1.1 	A bill for an act
1.2 	relating to state government; making changes to health and human services policy 
1.3 	provisions; modifying provisions relating to children and family services, the 
1.4 	provision of health services, chemical and mental health services, health-related 
1.5 	licensing boards, Department of Health, public health, continuing care, and 
1.6 	health care; establishing reporting requirements and grounds for disciplinary 
1.7 	action for health professionals; making changes to the medical assistance 
1.8 	program; modifying the newborn screening program; regulating the sale and 
1.9 	use of tobacco-related and electronic delivery devices; modifying requirements 
1.10 	for local boards of health; modifying provisions governing prescription drugs; 
1.11 	making changes to provisions governing the Board of Pharmacy; modifying 
1.12 	home and community-based services standards; making changes to grant 
1.13 	programs; modifying certain penalty fees; requiring studies and reports;
1.14 	amending Minnesota Statutes 2012, sections 62J.497, subdivision 5; 62U.04, 
1.15 	subdivision 4, by adding subdivisions; 144.125, subdivisions 3, 4, 5, 8, 9, 10; 
1.16 	144.1501, subdivision 1; 144.4165; 144.565, subdivision 4; 144D.065; 144E.101, 
1.17 	subdivision 6; 145.928, by adding a subdivision; 145A.02, subdivisions 5, 15, by 
1.18 	adding subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 
1.19 	145A.04, as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 
1.20 	6, by adding subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, 
1.21 	subdivision 2; 145A.131; 148.01, subdivisions 1, 2, by adding a subdivision; 
1.22 	148.105, subdivision 1; 148.6402, subdivision 17; 148.6404; 148.6430; 
1.23 	148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 
1.24 	148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 
1.25 	2; 148.7813, by adding a subdivision; 148.7814; 148.995, subdivision 2; 
1.26 	148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, 
1.27 	subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, 
1.28 	subdivision 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.34; 151.35; 
1.29 	151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 
1.30 	5; 152.126, as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 
1.31 	214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 
1.32 	214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 
1.33 	245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision 
1.34 	2; 253B.092, subdivision 2; 254B.01, by adding a subdivision; 254B.05, 
1.35 	subdivision 5; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 
1.36 	256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016, 
1.37 	subdivision 1; 256B.69, subdivision 16, by adding a subdivision; 256D.01, 
1.38 	subdivision 1e; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, 
1.39 	subdivision 2a; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding 
2.1 	a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 
2.2 	461.19; 609.685; 609.6855; 626.556, subdivision 11c; Minnesota Statutes 
2.3 	2013 Supplement, sections 144.1225, subdivision 2; 144.125, subdivision 7; 
2.4 	144.493, subdivisions 1, 2; 144A.474, subdivision 12; 144A.475, subdivision 
2.5 	3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7; 
2.6 	151.252, by adding a subdivision; 152.02, subdivision 2; 245D.02, by adding 
2.7 	a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 1; 245D.07, 
2.8 	subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, subdivisions 3, 4, 4a, 
2.9 	5; 245D.095, subdivision 3; 245D.22, subdivision 4; 245D.31, subdivisions 3, 
2.10 	4, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21; 
2.11 	256B.0659, subdivision 21; 256B.0922, subdivision 1; 256B.4912, subdivision 
2.12 	10; 256B.492; 256B.766; 256B.85, subdivision 12; 260.835, subdivision 2; 
2.13 	626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article 
2.14 	7, section 7; article 9, section 17; Laws 2013, chapter 108, article 7, section 
2.15 	60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 
2.16 	150A; 151; 214; 325H; 403; 604A; repealing Minnesota Statutes 2012, sections 
2.17 	144.125, subdivision 6; 145A.02, subdivision 2; 145A.03, subdivisions 3, 6; 
2.18 	145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 
2.19 	10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision 
2.20 	2; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08; 
2.21 	Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision 
2.22 	2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 
2.23 	1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 
2.24 	9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 
2.25 	9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
2.26 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.27 	ARTICLE 1
2.28 	CHILDREN AND FAMILY SERVICES

2.29 	Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to 
2.30 	read:
2.31 		Subd. 19.Family day care and group family day care child age classifications.
 2.32 	(a) For the purposes of family day care and group family day care licensing under this 
2.33 	chapter, the following terms have the meanings given them in this subdivision.
2.34 	(b) "Newborn" means a child between birth and six weeks old.
2.35 	(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
2.36 	(d) "Toddler" means a child who is at least 12 months old but less than 24 months 
2.37 	old, except that for purposes of specialized infant and toddler family and group family day 
2.38 	care, "toddler" means a child who is at least 12 months old but less than 30 months old.
2.39 	(e) "Preschooler" means a child who is at least 24 months old up to the school age of 
2.40 	being eligible to enter kindergarten within the next four months.
2.41 	(f) "School age" means a child who is at least of sufficient age to have attended the 
2.42 	first day of kindergarten, or is eligible to enter kindergarten within the next four months
2.43 	 five years of age, but is younger than 11 years of age.

3.1 	Sec. 2. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
3.2 		Subd. 4.Duties of commissioner. The commissioner of human services shall:
3.3 	(1) provide practice guidance to responsible social services agencies and child-placing 
3.4 	agencies that reflect federal and state laws and policy direction on placement of children;
3.5 	(2) develop criteria for determining whether a prospective adoptive or foster family 
3.6 	has the ability to understand and validate the child's cultural background;
3.7 	(3) provide a standardized training curriculum for adoption and foster care workers 
3.8 	and administrators who work with children. Training must address the following objectives:
3.9 	(i) developing and maintaining sensitivity to all cultures;
3.10 	(ii) assessing values and their cultural implications;
3.11 	(iii) making individualized placement decisions that advance the best interests of a 
3.12 	particular child under section 260C.212, subdivision 2; and
3.13 	(iv) issues related to cross-cultural placement;
3.14 	(4) provide a training curriculum for all prospective adoptive and foster families that 
3.15 	prepares them to care for the needs of adoptive and foster children taking into consideration 
3.16 	the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
3.17 	(5) develop and provide to agencies a home study format to assess the capacities 
3.18 	and needs of prospective adoptive and foster families. The format must address 
3.19 	problem-solving skills; parenting skills; evaluate the degree to which the prospective 
3.20 	family has the ability to understand and validate the child's cultural background, and other 
3.21 	issues needed to provide sufficient information for agencies to make an individualized 
3.22 	placement decision consistent with section 260C.212, subdivision 2. For a study of a 
3.23 	prospective foster parent, the format must also address the capacity of the prospective 
3.24 	foster parent to provide a safe, healthy, smoke-free home environment. If a prospective 
3.25 	adoptive parent has also been a foster parent, any update necessary to a home study for 
3.26 	the purpose of adoption may be completed by the licensing authority responsible for the 
3.27 	foster parent's license. If a prospective adoptive parent with an approved adoptive home 
3.28 	study also applies for a foster care license, the license application may be made with the 
3.29 	same agency which provided the adoptive home study; and
3.30 	(6) consult with representatives reflecting diverse populations from the councils 
3.31 	established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 
3.32 	community organizations.

3.33 	Sec. 3. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
3.34 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
3.35 	agency must:
4.1 	(1) develop and follow procedures for implementing the requirements of section 
4.2 	260C.212, subdivision 2, and the Indian Child Welfare Act, United States Code, title 
4.3 	25, sections 1901 to 1923;
4.4 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
4.5 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
4.6 	The plan must include:
4.7 	(i) strategies for using existing resources in diverse communities;
4.8 	(ii) use of diverse outreach staff wherever possible;
4.9 	(iii) use of diverse foster homes for placements after birth and before adoption; and
4.10 	(iv) other techniques as appropriate;
4.11 	(3) have a written plan for training adoptive and foster families;
4.12 	(4) have a written plan for employing staff in adoption and foster care who have 
4.13 	the capacity to assess the foster and adoptive parents' ability to understand and validate a 
4.14 	child's cultural and meet the child's individual needs, and to advance the best interests of 
4.15 	the child, as required in section 260C.212, subdivision 2. The plan must include staffing 
4.16 	goals and objectives;
4.17 	(5) ensure that adoption and foster care workers attend training offered or approved 
4.18 	by the Department of Human Services regarding cultural diversity and the needs of special 
4.19 	needs children; and
4.20 	(6) develop and implement procedures for implementing the requirements of the 
4.21 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
4.22 	(7) ensure that children in foster care are protected from the effects of secondhand 
4.23 	smoke and that licensed foster homes maintain a smoke-free environment in compliance 
4.24 	with subdivision 9.
4.25 	(b) In determining the suitability of a proposed placement of an Indian child, the 
4.26 	standards to be applied must be the prevailing social and cultural standards of the Indian 
4.27 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
4.28 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

4.29 	Sec. 4. Minnesota Statutes 2012, section 260C.215, is amended by adding a 
4.30 	subdivision to read:
4.31 		Subd. 9.Preventing exposure to secondhand smoke for children in foster care.
 4.32 	(a) A child in foster care shall not be exposed to any type of secondhand smoke in the 
4.33 	following settings:
4.34 	(1) a licensed foster home or any enclosed space connected to the home, including a 
4.35 	garage, porch, deck, or similar space; or
5.1 	(2) a motor vehicle while a foster child is transported.
5.2 	(b) Smoking in outdoor areas on the premises of the home is permitted, except when 
5.3 	a foster child is present and exposed to secondhand smoke.
5.4 	(c) The home study required in subdivision 4, clause (5), must include a plan to 
5.5 	maintain a smoke-free environment for foster children.
5.6 	(d) If a foster parent fails to provide a smoke-free environment for a foster child, the 
5.7 	child-placing agency must ask the foster parent to comply with a plan that includes training 
5.8 	on the health risks of exposure to secondhand smoke. If the agency determines that the 
5.9 	foster parent is unable to provide a smoke-free environment and that the home environment 
5.10 	constitutes a health risk to a foster child, the agency must reassess whether the placement 
5.11 	is based on the child's best interests consistent with section 260C.212, subdivision 2.
5.12 	(e) Nothing in this subdivision shall delay the placement of a child with a relative, 
5.13 	consistent with section 245A.035, unless the relative is unable to provide for the 
5.14 	immediate health needs of the individual child.
5.15 	(f) If a child's best interests would most effectively be served by placement in a home 
5.16 	which will not meet the requirements of paragraph (a), the failure to meet the requirements 
5.17 	of paragraph (a) shall not be a cause to deny placement in that home.
5.18 	(g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a 
5.19 	basis for denying placement pursuant to the provisions of the federal Indian Child Welfare 
5.20 	Act or Minnesota Indian Family Preservation Act.
5.21 	(h) Nothing in this subdivision shall be interpreted to interfere with traditional or 
5.22 	spiritual Native American or religious ceremonies involving the use of tobacco.

5.23 	Sec. 5. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
5.24 		Subd. 11c.Welfare, court services agency, and school records maintained.
 5.25 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
5.26 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
5.27 	investigating the report, court services agencies, or schools under this section shall be 
5.28 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
5.29 	(a) For family assessment cases and cases where an investigation results in no 
5.30 	determination of maltreatment or the need for child protective services, the assessment or 
5.31 	investigation records must be maintained for a period of four years. Records under this 
5.32 	paragraph may not be used for employment, background checks, or purposes other than to 
5.33 	assist in future risk and safety assessments.
6.1 	(b) All records relating to reports which, upon investigation, indicate either 
6.2 	maltreatment or a need for child protective services shall be maintained for at least ten 
6.3 	years after the date of the final entry in the case record.
6.4 	(c) All records regarding a report of maltreatment, including any notification of intent 
6.5 	to interview which was received by a school under subdivision 10, paragraph (d), shall be 
6.6 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
6.7 	investigation. The agency shall order the destruction of the notification when other records 
6.8 	relating to the report under investigation or assessment are destroyed under this subdivision.
6.9 	(d) Private or confidential data released to a court services agency under subdivision 
6.10 	10h must be destroyed by the court services agency when ordered to do so by the local 
6.11 	welfare agency that released the data. The local welfare agency or agency responsible for 
6.12 	assessing or investigating the report shall order destruction of the data when other records 
6.13 	relating to the assessment or investigation are destroyed under this subdivision.
6.14 	(e) For reports alleging child maltreatment that were not accepted for assessment 
6.15 	or investigation, counties shall maintain sufficient information to identify repeat reports 
6.16 	alleging maltreatment of the same child or children for 365 days from the date the report 
6.17 	was screened out. The Department of Human Services shall specify to the counties the 
6.18 	minimum information needed to accomplish this purpose. Counties shall enter this data 
6.19 	into the state social services information system.

6.20 	Sec. 6. MINNESOTA TANF EXPENDITURES TASK FORCE.
 6.21 		Subdivision 1.Establishment. The Minnesota TANF Expenditures Task Force is 
6.22 	established to analyze past temporary assistance for needy families (TANF) expenditures 
6.23 	and make recommendations as to which, if any, programs currently receiving TANF 
6.24 	funding should be funded by the general fund so that a greater portion of TANF funds 
6.25 	can go directly to Minnesota families receiving assistance through the Minnesota family 
6.26 	investment program under Minnesota Statutes, chapter 256J.
6.27 		Subd. 2.Membership; meetings; staff. (a) The task force shall be composed of the 
6.28 	following members who serve at the pleasure of their appointing authority:
6.29 	(1) one representative of the Department of Human Services appointed by the 
6.30 	commissioner of human services;
6.31 	(2) one representative of the Department of Management and Budget appointed by 
6.32 	the commissioner of management and budget;
6.33 	(3) one representative of the Department of Health appointed by the commissioner 
6.34 	of health;
6.35 	(4) one representative of the Local Public Health Association of Minnesota;
7.1 	(5) two representatives of county government appointed by the Association of 
7.2 	Minnesota Counties, one representing counties in the seven-county metropolitan area 
7.3 	and one representing all other counties;
7.4 	(6) one representative of the Minnesota Legal Services Coalition;
7.5 	(7) one representative of the Children's Defense Fund of Minnesota;
7.6 	(8) one representative of the Minnesota Coalition for the Homeless;
7.7 	(9) one representative of the Welfare Rights Coalition;
7.8 	(10) two members of the house of representatives, one appointed by the speaker of 
7.9 	the house and one appointed by the minority leader; and
7.10 	(11) two members of the senate, including one member of the minority party, 
7.11 	appointed according to the rules of the senate.
7.12 	(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force 
7.13 	shall serve without compensation or reimbursement of expenses.
7.14 	(c) The commissioner of human services must convene the first meeting of the 
7.15 	Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at 
7.16 	least quarterly.
7.17 	(d) Staffing and technical assistance shall be provided within available resources by 
7.18 	the Department of Human Services, children and family services division.
7.19 		Subd. 3.Duties. (a) The task force must report on past expenditures of the TANF 
7.20 	block grant, including a determination of whether or not programs for which TANF funds 
7.21 	have been appropriated meet the purposes of the TANF program as defined under Code of 
7.22 	Federal Regulations, title 45, section 260.20, and make recommendations as to which, 
7.23 	if any, programs currently receiving TANF funds should be funded by the general fund. 
7.24 	In making recommendations on program funding sources, the task force shall consider 
7.25 	the following:
7.26 	(1) the original purpose of the TANF block grant under Code of Federal Regulations, 
7.27 	title 45, section 260.20;
7.28 	(2) potential overlap of the population eligible for the Minnesota family investment 
7.29 	program cash grant and the other programs currently receiving TANF funds;
7.30 	(3) the ability for TANF funds, as appropriated under current law, to effectively help 
7.31 	the lowest-income Minnesotans out of poverty;
7.32 	(4) the impact of past expenditures on families who may be eligible for assistance 
7.33 	through TANF;
7.34 	(5) the ability of TANF funds to support effective parenting and optimal brain 
7.35 	development in children under five years old; and
8.1 	(6) the role of noncash assistance expenditures in maintaining compliance with 
8.2 	federal law.
8.3 	(b) In preparing the recommendations under paragraph (a), the task force shall 
8.4 	consult with appropriate Department of Human Services information technology staff 
8.5 	regarding implementation of the recommendations.
8.6 		Subd. 4.Report. (a) The task force must submit an initial report by November 
8.7 	30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and 
8.8 	ranking minority members of the legislative committees with jurisdiction over health and 
8.9 	human services policy and finance.
8.10 	(b) The task force must submit a final report by February 1, 2015, analyzing past 
8.11 	TANF expenditures and making recommendations as to which programs, if any, currently 
8.12 	receiving TANF funding should be funded by the general fund, including any phase-in 
8.13 	period and draft legislation necessary for implementation, to the chairs and ranking 
8.14 	minority members of the legislative committees with jurisdiction over health and human 
8.15 	services policy and finance.
8.16 		Subd. 5.Expiration. This section expires March 1, 2015, or upon submission of the 
8.17 	final report required under subdivision 4, whichever is earlier.

8.18 	Sec. 7. REVISOR'S INSTRUCTION.
 8.19 	The revisor of statutes shall change the term "guardianship assistance" to "Northstar 
8.20 	kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to 
8.21 	refer to the program components related to Northstar Care for Children under Minnesota 
8.22 	Statutes, chapter 256N.

8.23 	ARTICLE 2
8.24 	PROVISION OF HEALTH SERVICES

8.25 	Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to 
8.26 	read:
8.27 		Subd. 6.Basic life support. (a) Except as provided in paragraphs (e) and (f), a 
8.28 	basic life-support ambulance shall be staffed by at least two EMTs, one of whom must 
8.29 	accompany the patient and provide a level of care so as to ensure that:
8.30 	(1) life-threatening situations and potentially serious injuries are recognized;
8.31 	(2) patients are protected from additional hazards;
8.32 	(3) basic treatment to reduce the seriousness of emergency situations is administered; 
8.33 	and
8.34 	(4) patients are transported to an appropriate medical facility for treatment.
9.1 	(b) A basic life-support service shall provide basic airway management.
9.2 	(c) A basic life-support service shall provide automatic defibrillation.
9.3 	(d) A basic life-support service licensee's medical director may authorize ambulance 
9.4 	service personnel to perform intravenous infusion and use equipment that is within the 
9.5 	licensure level of the ambulance service, including administration of an opiate antagonist. 
9.6 	Ambulance service personnel must be properly trained. Documentation of authorization 
9.7 	for use, guidelines for use, continuing education, and skill verification must be maintained 
9.8 	in the licensee's files.
9.9 	(e) Upon application from an ambulance service that includes evidence demonstrating 
9.10 	hardship, the board may grant a variance from the staff requirements in paragraph (a) and 
9.11 	may authorize a basic life-support ambulance to be staffed by one EMT and one registered 
9.12 	emergency medical responder driver for all emergency ambulance calls and interfacility 
9.13 	transfers. The variance shall apply to basic life-support ambulances operated by the 
9.14 	ambulance service until the ambulance service renews its license. When a variance expires, 
9.15 	an ambulance service may apply for a new variance under this paragraph. For purposes of 
9.16 	this paragraph, "ambulance service" means either an ambulance service whose primary 
9.17 	service area is mainly located outside the metropolitan counties listed in section 473.121, 
9.18 	subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. 
9.19 	Cloud; or an ambulance service based in a community with a population of less than 1,000.
9.20 	(f) After an initial emergency ambulance call, each subsequent emergency ambulance 
9.21 	response, until the initial ambulance is again available, and interfacility transfers, may 
9.22 	be staffed by one registered emergency medical responder driver and an EMT. The 
9.23 	EMT must accompany the patient and provide the level of care required in paragraph 
9.24 	(a). This paragraph applies only to an ambulance service whose primary service area is 
9.25 	mainly located outside the metropolitan counties listed in section 473.121, subdivision 
9.26 	4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an 
9.27 	ambulance based in a community with a population of less than 1,000 persons.

9.28 	Sec. 2. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
9.29 		Subdivision 1.Practice of dentistry. A person licensed to practice dentistry under 
9.30 	sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating 
9.31 	in the administration of an influenza vaccination.
9.32 		Subd. 2.Qualified dentists. (a) The influenza immunization shall be administered 
9.33 	only to patients 19 years of age and older and only by licensed dentists who:
10.1 	(1) have immediate access to emergency response equipment, including but not 
10.2 	limited to oxygen administration equipment, epinephrine, and other allergic reaction 
10.3 	response equipment; and
10.4 	(2) are trained in or have successfully completed a program approved by the 
10.5 	Minnesota Board of Dentistry, specifically for the administration of immunizations. The 
10.6 	training or program must include:
10.7 	(i) educational material on the disease of influenza and vaccination as prevention 
10.8 	of the disease;
10.9 	(ii) contraindications and precautions;
10.10 	(iii) intramuscular administration;
10.11 	(iv) communication of risk and benefits of influenza vaccination and legal 
10.12 	requirements involved;
10.13 	(v) reporting of adverse events;
10.14 	(vi) documentation required by federal law; and
10.15 	(vii) storage and handling of vaccines.
10.16 	(b) Any dentist giving influenza vaccinations under this section shall comply 
10.17 	with guidelines established by the federal Advisory Committee on Immunization 
10.18 	Practices relating to vaccines and immunizations, which includes, but is not limited to, 
10.19 	vaccine storage and handling, vaccine administration and documentation, and vaccine 
10.20 	contraindications and precautions.
10.21 		Subd. 3.Coordination of care. After a dentist qualified under subdivision 2 has 
10.22 	administered an influenza vaccine to a patient, the dentist shall report the administration of 
10.23 	the immunization to the Minnesota Immunization Information Connection or otherwise 
10.24 	notify the patient's primary physician or clinic of the administration of the immunization.

10.25 	EFFECTIVE DATE. This section is effective January 1, 2015, and applies to 
10.26 	influenza immunizations performed on or after that date.

10.27 	Sec. 3. Minnesota Statutes 2012, section 151.37, is amended by adding a subdivision 
10.28 	to read:
10.29 		Subd. 12.Administration of opiate antagonists for drug overdose. (a) A licensed 
10.30 	physician, a licensed advanced practice registered nurse authorized to prescribe drugs 
10.31 	pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs 
10.32 	pursuant to section 147A.18, may authorize the following individuals to administer opiate 
10.33 	antagonists, as defined in section 604A.04, subdivision 1:
10.34 	(1) an emergency medical responder registered pursuant to section 144E.27;
11.1 	(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and 
11.2 	(d); and
11.3 	(3) staff of community-based health disease prevention or social service programs.
11.4 	(b) For the purposes of this subdivision, opiate antagonists may be administered by 
11.5 	one of these individuals only if:
11.6 	(1) the licensed physician, licensed physician assistant, or licensed advanced 
11.7 	practice registered nurse has issued a standing order to, or entered into a protocol with, 
11.8 	the individual; and
11.9 	(2) the individual has training in the recognition of signs of opiate overdose and the 
11.10 	use of opiate antagonists as part of the emergency response to opiate overdose.
11.11 	(c) Nothing in this section prohibits the possession and administration of naloxone 
11.12 	pursuant to section 604A.04.

11.13 	Sec. 4. [151.71] MAXIMUM ALLOWABLE COST PRICING.
11.14 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
11.15 	have the meanings given.
11.16 	(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision 
11.17 	4.
11.18 	(c) "Pharmacy benefit manager" means an entity doing business in this state that 
11.19 	contracts to administer or manage prescription drug benefits on behalf of any health plan 
11.20 	company that provides prescription drug benefits to residents of this state.
11.21 		Subd. 2.Pharmacy benefit manager contracts with pharmacies; maximum 
11.22 	allowable cost pricing. (a) In each contract between a pharmacy benefit manager and 
11.23 	a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit 
11.24 	manager a current list of the sources used to determine maximum allowable cost pricing. 
11.25 	The pharmacy benefit manager shall update the pricing information at least every seven 
11.26 	business days and provide a means by which contracted pharmacies may promptly review 
11.27 	current prices in an electronic, print, or telephonic format within one business day at no 
11.28 	cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate 
11.29 	products from the list of drugs subject to maximum allowable cost pricing in a timely 
11.30 	manner in order to remain consistent with changes in the marketplace.
11.31 	(b) In order to place a prescription drug on a maximum allowable cost list, a 
11.32 	pharmacy benefit manager shall ensure that the drug is generally available for purchase by 
11.33 	pharmacies in this state from a national or regional wholesaler and is not obsolete.
12.1 	(c) Each contract between a pharmacy benefit manager and a pharmacy must include 
12.2 	a process to appeal, investigate, and resolve disputes regarding maximum allowable cost 
12.3 	pricing that includes:
12.4 	(1) a 15 business day limit on the right to appeal following the initial claim;
12.5 	(2) a requirement that the appeal be investigated and resolved within seven business 
12.6 	days after the appeal; and
12.7 	(3) a requirement that a pharmacy benefit manager provide a reason for any appeal 
12.8 	denial and identify the national drug code of a drug that may be purchased by the 
12.9 	pharmacy at a price at or below the maximum allowable cost price as determined by 
12.10 	the pharmacy benefit manager.
12.11 	(d) If the appeal is upheld, the pharmacy benefit manager shall make an adjustment 
12.12 	to the maximum allowable cost price no later than one business day after the date of 
12.13 	determination. The pharmacy benefit manager shall make the price adjustment applicable 
12.14 	to all similarly situated network pharmacy providers as defined by the plan sponsor.

12.15 	EFFECTIVE DATE. This section is effective January 1, 2015.

12.16 	Sec. 5. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter 
12.17 	113, article 3, section 3, is amended to read:
12.18 	152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC 
12.19 	REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
12.20 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in 
12.21 	this subdivision have the meanings given.
12.22 	(a) (b) "Board" means the Minnesota State Board of Pharmacy established under 
12.23 	chapter 151.
12.24 	(b) (c) "Controlled substances" means those substances listed in section 152.02, 
12.25 	subdivisions 3 to 5 6, and those substances defined by the board pursuant to section 
12.26 	152.02, subdivisions 7, 8, and 12. For the purposes of this section, controlled substances 
12.27 	includes tramadol and butalbital.
12.28 	(c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01, 
12.29 	subdivision 30. Dispensing does not include the direct administering of a controlled 
12.30 	substance to a patient by a licensed health care professional.
12.31 	(d) (e) "Dispenser" means a person authorized by law to dispense a controlled 
12.32 	substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does 
12.33 	not include a licensed hospital pharmacy that distributes controlled substances for inpatient 
12.34 	hospital care or a veterinarian who is dispensing prescriptions under section 156.18.
13.1 	(e) (f) "Prescriber" means a licensed health care professional who is authorized to 
13.2 	prescribe a controlled substance under section 152.12, subdivision 1 or 2.
13.3 	(f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.
13.4 		Subd. 1a.Treatment of intractable pain. This section is not intended to limit or 
13.5 	interfere with the legitimate prescribing of controlled substances for pain. No prescriber 
13.6 	shall be subject to disciplinary action by a health-related licensing board for prescribing a 
13.7 	controlled substance according to the provisions of section 152.125.
13.8 		Subd. 2.Prescription electronic reporting system. (a) The board shall establish 
13.9 	by January 1, 2010, an electronic system for reporting the information required under 
13.10 	subdivision 4 for all controlled substances dispensed within the state.
13.11 	(b) The board may contract with a vendor for the purpose of obtaining technical 
13.12 	assistance in the design, implementation, operation, and maintenance of the electronic 
13.13 	reporting system.
13.14 		Subd. 3.Prescription Electronic ReportingMonitoring Program Advisory 
13.15 	Committee Task Force. (a) The board shall convene shall appoint an advisory committee. 
13.16 	The committee must include task force consisting of at least one representative of:
13.17 	(1) the Department of Health;
13.18 	(2) the Department of Human Services;
13.19 	(3) each health-related licensing board that licenses prescribers;
13.20 	(4) a professional medical association, which may include an association of pain 
13.21 	management and chemical dependency specialists;
13.22 	(5) a professional pharmacy association;
13.23 	(6) a professional nursing association;
13.24 	(7) a professional dental association;
13.25 	(8) a consumer privacy or security advocate; and
13.26 	(9) a consumer or patient rights organization.
13.27 	(b) The advisory committeetask force shall advise the board on the development and 
13.28 	operation of the electronic reporting system prescription monitoring program, including, 
13.29 	but not limited to:
13.30 	(1) technical standards for electronic prescription drug reporting;
13.31 	(2) proper analysis and interpretation of prescription monitoring data; and
13.32 	(3) an evaluation process for the program.
13.33 	(c) The task force is governed by section 15.059. Notwithstanding section 15.059, 
13.34 	subdivision 5, the task force shall not expire.
14.1 		Subd. 4.Reporting requirements; notice. (a) Each dispenser must submit the 
14.2 	following data to the board or its designated vendor, subject to the notice required under 
14.3 	paragraph (d):
14.4 	(1) name of the prescriber;
14.5 	(2) national provider identifier of the prescriber;
14.6 	(3) name of the dispenser;
14.7 	(4) national provider identifier of the dispenser;
14.8 	(5) prescription number;
14.9 	(6) name of the patient for whom the prescription was written;
14.10 	(7) address of the patient for whom the prescription was written;
14.11 	(8) date of birth of the patient for whom the prescription was written;
14.12 	(9) date the prescription was written;
14.13 	(10) date the prescription was filled;
14.14 	(11) name and strength of the controlled substance;
14.15 	(12) quantity of controlled substance prescribed;
14.16 	(13) quantity of controlled substance dispensed; and
14.17 	(14) number of days supply.
14.18 	(b) The dispenser must submit the required information by a procedure and in a 
14.19 	format established by the board. The board may allow dispensers to omit data listed in this 
14.20 	subdivision or may require the submission of data not listed in this subdivision provided 
14.21 	the omission or submission is necessary for the purpose of complying with the electronic 
14.22 	reporting or data transmission standards of the American Society for Automation in 
14.23 	Pharmacy, the National Council on Prescription Drug Programs, or other relevant national 
14.24 	standard-setting body.
14.25 	(c) A dispenser is not required to submit this data for those controlled substance 
14.26 	prescriptions dispensed for:
14.27 	(1) individuals residing in licensed skilled nursing or intermediate care facilities;
14.28 	(2) individuals receiving assisted living services under chapter 144G or through a 
14.29 	medical assistance home and community-based waiver;
14.30 	(3) individuals receiving medication intravenously;
14.31 	(4) individuals receiving hospice and other palliative or end-of-life care; and
14.32 	(5) individuals receiving services from a home care provider regulated under chapter 
14.33 	144A.
14.34 	(1) individuals residing in a health care facility as defined in section 151.58, 
14.35 	subdivision 2, paragraph (b), when a drug is distributed through the use of an automated 
14.36 	drug distribution system according to section 151.58; and
15.1 	(2) individuals receiving a drug sample that was packaged by a manufacturer and 
15.2 	provided to the dispenser for dispensing as a professional sample pursuant to Code of 
15.3 	Federal Regulations, title 21, section 203, subpart D.
15.4 	(d) A dispenser must not submit data under this subdivision unlessprovide to the 
15.5 	patient for whom the prescription was written a conspicuous notice of the reporting 
15.6 	requirements of this section is given to the patient for whom the prescription was written
15.7 	 and notice that the information may be used for program administration purposes.
15.8 		Subd. 5.Use of data by board. (a) The board shall develop and maintain a database 
15.9 	of the data reported under subdivision 4. The board shall maintain data that could identify 
15.10 	an individual prescriber or dispenser in encrypted form. Except as otherwise allowed 
15.11 	under subdivision 6, the database may be used by permissible users identified under 
15.12 	subdivision 6 for the identification of:
15.13 	(1) individuals receiving prescriptions for controlled substances from prescribers 
15.14 	who subsequently obtain controlled substances from dispensers in quantities or with a 
15.15 	frequency inconsistent with generally recognized standards of use for those controlled 
15.16 	substances, including standards accepted by national and international pain management 
15.17 	associations; and
15.18 	(2) individuals presenting forged or otherwise false or altered prescriptions for 
15.19 	controlled substances to dispensers.
15.20 	(b) No permissible user identified under subdivision 6 may access the database 
15.21 	for the sole purpose of identifying prescribers of controlled substances for unusual or 
15.22 	excessive prescribing patterns without a valid search warrant or court order.
15.23 	(c) No personnel of a state or federal occupational licensing board or agency may 
15.24 	access the database for the purpose of obtaining information to be used to initiate or 
15.25 	substantiate a disciplinary action against a prescriber.
15.26 	(d) Data reported under subdivision 4 shall be retained by the board in the database 
15.27 	for a 12-month period, and shall be removed from the database no later than 12 months 
15.28 	from the last day of the month during which the data was received. made available to 
15.29 	permissible users for a 12-month period beginning the day the data was received and 
15.30 	ending 12 months from the last day of the month in which the data was received, except 
15.31 	that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may 
15.32 	use all data collected under this section for the purposes of administering, operating, 
15.33 	and maintaining the prescription monitoring program and conducting trend analyses 
15.34 	and other studies necessary to evaluate the effectiveness of the program. Data retained 
15.35 	beyond 12 months must be de-identified.
16.1 	(e) The board may retain data reported under subdivision 4 for up to three years 
16.2 	from the date the data was received. The board must destroy the data by the end of the 
16.3 	three-year period. 
16.4 		Subd. 6.Access to reporting system data. (a) Except as indicated in this 
16.5 	subdivision, the data submitted to the board under subdivision 4 is private data on 
16.6 	individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
16.7 	(b) Except as specified in subdivision 5, the following persons shall be considered 
16.8 	permissible users and may access the data submitted under subdivision 4 in the same or 
16.9 	similar manner, and for the same or similar purposes, as those persons who are authorized 
16.10 	to access similar private data on individuals under federal and state law:
16.11 	(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 
16.12 	delegated the task of accessing the data, to the extent the information relates specifically to 
16.13 	a current patient, to whom the prescriber is:
16.14 	(i) prescribing or considering prescribing any controlled substance;
16.15 	(ii) providing emergency medical treatment for which access to the data may be 
16.16 	necessary; or
16.17 	(iii) providing other medical treatment for which access to the data may be necessary 
16.18 	and the patient has consented to access to the submitted data, and with the provision that 
16.19 	the prescriber remains responsible for the use or misuse of data accessed by a delegated 
16.20 	agent or employee;
16.21 	(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 
16.22 	delegated the task of accessing the data, to the extent the information relates specifically 
16.23 	to a current patient to whom that dispenser is dispensing or considering dispensing any 
16.24 	controlled substance and with the provision that the dispenser remains responsible for the 
16.25 	use or misuse of data accessed by a delegated agent or employee;
16.26 	(3) an individual who is the recipient of a controlled substance prescription for 
16.27 	which data was submitted under subdivision 4, or a guardian of the individual, parent or 
16.28 	guardian of a minor, or health care agent of the individual acting under a health care 
16.29 	directive under chapter 145C;
16.30 	(4) personnel of the board specifically assigned to conduct a bona fide investigation 
16.31 	of a specific licensee;
16.32 	(5) personnel of the board engaged in the collection, review, and analysis
16.33 	 of controlled substance prescription information as part of the assigned duties and 
16.34 	responsibilities under this section;
16.35 	(6) authorized personnel of a vendor under contract with the boardstate of 
16.36 	Minnesota who are engaged in the design, implementation, operation, and maintenance of 
17.1 	the electronic reporting systemprescription monitoring program as part of the assigned 
17.2 	duties and responsibilities of their employment, provided that access to data is limited to 
17.3 	the minimum amount necessary to carry out such duties and responsibilities, and subject 
17.4 	to the requirements related to the de-identification, retention, and destruction of data 
17.5 	specified in subdivision 5, paragraphs (d) and (e);
17.6 	(7) federal, state, and local law enforcement authorities acting pursuant to a valid 
17.7 	search warrant;
17.8 	(8) personnel of the medical assistance programMinnesota health care programs 
17.9 	assigned to use the data collected under this section to identify recipients whose usage of 
17.10 	controlled substances may warrant restriction to a single primary care physician provider, 
17.11 	a single outpatient pharmacy, or and a single hospital; and
17.12 	(9) personnel of the Department of Human Services assigned to access the data 
17.13 	pursuant to paragraph (h); and
17.14 	(10) personnel of the health professionals services program established under section 
17.15 	214.31, to the extent that the information relates specifically to an individual who is 
17.16 	currently enrolled in and being monitored by the program, and the individual consents to 
17.17 	access to that information. The health professionals services program personnel shall not 
17.18 	provide this data to a health-related licensing board or the Emergency Medical Services 
17.19 	Regulatory Board, except as permitted under section 214.33, subdivision 3.
17.20 	For purposes of clause (3) (4), access by an individual includes persons in the 
17.21 	definition of an individual under section 13.02.
17.22 	(c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (5), (6), 
17.23 	and (8) may directly accesses access the data electronically,. If the data is directly accessed 
17.24 	electronically, the permissible user shall implement and maintain a comprehensive 
17.25 	information security program that contains administrative, technical, and physical 
17.26 	safeguards that are appropriate to the user's size and complexity, and the sensitivity of the 
17.27 	personal information obtained. The permissible user shall identify reasonably foreseeable 
17.28 	internal and external risks to the security, confidentiality, and integrity of personal 
17.29 	information that could result in the unauthorized disclosure, misuse, or other compromise 
17.30 	of the information and assess the sufficiency of any safeguards in place to control the risks.
17.31 	(d) The board shall not release data submitted under this sectionsubdivision 4 unless 
17.32 	it is provided with evidence, satisfactory to the board, that the person requesting the 
17.33 	information is entitled to receive the data.
17.34 	(e) The board shall not release the name of a prescriber without the written consent 
17.35 	of the prescriber or a valid search warrant or court order. The board shall provide a 
18.1 	mechanism for a prescriber to submit to the board a signed consent authorizing the release 
18.2 	of the prescriber's name when data containing the prescriber's name is requested.
18.3 	(f) (e) The board shall maintain a log of all persons who access the data for a period 
18.4 	of at least three years and shall ensure that any permissible user complies with paragraph 
18.5 	(c) prior to attaining direct access to the data.
18.6 	(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into 
18.7 	pursuant to subdivision 2. A vendor shall not use data collected under this section for 
18.8 	any purpose not specified in this section.
18.9 	(h) (g) With available appropriations, the commissioner of human services shall 
18.10 	establish and implement a system through which the Department of Human Services shall 
18.11 	routinely access the data for the purpose of determining whether any client enrolled in 
18.12 	an opioid treatment program licensed according to chapter 245A has been prescribed or 
18.13 	dispensed a controlled substance in addition to that administered or dispensed by the 
18.14 	opioid treatment program. When the commissioner determines there have been multiple 
18.15 	prescribers or multiple prescriptions of controlled substances, the commissioner shall:
18.16 	(1) inform the medical director of the opioid treatment program only that the 
18.17 	commissioner determined the existence of multiple prescribers or multiple prescriptions of 
18.18 	controlled substances; and
18.19 	(2) direct the medical director of the opioid treatment program to access the data 
18.20 	directly, review the effect of the multiple prescribers or multiple prescriptions, and 
18.21 	document the review.
18.22 	If determined necessary, the commissioner of human services shall seek a federal waiver 
18.23 	of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part 
18.24 	2.34, item (c), prior to implementing this paragraph.
18.25 		Subd. 7.Disciplinary action. (a) A dispenser who knowingly fails to submit data to 
18.26 	the board as required under this section is subject to disciplinary action by the appropriate 
18.27 	health-related licensing board.
18.28 	(b) A prescriber or dispenser authorized to access the data who knowingly discloses 
18.29 	the data in violation of state or federal laws relating to the privacy of health care data 
18.30 	shall be subject to disciplinary action by the appropriate health-related licensing board, 
18.31 	and appropriate civil penalties.
18.32 		Subd. 8.Evaluation and reporting. (a) The board shall evaluate the prescription 
18.33 	electronic reporting system to determine if the system is negatively impacting appropriate 
18.34 	prescribing practices of controlled substances. The board may contract with a vendor to 
18.35 	design and conduct the evaluation.
19.1 	(b) The board shall submit the evaluation of the system to the legislature by July 
19.2 	15, 2011.
19.3 		Subd. 9.Immunity from liability; no requirement to obtain information. (a) A 
19.4 	pharmacist, prescriber, or other dispenser making a report to the program in good faith 
19.5 	under this section is immune from any civil, criminal, or administrative liability, which 
19.6 	might otherwise be incurred or imposed as a result of the report, or on the basis that the 
19.7 	pharmacist or prescriber did or did not seek or obtain or use information from the program.
19.8 	(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 
19.9 	to obtain information about a patient from the program, and the pharmacist, prescriber, 
19.10 	or other dispenser, if acting in good faith, is immune from any civil, criminal, or 
19.11 	administrative liability that might otherwise be incurred or imposed for requesting, 
19.12 	receiving, or using information from the program.
19.13 		Subd. 10.Funding. (a) The board may seek grants and private funds from nonprofit 
19.14 	charitable foundations, the federal government, and other sources to fund the enhancement 
19.15 	and ongoing operations of the prescription electronic reporting system monitoring 
19.16 	program established under this section. Any funds received shall be appropriated to the 
19.17 	board for this purpose. The board may not expend funds to enhance the program in a way 
19.18 	that conflicts with this section without seeking approval from the legislature.
19.19 	(b) Notwithstanding any other section, the administrative services unit for the 
19.20 	health-related licensing boards shall apportion between the Board of Medical Practice, the 
19.21 	Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of 
19.22 	Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to 
19.23 	be paid through fees by each respective board. The amount apportioned to each board 
19.24 	shall equal each board's share of the annual appropriation to the Board of Pharmacy 
19.25 	from the state government special revenue fund for operating the prescription electronic 
19.26 	reporting systemmonitoring program under this section. Each board's apportioned share 
19.27 	shall be based on the number of prescribers or dispensers that each board identified in 
19.28 	this paragraph licenses as a percentage of the total number of prescribers and dispensers 
19.29 	licensed collectively by these boards. Each respective board may adjust the fees that the 
19.30 	boards are required to collect to compensate for the amount apportioned to each board by 
19.31 	the administrative services unit.

19.32 	Sec. 6. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
19.33 		Subdivision 1.Definitions; opiate antagonist. For purposes of this section, "opiate 
19.34 	antagonist" means naloxone hydrochloride or any similarly acting drug approved by the 
19.35 	federal Food and Drug Administration for the treatment of a drug overdose.
20.1 		Subd. 2.Authority to possess and administer opiate antagonists; release from 
20.2 	liability. (a) A person who is not a health care professional may possess or administer 
20.3 	an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health 
20.4 	care professional pursuant to subdivision 3.
20.5 	(b) A person who is not a health care professional who acts in good faith in 
20.6 	administering an opiate antagonist to another person whom the person believes in good 
20.7 	faith to be suffering a drug overdose is immune from criminal prosecution for the act and 
20.8 	is not liable for any civil damages for acts or omissions resulting from the act.
20.9 		Subd. 3.Health care professionals; release from liability. A licensed health care 
20.10 	professional who is permitted by law to prescribe an opiate antagonist, if acting in good 
20.11 	faith, may directly or by standing order prescribe, dispense, distribute, or administer an 
20.12 	opiate antagonist to a person without being subject to civil liability or criminal prosecution 
20.13 	for the act. This immunity applies even when the opiate antagonist is eventually 
20.14 	administered in either or both of the following instances: (1) by someone other than the 
20.15 	person to whom it is prescribed; or (2) to someone other than the person to whom it is 
20.16 	prescribed. This subdivision does not apply if the licensed health care professional is 
20.17 	acting during the course of regular employment and receiving compensation or expecting 
20.18 	to receive compensation for those actions.

20.19 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to 
20.20 	actions arising from incidents occurring on or after that date.

20.21 	Sec. 7. [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
20.22 		Subdivision 1.Person seeking medical assistance; immunity from prosecution.
 20.23 	A person acting in good faith who seeks medical assistance for another person who is 
20.24 	experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or 
20.25 	have that person's property subject to civil forfeiture for the possession, sharing, or use 
20.26 	of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial 
20.27 	release, probation, furlough, supervised release, or parole. A person qualifies for the 
20.28 	immunities provided in this subdivision only if: (1) the evidence for the arrest, charge, 
20.29 	prosecution, seizure, or penalty was obtained as a result of the person's seeking medical 
20.30 	assistance for another person; and (2) the person seeks medical assistance for another 
20.31 	person who is in need of medical assistance for an immediate health or safety concern, 
20.32 	provided that the person who seeks the medical assistance is the first person to seek the 
20.33 	assistance, provides the person's name and contact information, remains on the scene until 
20.34 	assistance arrives and is provided, and cooperates with the authorities.
21.1 		Subd. 2.Person experiencing an overdose; immunity from prosecution. A 
21.2 	person who experiences a drug overdose and is in need of medical assistance may not be 
21.3 	arrested, charged, prosecuted, or penalized, or have that person's property subject to civil 
21.4 	forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2) 
21.5 	a violation of a condition of pretrial release, probation, furlough, supervised release, or 
21.6 	parole. A person qualifies for the immunities provided in this subdivision only if the 
21.7 	evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result 
21.8 	of the drug overdose and the need for medical assistance.
21.9 		Subd. 3.Effect on other criminal prosecutions. (a) The immunity provisions of 
21.10 	this section do not preclude prosecution of the person on the basis of evidence obtained 
21.11 	from an independent source.
21.12 	(b) The act of providing first aid or other medical assistance to someone who is 
21.13 	experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution 
21.14 	for which immunity is not provided.

21.15 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to 
21.16 	actions arising from incidents occurring on or after that date.

21.17 	Sec. 8. CITATION.
 21.18 	Sections 6 and 7 may be known and cited as "Steve's Law."

21.19 	Sec. 9. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM 
21.20 	DATABASE.
 21.21 	The Board of Pharmacy, in collaboration with the Prescription Monitoring Program 
21.22 	Advisory Task Force, shall report to the chairs and ranking minority members of the house 
21.23 	of representatives and senate committees and divisions with jurisdiction over health and 
21.24 	human services policy and finance, by December 15, 2014, with:
21.25 	(1) recommendations on whether or not to require the use of the prescription 
21.26 	monitoring program database by prescribers when prescribing or considering prescribing, 
21.27 	and pharmacists when dispensing or considering dispensing, a controlled substance as 
21.28 	defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
21.29 	(2) an analysis of the impact of the prescription monitoring program on rates of 
21.30 	chemical abuse and prescription drug abuse; and
21.31 	(3) recommendations on approaches to encourage access to appropriate treatment 
21.32 	for prescription drug abuse, through the prescription monitoring program.

22.1 	ARTICLE 3
22.2 	CHEMICAL AND MENTAL HEALTH SERVICES

22.3 	Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to 
22.4 	read:
22.5 		Subd. 6a.Adult foster care homes serving people with mental illness; 
22.6 	certification. (a) The commissioner of human services shall issue a mental health 
22.7 	certification for adult foster care homes licensed under this chapter and Minnesota Rules, 
22.8 	parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental 
22.9 	illness where the home is not the primary residence of the license holder when a provider 
22.10 	is determined to have met the requirements under paragraph (b). This certification is 
22.11 	voluntary for license holders. The certification shall be printed on the license, and 
22.12 	identified on the commissioner's public Web site.
22.13 	(b) The requirements for certification are:
22.14 	(1) all staff working in the adult foster care home have received at least seven hours 
22.15 	of annual training under paragraph (c) covering all of the following topics:
22.16 	(i) mental health diagnoses;
22.17 	(ii) mental health crisis response and de-escalation techniques;
22.18 	(iii) recovery from mental illness;
22.19 	(iv) treatment options including evidence-based practices;
22.20 	(v) medications and their side effects;
22.21 	(vi)  suicide intervention, identifying suicide warning signs, and appropriate 
22.22 	responses;
22.23 	(vii) co-occurring substance abuse and health conditions; and
22.24 	(vii) (viii) community resources;
22.25 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or 
22.26 	a mental health practitioner as defined in section 245.462, subdivision 17, are available 
22.27 	for consultation and assistance;
22.28 	(3) there is a plan and protocol in place to address a mental health crisis; and
22.29 	(4) there is a crisis plan for each individual's Individual Placement Agreement
22.30 	 individual that identifies who is providing clinical services and their contact information, 
22.31 	and includes an individual crisis prevention and management plan developed with the 
22.32 	individual.
22.33 	(c) The training curriculum must be approved by the commissioner of human 
22.34 	services and must include a testing component after training is completed. Training must 
22.35 	be provided by a mental health professional or a mental health practitioner. Training may 
23.1 	also be provided by an individual living with a mental illness or a family member of such 
23.2 	an individual, who is from a nonprofit organization with a history of providing educational 
23.3 	classes on mental illnesses approved by the Department of Human Services to deliver 
23.4 	mental health training. Staff must receive three hours of training in the areas specified in 
23.5 	paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The 
23.6 	remaining hours of mandatory training, including a review of the information in paragraph 
23.7 	(b), clause (1), item (ii), must be completed within six months of the hire date. For 
23.8 	programs licensed under chapter 245D, training under this chapter may be incorporated 
23.9 	into the 30 hours of staff orientation training required under section 245D.09, subdivision 4.
23.10 	(c)(d) License holders seeking certification under this subdivision must request 
23.11 	this certification on forms provided by the commissioner and must submit the request to 
23.12 	the county licensing agency in which the home is located. The county licensing agency 
23.13 	must forward the request to the commissioner with a county recommendation regarding 
23.14 	whether the commissioner should issue the certification.
23.15 	(d)(e) Ongoing compliance with the certification requirements under paragraph (b) 
23.16 	shall be reviewed by the county licensing agency at each licensing review. When a county 
23.17 	licensing agency determines that the requirements of paragraph (b) are not met, the county 
23.18 	shall inform the commissioner, and the commissioner will remove the certification.
23.19 	(e)(f) A denial of the certification or the removal of the certification based on a 
23.20 	determination that the requirements under paragraph (b) have not been met by the adult 
23.21 	foster care license holder are not subject to appeal. A license holder that has been denied a 
23.22 	certification or that has had a certification removed may again request certification when 
23.23 	the license holder is in compliance with the requirements of paragraph (b).

23.24 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
23.25 	245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
23.26 	(a) The commissioner of human services shall issue a mental health certification 
23.27 	for services licensed under this chapter when a license holder is determined to have met 
23.28 	the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification 
23.29 	is voluntary for license holders. The certification shall be printed on the license and 
23.30 	identified on the commissioner's public Web site.
23.31 	(b) The requirements for certification are:
23.32 	(1) all staff have received at least seven hours of annual training covering all of 
23.33 	the following topics:
23.34 	(i) mental health diagnoses;
23.35 	(ii) mental health crisis response and de-escalation techniques;
24.1 	(iii) recovery from mental illness;
24.2 	(iv) treatment options, including evidence-based practices;
24.3 	(v) medications and their side effects;
24.4 	(vi) co-occurring substance abuse and health conditions; and
24.5 	(vii) community resources;
24.6 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or a 
24.7 	mental health practitioner as defined in section 245.462, subdivision 17, is available 
24.8 	for consultation and assistance;
24.9 	(3) there is a plan and protocol in place to address a mental health crisis; and
24.10 	(4) each person's individual service and support plan identifies who is providing 
24.11 	clinical services and their contact information, and includes an individual crisis prevention 
24.12 	and management plan developed with the person.
24.13 	(c) License holders seeking certification under this section must request this 
24.14 	certification on forms and in the manner prescribed by the commissioner.
24.15 	(d) (c) If the commissioner finds that the license holder has failed to comply with 
24.16 	the certification requirements under section 245A.03, subdivision 6a, paragraph (b), 
24.17 	the commissioner may issue a correction order and an order of conditional license in 
24.18 	accordance with section 245A.06 or may issue a sanction in accordance with section 
24.19 	245A.07, including and up to removal of the certification.
24.20 	(e) (d) A denial of the certification or the removal of the certification based on a 
24.21 	determination that the requirements under section 245A.03, subdivision 6a, paragraph 
24.22 	(b) have not been met is not subject to appeal. A license holder that has been denied a 
24.23 	certification or that has had a certification removed may again request certification when 
24.24 	the license holder is in compliance with the requirements of section 245A.03, subdivision 
24.25 	6a, paragraph (b).

24.26 	Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
24.27 		Subd. 2.Administration without judicial review. Neuroleptic medications may be 
24.28 	administered without judicial review in the following circumstances:
24.29 	(1) the patient has the capacity to make an informed decision under subdivision 4;
24.30 	(2) the patient does not have the present capacity to consent to the administration 
24.31 	of neuroleptic medication, but prepared a health care directive under chapter 145C or a 
24.32 	declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an 
24.33 	agent or proxy to request treatment, and the agent or proxy has requested the treatment;
24.34 	(3) the patient has been prescribed neuroleptic medication but lacks the capacity 
24.35 	to consent to the administration of that neuroleptic medication upon admission to the 
25.1 	treatment facility; continued administration of the medication is in the patient's best 
25.2 	interest; and the patient does not refuse administration of the medication. In this situation, 
25.3 	the previously prescribed neuroleptic medication may be continued for up to 14 days 
25.4 	while the treating physician:
25.5 	(i) is obtaining a substitute decision-maker appointed by the court under subdivision 
25.6 	6; or
25.7 	(ii) is requesting an amendment to a current court order authorizing administration 
25.8 	of neuroleptic medication;
25.9 	(4) a substitute decision-maker appointed by the court consents to the administration 
25.10 	of the neuroleptic medication and the patient does not refuse administration of the 
25.11 	medication; or
25.12 	(4) (5) the substitute decision-maker does not consent or the patient is refusing 
25.13 	medication, and the patient is in an emergency situation.

