1.1 	A bill for an act
1.2 	relating to health; requiring radon education disclosure for residential real 
1.3 	property; changing provisions for tuberculosis standards; changing adverse health 
1.4 	events reporting requirements; modifying a poison control provision; providing 
1.5 	liability coverage for certain volunteer medical personnel and permitting 
1.6 	agreements to conduct criminal background studies; changing provisions for body 
1.7 	art establishments and body art technicians; changing athletic trainer provisions; 
1.8 	defining occupational therapy practitioners; changing provisions for occupational 
1.9 	therapy; amending prescribing authority for legend drugs; providing penalties;
1.10 	amending Minnesota Statutes 2012, sections 144.50, by adding a subdivision; 
1.11 	144.55, subdivision 3; 144.56, by adding a subdivision; 144.7065, subdivisions 
1.12 	2, 3, 4, 5, 6, 7, by adding a subdivision; 144A.04, by adding a subdivision; 
1.13 	144A.45, by adding a subdivision; 144A.752, by adding a subdivision; 
1.14 	144D.08; 145.93, subdivision 3; 145A.04, by adding a subdivision; 145A.06, 
1.15 	subdivision 7; 146B.02, subdivisions 2, 8; 146B.03, by adding a subdivision; 
1.16 	146B.07, subdivision 5; 148.6402, by adding a subdivision; 148.6440; 148.7802, 
1.17 	subdivisions 3, 9; 148.7803; 148.7805, subdivision 1; 148.7808, subdivisions 1, 
1.18 	4; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 151.37, 
1.19 	subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 
1.20 	144; 145A; repealing Minnesota Statutes 2012, sections 146B.03, subdivision 
1.21 	10; 148.7808, subdivision 2; 148.7813; 325F.814; 609.2246; Minnesota Rules, 
1.22 	parts 4655.3000, subparts 2, 3, 4; 4658.0810, subparts 1, 2; 4658.0815, subparts 
1.23 	1, 2, 3, 4; 4664.0290, subparts 1, 2, 3, 4; 4668.0065, subparts 1, 2.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25 	Section 1. [144.496] MINNESOTA RADON AWARENESS ACT.
1.26 		Subdivision 1.Citation. This section may be cited as the "Minnesota Radon 
1.27 	Awareness Act."
1.28 		Subd. 2.Definitions. (a) The following terms used in this section have the meanings 
1.29 	given them.
1.30 	(b) "Agent" means a licensed real estate broker or salesperson as defined in section 
1.31 	82.55, subdivisions 19 and 20, acting on behalf of a seller or buyer of residential real 
1.32 	property.
2.1 	(c) "Buyer" means any individual, partnership, corporation, or trustee entering into 
2.2 	an agreement to purchase any residential real estate or interest in real property.
2.3 	(d) "Department" means the Department of Health.
2.4 	(e) "Mitigation" means measures designed to permanently reduce indoor radon 
2.5 	concentrations.
2.6 	(f) "Radon test" means a measurement of indoor radon concentrations according to 
2.7 	established industry standards for residential real property.
2.8 	(g) "Residential real property" means any estate or interest in a manufactured 
2.9 	housing lot or a parcel of real property.
2.10 	(h) "Seller" means any individual, partnership, corporation, or trustee transferring 
2.11 	residential real property in return for consideration.
2.12 	(i) "Elevated radon concentration" means a radon concentration above the United 
2.13 	States Environmental Protection Agency's radon action level.
2.14 		Subd. 3.Radon testing and disclosure. (a) Except as excluded by subdivision 4, the 
2.15 	seller shall provide to the buyer of any interest in residential real property, before the buyer 
2.16 	is obligated under any contract to purchase the residential real property, the Minnesota 
2.17 	Department of Health's publication entitled "Radon Testing Guidelines for Real Estate 
2.18 	Transactions" and the "Minnesota Disclosure of Information on Radon," which is specified 
2.19 	in paragraph (b), stating that the property may present the potential for exposure to radon. 
2.20 	(b) The following Disclosure of Information on Radon Hazards form must be 
2.21 	provided to a buyer of residential real property as required by this section:
2.22 	"DISCLOSURE OF INFORMATION ON RADON(For Residential Real 
2.23 	Property Sales or Purchases)
2.24 	Radon Warning Statement
2.25 	Every buyer of any interest in residential real property is notified that the property 
2.26 	may present exposure to dangerous levels of indoor radon gas that may place the occupants 
2.27 	at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is 
2.28 	the leading cause of lung cancer in nonsmokers and the second leading cause overall. The 
2.29 	seller of any interest in residential real property is required to provide the buyer with any 
2.30 	information on radon test results of the dwelling.
2.31 	The Minnesota Department of Health strongly recommends ALL homebuyers have 
2.32 	an indoor radon test performed prior to purchase or taking occupancy, and recommends 
2.33 	having the radon levels mitigated if elevated radon concentrations are found. Elevated 
2.34 	radon concentrations can easily be reduced by a qualified, certified, or licensed, if 
2.35 	applicable, radon mitigator.
2.36 	Physical Address of Property including street address, city, and zip code.
3.1 	A. Seller's Disclosure; initial each of the following items that apply:
3.2 	(1) The seller has no knowledge of radon concentrations in the dwelling.
3.3 	(2) A radon test has been conducted in the dwelling.
3.4 	(3) The seller has provided the purchaser with the most current records and reports 
3.5 	pertaining to radon concentrations within the dwelling.
3.6 	(4) Radon concentrations above the United States Environmental Protection Agency 
3.7 	radon action level are known to be present within the dwelling.
3.8 	(5) Radon concentrations have been mitigated or remediated to concentrations below 
3.9 	the United States Environmental Protection Agency radon action level.
3.10 	(6) The seller has provided the purchaser with information regarding the 
3.11 	radon mitigation system installed in the dwelling including system description and 
3.12 	documentation.
3.13 	(7) The seller has no records or reports pertaining to radon concentrations within 
3.14 	the dwelling.
3.15 	B. Purchaser's Acknowledgment; initial each of the following items that apply:
3.16 	(1) The purchaser has received copies of all information listed in A.
3.17 	(2) The purchaser has received the department approved Radon Testing Guidelines 
3.18 	for Real Estate Transactions.
3.19 	C. Agent's Acknowledgement; initial if applicable:
3.20 	The agent has informed the seller of the seller's obligation under Minnesota law.
3.21 	D. Certification of Accuracy:
3.22 	The following parties have reviewed the information above and each party certifies, to the 
3.23 	best of his or her knowledge, that the information he or she provided is true and accurate.
3.24 	Seller....... Date............................................. Purchaser.............. Date...........
3.25 	Seller....... Date............................................. Purchaser.............. Date...........
3.26 	Seller's Agent....... Date................. Purchaser's Agent.............. Date..........."
3.27 	(c) If any of the disclosures required by this section occur after the buyer has made 
3.28 	an offer to purchase the residential real property, the seller shall complete the required 
3.29 	disclosure activities prior to accepting the buyer's offer and allow the buyer an opportunity 
3.30 	to review the information and possibly amend the offer without penalty to the buyer.
3.31 		Subd. 4.Exclusions. This section does not apply to the following:
3.32 	(1) Transfers pursuant to court order, including, but not limited to, transfers ordered 
3.33 	by a probate court in administration of an estate, transfers between spouses resulting from 
3.34 	a judgment of dissolution of marriage or legal separation, transfers pursuant to an order 
4.1 	of possession, transfers by a trustee in bankruptcy, transfers by eminent domain, and 
4.2 	transfers resulting from a decree for specific performance.
4.3 	(2) Transfers from a mortgagor to a mortgagee by deed in lieu of foreclosure or 
4.4 	consent judgment, transfer by a judicial deed issued pursuant to a foreclosure sale to the 
4.5 	successful bidder or the assignee of a certificate of sale, transfer by a collateral assignment 
4.6 	of a beneficial interest of a land trust, or a transfer by a mortgagee or a successor in 
4.7 	interest to the mortgagee's secured position or a beneficiary under a deed in trust who has 
4.8 	acquired the real property by deed in lieu of foreclosure, consent judgment, or judicial 
4.9 	deed issued pursuant to a foreclosure sale.
4.10 	(3) Transfers by a fiduciary in the course of the administration of a decedent's estate, 
4.11 	guardianship, conservatorship, or trust.
4.12 	(4) Transfers from one co-owner to one or more other co-owners.
4.13 	(5) Transfers pursuant to testate or intestate succession.
4.14 	(6) Transfers made to a spouse, or to a person or persons in the lineal line of 
4.15 	consanguinity of one or more of the sellers.
4.16 	(7) Transfers from an entity that has taken title to residential real property from a 
4.17 	seller for the purpose of assisting in the relocation of the seller, so long as the entity 
4.18 	makes available to all prospective buyers a copy of the disclosure form furnished to the 
4.19 	entity by the seller.
4.20 	(8) Transfers to or from any governmental entity.
4.21 	(9) Transfers of any residential dwelling unit located on the third story or 
4.22 	higher above ground level of any structure or building, including, but not limited to, 
4.23 	condominium units and dwelling units in a residential cooperative.

