1.1 	A bill for an act
1.2 	relating to state government; making changes to health and human services 
1.3 	policy provisions; modifying provisions relating to children and family 
1.4 	services, the provision of health services, chemical and mental health services, 
1.5 	health-related occupations, Department of Health, public health, continuing care, 
1.6 	public assistance programs, and health care; establishing reporting requirements 
1.7 	and grounds for disciplinary action for health professionals; making changes to 
1.8 	the medical assistance program; modifying provisions governing juvenile safety 
1.9 	and placement; regulating the sale and use of tobacco-related and electronic 
1.10 	delivery devices; modifying requirements for local boards of health; making 
1.11 	changes to provisions governing the Board of Pharmacy; modifying home and 
1.12 	community-based services standards; revising the Minnesota family investment 
1.13 	program; establishing and modifying task forces and advisory councils; making 
1.14 	changes to grant programs; modifying certain penalty fees; requiring studies 
1.15 	and reports;amending Minnesota Statutes 2012, sections 13.46, subdivision 
1.16 	2; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 
1.17 	13; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165; 
1.18 	144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02, 
1.19 	subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4, 
1.20 	5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2; 
1.21 	145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions 
1.22 	1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2, 
1.23 	by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17; 
1.24 	148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 
1.25 	148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 
1.26 	4; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 
1.27 	148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a 
1.28 	subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 
1.29 	2a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211; 
1.30 	151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 
1.31 	151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 
1.32 	214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 
1.33 	214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 
1.34 	245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision 
1.35 	2; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by 
1.36 	adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision; 
1.37 	256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding 
1.38 	a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69, 
1.39 	subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by 
2.1 	adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision; 
2.2 	256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a; 
2.3 	256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12; 
2.4 	256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13; 
2.5 	256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5, 
2.6 	8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26, 
2.7 	subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding 
2.8 	a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 
2.9 	461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision 
2.10 	1; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2; 
2.11 	144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 
2.12 	3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7; 
2.13 	151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02, 
2.14 	by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 
2.15 	1; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, 
2.16 	subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4; 
2.17 	245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 
2.18 	256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 
2.19 	256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766; 
2.20 	256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3; 
2.21 	256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision 
2.22 	2; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special 
2.23 	Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section 
2.24 	60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 
2.25 	150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota 
2.26 	Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6; 
2.27 	145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 
2.28 	10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision 
2.29 	2; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08; 
2.30 	Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision 
2.31 	2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 
2.32 	1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 
2.33 	9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 
2.34 	9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
2.35 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.36 	ARTICLE 1
2.37 	CHILDREN AND FAMILY SERVICES

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

3.6 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
3.7 	245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT 
3.8 	DEATH IN LICENSED PROGRAMS.
3.9 	(a) When a license holder is placing an infant to sleep, the license holder must place 
3.10 	the infant on the infant's back, unless the license holder has documentation from the 
3.11 	infant's physician directing an alternative sleeping position for the infant. The physician 
3.12 	directive must be on a form approved by the commissioner and must remain on file at the 
3.13 	licensed location. An infant who independently rolls onto its stomach after being placed to 
3.14 	sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least 
3.15 	six months of age or the license holder has a signed statement from the parent indicating 
3.16 	that the infant regularly rolls over at home.
3.17 	(b) The license holder must place the infant in a crib directly on a firm mattress with 
3.18 	a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and 
3.19 	overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of 
3.20 	the sheet with reasonable effort. The license holder must not place anything in the crib with 
3.21 	the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, 
3.22 	part 1511. The requirements of this section apply to license holders serving infants younger 
3.23 	than one year of age. Licensed child care providers must meet the crib requirements under 
3.24 	section 245A.146. A correction order shall not be issued under this paragraph unless there 
3.25 	is evidence that a violation occurred when an infant was present in the license holder's care.
3.26 	(c) If an infant falls asleep before being placed in a crib, the license holder must 
3.27 	move the infant to a crib as soon as practicable, and must keep the infant within sight of 
3.28 	the license holder until the infant is placed in a crib. When an infant falls asleep while 
3.29 	being held, the license holder must consider the supervision needs of other children in 
3.30 	care when determining how long to hold the infant before placing the infant in a crib to 
3.31 	sleep. The sleeping infant must not be in a position where the airway may be blocked or 
3.32 	with anything covering the infant's face.
3.33 	(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended 
3.34 	for an infant of any age and is prohibited for any infant who has begun to roll over 
3.35 	independently. However, with the written consent of a parent or guardian according to this 
4.1 	paragraph, a license holder may place the infant who has not yet begun to roll over on its 
4.2 	own down to sleep in a one-piece sleeper equipped with an attached system that fastens 
4.3 	securely only across the upper torso, with no constriction of the hips or legs, to create a 
4.4 	swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter, 
4.5 	the license holder must obtain informed written consent for the use of swaddling from the 
4.6 	parent or guardian of the infant on a form provided by the commissioner and prepared in 
4.7 	partnership with the Minnesota Sudden Infant Death Center.

