1.1 	A bill for an act
1.2 	relating to higher education; amending postsecondary education provisions; 
1.3 	regulating course equivalency guides; requiring notice to prospective students; 
1.4 	requiring certain information be provided; providing for sale of American made 
1.5 	clothing; amending Minnesota Office of Higher Education responsibilities and 
1.6 	provisions; providing for a resident stating appeal; establishing programs; 
1.7 	defining terms; regulating grants, scholarships, and work-study; requiring an 
1.8 	annual certificate; regulating certain board and council membership provisions; 
1.9 	requiring job placement impact reviews; regulating state-owned facilities; 
1.10 	regulating dental therapists; establishing fees; providing criminal penalties; 
1.11 	requiring reports; regulating certain appropriations; establishing an account; 
1.12 	providing for proceeds of certain sale of property; appropriating money;
1.13 	amending Minnesota Statutes 2008, sections 135A.08, subdivision 1; 135A.25, 
1.14 	subdivision 4; 136A.01, subdivision 2; 136A.06; 136A.08, subdivision 1, 
1.15 	by adding a subdivision; 136A.101, subdivision 4; 136A.121, subdivision 
1.16 	9, by adding subdivisions; 136A.127, subdivisions 2, 4, 9, 14, by adding 
1.17 	subdivisions; 136A.1701, subdivision 10; 136A.87; 136F.02, subdivision 1; 
1.18 	136F.03, subdivision 4; 136F.04, subdivision 4; 136F.045; 136F.46, subdivision 
1.19 	3; 137.0245, subdivision 2; 137.0246, subdivision 2; 137.025, subdivision 
1.20 	1; 150A.01, by adding subdivisions; 150A.05, subdivision 2, by adding a 
1.21 	subdivision; 150A.06, subdivisions 2d, 5, 6, by adding subdivisions; 150A.08, 
1.22 	subdivisions 1, 3a, 5; 150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 
1.23 	5, 8, 10; 150A.10, subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12; 
1.24 	150A.21, subdivisions 1, 4; 151.01, subdivision 23; 179A.03, subdivision 14; 
1.25 	299A.45, subdivision 1; 340A.404, subdivision 4a; proposing coding for new 
1.26 	law in Minnesota Statutes, chapters 135A; 136A; 136F; 137; 150A; repealing 
1.27 	Minnesota Statutes 2008, sections 136A.127, subdivisions 8, 12, 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
	$
	1,426,422,000
	$
	1,532,467,000
	$
	2,958,889,000
	
2.4	Health Care Access
		2,157,000
		2,157,000
		4,314,000
	
2.5	Federal
		137,943,000
		0
		137,943,000
	
2.6
2.7	State Government Special 
Revenue
		93,000
		17,000
		110,000
	
2.8	Total
	$
	1,566,615,000
	$
	1,534,641,000
	$
	3,101,256,000
	
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
	$
	187,753,000
	$
	187,547,000
	$
	375,300,000
	
2.15	Mayo Medical Foundation
		1,300,000
		1,351,000
		2,651,000
	
2.16
2.17
2.18	Board of Trustees of the 
Minnesota State Colleges and 
Universities
		677,845,000
		666,258,000
		1,344,103,000
	
2.19
2.20	Board of Regents of the 
University of Minnesota
		699,624,000
		679,468,000
		1,379,092,000
	
2.21	Board of Dentistry
		93,000
		17,000
		110,000
	
2.22	Total
	$
	1,566,615,000
	$
	 1,534,641,000
	$
	3,101,256,000

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
 	$
	 187,753,000
	$
	187,547,000
	
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 	The legislature intends that the Office of 
3.9 	Higher Education make full grant awards in 
3.10 	each year of the biennium.
3.11 	For the biennium, the tuition maximum 
3.12 	is $10,488 in each year for students in 
3.13 	four-year programs, and $5,808 for students 
3.14 	in two-year programs.
3.15 	This appropriation sets the living and 
3.16 	miscellaneous expense allowance at $7,000 
3.17 	each year.
3.18 	Up to $75,000 of this appropriation may be 
3.19 	used to complete computer programming 
3.20 	changes necessary to implement new 
3.21 	Minnesota Statutes, section 136A.121, 
3.22 	subdivision 9b.

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

3.32	Subd. 4.Child Care Grants
 		6,684,000
		6,684,000

3.33	Subd. 5.State Work-Study
 		14,944,000
		14,944,000

4.1	Subd. 6.Achieve Scholarship Program
 		4,350,000
		4,350,000
	
4.2 	For scholarships under Minnesota Statutes, 
4.3 	section 136A.127. 

4.4	Subd. 7.Indian Scholarships
 		2,000,000
		2,000,000
	
4.5 	The director must contract with at least one 
4.6 	person with demonstrated competence in 
4.7 	American Indian culture and residing in or 
4.8 	near the city of Bemidji to assist students 
4.9 	with the scholarships under Minnesota 
4.10 	Statutes, section 136A.126, and with other 
4.11 	information about financial aid for which 
4.12 	the students may be eligible. Bemidji State 
4.13 	University must provide office space at 
4.14 	no cost to the Minnesota Office of Higher 
4.15 	Education for purposes of administering the 
4.16 	American Indian scholarship program under 
4.17 	Minnesota Statutes, section 136A.126.

4.18	Subd. 8.TEACH Program
 		250,000
		250,000
	
4.19 	For a grant under Minnesota Statutes, section 
4.20 	136A.128.

4.21
4.22	Subd. 9.Intervention for College Attendance 
Program Grants
 		746,000
		746,000
	
4.23 	For grants under Minnesota Statutes, 
4.24 	section 136A.861. Up to $50,000 of this 
4.25 	appropriation each year may be used for 
4.26 	administrative expenses.
4.27 	To provide continuity in program services 
4.28 	and facilitate data collection that measures 
4.29 	Intervention for College Attendance Program 
4.30 	outcomes, the director must give priority in 
4.31 	selecting grant recipients for the 2010-2011 
4.32 	biennium to 2008-2009 grantees that provide 
4.33 	up-to-date annual program participation and 
4.34 	outcome data regarding their success in 
5.1 	increasing high school graduation, college 
5.2 	participation, and college graduation of 
5.3 	students served by the program; and other 
5.4 	information requested by the director. 
5.5 	Projects whose funding is renewed, must: 
5.6 	(1) retain an emphasis on enhancing 
5.7 	academic readiness for college attendance 
5.8 	and success in college for participants in 
5.9 	grades 6 to 12; or
5.10 	(2) if the program's participants are college 
5.11 	students, document that they are providing 
5.12 	academic support services to participants 
5.13 	that ensure success in college.
5.14 	Grantees must submit data to the director 
5.15 	about the number of students in the project's 
5.16 	service area that would be eligible for the 
5.17 	program, but are not being served and a plan 
5.18 	for providing services to those students.
5.19 	In the report under Minnesota Statutes, 
5.20 	section 136A.861, the office must make 
5.21 	recommendations on which aspects of the 
5.22 	programs and services delivered through 
5.23 	grants under Minnesota Statutes, section 
5.24 	136A.861, are most effective in improving 
5.25 	college readiness and/or retention and have 
5.26 	the potential to be expanded to provide 
5.27 	services to a regional or statewide population.

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

5.29	Subd. 11.Power of You
 		1,000,000
		1,000,000
	
5.30 	For transfer to MnSCU for the existing 
5.31 	Power of You program and for pilot sites. A 
5.32 	onetime appropriation of $500,000 each year 
5.33 	is for pilot sites.

6.1
6.2	Subd. 12.Technical and Community College 
Emergency Grants
 		150,000
		150,000
	
6.3 	For transfer to the financial aid offices 
6.4 	at each of the colleges of the Minnesota 
6.5 	State Colleges and Universities to provide 
6.6 	emergency aid grants to technical and 
6.7 	community college students who are 
6.8 	experiencing extraordinary economic 
6.9 	circumstances that may result in the students 
6.10 	dropping out of school without completing 
6.11 	the term or their program.

6.12	Subd. 13.Veterinary Loan Forgiveness
 		225,000
			
6.13 	For the large animal loan forgiveness 
6.14 	program under Minnesota Statutes, section 
6.15 	136A.1795. This appropriation is available 
6.16 	until expended.

6.17
6.18	Subd. 14.United Family Medicine Residency 
Program
 		448,000
		467,000
	
6.19 	For a grant to the United Family Medicine 
6.20 	residency program. This appropriation 
6.21 	shall be used to support up to 18 resident 
6.22 	physicians each year in family practice at 
6.23 	United Family Medicine residency programs 
6.24 	and shall prepare doctors to practice family 
6.25 	care medicine in underserved rural and 
6.26 	urban areas of the state. It is intended 
6.27 	that this program will improve health 
6.28 	care in underserved communities, provide 
6.29 	affordable access to appropriate medical 
6.30 	care, and manage the treatment of patients in 
6.31 	a cost-effective manner.

6.32	Subd. 15.Interstate Tuition Reciprocity
 		2,750,000
		2,750,000
	
6.33 	If the appropriation in this subdivision for 
6.34 	either year is insufficient, the appropriation 
7.1 	for the other year is available to meet 
7.2 	reciprocity contract obligations.
7.3 	The base funding for this program is 
7.4 	$3,150,000 in fiscal year 2012 and 
7.5 	$3,250,000 in fiscal year 2013.

7.6	Subd. 16.Minnesota College Savings Plan
 		700,000
		700,000

7.7	Subd. 17.MnLINK Gateway and Minitex
 		6,031,000
		6,031,000

7.8	Subd. 18.Other Programs
 		357,000
		357,000
	
7.9 	This appropriation includes $125,000 each 
7.10 	year for student and parent information, 
7.11 	$184,000 each year for the get ready outreach 
7.12 	program, and $48,000 each year for a 
7.13 	grant to the Minnesota Minority Education 
7.14 	Partnership.

7.15	Subd. 19.Agency Administration
 		2,785,000
		2,785,000
	
7.16 	This appropriation includes $100,000 each 
7.17 	year to administer the Achieve Scholarship 
7.18 	Program and $75,000 each year to administer 
7.19 	the Indian Scholarship Program.

7.20	Subd. 20.Balances Forward
 					
7.21 	A balance in the first year under this section 
7.22 	does not cancel, but is available for the 
7.23 	second year.

7.24	Subd. 21.Transfers
 					
7.25 	The Minnesota Office of Higher Education 
7.26 	may transfer unencumbered balances from 
7.27 	the appropriations in this section to the state 
7.28 	grant appropriation, the interstate tuition 
7.29 	reciprocity appropriation, the child care 
7.30 	grant appropriation, the Indian scholarship 
7.31 	appropriation, the state work-study 
7.32 	appropriation, the achieve scholarship 
7.33 	appropriation, the public safety officers' 
8.1 	survivors appropriation, and the Minnesota 
8.2 	college savings plan appropriation. Transfers 
8.3 	from the child care or state work-study 
8.4 	appropriations may only be made to the 
8.5 	extent there is a projected surplus in the 
8.6 	appropriation. A transfer may be made 
8.7 	only with prior written notice to the chairs 
8.8 	of the senate and house of representatives 
8.9 	committees with jurisdiction over higher 
8.10 	education finance.

8.11	Subd. 22.TANF Work-Study
 					
8.12 	Notwithstanding any rule to the contrary, 
8.13 	work-study jobs funded by a TANF 
8.14 	appropriation do not require employer 
8.15 	matching funds.

8.16	Subd. 23.Accreditation
 					
8.17 	The office must work with small institutions 
8.18 	to identify cost-effective methods to achieve 
8.19 	accreditation necessary to be an eligible 
8.20 	institution for state and federal financial aid.

8.21
8.22
8.23	Sec. 4. BOARD OF TRUSTEES OF THE 
MINNESOTA STATE COLLEGES AND 
UNIVERSITIES

8.24	Subdivision 1.Total Appropriation
 	$
	677,845,000
	$
	666,258,000

8.25	Appropriations by Fund
	
8.26		2010
	2011
	
8.27	General
	613,952,000
	666,258,000
	
8.28	Federal
	63,893,000
	0
	
8.29 	The amounts that may be spent for each 
8.30 	purpose are specified in the following 
8.31 	subdivisions.

8.32
8.33	Subd. 2.American Recovery and Reinvestment 
Act of 2009
 		63,893,000
		0
	
8.34 	(a) This appropriation is from the fiscal 
8.35 	stabilization account in the federal fund and 
9.1 	may be used for modernization, renovation, 
9.2 	or repair of facilities that are primarily used 
9.3 	for instruction, research, or student housing 
9.4 	but may not be used for maintenance of 
9.5 	systems, equipment, or facilities. Amounts 
9.6 	in this subdivision must not be allocated 
9.7 	to modernization, renovation, or repair of 
9.8 	stadiums or other facilities primarily used 
9.9 	for athletic contests or exhibitions or other 
9.10 	events for which admission is charged to the 
9.11 	general public and must not be allocated to 
9.12 	any facility used for sectarian instruction or 
9.13 	religious worship or in which a substantial 
9.14 	portion of the functions of the facilities are 
9.15 	subsumed in a religious mission. No amount 
9.16 	from this appropriation may be allocated to 
9.17 	increase endowment funds.
9.18 	(b) Appropriations under this subdivision 
9.19 	must be used as a bridge for budget 
9.20 	reductions in the biennium ending June 30, 
9.21 	2013. These appropriations may be used 
9.22 	for, but are not limited to the following 
9.23 	purposes: education and general expenses; 
9.24 	to retain faculty and staff jobs; to provide 
9.25 	severance and for early retirement incentives; 
9.26 	to mitigate the rising costs of attendance 
9.27 	through minimizing tuition increases; and 
9.28 	for the support of student employment 
9.29 	opportunities.
9.30 	(c) The legislature intends that the 
9.31 	tuition increase for a Minnesota resident 
9.32 	undergraduate student in the Minnesota State 
9.33 	Colleges and Universities, must not exceed 
9.34 	five percent per year for the biennium ending 
9.35 	June 30, 2011. Federal stimulus money 
9.36 	under this subdivision must be used to buy 
10.1 	down the tuition increase to no more than 
10.2 	three percent per year for a net increase of 
10.3 	six percent.
10.4 	(d) An additional $15,273,000 is appropriated 
10.5 	in fiscal year 2009 from the fiscal stabilization 
10.6 	account in the federal fund.