25.14 	Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 
25.15 	amended to read:
25.16 		Subd. 2.Membership terms, compensation, removal and expiration. The 
25.17 	membership of this council shall be composed of 17 persons who are American Indians 
25.18 	and who are appointed by the commissioner. The commissioner shall appoint one 
25.19 	representative from each of the following groups: Red Lake Band of Chippewa Indians; 
25.20 	Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 
25.21 	Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 
25.22 	Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
25.23 	Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 
25.24 	Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 
25.25 	Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 
25.26 	and two representatives from the Minneapolis Urban Indian Community and two from the 
25.27 	St. Paul Urban Indian Community. The terms, compensation, and removal of American 
25.28 	Indian Advisory Council members shall be as provided in section 15.059. The council 
25.29 	expires June 30, 2014 2018.

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

25.31 	Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
25.32 	254A.04 CITIZENS ADVISORY COUNCIL.
26.1 	There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 
26.2 	advise the Department of Human Services concerning the problems of alcohol and 
26.3 	other drug dependency and abuse, composed of ten members. Five members shall be 
26.4 	individuals whose interests or training are in the field of alcohol dependency and abuse; 
26.5 	and five members whose interests or training are in the field of dependency and abuse of 
26.6 	drugs other than alcohol. The terms, compensation and removal of members shall be as 
26.7 	provided in section 15.059. The council expires June 30, 2014 2018. The commissioner 
26.8 	of human services shall appoint members whose terms end in even-numbered years. The 
26.9 	commissioner of health shall appoint members whose terms end in odd-numbered years.

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

26.11 	Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision 
26.12 	to read:
26.13 		Subd. 8.Culturally specific program. (a) "Culturally specific program" means a 
26.14 	substance use disorder treatment service program that is recovery-focused and culturally 
26.15 	specific when the program:
26.16 	(1) improves service quality to and outcomes of a specific population by advancing 
26.17 	health equity to help eliminate health disparities; and
26.18 	(2) ensures effective, equitable, comprehensive, and respectful quality care services 
26.19 	that are responsive to an individual within a specific population's values, beliefs and 
26.20 	practices, health literacy, preferred language, and other communication needs.
26.21 	(b) A tribally licensed substance use disorder program that is designated as serving 
26.22 	a culturally specific population by the applicable tribal government is deemed to satisfy 
26.23 	this subdivision.

26.24 	Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
26.25 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for 
26.26 	chemical dependency services and service enhancements funded under this chapter.
26.27 	(b) Eligible chemical dependency treatment services include:
26.28 	(1) outpatient treatment services that are licensed according to Minnesota Rules, 
26.29 	parts 9530.6405 to 9530.6480, or applicable tribal license;
26.30 	(2) medication-assisted therapy services that are licensed according to Minnesota 
26.31 	Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
26.32 	(3) medication-assisted therapy plus enhanced treatment services that meet the 
26.33 	requirements of clause (2) and provide nine hours of clinical services each week;
27.1 	(4) high, medium, and low intensity residential treatment services that are licensed 
27.2 	according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 
27.3 	tribal license which provide, respectively, 30, 15, and five hours of clinical services each 
27.4 	week;
27.5 	(5) hospital-based treatment services that are licensed according to Minnesota Rules, 
27.6 	parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 
27.7 	sections 144.50 to 144.56;
27.8 	(6) adolescent treatment programs that are licensed as outpatient treatment programs 
27.9 	according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 
27.10 	programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
27.11 	(7) room and board facilities that meet the requirements of section 254B.05, 
27.12 	subdivision 1a.
27.13 	(c) The commissioner shall establish higher rates for programs that meet the 
27.14 	requirements of paragraph (b) and the following additional requirements:
27.15 	(1) programs that serve parents with their children if the program meets the 
27.16 	additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child 
27.17 	care that meets the requirements of section 245A.03, subdivision 2, during hours of 
27.18 	treatment activity;
27.19 	(2) culturally specific programs serving special populations as defined in section 
27.20 	254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part 
27.21 	9530.6605, subpart 13;
27.22 	(3) programs that offer medical services delivered by appropriately credentialed 
27.23 	health care staff in an amount equal to two hours per client per week; and
27.24 	(4) programs that offer services to individuals with co-occurring mental health and 
27.25 	chemical dependency problems if:
27.26 	(i) the program meets the co-occurring requirements in Minnesota Rules, part 
27.27 	9530.6495;
27.28 	(ii) 25 percent of the counseling staff are mental health professionals, as defined in 
27.29 	section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 
27.30 	under the supervision of a licensed alcohol and drug counselor supervisor and licensed 
27.31 	mental health professional, except that no more than 50 percent of the mental health staff 
27.32 	may be students or licensing candidates;
27.33 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
27.34 	health diagnostic assessment within ten days of admission;
27.35 	(iv) the program has standards for multidisciplinary case review that include a 
27.36 	monthly review for each client;
28.1 	(v) family education is offered that addresses mental health and substance abuse 
28.2 	disorders and the interaction between the two; and
28.3 	(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 
28.4 	training annually.
28.5 	(d) Adolescent residential programs that meet the requirements of Minnesota Rules, 
28.6 	parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause 
28.7 	(4), items (i) to (iv).

28.8 	Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is 
28.9 	amended to read:
28.10 		Subd. 2.Expiration. Notwithstanding section 15.059, subdivision 5, the American 
28.11 	Indian Child Welfare Advisory Council expires June 30, 2014 2018.

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

28.13 	Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
28.14 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services 
28.15 	agency shall establish a juvenile treatment screening team to conduct screenings and 
28.16 	prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision 
28.17 	3. Screenings shall be conducted within 15 days of a request for a screening, unless 
28.18 	the screening is for the purpose of placement in mental health residential treatment 
28.19 	and the child is enrolled in a prepaid health program under section 256B.69 in which 
28.20 	case the screening shall be conducted within ten working days of a request. The team, 
28.21 	which may be the team constituted under section 245.4885 or 256B.092 or Minnesota 
28.22 	Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice 
28.23 	professionals, persons with expertise in the treatment of juveniles who are emotionally 
28.24 	disabled, chemically dependent, or have a developmental disability, and the child's parent, 
28.25 	guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201, 
28.26 	subdivision 11, or section 260C.515, subdivision 4. The team may be the same team as 
28.27 	defined in section 260B.157, subdivision 3.
28.28 	(b) The social services agency shall determine whether a child brought to its 
28.29 	attention for the purposes described in this section is an Indian child, as defined in section 
28.30 	260C.007, subdivision 21, and shall determine the identity of the Indian child's tribe, as 
28.31 	defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 
28.32 	the team provided in paragraph (a) shall include a designated representative of the Indian 
28.33 	child's tribe, unless the child's tribal authority declines to appoint a representative. The 
29.1 	Indian child's tribe may delegate its authority to represent the child to any other federally 
29.2 	recognized Indian tribe, as defined in section 260.755, subdivision 12.
29.3 	(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
29.4 	(1) for the primary purpose of treatment for an emotional disturbance, a 
29.5 	developmental disability, or chemical dependency in a residential treatment facility out 
29.6 	of state or in one which is within the state and licensed by the commissioner of human 
29.7 	services under chapter 245A; or
29.8 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
29.9 	postdispositional placement in a facility licensed by the commissioner of corrections or 
29.10 	human services, the court shall ascertain whether the child is an Indian child and shall 
29.11 	notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 
29.12 	child's tribe. The county's juvenile treatment screening team must either: (i) screen and 
29.13 	evaluate the child and file its recommendations with the court within 14 days of receipt 
29.14 	of the notice; or (ii) elect not to screen a given case and notify the court of that decision 
29.15 	within three working days.
29.16 	(d) The child may not be placed for the primary purpose of treatment for an 
29.17 	emotional disturbance, a developmental disability, or chemical dependency, in a residential 
29.18 	treatment facility out of state nor in a residential treatment facility within the state that is 
29.19 	licensed under chapter 245A, unless one of the following conditions applies:
29.20 	(1) a treatment professional certifies that an emergency requires the placement 
29.21 	of the child in a facility within the state;
29.22 	(2) the screening team has evaluated the child and recommended that a residential 
29.23 	placement is necessary to meet the child's treatment needs and the safety needs of the 
29.24 	community, that it is a cost-effective means of meeting the treatment needs, and that it 
29.25 	will be of therapeutic value to the child; or
29.26 	(3) the court, having reviewed a screening team recommendation against placement, 
29.27 	determines to the contrary that a residential placement is necessary. The court shall state 
29.28 	the reasons for its determination in writing, on the record, and shall respond specifically 
29.29 	to the findings and recommendation of the screening team in explaining why the 
29.30 	recommendation was rejected. The attorney representing the child and the prosecuting 
29.31 	attorney shall be afforded an opportunity to be heard on the matter.
29.32 	(e) When the county's juvenile treatment screening team has elected to screen and 
29.33 	evaluate a child determined to be an Indian child, the team shall provide notice to the 
29.34 	tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 
29.35 	member of the tribe or as a person eligible for membership in the tribe, and permit the 
29.36 	tribe's representative to participate in the screening team.
30.1 	(f) When the Indian child's tribe or tribal health care services provider or Indian 
30.2 	Health Services provider proposes to place a child for the primary purpose of treatment 
30.3 	for an emotional disturbance, a developmental disability, or co-occurring emotional 
30.4 	disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 
30.5 	the child's tribe shall submit necessary documentation to the county juvenile treatment 
30.6 	screening team, which must invite the Indian child's tribe to designate a representative to 
30.7 	the screening team.

30.8 	Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO 
30.9 	COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS 
30.10 	COMMITTED TO COMMISSIONER.
 30.11 	The commissioner of human services may create a pilot program that is designed to 
30.12 	respond to issues that were raised in the February 2013 Office of the Legislative Auditor 
30.13 	report on state-operated services. The pilot program may include no more than three 
30.14 	counties to test the efficacy of providing notice and information to the commissioner prior 
30.15 	to or when a petition is filed to commit a patient exclusively to the commissioner. The 
30.16 	commissioner shall provide a status update to the chairs and ranking minority members of 
30.17 	the legislative committees with jurisdiction over civil commitment and human services 
30.18 	issues, no later than January 15, 2015.

30.19 	ARTICLE 4
30.20 	HEALTH-RELATED LICENSING BOARDS

30.21 	Section 1. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
30.22 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10:
30.23 	(1) "chiropractic" is defined as the science of adjusting any abnormal articulations 
30.24 	of the human body, especially those of the spinal column, for the purpose of giving 
30.25 	freedom of action to impinged nerves that may cause pain or deranged function; and
30.26 	 means the health care discipline that recognizes the innate recuperative power of the body 
30.27 	to heal itself without the use of drugs or surgery by identifying and caring for vertebral 
30.28 	subluxations and other abnormal articulations by emphasizing the relationship between 
30.29 	structure and function as coordinated by the nervous system and how that relationship 
30.30 	affects the preservation and restoration of health;
30.31 	(2) "chiropractic services" means the evaluation and facilitation of structural, 
30.32 	biomechanical, and neurological function and integrity through the use of adjustment, 
30.33 	manipulation, mobilization, or other procedures accomplished by manual or mechanical 
30.34 	forces applied to bones or joints and their related soft tissues for correction of vertebral 
31.1 	subluxation, other abnormal articulations, neurological disturbances, structural alterations, 
31.2 	or biomechanical alterations, and includes, but is not limited to, manual therapy and 
31.3 	mechanical therapy as defined in section 146.23;
31.4 	(3) "abnormal articulation" means the condition of opposing bony joint surfaces and 
31.5 	their related soft tissues that do not function normally, including subluxation, fixation, 
31.6 	adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or 
31.7 	disturbances within the nervous system, results in postural alteration, inhibits motion, 
31.8 	allows excessive motion, alters direction of motion, or results in loss of axial loading 
31.9 	efficiency, or a combination of these;
31.10 	(4) "diagnosis" means the physical, clinical, and laboratory examination of the 
31.11 	patient, and the use of diagnostic services for diagnostic purposes within the scope of the 
31.12 	practice of  chiropractic described in sections 148.01 to 148.10;
31.13 	(5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic 
31.14 	measures, including diagnostic imaging  that may be necessary to determine the presence 
31.15 	or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for 
31.16 	evaluation of a health concern, diagnosis, differential diagnosis, treatment, further 
31.17 	examination, or referral;
31.18 	(6) "therapeutic services" means rehabilitative therapy as defined in Minnesota 
31.19 	Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive 
31.20 	sciences and procedures for which the licensee was subject to examination under section 
31.21 	148.06. When provided, therapeutic services must be performed within a practice 
31.22 	where the primary focus is the provision of chiropractic services, to prepare the patient 
31.23 	for chiropractic services, or to complement the provision of chiropractic services. The 
31.24 	administration of therapeutic services is the responsibility of the treating chiropractor and 
31.25 	must be rendered under the direct supervision of qualified staff;
31.26 	(7) "acupuncture" means a modality of treating abnormal physical conditions 
31.27 	by stimulating various points of the body or interruption of the cutaneous integrity 
31.28 	by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as 
31.29 	utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an 
31.30 	independent therapy or separately from chiropractic services. Acupuncture is permitted 
31.31 	under section 148.01 only after registration with the board which requires completion 
31.32 	of a board-approved course of study and successful completion of a board-approved 
31.33 	national examination on acupuncture. Renewal of registration shall require completion of 
31.34 	board-approved continuing education requirements in acupuncture. The restrictions of 
31.35 	section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture 
31.36 	under this section; and
32.1 	(2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes 
32.2 	identifying and resolving vertebral subluxation complexes, spinal manipulation, and 
32.3 	manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 
32.4 	diagnosis and treatment does not include:
32.5 	(i) performing surgery;
32.6 	(ii) dispensing or administering of medications; or
32.7 	(iii) performing traditional veterinary care and diagnosis.

32.8 	Sec. 2. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
32.9 		Subd. 2.Exclusions. The practice of chiropractic is not the practice of medicine, 
32.10 	surgery, or osteopathy, or physical therapy.

32.11 	Sec. 3. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision 
32.12 	to read:
32.13 		Subd. 4.Practice of chiropractic. An individual licensed to practice under section 
32.14 	148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services, 
32.15 	and to provide diagnosis and to render opinions pertaining to those services for the 
32.16 	purpose of determining a course of action in the best interests of the patient, such as a 
32.17 	treatment plan, appropriate referral, or both.

32.18 	Sec. 4. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
32.19 		Subdivision 1.Generally. Any person who practices, or attempts to practice, 
32.20 	chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," 
32.21 	"Chiropractor," "DC," or any other title or letters under any circumstances as to lead 
32.22 	the public to believe that the person who so uses the terms is engaged in the practice of 
32.23 	chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is 
32.24 	guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more 
32.25 	than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than 
32.26 	six months or punished by both fine and imprisonment, in the discretion of the court. It is 
32.27 	the duty of the county attorney of the county in which the person practices to prosecute. 
32.28 	Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
32.29 	(1) licensed by a health-related licensing board, as defined in section 214.01, 
32.30 	subdivision 2, including psychological practitioners with respect to the use of hypnosis;
32.31 	(2) registered or licensed by the commissioner of health under section 214.13; or
32.32 	(3) engaged in other methods of healing regulated by law in the state of Minnesota;
33.1 	provided that the person confines activities within the scope of the license or other 
33.2 	regulation and does not practice or attempt to practice chiropractic.

33.3 	Sec. 5. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
33.4 		Subd. 17.Physical agent modalities. "Physical agent modalities" mean modalities 
33.5 	that use the properties of light, water, temperature, sound, or electricity to produce a 
33.6 	response in soft tissue. The physical agent modalities referred to in sections 148.6404
33.7 	 and 148.6440 are superficial physical agent modalities, electrical stimulation devices, 
33.8 	and ultrasound.

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

33.10 	Sec. 6. Minnesota Statutes 2012, section 148.6404, is amended to read:
33.11 	148.6404 SCOPE OF PRACTICE.
33.12 	The practice of occupational therapy by an occupational therapist or occupational 
33.13 	therapy assistant includes, but is not limited to, intervention directed toward:
33.14 	(1) assessment and evaluation, including the use of skilled observation or 
33.15 	the administration and interpretation of standardized or nonstandardized tests and 
33.16 	measurements, to identify areas for occupational therapy services;
33.17 	(2) providing for the development of sensory integrative, neuromuscular, or motor 
33.18 	components of performance;
33.19 	(3) providing for the development of emotional, motivational, cognitive, or 
33.20 	psychosocial components of performance;
33.21 	(4) developing daily living skills;
33.22 	(5) developing feeding and swallowing skills;
33.23 	(6) developing play skills and leisure capacities;
33.24 	(7) enhancing educational performance skills;
33.25 	(8) enhancing functional performance and work readiness through exercise, range of 
33.26 	motion, and use of ergonomic principles;
33.27 	(9) designing, fabricating, or applying rehabilitative technology, such as selected 
33.28 	orthotic and prosthetic devices, and providing training in the functional use of these devices;
33.29 	(10) designing, fabricating, or adapting assistive technology and providing training 
33.30 	in the functional use of assistive devices;
33.31 	(11) adapting environments using assistive technology such as environmental 
33.32 	controls, wheelchair modifications, and positioning;
34.1 	(12) employing physical agent modalities, in preparation for or as an adjunct to 
34.2 	purposeful activity, within the same treatment session or to meet established functional 
34.3 	occupational therapy goals, consistent with the requirements of section 148.6440; and
34.4 	(13) promoting health and wellness.

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

34.6 	Sec. 7. Minnesota Statutes 2012, section 148.6430, is amended to read:
34.7 	148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
34.8 	The occupational therapist is responsible for all duties delegated to the occupational 
34.9 	therapy assistant or tasks assigned to direct service personnel. The occupational therapist 
34.10 	may delegate to an occupational therapy assistant those portions of a client's evaluation, 
34.11 	reevaluation, and treatment that, according to prevailing practice standards of the 
34.12 	American Occupational Therapy Association, can be performed by an occupational 
34.13 	therapy assistant. The occupational therapist may not delegate portions of an evaluation or 
34.14 	reevaluation of a person whose condition is changing rapidly. Delegation of duties related 
34.15 	to use of physical agent modalities to occupational therapy assistants is governed by 
34.16 	section 148.6440, subdivision 6.

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

34.18 	Sec. 8. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
34.19 		Subdivision 1.Applicability. If the professional standards identified in section 
34.20 	148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or 
34.21 	treatment procedure, the occupational therapist must provide supervision consistent 
34.22 	with this section. Supervision of occupational therapy assistants using physical agent 
34.23 	modalities is governed by section 148.6440, subdivision 6.

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

34.25 	Sec. 9. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
34.26 		Subd. 3.Approved education program. "Approved education program" means 
34.27 	a university, college, or other postsecondary education program of athletic training 
34.28 	that, at the time the student completes the program, is approved or accredited by the 
34.29 	National Athletic Trainers Association Professional Education Committee, the National 
34.30 	Athletic Trainers Association Board of Certification, or the Joint Review Committee on 
34.31 	Educational Programs in Athletic Training in collaboration with the American Academy 
35.1 	of Family Physicians, the American Academy of Pediatrics, the American Medical 
35.2 	Association, and the National Athletic Trainers Association a nationally recognized 
35.3 	accreditation agency for athletic training education programs approved by the board.

35.4 	Sec. 10. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
35.5 		Subd. 9.Credentialing examination. "Credentialing examination" means an 
35.6 	examination administered by the National Athletic Trainers Association Board of 
35.7 	Certification, or the board's recognized successor, for credentialing as an athletic trainer, 
35.8 	or an examination for credentialing offered by a national testing service that is approved 
35.9 	by the board.

35.10 	Sec. 11. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
35.11 		Subdivision 1.Designation. A person shall not use in connection with the person's 
35.12 	name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota 
35.13 	registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations, 
35.14 	or insignia indicating or implying that the person is an athletic trainer, without a certificate 
35.15 	of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student 
35.16 	attending a college or university athletic training program must be identified as a "student 
35.17 	athletic trainer." an "athletic training student."

35.18 	Sec. 12. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
35.19 		Subdivision 1.Creation; Membership. The Athletic Trainers Advisory Council 
35.20 	is created and is composed of eight members appointed by the board. The advisory 
35.21 	council consists of:
35.22 	(1) two public members as defined in section 214.02;
35.23 	(2) three members who, except for initial appointees, are registered athletic trainers, 
35.24 	one being both a licensed physical therapist and registered athletic trainer as submitted by 
35.25 	the Minnesota American Physical Therapy Association;
35.26 	(3) two members who are medical physicians licensed by the state and have 
35.27 	experience with athletic training and sports medicine; and
35.28 	(4) one member who is a doctor of chiropractic licensed by the state and has 
35.29 	experience with athletic training and sports injuries.

35.30 	Sec. 13. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
35.31 		Subdivision 1.Registration. The board may issue a certificate of registration as an 
35.32 	athletic trainer to applicants who meet the requirements under this section. An applicant 
36.1 	for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 
36.2 	written application on a form, provided by the board, that includes:
36.3 	(1) the applicant's name, Social Security number, home address and telephone 
36.4 	number, business address and telephone number, and business setting;
36.5 	(2) evidence satisfactory to the board of the successful completion of an education 
36.6 	program approved by the board;
36.7 	(3) educational background;
36.8 	(4) proof of a baccalaureate or master's degree from an accredited college or 
36.9 	university;
36.10 	(5) credentials held in other jurisdictions;
36.11 	(6) a description of any other jurisdiction's refusal to credential the applicant;
36.12 	(7) a description of all professional disciplinary actions initiated against the applicant 
36.13 	in any other jurisdiction;
36.14 	(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
36.15 	(9) evidence satisfactory to the board of a qualifying score on a credentialing 
36.16 	examination within one year of the application for registration;
36.17 	(10) additional information as requested by the board;
36.18 	(11) the applicant's signature on a statement that the information in the application is 
36.19 	true and correct to the best of the applicant's knowledge and belief; and
36.20 	(12) the applicant's signature on a waiver authorizing the board to obtain access to 
36.21 	the applicant's records in this state or any other state in which the applicant has completed 
36.22 	an education program approved by the board or engaged in the practice of athletic training.

36.23 	Sec. 14. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
36.24 		Subd. 4.Temporary registration. (a) The board may issue a temporary registration 
36.25 	as an athletic trainer to qualified applicants. A temporary registration is issued for 
36.26 	one year 120 days. An athletic trainer with a temporary registration may qualify for 
36.27 	full registration after submission of verified documentation that the athletic trainer has 
36.28 	achieved a qualifying score on a credentialing examination within one year 120 days after 
36.29 	the date of the temporary registration. A temporary registration may not be renewed.
36.30 	(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for 
36.31 	a temporary registration must submit the application materials and fees for registration 
36.32 	required under subdivision 1, clauses (1) to (8) and (10) to (12).
36.33 	(c) An athletic trainer with a temporary registration shall work only under the 
36.34 	direct supervision of an athletic trainer registered under this section. No more than four
37.1 	 two athletic trainers with temporary registrations shall work under the direction of a 
37.2 	registered athletic trainer.

37.3 	Sec. 15. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
37.4 		Subd. 2.Approved programs. The board shall approve a continuing education 
37.5 	program that has been approved for continuing education credit by the National Athletic 
37.6 	Trainers Association Board of Certification, or the board's recognized successor.

37.7 	Sec. 16. Minnesota Statutes 2012, section 148.7813, is amended by adding a 
37.8 	subdivision to read:
37.9 		Subd. 5.Discipline; reporting. For the purposes of this chapter, registered athletic 
37.10 	trainers and applicants are subject to sections 147.091 to 147.162.

37.11 	Sec. 17. Minnesota Statutes 2012, section 148.7814, is amended to read:
37.12 	148.7814 APPLICABILITY.
37.13 	Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 
37.14 	trainers by the National Athletic Trainers Association Board of Certification or the board's 
37.15 	recognized successor and come into Minnesota for a specific athletic event or series of 
37.16 	athletic events with an individual or group.

37.17 	Sec. 18. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
37.18 		Subd. 2.Certified doula. "Certified doula" means an individual who has received 
37.19 	a certification to perform doula services from the International Childbirth Education 
37.20 	Association, the Doulas of North America (DONA), the Association of Labor Assistants 
37.21 	and Childbirth Educators (ALACE), the Birthworks, the Childbirth and Postpartum 
37.22 	Professional Association (CAPPA), the Childbirth International, or the International 
37.23 	Center for Traditional Childbearing, or the Birth Place/Common Childbirth, Inc.

37.24 	Sec. 19. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
37.25 		Subd. 2.Supervision. (a) To qualify as a LPCC, an applicant must have completed 
37.26 	4,000 hours of post-master's degree supervised professional practice in the delivery 
37.27 	of clinical services in the diagnosis and treatment of mental illnesses and disorders in 
37.28 	both children and adults. The supervised practice shall be conducted according to the 
37.29 	requirements in paragraphs (b) to (e).
37.30 	(b) The supervision must have been received under a contract that defines clinical 
37.31 	practice and supervision from a mental health professional as defined in section 245.462, 
38.1 	subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a 
38.2 	board-approved supervisor, who has at least two years of postlicensure experience in the 
38.3 	delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
38.4 	 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
38.5 	(c) The supervision must be obtained at the rate of two hours of supervision per 40 
38.6 	hours of professional practice. The supervision must be evenly distributed over the course 
38.7 	of the supervised professional practice. At least 75 percent of the required supervision 
38.8 	hours must be received in person. The remaining 25 percent of the required hours may be 
38.9 	received by telephone or by audio or audiovisual electronic device. At least 50 percent of 
38.10 	the required hours of supervision must be received on an individual basis. The remaining 
38.11 	50 percent may be received in a group setting.
38.12 	(d) The supervised practice must include at least 1,800 hours of clinical client contact.
38.13 	(e) The supervised practice must be clinical practice. Supervision includes the 
38.14 	observation by the supervisor of the successful application of professional counseling 
38.15 	knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 
38.16 	function, disability, or impairment, including addictions and emotional, mental, and 
38.17 	behavioral disorders.

38.18 	Sec. 20. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
38.19 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
38.20 	2014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed 
38.21 	professional counselor may convert to a LPCC by providing evidence satisfactory to the 
38.22 	board that the applicant has met the requirements of subdivisions 1 and 2, subject to 
38.23 	the following:
38.24 	(1) the individual's license must be active and in good standing;
38.25 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
38.26 	orders, or corrective action agreements; and
38.27 	(3) the individual has paid the LPCC application and licensure fees required in 
38.28 	section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed 
38.29 	in the state of Minnesota as a licensed professional counselor may convert to a LPCC by 
38.30 	providing evidence satisfactory to the board that the applicant has met the following 
38.31 	requirements:
38.32 	(1) is at least 18 years of age;
38.33 	(2) is of good moral character;
38.34 	(3) has a license that is active and in good standing;
39.1 	(4) has no complaints pending, uncompleted disciplinary order, or corrective action 
39.2 	agreements;
39.3 	(5) has completed a master's or doctoral degree program in counseling or a related 
39.4 	field, as determined by the board, and whose degree was from a counseling program 
39.5 	recognized by CACREP or from an institution of higher education that is accredited by a 
39.6 	regional accrediting organization recognized by CHEA;
39.7 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
39.8 	clinical coursework which includes content in the following clinical areas:
39.9 	(i) diagnostic assessment for child or adult mental disorders; normative development; 
39.10 	and psychopathology, including developmental psychopathology;
39.11 	(ii) clinical treatment planning with measurable goals;
39.12 	(iii) clinical intervention methods informed by research evidence and community 
39.13 	standards of practice;
39.14 	(iv) evaluation methodologies regarding the effectiveness of interventions;
39.15 	(v) professional ethics applied to clinical practice; and
39.16 	(vi) cultural diversity;
39.17 	(7) has demonstrated competence in professional counseling by passing the National 
39.18 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
39.19 	National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational 
39.20 	examinations as prescribed by the board;
39.21 	(8) has demonstrated, to the satisfaction of the board, successful completion of 4,000 
39.22 	hours of supervised, post-master's degree professional practice in the delivery of clinical 
39.23 	services in the diagnosis and treatment of child and adult mental illnesses and disorders, 
39.24 	which includes 1,800 direct client contact hours. A licensed professional counselor 
39.25 	who has completed 2,000 hours of supervised post-master's degree clinical professional 
39.26 	practice and who has independent practice status need only document 2,000 additional 
39.27 	hours of supervised post-master's degree clinical professional practice, which includes 900 
39.28 	direct client contact hours; and
39.29 	(9) has paid the LPCC application and licensure fees required in section 148B.53, 
39.30 	subdivision 3.
39.31 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
39.32 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
39.33 	for credit, and must be earned from a counseling program or institution that meets the 
39.34 	requirements in paragraph (a), clause (5).

39.35 	Sec. 21. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
40.1 		Subd. 8a.Resident dentist. "Resident dentist" means a person who is licensed to 
40.2 	practice dentistry as an enrolled graduate student or student of an advanced education 
40.3 	program accredited by the American Dental Association Commission on Dental 
40.4 	Accreditation.

40.5 	Sec. 22. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
40.6 		Subdivision 1.Dentists. A person of good moral character who has graduated from 
40.7 	a dental program accredited by the Commission on Dental Accreditation of the American 
40.8 	Dental Association, having submitted an application and fee as prescribed by the board, 
40.9 	may be examined by the board or by an agency pursuant to section 150A.03, subdivision 
40.10 	1, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental 
40.11 	college in another country must not be disqualified from examination solely because of 
40.12 	the applicant's foreign training if the board determines that the training is equivalent to or 
40.13 	higher than that provided by a dental college accredited by the Commission on Dental 
40.14 	Accreditation of the American Dental Association. In the case of examinations conducted 
40.15 	pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to 
40.16 	applying to the board for licensure. The examination shall include an examination of the 
40.17 	applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the 
40.18 	board. An applicant is ineligible to retake the clinical examination required by the board 
40.19 	after failing it twice until further education and training are obtained as specified by the 
40.20 	board by rule. A separate, nonrefundable fee may be charged for each time a person applies. 
40.21 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
40.22 	professional ethical conduct requirements, and meets all other requirements of the board 
40.23 	shall be licensed to practice dentistry and granted a general dentist license by the board.

40.24 	Sec. 23. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
40.25 		Subd. 1a.Faculty dentists. (a) Faculty members of a school of dentistry must be 
40.26 	licensed in order to practice dentistry as defined in section 150A.05. The board may 
40.27 	issue to members of the faculty of a school of dentistry a license designated as either a 
40.28 	"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry 
40.29 	within the terms described in paragraph (b) or (c). The dean of a school of dentistry and 
40.30 	program directors of a Minnesota dental hygiene or dental assisting school accredited by 
40.31 	the Commission on Dental Accreditation of the American Dental Association shall certify 
40.32 	to the board those members of the school's faculty who practice dentistry but are not 
40.33 	licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as 
40.34 	defined in section 150A.05, before beginning duties in a school of dentistry or a dental 
41.1 	hygiene or dental assisting school, shall apply to the board for a limited or full faculty 
41.2 	license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, 
41.3 	a limited faculty license must be renewed annually and a full faculty license must be 
41.4 	renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board 
41.5 	for issuing and renewing the faculty license. The faculty license is valid during the time 
41.6 	the holder remains a member of the faculty of a school of dentistry or a dental hygiene or 
41.7 	dental assisting school and subjects the holder to this chapter.
41.8 	(b) The board may issue to dentist members of the faculty of a Minnesota school 
41.9 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
41.10 	Accreditation of the American Dental Association, a license designated as a limited 
41.11 	faculty license entitling the holder to practice dentistry within the school and its affiliated 
41.12 	teaching facilities, but only for the purposes of teaching or conducting research. The 
41.13 	practice of dentistry at a school facility for purposes other than teaching or research is not 
41.14 	allowed unless the dentist was a faculty member on August 1, 1993.
41.15 	(c) The board may issue to dentist members of the faculty of a Minnesota school 
41.16 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
41.17 	Accreditation of the American Dental Association a license designated as a full faculty 
41.18 	license entitling the holder to practice dentistry within the school and its affiliated teaching 
41.19 	facilities and elsewhere if the holder of the license is employed 50 percent time or more by 
41.20 	the school in the practice of teaching or research, and upon successful review by the board 
41.21 	of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. 
41.22 	The board, at its discretion, may waive specific licensing prerequisites.

41.23 	Sec. 24. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
41.24 		Subd. 1c.Specialty dentists. (a) The board may grant a one or more specialty 
41.25 	license licenses in the specialty areas of dentistry that are recognized by the American 
41.26 	Dental Association Commission on Dental Accreditation.
41.27 	(b) An applicant for a specialty license shall:
41.28 	(1) have successfully completed a postdoctoral specialty education program 
41.29 	accredited by the Commission on Dental Accreditation of the American Dental 
41.30 	Association, or have announced a limitation of practice before 1967;
41.31 	(2) have been certified by a specialty examining board approved by the Minnesota 
41.32 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
41.33 	licensure required for practice in any state or Canadian province, or in the case of oral and 
41.34 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
42.1 	(3) have been in active practice or a postdoctoral specialty education program or 
42.2 	United States government service at least 2,000 hours in the 36 months prior to applying 
42.3 	for a specialty license;
42.4 	(4) if requested by the board, be interviewed by a committee of the board, which 
42.5 	may include the assistance of specialists in the evaluation process, and satisfactorily 
42.6 	respond to questions designed to determine the applicant's knowledge of dental subjects 
42.7 	and ability to practice;
42.8 	(5) if requested by the board, present complete records on a sample of patients 
42.9 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
42.10 	during the 36 months preceding the date of application. The number of records shall be 
42.11 	established by the board. The records shall be reasonably representative of the treatment 
42.12 	typically provided by the applicant for each specialty area;
42.13 	(6) at board discretion, pass a board-approved English proficiency test if English is 
42.14 	not the applicant's primary language;
42.15 	(7) pass all components of the National Board Dental Examinations;
42.16 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
42.17 	(9) abide by professional ethical conduct requirements; and
42.18 	(10) meet all other requirements prescribed by the Board of Dentistry.
42.19 	(c) The application must include:
42.20 	(1) a completed application furnished by the board;
42.21 	(2) at least two character references from two different dentists for each specialty 
42.22 	area, one of whom must be a dentist practicing in the same specialty area, and the other
42.23 	 from the director of the each specialty program attended;
42.24 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
42.25 	condition;
42.26 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
42.27 	applicant's visual acuity;
42.28 	(5) a nonrefundable fee; and
42.29 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
42.30 	taken not more than six months before the date of application.
42.31 	(d) A specialty dentist holding a one or more specialty license licenses is limited to 
42.32 	practicing in the dentist's designated specialty area or areas. The scope of practice must be 
42.33 	defined by each national specialty board recognized by the American Dental Association
42.34 	 Commission on Dental Accreditation.
42.35 	(e) A specialty dentist holding a general dentist dental license is limited to practicing 
42.36 	in the dentist's designated specialty area or areas if the dentist has announced a limitation 
43.1 	of practice. The scope of practice must be defined by each national specialty board 
43.2 	recognized by the American Dental Association Commission on Dental Accreditation.
43.3 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
43.4 	who intend to limit their practice to a particular specialty area or areas may apply for 
43.5 	a one or more  specialty license licenses.

43.6 	Sec. 25. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
43.7 		Subd. 1d.Dental therapists. A person of good moral character who has graduated 
43.8 	with a baccalaureate degree or a master's degree from a dental therapy education program 
43.9 	that has been approved by the board or accredited by the American Dental Association
43.10 	 Commission on Dental Accreditation or another board-approved national accreditation 
43.11 	organization may apply for licensure.
43.12 	The applicant must submit an application and fee as prescribed by the board and a 
43.13 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
43.14 	the applicant must pass a comprehensive, competency-based clinical examination that is 
43.15 	approved by the board and administered independently of an institution providing dental 
43.16 	therapy education. The applicant must also pass an examination testing the applicant's 
43.17 	knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 
43.18 	applicant who has failed the clinical examination twice is ineligible to retake the clinical 
43.19 	examination until further education and training are obtained as specified by the board. A 
43.20 	separate, nonrefundable fee may be charged for each time a person applies. An applicant 
43.21 	who passes the examination in compliance with subdivision 2b, abides by professional 
43.22 	ethical conduct requirements, and meets all the other requirements of the board shall 
43.23 	be licensed as a dental therapist.

43.24 	Sec. 26. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
43.25 		Subd. 2.Dental hygienists. A person of good moral character, who has graduated 
43.26 	from a dental hygiene program accredited by the Commission on Dental Accreditation of 
43.27 	the American Dental Association and established in an institution accredited by an agency 
43.28 	recognized by the United States Department of Education to offer college-level programs, 
43.29 	may apply for licensure. The dental hygiene program must provide a minimum of two 
43.30 	academic years of dental hygiene education. The applicant must submit an application and 
43.31 	fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being 
43.32 	licensed, the applicant must pass the National Board of Dental Hygiene examination and a 
43.33 	board approved examination designed to determine the applicant's clinical competency. In 
43.34 	the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants 
44.1 	shall take the examination before applying to the board for licensure. The applicant must 
44.2 	also pass an examination testing the applicant's knowledge of the laws of Minnesota relating 
44.3 	to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake 
44.4 	the clinical examination required by the board after failing it twice until further education 
44.5 	and training are obtained as specified by board rule. A separate, nonrefundable fee may 
44.6 	be charged for each time a person applies. An applicant who passes the examination in 
44.7 	compliance with subdivision 2b, abides by professional ethical conduct requirements, and 
44.8 	meets all the other requirements of the board shall be licensed as a dental hygienist.

44.9 	Sec. 27. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
44.10 		Subd. 2a.Licensed dental assistant. A person of good moral character, who has 
44.11 	graduated from a dental assisting program accredited by the Commission on Dental 
44.12 	Accreditation of the American Dental Association, may apply for licensure. The applicant 
44.13 	must submit an application and fee as prescribed by the board and the diploma or 
44.14 	certificate of dental assisting. In the case of examinations conducted pursuant to section 
44.15 	150A.03, subdivision 1, applicants shall take the examination before applying to the board 
44.16 	for licensure. The examination shall include an examination of the applicant's knowledge 
44.17 	of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is 
44.18 	ineligible to retake the licensure examination required by the board after failing it twice 
44.19 	until further education and training are obtained as specified by board rule. A separate, 
44.20 	nonrefundable fee may be charged for each time a person applies. An applicant who 
44.21 	passes the examination in compliance with subdivision 2b, abides by professional ethical 
44.22 	conduct requirements, and meets all the other requirements of the board shall be licensed 
44.23 	as a dental assistant.

44.24 	Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
44.25 		Subd. 2d.Continuing education and professional development waiver. (a) The 
44.26 	board shall grant a waiver to the continuing education requirements under this chapter for 
44.27 	a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental 
44.28 	assistant who documents to the satisfaction of the board that the dentist, dental therapist, 
44.29 	dental hygienist, or licensed dental assistant has retired from active practice in the state 
44.30 	and limits the provision of dental care services to those offered without compensation 
44.31 	in a public health, community, or tribal clinic or a nonprofit organization that provides 
44.32 	services to the indigent or to recipients of medical assistance, general assistance medical 
44.33 	care, or MinnesotaCare programs.
45.1 	(b) The board may require written documentation from the volunteer and retired 
45.2 	dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting 
45.3 	this waiver.
45.4 	(c) The board shall require the volunteer and retired dentist, dental therapist, dental 
45.5 	hygienist, or licensed dental assistant to meet the following requirements:
45.6 	(1) a licensee seeking a waiver under this subdivision must complete and document 
45.7 	at least five hours of approved courses in infection control, medical emergencies, and 
45.8 	medical management for the continuing education cycle; and
45.9 	(2) provide documentation of current CPR certification from completion of the 
45.10 	American Heart Association healthcare provider course, or the American Red Cross 
45.11 	professional rescuer course, or an equivalent entity.

45.12 	Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
45.13 		Subd. 3.Waiver of examination. (a) All or any part of the examination for 
45.14 	dentists or dental hygienists, except that pertaining to the law of Minnesota relating to 
45.15 	dentistry and the rules of the board, may, at the discretion of the board, be waived for an 
45.16 	applicant who presents a certificate of having passed all components of the National Board 
45.17 	Dental Examinations or evidence of having maintained an adequate scholastic standing 
45.18 	as determined by the board, in dental school as to dentists, or dental hygiene school as 
45.19 	to dental hygienists.
45.20 	(b) The board shall waive the clinical examination required for licensure for any 
45.21 	dentist applicant who is a graduate of a dental school accredited by the Commission on 
45.22 	Dental Accreditation of the American Dental Association, who has passed all components 
45.23 	of the National Board Dental Examinations, and who has satisfactorily completed a 
45.24 	Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced 
45.25 	education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral 
45.26 	program must be accredited by the Commission on Dental Accreditation of the American 
45.27 	Dental Association, be of at least one year's duration, and include an outcome assessment 
45.28 	evaluation assessing the resident's competence to practice dentistry. The board may require 
45.29 	the applicant to submit any information deemed necessary by the board to determine 
45.30 	whether the waiver is applicable. The board may waive the clinical examination for an 
45.31 	applicant who meets the requirements of this paragraph and has satisfactorily completed an 
45.32 	accredited postdoctoral general dentistry residency program located outside of Minnesota.

45.33 	Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
46.1 		Subd. 8.Licensure by credentials. (a) Any dental assistant may, upon application 
46.2 	and payment of a fee established by the board, apply for licensure based on an evaluation 
46.3 	of the applicant's education, experience, and performance record in lieu of completing a 
46.4 	board-approved dental assisting program for expanded functions as defined in rule, and 
46.5 	may be interviewed by the board to determine if the applicant:
46.6 	(1) has graduated from an accredited dental assisting program accredited by the 
46.7 	Commission of on Dental Accreditation of the American Dental Association, or is 
46.8 	currently certified by the Dental Assisting National Board;
46.9 	(2) is not subject to any pending or final disciplinary action in another state or 
46.10 	Canadian province, or if not currently certified or registered, previously had a certification 
46.11 	or registration in another state or Canadian province in good standing that was not subject 
46.12 	to any final or pending disciplinary action at the time of surrender;
46.13 	(3) is of good moral character and abides by professional ethical conduct 
46.14 	requirements;
46.15 	(4) at board discretion, has passed a board-approved English proficiency test if 
46.16 	English is not the applicant's primary language; and
46.17 	(5) has met all expanded functions curriculum equivalency requirements of a 
46.18 	Minnesota board-approved dental assisting program.
46.19 	(b) The board, at its discretion, may waive specific licensure requirements in 
46.20 	paragraph (a).
46.21 	(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 
46.22 	minimum knowledge in dental subjects required for licensure under subdivision 2a must 
46.23 	be licensed to practice the applicant's profession.
46.24 	(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 
46.25 	required for licensure under subdivision 2a, the application must be denied. If licensure is 
46.26 	denied, the board may notify the applicant of any specific remedy that the applicant could 
46.27 	take which, when passed, would qualify the applicant for licensure. A denial does not 
46.28 	prohibit the applicant from applying for licensure under subdivision 2a.
46.29 	(e) A candidate whose application has been denied may appeal the decision to the 
46.30 	board according to subdivision 4a.

46.31 	Sec. 31. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to 
46.32 	read:
46.33 		Subd. 16.Failure of professional development portfolio audit. A licensee shall 
46.34 	submit a fee as established by the board not to exceed the amount of $250 after failing two 
46.35 	consecutive professional development portfolio audits and, thereafter, for each failed (a) If 
47.1 	a licensee fails a professional development portfolio audit under Minnesota Rules, part 
47.2 	3100.5300., the board is authorized to take the following actions:
47.3 	(1) for the first failure, the board may issue a warning to the licensee;
47.4 	(2) for the second failure within ten years, the board may assess a penalty of not 
47.5 	more than $250; and
47.6 	(3) for any additional failures within the ten-year period, the board may assess a 
47.7 	penalty of not more than $1,000.
47.8 	(b) In addition to the penalty fee, the board may initiate the complaint process to 
47.9 	address multiple failed audits.

47.10 	Sec. 32. Minnesota Statutes 2012, section 150A.10, is amended to read:
47.11 	150A.10 ALLIED DENTAL PERSONNEL.
47.12 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
47.13 	public institution, or school authority may obtain services from a licensed dental hygienist. 
47.14 	The licensed dental hygienist may provide those services defined in section 150A.05, 
47.15 	subdivision 1a. The services provided shall not include the establishment of a final 
47.16 	diagnosis or treatment plan for a dental patient. All services shall be provided under 
47.17 	supervision of a licensed dentist. Any licensed dentist who shall permit any dental service 
47.18 	by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed 
47.19 	to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental 
47.20 	service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
47.21 		Subd. 1a.Limited authorization for dental hygienists. (a) Notwithstanding 
47.22 	subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 
47.23 	by a health care facility, program, or nonprofit organization to perform dental hygiene 
47.24 	services described under paragraph (b) without the patient first being examined by a 
47.25 	licensed dentist if the dental hygienist:
47.26 	(1) has been engaged in the active practice of clinical dental hygiene for not less than 
47.27 	2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 
47.28 	200 hours of clinical practice in two of the past three years;
47.29 	(2) has entered into a collaborative agreement with a licensed dentist that designates 
47.30 	authorization for the services provided by the dental hygienist;
47.31 	(3) has documented participation in courses in infection control and medical 
47.32 	emergencies within each continuing education cycle; and
47.33 	(4) maintains current CPR certification from completion of the American Heart 
47.34 	Association healthcare provider course, or the American Red Cross professional rescuer 
47.35 	course, or an equivalent entity.
48.1 	(b) The dental hygiene services authorized to be performed by a dental hygienist 
48.2 	under this subdivision are limited to:
48.3 	(1) oral health promotion and disease prevention education;
48.4 	(2) removal of deposits and stains from the surfaces of the teeth;
48.5 	(3) application of topical preventive or prophylactic agents, including fluoride 
48.6 	varnishes and pit and fissure sealants;
48.7 	(4) polishing and smoothing restorations;
48.8 	(5) removal of marginal overhangs;
48.9 	(6) performance of preliminary charting;
48.10 	(7) taking of radiographs; and
48.11 	(8) performance of scaling and root planing.
48.12 	The dental hygienist may administer injections of local anesthetic agents or nitrous 
48.13 	oxide inhalation analgesia as specifically delegated in the collaborative agreement with 
48.14 	a licensed dentist. The dentist need not first examine the patient or be present. If the 
48.15 	patient is considered medically compromised, the collaborative dentist shall review the 
48.16 	patient record, including the medical history, prior to the provision of these services. 
48.17 	Collaborating dental hygienists may work with unlicensed and licensed dental assistants 
48.18 	who may only perform duties for which licensure is not required. The performance of 
48.19 	dental hygiene services in a health care facility, program, or nonprofit organization as 
48.20 	authorized under this subdivision is limited to patients, students, and residents of the 
48.21 	facility, program, or organization.
48.22 	(c) A collaborating dentist must be licensed under this chapter and may enter into 
48.23 	a collaborative agreement with no more than four dental hygienists unless otherwise 
48.24 	authorized by the board. The board shall develop parameters and a process for obtaining 
48.25 	authorization to collaborate with more than four dental hygienists. The collaborative 
48.26 	agreement must include:
48.27 	(1) consideration for medically compromised patients and medical conditions for 
48.28 	which a dental evaluation and treatment plan must occur prior to the provision of dental 
48.29 	hygiene services;
48.30 	(2) age- and procedure-specific standard collaborative practice protocols, including 
48.31 	recommended intervals for the performance of dental hygiene services and a period of 
48.32 	time in which an examination by a dentist should occur;
48.33 	(3) copies of consent to treatment form provided to the patient by the dental hygienist;
48.34 	(4) specific protocols for the placement of pit and fissure sealants and requirements 
48.35 	for follow-up care to assure the efficacy of the sealants after application; and
49.1 	(5) a procedure for creating and maintaining dental records for the patients that are 
49.2 	treated by the dental hygienist. This procedure must specify where these records are 
49.3 	to be located.
49.4 	The collaborative agreement must be signed and maintained by the dentist, the dental 
49.5 	hygienist, and the facility, program, or organization; must be reviewed annually by the 
49.6 	collaborating dentist and dental hygienist; and must be made available to the board 
49.7 	upon request.
49.8 	(d) Before performing any services authorized under this subdivision, a dental 
49.9 	hygienist must provide the patient with a consent to treatment form which must include a 
49.10 	statement advising the patient that the dental hygiene services provided are not a substitute 
49.11 	for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 
49.12 	to the patient for further dental procedures, the dental hygienist must fill out a referral form 
49.13 	and provide a copy of the form to the collaborating dentist.
49.14 	(e) For the purposes of this subdivision, a "health care facility, program, or 
49.15 	nonprofit organization" is limited to a hospital; nursing home; home health agency; group 
49.16 	home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 
49.17 	commissioner of human services or the commissioner of corrections; and federal, state, or 
49.18 	local public health facility, community clinic, tribal clinic, school authority, Head Start 
49.19 	program, or nonprofit organization that serves individuals who are uninsured or who are 
49.20 	Minnesota health care public program recipients.
49.21 	(f) For purposes of this subdivision, a "collaborative agreement" means a written 
49.22 	agreement with a licensed dentist who authorizes and accepts responsibility for the 
49.23 	services performed by the dental hygienist. The services authorized under this subdivision 
49.24 	and the collaborative agreement may be performed without the presence of a licensed 
49.25 	dentist and may be performed at a location other than the usual place of practice of the 
49.26 	dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 
49.27 	specified in the collaborative agreement.
49.28 		Subd. 2.Dental assistants. Every licensed dentist and dental therapist who uses the 
49.29 	services of any unlicensed person for the purpose of assistance in the practice of dentistry 
49.30 	or dental therapy shall be responsible for the acts of such unlicensed person while engaged 
49.31 	in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to 
49.32 	perform only those acts which are authorized to be delegated to unlicensed assistants 
49.33 	by the Board of Dentistry. The acts shall be performed under supervision of a licensed 
49.34 	dentist or dental therapist. A licensed dental therapist shall not supervise more than four 
49.35 	registered licensed or unlicensed dental assistants at any one practice setting. The board 
49.36 	may permit differing levels of dental assistance based upon recognized educational 
50.1 	standards, approved by the board, for the training of dental assistants. The board may also 
50.2 	define by rule the scope of practice of licensed and unlicensed dental assistants. The 
50.3 	board by rule may require continuing education for differing levels of dental assistants, 
50.4 	as a condition to their license or authority to perform their authorized duties. Any 
50.5 	licensed dentist or dental therapist who permits an unlicensed assistant to perform any 
50.6 	dental service other than that authorized by the board shall be deemed to be enabling an 
50.7 	unlicensed person to practice dentistry, and commission of such an act by an unlicensed 
50.8 	assistant shall constitute a violation of sections 150A.01 to 150A.12.
50.9 		Subd. 3.Dental technicians. Every licensed dentist and dental therapist who uses 
50.10 	the services of any unlicensed person, other than under the dentist's or dental therapist's 
50.11 	supervision and within the same practice setting, for the purpose of constructing, altering, 
50.12 	repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, 
50.13 	prosthetic or other dental appliance, shall be required to furnish such unlicensed person 
50.14 	with a written work order in such form as shall be prescribed by the rules of the board. The 
50.15 	work order shall be made in duplicate form, a duplicate copy to be retained in a permanent 
50.16 	file of the dentist or dental therapist at the practice setting for a period of two years, and 
50.17 	the original to be retained in a permanent file for a period of two years by the unlicensed 
50.18 	person in that person's place of business. The permanent file of work orders to be kept 
50.19 	by the dentist, dental therapist, or unlicensed person shall be open to inspection at any 
50.20 	reasonable time by the board or its duly constituted agent.
50.21 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 
50.22 	2, a licensed dental hygienist or licensed dental assistant may perform the following 
50.23 	restorative procedures:
50.24 	(1) place, contour, and adjust amalgam restorations;
50.25 	(2) place, contour, and adjust glass ionomer;
50.26 	(3) adapt and cement stainless steel crowns; and
50.27 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
50.28 	where the margins are entirely within the enamel.; and
50.29 	(5) place, contour, and adjust class II and class V supragingival composite 
50.30 	restorations on primary teeth.
50.31 	(b) The restorative procedures described in paragraph (a) may be performed only if:
50.32 	(1) the licensed dental hygienist or licensed dental assistant has completed a 
50.33 	board-approved course on the specific procedures;
50.34 	(2) the board-approved course includes a component that sufficiently prepares the 
50.35 	licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly 
50.36 	placed restoration;
51.1 	(3) a licensed dentist or licensed advanced dental therapist has authorized the 
51.2 	procedure to be performed; and
51.3 	(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 
51.4 	while the procedure is being performed.
51.5 	(c) The dental faculty who teaches the educators of the board-approved courses 
51.6 	specified in paragraph (b) must have prior experience teaching these procedures in an 
51.7 	accredited dental education program.

