HF 4738

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/26/2024 11:14am

A bill for an act
relating to health; establishing an Office of Emergency Medical Services to replace
the Emergency Medical Services Regulatory Board; specifying duties for the
office; transferring duties; establishing advisory councils; establishing alternative
EMS response model pilot program; making conforming changes; requiring a
report; appropriating money; amending Minnesota Statutes 2022, sections 62J.49,
subdivision 1; 144E.001, by adding subdivisions; 144E.16, subdivision 5; 144E.19,
subdivision 3; 144E.27, subdivision 5; 144E.28, subdivisions 5, 6; 144E.285,
subdivision 6; 144E.287; 144E.305, subdivision 3; 214.025; 214.04, subdivision
2a; 214.29; 214.31; 214.355; Minnesota Statutes 2023 Supplement, sections
15A.0815, subdivision 2; 43A.08, subdivision 1a; 152.126, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapter 144E; repealing Minnesota
Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, subdivision
5; 144E.50, subdivision 3.

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

ARTICLE 1

OFFICE OF EMERGENCY MEDICAL SERVICES

Section 1.

Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Director. new text end

new text begin "Director" means the director of the Office of Emergency Medical
Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Office. new text end

new text begin "Office" means the Office of Emergency Medical Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

new text begin [144E.011] OFFICE OF EMERGENCY MEDICAL SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Office of Emergency Medical Services is established
with the powers and duties established in law. In administering this chapter, the office must
promote the public health and welfare, protect the safety of the public, and effectively
regulate and support the operation of the emergency medical services system in this state.
new text end

new text begin Subd. 2. new text end

new text begin Director. new text end

new text begin The governor must appoint a director for the office with the advice
and consent of the senate. The director must be in the unclassified service and must serve
at the pleasure of the governor. The salary of the director shall be determined according to
section 15A.0815. The director shall direct the activities of the office.
new text end

new text begin Subd. 3. new text end

new text begin Powers and duties. new text end

new text begin The director has the following powers and duties:
new text end

new text begin (1) to administer and enforce this chapter and adopt rules as needed to implement this
chapter. Rules for which notice is published in the State Register before July 1, 2026, may
be adopted using the expedited rulemaking process in section 14.389;
new text end

new text begin (2) to license ambulance services in the state and regulate their operation;
new text end

new text begin (3) to establish and modify primary service areas;
new text end

new text begin (4) to designate an ambulance service as authorized to provide service in a primary
service area and to remove an ambulance service's authorization to provide service in a
primary service area;
new text end

new text begin (5) to register medical response units in the state and regulate their operation;
new text end

new text begin (6) to certify emergency medical technicians, advanced emergency medical technicians,
community emergency medical technicians, paramedics, and community paramedics and
to register emergency medical responders;
new text end

new text begin (7) to approve education programs for ambulance service personnel and emergency
medical responders and to administer qualifications for instructors of education programs;
new text end

new text begin (8) to administer grant programs related to emergency medical services;
new text end

new text begin (9) to report to the legislature, by February 15 each year, on the work of the office and
the advisory councils in the previous calendar year and with recommendations for any
needed policy changes related to emergency medical services, including but not limited to
improving access to emergency medical services, improving service delivery by ambulance
services and medical response units, and improving the effectiveness of the state's emergency
medical services system. The director must develop the reports and recommendations in
consultation with the office's deputy directors and advisory councils;
new text end

new text begin (10) to investigate complaints against and hold hearings regarding ambulance services,
ambulance service personnel, and emergency medical responders and to impose disciplinary
action or otherwise resolve complaints; and
new text end

new text begin (11) to perform other duties related to the provision of emergency medical services in
the state.
new text end

new text begin Subd. 4. new text end

new text begin Employees. new text end

new text begin The director may employ personnel in the classified service and
unclassified personnel as necessary to carry out the duties of this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Work plan. new text end

new text begin The director must prepare a work plan to guide the work of the
office. The work plan must be updated biennially.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

new text begin [144E.015] MEDICAL SERVICES DIVISION.
new text end

new text begin A Medical Services Division is created in the Office of Emergency Medical Services.
The Medical Services Division shall be under the supervision of a deputy director of medical
services appointed by the director. The deputy director of medical services must be a
physician licensed under chapter 147. The deputy director, under the direction of the director,
shall enforce and coordinate the laws, rules, and policies assigned by the director, which
may include overseeing the clinical aspects of prehospital medical care and education
programs for emergency medical service personnel.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 5.

new text begin [144E.016] AMBULANCE SERVICES DIVISION.
new text end

new text begin An Ambulance Services Division is created in the Office of Emergency Medical Services.
The Ambulance Services Division shall be under the supervision of a deputy director of
ambulance services appointed by the director. The deputy director, under the direction of
the director, shall enforce and coordinate the laws, rules, and policies assigned by the director,
which may include operating standards and licensing of ambulance services; registration
and operation of medical response units; establishment and modification of primary service
areas; authorization of ambulance services to provide service in a primary service area and
revocation of such authorization; coordination of ambulance services within regions and
across the state; and administration of grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 6.

new text begin [144E.017] EMERGENCY MEDICAL SERVICE PROVIDERS DIVISION.
new text end

new text begin An Emergency Medical Service Providers Division is created in the Office of Emergency
Medical Services. The Emergency Medical Service Providers Division shall be under the
supervision of a deputy director of emergency medical service providers appointed by the
director. The deputy director, under the direction of the director, shall enforce and coordinate
the laws, rules, and policies assigned by the director, which may include certification and
registration of individual emergency medical service providers; overseeing worker safety,
worker well-being, and working conditions; implementation of education programs; and
administration of grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 7.

new text begin [144E.03] EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin The Emergency Medical Services Advisory
Council is established and consists of the following members:
new text end

new text begin (1) one emergency medical technician currently practicing with a licensed ambulance
service, appointed by the Minnesota Ambulance Association;
new text end

new text begin (2) one paramedic currently practicing with a licensed ambulance service or a medical
response unit, appointed jointly by the Minnesota Professional Fire Fighters Association
and the Minnesota Ambulance Association;
new text end

new text begin (3) one medical director of a licensed ambulance service, appointed by the National
Association of EMS Physicians, Minnesota Chapter;
new text end

new text begin (4) one firefighter currently serving as an emergency medical responder, appointed by
the Minnesota State Fire Chiefs Association;
new text end

new text begin (5) one registered nurse who is certified or currently practicing as a flight nurse, appointed
jointly by the regional emergency services boards of the designated regional emergency
medical services systems;
new text end

new text begin (6) one hospital administrator, appointed by the Minnesota Hospital Association;
new text end

new text begin (7) one social worker, appointed by the Board of Social Work;
new text end

