1.1 	A bill for an act
1.2 	relating to higher education; classifying data; amending postsecondary education 
1.3 	provisions; setting deadlines; allowing certain advertising; establishing 
1.4 	the Minnesota P-20 education partnership; regulating course equivalency 
1.5 	guides; requiring notice to prospective students; requiring lists of enrolled 
1.6 	students; amending Minnesota Office of Higher Education responsibilities; 
1.7 	establishing programs; defining terms; regulating grants, scholarships, and 
1.8 	work-study; requiring an annual certificate; regulating certain board membership 
1.9 	provisions; requiring job placement impact reviews; regulating oral health 
1.10 	care practitioner provisions; establishing fees; providing criminal penalties; 
1.11 	requiring reports; appropriating money;amending Minnesota Statutes 2008, 
1.12 	sections 13.3215; 124D.09, subdivision 9; 135A.08, subdivision 1; 135A.17, 
1.13 	subdivision 2; 135A.25, subdivision 4; 136A.08, subdivision 1, by adding a 
1.14 	subdivision; 136A.101, subdivision 5a; 136A.121, by adding subdivisions; 
1.15 	136A.127, subdivisions 2, 4, 9, 10, 12, 14, by adding a subdivision; 136A.1701, 
1.16 	subdivision 10; 136A.87; 136F.02, subdivision 1; 136F.03, subdivision 4; 
1.17 	136F.04, subdivision 4; 136F.045; 136F.19, subdivision 1; 136F.31; 137.0245, 
1.18 	subdivision 2; 137.0246, subdivision 2; 137.025, subdivision 1; 150A.01, by 
1.19 	adding subdivisions; 150A.05, subdivision 2, by adding subdivisions; 150A.06, 
1.20 	subdivisions 2d, 5, 6, by adding subdivisions; 150A.08, subdivisions 1, 3a, 5; 
1.21 	150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 8, 10; 150A.10, 
1.22 	subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12; 150A.21, subdivisions 
1.23 	1, 4; 151.01, subdivision 23; 151.37, subdivision 2; 201.061, subdivision 3; 
1.24 	299A.45, subdivision 1; Laws 2007, chapter 144, article 1, section 4, subdivision 
1.25 	3; proposing coding for new law in Minnesota Statutes, chapters 127A; 135A; 
1.26 	136A; 136F; 150A; repealing Minnesota Statutes 2008, sections 136A.127, 
1.27 	subdivisions 8, 13; 150A.061.
1.28 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.29 	ARTICLE 1
1.30 	HIGHER EDUCATION APPROPRIATIONS

1.31	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
1.32 		Subdivision 1.Summary By Fund. The amounts shown in this subdivision 
1.33 	summarize direct appropriations, by fund, made in this article.

2.1	SUMMARY BY FUND
	
2.2			2010
		2011
		Total
	
2.3	General
	$
	1,439,812,000
	$
	1,496,072,000
	$
	 2,935,884,000
	
2.4	Health Care Access
		2,157,000
		2,157,000
		4,314,000
	
2.5	Federal
		117,725,000
		0
		117,725,000
	
2.6
2.7	State Government Special 
Revenue
		93,000
		17,000
		110,000
	
2.8	Total
	$
	 1,559,787,000
	$
	 1,498,246,000
	$
	3,058,033,000
	
2.9 		Subd. 2.Summary By Agency - All Funds. The amounts shown in this subdivision 
2.10 	summarize direct appropriations, by agency, made in this article.

2.11	SUMMARY BY AGENCY - ALL FUNDS
	
2.12			2010
		2011
		Total
	
2.13
2.14	Minnesota Office of Higher 
Education
	$
	191,224,000
	$
	190,083,000
	$
	381,307,000
	
2.15	Mayo Medical Foundation
		1,209,000
		1,256,000
		2,465,000
	
2.16
2.17
2.18	Board of Trustees of the 
Minnesota State Colleges and 
Universities
		675,424,000
		644,038,000
		1,319,462,000
	
2.19
2.20	Board of Regents of the 
University of Minnesota
		691,837,000
		662,852,000
		1,354,689,000
	
2.21	Board of Dentistry
		93,000
		17,000
		110,000
	
2.22	Total
	$
	 1,559,787,000
	$
	 1,498,246,000
	$
	3,058,033,000

2.23	Sec. 2. HIGHER EDUCATION APPROPRIATIONS.
 	
2.24 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.25 	agencies and for the purposes specified in this article. The appropriations are from the 
2.26 	general fund, or another named fund, and are available for the fiscal years indicated 
2.27 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
2.28 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
2.29 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
2.30 	year 2011. "The biennium" is fiscal years 2010 and 2011.

2.31				APPROPRIATIONS
	
2.32				Available for the Year
	
2.33				Ending June 30
	
2.34					2010
		2011

2.35
2.36	Sec. 3. MINNESOTA OFFICE OF HIGHER 
EDUCATION

2.37	Subdivision 1.Total Appropriation
 	$
	 191,224,000
	$
	190,083,000
	
3.1 	The amounts that may be spent for each 
3.2 	purpose are specified in the following 
3.3 	subdivisions.

3.4	Subd. 2.State Grants
 		144,138,000
		144,138,000
	
3.5 	If the appropriation in this subdivision for 
3.6 	either year is insufficient, the appropriation 
3.7 	for the other year is available for it.
3.8 	For the biennium, the tuition maximum 
3.9 	is $11,038 in each year for students in 
3.10 	four-year programs, and $6,908 for students 
3.11 	in two-year programs.
3.12 	This appropriation sets the living and 
3.13 	miscellaneous expense allowance at $6,447 
3.14 	each year.
3.15 	Up to $75,000 of this appropriation may be 
3.16 	used to complete computer programming 
3.17 	changes necessary to implement new 
3.18 	Minnesota Statutes, section 136A.121, 
3.19 	subdivision 9b.
3.20 	Amounts in the state grant program under 
3.21 	Minnesota Statutes, section 136A.121, made 
3.22 	available for reallocation due to the increase 
3.23 	in the federal Pell grant program must 
3.24 	remain allocated to the state grant program to 
3.25 	provide additional resources to students.

3.26	Subd. 3.Safety Officers Survivors
 		100,000
		100,000
	
3.27 	This appropriation is to provide educational 
3.28 	benefits under Minnesota Statutes, section 
3.29 	299A.45, to eligible dependent children and 
3.30 	to the spouses of public safety officers killed 
3.31 	in the line of duty.
3.32 	If the appropriation in this subdivision for 
3.33 	either year is insufficient, the appropriation 
3.34 	for the other year is available for it.

4.1	Subd. 4.Child Care Grants
 		6,184,000
		6,184,000

4.2	Subd. 5.State Work-Study
 		12,444,000
		12,444,000

4.3	Subd. 6.Achieve Scholarship Program
 		8,643,000
		7,486,000
	
4.4 	(1) For scholarships under Minnesota 
4.5 	Statutes, section 136A.127. 
4.6 	(2) This appropriation includes $4,000,000 
4.7 	that must be used in the 2010-2011 biennium 
4.8 	for advising and counseling grants, to support 
4.9 	access to rigorous high school courses and 
4.10 	college attendance programs. This includes, 
4.11 	but is not limited to, college in the schools 
4.12 	and postsecondary enrollment options, 
4.13 	grants under the Intervention for College 
4.14 	Attendance Program, additional funding for 
4.15 	the Get Ready Program or local recipients of 
4.16 	federal TRIO program money, local college 
4.17 	access programs, and to increase support 
4.18 	for schools and school districts to improve 
4.19 	high school counseling. This is a onetime 
4.20 	appropriation.
4.21 	(3) To provide continuity in program services 
4.22 	and facilitate data collection that measures 
4.23 	Advising and Counseling College Program 
4.24 	outcomes, the director must, in selecting 
4.25 	grant recipients for the 2010-2011 biennium, 
4.26 	give priority to 2008-2009 grantees that 
4.27 	provide up-to-date annual outcome data 
4.28 	on services provided, students served, and 
4.29 	other information requested by the director. 
4.30 	Projects whose funding is renewed, must:
4.31 	(i) retain an emphasis on beginning early in a 
4.32 	student's time in school to prepare students 
4.33 	for academic success in college; and
5.1 	(ii) use objective measures to report on the 
5.2 	project's impacts on student achievement, 
5.3 	student enrollment in rigorous courses, 
5.4 	high school attendance and success in 
5.5 	postsecondary education, and college 
5.6 	counseling effectiveness.
5.7 	The base funding for this program is 
5.8 	$9,544,000 in fiscal year 2012 and 
5.9 	$11,845,000 in fiscal year 2013.

5.10	Subd. 7.Indian Scholarships
 		1,875,000
		1,875,000
	
5.11 	The director must contract with at least one 
5.12 	person with demonstrated competence in 
5.13 	American Indian culture and residing in or 
5.14 	near the city of Bemidji to assist students 
5.15 	with the scholarships under Minnesota 
5.16 	Statutes, section 136A.126, and with other 
5.17 	information about financial aid for which 
5.18 	the students may be eligible. Bemidji State 
5.19 	University must provide office space at 
5.20 	no cost to the Minnesota Office of Higher 
5.21 	Education for purposes of administering the 
5.22 	American Indian scholarship program under 
5.23 	Minnesota Statutes, section 136A.126.

5.24	Subd. 8.TEACH Program
 		250,000
		250,000
	
5.25 	For a grant under Minnesota Statutes, section 
5.26 	136A.128.

5.27
5.28	Subd. 9.Intervention for College Attendance 
Program Grants
 		 496,000
		496,000
	
5.29 	For grants under Minnesota Statutes, 
5.30 	section 136A.861. Up to $50,000 of this 
5.31 	appropriation each year may be used for 
5.32 	administrative expenses.
5.33 	To provide continuity in program services 
5.34 	and facilitate data collection that measures 
6.1 	Intervention for College Attendance 
6.2 	Program outcomes, the director must, in 
6.3 	selecting grant recipients for the 2010-2011 
6.4 	biennium, give priority to 2008-2009 
6.5 	grantees that provide up-to-date annual 
6.6 	program participation and outcome data 
6.7 	regarding their success in increasing high 
6.8 	school graduation, college participation, and 
6.9 	college graduation of students served by the 
6.10 	program; and other information requested 
6.11 	by the director. Projects whose funding is 
6.12 	renewed, must: 
6.13 	(1) retain an emphasis on enhancing 
6.14 	academic readiness for college attendance 
6.15 	and success in college for participants in 
6.16 	grades 6 to 12; or
6.17 	(2) if the program's participants are college 
6.18 	students, document that they are providing 
6.19 	academic support services to participants 
6.20 	that ensure success in college.
6.21 	Grantees must submit data to the director 
6.22 	about the number of students in the project's 
6.23 	service area that would be eligible for the 
6.24 	program, but are not being served and a plan 
6.25 	for providing services to those students.
6.26 	In the report under Minnesota Statutes, 
6.27 	section 136A.861, the office must make 
6.28 	recommendations on which aspects of the 
6.29 	programs and services delivered through 
6.30 	grants under Minnesota Statutes, section 
6.31 	136A.861, are most effective in improving 
6.32 	college readiness and/or retention and have 
6.33 	the potential to be expanded to provide 
6.34 	services to a regional or statewide population.

6.35	Subd. 10.Midwest Higher Education Compact
 		95,000
		95,000

7.1
7.2	Subd. 11.United Family Medicine Residency 
Program
 		418,000
		434,000
	
7.3 	For a grant to the United Family Medicine 
7.4 	residency program. This appropriation 
7.5 	shall be used to support up to 18 resident 
7.6 	physicians each year in family practice at 
7.7 	United Family Medicine residency programs 
7.8 	and shall prepare doctors to practice family 
7.9 	care medicine in underserved rural and 
7.10 	urban areas of the state. It is intended that 
7.11 	this program will improve health care in 
7.12 	underserved communities, provide affordable 
7.13 	access to appropriate medical care, and 
7.14 	manage the treatment of patients in a more 
7.15 	cost-effective manner.

7.16	Subd. 12.Interstate Tuition Reciprocity
 		2,750,000
		2,750,000
	
7.17 	If the appropriation in this subdivision for 
7.18 	either year is insufficient, the appropriation 
7.19 	for the other year is available to meet 
7.20 	reciprocity contract obligations.
7.21 	The base funding for this program is 
7.22 	$3,150,000 in fiscal year 2012 and 
7.23 	$3,250,000 in fiscal year 2013.

7.24	Subd. 13.Minnesota College Savings Plan
 		700,000
		700,000

7.25	Subd. 14.Learning Network of Minnesota
 		 4,535,000
		4,535,000

7.26	Subd. 15.MnLINK Gateway and Minitex
 		5,720,000
		5,720,000

7.27	Subd. 16.Other Programs
 		357,000
		357,000
	
7.28 	This appropriation includes $125,000 each 
7.29 	year for student and parent information, 
7.30 	$184,000 each year for the get ready outreach 
7.31 	program, and $48,000 each year for a 
7.32 	grant to the Minnesota Minority Education 
7.33 	Partnership.

8.1	Subd. 17.Agency Administration
 		2,519,000
		2,519,000
	
8.2 	This appropriation includes $100,000 each 
8.3 	year to administer the Achieve Scholarship 
8.4 	Program and $75,000 each year to administer 
8.5 	the Indian Scholarship Program.

8.6	Subd. 18.Balances Forward
 					
8.7 	A balance in the first year under this section 
8.8 	does not cancel, but is available for the 
8.9 	second year.

8.10	Subd. 19.Transfers
 					
8.11 	The Minnesota Office of Higher Education 
8.12 	may transfer unencumbered balances from 
8.13 	the appropriations in this section to the state 
8.14 	grant appropriation, the interstate tuition 
8.15 	reciprocity appropriation, the child care 
8.16 	grant appropriation, the Indian scholarship 
8.17 	appropriation, the state work-study 
8.18 	appropriation, the achieve scholarship 
8.19 	appropriation, the public safety officers' 
8.20 	survivors appropriation, and the Minnesota 
8.21 	college savings plan appropriation. Transfers 
8.22 	from the child care or state work-study 
8.23 	appropriations may only be made to the 
8.24 	extent there is a projected surplus in the 
8.25 	appropriation. A transfer may be made 
8.26 	only with prior written notice to the chairs 
8.27 	of the senate and house of representatives 
8.28 	committees with jurisdiction over higher 
8.29 	education finance.

8.30	Subd. 20.TANF Work-Study
 					
8.31 	Notwithstanding any rule to the contrary, 
8.32 	work-study jobs funded by a TANF 
8.33 	appropriation do not require employer 
8.34 	matching funds.

9.1
9.2
9.3	Sec. 4. BOARD OF TRUSTEES OF THE 
MINNESOTA STATE COLLEGES AND 
UNIVERSITIES

9.4	Subdivision 1.Total Appropriation
 	$
	675,424,000
	$
	644,038,000

9.5	Appropriations by Fund
	
9.6		2010
	2011
	
9.7	General
	615,362,000
	644,038,000
	
9.8	Federal
	60,062,000
	0
	
9.9 	The amounts that may be spent for each 
9.10 	purpose are specified in the following 
9.11 	subdivisions.

9.12	Subd. 2.General Appropriation
 		615,362,000
		644,038,000
	
9.13 	(1) This appropriation includes funding for 
9.14 	operation and maintenance of the system.
9.15 	(2) This appropriation includes funding 
9.16 	to eliminate nonresident undergraduate 
9.17 	tuition at Century College, St. Paul College, 
9.18 	Minneapolis Community and Technical 
9.19 	College, Rochester Community and 
9.20 	Technical College, Inver Hills Community 
9.21 	College, St. Cloud Technical College, 
9.22 	Normandale Community College, North 
9.23 	Hennepin Community College, Alexandria 
9.24 	Technical College, Anoka Technical College, 
9.25 	and Hennepin Technical College. The Board 
9.26 	of Trustees must not implement a nonresident 
9.27 	undergraduate tuition rate at a community 
9.28 	college, technical college, or consolidated 
9.29 	community and technical college that did not 
9.30 	have such a rate on May 1, 2007.
9.31 	(3) This appropriation includes $100,000 for 
9.32 	Minnesota State University, Mankato, for 
9.33 	development and delivery of an educational 
9.34 	program for the International Renewable 
10.1 	Energy Technology Institute. This is a 
10.2 	onetime appropriation.
10.3 	(4) The Chancellor of the Minnesota State 
10.4 	Colleges and Universities must review the 
10.5 	following institutional priority allocations to 
10.6 	determine whether the priority allocations 
10.7 	are important to advancing the educational 
10.8 	mission and priorities of the system:
10.9 	(i) centers of excellence;
10.10 	(ii) competitive salaries;
10.11 	(iii) community energy pilots; and
10.12 	(iv) economic development e-folio upgrade.
10.13 	The chancellor must make recommendations, 
10.14 	by February 1, 2010, to the Board of Trustees 
10.15 	concerning the priority allocations. If the 
10.16 	board determines that a priority allocation is 
10.17 	not important to advancing the educational 
10.18 	mission and priorities of the system, then the 
10.19 	board may discontinue a priority allocation 
10.20 	and reallocate the funding.
10.21 	(5) The system base is $627,849,000 in fiscal 
10.22 	year 2012 and $627,849,000 in fiscal year 
10.23 	2013.