10.7
10.8	Subd. 3.Central Office and Shared Services 
Unit
 		47,328,000
		47,328,000
	
10.9 	For the Office of the Chancellor and the 
10.10 	Shared Services Division.

10.11	Subd. 4.Operations and Maintenance
 		561,824,000
		614,130,000
	
10.12 	(a) It is the intention of the legislature to 
10.13 	increase the amount of funding distributed 
10.14 	to colleges and universities through the 
10.15 	allocation model to provide direct support of 
10.16 	instruction and related functions necessary 
10.17 	to protect the core mission of educating 
10.18 	students.
10.19 	(b) The Board of Trustees shall submit 
10.20 	expenditure reduction plans by March 15, 
10.21 	2010, to the committees of the legislature 
10.22 	with responsibility for higher education 
10.23 	finance to achieve the 2012-2013 base 
10.24 	established in this section at the central 
10.25 	office and at each institution. The plan 
10.26 	submitted by the board must be based on 
10.27 	plans developed at each institution detailing 
10.28 	reductions to achieve lower base allocations 
10.29 	at that institution. Each plan must focus on 
10.30 	protecting direct instruction.
10.31 	(c) For the biennium ending June 30, 
10.32 	2011, expenditures under this subdivision 
10.33 	must not exceed $40,000,000 for 
11.1 	technology initiatives, including technology 
11.2 	infrastructure improvements.
11.3 	(d) $40,000 each year is for the Cook 
11.4 	County Higher Education Board to provide 
11.5 	educational programs and academic support 
11.6 	services.
11.7 	(e) $1,000,000 each year is for the Northeast 
11.8 	Minnesota Higher Education District and 
11.9 	high schools in its area. Students from area 
11.10 	high schools may also access the facilities 
11.11 	and faculty of the Northeast Minnesota 
11.12 	Higher Education District for state-of-the-art 
11.13 	technical education opportunities, including 
11.14 	MnSCU's 2+2 Pathways initiative.
11.15 	(f) $225,000 each year is to enhance eFolio 
11.16 	Minnesota and for a center to provide on-site 
11.17 	and Internet-based support and technical 
11.18 	assistance to users of the state's eFolio 
11.19 	Minnesota system to promote workforce and 
11.20 	economic development and to enable access 
11.21 	to workforce information generated through 
11.22 	the eFolio Minnesota system.
11.23 	(g) For fiscal years 2012 and 2013 the 
11.24 	base for operations and maintenance is 
11.25 	$602,759,000 each year.

11.26	Subd. 5.Learning Network of Minnesota
 		4,800,000
		4,800,000

11.27	Subd. 6.System Improvements
 					
11.28 	To increase efficiencies and equity for 
11.29 	faculty and staff, the Board of Trustees is 
11.30 	encouraged to place a priority on identifying 
11.31 	and implementing measures to improve 
11.32 	the human resources system used by the 
11.33 	Minnesota State Colleges and Universities. 
11.34 	One of the goals of improving the human 
12.1 	resources system is to provide seamless 
12.2 	information on faculty and employees to 
12.3 	facilitate transfers between institutions.

12.4 	EFFECTIVE DATE. Subdivision 2 is effective the day following final enactment.

12.5
12.6	Sec. 5. BOARD OF REGENTS OF THE 
UNIVERSITY OF MINNESOTA

12.7	Subdivision 1.Total Appropriation
 	$
	699,624,000
	$
	679,468,000

12.8	Appropriations by Fund
	
12.9		2010
	2011
	
12.10	General
	623,417,000
	677,311,000
	
12.11	Health Care Access
	2,157,000
	2,157,000
	
12.12	Federal
	74,050,000
	0
	
12.13 	The amounts that may be spent for each 
12.14 	purpose are specified in the following 
12.15 	subdivisions.

12.16	Subd. 2.Operations and Maintenance
 		550,345,000
		604,239,000
	
12.17 	(a) This appropriation includes funding for 
12.18 	operation and maintenance of the system.
12.19 	(b) The Board of Regents shall submit 
12.20 	expenditure reduction plans by March 15, 
12.21 	2010, to the committees of the legislature 
12.22 	with responsibility for higher education 
12.23 	finance to achieve the 2012-2013 base 
12.24 	established in this section. The plan must 
12.25 	focus on protecting direct instruction.
12.26 	(c) Appropriations under this subdivision 
12.27 	may be used for a new scholarship under 
12.28 	Minnesota Statutes, section 137.0225, to 
12.29 	complement the University's Founders 
12.30 	scholarship.
12.31 	(d) This appropriation includes amounts for 
12.32 	an Ojibwe Indian language program on the 
12.33 	Duluth campus.
13.1 	(e) This appropriation includes money for the 
13.2 	Dakota language teacher training immersion 
13.3 	program on the Twin Cities campus to 
13.4 	prepare teachers to teach in Dakota language 
13.5 	immersion programs. 
13.6 	(f) This appropriation includes money for the 
13.7 	Veterinary Diagnostic Laboratory to preserve 
13.8 	accreditation.
13.9 	(g) This appropriation includes money in 
13.10 	fiscal year 2010 for a onetime grant to the 
13.11 	Minnesota Wildlife Rehabilitation Center for 
13.12 	their uncompensated expenses.
13.13 	(h) For fiscal years 2012 and 2013, the 
13.14 	base for operations and maintenance is 
13.15 	$596,930,000 each year.

13.16	Subd. 3.Primary Care Education Initiatives
 		2,157,000
		2,157,000
	
13.17 	This appropriation is from the health care 
13.18 	access fund.

13.19
13.20	Subd. 4.American Recovery and Reinvestment 
Act of 2009
 		74,050,000
		0
	
13.21 	(a) This appropriation is from the fiscal 
13.22 	stabilization account in the federal fund and 
13.23 	may be used for modernization, renovation, 
13.24 	or repair of facilities that are primarily used 
13.25 	for instruction, research, or student housing 
13.26 	but may not be used for maintenance of 
13.27 	systems, equipment, or facilities. Amounts 
13.28 	in this subdivision must not be allocated 
13.29 	to modernization, renovation, or repair of 
13.30 	stadiums or other facilities primarily used 
13.31 	for athletic contests or exhibitions or other 
13.32 	events for which admission is charged to the 
13.33 	general public and must not be allocated to 
13.34 	any facility used for sectarian instruction or 
13.35 	religious worship or in which a substantial 
14.1 	portion of the functions of the facilities are 
14.2 	subsumed in a religious mission. No amount 
14.3 	from this appropriation may be allocated to 
14.4 	increase endowment funds.
14.5 	(b) Appropriations under this subdivision 
14.6 	must be used as a bridge for budget 
14.7 	reductions in the biennium ending June 30, 
14.8 	2013. These appropriations may be used 
14.9 	for, but are not limited to the following 
14.10 	purposes: education and general expenses; 
14.11 	to retain faculty and staff jobs; to provide 
14.12 	severance and for early retirement incentives; 
14.13 	to mitigate the rising costs of attendance 
14.14 	through minimizing tuition increases; and 
14.15 	for the support of student employment 
14.16 	opportunities.
14.17 	(c) The legislature intends that the net 
14.18 	tuition increase for a Minnesota resident 
14.19 	undergraduate student at the University of 
14.20 	Minnesota must not exceed $300 per year 
14.21 	for the biennium ending June 30, 2011. 
14.22 	Appropriations of federal stimulus money 
14.23 	under this subdivision must be used toward 
14.24 	accomplishing this goal.
14.25 	(d) An additional $15,273,000 is appropriated 
14.26 	in fiscal year 2009 from the stabilization 
14.27 	account in the federal fund.

14.28	Subd. 5.Special Appropriations

14.29	(a) Agriculture and Extension Service
		52,255,000
		52,255,000
	
14.30 	(1) For the Agricultural Experiment Station 
14.31 	and the Minnesota Extension Service. 
14.32 	This appropriation includes the same 
14.33 	appropriation as in the biennium ending June 
14.34 	30, 2009, for bovine tuberculosis research. 
14.35 	This appropriation also includes the same 
15.1 	appropriation as in the biennium ending June 
15.2 	30, 2009, to promote alternative livestock 
15.3 	research and outreach, and for an ongoing 
15.4 	organic research and education program.
15.5 	(2) The Agricultural Experiment Stations 
15.6 	and Minnesota Extension Service must 
15.7 	convene agricultural advisory groups to 
15.8 	focus research, education, and extension 
15.9 	activities on producer needs and implement 
15.10 	an outreach strategy that more effectively 
15.11 	and rapidly transfers research results and best 
15.12 	practices to producers throughout the state.
15.13 	(3) This appropriation includes funding for 
15.14 	research and outreach on the production of 
15.15 	renewable energy from Minnesota biomass 
15.16 	resources, including agronomic crops, plant 
15.17 	and animal wastes, and native plants or trees. 
15.18 	The following areas should be prioritized and 
15.19 	carried out in consultation with Minnesota 
15.20 	producers, renewable energy, sustainable 
15.21 	agriculture, and bioenergy organizations:
15.22 	(i) biofuel and other energy production from 
15.23 	perennial crops, small grains, row crops, 
15.24 	and forestry products in conjunction with 
15.25 	the Natural Resources Research Institute 
15.26 	(NRRI);
15.27 	(ii) alternative bioenergy crops and cropping 
15.28 	systems; and
15.29 	(iii) biofuel coproducts used for livestock 
15.30 	feed.
15.31 	(4) This appropriation includes funding for 
15.32 	the college of food, agricultural, and natural 
15.33 	resources sciences to establish and maintain 
15.34 	a statewide organic research and education 
15.35 	initiative to provide leadership for organic 
16.1 	agronomic, horticultural, livestock, and food 
16.2 	systems research, education, and outreach 
16.3 	and for the purchase of state-of-the-art 
16.4 	laboratory, planting, tilling, harvesting, and 
16.5 	processing equipment necessary for this 
16.6 	project.
16.7 	(5) This appropriation includes funding 
16.8 	for research efforts that demonstrate a 
16.9 	renewed emphasis on the needs of the state's 
16.10 	agriculture community. The following 
16.11 	areas should be prioritized and carried 
16.12 	out in consultation with Minnesota farm 
16.13 	organizations:
16.14 	(i) vegetable crop research with priority for 
16.15 	extending the Minnesota vegetable growing 
16.16 	season;
16.17 	(ii) fertilizer and soil fertility research and 
16.18 	development;
16.19 	(iii) soil, groundwater, and surface water 
16.20 	conservation practices and contaminant 
16.21 	reduction research;
16.22 	(iv) discovering and developing plant 
16.23 	varieties that use nutrients more efficiently;
16.24 	(v) breeding and development of turf seed 
16.25 	and other biomass resources in all three 
16.26 	Minnesota biomes;
16.27 	(vi) development of new disease-resistant 
16.28 	and pest-resistant varieties of turf and 
16.29 	agronomic crops;
16.30 	(vii) utilizing plant and livestock cells to treat 
16.31 	and cure human diseases;
16.32 	(viii) the development of dairy coproducts;
17.1 	(ix) a rapid agricultural response fund for 
17.2 	current or emerging animal, plant, and insect 
17.3 	problems affecting production or food safety;
17.4 	(x) crop pest and animal disease research; 
17.5 	(xi) developing animal agriculture that is 
17.6 	capable of sustainably feeding the world;
17.7 	(xii) consumer food safety education and 
17.8 	outreach;
17.9 	(xiii) programs to meet the research and 
17.10 	outreach needs of sustainable and organic 
17.11 	livestock and crop farmers; and
17.12 	(xiv) alternative bioenergy crops and 
17.13 	cropping systems; and growing, harvesting, 
17.14 	and transporting biomass plant material.
17.15 	(6) This appropriation includes funding for 
17.16 	analysis of ethanol production in Minnesota:
17.17 	(i) water use trends as compared to other 
17.18 	industries and activities;
17.19 	(ii) the carbon balance of ethanol production;
17.20 	(iii) the effect of ethanol blending 
17.21 	requirements on transportation fuel prices; 
17.22 	and
17.23 	(iv) the economic impacts of ethanol 
17.24 	production and use including such measures 
17.25 	as employment, economic output, and state 
17.26 	and local tax revenues.
17.27 	(7) This appropriation may be used to retain 
17.28 	current faculty levels for poultry research 
17.29 	currently conducted at UMore Park, develop 
17.30 	and implement a dairy producer continuing 
17.31 	education program and for scoping a new 
17.32 	dairy research and teaching facility.
18.1 	(8) By February 1, 2011, the Board of 
18.2 	Regents must submit a report to the 
18.3 	legislative committees with responsibility 
18.4 	for agriculture and higher education finance 
18.5 	on the status and outcomes of research and 
18.6 	initiatives funded in this paragraph.

18.7	(b) Health Sciences
		5,275,000
		5,275,000
	
18.8 	$346,000 each year is to support up to 12 
18.9 	resident physicians in the St. Cloud Hospital 
18.10 	family practice residency program. The 
18.11 	program must prepare doctors to practice 
18.12 	primary care medicine in the rural areas of 
18.13 	the state. The legislature intends this program 
18.14 	to improve health care in rural communities, 
18.15 	provide affordable access to appropriate 
18.16 	medical care, and manage the treatment of 
18.17 	patients in a more cost-effective manner.
18.18 	The remainder of this appropriation is for 
18.19 	the rural physicians associates program, the 
18.20 	Veterinary Diagnostic Laboratory, health 
18.21 	sciences research, dental care, and the 
18.22 	Biomedical Engineering Center.

18.23	(c) Institute of Technology
		1,387,000
		1,387,000
	
18.24 	For the Geological Survey and the talented 
18.25 	youth mathematics program.

18.26	(d) System Special
		6,155,000
		6,155,000
	
18.27 	For general research, industrial relations 
18.28 	education, Natural Resources Research 
18.29 	Institute, Center for Urban and Regional 
18.30 	Affairs, Bell Museum of Natural History, and 
18.31 	the Humphrey exhibit.