new text begin (8) one member of a federally recognized Tribal Nation in Minnesota, appointed by the
Minnesota Indian Affairs Council;
new text end

new text begin (9) three public members, appointed by the governor;
new text end

new text begin (10) one member with experience working as an employee organization representative
representing emergency medical service providers, appointed by an employee organization
representing emergency medical service providers;
new text end

new text begin (11) one member representing a local government, appointed by the Coalition of Greater
Minnesota Cities;
new text end

new text begin (12) one member representing a local government in the seven-county metropolitan area,
appointed by the League of Minnesota Cities;
new text end

new text begin (13) one member of the house of representatives and one member of the senate, appointed
according to subdivision 2; and
new text end

new text begin (14) the commissioner of health and commissioner of public safety or their designees
as ex officio members.
new text end

new text begin Subd. 2. new text end

new text begin Legislative members. new text end

new text begin The speaker of the house must appoint one member of
the house of representatives to serve on the advisory council and the senate majority leader
must appoint one member of the senate to serve on the advisory council. Legislative members
appointed under this subdivision serve until successors are appointed. Legislative members
may receive per diem compensation and reimbursement for expenses according to the rules
of their respective bodies.
new text end

new text begin Subd. 3. new text end

new text begin Terms, compensation, removal, vacancies, and expiration. new text end

new text begin Compensation
and reimbursement for expenses for members appointed under subdivision 1, clauses (1)
to (12); removal of members; filling of vacancies of members; and, except for initial
appointments, membership terms are governed by section 15.059. Notwithstanding section
15.059, subdivision 6, the advisory council does not expire.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The advisory council must elect a chair and vice-chair
from among its membership and may elect other officers as the advisory council deems
necessary.
new text end

new text begin (b) The advisory council must meet quarterly or at the call of the chair.
new text end

new text begin (c) Meetings of the advisory council are subject to chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The advisory council must review and make recommendations to the
director and the deputy director of ambulance services on the administration of this chapter;
the regulation of ambulance services and medical response units; the operation of the
emergency medical services system in the state; and other topics as directed by the director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 8.

new text begin [144E.035] EMERGENCY MEDICAL SERVICES PHYSICIAN ADVISORY
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin The Emergency Medical Services Physician
Advisory Council is established and consists of the following members:
new text end

new text begin (1) eight physicians who meet the qualifications for medical directors in section 144E.265,
subdivision 1, with one physician appointed by each of the regional emergency services
boards of the designated regional emergency medical services systems;
new text end

new text begin (2) one physician who meets the qualifications for medical directors in section 144E.265,
subdivision 1, appointed by the Minnesota State Fire Chiefs Association;
new text end

new text begin (3) one physician who is board-certified in pediatrics, appointed by the Minnesota
Emergency Medical Services for Children program; and
new text end

new text begin (4) the medical director member of the Emergency Medical Services Advisory Council
appointed under section 144E.03, subdivision 1, clause (3).
new text end

new text begin Subd. 2. new text end

new text begin Terms, compensation, removal, vacancies, and expiration. new text end

new text begin Compensation
and reimbursement for expenses, removal of members, filling of vacancies of members,
and, except for initial appointments, membership terms are governed by section 15.059.
Notwithstanding section 15.059, subdivision 6, the advisory council shall not expire.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The advisory council must elect a chair and vice-chair
from among its membership and may elect other officers as it deems necessary.
new text end

new text begin (b) The advisory council must meet twice per year or upon the call of the chair.
new text end

new text begin (c) Meetings of the advisory council are subject to chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The advisory council must:
new text end

new text begin (1) review and make recommendations to the director and deputy director of medical
services on clinical aspects of prehospital medical care. In doing so, the advisory council
must incorporate information from medical literature, advances in bedside clinical practice,
and advisory council member experience; and
new text end

new text begin (2) serve as subject matter experts for the director and deputy director of medical services
on evolving topics in clinical medicine, including but not limited to infectious disease,
pharmaceutical and equipment shortages, and implementation of new therapeutics.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 9.

new text begin [144E.04] LABOR AND EMERGENCY MEDICAL SERVICE PROVIDERS
ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin The Labor and Emergency Medical Service
Providers Advisory Council is established and consists of the following members:
new text end

new text begin (1) one emergency medical service provider of any type from each of the designated
regional emergency medical services systems, appointed by their respective regional
emergency services boards;
new text end

new text begin (2) one emergency medical technician instructor, appointed by an employee organization
representing emergency medical service providers;
new text end

new text begin (3) two members with experience working as an employee organization representative
representing emergency medical service providers, appointed by an employee organization
representing emergency medical service providers;
new text end

new text begin (4) one emergency medical service provider based in a fire department, appointed jointly
by the Minnesota State Fire Chiefs Association and the Minnesota Professional Fire Fighters
Association; and
new text end

new text begin (5) one emergency medical service provider not based in a fire department, appointed
by the League of Minnesota Cities.
new text end

new text begin Subd. 2. new text end

new text begin Terms, compensation, removal, vacancies, and expiration. new text end

new text begin Compensation
and reimbursement for expenses for members appointed under subdivision 1; removal of
members; filling of vacancies of members; and, except for initial appointments, membership
terms are governed by section 15.059. Notwithstanding section 15.059, subdivision 6, the
Labor and Emergency Medical Service Providers Advisory Council does not expire.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The Labor and Emergency Medical Service Providers
Advisory Council must elect a chair and vice-chair from among its membership and may
elect other officers as the advisory council deems necessary.
new text end

new text begin (b) The Labor and Emergency Medical Service Providers Advisory Council must meet
quarterly or at the call of the chair.
new text end

new text begin (c) Meetings of the Labor and Emergency Medical Service Providers Advisory Council
are subject to chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The Labor and Emergency Medical Service Providers Advisory Council
must review and make recommendations to the director and deputy director of emergency
medical service providers on the laws, rules, and policies assigned to the Emergency Medical
Service Providers Division and other topics as directed by the director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 10.