10.24
10.25	Subd. 3.American Recovery and Reinvestment 
Act of 2009
 		60,062,000
		0
	
10.26 	This appropriation is from the fiscal 
10.27 	stabilization account in the federal fund. 
10.28 	This appropriation must be allocated to 
10.29 	mitigate the need to raise tuition and 
10.30 	fees for Minnesota resident students. This 
10.31 	appropriation may be used for modernization, 
10.32 	renovation, or repair of facilities that are 
10.33 	primarily used for instruction, research, 
10.34 	or student housing but may not be used 
11.1 	for maintenance of systems, equipment, 
11.2 	or facilities. Amounts in this subdivision 
11.3 	must not be allocated to modernization, 
11.4 	renovation, or repair of stadiums or other 
11.5 	facilities primarily used for athletic contests 
11.6 	or exhibitions or other events for which 
11.7 	admission is charged to the general public 
11.8 	and must not be allocated to any facility 
11.9 	used for sectarian instruction or religious 
11.10 	worship or in which a substantial portion of 
11.11 	the functions of the facilities are subsumed 
11.12 	in a religious mission. No amount from this 
11.13 	appropriation can be allocated to increase 
11.14 	endowment funds.
11.15 	The Board of Trustees must consult with 
11.16 	the chairs of the legislative committees with 
11.17 	jurisdiction over higher education finance 
11.18 	and then submit a plan to the director of the 
11.19 	Minnesota Office of Higher Education and 
11.20 	the chairs of the legislative committees with 
11.21 	jurisdiction over higher education finance by 
11.22 	June 1, 2009. The plan must describe how 
11.23 	the board will allocate the appropriations 
11.24 	in this subdivision. The plan must describe 
11.25 	the amounts that will be allocated to 
11.26 	scholarships, grants, or other types of tuition 
11.27 	assistance for Minnesota resident students 
11.28 	and the effect of the allocations on the 
11.29 	amount of proposed tuition increases that 
11.30 	are mitigated. The plan must also describe 
11.31 	any amounts allocated to other education 
11.32 	and general purposes, and how the amounts 
11.33 	allocated to these purposes will mitigate the 
11.34 	need to raise tuition for Minnesota resident 
11.35 	students. The director must consult with the 
11.36 	chairs of the legislative committees with 
12.1 	jurisdiction over higher education finance 
12.2 	prior to approving the plan submitted by the 
12.3 	Board of Trustees. The director may require 
12.4 	the Board of Trustees to modify the plan. 
12.5 	The director must approve the plan by June 
12.6 	15, 2009. The Board of Trustees must not 
12.7 	implement the plan until the director has 
12.8 	approved the plan.
12.9 	An additional $15,578,000 is appropriated 
12.10 	from the fiscal stabilization account for fiscal 
12.11 	year 2009 and must be allocated according to 
12.12 	the requirements of this subdivision.

12.13 	EFFECTIVE DATE. Subdivision 3 is effective the day following final enactment.

12.14
12.15	Sec. 5. BOARD OF REGENTS OF THE 
UNIVERSITY OF MINNESOTA

12.16	Subdivision 1.Total Appropriation
 	$
	691,837,000
	$
	662,852,000

12.17	Appropriations by Fund
	
12.18		2010
	2011
	
12.19	General
	632,017,000
	660,695,000
	
12.20	Health Care Access
	2,157,000
	2,157,000
	
12.21	Federal
	57,663,000
	0
	
12.22 	The amounts that may be spent for each 
12.23 	purpose are specified in the following 
12.24 	subdivisions.

12.25	Subd. 2.Operations and Maintenance
 		559,469,000
		588,147,000
	
12.26 	This appropriation includes funding for 
12.27 	operation and maintenance of the system.
12.28 	The operations and maintenance base 
12.29 	is $572,580,000 in fiscal year 2012 and 
12.30 	$572,580,000 in fiscal year 2013.

12.31	Subd. 3.Primary Care Education Initiatives
 		2,157,000
		2,157,000
	
12.32 	This appropriation is from the health care 
12.33 	access fund.

13.1
13.2	Subd. 4.American Recovery and Reinvestment 
Act of 2009
 		57,663,000
		0
	
13.3 	This appropriation is from the fiscal 
13.4 	stabilization account in the federal fund. 
13.5 	This appropriation must be allocated to 
13.6 	mitigate the need to raise tuition and 
13.7 	fees for Minnesota resident students. This 
13.8 	appropriation may be used for modernization, 
13.9 	renovation, or repair of facilities that are 
13.10 	primarily used for instruction, research, 
13.11 	or student housing but may not be used 
13.12 	for maintenance of systems, equipment, 
13.13 	or facilities. Amounts in this subdivision 
13.14 	must not be allocated to modernization, 
13.15 	renovation, or repair of stadiums or other 
13.16 	facilities primarily used for athletic contests 
13.17 	or exhibitions or other events for which 
13.18 	admission is charged to the general public 
13.19 	and must not be allocated to any facility 
13.20 	used for sectarian instruction or religious 
13.21 	worship or in which a substantial portion of 
13.22 	the functions of the facilities are subsumed 
13.23 	in a religious mission. No amount from this 
13.24 	appropriation can be allocated to increase 
13.25 	endowment funds.
13.26 	The Board of Regents must consult with the 
13.27 	chairs of the legislative committees with 
13.28 	jurisdiction over higher education finance 
13.29 	and then submit a plan to the director of the 
13.30 	Minnesota Office of Higher Education and 
13.31 	the chairs of the legislative committees with 
13.32 	jurisdiction over higher education finance by 
13.33 	June 1, 2009. The plan must describe how 
13.34 	the board will allocate the appropriations 
13.35 	in this subdivision. The plan must describe 
13.36 	the amounts that will be allocated to 
14.1 	scholarships, grants, or other types of tuition 
14.2 	assistance for Minnesota resident students 
14.3 	and the effect of the allocations on the 
14.4 	amount of proposed tuition increases that 
14.5 	are mitigated. The plan must also describe 
14.6 	any amounts allocated to other education 
14.7 	and general purposes, and how the amounts 
14.8 	allocated to these purposes will mitigate the 
14.9 	need to raise tuition for Minnesota resident 
14.10 	students. The director must consult with the 
14.11 	chairs of the legislative committees with 
14.12 	jurisdiction over higher education finance 
14.13 	prior to approving the plan submitted by the 
14.14 	Board of Regents. The director may require 
14.15 	the Board of Regents to modify the plan. 
14.16 	The director must approve the plan by June 
14.17 	15, 2009. The Board of Regents must not 
14.18 	implement the plan until the director has 
14.19 	approved the plan.
14.20 	An additional $14,968,000 is appropriated 
14.21 	from the fiscal stabilization account for fiscal 
14.22 	year 2009 and must be allocated according to 
14.23 	the requirements of this subdivision.

14.24	Subd. 5.Special Appropriations

14.25	(a) Agriculture and Extension Service
		52,175,000
		52,175,000
	
14.26 	(1) For the Agricultural Experiment Station 
14.27 	and the Minnesota Extension Service. This 
14.28 	appropriation includes $1,500,000 each year 
14.29 	to promote alternative livestock research 
14.30 	and outreach, and for an ongoing organic 
14.31 	research and education program according to 
14.32 	clauses (2), (3), and (4).
14.33 	(2) This appropriation includes funding 
14.34 	for research efforts that demonstrate a 
14.35 	renewed emphasis on the needs of the state's 
15.1 	production agriculture community and a 
15.2 	continued focus on renewable energy derived 
15.3 	from Minnesota biomass resources including 
15.4 	agronomic crops, plant and animal wastes, 
15.5 	and native plants or trees, with priority for 
15.6 	extending the Minnesota vegetable growing 
15.7 	season; fertilizer and soil fertility research 
15.8 	and development; treating and curing human 
15.9 	diseases utilizing plant and livestock cells; 
15.10 	using biofuel production coproducts as 
15.11 	feed for livestock; and a rapid agricultural 
15.12 	response fund for current or emerging 
15.13 	animal, plant, and insect problems affecting 
15.14 	production or food safety. In addition, the 
15.15 	appropriation may be used to secure a facility 
15.16 	and retain current faculty levels for poultry 
15.17 	research currently conducted at UMore Park.
15.18 	(3) In the area of renewable energy, priority 
15.19 	should be given to projects pertaining to: 
15.20 	biofuel and other energy production from 
15.21 	small grains; alternative bioenergy crops and 
15.22 	cropping systems; and growing, harvesting, 
15.23 	and transporting biomass plant material.
15.24 	(4) This appropriation includes funding for 
15.25 	the college of food, agricultural, and natural 
15.26 	resources sciences to establish and maintain 
15.27 	a statewide organic research and education 
15.28 	initiative to provide leadership for organic 
15.29 	agronomic, horticultural, livestock, and food 
15.30 	systems research, education, and outreach 
15.31 	and for the purchase of state-of-the-art 
15.32 	laboratory, planting, tilling, harvesting, and 
15.33 	processing equipment necessary for this 
15.34 	project.
16.1 	(5) By February 1, 2011, the Board of Regents 
16.2 	must report to the legislative committees 
16.3 	with responsibility for agriculture and 
16.4 	higher education finance on the research and 
16.5 	initiatives under clauses (2), (3), and (4).

16.6	(b) Health Sciences
		5,251,000
		5,251,000
	
16.7 	$322,000 each year is to support up to 12 
16.8 	resident physicians in the St. Cloud Hospital 
16.9 	family practice residency program. The 
16.10 	program must prepare doctors to practice 
16.11 	primary care medicine in the rural areas of 
16.12 	the state. The legislature intends this program 
16.13 	to improve health care in rural communities, 
16.14 	provide affordable access to appropriate 
16.15 	medical care, and manage the treatment of 
16.16 	patients in a more cost-effective manner.
16.17 	The remainder of this appropriation is for 
16.18 	the rural physicians associates program, the 
16.19 	Veterinary Diagnostic Laboratory, health 
16.20 	sciences research, dental care, and the 
16.21 	Biomedical Engineering Center.

16.22	(c) Institute of Technology
		1,387,000
		1,387,000
	
16.23 	For the Geological Survey and the talented 
16.24 	youth mathematics program.

16.25	(d) System Special
		6,155,000
		6,155,000
	
16.26 	For general research, student loans matching 
16.27 	money, industrial relations education, Natural 
16.28 	Resources Research Institute, Center for 
16.29 	Urban and Regional Affairs, Bell Museum of 
16.30 	Natural History, and the Humphrey exhibit.

16.31
16.32	Subd. 6.University of Minnesota and Mayo 
Foundation Partnership
 		7,500,000
		7,500,000
	
16.33 	For the direct and indirect expenses of the 
16.34 	collaborative research partnership between 
17.1 	the University of Minnesota and the Mayo 
17.2 	Foundation for research in biotechnology 
17.3 	and medical genomics. An annual report 
17.4 	on the expenditure of this appropriation 
17.5 	must be submitted to the governor and the 
17.6 	chairs and ranking minority members of 
17.7 	the senate and house of representatives 
17.8 	committees responsible for higher education 
17.9 	and economic development by June 30 of 
17.10 	each fiscal year.
17.11 	If appropriations to the Board of Regents are 
17.12 	reduced under Minnesota Statutes, section 
17.13 	16A.152, all parties to the partnership and 
17.14 	the chairs of the legislative committees with 
17.15 	jurisdiction over higher education finance 
17.16 	must be consulted before the Board of 
17.17 	Regents reduces the amount spent under this 
17.18 	subdivision during the biennium ending June 
17.19 	30, 2011.

17.20	Subd. 7.Bovine Tuberculosis Research
 		80,000
		80,000

17.21	Subd. 8.Academic Health Center
 					
17.22 	The appropriation for Academic Health 
17.23 	Center funding under Minnesota Statutes, 
17.24 	section 297F.10, is $22,250,000 each year.

17.25	Subd. 9.Human Cloning Prohibited
 					
17.26 	(a) No appropriations under this section 
17.27 	may be used to directly or indirectly support 
17.28 	human cloning.
17.29 	(b) For purposes of this subdivision, the 
17.30 	following terms have the meanings given.
17.31 	(1) "Human cloning" means human asexual 
17.32 	reproduction accomplished by introducing 
17.33 	nuclear material from one or more human 
17.34 	somatic cells into a fertilized or unfertilized 
18.1 	oocyte whose nuclear material has been 
18.2 	removed or inactivated so as to produce a 
18.3 	living organism at any stage of development 
18.4 	that is genetically virtually identical to 
18.5 	an existing or previously existing human 
18.6 	organism.
18.7 	(2) "Somatic cell" means a diploid cell, 
18.8 	having a complete set of chromosomes, 
18.9 	obtained or derived from a living or deceased 
18.10 	human body at any stage of development.
18.11 	(c) Nothing in this subdivision shall restrict 
18.12 	areas of scientific research not specifically 
18.13 	prohibited by this section, including research 
18.14 	in the use of nuclear transfer of other cloning 
18.15 	techniques to produce molecules, DNA, cells 
18.16 	other than human embryos, tissues, organs, 
18.17 	plants, or animals other than humans.

18.18 	EFFECTIVE DATE. Subdivision 4 is effective the day following final enactment.

18.19	Sec. 6. MAYO MEDICAL FOUNDATION

18.20	Subdivision 1.Total Appropriation
 	$
	1,209,000
	$
	1,256,000
	
18.21 	The amounts that may be spent for the 
18.22 	purposes are specified in the following 
18.23 	subdivisions.

18.24	Subd. 2.Medical School
 		595,000
		618,000
	
18.25 	The state of Minnesota must pay a capitation 
18.26 	each year for each student who is a resident 
18.27 	of Minnesota. The appropriation may be 
18.28 	transferred between years of the biennium to 
18.29 	accommodate enrollment fluctuations.
18.30 	It is intended that during the biennium the 
18.31 	Mayo Clinic use the capitation money to 
18.32 	increase the number of doctors practicing in 
18.33 	rural areas in need of doctors.

19.1
19.2	Subd. 3.Family Practice and Graduate 
Residency Program
 		614,000
		638,000
	
19.3 	The state of Minnesota must pay stipend 
19.4 	support for up to 27 residents each year.

19.5	Sec. 7. BOARD OF DENTISTRY
 	$
	93,000
	$
	17,000
	
19.6 	This appropriation is from the state 
19.7 	government special revenue fund for the 
19.8 	purpose of licensing oral health practitioners 
19.9 	and dental therapists. The base appropriation 
19.10 	of the Board of Dentistry must be decreased 
19.11 	by $11,000 in fiscal year 2012 and $11,000 
19.12 	in fiscal year 2013.

19.13	Sec. 8. DEPARTMENT OF HEALTH
 					
19.14 	The base appropriation for the Department 
19.15 	of Health from the state government special 
19.16 	revenue fund is increased by $48,000 in 
19.17 	fiscal year 2012 and by $141,000 in fiscal 
19.18 	year 2013 for the purpose of the evaluation 
19.19 	process for assessing the impact of oral 
19.20 	health practitioners and dental therapists. 
19.21 	This appropriation must not be added to the 
19.22 	department's base after fiscal year 2014.

19.23 	Sec. 9. Laws 2007, chapter 144, article 1, section 4, subdivision 3, is amended to read:

19.24	Subd. 3.Board Policies
 					
19.25 	(a) The board must adopt a policy that allows 
19.26 	students to add the cost of textbooks and 
19.27 	required course materials purchased at a 
19.28 	campus bookstore, owned by or operated 
19.29 	under a contract with the campus, to the 
19.30 	existing waivers or payment plans for tuition 
19.31 	and fees.
20.1 	(b) By January 1, 2009, the board must adopt 
20.2 	a policy setting the maximum number of 
20.3 	semester credits required for a baccalaureate 
20.4 	degree at 120 semester credits or the 
20.5 	equivalent and the number of semester 
20.6 	credits required for an associate degree at 
20.7 	60 semester credits or the equivalent. The 
20.8 	board policy may provide for a process 
20.9 	for granting waivers for specific degree 
20.10 	programs in which industry or professional 
20.11 	accreditation standards require a greater 
20.12 	number of semester credits.