18.32
18.33	(e) University of Minnesota and Mayo 
Foundation Partnership
		8,000,000
		8,000,000
	
19.1 	For the direct and indirect expenses of the 
19.2 	collaborative research partnership between 
19.3 	the University of Minnesota and the Mayo 
19.4 	Foundation for research in biotechnology 
19.5 	and medical genomics. This appropriation 
19.6 	is available until expended. All parties to 
19.7 	the partnership and chairs of the senate 
19.8 	and house of representatives committees 
19.9 	responsible for higher education finance 
19.10 	must be consulted before the Board of 
19.11 	Regents reduces the amount allocated to the 
19.12 	partnership under this paragraph during the 
19.13 	biennium ending June 30, 2011. An annual 
19.14 	report on the expenditure of these funds must 
19.15 	be submitted to the governor and the chairs 
19.16 	of the senate and house of representatives 
19.17 	committees responsible for higher education 
19.18 	and economic development by June 30 of 
19.19 	each fiscal year.

19.20	Subd. 6.Academic Health Center
 					
19.21 	The appropriation for Academic Health 
19.22 	Center funding under Minnesota Statutes, 
19.23 	section 297F.10, is $22,250,000 each year.

19.24	Subd. 7.Human Cloning Prohibited
 					
19.25 	An appropriation in this section must not be 
19.26 	used to either support human cloning or to 
19.27 	pay for any expenses incidental to human 
19.28 	cloning. For the purposes of this subdivision, 
19.29 	"cloning" means generating a genetically 
19.30 	identical copy of an organism at any stage 
19.31 	of development by combining an enucleated 
19.32 	egg and the nucleus of a somatic cell to make 
19.33 	an embryo.

19.34	Subd. 8.NRRI Research
 					
20.1 	Notwithstanding Minnesota Statutes, section 
20.2 	137.022, subdivision 4, the board may 
20.3 	use up to $150,000 of the income credited 
20.4 	to the permanent university fund from 
20.5 	royalties from mining under state mineral 
20.6 	leases to fund research at the Coleraine 
20.7 	Minerals Research Laboratory of the Natural 
20.8 	Resources Research Institute by taconite 
20.9 	engineers who have been laid off by the 
20.10 	mining industry.

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

20.12	Sec. 6. MAYO MEDICAL FOUNDATION

20.13	Subdivision 1.Total Appropriation
 	$
	1,300,000
	$
	1,351,000
	
20.14 	The amounts that may be spent for the 
20.15 	purposes are specified in the following 
20.16 	subdivisions.

20.17	Subd. 2.Medical School
 		640,000
		665,000
	
20.18 	The state of Minnesota must pay a capitation 
20.19 	each year for each student who is a resident 
20.20 	of Minnesota. The appropriation may be 
20.21 	transferred between years of the biennium to 
20.22 	accommodate enrollment fluctuations.
20.23 	It is intended that during the biennium the 
20.24 	Mayo Clinic use the capitation money to 
20.25 	increase the number of doctors practicing in 
20.26 	rural areas in need of doctors.

20.27
20.28	Subd. 3.Family Practice and Graduate 
Residency Program
 		660,000
		686,000
	
20.29 	The state of Minnesota must pay stipend 
20.30 	support for up to 27 residents each year.

20.31	Sec. 7. BOARD OF DENTISTRY
 	$
	93,000
	$
	17,000
	
21.1 	This appropriation is from the state 
21.2 	government special revenue fund for the 
21.3 	purpose of licensing dental therapists. The 
21.4 	base appropriation of the Board of Dentistry 
21.5 	must be decreased by $11,000 in fiscal year 
21.6 	2012 and $11,000 in fiscal year 2013.

21.7	Sec. 8. DEPARTMENT OF HEALTH
 					
21.8 	The base appropriation for the Department 
21.9 	of Health from the state government special 
21.10 	revenue fund is increased by $48,000 in 
21.11 	fiscal year 2012 and by $141,000 in fiscal 
21.12 	year 2013 for the purpose of the evaluation 
21.13 	process for assessing the impact of dental 
21.14 	therapists. This appropriation must not be 
21.15 	added to the department's base after fiscal 
21.16 	year 2014.

21.17 	ARTICLE 2
21.18 	RELATED HIGHER EDUCATION PROVISIONS

21.19 	Section 1. Minnesota Statutes 2008, section 135A.08, subdivision 1, is amended to 
21.20 	read:
21.21 		Subdivision 1.Course equivalency. The Board of Regents of the University of 
21.22 	Minnesota and the Board of Trustees of the Minnesota State Colleges and Universities 
21.23 	shall develop and maintain course equivalency guides for use between institutions that 
21.24 	have a high frequency of transfer. The course equivalency guides must include information 
21.25 	on the course equivalency and awarding of credit for learning acquired as a result of 
21.26 	the successful completion of formal military courses and occupational training. Course 
21.27 	equivalency guides shall are not be required for vocational technical programs that have 
21.28 	not been divided into identifiable courses. The governing boards of private institutions 
21.29 	that grant associate and baccalaureate degrees and that have a high frequency of transfer 
21.30 	students are requested to participate in developing these guides.

21.31 	Sec. 2. [135A.157] NOTICE TO STUDENTS REGARDING POSSIBLE IMPACT 
21.32 	OF CRIMINAL RECORDS.
22.1 	(a) A public or private postsecondary educational institution located in this state 
22.2 	shall give notice under this section to each person accepted for admission to be a student at 
22.3 	the institution. This notice shall be given at or before the time of acceptance for admission 
22.4 	to the institution and at or before the time students select a major.
22.5 	(b) A notice provided under this section must inform students that arrests, charges, 
22.6 	or convictions of criminal offenses may limit employment possibilities in specific careers 
22.7 	and occupations and may limit their ability to obtain federal, state, and other financial 
22.8 	aid, and must encourage students to investigate these possibilities. The notice must not 
22.9 	discourage students from applying for federal, state, or other financial aid.
22.10 	(c) A postsecondary educational institution is not liable for failing to provide the 
22.11 	notice required by this section.

22.12 	Sec. 3. Minnesota Statutes 2008, section 135A.25, subdivision 4, is amended to read:
22.13 		Subd. 4.Minnesota Office of Higher Education responsibilities. (a) For private 
22.14 	postsecondary institutions, the Minnesota Office of Higher Education must develop 
22.15 	educational materials considering the recommendations by the Minnesota Office of Higher 
22.16 	Education and others and at least annually convene and sponsor meetings and workshops 
22.17 	and provide educational strategies for faculty, students, administrators, institutions, and 
22.18 	bookstores to inform all interested parties on strategies for reducing the costs of course 
22.19 	materials for students attending postsecondary institutions.
22.20 	(b) The Minnesota Office of Higher Education must identify methods to compile and 
22.21 	distribute information on publishers that sell or distribute course material for classroom use 
22.22 	in postsecondary institutions in a manner that meets the requirements and complies with 
22.23 	subdivision 2. The Minnesota Office of Higher Education must also evaluate ways to make 
22.24 	this information available for use by students and faculty in postsecondary institutions.

22.25 	Sec. 4. [135A.26] AMERICAN MADE CLOTHING IN COLLEGE 
22.26 	BOOKSTORES.
22.27 	To the extent possible, a bookstore located on the campus of a public college 
22.28 	or university in Minnesota must offer for sale clothing or articles of apparel that are 
22.29 	manufactured in the United States of America. The college or university must make a 
22.30 	report to the legislature on the results of efforts made to comply with this section.

22.31 	Sec. 5. [135A.61] HIGH SCHOOL-TO-COLLEGE DEVELOPMENTAL 
22.32 	TRANSITION PROGRAMS.
23.1 		Subdivision 1.High school-to-college developmental transition programs. All 
23.2 	public higher education systems and other higher education institutions in Minnesota 
23.3 	are encouraged to offer research-based high school-to-college developmental transition 
23.4 	programs to prepare students for college-level academic coursework. A program under 
23.5 	this section must, at a minimum, include instruction to develop the skills and abilities 
23.6 	necessary to be ready for college-level coursework when the student enrolls in a degree, 
23.7 	diploma, or certificate program and must address the academic skills identified as needing 
23.8 	improvement by a college readiness assessment completed by the student. A program 
23.9 	offered under this section must not constitute more than the equivalent of one semester of 
23.10 	full-time study occurring in the summer following high school graduation. The courses 
23.11 	completed in a program under this section must be identified on the student's transcript 
23.12 	with a unique identifier to distinguish it from other developmental education courses or 
23.13 	programs.
23.14 		Subd. 2.High school-to-college developmental transition programs evaluation 
23.15 	report. (a) Institutions that offer a high school-to-college developmental transition 
23.16 	program and enroll students that receive a grant under section 136A.121, subdivision 9b, 
23.17 	must annually submit data and information about the services provided and program 
23.18 	outcomes to the director of the Office of Higher Education.
23.19 	(b) The director must establish and convene a data working group to develop: (1) the 
23.20 	data methodology to be used in evaluating the effectiveness of the programs implemented 
23.21 	to improve the academic performance of participants, including the identification of 
23.22 	appropriate comparison groups; and (2) a timeline for institutions to submit data and 
23.23 	information to the director. The data working group must develop procedures that 
23.24 	ensure consistency in the data collected by each institution. Data group members must 
23.25 	have expertise in data collection processes and the delivery of academic programs to 
23.26 	students, and represent the types of institutions that offer a program under this section. 
23.27 	The data group must assist the director in analyzing and synthesizing institutional data 
23.28 	and information to be included in the evaluation report submitted to the legislature under 
23.29 	subdivision 3.
23.30 	(c) Participating institutions must specify both program and student outcome goals 
23.31 	and the activities implemented to achieve the goals. The goals must be clearly stated and 
23.32 	measurable, and data collected must enable the director to verify the program has met the 
23.33 	outcome goals established for the program.
23.34 	(d) The data and information submitted must include, at a minimum, the following:
23.35 	(1) demographic information about program participants;
23.36 	(2) names of the high schools from which the students graduated; 
24.1 	(3) the college readiness test used to determine the student was not ready for 
24.2 	college-level academic coursework;
24.3 	(4) the academic content areas assessed and the scores received by the students on 
24.4 	the college readiness test;
24.5 	(5) a description of the services, including any supplemental noncredit academic 
24.6 	support services, provided to students;
24.7 	(6) data on the registration load, courses completed, and grades received by students;
24.8 	(7) the retention of students from the term they participated in the program to the fall 
24.9 	term immediately following graduation from high school;
24.10 	(8) information about the student's enrollment in subsequent terms; and
24.11 	(9) other information specified by the director or the data group that facilitates the 
24.12 	evaluation process.
24.13 		Subd. 3.Report to legislature. By March 15 of each year, beginning in 2011, 
24.14 	the director shall submit a report to the committees of the legislature with jurisdiction 
24.15 	over higher education finance and policy that evaluates the effectiveness of programs 
24.16 	in improving the academic performance of students who participated in the transition 
24.17 	programs.

24.18 	Sec. 6. Minnesota Statutes 2008, section 136A.01, subdivision 2, is amended to read:
24.19 		Subd. 2.Responsibilities. The Minnesota Office of Higher Education is responsible 
24.20 	for:
24.21 	(1) necessary state level administration of financial aid programs, including 
24.22 	accounting, auditing, and disbursing state and federal financial aid funds, and reporting on 
24.23 	financial aid programs to the governor and the legislature;
24.24 	(2) approval, registration, licensing, and financial aid eligibility of private collegiate 
24.25 	and career schools, under sections 136A.61 to 136A.71 and chapter 141;
24.26 	(3) administering the Learning Network of Minnesota;
24.27 	(4) negotiating and administering reciprocity agreements;
24.28 	(5)(4) publishing and distributing financial aid information and materials, and other 
24.29 	information and materials under section 136A.87, to students and parents;
24.30 	(6)(5) collecting and maintaining student enrollment and financial aid data and 
24.31 	reporting data on students and postsecondary institutions to develop and implement a 
24.32 	process to measure and report on the effectiveness of postsecondary institutions;
24.33 	(7)(6) administering the federal programs that affect students and institutions on a 
24.34 	statewide basis; and
25.1 	(8)(7) prescribing policies, procedures, and rules under chapter 14 necessary to 
25.2 	administer the programs under its supervision.

25.3 	Sec. 7. Minnesota Statutes 2008, section 136A.06, is amended to read:
25.4 	136A.06 FEDERAL FUNDS.
25.5 	The Minnesota Office of Higher Education is designated the state agency to apply 
25.6 	for, receive, accept, and disburse to both public and private institutions of higher education 
25.7 	all federal funds which are allocated to the state of Minnesota to support higher education 
25.8 	programs, construction, or other activities and which require administration by a state 
25.9 	higher education agency under the Higher Education Facilities Act of 1963, and any 
25.10 	amendments thereof, the Higher Education Act of 1965, and any amendments thereof, and 
25.11 	any other law which provides funds for higher education and requires administration by a 
25.12 	state higher education agency as enacted or may be enacted by the Congress of the United 
25.13 	States; provided that no commitment shall be made that shall bind the legislature to make 
25.14 	appropriations beyond current allocations of funds. The office may apply for, receive, 
25.15 	accept, and disburse all administrative funds available to the office for administering 
25.16 	federal funds to support higher education programs, construction, or other activities. The 
25.17 	office also may apply for, receive, accept, and disburse any research, planning, or program 
25.18 	funds which are available for purposes consistent with the provisions of this chapter. In 
25.19 	making application for and administering federal funds the office may comply with any 
25.20 	and all requirements of federal law and federal rules and regulations to enable it to receive 
25.21 	and accept such funds. The expenditure of any such funds received shall be governed by 
25.22 	the laws of the state, except insofar as federal regulations may otherwise provide. The 
25.23 	office may contract with both public and private institutions in administering federal 
25.24 	funds, and such contracts shall not be subject to the provisions of chapter 16C. All such 
25.25 	money received by the office shall be deposited in the state treasury and, subject to section 
25.26 	3.3005, are hereby appropriated to it annually for the purpose for which such funds are 
25.27 	received. None of such moneys shall cancel but shall be available until expended.

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

26.1 	Sec. 9. Minnesota Statutes 2008, section 136A.08, is amended by adding a subdivision 
26.2 	to read:
26.3 		Subd. 9.Appeal; resident status. A student who does not meet the definition of 
26.4 	resident after residing in Minnesota for 12 months may appeal to the director by providing 
26.5 	documentation on the student's reasons for residing in Minnesota. The director may 
26.6 	grant resident status for the purpose of this section to the student upon determining the 
26.7 	documentation establishes that postsecondary education was not the student's principal 
26.8 	reason for residing in Minnesota.