new text begin [144E.105] ALTERNATIVE EMS RESPONSE MODEL PILOT PROGRAM.
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.
new text end

new text begin (b) "Partnering ambulance services" means the basic life support ambulance service and
the advanced life support ambulance service that partner to jointly respond to emergency
ambulance calls under the pilot program.
new text end

new text begin (c) "Pilot program" means the alternative EMS response model pilot program established
under this section.
new text end

new text begin Subd. 2. new text end

new text begin Pilot program established. new text end

new text begin The board must establish and administer an
alternative EMS response model pilot program. Under the pilot program, the board may
authorize basic life support ambulance services to partner with advanced life support
ambulance services to provide expanded advanced life support service intercept capability
and staffing support for emergency ambulance calls.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin A basic life support ambulance service that wishes to participate
in the pilot program must apply to the board. An application from a basic life support
ambulance service must be submitted jointly with the advanced life support ambulance
service with which the basic life support ambulance service proposes to partner. The
application must identify the ambulance services applying to be partnering ambulance
services and must include:
new text end

new text begin (1) approval to participate in the pilot program from the medical directors of the proposed
partnering ambulance services;
new text end

new text begin (2) procedures the basic life support ambulance service will implement to respond to
emergency ambulance calls when the basic life support ambulance service is unable to meet
the minimum staffing requirements under section 144E.101, subdivision 6, and the partnering
advanced life support ambulance service is unavailable to jointly respond to emergency
ambulance calls;
new text end

new text begin (3) an agreement between the proposed partnering ambulance services specifying which
ambulance service is responsible for:
new text end

new text begin (i) workers' compensation insurance;
new text end

new text begin (ii) motor vehicle insurance; and
new text end

new text begin (iii) billing, identifying which if any ambulance service will bill the patient or the patient's
insurer and specifying how payments received will be distributed among the proposed
partnering ambulance services;
new text end

new text begin (4) communication procedures to coordinate and make known the real-time availability
of the advanced life support ambulance service to its proposed partnering basic life support
ambulance services and public safety answering points;
new text end

new text begin (5) an acknowledgment that the proposed partnering ambulance services must coordinate
compliance with the prehospital care data requirements in section 144E.123; and
new text end

new text begin (6) an acknowledgment that the proposed partnering ambulance services remain
responsible for providing continual service as required under section 144E.101, subdivision
3.
new text end

new text begin Subd. 4. new text end

new text begin Operation. new text end

new text begin Under the pilot program, an advanced life support ambulance
service may partner with one or more basic life support ambulance services. Under this
partnership, the advanced life support ambulance service and basic life support ambulance
service must jointly respond to emergency ambulance calls originating in the primary service
area of the basic life support ambulance service. The advanced life support ambulance
service must respond to emergency ambulance calls with either an ambulance or a
nontransporting vehicle fully equipped with the advanced life support complement of
equipment and medications required for that nontransporting vehicle by that ambulance
service's medical director.
new text end

new text begin Subd. 5. new text end

new text begin Staffing. new text end

new text begin (a) When responding to an emergency ambulance call and when an
ambulance or nontransporting vehicle from the partnering advanced life support ambulance
service is confirmed to be available and is responding to the call:
new text end

new text begin (1) the basic life support ambulance must be staffed with a minimum of one emergency
medical technician; and
new text end

new text begin (2) the advanced life support ambulance or nontransporting vehicle must be staffed with
a minimum of one paramedic.
new text end

new text begin (b) The staffing specified in paragraph (a) is deemed to satisfy the staffing requirements
in section 144E.101, subdivisions 6 and 7.
new text end

new text begin Subd. 6. new text end

new text begin Medical director oversight. new text end

new text begin The medical director for an ambulance service
participating in the pilot program retains responsibility for the ambulance service personnel
of their ambulance service. When a paramedic from the partnering advanced life support
ambulance service makes contact with the patient, the standing orders; clinical policies;
protocols; and triage, treatment, and transportation guidelines for the advanced life support
ambulance service must direct patient care related to the encounter.
new text end

new text begin Subd. 7. new text end

new text begin Waivers and variances. new text end

new text begin The board may issue any waivers of or variances to
this chapter or Minnesota Rules, chapter 4690, to partnering ambulance services that are
needed to implement the pilot program, provided the waiver or variance does not adversely
affect the public health or welfare.
new text end

new text begin Subd. 8. new text end

new text begin Data and evaluation. new text end

new text begin In administering the pilot program, the board shall collect
from partnering ambulance services data needed to evaluate the impacts of the pilot program
on response times, patient outcomes, and patient experience for emergency ambulance calls.
new text end

new text begin Subd. 9. new text end

new text begin Transfer of authority. new text end

new text begin Effective January 1, 2025, the duties and authority
assigned to the board in this section are transferred to the director.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2026.
new text end

Sec. 11.

Minnesota Statutes 2022, section 144E.16, subdivision 5, is amended to read:

Subd. 5.

Local government's powers.

(a) Local units of government may, with the
approval of the deleted text begin board deleted text end new text begin director new text end , establish standards for ambulance services which impose
additional requirements upon such services. Local units of government intending to impose
additional requirements shall consider whether any benefit accruing to the public health
would outweigh the costs associated with the additional requirements.

(b) Local units of government that desire to impose additional requirements shall, prior
to adoption of relevant ordinances, rules, or regulations, furnish the deleted text begin board deleted text end new text begin director new text end with a
copy of the proposed ordinances, rules, or regulations, along with information that
affirmatively substantiates that the proposed ordinances, rules, or regulations:

(1) will in no way conflict with the relevant rules of the deleted text begin board deleted text end new text begin office new text end ;

(2) will establish additional requirements tending to protect the public health;

(3) will not diminish public access to ambulance services of acceptable quality; and

(4) will not interfere with the orderly development of regional systems of emergency
medical care.

(c) The deleted text begin board deleted text end new text begin director new text end shall base any decision to approve or disapprove local standards
upon whether or not the local unit of government in question has affirmatively substantiated
that the proposed ordinances, rules, or regulations meet the criteria specified in paragraph
(b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 12.

Minnesota Statutes 2022, section 144E.19, subdivision 3, is amended to read:

Subd. 3.

Temporary suspension.

(a) In addition to any other remedy provided by law,
the deleted text begin board deleted text end new text begin director new text end may temporarily suspend the license of a licensee after conducting a
preliminary inquiry to determine whether the deleted text begin board deleted text end new text begin director new text end believes that the licensee has
violated a statute or rule that the deleted text begin board deleted text end new text begin director new text end is empowered to enforce and determining
that the continued provision of service by the licensee would create an imminent risk to
public health or harm to others.

(b) A temporary suspension order prohibiting a licensee from providing ambulance
service shall give notice of the right to a preliminary hearing according to paragraph (d)
and shall state the reasons for the entry of the temporary suspension order.

(c) Service of a temporary suspension order is effective when the order is served on the
licensee personally or by certified mail, which is complete upon receipt, refusal, or return
for nondelivery to the most recent address provided to the deleted text begin board deleted text end new text begin director new text end for the licensee.

(d) At the time the deleted text begin board deleted text end new text begin director new text end issues a temporary suspension order, the deleted text begin board deleted text end new text begin director new text end
shall schedule a hearing deleted text begin , to be held before a group of its members designated by the board, deleted text end
that shall begin within 60 days after issuance of the temporary suspension order or within
15 working days of the date of the deleted text begin board's deleted text end new text begin director's new text end receipt of a request for a hearing from
a licensee, whichever is sooner. The hearing shall be on the sole issue of whether there is
a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under
this paragraph is not subject to chapter 14.