4.24 	Sec. 2. Minnesota Statutes 2012, section 144.50, is amended by adding a subdivision 
4.25 	to read:
4.26 		Subd. 8.Supervised living facility; tuberculosis prevention and control. (a) 
4.27 	A supervised living facility must establish and maintain a comprehensive tuberculosis 
4.28 	infection control program according to the most current tuberculosis infection control 
4.29 	guidelines issued by the United States Centers for Disease Control and Prevention (CDC), 
4.30 	Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality 
4.31 	Weekly Report (MMWR). This program must include a tuberculosis infection control plan 
4.32 	that covers all paid and unpaid employees, contractors, students, and volunteers. The 
4.33 	Department of Health shall provide technical assistance regarding implementation of 
4.34 	the guidelines.
5.1 	(b) Written compliance with this subdivision must be maintained by the supervised 
5.2 	living facility.

5.3 	Sec. 3. Minnesota Statutes 2012, section 144.55, subdivision 3, is amended to read:
5.4 		Subd. 3.Standards for licensure. (a) Notwithstanding the provisions of section 
5.5 	144.56, for the purpose of hospital licensure, the commissioner of health shall use as 
5.6 	minimum standards the hospital certification regulations promulgated pursuant to Title 
5.7 	XVIII of the Social Security Act, United States Code, title 42, section 1395, et seq. The 
5.8 	commissioner may use as minimum standards changes in the federal hospital certification 
5.9 	regulations promulgated after May 7, 1981, if the commissioner finds that such changes 
5.10 	are reasonably necessary to protect public health and safety. The commissioner shall also 
5.11 	promulgate in rules additional minimum standards for new construction.
5.12 	(b) Each hospital and outpatient surgical center shall establish policies and 
5.13 	procedures to prevent the transmission of human immunodeficiency virus and hepatitis B 
5.14 	virus to patients and within the health care setting. The policies and procedures shall be 
5.15 	developed in conformance with the most recent recommendations issued by the United 
5.16 	States Department of Health and Human Services, Public Health Service, Centers for 
5.17 	Disease Control. The commissioner of health shall evaluate a hospital's compliance with 
5.18 	the policies and procedures according to subdivision 4.
5.19 	(c) An outpatient surgical center must establish and maintain a comprehensive 
5.20 	tuberculosis infection control program according to the most current tuberculosis infection 
5.21 	control guidelines issued by the United States Centers for Disease Control and Prevention 
5.22 	(CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and 
5.23 	Mortality Weekly Report (MMWR). This program must include a tuberculosis infection 
5.24 	control plan that covers all paid and unpaid employees, contractors, students, and 
5.25 	volunteers. The Department of Health shall provide technical assistance regarding 
5.26 	implementation of the guidelines.
5.27 	(d) Written compliance with this subdivision must be maintained by the outpatient 
5.28 	surgical center.

5.29 	Sec. 4. Minnesota Statutes 2012, section 144.56, is amended by adding a subdivision 
5.30 	to read:
5.31 		Subd. 2c.Boarding care home; tuberculosis prevention and control. (a) A 
5.32 	boarding care home must establish and maintain a comprehensive tuberculosis infection 
5.33 	control program according to the most current tuberculosis infection control guidelines 
5.34 	issued by the United States Centers for Disease Control and Prevention (CDC), Division 
6.1 	of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly 
6.2 	Report (MMWR). This program must include a tuberculosis infection control plan that 
6.3 	covers all paid and unpaid employees, contractors, students, residents, and volunteers. 
6.4 	The Department of Health shall provide technical assistance regarding implementation of 
6.5 	the guidelines.
6.6 	(b) Written compliance with this subdivision must be maintained by the boarding 
6.7 	care home.

6.8 	Sec. 5. Minnesota Statutes 2012, section 144.7065, subdivision 2, is amended to read:
6.9 		Subd. 2.Surgical events. Events reportable under this subdivision are:
6.10 	(1) surgery or other invasive procedure performed on a wrong body part that is not 
6.11 	consistent with the documented informed consent for that patient. Reportable events under 
6.12 	this clause do not include situations requiring prompt action that occur in the course of 
6.13 	surgery or situations whose urgency precludes obtaining informed consent;
6.14 	(2) surgery or other invasive procedure performed on the wrong patient;
6.15 	(3) the wrong surgical or other invasive procedure performed on a patient that is 
6.16 	not consistent with the documented informed consent for that patient. Reportable events 
6.17 	under this clause do not include situations requiring prompt action that occur in the course 
6.18 	of surgery or situations whose urgency precludes obtaining informed consent;
6.19 	(4) retention of a foreign object in a patient after surgery or other invasive procedure, 
6.20 	excluding objects intentionally implanted as part of a planned intervention and objects 
6.21 	present prior to surgery that are intentionally retained; and
6.22 	(5) death during or immediately after surgery or other invasive procedure of a 
6.23 	normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric 
6.24 	disturbance and for whom the pathologic processes for which the operation is to be 
6.25 	performed are localized and do not entail a systemic disturbance.

6.26 	Sec. 6. Minnesota Statutes 2012, section 144.7065, subdivision 3, is amended to read:
6.27 		Subd. 3.Product or device events. Events reportable under this subdivision are:
6.28 	(1) patient death or serious disability injury associated with the use of contaminated 
6.29 	drugs, devices, or biologics provided by the facility when the contamination is the result 
6.30 	of generally detectable contaminants in drugs, devices, or biologics regardless of the 
6.31 	source of the contamination or the product;
6.32 	(2) patient death or serious disability injury associated with the use or function of 
6.33 	a device in patient care in which the device is used or functions other than as intended. 
7.1 	"Device" includes, but is not limited to, catheters, drains, and other specialized tubes, 
7.2 	infusion pumps, and ventilators; and
7.3 	(3) patient death or serious disability injury associated with intravascular air 
7.4 	embolism that occurs while being cared for in a facility, excluding deaths associated with 
7.5 	neurosurgical procedures known to present a high risk of intravascular air embolism.

