HF 2005

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:18pm

A bill for an act
relating to health; modifying health data provisions; changing requirements for
establishment of a common entry point; establishing registration of automatic
external defibrillators; modifying stroke center criteria; changing the prescription
monitoring program; establishing immunity from civil liability for use of opiate
antagonists; modifying background study requirements; amending Minnesota
Statutes 2012, sections 62U.04, subdivision 4, by adding a subdivision;
152.126, as amended; Minnesota Statutes 2013 Supplement, sections 144.493,
subdivisions 1, 2; 256N.21, by adding a subdivision; 626.557, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapters 403; 604A.

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

Section 1.

Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:

Subd. 4.

Encounter data.

(a) Beginning July 1, 2009, and every six months
thereafter, all health plan companies and third-party administrators shall submit encounter
data to a private entity designated by the commissioner of health. The data shall be
submitted in a form and manner specified by the commissioner subject to the following
requirements:

(1) the data must be de-identified data as described under the Code of Federal
Regulations, title 45, section 164.514;

(2) the data for each encounter must include an identifier for the patient's health care
home if the patient has selected a health care home; and

(3) except for the identifier described in clause (2), the data must not include
information that is not included in a health care claim or equivalent encounter information
transaction that is required under section 62J.536.

(b) The commissioner or the commissioner's designee shall only use the data
submitted under paragraph (a) to carry out its responsibilities in this section, including
supplying the data to providers so they can verify their results of the peer grouping process
consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
and adopted by the commissioner and, if necessary, submit comments to the commissioner
or initiate an appeal.

(c) Data on providers collected under this subdivision are private data on individuals
or nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary
data in section 13.02, subdivision 19, summary data prepared under this subdivision
may be derived from nonpublic data. The commissioner or the commissioner's designee
shall establish procedures and safeguards to protect the integrity and confidentiality of
any data that it maintains.

(d) The commissioner or the commissioner's designee shall not publish analyses or
reports that identify, or could potentially identify, individual patients.

new text begin (e) The commissioner shall compile summary information on the data submitted
under this subdivision. The commissioner shall work with its vendors to assess the
data submitted in terms of compliance with the data submission requirements and the
completeness of the data submitted by comparing the data with summary information
compiled by the commissioner and with established and emerging data quality standards
to ensure data quality.
new text end

Sec. 2.

Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Restricted uses of the all-payer claims data. new text end

new text begin (a) Notwithstanding
subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
the following purposes:
new text end

new text begin (1) to evaluate the performance of the health care home program as authorized under
sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
new text end

new text begin (2) to study, in collaboration with the reducing avoidable readmissions effectively
(RARE) campaign, hospital readmission trends and rates;
new text end

new text begin (3) to analyze variations in health care costs, quality, utilization, and illness burden
based on geographical areas or populations; and
new text end

new text begin (4) to evaluate the state innovation model (SIM) testing grant received by the
Departments of Health and Human Services, including the analysis of health care cost,
quality, and utilization baseline and trend information for targeted populations and
communities.
new text end

new text begin (b) The commissioner may publish the results of the authorized uses identified
in paragraph (a) so long as the data released publicly do not contain information or
descriptions in which the identity of individual hospitals, clinics, or other providers may
be discerned.
new text end

new text begin (c) Nothing in this subdivision shall be construed to prohibit the commissioner from
using the data collected under subdivision 4 to complete the state-based risk adjustment
system assessment due to the legislature on October 1, 2015.
new text end

new text begin (d) The commissioner or the commissioner's designee may use the data submitted
under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
July 1, 2016.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
amended to read:

Subdivision 1.

Comprehensive stroke center.

A hospital meets the criteria for a
comprehensive stroke center if the hospital has been certified as a comprehensive stroke
center by the joint commission or another nationally recognized accreditation entity new text begin and
the hospital participates in the Minnesota stroke registry program new text end .

Sec. 4.

Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
amended to read:

Subd. 2.

Primary stroke center.

A hospital meets the criteria for a primary stroke
center if the hospital has been certified as a primary stroke center by the joint commission
or another nationally recognized accreditation entity new text begin and the hospital participates in the
Minnesota stroke registry program new text end .

Sec. 5.

Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
113, article 3, section 3, is amended to read:

152.126 deleted text begin CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
REPORTING SYSTEM deleted text end new text begin PRESCRIPTION MONITORING PROGRAM new text end .