4.8 	Sec. 3. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD 
4.9 	CARE LICENSE HOLDERS.
4.10 	Contractors who serve multiple family child care holders may request that the 
4.11 	county agency maintain a record of:
4.12 	(1) the contractor's background study results as required in section 245C.04, 
4.13 	subdivision 7, to verify that the contractor does not have a disqualification or a 
4.14 	disqualification that has not been set aside, and is eligible to provide direct contact services 
4.15 	in a licensed program; and
4.16 	(2) the contractor's compliance with training requirements.

4.17 	Sec. 4. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is 
4.18 	amended to read:
4.19 		Subd. 5.Sudden unexpected infant death and abusive head trauma training.
 4.20 	(a) License holders must document that before staff persons, caregivers, and helpers 
4.21 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
4.22 	receive training on reducing the risk of sudden unexpected infant death. In addition, 
4.23 	license holders must document that before staff persons, caregivers, and helpers assist in 
4.24 	the care of infants and children under school age, they receive training on reducing the 
4.25 	risk of abusive head trauma from shaking infants and young children. The training in this 
4.26 	subdivision may be provided as initial training under subdivision 1 or ongoing annual 
4.27 	training under subdivision 7.
4.28 	(b) Sudden unexpected infant death reduction training required under this subdivision 
4.29 	must be at least one-half hour in length and must be completed in person at least once 
4.30 	every two years. On the years when the license holder is not receiving the in-person 
4.31 	training on sudden unexpected infant death reduction, the license holder must receive 
4.32 	sudden unexpected infant death reduction training through a video of no more than one 
4.33 	hour in length developed or approved by the commissioner., at a minimum, the training 
4.34 	must address the risk factors related to sudden unexpected infant death, means of reducing 
5.1 	the risk of sudden unexpected infant death in child care, and license holder communication 
5.2 	with parents regarding reducing the risk of sudden unexpected infant death.
5.3 	(c) Abusive head trauma training required under this subdivision must be at least 
5.4 	one-half hour in length and must be completed at least once every year., at a minimum, 
5.5 	the training must address the risk factors related to shaking infants and young children, 
5.6 	means of reducing the risk of abusive head trauma in child care, and license holder 
5.7 	communication with parents regarding reducing the risk of abusive head trauma.
5.8 	(d) Training for family and group family child care providers must be developed 
5.9 	by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and 
5.10 	approved by the Minnesota Center for Professional Development. Sudden unexpected 
5.11 	infant death reduction training and abusive head trauma training may be provided in a 
5.12 	single course of no more than two hours in length.
5.13 	(e) Sudden unexpected infant death reduction training and abusive head trauma 
5.14 	training required under this subdivision must be completed in person or as allowed under 
5.15 	subdivision 10, clause (1) or (2), at least once every two years. On the years when the 
5.16 	license holder is not receiving training in person or as allowed under subdivision 10, 
5.17 	clause (1) or (2), the license holder must receive sudden unexpected infant death reduction 
5.18 	training and abusive head trauma training through a video of no more than one hour in 
5.19 	length. The video must be developed or approved by the commissioner.

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

5.21 	Sec. 5. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision 
5.22 	to read:
5.23 		Subd. 7.Current or prospective contractors serving multiple family child care 
5.24 	license holders. Current or prospective contractors who are required to have a background 
5.25 	study under section 245C.03, subdivision 1, who provide services for multiple family 
5.26 	child care license holders in a single county, and will have direct contact with children 
5.27 	served in the family child care setting are required to have only one background study 
5.28 	which is transferable to all family child care programs in that county if:
5.29 	(1) the county agency maintains a record of the contractor's background study results 
5.30 	which verify the contractor is approved to have direct contact with children receiving 
5.31 	services;
5.32 	(2) the license holder contacts the county agency and obtains notice that the current 
5.33 	or prospective contractor is in compliance with background study requirements and 
5.34 	approved to have direct contact; and
5.35 	(3) the contractor's background study is repeated every two years.