26.9 	Sec. 10. Minnesota Statutes 2008, section 136A.101, subdivision 4, is amended to read:
26.10 		Subd. 4.Eligible institution. "Eligible institution" means a postsecondary 
26.11 	educational institution located in this state or in a state with which the office has entered 
26.12 	into a higher education reciprocity agreement on state student aid programs that (1) is 
26.13 	operated by this state or the Board of Regents of the University of Minnesota, or (2) 
26.14 	is operated privately and, as determined by the office, meets all of the following: (i) 
26.15 	maintains academic standards substantially equivalent to those of comparable institutions 
26.16 	operated in this state; (ii) is licensed or registered as a postsecondary institution by the 
26.17 	office or another state agency; and (iii) by July 1, 2011 2013, is participating in the federal 
26.18 	Pell Grant program under Title IV of the Higher Education Act of 1965, as amended.

26.19 	Sec. 11. [136A.1201] MINNESOTA PROMISE.
26.20 		Subdivision 1.Financial aid policy. It is the policy of the legislature to provide 
26.21 	sufficient financial aid funding so that tuition and required fees to attend a public two-year 
26.22 	college for a student from a low-income family are covered by state financial aid when 
26.23 	combined with federal and other sources of aid.
26.24 		Subd. 2.Informational materials. The Office of Higher Education must prepare 
26.25 	and distribute materials under section 136A.87 to promote the Minnesota Promise, the 
26.26 	availability of financial aid, and the benefits of higher education.

26.27 	Sec. 12. Minnesota Statutes 2008, section 136A.121, subdivision 9, is amended to read:
26.28 		Subd. 9.Awards. An undergraduate student who meets the office's requirements 
26.29 	is eligible to apply for and receive a grant in any year of undergraduate study unless the 
26.30 	student has obtained a baccalaureate degree or previously has been enrolled full time or 
26.31 	the equivalent for eightnine semesters or the equivalent, excluding courses taken from a 
26.32 	Minnesota school or postsecondary institution which is not participating in the state grant 
26.33 	program and from which a student transferred no credit. A student who withdraws from 
27.1 	enrollment for active military service, or for a major illness, while under the care of a 
27.2 	medical professional, that substantially limits the student's ability to complete the term is 
27.3 	entitled to an additional semester or the equivalent of grant eligibility. A student enrolled 
27.4 	in a two-year program at a four-year institution is only eligible for the tuition and fee 
27.5 	maximums established by law for two-year institutions.

27.6 	Sec. 13. Minnesota Statutes 2008, section 136A.121, is amended by adding a 
27.7 	subdivision to read:
27.8 		Subd. 9b.Onetime grant for high school-to-college developmental transition 
27.9 	program. (a) A student who enrolls in a program under section 135A.61 is eligible for 
27.10 	a onetime grant to help pay expenses to attend the program. The amount of the grant 
27.11 	must be determined according to subdivision 5, except as modified by paragraph (b). 
27.12 	The requirement in subdivision 9a that subtracts a federal Pell Grant award for which a 
27.13 	student would be eligible, even if the student has exhausted the federal Pell Grant award, 
27.14 	does not apply to a student who receives a grant under this subdivision in the award 
27.15 	year in which the grant is received. The maximum grant under this subdivision must be 
27.16 	reduced by the average amount a student would earn working in an on-campus work-study 
27.17 	position for ten hours per week during a summer term. The office must determine an 
27.18 	amount for student earnings in a summer term, using available data about earnings, before 
27.19 	determining the amount awarded under this subdivision.
27.20 	(b) For a student with an expected family contribution of zero, the maximum amount 
27.21 	of the grant is the cost of attendance under subdivision 6. 
27.22 	(c) A grant under this subdivision counts as one of the nine semesters of eligibility 
27.23 	under subdivision 9. A grant under this subdivision must not be awarded for the same 
27.24 	term for which another grant is awarded under this section. 

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

27.27 	Sec. 14. Minnesota Statutes 2008, section 136A.121, is amended by adding a 
27.28 	subdivision to read:
27.29 		Subd. 12a.Free application for Federal Student Aid (FAFSA) compliance. All 
27.30 	eligible institutions must implement policies and procedures that ensure that applicants are 
27.31 	aware that they must annually complete the FAFSA to be eligible for financial aid.

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

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

28.11 	Sec. 16. Minnesota Statutes 2008, section 136A.127, subdivision 4, is amended to read:
28.12 		Subd. 4.Student eligibility. To be eligible to receive a scholarship under this 
28.13 	section, in addition to the requirements listed under section 136A.121, a student must: 
28.14 	(1) submit a Free Application for Federal Student Aid (FAFSA); 
28.15 	(2) take and receive at least a grade of C for courses that comprise a rigorous 
28.16 	secondary schoolcomplete a qualifying program of study in a high school or in a 
28.17 	home-school setting under section 120A.22, and graduate from a Minnesota high school, 
28.18 	and graduate with an unweighted grade point average of 2.5 or higher; 
28.19 	(3) have a family adjusted gross income of less than $75,000 in the last complete 
28.20 	calendar year prior to the academic year of postsecondary attendance in which the 
28.21 	scholarship is used qualify for a federal Pell Grant or state grant under section 136A.121; 
28.22 	(4) be a United States citizen or eligible noncitizen, as defined in section 484 of the 
28.23 	Higher Education Act, United States Code, title 20, sections 1091 et seq., as amended, 
28.24 	and Code of Federal Regulations, title 34, section 668.33; 
28.25 	(5) be a Minnesota resident, as defined in section 136A.101, subdivision 8; and 
28.26 	(6) be enrolled for at least three credits per quarter or semester or the equivalent
28.27 	enroll full-time in a degree, diploma, or certificate program during the academic year 
28.28 	immediately following high school graduation at an eligible institution as defined under 
28.29 	section 136A.101, subdivision 4. 

28.30 	Sec. 17. Minnesota Statutes 2008, section 136A.127, subdivision 9, is amended to read:
28.31 		Subd. 9.Scholarship awards. A student may not receive more than $1,200 in 
28.32 	Minnesota achieve scholarships, which must be for enrollment during the four-year 
28.33 	availability period described in subdivision 12.The amount of the scholarship is equal 
28.34 	to the maximum assigned student responsibility for a four-year program, as defined in 
29.1 	section 136A.121, subdivision 5, minus the assigned family responsibility as defined in 
29.2 	section 136A.101, subdivision 5a, multiplied by 0.50. The minimum scholarship is $1,200 
29.3 	per academic year based on the institution's academic calendar and the student's continued 
29.4 	eligibility. The scholarshipsscholarship may be used to pay for qualifying expenses at 
29.5 	eligible institutions. 

29.6 	Sec. 18. Minnesota Statutes 2008, section 136A.127, is amended by adding a 
29.7 	subdivision to read:
29.8 		Subd. 9b.Additional award for online course completion. An eligible student 
29.9 	who has completed at least one online course while in high school or in a home-school 
29.10 	setting under section 120A.22 may receive an additional award of up to $150 to be used 
29.11 	in conjunction with the award in subdivision 9. The additional award is available to 
29.12 	new applicants for terms of enrollment beginning on or after July 1, 2009. The online 
29.13 	course must be offered by a provider certified by the Minnesota Department of Education 
29.14 	under section 124D.095 or by an eligible postsecondary institution as defined under 
29.15 	section 136A.101, subdivision 4. If the official high school transcript is not sufficient to 
29.16 	document the completion of the online course, the student may be required to submit 
29.17 	further documentation as required by the office.

29.18 	Sec. 19. Minnesota Statutes 2008, section 136A.127, is amended by adding a 
29.19 	subdivision to read:
29.20 		Subd. 10a.Student investment. A student investment is required in an amount 
29.21 	equal to the remainder of the assigned student responsibility as defined in section 
29.22 	136A.121, subdivision 5, after deducting the Achieve Scholarship.

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

29.25 	Sec. 20. Minnesota Statutes 2008, section 136A.127, subdivision 14, is amended to 
29.26 	read:
29.27 		Subd. 14.Evaluation report. By January 15 of each odd-numbered year, the 
29.28 	Office of Higher Education shall submit a report, to the committees of the legislature with 
29.29 	jurisdiction over higher education finance and policy, regarding the success of the program 
29.30 	in increasing the enrollment of students in rigorous high school courses, including, at a 
29.31 	minimum, the following information: 
29.32 	(1) the demographics of individuals participating in the program; 
30.1 	(2) the grades scholarship recipients received for courses in the qualifying program 
30.2 	under subdivision 2; 
30.3 	(3) the number of scholarship recipients who persisted at a postsecondary institution 
30.4 	for a second year; 
30.5 	(4)(3) the high schools attended by the program participants; 
30.6 	(5)(4) the postsecondary institutions attended by the program participants; 
30.7 	(6)(5) the academic performance of the students after enrolling in a postsecondary 
30.8 	institution; and 
30.9 	(7)(6) other information as identifieddetermined by the director. 

30.10 	Sec. 21. Minnesota Statutes 2008, section 136A.1701, subdivision 10, is amended to 
30.11 	read:
30.12 		Subd. 10.Prohibition on use of state money. Except as provided in section 
30.13 	136A.1787, paragraph (a), no money originating from state sources in the state treasury 
30.14 	shall be made available for student loans under this section and all student loans shall be 
30.15 	made from money originating from nonstate sources.

30.16 	Sec. 22. [136A.1787] SELF LOAN REVENUE BONDS ANNUAL CERTIFICATE 
30.17 	OF NEED.
30.18 	(a) In order to ensure the payment of the principal of and interest on bonds and 
30.19 	notes of the office and the continued maintenance of the loan capital fund under section 
30.20 	136A.1785, the office shall annually determine and certify to the governor, on or before 
30.21 	December 1, the amount, if any:
30.22 	(1) needed to restore the loan capital fund to the minimum amount required by a 
30.23 	resolution or indenture relating to any bonds or notes of the office, not exceeding the 
30.24 	maximum amount of principal and interest to become due and payable in any subsequent 
30.25 	year on all bonds or notes which are then outstanding; 
30.26 	(2) determined by the office to be needed in the immediately ensuing fiscal year, with 
30.27 	other funds pledged and estimated to be received during that year, for the payment of the 
30.28 	principal and interest due and payable in that year on all outstanding bonds and notes; and 
30.29 	(3) needed to restore any debt service reserve fund securing any outstanding bonds 
30.30 	or notes of the office to the amount required in a resolution or indenture relating to such 
30.31 	outstanding bonds or notes.
30.32 	(b) The governor shall include and submit the amounts certified by the office in 
30.33 	accordance with this section to the legislature in the governor's budget for the following 
31.1 	fiscal year, or in a governor's supplemental budget if the regular budget for that year has 
31.2 	previously been approved.

31.3 	Sec. 23. [136A.1795] LARGE ANIMAL VETERINARIAN LOAN 
31.4 	FORGIVENESS PROGRAM.
31.5 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
31.6 	have the meanings given.
31.7 	(b) "Veterinarian" means an individual who has been awarded a doctor of veterinary 
31.8 	medicine degree from the College of Veterinary Medicine, University of Minnesota.
31.9 	(c) "Designated rural area" means an area in Minnesota outside the counties of 
31.10 	Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, excluding the cities of 
31.11 	Duluth, Mankato, Moorhead, Rochester, and St. Cloud.
31.12 	(d) "Emergency circumstances" means those conditions that make it impossible for 
31.13 	the participant to fulfill the service commitment, including death, total and permanent 
31.14 	disability, or temporary disability lasting more than two years.
31.15 	(e) "Qualified educational loan" means a government, commercial, or foundation 
31.16 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
31.17 	expenses related to the education of a veterinarian.
31.18 		Subd. 2.Establishment; administration. (a) The director of the Minnesota Office 
31.19 	of Higher Education shall establish and administer a loan forgiveness program for large 
31.20 	animal veterinarians who:
31.21 	(1) agree to practice in designated rural areas that are considered underserved; and
31.22 	(2) work full time in a practice that is at least 50 percent involved with the care of 
31.23 	food animals.
31.24 	(b) Appropriations made to the program do not cancel and are available until 
31.25 	expended.
31.26 		Subd. 3.Eligibility. (a) To be eligible to participate in the loan forgiveness program, 
31.27 	an individual must:
31.28 	(1) be a veterinarian who has been awarded a veterinary medicine degree within 
31.29 	three years of submitting an application under this section, or be enrolled in the 
31.30 	veterinarian degree program and making satisfactory progress in the College of Veterinary 
31.31 	Medicine, University of Minnesota; and
31.32 	(2) submit an application to the director of the Minnesota Office of Higher Education 
31.33 	in the form and manner prescribed by the director.
31.34 	(b) An applicant selected to participate must sign a contract agreeing to complete a 
31.35 	five-year service obligation to practice as required under subdivision 2, paragraph (a).
32.1 		Subd. 4.Loan forgiveness. (a) The director of the Minnesota Office of Higher 
32.2 	Education may select a maximum of five applicants each year for participation in the loan 
32.3 	forgiveness program, within the limits of available funding. Applicants are responsible for 
32.4 	securing their own qualified educational loans.
32.5 	(b) The director must select participants based on their suitability for practice serving 
32.6 	the designated rural area, as indicated by experience or training. The director must give 
32.7 	preference to applicants closest to completing their training.
32.8 	(c) The director must make annual disbursements directly to the participant of 
32.9 	$15,000 or the balance of the participant's qualifying educational loans, whichever is less, 
32.10 	for each year that a participant meets the service obligation required under subdivision 3, 
32.11 	paragraph (b), up to a maximum of five years.
32.12 	(d) Before receiving loan repayment disbursements and as requested, the participant 
32.13 	must complete and return to the director an affidavit of practice form provided by the 
32.14 	director verifying that the participant is practicing as required under subdivision 2, 
32.15 	paragraph (a). The participant must provide the director with verification that the full 
32.16 	amount of loan repayment disbursement received by the participant has been applied 
32.17 	toward the designated loans. After each disbursement, verification must be received by 
32.18 	the director and approved before the next loan repayment disbursement is made.
32.19 	(e) Participants who move their practice remain eligible for loan repayment as long 
32.20 	as they practice as required under subdivision 2, paragraph (a).
32.21 		Subd. 5.Penalty for nonfulfillment. If a participant does not fulfill the required 
32.22 	minimum commitment of service required under subdivision 3, paragraph (b), the director 
32.23 	of the Minnesota Office of Higher Education must collect from the participant the total 
32.24 	amount paid to the participant under the loan forgiveness program plus interest at a rate 
32.25 	established according to section 270C.40. The director must deposit the money collected 
32.26 	in the state general fund. The director must allow waivers of all or part of the money owed 
32.27 	the director as a result of a nonfulfillment penalty if emergency circumstances prevented 
32.28 	fulfillment of the service obligation.
32.29 		Subd. 6.Rules. The director may adopt rules to implement this section.