51.8 	Sec. 33. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
51.9 		Subdivision 1.License requirements. The board shall issue a license to practice 
51.10 	podiatric medicine to a person who meets the following requirements:
51.11 	(a) The applicant for a license shall file a written notarized application on forms 
51.12 	provided by the board, showing to the board's satisfaction that the applicant is of good 
51.13 	moral character and satisfies the requirements of this section.
51.14 	(b) The applicant shall present evidence satisfactory to the board of being a graduate 
51.15 	of a podiatric medical school approved by the board based upon its faculty, curriculum, 
51.16 	facilities, accreditation by a recognized national accrediting organization approved by the 
51.17 	board, and other relevant factors.
51.18 	(c) The applicant must have received a passing score on each part of the national board 
51.19 	examinations, parts one and two, prepared and graded by the National Board of Podiatric 
51.20 	Medical Examiners. The passing score for each part of the national board examinations, 
51.21 	parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
51.22 	(d) Applicants graduating after 1986 from a podiatric medical school shall present 
51.23 	evidence satisfactory to the board of the completion of (1) one year of graduate, clinical 
51.24 	residency or preceptorship in a program accredited by a national accrediting organization 
51.25 	approved by the board or (2) other graduate training that meets standards equivalent to 
51.26 	those of an approved national accrediting organization or school of podiatric medicine
51.27 	 of successful completion of a residency program approved by a national accrediting 
51.28 	podiatric medicine organization.
51.29 	(e) The applicant shall appear in person before the board or its designated 
51.30 	representative to show that the applicant satisfies the requirements of this section, 
51.31 	including knowledge of laws, rules, and ethics pertaining to the practice of podiatric 
51.32 	medicine. The board may establish as internal operating procedures the procedures or 
51.33 	requirements for the applicant's personal presentation.
51.34 	(f) The applicant shall pay a fee established by the board by rule. The fee shall 
51.35 	not be refunded.
52.1 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
52.2 	against a licensee. If the applicant does not satisfy the requirements of this paragraph, 
52.3 	the board may refuse to issue a license unless it determines that the public will be 
52.4 	protected through issuance of a license with conditions and limitations the board considers 
52.5 	appropriate.
52.6 	(h) Upon payment of a fee as the board may require, an applicant who fails to pass 
52.7 	an examination and is refused a license is entitled to reexamination within one year of 
52.8 	the board's refusal to issue the license. No more than two reexaminations are allowed 
52.9 	without a new application for a license.

52.10 	Sec. 34. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 
52.11 	to read:
52.12 		Subd. 1a.Relicensure after two-year lapse of practice; reentry program. A 
52.13 	podiatrist seeking licensure or reinstatement of a license after a lapse of continuous 
52.14 	practice of podiatric medicine of greater than two years must reestablish competency by 
52.15 	completing a reentry program approved by the board.

52.16 	Sec. 35. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
52.17 		Subd. 2.Applicants licensed in another state. The board shall issue a license 
52.18 	to practice podiatric medicine to any person currently or formerly licensed to practice 
52.19 	podiatric medicine in another state who satisfies the requirements of this section:
52.20 	(a) The applicant shall satisfy the requirements established in subdivision 1.
52.21 	(b) The applicant shall present evidence satisfactory to the board indicating the 
52.22 	current status of a license to practice podiatric medicine issued by the first state of 
52.23 	licensure and all other states and countries in which the individual has held a license.
52.24 	(c) If the applicant has had a license revoked, engaged in conduct warranting 
52.25 	disciplinary action against the applicant's license, or been subjected to disciplinary action, 
52.26 	in another state, the board may refuse to issue a license unless it determines that the 
52.27 	public will be protected through issuance of a license with conditions or limitations the 
52.28 	board considers appropriate.
52.29 	(d) The applicant shall submit with the license application the following additional 
52.30 	information for the five-year period preceding the date of filing of the application: (1) the 
52.31 	name and address of the applicant's professional liability insurer in the other state; and (2) 
52.32 	the number, date, and disposition of any podiatric medical malpractice settlement or award 
52.33 	made to the plaintiff relating to the quality of podiatric medical treatment.
53.1 	(e) If the license is active, the applicant shall submit with the license application 
53.2 	evidence of compliance with the continuing education requirements in the current state of 
53.3 	licensure.
53.4 	(f) If the license is inactive, the applicant shall submit with the license application 
53.5 	evidence of participation in one-half the same number of hours of acceptable continuing 
53.6 	education required for biennial renewal, as specified under Minnesota Rules, up to five 
53.7 	years. If the license has been inactive for more than two years, the amount of acceptable 
53.8 	continuing education required must be obtained during the two years immediately before 
53.9 	application or the applicant must provide other evidence as the board may reasonably 
53.10 	require.

53.11 	Sec. 36. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
53.12 		Subd. 3.Temporary permit. Upon payment of a fee and in accordance with the 
53.13 	rules of the board, the board may issue a temporary permit to practice podiatric medicine 
53.14 	to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed 
53.15 	12 months. A temporary permit may be extended under the following conditions:
53.16 	(1) the applicant submits acceptable evidence that the training was interrupted by 
53.17 	circumstances beyond the control of the applicant and that the sponsor of the program 
53.18 	agrees to the extension;
53.19 	(2) the applicant is continuing in a residency that extends for more than one year; or
53.20 	(3) the applicant is continuing in a residency that extends for more than two years.
53.21 	 approved by a national accrediting organization. The temporary permit is renewed 
53.22 	annually until the residency training requirements are completed or until the residency 
53.23 	program is terminated or discontinued.

53.24 	Sec. 37. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 
53.25 	to read:
53.26 		Subd. 4.Continuing education. (a) Every podiatrist licensed to practice in this 
53.27 	state shall obtain 40 clock hours of continuing education in each two-year cycle of license 
53.28 	renewal. All continuing education hours must be earned by verified attendance at or 
53.29 	participation in a program or course sponsored by the Council on Podiatric Medical 
53.30 	Education or approved by the board. In each two-year cycle, a maximum of eight hours of 
53.31 	continuing education credits may be obtained through participation in online courses.
53.32 	(b) The number of continuing education hours required during the initial licensure 
53.33 	period is that fraction of 40 hours, to the nearest whole hour, that is represented by the 
53.34 	ratio of the number of days the license is held in the initial licensure period to 730 days.

54.1 	Sec. 38. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL 
54.2 	CONDUCT OFFENSE.
54.3 		Subdivision 1.Applicability. This section applies to the health-related licensing 
54.4 	boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice 
54.5 	and the Board of Chiropractic Examiners, and also applies to the Board of Barber 
54.6 	Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the 
54.7 	Minnesota Department of Health, including:
54.8 	(1) speech-language pathologists and audiologists;
54.9 	(2) hearing instrument dispensers; and
54.10 	(3) occupational therapists and occupational therapy assistants.
54.11 		Subd. 2.Issuing and renewing credential to practice. (a) Except as provided in 
54.12 	paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a 
54.13 	credential to practice to any person who has been convicted on or after August 1, 2014, of 
54.14 	any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, 
54.15 	subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
54.16 	(b) A credentialing authority listed in subdivision 1 shall not issue or renew a 
54.17 	credential to practice to any person who has been convicted in any other state or country on 
54.18 	or after August 1, 2014, of an offense where the elements of the offense are substantially 
54.19 	similar to any of the offenses listed in paragraph (a).
54.20 	(c) A credential to practice is automatically revoked if the credentialed person is 
54.21 	convicted of an offense listed in paragraph (a).
54.22 	(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty 
54.23 	by a jury, or a finding of guilty by the court, unless the court stays imposition or execution 
54.24 	of the sentence and final disposition of the case is accomplished at a nonfelony level.
54.25 	(e) A credentialing authority listed in subdivision 1 may establish criteria whereby 
54.26 	an individual convicted of an offense listed in paragraph (a) may become credentialed 
54.27 	provided that the criteria:
54.28 	(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
54.29 	(2) provide a standard for overcoming the presumption; and
54.30 	(3) require that a minimum of ten years has elapsed since the applicant was released 
54.31 	from any incarceration or supervisory jurisdiction related to the offense.
54.32 	A credentialing authority listed in subdivision 1 shall not consider an application under 
54.33 	this paragraph if the board determines that the victim involved in the offense was a patient 
54.34 	or a client of the applicant at the time of the offense.

55.1 	EFFECTIVE DATE. This section is effective for credentials issued or renewed on 
55.2 	or after August 1, 2014.

55.3 	Sec. 39. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK 
55.4 	OF HARM.
55.5 	(a) Notwithstanding any provision of a health-related professional practice act, 
55.6 	when a health-related licensing board receives a complaint regarding a regulated person 
55.7 	and has probable cause to believe continued practice by the regulated person presents 
55.8 	an imminent risk of harm, the licensing board shall temporarily suspend the regulated 
55.9 	person's professional license. The suspension shall take effect upon written notice to the 
55.10 	regulated person and shall specify the reason for the suspension.
55.11 	(b) The suspension shall remain in effect until the appropriate licensing board or 
55.12 	the commissioner completes an investigation and issues a final order in the matter after 
55.13 	a hearing.
55.14 	(c) At the time it issues the suspension notice, the appropriate licensing board  shall 
55.15 	schedule a disciplinary hearing to be held before the licensing board or pursuant to the 
55.16 	Administrative Procedure Act. The regulated person shall be provided with at least 
55.17 	ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
55.18 	scheduled to being no later than 30 days after issuance of the suspension order.

55.19 	EFFECTIVE DATE. This section is effective July 1, 2014.

55.20 	Sec. 40. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
55.21 		Subd. 2.Receipt of complaint. The boards shall receive and resolve complaints 
55.22 	or other communications, whether oral or written, against regulated persons. Before 
55.23 	resolving an oral complaint, the executive director or a board member designated by the 
55.24 	board to review complaints shall require the complainant to state the complaint in writing 
55.25 	or authorize transcribing the complaint. The executive director or the designated board 
55.26 	member shall determine whether the complaint alleges or implies a violation of a statute 
55.27 	or rule which the board is empowered to enforce. The executive director or the designated 
55.28 	board member may consult with the designee of the attorney general as to a board's 
55.29 	jurisdiction over a complaint. If the executive director or the designated board member 
55.30 	determines that it is necessary, the executive director may seek additional information to 
55.31 	determine whether the complaint is jurisdictional or to clarify the nature of the allegations 
55.32 	by obtaining records or other written material, obtaining a handwriting sample from the 
55.33 	regulated person, clarifying the alleged facts with the complainant, and requesting a written 
56.1 	response from the subject of the complaint. The executive director may authorize a field 
56.2 	investigation to clarify the nature of the allegations and the facts that led to the complaint.

56.3 	EFFECTIVE DATE. This section is effective July 1, 2014.

56.4 	Sec. 41. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
56.5 		Subd. 3.Referral to other agencies. The executive director shall forward to 
56.6 	another governmental agency any complaints received by the board which do not relate 
56.7 	to the board's jurisdiction but which relate to matters within the jurisdiction of another 
56.8 	governmental agency. The agency shall advise the executive director of the disposition 
56.9 	of the complaint. A complaint or other information received by another governmental 
56.10 	agency relating to a statute or rule which a board is empowered to enforce must be 
56.11 	forwarded to the executive director of the board to be processed in accordance with this 
56.12 	section. Governmental agencies may shall coordinate and conduct joint investigations of 
56.13 	complaints that involve more than one governmental agency.

56.14 	EFFECTIVE DATE. This section is effective July 1, 2014.

56.15 	Sec. 42. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision 
56.16 	to read:
56.17 		Subd. 5.Health professional services program. The health-related licensing 
56.18 	boards shall include information regarding the health professional services program on 
56.19 	their Web sites.

56.20 	EFFECTIVE DATE. This section is effective July 1, 2014.

56.21 	Sec. 43. Minnesota Statutes 2012, section 214.29, is amended to read:
56.22 	214.29 PROGRAM REQUIRED.
56.23 	Each health-related licensing board, including the Emergency Medical Services 
56.24 	Regulatory Board under chapter 144E, shall either conduct a contract with the  health 
56.25 	professionals service program under sections 214.31 to 214.37or contract for a diversion 
56.26 	program under section 214.28 for a diversion program for regulated professionals who are 
56.27 	unable to practice with reasonable skill and safety by reason of illness, use of alcohol, 
56.28 	drugs, chemicals, or any other materials, or as a result of any mental, physical, or 
56.29 	psychological condition.

56.30 	EFFECTIVE DATE. This section is effective July 1, 2014.

57.1 	Sec. 44. Minnesota Statutes 2012, section 214.31, is amended to read:
57.2 	214.31 AUTHORITY.
57.3 	Two or more of the health-related licensing boards listed in section 214.01, 
57.4 	subdivision 2, may jointly The health professionals services program shall contract with 
57.5 	the health-related licensing boards to conduct a health professionals services program to 
57.6 	protect the public from persons regulated by the boards who are unable to practice with 
57.7 	reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any 
57.8 	other materials, or as a result of any mental, physical, or psychological condition. The 
57.9 	program does not affect a board's authority to discipline violations of a board's practice act. 
57.10 	For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board 
57.11 	shall be included in the definition of a health-related licensing board under chapter 144E.

57.12 	EFFECTIVE DATE. This section is effective July 1, 2014.

57.13 	Sec. 45. Minnesota Statutes 2012, section 214.32, is amended to read:
57.14 	214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
57.15 		Subdivision 1.Management. (a) A Health Professionals Services Program 
57.16 	Committee is established, consisting of one person appointed by each participating board, 
57.17 	with each participating board having one vote. no fewer than three, or more than six, 
57.18 	executive directors of health-related licensing boards or their designees, and two members 
57.19 	of the advisory committee established in paragraph (d). Program committee members 
57.20 	from the health-related licensing boards shall be appointed by a majority of the executive 
57.21 	directors of the health-related licensing boards in July of odd-numbered years. Members 
57.22 	from the advisory committee shall be appointed by a majority of advisory committee 
57.23 	members in July of odd-numbered years. The program committee shall designate one 
57.24 	board to provide administrative management of the program, set the program budget and 
57.25 	the pro rata share of program expenses to be borne by each participating board, provide 
57.26 	guidance on the general operation of the program, including hiring of program personnel, 
57.27 	and ensure that the program's direction is in accord with its authority. The program 
57.28 	committee shall establish uniform criteria and procedures governing termination and 
57.29 	discharge for all health professionals served by the health professionals services program. 
57.30 	If the participating boards change which board is designated to provide administrative 
57.31 	management of the program, any appropriation remaining for the program shall transfer to 
57.32 	the newly designated board on the effective date of the change. The participating boards 
57.33 	must inform the appropriate legislative committees and the commissioner of management 
58.1 	and budget of any change in the administrative management of the program, and the 
58.2 	amount of any appropriation transferred under this provision.
58.3 	(b) The designated board, upon recommendation of the Health Professional Services 
58.4 	Program Committee, shall hire the program manager and employees and pay expenses 
58.5 	of the program from funds appropriated for that purpose. The designated board may 
58.6 	apply for grants to pay program expenses and may enter into contracts on behalf of the 
58.7 	program to carry out the purposes of the program. The participating boards shall enter into 
58.8 	written agreements with the designated board.
58.9 	(c) An advisory committee is established to advise the program committee consisting 
58.10 	of:
58.11 	(1) one member appointed by each of the following: the Minnesota Academy of 
58.12 	Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic 
58.13 	Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical 
58.14 	Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine 
58.15 	Association of the professional associations whose members are eligible for health 
58.16 	professionals services program services; and
58.17 	(2) one member appointed by each of the professional associations of the other 
58.18 	professions regulated by a participating board not specified in clause (1); and
58.19 	(3) two public members, as defined by section 214.02.
58.20 	(d) Members of the advisory committee shall be appointed for two years and 
58.21 	members may be reappointed.
58.22 	(e) The advisory committee shall:
58.23 	(1) provide advice and consultation to the health professionals services program staff;
58.24 	(2) serve as a liaison to all regulated health professionals who are eligible to 
58.25 	participate in the health professionals services program; and
58.26 	(3) provide advice and recommendations to the program committee.
58.27 		Subd. 2.Services. (a) The program shall provide the following services to program 
58.28 	participants:
58.29 	(1) referral of eligible regulated persons to qualified professionals for evaluation, 
58.30 	treatment, and a written plan for continuing care consistent with the regulated person's 
58.31 	illness. The referral shall take into consideration the regulated person's financial resources 
58.32 	as well as specific needs;
58.33 	(2) development of individualized program participation agreements between 
58.34 	participants and the program to meet the needs of participants and protect the public. An 
58.35 	agreement may include, but need not be limited to, recommendations from the continuing 
58.36 	care plan, practice monitoring, health monitoring, practice restrictions, random drug 
59.1 	screening, support group participation, filing of reports necessary to document compliance, 
59.2 	and terms for successful completion of the regulated person's program; and
59.3 	(3) monitoring of compliance by participants with individualized program 
59.4 	participation agreements or board orders.
59.5 	(b) The program may develop services related to sections 214.31 to 214.37 for 
59.6 	employers and colleagues of regulated persons from participating boards.
59.7 		Subd. 3.Participant costs. Each program participant shall be responsible for 
59.8 	paying for the costs of physical, psychosocial, or other related evaluation, treatment, 
59.9 	laboratory monitoring, and random drug screens.
59.10 		Subd. 4.Eligibility. Admission to the health professional services program is 
59.11 	available to a person regulated by a participating board who is unable to practice with 
59.12 	reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or 
59.13 	any other materials, or as a result of any mental, physical, or psychological condition. 
59.14 	Admission in the health professional services program shall be denied to persons:
59.15 	(1) who have diverted controlled substances for other than self-administration;
59.16 	(2) who have been terminated from this or any other state professional services 
59.17 	program for noncompliance in the program, unless referred by a participating board or the 
59.18 	commissioner of health;
59.19 	(3) currently under a board disciplinary order or corrective action agreement, unless 
59.20 	referred by a board;
59.21 	(4) regulated under sections 214.17 to 214.25, unless referred by a board or by the 
59.22 	commissioner of health;
59.23 	(5) accused of sexual misconduct; or
59.24 	(6)(5) whose continued practice would create a serious risk of harm to the public.
59.25 		Subd. 5.Completion; voluntary termination; discharge. (a) A regulated person 
59.26 	completes the program when the terms of the program participation agreement are fulfilled.
59.27 	(b) A regulated person may voluntarily terminate participation in the health 
59.28 	professionals service program at any time by reporting to the person's board which shall 
59.29 	result in the program manager making a report to the regulated person's board under 
59.30 	section 214.33, subdivision 3.
59.31 	(c) The program manager may choose to discharge a regulated person from the 
59.32 	program and make a referral to the person's board at any time for reasons including but not 
59.33 	limited to: the degree of cooperation and compliance by the regulated person, the inability 
59.34 	to secure information or the medical records of the regulated person, or indication of other 
59.35 	possible violations of the regulated person's practice act. The regulated person shall be 
59.36 	notified in writing by the program manager of any change in the person's program status. 
60.1 	A regulated person who has been terminated or discharged from the program may be 
60.2 	referred back to the program for monitoring.
60.3 		Subd. 6.Duties of a health related licensing board. (a) Upon receiving notice from 
60.4 	the program manager that a regulated person has been discharged due to noncompliance 
60.5 	or voluntary withdrawal, when the appropriate licensing board has probable cause to 
60.6 	believe continued practice by the regulated person presents an imminent risk of harm, the 
60.7 	licensing board shall temporarily suspend the regulated person's professional license. The 
60.8 	suspension shall take effect upon written notice to the regulated person and shall specify 
60.9 	the reason for the suspension.
60.10 	(b) The suspension shall remain in effect until the appropriate licensing board 
60.11 	completes an investigation and issues a final order in the matter after a hearing.
60.12 	(c) At the time it issues the suspension notice, the appropriate licensing board shall 
60.13 	schedule a disciplinary hearing to be held before the licensing board or pursuant to the 
60.14 	Administrative Procedure Act. The regulated person shall be provided with at least 
60.15 	ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
60.16 	scheduled to be no later than 30 days after issuance of the suspension order.
60.17 	(d) This subdivision does not apply to the Office of Complementary and Alternative 
60.18 	Health Care Programs.

60.19 	Sec. 46. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
60.20 		Subd. 3.Program manager. (a) The program manager shall report to the 
60.21 	appropriate participating board a regulated person who:
60.22 	(1)  does not meet program admission criteria,;
60.23 	(2) violates the terms of the program participation agreement, or;
60.24 	(3)  leaves the program except upon fulfilling the terms for successful completion of 
60.25 	the program as set forth in the participation agreement.;
60.26 	(4) is subject to the provisions of sections 214.17 to 214.25;
60.27 	(5) caused identifiable patient harm;
60.28 	(6) substituted or adulterated medications;
60.29 	(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the 
60.30 	name of a person or veterinary patient for personal use; or
60.31 	The program manager shall report to the appropriate participating board a regulated 
60.32 	person who(8) is alleged to have committed violations of the person's practice act that 
60.33 	are outside the authority of the health professionals services program as described in 
60.34 	sections 214.31 to 214.37. 
61.1 	(b) The program manager shall inform any reporting person of the disposition of the 
61.2 	person's report to the program.

61.3 	EFFECTIVE DATE. This section is effective July 1, 2014.

61.4 	Sec. 47. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision 
61.5 	to read:
61.6 		Subd. 5.Employer mandatory reporting. (a) An employer of a person licensed or 
61.7 	regulated by a health-related licensing board listed in section 214.01, subdivision 2, and 
61.8 	health care institutions, and other organizations where the licensed or regulated health 
61.9 	care professional is engaged in providing services, shall report to the appropriate licensing 
61.10 	board that the licensee or regulated person has diverted narcotics or other controlled 
61.11 	substances in violation of state or federal narcotics or controlled substance law when:
61.12 	(1) the employer or entity making the report has knowledge of the diversion; and
61.13 	(2) the licensee or regulated person has diverted narcotics from the reporting 
61.14 	employer or organization or at the reporting institution.
61.15 	(b) Subdivision 1 does not waive the requirement to report under this subdivision.
61.16 	(c) The requirement to report under this subdivision does not apply:
61.17 	(1) to licensees or regulated persons who are self-employed;
61.18 	(2) if the knowledge was obtained in the course of a professional-patient relationship 
61.19 	and the patient is licensed or regulated by a health licensing board; or
61.20 	(3) if knowledge of the diversion first becomes known to the employer, health care 
61.21 	institution, or other organization, either from:
61.22 	(i) the licensee or regulated person who has self-reported to the health professional 
61.23 	services program and who has returned to work pursuant to the health professional 
61.24 	services program participation agreement and monitoring plan; or
61.25 	(ii) an individual who is serving as a work site monitor approved by the health 
61.26 	professional services program for a person described in item (i).

61.27 	Sec. 48. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
61.28 	Each health-related licensing board, including the Emergency Medical Services 
61.29 	Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action 
61.30 	if a regulated person violates the terms of the health professionals services program 
61.31 	participation agreement or leaves the program except upon fulfilling the terms for 
61.32 	successful completion of the program as set forth in the participation agreement.

61.33 	EFFECTIVE DATE. This section is effective July 1, 2014.

62.1 	Sec. 49. REVISOR'S INSTRUCTION.
 62.2 	(a) The revisor of statutes shall remove cross-references to the sections repealed in 
62.3 	this article wherever they appear in Minnesota Statutes and Minnesota Rules and make 
62.4 	changes necessary to correct the punctuation, grammar, or structure of the remaining text 
62.5 	and preserve its meaning.
62.6 	(b) The revisor of statutes shall change the term "physician's assistant" to "physician 
62.7 	assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.

62.8 	EFFECTIVE DATE. Paragraph (a) is effective July 1, 2014.

62.9 	Sec. 50.  REPEALER.
 62.10 	(a) (Chiropractors) Minnesota Statutes 2012, section 148.01, subdivision 3, and 
62.11 	Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are repealed.
62.12 	(b) (Health-related licensing boards) Minnesota Statutes 2012, sections 214.28; 
62.13 	214.36; and 214.37, are repealed effective July 1, 2014.
62.14 	(c) (Occupational therapists) Minnesota Statutes 2013 Supplement, section 
62.15 	148.6440, is repealed the day following final enactment.
62.16 	(d) (Athletic trainers) Minnesota Statutes 2012, sections 148.7808, subdivision 2; 
62.17 	and 148.7813, are repealed.

62.18 	ARTICLE 5
62.19 	BOARD OF PHARMACY

62.20 	Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
62.21 	151.01 DEFINITIONS.
62.22 		Subdivision 1.Words, terms, and phrases. Unless the language or context clearly 
62.23 	indicates that a different meaning is intended, the following words, terms, and phrases, for 
62.24 	the purposes of this chapter, shall be given the meanings subjoined to them.
62.25 		Subd. 2.Pharmacy. "Pharmacy" means an established a place of business in 
62.26 	which prescriptions,prescription drugs, medicines, chemicals, and poisons are prepared, 
62.27 	compounded, or dispensed, vended, or sold to or for the use of patients by or under 
62.28 	the supervision of a pharmacist and from which related clinical pharmacy services are 
62.29 	delivered.
62.30 		Subd. 2a.Limited service pharmacy. "Limited service pharmacy" means a 
62.31 	pharmacy that has been issued a restricted license by the board to perform a limited range 
62.32 	of the activities that constitute the practice of pharmacy.
63.1 		Subd. 3.Pharmacist. The term "pharmacist" means an individual with a currently 
63.2 	valid license issued by the Board of Pharmacy to practice pharmacy.
63.3 		Subd. 5.Drug. The term "drug" means all medicinal substances and preparations 
63.4 	recognized by the United States Pharmacopoeia and National Formulary, or any revision 
63.5 	thereof, vaccines and biologicals, and all substances and preparations intended for external 
63.6 	and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 
63.7 	humans or other animals, and all substances and preparations, other than food, intended to 
63.8 	affect the structure or any function of the bodies of humans or other animals. The term drug 
63.9 	shall also mean any compound, substance, or derivative that is not approved for human 
63.10 	consumption by the United States Food and Drug Administration or specifically permitted 
63.11 	for human consumption under Minnesota law that, when introduced into the body, induces 
63.12 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
63.13 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
63.14 	regardless of whether the substance is marketed for the purpose of human consumption.
63.15 		Subd. 6.Medicine. The term "medicine" means any remedial agent that has the 
63.16 	property of curing, preventing, treating, or mitigating diseases, or that is used for that 
63.17 	purpose.
63.18 		Subd. 7.Poisons. The term "poisons" means any substance which that, when 
63.19 	introduced into the system, directly or by absorption, produces violent, morbid, or fatal 
63.20 	changes, or which that destroys living tissue with which it comes in contact.
63.21 		Subd. 8.Chemical. The term "chemical" means all medicinal or industrial 
63.22 	substances, whether simple or compound, or obtained through the process of the science 
63.23 	and art of chemistry, whether of organic or inorganic origin.
63.24 		Subd. 9.Board or State Board of Pharmacy. The term "board" or "State Board of 
63.25 	Pharmacy" means the Minnesota State Board of Pharmacy.
63.26 		Subd. 10.Director. The term "director" means the executive director of the 
63.27 	Minnesota State Board of Pharmacy.
63.28 		Subd. 11.Person. The term "person" means an individual, firm, partnership, 
63.29 	company, corporation, trustee, association, agency, or other public or private entity.
63.30 		Subd. 12.Wholesale. The term "wholesale" means and includes any sale for the 
63.31 	purpose of resale.
63.32 		Subd. 13.Commercial purposes. The phrase "commercial purposes" means the 
63.33 	ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 
63.34 	of medicine and, pharmacy, and other health care professions.
63.35 		Subd. 14.Manufacturing. The term "manufacturing" except in the case of bulk 
63.36 	compounding, prepackaging or extemporaneous compounding within a pharmacy, means 
64.1 	and includes the production, quality control and standardization by mechanical, physical, 
64.2 	chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 
64.3 	relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 
64.4 	without exception, for medicinal purposes. preparation, propagation, conversion, or 
64.5 	processing of a drug, either directly or indirectly, by extraction from substances of natural 
64.6 	origin or independently by means of chemical or biological synthesis. Manufacturing 
64.7 	includes the packaging or repackaging of a drug, or the labeling or relabeling of 
64.8 	the container of a drug, for resale by pharmacies, practitioners, or other persons. 
64.9 	Manufacturing does not include the prepackaging, extemporaneous compounding, or 
64.10 	anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, 
64.11 	nor the labeling of a container within a pharmacy or by a practitioner for the purpose of 
64.12 	dispensing a drug to a patient pursuant to a valid prescription.
64.13 		Subd. 14a.Manufacturer. The term "manufacturer" means any person engaged 
64.14 	in manufacturing.
64.15 		Subd. 14b.Outsourcing facility. "Outsourcing facility" means a facility that is 
64.16 	registered by the United States Food and Drug Administration pursuant to United States 
64.17 	Code, title 21, section 353b.
64.18 		Subd. 15.Pharmacist intern. The term "pharmacist intern" means (1) a natural 
64.19 	person satisfactorily progressing toward the degree in pharmacy required for licensure, or 
64.20 	(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 
64.21 	college approved by the board, who is registered by the State Board of Pharmacy for the 
64.22 	purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 
64.23 	or (3) a qualified applicant awaiting examination for licensure.
64.24 		Subd. 15a.Pharmacy technician. The term "pharmacy technician" means a person 
64.25 	not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 
64.26 	preparation and dispensing of medications by performing computer entry of prescription 
64.27 	data and other manipulative tasks. A pharmacy technician shall not perform tasks 
64.28 	specifically reserved to a licensed pharmacist or requiring professional judgment.
64.29 		Subd. 16.Prescription drug order. The term "prescription drug order" means a 
64.30 	signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
64.31 	 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 
64.32 	practice, issued for an individual patient and containing the following: the date of issue, 
64.33 	name and address of the patient, name and quantity of the drug prescribed, directions 
64.34 	for use, and the name and address of the prescriber. for a drug for a specific patient. 
64.35 	Prescription drug orders for controlled substances must be prepared in accordance with the 
65.1 	provisions of section 152.11 and the federal Controlled Substances Act and the regulations 
65.2 	promulgated thereunder.
65.3 		Subd. 16a.Prescription. The term "prescription" means a prescription drug order 
65.4 	that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an 
65.5 	electronic order. To be valid, a prescription must be issued for an individual patient by 
65.6 	a practitioner within the scope and usual course of the practitioner's practice, and must 
65.7 	contain the date of issue, name and address of the patient, name and quantity of the drug 
65.8 	prescribed, directions for use, the name and address of the practitioner, and a telephone 
65.9 	number at which the practitioner can be reached. A prescription written or printed on 
65.10 	paper that is given to the patient or an agent of the patient or that is transmitted by fax 
65.11 	must contain the practitioner's manual signature. An electronic prescription must contain 
65.12 	the practitioner's electronic signature.
65.13 		Subd. 16b.Chart order. The term "chart order" means a prescription drug order for 
65.14 	a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct 
65.15 	supervision of a pharmacist, and administered by an authorized person only during the 
65.16 	patient's stay in a hospital or long-term care facility. The chart order shall contain the name 
65.17 	of the patient, another patient identifier such as birth date or medical record number, the 
65.18 	drug ordered, and any directions that the practitioner may prescribe concerning strength, 
65.19 	dosage, frequency, and route of administration. The manual or electronic signature of the 
65.20 	practitioner must be affixed to the chart order at the time it is written or at a later date in 
65.21 	the case of verbal chart orders.
65.22 		Subd. 17.Legend drug. "Legend drug" means a drug whichthat is required by 
65.23 	federal law to bear the following statement, "Caution: Federal law prohibits dispensing 
65.24 	without prescription." be dispensed only pursuant to the prescription of a licensed 
65.25 	practitioner.
65.26 		Subd. 18.Label. "Label" means a display of written, printed, or graphic matter 
65.27 	upon the immediate container of any drug or medicine; and a requirement made by or 
65.28 	under authority of Laws 1969, chapter 933 that. Any word, statement, or other information 
65.29 	appearing required by or under the authority of this chapter to appear on the label shall not 
65.30 	be considered to be complied with unless such word, statement, or other information also 
65.31 	appears appear on the outside container or wrapper, if any there be, of the retail package of 
65.32 	such drug or medicine, or is be easily legible through the outside container or wrapper.
65.33 		Subd. 19.Package. "Package" means any container or wrapping in which any 
65.34 	drug or medicine is enclosed for use in the delivery or display of that article to retail 
65.35 	purchasers, but does not include:
66.1 	(a) shipping containers or wrappings used solely for the transportation of any such 
66.2 	article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 
66.3 	retail distributors;
66.4 	(b) shipping containers or outer wrappings used by retailers to ship or deliver any 
66.5 	such article to retail customers if such containers and wrappings bear no printed matter 
66.6 	pertaining to any particular drug or medicine.
66.7 		Subd. 20.Labeling. "Labeling" means all labels and other written, printed, or 
66.8 	graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 
66.9 	accompanying such article.
66.10 		Subd. 21.Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 
66.11 	Act, United States Code, title 21, section 301, et seq., as amended.
66.12 		Subd. 22.Pharmacist in charge. "Pharmacist in charge" means a duly licensed 
66.13 	pharmacist in the state of Minnesota who has been designated in accordance with the rules 
66.14 	of the State Board of Pharmacy to assume professional responsibility for the operation 
66.15 	of the pharmacy in compliance with the requirements and duties as established by the 
66.16 	board in its rules.
66.17 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
66.18 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
66.19 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 
66.20 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraphs 
66.21 	(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 
66.22 	prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 
66.23 	authorized to prescribe, dispense, and administer under section 148.235. For purposes of 
66.24 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraph 
66.25 	(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 
66.26 	administer under chapter 150A.
66.27 		Subd. 24.Brand name. "Brand name" means the registered trademark name given 
66.28 	to a drug product by its manufacturer, labeler or distributor.
66.29 		Subd. 25.Generic name. "Generic name" means the established name or official 
66.30 	name of a drug or drug product.
66.31 		Subd. 26.Finished dosage form. "Finished dosage form" means that form of a 
66.32 	drug which that is or is intended to be dispensed or administered to the patient and requires 
66.33 	no further manufacturing or processing other than packaging, reconstitution, or labeling.
66.34 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
66.35 	(1) interpretation and evaluation of prescription drug orders;
67.1 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by 
67.2 	a manufacturer or packager of nonprescription drugs or commercially packaged legend 
67.3 	drugs and devices);
67.4 	(3) participation in clinical interpretations and monitoring of drug therapy for 
67.5 	assurance of safe and effective use of drugs;
67.6 	(4) participation in drug and therapeutic device selection; drug administration for first 
67.7 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
67.8 	(5) participation in administration of influenza vaccines to all eligible individuals ten 
67.9 	years of age and older and all other vaccines to patients 18 years of age and older under 
67.10 	standing orders from a physician licensed under chapter 147 or by written protocol with a 
67.11 	physician licensed under chapter 147, a physician assistant authorized to prescribe drugs 
67.12 	under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under 
67.13 	section 148.235, provided that:
67.14 	(i) the protocol includes, at a minimum:
67.15 	(A) the name, dose, and route of each vaccine that may be given;
67.16 	(B) the patient population for whom the vaccine may be given;
67.17 	(C) contraindications and precautions to the vaccine;
67.18 	(D) the procedure for handling an adverse reaction;
67.19 	(E) the name, signature, and address of the physician, physician assistant, or 
67.20 	advanced nurse practitioner;
67.21 	(F) a telephone number at which the physician, physician assistant, or advanced 
67.22 	nurse practitioner can be contacted; and
67.23 	(G) the date and time period for which the protocol is valid;
67.24 	(i) (ii) the pharmacist is trained in has successfully completed a program approved 
67.25 	by the American Accreditation Council of Pharmaceutical for Pharmacy Education 
67.26 	specifically for the administration of immunizations or graduated from a college of 
67.27 	pharmacy in 2001 or thereafter a program approved by the board; and
67.28 	(ii) (iii) the pharmacist reports the administration of the immunization to the patient's 
67.29 	primary physician or clinic or to the Minnesota Immunization Information Connection; and
67.30 	(iv) the pharmacist complies with guidelines for vaccines and immunizations 
67.31 	established by the federal Advisory Committee on Immunization Practices, except that a 
67.32 	pharmacist does not need to comply with those portions of the guidelines that establish 
67.33 	immunization schedules when administering a vaccine pursuant to a valid, patient-specific 
67.34 	order issued by a physician licensed under chapter 147, a physician assistant authorized to 
67.35 	prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe 
68.1 	drugs under section 148.235, provided that the order is consistent with the United States 
68.2 	Food and Drug Administration approved labeling of the vaccine;
68.3 	(6) participation in the practice of managing drug therapy and modifying initiation, 
68.4 	management, modification, and discontinuation of drug therapy, according to section 
68.5 	151.21, subdivision 1, according to a written protocol or collaborative practice agreement 
68.6 	between the specific pharmacist: (i) one or more pharmacists and the individual dentist, 
68.7 	optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 
68.8 	care and authorized to independently prescribe drugs one or more dentists, optometrists, 
68.9 	physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more 
68.10 	physician assistants authorized to prescribe, dispense, and administer under chapter 147A, 
68.11 	or advanced practice nurses authorized to prescribe, dispense, and administer under 
68.12 	section 148.235. Any significant changes in drug therapy made pursuant to a protocol or 
68.13 	collaborative practice agreement must be reported documented by the pharmacist to in
68.14 	 the patient's medical record or reported by the pharmacist to a practitioner responsible 
68.15 	for the patient's care;
68.16 	(7) participation in the storage of drugs and the maintenance of records;
68.17 	(8) responsibility for participation in patient counseling on therapeutic values, 
68.18 	content, hazards, and uses of drugs and devices; and
68.19 	(9) offering or performing those acts, services, operations, or transactions necessary 
68.20 	in the conduct, operation, management, and control of a pharmacy.
68.21 		Subd. 27a.Protocol. "Protocol" means:
68.22 	(1) a specific written plan that describes the nature and scope of activities that a 
68.23 	pharmacist may engage in when initiating, managing, modifying, or discontinuing drug 
68.24 	therapy as allowed in subdivision 27, clause (6); or
68.25 	(2) a specific written plan that authorizes a pharmacist to administer vaccines and 
68.26 	that complies with subdivision 27, clause (5).
68.27 		Subd. 27b.Collaborative practice. "Collaborative practice" means patient care 
68.28 	activities, consistent with subdivision 27, engaged in by one or more pharmacists who 
68.29 	have agreed to work in collaboration with one or more practitioners to initiate, manage, 
68.30 	and modify drug therapy under specified conditions mutually agreed to by the pharmacists 
68.31 	and practitioners.
68.32 		Subd. 27c.Collaborative practice agreement. "Collaborative practice agreement" 
68.33 	means a written and signed agreement between one or more pharmacists and one or more 
68.34 	practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
68.35 		Subd. 28.Veterinary legend drug. "Veterinary legend drug" means a drug that is 
68.36 	required by federal law to bear the following statement: "Caution: Federal law restricts 
69.1 	this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant 
69.2 	to the prescription of a licensed veterinarian.
69.3 		Subd. 29.Legend medical gas. "Legend medical gas" means a liquid or gaseous 
69.4 	substance used for medical purposes and that is required by federal law to bear the 
69.5 	following statement: "Caution: Federal law prohibits dispensing without a prescription."
69.6 	 be dispensed only pursuant to the prescription of a licensed practitioner.
69.7 		Subd. 30.Dispense or dispensing. "Dispense or dispensing" means the preparation 
69.8 	or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 
69.9 	appropriately labeled for subsequent administration to or use by a patient or other individual 
69.10 	entitled to receive the drug. interpretation, evaluation, and processing of a prescription 
69.11 	drug order and includes those processes specified by the board in rule that are necessary 
69.12 	for the preparation and provision of a drug to a patient or patient's agent in a suitable 
69.13 	container appropriately labeled for subsequent administration to, or use by, a patient.
69.14 		Subd. 31.Central service pharmacy. "Central service pharmacy" means a 
69.15 	pharmacy that may provide dispensing functions, drug utilization review, packaging, 
69.16 	labeling, or delivery of a prescription product to another pharmacy for the purpose of 
69.17 	filling a prescription.
69.18 		Subd. 32.Electronic signature. "Electronic signature" means an electronic sound, 
69.19 	symbol, or process attached to or associated with a record and executed or adopted by a 
69.20 	person with the intent to sign the record.
69.21 		Subd. 33.Electronic transmission. "Electronic transmission" means transmission 
69.22 	of information in electronic form.
69.23 		Subd. 34.Health professional shortage area. "Health professional shortage area" 
69.24 	means an area designated as such by the federal Secretary of Health and Human Services, 
69.25 	as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 
69.26 	title 42, section 254E.
69.27 		Subd. 35.Compounding. "Compounding" means preparing, mixing, assembling, 
69.28 	packaging, and labeling a drug for an identified individual patient as a result of 
69.29 	a practitioner's prescription drug order. Compounding also includes anticipatory 
69.30 	compounding, as defined in this section, and the preparation of drugs in which all bulk 
69.31 	drug substances and components are nonprescription substances. Compounding does 
69.32 	not include mixing or reconstituting a drug according to the product's labeling or to the 
69.33 	manufacturer's directions. Compounding does not include the preparation of a drug for the 
69.34 	purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug 
69.35 	is not prepared for dispensing or administration to patients. All compounding, regardless 
70.1 	of the type of product, must be done pursuant to a prescription drug order unless otherwise 
70.2 	permitted in this chapter or by the rules of the board.
70.3 		Subd. 36.Anticipatory compounding. "Anticipatory compounding" means the 
70.4 	preparation by a pharmacy of a supply of a compounded drug product that is sufficient to 
70.5 	meet the short-term anticipated need of the pharmacy for the filling of prescription drug 
70.6 	orders. In the case of practitioners only, anticipatory compounding means the preparation 
70.7 	of a supply of a compounded drug product that is sufficient to meet the practitioner's 
70.8 	short-term anticipated need for dispensing or administering the drug to patients treated 
70.9 	by the practitioner. Anticipatory compounding is not the preparation of a compounded 
70.10 	drug product for wholesale distribution.
70.11 		Subd. 37.Extemporaneous compounding. "Extemporaneous compounding" 
70.12 	means the compounding of a drug product pursuant to a prescription drug order for a specific 
70.13 	patient that is issued in advance of the compounding. Extemporaneous compounding is 
70.14 	not the preparation of a compounded drug product for wholesale distribution.
70.15 		Subd. 38.Compounded positron emission tomography drug. "Compounded 
70.16 	positron emission tomography drug" means a drug that:
70.17 	(1) exhibits spontaneous disintegration of unstable nuclei by the emission of 
70.18 	positrons and is used for the purpose of providing dual photon positron emission 
70.19 	tomographic diagnostic images;
70.20 	(2) has been compounded by or on the order of a practitioner in accordance with the 
70.21 	relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, 
70.22 	teaching, or quality control; and
70.23 	(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, 
70.24 	accelerator, target material, electronic synthesizer, or other apparatus or computer program 
70.25 	to be used in the preparation of such a drug.

70.26 	Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
70.27 	151.06 POWERS AND DUTIES.
70.28 		Subdivision 1.Generally; rules. (a) Powers and duties. The Board of Pharmacy 
70.29 	shall have the power and it shall be its duty:
70.30 	(1) to regulate the practice of pharmacy;
70.31 	(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
70.32 	(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 
70.33 	dispensed in this state, using the United States Pharmacopeia and the National Formulary, 
70.34 	or any revisions thereof, or standards adopted under the federal act as the standard;
71.1 	(4) to enter and inspect by its authorized representative any and all places where 
71.2 	drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 
71.3 	away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 
71.4 	or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 
71.5 	after paying or offering to pay for such sample; it shall be entitled to inspect and make 
71.6 	copies of any and all records of shipment, purchase, manufacture, quality control, and 
71.7 	sale of these items provided, however, that such inspection shall not extend to financial 
71.8 	data, sales data, or pricing data;
71.9 	(5) to examine and license as pharmacists all applicants whom it shall deem qualified 
71.10 	to be such;
71.11 	(6) to license wholesale drug distributors;
71.12 	(7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any 
71.13 	registration or license required under this chapter, to any applicant or registrant or licensee
71.14 	 upon any of the following grounds: listed in section 151.071, and in accordance with 
71.15 	the provisions of section 151.071;
71.16 	(i) fraud or deception in connection with the securing of such license or registration;
71.17 	(ii) in the case of a pharmacist, conviction in any court of a felony;
71.18 	(iii) in the case of a pharmacist, conviction in any court of an offense involving 
71.19 	moral turpitude;
71.20 	(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 
71.21 	or habitual indulgence in intoxicating liquors in a manner which could cause conduct 
71.22 	endangering public health;
71.23 	(v) unprofessional conduct or conduct endangering public health;
71.24 	(vi) gross immorality;
71.25 	(vii) employing, assisting, or enabling in any manner an unlicensed person to 
71.26 	practice pharmacy;
71.27 	(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
71.28 	(ix) violation of any of the provisions of this chapter or any of the rules of the State 
71.29 	Board of Pharmacy;
71.30 	(x) in the case of a pharmacy license, operation of such pharmacy without a 
71.31 	pharmacist present and on duty;
71.32 	(xi) in the case of a pharmacist, physical or mental disability which could cause 
71.33 	incompetency in the practice of pharmacy;
71.34 	(xii) in the case of a pharmacist, the suspension or revocation of a license to practice 
71.35 	pharmacy in another state; or
72.1 	(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 
72.2 	violation of section 609.215 as established by any of the following:
72.3 	(A) a copy of the record of criminal conviction or plea of guilty for a felony in 
72.4 	violation of section 609.215, subdivision 1 or 2;
72.5 	(B) a copy of the record of a judgment of contempt of court for violating an 
72.6 	injunction issued under section 609.215, subdivision 4;
72.7 	(C) a copy of the record of a judgment assessing damages under section 609.215, 
72.8 	subdivision 5; or
72.9 	(D) a finding by the board that the person violated section 609.215, subdivision 
72.10 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
72.11 	subdivision 1 or 2;
72.12 	(8) to employ necessary assistants and adopt rules for the conduct of its business;
72.13 	(9) to register as pharmacy technicians all applicants who the board determines are 
72.14 	qualified to carry out the duties of a pharmacy technician; and
72.15 	(10) to perform such other duties and exercise such other powers as the provisions of 
72.16 	the act may require.; and
72.17 	(11) to enter and inspect any business to which it issues a license or registration.
72.18 	(b) Temporary suspension. In addition to any other remedy provided by law, the board 
72.19 	may, without a hearing, temporarily suspend a license for not more than 60 days if the board 
72.20 	finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 
72.21 	and continued practice by the pharmacist would create an imminent risk of harm to others. 
72.22 	The suspension shall take effect upon written notice to the pharmacist, specifying the 
72.23 	statute or rule violated. At the time it issues the suspension notice, the board shall schedule 
72.24 	a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 
72.25 	shall be provided with at least 20 days' notice of any hearing held under this subdivision.
72.26 	(c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make 
72.27 	and publish uniform rules not inconsistent herewith for carrying out and enforcing 
72.28 	the provisions of this chapter. The board shall adopt rules regarding prospective drug 
72.29 	utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 
72.30 	the pharmacist's professional judgment, upon the presentation of a new prescription by a 
72.31 	patient or the patient's caregiver or agent, shall perform the prospective drug utilization 
72.32 	review required by rules issued under this subdivision.
72.33 	(d) (c) Substitution; rules. If the United States Food and Drug Administration 
72.34 	(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 
72.35 	seizures poses a health risk to patients, the board shall adopt rules in accordance with 
72.36 	accompanying FDA interchangeability standards regarding the use of substitution for 
73.1 	these drugs. If the board adopts a rule regarding the substitution of drugs used for the 
73.2 	treatment of epilepsy or seizures that conflicts with the substitution requirements of 
73.3 	section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 
73.4 	proposed by the board would increase state costs for state public health care programs, 
73.5 	the board shall report to the chairs and ranking minority members of the senate Health 
73.6 	and Human Services Budget Division and the house of representatives Health Care and 
73.7 	Human Services Finance Division the proposed rule and the increased cost associated 
73.8 	with the proposed rule before the board may adopt the rule.
73.9 		Subd. 1a.Disciplinary action Cease and desist orders. It shall be grounds for 
73.10 	disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 
73.11 	the Board of Pharmacy determines that any person with supervisory responsibilities at the 
73.12 	pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 
73.13 	review and patient counseling as required by rules adopted under subdivision 1. The 
73.14 	Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 
73.15 	taken under this section. (a) Whenever it appears to the board that a person has engaged in 
73.16 	an act or practice constituting a violation of a law, rule, or other order related to the duties 
73.17 	and responsibilities entrusted to the board, the board may issue and cause to be served 
73.18 	upon the person an order requiring the person to cease and desist from violations.
73.19 	(b) The cease and desist order must state the reasons for the issuance of the order 
73.20 	and must give reasonable notice of the rights of the person to request a hearing before 
73.21 	an administrative law judge. A hearing must be held not later than ten days after the 
73.22 	request for the hearing is received by the board. After the completion of the hearing, 
73.23 	the administrative law judge shall issue a report within ten days. Within 15 days after 
73.24 	receiving the report of the administrative law judge, the board shall issue a further order 
73.25 	vacating or making permanent the cease and desist order. The time periods provided in 
73.26 	this provision may be waived by agreement of the executive director of the board and the 
73.27 	person against whom the cease and desist order was issued. If the person to whom a cease 
73.28 	and desist order is issued fails to appear at the hearing after being duly notified, the person 
73.29 	is in default, and the proceeding may be determined against that person upon consideration 
73.30 	of the cease and desist order, the allegations of which may be considered to be true. Unless 
73.31 	otherwise provided, all hearings must be conducted according to chapter 14. The board 
73.32 	may adopt rules of procedure concerning all proceedings conducted under this subdivision.
73.33 	(c) If no hearing is requested within 30 days of service of the order, the cease and 
73.34 	desist order will become permanent.
73.35 	(d) A cease and desist order issued under this subdivision remains in effect until 
73.36 	it is modified or vacated by the board. The administrative proceeding provided by this 
74.1 	subdivision, and subsequent appellate judicial review of that administrative proceeding, 
74.2 	constitutes the exclusive remedy for determining whether the board properly issued the 
74.3 	cease and desist order and whether the cease and desist order should be vacated or made 
74.4 	permanent.
74.5 		Subd. 1b.Enforcement of violations of cease and desist orders. (a) Whenever 
74.6 	the board under subdivision 1a seeks to enforce compliance with a cease and desist 
74.7 	order that has been made permanent, the allegations of the cease and desist order are 
74.8 	considered conclusively established for purposes of proceeding under subdivision 1a for 
74.9 	permanent or temporary relief to enforce the cease and desist order. Whenever the board 
74.10 	under subdivision 1a seeks to enforce compliance with a cease and desist order when a 
74.11 	hearing or hearing request on the cease and desist order is pending, or the time has not 
74.12 	yet expired to request a hearing on whether a cease and desist order should be vacated or 
74.13 	made permanent, the allegations in the cease and desist order are considered conclusively 
74.14 	established for the purposes of proceeding under subdivision 1a for temporary relief to 
74.15 	enforce the cease and desist order.
74.16 	(b) Notwithstanding this subdivision or subdivision 1a, the person against whom 
74.17 	the cease and desist order is issued and who has requested a hearing under subdivision 1a 
74.18 	may, within 15 days after service of the cease and desist order, bring an action in Ramsey 
74.19 	County District Court for issuance of an injunction to suspend enforcement of the cease 
74.20 	and desist order pending a final decision of the board under subdivision 1a to vacate or 
74.21 	make permanent the cease and desist order. The court shall determine whether to issue 
74.22 	such an injunction based on traditional principles of temporary relief.
74.23 		Subd. 2.Application. In the case of a facility licensed or registered by the board, 
74.24 	the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 
74.25 	shall also apply to the following:
74.26 	(1) In the case of a partnership, each partner thereof;
74.27 	(2) In the case of an association, each member thereof;
74.28 	(3) In the case of a corporation, each officer or director thereof and each shareholder 
74.29 	owning 30 percent or more of the voting stock of such corporation.
74.30 		Subd. 3.Application of Administrative Procedure Act. The board shall comply 
74.31 	with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 
74.32 	license or registration issued under this chapter.
74.33 		Subd. 4.Reinstatement. Any license or registration which has been suspended 
74.34 	or revoked may be reinstated by the board provided the holder thereof shall pay all costs 
74.35 	of the proceedings resulting in the suspension or revocation, and, in addition thereto, 
74.36 	pay a fee set by the board.
75.1 		Subd. 5.Costs; penalties. The board may impose a civil penalty not exceeding 
75.2 	$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 
75.3 	to deprive a licensee or registrant of any economic advantage gained by reason of 
75.4 	the violation, to discourage similar violations by the licensee or registrant or any other 
75.5 	licensee or registrant, or to reimburse the board for the cost of the investigation and 
75.6 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
75.7 	Administrative Hearings, legal and investigative services provided by the Office of the 
75.8 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
75.9 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
75.10 	staff and board members.