6.1 	Sec. 6. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
6.2 		Subd. 4.Duties of commissioner. The commissioner of human services shall:
6.3 	(1) provide practice guidance to responsible social services agencies and child-placing 
6.4 	agencies that reflect federal and state laws and policy direction on placement of children;
6.5 	(2) develop criteria for determining whether a prospective adoptive or foster family 
6.6 	has the ability to understand and validate the child's cultural background;
6.7 	(3) provide a standardized training curriculum for adoption and foster care workers 
6.8 	and administrators who work with children. Training must address the following objectives:
6.9 	(i) developing and maintaining sensitivity to all cultures;
6.10 	(ii) assessing values and their cultural implications;
6.11 	(iii) making individualized placement decisions that advance the best interests of a 
6.12 	particular child under section 260C.212, subdivision 2; and
6.13 	(iv) issues related to cross-cultural placement;
6.14 	(4) provide a training curriculum for all prospective adoptive and foster families that 
6.15 	prepares them to care for the needs of adoptive and foster children taking into consideration 
6.16 	the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
6.17 	(5) develop and provide to agencies a home study format to assess the capacities 
6.18 	and needs of prospective adoptive and foster families. The format must address 
6.19 	problem-solving skills; parenting skills; evaluate the degree to which the prospective 
6.20 	family has the ability to understand and validate the child's cultural background, and other 
6.21 	issues needed to provide sufficient information for agencies to make an individualized 
6.22 	placement decision consistent with section 260C.212, subdivision 2. For a study of a 
6.23 	prospective foster parent, the format must also address the capacity of the prospective 
6.24 	foster parent to provide a safe, healthy, smoke-free home environment. If a prospective 
6.25 	adoptive parent has also been a foster parent, any update necessary to a home study for 
6.26 	the purpose of adoption may be completed by the licensing authority responsible for the 
6.27 	foster parent's license. If a prospective adoptive parent with an approved adoptive home 
6.28 	study also applies for a foster care license, the license application may be made with the 
6.29 	same agency which provided the adoptive home study; and
6.30 	(6) consult with representatives reflecting diverse populations from the councils 
6.31 	established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 
6.32 	community organizations.

6.33 	Sec. 7. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
6.34 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
6.35 	agency must:
7.1 	(1) develop and follow procedures for implementing the requirements of section 
7.2 	260C.212, subdivision 2, and the Indian Child Welfare Act, United States Code, title 
7.3 	25, sections 1901 to 1923;
7.4 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
7.5 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
7.6 	The plan must include:
7.7 	(i) strategies for using existing resources in diverse communities;
7.8 	(ii) use of diverse outreach staff wherever possible;
7.9 	(iii) use of diverse foster homes for placements after birth and before adoption; and
7.10 	(iv) other techniques as appropriate;
7.11 	(3) have a written plan for training adoptive and foster families;
7.12 	(4) have a written plan for employing staff in adoption and foster care who have 
7.13 	the capacity to assess the foster and adoptive parents' ability to understand and validate a 
7.14 	child's cultural and meet the child's individual needs, and to advance the best interests of 
7.15 	the child, as required in section 260C.212, subdivision 2. The plan must include staffing 
7.16 	goals and objectives;
7.17 	(5) ensure that adoption and foster care workers attend training offered or approved 
7.18 	by the Department of Human Services regarding cultural diversity and the needs of special 
7.19 	needs children; and
7.20 	(6) develop and implement procedures for implementing the requirements of the 
7.21 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
7.22 	(7) ensure that children in foster care are protected from the effects of secondhand 
7.23 	smoke and that licensed foster homes maintain a smoke-free environment in compliance 
7.24 	with subdivision 9.
7.25 	(b) In determining the suitability of a proposed placement of an Indian child, the 
7.26 	standards to be applied must be the prevailing social and cultural standards of the Indian 
7.27 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
7.28 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

7.29 	Sec. 8. Minnesota Statutes 2012, section 260C.215, is amended by adding a 
7.30 	subdivision to read:
7.31 		Subd. 9.Preventing exposure to secondhand smoke for children in foster care.
 7.32 	(a) A child in foster care shall not be exposed to any type of secondhand smoke in the 
7.33 	following settings:
7.34 	(1) a licensed foster home or any enclosed space connected to the home, including a 
7.35 	garage, porch, deck, or similar space; or
8.1 	(2) a motor vehicle while a foster child is transported.
8.2 	(b) Smoking in outdoor areas on the premises of the home is permitted, except when 
8.3 	a foster child is present and exposed to secondhand smoke.
8.4 	(c) The home study required in subdivision 4, clause (5), must include a plan to 
8.5 	maintain a smoke-free environment for foster children.
8.6 	(d) If a foster parent fails to provide a smoke-free environment for a foster child, the 
8.7 	child-placing agency must ask the foster parent to comply with a plan that includes training 
8.8 	on the health risks of exposure to secondhand smoke. If the agency determines that the 
8.9 	foster parent is unable to provide a smoke-free environment and that the home environment 
8.10 	constitutes a health risk to a foster child, the agency must reassess whether the placement 
8.11 	is based on the child's best interests consistent with section 260C.212, subdivision 2.
8.12 	(e) Nothing in this subdivision shall delay the placement of a child with a relative, 
8.13 	consistent with section 245A.035, unless the relative is unable to provide for the 
8.14 	immediate health needs of the individual child.
8.15 	(f) If a child's best interests would most effectively be served by placement in a home 
8.16 	which will not meet the requirements of paragraph (a), the failure to meet the requirements 
8.17 	of paragraph (a) shall not be a cause to deny placement in that home.
8.18 	(g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a 
8.19 	basis for denying placement pursuant to the provisions of the federal Indian Child Welfare 
8.20 	Act or Minnesota Indian Family Preservation Act.
8.21 	(h) Nothing in this subdivision shall be interpreted to interfere with traditional or 
8.22 	spiritual Native American or religious ceremonies involving the use of tobacco.