7.6 	Sec. 7. Minnesota Statutes 2012, section 144.7065, subdivision 4, is amended to read:
7.7 		Subd. 4.Patient protection events. Events reportable under this subdivision are:
7.8 	(1) an infant a patient of any age, who does not have decision-making capacity,
7.9 	 discharged to the wrong person;
7.10 	(2) patient death or serious disability injury associated with patient disappearance, 
7.11 	excluding events involving adults who have decision-making capacity; and
7.12 	(3) patient suicide or, attempted suicide resulting in serious disability injury, or 
7.13 	self-harm resulting in serious injury or death while being cared for in a facility due to 
7.14 	patient actions after admission to the facility, excluding deaths resulting from self-inflicted 
7.15 	injuries that were the reason for admission to the facility.

7.16 	Sec. 8. Minnesota Statutes 2012, section 144.7065, subdivision 5, is amended to read:
7.17 		Subd. 5.Care management events. Events reportable under this subdivision are:
7.18 	(1) patient death or serious disability injury associated with a medication error, 
7.19 	including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong 
7.20 	patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of 
7.21 	administration, excluding reasonable differences in clinical judgment on drug selection 
7.22 	and dose;
7.23 	(2) patient death or serious disability injury associated with a hemolytic reaction 
7.24 	due to the administration of ABO/HLA-incompatible unsafe administration of blood 
7.25 	or blood products;
7.26 	(3) maternal death or serious disability injury associated with labor or delivery in a 
7.27 	low-risk pregnancy while being cared for in a facility, including events that occur within 
7.28 	42 days postdelivery and excluding deaths from pulmonary or amniotic fluid embolism, 
7.29 	acute fatty liver of pregnancy, or cardiomyopathy;
7.30 	(4) patient death or serious disability directly related to hypoglycemia, the onset of 
7.31 	which occurs while the patient is being cared for in a facility death or serious injury of a 
7.32 	neonate associated with labor or delivery in a low-risk pregnancy;
8.1 	(5) death or serious disability, including kernicterus, associated with failure 
8.2 	to identify and treat hyperbilirubinemia in neonates during the first 28 days of life. 
8.3 	"Hyperbilirubinemia" means bilirubin levels greater than 30 milligrams per deciliter;
8.4 	(6) (5) stage 3 or 4 or unstageable ulcers acquired after admission to a facility, 
8.5 	excluding progression from stage 2 to stage 3 if stage 2 was recognized upon admission;
8.6 	(7) patient death or serious disability due to spinal manipulative therapy; and
8.7 	(8) (6) artificial insemination with the wrong donor sperm or wrong egg.;
8.8 	(7) patient death or serious injury associated with a fall while being cared for in 
8.9 	a facility;
8.10 	(8) the irretrievable loss of an irreplaceable biological specimen; and
8.11 	(9) patient death or serious injury resulting from the failure to follow up or 
8.12 	communicate laboratory, pathology, or radiology test results.

8.13 	Sec. 9. Minnesota Statutes 2012, section 144.7065, subdivision 6, is amended to read:
8.14 		Subd. 6.Environmental events. Events reportable under this subdivision are:
8.15 	(1) patient death or serious disability injury associated with an electric shock while 
8.16 	being cared for in a facility, excluding events involving planned treatments such as electric 
8.17 	countershock;
8.18 	(2) any incident in which a line designated for oxygen or other gas to be delivered to 
8.19 	a patient contains the wrong gas or is contaminated by toxic substances;
8.20 	(3) patient death or serious disability injury associated with a burn incurred from any 
8.21 	source while being cared for in a facility; and
8.22 	(4) patient death or serious disability associated with a fall while being cared for in 
8.23 	a facility; and
8.24 	(5) (4) patient death or serious disability injury associated with the use or lack of 
8.25 	restraints or bedrails while being cared for in a facility.

8.26 	Sec. 10. Minnesota Statutes 2012, section 144.7065, subdivision 7, is amended to read:
8.27 		Subd. 7.Potential criminal events. Events reportable under this subdivision are:
8.28 	(1) any instance of care ordered by or provided by someone impersonating a 
8.29 	physician, nurse, pharmacist, or other licensed health care provider;
8.30 	(2) abduction of a patient of any age;
8.31 	(3) sexual assault on a patient within or on the grounds of a facility; and
8.32 	(4) death or significant serious injury of a patient or staff member resulting from a 
8.33 	physical assault that occurs within or on the grounds of a facility.

9.1 	Sec. 11. Minnesota Statutes 2012, section 144.7065, is amended by adding a 
9.2 	subdivision to read:
9.3 		Subd. 7a.Radiologic events. Death or serious injury of a patient associated with 
9.4 	the introduction of a metallic object into the MRI area are reportable events under this 
9.5 	subdivision.

9.6 	Sec. 12. Minnesota Statutes 2012, section 144A.04, is amended by adding a 
9.7 	subdivision to read:
9.8 		Subd. 3b.Nursing homes; tuberculosis prevention and control. (a) A nursing 
9.9 	home provider must establish and maintain a comprehensive tuberculosis infection control 
9.10 	program according to the most current tuberculosis infection control guidelines issued 
9.11 	by the United States Centers for Disease Control and Prevention (CDC), Division of 
9.12 	Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report 
9.13 	(MMWR). This program must include a tuberculosis infection control plan that covers 
9.14 	all paid and unpaid employees, contractors, students, residents, and volunteers. The 
9.15 	Department of Health shall provide technical assistance regarding implementation of 
9.16 	the guidelines.
9.17 	(b) Written compliance with this subdivision must be maintained by the nursing home.

9.18 	Sec. 13. Minnesota Statutes 2012, section 144A.45, is amended by adding a 
9.19 	subdivision to read:
9.20 		Subd. 6.Home care providers; tuberculosis prevention and control. (a) A home 
9.21 	care provider must establish and maintain a comprehensive tuberculosis infection control 
9.22 	program according to the most current tuberculosis infection control guidelines issued 
9.23 	by the United States Centers for Disease Control and Prevention (CDC), Division of 
9.24 	Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report 
9.25 	(MMWR). This program must include a tuberculosis infection control plan that covers 
9.26 	all paid and unpaid employees, contractors, students, and volunteers. The Department of 
9.27 	Health shall provide technical assistance regarding implementation of the guidelines. 
9.28 	(b) Written compliance with this subdivision must be maintained by the home care 
9.29 	provider.

9.30 	Sec. 14. Minnesota Statutes 2012, section 144A.752, is amended by adding a 
9.31 	subdivision to read:
9.32 		Subd. 5.Hospice providers; tuberculosis prevention and control. (a) A hospice 
9.33 	provider must establish and maintain a comprehensive tuberculosis infection control 
10.1 	program according to the most current tuberculosis infection control guidelines issued 
10.2 	by the United States Centers for Disease Control and Prevention (CDC), Division of 
10.3 	Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report 
10.4 	(MMWR). This program must include a tuberculosis infection control plan that covers 
10.5 	all paid and unpaid employees, contractors, students, and volunteers. For residential 
10.6 	hospice facilities, the tuberculosis infection control plan must cover each hospice patient. 
10.7 	The Department of Health shall provide technical assistance regarding implementation of 
10.8 	the guidelines.
10.9 	(b) Written compliance with this subdivision must be maintained by the hospice 
10.10 	provider.