20.13 	ARTICLE 2
20.14 	RELATED HIGHER EDUCATION PROVISIONS

20.15 	Section 1. Minnesota Statutes 2008, section 13.3215, is amended to read:
20.16 	13.3215 UNIVERSITY OF MINNESOTA DATA.
20.17 		Subdivision 1.Definitions. (a) For purposes of this section, the terms in this 
20.18 	subdivision have the meanings given them.
20.19 	(b) "Business data" is data described in section 13.591, subdivision 1, and includes 
20.20 	the funded amount of the University of Minnesota's commitment to the investment 
20.21 	to date, if any; the market value of the investment by the University of Minnesota; the 
20.22 	University of Minnesota's internal rate of return for the investment, including expenditures 
20.23 	and receipts used in the calculation of the investment's internal rate of return; and the 
20.24 	age of the investment in years.
20.25 	(c) "Financial, business, or proprietary data" means data, as determined by the 
20.26 	responsible authority for the University of Minnesota, that are of a financial, business, or 
20.27 	proprietary nature, the release of which could cause competitive harm to the University 
20.28 	of Minnesota, the legal entity in which the University of Minnesota has invested or has 
20.29 	considered an investment, the managing entity of an investment, or a portfolio company in 
20.30 	which the legal entity holds an interest.
20.31 	(d) "Investment" means the investments by the University of Minnesota in the 
20.32 	following private capital:
20.33 	(1) venture capital and other private equity investment businesses through 
20.34 	participation in limited partnerships, trusts, limited liability corporations, limited liability 
20.35 	companies, limited liability partnerships, and corporations;
21.1 	(2) real estate ownership interests or loans secured by mortgages or deeds of trust or 
21.2 	shares of real estate investment trusts through investment in limited partnerships; and
21.3 	(3) natural resource investments through limited partnerships, trusts, limited liability 
21.4 	corporations, limited liability companies, limited liability partnerships, and corporations.
21.5 		Subd. 2.Claims experience data. Claims experience and all related information 
21.6 	received from carriers and claims administrators participating in a University of Minnesota 
21.7 	group health, dental, life, or disability insurance plan or the University of Minnesota 
21.8 	workers' compensation program, and survey information collected from employees or 
21.9 	students participating in these plans and programs, except when the university determines 
21.10 	that release of the data will not be detrimental to the plan or program, are classified as 
21.11 	nonpublic data not on individuals pursuant to under section 13.02, subdivision 9.  
21.12 		Subd. 3.Private equity investment data. (a) Financial, business, or proprietary 
21.13 	data and business data collected, created, received, or maintained by the University of 
21.14 	Minnesota in connection with investments are nonpublic data.
21.15 	(b) The name of the general partners and the legal entity in which the University of 
21.16 	Minnesota has invested; the amount of the University of Minnesota's initial commitment; 
21.17 	and the portfolio performance of University of Minnesota investments overall, including 
21.18 	the number of investments, the total amount of University of Minnesota commitments, the 
21.19 	total current market value, and the return on the total investment portfolio, are public.

21.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.21 	Sec. 2. Minnesota Statutes 2008, section 124D.09, subdivision 9, is amended to read:
21.22 		Subd. 9.Enrollment priority. A postsecondary institution shall give priority to 
21.23 	its postsecondary students when enrolling 11th and 12th grade pupils in its courses. A 
21.24 	postsecondary institution may provide information about, including the potential financial 
21.25 	and educational benefits of  its programs, to a secondary school or to a pupil or parent, but 
21.26 	it may not advertise or otherwise recruit or solicit the participation of secondary pupils 
21.27 	to enroll in its programs based solely on financial grounds. An institution must not 
21.28 	enroll secondary pupils, for postsecondary enrollment options purposes, in remedial, 
21.29 	developmental, or other courses that are not college level. Once a pupil has been enrolled 
21.30 	in a postsecondary course under this section, the pupil shall not be displaced by another 
21.31 	student.

21.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.33 	Sec. 3. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
22.1 		Subdivision 1.Establishment; membership. A P-20 education partnership is 
22.2 	established to create a seamless system of education that maximizes achievements of 
22.3 	all students, from early childhood through elementary, secondary, and postsecondary 
22.4 	education, while promoting the efficient use of financial and human resources. The 
22.5 	partnership shall consist of major statewide educational groups or constituencies or 
22.6 	noneducational statewide organizations with a stated interest in P-20 education. The initial 
22.7 	membership of the partnership includes the members serving on the Minnesota P-16 
22.8 	Education Partnership and four legislators appointed as follows:
22.9 	(1) one senator from the majority party and one senator from the minority party, 
22.10 	appointed by the senate Subcommittee on Committees of the Committee on Rules and 
22.11 	Administration; and
22.12 	(2) one member of the house of representatives appointed by the speaker of the 
22.13 	house and one member appointed by the minority leader of the house of representatives.
22.14 	Prospective members may be nominated by any partnership member and new 
22.15 	members will be added with the approval of a two-thirds majority of the partnership. The 
22.16 	partnership will also seek input from nonmember organizations whose expertise can help 
22.17 	inform the partnership's work. The partnership shall select a chair from its membership.
22.18 	Partnership members shall be represented by the chief executives, presidents, or 
22.19 	other formally designated leaders of their respective organizations, or their designees. The 
22.20 	partnership shall meet at least three times during each calendar year.
22.21 		Subd. 2.Powers and duties; report. The partnership shall develop 
22.22 	recommendations to the governor and the legislature designed to maximize the 
22.23 	achievement of all P-20 students while promoting the efficient use of state resources, 
22.24 	thereby helping the state realize the maximum value for its investment. In developing 
22.25 	recommendations, the partnership is encouraged to research best practices, review 
22.26 	state and national data, and seek input from the public and educational experts. These 
22.27 	recommendations may include, but are not limited to, research-based strategies, policies, 
22.28 	or other actions focused on:
22.29 	(1) improving the quality of and access to education at all points from preschool 
22.30 	through the graduate education; 
22.31 	(2) improving preparation for, and transitions to, postsecondary education and 
22.32 	work; and 
22.33 	(3) ensuring educator quality by creating rigorous standards for teacher recruitment, 
22.34 	teacher preparation, induction and mentoring of beginning teachers, and continuous 
22.35 	professional development for career teachers.
23.1 	By January 15 of each year, the partnership shall submit a report to the governor 
23.2 	and to the chairs and ranking minority members of the legislative committees and 
23.3 	divisions with jurisdiction over P-20 education policy and finance that summarizes the 
23.4 	partnership's progress in meeting its goals and identifies the need for any draft legislation 
23.5 	when necessary to further the goals of the partnership to maximize student achievement 
23.6 	while promoting efficient use of resources. Until the partnership determines otherwise, 
23.7 	the chair of the partnership shall provide the necessary staff support and meeting space 
23.8 	for meetings of the partnership.
23.9 	Members of the partnership may not receive any compensation or reimbursement for 
23.10 	expenses for their service in the partnership.
23.11 		Subd. 3.Expiration. Notwithstanding section 15.059, subdivision 5, the partnership 
23.12 	expires June 30, 2013.

23.13 	Sec. 4. Minnesota Statutes 2008, section 135A.08, subdivision 1, is amended to read:
23.14 		Subdivision 1.Course equivalency. The Board of Regents of the University of 
23.15 	Minnesota and the Board of Trustees of the Minnesota State Colleges and Universities 
23.16 	shall develop and maintain course equivalency guides for use between institutions that 
23.17 	have a high frequency of transfer. The course equivalency guides must include information 
23.18 	on the course equivalency and awarding of credit for learning acquired as a result of 
23.19 	the successful completion of formal military courses and occupational training. Course 
23.20 	equivalency guides shall are not be required for vocational technical programs that have 
23.21 	not been divided into identifiable courses. The governing boards of private institutions 
23.22 	that grant associate and baccalaureate degrees and that have a high frequency of transfer 
23.23 	students are requested to participate in developing these guides.

23.24 	Sec. 5. [135A.157] NOTICE TO PROSPECTIVE STUDENTS.
23.25 	(a) A public or private postsecondary educational institution located in this state 
23.26 	shall give the notice specified in this section to each person applying to be a student at 
23.27 	the institution: 
23.28 	"NOTICE REGARDING POSSIBLE IMPACT OF CRIMINAL RECORDS
23.29 	If you have been arrested, charged, or convicted of any criminal offense, you 
23.30 	should investigate the impact that the arrest, charge, or conviction may have on your 
23.31 	chances of employment in the field you intend to study and on your chances to obtain 
23.32 	federal, state, and other financial aid."
23.33 	(b) A public or private postsecondary educational institution is not liable for failing 
23.34 	to provide the notice required by this section.

24.1 	Sec. 6. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
24.2 		Subd. 2. Residential housing list List of enrolled students. All postsecondary 
24.3 	institutions that enroll students accepting state or federal financial aid may (a) Institutions 
24.4 	within the Minnesota State Colleges and Universities must prepare a current list of 
24.5 	students enrolled in the institution and residing in the institution's housing or within 
24.6 	ten miles of the institution's campus in Minnesota. The list shallmust include each 
24.7 	student's name and current address, unless the name or address is not designated as public 
24.8 	data under section 13.32, subdivision 5. The list shallmust be certified and sent to the 
24.9 	appropriate county auditor or auditors secretary of state no earlier than 30 and no later than 
24.10 	25 days before the November general election, in an electronic format specified by the 
24.11 	secretary of state,  for use in election day registration as provided under section 201.061, 
24.12 	subdivision 3.  The certification must be dated and signed by the chief officer or designee 
24.13 	of the postsecondary educational institution, or for institutions within the Minnesota State 
24.14 	Colleges and Universities, by the chancellor, and must state that the list is current and 
24.15 	accurate and includes only the names of currently enrolled students residing in Minnesota 
24.16 	as of the date of certification. The secretary of state must combine the data received from 
24.17 	each postsecondary educational institution under this subdivision and must process the 
24.18 	data to locate the precinct in which the address provided for each student is located. If the 
24.19 	data submitted by the postsecondary educational institution is insufficient for the secretary 
24.20 	of state to locate the proper precinct, the associated student name must not appear in any 
24.21 	list forwarded to a county auditor under this subdivision.
24.22 	At least 14 days before the November general election, the secretary of state 
24.23 	must forward to the appropriate county auditor lists of students containing the students' 
24.24 	names and addresses for which precinct determinations have been made along with their 
24.25 	postsecondary educational institutions. The list must be sorted by precinct and student 
24.26 	last name and must be forwarded in an electronic format specified by the secretary of 
24.27 	state or other mutually agreed upon medium, if a written agreement specifying the 
24.28 	medium is signed by the secretary of state and the county auditor at least 90 days before 
24.29 	the November general election. A written agreement is effective for all elections until 
24.30 	rescinded by either the secretary of state or the county auditor.
24.31 	(b) Other postsecondary institutions may provide lists as provided by this subdivision 
24.32 	or as provided by the rules of the secretary of state. The University of Minnesota is 
24.33 	requested to comply with this subdivision.
24.34 	(c) A residential housing list provided under this subdivision may not be used or 
24.35 	disseminated by a county auditor or the secretary of state for any other purpose. 

25.1 	Sec. 7. Minnesota Statutes 2008, section 135A.25, subdivision 4, is amended to read:
25.2 		Subd. 4.Minnesota Office of Higher Education responsibilities. (a) For private 
25.3 	postsecondary institutions, the Minnesota Office of Higher Education must develop 
25.4 	educational materials considering the recommendations by the Minnesota Office of Higher 
25.5 	Education and others and at least annually convene and sponsor meetings and workshops 
25.6 	and provide educational strategies for faculty, students, administrators, institutions, and 
25.7 	bookstores to inform all interested parties on strategies for reducing the costs of course 
25.8 	materials for students attending postsecondary institutions.
25.9 	(b) The Minnesota Office of Higher Education must identify methods to compile and 
25.10 	distribute information on publishers that sell or distribute course material for classroom use 
25.11 	in postsecondary institutions in a manner that meets the requirements and complies with 
25.12 	subdivision 2. The Minnesota Office of Higher Education must also evaluate ways to make 
25.13 	this information available for use by students and faculty in postsecondary institutions.

25.14 	Sec. 8. [135A.61] HIGH SCHOOL-TO-COLLEGE DEVELOPMENTAL 
25.15 	TRANSITION PROGRAMS.
25.16 		Subdivision 1.High school-to-college developmental transition programs. All 
25.17 	public higher education systems and other higher education institutions in Minnesota 
25.18 	are encouraged to offer research-based high school-to-college developmental transition 
25.19 	programs to prepare students for college-level academic coursework. An entity that 
25.20 	provides a program under this section must promote the program as part of its activities 
25.21 	under section 136A.121, subdivision 20. A program under this section must, at a 
25.22 	minimum, include instruction to develop the skills and abilities necessary to be ready for 
25.23 	college-level academic coursework when the student enrolls in a degree, diploma, or 
25.24 	certificate program and the skills identified as needing improvement by a college readiness 
25.25 	assessment completed by the student. A program offered under this section must not 
25.26 	constitute more than the equivalent of one semester of full-time study occurring in the 
25.27 	summer following high school graduation. The courses completed in a program under this 
25.28 	section must be identified on the student's transcript with a unique identifier to distinguish 
25.29 	it from other developmental education classes or programs.
25.30 		Subd. 2.High school-to-college developmental transition programs evaluation 
25.31 	report. (a) Institutions that offer a high school-to-college developmental transition 
25.32 	program and enroll students that receive a grant under section 136A.121, subdivision 
25.33 	9b, must annually submit a report to the director of the Minnesota Office of Higher 
25.34 	Education that provides data and information about the program provided to students and 
25.35 	the results for students. 
26.1 	(b) Institutions must specify both program and student outcome goals and the 
26.2 	activities implemented to achieve the goals. The goals must be clearly stated and 
26.3 	measurable. Institutions must collect, analyze, and report on program participation and 
26.4 	outcome data that enable the director to verify the program has met the outcome goals 
26.5 	established for the program.
26.6 	(c) The report submitted to the director by an institution must include, at a minimum, 
26.7 	the following information:
26.8 	(1) demographic information about the students;
26.9 	(2) names of the high schools from which the students graduated; 
26.10 	(3) the placement test used to determine the student was not ready for college-level 
26.11 	academic course work;
26.12 	(4) the curriculum content areas assessed and the scores received by the students;
26.13 	(5) a description of the services, including any supplemental noncredit academic 
26.14 	support services, provided to students;
26.15 	(6) data on the registration load, courses completed, and grades received by students;
26.16 	(7) data on the placement test scores and course grades of students that participated in 
26.17 	the programs compared to the placement test scores and course grades of nonparticipants;
26.18 	(8) the retention of students from the term they participated in the program to the 
26.19 	fall term immediately following graduation from high school, including the number of 
26.20 	credits for which they enrolled and the grades they received;
26.21 	(9) information about the student's enrollment in subsequent terms; and
26.22 	(10) other information specified by the director.
26.23 	(d) The director must establish and convene a data working group to develop the 
26.24 	necessary procedures, as well as a timeline, for the collection, analysis, and submission of 
26.25 	data and information to the director. The data working group must develop data collection 
26.26 	and analysis procedures that ensure consistency in the data collected by each institution 
26.27 	and identify the types of program delivery procedures most successful with students that 
26.28 	present a variety of academic and socioeconomic characteristics. The data group must 
26.29 	include representatives of all sectors of higher education in the state that offer a program 
26.30 	under this section and have expertise in data collection processes and the delivery of 
26.31 	academic programs to students. The data group must assist the director in the preparation 
26.32 	of the report synthesizing information from each institutional report.
26.33 		Subd. 3.Report to legislature. By January 15 of each year, the director shall 
26.34 	submit a report to the committees of the legislature with jurisdiction over higher education 
26.35 	finance and policy regarding the academic performance of students who participated in the 
26.36 	transition programs compared to the performance of students who did not participate in 
27.1 	the program. The report submitted to the legislature must incorporate information from 
27.2 	the reports submitted by the institutions participating in the program.

27.3 	Sec. 9. Minnesota Statutes 2008, section 136A.08, subdivision 1, is amended to read:
27.4 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms
27.5 	have the meanings given them.
27.6 	(b) "Province" and "provincial" mean the Canadian province of Manitoba.
27.7 	(c) "Resident of this state" means a resident student as defined in section 136A.101, 
27.8 	subdivision 8.

27.9 	Sec. 10. Minnesota Statutes 2008, section 136A.08, is amended by adding a 
27.10 	subdivision to read:
27.11 		Subd. 9.Appeal; resident status. A student who does not meet the definition of 
27.12 	resident after residing in Minnesota for 12 months may appeal to the director by providing 
27.13 	documentation on the student's reasons for residing in Minnesota. The director may 
27.14 	grant resident status for the purpose of this section to the student upon determining the 
27.15 	documentation establishes that postsecondary education was not the student's principal 
27.16 	reason for residing in Minnesota.

27.17 	Sec. 11. Minnesota Statutes 2008, section 136A.101, subdivision 5a, is amended to 
27.18 	read:
27.19 		Subd. 5a.Assigned family responsibility. "Assigned family responsibility" means 
27.20 	the amount of a family's contribution to a student's cost of attendance, as determined by a 
27.21 	federal need analysis. For dependent students, the assigned family responsibility is 96 93
27.22 	percent of the parental contribution. For independent students with dependents other than 
27.23 	a spouse, the assigned family responsibility is 86 83 percent of the student contribution. 
27.24 	For independent students without dependents other than a spouse, the assigned family 
27.25 	responsibility is 68 65 percent of the student contribution. 

27.26 	Sec. 12. Minnesota Statutes 2008, section 136A.121, is amended by adding a 
27.27 	subdivision to read:
27.28 		Subd. 5a.Minnesota promise. (a) The stipend for an applicant who has an income 
27.29 	used to determine eligibility that is less than 185 percent of the federal poverty guidelines, 
27.30 	adjusted for family size, is the greater of: 
27.31 	(1) the stipend calculated under subdivision 5 plus the applicant's Pell grant; or 
28.1 	(2) an amount equal to the tuition and required fees under subdivision 6 at a 
28.2 	Minnesota public two-year community college or consolidated community and technical 
28.3 	college.
28.4 	(b) The stipend under this subdivision is the Minnesota promise. The Minnesota 
28.5 	Office of Higher Education must prepare and distribute materials under section 136A.87 
28.6 	to promote the Minnesota promise and the benefits of higher education for all students 
28.7 	and particularly for students from low-income families.