8.23 	Sec. 9. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
8.24 		Subd. 11c.Welfare, court services agency, and school records maintained.
 8.25 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
8.26 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
8.27 	investigating the report, court services agencies, or schools under this section shall be 
8.28 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
8.29 	(a) For family assessment cases and cases where an investigation results in no 
8.30 	determination of maltreatment or the need for child protective services, the assessment or 
8.31 	investigation records must be maintained for a period of four years. Records under this 
8.32 	paragraph may not be used for employment, background checks, or purposes other than to 
8.33 	assist in future risk and safety assessments.
9.1 	(b) All records relating to reports which, upon investigation, indicate either 
9.2 	maltreatment or a need for child protective services shall be maintained for at least ten 
9.3 	years after the date of the final entry in the case record.
9.4 	(c) All records regarding a report of maltreatment, including any notification of intent 
9.5 	to interview which was received by a school under subdivision 10, paragraph (d), shall be 
9.6 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
9.7 	investigation. The agency shall order the destruction of the notification when other records 
9.8 	relating to the report under investigation or assessment are destroyed under this subdivision.
9.9 	(d) Private or confidential data released to a court services agency under subdivision 
9.10 	10h must be destroyed by the court services agency when ordered to do so by the local 
9.11 	welfare agency that released the data. The local welfare agency or agency responsible for 
9.12 	assessing or investigating the report shall order destruction of the data when other records 
9.13 	relating to the assessment or investigation are destroyed under this subdivision.
9.14 	(e) For reports alleging child maltreatment that were not accepted for assessment 
9.15 	or investigation, counties shall maintain sufficient information to identify repeat reports 
9.16 	alleging maltreatment of the same child or children for 365 days from the date the report 
9.17 	was screened out. The Department of Human Services shall specify to the counties the 
9.18 	minimum information needed to accomplish this purpose. Counties shall enter this data 
9.19 	into the state social services information system.

9.20 	Sec. 10. MINNESOTA TANF EXPENDITURES TASK FORCE.
 9.21 		Subdivision 1.Establishment. The Minnesota TANF Expenditures Task Force is 
9.22 	established to analyze past temporary assistance for needy families (TANF) expenditures 
9.23 	and make recommendations as to which, if any, programs currently receiving TANF 
9.24 	funding should be funded by the general fund so that a greater portion of TANF funds 
9.25 	can go directly to Minnesota families receiving assistance through the Minnesota family 
9.26 	investment program under Minnesota Statutes, chapter 256J.
9.27 		Subd. 2.Membership; meetings; staff. (a) The task force shall be composed of the 
9.28 	following members who serve at the pleasure of their appointing authority:
9.29 	(1) one representative of the Department of Human Services appointed by the 
9.30 	commissioner of human services;
9.31 	(2) one representative of the Department of Management and Budget appointed by 
9.32 	the commissioner of management and budget;
9.33 	(3) one representative of the Department of Health appointed by the commissioner 
9.34 	of health;
9.35 	(4) one representative of the Local Public Health Association of Minnesota;
10.1 	(5) two representatives of county government appointed by the Association of 
10.2 	Minnesota Counties, one representing counties in the seven-county metropolitan area 
10.3 	and one representing all other counties;
10.4 	(6) one representative of the Minnesota Legal Services Coalition;
10.5 	(7) one representative of the Children's Defense Fund of Minnesota;
10.6 	(8) one representative of the Minnesota Coalition for the Homeless;
10.7 	(9) one representative of the Welfare Rights Coalition;
10.8 	(10) two members of the house of representatives, one appointed by the speaker of 
10.9 	the house and one appointed by the minority leader; and
10.10 	(11) two members of the senate, including one member of the minority party, 
10.11 	appointed according to the rules of the senate.
10.12 	(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force 
10.13 	shall serve without compensation or reimbursement of expenses.
10.14 	(c) The commissioner of human services must convene the first meeting of the 
10.15 	Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at 
10.16 	least quarterly.
10.17 	(d) Staffing and technical assistance shall be provided within available resources by 
10.18 	the Department of Human Services, children and family services division.
10.19 		Subd. 3.Duties. (a) The task force must report on past expenditures of the TANF 
10.20 	block grant, including a determination of whether or not programs for which TANF funds 
10.21 	have been appropriated meet the purposes of the TANF program as defined under Code of 
10.22 	Federal Regulations, title 45, section 260.20, and make recommendations as to which, 
10.23 	if any, programs currently receiving TANF funds should be funded by the general fund. 
10.24 	In making recommendations on program funding sources, the task force shall consider 
10.25 	the following:
10.26 	(1) the original purpose of the TANF block grant under Code of Federal Regulations, 
10.27 	title 45, section 260.20;
10.28 	(2) potential overlap of the population eligible for the Minnesota family investment 
10.29 	program cash grant and the other programs currently receiving TANF funds;
10.30 	(3) the ability for TANF funds, as appropriated under current law, to effectively help 
10.31 	the lowest-income Minnesotans out of poverty;
10.32 	(4) the impact of past expenditures on families who may be eligible for assistance 
10.33 	through TANF;
10.34 	(5) the ability of TANF funds to support effective parenting and optimal brain 
10.35 	development in children under five years old; and
11.1 	(6) the role of noncash assistance expenditures in maintaining compliance with 
11.2 	federal law.
11.3 	(b) In preparing the recommendations under paragraph (a), the task force shall 
11.4 	consult with appropriate Department of Human Services information technology staff 
11.5 	regarding implementation of the recommendations.
11.6 		Subd. 4.Report. (a) The task force must submit an initial report by November 
11.7 	30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and 
11.8 	ranking minority members of the legislative committees with jurisdiction over health and 
11.9 	human services policy and finance.
11.10 	(b) The task force must submit a final report by February 1, 2015, analyzing past 
11.11 	TANF expenditures and making recommendations as to which programs, if any, currently 
11.12 	receiving TANF funding should be funded by the general fund, including any phase-in 
11.13 	period and draft legislation necessary for implementation, to the chairs and ranking 
11.14 	minority members of the legislative committees with jurisdiction over health and human 
11.15 	services policy and finance.
11.16 		Subd. 5.Expiration. This section expires March 1, 2015, or upon submission of the 
11.17 	final report required under subdivision 4, whichever is earlier.