10.11 	Sec. 15. Minnesota Statutes 2012, section 144D.08, is amended to read:
10.12 	144D.08 UNIFORM CONSUMER INFORMATION GUIDE.
10.13 	All housing with services establishments shall make available to all prospective 
10.14 	and current residents information consistent with the uniform format and the required 
10.15 	components adopted by the commissioner under section 144G.06. This section does not 
10.16 	apply to an establishment registered under section 144D.025 serving the homeless.

10.17 	Sec. 16. Minnesota Statutes 2012, section 145.93, subdivision 3, is amended to read:
10.18 		Subd. 3.Grant award; designation; payments under grant. Each odd-numbered
10.19 	 Every fifth year, the commissioner shall solicit applications for the poison information 
10.20 	centers by giving reasonable public notice of the availability of money appropriated or 
10.21 	otherwise available. The commissioner shall select from among the entities, whether profit 
10.22 	or nonprofit, or units of government the applicants that best fulfill the criteria specified in 
10.23 	subdivision 4. The grant shall be paid to the grantees quarterly beginning on July 1.

10.24 	Sec. 17. Minnesota Statutes 2012, section 145A.04, is amended by adding a 
10.25 	subdivision to read:
10.26 		Subd. 6d.Minnesota Responds Medical Reserve Corps; liability coverage. A 
10.27 	Minnesota Responds Medical Reserve Corps volunteer responding to a request for training 
10.28 	or assistance at the call of a board of health must be deemed an employee of the jurisdiction 
10.29 	for purposes of workers' compensation, tort claim defense, and indemnification.

10.30 	Sec. 18. Minnesota Statutes 2012, section 145A.06, subdivision 7, is amended to read:
10.31 		Subd. 7. Commissioner requests for health volunteers. (a) When the 
10.32 	commissioner receives a request for health volunteers from:
11.1 	(1) a local board of health according to section 145A.04, subdivision 6c;
11.2 	(2) the University of Minnesota Academic Health Center;
11.3 	(3) another state or a territory through the Interstate Emergency Management 
11.4 	Assistance Compact authorized under section 192.89;
11.5 	(4) the federal government through ESAR-VHP or another similar program; or
11.6 	(5) a tribal or Canadian government;
11.7 	the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 
11.8 	Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 
11.9 	the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 
11.10 	respond to the request. The commissioner may also ask for Minnesota Responds Medical 
11.11 	Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
11.12 	(b) The commissioner may request Minnesota Responds Medical Reserve Corps 
11.13 	volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 
11.14 	or temporary units providing emergency patient stabilization, medical transport, or 
11.15 	ambulatory care. The commissioner may utilize the volunteers for training, mobilization 
11.16 	or demobilization, inspection, maintenance, repair, or other support functions for the 
11.17 	MMU facility or for other emergency units, as well as for provision of health care services.
11.18 	(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 
11.19 	Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 
11.20 	compensation provided by the volunteer's employer during volunteer service requested by 
11.21 	the commissioner. An employer is not liable for actions of an employee while serving as a 
11.22 	Minnesota Responds Medical Reserve Corps volunteer.
11.23 	(d) If the commissioner matches the request under paragraph (a) with Minnesota 
11.24 	Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 
11.25 	of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 
11.26 	the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 
11.27 	sending and receiving jurisdictions in monitoring deployments, and shall coordinate 
11.28 	efforts with the division of homeland security and emergency management for out-of-state 
11.29 	deployments through the Interstate Emergency Management Assistance Compact or 
11.30 	other emergency management compacts.
11.31 	(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 
11.32 	Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 
11.33 	apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 
11.34 	across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 
11.35 	the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 
12.1 	as of their initial deployment in response to the event or emergency that triggered a 
12.2 	subsequent commissioner's call.
12.3 	(f) (1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 
12.4 	request for training or assistance at the call of the commissioner must be deemed an 
12.5 	employee of the state for purposes of workers' compensation and tort claim defense and 
12.6 	indemnification under section 3.736, without regard to whether the volunteer's activity is 
12.7 	under the direction and control of the commissioner, the division of homeland security 
12.8 	and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 
12.9 	hospital, alternate care site, or other health care provider treating patients from the public 
12.10 	health event or emergency.
12.11 	(2) For purposes of calculating workers' compensation benefits under chapter 176, 
12.12 	the daily wage must be the usual wage paid at the time of injury or death for similar services 
12.13 	performed by paid employees in the community where the volunteer regularly resides, or 
12.14 	the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
12.15 	(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 
12.16 	reimbursement for travel and subsistence expenses during a deployment approved by the 
12.17 	commissioner under this subdivision according to reimbursement limits established for 
12.18 	paid state employees. Deployment begins when the volunteer leaves on the deployment 
12.19 	until the volunteer returns from the deployment, including all travel related to the 
12.20 	deployment. The Department of Health shall initially review and pay those expenses to 
12.21 	the volunteer. Except as otherwise provided by the Interstate Emergency Management 
12.22 	Assistance Compact in section 192.89 or agreements made thereunder, the department 
12.23 	shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 
12.24 	department for expenses of the volunteers.
12.25 	(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 
12.26 	deployed outside the state pursuant to the Interstate Emergency Management Assistance 
12.27 	Compact, the provisions of the Interstate Emergency Management Assistance Compact 
12.28 	must control over any inconsistent provisions in this section.
12.29 	(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 
12.30 	for workers' compensation arising out of a deployment under this section or out of a 
12.31 	training exercise conducted by the commissioner, the volunteer's workers compensation 
12.32 	benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 
12.33 	volunteer may also qualify under other clauses of section 176.011, subdivision 9.