Subdivision 1.

Definitions.

new text begin (a) new text end For purposes of this section, the terms defined in
this subdivision have the meanings given.

deleted text begin (a) deleted text end new text begin (b) new text end "Board" means the Minnesota State Board of Pharmacy established under
chapter 151.

deleted text begin (b) deleted text end new text begin (c) new text end "Controlled substances" means those substances listed in section 152.02,
subdivisions 3 to deleted text begin 5 deleted text end new text begin 6 new text end , and those substances defined by the board pursuant to section
152.02, subdivisions 7, 8, and 12. new text begin For the purposes of this section, controlled substances
includes tramadol and butalbital.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision 30. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.

deleted text begin (d) deleted text end new text begin (e) new text end "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
not include a licensed hospital pharmacy that distributes controlled substances for inpatient
hospital care or a veterinarian who is dispensing prescriptions under section 156.18.

deleted text begin (e) deleted text end new text begin (f) new text end "Prescriber" means a licensed health care professional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1 new text begin or 2 new text end .

deleted text begin (f) deleted text end new text begin (g) new text end "Prescription" has the meaning given in section 151.01, subdivision 16.

Subd. 1a.

Treatment of intractable pain.

This section is not intended to limit or
interfere with the legitimate prescribing of controlled substances for pain. No prescriber
shall be subject to disciplinary action by a health-related licensing board for prescribing a
controlled substance according to the provisions of section 152.125.

Subd. 2.

Prescription electronic reporting system.

(a) The board shall establish
by January 1, 2010, an electronic system for reporting the information required under
subdivision 4 for all controlled substances dispensed within the state.

(b) The board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, operation, and maintenance of the electronic
reporting system.

Subd. 3.

Prescription deleted text begin Electronic Reporting deleted text end new text begin Monitoring Program new text end Advisory
deleted text begin Committee deleted text end new text begin Task Force new text end .

(a) The board deleted text begin shall convene deleted text end new text begin shall appoint new text end an advisory deleted text begin committee.
The committee must include deleted text end new text begin task force consisting of new text end at least one representative of:

(1) the Department of Health;

(2) the Department of Human Services;

(3) each health-related licensing board that licenses prescribers;

(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;

(5) a professional pharmacy association;

(6) a professional nursing association;

(7) a professional dental association;

(8) a consumer privacy or security advocate; and

(9) a consumer or patient rights organization.

(b) The advisory deleted text begin committee deleted text end new text begin task force new text end shall advise the board on the development and
operation of the deleted text begin electronic reporting system deleted text end new text begin prescription monitoring program new text end , including,
but not limited to:

(1) technical standards for electronic prescription drug reporting;

(2) proper analysis and interpretation of prescription monitoring data; and

(3) an evaluation process for the program.

new text begin (c) The task force is governed by section 15.059. Notwithstanding section 15.059,
subdivision 5, the task force shall not expire.
new text end

Subd. 4.

Reporting requirements; notice.

(a) Each dispenser must submit the
following data to the board or its designated vendor deleted text begin , subject to the notice required under
paragraph (d) deleted text end :

(1) name of the prescriber;

(2) national provider identifier of the prescriber;

(3) name of the dispenser;

(4) national provider identifier of the dispenser;

(5) prescription number;

(6) name of the patient for whom the prescription was written;

(7) address of the patient for whom the prescription was written;

(8) date of birth of the patient for whom the prescription was written;

(9) date the prescription was written;

(10) date the prescription was filled;

(11) name and strength of the controlled substance;

(12) quantity of controlled substance prescribed;

(13) quantity of controlled substance dispensed; and

(14) number of days supply.

(b) The dispenser must submit the required information by a procedure and in a
format established by the board. The board may allow dispensers to omit data listed in this
subdivision or may require the submission of data not listed in this subdivision provided
the omission or submission is necessary for the purpose of complying with the electronic
reporting or data transmission standards of the American Society for Automation in
Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
standard-setting body.