(e) Evidence presented by the deleted text begin board deleted text end new text begin director new text end or licensee may be in the form of an affidavit.
The licensee or the licensee's designee may appear for oral argument.

(f) Within five working days of the hearing, the deleted text begin board deleted text end new text begin director new text end shall issue its order and,
if the suspension is continued, notify the licensee of the right to a contested case hearing
under chapter 14.

(g) If a licensee requests a contested case hearing within 30 days after receiving notice
under paragraph (f), the deleted text begin board deleted text end new text begin director new text end shall initiate a contested case hearing according to
chapter 14. The administrative law judge shall issue a report and recommendation within
30 days after the closing of the contested case hearing record. The deleted text begin board deleted text end new text begin director new text end shall issue
a final order within 30 days after receipt of the administrative law judge's report.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 13.

Minnesota Statutes 2022, section 144E.27, subdivision 5, is amended to read:

Subd. 5.

Denial, suspension, revocation.

(a) The deleted text begin board deleted text end new text begin director new text end may deny, suspend,
revoke, place conditions on, or refuse to renew the registration of an individual who the
deleted text begin board deleted text end new text begin director new text end determines:

(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, an
agreement for corrective action, or an order that the deleted text begin board deleted text end new text begin director new text end issued or is otherwise
empowered to enforce;

(2) misrepresents or falsifies information on an application form for registration;

(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor
relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any
misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
alcohol;

(4) is actually or potentially unable to provide emergency medical services with
reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
or any other material, or as a result of any mental or physical condition;

(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive,
defraud, or harm the public, or demonstrating a willful or careless disregard for the health,
welfare, or safety of the public;

(6) maltreats or abandons a patient;

(7) violates any state or federal controlled substance law;

(8) engages in unprofessional conduct or any other conduct which has the potential for
causing harm to the public, including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without actual injury having to
be established;

(9) provides emergency medical services under lapsed or nonrenewed credentials;

(10) is subject to a denial, corrective, disciplinary, or other similar action in another
jurisdiction or by another regulatory authority;

(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient; deleted text begin or
deleted text end

(12) makes a false statement or knowingly provides false information to the deleted text begin board deleted text end new text begin
director new text end , or fails to cooperate with an investigation of the deleted text begin board deleted text end new text begin director new text end as required by
section 144E.30 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (13) fails to engage with the health professionals services program or diversion program
required under section 144E.287 after being referred to the program, violates the terms of
the program participation agreement, or leaves the program except upon fulfilling the terms
for successful completion of the program as set forth in the participation agreement.
new text end

(b) Before taking action under paragraph (a), the deleted text begin board deleted text end new text begin director new text end shall give notice to an
individual of the right to a contested case hearing under chapter 14. If an individual requests
a contested case hearing within 30 days after receiving notice, the deleted text begin board deleted text end new text begin director new text end shall initiate
a contested case hearing according to chapter 14.

(c) The administrative law judge shall issue a report and recommendation within 30
days after closing the contested case hearing record. The deleted text begin board deleted text end new text begin director new text end shall issue a final
order within 30 days after receipt of the administrative law judge's report.

(d) After six months from the deleted text begin board's deleted text end new text begin director's new text end decision to deny, revoke, place conditions
on, or refuse renewal of an individual's registration for disciplinary action, the individual
shall have the opportunity to apply to the deleted text begin board deleted text end new text begin director new text end for reinstatement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 14.

Minnesota Statutes 2022, section 144E.28, subdivision 5, is amended to read:

Subd. 5.

Denial, suspension, revocation.

(a) The deleted text begin board deleted text end new text begin director new text end may deny certification
or take any action authorized in subdivision 4 against an individual who the deleted text begin board deleted text end new text begin director
new text end determines:

(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, or
an order that the deleted text begin board deleted text end new text begin director new text end issued or is otherwise authorized or empowered to enforce,
or agreement for corrective action;

(2) misrepresents or falsifies information on an application form for certification;

(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor
relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any
misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
alcohol;

(4) is actually or potentially unable to provide emergency medical services with
reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
or any other material, or as a result of any mental or physical condition;

(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive,
defraud, or harm the public or demonstrating a willful or careless disregard for the health,
welfare, or safety of the public;

(6) maltreats or abandons a patient;

(7) violates any state or federal controlled substance law;

(8) engages in unprofessional conduct or any other conduct which has the potential for
causing harm to the public, including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without actual injury having to
be established;

(9) provides emergency medical services under lapsed or nonrenewed credentials;

(10) is subject to a denial, corrective, disciplinary, or other similar action in another
jurisdiction or by another regulatory authority;

(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient; deleted text begin or
deleted text end

(12) makes a false statement or knowingly provides false information to the deleted text begin board deleted text end new text begin director
new text end or fails to cooperate with an investigation of the deleted text begin board deleted text end new text begin director new text end as required by section
144E.30 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (13) fails to engage with the health professionals services program or diversion program
required under section 144E.287 after being referred to the program, violates the terms of
the program participation agreement, or leaves the program except upon fulfilling the terms
for successful completion of the program as set forth in the participation agreement.
new text end

(b) Before taking action under paragraph (a), the deleted text begin board deleted text end new text begin director new text end shall give notice to an
individual of the right to a contested case hearing under chapter 14. If an individual requests
a contested case hearing within 30 days after receiving notice, the deleted text begin board deleted text end new text begin director new text end shall initiate
a contested case hearing according to chapter 14 and no disciplinary action shall be taken
at that time.

(c) The administrative law judge shall issue a report and recommendation within 30
days after closing the contested case hearing record. The deleted text begin board deleted text end new text begin director new text end shall issue a final
order within 30 days after receipt of the administrative law judge's report.

(d) After six months from the deleted text begin board's deleted text end new text begin director's new text end decision to deny, revoke, place conditions
on, or refuse renewal of an individual's certification for disciplinary action, the individual
shall have the opportunity to apply to the deleted text begin board deleted text end new text begin director new text end for reinstatement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 15.

Minnesota Statutes 2022, section 144E.28, subdivision 6, is amended to read:

Subd. 6.

Temporary suspension.

(a) In addition to any other remedy provided by law,
the deleted text begin board deleted text end new text begin director new text end may temporarily suspend the certification of an individual after conducting
a preliminary inquiry to determine whether the deleted text begin board deleted text end new text begin director new text end believes that the individual
has violated a statute or rule that the deleted text begin board deleted text end new text begin director new text end is empowered to enforce and determining
that the continued provision of service by the individual would create an imminent risk to
public health or harm to others.

(b) A temporary suspension order prohibiting an individual from providing emergency
medical care shall give notice of the right to a preliminary hearing according to paragraph
(d) and shall state the reasons for the entry of the temporary suspension order.