12.34 	Sec. 19. [145A.061] CRIMINAL BACKGROUND STUDIES.
13.1 		Subdivision 1.Agreements to conduct criminal background studies. The 
13.2 	commissioner of health may develop agreements to conduct criminal background studies 
13.3 	on each person who registers as a volunteer in the Minnesota Responds Medical Reserve 
13.4 	Corps teams. The background study is for the purpose of determining the applicant's 
13.5 	suitability and eligibility for membership. Each applicant must provide written consent 
13.6 	authorizing the Department of Health to obtain the applicant's state criminal background 
13.7 	information.
13.8 		Subd. 2.Opportunity to challenge accuracy of report. Before denying the 
13.9 	applicant the opportunity to serve as a health volunteer due to information obtained from a 
13.10 	background study, the commissioner shall provide the applicant with the opportunity to 
13.11 	complete, or challenge the accuracy of, the criminal justice information reported to the 
13.12 	commissioner. The applicant shall have 30 calendar days to correct or complete the record 
13.13 	prior to the commissioner taking final action based on the report.
13.14 		Subd. 3.Denial of service. The commissioner may deny an application from any 
13.15 	applicant who has been convicted of any of the following crimes:
13.16 	Section 609.185 (murder in the first degree); section 609.19 (murder in the second 
13.17 	degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in 
13.18 	the first degree); section 609.205 (manslaughter in the second degree); section 609.25 
13.19 	(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section 
13.20 	609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of 
13.21 	an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first 
13.22 	degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344 
13.23 	(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in 
13.24 	the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section 
13.25 	609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to 
13.26 	engage in sexual conduct); section 609.352 (communication of sexually explicit materials 
13.27 	to children); section 609.365 (incest); section 609.377 (felony malicious punishment of 
13.28 	a child); section 609.378 (felony neglect or endangerment of a child); section 609.561 
13.29 	(arson in the first degree); section 609.562 (arson in the second degree); section 609.563 
13.30 	(arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony stalking); section 
13.31 	152.021 (controlled substance crimes in the first degree); section 152.022 (controlled 
13.32 	substance crimes in the second degree); section 152.023 (controlled substance crimes in 
13.33 	the third degree); section 152.024 (controlled substance crimes in the fourth degree); 
13.34 	section 152.025 (controlled substance crimes in the fifth degree); section 243.166 
13.35 	(violation of predatory offender registration law); section 617.23, subdivision 2, clause 
13.36 	(1), or subdivision 3, clause (1) (indecent exposure involving a minor); section 617.246 
14.1 	(use of minors in sexual performance); section 617.247 (possession of pornographic 
14.2 	work involving minors); section 609.221 (assault in the first degree); section 609.222 
14.3 	(assault in the second degree); section 609.223 (assault in the third degree); section 
14.4 	609.2231 (assault in the fourth degree); section 609.224 (assault in the fifth degree); 
14.5 	section 609.2242 (domestic assault); section 609.2247 (domestic assault by strangulation); 
14.6 	section 609.228 (great bodily harm caused by distribution of drugs); section 609.23 
14.7 	(mistreatment of persons confined); section 609.231 (mistreatment of residents or 
14.8 	patients); section 609.2325 (criminal abuse); section 609.233 (criminal neglect); section 
14.9 	609.2335 (financial exploitation of a vulnerable adult); section 609.234 (failure to report); 
14.10 	section 609.24 (simple robbery); section 609.245 (aggravated robbery); section 609.255 
14.11 	(false imprisonment); section 609.322 (solicitation, inducement, and promotion of 
14.12 	prostitution and sex trafficking); section 609.324, subdivision 1 (hiring or engaging minors 
14.13 	in prostitution); section 609.465 (presenting false claims to a public officer or body); 
14.14 	section 609.466 (medical assistance fraud); section 609.52 (felony theft); section 609.82 
14.15 	(felony fraud in obtaining credit); section 609.527 (felony identity theft); section 609.582 
14.16 	(felony burglary); section 609.611 (felony insurance fraud); section 609.625 (aggravated 
14.17 	forgery); section 609.63 (forgery); section 609.631 (felony check forgery); section 609.66, 
14.18 	subdivision 1e (felony drive-by shooting); section 609.71 (felony riot); section 609.713 
14.19 	(terroristic threats); section 609.72, subdivision 3 (disorderly conduct by a caregiver against 
14.20 	a vulnerable adult); section 609.821 (felony financial transaction card fraud); section 
14.21 	609.855, subdivision 4 (shooting at or in a public transit vehicle or facility); or aiding and 
14.22 	abetting, attempting, or conspiring to commit any of the offenses in this subdivision.
14.23 		Subd. 4.Conviction. For purposes of this section, an applicant is considered to 
14.24 	have been convicted of a crime if the applicant was convicted, adjudicated delinquent, or 
14.25 	otherwise found guilty, including by entering an Alford plea; was found guilty but the 
14.26 	adjudication of guilt was stayed or withheld; or was convicted but the imposition or 
14.27 	execution of a sentence was stayed.
14.28 		Subd. 5.Data practices. All state criminal history record information or data 
14.29 	used to match state health occupational licensing or national databases obtained by the 
14.30 	commissioner from the Bureau of Criminal Apprehension is private data on individuals 
14.31 	under section 13.02, subdivision 12, and restricted to the exclusive use of commissioner 
14.32 	for the purpose of evaluating an applicant's eligibility for participation in the behavioral 
14.33 	health or mobile field medical team.
14.34 		Subd. 6.Use of volunteers by commissioner. The commissioner may deny a 
14.35 	volunteer membership on a mobile medical team or behavioral health team for any reason, 
14.36 	and is only required to communicate the reason when membership is denied as a result 
15.1 	of information received from a criminal background study. The commissioner is exempt 
15.2 	from the Criminal Offenders Rehabilitation Act under chapter 364 in the selection of 
15.3 	volunteers for any position or activity including the Minnesota Responds Medical Reserve 
15.4 	Corps, the Minnesota behavioral health team, and the mobile medical team.

15.5 	Sec. 20. Minnesota Statutes 2012, section 146B.02, subdivision 2, is amended to read:
15.6 		Subd. 2.Requirements. (a) Each application for an initial mobile or fixed-site
15.7 	 establishment license and for renewal must be submitted to the commissioner on a form 
15.8 	provided by the commissioner accompanied with the applicable fee required under section 
15.9 	146B.10. The application must contain:
15.10 	(1) the name(s) of the owner(s) and operator(s) of the establishment;
15.11 	(2) the location of the establishment;
15.12 	(3) verification of compliance with all applicable local and state codes;
15.13 	(4) a description of the general nature of the business; and
15.14 	(5) any other relevant information deemed necessary by the commissioner.
15.15 	(b) The commissioner shall issue a provisional establishment license effective until 
15.16 	the commissioner determines after inspection that the applicant has met the requirements 
15.17 	of this chapter. Upon approval, the commissioner shall issue a body art establishment 
15.18 	license effective for three years.

15.19 	Sec. 21. Minnesota Statutes 2012, section 146B.02, subdivision 8, is amended to read:
15.20 		Subd. 8.Temporary events permit. (a) An owner or operator of a temporary 
15.21 	body art establishment shall submit an application for a temporary events permit to the 
15.22 	commissioner at least 14 days before the start of the event. The application must include 
15.23 	the specific days and hours of operation. The owner or operator shall comply with the 
15.24 	requirements of this chapter.
15.25 	(b) Applications received less than 14 days prior to the start of the event may be 
15.26 	processed if the commissioner determines it is possible to conduct the required inspection.
15.27 	(b) (c) The temporary events permit must be prominently displayed in a public 
15.28 	area at the location.
15.29 	(c) (d) The temporary events permit, if approved, is valid for the specified dates and 
15.30 	hours listed on the application. No temporary events permit shall be issued for longer than 
15.31 	a 21-day period, and may not be extended.

15.32 	Sec. 22. Minnesota Statutes 2012, section 146B.03, is amended by adding a 
15.33 	subdivision to read:
16.1 		Subd. 11.Penalty. Any person who violates the provisions of subdivision 1 is 
16.2 	guilty of a gross misdemeanor.

16.3 	Sec. 23. Minnesota Statutes 2012, section 146B.07, subdivision 5, is amended to read:
16.4 		Subd. 5.Aftercare. A technician shall provide each client with verbal and written 
16.5 	instructions for the care of the tattooed or pierced site upon the completion of the 
16.6 	procedure. The written instructions must advise the client of the difference between 
16.7 	normal skin or tissue irritation and infection and to consult a health care professional at 
16.8 	the first sign upon indication of infection of the skin or tissue.

16.9 	Sec. 24. Minnesota Statutes 2012, section 148.6402, is amended by adding a 
16.10 	subdivision to read:
16.11 		Subd. 16a.Occupational therapy practitioner. "Occupational therapy 
16.12 	practitioner" means any individual licensed as either an occupational therapist or 
16.13 	occupational therapy assistant under sections 148.6401 to 148.6450.