28.8 	Sec. 13. Minnesota Statutes 2008, section 136A.121, is amended by adding a 
28.9 	subdivision to read:
28.10 		Subd. 9b.Onetime grant for high school-to-college developmental transition 
28.11 	program. (a) A student who enrolls in a program under section 135A.61 is eligible for 
28.12 	a onetime grant to help pay expenses to attend the program. The amount of the grant 
28.13 	must be determined according to subdivision 5, except as modified by paragraph (b). 
28.14 	The requirement in subdivision 9a that subtracts a federal Pell Grant award for which a 
28.15 	student would be eligible, even if the student has exhausted the federal Pell Grant award, 
28.16 	does not apply to a student who receives a grant under this subdivision in the award 
28.17 	year in which the grant is received. The maximum grant under this subdivision must be 
28.18 	reduced by the average amount a student would earn working in an on-campus work-study 
28.19 	position for ten hours per week during a summer term. The office must determine an 
28.20 	amount for student earnings in a summer term, using available data about earnings, before 
28.21 	determining the amount awarded under this subdivision.
28.22 	(b) If an applicant's income used to determine eligibility is less than 185 percent of 
28.23 	the federal poverty guideline, adjusted for family size, the maximum amount of the grant 
28.24 	is the cost of attendance under subdivision 6. 
28.25 	(c) A grant under this subdivision is in addition to grants for the eight semesters or 
28.26 	equivalent under subdivision 9. A grant under this subdivision must not be awarded for 
28.27 	the same term for which another grant is awarded under this section. 

28.28 	EFFECTIVE DATE. This section is effective for students who graduate from high 
28.29 	school after December 31, 2009.

28.30 	Sec. 14. Minnesota Statutes 2008, section 136A.121, is amended by adding a 
28.31 	subdivision to read:
28.32 		Subd. 20.Institutional partnership with high schools. An eligible institution in 
28.33 	Minnesota that enrolls a student who receives a grant under this section must develop a 
28.34 	partnership to promote academic preparation and college attendance with at least two high 
29.1 	schools that have not made adequate yearly progress in reading and math in the most 
29.2 	recent year. The Minnesota Office of Higher Education must maintain a current list of 
29.3 	high schools in the state that have not made adequate yearly progress in reading and 
29.4 	math in the most recent year and are eligible to be considered a partner school under this 
29.5 	subdivision. The partnership must include: 
29.6 	(1) making available to students, at low cost or no cost, a college readiness 
29.7 	assessment that meets recognized standards; 
29.8 	(2) assisting students and families in completing the Free Application for Federal 
29.9 	Student Aid (FAFSA); and
29.10 	(3) visiting a college campus.

29.11 	Sec. 15. Minnesota Statutes 2008, section 136A.127, subdivision 2, is amended to read:
29.12 		Subd. 2.Definition; qualifying program. For the purposes of this section, a 
29.13 	"qualifying program" means a rigorous secondary school program of study defined by 
29.14 	the Department of Education under agreement with the Secretary of Education for the 
29.15 	purposes of determining eligibility for the federal Academic Competitiveness Grant 
29.16 	Program under Title IV of the Higher Education Act of 1965, as amended.  If a qualifying 
29.17 	program includes a foreign language requirement, the foreign language requirement is 
29.18 	waived for a student whose first language is not English and who attains English language 
29.19 	proficiency.

29.20 	EFFECTIVE DATE. This section is effective the day following final enactment 
29.21 	and applies to students who graduate on or after January 1, 2009.

29.22 	Sec. 16. Minnesota Statutes 2008, section 136A.127, subdivision 4, is amended to read:
29.23 		Subd. 4.Student eligibility. To be eligible to receive a scholarship under this 
29.24 	section, in addition to the requirements listed under section 136A.121, a student must: 
29.25 	(1) submit a Free Application for Federal Student Aid (FAFSA); 
29.26 	(2) take and receive at least a grade of C for courses that comprise a rigorous 
29.27 	secondary school complete a qualifying program of study in a high school or in a 
29.28 	home-school setting under section 120A.22, and graduate from a Minnesota high school, 
29.29 	and graduate with an unweighted 2.5 grade point average or higher; 
29.30 	(3) have a family adjusted gross income of less than $75,000 in the last complete 
29.31 	calendar year prior to the academic year of postsecondary attendance in which the 
29.32 	scholarship is used 185 percent of the federal poverty guidelines, adjusted for family 
29.33 	size as reported in the federal need analysis. The Office of Higher Education or the 
29.34 	postsecondary institution may request documentation to confirm income eligibility; 
30.1 	(4) be a United States citizen or eligible noncitizen, as defined in section 484 of the 
30.2 	Higher Education Act, United States Code, title 20, sections 1091 et seq., as amended, 
30.3 	and Code of Federal Regulations, title 34, section 668.33; 
30.4 	(5) be a Minnesota resident, as defined in section 136A.101, subdivision 8; and 
30.5 	(6) be enrolled for at least three credits per quarter or semester or the equivalent 
30.6 	 enroll full-time in a degree, diploma, or certificate program in the fall term immediately 
30.7 	following high school graduation at an eligible institution as defined under section 
30.8 	136A.101, subdivision 4.

30.9 	EFFECTIVE DATE. This section is effective the day following final enactment 
30.10 	and applies to students who graduate on or after January 1, 2009.

30.11 	Sec. 17. Minnesota Statutes 2008, section 136A.127, subdivision 9, is amended to read:
30.12 		Subd. 9.Scholarship awards. A student may not receive more than $1,200 in 
30.13 	Minnesota achieve scholarships, which must be for enrollment during the four-year 
30.14 	availability period described in subdivision 12. The maximum amount of the scholarship 
30.15 	is the amount remaining after deducting from the total amount of qualifying expenses 
30.16 	under subdivision 10 all amounts of federal, state, private, and institutional grants and gift 
30.17 	aid from any source and the amount under subdivision 10a. The scholarships scholarship
30.18 	may be used to pay for qualifying expenses at eligible institutions. 

30.19 	EFFECTIVE DATE. This section is effective the day following final enactment 
30.20 	and applies to students who graduate on or after January 1, 2009.

30.21 	Sec. 18. Minnesota Statutes 2008, section 136A.127, subdivision 10, is amended to 
30.22 	read:
30.23 		Subd. 10.Qualifying expenses. Qualifying expenses are components included 
30.24 	under the cost of attendance used for federal student financial aid programs, as defined 
30.25 	in section 472 of the Higher Education Act, United States Code, title 20, sections 1091
30.26 	1087ll et seq., as amended for the institution the student attends. The maximum qualifying 
30.27 	expenses under this subdivision is the average total qualifying expenses at the four-year 
30.28 	institutions of the Minnesota State Colleges and Universities. 

30.29 	EFFECTIVE DATE. This section is effective the day following final enactment 
30.30 	and applies to students who graduate on or after January 1, 2009.

30.31 	Sec. 19. Minnesota Statutes 2008, section 136A.127, is amended by adding a 
30.32 	subdivision to read:
31.1 		Subd. 10a.Student investment. A student investment is required in an amount 
31.2 	equal to the average amount a student would earn working in an on-campus work-study 
31.3 	position for ten hours per week during a term. The office must determine an amount under 
31.4 	this subdivision, using available data about earnings, before determining the amount 
31.5 	awarded under subdivision 9. 

31.6 	EFFECTIVE DATE. This section is effective the day following final enactment 
31.7 	and applies to students who graduate on or after January 1, 2009.

31.8 	Sec. 20. Minnesota Statutes 2008, section 136A.127, subdivision 12, is amended to 
31.9 	read:
31.10 		Subd. 12.Availability of scholarship funds. A scholarship earned by a student 
31.11 	is available for four years immediately following high school graduation. The office 
31.12 	must certify to the commissioner of finance by October 1 of each year the amounts to 
31.13 	be canceled from scholarship eligibility that have expired. Once a student has been 
31.14 	awarded a scholarship under this section, the scholarship may be renewed for up to three 
31.15 	consecutive award years of continuous full-time enrollment in a degree, diploma, or 
31.16 	certificate program at an eligible institution. The student must make satisfactory academic 
31.17 	progress and have at least a cumulative 3.0 grade point average on a 4.0 scale for the first 
31.18 	and subsequent award years of study to continue receiving a scholarship.

31.19 	EFFECTIVE DATE. This section is effective the day following final enactment 
31.20 	and applies to students who graduate on or after January 1, 2009.

31.21 	Sec. 21. Minnesota Statutes 2008, section 136A.127, subdivision 14, is amended to 
31.22 	read:
31.23 		Subd. 14.Evaluation report. By January 15 of each odd-numbered year, the 
31.24 	Office of Higher Education shall submit a report, to the committees of the legislature with 
31.25 	jurisdiction over higher education finance and policy, regarding the success of the program
31.26 	in increasing the enrollment of students in rigorous high school courses, including, at a 
31.27 	minimum, the following information: 
31.28 	(1) the demographics of individuals participating in the program; 
31.29 	(2) the grades scholarship recipients received for courses in the qualifying program 
31.30 	under subdivision 2;
31.31 	(3) (2) the number of scholarship recipients who persisted at a postsecondary 
31.32 	institution for a second year; 
31.33 	(4) (3) the high schools attended by the program participants; 
32.1 	(5) (4) the postsecondary institutions attended by the program participants; 
32.2 	(6) (5) the academic performance of the students after enrolling in a postsecondary 
32.3 	institution; and 
32.4 	(7) (6) other information as identified determined by the director. 

32.5 	Sec. 22. Minnesota Statutes 2008, section 136A.1701, subdivision 10, is amended to 
32.6 	read:
32.7 		Subd. 10.Prohibition on use of state money. Except as provided in section 
32.8 	136A.1787, subdivision 1, no money originating from state sources in the state treasury 
32.9 	shall be made available for student loans under this section and all student loans shall be 
32.10 	made from money originating from nonstate sources.

32.11 	Sec. 23. [136A.1787] ANNUAL CERTIFICATE OF MINIMUM NEEDED FOR 
32.12 	BUDGET.
32.13 		Subdivision 1.Certification to governor. In order to ensure the payment of the 
32.14 	principal of and interest on bonds and notes of the office and the continued maintenance of 
32.15 	the loan capital fund under section 136A.1785, the office shall annually determine and 
32.16 	certify to the governor, on or before December 1:
32.17 	(1) the amount, if any, then needed to restore the loan capital fund to the minimum 
32.18 	amount required by a resolution or indenture relating to any bonds or notes of the office, 
32.19 	not exceeding the maximum amount of principal and interest to become due and payable 
32.20 	in any subsequent year on all bonds or notes which are then outstanding; 
32.21 	(2) the amount, if any, determined by the office to be needed in the then immediately 
32.22 	ensuing fiscal year, with other money pledged and estimated to be received during that 
32.23 	year, for the payment of the principal and interest due and payable in that year on all then 
32.24 	outstanding bonds and notes; and 
32.25 	(3) the amount, if any, then needed to restore any debt service fund securing any 
32.26 	outstanding bonds or notes of the office to the amount required in a resolution or indenture 
32.27 	relating to such outstanding bonds or notes.
32.28 		Subd. 2.Governor's budget. The governor shall include and submit the amounts 
32.29 	certified by the office in accordance with this section to the legislature in the governor's 
32.30 	budget for the following fiscal year, or in a supplemental budget if the regular budget for 
32.31 	that year has previously been approved.

33.1 	Sec. 24. Minnesota Statutes 2008, section 136A.87, is amended to read:
33.2 	136A.87 PLANNING INFORMATION FOR POSTSECONDARY 
33.3 	EDUCATION.
33.4 	The office shall make available to all residents from 8th beginning in 7th grade 
33.5 	through adulthood information about planning and preparing for postsecondary 
33.6 	opportunities. Information must be provided to all 8th 7th grade students and their parents 
33.7 	annually  by January 1 of each year September 30 about the need to plan planning for 
33.8 	their postsecondary education. The office may also provide information to high school 
33.9 	students and their parents, to adults, and to out-of-school youth. The information provided 
33.10 	may include the following:
33.11 	(1) the need to start planning early;
33.12 	(2) the availability of assistance in educational planning from educational institutions 
33.13 	and other organizations;
33.14 	(3) suggestions for studying effectively during high school;
33.15 	(4) high school courses necessary to be adequately prepared for postsecondary 
33.16 	education;
33.17 	(5) encouragement to involve parents actively in planning for all phases of education;
33.18 	(6) information about post-high school postsecondary education and training 
33.19 	opportunities existing in the state, their respective missions and expectations for students, 
33.20 	their preparation requirements, admission requirements, and student placement;
33.21 	(7) ways to evaluate and select postsecondary institutions;
33.22 	(8) the process of transferring credits among Minnesota postsecondary institutions 
33.23 	and systems;
33.24 	(9) the costs of postsecondary education and the availability of financial assistance 
33.25 	in meeting these costs, including specific information about the Minnesota promise and 
33.26 	achieve scholarship program;
33.27 	(10) the interrelationship of assistance from student financial aid, public assistance, 
33.28 	and job training programs; and
33.29 	(11) financial planning for postsecondary education beyond high school.

33.30 	Sec. 25. Minnesota Statutes 2008, section 136F.02, subdivision 1, is amended to read:
33.31 		Subdivision 1. Membership. The board consists of 15 members appointed by the 
33.32 	governor, including three members who are students who have attended an institution for 
33.33 	at least one year and are currently enrolled at least half time in a degree, diploma, or 
33.34 	certificate program in an institution governed by the board. The student members shall 
33.35 	include one member from a community college, one member from a state university, and 
34.1 	one member from a technical college. One member representing labor must be appointed 
34.2 	after considering the recommendations made under section 136F.045. The governor 
34.3 	is not bound by the recommendations. Appointments to the board are with the advice 
34.4 	and consent of the senate. At least one member of the board must be a resident of each 
34.5 	congressional district. All other members must be appointed to represent the state at large. 
34.6 	In selecting appointees, the governor must consider the needs of the board of trustees and 
34.7 	the balance of the board membership with respect to labor and business representation 
34.8 	and racial, gender, geographic, and ethnic composition. 
34.9 	A commissioner of a state agency may not serve as a member of the board.

34.10 	EFFECTIVE DATE. This section is effective the day following final enactment, 
34.11 	except that a commissioner serving on the board of trustees on the effective date may 
34.12 	continue to serve for the remainder of a current term of appointment to the board.

34.13 	Sec. 26. Minnesota Statutes 2008, section 136F.03, subdivision 4, is amended to read:
34.14 		Subd. 4. Recommendations. Except for seats filled under sections 136F.04 and 
34.15 	136F.045, the advisory council shall recommend at least two and not more than four 
34.16 	candidates for each seat. By April 15 of each even-numbered year in which the governor 
34.17 	makes appointments to the board, the advisory council shall submit its recommendations 
34.18 	to the governor and to the chairs and ranking minority members of the legislative 
34.19 	committees with primary jurisdiction over higher education policy and finance. The 
34.20 	governor is not bound by these recommendations. 

34.21 	Sec. 27. Minnesota Statutes 2008, section 136F.04, subdivision 4, is amended to read:
34.22 		Subd. 4.Recommendations. Each student association shall recommend at least two 
34.23 	and not more than four candidates for its student member. By April 15 of the year in which 
34.24 	its members' term expires, each student association shall submit its recommendations to 
34.25 	the governor and to the chairs and ranking minority members of the legislative committees 
34.26 	with primary jurisdiction over higher education policy and finance. The governor is not 
34.27 	bound by these recommendations.

34.28 	Sec. 28. Minnesota Statutes 2008, section 136F.045, is amended to read:
34.29 	136F.045 LABOR ORGANIZATION BOARD MEMBER SELECTION 
34.30 	PROCESS. 
34.31 	The Minnesota AFL-CIO shall recruit and screen qualified labor candidates to 
34.32 	be recommended to the governor for appointment to the board. The organization must 
35.1 	develop a process for selecting candidates, and a statement of selection criteria for board 
35.2 	membership that is consistent with the requirements under section 136F.02, subdivision 1. 
35.3 	The organization must recommend at least two and no more than four candidates to the 
35.4 	governor beginning in 2010 and every six years thereafter. Recommendations must be 
35.5 	made to the governor and to the chairs and ranking minority members of the legislative 
35.6 	committees with primary jurisdiction over higher education policy and finance by April 15 
35.7 	of the year in which the governor makes appointments to the board. The governor is not 
35.8 	bound by the recommendations. 

35.9 	Sec. 29. Minnesota Statutes 2008, section 136F.19, subdivision 1, is amended to read:
35.10 		Subdivision 1.Establishment. The board shall may establish and operate through 
35.11 	each campus a power of you program at Metropolitan State University, Minneapolis 
35.12 	Community and Technical College, and St. Paul College. The program shall, to the 
35.13 	extent of available funding, make grants to eligible students. Each campus shall develop 
35.14 	partnerships with high schools and school districts as part of the program. The board may 
35.15 	accept and expend private funding for the program.