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

11.19 	Sec. 11. REVISOR'S INSTRUCTION.
 11.20 	The revisor of statutes shall change the term "guardianship assistance" to "Northstar 
11.21 	kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to 
11.22 	refer to the program components related to Northstar Care for Children under Minnesota 
11.23 	Statutes, chapter 256N.

11.24 	ARTICLE 2
11.25 	PROVISION OF HEALTH SERVICES

11.26 	Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to 
11.27 	read:
11.28 		Subd. 6.Basic life support. (a) Except as provided in paragraphs (e) and (f), a 
11.29 	basic life-support ambulance shall be staffed by at least two EMTs, one of whom must 
11.30 	accompany the patient and provide a level of care so as to ensure that:
11.31 	(1) life-threatening situations and potentially serious injuries are recognized;
11.32 	(2) patients are protected from additional hazards;
12.1 	(3) basic treatment to reduce the seriousness of emergency situations is administered; 
12.2 	and
12.3 	(4) patients are transported to an appropriate medical facility for treatment.
12.4 	(b) A basic life-support service shall provide basic airway management.
12.5 	(c) A basic life-support service shall provide automatic defibrillation.
12.6 	(d) A basic life-support service licensee's medical director may authorize ambulance 
12.7 	service personnel to perform intravenous infusion and use equipment that is within the 
12.8 	licensure level of the ambulance service, including administration of an opiate antagonist. 
12.9 	Ambulance service personnel must be properly trained. Documentation of authorization 
12.10 	for use, guidelines for use, continuing education, and skill verification must be maintained 
12.11 	in the licensee's files.
12.12 	(e) Upon application from an ambulance service that includes evidence demonstrating 
12.13 	hardship, the board may grant a variance from the staff requirements in paragraph (a) and 
12.14 	may authorize a basic life-support ambulance to be staffed by one EMT and one registered 
12.15 	emergency medical responder driver for all emergency ambulance calls and interfacility 
12.16 	transfers. The variance shall apply to basic life-support ambulances operated by the 
12.17 	ambulance service until the ambulance service renews its license. When a variance expires, 
12.18 	an ambulance service may apply for a new variance under this paragraph. For purposes of 
12.19 	this paragraph, "ambulance service" means either an ambulance service whose primary 
12.20 	service area is mainly located outside the metropolitan counties listed in section 473.121, 
12.21 	subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. 
12.22 	Cloud; or an ambulance service based in a community with a population of less than 1,000.
12.23 	(f) After an initial emergency ambulance call, each subsequent emergency ambulance 
12.24 	response, until the initial ambulance is again available, and interfacility transfers, may 
12.25 	be staffed by one registered emergency medical responder driver and an EMT. The 
12.26 	EMT must accompany the patient and provide the level of care required in paragraph 
12.27 	(a). This paragraph applies only to an ambulance service whose primary service area is 
12.28 	mainly located outside the metropolitan counties listed in section 473.121, subdivision 
12.29 	4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an 
12.30 	ambulance based in a community with a population of less than 1,000 persons.