16.14 	Sec. 25. Minnesota Statutes 2012, section 148.6440, is amended to read:
16.15 	148.6440 PHYSICAL AGENT MODALITIES.
16.16 		Subdivision 1.General considerations. (a) Occupational therapists therapy 
16.17 	practitioners who intend to use superficial physical agent modalities must comply with the 
16.18 	requirements in subdivision 3. Occupational therapiststherapy practitioners who intend 
16.19 	to use electrotherapy must comply with the requirements in subdivision 4. Occupational 
16.20 	therapists therapy practitioners who intend to use ultrasound devices must comply with 
16.21 	the requirements in subdivision 5. Occupational therapy practitioners who are licensed 
16.22 	as occupational therapy assistants and who intend to use physical agent modalities must 
16.23 	also comply with subdivision 6.
16.24 	(b) Use of superficial physical agent modalities, electrical stimulation devices, and 
16.25 	ultrasound devices must be on the order of a physician.
16.26 	(c) Prior to any use of any physical agent modality, a licensee an occupational 
16.27 	therapy practitioner must obtain approval from the commissioner. The commissioner 
16.28 	shall maintain a roster of persons licensed under sections 148.6401 to 148.6450 who are 
16.29 	approved to use physical agent modalities.
16.30 	(d) Licensees Occupational therapy practitioners are responsible for informing the 
16.31 	commissioner of any changes in the information required in this section within 30 days 
16.32 	of any change.
17.1 		Subd. 2.Written documentation required. (a) An occupational therapist
17.2 	 therapy practitioner must provide to the commissioner documentation verifying that 
17.3 	the occupational therapist therapy practitioner has met the educational and clinical 
17.4 	requirements described in subdivisions 3 to 5, depending on the modality or modalities 
17.5 	to be used. Both theoretical training and clinical application objectives must be met for 
17.6 	each modality used. Documentation must include the name and address of the individual 
17.7 	or organization sponsoring the activity; the name and address of the facility at which 
17.8 	the activity was presented; and a copy of the course, workshop, or seminar description, 
17.9 	including learning objectives and standards for meeting the objectives. In the case of 
17.10 	clinical application objectives, teaching methods must be documented, including actual 
17.11 	supervised practice. Documentation must include a transcript or certificate showing 
17.12 	successful completion of the coursework. Coursework completed more than two years 
17.13 	prior to the date of application must be retaken. An occupational therapist therapy 
17.14 	practitioner who is a certified hand therapist shall document satisfaction of the requirements 
17.15 	in subdivisions 3 to 5 by submitting to the commissioner a copy of a certificate issued 
17.16 	by the Hand Therapy Certification Commission. Occupational therapy practitioners are 
17.17 	prohibited from using physical agent modalities under supervision or independently until 
17.18 	granted approval as provided in subdivision 7, except under the provisions in paragraph (b).
17.19 	(b) If a an occupational therapy practitioner has successfully completed a specific 
17.20 	course previously reviewed and approved by the commissioner as provided for in 
17.21 	subdivision 7, and has submitted the written documentation required in paragraph (a) 
17.22 	within 30 calendar days from the course date, the occupational therapy practitioner 
17.23 	awaiting written approval from the commissioner may use physical agent modalities under 
17.24 	the supervision of aan occupational therapy practitioner listed on the roster of persons 
17.25 	approved to use physical agent modalities.
17.26 		Subd. 3.Requirements for use of superficial physical agent modalities. (a) An 
17.27 	occupational therapist therapy practitioner may use superficial physical agent modalities 
17.28 	if the occupational therapist therapy practitioner has received theoretical training and 
17.29 	clinical application training in the use of superficial physical agent modalities and been 
17.30 	granted approval as provided in subdivision 7.
17.31 	(b) Theoretical training in the use of superficial physical agent modalities must:
17.32 	(1) explain the rationale and clinical indications for use of superficial physical agent 
17.33 	modalities;
17.34 	(2) explain the physical properties and principles of the superficial physical agent 
17.35 	modalities;
17.36 	(3) describe the types of heat and cold transference;
18.1 	(4) explain the factors affecting tissue response to superficial heat and cold;
18.2 	(5) describe the biophysical effects of superficial physical agent modalities in 
18.3 	normal and abnormal tissue;
18.4 	(6) describe the thermal conductivity of tissue, matter, and air;
18.5 	(7) explain the advantages and disadvantages of superficial physical agent 
18.6 	modalities; and
18.7 	(8) explain the precautions and contraindications of superficial physical agent 
18.8 	modalities.
18.9 	(c) Clinical application training in the use of superficial physical agent modalities 
18.10 	must include activities requiring the occupational therapy practitioner to:
18.11 	(1) formulate and justify a plan for the use of superficial physical agents for 
18.12 	treatment appropriate to its use and simulate the treatment;
18.13 	(2) evaluate biophysical effects of the superficial physical agents;
18.14 	(3) identify when modifications to the treatment plan for use of superficial physical 
18.15 	agents are needed and propose the modification plan;
18.16 	(4) safely and appropriately administer superficial physical agents under the 
18.17 	supervision of a course instructor or clinical trainer;
18.18 	(5) document parameters of treatment, patient response, and recommendations for 
18.19 	progression of treatment for the superficial physical agents; and
18.20 	(6) demonstrate the ability to work competently with superficial physical agents as 
18.21 	determined by a course instructor or clinical trainer.
18.22 		Subd. 4.Requirements for use of electrotherapy. (a) An occupational therapist
18.23 	 therapy practitioner may use electrotherapy if the occupational therapist therapy 
18.24 	practitioner has received theoretical training and clinical application training in the use of 
18.25 	electrotherapy and been granted approval as provided in subdivision 7.
18.26 	(b) Theoretical training in the use of electrotherapy must:
18.27 	(1) explain the rationale and clinical indications of electrotherapy, including pain 
18.28 	control, muscle dysfunction, and tissue healing;
18.29 	(2) demonstrate comprehension and understanding of electrotherapeutic terminology 
18.30 	and biophysical principles, including current, voltage, amplitude, and resistance;
18.31 	(3) describe the types of current used for electrical stimulation, including the 
18.32 	description, modulations, and clinical relevance;
18.33 	(4) describe the time-dependent parameters of pulsed and alternating currents, 
18.34 	including pulse and phase durations and intervals;
18.35 	(5) describe the amplitude-dependent characteristics of pulsed and alternating 
18.36 	currents;
19.1 	(6) describe neurophysiology and the properties of excitable tissue;
19.2 	(7) describe nerve and muscle response from externally applied electrical 
19.3 	stimulation, including tissue healing;
19.4 	(8) describe the electrotherapeutic effects and the response of nerve, denervated and 
19.5 	innervated muscle, and other soft tissue; and
19.6 	(9) explain the precautions and contraindications of electrotherapy, including 
19.7 	considerations regarding pathology of nerve and muscle tissue.
19.8 	(c) Clinical application training in the use of electrotherapy must include activities 
19.9 	requiring the occupational therapy practitioner to:
19.10 	(1) formulate and justify a plan for the use of electrical stimulation devices for 
19.11 	treatment appropriate to its use and simulate the treatment;
19.12 	(2) evaluate biophysical treatment effects of the electrical stimulation;
19.13 	(3) identify when modifications to the treatment plan using electrical stimulation are 
19.14 	needed and propose the modification plan;
19.15 	(4) safely and appropriately administer electrical stimulation under supervision 
19.16 	of a course instructor or clinical trainer;
19.17 	(5) document the parameters of treatment, case example (patient) response, and 
19.18 	recommendations for progression of treatment for electrical stimulation; and
19.19 	(6) demonstrate the ability to work competently with electrical stimulation as 
19.20 	determined by a course instructor or clinical trainer.
19.21 		Subd. 5.Requirements for use of ultrasound. (a) An occupational therapist
19.22 	 therapy practitioner may use an ultrasound device if the occupational therapist therapy 
19.23 	practitioner has received theoretical training and clinical application training in the use of 
19.24 	ultrasound and been granted approval as provided in subdivision 7.
19.25 	(b) The theoretical training in the use of ultrasound must:
19.26 	(1) explain the rationale and clinical indications for the use of ultrasound, including 
19.27 	anticipated physiological responses of the treated area;
19.28 	(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal 
19.29 	and abnormal tissue;
19.30 	(3) explain the physical principles of ultrasound, including wavelength, frequency, 
19.31 	attenuation, velocity, and intensity;
19.32 	(4) explain the mechanism and generation of ultrasound and energy transmission 
19.33 	through physical matter; and
19.34 	(5) explain the precautions and contraindications regarding use of ultrasound devices.
19.35 	(c) The clinical application training in the use of ultrasound must include activities 
19.36 	requiring the practitioner to:
20.1 	(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to 
20.2 	its use and stimulate the treatment;
20.3 	(2) evaluate biophysical effects of ultrasound;
20.4 	(3) identify when modifications to the treatment plan for use of ultrasound are 
20.5 	needed and propose the modification plan;
20.6 	(4) safely and appropriately administer ultrasound under supervision of a course 
20.7 	instructor or clinical trainer;
20.8 	(5) document parameters of treatment, patient response, and recommendations for 
20.9 	progression of treatment for ultrasound; and
20.10 	(6) demonstrate the ability to work competently with ultrasound as determined 
20.11 	by a course instructor or clinical trainer.
20.12 		Subd. 6.Occupational therapy assistant use of physical agent modalities. An 
20.13 	occupational therapy practitioner licensed as an occupational therapy assistant may set 
20.14 	up and implement treatment using physical agent modalities if the licensed occupational 
20.15 	therapy assistant meets the requirements of this section, has applied for and received 
20.16 	written approval from the commissioner to use physical agent modalities as provided in 
20.17 	subdivision 7, has demonstrated service competency for the particular modality used, and 
20.18 	works under the direct supervision of an occupational therapy practitioner licensed as an 
20.19 	occupational therapist who has been granted approval as provided in subdivision 7. An 
20.20 	occupational therapy practitioner licensed as an occupational therapy assistant who uses 
20.21 	superficial physical agent modalities must meet the requirements of subdivision 3. An 
20.22 	occupational therapy practitioner licensed as an occupational therapy assistant who uses 
20.23 	electrotherapy must meet the requirements of subdivision 4. An occupational therapy 
20.24 	practitioner licensed as an occupational therapy assistant who uses ultrasound must meet 
20.25 	the requirements of subdivision 5. An occupational therapy practitioner licensed as an 
20.26 	occupational therapist may not delegate evaluation, reevaluation, treatment planning, and 
20.27 	treatment goals for physical agent modalities to an occupational therapy practitioner 
20.28 	licensed as an occupational therapy assistant.
20.29 		Subd. 7.Approval. (a) The advisory council shall appoint a committee to review 
20.30 	documentation under subdivisions 2 to 6 to determine if established educational and 
20.31 	clinical requirements are met. If, after review of course documentation, the committee 
20.32 	verifies that a specific course meets the theoretical and clinical requirements in 
20.33 	subdivisions 2 to 6, the commissioner may approve practitioner applications that include 
20.34 	the required course documentation evidencing completion of the same course.
20.35 	(b) Occupational therapists therapy practitioners shall be advised of the status of 
20.36 	their request for approval within 30 days. Occupational therapists therapy practitioners
21.1 	 must provide any additional information requested by the committee that is necessary to 
21.2 	make a determination regarding approval or denial.
21.3 	(c) A determination regarding a request for approval of training under this 
21.4 	subdivision shall be made in writing to the occupational therapist therapy practitioner. If 
21.5 	denied, the reason for denial shall be provided.
21.6 	(d) A licensee An occupational therapy practitioner who was approved by the 
21.7 	commissioner as a level two provider prior to July 1, 1999, shall remain on the roster 
21.8 	maintained by the commissioner in accordance with subdivision 1, paragraph (c).
21.9 	(e) To remain on the roster maintained by the commissioner, a licensee an 
21.10 	occupational therapy practitioner who was approved by the commissioner as a level one 
21.11 	provider prior to July 1, 1999, must submit to the commissioner documentation of training 
21.12 	and experience gained using physical agent modalities since the licensee's occupational 
21.13 	therapy practitioner's approval as a level one provider. The committee appointed under 
21.14 	paragraph (a) shall review the documentation and make a recommendation to the 
21.15 	commissioner regarding approval.
21.16 	(f) An occupational therapist therapy practitioner who received training in the 
21.17 	use of physical agent modalities prior to July 1, 1999, but who has not been placed on 
21.18 	the roster of approved providers may submit to the commissioner documentation of 
21.19 	training and experience gained using physical agent modalities. The committee appointed 
21.20 	under paragraph (a) shall review documentation and make a recommendation to the 
21.21 	commissioner regarding approval.