32.30 	Sec. 24. Minnesota Statutes 2008, section 136A.87, is amended to read:
32.31 	136A.87 PLANNING INFORMATION FOR POSTSECONDARY 
32.32 	EDUCATION.
32.33 	The office shall make available to all residents from 8th beginning in 7th grade 
32.34 	through adulthood information about planning and preparing for postsecondary 
32.35 	opportunities. Information must be provided to all 8th 7th grade students and their parents 
33.1 	annually  by January 1 of each year September 30 about the need to plan planning for 
33.2 	their postsecondary education. The office may also provide information to high school 
33.3 	students and their parents, to adults, and to out-of-school youth. The information provided 
33.4 	may include the following:
33.5 	(1) the need to start planning early;
33.6 	(2) the availability of assistance in educational planning from educational institutions 
33.7 	and other organizations;
33.8 	(3) suggestions for studying effectively during high school;
33.9 	(4) high school courses necessary to be adequately prepared for postsecondary 
33.10 	education;
33.11 	(5) encouragement to involve parents actively in planning for all phases of education;
33.12 	(6) information about post-high school postsecondary education and training 
33.13 	opportunities existing in the state, their respective missions and expectations for students, 
33.14 	their preparation requirements, admission requirements, and student placement;
33.15 	(7) ways to evaluate and select postsecondary institutions;
33.16 	(8) the process of transferring credits among Minnesota postsecondary institutions 
33.17 	and systems;
33.18 	(9) the costs of postsecondary education and the availability of financial assistance 
33.19 	in meeting these costs, including specific information about the Minnesota promise and 
33.20 	achieve scholarship program;
33.21 	(10) the interrelationship of assistance from student financial aid, public assistance, 
33.22 	and job training programs; and
33.23 	(11) financial planning for postsecondary education beyond high school.

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

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

34.7 	Sec. 26. Minnesota Statutes 2008, section 136F.03, subdivision 4, is amended to read:
34.8 		Subd. 4. Recommendations. Except for seats filled under sections 136F.04 and 
34.9 	136F.045, the advisory council shall recommend at least two and not more than four 
34.10 	candidates for each seat. By April 15 of each even-numbered year in which the governor 
34.11 	makes appointments to the board, the advisory council shall submit its recommendations 
34.12 	to the governor and to the chairs and ranking minority members of the legislative 
34.13 	committees with primary jurisdiction over higher education policy and finance. The 
34.14 	governor is not bound by these recommendations. 

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

34.22 	Sec. 28. Minnesota Statutes 2008, section 136F.045, is amended to read:
34.23 	136F.045 LABOR ORGANIZATION BOARD MEMBER SELECTION 
34.24 	PROCESS. 
34.25 	The Minnesota AFL-CIO shall recruit and screen qualified labor candidates to 
34.26 	be recommended to the governor for appointment to the board. The organization must 
34.27 	develop a process for selecting candidates, and a statement of selection criteria for board 
34.28 	membership that is consistent with the requirements under section 136F.02, subdivision 1. 
34.29 	The organization must recommend at least two and no more than four candidates to the 
34.30 	governor beginning in 2010 and every six years thereafter. Recommendations must be 
34.31 	made to the governor and to the chairs and ranking minority members of the legislative 
34.32 	committees with primary jurisdiction over higher education policy and finance by April 15 
35.1 	of the year in which the governor makes appointments to the board. The governor is not 
35.2 	bound by the recommendations. 

35.3 	Sec. 29. [136F.37] JOB PLACEMENT IMPACT ON PROGRAM REVIEW; 
35.4 	INFORMATION TO STUDENTS.
35.5 	The board must assess labor market data when conducting college program reviews. 
35.6 	Colleges must provide prospective students with the job placement rate for graduates of 
35.7 	technical and occupational programs offered at the colleges.

35.8 	Sec. 30. Minnesota Statutes 2008, section 136F.46, subdivision 3, is amended to read:
35.9 		Subd. 3.Solicitation. Efforts to secure payroll deductions authorized in subdivision 
35.10 	1 may not interfere with, require a modification of, nor be conducted during the period of 
35.11 	a payroll deduction fund drive for employees authorized by section 309.501 43A.50.  

35.12 	Sec. 31. [137.0225] UNIVERSITY SCHOLARSHIP.
35.13 	The Board of Regents may establish a scholarship to help offset the impact of 
35.14 	rising tuition for Minnesota students from middle-income families. To be eligible for a 
35.15 	scholarship under this section, a student must be a Minnesota resident undergraduate 
35.16 	from a family that is not Pell eligible with an annual adjusted gross income not to exceed 
35.17 	$100,000.

35.18 	Sec. 32. Minnesota Statutes 2008, section 137.0245, subdivision 2, is amended to read:
35.19 		Subd. 2.Membership. The Regent Candidate Advisory Council shall consist of 
35.20 	24 members. Twelve members shall be appointed by the Subcommittee on Committees 
35.21 	of the Committee on Rules and Administration of the senate. Twelve members shall 
35.22 	be appointed by the speaker of the house. Each appointing authority must appoint one 
35.23 	member who is a student enrolled in a degree program at the University of Minnesota at 
35.24 	the time of appointment. No more than one-third of the members appointed by each 
35.25 	appointing authority may be current or former legislators. No more than two-thirds of the 
35.26 	members appointed by each appointing authority may belong to the same political party; 
35.27 	however, political activity or affiliation is not required for the appointment of any member. 
35.28 	Geographical representation must be taken into consideration when making appointments. 
35.29 	Section 15.0575 shall govern the advisory council, except that: 
35.30 	(1) the members shall be appointed to six-year terms with one-third appointed each 
35.31 	even-numbered year; and
36.1 	(2) student members are appointed to two-year terms with two students appointed 
36.2 	each even-numbered year.
36.3 	A member may not serve more than two full terms.

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

36.7 	Sec. 33. Minnesota Statutes 2008, section 137.0246, subdivision 2, is amended to read:
36.8 		Subd. 2.Regent nomination joint committee. (a) The joint legislative committee 
36.9 	consists of the members of the higher education budget and policy divisions in each house 
36.10 	of the legislature. The chairs of the divisions from each body shall be cochairs of the 
36.11 	joint legislative committee. A majority of the members from each house is a quorum of 
36.12 	the joint committee.
36.13 	(b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent 
36.14 	resolution, the joint legislative committee shall meet to consider the advisory council's 
36.15 	recommendations for regent of the University of Minnesota for possible presentation to a 
36.16 	joint convention of the legislature.
36.17 	(c) The joint committee may recommend to the joint convention candidates 
36.18 	recommended by the advisory council and the other candidates nominated by the joint 
36.19 	committee. A candidate other than those recommended by the advisory council may be 
36.20 	nominated for consideration by the joint committee only if the nomination receives the 
36.21 	support of at least three house of representatives members of the committee and two 
36.22 	senate members of the committee. A candidate must receive a majority vote of members 
36.23 	from the house of representatives and from the senate on the joint committee to be 
36.24 	recommended to the joint convention. The joint committee may recommend no more than 
36.25 	one candidate for each vacancy. In recommending nominees, the joint committee must 
36.26 	consider the needs of the board of regents and the balance of the board membership with 
36.27 	respect to gender, racial, and ethnic composition.
36.28 	(d) The joint committee must meet twice, approximately one week apart. The first 
36.29 	meeting is for the purpose of interviewing candidates and recommending candidates for 
36.30 	the joint committee to consider. The second meeting is for the purpose of voting for 
36.31 	candidates for recommendation to the joint convention.

36.32 	Sec. 34. Minnesota Statutes 2008, section 137.025, subdivision 1, is amended to read:
36.33 		Subdivision 1.Appropriations not for buildings. The commissioner of finance 
36.34 	shall pay no money to the University of Minnesota pursuant to a direct appropriation, other 
37.1 	than an appropriation for buildings, until the university first certifies to the commissioner 
37.2 	of finance that its aggregate balances in the temporary investment pool, cash, or separate 
37.3 	investments, resulting from all state maintenance and special appropriations do not 
37.4 	exceed $7,000,000, or any other amount specified in the act making the appropriation, 
37.5 	plus one-third of all tuition and fee payments from the previous fiscal year. Upon this 
37.6 	certification, 1/12 of the annual appropriation to the university shall be paid at the 
37.7 	beginningUniversity of Minnesota on the 21st day of each month. Additional payments 
37.8 	shall be made by the commissioner of finance whenever the state appropriations and 
37.9 	tuition aggregate balances in the temporary investment pool, cash, or separate investments 
37.10 	are reduced below the indicated levels If the 21st day of the month falls on a Saturday 
37.11 	or Sunday, the monthly payment must be made on the first business day immediately 
37.12 	following the 21st day of the month.

37.13 	Sec. 35. Minnesota Statutes 2008, section 179A.03, subdivision 14, is amended to read:
37.14 		Subd. 14.Public employee or employee. "Public employee" or "employee" means 
37.15 	any person appointed or employed by a public employer except:
37.16 	(a) elected public officials;
37.17 	(b) election officers;
37.18 	(c) commissioned or enlisted personnel of the Minnesota National Guard;
37.19 	(d) emergency employees who are employed for emergency work caused by natural 
37.20 	disaster;
37.21 	(e) part-time employees whose service does not exceed the lesser of 14 hours per 
37.22 	week or 35 percent of the normal work week in the employee's appropriate unit;
37.23 	(f) employees whose positions are basically temporary or seasonal in character and: 
37.24 	(1) are not for more than 67 working days in any calendar year; or (2) are not for more 
37.25 	than 100 working days in any calendar year and the employees are under the age of 22, are 
37.26 	full-time students enrolled in a nonprofit or public educational institution prior to being 
37.27 	hired by the employer, and have indicated, either in an application for employment or by 
37.28 	being enrolled at an educational institution for the next academic year or term, an intention 
37.29 	to continue as students during or after their temporary employment;
37.30 	(g) employees providing services for not more than two consecutive quarters to the 
37.31 	Board of Trustees of the Minnesota State Colleges and Universities under the terms of a 
37.32 	professional or technical services contract as defined in section 16C.08, subdivision 1;
37.33 	(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;
38.1 	(i) full-time undergraduate students employed by the school which they attend under 
38.2 	a work-study program or in connection with the receipt of financial aid, irrespective 
38.3 	of number of hours of service per week;
38.4 	(j) an individual who is employed for less than 300 hours in a fiscal year as an 
38.5 	instructor in an adult vocational education program;
38.6 	(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and 
38.7 	Universities to teach one course for three or fewer credits for one semester in a year;
38.8 	(l) with respect to court employees:
38.9 	(1) personal secretaries to judges;
38.10 	(2) law clerks;
38.11 	(3) managerial employees;
38.12 	(4) confidential employees; and
38.13 	(5) supervisory employees;
38.14 	(m) with respect to employees of Hennepin Healthcare System, Inc., managerial, 
38.15 	supervisory, and confidential employees.
38.16 	The following individuals are public employees regardless of the exclusions of 
38.17 	clauses (e) and (f):
38.18 	(i) An employee hired by a school district or the Board of Trustees of the Minnesota 
38.19 	State Colleges and Universities except at the university established in section 136F.13
38.20 	the Twin Cities metropolitan area under section 136F.10 or for community services or 
38.21 	community education instruction offered on a noncredit basis: (A) to replace an absent 
38.22 	teacher or faculty member who is a public employee, where the replacement employee 
38.23 	is employed more than 30 working days as a replacement for that teacher or faculty 
38.24 	member; or (B) to take a teaching position created due to increased enrollment, curriculum 
38.25 	expansion, courses which are a part of the curriculum whether offered annually or not, or 
38.26 	other appropriate reasons;
38.27 	(ii) An employee hired for a position under clause (f)(1) if that same position has 
38.28 	already been filled under clause (f)(1) in the same calendar year and the cumulative 
38.29 	number of days worked in that same position by all employees exceeds 67 calendar days 
38.30 	in that year. For the purpose of this paragraph, "same position" includes a substantially 
38.31 	equivalent position if it is not the same position solely due to a change in the classification 
38.32 	or title of the position; and
38.33 	(iii) an early childhood family education teacher employed by a school district.

38.34 	Sec. 36. Minnesota Statutes 2008, section 299A.45, subdivision 1, is amended to read:
39.1 		Subdivision 1.Eligibility. A person is eligible to receive educational benefits under 
39.2 	this section if the person:
39.3 	(1) is certified under section 299A.44 and in compliance with this section and rules 
39.4 	of the commissioner of public safety and the Minnesota Office of Higher Education;
39.5 	(2) is enrolled in an undergraduate degree or certificate program after June 30, 1990, 
39.6 	at an eligible Minnesota institution as provided in section 136A.101, subdivision 4;
39.7 	(3) has not received a baccalaureate degree or been enrolled full time for ten nine
39.8 	semesters or the equivalent, except that a student who withdraws from enrollment for 
39.9 	active military service is entitled to an additional semester or the equivalent of eligibility; 
39.10 	and
39.11 	(4) is related in one of the following ways to a public safety officer killed in the 
39.12 	line of duty on or after January 1, 1973:
39.13 	(i) as a dependent child less than 23 years of age;
39.14 	(ii) as a surviving spouse; or
39.15 	(iii) as a dependent child less than 30 years of age who has served on active military 
39.16 	duty 181 consecutive days or more and has been honorably discharged or released to the 
39.17 	dependent child's reserve or National Guard unit.