(c) Service of a temporary suspension order is effective when the order is served on the
individual personally or by certified mail, which is complete upon receipt, refusal, or return
for nondelivery to the most recent address provided to the deleted text begin board deleted text end new text begin director new text end for the individual.

(d) At the time the deleted text begin board deleted text end new text begin director new text end issues a temporary suspension order, the deleted text begin board deleted text end new text begin director new text end
shall schedule a hearing deleted text begin , to be held before a group of its members designated by the board, deleted text end
that shall begin within 60 days after issuance of the temporary suspension order or within
15 working days of the date of the deleted text begin board's deleted text end new text begin director's new text end receipt of a request for a hearing from
the individual, whichever is sooner. The hearing shall be on the sole issue of whether there
is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under
this paragraph is not subject to chapter 14.

(e) Evidence presented by the deleted text begin board deleted text end new text begin director new text end or the individual may be in the form of an
affidavit. The individual or individual's designee may appear for oral argument.

(f) Within five working days of the hearing, the deleted text begin board deleted text end new text begin director new text end shall issue its order and,
if the suspension is continued, notify the individual of the right to a contested case hearing
under chapter 14.

(g) If an individual requests a contested case hearing within 30 days of receiving notice
under paragraph (f), the deleted text begin board deleted text end new text begin director new text end shall initiate a contested case hearing according to
chapter 14. The administrative law judge shall issue a report and recommendation within
30 days after the closing of the contested case hearing record. The deleted text begin board deleted text end new text begin director new text end shall issue
a final order within 30 days after receipt of the administrative law judge's report.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 16.

Minnesota Statutes 2022, section 144E.285, subdivision 6, is amended to read:

Subd. 6.

Temporary suspension.

(a) In addition to any other remedy provided by law,
the deleted text begin board deleted text end new text begin director new text end may temporarily suspend approval of the education program after
conducting a preliminary inquiry to determine whether the deleted text begin board deleted text end new text begin director new text end believes that the
education program has violated a statute or rule that the deleted text begin board deleted text end new text begin director new text end is empowered to
enforce and determining that the continued provision of service by the education program
would create an imminent risk to public health or harm to others.

(b) A temporary suspension order prohibiting the education program from providing
emergency medical care training shall give notice of the right to a preliminary hearing
according to paragraph (d) and shall state the reasons for the entry of the temporary
suspension order.

(c) Service of a temporary suspension order is effective when the order is served on the
education program personally or by certified mail, which is complete upon receipt, refusal,
or return for nondelivery to the most recent address provided to the deleted text begin board deleted text end new text begin director new text end for the
education program.

(d) At the time the deleted text begin board deleted text end new text begin director new text end issues a temporary suspension order, the deleted text begin board deleted text end new text begin director new text end
shall schedule a hearing deleted text begin , to be held before a group of its members designated by the board, deleted text end
that shall begin within 60 days after issuance of the temporary suspension order or within
15 working days of the date of the deleted text begin board's deleted text end new text begin director's new text end receipt of a request for a hearing from
the education program, whichever is sooner. The hearing shall be on the sole issue of whether
there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing
under this paragraph is not subject to chapter 14.

(e) Evidence presented by the deleted text begin board deleted text end new text begin director new text end or the individual may be in the form of an
affidavit. The education program or counsel of record may appear for oral argument.

(f) Within five working days of the hearing, the deleted text begin board deleted text end new text begin director new text end shall issue its order and,
if the suspension is continued, notify the education program of the right to a contested case
hearing under chapter 14.

(g) If an education program requests a contested case hearing within 30 days of receiving
notice under paragraph (f), the deleted text begin board deleted text end new text begin director new text end shall initiate a contested case hearing according
to chapter 14. The administrative law judge shall issue a report and recommendation within
30 days after the closing of the contested case hearing record. The deleted text begin board deleted text end new text begin director new text end shall issue
a final order within 30 days after receipt of the administrative law judge's report.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 17.

Minnesota Statutes 2022, section 144E.287, is amended to read:

144E.287 DIVERSION PROGRAM.

The deleted text begin board deleted text end new text begin director new text end shall either conduct a health professionals deleted text begin service deleted text end new text begin services new text end program
deleted text begin under sections 214.31 to 214.37 deleted text end or contract for a diversion program deleted text begin under section 214.28 deleted text end
for professionals regulated deleted text begin by the board deleted text end new text begin under this chapter new text end who are unable to perform their
duties with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals,
or any other materials, or as a result of any mental, physical, or psychological condition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 18.

Minnesota Statutes 2022, section 144E.305, subdivision 3, is amended to read:

Subd. 3.

Immunity.

(a) An individual, licensee, health care facility, business, or
organization is immune from civil liability or criminal prosecution for submitting in good
faith a report to the deleted text begin board deleted text end new text begin director new text end under subdivision 1 or 2 or for otherwise reporting in
good faith to the deleted text begin board deleted text end new text begin director new text end violations or alleged violations of sections 144E.001 to
144E.33. Reports are classified as confidential data on individuals or protected nonpublic
data under section 13.02 while an investigation is active. Except for the deleted text begin board's deleted text end new text begin director's
new text end final determination, all communications or information received by or disclosed to the deleted text begin board deleted text end
new text begin director new text end relating to disciplinary matters of any person or entity subject to the deleted text begin board's deleted text end new text begin director's
new text end regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be
closed to the public.

(b) deleted text begin Members of the board deleted text end new text begin The director new text end , persons employed by the deleted text begin board deleted text end new text begin director new text end , persons
engaged in the investigation of violations and in the preparation and management of charges
of violations of sections 144E.001 to 144E.33 on behalf of the deleted text begin board deleted text end new text begin director new text end , and persons
participating in the investigation regarding charges of violations are immune from civil
liability and criminal prosecution for any actions, transactions, or publications, made in
good faith, in the execution of, or relating to, their duties under sections 144E.001 to 144E.33.

deleted text begin (c) For purposes of this section, a member of the board is considered a state employee
under section 3.736, subdivision 9.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 19. new text begin INITIAL MEMBERS AND FIRST MEETING; EMERGENCY MEDICAL
SERVICES ADVISORY COUNCIL.
new text end

new text begin (a) Initial appointments of members to the Emergency Medical Services Advisory
Council must be made by January 1, 2025. The terms of initial appointees shall be determined
by lot by the secretary of state and shall be as follows:
new text end

new text begin (1) eight members shall serve two-year terms; and
new text end

new text begin (2) eight members shall serve three-year terms.
new text end

new text begin (b) The medical director appointee must convene the first meeting of the Emergency
Medical Services Advisory Council by February 1, 2025.
new text end