35.16 	Sec. 30. Minnesota Statutes 2008, section 136F.31, is amended to read:
35.17 	136F.31 CENTERS OF EXCELLENCE.
35.18 		Subdivision 1.Board designation. The board must may designate at least three and
35.19 	up to eight different program centers of excellence. The board must determine the form 
35.20 	and required information contained in applications from member institutions.
35.21 		Subd. 2.Center selection criteria. The board must select programs based on 
35.22 	institutional proposals demonstrating:
35.23 	(1) the capacity to build multistate regional or national recognition of the program 
35.24 	within five years;
35.25 	(2) a commitment to expanding the influence of the center to improve results in 
35.26 	related programs in participating institutions;
35.27 	(3) the capacity to improve employment placement and income expectations of 
35.28 	graduates from the program;
35.29 	(4) a strong partnership between a four-year and at least one two-year institution that 
35.30 	maximizes the leverage of academic and training capacities in each institution;
35.31 	(5) a comprehensive academic plan that includes a seamless continuum of academic 
35.32 	offerings in the program area that supports career development at multiple levels in related 
35.33 	employment fields;
36.1 	(6) a specific development plan that includes a description of how the institution 
36.2 	will pursue continuous improvement and accountability;
36.3 	(7) identified commitments from employers that include measurable financial and 
36.4 	programmatic commitment to the center of excellence on the part of employers who 
36.5 	will benefit from the development of the center. A center for teacher education must 
36.6 	demonstrate support from local school districts;
36.7 	(8) a commitment from the institution that the new designated funding will not 
36.8 	supplant current budgets from related programs;
36.9 	(9) a strong existing program upon which the proposed center will build; and
36.10 	(10) a separate fund for donations dedicated for the program within current 
36.11 	institutional foundations.
36.12 	The board may adopt additional criteria that promote general goals of the centers. 
36.13 	The board shall give priority to programs that integrate the academic and training outcomes 
36.14 	of the center with business clusters that have a significant multiplier effect on the state's 
36.15 	economy based on projections of job, income, or general economic growth. The board 
36.16 	shall consult with the Department of Employment and Economic Development to identify 
36.17 	these clusters and the potential economic impact of developing a center for excellence.
36.18 		Subd. 3.Advisory committee and reports required. A center of excellence must 
36.19 	create an advisory committee representing local, statewide, and national leaders in the 
36.20 	field. By January 15 of each odd-numbered year, each designated center must provide 
36.21 	a report to the governor and the chairs of committees of the legislature with jurisdiction 
36.22 	over higher education finance, that includes annual and integrated data on program 
36.23 	enrollment, student demographics, student admission data, endowment growth, graduation 
36.24 	rates, graduation outcomes, employer involvement, indicators of student or graduate 
36.25 	employment success, and other outcomes as determined by the board. After a center 
36.26 	has been in existence for three years, the report must include measures of the program's 
36.27 	impact on the local economy.

36.28 	Sec. 31. [136F.37] JOB PLACEMENT IMPACT ON PROGRAM REVIEW; 
36.29 	INFORMATION TO STUDENTS.
36.30 	The board must assess labor market data when conducting college program reviews. 
36.31 	The board must require a college to enroll no more than the approximate number of 
36.32 	students in a technical or occupational program that the labor market data indicates have 
36.33 	a reasonable likelihood of obtaining a job in the program field of study. A college must 
36.34 	provide prospective students with the job placement rate for graduates of technical and 
36.35 	occupational programs offered at a college.

37.1 	Sec. 32. Minnesota Statutes 2008, section 137.0245, subdivision 2, is amended to read:
37.2 		Subd. 2.Membership. The Regent Candidate Advisory Council shall consist of 
37.3 	24 members. Twelve members shall be appointed by the Subcommittee on Committees 
37.4 	of the Committee on Rules and Administration of the senate. Twelve members shall 
37.5 	be appointed by the speaker of the house. Each appointing authority must appoint one 
37.6 	member who is a student enrolled in a degree program at the University of Minnesota at 
37.7 	the time of appointment. No more than one-third of the members appointed by each 
37.8 	appointing authority may be current or former legislators. No more than two-thirds of the 
37.9 	members appointed by each appointing authority may belong to the same political party; 
37.10 	however, political activity or affiliation is not required for the appointment of any member. 
37.11 	Geographical representation must be taken into consideration when making appointments. 
37.12 	Section 15.0575 shall govern the advisory council, except that: 
37.13 	(1) the members shall be appointed to six-year terms with one-third appointed each 
37.14 	even-numbered year; and
37.15 	(2) student members are appointed to two-year terms with two students appointed 
37.16 	each even-numbered year.
37.17 	A member may not serve more than two full terms.

37.18 	EFFECTIVE DATE. This section is effective the day following final enactment 
37.19 	and applies to members serving on the council on that date, although those members may 
37.20 	serve out the remainder of their current terms.

37.21 	Sec. 33. Minnesota Statutes 2008, section 137.0246, subdivision 2, is amended to read:
37.22 		Subd. 2.Regent nomination joint committee. (a) The joint legislative committee 
37.23 	consists of the members of the higher education budget and policy divisions in each house 
37.24 	of the legislature. The chairs of the divisions from each body shall be cochairs of the 
37.25 	joint legislative committee. A majority of the members from each house is a quorum of 
37.26 	the joint committee.
37.27 	(b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent 
37.28 	resolution, the joint legislative committee shall meet to consider the advisory council's 
37.29 	recommendations for regent of the University of Minnesota for possible presentation to a 
37.30 	joint convention of the legislature.
37.31 	(c) The joint committee may recommend to the joint convention candidates 
37.32 	recommended by the advisory council and the other candidates nominated by the joint 
37.33 	committee. A candidate other than those recommended by the advisory council may be 
37.34 	nominated for consideration by the joint committee only if the nomination receives the 
37.35 	support of at least three house of representatives members of the committee and two 
38.1 	senate members of the committee. A candidate must receive a majority vote of members 
38.2 	from the house of representatives and from the senate on the joint committee to be 
38.3 	recommended to the joint convention. The joint committee may recommend no more than 
38.4 	one candidate for each vacancy. In recommending nominees, the joint committee must 
38.5 	consider the needs of the board of regents and the balance of the board membership with 
38.6 	respect to gender, racial, and ethnic composition.
38.7 	(d) The joint committee must meet twice, approximately one week apart. The first 
38.8 	meeting is for the purpose of interviewing candidates and recommending candidates for 
38.9 	the joint committee to consider. The second meeting is for the purpose of voting for 
38.10 	candidates for recommendation to the joint convention.

38.11 	Sec. 34. Minnesota Statutes 2008, section 137.025, subdivision 1, is amended to read:
38.12 		Subdivision 1.Appropriations not for buildings. The commissioner of finance 
38.13 	shall pay no money to the University of Minnesota pursuant to a direct appropriation, other 
38.14 	than an appropriation for buildings, until the university first certifies to the commissioner 
38.15 	of finance that its aggregate balances in the temporary investment pool, cash, or separate 
38.16 	investments, resulting from all state maintenance and special appropriations do not 
38.17 	exceed $7,000,000, or any other amount specified in the act making the appropriation, 
38.18 	plus one-third of all tuition and fee payments from the previous fiscal year. Upon this 
38.19 	certification, 1/12 of the annual appropriation to the university shall be paid at the 
38.20 	beginningUniversity of Minnesota on the 21st day of each month. Additional payments 
38.21 	shall be made by the commissioner of finance whenever the state appropriations and 
38.22 	tuition aggregate balances in the temporary investment pool, cash, or separate investments 
38.23 	are reduced below the indicated levels If the 21st day of the month falls on a Saturday 
38.24 	or Sunday, the monthly payment must be made on the first business day immediately 
38.25 	following the 21st day of the month.

38.26 	Sec. 35. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
38.27 		Subd. 3. Election day registration. (a) An individual who is eligible to vote may 
38.28 	register on election day by appearing in person at the polling place for the precinct in 
38.29 	which the individual maintains residence, by completing a registration application, making 
38.30 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
38.31 	An individual may prove residence for purposes of registering by: 
38.32 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
38.33 	to section 171.07; 
39.1 	(2) presenting any document approved by the secretary of state as proper 
39.2 	identification; 
39.3 	(3) presenting one of the following: 
39.4 	(i) a current valid student identification card from a postsecondary educational 
39.5 	institution in Minnesota, if a list of students from that institution has been prepared under 
39.6 	section 135A.17and certified to the county auditoror  in the manner provided in rules of 
39.7 	the secretary of state; or 
39.8 	(ii) a current student fee statement that contains the student's valid address in the 
39.9 	precinct together with a picture identification card; or 
39.10 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
39.11 	employed by and working in a residential facility in the precinct and vouching for a 
39.12 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
39.13 	voter or employee personally knows that the individual is a resident of the precinct. A 
39.14 	voter who has been vouched for on election day may not sign a proof of residence oath 
39.15 	vouching for any other individual on that election day. A voter who is registered to vote in 
39.16 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
39.17 	does not apply to an employee of a residential facility described in this clause. The 
39.18 	secretary of state shall provide a form for election judges to use in recording the number 
39.19 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
39.20 	form must include space for the maximum number of individuals for whom a voter may 
39.21 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
39.22 	a statement that the voter is registered to vote in the precinct, personally knows that the 
39.23 	individual is a resident of the precinct, and is making the statement on oath. The form must 
39.24 	include a space for the voter's printed name, signature, telephone number, and address. 
39.25 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
39.26 	attached to the voter registration application. 
39.27 	(b) The operator of a residential facility shall prepare a list of the names of its 
39.28 	employees currently working in the residential facility and the address of the residential 
39.29 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
39.30 	no less than 20 days before each election for use in election day registration. 
39.31 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
39.32 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
39.33 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
39.34 	5; a residence registered with the commissioner of health as a housing with services 
39.35 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
39.36 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
40.1 	licensed by the commissioner of human services to provide a residential program as 
40.2 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
40.3 	developmental disability licensed by the commissioner of human services under section 
40.4 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
40.5 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
40.6 	publicly or privately operated shelter or dwelling designed to provide temporary living 
40.7 	accommodations for the homeless. 
40.8 	(d) For tribal band members, an individual may prove residence for purposes of 
40.9 	registering by: 
40.10 	(1) presenting an identification card issued by the tribal government of a tribe 
40.11 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
40.12 	contains the name, address, signature, and picture of the individual; or 
40.13 	(2) presenting an identification card issued by the tribal government of a tribe 
40.14 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
40.15 	contains the name, signature, and picture of the individual and also presenting one of the 
40.16 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 
40.17 	(e) A county, school district, or municipality may require that an election judge 
40.18 	responsible for election day registration initial each completed registration application. 

40.19 	Sec. 36. Minnesota Statutes 2008, section 299A.45, subdivision 1, is amended to read:
40.20 		Subdivision 1.Eligibility. A person is eligible to receive educational benefits under 
40.21 	this section if the person:
40.22 	(1) is certified under section 299A.44 and in compliance with this section and rules 
40.23 	of the commissioner of public safety and the Minnesota Office of Higher Education;
40.24 	(2) is enrolled in an undergraduate degree or certificate program after June 30, 
40.25 	1990, at an eligible Minnesota institution as provided in section 136A.101, subdivision 
40.26 	4, or at a public postsecondary institution in another state that is subject to a reciprocity 
40.27 	agreement executed under section 136A.08;
40.28 	(3) has not received a baccalaureate degree or been enrolled full time for ten 
40.29 	semesters or the equivalent, except that a student who withdraws from enrollment for 
40.30 	active military service is entitled to an additional semester or the equivalent of eligibility; 
40.31 	and
40.32 	(4) is related in one of the following ways to a public safety officer killed in the 
40.33 	line of duty on or after January 1, 1973:
40.34 	(i) as a dependent child less than 23 years of age;
40.35 	(ii) as a surviving spouse; or
41.1 	(iii) as a dependent child less than 30 years of age who has served on active military 
41.2 	duty 181 consecutive days or more and has been honorably discharged or released to the 
41.3 	dependent child's reserve or National Guard unit.

41.4 	EFFECTIVE DATE. This section is effective the day following final enactment 
41.5 	and applies retroactively to July 1, 2008.

41.6 	Sec. 37. SYSTEM IMPROVEMENTS; MINNESOTA STATE COLLEGES AND 
41.7 	UNIVERSITIES.
 41.8 	The Board of Trustees of the Minnesota State Colleges and Universities is 
41.9 	encouraged to place a priority on identifying and implementing measures to improve the 
41.10 	human resources system used by the Minnesota State Colleges and Universities. One of 
41.11 	the goals of improving the human resources system is to provide seamless information on 
41.12 	faculty and employees to facilitate transfers between institutions.

41.13 	Sec. 38. IMPLEMENTATION OF TEXTBOOK INFORMATION 
41.14 	REQUIREMENTS.
 41.15 	The Minnesota Office of Higher Education must  report to the committees of 
41.16 	the legislature responsible for higher education finance by January 15, 2010, on the 
41.17 	implementation of textbook information requirements under United States Code, title 20, 
41.18 	section 1015b, effective July 1, 2010. In preparing the report, the office must work with 
41.19 	representatives of textbook publishers, the Student Advisory Council, Minnesota State 
41.20 	Colleges and Universities, the University of Minnesota, and the Private College Council. 
41.21 	At a minimum, the report must include a template that publishers may use to provide 
41.22 	the required information in a consistent format to all Minnesota campuses, and make 
41.23 	recommendations for methods to disseminate pricing information to support students and 
41.24 	faculty in making well informed decisions about course materials.

41.25 	Sec. 39. ACHIEVE SCHOLARSHIP FOR STUDENTS ELIGIBLE PRIOR TO 
41.26 	JANUARY 1, 2008.
 41.27 	A student who met the eligibility requirements for the achieve scholarship program 
41.28 	that existed prior to January 1, 2009, and who meets the requirements of Minnesota 
41.29 	Statutes, section 136A.127, that are effective for students who graduate on or after January 
41.30 	1, 2009, may receive a scholarship award under Minnesota Statutes, section 136A.127, for 
41.31 	an additional three consecutive award years of continuous college enrollment.
41.32 	A student who met the requirements to receive an achieve scholarship prior to 
41.33 	January 1, 2009, but did not receive the scholarship award and does not meet the eligibility 
42.1 	requirements on or after January 1, 2009, may be awarded a onetime scholarship of 
42.2 	$1,200. This section expires on December 31, 2012.

42.3 	Sec. 40. TEACHER EDUCATION REPORT.
 42.4 	The Minnesota Office of Higher Education and Minnesota Department of Education 
42.5 	must report on best practices in innovative teacher education programs and teacher 
42.6 	education research. The report must include, at a minimum, information on:
42.7 	(1) teacher education preparation program curricula that will prepare prospective 
42.8 	teachers to teach an increasingly diverse student population;
42.9 	(2) opportunities for mid-career professionals employed in professions in which 
42.10 	there is a shortage of teachers to pursue a teaching career; and
42.11 	(3) enhancing the ability of teachers to use technology in the classroom.
42.12 	The report must be submitted by June 15, 2010.

42.13 	Sec. 41. ORGANIZATIONAL DEADLINES FOR P-20 PARTNERSHIP.
 42.14 	The appointing authorities under Minnesota Statutes, section 127A.70, shall 
42.15 	complete their appointments no later than September 1, 2009. The chairs of the P-16 
42.16 	partnership shall convene the first meeting of the P-20 partnership no later than October 
42.17 	1, 2009.

42.18 	Sec. 42.  REPEALER.
 42.19 	Minnesota Statutes 2008, section 136A.127, subdivisions 8 and 13, are repealed.

42.20 	ARTICLE 3
42.21 	ORAL HEALTH CARE PRACTITIONERS

42.22 	Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a 
42.23 	subdivision to read:
42.24 		Subd. 6b.Oral health practitioner. "Oral health practitioner" means a person 
42.25 	licensed under this chapter to perform the services authorized under section 150A.105 or 
42.26 	any other services authorized under this chapter.

42.27 	Sec. 2. Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision 
42.28 	to read:
42.29 		Subd. 6c.Dental therapist. "Dental therapist" means a person licensed under this 
42.30 	chapter to perform the services authorized under section 150A.106 or any other services 
42.31 	authorized under this chapter.

43.1 	Sec. 3. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision 
43.2 	to read:
43.3 		Subd. 1b.Practice of oral health practitioners. A person shall be deemed to be 
43.4 	practicing as an oral health practitioner within the meaning of this chapter who:
43.5 	(1) works under the supervision of a Minnesota-licensed dentist under a collaborative 
43.6 	management agreement as specified under section 150A.105;
43.7 	(2) practices in settings that serve low-income, uninsured, and underserved patients 
43.8 	or are located in dental health professional shortage areas; and
43.9 	(3) provides oral health care services, including preventive, primary diagnostic, 
43.10 	educational, palliative, therapeutic, and restorative services as authorized under section 
43.11 	150A.105 and within the context of a collaborative management agreement.