12.31 	Sec. 2. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
12.32 		Subdivision 1.Practice of dentistry. A person licensed to practice dentistry under 
12.33 	sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating 
12.34 	in the administration of an influenza vaccination.
13.1 		Subd. 2.Qualified dentists. (a) The influenza immunization shall be administered 
13.2 	only to patients 19 years of age and older and only by licensed dentists who:
13.3 	(1) have immediate access to emergency response equipment, including but not 
13.4 	limited to oxygen administration equipment, epinephrine, and other allergic reaction 
13.5 	response equipment; and
13.6 	(2) are trained in or have successfully completed a program approved by the 
13.7 	Minnesota Board of Dentistry, specifically for the administration of immunizations. The 
13.8 	training or program must include:
13.9 	(i) educational material on the disease of influenza and vaccination as prevention 
13.10 	of the disease;
13.11 	(ii) contraindications and precautions;
13.12 	(iii) intramuscular administration;
13.13 	(iv) communication of risk and benefits of influenza vaccination and legal 
13.14 	requirements involved;
13.15 	(v) reporting of adverse events;
13.16 	(vi) documentation required by federal law; and
13.17 	(vii) storage and handling of vaccines.
13.18 	(b) Any dentist giving influenza vaccinations under this section shall comply 
13.19 	with guidelines established by the federal Advisory Committee on Immunization 
13.20 	Practices relating to vaccines and immunizations, which includes, but is not limited to, 
13.21 	vaccine storage and handling, vaccine administration and documentation, and vaccine 
13.22 	contraindications and precautions.
13.23 		Subd. 3.Coordination of care. After a dentist qualified under subdivision 2 has 
13.24 	administered an influenza vaccine to a patient, the dentist shall report the administration of 
13.25 	the immunization to the Minnesota Immunization Information Connection or otherwise 
13.26 	notify the patient's primary physician or clinic of the administration of the immunization.

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

13.29 	Sec. 3. [151.71] MAXIMUM ALLOWABLE COST PRICING.
13.30 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
13.31 	have the meanings given.
13.32 	(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision 
13.33 	4.
14.1 	(c) "Pharmacy benefit manager" means an entity doing business in this state that 
14.2 	contracts to administer or manage prescription drug benefits on behalf of any health plan 
14.3 	company that provides prescription drug benefits to residents of this state.
14.4 		Subd. 2.Pharmacy benefit manager contracts with pharmacies; maximum 
14.5 	allowable cost pricing. (a) In each contract between a pharmacy benefit manager and 
14.6 	a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit 
14.7 	manager a current list of the sources used to determine maximum allowable cost pricing. 
14.8 	The pharmacy benefit manager shall update the pricing information at least every seven 
14.9 	business days and provide a means by which contracted pharmacies may promptly review 
14.10 	current prices in an electronic, print, or telephonic format within one business day at no 
14.11 	cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate 
14.12 	products from the list of drugs subject to maximum allowable cost pricing in a timely 
14.13 	manner in order to remain consistent with changes in the marketplace.
14.14 	(b) In order to place a prescription drug on a maximum allowable cost list, a 
14.15 	pharmacy benefit manager shall ensure that the drug is generally available for purchase by 
14.16 	pharmacies in this state from a national or regional wholesaler and is not obsolete.
14.17 	(c) Each contract between a pharmacy benefit manager and a pharmacy must include 
14.18 	a process to appeal, investigate, and resolve disputes regarding maximum allowable cost 
14.19 	pricing that includes:
14.20 	(1) a 15 business day limit on the right to appeal following the initial claim;
14.21 	(2) a requirement that the appeal be investigated and resolved within seven business 
14.22 	days after the appeal; and
14.23 	(3) a requirement that a pharmacy benefit manager provide a reason for any appeal 
14.24 	denial and identify the national drug code of a drug that may be purchased by the 
14.25 	pharmacy at a price at or below the maximum allowable cost price as determined by 
14.26 	the pharmacy benefit manager.
14.27 	(d) If the appeal is upheld, the pharmacy benefit manager shall make an adjustment 
14.28 	to the maximum allowable cost price no later than one business day after the date of 
14.29 	determination. The pharmacy benefit manager shall make the price adjustment applicable 
14.30 	to all similarly situated network pharmacy providers as defined by the plan sponsor.

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

14.32 	Sec. 4. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM 
14.33 	DATABASE.
 14.34 	The Board of Pharmacy, in collaboration with the Prescription Monitoring Program 
14.35 	Advisory Task Force, shall report to the chairs and ranking minority members of the house 
15.1 	of representatives and senate committees and divisions with jurisdiction over health and 
15.2 	human services policy and finance, by December 15, 2014, with:
15.3 	(1) recommendations on whether or not to require the use of the prescription 
15.4 	monitoring program database by prescribers when prescribing or considering prescribing, 
15.5 	and pharmacists when dispensing or considering dispensing, a controlled substance as 
15.6 	defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
15.7 	(2) an analysis of the impact of the prescription monitoring program on rates of 
15.8 	chemical abuse and prescription drug abuse; and
15.9 	(3) recommendations on approaches to encourage access to appropriate treatment 
15.10 	for prescription drug abuse, through the prescription monitoring program.