(c) A dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for:

deleted text begin (1) individuals residing in licensed skilled nursing or intermediate care facilities;
deleted text end

deleted text begin (2) individuals receiving assisted living services under chapter 144G or through a
medical assistance home and community-based waiver;
deleted text end

deleted text begin (3) individuals receiving medication intravenously;
deleted text end

deleted text begin (4) individuals receiving hospice and other palliative or end-of-life care; and
deleted text end

deleted text begin (5) individuals receiving services from a home care provider regulated under chapter
144A.
deleted text end

new text begin (1) individuals residing in a health care facility as defined in section 151.58,
subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
drug distribution system according to section 151.58; and
new text end

new text begin (2) individuals receiving a drug sample that was packaged by a manufacturer and
provided to the dispenser for dispensing as a professional sample pursuant to Code of
Federal Regulations, title 21, section 203, subpart D.
new text end

(d) A dispenser must deleted text begin not submit data under this subdivision unless deleted text end new text begin provide to the
patient for whom the prescription was written new text end a conspicuous notice of the reporting
requirements of this section deleted text begin is given to the patient for whom the prescription was written
deleted text end new text begin and notice that the information may be used for program administration purposes new text end .

Subd. 5.

Use of data by board.

(a) The board shall develop and maintain a database
of the data reported under subdivision 4. The board shall maintain data that could identify
an individual prescriber or dispenser in encrypted form. new text begin Except as otherwise allowed
under subdivision 6, new text end the database may be used by permissible users identified under
subdivision 6 for the identification of:

(1) individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or with a
frequency inconsistent with generally recognized standards of use for those controlled
substances, including standards accepted by national and international pain management
associations; and

(2) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.

(b) No permissible user identified under subdivision 6 may access the database
for the sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.

(c) No personnel of a state or federal occupational licensing board or agency may
access the database for the purpose of obtaining information to be used to initiate or
substantiate a disciplinary action against a prescriber.

(d) Data reported under subdivision 4 shall be deleted text begin retained by the board in the database
for a 12-month period, and shall be deleted text end deleted text begin removed from the database deleted text end deleted text begin no later than 12 months
from the last day of the month during deleted text end deleted text begin which the data was received. deleted text end new text begin made available to
permissible users for a 12-month period beginning the day the data was received and
ending 12 months from the last day of the month in which the data was received, except
that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
use all data collected under this section for the purposes of administering, operating,
and maintaining the prescription monitoring program and conducting trend analyses
and other studies necessary to evaluate the effectiveness of the program. Data retained
beyond 12 months must be de-identified.
new text end

new text begin (e) The board shall not retain data reported under subdivision 4 for a period longer
than five years from the date the data was received.
new text end

Subd. 6.

Access to reporting system data.

(a) Except as indicated in this
subdivision, the data submitted to the board under subdivision 4 is private data on
individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.

(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:

(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is new text begin :
new text end

new text begin (i) new text end prescribing or considering prescribing any controlled substance new text begin ;
new text end

new text begin (ii) providing emergency medical treatment for which access to the data may be
necessary; or
new text end

new text begin (iii) providing other medical treatment for which access to the data may be necessary
and the patient has consented to access to the submitted data, new text end and with the provision that
the prescriber remains responsible for the use or misuse of data accessed by a delegated
agent or employee;

(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically
to a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;

(3) an individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4, or a guardian of the individual, parent or
guardian of a minor, or health care agent of the individual acting under a health care
directive under chapter 145C;

(4) personnel of the board specifically assigned to conduct a bona fide investigation
of a specific licensee;

(5) personnel of the board engaged in the collection new text begin , review, and analysis
new text end of controlled substance prescription information as part of the assigned duties and
responsibilities under this section;

(6) authorized personnel of a vendor under contract with the deleted text begin board deleted text end new text begin state of
Minnesota new text end who are engaged in the design, implementation, operation, and maintenance of
the deleted text begin electronic reporting system deleted text end new text begin prescription monitoring program new text end as part of the assigned
duties and responsibilities of their employment, provided that access to data is limited to
the minimum amount necessary to carry out such duties and responsibilities new text begin , and subject
to the requirement of de-identification and time limit on retention of data specified in
subdivision 5, paragraphs (d) and (e) new text end ;

(7) federal, state, and local law enforcement authorities acting pursuant to a valid
search warrant;

(8) personnel of the deleted text begin medical assistance program deleted text end new text begin Minnesota health care programs
new text end assigned to use the data collected under this section to identify recipients whose usage of
controlled substances may warrant restriction to a single primary care deleted text begin physician deleted text end new text begin provider new text end ,
a single outpatient pharmacy, deleted text begin or deleted text end new text begin and new text end a single hospital; deleted text begin and
deleted text end

(9) personnel of the Department of Human Services assigned to access the data
pursuant to paragraph deleted text begin (h) deleted text end new text begin (g); and
new text end

new text begin (10) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is
currently enrolled in and being monitored by the program, and the individual consents to
access to that information. The health professionals services program personnel shall not
provide this data to a health-related licensing board or the Emergency Medical Services
Regulatory Board, except as permitted under section 214.33, subdivision 3 new text end .