75.11 	Sec. 3. [151.071] DISCIPLINARY ACTION.
75.12 		Subdivision 1.Forms of disciplinary action. When the board finds that a licensee, 
75.13 	registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may 
75.14 	do one or more of the following:
75.15 	(1) deny the issuance of a license or registration;
75.16 	(2) refuse to renew a license or registration;
75.17 	(3) revoke the license or registration;
75.18 	(4) suspend the license or registration;
75.19 	(5) impose limitations, conditions, or both on the license or registration, including 
75.20 	but not limited to: the limitation of practice designated settings; the imposition of 
75.21 	retraining or rehabilitation requirements; the requirement of practice under supervision; 
75.22 	the requirement of participation in a diversion program such as that established pursuant to 
75.23 	section 214.31 or the conditioning of continued practice on demonstration of knowledge 
75.24 	or skills by appropriate examination or other review of skill and competence;
75.25 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, the 
75.26 	amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any 
75.27 	economic advantage gained by reason of the violation, to discourage similar violations 
75.28 	by the licensee or registrant or any other licensee or registrant, or to reimburse the board 
75.29 	for the cost of the investigation and proceeding, including but not limited to, fees paid 
75.30 	for services provided by the Office of Administrative Hearings, legal and investigative 
75.31 	services provided by the Office of the Attorney General, court reporters, witnesses, 
75.32 	reproduction of records, board members' per diem compensation, board staff time, and 
75.33 	travel costs and expenses incurred by board staff and board members; and
75.34 	(7) reprimand the licensee or registrant.
76.1 		Subd. 2.Grounds for disciplinary action. The following conduct is prohibited and 
76.2 	is grounds for disciplinary action:
76.3 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
76.4 	or registration contained in this chapter or the rules of the board. The burden of proof is on 
76.5 	the applicant to demonstrate such qualifications or satisfaction of such requirements;
76.6 	(2) obtaining a license by fraud or by misleading the board in any way during 
76.7 	the application process or obtaining a license by cheating, or attempting to subvert 
76.8 	the licensing examination process. Conduct that subverts or attempts to subvert the 
76.9 	licensing examination process includes, but is not limited to: (i) conduct that violates the 
76.10 	security of the examination materials, such as removing examination materials from the 
76.11 	examination room or having unauthorized possession of any portion of a future, current, 
76.12 	or previously administered licensing examination; (ii) conduct that violates the standard of 
76.13 	test administration, such as communicating with another examinee during administration 
76.14 	of the examination, copying another examinee's answers, permitting another examinee 
76.15 	to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an 
76.16 	examinee or permitting an impersonator to take the examination on one's own behalf;
76.17 	(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a 
76.18 	pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist 
76.19 	intern registration, conviction of a felony reasonably related to the practice of pharmacy. 
76.20 	Conviction as used in this subdivision includes a conviction of an offense that if committed 
76.21 	in this state would be deemed a felony without regard to its designation elsewhere, or 
76.22 	a criminal proceeding where a finding or verdict of guilt is made or returned but the 
76.23 	adjudication of guilt is either withheld or not entered thereon. The board may delay the 
76.24 	issuance of a new license or registration if the applicant has been charged with a felony 
76.25 	until the matter has been adjudicated;
76.26 	(4) for a facility, other than a pharmacy, licensed or registered by the board, if an 
76.27 	owner or applicant is convicted of a felony reasonably related to the operation of the 
76.28 	facility. The board may delay the issuance of a new license or registration if the owner or 
76.29 	applicant has been charged with a felony until the matter has been adjudicated;
76.30 	(5) for a controlled substance researcher, conviction of a felony reasonably related 
76.31 	to controlled substances or to the practice of the researcher's profession. The board may 
76.32 	delay the issuance of a registration if the applicant has been charged with a felony until 
76.33 	the matter has been adjudicated;
76.34 	(6) disciplinary action taken by another state or by one of this state's health licensing 
76.35 	agencies:
77.1 	(i) revocation, suspension, restriction, limitation, or other disciplinary action against 
77.2 	a license or registration in another state or jurisdiction, failure to report to the board that 
77.3 	charges or allegations regarding the person's license or registration have been brought in 
77.4 	another state or jurisdiction, or having been refused a license or registration by any other 
77.5 	state or jurisdiction. The board may delay the issuance of a new license or registration if 
77.6 	an investigation or disciplinary action is pending in another state or jurisdiction until the 
77.7 	investigation or action has been dismissed or otherwise resolved; and
77.8 	(ii) revocation, suspension, restriction, limitation, or other disciplinary action against 
77.9 	a license or registration issued by another of this state's health licensing agencies, failure 
77.10 	to report to the board that charges regarding the person's license or registration have been 
77.11 	brought by another of this state's health licensing agencies, or having been refused a 
77.12 	license or registration by another of this state's health licensing agencies. The board may 
77.13 	delay the issuance of a new license or registration if a disciplinary action is pending before 
77.14 	another of this state's health licensing agencies until the action has been dismissed or 
77.15 	otherwise resolved;
77.16 	(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation 
77.17 	of any order of the board, of any of the provisions of this chapter or any rules of the 
77.18 	board or violation of any federal, state, or local law or rule reasonably pertaining to the 
77.19 	practice of pharmacy;
77.20 	(8) for a facility, other than a pharmacy, licensed by the board, violations of any 
77.21 	order of the board, of any of the provisions of this chapter or the rules of the board or 
77.22 	violation of any federal, state, or local law relating to the operation of the facility;
77.23 	(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
77.24 	the public, or demonstrating a willful or careless disregard for the health, welfare, or safety 
77.25 	of a patient; or pharmacy practice that is professionally incompetent, in that it may create 
77.26 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
77.27 	of actual injury need not be established;
77.28 	(10) aiding or abetting an unlicensed person in the practice of pharmacy, except 
77.29 	that it is not a violation of this clause for a pharmacist to supervise a properly registered 
77.30 	pharmacy technician or pharmacist intern if that person is performing duties allowed 
77.31 	by this chapter or the rules of the board;
77.32 	(11) for an individual licensed or registered by the board, adjudication as mentally ill 
77.33 	or developmentally disabled, or as a chemically dependent person, a person dangerous 
77.34 	to the public, a sexually dangerous person, or a person who has a sexual psychopathic 
77.35 	personality, by a court of competent jurisdiction, within or without this state. Such 
78.1 	adjudication shall automatically suspend a license for the duration thereof unless the 
78.2 	board orders otherwise;
78.3 	(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as 
78.4 	specified in the board's rules. In the case of a pharmacy technician, engaging in conduct 
78.5 	specified in board rules that would be unprofessional if it were engaged in by a pharmacist 
78.6 	or pharmacist intern or performing duties specifically reserved for pharmacists under this 
78.7 	chapter or the rules of the board;
78.8 	(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on 
78.9 	duty except as allowed by a variance approved by the board;
78.10 	(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and 
78.11 	safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or 
78.12 	any other type of material or as a result of any mental or physical condition, including 
78.13 	deterioration through the aging process or loss of motor skills. In the case of registered 
78.14 	pharmacy technicians, pharmacist interns, or controlled substance researchers, the 
78.15 	inability to carry out duties allowed under this chapter or the rules of the board with 
78.16 	reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, 
78.17 	narcotics, chemicals, or any other type of material or as a result of any mental or physical 
78.18 	condition, including deterioration through the aging process or loss of motor skills;
78.19 	(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical 
78.20 	gas distributor, or controlled substance researcher, revealing a privileged communication 
78.21 	from or relating to a patient except when otherwise required or permitted by law;
78.22 	(16) for a pharmacist or pharmacy, improper management of patient records, 
78.23 	including failure to maintain adequate patient records, to comply with a patient's request 
78.24 	made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report 
78.25 	required by law;
78.26 	(17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, 
78.27 	kickback, or other form of remuneration, directly or indirectly, for the referral of patients 
78.28 	or the dispensing of drugs or devices;
78.29 	(18) engaging in abusive or fraudulent billing practices, including violations of the 
78.30 	federal Medicare and Medicaid laws or state medical assistance laws or rules;
78.31 	(19) engaging in conduct with a patient that is sexual or may reasonably be 
78.32 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
78.33 	demeaning to a patient;
78.34 	(20) failure to make reports as required by section 151.072 or to cooperate with an 
78.35 	investigation of the board as required by section 151.074;
79.1 	(21) knowingly providing false or misleading information that is directly related 
79.2 	to the care of a patient unless done for an accepted therapeutic purpose such as the 
79.3 	dispensing and administration of a placebo;
79.4 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
79.5 	established by any of the following:
79.6 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
79.7 	violation of section 609.215, subdivision 1 or 2;
79.8 	(ii) a copy of the record of a judgment of contempt of court for violating an 
79.9 	injunction issued under section 609.215, subdivision 4;
79.10 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
79.11 	subdivision 5; or
79.12 	(iv) a finding by the board that the person violated section 609.215, subdivision 
79.13 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
79.14 	subdivision 1 or 2;
79.15 	(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. 
79.16 	For a pharmacist intern, pharmacy technician, or controlled substance researcher, 
79.17 	performing duties permitted to such individuals by this chapter or the rules of the board 
79.18 	under a lapsed or nonrenewed registration. For a facility required to be licensed under this 
79.19 	chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
79.20 	(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination 
79.21 	or discharge from the health professional services program for reasons other than the 
79.22 	satisfactory completion of the program.
79.23 		Subd. 3.Automatic suspension. (a) A license or registration issued under this 
79.24 	chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance 
79.25 	researcher is automatically suspended if: (1) a guardian of a licensee or registrant is 
79.26 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons 
79.27 	other than the minority of the licensee or registrant; or (2) the licensee or registrant is 
79.28 	committed by order of a court pursuant to chapter 253B. The license or registration 
79.29 	remains suspended until the licensee is restored to capacity by a court and, upon petition 
79.30 	by the licensee or registrant, the suspension is terminated by the board after a hearing.
79.31 	(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the 
79.32 	board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice 
79.33 	of pharmacy, the license or registration of the regulated person may be automatically 
79.34 	suspended by the board. The license or registration will remain suspended until, upon 
79.35 	petition by the regulated individual and after a hearing, the suspension is terminated by 
79.36 	the board. The board may indefinitely suspend or revoke the license or registration of the 
80.1 	regulated individual if, after a hearing before the board, the board finds that the felonious 
80.2 	conduct would cause a serious risk of harm to the public.
80.3 	(c) For a facility that is licensed or registered by the board, upon notice to the 
80.4 	board that an owner of the facility is subject to a judgment of, or a plea of guilty to, 
80.5 	a felony reasonably related to the operation of the facility, the license or registration of 
80.6 	the facility may be automatically suspended by the board. The license or registration will 
80.7 	remain suspended until, upon petition by the facility and after a hearing, the suspension 
80.8 	is terminated by the board. The board may indefinitely suspend or revoke the license or 
80.9 	registration of the facility if, after a hearing before the board, the board finds that the 
80.10 	felonious conduct would cause a serious risk of harm to the public.
80.11 	(d) For licenses and registrations that have been suspended or revoked pursuant 
80.12 	to paragraphs (a) and (b), the regulated individual may have a license or registration 
80.13 	reinstated, either with or without restrictions, by demonstrating clear and convincing 
80.14 	evidence of rehabilitation, as provided in section 364.03. If the regulated individual has 
80.15 	the conviction subsequently overturned by court decision, the board shall conduct a 
80.16 	hearing to review the suspension within 30 days after the receipt of the court decision. 
80.17 	The regulated individual is not required to prove rehabilitation if the subsequent court 
80.18 	decision overturns previous court findings of public risk.
80.19 	(e) For licenses and registrations that have been suspended or revoked pursuant to 
80.20 	paragraph (c), the regulated facility may have a license or registration reinstated, either with 
80.21 	or without restrictions, conditions, or limitations, by demonstrating clear and convincing 
80.22 	evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the 
80.23 	convicted owner has the conviction subsequently overturned by court decision, the board 
80.24 	shall conduct a hearing to review the suspension within 30 days after receipt of the court 
80.25 	decision. The regulated facility is not required to prove rehabilitation of the convicted 
80.26 	owner if the subsequent court decision overturns previous court findings of public risk.
80.27 	(f) The board may, upon majority vote of a quorum of its appointed members, 
80.28 	suspend the license or registration of a regulated individual without a hearing if the 
80.29 	regulated individual fails to maintain a current name and address with the board, as 
80.30 	described in paragraphs (h) and (i), while the regulated individual is: (1) under board 
80.31 	investigation, and a notice of conference has been issued by the board; (2) party to a 
80.32 	contested case with the board; (3) party to an agreement for corrective action with the 
80.33 	board; or (4) under a board order for disciplinary action. The suspension shall remain 
80.34 	in effect until lifted by the board to the board's receipt of a petition from the regulated 
80.35 	individual, along with the current name and address of the regulated individual.
81.1 	(g) The board may, upon majority vote of a quorum of its appointed members, 
81.2 	suspend the license or registration of a regulated facility without a hearing if the regulated 
81.3 	facility fails to maintain a current name and address of the owner of the facility with the 
81.4 	board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under 
81.5 	board investigation, and a notice of conference has been issued by the board; (2) party 
81.6 	to a contested case with the board; (3) party to an agreement for corrective action with 
81.7 	the board; or (4) under a board order for disciplinary action. The suspension shall remain 
81.8 	in effect until lifted by the board pursuant to the board's receipt of a petition from the 
81.9 	regulated facility, along with the current name and address of the owner of the facility.
81.10 	(h) An individual licensed or registered by the board shall maintain a current name 
81.11 	and home address with the board and shall notify the board in writing within 30 days of 
81.12 	any change in name or home address. An individual regulated by the board shall also 
81.13 	maintain a current business address with the board as required by section 214.073. For 
81.14 	an individual, if a name change only is requested, the regulated individual must request 
81.15 	a revised license or registration. The board may require the individual to substantiate 
81.16 	the name change by submitting official documentation from a court of law or agency 
81.17 	authorized under law to receive and officially record a name change. In the case of an 
81.18 	individual, if an address change only is requested, no request for a revised license or 
81.19 	registration is required. If the current license or registration of an individual has been lost, 
81.20 	stolen, or destroyed, the individual shall provide a written explanation to the board.
81.21 	(i) A facility licensed or registered by the board shall maintain a current name and 
81.22 	address with the board. A facility shall notify the board in writing within 30 days of any 
81.23 	change in name. A facility licensed or registered by the board but located outside of the 
81.24 	state must notify the board within 30 days of an address change. A facility licensed or 
81.25 	registered by the board and located within the state must notify the board at least 60 
81.26 	days in advance of a change of address that will result from the move of the facility to a 
81.27 	different location and must pass an inspection at the new location as required by the board. 
81.28 	If the current license or registration of a facility has been lost, stolen, or destroyed, the 
81.29 	facility shall provide a written explanation to the board.
81.30 		Subd. 4.Effective dates. A suspension, revocation, condition, limitation, 
81.31 	qualification, or restriction of a license or registration shall be in effect pending 
81.32 	determination of an appeal.
81.33 		Subd. 5.Conditions on reissued license. In its discretion, the board may restore 
81.34 	and reissue a license or registration issued under this chapter, but as a condition thereof 
81.35 	may impose any disciplinary or corrective measure that it might originally have imposed.
82.1 		Subd. 6.Temporary suspension of license for pharmacists. In addition to any 
82.2 	other remedy provided by law, the board may, without a hearing, temporarily suspend the 
82.3 	license of a pharmacist if the board finds that the pharmacist has violated a statute or rule 
82.4 	that the board is empowered to enforce and continued practice by the pharmacist would 
82.5 	create a serious risk of harm to the public. The suspension shall take effect upon written 
82.6 	notice to the pharmacist, specifying the statute or rule violated. The suspension shall 
82.7 	remain in effect until the board issues a final order in the matter after a hearing. At the 
82.8 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
82.9 	held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with 
82.10 	at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall 
82.11 	be scheduled to begin no later than 30 days after the issuance of the suspension order.
82.12 		Subd. 7.Temporary suspension of license for pharmacist interns, pharmacy 
82.13 	technicians, and controlled substance researchers. In addition to any other remedy 
82.14 	provided by law, the board may, without a hearing, temporarily suspend the registration of 
82.15 	a pharmacist intern, pharmacy technician, or controlled substance researcher if the board 
82.16 	finds that the registrant has violated a statute or rule that the board is empowered to enforce 
82.17 	and continued registration of the registrant would create a serious risk of harm to the 
82.18 	public. The suspension shall take effect upon written notice to the registrant, specifying 
82.19 	the statute or rule violated. The suspension shall remain in effect until the board issues a 
82.20 	final order in the matter after a hearing. At the time it issues the suspension notice, the 
82.21 	board shall schedule a disciplinary hearing to be held pursuant to the Administrative 
82.22 	Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of 
82.23 	any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no 
82.24 	later than 30 days after the issuance of the suspension order.
82.25 		Subd. 8.Temporary suspension of license for pharmacies, drug wholesalers, 
82.26 	drug manufacturers, medical gas manufacturers, and medical gas distributors.
 82.27 	In addition to any other remedy provided by law, the board may, without a hearing, 
82.28 	temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug 
82.29 	manufacturer, medical gas manufacturer, or medical gas distributor if the board finds 
82.30 	that the licensee or registrant has violated a statute or rule that the board is empowered 
82.31 	to enforce and continued operation of the licensed facility would create a serious risk of 
82.32 	harm to the public. The suspension shall take effect upon written notice to the licensee or 
82.33 	registrant, specifying the statute or rule violated. The suspension shall remain in effect 
82.34 	until the board issues a final order in the matter after a hearing. At the time it issues the 
82.35 	suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to 
82.36 	the Administrative Procedure Act. The licensee or registrant shall be provided with at 
83.1 	least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
83.2 	scheduled to begin no later than 30 days after the issuance of the suspension order.
83.3 		Subd. 9.Evidence. In disciplinary actions alleging a violation of subdivision 2, 
83.4 	clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court 
83.5 	administrator or of the administrative agency that entered the same shall be admissible 
83.6 	into evidence without further authentication and shall constitute prima facie evidence 
83.7 	of the contents thereof.
83.8 		Subd. 10.Mental examination; access to medical data. If the board has probable 
83.9 	cause to believe that an individual licensed or registered by the board falls under 
83.10 	subdivision 2, clause (14), it may direct the individual to submit to a mental or physical 
83.11 	examination. For the purpose of this subdivision, every licensed or registered individual is 
83.12 	deemed to have consented to submit to a mental or physical examination when directed in 
83.13 	writing by the board and further to have waived all objections to the admissibility of the 
83.14 	examining practitioner's testimony or examination reports on the grounds that the same 
83.15 	constitute a privileged communication. Failure of a licensed or registered individual to 
83.16 	submit to an examination when directed constitutes an admission of the allegations against 
83.17 	the individual, unless the failure was due to circumstances beyond the individual's control, 
83.18 	in which case a default and final order may be entered without the taking of testimony or 
83.19 	presentation of evidence. Pharmacists affected under this paragraph shall at reasonable 
83.20 	intervals be given an opportunity to demonstrate that they can resume the competent 
83.21 	practice of the profession of pharmacy with reasonable skill and safety to the public. 
83.22 	Pharmacist interns, pharmacy technicians, or controlled substance researchers affected 
83.23 	under this paragraph shall at reasonable intervals be given an opportunity to demonstrate 
83.24 	that they can competently resume the duties that can be performed, under this chapter or 
83.25 	the rules of the board, by similarly registered persons with reasonable skill and safety to 
83.26 	the public. In any proceeding under this paragraph, neither the record of proceedings nor 
83.27 	the orders entered by the board shall be used against a licensed or registered individual 
83.28 	in any other proceeding.
83.29 		Subd. 11.Tax clearance certificate. (a) In addition to the provisions of subdivision 
83.30 	1, the board may not issue or renew a license or registration if the commissioner of 
83.31 	revenue notifies the board and the licensee or applicant for a license that the licensee or 
83.32 	applicant owes the state delinquent taxes in the amount of $500 or more. The board may 
83.33 	issue or renew the license or registration only if (1) the commissioner of revenue issues a 
83.34 	tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or 
83.35 	applicant forwards a copy of the clearance to the board. The commissioner of revenue 
84.1 	may issue a clearance certificate only if the licensee, registrant, or applicant does not owe 
84.2 	the state any uncontested delinquent taxes.
84.3 	(b) For purposes of this subdivision, the following terms have the meanings given.
84.4 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
84.5 	and interest due on those taxes.
84.6 	(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court 
84.7 	action that contests the amount or validity of the liability has been filed or served, (ii) the 
84.8 	appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant 
84.9 	has entered into a payment agreement to pay the liability and is current with the payments.
84.10 	(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, 
84.11 	registrant, or applicant is required to obtain a clearance certificate under this subdivision, 
84.12 	a contested case hearing must be held if the licensee or applicant requests a hearing in 
84.13 	writing to the commissioner of revenue within 30 days of the date of the notice provided 
84.14 	in paragraph (a). The hearing must be held within 45 days of the date the commissioner of 
84.15 	revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law 
84.16 	to the contrary, the licensee or applicant must be served with 20 days' notice in writing 
84.17 	specifying the time and place of the hearing and the allegations against the licensee or 
84.18 	applicant. The notice may be served personally or by mail.
84.19 	(d) A licensee or applicant must provide the licensee's or applicant's Social Security 
84.20 	number and Minnesota business identification number on all license applications. Upon 
84.21 	request of the commissioner of revenue, the board must provide to the commissioner of 
84.22 	revenue a list of all licensees and applicants that includes the licensee's or applicant's 
84.23 	name, address, Social Security number, and business identification number. The 
84.24 	commissioner of revenue may request a list of the licensees and applicants no more than 
84.25 	once each calendar year.
84.26 		Subd. 12.Limitation. No board proceeding against a regulated person or facility 
84.27 	shall be instituted unless commenced within seven years from the date of the commission 
84.28 	of some portion of the offense or misconduct complained of except for alleged violations 
84.29 	of subdivision 2, clause (21).

84.30 	Sec. 4. [151.072] REPORTING OBLIGATIONS.
84.31 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
84.32 	constituting grounds for discipline under the provisions of this chapter or the rules of the 
84.33 	board may report the violation to the board.
84.34 		Subd. 2.Pharmacies. A pharmacy located in this state must report to the board any 
84.35 	discipline that is related to an incident involving conduct that would constitute grounds 
85.1 	for discipline under the provisions of this chapter or the rules of the board, that is taken 
85.2 	by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or 
85.3 	pharmacy technician, including the termination of employment of the individual or the 
85.4 	revocation, suspension, restriction, limitation, or conditioning of an individual's ability 
85.5 	to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the 
85.6 	resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of 
85.7 	any disciplinary proceeding, or prior to the commencement of formal charges but after the 
85.8 	individual had knowledge that formal charges were contemplated or in preparation. Each 
85.9 	report made under this subdivision must state the nature of the action taken and state in 
85.10 	detail the reasons for the action. Failure to report violations as required by this subdivision 
85.11 	is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
85.12 		Subd. 3.Licensees and registrants of the board. A licensee or registrant of 
85.13 	the board shall report to the board personal knowledge of any conduct that the person 
85.14 	reasonably believes constitutes grounds for disciplinary action under this chapter or 
85.15 	the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or 
85.16 	controlled substance researcher, including any conduct indicating that the person may be 
85.17 	professionally incompetent, or may have engaged in unprofessional conduct or may be 
85.18 	medically or physically unable to engage safely in the practice of pharmacy or to carry 
85.19 	out the duties permitted to the person by this chapter or the rules of the board. Failure 
85.20 	to report violations as required by this subdivision is a basis for discipline pursuant to 
85.21 	section 151.071, subdivision 2, clause (20).
85.22 		Subd. 4.Courts. The court administrator of a district court or any other court of 
85.23 	competent jurisdiction shall report to the board any judgment or other determination of 
85.24 	the court that: adjudges or includes a finding that a licensee or registrant of the board is 
85.25 	mentally ill, mentally incompetent, guilty of a felony, or guilty of a violation of federal 
85.26 	or state narcotics laws or controlled substances act, guilty of an abuse or fraud under 
85.27 	Medicare or Medicaid; appoints a guardian of the licensee or registrant pursuant to sections 
85.28 	524.5-101 to 524.5-502; or commits a licensee or registrant pursuant to chapter 253B.
85.29 		Subd. 5.Self-reporting. A licensee or registrant of the board shall report to the 
85.30 	board any personal action that would require that a report be filed with the board pursuant 
85.31 	to subdivision 2 or 4.
85.32 		Subd. 6.Deadlines; forms. Reports required by subdivisions 2 to 5 must be 
85.33 	submitted not later than 30 days after the occurrence of the reportable event or transaction. 
85.34 	The board may provide forms for the submission of reports required by this section, may 
85.35 	require that reports be submitted on the forms provided, and may adopt rules necessary 
85.36 	to assure prompt and accurate reporting.
86.1 		Subd. 7.Subpoenas. The board may issue subpoenas for the production of any 
86.2 	reports required by subdivisions 2 to 5 or any related documents.

86.3 	Sec. 5. [151.073] IMMUNITY.
86.4 	Any person, health care facility, business, or organization is immune from civil 
86.5 	liability or criminal prosecution for submitting in good faith a report to the board under 
86.6 	section 151.072 or for otherwise reporting in good faith to the board violations or alleged 
86.7 	violations of this chapter or the rules of the board. All such reports are investigative 
86.8 	data pursuant to chapter 13.

86.9 	Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
86.10 	An individual who is licensed or registered by the board, who is the subject of an 
86.11 	investigation by or on behalf of the board, shall cooperate fully with the investigation. 
86.12 	An owner or employee of a facility that is licensed or registered by the board, when the 
86.13 	facility is the subject of an investigation by or on behalf of the board, shall cooperate 
86.14 	fully with the investigation. Cooperation includes responding fully and promptly to any 
86.15 	question raised by, or on behalf of, the board relating to the subject of the investigation and 
86.16 	providing copies of patient pharmacy records and other relevant records, as reasonably 
86.17 	requested by the board, to assist the board in its investigation. The board shall maintain 
86.18 	any records obtained pursuant to this section as investigative data pursuant to chapter 13.

86.19 	Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
86.20 	Upon judicial review of any board disciplinary action taken under this chapter, the 
86.21 	reviewing court shall seal the administrative record, except for the board's final decision, 
86.22 	and shall not make the administrative record available to the public.

86.23 	Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
86.24 	151.211 RECORDS OF PRESCRIPTIONS.
86.25 		Subdivision 1.Retention of prescription drug orders. All prescriptions dispensed
86.26 	 prescription drug orders shall be kept on file at the location in from which such dispensing 
86.27 	occurred of the ordered drug occurs for a period of at least two years. Prescription drug 
86.28 	orders that are electronically prescribed must be kept on file in the format in which 
86.29 	they were originally received. Written or printed prescription drug orders and verbal 
86.30 	prescription drug orders reduced to writing, must be kept on file as received or transcribed, 
86.31 	except that such orders may be kept in an electronic format as allowed by the board. 
86.32 	Electronic systems used to process and store prescription drug orders must be compliant 
87.1 	with the requirements of this chapter and the rules of the board. Prescription drug orders 
87.2 	that are stored in an electronic format, as permitted by this subdivision, may be kept on 
87.3 	file at a remote location provided that they are readily and securely accessible from the 
87.4 	location at which dispensing of the ordered drug occurred.
87.5 		Subd. 2.Refill requirements. No A prescription shall drug order may be refilled 
87.6 	except only with the written, electronic, or verbal consent of the prescriber and in 
87.7 	accordance with the requirements of this chapter, the rules of the board, and where 
87.8 	applicable, section 152.11. The date of such refill must be recorded and initialed upon 
87.9 	the original prescription drug order, or within the electronically maintained record of the 
87.10 	original prescription drug order, by the pharmacist, pharmacist intern, or practitioner 
87.11 	who refills the prescription.

87.12 	Sec. 9. [151.251] COMPOUNDING.
87.13 		Subdivision 1.Exemption from manufacturing licensure requirement. Section 
87.14 	151.252 shall not apply to:
87.15 	(1) a practitioner engaged in extemporaneous compounding, anticipatory 
87.16 	compounding, or compounding not done pursuant to a prescription drug order when 
87.17 	permitted by this chapter or the rules of the board; and
87.18 	(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, 
87.19 	anticipatory compounding, or compounding not done pursuant to a prescription drug order 
87.20 	when permitted by this chapter or the rules of the board.
87.21 		Subd. 2.Compounded drug. A drug product may be compounded under this 
87.22 	section if a pharmacist or practitioner:
87.23 	(a) compounds the drug product using bulk drug substances, as defined in the federal 
87.24 	regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
87.25 	(1) that:
87.26 	(i) comply with the standards of an applicable United States Pharmacopoeia 
87.27 	or National Formulary monograph, if a monograph exists, and the United States 
87.28 	Pharmacopoeia chapter on pharmacy compounding;
87.29 	(ii) if such a monograph does not exist, are drug substances that are components of 
87.30 	drugs approved for use in this country by the United States Food and Drug Administration; 
87.31 	or
87.32 	(iii) if such a monograph does not exist and the drug substance is not a component of 
87.33 	a drug approved for use in this country by the United States Food and Drug Administration, 
87.34 	that appear on a list developed by the United States Food and Drug Administration through 
88.1 	regulations issued by the secretary of the federal Department of Health and Human 
88.2 	Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d);
88.3 	(2) that are manufactured by an establishment that is registered under section 360 
88.4 	of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is 
88.5 	registered under section 360(i) of that act; and
88.6 	(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
88.7 	(b) compounds the drug product using ingredients, other than bulk drug substances, 
88.8 	that comply with the standards of an applicable United States Pharmacopoeia or National 
88.9 	Formulary monograph, if a monograph exists, and the United States Pharmacopoeia 
88.10 	chapters on pharmacy compounding;
88.11 	(c) does not compound a drug product that appears on a list published by the secretary 
88.12 	of the federal Department of Health and Human Services in the Federal Register of drug 
88.13 	products that have been withdrawn or removed from the market because such drug products 
88.14 	or components of such drug products have been found to be unsafe or not effective;
88.15 	(d) does not compound any drug products that are essentially copies of a 
88.16 	commercially available drug product; and
88.17 	(e) does not compound any drug product that has been identified pursuant to 
88.18 	United States Code, title 21, section 353a, as a drug product that presents demonstrable 
88.19 	difficulties for compounding that reasonably demonstrate an adverse effect on the safety 
88.20 	or effectiveness of that drug product.
88.21 	The term "essentially a copy of a commercially available drug product" does not 
88.22 	include a drug product in which there is a change, made for an identified individual 
88.23 	patient, that produces for that patient a significant difference, as determined by the 
88.24 	prescribing practitioner, between the compounded drug and the comparable commercially 
88.25 	available drug product.
88.26 		Subd. 3.Exceptions. This section shall not apply to:
88.27 	(1) compounded positron emission tomography drugs as defined in section 151.01, 
88.28 	subdivision 38; or
88.29 	(2) radiopharmaceuticals.

88.30 	Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding 
88.31 	a subdivision to read:
88.32 		Subd. 1a.Outsourcing facility. (a) No person shall act as an outsourcing facility 
88.33 	without first obtaining a license from the board and paying any applicable manufacturer 
88.34 	licensing fee specified in section 151.065.
89.1 	(b) Application for an outsourcing facility license under this section shall be made 
89.2 	in a manner specified by the board and may differ from the application required of other 
89.3 	drug manufacturers.
89.4 	(c) No license shall be issued or renewed for an outsourcing facility unless the 
89.5 	applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and 
89.6 	state law and according to Minnesota Rules.
89.7 	(d) No license shall be issued or renewed for an outsourcing facility unless the 
89.8 	applicant supplies the board with proof of such registration by the United States Food and 
89.9 	Drug Administration as required by United States Code, title 21, section 353b.
89.10 	(e) No license shall be issued or renewed for an outsourcing facility that is required 
89.11 	to be licensed or registered by the state in which it is physically located unless the 
89.12 	applicant supplies the board with proof of such licensure or registration. The board may 
89.13 	establish, by rule, standards for the licensure of an outsourcing facility that is not required 
89.14 	to be licensed or registered by the state in which it is physically located.
89.15 	(f) The board shall require a separate license for each outsourcing facility located 
89.16 	within the state and for each outsourcing facility located outside of the state at which drugs 
89.17 	that are shipped into the state are prepared.
89.18 	(g) The board shall not issue an initial or renewed license for an outsourcing facility 
89.19 	unless the facility passes an inspection conducted by an authorized representative of the 
89.20 	board. In the case of an outsourcing facility located outside of the state, the board may 
89.21 	require the applicant to pay the cost of the inspection, in addition to the license fee in 
89.22 	section 151.065, unless the applicant furnishes the board with a report, issued by the 
89.23 	appropriate regulatory agency of the state in which the facility is located or by the United 
89.24 	States Food and Drug Administration, of an inspection that has occurred within the 24 
89.25 	months immediately preceding receipt of the license application by the board. The board 
89.26 	may deny licensure unless the applicant submits documentation satisfactory to the board 
89.27 	that any deficiencies noted in an inspection report have been corrected.

89.28 	Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
89.29 	151.26 EXCEPTIONS.
89.30 		Subdivision 1.Generally. Nothing in this chapter shall subject a person duly 
89.31 	licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 
89.32 	by the State Board of Pharmacy, nor prevent the person from administering drugs, 
89.33 	medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 
89.34 	practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 
89.35 	chemicals, or poisons as may be considered appropriate in the treatment of such patient; 
90.1 	unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 
90.2 	provides reasonable notice of an inspection.
90.3 	Except for the provisions of section 151.37, nothing in this chapter applies to or 
90.4 	interferes with the dispensing, in its original package and at no charge to the patient, of a 
90.5 	legend drug, other than a controlled substance, that was packaged by a manufacturer and 
90.6 	provided to the dispenser for distribution as a professional sample.
90.7 	Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 
90.8 	poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 
90.9 	practice, nor to hospitals for use therein.
90.10 	Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 
90.11 	at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 
90.12 	sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 
90.13 	this chapter shall prevent the sale of common household preparations and other drugs, 
90.14 	chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided 
90.15 	that this exception does not apply to any compound, substance, or derivative that is not 
90.16 	approved for human consumption by the United States Food and Drug Administration 
90.17 	or specifically permitted for human consumption under Minnesota law that, when 
90.18 	introduced into the body, induces an effect similar to that of a Schedule I or Schedule II 
90.19 	controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, 
90.20 	parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the 
90.21 	purpose of human consumption.
90.22 	Nothing in this chapter shall apply to or interfere with the vending or retailing of 
90.23 	any nonprescription medicine or drug not otherwise prohibited by statute which that is 
90.24 	prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 
90.25 	labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 
90.26 	to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 
90.27 	cosmetics, perfumes, spices, and other commonly used household articles of a chemical 
90.28 	nature, for use for nonmedicinal purposes.; provided that this exception does not apply 
90.29 	to any compound, substance, or derivative that is not approved for human consumption 
90.30 	by the United States Food and Drug Administration or specifically permitted for human 
90.31 	consumption under Minnesota law that, when introduced into the body, induces an effect 
90.32 	similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, 
90.33 	subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of 
90.34 	whether the substance is marketed for the purpose of human consumption. Nothing in 
90.35 	this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 
90.36 	discount to persons over 65 years of age.

91.1 	Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
91.2 	151.34 PROHIBITED ACTS.
91.3 	It shall be unlawful to:
91.4 	(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated 
91.5 	or misbranded;
91.6 	(2) adulterate or misbrand any drug;
91.7 	(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or 
91.8 	proffer delivery thereof for pay or otherwise;
91.9 	(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to 
91.10 	permit access to or copying of any record as authorized by this chapter;
91.11 	(5) remove or dispose of a detained or embargoed article in violation of this chapter;
91.12 	(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling 
91.13 	of, or to do any other act with respect to a drug, if such act is done while such drug is held 
91.14 	for sale and results in such drug being adulterated or misbranded;
91.15 	(7) use for a person's own advantage or to reveal other than to the board or its 
91.16 	authorized representative or to the courts when required in any judicial proceeding under 
91.17 	this chapter any information acquired under authority of this chapter concerning any 
91.18 	method or process which that is a trade secret and entitled to protection;
91.19 	(8) use on the labeling of any drug any representation or suggestion that an 
91.20 	application with respect to such drug is effective under the federal act or that such drug 
91.21 	complies with such provisions;
91.22 	(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale 
91.23 	within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed 
91.24 	by applicable law to administer such drug who makes written request for information as to 
91.25 	such drug, true and correct copies of all printed matter which that is required to be included 
91.26 	in any package in which that drug is distributed or sold, or such other printed matter as is 
91.27 	approved under the federal act. Nothing in this paragraph shall be construed to exempt 
91.28 	any person from any labeling requirement imposed by or under provisions of this chapter;
91.29 	(10) conduct a pharmacy without a pharmacist in charge;
91.30 	(11) dispense a legend drug without first obtaining a valid prescription for that drug;
91.31 	(12) conduct a pharmacy without proper registration with the board;
91.32 	(13) practice pharmacy without being licensed to do so by the board; or
91.33 	(14) sell at retail federally restricted medical gases without proper registration with 
91.34 	the board except as provided in this chapter.; or
91.35 	(15) sell any compound, substance, or derivative that is not approved for human 
91.36 	consumption by the United States Food and Drug Administration or specifically permitted 
92.1 	for human consumption under Minnesota law that, when introduced into the body, induces 
92.2 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
92.3 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
92.4 	regardless of whether the substance is marketed for the purpose of human consumption.

92.5 	Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
92.6 	151.35 DRUGS, ADULTERATION.
92.7 	A drug shall be deemed to be adulterated:
92.8 	(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or 
92.9 	if it has been produced, prepared, packed, or held under unsanitary conditions whereby it 
92.10 	may have been rendered injurious to health, or whereby it may have been contaminated 
92.11 	with filth; or if the methods used in, or the facilities or controls used for, its manufacture, 
92.12 	processing, packing, or holding do not conform to or are not operated or administered 
92.13 	in conformity with current good manufacturing practice as required under the federal 
92.14 	act to assure that such drug is safe and has the identity, strength, quality, and purity 
92.15 	characteristics, which it purports or is represented to possess; or the facility in which it 
92.16 	was produced was not registered by the United States Food and Drug Administration or 
92.17 	licensed by the board; or, its container is composed, in whole or in part, of any poisonous 
92.18 	or deleterious substance which may render the contents injurious to health; or it bears 
92.19 	or contains, for purposes of coloring only, a color additive which is unsafe within the 
92.20 	meaning of the federal act, or it is a color additive, the intended use of which in or on drugs 
92.21 	is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
92.22 	(2) if it purports to be or is represented as a drug the name of which is recognized in 
92.23 	the United States Pharmacopoeia or the National Formulary, and its strength differs from, 
92.24 	or its quality or purity falls below, the standard set forth therein. Such determination as 
92.25 	to strength, quality, or purity shall be made in accordance with the tests or methods of 
92.26 	assay set forth in such compendium, or in the absence of or inadequacy of such tests or 
92.27 	methods of assay, those prescribed under authority of the federal act. No drug defined 
92.28 	in the United States Pharmacopoeia or the National Formulary shall be deemed to be 
92.29 	adulterated under this paragraph because it differs from the standard of strength, quality, 
92.30 	or purity therefor set forth in such compendium, if its difference in strength, quality, or 
92.31 	purity from such standard is plainly stated on its label;
92.32 	(3) if it is not subject to the provisions of paragraph (2) of this section and its 
92.33 	strength differs from, or its purity or quality differs from that which it purports or is 
92.34 	represented to possess;
93.1 	(4) if any substance has been mixed or packed therewith so as to reduce its quality or 
93.2 	strength, or substituted wholly or in part therefor.

93.3 	Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
93.4 		Subd. 2.After January 1, 1983. (a) No legend drug in solid oral dosage form 
93.5 	may be manufactured, packaged or distributed for sale in this state after January 1, 1983 
93.6 	unless it is clearly marked or imprinted with a symbol, number, company name, words, 
93.7 	letters, national drug code or other mark uniquely identifiable to that drug product. An 
93.8 	identifying mark or imprint made as required by federal law or by the federal Food and 
93.9 	Drug Administration shall be deemed to be in compliance with this section.
93.10 	(b) The Board of Pharmacy may grant exemptions from the requirements of this 
93.11 	section on its own initiative or upon application of a manufacturer, packager, or distributor 
93.12 	indicating size or other characteristics which that render the product impractical for the 
93.13 	imprinting required by this section.
93.14 	(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
93.15 	(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 
93.16 	January 1, 1983, and held in stock for resale.
93.17 	(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 
93.18 	law to prescribe or administer drugs and which are to be used solely by the patient for 
93.19 	whom prescribed.

93.20 	Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 
93.21 	43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 
93.22 	10, section 5, is amended to read:
93.23 	151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
93.24 		Subdivision 1.Prohibition. Except as otherwise provided in this chapter, it shall be 
93.25 	unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 
93.26 	distribute a legend drug.
93.27 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
93.28 	professional practice only, may prescribe, administer, and dispense a legend drug, and 
93.29 	may cause the same to be administered by a nurse, a physician assistant, or medical 
93.30 	student or resident under the practitioner's direction and supervision, and may cause a 
93.31 	person who is an appropriately certified, registered, or licensed health care professional 
93.32 	to prescribe, dispense, and administer the same within the expressed legal scope of the 
93.33 	person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 
93.34 	legend drug, without reference to a specific patient, by directing a licensed dietitian or 
94.1 	licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 
94.2 	subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 
94.3 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
94.4 	protocol when treating patients whose condition falls within such guideline or protocol, 
94.5 	and when such guideline or protocol specifies the circumstances under which the legend 
94.6 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
94.7 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
94.8 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
94.9 	assistant only if the physician assistant meets the requirements of section 147A.18.
94.10 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
94.11 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
94.12 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
94.13 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
94.14 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
94.15 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
94.16 	to control tuberculosis and other communicable diseases. The commissioner may modify 
94.17 	state drug labeling requirements, and medical screening criteria and documentation, where 
94.18 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
94.19 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
94.20 	and mortality.
94.21 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
94.22 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
94.23 	file with the practitioner's licensing board a statement indicating that the practitioner 
94.24 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
94.25 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
94.26 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
94.27 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
94.28 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
94.29 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
94.30 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
94.31 	making the drug available if the legend drug requires compounding, packaging, or other 
94.32 	treatment. The statement filed under this paragraph is public data under section 13.03. 
94.33 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
94.34 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
94.35 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
95.1 	To dispense for profit does not include dispensing by a community health clinic when the 
95.2 	profit from dispensing is used to meet operating expenses.
95.3 	(d) A prescription or drug order for the following drugs is not valid, unless it can 
95.4 	be established that the prescription or drug order was based on a documented patient 
95.5 	evaluation, including an examination, adequate to establish a diagnosis and identify 
95.6 	underlying conditions and contraindications to treatment:
95.7 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
95.8 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
95.9 	152.02, subdivisions 7, 8, and 12;
95.10 	(3) muscle relaxants;
95.11 	(4) centrally acting analgesics with opioid activity;
95.12 	(5) drugs containing butalbital; or
95.13 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
95.14 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
95.15 	met if an in-person examination has been completed in any of the following circumstances:
95.16 	(1) the prescribing practitioner examines the patient at the time the prescription 
95.17 	or drug order is issued;
95.18 	(2) the prescribing practitioner has performed a prior examination of the patient;
95.19 	(3) another prescribing practitioner practicing within the same group or clinic as the 
95.20 	prescribing practitioner has examined the patient;
95.21 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
95.22 	patient has examined the patient; or
95.23 	(5) the referring practitioner has performed an examination in the case of a 
95.24 	consultant practitioner issuing a prescription or drug order when providing services by 
95.25 	means of telemedicine.
95.26 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
95.27 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
95.28 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
95.29 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
95.30 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
95.31 	United States Centers for Disease Control.
95.32 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
95.33 	of legend drugs through a public health clinic or other distribution mechanism approved 
95.34 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
95.35 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
95.36 	biological, chemical, or radiological agent.
96.1 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
96.2 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
96.3 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
96.4 	valid under paragraph (d).
96.5 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
96.6 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
96.7 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
96.8 	expected to know, is not valid under paragraph (d).
96.9 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
96.10 	practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 
96.11 	a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 
96.12 	treatment of a communicable disease according to the Centers For Disease Control and 
96.13 	Prevention Partner Services Guidelines.
96.14 		Subd. 2a.Delegation. A supervising physician may delegate to a physician assistant 
96.15 	who is registered with the Board of Medical Practice and certified by the National 
96.16 	Commission on Certification of Physician Assistants and who is under the supervising 
96.17 	physician's supervision, the authority to prescribe, dispense, and administer legend drugs 
96.18 	and medical devices, subject to the requirements in chapter 147A and other requirements 
96.19 	established by the Board of Medical Practice in rules.
96.20 		Subd. 3.Veterinarians. A licensed doctor of veterinary medicine, in the course of 
96.21 	professional practice only and not for use by a human being, may personally prescribe, 
96.22 	administer, and dispense a legend drug, and may cause the same to be administered or 
96.23 	dispensed by an assistant under the doctor's direction and supervision.
96.24 		Subd. 4.Research. (a) Any qualified person may use legend drugs in the course 
96.25 	of a bona fide research project, but cannot administer or dispense such drugs to human 
96.26 	beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 
96.27 	authorized to do so.
96.28 	(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 
96.29 	use by, or administration to, patients enrolled in a bona fide research study that is being 
96.30 	conducted pursuant to either an investigational new drug application approved by the 
96.31 	United States Food and Drug Administration or that has been approved by an institutional 
96.32 	review board. For the purposes of this subdivision only:
96.33 	(1) a prescription drug order is not required for a pharmacy to dispense a research 
96.34 	drug, unless the study protocol requires the pharmacy to receive such an order;
97.1 	(2) notwithstanding the prescription labeling requirements found in this chapter or 
97.2 	the rules promulgated by the board, a research drug may be labeled as required by the 
97.3 	study protocol; and
97.4 	(3) dispensing and distribution of research drugs by pharmacies shall not be 
97.5 	considered compounding, manufacturing, or wholesaling under this chapter.; and
97.6 	(4) a pharmacy may compound drugs for research studies as provided in 
97.7 	this subdivision but must follow applicable standards established by United States 
97.8 	Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
97.9 	(c) An entity that is under contract to a federal agency for the purpose of distributing 
97.10 	drugs for bona fide research studies is exempt from the drug wholesaler licensing 
97.11 	requirements of this chapter. Any other entity is exempt from the drug wholesaler 
97.12 	licensing requirements of this chapter if the board finds that the entity is licensed or 
97.13 	registered according to the laws of the state in which it is physically located and it is 
97.14 	distributing drugs for use by, or administration to, patients enrolled in a bona fide research 
97.15 	study that is being conducted pursuant to either an investigational new drug application 
97.16 	approved by the United States Food and Drug Administration or that has been approved 
97.17 	by an institutional review board.
97.18 		Subd. 5.Exclusion for course of practice. Nothing in this chapter shall prohibit 
97.19 	the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 
97.20 	manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 
97.21 	bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 
97.22 	practitioners while acting within the course of their practice only.
97.23 		Subd. 6.Exclusion for course of employment. (a) Nothing in this chapter shall 
97.24 	prohibit the possession of a legend drug by an employee, agent, or sales representative of 
97.25 	a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 
97.26 	or registered pharmacy, while acting in the course of employment.
97.27 	(b) Nothing in this chapter shall prohibit the following entities from possessing a 
97.28 	legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
97.29 	(1) a law enforcement officer;
97.30 	(2) a hazardous waste transporter licensed by the Department of Transportation;
97.31 	(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 
97.32 	hazardous waste, including household hazardous waste;
97.33 	(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 
97.34 	very small quantity generator collection program or a minimal generator;
98.1 	(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 
98.2 	a program in compliance with applicable federal law or a person authorized by the county 
98.3 	to conduct one or more of these activities; or
98.4 	(6) a sanitary district organized under chapter 115, or a special law.
98.5 		Subd. 7.Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 
98.6 	possession of a legend drug by a person for that person's use when it has been dispensed to 
98.7 	the person in accordance with a valid prescription issued by a practitioner.
98.8 	(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 
98.9 	been dispensed in accordance with a written or oral prescription by a practitioner, from 
98.10 	designating a family member, caregiver, or other individual to handle the legend drug for 
98.11 	the purpose of assisting the person in obtaining or administering the drug or sending 
98.12 	the drug for destruction.
98.13 	(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 
98.14 	been dispensed in accordance with a valid prescription issued by a practitioner from 
98.15 	transferring the legend drug to a county that collects, stores, transports, or disposes of a 
98.16 	legend drug pursuant to a program in compliance with applicable federal law or to a 
98.17 	person authorized by the county to conduct one or more of these activities.
98.18 		Subd. 8.Misrepresentation. It is unlawful for a person to procure, attempt to 
98.19 	procure, possess, or control a legend drug by any of the following means:
98.20 	(1) deceit, misrepresentation, or subterfuge;
98.21 	(2) using a false name; or
98.22 	(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 
98.23 	wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 
98.24 	obtaining a legend drug.
98.25 		Subd. 9.Exclusion for course of laboratory employment. Nothing in this chapter 
98.26 	shall prohibit the possession of a legend drug by an employee or agent of a registered 
98.27 	analytical laboratory while acting in the course of laboratory employment.
98.28 		Subd. 10.Purchase of drugs and other agents by commissioner of health. The 
98.29 	commissioner of health, in preparation for and in carrying out the duties of sections 
98.30 	144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 
98.31 	drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 
98.32 	antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 
98.33 	communicable disease.
98.34 		Subd. 10a.Emergency use authorizations. Nothing in this chapter shall prohibit 
98.35 	the purchase, possession, or use of a legend drug by an entity acting according to an 
98.36 	emergency use authorization issued by the United States Food and Drug Administration 
99.1 	pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically 
99.2 	tasked in a public health response plan to perform critical functions necessary to support 
99.3 	the response to a public health incident or event.
99.4 		Subd. 11.Complaint reporting Exclusion for health care educational programs.
 99.5 	The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 
99.6 	complaints received regarding the prescription or administration of legend drugs under 
99.7 	section 148.576. Nothing in this section shall prohibit an accredited public or private 
99.8 	postsecondary school from possessing a legend drug that is not a controlled substance 
99.9 	listed in section 152.02, provided that:
99.10 	(a) the school is approved by the United States secretary of education in accordance 
99.11 	with requirements of the Higher Education Act of 1965, as amended;
99.12 	(b) the school provides a course of instruction that prepares individuals for 
99.13 	employment in a health care occupation or profession;
99.14 	(c) the school may only possess those drugs necessary for the instruction of such 
99.15 	individuals; and
99.16 	(d) the drugs may only be used in the course of providing such instruction and are 
99.17 	labeled by the purchaser to indicate that they are not to be administered to patients.
99.18 	Those areas of the school in which legend drugs are stored are subject to section 
99.19 	151.06, subdivision 1, paragraph (a), clause (4).

99.20 	Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
99.21 	151.44 DEFINITIONS.
99.22 	As used in sections 151.43 to 151.51, the following terms have the meanings given 
99.23 	in paragraphs (a) to (h):
99.24 	(a) "Wholesale drug distribution" means distribution of prescription or 
99.25 	nonprescription drugs to persons other than a consumer or patient or reverse distribution 
99.26 	of such drugs, but does not include:
99.27 	(1) a sale between a division, subsidiary, parent, affiliated, or related company under 
99.28 	the common ownership and control of a corporate entity;
99.29 	(2) the purchase or other acquisition, by a hospital or other health care entity that is a 
99.30 	member of a group purchasing organization, of a drug for its own use from the organization 
99.31 	or from other hospitals or health care entities that are members of such organizations;
99.32 	(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 
99.33 	drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 
99.34 	Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 
99.35 	organization to the extent otherwise permitted by law;
100.1 	(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
100.2 	among hospitals or other health care entities that are under common control;
100.3 	(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
100.4 	for emergency medical reasons;
100.5 	(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 
100.6 	the dispensing of a drug pursuant to a prescription;
100.7 	(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 
100.8 	another retail pharmacy to alleviate a temporary shortage;
100.9 	(8) the distribution of prescription or nonprescription drug samples by manufacturers 
100.10 	representatives; or
100.11 	(9) the sale, purchase, or trade of blood and blood components.
100.12 	(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 
100.13 	distribution including, but not limited to, manufacturers; repackers repackagers; own-label 
100.14 	distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 
100.15 	warehouses, chain drug warehouses, and wholesale drug warehouses; independent 
100.16 	wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 
100.17 	wholesale drug distributor does not include a common carrier or individual hired primarily 
100.18 	to transport prescription or nonprescription drugs.
100.19 	(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 
100.20 	propagating, compounding, processing, packaging, repackaging, or labeling of a 
100.21 	prescription drug has the meaning provided in section 151.01, subdivision 14b.
100.22 	(d) "Prescription drug" means a drug required by federal or state law or regulation 
100.23 	to be dispensed only by a prescription, including finished dosage forms and active 
100.24 	ingredients subject to United States Code, title 21, sections 811 and 812.
100.25 	(e) "Blood" means whole blood collected from a single donor and processed either 
100.26 	for transfusion or further manufacturing.
100.27 	(f) "Blood components" means that part of blood separated by physical or 
100.28 	mechanical means.
100.29 	(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 
100.30 	received from or shipped to Minnesota locations for the purpose of returning the drugs 
100.31 	to their producers or distributors.
100.32 	(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

100.33 	Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
100.34 		Subd. 2.Definitions. For purposes of this section only, the terms defined in this 
100.35 	subdivision have the meanings given.
101.1 	(a) "Automated drug distribution system" or "system" means a mechanical system 
101.2 	approved by the board that performs operations or activities, other than compounding or 
101.3 	administration, related to the storage, packaging, or dispensing of drugs, and collects, 
101.4 	controls, and maintains all required transaction information and records.
101.5 	(b) "Health care facility" means a nursing home licensed under section 144A.02; 
101.6 	a housing with services establishment registered under section 144D.01, subdivision 4, 
101.7 	in which a home provider licensed under chapter 144A is providing centralized storage 
101.8 	of medications; or a community behavioral health hospital or Minnesota sex offender 
101.9 	program facility operated by the Department of Human Services.
101.10 	(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 
101.11 	is responsible for the operation of an automated drug distribution system.