15.11 	ARTICLE 3
15.12 	CHEMICAL AND MENTAL HEALTH SERVICES

15.13 	Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to 
15.14 	read:
15.15 		Subd. 6a.Adult foster care homes serving people with mental illness; 
15.16 	certification. (a) The commissioner of human services shall issue a mental health 
15.17 	certification for adult foster care homes licensed under this chapter and Minnesota Rules, 
15.18 	parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental 
15.19 	illness where the home is not the primary residence of the license holder when a provider 
15.20 	is determined to have met the requirements under paragraph (b). This certification is 
15.21 	voluntary for license holders. The certification shall be printed on the license, and 
15.22 	identified on the commissioner's public Web site.
15.23 	(b) The requirements for certification are:
15.24 	(1) all staff working in the adult foster care home have received at least seven hours 
15.25 	of annual training under paragraph (c) covering all of the following topics:
15.26 	(i) mental health diagnoses;
15.27 	(ii) mental health crisis response and de-escalation techniques;
15.28 	(iii) recovery from mental illness;
15.29 	(iv) treatment options including evidence-based practices;
15.30 	(v) medications and their side effects;
15.31 	(vi)  suicide intervention, identifying suicide warning signs, and appropriate 
15.32 	responses;
15.33 	(vii) co-occurring substance abuse and health conditions; and
15.34 	(vii) (viii) community resources;
16.1 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or 
16.2 	a mental health practitioner as defined in section 245.462, subdivision 17, are available 
16.3 	for consultation and assistance;
16.4 	(3) there is a plan and protocol in place to address a mental health crisis; and
16.5 	(4) there is a crisis plan for each individual's Individual Placement Agreement
16.6 	 individual that identifies who is providing clinical services and their contact information, 
16.7 	and includes an individual crisis prevention and management plan developed with the 
16.8 	individual.
16.9 	(c) The training curriculum must be approved by the commissioner of human 
16.10 	services and must include a testing component after training is completed. Training must 
16.11 	be provided by a mental health professional or a mental health practitioner. Training may 
16.12 	also be provided by an individual living with a mental illness or a family member of such 
16.13 	an individual, who is from a nonprofit organization with a history of providing educational 
16.14 	classes on mental illnesses approved by the Department of Human Services to deliver 
16.15 	mental health training. Staff must receive three hours of training in the areas specified in 
16.16 	paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The 
16.17 	remaining hours of mandatory training, including a review of the information in paragraph 
16.18 	(b), clause (1), item (ii), must be completed within six months of the hire date. For 
16.19 	programs licensed under chapter 245D, training under this chapter may be incorporated 
16.20 	into the 30 hours of staff orientation training required under section 245D.09, subdivision 4.
16.21 	(c)(d) License holders seeking certification under this subdivision must request 
16.22 	this certification on forms provided by the commissioner and must submit the request to 
16.23 	the county licensing agency in which the home is located. The county licensing agency 
16.24 	must forward the request to the commissioner with a county recommendation regarding 
16.25 	whether the commissioner should issue the certification.
16.26 	(d)(e) Ongoing compliance with the certification requirements under paragraph (b) 
16.27 	shall be reviewed by the county licensing agency at each licensing review. When a county 
16.28 	licensing agency determines that the requirements of paragraph (b) are not met, the county 
16.29 	shall inform the commissioner, and the commissioner will remove the certification.
16.30 	(e)(f) A denial of the certification or the removal of the certification based on a 
16.31 	determination that the requirements under paragraph (b) have not been met by the adult 
16.32 	foster care license holder are not subject to appeal. A license holder that has been denied a 
16.33 	certification or that has had a certification removed may again request certification when 
16.34 	the license holder is in compliance with the requirements of paragraph (b).

17.1 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
17.2 	245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
17.3 	(a) The commissioner of human services shall issue a mental health certification 
17.4 	for services licensed under this chapter when a license holder is determined to have met 
17.5 	the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification 
17.6 	is voluntary for license holders. The certification shall be printed on the license and 
17.7 	identified on the commissioner's public Web site.
17.8 	(b) The requirements for certification are:
17.9 	(1) all staff have received at least seven hours of annual training covering all of 
17.10 	the following topics:
17.11 	(i) mental health diagnoses;
17.12 	(ii) mental health crisis response and de-escalation techniques;
17.13 	(iii) recovery from mental illness;
17.14 	(iv) treatment options, including evidence-based practices;
17.15 	(v) medications and their side effects;
17.16 	(vi) co-occurring substance abuse and health conditions; and
17.17 	(vii) community resources;
17.18 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or a 
17.19 	mental health practitioner as defined in section 245.462, subdivision 17, is available 
17.20 	for consultation and assistance;
17.21 	(3) there is a plan and protocol in place to address a mental health crisis; and
17.22 	(4) each person's individual service and support plan identifies who is providing 
17.23 	clinical services and their contact information, and includes an individual crisis prevention 
17.24 	and management plan developed with the person.
17.25 	(c) License holders seeking certification under this section must request this 
17.26 	certification on forms and in the manner prescribed by the commissioner.
17.27 	(d) (c) If the commissioner finds that the license holder has failed to comply with 
17.28 	the certification requirements under section 245A.03, subdivision 6a, paragraph (b), 
17.29 	the commissioner may issue a correction order and an order of conditional license in 
17.30 	accordance with section 245A.06 or may issue a sanction in accordance with section 
17.31 	245A.07, including and up to removal of the certification.
17.32 	(e) (d) A denial of the certification or the removal of the certification based on a 
17.33 	determination that the requirements under section 245A.03, subdivision 6a, paragraph 
17.34 	(b) have not been met is not subject to appeal. A license holder that has been denied a 
17.35 	certification or that has had a certification removed may again request certification when 
18.1 	the license holder is in compliance with the requirements of section 245A.03, subdivision 
18.2 	6a, paragraph (b).