39.18 	Sec. 37. Minnesota Statutes 2008, section 340A.404, subdivision 4a, is amended to 
39.19 	read:
39.20 		Subd. 4a.State-owned recreation; entertainment facilities. Notwithstanding any 
39.21 	other law, local ordinance, or charter provision, the commissioner may issue on-sale 
39.22 	intoxicating liquor licenses:
39.23 	(1) to the state agency administratively responsible for, or to an entity holding a 
39.24 	concession or facility management contract with such agency for beverage sales at, the 
39.25 	premises of any Giants Ridge Recreation Area building or recreational improvement area 
39.26 	owned by the state in the town of White city of Biwabik, St. Louis County;
39.27 	(2) to the state agency administratively responsible for, or to an entity holding a 
39.28 	concession or facility management contract with such agency for beverage sales at, the 
39.29 	premises of any Ironworld Discovery Center building or facility owned by the state at 
39.30 	Chisholm; and
39.31 	(3) to the Board of Regents of the University of Minnesota for events at Northrop 
39.32 	Auditorium, the intercollegiate football stadium, or at no more than seven other locations 
39.33 	within the boundaries of the University of Minnesota, provided that the Board of Regents 
39.34 	has approved an application for a license for the specified location and provided that a 
39.35 	license for an arena or stadium location is void unless it requires the sale of intoxicating 
40.1 	liquor throughout the arena or stadium if intoxicating liquor is sold anywhere in the arena 
40.2 	or stadium.
40.3 	The commissioner shall charge a fee for licenses issued under this subdivision in an 
40.4 	amount comparable to the fee for comparable licenses issued in surrounding cities.

40.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
40.6 	and applies to applications for an on-sale liquor license made after December 1, 2008.

40.7 	Sec. 38. IMPLEMENTATION OF TEXTBOOK INFORMATION 
40.8 	REQUIREMENTS.
 40.9 	The Minnesota Office of Higher Education must  report to the committees of 
40.10 	the legislature responsible for higher education finance by January 15, 2010, on the 
40.11 	implementation of textbook information requirements under United States Code, title 20, 
40.12 	section 1015b, effective July 1, 2010. In preparing the report, the office must work with 
40.13 	representatives of textbook publishers, the Student Advisory Council, Minnesota State 
40.14 	Colleges and Universities, the University of Minnesota, and the Private College Council. 
40.15 	At a minimum, the report must include a template that publishers may use to provide 
40.16 	the required information in a consistent format to all Minnesota campuses, and make 
40.17 	recommendations for methods to disseminate pricing information to support students and 
40.18 	faculty in making well informed decisions about course materials.

40.19 	Sec. 39. ACHIEVE SCHOLARSHIP FOR STUDENTS ELIGIBLE PRIOR TO 
40.20 	JANUARY 1, 2009.
 40.21 	A student who met the requirements to receive an Achieve Scholarship prior to 
40.22 	January 1, 2009, but did not receive the scholarship award, may be awarded a onetime 
40.23 	scholarship of $1,200. This section expires on December 31, 2012.

40.24 	Sec. 40. TEACHER EDUCATION REPORT.
 40.25 	The Minnesota Office of Higher Education and Minnesota Department of Education 
40.26 	must report to the committees of the legislature with jurisdiction over teacher education on 
40.27 	best practices in innovative teacher education programs and teacher education research. 
40.28 	The report must include, at a minimum, information on:
40.29 	(1) teacher education preparation program curricula that will prepare prospective 
40.30 	teachers to teach an increasingly diverse student population;
40.31 	(2) opportunities for mid-career professionals employed in professions in which 
40.32 	there is a shortage of teachers to pursue a teaching career; and
40.33 	(3) enhancing the ability of teachers to use technology in the classroom.
41.1 	The report must be submitted by June 15, 2010.

41.2 	Sec. 41. FISCAL STABILIZATION ACCOUNT; PRIMARY PAYEE.
 41.3 	(a) The fiscal stabilization account is created in the federal fund in the state 
41.4 	treasury. All money received by the state under title XIV of the American Recovery and 
41.5 	Reinvestment Act of 2009, Public Law 111-5, division A, must be credited to the fiscal 
41.6 	stabilization account. Money in the account must not be spent except pursuant to a direct 
41.7 	appropriation by law. When all money credited and to be credited to the account from the 
41.8 	American Recovery and Reinvestment Act of 2009 has been spent, the commissioner of 
41.9 	finance shall close the account.
41.10 	(b) The commissioner of finance may designate a primary payee for each state fiscal 
41.11 	stabilization award. The primary payee must transfer the amount of stabilization funds 
41.12 	appropriated by law to the state agencies and higher education institutions designated to 
41.13 	receive these funds in law.

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

41.15 	Sec. 42. MINNESOTA STATE COLLEGE - SOUTHEAST TECHNICAL; 
41.16 	AVIATION TRAINING CENTER.
 41.17 	Notwithstanding Minnesota Statutes, section 136F.60, subdivision 5, the net 
41.18 	proceeds of the sale or disposition of the Aviation Training Center in Winona operated by 
41.19 	Minnesota State College - Southeast Technical, after paying all expenses incurred in selling 
41.20 	the property and retiring any remaining debt attributable to the project, are appropriated to 
41.21 	the Board of Trustees of the Minnesota State Colleges and Universities for use in a capital 
41.22 	project at the Winona campus and need not be paid to the commissioner of finance, as 
41.23 	would otherwise be required by Minnesota Statutes, section 16A.695, subdivision 3.
41.24 	When the sale is complete and the sale proceeds have been applied as provided in 
41.25 	this section, Minnesota Statutes, section 16A.695, no longer applies to the property and 
41.26 	the property is no longer state bond financed property.

41.27 	Sec. 43. POWER OF YOU PILOT PROGRAMS.
 41.28 		Subdivision 1.Power of you pilot programs. The Board of Trustees of the 
41.29 	Minnesota State Colleges and Universities shall establish power of you pilot programs in 
41.30 	suburban and rural sites. The pilots shall comply with Minnesota Statutes, section 136F.19.
41.31 		Subd. 2.Suburban pilot selection. By July 1, 2009, the board of trustees shall 
41.32 	select one technical college and one community college or community-technical college 
41.33 	in the Minneapolis-St. Paul suburban area to develop a new power of you pilot program 
42.1 	in conjunction with Metropolitan State University. Each college in the pilot program 
42.2 	must work with a high school partner selected by the board in the Minneapolis-St. Paul 
42.3 	suburban area.
42.4 		Subd. 3.Rural pilot selection. By July 1, 2009, the Board of Trustees shall select 
42.5 	two rural colleges to participate in the power of you pilot programs. One of the pilot 
42.6 	programs must be a multicampus college in an agricultural part of the state and the other a 
42.7 	multicampus college in a nonagricultural part of the state dependent on natural resources. 
42.8 	Each college in the pilot program must work with a high school partner selected by the 
42.9 	board.
42.10 		Subd. 4.Match. Pilot programs established under this section must match each 
42.11 	state dollar with an equal amount of nonstate money or an in-kind contribution.

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

42.13 	Sec. 44. MINNESOTA STATE COLLEGES AND UNIVERSITIES DEGREE 
42.14 	REQUIREMENTS.
 42.15 	Until July 2, 2012, an associate of applied science degree offered by a college in 
42.16 	the Minnesota State Colleges and Universities system is exempt from the 60-semester 
42.17 	credit length limit for an associate degree specified in the Minnesota State Colleges and 
42.18 	Universities Board Policy number 3.36, part 3, subpart C. The chancellor may consider 
42.19 	criteria for waiving the credit length limits under this board policy for emerging or 
42.20 	innovative programs. By January 2, 2012, the Minnesota State College Faculty and the 
42.21 	Minnesota State College Student Association must present a joint report to the house of 
42.22 	representatives and senate committees with jurisdiction over higher education policy on a 
42.23 	process for reviewing the credit requirements for an associate of applied science degree.

42.24 	EFFECTIVE DATE. This section is effective the day following final enactment 
42.25 	and applies to associate of applied science degrees whether first offered before, on, or 
42.26 	after that date.

42.27 	Sec. 45. FAFSA REPORT.
 42.28 	By March 15, 2011, the Office of Higher Education must report to the committees 
42.29 	of the legislature with primary jurisdiction over higher education on the policies and 
42.30 	procedures adopted by institutions eligible for the state grant program to increase student 
42.31 	awareness of the need to complete a FAFSA application with a preliminary assessment of 
42.32 	the effectiveness of the policies and procedures.

43.1 	Sec. 46.  REPEALER.
 43.2 	Minnesota Statutes 2008, section 136A.127, subdivisions 8, 12, and 13, are repealed.

43.3 	ARTICLE 3
43.4 	DENTAL THERAPISTS

43.5 	Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a 
43.6 	subdivision to read:
43.7 		Subd. 6b.Dental therapist. "Dental therapist" means a person licensed under this 
43.8 	chapter to perform the services authorized under section 150A.105 or any other services 
43.9 	authorized under this chapter.

43.10 	Sec. 2. Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision 
43.11 	to read:
43.12 		Subd. 6c. Advanced dental therapist. "Advanced dental therapist" means a person 
43.13 	licensed as a dental therapist under this chapter and who has been certified by the board to 
43.14 	practice as an advanced dental therapist under section 150A.106.

43.15 	Sec. 3. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision 
43.16 	to read:
43.17 		Subd. 1b.Practice of dental therapy. A person shall be deemed to be practicing as 
43.18 	a dental therapist within the meaning of this chapter who:
43.19 	(1) works under the supervision of a Minnesota-licensed dentist under a collaborative 
43.20 	management agreement as specified under section 150A.105;
43.21 	(2) practices in settings that serve low-income, uninsured, and underserved patients 
43.22 	or are located in dental health professional shortage areas; and
43.23 	(3) provides oral health care services, including preventive, oral evaluation and 
43.24 	assessment, educational, palliative, therapeutic, and restorative services as authorized 
43.25 	under sections 150A.105 and 150A.106 and within the context of a collaborative 
43.26 	management agreement.

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

44.29 	Sec. 5. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
44.30 	to read:
44.31 		Subd. 1d.Dental therapists. A person of good moral character who has graduated 
44.32 	with a baccalaureate degree or a master's degree from a dental therapy education program 
44.33 	that has been approved by the board or accredited by the American Dental Association 
44.34 	Commission on Dental Accreditation or another board-approved national accreditation 
44.35 	organization may apply for licensure. 
45.1 	The applicant must submit an application and fee as prescribed by the board and a 
45.2 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
45.3 	the applicant must pass a comprehensive, competency-based clinical examination that is 
45.4 	approved by the board and administered independently of an institution providing dental 
45.5 	therapy education. The applicant must also pass an examination testing the applicant's 
45.6 	knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 
45.7 	applicant who has failed the clinical examination twice is ineligible to retake the clinical 
45.8 	examination until further education and training are obtained as specified by the board. A 
45.9 	separate, nonrefundable fee may be charged for each time a person applies. An applicant 
45.10 	who passes the examination in compliance with subdivision 2b, abides by professional 
45.11 	ethical conduct requirements, and meets all the other requirements of the board shall 
45.12 	be licensed as a dental therapist.

45.13 	Sec. 6. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
45.14 	to read:
45.15 		Subd. 1e.Resident dental providers. A person who is a graduate of an 
45.16 	undergraduate program and is an enrolled graduate student of an advanced dental 
45.17 	education program shall obtain from the board a license to practice as a resident dental 
45.18 	hygienist or dental therapist. The license must be designated "resident dental provider 
45.19 	license" and authorizes the licensee to practice only under the supervision of a licensed 
45.20 	dentist or licensed dental therapist. A resident dental provider license must be renewed 
45.21 	annually by the board. An applicant for a resident dental provider license shall pay a 
45.22 	nonrefundable fee set by the board for issuing and renewing the license. The requirements 
45.23 	of sections 150A.01 to 150A.21 apply to resident dental providers except as specified in 
45.24 	rules adopted by the board. A resident dental provider license does not qualify a person 
45.25 	for licensure under subdivision 1d or 2.

45.26 	Sec. 7. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
45.27 		Subd. 2d.Continuing education and professional development waiver. (a) The 
45.28 	board shall grant a waiver to the continuing education requirements under this chapter for 
45.29 	a licensed dentist, a licensed dental therapist, licensed dental hygienist, or registered dental 
45.30 	assistant who documents to the satisfaction of the board that the dentist, a dental therapist, 
45.31 	dental hygienist, or registered dental assistant has retired from active practice in the state 
45.32 	and limits the provision of dental care services to those offered without compensation 
45.33 	in a public health, community, or tribal clinic or a nonprofit organization that provides 
46.1 	services to the indigent or to recipients of medical assistance, general assistance medical 
46.2 	care, or MinnesotaCare programs.
46.3 	(b) The board may require written documentation from the volunteer and retired 
46.4 	dentist, a dental therapist, dental hygienist, or registered dental assistant prior to granting 
46.5 	this waiver.
46.6 	(c) The board shall require the volunteer and retired dentist, dental therapist, dental 
46.7 	hygienist, or registered dental assistant to meet the following requirements:
46.8 	(1) a licensee or registrant seeking a waiver under this subdivision must complete 
46.9 	and document at least five hours of approved courses in infection control, medical 
46.10 	emergencies, and medical management for the continuing education cycle; and
46.11 	(2) provide documentation of certification in advanced or basic cardiac life support 
46.12 	recognized by the American Heart Association, the American Red Cross, or an equivalent 
46.13 	entity.

46.14 	Sec. 8. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
46.15 		Subd. 5.Fraud in securing licenses or registrations. Every person implicated 
46.16 	in employing fraud or deception in applying for or securing a license or registration to 
46.17 	practice dentistry, dental hygiene, ordental therapy, or  dental assisting,  or in annually 
46.18 	renewing a license or registration under sections 150A.01 to 150A.12 is guilty of a gross 
46.19 	misdemeanor. 

46.20 	Sec. 9. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
46.21 		Subd. 6.Display of name and certificates. The initial license and subsequent 
46.22 	renewal, or current registration certificate, of every dentist, a dental therapist, dental 
46.23 	hygienist, or dental assistant shall be conspicuously displayed in every office in which that 
46.24 	person practices, in plain sight of patients. Near or on the entrance door to every office 
46.25 	where dentistry is practiced, the name of each dentist practicing there, as inscribed on the 
46.26 	current license certificate, shall be displayed in plain sight.