21.22 	Sec. 26. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
21.23 		Subd. 3.Approved education program. "Approved education program" means 
21.24 	a university, college, or other postsecondary education program of athletic training 
21.25 	that, at the time the student completes the program, is approved or accredited by the 
21.26 	National Athletic Trainers Association Professional Education Committee, the National 
21.27 	Athletic Trainers Association Board of Certification, or the Joint Review Committee on 
21.28 	Educational Programs in Athletic Training in collaboration with the American Academy 
21.29 	of Family Physicians, the American Academy of Pediatrics, the American Medical 
21.30 	Association, and the National Athletic Trainers Association a nationally recognized 
21.31 	accreditation agency for athletic training education programs approved by the board.

21.32 	Sec. 27. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
21.33 		Subd. 9.Credentialing examination. "Credentialing examination" means an 
21.34 	examination administered by the National Athletic Trainers Association Board of 
22.1 	Certification, or their recognized successor, for credentialing as an athletic trainer, or 
22.2 	an examination for credentialing offered by a national testing service that is approved 
22.3 	by the board.

22.4 	Sec. 28. Minnesota Statutes 2012, section 148.7803, is amended to read:
22.5 	148.7803 DESIGNATION OF ATHLETIC TRAINER.
22.6 		Subdivision 1.Designation. A person shall not use in connection with the person's 
22.7 	name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota 
22.8 	registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations, 
22.9 	or insignia indicating or implying that the person is an athletic trainer, without a certificate 
22.10 	of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A 
22.11 	student attending a college or university athletic training program must be identified as a 
22.12 	"student athletic trainer."
22.13 		Subd. 2.Penalty. A person who violates this section is guilty of a misdemeanor and 
22.14 	subject to section 214.11.

22.15 	Sec. 29. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
22.16 		Subdivision 1.Creation; Membership. The Athletic Trainers Advisory Council 
22.17 	is created and is composed of eight members appointed by the board. The advisory 
22.18 	council consists of:
22.19 	(1) two public members as defined in section 214.02;
22.20 	(2) three members who, except for initial appointees, are registered athletic trainers, 
22.21 	one being both a licensed physical therapist and registered athletic trainer as submitted by 
22.22 	the Minnesota American Physical Therapy Association;
22.23 	(3) two members who are medical physicians licensed by the state and have 
22.24 	experience with athletic training and sports medicine; and
22.25 	(4) one member who is a doctor of chiropractic licensed by the state and has 
22.26 	experience with athletic training and sports injuries.