For purposes of clause deleted text begin (3) deleted text end new text begin (4) new text end , access by an individual includes persons in the
definition of an individual under section 13.02.

(c) deleted text begin Any deleted text end new text begin A new text end permissible user identified in paragraph (b), deleted text begin who deleted text end new text begin clauses (1), (2), (5), (6),
and (8) may new text end directly deleted text begin accesses deleted text end new text begin access new text end the data electronically deleted text begin , deleted text end new text begin . If the data is directly accessed
electronically, the permissible user new text end shall implement and maintain a comprehensive
information security program that contains administrative, technical, and physical
safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
personal information obtained. The permissible user shall identify reasonably foreseeable
internal and external risks to the security, confidentiality, and integrity of personal
information that could result in the unauthorized disclosure, misuse, or other compromise
of the information and assess the sufficiency of any safeguards in place to control the risks.

(d) The board shall not release data submitted under deleted text begin this section deleted text end new text begin subdivision 4 new text end unless
it is provided with evidence, satisfactory to the board, that the person requesting the
information is entitled to receive the data.

deleted text begin (e) The board shall not release the name of a prescriber without the written consent
of the prescriber or a valid search warrant or court order. The board shall provide a
mechanism for a prescriber to submit to the board a signed consent authorizing the release
of the prescriber's name when data containing the prescriber's name is requested.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end The board shall maintain a log of all persons who access the data new text begin for a period
of at least three years new text end and shall ensure that any permissible user complies with paragraph
(c) prior to attaining direct access to the data.

deleted text begin (g) deleted text end new text begin (f) new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for
any purpose not specified in this section.

deleted text begin (h) deleted text end new text begin (g) new text end With available appropriations, the commissioner of human services shall
establish and implement a system through which the Department of Human Services shall
routinely access the data for the purpose of determining whether any client enrolled in
an opioid treatment program licensed according to chapter 245A has been prescribed or
dispensed a controlled substance in addition to that administered or dispensed by the
opioid treatment program. When the commissioner determines there have been multiple
prescribers or multiple prescriptions of controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data
directly, review the effect of the multiple prescribers or multiple prescriptions, and
document the review.

If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
2.34, item (c), prior to implementing this paragraph.

Subd. 7.

Disciplinary action.

(a) A dispenser who knowingly fails to submit data to
the board as required under this section is subject to disciplinary action by the appropriate
health-related licensing board.

(b) A prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of health care data
shall be subject to disciplinary action by the appropriate health-related licensing board,
and appropriate civil penalties.

deleted text begin Subd. 8. deleted text end

deleted text begin Evaluation and reporting. deleted text end

deleted text begin (a) The board shall evaluate the prescription
electronic reporting system to determine if the system is negatively impacting appropriate
prescribing practices of controlled substances. The board may contract with a vendor to
design and conduct the evaluation.
deleted text end

deleted text begin (b) The board shall submit the evaluation of the system to the legislature by July
15, 2011.
deleted text end

Subd. 9.

Immunity from liability; no requirement to obtain information.

(a) A
pharmacist, prescriber, or other dispenser making a report to the program in good faith
under this section is immune from any civil, criminal, or administrative liability, which
might otherwise be incurred or imposed as a result of the report, or on the basis that the
pharmacist or prescriber did or did not seek or obtain or use information from the program.

(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
to obtain information about a patient from the program, and the pharmacist, prescriber,
or other dispenser, if acting in good faith, is immune from any civil, criminal, or
administrative liability that might otherwise be incurred or imposed for requesting,
receiving, or using information from the program.

Subd. 10.

Funding.

(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription deleted text begin electronic reporting system deleted text end new text begin monitoring
program new text end established under this section. Any funds received shall be appropriated to the
board for this purpose. The board may not expend funds to enhance the program in a way
that conflicts with this section without seeking approval from the legislature.