Sec. 20. new text begin INITIAL MEMBERS AND FIRST MEETING; EMERGENCY MEDICAL
SERVICES PHYSICIAN ADVISORY COUNCIL.
new text end

new text begin (a) Initial appointments of members to the Emergency Medical Services Physician
Advisory Council must be made by January 1, 2025. The terms of initial appointees shall
be determined by lot by the secretary of state and shall be as follows:
new text end

new text begin (1) five members shall serve two-year terms;
new text end

new text begin (2) five members shall serve three-year terms; and
new text end

new text begin (3) the term for the medical director appointee to the Emergency Medical Services
Physician Advisory Council shall coincide with that member's term on the Emergency
Medical Services Advisory Council.
new text end

new text begin (b) The medical director appointee must convene the first meeting of the Emergency
Medical Services Physician Advisory Council by February 1, 2025.
new text end

Sec. 21. new text begin INITIAL MEMBERS AND FIRST MEETING; LABOR AND EMERGENCY
MEDICAL SERVICE PROVIDERS ADVISORY COUNCIL.
new text end

new text begin (a) Initial appointments of members to the Labor and Emergency Medical Service
Providers Advisory Council must be made by January 1, 2025. The terms of initial appointees
shall be determined by lot by the secretary of state and shall be as follows:
new text end

new text begin (1) six members shall serve two-year terms; and
new text end

new text begin (2) seven members shall serve three-year terms.
new text end

new text begin (b) The emergency medical technician instructor appointee must convene the first meeting
of the Labor and Emergency Medical Service Providers Advisory Council by February 1,
2025.
new text end

Sec. 22. new text begin TRANSITION.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment of director; operation of office. new text end

new text begin No later than October
1, 2024, the governor shall appoint a director-designee of the Office of Emergency Medical
Services. The individual appointed as the director-designee of the Office of Emergency
Medical Services shall become the governor's appointee as director of the Office of
Emergency Medical Services on January 1, 2025. Effective January 1, 2025, the
responsibilities to regulate emergency medical services in the state under Minnesota Statutes,
chapter 144E, and Minnesota Rules, chapter 4690, are transferred from the Emergency
Medical Services Regulatory Board to the Office of Emergency Medical Services and the
director of the Office of Emergency Medical Services.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of responsibilities. new text end

new text begin Minnesota Statutes, section 15.039, applies to
the transfer of responsibilities from the Emergency Medical Services Regulatory Board to
the Office of Emergency Medical Services required by this act. The commissioner of
administration, with the approval of the governor, may issue reorganization orders under
Minnesota Statutes, section 16B.37, as necessary to carry out the transfer of responsibilities
required by this act. The provision of Minnesota Statutes, section 16B.37, subdivision 1,
which states that transfers under that section may be made only to an agency that has been
in existence for at least one year, does not apply to transfers in this act to the Office of
Emergency Medical Services.
new text end

Sec. 23. new text begin APPROPRIATION.
new text end

new text begin (a) $6,000,000 in fiscal year 2025 is appropriated from the general fund to the Emergency
Medical Services Regulatory Board for the alternative EMS response model pilot program
in Minnesota Statutes, section 144E.105.
new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2026.
new text end

Sec. 24. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, chapter 144E, the revisor of statutes shall replace "board"
with "director"; "board's" with "director's"; "Emergency Medical Services Regulatory Board"
or "Minnesota Emergency Medical Services Regulatory Board" with "director"; and
"board-approved" with "director-approved," except that:
new text end

new text begin (1) in Minnesota Statutes, section 144E.11, the revisor of statutes shall not modify the
term "county board," "community health board," or "community health boards";
new text end

new text begin (2) in Minnesota Statutes, sections 144E.40, subdivision 2; 144E.42, subdivision 2;
144E.44; and 144E.45, subdivision 2, the revisor of statutes shall not modify the term "State
Board of Investment"; and
new text end

new text begin (3) in Minnesota Statutes, sections 144E.50 and 144E.52, the revisor of statutes shall
not modify the term "regional emergency medical services board," "regional board," "regional
emergency medical services board's," or "regional boards."
new text end

new text begin (b) In the following sections of Minnesota Statutes, the revisor of statutes shall replace
"Emergency Medical Services Regulatory Board" with "director of the Office of Emergency
Medical Services": sections 13.717, subdivision 10; 62J.49, subdivision 2; 144.604; 144.608;
147.09; 156.12, subdivision 2; 169.686, subdivision 3; and 299A.41, subdivision 4.
new text end

new text begin (c) In the following sections of Minnesota Statutes, the revisor of statutes shall replace
"Emergency Medical Services Regulatory Board" with "Office of Emergency Medical
Services": sections 144.603 and 161.045, subdivision 3.
new text end

new text begin (d) In making the changes specified in this section, the revisor of statutes may make
technical and other necessary changes to sentence structure to preserve the meaning of the
text.
new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123,
subdivision 5; and 144E.50, subdivision 3, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2023 Supplement, section 15A.0815, subdivision 2, is
amended to read:

Subd. 2.

Agency head salaries.

The salary for a position listed in this subdivision shall
be determined by the Compensation Council under section 15A.082. The commissioner of
management and budget must publish the salaries on the department's website. This
subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of children, youth, and families;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Minnesota IT Services;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation;

Commissioner of veterans affairs;

Executive director of the Gambling Control Board;

Executive director of the Minnesota State Lottery;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for mental health and developmental disabilities;

Ombudsperson for corrections;

Chair, Metropolitan Council;

Chair, Metropolitan Airports Commission;

School trust lands director;

Executive director of pari-mutuel racing; deleted text begin and
deleted text end

Commissioner, Public Utilities Commission deleted text begin . deleted text end new text begin ; and
new text end

new text begin Director of the Office of Emergency Medical Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 43A.08, subdivision 1a, is amended
to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Children, Youth, and Families; Commerce;
Corrections; Direct Care and Treatment; Education; Employment and Economic
Development; Explore Minnesota Tourism; Management and Budget; Health; Human
Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Department of Information Technology Services; the Offices of the Attorney General,
Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the
Minnesota Office of Higher Education; the Perpich Center for Arts Education; deleted text begin and deleted text end the
Minnesota Zoological Board new text begin ; and the Office of Emergency Medical Services new text end .