101.12 	Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
101.13 		Subd. 3.Authorization. A pharmacy may use an automated drug distribution 
101.14 	system to fill prescription drug orders for patients of a health care facility provided that the 
101.15 	policies and procedures required by this section have been approved by the board. The 
101.16 	automated drug distribution system may be located in a health care facility that is not at 
101.17 	the same location as the managing pharmacy. When located within a health care facility, 
101.18 	the system is considered to be an extension of the managing pharmacy.

101.19 	Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
101.20 		Subd. 5.Operation of automated drug distribution systems. (a) The managing 
101.21 	pharmacy and the pharmacist in charge are responsible for the operation of an automated 
101.22 	drug distribution system.
101.23 	(b) Access to an automated drug distribution system must be limited to pharmacy 
101.24 	and nonpharmacy personnel authorized to procure drugs from the system, except that field 
101.25 	service technicians may access a system located in a health care facility for the purposes of 
101.26 	servicing and maintaining it while being monitored either by the managing pharmacy, or a 
101.27 	licensed nurse within the health care facility. In the case of an automated drug distribution 
101.28 	system that is not physically located within a licensed pharmacy, access for the purpose 
101.29 	of procuring drugs shall be limited to licensed nurses. Each person authorized to access 
101.30 	the system must be assigned an individual specific access code. Alternatively, access to 
101.31 	the system may be controlled through the use of biometric identification procedures. A 
101.32 	policy specifying time access parameters, including time-outs, logoffs, and lockouts, 
101.33 	must be in place.
102.1 	(c) For the purposes of this section only, the requirements of section 151.215 are met 
102.2 	if the following clauses are met:
102.3 	(1) a pharmacist employed by and working at the managing pharmacy, or at a 
102.4 	pharmacy that is acting as a central services pharmacy for the managing pharmacy, 
102.5 	pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all 
102.6 	prescription drug orders before any drug is distributed from the system to be administered 
102.7 	to a patient. A pharmacy technician may perform data entry of prescription drug orders 
102.8 	provided that a pharmacist certifies the accuracy of the data entry before the drug can 
102.9 	be released from the automated drug distribution system. A pharmacist employed by 
102.10 	and working at the managing pharmacy must certify the accuracy of the filling of any 
102.11 	cassettes, canisters, or other containers that contain drugs that will be loaded into the 
102.12 	automated drug distribution system; and
102.13 	(2) when the automated drug dispensing system is located and used within the 
102.14 	managing pharmacy, a pharmacist must personally supervise and take responsibility for all 
102.15 	packaging and labeling associated with the use of an automated drug distribution system.
102.16 	(d) Access to drugs when a pharmacist has not reviewed and approved the 
102.17 	prescription drug order is permitted only when a formal and written decision to allow such 
102.18 	access is issued by the pharmacy and the therapeutics committee or its equivalent. The 
102.19 	committee must specify the patient care circumstances in which such access is allowed, 
102.20 	the drugs that can be accessed, and the staff that are allowed to access the drugs.
102.21 	(e) In the case of an automated drug distribution system that does not utilize bar 
102.22 	coding in the loading process, the loading of a system located in a health care facility may 
102.23 	be performed by a pharmacy technician, so long as the activity is continuously supervised, 
102.24 	through a two-way audiovisual system by a pharmacist on duty within the managing 
102.25 	pharmacy. In the case of an automated drug distribution system that utilizes bar coding 
102.26 	in the loading process, the loading of a system located in a health care facility may be 
102.27 	performed by a pharmacy technician or a licensed nurse, provided that the managing 
102.28 	pharmacy retains an electronic record of loading activities.
102.29 	(f) The automated drug distribution system must be under the supervision of a 
102.30 	pharmacist. The pharmacist is not required to be physically present at the site of the 
102.31 	automated drug distribution system if the system is continuously monitored electronically 
102.32 	by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 
102.33 	board must be continuously available to address any problems detected by the monitoring 
102.34 	or to answer questions from the staff of the health care facility. The licensed pharmacy 
102.35 	may be the managing pharmacy or a pharmacy which is acting as a central services 
102.36 	pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

103.1 	Sec. 20. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is 
103.2 	amended to read:
103.3 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this 
103.4 	subdivision.
103.5 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 
103.6 	the following substances, including their analogs, isomers, esters, ethers, salts, and salts 
103.7 	of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 
103.8 	ethers, and salts is possible:
103.9 	(1) acetylmethadol;
103.10 	(2) allylprodine;
103.11 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 
103.12 	levomethadyl acetate);
103.13 	(4) alphameprodine;
103.14 	(5) alphamethadol;
103.15 	(6) alpha-methylfentanyl benzethidine;
103.16 	(7) betacetylmethadol;
103.17 	(8) betameprodine;
103.18 	(9) betamethadol;
103.19 	(10) betaprodine;
103.20 	(11) clonitazene;
103.21 	(12) dextromoramide;
103.22 	(13) diampromide;
103.23 	(14) diethyliambutene;
103.24 	(15) difenoxin;
103.25 	(16) dimenoxadol;
103.26 	(17) dimepheptanol;
103.27 	(18) dimethyliambutene;
103.28 	(19) dioxaphetyl butyrate;
103.29 	(20) dipipanone;
103.30 	(21) ethylmethylthiambutene;
103.31 	(22) etonitazene;
103.32 	(23) etoxeridine;
103.33 	(24) furethidine;
103.34 	(25) hydroxypethidine;
103.35 	(26) ketobemidone;
103.36 	(27) levomoramide;
104.1 	(28) levophenacylmorphan;
104.2 	(29) 3-methylfentanyl;
104.3 	(30) acetyl-alpha-methylfentanyl;
104.4 	(31) alpha-methylthiofentanyl;
104.5 	(32) benzylfentanyl beta-hydroxyfentanyl;
104.6 	(33) beta-hydroxy-3-methylfentanyl;
104.7 	(34) 3-methylthiofentanyl;
104.8 	(35) thenylfentanyl;
104.9 	(36) thiofentanyl;
104.10 	(37) para-fluorofentanyl;
104.11 	(38) morpheridine;
104.12 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
104.13 	(40) noracymethadol;
104.14 	(41) norlevorphanol;
104.15 	(42) normethadone;
104.16 	(43) norpipanone;
104.17 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
104.18 	(45) phenadoxone;
104.19 	(46) phenampromide;
104.20 	(47) phenomorphan;
104.21 	(48) phenoperidine;
104.22 	(49) piritramide;
104.23 	(50) proheptazine;
104.24 	(51) properidine;
104.25 	(52) propiram;
104.26 	(53) racemoramide;
104.27 	(54) tilidine;
104.28 	(55) trimeperidine.
104.29 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
104.30 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
104.31 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
104.32 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
104.33 	(1) acetorphine;
104.34 	(2) acetyldihydrocodeine;
104.35 	(3) benzylmorphine;
104.36 	(4) codeine methylbromide;
105.1 	(5) codeine-n-oxide;
105.2 	(6) cyprenorphine;
105.3 	(7) desomorphine;
105.4 	(8) dihydromorphine;
105.5 	(9) drotebanol;
105.6 	(10) etorphine;
105.7 	(11) heroin;
105.8 	(12) hydromorphinol;
105.9 	(13) methyldesorphine;
105.10 	(14) methyldihydromorphine;
105.11 	(15) morphine methylbromide;
105.12 	(16) morphine methylsulfonate;
105.13 	(17) morphine-n-oxide;
105.14 	(18) myrophine;
105.15 	(19) nicocodeine;
105.16 	(20) nicomorphine;
105.17 	(21) normorphine;
105.18 	(22) pholcodine;
105.19 	(23) thebacon.
105.20 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains 
105.21 	any quantity of the following substances, their analogs, salts, isomers (whether optical, 
105.22 	positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 
105.23 	in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 
105.24 	isomers is possible:
105.25 	(1) methylenedioxy amphetamine;
105.26 	(2) methylenedioxymethamphetamine;
105.27 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
105.28 	(4) n-hydroxy-methylenedioxyamphetamine;
105.29 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
105.30 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
105.31 	(7) 4-methoxyamphetamine;
105.32 	(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
105.33 	(9) alpha-ethyltryptamine;
105.34 	(10) bufotenine;
105.35 	(11) diethyltryptamine;
105.36 	(12) dimethyltryptamine;
106.1 	(13) 3,4,5-trimethoxy amphetamine;
106.2 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
106.3 	(15) ibogaine;
106.4 	(16) lysergic acid diethylamide (LSD);
106.5 	(17) mescaline;
106.6 	(18) parahexyl;
106.7 	(19) N-ethyl-3-piperidyl benzilate;
106.8 	(20) N-methyl-3-piperidyl benzilate;
106.9 	(21) psilocybin;
106.10 	(22) psilocyn;
106.11 	(23) tenocyclidine (TPCP or TCP);
106.12 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
106.13 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
106.14 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
106.15 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
106.16 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
106.17 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
106.18 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
106.19 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
106.20 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
106.21 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
106.22 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
106.23 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
106.24 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
106.25 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
106.26 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
106.27 	(2-CB-FLY);
106.28 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
106.29 	(40) alpha-methyltryptamine (AMT);
106.30 	(41) N,N-diisopropyltryptamine (DiPT);
106.31 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
106.32 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
106.33 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
106.34 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
106.35 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
106.36 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
107.1 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
107.2 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
107.3 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
107.4 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
107.5 	(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
107.6 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
107.7 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
107.8 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
107.9 	(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
107.10 	(57) methoxetamine (MXE);
107.11 	(58) 5-iodo-2-aminoindane (5-IAI);
107.12 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
107.13 	(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 
107.14 	(25I-NBOMe).
107.15 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora 
107.16 	williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 
107.17 	of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 
107.18 	of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 
107.19 	Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 
107.20 	of the American Indian Church, and members of the American Indian Church are exempt 
107.21 	from registration. Any person who manufactures peyote for or distributes peyote to the 
107.22 	American Indian Church, however, is required to obtain federal registration annually and 
107.23 	to comply with all other requirements of law.
107.24 	(f) Central nervous system depressants. Unless specifically excepted or unless listed 
107.25 	in another schedule, any material compound, mixture, or preparation which contains any 
107.26 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
107.27 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
107.28 	(1) mecloqualone;
107.29 	(2) methaqualone;
107.30 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
107.31 	(4) flunitrazepam.
107.32 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
107.33 	material compound, mixture, or preparation which contains any quantity of the following 
107.34 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 
107.35 	the analogs, salts, isomers, and salts of isomers is possible:
107.36 	(1) aminorex;
108.1 	(2) cathinone;
108.2 	(3) fenethylline;
108.3 	(4) methcathinone;
108.4 	(5) methylaminorex;
108.5 	(6) N,N-dimethylamphetamine;
108.6 	(7) N-benzylpiperazine (BZP);
108.7 	(8) methylmethcathinone (mephedrone);
108.8 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
108.9 	(10) methoxymethcathinone (methedrone);
108.10 	(11) methylenedioxypyrovalerone (MDPV);
108.11 	(12) fluoromethcathinone;
108.12 	(13) methylethcathinone (MEC);
108.13 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
108.14 	(15) dimethylmethcathinone (DMMC);
108.15 	(16) fluoroamphetamine;
108.16 	(17) fluoromethamphetamine;
108.17 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
108.18 	(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
108.19 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
108.20 	(21) naphthylpyrovalerone (naphyrone); and
108.21 	(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or 
108.22 	alpha-pyrrolidinovalerophenone);
108.23 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or 
108.24 	MPHP); and
108.25 	(22) (24) any other substance, except bupropion or compounds listed under a 
108.26 	different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 
108.27 	at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 
108.28 	the compound is further modified in any of the following ways:
108.29 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
108.30 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
108.31 	system by one or more other univalent substituents;
108.32 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
108.33 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
108.34 	methoxybenzyl groups; or
108.35 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
109.1 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 
109.2 	specifically excepted or unless listed in another schedule, any natural or synthetic material, 
109.3 	compound, mixture, or preparation that contains any quantity of the following substances, 
109.4 	their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 
109.5 	whenever the existence of the isomers, esters, ethers, or salts is possible:
109.6 	(1) marijuana;
109.7 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 
109.8 	synthetic equivalents of the substances contained in the cannabis plant or in the 
109.9 	resinous extractives of the plant, or synthetic substances with similar chemical structure 
109.10 	and pharmacological activity to those substances contained in the plant or resinous 
109.11 	extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 
109.12 	tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
109.13 	(3) synthetic cannabinoids, including the following substances:
109.14 	(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
109.15 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
109.16 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
109.17 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
109.18 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
109.19 	naphthoylindoles include, but are not limited to:
109.20 	(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
109.21 	(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
109.22 	(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
109.23 	(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
109.24 	(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
109.25 	(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
109.26 	(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
109.27 	(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
109.28 	(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
109.29 	(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
109.30 	(ii) Napthylmethylindoles, which are any compounds containing a 
109.31 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 
109.32 	of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
109.33 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
109.34 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
109.35 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
109.36 	(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
110.1 	(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
110.2 	(iii) Naphthoylpyrroles, which are any compounds containing a 
110.3 	3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 
110.4 	pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
110.5 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
110.6 	further substituted in the pyrrole ring to any extent, whether or not substituted in the 
110.7 	naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 
110.8 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
110.9 	(iv) Naphthylmethylindenes, which are any compounds containing a 
110.10 	naphthylideneindene structure with substitution at the 3-position of the indene 
110.11 	ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
110.12 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 
110.13 	substituted in the indene ring to any extent, whether or not substituted in the naphthyl 
110.14 	ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 
110.15 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
110.16 	(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
110.17 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
110.18 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
110.19 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
110.20 	any extent, whether or not substituted in the phenyl ring to any extent. Examples of 
110.21 	phenylacetylindoles include, but are not limited to:
110.22 	(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
110.23 	(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
110.24 	(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
110.25 	(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
110.26 	(vi) Cyclohexylphenols, which are compounds containing a 
110.27 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 
110.28 	of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
110.29 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
110.30 	substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 
110.31 	but are not limited to:
110.32 	(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
110.33 	(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
110.34 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
110.35 	(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
110.36 	-phenol (CP 55,940).
111.1 	(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 
111.2 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
111.3 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
111.4 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
111.5 	any extent and whether or not substituted in the phenyl ring to any extent. Examples of 
111.6 	benzoylindoles include, but are not limited to:
111.7 	(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
111.8 	(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
111.9 	(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 
111.10 	(WIN 48,098 or Pravadoline).
111.11 	(viii) Others specifically named:
111.12 	(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
111.13 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
111.14 	(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
111.15 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
111.16 	(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
111.17 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
111.18 	(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
111.19 	(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
111.20 	(XLR-11);
111.21 	(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
111.22 	(AKB-48(APINACA));
111.23 	(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
111.24 	(5-Fluoro-AKB-48);
111.25 	(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
111.26 	(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 
111.27 	PB-22).;
111.28 	(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 
111.29 	3-carboxamide (AB-PINACA);
111.30 	(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
111.31 	1H-indazole-3-carboxamide (AB-FUBINACA).
111.32 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly 
111.33 	intended for human consumption.

112.1 	ARTICLE 6
112.2 	HEALTH DEPARTMENT AND PUBLIC HEALTH

112.3 	Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
112.4 		Subd. 5.Electronic drug prior authorization standardization and transmission.
 112.5 	(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory 
112.6 	Committee and the Minnesota Administrative Uniformity Committee, shall, by February 
112.7 	15, 2010, identify an outline on how best to standardize drug prior authorization request 
112.8 	transactions between providers and group purchasers with the goal of maximizing 
112.9 	administrative simplification and efficiency in preparation for electronic transmissions.
112.10 	(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall 
112.11 	develop the standard companion guide by which providers and group purchasers will 
112.12 	exchange standard drug authorization requests using electronic data interchange standards, 
112.13 	if available, with the goal of alignment with standards that are or will potentially be used 
112.14 	nationally.
112.15 	(c) No later than January 1, 2015 2017, drug prior authorization requests must be 
112.16 	accessible and submitted by health care providers, and accepted by group purchasers, 
112.17 	electronically through secure electronic transmissions. Facsimile shall not be considered 
112.18 	electronic transmission.

112.19 	Sec. 2. Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:
112.20 		Subd. 4.Encounter data. (a) Beginning July 1, 2009, and every six months 
112.21 	thereafter, all health plan companies and third-party administrators shall submit encounter 
112.22 	data to a private entity designated by the commissioner of health. The data shall be 
112.23 	submitted in a form and manner specified by the commissioner subject to the following 
112.24 	requirements:
112.25 	(1) the data must be de-identified data as described under the Code of Federal 
112.26 	Regulations, title 45, section 164.514;
112.27 	(2) the data for each encounter must include an identifier for the patient's health care 
112.28 	home if the patient has selected a health care home; and
112.29 	(3) except for the identifier described in clause (2), the data must not include 
112.30 	information that is not included in a health care claim or equivalent encounter information 
112.31 	transaction that is required under section 62J.536.
112.32 	(b) The commissioner or the commissioner's designee shall only use the data 
112.33 	submitted under paragraph (a) to carry out its responsibilities in this section, including 
112.34 	supplying the data to providers so they can verify their results of the peer grouping process 
113.1 	consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d), 
113.2 	and adopted by the commissioner and, if necessary, submit comments to the commissioner 
113.3 	or initiate an appeal.
113.4 	(c) Data on providers collected under this subdivision are private data on individuals 
113.5 	or nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary 
113.6 	data in section 13.02, subdivision 19, summary data prepared under this subdivision 
113.7 	may be derived from nonpublic data. The commissioner or the commissioner's designee 
113.8 	shall establish procedures and safeguards to protect the integrity and confidentiality of 
113.9 	any data that it maintains.
113.10 	(d) The commissioner or the commissioner's designee shall not publish analyses or 
113.11 	reports that identify, or could potentially identify, individual patients.
113.12 	(e) The commissioner shall compile summary information on the data submitted 
113.13 	under this subdivision. The commissioner shall work with its vendors to assess the 
113.14 	data submitted in terms of compliance with the data submission requirements and the 
113.15 	completeness of the data submitted by comparing the data with summary information 
113.16 	compiled by the commissioner and with established and emerging data quality standards 
113.17 	to ensure data quality.

113.18 	Sec. 3. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision 
113.19 	to read:
113.20 		Subd. 10.Suspension. Notwithstanding subdivisions 3, 3a, 3b, 3c, and 3d, the 
113.21 	commissioner shall suspend the development and implementation of the provider peer 
113.22 	grouping system required under this section. This suspension shall continue until the 
113.23 	legislature authorizes the commissioner to resume this activity.

113.24 	Sec. 4. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision 
113.25 	to read:
113.26 		Subd. 11.Restricted uses of the all-payer claims data. (a) Notwithstanding 
113.27 	subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the 
113.28 	commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for 
113.29 	the following purposes:
113.30 	(1) to evaluate the performance of the health care home program as authorized under 
113.31 	sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
113.32 	(2) to study, in collaboration with the reducing avoidable readmissions effectively 
113.33 	(RARE) campaign, hospital readmission trends and rates;
114.1 	(3) to analyze variations in health care costs, quality, utilization, and illness burden 
114.2 	based on geographical areas or populations; and
114.3 	(4) to evaluate the state innovation model (SIM) testing grant received by the 
114.4 	Departments of Health and Human Services, including the analysis of health care cost, 
114.5 	quality, and utilization baseline and trend information for targeted populations and 
114.6 	communities.
114.7 	(b) The commissioner may publish the results of the authorized uses identified 
114.8 	in paragraph (a) so long as the data released publicly do not contain information or 
114.9 	descriptions in which the identity of individual hospitals, clinics, or other providers may 
114.10 	be discerned.
114.11 	(c) Nothing in this subdivision shall be construed to prohibit the commissioner from 
114.12 	using the data collected under subdivision 4 to complete the state-based risk adjustment 
114.13 	system assessment due to the legislature on October 1, 2015.
114.14 	(d) The commissioner or the commissioner's designee may use the data submitted 
114.15 	under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until 
114.16 	July 1, 2016.

114.17 	Sec. 5. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision 
114.18 	to read:
114.19 		Subd. 12.All-payer claims database work group. (a) The commissioner of 
114.20 	health shall convene a work group to develop a framework for the expanded use of the 
114.21 	all-payer claims database established under this section. The work group shall develop 
114.22 	recommendations based on the following questions and other topics as identified by the 
114.23 	work group:
114.24 	(1) what should the parameters be for allowable uses of the all-payer claims data 
114.25 	collected under Minnesota Statutes, section 62U.04, beyond the uses authorized in 
114.26 	Minnesota Statutes, section 62U.04, subdivision 11;
114.27 	(2) what type of advisory or governing body should guide the release of data from 
114.28 	the all-payer claims database;
114.29 	(3) what type of funding or fee structure would be needed to support the expanded 
114.30 	use of all-payer claims data;
114.31 	(4) what should the mechanisms be by which the data would be released or accessed, 
114.32 	including the necessary information technology infrastructure to support the expanded use 
114.33 	of the data under different assumptions related to the number of potential requests and 
114.34 	manner of access;
115.1 	(5) what are the appropriate privacy and security protections needed for the 
115.2 	expanded use of the all-payer claims database; and
115.3 	(6) what additional resources might be needed to support the expanded use of the 
115.4 	all-payer claims database, including expected resources related to information technology 
115.5 	infrastructure, review of proposals, maintenance of data use agreements, staffing an 
115.6 	advisory body, or other new efforts.
115.7 	(b) The commissioner of health shall appoint the members to the work group 
115.8 	as follows:
115.9 	(1) two members recommended by the Minnesota Medical Association;
115.10 	(2) two members recommended by the Minnesota Hospital Association;
115.11 	(3) two members recommended by the Minnesota Council of Health Plans;
115.12 	(4) one member who is a data practices expert from the Department of Administration;
115.13 	(5) three members who are academic researchers with expertise in claims database 
115.14 	analysis;
115.15 	(6) two members representing two state agencies determined by the commissioner;
115.16 	(7) one member representing the Minnesota Health Care Safety Net Coalition; and
115.17 	(8) three members representing consumers.
115.18 	(c) The commissioner of health shall submit a report on the recommendations of 
115.19 	the work group to the chairs and ranking minority members of the legislative committees 
115.20 	and divisions with jurisdiction over health and human services, judiciary, and civil law 
115.21 	by February 1, 2015. In considering the recommendations provided in the report, the 
115.22 	legislature may consider whether the currently authorized uses of the all-payer claims data 
115.23 	under this section should continue to be authorized.

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

115.25 	Sec. 6. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is 
115.26 	amended to read:
115.27 		Subd. 2.Accreditation required. (a)(1) Except as otherwise provided in paragraph
115.28 	 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement 
115.29 	from any source, including, but not limited to, the individual receiving such services 
115.30 	and any individual or group insurance contract, plan, or policy delivered in this state, 
115.31 	including, but not limited to, private health insurance plans, workers' compensation 
115.32 	insurance, motor vehicle insurance, the State Employee Group Insurance Program 
115.33 	(SEGIP), and other state health care programs, shall be reimbursed only if the facility at 
115.34 	which the service has been conducted and processed is licensed pursuant to sections 
115.35 	144.50 to 144.56 or accredited by one of the following entities:
116.1 	(i) American College of Radiology (ACR);
116.2 	(ii) Intersocietal Accreditation Commission (IAC);
116.3 	(iii) the Joint Commission; or
116.4 	(iv) other relevant accreditation organization designated by the Secretary of the 
116.5 	United States Department of Health and Human Services pursuant to United States Code, 
116.6 	title 42, section 1395M.
116.7 	(2) All accreditation standards recognized under this section must include, but are 
116.8 	not limited to:
116.9 	(i) provisions establishing qualifications of the physician;
116.10 	(ii) standards for quality control and routine performance monitoring by a medical 
116.11 	physicist;
116.12 	(iii) qualifications of the technologist, including minimum standards of supervised 
116.13 	clinical experience;
116.14 	(iv) guidelines for personnel and patient safety; and
116.15 	(v) standards for initial and ongoing quality control using clinical image review 
116.16 	and quantitative testing.
116.17 	(b) Any facility that performs advanced diagnostic imaging services and is eligible 
116.18 	to receive reimbursement for such services from any source in paragraph (a), clause (1), 
116.19 	must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to 
116.20 	paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic 
116.21 	imaging services in the state must obtain licensure or accreditation prior to commencing 
116.22 	operations and must, at all times, maintain either licensure pursuant to sections 144.50 to 
116.23 	144.56 or accreditation with an accrediting organization as provided in paragraph (a).
116.24 	(c) Dental clinics or offices that perform diagnostic imaging through dental cone 
116.25 	beam computerized tomography do not need to meet the accreditation or reporting 
116.26 	requirements in this section.

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

116.28 	Sec. 7. Minnesota Statutes 2012, section 144.125, subdivision 3, is amended to read:
116.29 		Subd. 3.Information provided to parents and legal guardians. (a) The 
116.30 	department shall make information and forms available to childbirth education programs 
116.31 	and  health care providers who provide prenatal care describing the newborn screening 
116.32 	program and the provisions of this section to be used in a discussion with expectant 
116.33 	parents and parents of newborns. The department shall make information and forms about 
116.34 	newborn screening available to the persons with a duty to perform testing under this 
116.35 	section and to expectant parents and parents of newborns using electronic and other means.
117.1 	(b) Prior to collecting a sample, persons with a duty to perform testing under 
117.2 	subdivision 1 must:
117.3 	(1) provide parents or legal guardians of infants with a document that provides 
117.4 	the following information:
117.5 	(i) the benefits of newborn screening;
117.6 	(ii) that the blood sample will be used to test for heritable and congenital disorders, 
117.7 	as determined under subdivision 2;
117.8 	(iii) the data that will be collected as part of the testing;
117.9 	(iv) the standard retention periods for blood samples and test results as provided in 
117.10 	subdivision 6 the benefits associated with the department's storage of an infant's blood 
117.11 	sample and test results;
117.12 	(v) that the Department of Health may store the blood samples and test results unless 
117.13 	the parent or legal guardian elects to not have them stored;
117.14 	(v) (vi) that blood samples and test results will be used for program operations 
117.15 	during the standard retention period in accordance with subdivision 5, unless the parents 
117.16 	or legal guardians elect not to have the blood samples and test results stored;
117.17 	(vi) (vii) the Department of Health's Web site address where more information 
117.18 	and forms may be obtained; and
117.19 	(vii) (viii) that parents or legal guardians have a right to elect not to have newborn 
117.20 	screening performed and a right to secure private testing;
117.21 	(ix) that parents or legal guardians have a right to elect to have the newborn 
117.22 	screening performed, but not have the blood samples and test results stored; and
117.23 	(x) that parents or legal guardians have a right to authorize in writing that the blood 
117.24 	samples and test results may be used for public health studies or research; and
117.25 	(2) upon request, provide parents or legal guardians of infants with forms necessary 
117.26 	to request that the infant not have blood collected for testing or to request to have the 
117.27 	newborn screening performed, but not have the blood samples and test results stored; and
117.28 	(3) record in the infant's medical record that a parent or legal guardian of the 
117.29 	infant has received the information provided pursuant to this subdivision and has had 
117.30 	an opportunity to ask questions.
117.31 	(c) Nothing in this section prohibits a parent or legal guardian of an infant from 
117.32 	having newborn screening performed by a private entity.

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

117.34 	Sec. 8. Minnesota Statutes 2012, section 144.125, subdivision 4, is amended to read:
118.1 		Subd. 4.Parental options. (a) The parent or legal guardian of an infant otherwise 
118.2 	subject to testing under this section may elect not to have newborn screening performed, 
118.3 	or may elect to have newborn screening tests performed, but not to have the blood samples 
118.4 	and test results stored.
118.5 	(b) If a parent or legal guardian elects not to have newborn screening performed or 
118.6 	elects not to allow the blood samples and test results to be stored, then the election shall
118.7 	 must  be recorded on a form that is signed by the parent or legal guardian. The signed form 
118.8 	shall must  be made part of the infant's medical record and a copy shall be provided to 
118.9 	the Department of Health. When a parent or legal guardian elects not to have newborn 
118.10 	screening performed, the person with the duty to perform testing under subdivision 1 must 
118.11 	follow that election. A written election to decline testing exempts persons with a duty 
118.12 	to perform testing and the Department of Health from the requirements of this section 
118.13 	and section 144.128.

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

118.15 	Sec. 9. Minnesota Statutes 2012, section 144.125, subdivision 5, is amended to read:
118.16 		Subd. 5.Newborn screening program operations. (a) "Newborn screening 
118.17 	program operations" means actions, testing, and procedures directly related to the 
118.18 	operation of the newborn screening program, limited to the following:
118.19 	(1) confirmatory testing;
118.20 	(2) laboratory quality control assurance and improvement;
118.21 	(3) calibration of equipment;
118.22 	(4) evaluating and improving the accuracy of newborn screening tests for conditions 
118.23 	approved for screening in Minnesota;
118.24 	(5) validation of equipment and screening methods; and
118.25 	(6) continuity of operations to ensure testing can continue as required by Minnesota 
118.26 	law in the event of an emergency; and
118.27 	(7) utilization of blood samples and test results for studies related to newborn 
118.28 	screening, including studies used to develop new tests.
118.29 	(b) No research, or public health studies, or development of new newborn screening 
118.30 	tests shall be conducted under this subdivision other than those described in paragraph (a) 
118.31 	shall be conducted without written consent as described under subdivision 7.

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

119.1 	Sec. 10. Minnesota Statutes 2013 Supplement, section 144.125, subdivision 7, is 
119.2 	amended to read:
119.3 		Subd. 7.Parental options for extended storage and use additional research. (a) 
119.4 	The parent or legal guardian of an infant otherwise subject to testing under this section 
119.5 	may authorize in writing that the infant's blood sample and test results be retained and 
119.6 	used by the Department of Health beyond the standard retention periods provided in 
119.7 	subdivision 6 for the purposes described in subdivision 9.
119.8 	(b) The Department of Health must provide a consent form, with an attached 
119.9 	Tennessen warning pursuant to section 13.04, subdivision 2. The consent form must 
119.10 	provide the following:
119.11 	(1) information as to the personal identification and use of samples and test results 
119.12 	for studies, including studies used to develop new tests;
119.13 	(2) (1) information as to the personal identification and use of samples and test 
119.14 	results for public health studies or research not related to newborn screening;
119.15 	(3) information that explains that the Department of Health will not store a blood 
119.16 	sample or test result for longer than 18 years from an infant's birth date;
119.17 	(4)(2) information that explains that, upon approval by the Department of Health's 
119.18 	Institutional Review Board, blood samples and test results may be shared with external 
119.19 	parties for public health studies or research; and
119.20 	(5) (3) information that explains that blood samples contain various components, 
119.21 	including deoxyribonucleic acid (DNA); and
119.22 	(6) the benefits and risks associated with the department's storage of a child's blood 
119.23 	sample and test results.

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

119.25 	Sec. 11. Minnesota Statutes 2012, section 144.125, subdivision 8, is amended to read:
119.26 		Subd. 8.Extended Storage and use of samples and test results. When authorized 
119.27 	in writing by a parent or legal guardian under subdivision 7,(a) The Department of Health 
119.28 	may store blood samples and test results for a time period not to exceed 18 years from 
119.29 	the infant's birth date, and may use the blood samples and test results in accordance with 
119.30 	subdivision 9 5, unless a parent or legal guardian elects against the storage of the blood 
119.31 	samples and test results, and in accordance with subdivision 9, if written informed consent 
119.32 	of a parent or legal guardian is obtained.
119.33 	(b) If a parent, legal guardian, or individual elects against storage or revokes prior 
119.34 	consent for storage, the blood samples must be destroyed within one week of receipt of 
120.1 	the request, and test results must be destroyed at the earliest time allowed under Clinical 
120.2 	Laboratory Improvement Amendments (CLIA) regulations.

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

120.4 	Sec. 12. Minnesota Statutes 2012, section 144.125, subdivision 9, is amended to read:
120.5 		Subd. 9.Written, informed consent for other use of samples and test results.
 120.6 	With the written, informed consent of a parent or legal guardian, the Department of Health 
120.7 	may:
120.8 	(1) use blood samples and test results for studies related to newborn screening, 
120.9 	including studies used to develop new tests; and
120.10 	(2) use blood samples and test results for public health studies or research not related 
120.11 	to newborn screening, and upon approval by the Department of Health's Institutional 
120.12 	Review Board, share samples and test results with external parties for public health 
120.13 	studies or research.

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

120.15 	Sec. 13. Minnesota Statutes 2012, section 144.125, subdivision 10, is amended to read:
120.16 		Subd. 10.Revoking consent for storage and use. A parent or legal guardian, or the 
120.17 	individual whose blood was tested as an infant if the individual is 18 years of age or older,
120.18 	 may revoke approval for extended storage or use of blood samples or test results at any 
120.19 	time by providing a signed and dated form requesting destruction of the blood samples 
120.20 	or test results. The Department of Health shall make necessary forms available on the 
120.21 	department's Web site. Blood samples must be destroyed within one week of receipt of a 
120.22 	request or within one week of the standard retention period for blood samples provided in 
120.23 	subdivision 6, whichever is later. and test results must be destroyed within one month of 
120.24 	receipt of a request or within one month of the standard retention period for test results 
120.25 	provided in subdivision 6, whichever is later at the earliest time allowed under Clinical 
120.26 	Laboratory Improvement Amendments (CLIA) regulations.

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

120.28 	Sec. 14. Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:
120.29 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
120.30 	apply.
120.31 	(b) "Dentist" means an individual who is licensed to practice dentistry.
121.1 	(c) "Designated rural area" means an area defined as a small rural area or 
121.2 	isolated rural area according to the four category classifications of the Rural Urban 
121.3 	Commuting Area system developed for the United States Health Resources and Services 
121.4 	Administration a city or township that is:
121.5 	(1) outside the seven-county metropolitan area, as defined in section 473.121, 
121.6 	subdivision 2; and
121.7 	(2) has a population under 15,000.
121.8 	(d) "Emergency circumstances" means those conditions that make it impossible for 
121.9 	the participant to fulfill the service commitment, including death, total and permanent 
121.10 	disability, or temporary disability lasting more than two years.
121.11 	(e) "Medical resident" means an individual participating in a medical residency in 
121.12 	family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
121.13 	(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse 
121.14 	anesthetist, advanced clinical nurse specialist, or physician assistant.
121.15 	(g) "Nurse" means an individual who has completed training and received all 
121.16 	licensing or certification necessary to perform duties as a licensed practical nurse or 
121.17 	registered nurse.
121.18 	(h) "Nurse-midwife" means a registered nurse who has graduated from a program of 
121.19 	study designed to prepare registered nurses for advanced practice as nurse-midwives.
121.20 	(i) "Nurse practitioner" means a registered nurse who has graduated from a program 
121.21 	of study designed to prepare registered nurses for advanced practice as nurse practitioners.
121.22 	(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
121.23 	(k) "Physician" means an individual who is licensed to practice medicine in the areas 
121.24 	of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
121.25 	(l) "Physician assistant" means a person licensed under chapter 147A.
121.26 	(m) "Qualified educational loan" means a government, commercial, or foundation 
121.27 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
121.28 	expenses related to the graduate or undergraduate education of a health care professional.
121.29 	(n) "Underserved urban community" means a Minnesota urban area or population 
121.30 	included in the list of designated primary medical care health professional shortage areas 
121.31 	(HPSAs), medically underserved areas (MUAs), or medically underserved populations 
121.32 	(MUPs) maintained and updated by the United States Department of Health and Human 
121.33 	Services.

121.34 	Sec. 15. Minnesota Statutes 2012, section 144.4165, is amended to read:
121.35 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
122.1 	No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 
122.2 	product, or inhale or exhale vapor from an electronic delivery device, in a public school, 
122.3 	as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all 
122.4 	facilities, whether owned, rented, or leased, and all vehicles that a school district owns, 
122.5 	leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of 
122.6 	tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For 
122.7 	purposes of this section, an Indian is a person who is a member of an Indian tribe as 
122.8 	defined in section 260.755 subdivision 12.

122.9 	Sec. 16. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is 
122.10 	amended to read:
122.11 		Subdivision 1.Comprehensive stroke center. A hospital meets the criteria for a 
122.12 	comprehensive stroke center if the hospital has been certified as a comprehensive stroke 
122.13 	center by the joint commission or another nationally recognized accreditation entity and 
122.14 	the hospital participates in the Minnesota stroke registry program.

122.15 	Sec. 17. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is 
122.16 	amended to read:
122.17 		Subd. 2.Primary stroke center. A hospital meets the criteria for a primary stroke 
122.18 	center if the hospital has been certified as a primary stroke center by the joint commission 
122.19 	or another nationally recognized accreditation entity and the hospital participates in the 
122.20 	Minnesota stroke registry program.

122.21 	Sec. 18. Minnesota Statutes 2012, section 144.565, subdivision 4, is amended to read:
122.22 		Subd. 4.Definitions. For purposes of this section, the following terms have the 
122.23 	meanings given:
122.24 	(a) "Diagnostic imaging facility" means a health care facility that is not a hospital 
122.25 	or location licensed as a hospital which offers diagnostic imaging services in Minnesota, 
122.26 	regardless of whether the equipment used to provide the service is owned or leased. For 
122.27 	the purposes of this section, diagnostic imaging facility includes, but is not limited to, 
122.28 	facilities such as a physician's office, clinic, mobile transport vehicle, outpatient imaging 
122.29 	center, or surgical center. A dental clinic or office is not considered a diagnostic imaging 
122.30 	facility for the purpose of this section when the clinic or office performs diagnostic 
122.31 	imaging through dental cone beam computerized tomography.
122.32 	(b) "Diagnostic imaging service" means the use of ionizing radiation or other imaging 
122.33 	technique on a human patient including, but not limited to, magnetic resonance imaging 
123.1 	(MRI) or computerized tomography (CT) other than dental cone beam computerized 
123.2 	tomography, positron emission tomography (PET), or single photon emission 
123.3 	computerized tomography (SPECT) scans using fixed, portable, or mobile equipment.
123.4 	(c) "Financial or economic interest" means a direct or indirect:
123.5 	(1) equity or debt security issued by an entity, including, but not limited to, shares of 
123.6 	stock in a corporation, membership in a limited liability company, beneficial interest in 
123.7 	a trust, units or other interests in a partnership, bonds, debentures, notes or other equity 
123.8 	interests or debt instruments, or any contractual arrangements;
123.9 	(2) membership, proprietary interest, or co-ownership with an individual, group, or 
123.10 	organization to which patients, clients, or customers are referred to; or
123.11 	(3) employer-employee or independent contractor relationship, including, but not 
123.12 	limited to, those that may occur in a limited partnership, profit-sharing arrangement, or 
123.13 	other similar arrangement with any facility to which patients are referred, including any 
123.14 	compensation between a facility and a health care provider, the group practice of which 
123.15 	the provider is a member or employee or a related party with respect to any of them.
123.16 	(d) "Fixed equipment" means a stationary diagnostic imaging machine installed 
123.17 	in a permanent location.
123.18 	(e) "Mobile equipment" means a diagnostic imaging machine in a self-contained 
123.19 	transport vehicle designed to be brought to a temporary offsite location to perform 
123.20 	diagnostic imaging services.
123.21 	(f) "Portable equipment" means a diagnostic imaging machine designed to be 
123.22 	temporarily transported within a permanent location to perform diagnostic imaging 
123.23 	services.
123.24 	(g) "Provider of diagnostic imaging services" means a diagnostic imaging facility 
123.25 	or an entity that offers and bills for diagnostic imaging services at a facility owned or 
123.26 	leased by the entity.

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

123.28 	Sec. 19. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
123.29 		Subdivision 1.Notice required. A hospital shall give a written notice about victim 
123.30 	rights and available resources to a person seeking medical services in the hospital who 
123.31 	reports to hospital staff or who evidences a sexual assault or other unwanted sexual 
123.32 	contact or sexual penetration. The hospital shall make a good faith effort to provide 
123.33 	this notice prior to medical treatment or the examination performed for the purpose 
123.34 	of gathering evidence, subject to applicable federal and state laws and regulations 
123.35 	regarding the provision of medical care, and in a manner that does not interfere with any 
124.1 	medical screening examination or initiation of treatment necessary to stabilize a victim's 
124.2 	emergency medical condition.
124.3 		Subd. 2.Contents of notice. The commissioners of health and public safety, in 
124.4 	consultation with sexual assault victim advocates and health care professionals, shall 
124.5 	develop the notice required by subdivision 1. The notice must inform the victim, at a 
124.6 	minimum, of:
124.7 	(1) the obligation under section 609.35 of the county where the criminal sexual 
124.8 	conduct occurred to pay for the examination performed for the purpose of gathering 
124.9 	evidence, that payment is not contingent on the victim reporting the criminal sexual conduct 
124.10 	to law enforcement, and that the victim may incur expenses for treatment of injuries; and
124.11 	(2) the victim's rights if the crime is reported to law enforcement, including the 
124.12 	victim's right to apply for reparations under sections 611A.51 to 611A.68, information on 
124.13 	how to apply for reparations, and information on how to obtain an order for protection or 
124.14 	a harassment restraining order.

124.15 	Sec. 20. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12, 
124.16 	is amended to read:
124.17 		Subd. 12.Reconsideration. (a) The commissioner shall make available to home 
124.18 	care providers a correction order reconsideration process. This process may be used 
124.19 	to challenge the correction order issued, including the level and scope described in 
124.20 	subdivision 11, and any fine assessed. During the correction order reconsideration 
124.21 	request, the issuance for the correction orders under reconsideration are not stayed, but 
124.22 	the department shall post information on the Web site with the correction order that the 
124.23 	licensee has requested a reconsideration and that the review is pending.
124.24 	(b) A licensed home care provider may request from the commissioner, in writing, 
124.25 	a correction order reconsideration regarding any correction order issued to the provider.
124.26 	 The written request for reconsideration must be received by the commissioner within 15 
124.27 	calendar days of the correction order issuance date. The correction order reconsideration 
124.28 	shall not be reviewed by any surveyor, investigator, or supervisor that participated in 
124.29 	the writing or reviewing of the correction order being disputed. The correction order 
124.30 	reconsiderations may be conducted in person, by telephone, by another electronic form, 
124.31 	or in writing, as determined by the commissioner. The commissioner shall respond in 
124.32 	writing to the request from a home care provider for a correction order reconsideration 
124.33 	within 60 days of the date the provider requests a reconsideration. The commissioner's 
124.34 	response shall identify the commissioner's decision regarding each citation challenged by 
124.35 	the home care provider.
125.1 	(c) The findings of a correction order reconsideration process shall be one or more of 
125.2 	the following:
125.3 	(1) supported in full, the correction order is supported in full, with no deletion of 
125.4 	findings to the citation;
125.5 	(2) supported in substance, the correction order is supported, but one or more 
125.6 	findings are deleted or modified without any change in the citation;
125.7 	(3) correction order cited an incorrect home care licensing requirement, the correction 
125.8 	order is amended by changing the correction order to the appropriate statutory reference;
125.9 	(4) correction order was issued under an incorrect citation, the correction order is 
125.10 	amended to be issued under the more appropriate correction order citation;
125.11 	(5) the correction order is rescinded;
125.12 	(6) fine is amended, it is determined that the fine assigned to the correction order 
125.13 	was applied incorrectly; or
125.14 	(7) the level or scope of the citation is modified based on the reconsideration.
125.15 	(d) If the correction order findings are changed by the commissioner, the 
125.16 	commissioner shall update the correction order Web site.
125.17 	(e) This subdivision does not apply to temporary licensees.

125.18 	EFFECTIVE DATE. This section is effective August 1, 2014, and for current 
125.19 	licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

125.20 	Sec. 21. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, 
125.21 	is amended to read:
125.22 		Subd. 3.Notice. Prior to any suspension, revocation, or refusal to renew a license, 
125.23 	the home care provider shall be entitled to notice and a hearing as provided by sections 
125.24 	14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, 
125.25 	without a prior contested case hearing, temporarily suspend a license or prohibit delivery 
125.26 	of services by a provider for not more than 90 days if the commissioner determines that 
125.27 	the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations 
125.28 	as defined in section 144A.474, subdivision 11, paragraph (b), provided:
125.29 	(1) advance notice is given to the home care provider;
125.30 	(2) after notice, the home care provider fails to correct the problem;
125.31 	(3) the commissioner has reason to believe that other administrative remedies are not 
125.32 	likely to be effective; and
125.33 	(4) there is an opportunity for a contested case hearing within the 90 30 days unless 
125.34 	there is an extension granted by an administrative law judge pursuant to subdivision 3b.

126.1 	EFFECTIVE DATE. The amendments to this section are effective August 1, 2014, 
126.2 	and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license 
126.3 	renewal.

126.4 	Sec. 22. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
126.5 	adding a subdivision to read:
126.6 		Subd. 3a.Hearing.  Within 15 business days of receipt of the licensee's timely appeal 
126.7 	of a sanction under this section, other than for a temporary suspension, the commissioner 
126.8 	shall request assignment of an administrative law judge. The commissioner's request must 
126.9 	include a proposed date, time, and place of hearing. A hearing must be conducted by an 
126.10 	administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, 
126.11 	within 90 calendar days of the request for assignment, unless an extension is requested by 
126.12 	either party and granted by the administrative law judge for good cause or for purposes of 
126.13 	discussing settlement. In no case shall one or more extensions be granted for a total of 
126.14 	more than 90 calendar days unless there is a criminal action pending against the licensee. 
126.15 	If, while a licensee continues to operate pending an appeal of an order for revocation, 
126.16 	suspension, or refusal to renew a license, the commissioner identifies one or more new 
126.17 	violations of law that meet the requirements of level 3 or 4 violations as defined in section 
126.18 	144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to 
126.19 	temporarily suspend the license under the provisions in subdivision 3.

126.20 	EFFECTIVE DATE. This section is effective for appeals received on or after 
126.21 	August 1, 2014.

126.22 	Sec. 23. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
126.23 	adding a subdivision to read:
126.24 		Subd. 3b.Temporary suspension expedited hearing. (a) Within five business 
126.25 	days of receipt of the license holder's timely appeal of a temporary suspension, the 
126.26 	commissioner shall request assignment of an administrative law judge. The request must 
126.27 	include a proposed date, time, and place of a hearing. A hearing must be conducted by an 
126.28 	administrative law judge within 30 calendar days of the request for assignment, unless 
126.29 	an extension is requested by either party and granted by the administrative law judge 
126.30 	for good cause. The commissioner shall issue a notice of hearing by certified mail or 
126.31 	personal service at least ten business days before the hearing. Certified mail to the last 
126.32 	known address is sufficient. The scope of the hearing shall be limited solely to the issue of 
126.33 	whether the temporary suspension should remain in effect and whether there is sufficient 
127.1 	evidence to conclude that the licensee's actions or failure to comply with applicable laws 
127.2 	are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
127.3 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
127.4 	recommendation within ten business days from the date of hearing. The parties shall have 
127.5 	ten calendar days to submit exceptions to the administrative law judge's report. The 
127.6 	record shall close at the end of the ten-day period for submission of exceptions. The 
127.7 	commissioner's final order shall be issued within ten business days from the close of the 
127.8 	record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, 
127.9 	the commissioner shall issue a final order affirming the temporary immediate suspension 
127.10 	within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The 
127.11 	license holder is prohibited from operation during the 90-day temporary suspension period.
127.12 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
127.13 	final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that 
127.14 	sanction, the licensee is prohibited from operation pending a final commissioner's order 
127.15 	after the contested case hearing conducted under chapter 14.

127.16 	EFFECTIVE DATE. This section is effective August 1, 2014.

127.17 	Sec. 24. Minnesota Statutes 2012, section 144D.065, is amended to read:
127.18 	144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
127.19 	(a) If a housing with services establishment registered under this chapter has a special 
127.20 	program or special care unit for residents with Alzheimer's disease or other dementias 
127.21 	or advertises, markets, or otherwise promotes the establishment as providing services 
127.22 	for persons with Alzheimer's disease or related disorders other dementias, whether in a 
127.23 	segregated or general unit, the establishment's direct care staff and their supervisors must 
127.24 	be trained in dementia care. employees of the establishment and of the establishment's 
127.25 	arranged home care provider must meet the following training requirements:
127.26 	(1) supervisors of direct-care staff must have at least eight hours of initial training on 
127.27 	topics specified under paragraph (b) within 120 working hours of the employment start 
127.28 	date, and must have at least two hours of training on topics related to dementia care for 
127.29 	each 12 months of employment thereafter;
127.30 	(2) direct-care employees must have completed at least eight hours of initial training  
127.31 	on topics specified under paragraph (b) within 160 working hours of the employment start 
127.32 	date. Until this initial training is complete, an employee must not provide direct care unless 
127.33 	there is another employee on site who has completed the initial eight hours of training on 
127.34 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
128.1 	trainer of the requirements under paragraph (b), or a supervisor meeting the requirements 
128.2 	in paragraph (a), clause (1), must be available for consultation with the new employee until 
128.3 	the training requirement is complete. Direct-care employees must have at least two hours 
128.4 	of training on topics related to dementia for each 12 months of employment thereafter;
128.5 	(3) staff who do not provide direct care, including maintenance, housekeeping, and 
128.6 	food service staff, must have at least four hours of initial training on topics specified 
128.7 	under paragraph (b) within 160 working hours of the employment start date, and must 
128.8 	have at least two hours of training on topics related to dementia care for each 12 months of 
128.9 	employment thereafter; and
128.10 	(4) new employees may satisfy the initial training requirements by producing written 
128.11 	proof of previously completed required training within the past 18 months.
128.12 	(b) Areas of required training include:
128.13 	(1) an explanation of Alzheimer's disease and related disorders;
128.14 	(2) assistance with activities of daily living;
128.15 	(3) problem solving with challenging behaviors; and
128.16 	(4) communication skills.
128.17 	(c) The establishment shall provide to consumers in written or electronic form a 
128.18 	description of the training program, the categories of employees trained, the frequency 
128.19 	of training, and the basic topics covered. This information satisfies the disclosure 
128.20 	requirements of section 325F.72, subdivision 2, clause (4).
128.21 	(d) Housing with services establishments not included in paragraph (a) that provide 
128.22 	assisted living services under chapter 144G must meet the following training requirements:
128.23 	(1) supervisors of direct-care staff must have at least four hours of initial training on 
128.24 	topics specified under paragraph (b) within 120 working hours of the employment start 
128.25 	date, and must have at least two hours of training on topics related to dementia care for 
128.26 	each 12 months of employment thereafter;
128.27 	(2) direct-care employees must have completed at least four hours of initial training  
128.28 	on topics specified under paragraph (b) within 160 working hours of the employment start 
128.29 	date. Until this initial training is complete, an employee must not provide direct care unless 
128.30 	there is another employee on site who has completed the initial four hours of training on 
128.31 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
128.32 	trainer of the requirements under paragraph (b) or supervisor meeting the requirements 
128.33 	under paragraph (a), clause (1), must be available for consultation with the new employee 
128.34 	until the training requirement is complete. Direct-care employees must have at least two 
128.35 	hours of training on topics related to dementia for each 12 months of employment thereafter;
129.1 	(3) staff who do not provide direct care, including maintenance, housekeeping, and 
129.2 	food service staff, must have at least four hours of initial training on topics specified 
129.3 	under paragraph (b) within 160 working hours of the employment start date, and must 
129.4 	have at least two hours of training on topics related to dementia care for each 12 months of 
129.5 	employment thereafter; and
129.6 	(4) new employees may satisfy the initial training requirements by producing written 
129.7 	proof of previously completed required training within the past 18 months.