(b) new text begin Notwithstanding any other section, new text end the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, new text begin the Board of Veterinary Medicine, new text end and the Board of Pharmacy an amount to
be paid through fees by each respective board. The amount apportioned to each board
shall equal each board's share of the annual appropriation to the Board of Pharmacy
from the state government special revenue fund for operating the prescription deleted text begin electronic
reporting system deleted text end new text begin monitoring program new text end under this section. Each board's apportioned share
shall be based on the number of prescribers or dispensers that each board identified in
this paragraph licenses as a percentage of the total number of prescribers and dispensers
licensed collectively by these boards. Each respective board may adjust the fees that the
boards are required to collect to compensate for the amount apportioned to each board by
the administrative services unit.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Background study. new text end

new text begin (a) A county or private agency conducting a
background study for purposes of child foster care licensing or approval must conduct
the study in accordance with chapter 245C and must meet the requirements in United
States Code, title 42, section 671(a)(20).
new text end

new text begin (b) A tribal organization conducting a background study for purposes of child foster
care licensing or approval must conduct the study in accordance with the requirements in
United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
in United States Code, title 42, section 671(a)(20), when applicable.
new text end

Sec. 7.

new text begin [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Automatic external defibrillator" or "AED" means an electronic device designed
and manufactured to operate automatically or semiautomatically for the purpose of
delivering an electrical current to the heart of a person in sudden cardiac arrest.
new text end

new text begin (c) "AED registry" means a registry of AEDs that requires a maintenance program
or package, and includes, but is not limited to, the following registries: the Minnesota
AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
new text end

new text begin (d) "Person" means a natural person, partnership, association, corporation, or unit
of government.
new text end

new text begin (e) "Public access AED" means any AED that is intended, by its markings or display,
to be used or accessed by the public for the benefit of the general public that may happen
to be in the vicinity or location of that AED. It does not include an AED that is owned or
used by a hospital, clinic, business, or organization that is intended to be used by staff and
is not marked or displayed in a manner to encourage public access.
new text end

new text begin (f) "Maintenance program or package" means a program that will alert the AED
owner when the AED has electrodes and batteries due to expire or replaces those expiring
electrodes and batteries for the AED owner.
new text end

new text begin (g) "Public safety agency" means local law enforcement, county sheriff, municipal
police, tribal agencies, state law enforcement, fire departments, including municipal
departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
and licensed ambulance services.
new text end

new text begin (h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
placed in stationary storage, including, but not limited to, an AED used at an athletic event.
new text end

new text begin (i) "Private use AED" means an AED that is not intended to be used or accessed by
the public for the benefit of the general public. This may include, but is not limited to,
AEDs found in private residences.
new text end

new text begin Subd. 2. new text end

new text begin Registration. new text end

new text begin A person who purchases or obtains a public access AED shall
register that device with an AED registry within 30 working days of receiving the AED.
new text end

new text begin Subd. 3. new text end

new text begin Required information. new text end

new text begin A person registering a public access AED shall
provide the following information for each AED:
new text end

new text begin (1) AED manufacturer, model, and serial number;
new text end

new text begin (2) specific location where the AED will be kept; and
new text end

new text begin (3) the title, address, and telephone number of a person in management at the
business or organization where the AED is located.
new text end

new text begin Subd. 4. new text end

new text begin Information changes. new text end

new text begin The owner of a public access AED shall notify their
AED registry of any changes in the information that is required in the registration within
30 working days of the change occurring.
new text end

new text begin Subd. 5. new text end

new text begin Public access AED requirements. new text end

new text begin A public access AED:
new text end

new text begin (1) may be inspected during regular business hours by a public safety agency with
jurisdiction over the location of the AED;
new text end

new text begin (2) shall be kept in the location specified in the registration; and
new text end

new text begin (3) shall be reasonably maintained, including replacement of dead batteries and
pads/electrodes, and comply with all manufacturer's recall and safety notices.
new text end

new text begin Subd. 6. new text end

new text begin Removal of AED. new text end

new text begin An authorized agent of a public safety agency with
jurisdiction over the location of the AED may direct the owner of a public access AED
to comply with this section. Such authorized agent of a public safety agency may direct
the owner of the AED to remove the AED from its public access location and to remove
or cover any public signs relating to that AED if it is determined that the AED is not
ready for immediate use.
new text end