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

48.17 	Sec. 11. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
48.18 		Subd. 3a.Costs; additional penalties. (a) The board may impose a civil penalty 
48.19 	not exceeding $10,000 for each separate violation, the amount of the civil penalty to 
48.20 	be fixed so as to deprive a licensee or registrant of any economic advantage gained by 
48.21 	reason of the violation, to discourage similar violations by the licensee or registrant or any 
48.22 	other licensee or registrant, or to reimburse the board for the cost of the investigation and 
48.23 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
48.24 	Administrative Hearings, legal and investigative services provided by the Office of the 
48.25 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
48.26 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
48.27 	staff and board members.
48.28 	(b) In addition to costs and penalties imposed under paragraph (a), the board may 
48.29 	also:
48.30 	(1) order the dentist, dental therapist, dental hygienist, or dental assistant to provide 
48.31 	unremunerated service;
48.32 	(2) censure or reprimand the dentist, dental therapist, dental hygienist, or dental 
48.33 	assistant; or
48.34 	(3) any other action as allowed by law and justified by the facts of the case.

49.1 	Sec. 12. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
49.2 		Subd. 5.Medical examinations. If the board has probable cause to believe that a 
49.3 	dentist, dental therapist, dental hygienist, registered dental assistant, or applicant engages 
49.4 	in acts described in subdivision 1, clause (4) or (5), or has a condition described in 
49.5 	subdivision 1, clause (8), it shall direct the dentist, dental therapist, dental hygienist, 
49.6 	assistant, or applicant to submit to a mental or physical examination or a chemical 
49.7 	dependency assessment. For the purpose of this subdivision, every dentist, dental 
49.8 	therapist, hygienist, or assistant licensed or registered under this chapter or person 
49.9 	submitting an application for a license or registration is deemed to have given consent 
49.10 	to submit to a mental or physical examination when directed in writing by the board and 
49.11 	to have waived all objections in any proceeding under this section to the admissibility 
49.12 	of the examining physician's testimony or examination reports on the ground that they 
49.13 	constitute a privileged communication. Failure to submit to an examination without just 
49.14 	cause may result in an application being denied or a default and final order being entered 
49.15 	without the taking of testimony or presentation of evidence, other than evidence which 
49.16 	may be submitted by affidavit, that the licensee, registrant, or applicant did not submit to 
49.17 	the examination. A dentist, dental therapist, dental hygienist, registered dental assistant, 
49.18 	or applicant affected under this section shall at reasonable intervals be afforded an 
49.19 	opportunity to demonstrate ability to start or resume the competent practice of dentistry or 
49.20 	perform the duties of a dental therapist, dental hygienist, or registered dental assistant with 
49.21 	reasonable skill and safety to patients. In any proceeding under this subdivision, neither 
49.22 	the record of proceedings nor the orders entered by the board is admissible, is subject to 
49.23 	subpoena, or may be used against the dentist, dental therapist, dental hygienist, registered 
49.24 	dental assistant, or applicant in any proceeding not commenced by the board. Information 
49.25 	obtained under this subdivision shall be classified as private pursuant to the Minnesota 
49.26 	Government Data Practices Act.

49.27 	Sec. 13. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
49.28 		Subdivision 1.Registration information and procedure. On or before the license 
49.29 	or registration certificate expiration date every licensed dentist, dental therapist, dental 
49.30 	hygienist, and registered dental assistant shall transmit to the executive secretary of the 
49.31 	board, pertinent information required by the board, together with the fee established by 
49.32 	the board. At least 30 days before a license or registration certificate expiration date, 
49.33 	the board shall send a written notice stating the amount and due date of the fee and the 
49.34 	information to be provided to every licensed dentist, dental therapist, dental hygienist, 
49.35 	and registered dental assistant.

50.1 	Sec. 14. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
50.2 		Subd. 3.Current address, change of address. Every dentist, dental therapist, 
50.3 	dental hygienist, and registered dental assistant shall maintain with the board a correct 
50.4 	and current mailing address. For dentists engaged in the practice of dentistry, the address 
50.5 	shall be that of the location of the primary dental practice. Within 30 days after changing 
50.6 	addresses, every dentist, dental therapist, dental hygienist, and registered dental assistant 
50.7 	shall provide the board written notice of the new address either personally or by first 
50.8 	class mail.

50.9 	Sec. 15. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
50.10 		Subd. 2.Application fees. Each applicant for licensure or registration shall submit 
50.11 	with a license or registration application a nonrefundable fee in the following amounts in 
50.12 	order to administratively process an application:
50.13 	(1) dentist, $140;
50.14 	(2) limited faculty dentist, $140;
50.15 	(3) resident dentist, $55;
50.16 	(4) dental therapist, $100;
50.17 	(5) dental hygienist, $55;
50.18 	(5) (6) registered dental assistant, $35; and
50.19 	(6) (7) dental assistant with a limited registration, $15.

50.20 	Sec. 16. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
50.21 		Subd. 3.Initial license or registration fees. Along with the application fee, each of 
50.22 	the following licensees or registrants shall submit a separate prorated initial license or 
50.23 	registration fee. The prorated initial fee shall be established by the board based on the 
50.24 	number of months of the licensee's or registrant's initial term as described in Minnesota 
50.25 	Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
50.26 	(1) dentist, $14 times the number of months of the initial term;
50.27 	(2) dental therapist, $10 times the number of months of initial term;
50.28 	(3) dental hygienist, $5 times the number of months of the initial term;
50.29 	(3)(4) registered dental assistant, $3 times the number of months of initial term; and
50.30 	(4)(5) dental assistant with a limited registration, $1 times the number of months 
50.31 	of the initial term.

50.32 	Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
51.1 		Subd. 5.Biennial license or registration fees. Each of the following licensees or 
51.2 	registrants shall submit with a biennial license or registration renewal application a fee as 
51.3 	established by the board, not to exceed the following amounts:
51.4 	(1) dentist, $336;
51.5 	(2) dental therapist, $180;
51.6 	(3) dental hygienist, $118;
51.7 	(3)(4) registered dental assistant, $80; and
51.8 	(4)(5) dental assistant with a limited registration, $24.

51.9 	Sec. 18. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
51.10 		Subd. 8.Duplicate license or registration fee. Each licensee or registrant shall 
51.11 	submit, with a request for issuance of a duplicate of the original license or registration, or 
51.12 	of an annual or biennial renewal of it, a fee in the following amounts:
51.13 	(1) original dentist, dental therapist, or dental hygiene license, $35; and
51.14 	(2) initial and renewal registration certificates and license renewal certificates, $10.

51.15 	Sec. 19. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to 
51.16 	read:
51.17 		Subd. 10.Reinstatement fee. No dentist, dental therapist, dental hygienist, or 
51.18 	registered dental assistant whose license or registration has been suspended or revoked 
51.19 	may have the license or registration reinstated or a new license or registration issued until 
51.20 	a fee has been submitted to the board in the following amounts:
51.21 	(1) dentist, $140;
51.22 	(2) dental therapist, $85;
51.23 	(3) dental hygienist, $55; and
51.24 	(3)(4) registered dental assistant, $35.

51.25 	Sec. 20. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
51.26 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
51.27 	public institution, or school authority may obtain services from a licensed dental hygienist. 
51.28 	SuchThe licensed dental hygienist may provide those services defined in section 150A.05, 
51.29 	subdivision 1a. SuchThe services provided shall not include the establishment of a final 
51.30 	diagnosis or treatment plan for a dental patient. SuchAll services shall be provided 
51.31 	under supervision of a licensed dentist. Any licensed dentist who shall permit any dental 
51.32 	service by a dental hygienist other than those authorized by the Board of Dentistry, shall 
51.33 	be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any such
52.1 	unauthorized dental service by a dental hygienist shall constitute a violation of sections 
52.2 	150A.01 to 150A.12.

52.3 	Sec. 21. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
52.4 		Subd. 2.Dental assistants. Every licensed dentist and dental therapist who uses 
52.5 	the services of any unlicensed person for the purpose of assistance in the practice of 
52.6 	dentistry or dental therapy shall be responsible for the acts of such unlicensed person 
52.7 	while engaged in such assistance. SuchThe dentist or dental therapist shall permit such
52.8 	the unlicensed assistant to perform only those acts which are authorized to be delegated to 
52.9 	unlicensed assistants by the Board of Dentistry. SuchThe acts shall be performed under 
52.10 	supervision of a licensed dentist or dental therapist. A licensed dental therapist shall not 
52.11 	supervise more than four registered dental assistants at any one practice setting. The 
52.12 	board may permit differing levels of dental assistance based upon recognized educational 
52.13 	standards, approved by the board, for the training of dental assistants. The board may also 
52.14 	define by rule the scope of practice of registered and nonregistered dental assistants. The 
52.15 	board by rule may require continuing education for differing levels of dental assistants, 
52.16 	as a condition to their registration or authority to perform their authorized duties. Any 
52.17 	licensed dentist or dental therapist who shall permit suchpermits an unlicensed assistant 
52.18 	to perform any dental service other than that authorized by the board shall be deemed to 
52.19 	be enabling an unlicensed person to practice dentistry, and commission of such an act by 
52.20 	suchan unlicensed assistant shall constitute a violation of sections 150A.01 to 150A.12.  

52.21 	Sec. 22. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
52.22 		Subd. 3.Dental technicians. Every licensed dentist and dental therapist who uses 
52.23 	the services of any unlicensed person, other than under the dentist's or dental therapist's 
52.24 	supervision and within such dentist's own office the same practice setting, for the purpose 
52.25 	of constructing, altering, repairing or duplicating any denture, partial denture, crown, 
52.26 	bridge, splint, orthodontic, prosthetic or other dental appliance, shall be required to furnish 
52.27 	such unlicensed person with a written work order in such form as shall be prescribed by 
52.28 	the rules of the board; said. The work order shall be made in duplicate form, a duplicate 
52.29 	copy to be retained in a permanent file inof the dentist's officedentist or dental therapist at 
52.30 	the practice setting for a period of two years, and the original to be retained in a permanent 
52.31 	file for a period of two years by suchthe unlicensed person in that person's place of 
52.32 	business. SuchThe permanent file of work orders to be kept by suchthe dentist, dental 
52.33 	therapist, or by suchthe unlicensed person shall be open to inspection at any reasonable 
52.34 	time by the board or its duly constituted agent.

53.1 	Sec. 23. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
53.2 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2, 
53.3 	a licensed dental hygienist or a registered dental assistant may perform the following 
53.4 	restorative procedures:
53.5 	(1) place, contour, and adjust amalgam restorations;
53.6 	(2) place, contour, and adjust glass ionomer;
53.7 	(3) adapt and cement stainless steel crowns; and
53.8 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
53.9 	where the margins are entirely within the enamel.
53.10 	(b) The restorative procedures described in paragraph (a) may be performed only if:
53.11 	(1) the licensed dental hygienist or the registered dental assistant has completed a 
53.12 	board-approved course on the specific procedures;
53.13 	(2) the board-approved course includes a component that sufficiently prepares the 
53.14 	dental hygienist or registered dental assistant to adjust the occlusion on the newly placed 
53.15 	restoration;
53.16 	(3) a licensed dentist or licensed advanced dental therapist has authorized the 
53.17 	procedure to be performed; and
53.18 	(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 
53.19 	while the procedure is being performed.
53.20 	(c) The dental faculty who teaches the educators of the board-approved courses 
53.21 	specified in paragraph (b) must have prior experience teaching these procedures in an 
53.22 	accredited dental education program.