129.8 	EFFECTIVE DATE. This section is effective January 1, 2016.

129.9 	Sec. 25. [144D.10] MANAGER REQUIREMENTS.
129.10 	(a) The person primarily responsible for oversight and management of a housing 
129.11 	with services establishment, as designated by the owner of the housing with services 
129.12 	establishment, must obtain at least 30 hours of continuing education every two years of 
129.13 	employment as the manager in topics relevant to the operations of the housing with services 
129.14 	establishment and the needs of its tenants. Continuing education earned to maintain a 
129.15 	professional license, such as nursing home administrator license, nursing license, social 
129.16 	worker license, and real estate license, can be used to complete this requirement.
129.17 	(b) For managers of establishments identified in section 325F.72, this continuing 
129.18 	education must include at least eight hours of documented training on the topics identified 
129.19 	in section 144D.065, subdivision 1, paragraph (b), within 160 working hours of hire, and 
129.20 	two hours of training these topics for each 12 months of employment thereafter.
129.21 	(c) For managers of establishments not covered by section 325F.72, but who provide 
129.22 	assisted living services under chapter 144G, this continuing education must include at 
129.23 	least four hours of documented training on the topics identified in section 144D.065, 
129.24 	subdivision 1, paragraph (b), within 160 working hours of hire, and two hours of training 
129.25 	on these topics for each 12 months of employment thereafter.
129.26 	(d) A statement verifying compliance with the continuing education requirement 
129.27 	must be included in the housing with services establishment's annual registration to the 
129.28 	commissioner of health. The establishment must maintain records for at least three years 
129.29 	demonstrating that the person primarily responsible for oversight and management of the 
129.30 	establishment has attended educational programs as required by this section.
129.31 	(e) New managers may satisfy the initial dementia training requirements by producing 
129.32 	written proof of previously completed required training within the past 18 months.
129.33 	(f) This section does not apply to an establishment registered under section 
129.34 	144D.025 serving the homeless.

130.1 	EFFECTIVE DATE. This section is effective January 1, 2016.

130.2 	Sec. 26. [144D.11] EMERGENCY PLANNING.
130.3 	(a) Each registered housing with services establishment must meet the following 
130.4 	requirements:
130.5 	(1) have a written emergency disaster plan that contains a plan for evacuation, 
130.6 	addresses elements of sheltering in-place, identifies temporary relocation sites, and details 
130.7 	staff assignments in the event of a disaster or an emergency;
130.8 	(2) post an emergency disaster plan prominently;
130.9 	(3) provide building emergency exit diagrams to all tenants upon signing a lease;
130.10 	(4) post emergency exit diagrams on each floor; and
130.11 	(5) have a written policy and procedure regarding missing tenants.
130.12 	(b) Each registered housing with services establishment must provide emergency 
130.13 	and disaster training to all staff within 30 days of hire and annually thereafter and must 
130.14 	make emergency and disaster training available to all tenants annually.
130.15 	(c) Each registered housing with services location must conduct and document a fire 
130.16 	drill or other emergency drill at least every six months. To the extent possible, drills must 
130.17 	be coordinated with local fire departments or other community emergency resources.

130.18 	EFFECTIVE DATE. This section is effective January 1, 2016.

130.19 	Sec. 27. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2, 
130.20 	is amended to read:
130.21 		Subd. 2.Duties of director. The director of child sex trafficking prevention is 
130.22 	responsible for the following:
130.23 	(1) developing and providing comprehensive training on sexual exploitation of 
130.24 	youth for social service professionals, medical professionals, public health workers, and 
130.25 	criminal justice professionals;
130.26 	(2) collecting, organizing, maintaining, and disseminating information on sexual 
130.27 	exploitation and services across the state, including maintaining a list of resources on the 
130.28 	Department of Health Web site;
130.29 	(3) monitoring and applying for federal funding for antitrafficking efforts that may 
130.30 	benefit victims in the state;
130.31 	(4) managing grant programs established under sections 145.4716 to 145.4718;
130.32 	(5) managing the request for proposals for grants for comprehensive services, 
130.33 	including trauma-informed, culturally specific services;
131.1 	(6) identifying best practices in serving sexually exploited youth, as defined in 
131.2 	section 260C.007, subdivision 31;
131.3 	(6)(7) providing oversight of and technical support to regional navigators pursuant 
131.4 	to section 145.4717;
131.5 	(7)(8) conducting a comprehensive evaluation of the statewide program for safe 
131.6 	harbor of sexually exploited youth; and
131.7 	(8)(9) developing a policy consistent with the requirements of chapter 13 for sharing 
131.8 	data related to sexually exploited youth, as defined in section 260C.007, subdivision 31, 
131.9 	among regional navigators and community-based advocates.

131.10 	Sec. 28. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision 
131.11 	to read:
131.12 		Subd. 7a.Minority run health care professional associations. The commissioner 
131.13 	shall award grants to minority run health care professional associations to achieve the 
131.14 	following:
131.15 	(1) provide collaborative mental health services to minority residents;
131.16 	(2) provide collaborative, holistic, and culturally competent health care services in 
131.17 	communities with high concentrations of minority residents; and
131.18 	(3) collaborate on recruitment, training, and placement of minorities with health 
131.19 	care providers.

131.20 	Sec. 29. Minnesota Statutes 2012, section 149A.92, is amended by adding a 
131.21 	subdivision to read:
131.22 		Subd. 11.Scope. Notwithstanding the requirements in section 149A.50, this section 
131.23 	applies only to funeral establishments where human remains are present for the purpose 
131.24 	of preparation and embalming, private viewings, visitations, services, and holding of 
131.25 	human remains while awaiting final disposition. For the purpose of this subdivision, 
131.26 	"private viewing" means viewing of a dead human body by persons designated in section 
131.27 	149A.80, subdivision 2.

131.28 	Sec. 30. Minnesota Statutes 2012, section 325H.05, is amended to read:
131.29 	325H.05 POSTED WARNING REQUIRED.
131.30 	(a) The facility owner or operator shall conspicuously post the warning sign signs
131.31 	 described in paragraph paragraphs (b) and (c) within three feet of each tanning station. 
131.32 	The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, 
132.1 	and must be posted so that it can be easily viewed by the consumer before energizing the 
132.2 	tanning equipment.
132.3 	(b) The warning sign required in paragraph (a) shall have dimensions not less than 
132.4 	eight inches by ten inches, and must have the following wording:
132.5 	"DANGER - ULTRAVIOLET RADIATION
132.6 	-Follow instructions.
132.7 	-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin 
132.8 	injury and allergic reactions. Repeated exposure may cause premature aging 
132.9 	of the skin and skin cancer.
132.10 	-Wear protective eyewear.
132.11 	FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
132.12 	IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
132.13 	-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. 
132.14 	Consult a physician before using sunlamp or tanning equipment if you are 
132.15 	using medications or have a history of skin problems or believe yourself to be 
132.16 	especially sensitive to sunlight."
132.17 	(c) All tanning facilities must prominently display a sign in a conspicuous place, 
132.18 	at the point of sale, that states it is unlawful for a tanning facility or operator to allow a 
132.19 	person under age 18 to use any tanning equipment.

132.20 	Sec. 31. [325H.085] USE BY MINORS PROHIBITED.
132.21 	A person under age 18 may not use any type of tanning equipment as defined by 
132.22 	section 325H.01, subdivision 6, available in a tanning facility in this state.

132.23 	Sec. 32. Minnesota Statutes 2012, section 325H.09, is amended to read:
132.24 	325H.09 PENALTY.
132.25 	Any person who leases tanning equipment or who owns a tanning facility and who 
132.26 	operates or permits the equipment or facility to be operated in noncompliance with the 
132.27 	requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

132.28 	Sec. 33. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION; 
132.29 	REGISTRATION.
132.30 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
132.31 	have the meanings given them.
133.1 	(b) "Automatic external defibrillator" or "AED" means an electronic device designed 
133.2 	and manufactured to operate automatically or semiautomatically for the purpose of 
133.3 	delivering an electrical current to the heart of a person in sudden cardiac arrest.
133.4 	(c) "AED registry" means a registry of AEDs that requires a maintenance program 
133.5 	or package, and includes, but is not limited to, the following registries: the Minnesota 
133.6 	AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
133.7 	(d) "Person" means a natural person, partnership, association, corporation, or unit 
133.8 	of government.
133.9 	(e) "Public access AED" means any AED that is intended, by its markings or display, 
133.10 	to be used or accessed by the public for the benefit of the general public that may happen 
133.11 	to be in the vicinity or location of that AED. It does not include an AED that is owned or 
133.12 	used by a hospital, clinic, business, or organization that is intended to be used by staff and 
133.13 	is not marked or displayed in a manner to encourage public access.
133.14 	(f) "Maintenance program or package" means a program that will alert the AED 
133.15 	owner when the AED has electrodes and batteries due to expire or replaces those expiring 
133.16 	electrodes and batteries for the AED owner.
133.17 	(g) "Public safety agency" means local law enforcement, county sheriff, municipal 
133.18 	police, tribal agencies, state law enforcement, fire departments, including municipal 
133.19 	departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, 
133.20 	and licensed ambulance services.
133.21 	(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located 
133.22 	in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be 
133.23 	placed in stationary storage, including, but not limited to, an AED used at an athletic event.
133.24 	(i) "Private use AED" means an AED that is not intended to be used or accessed by 
133.25 	the public for the benefit of the general public. This may include, but is not limited to, 
133.26 	AEDs found in private residences.
133.27 		Subd. 2.Registration. A person who purchases or obtains a public access AED shall 
133.28 	register that device with an AED registry within 30 working days of receiving the AED.
133.29 		Subd. 3.Required information. A person registering a public access AED shall 
133.30 	provide the following information for each AED:
133.31 	(1) AED manufacturer, model, and serial number;
133.32 	(2) specific location where the AED will be kept; and
133.33 	(3) the title, address, and telephone number of a person in management at the 
133.34 	business or organization where the AED is located.
134.1 		Subd. 4.Information changes. The owner of a public access AED shall notify their 
134.2 	AED registry of any changes in the information that is required in the registration within 
134.3 	30 working days of the change occurring.
134.4 		Subd. 5.Public access AED requirements. A public access AED:
134.5 	(1) may be inspected during regular business hours by a public safety agency with 
134.6 	jurisdiction over the location of the AED;
134.7 	(2) shall be kept in the location specified in the registration; and
134.8 	(3) shall be reasonably maintained, including replacement of dead batteries and 
134.9 	pads/electrodes, and comply with all manufacturer's recall and safety notices.
134.10 		Subd. 6.Removal of AED. An authorized agent of a public safety agency with 
134.11 	jurisdiction over the location of the AED may direct the owner of a public access AED 
134.12 	to comply with this section. Such authorized agent of a public safety agency may direct 
134.13 	the owner of the AED to remove the AED from its public access location and to remove 
134.14 	or cover any public signs relating to that AED if it is determined that the AED is not 
134.15 	ready for immediate use.
134.16 		Subd. 7.Private use AEDs. The owner of a private use AED is not subject to the 
134.17 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
134.18 		Subd. 8.Mobile AEDs. The owner of a mobile AED is not subject to the 
134.19 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
134.20 		Subd. 9.Signs. A person acquiring a public use AED is encouraged but is not 
134.21 	required to post signs bearing the universal AED symbol in order to increase the ease of 
134.22 	access by the public to the AED in the event of an emergency. A person may not post any 
134.23 	AED sign or allow any AED sign to remain posted upon being ordered to remove or cover 
134.24 	any AED signs by an authorized agent of a public safety agency.
134.25 		Subd. 10.Emergency response plans. The owner of one or more public access 
134.26 	AEDs shall develop an emergency response plan appropriate for the nature of the facility 
134.27 	the AED is intended to serve.
134.28 		Subd. 11.No civil liability. Nothing in this section shall create any civil liability on 
134.29 	the part of an AED owner.

134.30 	EFFECTIVE DATE. This section is effective August 1, 2014.

134.31 	Sec. 34. Minnesota Statutes 2012, section 461.12, is amended to read:
134.32 	461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO, 
134.33 	TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
135.1 		Subdivision 1.Authorization. A town board or the governing body of a home 
135.2 	rule charter or statutory city may license and regulate the retail sale of tobacco and,
135.3 	 tobacco-related devices, and electronic delivery devices as defined in section 609.685, 
135.4 	subdivision 1, and nicotine and lobelia delivery products as described in section 609.6855, 
135.5 	and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 
135.6 	The county board shall license and regulate the sale of tobacco and, tobacco-related 
135.7 	devices, electronic delivery devices, and nicotine and lobelia products in unorganized 
135.8 	territory of the county except on the State Fairgrounds and in a town or a home rule charter 
135.9 	or statutory city if the town or city does not license and regulate retail sales of tobacco 
135.10 	sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
135.11 	delivery products. The State Agricultural Society shall license and regulate the sale of 
135.12 	tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
135.13 	delivery products on the State Fairgrounds. Retail establishments licensed by a town or 
135.14 	city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and 
135.15 	lobelia delivery products are not required to obtain a second license for the same location 
135.16 	under the licensing ordinance of the county.
135.17 		Subd. 2.Administrative penalties; licensees. If a licensee or employee of a 
135.18 	licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine 
135.19 	or lobelia delivery products to a person under the age of 18 years, or violates any other 
135.20 	provision of this chapter, the licensee shall be charged an administrative penalty of $75. 
135.21 	An administrative penalty of $200 must be imposed for a second violation at the same 
135.22 	location within 24 months after the initial violation. For a third violation at the same 
135.23 	location within 24 months after the initial violation, an administrative penalty of $250 
135.24 	must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, 
135.25 	electronic delivery devices, or nicotine or lobelia delivery products at that location must be 
135.26 	suspended for not less than seven days. No suspension or penalty may take effect until the 
135.27 	licensee has received notice, served personally or by mail, of the alleged violation and an 
135.28 	opportunity for a hearing before a person authorized by the licensing authority to conduct 
135.29 	the hearing. A decision that a violation has occurred must be in writing.
135.30 		Subd. 3.Administrative penalty; individuals. An individual who sells tobacco 
135.31 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
135.32 	products to a person under the age of 18 years must be charged an administrative penalty 
135.33 	of $50. No penalty may be imposed until the individual has received notice, served 
135.34 	personally or by mail, of the alleged violation and an opportunity for a hearing before a 
135.35 	person authorized by the licensing authority to conduct the hearing. A decision that a 
135.36 	violation has occurred must be in writing.
136.1 		Subd. 4.Minors. The licensing authority shall consult with interested educators, 
136.2 	parents, children, and representatives of the court system to develop alternative penalties 
136.3 	for minors who purchase, possess, and consume tobacco or, tobacco-related devices, 
136.4 	electronic delivery devices, or nicotine or lobelia delivery products. The licensing 
136.5 	authority and the interested persons shall consider a variety of options, including, but 
136.6 	not limited to, tobacco free education programs, notice to schools, parents, community 
136.7 	service, and other court diversion programs.
136.8 		Subd. 5.Compliance checks. A licensing authority shall conduct unannounced 
136.9 	compliance checks at least once each calendar year at each location where tobacco is, 
136.10 	tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products 
136.11 	are sold to test compliance with section sections 609.685 and 609.6855. Compliance 
136.12 	checks must involve minors over the age of 15, but under the age of 18, who, with the prior 
136.13 	written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related 
136.14 	devices, electronic delivery devices, or nicotine or lobelia delivery products under the 
136.15 	direct supervision of a law enforcement officer or an employee of the licensing authority.
136.16 		Subd. 6.Defense. It is an affirmative defense to the charge of selling tobacco 
136.17 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
136.18 	products to a person under the age of 18 years in violation of subdivision 2 or 3 that the 
136.19 	licensee or individual making the sale relied in good faith upon proof of age as described 
136.20 	in section 340A.503, subdivision 6.
136.21 		Subd. 7.Judicial review. Any person aggrieved by a decision under subdivision 
136.22 	2 or 3 may have the decision reviewed in the district court in the same manner and 
136.23 	procedure as provided in section 462.361.
136.24 		Subd. 8.Notice to commissioner. The licensing authority under this section shall, 
136.25 	within 30 days of the issuance of a license, inform the commissioner of revenue of the 
136.26 	licensee's name, address, trade name, and the effective and expiration dates of the license. 
136.27 	The commissioner of revenue must also be informed of a license renewal, transfer, 
136.28 	cancellation, suspension, or revocation during the license period.

136.29 	Sec. 35. Minnesota Statutes 2012, section 461.18, is amended to read:
136.30 	461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
136.31 		Subdivision 1.Except in adult-only facilities. (a) No person shall offer for sale 
136.32 	tobacco or tobacco-related devices, or electronic delivery devices as defined in section 
136.33 	609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 
136.34 	609.6855, in open displays which are accessible to the public without the intervention 
136.35 	of a store employee.
137.1 	(b) [Expired August 28, 1997]
137.2 	(c) [Expired]
137.3 	(d) This subdivision shall not apply to retail stores which derive at least 90 percent 
137.4 	of their revenue from tobacco and tobacco-related products devices and where the retailer 
137.5 	ensures that no person younger than 18 years of age is present, or permitted to enter, at 
137.6 	any time.
137.7 		Subd. 2.Vending machine sales prohibited. No person shall sell tobacco products, 
137.8 	electronic delivery devices, or nicotine or lobelia delivery products from vending 
137.9 	machines. This subdivision does not apply to vending machines in facilities that cannot be 
137.10 	entered at any time by persons younger than 18 years of age.
137.11 		Subd. 3.Federal regulations for cartons, multipacks. Code of Federal 
137.12 	Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 
137.13 	and other multipack units.

137.14 	Sec. 36. Minnesota Statutes 2012, section 461.19, is amended to read:
137.15 	461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
137.16 	Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 
137.17 	restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery 
137.18 	devices, and nicotine and lobelia products. A governing body shall give notice of its 
137.19 	intention to consider adoption or substantial amendment of any local ordinance required 
137.20 	under section 461.12 or permitted under this section. The governing body shall take 
137.21 	reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 
137.22 	known address of each licensee or person required to hold a license under section 461.12. 
137.23 	The notice shall state the time, place, and date of the meeting and the subject matter of 
137.24 	the proposed ordinance.

137.25 	Sec. 37. Minnesota Statutes 2012, section 609.685, is amended to read:
137.26 	609.685 SALE OF TOBACCO TO CHILDREN.
137.27 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
137.28 	shall have the meanings respectively ascribed to them in this section.
137.29 	(a) "Tobacco" means cigarettes and any product containing, made, or derived from 
137.30 	tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 
137.31 	dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 
137.32 	part, or accessory of a tobacco product; including but not limited to cigars; cheroots; 
137.33 	stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 
137.34 	snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 
138.1 	shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 
138.2 	forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 
138.3 	United States Food and Drug Administration for sale as a tobacco-cessation product, as a 
138.4 	tobacco-dependence product, or for other medical purposes, and is being marketed and 
138.5 	sold solely for such an approved purpose.
138.6 	(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or 
138.7 	other devices intentionally designed or intended to be used in a manner which enables 
138.8 	the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. 
138.9 	Tobacco-related devices include components of tobacco-related devices which may be 
138.10 	marketed or sold separately.
138.11 	(c) "Electronic delivery device" means any product containing or delivering nicotine, 
138.12 	lobelia, or any other substance intended for human consumption that can be used by a 
138.13 	person to simulate smoking in the delivery of nicotine or any other substance through 
138.14 	inhalation of vapor from the product. Electronic delivery device includes any component 
138.15 	part of a product, whether or not marketed or sold separately. Electronic delivery device 
138.16 	does not include any product that has been approved or certified by the United States Food 
138.17 	and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence 
138.18 	product, or for other medical purposes, and is marketed and sold for such an approved 
138.19 	purpose.
138.20 		Subd. 1a.Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or 
138.21 	electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor 
138.22 	for the first violation. Whoever violates this subdivision a subsequent time within five 
138.23 	years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
138.24 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
138.25 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
138.26 	relied on proof of age as described in section 340A.503, subdivision 6.
138.27 		Subd. 2.Other offenses. (a) Whoever furnishes tobacco or, tobacco-related 
138.28 	devices, or electronic delivery devices to a person under the age of 18 years is guilty of a 
138.29 	misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 
138.30 	guilty of a gross misdemeanor.
138.31 	(b) A person under the age of 18 years who purchases or attempts to purchase 
138.32 	tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's 
138.33 	license, permit, Minnesota identification card, or any type of false identification to 
138.34 	misrepresent the person's age, is guilty of a misdemeanor.
138.35 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivision 2, 
138.36 	whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 
139.1 	purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery 
139.2 	devices and is under the age of 18 years is guilty of a petty misdemeanor.
139.3 		Subd. 4.Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 
139.4 	or preclude the continuation or adoption of any local ordinance which provides for more 
139.5 	stringent regulation of the subject matter in subdivisions 1 to 3.
139.6 		Subd. 5.Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 
139.7 	tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 
139.8 	traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 
139.9 	is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
139.10 	(b) The penalties in this section do not apply to a person under the age of 18 years 
139.11 	who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic 
139.12 	delivery devices while under the direct supervision of a responsible adult for training, 
139.13 	education, research, or enforcement purposes.
139.14 		Subd. 6.Seizure of false identification. A retailer may seize a form of identification 
139.15 	listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 
139.16 	that the form of identification has been altered or falsified or is being used to violate any 
139.17 	law. A retailer that seizes a form of identification as authorized under this subdivision 
139.18 	shall deliver it to a law enforcement agency within 24 hours of seizing it.

139.19 	Sec. 38. Minnesota Statutes 2012, section 609.6855, is amended to read:
139.20 	609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
139.21 		Subdivision 1.Penalty to sell. (a) Whoever sells to a person under the age of 
139.22 	18 years a product containing or delivering nicotine or lobelia intended for human 
139.23 	consumption, or any part of such a product, that is not tobacco or an electronic delivery 
139.24 	device as defined by section 609.685, is guilty of a misdemeanor for the first violation. 
139.25 	Whoever violates this subdivision a subsequent time within five years of a previous 
139.26 	conviction under this subdivision is guilty of a gross misdemeanor.
139.27 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
139.28 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
139.29 	relied on proof of age as described in section 340A.503, subdivision 6.
139.30 	(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 
139.31 	lobelia intended for human consumption, or any part of such a product, that is not tobacco
139.32 	 or an electronic delivery device as defined by section 609.685, may be sold to persons 
139.33 	under the age of 18 if the product has been approved or otherwise certified for legal sale 
139.34 	by the United States Food and Drug Administration for tobacco use cessation, harm 
140.1 	reduction, or for other medical purposes, and is being marketed and sold solely for that 
140.2 	approved purpose.
140.3 		Subd. 2.Other offense. A person under the age of 18 years who purchases or 
140.4 	attempts to purchase a product containing or delivering nicotine or lobelia intended for 
140.5 	human consumption, or any part of such a product, that is not tobacco or an electronic 
140.6 	delivery device as defined by section 609.685, and who uses a driver's license, permit, 
140.7 	Minnesota identification card, or any type of false identification to misrepresent the 
140.8 	person's age, is guilty of a misdemeanor.
140.9 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 
140.10 	2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 
140.11 	a product containing or delivering nicotine or lobelia intended for human consumption, or 
140.12 	any part of such a product, that is not tobacco or an electronic delivery device as defined 
140.13 	by section 609.685, is guilty of a petty misdemeanor.

140.14 	Sec. 39. EVALUATION AND REPORTING REQUIREMENTS.
 140.15 	(a) The commissioner of health shall consult with the Alzheimer's Association, 
140.16 	Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term 
140.17 	care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
140.18 	(1) whether additional settings, provider types, licensed and unlicensed personnel, or 
140.19 	health care services regulated by the commissioner should be required to comply with the 
140.20 	training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
140.21 	(2) cost implications for the groups or individuals identified in clause (1) to comply 
140.22 	with the training requirements;
140.23 	(3) dementia education options available;
140.24 	(4) existing dementia training mandates under federal and state statutes and rules; and
140.25 	(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and 
140.26 	144D.11, and methods to determine compliance with the training requirements.
140.27 	(b) The commissioner shall report the evaluation to the chairs of the health and 
140.28 	human services committees of the legislature no later than February 15, 2015, along with 
140.29 	any recommendations for legislative changes.

140.30 	Sec. 40. LIMITED OPT-IN EXCEPTION.
 140.31 	Parents and legal guardians of infants born prior to the effective date of this act 
140.32 	may give the Department of Health written consent for storage and use as described in 
140.33 	Minnesota Statutes, section 144.125, subdivisions 5 and 8.

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

141.1 	Sec. 41. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
 141.2 	The commissioner of health shall develop recommendations on ways to minimize 
141.3 	triclosan health risks.

141.4 	Sec. 42.  REPEALER.
 141.5 	(a) Minnesota Statutes 2012, section 144.125, subdivision 6, is repealed the day 
141.6 	following final enactment.
141.7 	(b) Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

141.8 	ARTICLE 7
141.9 	LOCAL PUBLIC HEALTH SYSTEM

141.10 	Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a 
141.11 	subdivision to read:
141.12 		Subd. 1a.Areas of public health responsibility. "Areas of public health 
141.13 	responsibility" means:
141.14 	(1) assuring an adequate local public health infrastructure;
141.15 	(2) promoting healthy communities and healthy behaviors;
141.16 	(3) preventing the spread of communicable disease;
141.17 	(4) protecting against environmental health hazards;
141.18 	(5) preparing for and responding to emergencies; and
141.19 	(6) assuring health services.

141.20 	Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
141.21 		Subd. 5.Community health board. "Community health board" means a board of 
141.22 	health established, operating, and eligible for a the governing body for local public health 
141.23 	grant under sections 145A.09 to 145A.131. in Minnesota. The community health board 
141.24 	may be comprised of a single county, multiple contiguous counties, or in a limited number 
141.25 	of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the 
141.26 	responsibilities and authority under this chapter. 

141.27 	Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
141.28 	to read:
141.29 		Subd. 6a.Community health services administrator. "Community health services 
141.30 	administrator" means a person who meets personnel standards for the position established 
141.31 	under section 145A.06, subdivision 3b, and is working under a written agreement with, 
141.32 	employed by, or under contract with a community health board to provide public health 
142.1 	leadership and to discharge the administrative and program responsibilities on behalf of 
142.2 	the board.

142.3 	Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
142.4 	to read:
142.5 		Subd. 8a.Local health department. "Local health department" means an 
142.6 	operational entity that is responsible for the administration and implementation of 
142.7 	programs and services to address the areas of public health responsibility. It is governed 
142.8 	by a community health board.

142.9 	Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
142.10 	to read:
142.11 		Subd. 8b.Essential public health services. "Essential public health services" 
142.12 	means the public health activities that all communities should undertake. These services 
142.13 	serve as the framework for the National Public Health Performance Standards. In 
142.14 	Minnesota they refer to activities that are conducted to accomplish the areas of public 
142.15 	health responsibility. The ten essential public health services are to:
142.16 	(1) monitor health status to identify and solve community health problems;
142.17 	(2) diagnose and investigate health problems and health hazards in the community;
142.18 	(3) inform, educate, and empower people about health issues;
142.19 	(4) mobilize community partnerships and action to identify and solve health 
142.20 	problems;
142.21 	(5) develop policies and plans that support individual and community health efforts;
142.22 	(6) enforce laws and regulations that protect health and ensure safety;
142.23 	(7) link people to needed personal health services and assure the provision of health 
142.24 	care when otherwise unavailable;
142.25 	(8) maintain a competent public health workforce;
142.26 	(9) evaluate the effectiveness, accessibility, and quality of personal and 
142.27 	population-based health services; and
142.28 	(10) contribute to research seeking new insights and innovative solutions to health 
142.29 	problems.

142.30 	Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
142.31 		Subd. 15.Medical consultant. "Medical consultant" means a physician licensed 
142.32 	to practice medicine in Minnesota who is working under a written agreement with, 
142.33 	employed by, or on contract with a community health board of health to provide advice 
143.1 	and information, to authorize medical procedures through standing orders protocols, and 
143.2 	to assist a community health board of health and its staff in coordinating their activities 
143.3 	with local medical practitioners and health care institutions.

143.4 	Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
143.5 	to read:
143.6 		Subd. 15a.Performance management. "Performance management" means the 
143.7 	systematic process of using data for decision making by identifying outcomes and 
143.8 	standards; measuring, monitoring, and communicating progress; and engaging in quality 
143.9 	improvement activities in order to achieve desired outcomes.

143.10 	Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
143.11 	to read:
143.12 		Subd. 15b.Performance measures. "Performance measures" means quantitative 
143.13 	ways to define and measure performance.

143.14 	Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
143.15 		Subdivision 1.Establishment; assignment of responsibilities. (a) The governing 
143.16 	body of a city or county must undertake the responsibilities of a community health board 
143.17 	of health or establish a board of health by establishing or joining a community health 
143.18 	board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of 
143.19 	a board of health specified under section 145A.04.
143.20 	(b) A city council may ask a county or joint powers board of health to undertake 
143.21 	the responsibilities of a board of health for the city's jurisdiction. A community health 
143.22 	board must include within its jurisdiction a population of 30,000 or more persons or be 
143.23 	composed of three or more contiguous counties.
143.24 	(c) A county board or city council within the jurisdiction of a community health 
143.25 	board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
143.26 	 community health board except as specified in section 145A.10, subdivision 2 145A.131.
143.27 	(d) A county board or a joint powers board that establishes a community health 
143.28 	board and has or establishes an operational human services board under chapter 402 may 
143.29 	assign the powers and duties of a community health board to a human services board. 
143.30 	Eligibility for funding from the commissioner will be maintained if all requirements of 
143.31 	sections 145A.03 and 145A.04 are met.
144.1 	(e) Community health boards established prior to January 1, 2014, including city 
144.2 	community health boards, are eligible to maintain their status as community health boards 
144.3 	as outlined in this subdivision.
144.4 	(f) A community health board may authorize, by resolution, the community 
144.5 	health service administrator or other designated agent or agents to act on behalf of the 
144.6 	community health board.

144.7 	Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
144.8 		Subd. 2.Joint powers community health board of health. Except as preempted 
144.9 	under section 145A.10, subdivision 2, A county may establish a joint community health 
144.10 	board of health by agreement with one or more contiguous counties, or a an existing city 
144.11 	community health board may establish a joint community health board of health with one 
144.12 	or more contiguous cities in the same county, or a city may establish a joint board of health 
144.13 	with the existing city community health boards in the same county or counties within in
144.14 	 which it is located. The agreements must be established according to section 471.59.

144.15 	Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
144.16 		Subd. 4.Membership; duties of chair. A community health board of health must 
144.17 	have at least five members, one of whom must be elected by the members as chair and one 
144.18 	as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings 
144.19 	of the community health board of health and sign or authorize an agent to sign contracts and 
144.20 	other documents requiring signature on behalf of the community health board of health.

144.21 	Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
144.22 		Subd. 5.Meetings. A community health board of health must hold meetings at least 
144.23 	twice a year and as determined by its rules of procedure. The board must adopt written 
144.24 	procedures for transacting business and must keep a public record of its transactions, 
144.25 	findings, and determinations. Members may receive a per diem plus travel and other 
144.26 	eligible expenses while engaged in official duties.

144.27 	Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a 
144.28 	subdivision to read:
144.29 		Subd. 7.Community health board; eligibility for funding. A community health 
144.30 	board that meets the requirements of this section is eligible to receive the local public 
144.31 	health grant under section 145A.131 and for other funds that the commissioner grants to 
144.32 	community health boards to carry out public health activities.

145.1 	Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter 
145.2 	43, section 21, is amended to read:
145.3 	145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF 
145.4 	HEALTH.
145.5 		Subdivision 1.Jurisdiction; enforcement. (a) A county or multicountycommunity 
145.6 	health board of health has the powers and duties of a board of health for all territory within 
145.7 	its jurisdiction not under the jurisdiction of a city board of health. Under the general 
145.8 	supervision of the commissioner, the board shall enforce laws, regulations, and ordinances 
145.9 	pertaining to the powers and duties of a board of health within its jurisdictional area
145.10 	 general responsibility for development and maintenance of a system of community health 
145.11 	services under local administration and within a system of state guidelines and standards.
145.12 	(b) Under the general supervision of the commissioner, the community health board 
145.13 	shall recommend the enforcement of laws, regulations, and ordinances pertaining to the 
145.14 	powers and duties within its jurisdictional area. In the case of a multicounty or city 
145.15 	community health board, the joint powers agreement under section 145A.03, subdivision 
145.16 	2, or delegation agreement under section 145A.07 shall clearly specify enforcement 
145.17 	authorities.
145.18 	(c) A member of a community health board may not withdraw from a joint powers 
145.19 	community health board during the first two calendar years following the effective 
145.20 	date of the initial joint powers agreement. The withdrawing member must notify the 
145.21 	commissioner and the other parties to the agreement at least one year before the beginning 
145.22 	of the calendar year in which withdrawal takes effect.
145.23 	(d) The withdrawal of a county or city from a community health board does not 
145.24 	effect the eligibility for the local public health grant of any remaining county or city for 
145.25 	one calendar year following the effective date of withdrawal.
145.26 	(e) The local public health grant for a county or city that chooses to withdraw from 
145.27 	a multicounty community health board shall be reduced by the amount of the local 
145.28 	partnership incentive.
145.29 		Subd. 1a.Duties. Consistent with the guidelines and standards established under 
145.30 	section 145A.06, the community health board shall:
145.31 	(1) identify local public health priorities and implement activities to address the 
145.32 	priorities and the areas of public health responsibility, which include:
145.33 	(i) assuring an adequate local public health infrastructure by maintaining the basic 
145.34 	foundational capacities to a well-functioning public health system that includes data 
145.35 	analysis and utilization; health planning; partnership development and community 
146.1 	mobilization; policy development, analysis, and decision support; communication; and 
146.2 	public health research, evaluation, and quality improvement;
146.3 	(ii) promoting healthy communities and healthy behavior through activities 
146.4 	that improve health in a population, such as investing in healthy families; engaging 
146.5 	communities to change policies, systems, or environments to promote positive health or 
146.6 	prevent adverse health; providing information and education about healthy communities 
146.7 	or population health status; and addressing issues of health equity, health disparities, and 
146.8 	the social determinants to health;
146.9 	(iii) preventing the spread of communicable disease by preventing diseases that are 
146.10 	caused by infectious agents through detecting acute infectious diseases, ensuring the 
146.11 	reporting of infectious diseases, preventing the transmission of infectious diseases, and 
146.12 	implementing control measures during infectious disease outbreaks;
146.13 	(iv) protecting against environmental health hazards by addressing aspects of the 
146.14 	environment that pose risks to human health, such as monitoring air and water quality; 
146.15 	developing policies and programs to reduce exposure to environmental health risks and 
146.16 	promote healthy environments; and identifying and mitigating environmental risks such as 
146.17 	food and waterborne diseases, radiation, occupational health hazards, and public health 
146.18 	nuisances;
146.19 	(v) preparing and responding to emergencies by engaging in activities that prepare 
146.20 	public health departments to respond to events and incidents and assist communities in 
146.21 	recovery, such as providing leadership for public health preparedness activities with 
146.22 	a community; developing, exercising, and periodically reviewing response plans for 
146.23 	public health threats; and developing and maintaining a system of public health workforce 
146.24 	readiness, deployment, and response; and
146.25 	(vi) assuring health services by engaging in activities such as assessing the 
146.26 	availability of health-related services and health care providers in local communities, 
146.27 	identifying gaps and barriers in services; convening community partners to improve 
146.28 	community health systems; and providing services identified as priorities by the local 
146.29 	assessment and planning process; and
146.30 	(2) submit to the commissioner of health, at least every five years, a community 
146.31 	health assessment and community health improvement plan, which shall be developed 
146.32 	with input from the community and take into consideration the statewide outcomes, the 
146.33 	areas of responsibility, and essential public health services;
146.34 	(3) implement a performance management process in order to achieve desired 
146.35 	outcomes; and
147.1 	(4) annually report to the commissioner on a set of performance measures and be 
147.2 	prepared to provide documentation of ability to meet the performance measures.
147.3 		Subd. 2.Appointment of agent community health service (CHS) administrator.
 147.4 	A community health board of health must appoint, employ, or contract with a person or 
147.5 	persons CHS administrator to act on its behalf. The board shall notify the commissioner 
147.6 	of the agent's name, address, and phone number where the agent may be reached between 
147.7 	board meetings CHS administrator's contact information and submit a copy of the 
147.8 	resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
147.9 	 The resolution must specify the types of action or actions that the CHS administrator is 
147.10 	authorized to take on behalf of the board.
147.11 		Subd. 2a.Appointment of medical consultant. The community health board shall 
147.12 	appoint, employ, or contract with a medical consultant to ensure appropriate medical 
147.13 	advice and direction for the community health board and assist the board and its staff in 
147.14 	the coordination of community health services with local medical care and other health 
147.15 	services.
147.16 		Subd. 3.Employment; medical consultant employees. (a) A community health 
147.17 	board of health may establish a health department or other administrative agency and may 
147.18 	employ persons as necessary to carry out its duties.
147.19 	(b) Except where prohibited by law, employees of the community health board 
147.20 	of health may act as its agents.
147.21 	(c) Employees of the board of health are subject to any personnel administration 
147.22 	rules adopted by a city council or county board forming the board of health unless the 
147.23 	employees of the board are within the scope of a statewide personnel administration 
147.24 	system. Persons employed by a county, city, or the state whose functions and duties are 
147.25 	assumed by a community health board shall become employees of the board without 
147.26 	loss in benefits, salaries, or rights.
147.27 	(d) The board of health may appoint, employ, or contract with a medical consultant 
147.28 	to receive appropriate medical advice and direction.
147.29 		Subd. 4.Acquisition of property; request for and acceptance of funds; 
147.30 	collection of fees. (a) A community health board of health may acquire and hold in the 
147.31 	name of the county or city the lands, buildings, and equipment necessary for the purposes 
147.32 	of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts, 
147.33 	purchase, lease, or transfer of custodial control.
147.34 	(b) A community health board of health may accept gifts, grants, and subsidies from 
147.35 	any lawful source, apply for and accept state and federal funds, and request and accept 
147.36 	local tax funds.
148.1 	(c) A community health board of health may establish and collect reasonable fees 
148.2 	for performing its duties and providing community health services.
148.3 	(d) With the exception of licensing and inspection activities, access to community 
148.4 	health services provided by or on contract with the community health board of health must 
148.5 	not be denied to an individual or family because of inability to pay.
148.6 		Subd. 5.Contracts. To improve efficiency, quality, and effectiveness, avoid 
148.7 	unnecessary duplication, and gain cost advantages, a community health board of health
148.8 	 may contract to provide, receive, or ensure provision of services.
148.9 		Subd. 6.Investigation; reporting and control of communicable diseases. A 
148.10 	community health board of health shall make investigations, or coordinate with any county 
148.11 	board or city council within its jurisdiction to make investigations and reports and obey 
148.12 	instructions on the control of communicable diseases as the commissioner may direct under 
148.13 	section 144.12, 145A.06, subdivision 2, or 145A.07. Community health boards of health
148.14 	 must cooperate so far as practicable to act together to prevent and control epidemic diseases.
148.15 		Subd. 6a.Minnesota Responds Medical Reserve Corps; planning. A community 
148.16 	health board of health receiving funding for emergency preparedness or pandemic 
148.17 	influenza planning from the state or from the United States Department of Health and 
148.18 	Human Services shall participate in planning for emergency use of volunteer health 
148.19 	professionals through the Minnesota Responds Medical Reserve Corps program of the 
148.20 	Department of Health. A community health board of health shall collaborate on volunteer 
148.21 	planning with other public and private partners, including but not limited to local or 
148.22 	regional health care providers, emergency medical services, hospitals, tribal governments, 
148.23 	state and local emergency management, and local disaster relief organizations.
148.24 		Subd. 6b.Minnesota Responds Medical Reserve Corps; agreements. A 
148.25 	community health board of health, county, or city participating in the Minnesota Responds 
148.26 	Medical Reserve Corps program may enter into written mutual aid agreements for 
148.27 	deployment of its paid employees and its Minnesota Responds Medical Reserve Corps 
148.28 	volunteers with other community health boards of health, other political subdivisions 
148.29 	within the state, or with tribal governments within the state. A community health board 
148.30 	of health may also enter into agreements with the Indian Health Services of the United 
148.31 	States Department of Health and Human Services, and with boards of health, political 
148.32 	subdivisions, and tribal governments in bordering states and Canadian provinces.
148.33 		Subd. 6c.Minnesota Responds Medical Reserve Corps; when mobilized. When 
148.34 	a community health board of health, county, or city finds that the prevention, mitigation, 
148.35 	response to, or recovery from an actual or threatened public health event or emergency 
148.36 	exceeds its local capacity, it shall use available mutual aid agreements. If the event or 
149.1 	emergency exceeds mutual aid capacities, a community health board of health, county, or 
149.2 	city may request the commissioner of health to mobilize Minnesota Responds Medical 
149.3 	Reserve Corps volunteers from outside the jurisdiction of the community health board 
149.4 	of health, county, or city.
149.5 		Subd. 6d.Minnesota Responds Medical Reserve Corps; liability coverage.
 149.6 	A Minnesota Responds Medical Reserve Corps volunteer responding to a request for 
149.7 	training or assistance at the call of a community health board of health, county, or city
149.8 	 must be deemed an employee of the jurisdiction for purposes of workers' compensation, 
149.9 	tort claim defense, and indemnification.
149.10 		Subd. 7.Entry for inspection. To enforce public health laws, ordinances or rules, a 
149.11 	member or agent of a community health board of health, county, or city may enter a 
149.12 	building, conveyance, or place where contagion, infection, filth, or other source or cause 
149.13 	of preventable disease exists or is reasonably suspected.
149.14 		Subd. 8.Removal and abatement of public health nuisances. (a) If a threat to the 
149.15 	public health such as a public health nuisance, source of filth, or cause of sickness is found 
149.16 	on any property, the community health board of health, county, city, or its agent shall order 
149.17 	the owner or occupant of the property to remove or abate the threat within a time specified 
149.18 	in the notice but not longer than ten days. Action to recover costs of enforcement under 
149.19 	this subdivision must be taken as prescribed in section 145A.08.
149.20 	(b) Notice for abatement or removal must be served on the owner, occupant, or agent 
149.21 	of the property in one of the following ways:
149.22 	(1) by registered or certified mail;
149.23 	(2) by an officer authorized to serve a warrant; or
149.24 	(3) by a person aged 18 years or older who is not reasonably believed to be a party to 
149.25 	any action arising from the notice.
149.26 	(c) If the owner of the property is unknown or absent and has no known representative 
149.27 	upon whom notice can be served, the community health board of health, county, or city,
149.28 	 or its agent, shall post a written or printed notice on the property stating that, unless the 
149.29 	threat to the public health is abated or removed within a period not longer than ten days, 
149.30 	the community health board, county, or city will have the threat abated or removed at the 
149.31 	expense of the owner under section 145A.08 or other applicable state or local law.
149.32 	(d) If the owner, occupant, or agent fails or neglects to comply with the requirement 
149.33 	of the notice provided under paragraphs (b) and (c), then the community health board of 
149.34 	health, county, city, or its a designated agent of the board, county, or city shall remove or 
149.35 	abate the nuisance, source of filth, or cause of sickness described in the notice from the 
149.36 	property.
150.1 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
150.2 	community health board of health, county, or city may bring an action in the court of 
150.3 	appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board 
150.4 	has power to enforce, or to enjoin as a public health nuisance any activity or failure to 
150.5 	act that adversely affects the public health.
150.6 		Subd. 10.Hindrance of enforcement prohibited; penalty. It is a misdemeanor 
150.7 	deliberately to deliberately hinder a member of a community health board of health, 
150.8 	county or city, or its agent from entering a building, conveyance, or place where contagion, 
150.9 	infection, filth, or other source or cause of preventable disease exists or is reasonably 
150.10 	suspected, or otherwise to interfere with the performance of the duties of the board of 
150.11 	health responsible jurisdiction.
150.12 		Subd. 11.Neglect of enforcement prohibited; penalty. It is a misdemeanor for 
150.13 	a member or agent of a community health board of health, county, or city to refuse or 
150.14 	neglect to perform a duty imposed on a board of health an applicable jurisdiction by 
150.15 	statute or ordinance.
150.16 		Subd. 12.Other powers and duties established by law. This section does not limit 
150.17 	powers and duties of a community health board of health, county, or city prescribed in 
150.18 	other sections.
150.19 		Subd. 13.Recommended legislation. The community health board may recommend 
150.20 	local ordinances pertaining to community health services to any county board or city 
150.21 	council within its jurisdiction and advise the commissioner on matters relating to public 
150.22 	health that require assistance from the state, or that may be of more than local interest.
150.23 		Subd. 14.Equal access to services. The community health board must ensure that 
150.24 	community health services are accessible to all persons on the basis of need. No one shall 
150.25 	be denied services because of race, color, sex, age, language, religion, nationality, inability 
150.26 	to pay, political persuasion, or place of residence.
150.27 		Subd. 15.State and local advisory committees. (a) A state community 
150.28 	health services advisory committee is established to advise, consult with, and make 
150.29 	recommendations to the commissioner on the development, maintenance, funding, and 
150.30 	evaluation of local public health services. Each community health board may appoint a 
150.31 	member to serve on the committee. The committee must meet at least quarterly, and 
150.32 	special meetings may be called by the committee chair or a majority of the members. 
150.33 	Members or their alternates may be reimbursed for travel and other necessary expenses 
150.34 	while engaged in their official duties.
150.35 	(b) Notwithstanding section 15.059, the State Community Health Services Advisory 
150.36 	Committee does not expire.
151.1 	(c) The city boards or county boards that have established or are members of a 
151.2 	community health board may appoint a community health advisory to advise, consult 
151.3 	with, and make recommendations to the community health board on the duties under 
151.4 	subdivision 1a.

151.5 	Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
151.6 		Subd. 2.Animal control. In addition to powers under sections 35.67 to 35.69, a 
151.7 	county board, city council, or municipality may adopt ordinances to issue licenses or 
151.8 	otherwise regulate the keeping of animals, to restrain animals from running at large, to 
151.9 	authorize the impounding and sale or summary destruction of animals, and to establish 
151.10 	pounds.

151.11 	Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
151.12 		Subd. 2.Supervision of local enforcement. (a) In the absence of provision for a 
151.13 	community health board of health, the commissioner may appoint three or more persons 
151.14 	to act as a board until one is established. The commissioner may fix their compensation, 
151.15 	which the county or city must pay.
151.16 	(b) The commissioner by written order may require any two or more community 
151.17 	health boards of health, counties, or cities to act together to prevent or control epidemic 
151.18 	diseases.
151.19 	(c) If a community health board, county, or city fails to comply with section 145A.04, 
151.20 	subdivision 6, the commissioner may employ medical and other help necessary to control 
151.21 	communicable disease at the expense of the board of health jurisdiction involved.
151.22 	(d) If the commissioner has reason to believe that the provisions of this chapter have 
151.23 	been violated, the commissioner shall inform the attorney general and submit information 
151.24 	to support the belief. The attorney general shall institute proceedings to enforce the 
151.25 	provisions of this chapter or shall direct the county attorney to institute proceedings.

151.26 	Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a 
151.27 	subdivision to read:
151.28 		Subd. 3a.Assistance to community health boards. The commissioner shall help 
151.29 	and advise community health boards that ask for assistance in developing, administering, 
151.30 	and carrying out public health services and programs. This assistance may consist of, 
151.31 	but is not limited to:
151.32 	(1) informational resources, consultation, and training to assist community health 
151.33 	boards plan, develop, integrate, provide, and evaluate community health services; and
152.1 	(2) administrative and program guidelines and standards developed with the advice 
152.2 	of the State Community Health Services Advisory Committee.

152.3 	Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a 
152.4 	subdivision to read:
152.5 		Subd. 3b.Personnel standards. In accordance with chapter 14, and in consultation 
152.6 	with the State Community Health Services Advisory Committee, the commissioner 
152.7 	may adopt rules to set standards for administrative and program personnel to ensure 
152.8 	competence in administration and planning.

152.9 	Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
152.10 		Subd. 5.Deadly infectious diseases. The commissioner shall promote measures 
152.11 	aimed at preventing businesses from facilitating sexual practices that transmit deadly 
152.12 	infectious diseases by providing technical advice to community health boards of health
152.13 	 to assist them in regulating these practices or closing establishments that constitute 
152.14 	a public health nuisance.

152.15 	Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a 
152.16 	subdivision to read:
152.17 		Subd. 5a.System-level performance management. To improve public health 
152.18 	and ensure the integrity and accountability of the statewide local public health system, 
152.19 	the commissioner, in consultation with the State Community Health Services Advisory 
152.20 	Committee, shall develop performance measures and implement a process to monitor 
152.21 	statewide outcomes and performance improvement.

152.22 	Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
152.23 		Subd. 6.Health volunteer program. (a) The commissioner may accept grants from 
152.24 	the United States Department of Health and Human Services for the emergency system 
152.25 	for the advanced registration of volunteer health professionals (ESAR-VHP) established 
152.26 	under United States Code, title 42, section 247d-7b. The ESAR-VHP program as 
152.27 	implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
152.28 	(b) The commissioner may maintain a registry of volunteers for the Minnesota 
152.29 	Responds Medical Reserve Corps and obtain data on volunteers relevant to possible 
152.30 	deployments within and outside the state. All state licensing and certifying boards 
152.31 	shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify 
153.1 	volunteers' information. The commissioner may also obtain information from other states 
153.2 	and national licensing or certifying boards for health practitioners.
153.3 	(c) The commissioner may share volunteers' data, including any data classified 
153.4 	as private data, from the Minnesota Responds Medical Reserve Corps registry with 
153.5 	community health boards of health, cities or counties, the University of Minnesota's 
153.6 	Academic Health Center or other public or private emergency preparedness partners, or 
153.7 	tribal governments operating Minnesota Responds Medical Reserve Corps units as needed 
153.8 	for credentialing, organizing, training, and deploying volunteers. Upon request of another 
153.9 	state participating in the ESAR-VHP or of a Canadian government administering a similar 
153.10 	health volunteer program, the commissioner may also share the volunteers' data as needed 
153.11 	for emergency preparedness and response.

153.12 	Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is 
153.13 	amended to read:
153.14 		Subd. 7. Commissioner requests for health volunteers. (a) When the 
153.15 	commissioner receives a request for health volunteers from:
153.16 	(1) a local board of health community health board, county, or city according to 
153.17 	section 145A.04, subdivision 6c;
153.18 	(2) the University of Minnesota Academic Health Center;
153.19 	(3) another state or a territory through the Interstate Emergency Management 
153.20 	Assistance Compact authorized under section 192.89;
153.21 	(4) the federal government through ESAR-VHP or another similar program; or
153.22 	(5) a tribal or Canadian government;
153.23 	the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 
153.24 	Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 
153.25 	the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 
153.26 	respond to the request. The commissioner may also ask for Minnesota Responds Medical 
153.27 	Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
153.28 	(b) The commissioner may request Minnesota Responds Medical Reserve Corps 
153.29 	volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 
153.30 	or temporary units providing emergency patient stabilization, medical transport, or 
153.31 	ambulatory care. The commissioner may utilize the volunteers for training, mobilization 
153.32 	or demobilization, inspection, maintenance, repair, or other support functions for the 
153.33 	MMU facility or for other emergency units, as well as for provision of health care services.
153.34 	(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 
153.35 	Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 
154.1 	compensation provided by the volunteer's employer during volunteer service requested by 
154.2 	the commissioner. An employer is not liable for actions of an employee while serving as a 
154.3 	Minnesota Responds Medical Reserve Corps volunteer.
154.4 	(d) If the commissioner matches the request under paragraph (a) with Minnesota 
154.5 	Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 
154.6 	of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 
154.7 	the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 
154.8 	sending and receiving jurisdictions in monitoring deployments, and shall coordinate 
154.9 	efforts with the division of homeland security and emergency management for out-of-state 
154.10 	deployments through the Interstate Emergency Management Assistance Compact or 
154.11 	other emergency management compacts.
154.12 	(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 
154.13 	Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 
154.14 	apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 
154.15 	across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 
154.16 	the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 
154.17 	as of their initial deployment in response to the event or emergency that triggered a 
154.18 	subsequent commissioner's call.
154.19 	(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 
154.20 	request for training or assistance at the call of the commissioner must be deemed an 
154.21 	employee of the state for purposes of workers' compensation and tort claim defense and 
154.22 	indemnification under section 3.736, without regard to whether the volunteer's activity is 
154.23 	under the direction and control of the commissioner, the division of homeland security 
154.24 	and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 
154.25 	hospital, alternate care site, or other health care provider treating patients from the public 
154.26 	health event or emergency.
154.27 	(2) For purposes of calculating workers' compensation benefits under chapter 176, 
154.28 	the daily wage must be the usual wage paid at the time of injury or death for similar services 
154.29 	performed by paid employees in the community where the volunteer regularly resides, or 
154.30 	the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
154.31 	(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 
154.32 	reimbursement for travel and subsistence expenses during a deployment approved by the 
154.33 	commissioner under this subdivision according to reimbursement limits established for 
154.34 	paid state employees. Deployment begins when the volunteer leaves on the deployment 
154.35 	until the volunteer returns from the deployment, including all travel related to the 
154.36 	deployment. The Department of Health shall initially review and pay those expenses to 
155.1 	the volunteer. Except as otherwise provided by the Interstate Emergency Management 
155.2 	Assistance Compact in section 192.89 or agreements made thereunder, the department 
155.3 	shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 
155.4 	department for expenses of the volunteers.
155.5 	(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 
155.6 	deployed outside the state pursuant to the Interstate Emergency Management Assistance 
155.7 	Compact, the provisions of the Interstate Emergency Management Assistance Compact 
155.8 	must control over any inconsistent provisions in this section.
155.9 	(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 
155.10 	for workers' compensation arising out of a deployment under this section or out of a 
155.11 	training exercise conducted by the commissioner, the volunteer's workers compensation 
155.12 	benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 
155.13 	volunteer may also qualify under other clauses of section 176.011, subdivision 9.