22.27 	Sec. 30. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
22.28 		Subdivision 1.Registration. The board may issue a certificate of registration as an 
22.29 	athletic trainer to applicants who meet the requirements under this section. An applicant 
22.30 	for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 
22.31 	written application on a form, provided by the board, that includes:
22.32 	(1) the applicant's name, Social Security number, home address and telephone 
22.33 	number, business address and telephone number, and business setting;
23.1 	(2) evidence satisfactory to the board of the successful completion of an education 
23.2 	program approved by the board;
23.3 	(3) educational background;
23.4 	(4) proof of a baccalaureate or master's degree from an accredited college or 
23.5 	university;
23.6 	(5) credentials held in other jurisdictions;
23.7 	(6) a description of any other jurisdiction's refusal to credential the applicant;
23.8 	(7) a description of all professional disciplinary actions initiated against the applicant 
23.9 	in any other jurisdiction;
23.10 	(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
23.11 	(9) evidence satisfactory to the board of a qualifying score on a credentialing 
23.12 	examination within one year of the application for registration;
23.13 	(10) additional information as requested by the board;
23.14 	(11) the applicant's signature on a statement that the information in the application is 
23.15 	true and correct to the best of the applicant's knowledge and belief; and
23.16 	(12) the applicant's signature on a waiver authorizing the board to obtain access to 
23.17 	the applicant's records in this state or any other state in which the applicant has completed 
23.18 	an education program approved by the board or engaged in the practice of athletic training.

23.19 	Sec. 31. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
23.20 		Subd. 4.Temporary registration. (a) The board may issue a temporary registration 
23.21 	as an athletic trainer to qualified applicants. A temporary registration is issued for 
23.22 	one year 120 days. An athletic trainer with a temporary registration may qualify for 
23.23 	full registration after submission of verified documentation that the athletic trainer has 
23.24 	achieved a qualifying score on a credentialing examination within one year 120 days after 
23.25 	the date of the temporary registration. A temporary registration may not be renewed.
23.26 	(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
23.27 	 a temporary registration must submit the application materials and fees for registration 
23.28 	required under subdivision 1, clauses (1) to (8) and (10) to (12).
23.29 	(c) An athletic trainer with a temporary registration shall work only under the 
23.30 	direct supervision of an athletic trainer registered under this section. No more than four 
23.31 	athletic trainers with temporary registrations shall work under the direction of a registered 
23.32 	athletic trainer.

23.33 	Sec. 32. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
24.1 		Subd. 2.Approved programs. The board shall approve a continuing education 
24.2 	program that has been approved for continuing education credit by the National Athletic 
24.3 	Trainers Association Board of Certification, or its recognized successor.

24.4 	Sec. 33. Minnesota Statutes 2012, section 148.7813, is amended by adding a 
24.5 	subdivision to read:
24.6 		Subd. 5.Discipline; reporting. For the purposes of this chapter, licensed athletic 
24.7 	trainers and applicants are subject to the provisions of sections 147.091 to 147.162.

24.8 	Sec. 34. Minnesota Statutes 2012, section 148.7814, is amended to read:
24.9 	148.7814 APPLICABILITY.
24.10 	Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 
24.11 	trainers by the National Athletic Trainers Association Board of Certification or the board's 
24.12 	recognized successor and come into Minnesota for a specific athletic event or series of 
24.13 	athletic events with an individual or group.

24.14 	Sec. 35. Minnesota Statutes 2012, section 151.37, subdivision 2, is amended to read:
24.15 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
24.16 	professional practice only, may prescribe, administer, and dispense a legend drug, and may 
24.17 	cause the same to be administered by a nurse, a physician assistant, or medical student or 
24.18 	resident under the practitioner's direction and supervision, and may cause a person who 
24.19 	is an appropriately certified, registered, or licensed health care professional to prescribe, 
24.20 	dispense, and administer the same within the expressed legal scope of the person's practice 
24.21 	as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug, 
24.22 	without reference to a specific patient, by directing a nurse, pursuant to section 148.235, 
24.23 	subdivisions 8 and 9, physician assistant, medical student or resident, or pharmacist 
24.24 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
24.25 	protocol when treating patients whose condition falls within such guideline or protocol, 
24.26 	and when such guideline or protocol specifies the circumstances under which the legend 
24.27 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
24.28 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
24.29 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
24.30 	assistant only if the physician assistant meets the requirements of section 147A.18.
24.31 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
24.32 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
24.33 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
25.1 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
25.2 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
25.3 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
25.4 	to control tuberculosis and other communicable diseases. The commissioner may modify 
25.5 	state drug labeling requirements, and medical screening criteria and documentation, where 
25.6 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
25.7 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
25.8 	and mortality.
25.9 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
25.10 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
25.11 	file with the practitioner's licensing board a statement indicating that the practitioner 
25.12 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
25.13 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
25.14 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
25.15 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
25.16 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
25.17 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
25.18 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
25.19 	making the drug available if the legend drug requires compounding, packaging, or other 
25.20 	treatment. The statement filed under this paragraph is public data under section 13.03. 
25.21 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
25.22 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
25.23 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
25.24 	To dispense for profit does not include dispensing by a community health clinic when the 
25.25 	profit from dispensing is used to meet operating expenses.
25.26 	(d) A prescription or drug order for the following drugs is not valid, unless it can be 
25.27 	established that the prescription or order was based on a documented patient evaluation, 
25.28 	including an examination, adequate to establish a diagnosis and identify underlying 
25.29 	conditions and contraindications to treatment:
25.30 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
25.31 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
25.32 	152.02, subdivisions 7, 8, and 12;
25.33 	(3) muscle relaxants;
25.34 	(4) centrally acting analgesics with opioid activity;
25.35 	(5) drugs containing butalbital; or
25.36 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
26.1 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
26.2 	met if an in-person examination has been completed in any of the following circumstances:
26.3 	(1) the prescribing practitioner examines the patient at the time the prescription 
26.4 	or drug order is issued;
26.5 	(2) the prescribing practitioner has performed a prior examination of the patient;
26.6 	(3) another prescribing practitioner practicing within the same group or clinic as the 
26.7 	prescribing practitioner has examined the patient;
26.8 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
26.9 	patient has examined the patient; or
26.10 	(5) the referring practitioner has performed an examination in the case of a 
26.11 	consultant practitioner issuing a prescription or drug order when providing services by 
26.12 	means of telemedicine.
26.13 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
26.14 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
26.15 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
26.16 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
26.17 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
26.18 	United States Centers for Disease Control.
26.19 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
26.20 	of legend drugs through a public health clinic or other distribution mechanism approved 
26.21 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
26.22 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
26.23 	biological, chemical, or radiological agent.
26.24 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
26.25 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
26.26 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
26.27 	valid under paragraph (d).
26.28 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
26.29 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
26.30 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
26.31 	expected to know, is not valid under paragraph (d).
26.32 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
26.33 	practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 
26.34 	a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 
26.35 	treatment of a communicable disease according to the Centers For Disease Control and 
26.36 	Prevention Partner Services Guidelines.

27.1 	Sec. 36.  REPEALER.
 27.2 	(a) Minnesota Statutes 2012, sections 146B.03, subdivision 10; 325F.814; and 
27.3 	609.2246, are repealed.
27.4 	(b) Minnesota Rules, parts 4655.3000, subparts 2, 3, and 4; 4658.0810, subparts 
27.5 	1 and 2; 4658.0815, subparts 1, 2, 3, and 4; 4664.0290, subparts 1, 2, 3, and 4; and 
27.6 	4668.0065, subparts 1 and 2, are repealed. The revisor shall make any cross-references 
27.7 	changes in Minnesota Statutes and Minnesota Rules required by the repealed parts in this 
27.8 	section. The revisor shall also make any necessary grammatical changes and changes to 
27.9 	the remaining text in Minnesota Statutes and Minnesota Rules and preserve its meaning.
27.10 	(c) Minnesota Statutes 2012, sections 148.7808, subdivision 2; and 148.7813, are 
27.11 	repealed.