53.23 	Sec. 24. [150A.105] DENTAL THERAPIST.
53.24 		Subdivision 1.General. A dental therapist licensed under this chapter shall practice 
53.25 	under the supervision of a Minnesota-licensed dentist and under the requirements of 
53.26 	this chapter.
53.27 		Subd. 2.Limited practice settings. A dental therapist licensed under this chapter 
53.28 	is limited to primarily practicing in settings that serve low-income, uninsured, and 
53.29 	underserved patients or in a dental health professional shortage area.
53.30 		Subd. 3.Collaborative management agreement. (a) Prior to performing any of 
53.31 	the services authorized under this chapter, a dental therapist must enter into a written 
53.32 	collaborative management agreement with a Minnesota-licensed dentist. A collaborating 
53.33 	dentist is limited to entering into a collaborative agreement with no more than five dental 
53.34 	therapists or advanced dental therapists at any one time. The agreement must include:
54.1 	(1) practice settings where services may be provided and the populations to be 
54.2 	served;
54.3 	(2) any limitations on the services that may be provided by the dental therapist, 
54.4 	including the level of supervision required by the collaborating dentist;
54.5 	(3) age and procedure specific practice protocols, including case selection criteria, 
54.6 	assessment guidelines, and imaging frequency;
54.7 	(4) a procedure for creating and maintaining dental records for the patients that 
54.8 	are treated by the dental therapist;
54.9 	(5) a plan to manage medical emergencies in each practice setting where the dental 
54.10 	therapist provides care;
54.11 	(6) a quality assurance plan for monitoring care provided by the dental therapist, 
54.12 	including patient care review, referral follow-up, and a quality assurance chart review;
54.13 	(7) protocols for administering and dispensing medications authorized under 
54.14 	subdivision 5, and section 150A.106, including the specific conditions and circumstance 
54.15 	under which these medications are to be dispensed and administered;
54.16 	(8) criteria relating to the provision of care to patients with specific medical 
54.17 	conditions or complex medication histories, including requirements for consultation prior 
54.18 	to the initiation of care;
54.19 	(9) supervision criteria of dental assistants; and
54.20 	(10) a plan for the provision of clinical resources and referrals in situations which 
54.21 	are beyond the capabilities of the dental therapist.
54.22 	(b) A collaborating dentist must be licensed and practicing in Minnesota. The 
54.23 	collaborating dentist shall accept responsibility for all services authorized and performed 
54.24 	by the dental therapist pursuant to the management agreement. Any licensed dentist who 
54.25 	permits a dental therapist to perform a dental service other than those authorized under 
54.26 	this section or by the board, or any dental therapist who performs an unauthorized service, 
54.27 	violates sections 150A.01 to 150A.12.
54.28 	(c) Collaborative management agreements must be signed and maintained by the 
54.29 	collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and 
54.30 	submitted to the board on an annual basis.
54.31 		Subd. 4.Scope of practice. (a) A licensed dental therapist may perform dental 
54.32 	services as authorized under this section within the parameters of the collaborative 
54.33 	management agreement.
54.34 	(b) The services authorized to be performed by a licensed dental therapist include 
54.35 	the oral health services, as specified in paragraphs (c) and (d), and within the parameters 
54.36 	of the collaborative management agreement.
55.1 	(c) A licensed dental therapist may perform the following services under general 
55.2 	supervision, unless restricted or prohibited in the collaborative management agreement:
55.3 	(1) oral health instruction and disease prevention education, including nutritional 
55.4 	counseling and dietary analysis;
55.5 	(2) preliminary charting of the oral cavity;
55.6 	(3) making radiographs;
55.7 	(4) mechanical polishing;
55.8 	(5) application of topical preventive or prophylactic agents, including fluoride 
55.9 	varnishes and pit and fissure sealants;
55.10 	(6) pulp vitality testing;
55.11 	(7) application of desensitizing medication or resin;
55.12 	(8) fabrication of athletic mouthguards;
55.13 	(9) placement of temporary restorations;
55.14 	(10) fabrication of soft occlusal guards;
55.15 	(11) tissue conditioning and soft reline;
55.16 	(12) atraumatic restorative therapy;
55.17 	(13) dressing changes;
55.18 	(14) tooth reimplantation;
55.19 	(15) administration of local anesthetic; and
55.20 	(16) administration of nitrous oxide.
55.21 	(d) A licensed dental therapist may perform the following services under indirect 
55.22 	supervision:
55.23 	(1) emergency palliative treatment of dental pain;
55.24 	(2) the placement and removal of space maintainers;
55.25 	(3) cavity preparation;
55.26 	(4) restoration of primary and permanent teeth;
55.27 	(5) placement of temporary crowns;
55.28 	(6) preparation and placement of preformed crowns; and
55.29 	(7) pulpotomies on primary teeth;
55.30 	(8) indirect and direct pulp capping on primary and permanent teeth;
55.31 	(9) stabilization of reimplanted teeth;
55.32 	(10) extractions of primary teeth;
55.33 	(11) suture removal;
55.34 	(12) brush biopsies;
55.35 	(13) repair of defective prosthetic devices; and
55.36 	(14) recementing of permanent crowns.
56.1 	(e) For purposes of this section and section 150A.106, "general supervision" and 
56.2 	"indirect supervision" have the meanings given in Minnesota Rules, part 3100.0100, 
56.3 	subpart 21.
56.4 		Subd. 5.Dispensing authority. (a) A licensed dental therapist may dispense and 
56.5 	administer the following drugs within the parameters of the collaborative management 
56.6 	agreement and within the scope of practice of the dental therapist: analgesics, 
56.7 	anti-inflammatories, and antibiotics.
56.8 	(b) The authority to dispense and administer shall extend only to the categories 
56.9 	of drugs identified in this subdivision, and may be further limited by the collaborative 
56.10 	management agreement.
56.11 	(c) The authority to dispense includes the authority to dispense sample drugs within 
56.12 	the categories identified in this subdivision if dispensing is permitted by the collaborative 
56.13 	management agreement.
56.14 	(d) A licensed dental therapist is prohibited from dispensing or administering a 
56.15 	narcotic drug as defined in section 152.01, subdivision 10.
56.16 		Subd. 6.Application of other laws. A licensed dental therapist authorized to 
56.17 	practice under this chapter is not in violation of section 150A.05 as it relates to the 
56.18 	unauthorized practice of dentistry if the practice is authorized under this chapter and is 
56.19 	within the parameters of the collaborative management agreement.
56.20 		Subd. 7.Use of dental assistants. (a) A licensed dental therapist may supervise 
56.21 	dental assistants to the extent permitted in the collaborative management agreement and 
56.22 	according to section 150A.10, subdivision 2.
56.23 	(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to 
56.24 	supervising no more than four registered dental assistants or nonregistered dental 
56.25 	assistants at any one practice setting.
56.26 		Subd. 8.Definitions. (a) For the purposes of this section, the following definitions 
56.27 	apply.
56.28 	(b) "Practice settings that serve the low-income and underserved" mean:
56.29 	(1) critical access dental provider settings as designated by the commissioner of 
56.30 	human services under section 256B.76, subdivision 4;
56.31 	(2) dental hygiene collaborative practice settings identified in section 150A.10, 
56.32 	subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities, 
56.33 	federally qualified health centers, and organizations eligible to receive a community clinic 
56.34 	grant under section 145.9268, subdivision 1;
56.35 	(3) military and veterans administration hospitals, clinics, and care settings;
57.1 	(4) a patient's residence or home when the patient is home-bound or receiving or 
57.2 	eligible to receive home care services or home and community-based waivered services, 
57.3 	regardless of the patient's income; 
57.4 	(5) oral health educational institutions; or
57.5 	(6) any other clinic or practice setting, including mobile dental units, in which at 
57.6 	least 50 percent of the total patient base of the dental therapist or advanced dental therapist 
57.7 	consists of patients who:
57.8 	(i) are enrolled in a Minnesota health care program;
57.9 	(ii) have a medical disability or chronic condition that creates a significant barrier 
57.10 	to receiving dental care; 
57.11 	(iii) do not have dental health coverage, either through a public health care program 
57.12 	or private insurance, and have an annual gross family income equal to or less than 200 
57.13 	percent of the federal poverty guidelines; or
57.14 	(iv) do not have dental health coverage either through a state public health care 
57.15 	program or private insurance, and whose family gross income is equal to or less than 200 
57.16 	percent of the federal poverty guidelines.
57.17 	(c) "Dental health professional shortage area" means an area that meets the criteria 
57.18 	established by the secretary of the United States Department of Health and Human 
57.19 	Services and is designated as such under United States Code, title 42, section 254e.

57.20 	Sec. 25. [150A.106] ADVANCED PRACTICE DENTAL THERAPIST.
57.21 		Subdivision 1.General. In order to be certified by the board to practice as an 
57.22 	advanced dental therapist, a person must:
57.23 	(1) complete a dental therapy education program;
57.24 	(2) pass an examination to demonstrate competency under the dental therapy scope 
57.25 	of practice;
57.26 	(3) be licensed as a dental therapist;
57.27 	(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect 
57.28 	supervision;
57.29 	(5) graduate from a master's advanced dental therapy education program;
57.30 	(6) pass a board-approved certification examination to demonstrate competency 
57.31 	under the advanced scope of practice; and
57.32 	(7) submit an application for certification as prescribed by the board.
57.33 		Subd. 2.Scope of practice. (a) An advanced dental therapist certified by the board 
57.34 	under this section may perform the following services and procedures pursuant to the 
57.35 	written collaborative management agreement:
58.1 	(1) an oral evaluation and assessment of dental disease and the formulation of an 
58.2 	individualized treatment plan authorized by the collaborating dentist;
58.3 	(2) the services and procedures described under section 150A.105, subdivision 4, 
58.4 	paragraphs (c) and (d); and
58.5 	(3) nonsurgical extractions of permanent teeth as limited in subdivision 3, paragraph 
58.6 	(b).
58.7 	(b) The services and procedures described under this subdivision may be performed 
58.8 	under general supervision.
58.9 		Subd. 3.Practice limitation. (a) An advanced practice dental therapist shall not 
58.10 	perform any service or procedure described in subdivision 2 except as authorized by 
58.11 	the collaborating dentist.
58.12 	(b) An advanced dental therapist may perform nonsurgical extractions of 
58.13 	periodontally diseased permanent teeth with tooth mobility of +3 to +4 under general 
58.14 	supervision if authorized in advance by the collaborating dentist. The advanced dental 
58.15 	therapist shall not extract a tooth for any patient if the tooth is unerupted, impacted, 
58.16 	fractured, or needs to be sectioned for removal.
58.17 	(c) The collaborating dentist is responsible for directly providing or arranging for 
58.18 	another dentist or specialist to provide any necessary advanced services needed by the 
58.19 	patient.
58.20 	(d) An advanced dental therapist in accordance with the collaborative management 
58.21 	agreement must refer patients to another qualified dental or health care professional to 
58.22 	receive any needed services that exceed the scope of practice of the advanced dental 
58.23 	therapist.
58.24 	(e) In addition to the collaborative management agreement requirements described in 
58.25 	section 150A.105, a collaborative management agreement entered into with an advanced 
58.26 	dental therapist must include specific written protocols to govern situations in which 
58.27 	the advanced dental therapist encounters a patient who requires treatment that exceeds 
58.28 	the authorized scope of practice of the advanced dental therapist. The collaborating 
58.29 	dentist must ensure that a dentist is available to the advanced dental therapist for timely 
58.30 	consultation during treatment if needed and must either provide or arrange with another 
58.31 	dentist or specialist to provide the necessary treatment to any patient who requires more 
58.32 	treatment than the advanced dental therapist is authorized to provide.
58.33 		Subd. 4.Medications. (a) An advanced dental therapist may provide, dispense, and 
58.34 	administer the following drugs within the parameters of the collaborative management 
58.35 	agreement, within the scope of practice of the advanced dental therapist practitioner, 
59.1 	and with the authorization of the collaborating dentist: analgesics, anti-inflammatories, 
59.2 	and antibiotics.
59.3 	(b) The authority to provide, dispense, and administer shall extend only to the 
59.4 	categories of drugs identified in this subdivision, and may be further limited by the 
59.5 	collaborative management agreement.
59.6 	(c) The authority to dispense includes the authority to dispense sample drugs within 
59.7 	the categories identified in this subdivision if dispensing is permitted by the collaborative 
59.8 	management agreement.
59.9 	(d) Notwithstanding paragraph (a), an advanced dental therapist is prohibited from 
59.10 	providing, dispensing, or administering a narcotic drug as defined in section 152.01, 
59.11 	subdivision 10.

59.12 	Sec. 26. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
59.13 		Subd. 4.Dividing fees. It shall be unlawful for any dentist to divide fees with or 
59.14 	promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or 
59.15 	other person who calls the dentist in consultation or who sends patients to the dentist for 
59.16 	treatment, or operation, but nothing herein shall prevent licensed dentists from forming 
59.17 	a bona fide partnership for the practice of dentistry, nor to the actual employment by a 
59.18 	licensed dentist of, a licensed dental therapist, a licensed dental hygienist, or another 
59.19 	licensed dentist.

59.20 	Sec. 27. Minnesota Statutes 2008, section 150A.12, is amended to read:
59.21 	150A.12 VIOLATION AND DEFENSES.
59.22 	Every person who violates any of the provisions of sections 150A.01 to 150A.12
59.23 	for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor; 
59.24 	and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in 
59.25 	the county jail for not more than one year or by both such fine and imprisonment. In 
59.26 	the prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not 
59.27 	be necessary to allege or prove lack of a valid license to practice dentistry or, dental 
59.28 	hygiene, or dental therapy  but such matter shall be a matter of defense to be established by 
59.29 	the defendant.  

59.30 	Sec. 28. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
59.31 		Subdivision 1.Patient's name and Social Security number. Every complete 
59.32 	upper and lower denture and removable dental prosthesis fabricated by a dentist licensed 
59.33 	under section 150A.06, or fabricated pursuant to the dentist's or dental therapist's work 
60.1 	order, shall be marked with the name and Social Security number of the patient for whom 
60.2 	the prosthesis is intended. The markings shall be done during fabrication and shall be 
60.3 	permanent, legible and cosmetically acceptable. The exact location of the markings and 
60.4 	the methods used to apply or implant them shall be determined by the dentist or dental 
60.5 	laboratory fabricating the prosthesis. If in the professional judgment of the dentist or dental 
60.6 	laboratory, this identification is not practicable, identification shall be provided as follows:  
60.7 	(a) The Social Security number of the patient may be omitted if the name of the 
60.8 	patient is shown;
60.9 	(b) The initials of the patient may be shown alone, if use of the name of the patient is 
60.10 	impracticable;
60.11 	(c) The identification marks may be omitted in their entirety if none of the forms of 
60.12 	identification specified in clauses (a) and (b) are practicable or clinically safe.

60.13 	Sec. 29. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
60.14 		Subd. 4.Failure to comply. Failure of any dentist or dental therapist to comply 
60.15 	with this section shall be deemed to be a violation for which the dentist or dental therapist 
60.16 	may be subject to proceedings pursuant to section 150A.08, provided the dentist is charged 
60.17 	with the violation within two years of initial insertion of the dental prosthetic device.  

60.18 	Sec. 30. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
60.19 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
60.20 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
60.21 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes 
60.22 	of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f), 
60.23 	and 151.461, "practitioner" also means a physician assistant authorized to prescribe, 
60.24 	dispense, and administer under chapter 147A, or an advanced practice nurse authorized 
60.25 	to prescribe, dispense, and administer under section 148.235. For purposes of sections 
60.26 	151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" 
60.27 	also means a dental therapist authorized to dispense and administer under chapter 150A.

60.28 	Sec. 31. IMPACT OF DENTAL THERAPISTS.
 60.29 	(a) The Board of Dentistry shall evaluate the impact of the use of dental therapists 
60.30 	on the delivery of and access to dental services. The board shall report to the chairs and 
60.31 	ranking minority members of the legislative committees with jurisdiction over health 
60.32 	care by January 15, 2014:
60.33 	(1) the number of dental therapists annually licensed by the board beginning in 2011;
61.1 	(2) the settings where licensed dental therapists are practicing and the populations 
61.2 	being served;
61.3 	(3) the number of complaints filed against dental therapists and the basis for each 
61.4 	complaint; and
61.5 	(4) the number of disciplinary actions taken against dental therapists.
61.6 	(b) The board, in consultation with the Department of Human Services, shall also 
61.7 	include the number and type of dental services that were performed by dental therapists 
61.8 	and reimbursed by the state under the Minnesota state health care programs for the 2013 
61.9 	fiscal year.
61.10 	(c) The Board of Dentistry, in consultation with the Department of Health, shall 
61.11 	develop an evaluation process that focuses on assessing the impact of dental therapists in 
61.12 	terms of patient safety, cost-effectiveness, and access to dental services. The process shall 
61.13 	focus on the following outcome measures:
61.14 	(1) number of new patients served;
61.15 	(2) reduction in waiting times for needed services;
61.16 	(3) decreased travel time for patients;
61.17 	(4) impact on emergency room usage for dental care; and
61.18 	(5) costs to the public health care system.
61.19 	(d) The evaluation process shall be used by the board in the report required in 
61.20 	paragraph (a) and shall expire January 1, 2014.

61.21 	Sec. 32.  REPEALER.
 61.22 	Minnesota Statutes 2008, section 150A.061, is repealed.