155.14 	Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
155.15 		Subdivision 1.Agreements to perform duties of commissioner. (a) The 
155.16 	commissioner of health may enter into an agreement with any community health board of 
155.17 	health, county, or city to delegate all or part of the licensing, inspection, reporting, and 
155.18 	enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to 
155.19 	144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining 
155.20 	to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
155.21 	to 327.28.
155.22 	(b) Agreements are subject to subdivision 3.
155.23 	(c) This subdivision does not affect agreements entered into under Minnesota 
155.24 	Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

155.25 	Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
155.26 		Subd. 2.Agreements to perform duties of community health board of health.
 155.27 	A community health board of health may authorize a township board, city council, or 
155.28 	county board within its jurisdiction to establish a board of health under section 145A.03
155.29 	 and delegate to the board of health by agreement any powers or duties under sections 
155.30 	145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community 
155.31 	health board responsibilities. An agreement to delegate community health board powers 
155.32 	and duties of a board of health to a county or city must be approved by the commissioner 
155.33 	and is subject to subdivision 3.

156.1 	Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
156.2 	145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
156.3 		Subdivision 1.Cost of care. A person who has or whose dependent or spouse has a 
156.4 	communicable disease that is subject to control by the community health board of health is 
156.5 	financially liable to the unit or agency of government that paid for the reasonable cost of 
156.6 	care provided to control the disease under section 145A.04, subdivision 6.
156.7 		Subd. 2.Assessment of costs of enforcement. (a) If costs are assessed for 
156.8 	enforcement of section 145A.04, subdivision 8, and no procedure for the assessment 
156.9 	of costs has been specified in an agreement established under section 145A.07, the 
156.10 	enforcement costs must be assessed as prescribed in this subdivision.
156.11 	(b) A debt or claim against an individual owner or single piece of real property 
156.12 	resulting from an enforcement action authorized by section 145A.04, subdivision 8, must 
156.13 	not exceed the cost of abatement or removal.
156.14 	(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be 
156.15 	assessed and charged against the real property on which the public health nuisance, source 
156.16 	of filth, or cause of sickness was located. The auditor of the county in which the action is 
156.17 	taken shall extend the cost so assessed and charged on the tax roll of the county against the 
156.18 	real property on which the enforcement action was taken.
156.19 	(d) The cost of an enforcement action taken by a town or city board of health under 
156.20 	section 145A.04, subdivision 8, may be recovered from the county in which the town or 
156.21 	city is located if the city clerk or other officer certifies the costs of the enforcement action 
156.22 	to the county auditor as prescribed in this section. Taxes equal to the full amount of the 
156.23 	enforcement action but not exceeding the limit in paragraph (b) must be collected by the 
156.24 	county treasurer and paid to the city or town as other taxes are collected and paid.
156.25 		Subd. 3.Tax levy authorized. A city council or county board that has formed or is 
156.26 	a member of a community health board of health may levy taxes on all taxable property in 
156.27 	its jurisdiction to pay the cost of performing its duties under this chapter.

156.28 	Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
156.29 		Subd. 2.Levying taxes. In levying taxes authorized under section 145A.08, 
156.30 	subdivision 3, a city council or county board that has formed or is a member of a 
156.31 	community health board must consider the income and expenditures required to meet 
156.32 	local public health priorities established under section 145A.10, subdivision 5a 145A.04, 
156.33 	subdivision 1a, clause (2), and statewide outcomes established under section 145A.12, 
156.34 	subdivision 7 145A.04, subdivision 1a, clause (1).

157.1 	Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
157.2 	145A.131 LOCAL PUBLIC HEALTH GRANT.
157.3 		Subdivision 1.Funding formula for community health boards. (a) Base funding 
157.4 	for each community health board eligible for a local public health grant under section 
157.5 	145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community 
157.6 	health board's fiscal year 2003 allocations, prior to unallotment, for the following grant 
157.7 	programs: community health services subsidy; state and federal maternal and child health 
157.8 	special projects grants; family home visiting grants; TANF MN ENABL grants; TANF 
157.9 	youth risk behavior grants; and available women, infants, and children grant funds in fiscal 
157.10 	year 2003, prior to unallotment, distributed based on the proportion of WIC participants 
157.11 	served in fiscal year 2003 within the CHS service area.
157.12 	(b) Base funding for a community health board eligible for a local public health grant 
157.13 	under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph 
157.14 	(a), shall be adjusted by the percentage difference between the base, as calculated in 
157.15 	paragraph (a), and the funding available for the local public health grant.
157.16 	(c) Multicounty or multicity community health boards shall receive a local 
157.17 	partnership base of up to $5,000 per year for each county or city in the case of a multicity 
157.18 	community health board included in the community health board.
157.19 	(d) The State Community Health Advisory Committee may recommend a formula to 
157.20 	the commissioner to use in distributing state and federal funds to community health boards 
157.21 	organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally 
157.22 	identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04, 
157.23 	subdivision 1a, for use in distributing funds to community health boards beginning 
157.24 	January 1, 2006, and thereafter.
157.25 		Subd. 2.Local match. (a) A community health board that receives a local public 
157.26 	health grant shall provide at least a 75 percent match for the state funds received through 
157.27 	the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
157.28 	(b) Eligible funds must be used to meet match requirements. Eligible funds include 
157.29 	funds from local property taxes, reimbursements from third parties, fees, other local funds, 
157.30 	and donations or nonfederal grants that are used for community health services described 
157.31 	in section 145A.02, subdivision 6.
157.32 	(c) When the amount of local matching funds for a community health board is less 
157.33 	than the amount required under paragraph (a), the local public health grant provided for 
157.34 	that community health board under this section shall be reduced proportionally.
158.1 	(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
158.2 	that levies a tax for provision of community health services is exempt from any county 
158.3 	levy for the same services to the extent of the levy imposed by the city.
158.4 		Subd. 3.Accountability. (a) Community health boards accepting local public health 
158.5 	grants must document progress toward the statewide outcomes established in section 
158.6 	145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
158.7 	 meet all of the requirements and perform all of the duties described in sections 145A.03 
158.8 	and 145A.04, to maintain eligibility to receive the local public health grant.
158.9 	(b) In determining whether or not the community health board is documenting 
158.10 	progress toward statewide outcomes, the commissioner shall consider the following factors:
158.11 	(1) whether the community health board has documented progress to meeting 
158.12 	essential local activities related to the statewide outcomes, as specified in the grant 
158.13 	agreement;
158.14 	(2) the effort put forth by the community health board toward the selected statewide 
158.15 	outcomes;
158.16 	(3) whether the community health board has previously failed to document progress 
158.17 	toward selected statewide outcomes under this section;
158.18 	(4) the amount of funding received by the community health board to address the 
158.19 	statewide outcomes; and
158.20 	(5) other factors as the commissioner may require, if the commissioner specifically 
158.21 	identifies the additional factors in the commissioner's written notice of determination.
158.22 	(c) If the commissioner determines that a community health board has not by 
158.23 	the applicable deadline documented progress toward the selected statewide outcomes 
158.24 	established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall 
158.25 	notify the community health board in writing and recommend specific actions that the 
158.26 	community health board should take over the following 12 months to maintain eligibility 
158.27 	for the local public health grant.
158.28 	(d) During the 12 months following the written notification, the commissioner shall 
158.29 	provide administrative and program support to assist the community health board in 
158.30 	taking the actions recommended in the written notification.
158.31 	(e) If the community health board has not taken the specific actions recommended by 
158.32 	the commissioner within 12 months following written notification, the commissioner may 
158.33 	determine not to distribute funds to the community health board under section 145A.12, 
158.34 	subdivision 2, for the next fiscal year.
159.1 	(f) If the commissioner determines not to distribute funds for the next fiscal year, the 
159.2 	commissioner must give the community health board written notice of this determination 
159.3 	and allow the community health board to appeal the determination in writing.
159.4 	(g) If the commissioner determines not to distribute funds for the next fiscal year 
159.5 	to a community health board that has not documented progress toward the statewide 
159.6 	outcomes and not taken the actions recommended by the commissioner, the commissioner 
159.7 	may retain local public health grant funds that the community health board would have 
159.8 	otherwise received and directly carry out essential local activities to meet the statewide 
159.9 	outcomes, or contract with other units of government or community-based organizations 
159.10 	to carry out essential local activities related to the statewide outcomes.
159.11 	(h) If the community health board that does not document progress toward the 
159.12 	statewide outcomes is a city, the commissioner shall distribute the local public health 
159.13 	funds that would have been allocated to that city to the county in which the city is located, 
159.14 	if that county is part of a community health board.
159.15 	(i) The commissioner shall establish a reporting system by which community health 
159.16 	boards will document their progress toward statewide outcomes. This system will be 
159.17 	developed in consultation with the State Community Health Services Advisory Committee 
159.18 	established in section 145A.10, subdivision 10, paragraph (a).
159.19 	(b) By January 1 of each year, the commissioner shall notify community health 
159.20 	boards of the performance-related accountability requirements of the local public health 
159.21 	grant for that calendar year. Performance-related accountability requirements will be 
159.22 	comprised of a subset of the annual performance measures and will be selected in 
159.23 	consultation with the State Community Health Services Advisory Committee.
159.24 	(c) If the commissioner determines that a community health board has not met the 
159.25 	accountability requirements, the commissioner shall notify the community health board in 
159.26 	writing and recommend specific actions the community health board must take over the 
159.27 	next six months in order to maintain eligibility for the Local Public Health Act grant.
159.28 	(d) Following the written notification in paragraph (c), the commissioner shall 
159.29 	provide administrative and program support to assist the community health board as 
159.30 	required in section 145A.06, subdivision 3a.
159.31 	(e) The commissioner shall provide the community health board two months 
159.32 	following the written notification to appeal the determination in writing.
159.33 	(f) If the community health board has not submitted an appeal within two months 
159.34 	or has not taken the specific actions recommended by the commissioner within six 
159.35 	months following written notification, the commissioner may elect to not reimburse 
159.36 	invoices for funds submitted after the six-month compliance period and shall reduce by 
160.1 	1/12 the community health board's annual award allocation for every successive month 
160.2 	of noncompliance.
160.3 	(g) The commissioner may retain the amount of funding that would have been 
160.4 	allocated to the community health board and assume responsibility for public health 
160.5 	activities in the geographic area served by the community health board.
160.6 		Subd. 4.Responsibility of commissioner to ensure a statewide public health 
160.7 	system. If a county withdraws from a community health board and operates as a board of 
160.8 	health or If a community health board elects not to accept the local public health grant, 
160.9 	the commissioner may retain the amount of funding that would have been allocated to 
160.10 	the community health board using the formula described in subdivision 1 and assume 
160.11 	responsibility for public health activities to meet the statewide outcomes in the geographic 
160.12 	area served by the board of health or community health board. The commissioner may 
160.13 	elect to directly provide public health activities to meet the statewide outcomes or contract 
160.14 	with other units of government or with community-based organizations. If a city that is 
160.15 	currently a community health board withdraws from a community health board or elects 
160.16 	not to accept the local public health grant, the local public health grant funds that would 
160.17 	have been allocated to that city shall be distributed to the county in which the city is 
160.18 	located, if the county is part of a community health board.
160.19 		Subd. 5.Local public health priorities Use of funds. Community health boards 
160.20 	may use their local public health grant to address local public health priorities identified 
160.21 	under section 145A.10, subdivision 5a. funds to address the areas of public health 
160.22 	responsibility and local priorities developed through the community health assessment and 
160.23 	community health improvement planning process.

160.24 	Sec. 28. REVISOR'S INSTRUCTION.
 160.25 	(a) The revisor shall change the terms "board of health" or "local board of health" or 
160.26 	any derivative of those terms to "community health board" where it appears in Minnesota 
160.27 	Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph 
160.28 	(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, 
160.29 	subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255, 
160.30 	subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision 
160.31 	6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471, 
160.32 	subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14; 
160.33 	375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
160.34 	(b) The revisor shall change the cross-reference from "145A.02, subdivision 2" 
160.35 	to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805, 
161.1 	subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68; 
161.2 	38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055, 
161.3 	subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351; 
161.4 	144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2; 
161.5 	144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201, 
161.6 	subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

161.7 	Sec. 29.  REPEALER.
 161.8 	Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 
161.9 	3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4, 
161.10 	5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall 
161.11 	remove cross-references to these repealed sections and make changes necessary to correct 
161.12 	punctuation, grammar, or structure of the remaining text.

161.13 	ARTICLE 8
161.14 	CONTINUING CARE

161.15 	Section 1. Minnesota Statutes 2012, section 245A.155, subdivision 1, is amended to 
161.16 	read:
161.17 		Subdivision 1.Licensed foster care and respite care. This section applies to 
161.18 	foster care agencies and licensed foster care providers who place, supervise, or care for 
161.19 	individuals who rely on medical monitoring equipment to sustain life or monitor a medical 
161.20 	condition that could become life-threatening without proper use of the medical equipment
161.21 	 in respite care or foster care.

161.22 	Sec. 2. Minnesota Statutes 2012, section 245A.155, subdivision 2, is amended to read:
161.23 		Subd. 2.Foster care agency requirements. In order for an agency to place an 
161.24 	individual who relies on medical equipment to sustain life or monitor a medical condition 
161.25 	that could become life-threatening without proper use of the medical equipment with a 
161.26 	foster care provider, the agency must ensure that the foster care provider has received the 
161.27 	training to operate such equipment as observed and confirmed by a qualified source, 
161.28 	and that the provider:
161.29 	(1) is currently caring for an individual who is using the same equipment in the 
161.30 	foster home; or
161.31 	(2) has written documentation that the foster care provider has cared for an 
161.32 	individual who relied on such equipment within the past six months; or
162.1 	(3) has successfully completed training with the individual being placed with the 
162.2 	provider.

162.3 	Sec. 3. Minnesota Statutes 2012, section 245A.155, subdivision 3, is amended to read:
162.4 		Subd. 3.Foster care provider requirements. A foster care provider shall not care 
162.5 	for an individual who relies on medical equipment to sustain life or monitor a medical 
162.6 	condition that could become life-threatening without proper use of the medical equipment
162.7 	 unless the provider has received the training to operate such equipment as observed and 
162.8 	confirmed by a qualified source, and:
162.9 	(1) is currently caring for an individual who is using the same equipment in the 
162.10 	foster home; or
162.11 	(2) has written documentation that the foster care provider has cared for an 
162.12 	individual who relied on such equipment within the past six months; or
162.13 	(3) has successfully completed training with the individual being placed with the 
162.14 	provider.

162.15 	Sec. 4. Minnesota Statutes 2012, section 245A.65, subdivision 2, is amended to read:
162.16 		Subd. 2.Abuse prevention plans. All license holders shall establish and enforce 
162.17 	ongoing written program abuse prevention plans and individual abuse prevention plans as 
162.18 	required under section 626.557, subdivision 14.
162.19 	(a) The scope of the program abuse prevention plan is limited to the population, 
162.20 	physical plant, and environment within the control of the license holder and the location 
162.21 	where licensed services are provided. In addition to the requirements in section 626.557, 
162.22 	subdivision 14, the program abuse prevention plan shall meet the requirements in clauses 
162.23 	(1) to (5).
162.24 	(1) The assessment of the population shall include an evaluation of the following 
162.25 	factors: age, gender, mental functioning, physical and emotional health or behavior of the 
162.26 	client; the need for specialized programs of care for clients; the need for training of staff to 
162.27 	meet identified individual needs; and the knowledge a license holder may have regarding 
162.28 	previous abuse that is relevant to minimizing risk of abuse for clients.
162.29 	(2) The assessment of the physical plant where the licensed services are provided 
162.30 	shall include an evaluation of the following factors: the condition and design of the 
162.31 	building as it relates to the safety of the clients; and the existence of areas in the building 
162.32 	which are difficult to supervise.
162.33 	(3) The assessment of the environment for each facility and for each site when living 
162.34 	arrangements are provided by the agency shall include an evaluation of the following 
163.1 	factors: the location of the program in a particular neighborhood or community; the type 
163.2 	of grounds and terrain surrounding the building; the type of internal programming; and 
163.3 	the program's staffing patterns.
163.4 	(4) The license holder shall provide an orientation to the program abuse prevention 
163.5 	plan for clients receiving services. If applicable, the client's legal representative must be 
163.6 	notified of the orientation. The license holder shall provide this orientation for each new 
163.7 	person within 24 hours of admission, or for persons who would benefit more from a later 
163.8 	orientation, the orientation may take place within 72 hours.
163.9 	(5) The license holder's governing body or the governing body's delegated 
163.10 	representative shall review the plan at least annually using the assessment factors in the 
163.11 	plan and any substantiated maltreatment findings that occurred since the last review. The 
163.12 	governing body or the governing body's delegated representative shall revise the plan, 
163.13 	if necessary, to reflect the review results.
163.14 	(6) A copy of the program abuse prevention plan shall be posted in a prominent 
163.15 	location in the program and be available upon request to mandated reporters, persons 
163.16 	receiving services, and legal representatives.
163.17 	(b) In addition to the requirements in section 626.557, subdivision 14, the individual 
163.18 	abuse prevention plan shall meet the requirements in clauses (1) and (2).
163.19 	(1) The plan shall include a statement of measures that will be taken to minimize the 
163.20 	risk of abuse to the vulnerable adult when the individual assessment required in section 
163.21 	626.557, subdivision 14, paragraph (b), indicates the need for measures in addition to the 
163.22 	specific measures identified in the program abuse prevention plan. The measures shall 
163.23 	include the specific actions the program will take to minimize the risk of abuse within 
163.24 	the scope of the licensed services, and will identify referrals made when the vulnerable 
163.25 	adult is susceptible to abuse outside the scope or control of the licensed services. When 
163.26 	the assessment indicates that the vulnerable adult does not need specific risk reduction 
163.27 	measures in addition to those identified in the program abuse prevention plan, the 
163.28 	individual abuse prevention plan shall document this determination.
163.29 	(2) An individual abuse prevention plan shall be developed for each new person as 
163.30 	part of the initial individual program plan or service plan required under the applicable 
163.31 	licensing rule. The review and evaluation of the individual abuse prevention plan shall 
163.32 	be done as part of the review of the program plan or service plan. The person receiving 
163.33 	services shall participate in the development of the individual abuse prevention plan to the 
163.34 	full extent of the person's abilities. If applicable, the person's legal representative shall be 
163.35 	given the opportunity to participate with or for the person in the development of the plan. 
163.36 	The interdisciplinary team shall document the review of all abuse prevention plans at least 
164.1 	annually, using the individual assessment and any reports of abuse relating to the person. 
164.2 	The plan shall be revised to reflect the results of this review.

164.3 	Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.02, is amended by adding a 
164.4 	subdivision to read:
164.5 		Subd. 37.Working day. "Working day" means Monday, Tuesday, Wednesday, 
164.6 	Thursday, or Friday, excluding any legal holiday.

164.7 	Sec. 6. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is 
164.8 	amended to read:
164.9 		Subdivision 1.Health needs. (a) The license holder is responsible for meeting health 
164.10 	service needs assigned in the coordinated service and support plan or the coordinated 
164.11 	service and support plan addendum, consistent with the person's health needs. The license 
164.12 	holder is responsible for promptly notifying the person's legal representative, if any, and 
164.13 	the case manager of changes in a person's physical and mental health needs affecting 
164.14 	health service needs assigned to the license holder in the coordinated service and support 
164.15 	plan or the coordinated service and support plan addendum, when within 24 hours of being
164.16 	 discovered by the license holder, or as directed in the coordinated service and support plan 
164.17 	or support plan addendum, unless the license holder has reason to know the change has 
164.18 	already been reported. The license holder must document when the notice is provided.
164.19 	(b) If responsibility for meeting the person's health service needs has been assigned 
164.20 	to the license holder in the coordinated service and support plan or the coordinated service 
164.21 	and support plan addendum, the license holder must maintain documentation on how the 
164.22 	person's health needs will be met, including a description of the procedures the license 
164.23 	holder will follow in order to:
164.24 	(1) provide medication assistance or medication administration according to this 
164.25 	chapter;
164.26 	(2) monitor health conditions according to written instructions from a licensed 
164.27 	health professional;
164.28 	(3) assist with or coordinate medical, dental, and other health service appointments; or
164.29 	(4) use medical equipment, devices, or adaptive aides or technology safely and 
164.30 	correctly according to written instructions from a licensed health professional.

164.31 	Sec. 7. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b, is 
164.32 	amended to read:
165.1 		Subd. 1b.Medication assistance. If responsibility for medication assistance 
165.2 	is assigned to the license holder in the coordinated service and support plan or the 
165.3 	coordinated service and support plan addendum, the license holder must ensure that 
165.4 	the requirements of subdivision 2, paragraph (b), have been met when staff provides
165.5 	 medication assistance must be provided to enable a person to self-administer medication 
165.6 	or treatment when the person is capable of directing the person's own care, or when the 
165.7 	person's legal representative is present and able to direct care for the person. For the 
165.8 	purposes of this subdivision, "medication assistance" means any of the following:
165.9 	(1) bringing to the person and opening a container of previously set up medications, 
165.10 	emptying the container into the person's hand, or opening and giving the medications in 
165.11 	the original container to the person;
165.12 	(2) bringing to the person liquids or food to accompany the medication; or
165.13 	(3) providing reminders, in person, remotely, or through programming devices 
165.14 	such as telephones, alarms, or medication boxes, to take regularly scheduled medication 
165.15 	or perform regularly scheduled treatments and exercises.

165.16 	Sec. 8. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is 
165.17 	amended to read:
165.18 		Subdivision 1.Incident response and reporting.  (a) The license holder must 
165.19 	respond to incidents under section 245D.02, subdivision 11, that occur while providing 
165.20 	services to protect the health and safety of and minimize risk of harm to the person.
165.21 	(b) The license holder must maintain information about and report incidents to the 
165.22 	person's legal representative or designated emergency contact and case manager within 
165.23 	24 hours of an incident occurring while services are being provided, within 24 hours of 
165.24 	discovery or receipt of information that an incident occurred, unless the license holder 
165.25 	has reason to know that the incident has already been reported, or as otherwise directed 
165.26 	in a person's coordinated service and support plan or coordinated service and support 
165.27 	plan addendum. An incident of suspected or alleged maltreatment must be reported as 
165.28 	required under paragraph (d), and an incident of serious injury or death must be reported 
165.29 	as required under paragraph (e).
165.30 	(c) When the incident involves more than one person, the license holder must not 
165.31 	disclose personally identifiable information about any other person when making the report 
165.32 	to each person and case manager unless the license holder has the consent of the person.
165.33 	(d) Within 24 hours of reporting maltreatment as required under section 626.556 
165.34 	or 626.557, the license holder must inform the case manager of the report unless there is 
165.35 	reason to believe that the case manager is involved in the suspected maltreatment. The 
166.1 	license holder must disclose the nature of the activity or occurrence reported and the 
166.2 	agency that received the report.
166.3 	(e) The license holder must report the death or serious injury of the person as 
166.4 	required in paragraph (b) and to the Department of Human Services Licensing Division, 
166.5 	and the Office of Ombudsman for Mental Health and Developmental Disabilities as 
166.6 	required under section 245.94, subdivision 2a, within 24 hours of the death or serious 
166.7 	injury, or receipt of information that the death or serious injury occurred, unless the license 
166.8 	holder has reason to know that the death or serious injury has already been reported.
166.9 	(f) When a death or serious injury occurs in a facility certified as an intermediate 
166.10 	care facility for persons with developmental disabilities, the death or serious injury must 
166.11 	be reported to the Department of Health, Office of Health Facility Complaints, and the 
166.12 	Office of Ombudsman for Mental Health and Developmental Disabilities, as required 
166.13 	under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to 
166.14 	know that the death or serious injury has already been reported.
166.15 	(g) The license holder must conduct an internal review of incident reports of deaths 
166.16 	and serious injuries that occurred while services were being provided and that were not 
166.17 	reported by the program as alleged or suspected maltreatment, for identification of incident 
166.18 	patterns, and implementation of corrective action as necessary to reduce occurrences. 
166.19 	The review must include an evaluation of whether related policies and procedures were 
166.20 	followed, whether the policies and procedures were adequate, whether there is a need for 
166.21 	additional staff training, whether the reported event is similar to past events with the 
166.22 	persons or the services involved, and whether there is a need for corrective action by the 
166.23 	license holder to protect the health and safety of persons receiving services. Based on 
166.24 	the results of this review, the license holder must develop, document, and implement a 
166.25 	corrective action plan designed to correct current lapses and prevent future lapses in 
166.26 	performance by staff or the license holder, if any.
166.27 	(h) The license holder must verbally report the emergency use of manual restraint of 
166.28 	a person as required in paragraph (b) within 24 hours of the occurrence. The license holder 
166.29 	must ensure the written report and internal review of all incident reports of the emergency 
166.30 	use of manual restraints are completed according to the requirements in section 245D.061.

166.31 	Sec. 9. Minnesota Statutes 2013 Supplement, section 245D.07, subdivision 2, is 
166.32 	amended to read:
166.33 		Subd. 2.Service planning requirements for basic support services. (a) License 
166.34 	holders providing basic support services or intensive support services identified in section 
167.1 	245D.03, subdivision 1, paragraph (c), clauses (1) and (2), must meet the requirements 
167.2 	of this subdivision.
167.3 	(b) Within 15 calendar days of service initiation the license holder must complete 
167.4 	a preliminary coordinated service and support plan addendum based on the coordinated 
167.5 	service and support plan.
167.6 	(c) Within 60 calendar days of service initiation the license holder must review 
167.7 	and revise as needed the preliminary coordinated service and support plan addendum to 
167.8 	document the services that will be provided including how, when, and by whom services 
167.9 	will be provided, and the person responsible for overseeing the delivery and coordination 
167.10 	of services.
167.11 	(d) The license holder must participate in service planning and support team 
167.12 	meetings for the person following stated timelines established in the person's coordinated 
167.13 	service and support plan or as requested by the person or the person's legal representative, 
167.14 	the support team or the expanded support team.

167.15 	Sec. 10. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1, 
167.16 	is amended to read:
167.17 		Subdivision 1. Requirements for intensive support services.  Except for services 
167.18 	identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license 
167.19 	holder providing intensive support services identified in section 245D.03, subdivision 1, 
167.20 	paragraph (c), must comply with the requirements in this section and section 245D.07, 
167.21 	subdivisions 1 and 3.

167.22 	Sec. 11. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3, 
167.23 	is amended to read:
167.24 		Subd. 3.Assessment and initial service planning. (a) Within 15 calendar days of 
167.25 	service initiation the license holder must complete a preliminary coordinated service and 
167.26 	support plan addendum based on the coordinated service and support plan.
167.27 	(b) Within 45 calendar days of service initiation the license holder must meet with 
167.28 	the person, the person's legal representative, the case manager, and other members of the 
167.29 	support team or expanded support team to assess and determine the following based on the 
167.30 	person's coordinated service and support plan and the requirements in subdivision 4 and 
167.31 	section 245D.07, subdivision 1a:
167.32 	(1) the scope of the services to be provided to support the person's daily needs 
167.33 	and activities;
168.1 	(2) the person's desired outcomes and the supports necessary to accomplish the 
168.2 	person's desired outcomes;
168.3 	(3) the person's preferences for how services and supports are provided;
168.4 	(4) whether the current service setting is the most integrated setting available and 
168.5 	appropriate for the person; and
168.6 	(5) how services must be coordinated across other providers licensed under this 
168.7 	chapter serving the same person to ensure continuity of care for the person.
168.8 	(c) Within the scope of services, the license holder must, at a minimum, assess 
168.9 	the following areas:
168.10 	(1) the person's ability to self-manage health and medical needs to maintain or 
168.11 	improve physical, mental, and emotional well-being, including, when applicable, allergies, 
168.12 	seizures, choking, special dietary needs, chronic medical conditions, self-administration 
168.13 	of medication or treatment orders, preventative screening, and medical and dental 
168.14 	appointments;
168.15 	(2) the person's ability to self-manage personal safety to avoid injury or accident in 
168.16 	the service setting, including, when applicable, risk of falling, mobility, regulating water 
168.17 	temperature, community survival skills, water safety skills, and sensory disabilities; and
168.18 	(3) the person's ability to self-manage symptoms or behavior that may otherwise 
168.19 	result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), 
168.20 	suspension or termination of services by the license holder, or other symptoms or 
168.21 	behaviors that may jeopardize the health and safety of the person or others. 
168.22 	The assessments must produce information about the person that is descriptive of the 
168.23 	person's overall strengths, functional skills and abilities, and behaviors or symptoms.

168.24 	Sec. 12. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, 
168.25 	is amended to read:
168.26 		Subd. 4.Service outcomes and supports. (a) Within ten working days of the 
168.27 	45-day meeting, the license holder must develop and document the service outcomes and 
168.28 	supports based on the assessments completed under subdivision 3 and the requirements 
168.29 	in section 245D.07, subdivision 1a. The outcomes and supports must be included in the 
168.30 	coordinated service and support plan addendum.
168.31 	(b) The license holder must document the supports and methods to be implemented 
168.32 	to support the accomplishment of outcomes related to acquiring, retaining, or improving 
168.33 	skills. The documentation must include:
168.34 	(1) the methods or actions that will be used to support the person and to accomplish 
168.35 	the service outcomes, including information about:
169.1 	(i) any changes or modifications to the physical and social environments necessary 
169.2 	when the service supports are provided;
169.3 	(ii) any equipment and materials required; and
169.4 	(iii) techniques that are consistent with the person's communication mode and 
169.5 	learning style;
169.6 	(2) the measurable and observable criteria for identifying when the desired outcome 
169.7 	has been achieved and how data will be collected;
169.8 	(3) the projected starting date for implementing the supports and methods and 
169.9 	the date by which progress towards accomplishing the outcomes will be reviewed and 
169.10 	evaluated; and
169.11 	(4) the names of the staff or position responsible for implementing the supports 
169.12 	and methods.
169.13 	(c) Within 20 working days of the 45-day meeting, the license holder must submit 
169.14 	to and obtain dated signatures from the person or the person's legal representative and 
169.15 	case manager to document completion and approval of the assessment and coordinated 
169.16 	service and support plan addendum. If, within ten working days of the submission of the 
169.17 	assessment or coordinated service and support plan addendum, the person or the person's 
169.18 	legal representative or case manager has not signed and returned to the license holder the 
169.19 	assessment and coordinated service and support plan addendum or has not proposed 
169.20 	written modifications to the license holder's submission, the submission is deemed 
169.21 	approved and the assessment and coordinated service and support plan addendum become 
169.22 	effective and remain in effect until the legal representative or case manager submits a 
169.23 	written request to revise the assessment or coordinated service and support plan addendum.

169.24 	Sec. 13. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5, 
169.25 	is amended to read:
169.26 		Subd. 5.Progress reviews. (a) The license holder must give the person or the 
169.27 	person's legal representative and case manager an opportunity to participate in the ongoing 
169.28 	review and development of the methods used to support the person and accomplish 
169.29 	outcomes identified in subdivisions 3 and 4. The license holder, in coordination with 
169.30 	the person's support team or expanded support team, must meet with the person, the 
169.31 	person's legal representative, and the case manager, and participate in progress review 
169.32 	meetings following stated timelines established in the person's coordinated service and 
169.33 	support plan or coordinated service and support plan addendum or within 30 days of a 
169.34 	written request by the person, the person's legal representative, or the case manager, 
169.35 	at a minimum of once per year.
170.1 	(b) The license holder must summarize the person's progress toward achieving the 
170.2 	identified outcomes and make recommendations and identify the rationale for changing, 
170.3 	continuing, or discontinuing implementation of supports and methods identified in 
170.4 	subdivision 4 in a written report sent to the person or the person's legal representative and 
170.5 	case manager five working days prior to the review meeting, unless the person, the person's 
170.6 	legal representative, or the case manager requests to receive the in a report available at 
170.7 	the time of the progress review meeting. The report must be sent five working days prior 
170.8 	to the progress review meeting if requested by the team in the coordinated service and 
170.9 	support plan or coordinated service and support plan addendum. Within 60 calendar days 
170.10 	of service initiation, the license holder must document the preference of the person or the 
170.11 	person's legal representative and the case manager regarding receiving written reports. The 
170.12 	license holder must document changes to those preferences when changes are requested.
170.13 	(c) Within ten working days of the progress review meeting, the license holder 
170.14 	must obtain dated signatures from the person or the person's legal representative and 
170.15 	the case manager to document approval of any changes to the coordinated service and 
170.16 	support plan addendum.
170.17 	(d) If, within ten working days of the submission of the changes to the coordinated 
170.18 	service and support plan addendum, the person or the person's legal representative or case 
170.19 	manager has not signed and returned to the license holder the coordinated service and 
170.20 	support plan addendum or has not proposed written modifications to the license holder's 
170.21 	submission, the submission is deemed approved and the coordinated service and support 
170.22 	plan addendum becomes effective and remains in effect until the legal representative or 
170.23 	case manager submits a written request to revise the coordinated service and support plan.

170.24 	Sec. 14. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is 
170.25 	amended to read:
170.26 		Subd. 3.Staff qualifications. (a) The license holder must ensure that staff providing 
170.27 	direct support, or staff who have responsibilities related to supervising or managing the 
170.28 	provision of direct support service, are competent as demonstrated through skills and 
170.29 	knowledge training, experience, and education to meet the person's needs and additional 
170.30 	requirements as written in the coordinated service and support plan or coordinated 
170.31 	service and support plan addendum, or when otherwise required by the case manager or 
170.32 	the federal waiver plan. The license holder must verify and maintain evidence of staff 
170.33 	competency, including documentation of:
170.34 	(1) education and experience qualifications relevant to the job responsibilities 
170.35 	assigned to the staff and the needs of the general population of persons served by the 
171.1 	program, including a valid degree and transcript, or a current license, registration, or 
171.2 	certification, when a degree or licensure, registration, or certification is required by this 
171.3 	chapter or in the coordinated service and support plan or coordinated service and support 
171.4 	plan addendum;
171.5 	(2) demonstrated competency in the orientation and training areas required under 
171.6 	this chapter, and when applicable, completion of continuing education required to 
171.7 	maintain professional licensure, registration, or certification requirements. Competency in 
171.8 	these areas is determined by the license holder through knowledge testing and or observed 
171.9 	skill assessment conducted by the trainer or instructor; and
171.10 	(3) except for a license holder who is the sole direct support staff, periodic 
171.11 	performance evaluations completed by the license holder of the direct support staff 
171.12 	person's ability to perform the job functions based on direct observation.
171.13 	(b) Staff under 18 years of age may not perform overnight duties or administer 
171.14 	medication.

171.15 	Sec. 15. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is 
171.16 	amended to read:
171.17 		Subd. 4.Orientation to program requirements.  Except for a license holder 
171.18 	who does not supervise any direct support staff, within 60 calendar days of hire, unless 
171.19 	stated otherwise, the license holder must provide and ensure completion of ten hours of 
171.20 	orientation for direct support staff providing basic services and 30 hours of orientation 
171.21 	for direct support staff providing intensive services that combines supervised on-the-job 
171.22 	training with review of and instruction in the following areas:
171.23 	(1) the job description and how to complete specific job functions, including:
171.24 	(i) responding to and reporting incidents as required under section 245D.06, 
171.25 	subdivision 1; and
171.26 	(ii) following safety practices established by the license holder and as required in 
171.27 	section 245D.06, subdivision 2;
171.28 	(2) the license holder's current policies and procedures required under this chapter, 
171.29 	including their location and access, and staff responsibilities related to implementation 
171.30 	of those policies and procedures;
171.31 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the 
171.32 	federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
171.33 	responsibilities related to complying with data privacy practices;
171.34 	(4) the service recipient rights and staff responsibilities related to ensuring the 
171.35 	exercise and protection of those rights according to the requirements in section 245D.04;
172.1 	(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment 
172.2 	reporting and service planning for children and vulnerable adults, and staff responsibilities 
172.3 	related to protecting persons from maltreatment and reporting maltreatment. This 
172.4 	orientation must be provided within 72 hours of first providing direct contact services and 
172.5 	annually thereafter according to section 245A.65, subdivision 3;
172.6 	(6) the principles of person-centered service planning and delivery as identified in 
172.7 	section 245D.07, subdivision 1a, and how they apply to direct support service provided 
172.8 	by the staff person; and
172.9 	(7) the safe and correct use of manual restraint on an emergency basis according to 
172.10 	the requirements in section 245D.061 and what constitutes the use of restraints, time out, 
172.11 	and seclusion, including chemical restraint;
172.12 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
172.13 	subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 
172.14 	or undesired behavior, and why such procedures are not safe;
172.15 	(9) basic first aid; and
172.16 	(10) other topics as determined necessary in the person's coordinated service and 
172.17 	support plan by the case manager or other areas identified by the license holder.

172.18 	Sec. 16. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, 
172.19 	is amended to read:
172.20 		Subd. 4a.Orientation to individual service recipient needs. (a) Before having 
172.21 	unsupervised direct contact with a person served by the program, or for whom the staff 
172.22 	person has not previously provided direct support, or any time the plans or procedures 
172.23 	identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive 
172.24 	instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff 
172.25 	person's job functions for that person.
172.26 	(b) For community residential services, training and competency evaluations must 
172.27 	include the following, if identified in the coordinated service and support plan:
172.28 	(1) appropriate and safe techniques in personal hygiene and grooming, including 
172.29 	hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of 
172.30 	daily living (ADLs) as defined under section 256B.0659, subdivision 1;
172.31 	(2) an understanding of what constitutes a healthy diet according to data from the 
172.32 	Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
172.33 	(3) skills necessary to provide appropriate support in instrumental activities of daily 
172.34 	living (IADLs) as defined under section 256B.0659, subdivision 1; and
172.35 	(4) demonstrated competence in providing first aid.
173.1 	(c) The staff person must review and receive instruction on the person's coordinated 
173.2 	service and support plan or coordinated service and support plan addendum as it relates 
173.3 	to the responsibilities assigned to the license holder, and when applicable, the person's 
173.4 	individual abuse prevention plan, to achieve and demonstrate an understanding of the 
173.5 	person as a unique individual, and how to implement those plans.
173.6 	(d) The staff person must review and receive instruction on medication 
173.7 	administration procedures established for the person when medication administration is 
173.8 	assigned to the license holder according to section 245D.05, subdivision 1, paragraph 
173.9 	(b). Unlicensed staff may administer medications only after successful completion of a 
173.10 	medication administration training, from a training curriculum developed by a registered 
173.11 	nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse 
173.12 	practitioner, physician's assistant, or physician. The training curriculum must incorporate 
173.13 	an observed skill assessment conducted by the trainer to ensure staff demonstrate the 
173.14 	ability to safely and correctly follow medication procedures.
173.15 	Medication administration must be taught by a registered nurse, clinical nurse 
173.16 	specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of 
173.17 	service initiation or any time thereafter, the person has or develops a health care condition 
173.18 	that affects the service options available to the person because the condition requires:
173.19 	(1) specialized or intensive medical or nursing supervision; and
173.20 	(2) nonmedical service providers to adapt their services to accommodate the health 
173.21 	and safety needs of the person.
173.22 	(e) The staff person must review and receive instruction on the safe and correct 
173.23 	operation of medical equipment used by the person to sustain life or to monitor a medical 
173.24 	condition that could become life-threatening without proper use of the medical equipment, 
173.25 	including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training 
173.26 	must be provided by a licensed health care professional or a manufacturer's representative 
173.27 	and incorporate an observed skill assessment to ensure staff demonstrate the ability to 
173.28 	safely and correctly operate the equipment according to the treatment orders and the 
173.29 	manufacturer's instructions.
173.30 	(f) The staff person must review and receive instruction on what constitutes use of 
173.31 	restraints, time out, and seclusion, including chemical restraint, and staff responsibilities 
173.32 	related to the prohibitions of their use according to the requirements in section 245D.06, 
173.33 	subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 
173.34 	or undesired behavior and why they are not safe, and the safe and correct use of manual 
173.35 	restraint on an emergency basis according to the requirements in section 245D.061.
174.1 	(g) In the event of an emergency service initiation, the license holder must ensure 
174.2 	the training required in this subdivision occurs within 72 hours of the direct support staff 
174.3 	person first having unsupervised contact with the person receiving services. The license 
174.4 	holder must document the reason for the unplanned or emergency service initiation and 
174.5 	maintain the documentation in the person's service recipient record.
174.6 	(h) (g) License holders who provide direct support services themselves must 
174.7 	complete the orientation required in subdivision 4, clauses (3) to (7) (10).

174.8 	Sec. 17. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is 
174.9 	amended to read:
174.10 		Subd. 5.Annual training.  A license holder must provide annual training to direct 
174.11 	support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision 
174.12 	4a (10). A license holder must provide a minimum of 24 hours of annual training to 
174.13 	direct service staff with providing intensive services and having fewer than five years 
174.14 	of documented experience and 12 hours of annual training to direct service staff with
174.15 	 providing intensive services and having five or more years of documented experience in 
174.16 	topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant 
174.17 	topics received from sources other than the license holder may count toward training 
174.18 	requirements. A license holder must provide a minimum of 12 hours of annual training 
174.19 	to direct service staff providing basic services and having fewer than five years of 
174.20 	documented experience and six hours of annual training to direct service staff providing 
174.21 	basic services and having five or more years of documented experience.

174.22 	Sec. 18. Minnesota Statutes 2013 Supplement, section 245D.095, subdivision 3, 
174.23 	is amended to read:
174.24 		Subd. 3.Service recipient record. (a) The license holder must maintain a record of 
174.25 	current services provided to each person on the premises where the services are provided 
174.26 	or coordinated. When the services are provided in a licensed facility, the records must 
174.27 	be maintained at the facility, otherwise the records must be maintained at the license 
174.28 	holder's program office. The license holder must protect service recipient records against 
174.29 	loss, tampering, or unauthorized disclosure according to the requirements in sections 
174.30 	13.01 to 13.10 and 13.46.
174.31 	(b) The license holder must maintain the following information for each person:
174.32 	(1) an admission form signed by the person or the person's legal representative 
174.33 	that includes:
175.1 	(i) identifying information, including the person's name, date of birth, address, 
175.2 	and telephone number; and
175.3 	(ii) the name, address, and telephone number of the person's legal representative, if 
175.4 	any, and a primary emergency contact, the case manager, and family members or others as 
175.5 	identified by the person or case manager;
175.6 	(2) service information, including service initiation information, verification of the 
175.7 	person's eligibility for services, documentation verifying that services have been provided 
175.8 	as identified in the coordinated service and support plan or coordinated service and support 
175.9 	plan addendum according to paragraph (a), and date of admission or readmission;
175.10 	(3) health information, including medical history, special dietary needs, and 
175.11 	allergies, and when the license holder is assigned responsibility for meeting the person's 
175.12 	health service needs according to section 245D.05:
175.13 	(i) current orders for medication, treatments, or medical equipment and a signed 
175.14 	authorization from the person or the person's legal representative to administer or assist in 
175.15 	administering the medication or treatments, if applicable;
175.16 	(ii) a signed statement authorizing the license holder to act in a medical emergency 
175.17 	when the person's legal representative, if any, cannot be reached or is delayed in arriving;
175.18 	(iii) medication administration procedures;
175.19 	(iv) a medication administration record documenting the implementation of the 
175.20 	medication administration procedures, and the medication administration record reviews, 
175.21 	including any agreements for administration of injectable medications by the license 
175.22 	holder according to the requirements in section 245D.05; and
175.23 	(v) a medical appointment schedule when the license holder is assigned 
175.24 	responsibility for assisting with medical appointments;
175.25 	(4) the person's current coordinated service and support plan or that portion of the 
175.26 	plan assigned to the license holder;
175.27 	(5) copies of the individual abuse prevention plan and assessments as required under 
175.28 	section 245D.071, subdivisions 2 andsubdivision 3;
175.29 	(6) a record of other service providers serving the person when the person's 
175.30 	coordinated service and support plan or coordinated service and support plan addendum 
175.31 	identifies the need for coordination between the service providers, that includes a contact 
175.32 	person and telephone numbers, services being provided, and names of staff responsible for 
175.33 	coordination;
175.34 	(7) documentation of orientation to service recipient rights according to section 
175.35 	245D.04, subdivision 1, and maltreatment reporting policies and procedures according to 
175.36 	section 245A.65, subdivision 1, paragraph (c);
176.1 	(8) copies of authorizations to handle a person's funds, according to section 245D.06, 
176.2 	subdivision 4, paragraph (a);
176.3 	(9) documentation of complaints received and grievance resolution;
176.4 	(10) incident reports involving the person, required under section 245D.06, 
176.5 	subdivision 1;
176.6 	(11) copies of written reports regarding the person's status when requested according 
176.7 	to section 245D.07, subdivision 3, progress review reports as required under section 
176.8 	245D.071, subdivision 5, progress or daily log notes that are recorded by the program, 
176.9 	and reports received from other agencies involved in providing services or care to the 
176.10 	person; and
176.11 	(12) discharge summary, including service termination notice and related 
176.12 	documentation, when applicable.

176.13 	Sec. 19. Minnesota Statutes 2013 Supplement, section 245D.22, subdivision 4, is 
176.14 	amended to read:
176.15 		Subd. 4.First aid must be available on site. (a) A staff person trained in first 
176.16 	aid must be available on site and, when required in a person's coordinated service and 
176.17 	support plan or coordinated service and support plan addendum, be able to provide 
176.18 	cardiopulmonary resuscitation, whenever persons are present and staff are required to be 
176.19 	at the site to provide direct service. The CPR training must include in-person instruction, 
176.20 	hands-on practice, and an observed skills assessment under the direct supervision of a 
176.21 	CPR instructor.
176.22 	(b) A facility must have first aid kits readily available for use by, and that meet 
176.23 	the needs of, persons receiving services and staff. At a minimum, the first aid kit must 
176.24 	be equipped with accessible first aid supplies including bandages, sterile compresses, 
176.25 	scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap, 
176.26 	adhesive tape, and first aid manual.

176.27 	Sec. 20. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 3, is 
176.28 	amended to read:
176.29 		Subd. 3.Staff ratio requirement for each person receiving services. The case 
176.30 	manager, in consultation with the interdisciplinary team, must determine at least once each 
176.31 	year which of the ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving 
176.32 	services on the basis of the characteristics described in subdivisions 4, 5, and 6. The ratio 
176.33 	assigned each person and the documentation of how the ratio was arrived at must be kept 
176.34 	in each person's individual service plan. Documentation must include an assessment of the 
177.1 	person with respect to the characteristics in subdivisions 4, 5, and 6 recorded on a standard 
177.2 	assessment form required by the commissioner.

177.3 	Sec. 21. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 4, is 
177.4 	amended to read:
177.5 		Subd. 4.Person requiring staff ratio of one to four. A person must be assigned a 
177.6 	staff ratio requirement of one to four if:
177.7 	(1) on a daily basis the person requires total care and monitoring or constant 
177.8 	hand-over-hand physical guidance to successfully complete at least three of the following 
177.9 	activities: toileting, communicating basic needs, eating, ambulating; or is not capable of 
177.10 	taking appropriate action for self-preservation under emergency conditions; or
177.11 	(2) the person engages in conduct that poses an imminent risk of physical harm to 
177.12 	self or others at a documented level of frequency, intensity, or duration requiring frequent 
177.13 	daily ongoing intervention and monitoring as established in the person's coordinated 
177.14 	service and support plan or coordinated service and support plan addendum.

177.15 	Sec. 22. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 5, is 
177.16 	amended to read:
177.17 		Subd. 5.Person requiring staff ratio of one to eight. A person must be assigned a 
177.18 	staff ratio requirement of one to eight if:
177.19 	(1) the person does not meet the requirements in subdivision 4; and
177.20 	(2) on a daily basis the person requires verbal prompts or spot checks and minimal 
177.21 	or no physical assistance to successfully complete at least four three of the following 
177.22 	activities: toileting, communicating basic needs, eating, or ambulating, or taking 
177.23 	appropriate action for self-preservation under emergency conditions.

177.24 	Sec. 23. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to 
177.25 	read:
177.26 		Subd. 11.Personal care assistant; requirements. (a) A personal care assistant 
177.27 	must meet the following requirements:
177.28 	(1) be at least 18 years of age with the exception of persons who are 16 or 17 years 
177.29 	of age with these additional requirements:
177.30 	(i) supervision by a qualified professional every 60 days; and
177.31 	(ii) employment by only one personal care assistance provider agency responsible 
177.32 	for compliance with current labor laws;
177.33 	(2) be employed by a personal care assistance provider agency;
178.1 	(3) enroll with the department as a personal care assistant after clearing a background 
178.2 	study. Except as provided in subdivision 11a, before a personal care assistant provides 
178.3 	services, the personal care assistance provider agency must initiate a background study on 
178.4 	the personal care assistant under chapter 245C, and the personal care assistance provider 
178.5 	agency must have received a notice from the commissioner that the personal care assistant 
178.6 	is:
178.7 	(i) not disqualified under section 245C.14; or
178.8 	(ii) is disqualified, but the personal care assistant has received a set aside of the 
178.9 	disqualification under section 245C.22;
178.10 	(4) be able to effectively communicate with the recipient and personal care 
178.11 	assistance provider agency;
178.12 	(5) be able to provide covered personal care assistance services according to the 
178.13 	recipient's personal care assistance care plan, respond appropriately to recipient needs, 
178.14 	and report changes in the recipient's condition to the supervising qualified professional 
178.15 	or physician;
178.16 	(6) not be a consumer of personal care assistance services;
178.17 	(7) maintain daily written records including, but not limited to, time sheets under 
178.18 	subdivision 12;
178.19 	(8) effective January 1, 2010, complete standardized training as determined 
178.20 	by the commissioner before completing enrollment. The training must be available 
178.21 	in languages other than English and to those who need accommodations due to 
178.22 	disabilities. Personal care assistant training must include successful completion of the 
178.23 	following training components: basic first aid, vulnerable adult, child maltreatment, 
178.24 	OSHA universal precautions, basic roles and responsibilities of personal care assistants 
178.25 	including information about assistance with lifting and transfers for recipients, emergency 
178.26 	preparedness, orientation to positive behavioral practices, fraud issues, and completion of 
178.27 	time sheets. Upon completion of the training components, the personal care assistant must 
178.28 	demonstrate the competency to provide assistance to recipients;
178.29 	(9) complete training and orientation on the needs of the recipient; and
178.30 	(10) be limited to providing and being paid for up to 275 hours per month of personal 
178.31 	care assistance services regardless of the number of recipients being served or the number 
178.32 	of personal care assistance provider agencies enrolled with. The number of hours worked 
178.33 	per day shall not be disallowed by the department unless in violation of the law.
178.34 	(b) A legal guardian may be a personal care assistant if the guardian is not being paid 
178.35 	for the guardian services and meets the criteria for personal care assistants in paragraph (a).
179.1 	(c) Persons who do not qualify as a personal care assistant include parents, 
179.2 	stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family 
179.3 	foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; 
179.4 	and staff of a residential setting. When the personal care assistant is a relative of the 
179.5 	recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is 
179.6 	effective July 1, 2013. For purposes of this section, relative means the parent or adoptive 
179.7 	parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or 
179.8 	a grandchild.

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

179.10 	Sec. 24. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to 
179.11 	read:
179.12 		Subd. 28.Personal care assistance provider agency; required documentation.
 179.13 	(a) Required documentation must be completed and kept in the personal care assistance 
179.14 	provider agency file or the recipient's home residence. The required documentation 
179.15 	consists of:
179.16 	(1) employee files, including:
179.17 	(i) applications for employment;
179.18 	(ii) background study requests and results;
179.19 	(iii) orientation records about the agency policies;
179.20 	(iv) trainings completed with demonstration of competence;
179.21 	(v) supervisory visits;
179.22 	(vi) evaluations of employment; and
179.23 	(vii) signature on fraud statement;
179.24 	(2) recipient files, including:
179.25 	(i) demographics;
179.26 	(ii) emergency contact information and emergency backup plan;
179.27 	(iii) personal care assistance service plan;
179.28 	(iv) personal care assistance care plan;
179.29 	(v) month-to-month service use plan;
179.30 	(vi) all communication records;
179.31 	(vii) start of service information, including the written agreement with recipient; and
179.32 	(viii) date the home care bill of rights was given to the recipient;
179.33 	(3) agency policy manual, including:
179.34 	(i) policies for employment and termination;
179.35 	(ii) grievance policies with resolution of consumer grievances;
180.1 	(iii) staff and consumer safety;
180.2 	(iv) staff misconduct; and
180.3 	(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 
180.4 	resolution of consumer grievances;
180.5 	(4) time sheets for each personal care assistant along with completed activity sheets 
180.6 	for each recipient served; and
180.7 	(5) agency marketing and advertising materials and documentation of marketing 
180.8 	activities and costs; and.
180.9 	(6) for each personal care assistant, whether or not the personal care assistant is 
180.10 	providing care to a relative as defined in subdivision 11.
180.11 	(b) The commissioner may assess a fine of up to $500 on provider agencies that do 
180.12 	not consistently comply with the requirements of this subdivision.