43.12 	Sec. 4. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision 
43.13 	to read:
43.14 		Subd. 1c.Practice of dental therapy. A person shall be deemed to be practicing 
43.15 	dental therapy within the meaning of sections 150A.01 to 150A.12 who:
43.16 	(1) works under the supervision of a Minnesota-licensed dentist as specified under 
43.17 	section 150A.106;
43.18 	(2) practices in settings that serve low-income and underserved patients or are 
43.19 	located in dental health professional shortage areas; and
43.20 	(3) provides oral health care services, including preventive, evaluative, and 
43.21 	educational services as authorized under section 150A.106 and within the context of 
43.22 	a collaborative management agreement.

43.23 	Sec. 5. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
43.24 		Subd. 2.Exemptions and exceptions of certain practices and operations.
 43.25 	Sections 150A.01 to 150A.12 do not apply to:  
43.26 	(1) the practice of dentistry or dental hygiene in any branch of the armed services of 
43.27 	the United States, the United States Public Health Service, or the United States Veterans 
43.28 	Administration;
43.29 	(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate 
43.30 	dental students, oral health practitioner students, dental therapy students, dental hygiene 
43.31 	students, and dental assisting students of the University of Minnesota, schools of dental 
43.32 	hygiene, schools with an oral health practitioner education program accredited under 
43.33 	section 150A.06, schools with a dental therapy education program, or schools of dental 
43.34 	assisting approved by the board, when acting under the direction and supervision of a 
44.1 	licensed dentist, a licensed oral health practitioner, a licensed dental therapist,  or a licensed 
44.2 	dental hygienist acting as an instructor;
44.3 	(3) the practice of dentistry by licensed dentists of other states or countries while 
44.4 	appearing as clinicians under the auspices of a duly approved dental school or college, or a 
44.5 	reputable dental society, or a reputable dental study club composed of dentists;
44.6 	(4) the actions of persons while they are taking examinations for licensure or 
44.7 	registration administered or approved by the board pursuant to sections 150A.03, 
44.8 	subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;  
44.9 	(5) the practice of dentistry by dentists and dental hygienists licensed by other states 
44.10 	during their functioning as examiners responsible for conducting licensure or registration 
44.11 	examinations administered by regional and national testing agencies with whom the 
44.12 	board is authorized to affiliate and participate under section 150A.03, subdivision 1, 
44.13 	and the practice of dentistry by the regional and national testing agencies during their 
44.14 	administering examinations pursuant to section 150A.03, subdivision 1;  
44.15 	(6) the use of X-rays or other diagnostic imaging modalities for making radiographs 
44.16 	or other similar records in a hospital under the supervision of a physician or dentist or 
44.17 	by a person who is credentialed to use diagnostic imaging modalities or X-ray machines 
44.18 	for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing 
44.19 	agency other than the Board of Dentistry; or
44.20 	(7) the service, other than service performed directly upon the person of a patient, of 
44.21 	constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, 
44.22 	splint, orthodontic, prosthetic, or other dental appliance, when performed according to 
44.23 	a written work order from a licensed dentist or a licensed oral health practitioner in 
44.24 	accordance with section 150A.10, subdivision 3.  

44.25 	Sec. 6. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
44.26 	to read:
44.27 		Subd. 1d.Oral health practitioners. A person of good moral character who has 
44.28 	graduated with a baccalaureate degree or a master's degree from an oral health practitioner 
44.29 	education program that has been approved by the board or accredited by the American 
44.30 	Dental Association Commission on Dental Accreditation or another board-approved 
44.31 	national accreditation organization may apply for licensure. 
44.32 	The applicant must submit an application and fee as prescribed by the board and a 
44.33 	diploma or certificate from an oral health practitioner education program. Prior to being 
44.34 	licensed, the applicant must pass a comprehensive, competency-based clinical examination 
44.35 	that is approved by the board and administered independently of an institution providing 
45.1 	oral health practitioner education. The applicant must also pass an examination testing 
45.2 	the applicant's knowledge of the Minnesota laws and rules relating to the practice of 
45.3 	dentistry. An applicant who has failed the clinical examination twice is ineligible to retake 
45.4 	the clinical examination until further education and training are obtained as specified by 
45.5 	the board. A separate, nonrefundable fee may be charged for each time a person applies. 
45.6 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
45.7 	professional ethical conduct requirements, and meets all the other requirements of the 
45.8 	board shall be licensed as an oral health practitioner.

45.9 	Sec. 7. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
45.10 	to read:
45.11 		Subd. 1e.Dental therapists. A person of good moral character who has graduated 
45.12 	from a dental therapy education program in a dental school or dental college accredited 
45.13 	by the American Dental Association Commission on Dental Accreditation may apply 
45.14 	for licensure.
45.15 	The applicant must submit an application and fee as prescribed by the board and a 
45.16 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
45.17 	the applicant must pass a comprehensive, competency-based clinical examination that is 
45.18 	approved by the board and administered independently of an institution providing dental 
45.19 	therapy education. The applicant must also pass an examination testing the applicant's 
45.20 	knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of 
45.21 	the board. An applicant is ineligible to retake the clinical examination required by the 
45.22 	board after failing it twice until further education and training are obtained as specified by 
45.23 	board rule. A separate, nonrefundable fee may be charged for each time a person applies. 
45.24 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
45.25 	professional ethical conduct requirements, and meets all the other requirements of the 
45.26 	board shall be licensed as a dental therapist.

45.27 	Sec. 8. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
45.28 	to read:
45.29 		Subd. 1f.Resident dental providers. A person who is a graduate of an 
45.30 	undergraduate program and is an enrolled graduate student of an advanced dental 
45.31 	education program shall obtain from the board a license to practice as a resident dental 
45.32 	hygienist or oral health practitioner. The license must be designated "resident dental 
45.33 	provider license" and authorizes the licensee to practice only under the supervision of a 
45.34 	licensed dentist or licensed oral health practitioner. A resident dental provider license 
46.1 	must be renewed annually by the board. An applicant for a resident dental provider license 
46.2 	shall pay a nonrefundable fee set by the board for issuing and renewing the license. The 
46.3 	requirements of sections 150A.01 to 150A.21 apply to resident dental providers except as 
46.4 	specified in rules adopted by the board. A resident dental provider license does not qualify 
46.5 	a person for licensure under subdivision 1d or 2. 

46.6 	Sec. 9. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
46.7 		Subd. 2d.Continuing education and professional development waiver. (a) The 
46.8 	board shall grant a waiver to the continuing education requirements under this chapter for 
46.9 	a licensed dentist, licensed oral health practitioner, a licensed dental therapist, licensed 
46.10 	dental hygienist, or registered dental assistant who documents to the satisfaction of the 
46.11 	board that the dentist, oral health practitioner, a dental therapist, dental hygienist, or 
46.12 	registered dental assistant has retired from active practice in the state and limits the 
46.13 	provision of dental care services to those offered without compensation in a public 
46.14 	health, community, or tribal clinic or a nonprofit organization that provides services to 
46.15 	the indigent or to recipients of medical assistance, general assistance medical care, or 
46.16 	MinnesotaCare programs.
46.17 	(b) The board may require written documentation from the volunteer and retired 
46.18 	dentist, oral health practitioner, a dental therapist, dental hygienist, or registered dental 
46.19 	assistant prior to granting this waiver.
46.20 	(c) The board shall require the volunteer and retired dentist, oral health practitioner, 
46.21 	dental therapist, dental hygienist, or registered dental assistant to meet the following 
46.22 	requirements:
46.23 	(1) a licensee or registrant seeking a waiver under this subdivision must complete 
46.24 	and document at least five hours of approved courses in infection control, medical 
46.25 	emergencies, and medical management for the continuing education cycle; and
46.26 	(2) provide documentation of certification in advanced or basic cardiac life support 
46.27 	recognized by the American Heart Association, the American Red Cross, or an equivalent 
46.28 	entity.

46.29 	Sec. 10. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
46.30 		Subd. 5.Fraud in securing licenses or registrations. Every person implicated 
46.31 	in employing fraud or deception in applying for or securing a license or registration to 
46.32 	practice dentistry, dental hygiene, ordental therapy, or  dental assisting, or as an oral health 
46.33 	practitioner  or in annually renewing a license or registration under sections 150A.01 to 
46.34 	150A.12 is guilty of a gross misdemeanor. 

47.1 	Sec. 11. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
47.2 		Subd. 6.Display of name and certificates. The initial license and subsequent 
47.3 	renewal, or current registration certificate, of every dentist, oral health practitioner, a dental 
47.4 	therapist, dental hygienist, or dental assistant shall be conspicuously displayed in every 
47.5 	office in which that person practices, in plain sight of patients. Near or on the entrance 
47.6 	door to every office where dentistry is practiced, the name of each dentist practicing there, 
47.7 	as inscribed on the current license certificate, shall be displayed in plain sight.

47.8 	Sec. 12. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
47.9 		Subdivision 1.Grounds. The board may refuse or by order suspend or revoke, limit 
47.10 	or modify by imposing conditions it deems necessary, anythe license to practice dentistry 
47.11 	or dental hygieneof a dentist, oral health practitioner, dental therapist, or dental hygienist, 
47.12 	or the registration of any dental assistant upon any of the following grounds:
47.13 	(1) fraud or deception in connection with the practice of dentistry or the securing of 
47.14 	a license or registration certificate;
47.15 	(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no 
47.16 	contest plea, in any court of a felony or gross misdemeanor reasonably related to the 
47.17 	practice of dentistry as evidenced by a certified copy of the conviction;
47.18 	(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a 
47.19 	no contest plea, in any court of an offense involving moral turpitude as evidenced by a 
47.20 	certified copy of the conviction;
47.21 	(4) habitual overindulgence in the use of intoxicating liquors;
47.22 	(5) improper or unauthorized prescription, dispensing, administering, or personal 
47.23 	or other use of any legend drug as defined in chapter 151, of any chemical as defined in 
47.24 	chapter 151, or of any controlled substance as defined in chapter 152;
47.25 	(6) conduct unbecoming a person licensed to practice dentistry, dental therapy,
47.26 	or dental hygiene or as an oral health practitioner or registered as a dental assistant, or 
47.27 	conduct contrary to the best interest of the public, as such conduct is defined by the rules 
47.28 	of the board;
47.29 	(7) gross immorality;
47.30 	(8) any physical, mental, emotional, or other disability which adversely affects a 
47.31 	dentist's, oral health practitioner's, dental therapist's, dental hygienist's, or registered dental 
47.32 	assistant's ability to perform the service for which the person is licensed or registered;
47.33 	(9) revocation or suspension of a license, registration, or equivalent authority to 
47.34 	practice, or other disciplinary action or denial of a license or registration application taken 
47.35 	by a licensing, registering, or credentialing authority of another state, territory, or country 
48.1 	as evidenced by a certified copy of the licensing authority's order, if the disciplinary action 
48.2 	or application denial was based on facts that would provide a basis for disciplinary action 
48.3 	under this chapter and if the action was taken only after affording the credentialed person 
48.4 	or applicant notice and opportunity to refute the allegations or pursuant to stipulation 
48.5 	or other agreement;
48.6 	(10) failure to maintain adequate safety and sanitary conditions for a dental office in 
48.7 	accordance with the standards established by the rules of the board;
48.8 	(11) employing, assisting, or enabling in any manner an unlicensed person to 
48.9 	practice dentistry;
48.10 	(12) failure or refusal to attend, testify, and produce records as directed by the board 
48.11 	under subdivision 7;
48.12 	(13) violation of, or failure to comply with, any other provisions of sections 150A.01
48.13 	to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the 
48.14 	board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any 
48.15 	other just cause related to the practice of dentistry. Suspension, revocation, modification 
48.16 	or limitation of any license shall not be based upon any judgment as to therapeutic or 
48.17 	monetary value of any individual drug prescribed or any individual treatment rendered, 
48.18 	but only upon a repeated pattern of conduct; 
48.19 	(14) knowingly providing false or misleading information that is directly related 
48.20 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
48.21 	administration of a placebo; or
48.22 	(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
48.23 	established by any of the following: 
48.24 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
48.25 	violation of section 609.215, subdivision 1 or 2; 
48.26 	(ii) a copy of the record of a judgment of contempt of court for violating an 
48.27 	injunction issued under section 609.215, subdivision 4; 
48.28 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
48.29 	subdivision 5; or 
48.30 	(iv) a finding by the board that the person violated section 609.215, subdivision 
48.31 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
48.32 	subdivision 1 or 2. 

48.33 	Sec. 13. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
48.34 		Subd. 3a.Costs; additional penalties. (a) The board may impose a civil penalty 
48.35 	not exceeding $10,000 for each separate violation, the amount of the civil penalty to 
49.1 	be fixed so as to deprive a licensee or registrant of any economic advantage gained by 
49.2 	reason of the violation, to discourage similar violations by the licensee or registrant or any 
49.3 	other licensee or registrant, or to reimburse the board for the cost of the investigation and 
49.4 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
49.5 	Administrative Hearings, legal and investigative services provided by the Office of the 
49.6 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
49.7 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
49.8 	staff and board members.
49.9 	(b) In addition to costs and penalties imposed under paragraph (a), the board may 
49.10 	also:
49.11 	(1) order the dentist, oral health practitioner, dental therapist, dental hygienist, or 
49.12 	dental assistant to provide unremunerated service;
49.13 	(2) censure or reprimand the dentist, oral health practitioner, dental therapist, dental 
49.14 	hygienist, or dental assistant; or
49.15 	(3) any other action as allowed by law and justified by the facts of the case.

49.16 	Sec. 14. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
49.17 		Subd. 5.Medical examinations. If the board has probable cause to believe that 
49.18 	a dentist, oral health practitioner, dental therapist, dental hygienist, registered dental 
49.19 	assistant, or applicant engages in acts described in subdivision 1, clause (4) or (5), or 
49.20 	has a condition described in subdivision 1, clause (8), it shall direct the dentist, oral 
49.21 	health practitioner, dental therapist, dental hygienist, assistant, or applicant to submit to a 
49.22 	mental or physical examination or a chemical dependency assessment. For the purpose 
49.23 	of this subdivision, every dentist, oral health practitioner, dental therapist, hygienist, or 
49.24 	assistant licensed or registered under this chapter or person submitting an application for a 
49.25 	license or registration is deemed to have given consent to submit to a mental or physical 
49.26 	examination when directed in writing by the board and to have waived all objections 
49.27 	in any proceeding under this section to the admissibility of the examining physician's 
49.28 	testimony or examination reports on the ground that they constitute a privileged 
49.29 	communication. Failure to submit to an examination without just cause may result in an 
49.30 	application being denied or a default and final order being entered without the taking of 
49.31 	testimony or presentation of evidence, other than evidence which may be submitted by 
49.32 	affidavit, that the licensee, registrant, or applicant did not submit to the examination. 
49.33 	A dentist, oral health practitioner, dental therapist, dental hygienist, registered dental 
49.34 	assistant, or applicant affected under this section shall at reasonable intervals be afforded 
49.35 	an opportunity to demonstrate ability to start or resume the competent practice of dentistry 
50.1 	or perform the duties of aan oral health practitioner, dental therapist, dental hygienist, or 
50.2 	registered dental assistant with reasonable skill and safety to patients. In any proceeding 
50.3 	under this subdivision, neither the record of proceedings nor the orders entered by the 
50.4 	board is admissible, is subject to subpoena, or may be used against the dentist, oral health 
50.5 	practitioner, dental therapist, dental hygienist, registered dental assistant, or applicant in 
50.6 	any proceeding not commenced by the board. Information obtained under this subdivision 
50.7 	shall be classified as private pursuant to the Minnesota Government Data Practices Act.

50.8 	Sec. 15. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
50.9 		Subdivision 1.Registration information and procedure. On or before the license 
50.10 	or registration certificate expiration date every licensed dentist, oral health practitioner, 
50.11 	dental therapist, dental hygienist, and registered dental assistant shall transmit to the 
50.12 	executive secretary of the board, pertinent information required by the board, together 
50.13 	with the fee established by the board. At least 30 days before a license or registration 
50.14 	certificate expiration date, the board shall send a written notice stating the amount and due 
50.15 	date of the fee and the information to be provided to every licensed dentist, oral health 
50.16 	practitioner, dental therapist, dental hygienist, and registered dental assistant.

50.17 	Sec. 16. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
50.18 		Subd. 3.Current address, change of address. Every dentist, oral health 
50.19 	practitioner, dental therapist, dental hygienist, and registered dental assistant shall 
50.20 	maintain with the board a correct and current mailing address. For dentists engaged in the 
50.21 	practice of dentistry, the address shall be that of the location of the primary dental practice. 
50.22 	Within 30 days after changing addresses, every dentist, oral health practitioner, dental 
50.23 	therapist, dental hygienist, and registered dental assistant shall provide the board written 
50.24 	notice of the new address either personally or by first class mail.

50.25 	Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
50.26 		Subd. 2.Application fees. Each applicant for licensure or registration shall submit 
50.27 	with a license or registration application a nonrefundable fee in the following amounts in 
50.28 	order to administratively process an application:
50.29 	(1) dentist, $140;
50.30 	(2) limited faculty dentist, $140;
50.31 	(3) resident dentist, $55;
50.32 	(4) oral health practitioner, $100;
50.33 	(5) dental therapist, $100;
51.1 	(6) dental hygienist, $55;
51.2 	(5)(7) registered dental assistant, $35; and
51.3 	(6)(8) dental assistant with a limited registration, $15.