new text begin Subd. 7. new text end

new text begin Private use AEDs. new text end

new text begin The owner of a private use AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.
new text end

new text begin Subd. 8. new text end

new text begin Mobile AEDs. new text end

new text begin The owner of a mobile AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.
new text end

new text begin Subd. 9. new text end

new text begin Signs. new text end

new text begin A person acquiring a public use AED is encouraged but is not
required to post signs bearing the universal AED symbol in order to increase the ease of
access by the public to the AED in the event of an emergency. A person may not post any
AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
any AED signs by an authorized agent of a public safety agency.
new text end

new text begin Subd. 10. new text end

new text begin Emergency response plans. new text end

new text begin The owner of one or more public access
AEDs shall develop an emergency response plan appropriate for the nature of the facility
the AED is intended to serve.
new text end

new text begin Subd. 11. new text end

new text begin No civil liability. new text end

new text begin Nothing in this section shall create any civil liability on
the part of an AED owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

Sec. 8.

new text begin [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions; opiate antagonist. new text end

new text begin For purposes of this section, "opiate
antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
federal Food and Drug Administration for the treatment of a drug overdose.
new text end

new text begin Subd. 2. new text end

new text begin Authority to possess and administer opiate antagonists; release from
liability. new text end

new text begin (a) A person who is not a health care professional may possess or administer
an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
care professional pursuant to subdivision 3.
new text end

new text begin (b) A person who is not a health care professional who acts in good faith in
administering an opiate antagonist to another person whom the person believes in good
faith to be suffering a drug overdose is immune from criminal prosecution for the act and
is not liable for any civil damages for acts or omissions resulting from the act.
new text end

new text begin Subd. 3. new text end

new text begin Health care professionals; release from liability. new text end

new text begin A licensed health
care professional who is permitted by law to prescribe an opiate antagonist, if acting
in good faith, may directly or by standing order prescribe, dispense, distribute, or
administer an opiate antagonist to a person without being subject to civil liability or
criminal prosecution for the act. This immunity applies even when the opiate antagonist
is eventually administered in either or both of the following instances: (1) by someone
other than the person to whom it is prescribed; or (2) to someone other than the person
to whom it is prescribed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
actions arising from incidents occurring on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
amended to read:

Subd. 9.

Common entry point designation.

(a) new text begin Each county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point. new text end The commissioner of human services shall
establish a common entry point effective deleted text begin July 1, 2014 deleted text end new text begin no sooner than January 1, 2015 new text end .
The common entry point is the unit responsible for receiving the report of suspected
maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2) the name, address, and telephone number of the person reporting;

(3) the time, date, and location of the incident;

(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;

(5) whether there was a risk of imminent danger to the alleged victim;

(6) a description of the suspected maltreatment;

(7) the disability, if any, of the alleged victim;

(8) the relationship of the alleged perpetrator to the alleged victim;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) any action taken by the common entry point;

(11) whether law enforcement has been notified;

(12) whether the reporter wishes to receive notification of the initial and final
reports; and

(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.

(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative
agency, those agencies shall take the report on the appropriate common entry point intake
forms and immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.

(g) The commissioner of human services shall maintain a centralized database
for the collection of common entry point data, lead investigative agency data including
maltreatment report disposition, and appeals data. The common entry point shall
have access to the centralized database and must log the reports into the database and
immediately identify and locate prior reports of abuse, neglect, or exploitation.

(h) When appropriate, the common entry point staff must refer calls that do not
allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
that might resolve the reporter's concerns.

(i) A common entry point must be operated in a manner that enables the
commissioner of human services to:

(1) track critical steps in the reporting, evaluation, referral, response, disposition,
and investigative process to ensure compliance with all requirements for all reports;

(2) maintain data to facilitate the production of aggregate statistical reports for
monitoring patterns of abuse, neglect, or exploitation;

(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect,
or exploitation;

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and

(5) track and manage consumer complaints related to the common entry point.

(j) The commissioners of human services and health shall collaborate on the
creation of a system for referring reports to the lead investigative agencies. This system
shall enable the commissioner of human services to track critical steps in the reporting,
evaluation, referral, response, disposition, investigation, notification, determination, and
appeal processes.

new text begin EFFECTIVE DATE. new text end

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