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

180.14 	Sec. 25. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1, 
180.15 	is amended to read:
180.16 		Subdivision 1.Essential community supports. (a) The purpose of the essential 
180.17 	community supports program is to provide targeted services to persons age 65 and older 
180.18 	who need essential community support, but whose needs do not meet the level of care 
180.19 	required for nursing facility placement under section 144.0724, subdivision 11.
180.20 	(b) Essential community supports are available not to exceed $400 per person per 
180.21 	month. Essential community supports may be used as authorized within an authorization 
180.22 	period not to exceed 12 months. Services must be available to a person who:
180.23 	(1) is age 65 or older;
180.24 	(2) is not eligible for medical assistance;
180.25 	(3) has received a community assessment under section 256B.0911, subdivision 3a 
180.26 	or 3b, and does not require the level of care provided in a nursing facility;
180.27 	(4) meets the financial eligibility criteria for the alternative care program under 
180.28 	section 256B.0913, subdivision 4;
180.29 	(5) has a community support plan; and
180.30 	(6) has been determined by a community assessment under section 256B.0911, 
180.31 	subdivision 3a or 3b, to be a person who would require provision of at least one of the 
180.32 	following services, as defined in the approved elderly waiver plan, in order to maintain 
180.33 	their community residence:
180.34 	(i) caregiver support;
180.35 	(ii) adult day services;
181.1 	(ii) (iii) homemaker support;
181.2 	(iii) (iv) chores;
181.3 	(iv) (v) a personal emergency response device or system;
181.4 	(v) (vi) home-delivered meals; or
181.5 	(vi) (vii) community living assistance as defined by the commissioner.
181.6 	(c) The person receiving any of the essential community supports in this subdivision 
181.7 	must also receive service coordination, not to exceed $600 in a 12-month authorization 
181.8 	period, as part of their community support plan.
181.9 	(d) A person who has been determined to be eligible for essential community 
181.10 	supports must be reassessed at least annually and continue to meet the criteria in paragraph 
181.11 	(b) to remain eligible for essential community supports.
181.12 	(e) The commissioner is authorized to use federal matching funds for essential 
181.13 	community supports as necessary and to meet demand for essential community supports 
181.14 	as outlined in subdivision 2, and that amount of federal funds is appropriated to the 
181.15 	commissioner for this purpose.

181.16 	Sec. 26. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10, 
181.17 	is amended to read:
181.18 		Subd. 10.Enrollment requirements. All(a) Except as provided in paragraph (b), 
181.19 	the following home and community-based waiver providers must provide, at the time of 
181.20 	enrollment and within 30 days of a request, in a format determined by the commissioner, 
181.21 	information and documentation that includes, but is not limited to, the following:
181.22 	(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the 
181.23 	provider's payments from Medicaid in the previous calendar year, whichever is greater;
181.24 	(2) proof of fidelity bond coverage in the amount of $20,000; and
181.25 	(3) proof of liability insurance.:
181.26 	(1) waiver services providers required to meet the provider standards in chapter 245D;
181.27 	(2) foster care providers whose services are funded by the elderly waiver or 
181.28 	alternative care program;
181.29 	(3) fiscal support entities;
181.30 	(4) adult day care providers;
181.31 	(5) providers of customized living services; and
181.32 	(6) residential care providers.
181.33 	(b) Providers of foster care services covered by section 245.814 are exempt from 
181.34 	this subdivision.

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

182.1 	Sec. 27. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
182.2 	256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE 
182.3 	WITH DISABILITIES.
182.4 	(a) Individuals receiving services under a home and community-based waiver under 
182.5 	section 256B.092 or 256B.49 may receive services in the following settings:
182.6 	(1) an individual's own home or family home;
182.7 	(2) a licensed adult foster care or child foster care setting of up to five people or 
182.8 	community residential setting of up to five people; and
182.9 	(3) community living settings as defined in section 256B.49, subdivision 23, where 
182.10 	individuals with disabilities may reside in all of the units in a building of four or fewer 
182.11 	units, and no more than the greater of four or 25 percent of the units in a multifamily 
182.12 	building of more than four units, unless required by the Housing Opportunities for Persons 
182.13 	with AIDS Program.
182.14 	(b) The settings in paragraph (a) must not:
182.15 	(1) be located in a building that is a publicly or privately operated facility that 
182.16 	provides institutional treatment or custodial care;
182.17 	(2) be located in a building on the grounds of or adjacent to a public or private 
182.18 	institution;
182.19 	(3) be a housing complex designed expressly around an individual's diagnosis or 
182.20 	disability, unless required by the Housing Opportunities for Persons with AIDS Program;
182.21 	(4) be segregated based on a disability, either physically or because of setting 
182.22 	characteristics, from the larger community; and
182.23 	(5) have the qualities of an institution which include, but are not limited to: 
182.24 	regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions 
182.25 	agreed to and documented in the person's individual service plan shall not result in a 
182.26 	residence having the qualities of an institution as long as the restrictions for the person are 
182.27 	not imposed upon others in the same residence and are the least restrictive alternative, 
182.28 	imposed for the shortest possible time to meet the person's needs.
182.29 	(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which 
182.30 	individuals receive services under a home and community-based waiver as of July 1, 
182.31 	2012, and the setting does not meet the criteria of this section.
182.32 	(d) Notwithstanding paragraph (c), a program in Hennepin County established as 
182.33 	part of a Hennepin County demonstration project is qualified for the exception allowed 
182.34 	under paragraph (c).
182.35 	(e) The commissioner shall submit an amendment to the waiver plan no later than 
182.36 	December 31, 2012.

183.1 	Sec. 28. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
183.2 		Subdivision 1.Commissioner's duties; report. The commissioner of human 
183.3 	services shall solicit proposals for the conversion of services provided for persons with 
183.4 	disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or 
183.5 	community residential settings licensed under chapter 245D, to other types of community 
183.6 	settings in conjunction with the closure of identified licensed adult foster care settings.

183.7 	Sec. 29. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
183.8 		Subd. 1e.Rules regarding emergency assistance. The commissioner shall adopt 
183.9 	rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use 
183.10 	of the emergency program under MFIP as the primary financial resource when available. 
183.11 	The commissioner shall adopt rules for eligibility for general assistance of persons with 
183.12 	seasonal income and may attribute seasonal income to other periods not in excess of one 
183.13 	year from receipt by an applicant or recipient. General assistance payments may not be 
183.14 	made for foster care, community residential settings licensed under chapter 245D, child 
183.15 	welfare services, or other social services. Vendor payments and vouchers may be issued 
183.16 	only as authorized in sections 256D.05, subdivision 6, and 256D.09.

183.17 	Sec. 30. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
183.18 		Subd. 6.Excluded time. "Excluded time" means:
183.19 	(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter 
183.20 	other than an emergency shelter, halfway house, foster home, community residential 
183.21 	setting licensed under chapter 245D, semi-independent living domicile or services 
183.22 	program, residential facility offering care, board and lodging facility or other institution 
183.23 	for the hospitalization or care of human beings, as defined in section 144.50, 144A.01, 
183.24 	or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional 
183.25 	facility; or any facility based on an emergency hold under sections 253B.05, subdivisions 
183.26 	1 and 2, and 253B.07, subdivision 6;
183.27 	(2) any period an applicant spends on a placement basis in a training and habilitation 
183.28 	program, including: a rehabilitation facility or work or employment program as defined 
183.29 	in section 268A.01; semi-independent living services provided under section 252.275, 
183.30 	and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation 
183.31 	programs and assisted living services; and
183.32 	(3) any placement for a person with an indeterminate commitment, including 
183.33 	independent living.

184.1 	Sec. 31. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
184.2 		Subd. 3.Group residential housing. "Group residential housing" means a group 
184.3 	living situation that provides at a minimum room and board to unrelated persons who 
184.4 	meet the eligibility requirements of section 256I.04. This definition includes foster care 
184.5 	settings or community residential settings for a single adult. To receive payment for a 
184.6 	group residence rate, the residence must meet the requirements under section 256I.04, 
184.7 	subdivision 2a.

184.8 	Sec. 32. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
184.9 		Subd. 2a.License required. A county agency may not enter into an agreement with 
184.10 	an establishment to provide group residential housing unless:
184.11 	(1) the establishment is licensed by the Department of Health as a hotel and 
184.12 	restaurant; a board and lodging establishment; a residential care home; a boarding care 
184.13 	home before March 1, 1985; or a supervised living facility, and the service provider 
184.14 	for residents of the facility is licensed under chapter 245A. However, an establishment 
184.15 	licensed by the Department of Health to provide lodging need not also be licensed to 
184.16 	provide board if meals are being supplied to residents under a contract with a food vendor 
184.17 	who is licensed by the Department of Health;
184.18 	(2) the residence is: (i) licensed by the commissioner of human services under 
184.19 	Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 
184.20 	agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 
184.21 	to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 
184.22 	parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or 
184.23 	(iv) licensed by the commissioner of human services under chapter 245D;
184.24 	(3) the establishment is registered under chapter 144D and provides three meals a 
184.25 	day, or is an establishment voluntarily registered under section 144D.025 as a supportive 
184.26 	housing establishment; or
184.27 	(4) an establishment voluntarily registered under section 144D.025, other than 
184.28 	a supportive housing establishment under clause (3), is not eligible to provide group 
184.29 	residential housing.
184.30 	The requirements under clauses (1) to (4) do not apply to establishments exempt 
184.31 	from state licensure because they are located on Indian reservations and subject to tribal 
184.32 	health and safety requirements.

184.33 	Sec. 33. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is 
184.34 	amended to read:
185.1 		Subd. 9.Common entry point designation. (a)  Each county board shall designate a 
185.2 	common entry point for reports of suspected maltreatment, for use until the commissioner 
185.3 	of human services establishes a common entry point. Two or more county boards may 
185.4 	jointly designate a single common entry point. The commissioner of human services shall 
185.5 	establish a common entry point effective July 1, 2014 no sooner than January 1, 2015. 
185.6 	The common entry point is the unit responsible for receiving the report of suspected 
185.7 	maltreatment under this section.
185.8 	(b) The common entry point must be available 24 hours per day to take calls from 
185.9 	reporters of suspected maltreatment. The common entry point shall use a standard intake 
185.10 	form that includes:
185.11 	(1) the time and date of the report;
185.12 	(2) the name, address, and telephone number of the person reporting;
185.13 	(3) the time, date, and location of the incident;
185.14 	(4) the names of the persons involved, including but not limited to, perpetrators, 
185.15 	alleged victims, and witnesses;
185.16 	(5) whether there was a risk of imminent danger to the alleged victim;
185.17 	(6) a description of the suspected maltreatment;
185.18 	(7) the disability, if any, of the alleged victim;
185.19 	(8) the relationship of the alleged perpetrator to the alleged victim;
185.20 	(9) whether a facility was involved and, if so, which agency licenses the facility;
185.21 	(10) any action taken by the common entry point;
185.22 	(11) whether law enforcement has been notified;
185.23 	(12) whether the reporter wishes to receive notification of the initial and final 
185.24 	reports; and
185.25 	(13) if the report is from a facility with an internal reporting procedure, the name, 
185.26 	mailing address, and telephone number of the person who initiated the report internally.
185.27 	(c) The common entry point is not required to complete each item on the form prior 
185.28 	to dispatching the report to the appropriate lead investigative agency.
185.29 	(d) The common entry point shall immediately report to a law enforcement agency 
185.30 	any incident in which there is reason to believe a crime has been committed.
185.31 	(e) If a report is initially made to a law enforcement agency or a lead investigative 
185.32 	agency, those agencies shall take the report on the appropriate common entry point intake 
185.33 	forms and immediately forward a copy to the common entry point.
185.34 	(f) The common entry point staff must receive training on how to screen and 
185.35 	dispatch reports efficiently and in accordance with this section.
186.1 	(g) The commissioner of human services shall maintain a centralized database 
186.2 	for the collection of common entry point data, lead investigative agency data including 
186.3 	maltreatment report disposition, and appeals data. The common entry point shall 
186.4 	have access to the centralized database and must log the reports into the database and 
186.5 	immediately identify and locate prior reports of abuse, neglect, or exploitation.
186.6 	(h) When appropriate, the common entry point staff must refer calls that do not 
186.7 	allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations 
186.8 	that might resolve the reporter's concerns.
186.9 	(i) A common entry point must be operated in a manner that enables the 
186.10 	commissioner of human services to:
186.11 	(1) track critical steps in the reporting, evaluation, referral, response, disposition, 
186.12 	and investigative process to ensure compliance with all requirements for all reports;
186.13 	(2) maintain data to facilitate the production of aggregate statistical reports for 
186.14 	monitoring patterns of abuse, neglect, or exploitation;
186.15 	(3) serve as a resource for the evaluation, management, and planning of preventative 
186.16 	and remedial services for vulnerable adults who have been subject to abuse, neglect, 
186.17 	or exploitation;
186.18 	(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 
186.19 	of the common entry point; and
186.20 	(5) track and manage consumer complaints related to the common entry point.
186.21 	(j) The commissioners of human services and health shall collaborate on the 
186.22 	creation of a system for referring reports to the lead investigative agencies. This system 
186.23 	shall enable the commissioner of human services to track critical steps in the reporting, 
186.24 	evaluation, referral, response, disposition, investigation, notification, determination, and 
186.25 	appeal processes.

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

186.27 	Sec. 34. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective 
186.28 	date, is amended to read:

186.29 	EFFECTIVE DATE. This section is effective January 1, 2014, for adults age 21 or 
186.30 	older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

186.31 	Sec. 35. Laws 2013, chapter 108, article 7, section 60, is amended to read:
186.32 	Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL 
186.33 	1, 2014.
 187.1 	(a) The commissioner of human services shall increase reimbursement rates, grants, 
187.2 	allocations, individual limits, and rate limits, as applicable, by one percent for the rate 
187.3 	period beginning April 1, 2014, for services rendered on or after those dates. County or 
187.4 	tribal contracts for services specified in this section must be amended to pass through 
187.5 	these rate increases within 60 days of the effective date.
187.6 	(b) The rate changes described in this section must be provided to:
187.7 	(1) home and community-based waivered services for persons with developmental 
187.8 	disabilities or related conditions, including consumer-directed community supports, under 
187.9 	Minnesota Statutes, section 256B.501;
187.10 	(2) waivered services under community alternatives for disabled individuals, 
187.11 	including consumer-directed community supports, under Minnesota Statutes, section 
187.12 	256B.49;
187.13 	(3) community alternative care waivered services, including consumer-directed 
187.14 	community supports, under Minnesota Statutes, section 256B.49;
187.15 	(4) brain injury waivered services, including consumer-directed community 
187.16 	supports, under Minnesota Statutes, section 256B.49;
187.17 	(5) home and community-based waivered services for the elderly under Minnesota 
187.18 	Statutes, section 256B.0915;
187.19 	(6) nursing services and home health services under Minnesota Statutes, section 
187.20 	256B.0625, subdivision 6a;
187.21 	(7) personal care services and qualified professional supervision of personal care 
187.22 	services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
187.23 	(8) private duty nursing services under Minnesota Statutes, section 256B.0625, 
187.24 	subdivision 7;
187.25 	(9) day training and habilitation services for adults with developmental disabilities 
187.26 	or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 
187.27 	additional cost of rate adjustments on day training and habilitation services, provided as a 
187.28 	social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
187.29 	(10) alternative care services under Minnesota Statutes, section 256B.0913, and 
187.30 	essential community supports under Minnesota Statutes, section 256B.0922;
187.31 	(11) living skills training programs for persons with intractable epilepsy who need 
187.32 	assistance in the transition to independent living under Laws 1988, chapter 689;
187.33 	(12) semi-independent living services (SILS) under Minnesota Statutes, section 
187.34 	252.275, including SILS funding under county social services grants formerly funded 
187.35 	under Minnesota Statutes, chapter 256M;
187.36 	(13) consumer support grants under Minnesota Statutes, section 256.476;
188.1 	(14) family support grants under Minnesota Statutes, section 252.32;
188.2 	(15) housing access grants under Minnesota Statutes, sections 256B.0658 and 
188.3 	256B.0917, subdivision 14;
188.4 	(16) self-advocacy grants under Laws 2009, chapter 101;
188.5 	(17) technology grants under Laws 2009, chapter 79;
188.6 	(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 
188.7 	and 256B.0928; and
188.8 	(19) community support services for deaf and hard-of-hearing adults with mental 
188.9 	illness who use or wish to use sign language as their primary means of communication 
188.10 	under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 
188.11 	grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; 
188.12 	and Laws 1997, First Special Session chapter 5, section 20.
188.13 	(c) A managed care plan receiving state payments for the services in this section 
188.14 	must include these increases in their payments to providers. To implement the rate increase 
188.15 	in this section, capitation rates paid by the commissioner to managed care organizations 
188.16 	under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the 
188.17 	specified services for the period beginning April 1, 2014.
188.18 	(d) Counties shall increase the budget for each recipient of consumer-directed 
188.19 	community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).

188.20 	EFFECTIVE DATE. This section is effective retroactively from April 1, 2014.

188.21 	Sec. 36. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN 
188.22 	IMPLEMENTATION.
 188.23 	The autism spectrum disorder statewide strategic plan developed by the Minnesota 
188.24 	Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively 
188.25 	by the commissioners of education, employment and economic development, health, and 
188.26 	human services. The commissioners shall:
188.27 	(1) work across state agencies and with key stakeholders to implement the strategic 
188.28 	plan;
188.29 	(2) prepare progress reports on the implementation of the plan twice per year and 
188.30 	make the progress reports available to the public; and
188.31 	(3) provide two opportunities per year for interested parties, including, but not 
188.32 	limited to, individuals with autism, family members of individuals with autism spectrum 
188.33 	disorder, underserved and diverse communities impacted by autism spectrum disorder, 
188.34 	medical professionals, health plans, service providers, and schools, to provide input on 
188.35 	the implementation of the strategic plan.

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

189.2 	Sec. 37.  REPEALER.
 189.3 	(a) Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 2, is 
189.4 	repealed.
189.5 	(b) Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 
189.6 	2, 3, and 4, are repealed effective the day following final enactment.

189.7 	ARTICLE 9
189.8 	HEALTH CARE

189.9 	Section 1. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to 
189.10 	read:
189.11 		Subdivision 1.Definitions. (a) "Complex private duty home care nursing care" 
189.12 	means home care nursing services provided to recipients who are ventilator dependent or 
189.13 	for whom a physician has certified that the recipient would meet the criteria for inpatient 
189.14 	hospital intensive care unit (ICU) level of care meet the criteria for regular home care 
189.15 	nursing and require life-sustaining interventions to reduce the risk of long-term injury 
189.16 	or death.
189.17 	(b) "Private duty Home care nursing" means ongoing professional physician-ordered 
189.18 	hourly  nursing services by a registered or licensed practical nurse including assessment, 
189.19 	professional nursing tasks, and education, based on an assessment and physician orders 
189.20 	to maintain or restore optimal health of the recipient. performed by a registered nurse or 
189.21 	licensed practical nurse within the scope of practice as defined by the Minnesota Nurse 
189.22 	Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's 
189.23 	health.
189.24 	(c) "Private duty Home care nursing agency" means a medical assistance enrolled 
189.25 	provider licensed under chapter 144A to provide private duty home care nursing services.
189.26 	(d) "Regular private duty home care nursing" means nursing services provided to 
189.27 	a recipient who is considered stable and not at an inpatient hospital intensive care unit 
189.28 	level of care, but may have episodes of instability that are not life threatening home care 
189.29 	nursing provided because:
189.30 	(1) the recipient requires more individual and continuous care than can be provided 
189.31 	during a skilled nurse visit; or
189.32 	(2) the cares are outside of the scope of services that can be provided by a home 
189.33 	health aide or personal care assistant.
190.1 	(e) "Shared private duty home care nursing" means the provision of home care 
190.2 	nursing services by a private duty home care nurse to two recipients at the same time 
190.3 	and in the same setting.

190.4 	EFFECTIVE DATE. This section is effective July 1, 2014.

190.5 	Sec. 2. Minnesota Statutes 2012, section 256B.0751, is amended by adding a 
190.6 	subdivision to read:
190.7 		Subd. 10.Health care homes advisory committee. (a) The commissioners of 
190.8 	health and human services shall establish a health care homes advisory committee to 
190.9 	advise the commissioners on the ongoing statewide implementation of the health care 
190.10 	homes program authorized in this section.
190.11 	(b) The commissioners shall establish an advisory committee that includes 
190.12 	representatives of the health care professions such as primary care providers; mental 
190.13 	health providers; nursing and care coordinators; certified health care home clinics with 
190.14 	statewide representation; health plan companies; state agencies; employers; academic 
190.15 	researchers; consumers; and organizations that work to improve health care quality in 
190.16 	Minnesota. At least 25 percent of the committee members must be consumers or patients 
190.17 	in health care homes.
190.18 	(c) The advisory committee shall advise the commissioners on ongoing 
190.19 	implementation of the health care homes program, including, but not limited to, the 
190.20 	following activities:
190.21 	(1) implementation of certified health care homes across the state on performance 
190.22 	management and implementation of benchmarking;
190.23 	(2) implementation of modifications to the health care homes program based on 
190.24 	results of the legislatively mandated health care home evaluation;
190.25 	(3) statewide solutions for engagement of employers and commercial payers;
190.26 	(4) potential modifications of the health care home rules or statutes;
190.27 	(5) consumer engagement, including patient and family-centered care, patient 
190.28 	activation in health care, and shared decision making;
190.29 	(6) oversight for health care home subject matter task forces or workgroups; and
190.30 	(7) other related issues as requested by the commissioners.
190.31 	(d) The advisory committee shall have the ability to establish subcommittees on 
190.32 	specific topics. The advisory committee is governed by section 15.059. Notwithstanding 
190.33 	section 15.059, the advisory committee does not expire.

191.1 	Sec. 3. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision 
191.2 	to read:
191.3 		Subd. 35.Statewide procurement. (a) For calendar year 2015, the commissioner 
191.4 	may extend a demonstration provider's contract under this section for a sixth year after 
191.5 	the most recent procurement. For calendar year 2015, section 16B.98, subdivision 
191.6 	5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to 
191.7 	contracts under this section.
191.8 	(b) For calendar year 2016 contracts under this section, the commissioner shall 
191.9 	procure through a statewide procurement, which includes all 87 counties, demonstration 
191.10 	providers, and participating entities as defined in section 256L.01, subdivision 7. The 
191.11 	commissioner shall publish a request for proposals by January 5, 2015. As part of the 
191.12 	procurement process, the commissioner shall:
191.13 	(1) seek individual county's input regarding the respondent's network of health 
191.14 	care providers;
191.15 	(2) organize counties into regional groups, or single counties for the largest and 
191.16 	most diverse counties, and seek each regional group's or county's input regarding the 
191.17 	respondent's ability to fully and adequately deliver required health care services; and
191.18 	(3) use a scoring system for evaluating respondents that at least considers:
191.19 	(i) the degree to which a respondent's health care provider network is contracted 
191.20 	through total-cost-of-care contracts, risk-sharing arrangements, or other payment reforms 
191.21 	designed to generate long-term savings;
191.22 	(ii) the degree to which a respondent has demonstrated mechanisms and processes to 
191.23 	achieve integration of medical care, behavioral health care, and county social services, 
191.24 	taking into account county input on the respondent's performance on these measures;
191.25 	(iii) the degree to which a respondent has a comprehensive quality program that is 
191.26 	designed to ensure enrollee access to appropriate, high-quality, coordinated services;
191.27 	(iv) each county's input regarding a respondent's network of health care providers;
191.28 	(v) the demonstrated ability to respond to the needs of special populations within 
191.29 	that geographic area and to have sufficient capacity to serve populations with unique 
191.30 	language, cultural, or other needs;
191.31 	(vi) the degree to which the respondent is willing to commit to sufficient capacity in 
191.32 	its network to meet the demand for evening and weekend appointments for populations 
191.33 	unable to leave work for basic primary care;
191.34 	(vii) regional county group's input regarding a respondent's ability to fully and 
191.35 	adequately deliver required health care services;
191.36 	(viii) a respondent's past performance on administrative requirements;
192.1 	(ix) a respondent's ability to assist an enrollee who may be transitioning between 
192.2 	public health care programs and premium tax credits in the individual insurance market;
192.3 	(x) the total cost of a respondent's proposal; and
192.4 	(xi) any other criteria that the commissioner finds necessary to ensure compliance 
192.5 	with federal law or to ensure that enrollees receive high-quality health care.

192.6 	Sec. 4. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
192.7 	256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
192.8 	(a) Effective for services provided on or after July 1, 2009, total payments for basic 
192.9 	care services, shall be reduced by three percent, except that for the period July 1, 2009, 
192.10 	through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical 
192.11 	assistance and general assistance medical care programs, prior to third-party liability and 
192.12 	spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical 
192.13 	therapy services, occupational therapy services, and speech-language pathology and 
192.14 	related services as basic care services. The reduction in this paragraph shall apply to 
192.15 	physical therapy services, occupational therapy services, and speech-language pathology 
192.16 	and related services provided on or after July 1, 2010.
192.17 	(b) Payments made to managed care plans and county-based purchasing plans shall 
192.18 	be reduced for services provided on or after October 1, 2009, to reflect the reduction 
192.19 	effective July 1, 2009, and payments made to the plans shall be reduced effective October 
192.20 	1, 2010, to reflect the reduction effective July 1, 2010.
192.21 	(c) Effective for services provided on or after September 1, 2011, through June 30, 
192.22 	2013, total payments for outpatient hospital facility fees shall be reduced by five percent 
192.23 	from the rates in effect on August 31, 2011.
192.24 	(d) Effective for services provided on or after September 1, 2011, through June 
192.25 	30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies 
192.26 	and durable medical equipment not subject to a volume purchase contract, prosthetics 
192.27 	and orthotics, renal dialysis services, laboratory services, public health nursing services, 
192.28 	physical therapy services, occupational therapy services, speech therapy services, 
192.29 	eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume 
192.30 	purchase contract, and anesthesia services shall be reduced by three percent from the 
192.31 	rates in effect on August 31, 2011.
192.32 	(e) Effective for services provided on or after September 1, 2014, payments for 
192.33 	ambulatory surgery centers facility fees, medical supplies and durable medical equipment 
192.34 	not subject to a volume purchase contract, prosthetics and orthotics, hospice services, renal 
192.35 	dialysis services, laboratory services, public health nursing services, eyeglasses not subject 
193.1 	to a volume purchase contract, and hearing aids not subject to a volume purchase contract 
193.2 	shall be increased by three percent and payments for outpatient hospital facility fees shall 
193.3 	be increased by three percent. Payments made to managed care plans and county-based 
193.4 	purchasing plans shall not be adjusted to reflect payments under this paragraph.
193.5 	(f) This section does not apply to physician and professional services, inpatient 
193.6 	hospital services, family planning services, mental health services, dental services, 
193.7 	prescription drugs, medical transportation, federally qualified health centers, rural health 
193.8 	centers, Indian health services, and Medicare cost-sharing.
193.9 	(g) Effective January 1, 2015, for purposes of this section, "basic care services" 
193.10 	means: ambulatory surgical center facility services, medical supplies and durable medical 
193.11 	equipment not subject to a volume purchase contract, prosthetics and orthotics, renal 
193.12 	dialysis services, laboratory services, public health nursing services, eyeglasses and 
193.13 	contacts not subject to a volume purchase contract, hearing aids not subject to a volume 
193.14 	purchase contract, outpatient hospital facility services, and anesthesia services. For 
193.15 	purposes of medical assistance and MinnesotaCare payment adjustments effective on or 
193.16 	after January 1, 2015, the commissioner shall not classify medical supplies, durable medical 
193.17 	equipment, prosthetics, and orthotics in any service category other than basic care services.

193.18 	Sec. 5. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS 
193.19 	CHRONIC CONDITIONS.
 193.20 	The commissioner of human services shall incorporate strategies and activities in the 
193.21 	Department of Human Service's planning efforts and design of the state Medicaid plan 
193.22 	option under section 2703 of the Patient Protection and Affordable Care Act that address 
193.23 	chronic medical or behavioral health conditions complicated by socioeconomic factors 
193.24 	such as race, ethnicity, age, immigration, or language.

193.25 	Sec. 6. REVISOR'S INSTRUCTION.
 193.26 	The revisor of statutes shall change the term "private duty nursing" or similar terms 
193.27 	to "home care nursing" or similar terms, and shall change the term "private duty nurse" to 
193.28 	"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota 
193.29 	Rules. The revisor shall also make grammatical changes related to the changes in terms.

193.30 	ARTICLE 10
193.31 	MISCELLANEOUS

193.32 	Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, 
193.33 	is amended to read:
194.1 		Subd. 21.Provider enrollment. (a) If the commissioner or the Centers for 
194.2 	Medicare and Medicaid Services determines that a provider is designated "high-risk," the 
194.3 	commissioner may withhold payment from providers within that category upon initial 
194.4 	enrollment for a 90-day period. The withholding for each provider must begin on the date 
194.5 	of the first submission of a claim.
194.6 	(b) An enrolled provider that is also licensed by the commissioner under chapter 
194.7 	245A must designate an individual as the entity's compliance officer. The compliance 
194.8 	officer must:
194.9 	(1) develop policies and procedures to assure adherence to medical assistance laws 
194.10 	and regulations and to prevent inappropriate claims submissions;
194.11 	(2) train the employees of the provider entity, and any agents or subcontractors of 
194.12 	the provider entity including billers, on the policies and procedures under clause (1);
194.13 	(3) respond to allegations of improper conduct related to the provision or billing of 
194.14 	medical assistance services, and implement action to remediate any resulting problems;
194.15 	(4) use evaluation techniques to monitor compliance with medical assistance laws 
194.16 	and regulations;
194.17 	(5) promptly report to the commissioner any identified violations of medical 
194.18 	assistance laws or regulations; and
194.19 	(6) within 60 days of discovery by the provider of a medical assistance 
194.20 	reimbursement overpayment, report the overpayment to the commissioner and make 
194.21 	arrangements with the commissioner for the commissioner's recovery of the overpayment.
194.22 	The commissioner may require, as a condition of enrollment in medical assistance, that a 
194.23 	provider within a particular industry sector or category establish a compliance program that 
194.24 	contains the core elements established by the Centers for Medicare and Medicaid Services.
194.25 	(c) The commissioner may revoke the enrollment of an ordering or rendering 
194.26 	provider for a period of not more than one year, if the provider fails to maintain and, upon 
194.27 	request from the commissioner, provide access to documentation relating to written orders 
194.28 	or requests for payment for durable medical equipment, certifications for home health 
194.29 	services, or referrals for other items or services written or ordered by such provider, when 
194.30 	the commissioner has identified a pattern of a lack of documentation. A pattern means a 
194.31 	failure to maintain documentation or provide access to documentation on more than one 
194.32 	occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a 
194.33 	provider under the provisions of section 256B.064.
194.34 	(d) The commissioner shall terminate or deny the enrollment of any individual or 
194.35 	entity if the individual or entity has been terminated from participation in Medicare or 
194.36 	under the Medicaid program or Children's Health Insurance Program of any other state.
195.1 	(e) As a condition of enrollment in medical assistance, the commissioner shall 
195.2 	require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 
195.3 	and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 
195.4 	Services, its agents, or its designated contractors and the state agency, its agents, or its 
195.5 	designated contractors to conduct unannounced on-site inspections of any provider location. 
195.6 	The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 
195.7 	list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 
195.8 	and standards used to designate Medicare providers in Code of Federal Regulations, title 
195.9 	42, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 
195.10 	The commissioner's designations are not subject to administrative appeal.
195.11 	(f) As a condition of enrollment in medical assistance, the commissioner shall 
195.12 	require that a high-risk provider, or a person with a direct or indirect ownership interest in 
195.13 	the provider of five percent or higher, consent to criminal background checks, including 
195.14 	fingerprinting, when required to do so under state law or by a determination by the 
195.15 	commissioner or the Centers for Medicare and Medicaid Services that a provider is 
195.16 	designated high-risk for fraud, waste, or abuse.
195.17 	(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all 
195.18 	durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
195.19 	 suppliers meeting the durable medical equipment provider and supplier definition in clause 
195.20 	(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond 
195.21 	that is annually renewed and designates the Minnesota Department of Human Services as 
195.22 	the obligee, and must be submitted in a form approved by the commissioner. For purposes 
195.23 	of this clause, the following medical suppliers are not required to obtain a surety bond: 
195.24 	a federally qualified health center, a home health agency, the Indian Health Service, a 
195.25 	pharmacy, and a rural health clinic.
195.26 	(2) At the time of initial enrollment or reenrollment, the provider agency durable 
195.27 	medical equipment providers and suppliers defined in clause (3) must purchase a 
195.28 	performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in 
195.29 	the previous calendar year is up to and including $300,000, the provider agency must 
195.30 	purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid 
195.31 	revenue in the previous calendar year is over $300,000, the provider agency must purchase 
195.32 	a performance surety bond of $100,000. The performance surety bond must allow for 
195.33 	recovery of costs and fees in pursuing a claim on the bond.
195.34 	(3) "Durable medical equipment provider or supplier" means a medical supplier that 
195.35 	can purchase medical equipment or supplies for sale or rental to the general public and 
196.1 	is able to perform or arrange for necessary repairs to and maintenance of equipment 
196.2 	offered for sale or rental.
196.3 	(h) The Department of Human Services may require a provider to purchase a 
196.4 	performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, 
196.5 	or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the 
196.6 	department determines there is significant evidence of or potential for fraud and abuse by 
196.7 	the provider, or (3) the provider or category of providers is designated high-risk pursuant 
196.8 	to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The 
196.9 	performance surety bond must be in an amount of $100,000 or ten percent of the provider's 
196.10 	payments from Medicaid during the immediately preceding 12 months, whichever is 
196.11 	greater. The performance surety bond must name the Department of Human Services as 
196.12 	an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond. 
196.13 	This paragraph does not apply if the provider already maintains a surety bond that meets 
196.14 	the specifications of another surety bond requirement in this chapter.

196.15 	Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21, 
196.16 	is amended to read:
196.17 		Subd. 21.Requirements for provider enrollment of personal care assistance 
196.18 	provider agencies. (a) All personal care assistance provider agencies must provide, at the 
196.19 	time of enrollment, reenrollment, and revalidation as a personal care assistance provider 
196.20 	agency in a format determined by the commissioner, information and documentation that 
196.21 	includes, but is not limited to, the following:
196.22 	(1) the personal care assistance provider agency's current contact information 
196.23 	including address, telephone number, and e-mail address;
196.24 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider's 
196.25 	Medicaid revenue in the previous calendar year is up to and including $300,000, the 
196.26 	provider agency must purchase a performance surety bond of $50,000. If the Medicaid 
196.27 	revenue in the previous year is over $300,000, the provider agency must purchase a 
196.28 	performance surety bond of $100,000. The performance surety bond must be in a form 
196.29 	approved by the commissioner, must be renewed annually, and must allow for recovery of 
196.30 	costs and fees in pursuing a claim on the bond;
196.31 	(3) proof of fidelity bond coverage in the amount of $20,000;
196.32 	(4) proof of workers' compensation insurance coverage;
196.33 	(5) proof of liability insurance;
197.1 	(6) a description of the personal care assistance provider agency's organization 
197.2 	identifying the names of all owners, managing employees, staff, board of directors, and 
197.3 	the affiliations of the directors, owners, or staff to other service providers;
197.4 	(7) a copy of the personal care assistance provider agency's written policies and 
197.5 	procedures including: hiring of employees; training requirements; service delivery; 
197.6 	and employee and consumer safety including process for notification and resolution 
197.7 	of consumer grievances, identification and prevention of communicable diseases, and 
197.8 	employee misconduct;
197.9 	(8) copies of all other forms the personal care assistance provider agency uses in 
197.10 	the course of daily business including, but not limited to:
197.11 	(i) a copy of the personal care assistance provider agency's time sheet if the time 
197.12 	sheet varies from the standard time sheet for personal care assistance services approved 
197.13 	by the commissioner, and a letter requesting approval of the personal care assistance 
197.14 	provider agency's nonstandard time sheet;
197.15 	(ii) the personal care assistance provider agency's template for the personal care 
197.16 	assistance care plan; and
197.17 	(iii) the personal care assistance provider agency's template for the written 
197.18 	agreement in subdivision 20 for recipients using the personal care assistance choice 
197.19 	option, if applicable;
197.20 	(9) a list of all training and classes that the personal care assistance provider agency 
197.21 	requires of its staff providing personal care assistance services;
197.22 	(10) documentation that the personal care assistance provider agency and staff have 
197.23 	successfully completed all the training required by this section;
197.24 	(11) documentation of the agency's marketing practices;
197.25 	(12) disclosure of ownership, leasing, or management of all residential properties 
197.26 	that is used or could be used for providing home care services;
197.27 	(13) documentation that the agency will use the following percentages of revenue 
197.28 	generated from the medical assistance rate paid for personal care assistance services 
197.29 	for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 
197.30 	personal care assistance choice option and 72.5 percent of revenue from other personal 
197.31 	care assistance providers. The revenue generated by the qualified professional and the 
197.32 	reasonable costs associated with the qualified professional shall not be used in making 
197.33 	this calculation; and
197.34 	(14) effective May 15, 2010, documentation that the agency does not burden 
197.35 	recipients' free exercise of their right to choose service providers by requiring personal 
197.36 	care assistants to sign an agreement not to work with any particular personal care 
198.1 	assistance recipient or for another personal care assistance provider agency after leaving 
198.2 	the agency and that the agency is not taking action on any such agreements or requirements 
198.3 	regardless of the date signed.
198.4 	(b) Personal care assistance provider agencies shall provide the information specified 
198.5 	in paragraph (a) to the commissioner at the time the personal care assistance provider 
198.6 	agency enrolls as a vendor or upon request from the commissioner. The commissioner 
198.7 	shall collect the information specified in paragraph (a) from all personal care assistance 
198.8 	providers beginning July 1, 2009.
198.9 	(c) All personal care assistance provider agencies shall require all employees in 
198.10 	management and supervisory positions and owners of the agency who are active in the 
198.11 	day-to-day management and operations of the agency to complete mandatory training 
198.12 	as determined by the commissioner before enrollment of the agency as a provider. 
198.13 	Employees in management and supervisory positions and owners who are active in 
198.14 	the day-to-day operations of an agency who have completed the required training as 
198.15 	an employee with a personal care assistance provider agency do not need to repeat 
198.16 	the required training if they are hired by another agency, if they have completed the 
198.17 	training within the past three years. By September 1, 2010, the required training must 
198.18 	be available with meaningful access according to title VI of the Civil Rights Act and 
198.19 	federal regulations adopted under that law or any guidance from the United States Health 
198.20 	and Human Services Department. The required training must be available online or by 
198.21 	electronic remote connection. The required training must provide for competency testing. 
198.22 	Personal care assistance provider agency billing staff shall complete training about 
198.23 	personal care assistance program financial management. This training is effective July 1, 
198.24 	2009. Any personal care assistance provider agency enrolled before that date shall, if it 
198.25 	has not already, complete the provider training within 18 months of July 1, 2009. Any new 
198.26 	owners or employees in management and supervisory positions involved in the day-to-day 
198.27 	operations are required to complete mandatory training as a requisite of working for the 
198.28 	agency. Personal care assistance provider agencies certified for participation in Medicare 
198.29 	as home health agencies are exempt from the training required in this subdivision. When 
198.30 	available, Medicare-certified home health agency owners, supervisors, or managers must 
198.31 	successfully complete the competency test.

198.32 	Sec. 3. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
198.33 		Subdivision 1.Managed care pilot. The commissioner may initiate a capitated 
198.34 	risk-based managed care option for services in an intermediate care facility for persons 
198.35 	with developmental disabilities according to the terms and conditions of the federal 
199.1 	agreement governing the managed care pilot. The commissioner may grant a variance 
199.2 	to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts 
199.3 	9525.1200 to 9525.1330 and 9525.1580.

199.4 	Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
199.5 		Subd. 16.Project extension. Minnesota Rules, parts 9500.1450; 9500.1451; 
199.6 	9500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458; 
199.7 	9500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

199.8 	Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is 
199.9 	amended to read:
199.10 		Subd. 12.Requirements for enrollment of CFSS provider agencies. (a) All CFSS 
199.11 	provider agencies must provide, at the time of enrollment, reenrollment, and revalidation 
199.12 	as a CFSS provider agency in a format determined by the commissioner, information and 
199.13 	documentation that includes, but is not limited to, the following:
199.14 	(1) the CFSS provider agency's current contact information including address, 
199.15 	telephone number, and e-mail address;
199.16 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's 
199.17 	Medicaid revenue in the previous calendar year is less than or equal to $300,000, the 
199.18 	provider agency must purchase a performance surety bond of $50,000. If the provider 
199.19 	agency's Medicaid revenue in the previous calendar year is greater than $300,000, the 
199.20 	provider agency must purchase a performance surety bond of $100,000. The performance
199.21 	 surety bond must be in a form approved by the commissioner, must be renewed annually, 
199.22 	and must allow for recovery of costs and fees in pursuing a claim on the bond;
199.23 	(3) proof of fidelity bond coverage in the amount of $20,000;
199.24 	(4) proof of workers' compensation insurance coverage;
199.25 	(5) proof of liability insurance;
199.26 	(6) a description of the CFSS provider agency's organization identifying the names 
199.27 	of all owners, managing employees, staff, board of directors, and the affiliations of the 
199.28 	directors, owners, or staff to other service providers;
199.29 	(7) a copy of the CFSS provider agency's written policies and procedures including: 
199.30 	hiring of employees; training requirements; service delivery; and employee and consumer 
199.31 	safety including process for notification and resolution of consumer grievances, 
199.32 	identification and prevention of communicable diseases, and employee misconduct;
199.33 	(8) copies of all other forms the CFSS provider agency uses in the course of daily 
199.34 	business including, but not limited to:
200.1 	(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from 
200.2 	the standard time sheet for CFSS services approved by the commissioner, and a letter 
200.3 	requesting approval of the CFSS provider agency's nonstandard time sheet; and
200.4 	(ii) the CFSS provider agency's template for the CFSS care plan;
200.5 	(9) a list of all training and classes that the CFSS provider agency requires of its 
200.6 	staff providing CFSS services;
200.7 	(10) documentation that the CFSS provider agency and staff have successfully 
200.8 	completed all the training required by this section;
200.9 	(11) documentation of the agency's marketing practices;
200.10 	(12) disclosure of ownership, leasing, or management of all residential properties 
200.11 	that are used or could be used for providing home care services;
200.12 	(13) documentation that the agency will use at least the following percentages of 
200.13 	revenue generated from the medical assistance rate paid for CFSS services for employee 
200.14 	personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. 
200.15 	The revenue generated by the support specialist and the reasonable costs associated with 
200.16 	the support specialist shall not be used in making this calculation; and
200.17 	(14) documentation that the agency does not burden recipients' free exercise of their 
200.18 	right to choose service providers by requiring personal care assistants to sign an agreement 
200.19 	not to work with any particular CFSS recipient or for another CFSS provider agency after 
200.20 	leaving the agency and that the agency is not taking action on any such agreements or 
200.21 	requirements regardless of the date signed.
200.22 	(b) CFSS provider agencies shall provide to the commissioner the information 
200.23 	specified in paragraph (a).
200.24 	(c) All CFSS provider agencies shall require all employees in management and 
200.25 	supervisory positions and owners of the agency who are active in the day-to-day 
200.26 	management and operations of the agency to complete mandatory training as determined 
200.27 	by the commissioner. Employees in management and supervisory positions and owners 
200.28 	who are active in the day-to-day operations of an agency who have completed the required 
200.29 	training as an employee with a CFSS provider agency do not need to repeat the required 
200.30 	training if they are hired by another agency, if they have completed the training within 
200.31 	the past three years. CFSS provider agency billing staff shall complete training about 
200.32 	CFSS program financial management. Any new owners or employees in management 
200.33 	and supervisory positions involved in the day-to-day operations are required to complete 
200.34 	mandatory training as a requisite of working for the agency. CFSS provider agencies 
200.35 	certified for participation in Medicare as home health agencies are exempt from the 
200.36 	training required in this subdivision.

201.1 	Sec. 6. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
201.2 		Subd. 2.Selection of members, terms, vacancies. Except in counties which 
201.3 	contain a city of the first class and counties having a poor and hospital commission, the 
201.4 	local social services agency shall consist of seven members, including the board of county 
201.5 	commissioners, to be selected as herein provided; two members, one of whom shall be 
201.6 	a woman, shall be appointed by the commissioner of human services board of county 
201.7 	commissioners, one each year for a full term of two years, from a list of residents, submitted 
201.8 	by the board of county commissioners. As each term expires or a vacancy occurs by reason 
201.9 	of death or resignation, a successor shall be appointed by the commissioner of human 
201.10 	services board of county commissioners for the full term of two years or the balance of any 
201.11 	unexpired term from a list of one or more, not to exceed three residents submitted by the 
201.12 	board of county commissioners. The board of county commissioners may, by resolution 
201.13 	adopted by a majority of the board, determine that only three of their members shall be 
201.14 	members of the local social services agency, in which event the local social services agency 
201.15 	shall consist of five members instead of seven. When a vacancy occurs on the local social 
201.16 	services agency by reason of the death, resignation, or expiration of the term of office of a 
201.17 	member of the board of county commissioners, the unexpired term of such member shall 
201.18 	be filled by appointment by the county commissioners. Except to fill a vacancy the term 
201.19 	of office of each member of the local social services agency shall commence on the first 
201.20 	Thursday after the first Monday in July, and continue until the expiration of the term 
201.21 	for which such member was appointed or until a successor is appointed and qualifies. 
201.22 	If the board of county commissioners shall refuse, fail, omit, or neglect to submit one 
201.23 	or more nominees to the commissioner of human services for appointment to the local 
201.24 	social services agency by the commissioner of human services, as herein provided, or to 
201.25 	appoint the three members to the local social services agency, as herein provided, by the 
201.26 	time when the terms of such members commence, or, in the event of vacancies, for a 
201.27 	period of 30 days thereafter, the commissioner of human services is hereby empowered 
201.28 	to and shall forthwith appoint residents of the county to the local social services agency. 
201.29 	The commissioner of human services, on refusing to appoint a nominee from the list of 
201.30 	nominees submitted by the board of county commissioners, shall notify the county board 
201.31 	of such refusal. The county board shall thereupon nominate additional nominees. Before 
201.32 	the commissioner of human services shall fill any vacancy hereunder resulting from the 
201.33 	failure or refusal of the board of county commissioners of any county to act, as required 
201.34 	herein, the commissioner of human services shall mail 15 days' written notice to the board 
201.35 	of county commissioners of its intention to fill such vacancy or vacancies unless the board 
201.36 	of county commissioners shall act before the expiration of the 15-day period.

202.1 	Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
202.2 		Subd. 7.Joint exercise of powers. Notwithstanding the provisions of subdivision 1 
202.3 	two or more counties may by resolution of their respective boards of county commissioners, 
202.4 	agree to combine the functions of their separate local social services agency into one local 
202.5 	social services agency to serve the two or more counties that enter into the agreement. 
202.6 	Such agreement may be for a definite term or until terminated in accordance with its terms. 
202.7 	When two or more counties have agreed to combine the functions of their separate local 
202.8 	social services agency, a single local social services agency in lieu of existing individual 
202.9 	local social services agency shall be established to direct the activities of the combined 
202.10 	agency. This agency shall have the same powers, duties and functions as an individual local 
202.11 	social services agency. The single local social services agency shall have representation 
202.12 	from each of the participating counties with selection of the members to be as follows:
202.13 	(a) Each board of county commissioners entering into the agreement shall on an 
202.14 	annual basis select one or two of its members to serve on the single local social services 
202.15 	agency.
202.16 	(b) Each board of county commissioners entering into the agreement shall in 
202.17 	accordance with procedures established by the commissioner of human services, submit a 
202.18 	list of names of three county residents, who shall not be county commissioners, to the 
202.19 	commissioner of human services. The commissioner shall select one person from each 
202.20 	county list county resident who is not a county commissioner to serve as a local social 
202.21 	services agency member.
202.22 	(c) The composition of the agency may be determined by the boards of county 
202.23 	commissioners entering into the agreement providing that no less than one-third of the 
202.24 	members are appointed as provided in clause paragraph (b).

202.25 	Sec. 8. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to 
202.26 	read:
202.27 	Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT 
202.28 	PROCESS.
 202.29 	(a) The commissioner of human services shall issue a request for information for an 
202.30 	integrated service delivery system for health care programs, food support, cash assistance, 
202.31 	and child care. The commissioner shall determine, in consultation with partners in 
202.32 	paragraph (c), if the products meet departments' and counties' functions. The request for 
202.33 	information may incorporate a performance-based vendor financing option in which the 
202.34 	vendor shares the risk of the project's success. The health care system must be developed 
203.1 	in phases with the capacity to integrate food support, cash assistance, and child care 
203.2 	programs as funds are available. The request for information must require that the system:
203.3 	(1) streamline eligibility determinations and case processing to support statewide 
203.4 	eligibility processing;
203.5 	(2) enable interested persons to determine eligibility for each program, and to apply 
203.6 	for programs online in a manner that the applicant will be asked only those questions 
203.7 	relevant to the programs for which the person is applying;
203.8 	(3) leverage technology that has been operational in other state environments with 
203.9 	similar requirements; and
203.10 	(4) include Web-based application, worker application processing support, and the 
203.11 	opportunity for expansion.
203.12 	(b) The commissioner shall issue a final report, including the implementation plan, 
203.13 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
203.14 	over health and human services no later than January 31, 2012.
203.15 	(c) The commissioner shall partner with counties, a service delivery authority 
203.16 	established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology, 
203.17 	other state agencies, and service partners to develop an integrated service delivery 
203.18 	framework, which will simplify and streamline human services eligibility and enrollment 
203.19 	processes. The primary objectives for the simplification effort include significantly 
203.20 	improved eligibility processing productivity resulting in reduced time for eligibility 
203.21 	determination and enrollment, increased customer service for applicants and recipients of 
203.22 	services, increased program integrity, and greater administrative flexibility.
203.23 	(d) The commissioner, along with a county representative appointed by the 
203.24 	Association of Minnesota Counties, shall report specific implementation progress to the 
203.25 	legislature annually beginning May 15, 2012.
203.26 	(e) The commissioner shall work with the Minnesota Association of County Social 
203.27 	Service Administrators and the Office of Enterprise Technology to develop collaborative 
203.28 	task forces, as necessary, to support implementation of the service delivery components 
203.29 	under this paragraph. The commissioner must evaluate, develop, and include as part 
203.30 	of the integrated eligibility and enrollment service delivery framework, the following 
203.31 	minimum components:
203.32 	(1) screening tools for applicants to determine potential eligibility as part of an 
203.33 	online application process;
203.34 	(2) the capacity to use databases to electronically verify application and renewal 
203.35 	data as required by law;
203.36 	(3) online accounts accessible by applicants and enrollees;
204.1 	(4) an interactive voice response system, available statewide, that provides case 
204.2 	information for applicants, enrollees, and authorized third parties;
204.3 	(5) an electronic document management system that provides electronic transfer of 
204.4 	all documents required for eligibility and enrollment processes; and
204.5 	(6) a centralized customer contact center that applicants, enrollees, and authorized 
204.6 	third parties can use statewide to receive program information, application assistance, 
204.7 	and case information, report changes, make cost-sharing payments, and conduct other 
204.8 	eligibility and enrollment transactions.
204.9 	(f) (e) Subject to a legislative appropriation, the commissioner of human services 
204.10 	shall issue a request for proposal for the appropriate phase of an integrated service delivery 
204.11 	system for health care programs, food support, cash assistance, and child care.

204.12 	Sec. 9. RULEMAKING; REDUNDANT PROVISION REGARDING 
204.13 	TRANSITION LENSES.
 204.14 	The commissioner of human services shall amend Minnesota Rules, part 9505.0277, 
204.15 	subpart 3, to remove transition lenses from the list of eyeglass services not eligible for 
204.16 	payment under the medical assistance program. The commissioner may use the good 
204.17 	cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt 
204.18 	rules under this section. Minnesota Statutes, section 14.386, does not apply except as 
204.19 	provided in Minnesota Statutes, section 14.388.

204.20 	Sec. 10. FEDERAL APPROVAL.
 204.21 	By October 1, 2015, the commissioner of human services shall seek federal authority 
204.22 	to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid 
204.23 	plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI). 
204.24 	To be eligible, an individual must have family income at or below 200 percent of the 
204.25 	federal poverty guidelines, except that for an individual under age 21, only the income of 
204.26 	the individual must be considered in determining eligibility. Services under this program 
204.27 	must be available on a presumptive eligibility basis.

204.28 	Sec. 11. REVISOR'S INSTRUCTION.
 204.29 	The revisor of statutes shall remove cross-references to the sections and parts 
204.30 	repealed in section 12, paragraphs (a) and (b), wherever they appear in Minnesota Rules 
204.31 	and shall make changes necessary to correct the punctuation, grammar, or structure of the 
204.32 	remaining text and preserve its meaning.

205.1 	Sec. 12.  REPEALER.
 205.2 	(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
205.3 	(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 
205.4 	9500.1456; and 9525.1580, are repealed.
205.5 	(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and 
205.6 	9505.5325, are repealed contingent upon federal approval of the state Medicaid plan 
205.7 	amendment under section 10. The commissioner of human services shall notify the 
205.8 	revisor of statutes when this occurs.