51.4 	Sec. 18. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
51.5 		Subd. 3.Initial license or registration fees. Along with the application fee, each of 
51.6 	the following licensees or registrants shall submit a separate prorated initial license or 
51.7 	registration fee. The prorated initial fee shall be established by the board based on the 
51.8 	number of months of the licensee's or registrant's initial term as described in Minnesota 
51.9 	Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
51.10 	(1) dentist, $14 times the number of months of the initial term;
51.11 	(2) oral health practitioner, $10 times the number of months of initial term;
51.12 	(3) dental therapist, $10 times the number of months of initial term;
51.13 	(4) dental hygienist, $5 times the number of months of the initial term;
51.14 	(3)(5) registered dental assistant, $3 times the number of months of initial term; and
51.15 	(4)(6) dental assistant with a limited registration, $1 times the number of months 
51.16 	of the initial term.

51.17 	Sec. 19. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
51.18 		Subd. 5.Biennial license or registration fees. Each of the following licensees or 
51.19 	registrants shall submit with a biennial license or registration renewal application a fee as 
51.20 	established by the board, not to exceed the following amounts:
51.21 	(1) dentist, $336;
51.22 	(2) oral health practitioner, $240;
51.23 	(3) dental therapist, $180;
51.24 	(4) dental hygienist, $118;
51.25 	(3)(5) registered dental assistant, $80; and
51.26 	(4)(6) dental assistant with a limited registration, $24.

51.27 	Sec. 20. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
51.28 		Subd. 8.Duplicate license or registration fee. Each licensee or registrant shall 
51.29 	submit, with a request for issuance of a duplicate of the original license or registration, or 
51.30 	of an annual or biennial renewal of it, a fee in the following amounts:
51.31 	(1) original dentist, oral health practitioner, dental therapist, or dental hygiene 
51.32 	license, $35; and
51.33 	(2) initial and renewal registration certificates and license renewal certificates, $10.

52.1 	Sec. 21. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to 
52.2 	read:
52.3 		Subd. 10.Reinstatement fee. No dentist, oral health practitioner, dental therapist, 
52.4 	dental hygienist, or registered dental assistant whose license or registration has been 
52.5 	suspended or revoked may have the license or registration reinstated or a new license or 
52.6 	registration issued until a fee has been submitted to the board in the following amounts:
52.7 	(1) dentist, $140;
52.8 	(2) oral health practitioner, $100;
52.9 	(3) dental therapist, $85;
52.10 	(4) dental hygienist, $55; and
52.11 	(3)(5) registered dental assistant, $35.

52.12 	Sec. 22. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
52.13 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
52.14 	public institution, or school authority may obtain services from a licensed dental hygienist. 
52.15 	SuchThe licensed dental hygienist may provide those services defined in section 150A.05, 
52.16 	subdivision 1a. SuchThe services provided shall not include the establishment of a final 
52.17 	diagnosis or treatment plan for a dental patient. SuchAll services shall be provided 
52.18 	under supervision of a licensed dentist. Any licensed dentist who shall permit any dental 
52.19 	service by a dental hygienist other than those authorized by the Board of Dentistry, shall 
52.20 	be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any such
52.21 	unauthorized dental service by a dental hygienist shall constitute a violation of sections 
52.22 	150A.01 to 150A.12.

52.23 	Sec. 23. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
52.24 		Subd. 2.Dental assistants. Every licensed dentist, oral health practitioner, and 
52.25 	dental therapist who uses the services of any unlicensed person for the purpose of 
52.26 	assistance in the practice of dentistry or dental therapy or within the practice of an oral 
52.27 	health practitioner shall be responsible for the acts of such unlicensed person while 
52.28 	engaged in such assistance. SuchThe dentist, oral health practitioner, or dental therapist
52.29 	shall permit suchthe unlicensed assistant to perform only those acts which are authorized 
52.30 	to be delegated to unlicensed assistants by the Board of Dentistry. SuchThe acts shall 
52.31 	be performed under supervision of a licensed dentist, licensed oral health practitioner, or 
52.32 	dental therapist. A licensed oral health practitioner or a licensed dental therapist shall not 
52.33 	supervise more than four registered dental assistants at any one practice setting. The 
52.34 	board may permit differing levels of dental assistance based upon recognized educational 
53.1 	standards, approved by the board, for the training of dental assistants. The board may also 
53.2 	define by rule the scope of practice of registered and nonregistered dental assistants. The 
53.3 	board by rule may require continuing education for differing levels of dental assistants, 
53.4 	as a condition to their registration or authority to perform their authorized duties. Any 
53.5 	licensed dentist, oral health practitioner, or dental therapist who shall permit suchpermits 
53.6 	an unlicensed assistant to perform any dental service other than that authorized by the 
53.7 	board shall be deemed to be enabling an unlicensed person to practice dentistry, and 
53.8 	commission of such an act by suchan unlicensed assistant shall constitute a violation 
53.9 	of sections 150A.01 to 150A.12.  

53.10 	Sec. 24. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
53.11 		Subd. 3.Dental technicians. Every licensed dentist, oral health practitioner, and 
53.12 	dental therapist who uses the services of any unlicensed person, other than under the 
53.13 	dentist's or oral health practitioner's supervision and within such dentist's own office the 
53.14 	same practice setting, for the purpose of constructing, altering, repairing or duplicating 
53.15 	any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental 
53.16 	appliance, shall be required to furnish such unlicensed person with a written work order 
53.17 	in such form as shall be prescribed by the rules of the board; said. The work order shall 
53.18 	be made in duplicate form, a duplicate copy to be retained in a permanent file inof the 
53.19 	dentist's officedentist or oral health practitioner at the practice setting for a period of two 
53.20 	years, and the original to be retained in a permanent file for a period of two years by 
53.21 	suchthe unlicensed person in that person's place of business. SuchThe permanent file 
53.22 	of work orders to be kept by suchthe dentist, oral health practitioner, or by suchthe 
53.23 	unlicensed person shall be open to inspection at any reasonable time by the board or 
53.24 	its duly constituted agent.

53.25 	Sec. 25. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
53.26 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2, 
53.27 	a licensed dental hygienist or a registered dental assistant may perform the following 
53.28 	restorative procedures:
53.29 	(1) place, contour, and adjust amalgam restorations;
53.30 	(2) place, contour, and adjust glass ionomer;
53.31 	(3) adapt and cement stainless steel crowns; and
53.32 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
53.33 	where the margins are entirely within the enamel.
53.34 	(b) The restorative procedures described in paragraph (a) may be performed only if:
54.1 	(1) the licensed dental hygienist or the registered dental assistant has completed a 
54.2 	board-approved course on the specific procedures;
54.3 	(2) the board-approved course includes a component that sufficiently prepares the 
54.4 	dental hygienist or registered dental assistant to adjust the occlusion on the newly placed 
54.5 	restoration;
54.6 	(3) a licensed dentist or licensed oral health practitioner has authorized the procedure 
54.7 	to be performed; and
54.8 	(4) a licensed dentist or licensed oral health practitioner is available in the clinic 
54.9 	while the procedure is being performed.
54.10 	(c) The dental faculty who teaches the educators of the board-approved courses 
54.11 	specified in paragraph (b) must have prior experience teaching these procedures in an 
54.12 	accredited dental education program.

54.13 	Sec. 26. [150A.105] ORAL HEALTH PRACTITIONER.
54.14 		Subdivision 1.General. An oral health practitioner licensed under this chapter 
54.15 	may practice under the supervision of a Minnesota-licensed dentist pursuant to a written 
54.16 	collaborative management agreement and the requirements of this chapter.
54.17 		Subd. 2.Limited practice settings. An oral health practitioner licensed under this 
54.18 	chapter is limited to primarily practicing in settings that serve low-income, uninsured, and 
54.19 	underserved patients or are located in a dental health professional shortage area.
54.20 		Subd. 3.Collaborative management agreement. (a) Prior to performing any of 
54.21 	the services authorized under this chapter, an oral health practitioner must enter into 
54.22 	a written collaborative management agreement with a Minnesota-licensed dentist. The 
54.23 	agreement must include:
54.24 	(1) practice settings where services may be provided and the populations to be 
54.25 	served;
54.26 	(2) any limitations on the services that may be provided by the oral health 
54.27 	practitioner, including the level of supervision required by the collaborating dentist and 
54.28 	consultation criteria;
54.29 	(3) age and procedure specific practice protocols, including case selection criteria, 
54.30 	examination guidelines, and imaging frequency;
54.31 	(4) a procedure for creating and maintaining dental records for the patients that 
54.32 	are treated by the oral health practitioner;
54.33 	(5) a plan to manage medical emergencies in each practice setting where the oral 
54.34 	health practitioner provides care;
55.1 	(6) a quality assurance plan for monitoring care provided by the oral health 
55.2 	practitioner, including patient care review, referral follow-up, and a quality assurance 
55.3 	chart review;
55.4 	(7) protocols for prescribing, administering, and dispensing medications authorized 
55.5 	under subdivision 5, including the specific conditions and circumstances under which 
55.6 	these medications are to be prescribed, dispensed, and administered;
55.7 	(8) criteria relating to the provision of care to patients with specific medical 
55.8 	conditions or complex medication histories, including any requirements for consultation 
55.9 	prior to the initiation of care;
55.10 	(9) criteria for the supervision of allied dental personnel;
55.11 	(10) a plan for the provision of clinical referrals in situations that are beyond the 
55.12 	diagnostic or treatment capabilities of the oral health practitioner; and
55.13 	(11) a description of any financial arrangement, if applicable, between the oral 
55.14 	health practitioner and collaborating dentist.
55.15 	(b) A collaborating dentist must be licensed and practicing in Minnesota. The 
55.16 	collaborating dentist shall accept responsibility for all services authorized and performed 
55.17 	by the oral health practitioner under the collaborative management agreement. Any 
55.18 	licensed dentist who permits an oral health practitioner to perform a dental service other 
55.19 	than those authorized under this section or by the board or any oral health practitioner who 
55.20 	performs unauthorized services violates sections 150A.01 to 150A.12.
55.21 	(c) Both the collaborating dentist and the oral health practitioner must maintain 
55.22 	professional liability coverage. Proof of professional liability coverage shall be submitted 
55.23 	to the board as part of the collaborative management agreement.
55.24 	(d) Collaborative management agreements must be signed and maintained by the 
55.25 	collaborating dentist and the oral health practitioner. Agreements must be reviewed, 
55.26 	updated, and submitted to the board on an annual basis.
55.27 	(e) A collaborating dentist shall accept any patient referred by the oral health 
55.28 	practitioner or have a referral process for patients that are referred by the oral health 
55.29 	practitioner.
55.30 	(f) A collaborating dentist must conduct periodic oversight reviews of each oral 
55.31 	health practitioner with whom the dentist has entered into a collaborative management 
55.32 	agreement.
55.33 		Subd. 4.Scope of practice. (a) A licensed oral health practitioner may perform 
55.34 	dental services as authorized under this section within the parameters of the collaborative 
55.35 	management agreement.
56.1 	(b) The services a licensed oral health practitioner may perform include preventive, 
56.2 	primary diagnostic, educational, palliative, therapeutic, and restorative oral health services 
56.3 	as specified in paragraph (c), and within the parameters of the collaborative management 
56.4 	agreement.
56.5 	(c) A licensed oral health practitioner may perform the following services under 
56.6 	general supervision, unless restricted or prohibited in the collaborative management 
56.7 	agreement:
56.8 	(1) preventive, palliative, diagnostic, and assessment services:
56.9 	(i) oral health instruction and disease prevention education, including nutritional 
56.10 	counseling and dietary analysis;
56.11 	(ii) diagnostic services, including an examination, evaluation, and assessment to 
56.12 	identify oral disease and conditions;
56.13 	(iii) formulation of a diagnosis and individualized treatment plan, including 
56.14 	preliminary charting of the oral cavity;
56.15 	(iv) taking of radiographs;
56.16 	(v) fabrication of athletic mouthguards;
56.17 	(vi) application of topical preventive or prophylactic agents, including fluoride 
56.18 	varnishes and pit and fissure sealants;
56.19 	(vii) emergency palliative treatment of dental pain;
56.20 	(viii) pulp vitality testing;
56.21 	(ix) application of desensitizing medication or resin; and
56.22 	(x) space maintainer removal;
56.23 	(2) restorative services:
56.24 	(i) cavity preparation class I-IV;
56.25 	(ii) restoration of primary and permanent teeth class I-IV;
56.26 	(iii) placement of temporary crowns;
56.27 	(iv) placement of temporary restorations;
56.28 	(v) preparation and placement of preformed crowns;
56.29 	(vi) pulpotomies on primary teeth;
56.30 	(vii) indirect and direct pulp capping on primary and permanent teeth;
56.31 	(viii) repair of defective prosthetic appliances;
56.32 	(ix) recementing of permanent crowns;
56.33 	(x) administering nitrous oxide inhalation analgesia;
56.34 	(xi) administering injections of local anesthetic agents;
56.35 	(xii) soft-tissue reline and conditioning;
56.36 	(xiii) atraumatic restorative technique; and
57.1 	(xiv) opening permanent teeth for pulpal debridement and opening chamber; and
57.2 	(3) surgical services:
57.3 	(i) extractions of primary and permanent teeth;
57.4 	(ii) suture placement and removal;
57.5 	(iii) dressing change;
57.6 	(iv) brush biopsies;
57.7 	(v) tooth reimplantation and stabilization;
57.8 	(vi) abscess incision and drainage;
57.9 	(vii) placement of space maintainers; and
57.10 	(viii) fabrication of soft-occlusal guards.
57.11 	(d) For purposes of this section, "general supervision" has the meaning given in 
57.12 	Minnesota Rules, part 3100.0100, subpart 21.
57.13 		Subd. 5.Prescribing authority. (a) A licensed oral health practitioner may 
57.14 	prescribe, dispense, and administer the following drugs within the parameters of the 
57.15 	collaborative management agreement and within the scope of practice of the oral health 
57.16 	practitioner: analgesics, anti-inflammatories, and antibiotics.
57.17 	(b) The authority to prescribe, dispense, and administer shall extend only to the 
57.18 	categories of drugs identified in this subdivision, and may be further limited by the 
57.19 	collaborative management agreement.
57.20 	(c) The authority to dispense includes the authority to dispense sample drugs within 
57.21 	the categories identified in this subdivision if dispensing is permitted by the collaborative 
57.22 	management agreement.
57.23 	(d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited 
57.24 	from dispensing, prescribing, or administering a narcotic drug as defined in section 
57.25 	152.01, subdivision 10.
57.26 		Subd. 6.Application of other laws. A licensed oral health practitioner authorized 
57.27 	to practice under this chapter is not in violation of section 150A.05 as it relates to the 
57.28 	unauthorized practice of dentistry if the practice is authorized under this chapter and is 
57.29 	within the parameters of the collaborative management agreement.
57.30 		Subd. 7.Use of dental allied personnel. (a) A licensed oral health practitioner 
57.31 	may supervise registered and unregistered dental assistants to the extent permitted in the 
57.32 	collaborative management agreement and according to section 150A.10, subdivision 2.
57.33 	(b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to 
57.34 	supervising no more than four registered dental assistants at any one practice setting.
57.35 		Subd. 8.Definitions. (a) For the purposes of this section, the following definitions 
57.36 	apply.
58.1 	(b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
58.2 	(1) critical access dental provider settings as designated by the commissioner of 
58.3 	human services under section 256B.76, subdivision 4;
58.4 	(2) dental hygiene collaborative practice settings identified in section 150A.10, 
58.5 	subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state 
58.6 	correctional facilities, federally qualified health centers, and organizations eligible to 
58.7 	receive a community clinic grant under section 145.9268, subdivision 1;
58.8 	(3) military and veterans administration hospitals, clinics, and care settings;
58.9 	(4) a patient's residence or home when the patient is homebound or receiving or 
58.10 	eligible to receive home care services or home and community-based waivered services, 
58.11 	regardless of the patient's income; 
58.12 	(5) oral health educational institutions; or
58.13 	(6) any other clinic or practice setting, including mobile dental units, in which at 
58.14 	least 50 percent of the oral health practitioner's total patient base in that clinic or practice 
58.15 	setting are patients who:
58.16 	(i) are enrolled in a state public health care program;
58.17 	(ii) have a medical disability or chronic condition that creates a significant barrier 
58.18 	to receiving dental care;
58.19 	(iii) reside in geographically isolated or medically underserved areas; or
58.20 	(iv) do not have dental health coverage either through a state public health care 
58.21 	program or private insurance, and whose family gross income is equal to or less than 275 
58.22 	percent of the federal poverty guidelines.
58.23 	(c) "Dental health professional shortage area" means an area that meets the criteria 
58.24 	established by the secretary of the United States Department of Health and Human 
58.25 	Services and is designated as such under United States Code, title 42, section 254e.