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

Minnesota Statutes 2022, section 62J.49, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The new text begin director of the Office of new text end Emergency Medical Services
deleted text begin Regulatory Board deleted text end established under chapter deleted text begin 144 deleted text end new text begin 144E new text end shall establish a financial data
collection system for all ambulance services licensed in this state. To establish the financial
database, the deleted text begin Emergency Medical Services Regulatory Board deleted text end new text begin director new text end may contract with
an entity that has experience in ambulance service financial data collection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 152.126, subdivision 6, is amended
to read:

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:

(i) prescribing or considering prescribing any controlled substance;

(ii) providing emergency medical treatment for which access to the data may be necessary;

(iii) providing care, and the prescriber has reason to believe, based on clinically valid
indications, that the patient is potentially abusing a controlled substance; or

(iv) providing other medical treatment for which access to the data may be necessary
for a clinically valid purpose and the patient has consented to access to the submitted data,
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) a licensed dispensing practitioner or licensed pharmacist to the extent necessary to
determine whether corrections made to the data reported under subdivision 4 are accurate;

(4) a licensed pharmacist who is providing pharmaceutical care for which access to the
data may be necessary to the extent that the information relates specifically to a current
patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has
consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber
who is requesting data in accordance with clause (1);

(5) 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. For purposes of this clause, access by individuals includes persons in the
definition of an individual under section 13.02;

(6) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2, or of the new text begin Office of new text end Emergency Medical Services deleted text begin Regulatory Board deleted text end , assigned
to conduct a bona fide investigation of a complaint received by that board new text begin or office new text end that
alleges that a specific licensee is impaired by use of a drug for which data is collected under
subdivision 4, has engaged in activity that would constitute a crime as defined in section
152.025, or has engaged in the behavior specified in subdivision 5, paragraph (a);

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

(8) authorized personnel under contract with the board, or under contract with the state
of Minnesota and approved by the board, who are engaged in the design, evaluation,
implementation, operation, or maintenance of the prescription monitoring program 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,
and subject to the requirement of de-identification and time limit on retention of data specified
in subdivision 5, paragraphs (d) and (e);

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

(10) personnel of the Minnesota health care programs assigned to use the data collected
under this section to identify and manage recipients whose usage of controlled substances
may warrant restriction to a single primary care provider, a single outpatient pharmacy, and
a single hospital;

(11) personnel of the Department of Human Services assigned to access the data pursuant
to paragraph (k);

(12) 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 deleted text begin or the Emergency Medical Services Regulatory
Board deleted text end , except as permitted under section 214.33, subdivision 3;

(13) personnel or designees of a health-related licensing board other than the Board of
Pharmacy listed in section 214.01, subdivision 2, assigned to conduct a bona fide
investigation of a complaint received by that board that alleges that a specific licensee is
inappropriately prescribing controlled substances as defined in this section. For the purposes
of this clause, the health-related licensing board may also obtain utilization data; and

(14) personnel of the board specifically assigned to conduct a bona fide investigation
of a specific licensee or registrant. For the purposes of this clause, the board may also obtain
utilization data.

(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed
in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe
controlled substances for humans and who holds a current registration issued by the federal
Drug Enforcement Administration, and every pharmacist licensed by the board and practicing
within the state, shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during the registration
application process, other than their name, license number, and license type, is classified
as private pursuant to section 13.02, subdivision 12.

(d) Notwithstanding paragraph (b), beginning January 1, 2021, a prescriber or an agent
or employee of the prescriber to whom the prescriber has delegated the task of accessing
the data, must access the data submitted under subdivision 4 to the extent the information
relates specifically to the patient:

(1) before the prescriber issues an initial prescription order for a Schedules II through
IV opiate controlled substance to the patient; and

(2) at least once every three months for patients receiving an opiate for treatment of
chronic pain or participating in medically assisted treatment for an opioid addiction.

(e) Paragraph (d) does not apply if:

(1) the patient is receiving palliative care, or hospice or other end-of-life care;

(2) the patient is being treated for pain due to cancer or the treatment of cancer;

(3) the prescription order is for a number of doses that is intended to last the patient five
days or less and is not subject to a refill;

(4) the prescriber and patient have a current or ongoing provider/patient relationship of
a duration longer than one year;

(5) the prescription order is issued within 14 days following surgery or three days
following oral surgery or follows the prescribing protocols established under the opioid
prescribing improvement program under section 256B.0638;

(6) the controlled substance is prescribed or administered to a patient who is admitted
to an inpatient hospital;

(7) the controlled substance is lawfully administered by injection, ingestion, or any other
means to the patient by the prescriber, a pharmacist, or by the patient at the direction of a
prescriber and in the presence of the prescriber or pharmacist;

(8) due to a medical emergency, it is not possible for the prescriber to review the data
before the prescriber issues the prescription order for the patient; or

(9) the prescriber is unable to access the data due to operational or other technological
failure of the program so long as the prescriber reports the failure to the board.

(f) Only permissible users identified in paragraph (b), clauses (1), (2), (3), (4), (7), (8),
(10), and (11), may directly access the data electronically. No other permissible users may
directly access the data electronically. If the data is directly accessed electronically, the
permissible user 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.

(g) The board shall not release data submitted under subdivision 4 unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is entitled
to receive the data.

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

(i) 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.

(j) The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section, and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.

(k) 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, section
2.34, paragraph (c), prior to implementing this paragraph.

(l) The board shall review the data submitted under subdivision 4 on at least a quarterly
basis and shall establish criteria, in consultation with the advisory task force, for referring
information about a patient to prescribers and dispensers who prescribed or dispensed the
prescriptions in question if the criteria are met.

(m) The board shall conduct random audits, on at least a quarterly basis, of electronic
access by permissible users, as identified in paragraph (b), clauses (1), (2), (3), (4), (7), (8),
(10), and (11), to the data in subdivision 4, to ensure compliance with permissible use as
defined in this section. A permissible user whose account has been selected for a random
audit shall respond to an inquiry by the board, no later than 30 days after receipt of notice
that an audit is being conducted. Failure to respond may result in deactivation of access to
the electronic system and referral to the appropriate health licensing board, or the
commissioner of human services, for further action. The board shall report the results of
random audits to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services policy and finance and government data
practices.

(n) A permissible user who has delegated the task of accessing the data in subdivision
4 to an agent or employee shall audit the use of the electronic system by delegated agents
or employees on at least a quarterly basis to ensure compliance with permissible use as
defined in this section. When a delegated agent or employee has been identified as
inappropriately accessing data, the permissible user must immediately remove access for
that individual and notify the board within seven days. The board shall notify all permissible
users associated with the delegated agent or employee of the alleged violation.

(o) A permissible user who delegates access to the data submitted under subdivision 4
to an agent or employee shall terminate that individual's access to the data within three
business days of the agent or employee leaving employment with the permissible user. The
board may conduct random audits to determine compliance with this requirement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 5.

Minnesota Statutes 2022, section 214.025, is amended to read:

214.025 COUNCIL OF HEALTH BOARDS.

The health-related licensing boards may establish a Council of Health Boards consisting
of representatives of the health-related licensing boards deleted text begin and the Emergency Medical Services
Regulatory Board deleted text end . When reviewing legislation or legislative proposals relating to the
regulation of health occupations, the council shall include the commissioner of health or a
designee new text begin and the director of the Office of Emergency Medical Services or a designee new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 6.

Minnesota Statutes 2022, section 214.04, subdivision 2a, is amended to read:

Subd. 2a.

Performance of executive directors.

The governor may request that a
health-related licensing board deleted text begin or the Emergency Medical Services Regulatory Board deleted text end review
the performance of the board's executive director. Upon receipt of the request, the board
must respond by establishing a performance improvement plan or taking disciplinary or
other corrective action, including dismissal. The board shall include the governor's
representative as a voting member of the board in the board's discussions and decisions
regarding the governor's request. The board shall report to the governor on action taken by
the board, including an explanation if no action is deemed necessary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, section 214.29, is amended to read:

214.29 PROGRAM REQUIRED.

Each health-related licensing board deleted text begin , including the Emergency Medical Services
Regulatory Board under chapter 144E, deleted text end shall either conduct a health professionals service
program under sections 214.31 to 214.37 or contract for a diversion program under section
214.28.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2022, section 214.31, is amended to read:

214.31 AUTHORITY.

Two or more of the health-related licensing boards listed in section 214.01, subdivision
2, may jointly conduct a health professionals services program to protect the public from
persons regulated by the boards who are unable to practice with reasonable skill and safety
by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result
of any mental, physical, or psychological condition. The program does not affect a board's
authority to discipline violations of a board's practice act. deleted text begin For purposes of sections 214.31
to 214.37, the emergency medical services regulatory board shall be included in the definition
of a health-related licensing board under chapter 144E.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 9.

Minnesota Statutes 2022, section 214.355, is amended to read:

214.355 GROUNDS FOR DISCIPLINARY ACTION.

Each health-related licensing board deleted text begin , including the Emergency Medical Services
Regulatory Board under chapter 144E, deleted text end shall consider it grounds for disciplinary action if a
regulated person violates the terms of the health professionals services program participation
agreement or leaves the program except upon fulfilling the terms for successful completion
of the program as set forth in the participation agreement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

APPENDIX

Repealed Minnesota Statutes: H4738-3

144E.001 DEFINITIONS.

Subd. 5.

Board.

"Board" means the Emergency Medical Services Regulatory Board.

144E.01 EMERGENCY MEDICAL SERVICES REGULATORY BOARD.

Subdivision 1.

Membership.

(a) The Emergency Medical Services Regulatory Board consists of the following members, all of whom must work in Minnesota, except for the person listed in clause (14):

(1) an emergency physician certified by the American Board of Emergency Physicians;

(2) a representative of Minnesota hospitals;

(3) a representative of fire chiefs;

(4) a full-time firefighter who serves as an emergency medical responder on or within a nontransporting or nonregistered agency and who is a member of a professional firefighter's union;

(5) a volunteer firefighter who serves as an emergency medical responder on or within a nontransporting or nonregistered agency;

(6) an attendant currently practicing on a licensed ambulance service who is a paramedic or an emergency medical technician;

(7) an ambulance director for a licensed ambulance service;

(8) a representative of sheriffs;

(9) a member of a community health board to represent community health services;

(10) two representatives of regional emergency medical services programs, one of whom must be from the metropolitan regional emergency medical services program;

(11) a registered nurse currently practicing in a hospital emergency department;

(12) a pediatrician, certified by the American Board of Pediatrics, with experience in emergency medical services;

(13) a family practice physician who is currently involved in emergency medical services;

(14) a public member who resides in Minnesota; and

(15) the commissioners of health and public safety or their designees.

(b) The governor shall appoint members under paragraph (a). Appointments under paragraph (a), clauses (1) to (9) and (11) to (13), are subject to the advice and consent of the senate. In making appointments under paragraph (a), clauses (1) to (9) and (11) to (13), the governor shall consider recommendations of the American College of Emergency Physicians, the Minnesota Hospital Association, the Minnesota and State Fire Chief's Association, the Minnesota Ambulance Association, the Minnesota Emergency Medical Services Association, the Minnesota State Sheriff's Association, the Association of Minnesota Counties, the Minnesota Nurses Association, and the Minnesota chapter of the Academy of Pediatrics.

(c) At least seven members appointed under paragraph (a) must reside outside of the seven-county metropolitan area, as defined in section 473.121.

Subd. 2.

Ex officio members.

The speaker of the house and the Committee on Rules and Administration of the senate shall appoint one representative and one senator to serve as ex officio, nonvoting members.

Subd. 3.

Chair.

The governor shall designate one of the members appointed under subdivision 1 as chair of the board.

Subd. 4.

Compensation; terms.

Membership terms, compensation, and removal of members appointed under subdivision 1, are governed by section 15.0575.

Subd. 5.

Staff.

The board shall appoint an executive director who shall serve in the unclassified service and may appoint other staff. The service of the executive director shall be subject to the terms described in section 214.04, subdivision 2a.

Subd. 6.

Duties of board.

(a) The Emergency Medical Services Regulatory Board shall:

(1) administer and enforce the provisions of this chapter and other duties as assigned to the board;

(2) advise applicants for state or federal emergency medical services funds, review and comment on such applications, and approve the use of such funds unless otherwise required by federal law;

(3) make recommendations to the legislature on improving the access, delivery, and effectiveness of the state's emergency medical services delivery system; and

(4) establish procedures for investigating, hearing, and resolving complaints against emergency medical services providers.

(b) The Emergency Medical Services Board may prepare an initial work plan, which may be updated biennially. The work plan may include provisions to:

(1) prepare an emergency medical services assessment which addresses issues affecting the statewide delivery system;

(2) establish a statewide public information and education system regarding emergency medical services;

(3) create, in conjunction with the Department of Public Safety, a statewide injury and trauma prevention program; and

(4) designate an annual emergency medical services personnel recognition day.

Subd. 7.

Conflict of interest.

No member of the Emergency Medical Services Board may participate or vote in board proceedings in which the member has a direct conflict of interest, financial or otherwise.

144E.123 PREHOSPITAL CARE DATA.

Subd. 5.

Working group.

By October 1, 2011, the board must convene a working group composed of six members, three of which must be appointed by the board and three of which must be appointed by the Minnesota Ambulance Association, to redesign the board's policies related to collection of data from licenses. The issues to be considered include, but are not limited to, the following: user-friendly reporting requirements; data sets; improved accuracy of reported information; appropriate use of information gathered through the reporting system; and methods for minimizing the financial impact of data reporting on licenses, particularly for rural volunteer services. The working group must report its findings and recommendations to the board no later than July 1, 2012.

144E.50 EMERGENCY MEDICAL SERVICES FUND.

Subd. 3.

Definition.

For purposes of this section, "board" means the Emergency Medical Services Regulatory Board.