58.26 	Sec. 27. [150A.106] DENTAL THERAPIST.
58.27 		Subdivision 1.General. A dental therapist licensed under this chapter shall practice 
58.28 	under the supervision of a Minnesota-licensed dentist and under the requirements of 
58.29 	this chapter.
58.30 		Subd. 2.Limited practice settings. A dental therapist licensed under this chapter is 
58.31 	limited to primarily practicing in settings that serve low-income and underserved patients 
58.32 	or in a dental health professional shortage area.
58.33 		Subd. 3.Collaborative management agreement. (a) Prior to performing any of 
58.34 	the services authorized under this chapter, a dental therapist must enter into a written 
59.1 	collaborative management agreement with a Minnesota-licensed dentist. The agreement 
59.2 	must include:
59.3 	(1) practice settings where services may be provided and the populations to be 
59.4 	served;
59.5 	(2) any limitations on the services that may be provided by the dental therapist, 
59.6 	including the level of supervision required by the collaborating dentist;
59.7 	(3) age and procedure specific practice protocols, including case selection criteria, 
59.8 	assessment guidelines, and imaging frequency;
59.9 	(4) a procedure for creating and maintaining dental records for the patients that 
59.10 	are treated by the dental therapist;
59.11 	(5) a plan to manage medical emergencies in each practice setting where the dental 
59.12 	therapist provides care;
59.13 	(6) a quality assurance plan for monitoring care provided by the dental therapist, 
59.14 	including patient care review, referral follow-up, and a quality assurance chart review;
59.15 	(7) protocols for administering and dispensing medications authorized under 
59.16 	subdivision 5, including the specific conditions and circumstance under which these 
59.17 	medications are to be dispensed and administered;
59.18 	(8) criteria relating to the provision of care to patients with specific medical 
59.19 	conditions or complex medication histories, including requirements for consultation prior 
59.20 	to the initiation of care;
59.21 	(9) supervision criteria of registered and nonregistered dental assistants; and
59.22 	(10) a plan for the provision of clinical resources and referrals in situations which 
59.23 	are beyond the capabilities of the dental therapist.
59.24 	(b) A collaborating dentist must be licensed and practicing in Minnesota. The 
59.25 	collaborating dentist shall accept responsibility for all services authorized and performed 
59.26 	by the dental therapist pursuant to the management agreement. Any licensed dentist who 
59.27 	permits a dental therapist to perform a dental service other than those authorized under 
59.28 	this section or by the board, or any dental therapist who performs an unauthorized service, 
59.29 	violates sections 150A.01 to 150A.12.
59.30 	(c) Collaborative management agreements must be signed and maintained by the 
59.31 	collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and 
59.32 	submitted to the board on an annual basis.
59.33 		Subd. 4.Scope of practice. (a) A licensed dental therapist may perform dental 
59.34 	services as authorized under this section within the parameters of the collaborative 
59.35 	management agreement.
60.1 	(b) The services authorized to be performed by a licensed dental therapist include 
60.2 	preventive, evaluative, and educational oral health services, as specified in paragraphs (c), 
60.3 	(d), and (e), and within the parameters of the collaborative management agreement.
60.4 	(c) A licensed dental therapist may perform the following preventive, evaluative, 
60.5 	and assessment services under general supervision, unless restricted or prohibited in 
60.6 	the collaborative management agreement:
60.7 	(1) oral health instruction and disease prevention education, including nutritional 
60.8 	counseling and dietary analysis;
60.9 	(2) assessment services, including an evaluation and assessment to identify oral 
60.10 	disease and conditions;
60.11 	(3) preliminary charting of the oral cavity;
60.12 	(4) making radiographs;
60.13 	(5) mechanical polishing;
60.14 	(6) application of topical preventive or prophylactic agents, including fluoride 
60.15 	varnishes and pit and fissure sealants;
60.16 	(7) pulp vitality testing; and
60.17 	(8) application of desensitizing medication or resin.
60.18 	(d) A licensed dental therapist may perform the following services under indirect 
60.19 	supervision:
60.20 	(1) fabrication of athletic mouthguards;
60.21 	(2) emergency palliative treatment of dental pain;
60.22 	(3) space maintainer removal;
60.23 	(4) restorative services:
60.24 	(i) cavity preparation class I-IV;
60.25 	(ii) restoration of primary and permanent teeth class I-IV;
60.26 	(iii) placement of temporary crowns;
60.27 	(iv) placement of temporary restorations;
60.28 	(v) preparation and placement of preformed crowns; and
60.29 	(vi) pulpotomies on primary teeth;
60.30 	(5) indirect and direct pulp capping on primary and permanent teeth;
60.31 	(6) fabrication of soft-occlusal guards;
60.32 	(7) soft-tissue reline and conditioning;
60.33 	(8) atraumatic restorative technique;
60.34 	(9) surgical services:
60.35 	(i) extractions of primary teeth;
60.36 	(ii) suture removal; and
61.1 	(iii) dressing change; 
61.2 	(10) tooth reimplantation and stabilization;
61.3 	(11) administration of local anesthetic; and
61.4 	(12) administration of nitrous oxide.
61.5 	(e) A licensed dental therapist may perform the following services under direct 
61.6 	supervision:
61.7 	(1) placement of space maintainers; and
61.8 	(2) recementing of permanent crowns.
61.9 	(f) For purposes of this section, "general supervision," "indirect supervision," 
61.10 	and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100, 
61.11 	subpart 21.
61.12 		Subd. 5.Dispensing authority. (a) A licensed dental therapist may dispense and 
61.13 	administer the following drugs within the parameters of the collaborative management 
61.14 	agreement and within the scope of practice of the dental therapist: analgesics, 
61.15 	anti-inflammatories, and antibiotics.
61.16 	(b) The authority to dispense and administer shall extend only to the categories 
61.17 	of drugs identified in this subdivision, and may be further limited by the collaborative 
61.18 	management agreement.
61.19 	(c) The authority to dispense includes the authority to dispense sample drugs within 
61.20 	the categories identified in this subdivision if dispensing is permitted by the collaborative 
61.21 	management agreement.
61.22 	(d) A licensed dental therapist is prohibited from dispensing or administering a 
61.23 	narcotic drug as defined in section 152.01, subdivision 10.
61.24 		Subd. 6.Application of other laws. A licensed dental therapist authorized to 
61.25 	practice under this chapter is not in violation of section 150A.05 as it relates to the 
61.26 	unauthorized practice of dentistry if the practice is authorized under this chapter and is 
61.27 	within the parameters of the collaborative management agreement.
61.28 		Subd. 7.Use of dental assistants. (a) A licensed dental therapist may supervise 
61.29 	registered and unregistered dental assistants to the extent permitted in the collaborative 
61.30 	management agreement and according to section 150A.10, subdivision 2.
61.31 	(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to 
61.32 	supervising no more than four registered dental assistants or nonregistered dental 
61.33 	assistants at any one practice setting.
61.34 		Subd. 8.Definitions. (a) For the purposes of this section, the following definitions 
61.35 	apply.
61.36 	(b) "Practice settings that serve the low-income and underserved" mean:
62.1 	(1) critical access dental provider settings as designated by the commissioner of 
62.2 	human services under section 256B.76, subdivision 4;
62.3 	(2) dental hygiene collaborative practice settings identified in section 150A.10, 
62.4 	subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities, 
62.5 	federally qualified health centers, and organizations eligible to receive a community clinic 
62.6 	grant under section 145.9268, subdivision 1;
62.7 	(3) military and veterans administration hospitals, clinics, and care settings;
62.8 	(4) a patient's residence or home when the patient is home-bound or receiving or 
62.9 	eligible to receive home care services or home and community-based waivered services, 
62.10 	regardless of the patient's income; 
62.11 	(5) oral health educational institutions; or
62.12 	(6) any other clinic or practice setting, including mobile dental units, in which at least 
62.13 	50 percent of the total patient base of the clinic or practice setting consists of patients who:
62.14 	(i) are enrolled in a Minnesota health care program;
62.15 	(ii) have a medical disability or chronic condition that creates a significant barrier to 
62.16 	receiving dental care; or
62.17 	(iii) do not have dental health coverage, either through a public health care program 
62.18 	or private insurance, and have an annual gross family income equal to or less than 200 
62.19 	percent of the federal poverty guidelines.
62.20 	(c) "Dental health professional shortage area" means an area that meets the criteria 
62.21 	established by the secretary of the United States Department of Health and Human 
62.22 	Services and is designated as such under United States Code, title 42, section 254e.

62.23 	Sec. 28. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
62.24 		Subd. 4.Dividing fees. It shall be unlawful for any dentist to divide fees with or 
62.25 	promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or 
62.26 	other person who calls the dentist in consultation or who sends patients to the dentist for 
62.27 	treatment, or operation, but nothing herein shall prevent licensed dentists from forming 
62.28 	a bona fide partnership for the practice of dentistry, nor to the actual employment by a 
62.29 	licensed dentist of, a licensed oral health practitioner, a licensed dental therapist, a licensed 
62.30 	dental hygienist or another licensed dentist.

62.31 	Sec. 29. Minnesota Statutes 2008, section 150A.12, is amended to read:
62.32 	150A.12 VIOLATION AND DEFENSES.
62.33 	Every person who violates any of the provisions of sections 150A.01 to 150A.12
62.34 	for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor; 
63.1 	and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in 
63.2 	the county jail for not more than one year or by both such fine and imprisonment. In the 
63.3 	prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not be 
63.4 	necessary to allege or prove lack of a valid license to practice dentistry or, dental hygiene, 
63.5 	or dental therapy, or as an oral health practitioner  but such matter shall be a matter of 
63.6 	defense to be established by the defendant.  

63.7 	Sec. 30. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
63.8 		Subdivision 1.Patient's name and Social Security number. Every complete 
63.9 	upper and lower denture and removable dental prosthesis fabricated by a dentist licensed 
63.10 	under section 150A.06, or fabricated pursuant to the dentist's or oral health practitioner's 
63.11 	work order, shall be marked with the name and Social Security number of the patient for 
63.12 	whom the prosthesis is intended. The markings shall be done during fabrication and shall 
63.13 	be permanent, legible and cosmetically acceptable. The exact location of the markings 
63.14 	and the methods used to apply or implant them shall be determined by the dentist, oral 
63.15 	health practitioner,  or dental laboratory fabricating the prosthesis. If in the professional 
63.16 	judgment of the dentist, oral health practitioner,  or dental laboratory, this identification is 
63.17 	not practicable, identification shall be provided as follows:  
63.18 	(a) The Social Security number of the patient may be omitted if the name of the 
63.19 	patient is shown;
63.20 	(b) The initials of the patient may be shown alone, if use of the name of the patient is 
63.21 	impracticable;
63.22 	(c) The identification marks may be omitted in their entirety if none of the forms of 
63.23 	identification specified in clauses (a) and (b) are practicable or clinically safe.

63.24 	Sec. 31. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
63.25 		Subd. 4.Failure to comply. Failure of any dentist or oral health practitioner to 
63.26 	comply with this section shall be deemed to be a violation for which the dentist or oral 
63.27 	health practitioner may be subject to proceedings pursuant to section 150A.08, provided 
63.28 	the dentist or oral health practitioner is charged with the violation within two years of 
63.29 	initial insertion of the dental prosthetic device.  

63.30 	Sec. 32. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
63.31 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
63.32 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
63.33 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes 
64.1 	of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f), 
64.2 	and 151.461, "practitioner" also means a physician assistant authorized to prescribe, 
64.3 	dispense, and administer under chapter 147A, or an advanced practice nurse authorized 
64.4 	to prescribe, dispense, and administer under section 148.235, or a licensed oral health 
64.5 	practitioner authorized to prescribe, dispense, and administer under chapter 150A. For 
64.6 	purposes of sections 151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and 
64.7 	151.461, "practitioner" also means a dental therapist authorized to dispense and administer 
64.8 	under chapter 150A.

64.9 	Sec. 33. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
64.10 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
64.11 	professional practice only, may prescribe, administer, and dispense a legend drug, 
64.12 	and may cause the same to be administered by a nurse, a physician assistant, an oral 
64.13 	health practitioner, or medical student or resident under the practitioner's direction and 
64.14 	supervision, and may cause a person who is an appropriately certified, registered, or 
64.15 	licensed health care professional to prescribe, dispense, and administer the same within 
64.16 	the expressed legal scope of the person's practice as defined in Minnesota Statutes. A 
64.17 	licensed practitioner may prescribe a legend drug, without reference to a specific patient, 
64.18 	by directing a nurse, pursuant to section 148.235, subdivisions 8 and 9, an oral health 
64.19 	practitioner under chapter 150A, a physician assistant, or a medical student or resident to 
64.20 	adhere to a particular practice guideline or protocol when treating patients whose condition 
64.21 	falls within such guideline or protocol, and when such guideline or protocol specifies the 
64.22 	circumstances under which the legend drug is to be prescribed and administered. An 
64.23 	individual who verbally, electronically, or otherwise transmits a written, oral, or electronic 
64.24 	order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug. 
64.25 	This paragraph applies to a physician assistant only if the physician assistant meets the 
64.26 	requirements of section 147A.18.
64.27 	(b) A licensed practitioner that dispenses for profit a legend drug that is to be 
64.28 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
64.29 	file with the practitioner's licensing board a statement indicating that the practitioner 
64.30 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
64.31 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
64.32 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
64.33 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
64.34 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
64.35 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
65.1 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
65.2 	making the drug available if the legend drug requires compounding, packaging, or other 
65.3 	treatment. The statement filed under this paragraph is public data under section 13.03. 
65.4 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
65.5 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
65.6 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
65.7 	To dispense for profit does not include dispensing by a community health clinic when the 
65.8 	profit from dispensing is used to meet operating expenses.
65.9 	(c) A prescription or drug order for the following drugs is not valid, unless it can be 
65.10 	established that the prescription or order was based on a documented patient evaluation, 
65.11 	including an examination, adequate to establish a diagnosis and identify underlying 
65.12 	conditions and contraindications to treatment:
65.13 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
65.14 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
65.15 	152.02, subdivisions 7, 8, and 12;
65.16 	(3) muscle relaxants;
65.17 	(4) centrally acting analgesics with opioid activity;
65.18 	(5) drugs containing butalbital; or
65.19 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
65.20 	(d) For the purposes of paragraph (c), the requirement for an examination shall be 
65.21 	met if an in-person examination has been completed in any of the following circumstances:
65.22 	(1) the prescribing practitioner examines the patient at the time the prescription 
65.23 	or drug order is issued;
65.24 	(2) the prescribing practitioner has performed a prior examination of the patient;
65.25 	(3) another prescribing practitioner practicing within the same group or clinic as the 
65.26 	prescribing practitioner has examined the patient;
65.27 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
65.28 	patient has examined the patient; or
65.29 	(5) the referring practitioner has performed an examination in the case of a 
65.30 	consultant practitioner issuing a prescription or drug order when providing services by 
65.31 	means of telemedicine.
65.32 	(e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing 
65.33 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
65.34 	(f) Nothing in this chapter prohibits a licensed practitioner from issuing a 
65.35 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
66.1 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
66.2 	United States Centers for Disease Control.
66.3 	(g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing 
66.4 	of legend drugs through a public health clinic or other distribution mechanism approved 
66.5 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
66.6 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
66.7 	biological, chemical, or radiological agent.
66.8 	(h) No pharmacist employed by, under contract to, or working for a pharmacy 
66.9 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
66.10 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
66.11 	valid under paragraph (c).
66.12 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
66.13 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
66.14 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
66.15 	expected to know, is not valid under paragraph (c).

66.16 	Sec. 34. IMPACT OF ORAL HEALTH PRACTITIONERS AND DENTAL 
66.17 	THERAPISTS.
 66.18 	(a) The Board of Dentistry shall evaluate the impact of the use of oral health 
66.19 	practitioners and dental therapists on the delivery of and access to dental services. 
66.20 	The board shall report to the chairs and ranking minority members of the legislative 
66.21 	committees with jurisdiction over health care by January 15, 2014:
66.22 	(1) the number of oral health practitioners and dental therapists annually licensed 
66.23 	by the board beginning in 2011;
66.24 	(2) the settings where licensed oral health practitioners and dental therapists are 
66.25 	practicing and the populations being served;
66.26 	(3) the number of complaints filed against oral health practitioners and dental 
66.27 	therapists and the basis for each complaint; and
66.28 	(4) the number of disciplinary actions taken against oral health practitioners and 
66.29 	dental therapists.
66.30 	(b) The board, in consultation with the Department of Human Services, shall also 
66.31 	include the number and type of dental services that were performed by oral health 
66.32 	practitioners and dental therapists and reimbursed by the state under the Minnesota state 
66.33 	health care programs for the 2013 fiscal year.
66.34 	(c) The Board of Dentistry, in consultation with the Department of Health, shall 
66.35 	develop an evaluation process that focuses on assessing the impact of oral health 
67.1 	practitioners and dental therapists in terms of patient safety, cost effectiveness, and access 
67.2 	to dental services. The process shall focus on the following outcome measures:
67.3 	(1) number of new patients served;
67.4 	(2) reduction in waiting times for needed services;
67.5 	(3) decreased travel time for patients;
67.6 	(4) impact on emergency room usage for dental care; and
67.7 	(5) costs to the public health care system.
67.8 	(d) The evaluation process shall be used by the board in the report required in 
67.9 	paragraph (a) and shall expire January 1, 2014.

67.10 	Sec. 35.  REPEALER.
 67.11 	Minnesota Statutes 2008, section 150A.061, is repealed.