18.3 	Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
18.4 		Subd. 2.Administration without judicial review. Neuroleptic medications may be 
18.5 	administered without judicial review in the following circumstances:
18.6 	(1) the patient has the capacity to make an informed decision under subdivision 4;
18.7 	(2) the patient does not have the present capacity to consent to the administration 
18.8 	of neuroleptic medication, but prepared a health care directive under chapter 145C or a 
18.9 	declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an 
18.10 	agent or proxy to request treatment, and the agent or proxy has requested the treatment;
18.11 	(3) the patient has been prescribed neuroleptic medication but lacks the capacity 
18.12 	to consent to the administration of that neuroleptic medication upon admission to the 
18.13 	treatment facility; continued administration of the medication is in the patient's best 
18.14 	interest; and the patient does not refuse administration of the medication. In this situation, 
18.15 	the previously prescribed neuroleptic medication may be continued for up to 14 days 
18.16 	while the treating physician:
18.17 	(i) is obtaining a substitute decision-maker appointed by the court under subdivision 
18.18 	6; or
18.19 	(ii) is requesting an amendment to a current court order authorizing administration 
18.20 	of neuroleptic medication;
18.21 	(4) a substitute decision-maker appointed by the court consents to the administration 
18.22 	of the neuroleptic medication and the patient does not refuse administration of the 
18.23 	medication; or
18.24 	(4) (5) the substitute decision-maker does not consent or the patient is refusing 
18.25 	medication, and the patient is in an emergency situation.

18.26 	Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 
18.27 	amended to read:
18.28 		Subd. 2.Membership terms, compensation, removal and expiration. The 
18.29 	membership of this council shall be composed of 17 persons who are American Indians 
18.30 	and who are appointed by the commissioner. The commissioner shall appoint one 
18.31 	representative from each of the following groups: Red Lake Band of Chippewa Indians; 
18.32 	Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 
18.33 	Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 
18.34 	Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
19.1 	Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 
19.2 	Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 
19.3 	Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 
19.4 	and two representatives from the Minneapolis Urban Indian Community and two from the 
19.5 	St. Paul Urban Indian Community. The terms, compensation, and removal of American 
19.6 	Indian Advisory Council members shall be as provided in section 15.059. The council 
19.7 	expires June 30, 2014 2018.

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

19.9 	Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
19.10 	254A.04 CITIZENS ADVISORY COUNCIL.
19.11 	There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 
19.12 	advise the Department of Human Services concerning the problems of alcohol and 
19.13 	other drug dependency and abuse, composed of ten members. Five members shall be 
19.14 	individuals whose interests or training are in the field of alcohol dependency and abuse; 
19.15 	and five members whose interests or training are in the field of dependency and abuse of 
19.16 	drugs other than alcohol. The terms, compensation and removal of members shall be as 
19.17 	provided in section 15.059. The council expires June 30, 2014 2018. The commissioner 
19.18 	of human services shall appoint members whose terms end in even-numbered years. The 
19.19 	commissioner of health shall appoint members whose terms end in odd-numbered years.

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

19.21 	Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision 
19.22 	to read:
19.23 		Subd. 8.Culturally specific program. (a) "Culturally specific program" means a 
19.24 	substance use disorder treatment service program that is recovery-focused and culturally 
19.25 	specific when the program:
19.26 	(1) improves service quality to and outcomes of a specific population by advancing 
19.27 	health equity to help eliminate health disparities; and
19.28 	(2) ensures effective, equitable, comprehensive, and respectful quality care services 
19.29 	that are responsive to an individual within a specific population's values, beliefs and 
19.30 	practices, health literacy, preferred language, and other communication needs.
19.31 	(b) A tribally licensed substance use disorder program that is designated as serving 
19.32 	a culturally specific population by the applicable tribal government is deemed to satisfy 
19.33 	this subdivision.

20.1 	Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
20.2 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for 
20.3 	chemical dependency services and service enhancements funded under this chapter.
20.4 	(b) Eligible chemical dependency treatment services include:
20.5 	(1) outpatient treatment services that are licensed according to Minnesota Rules, 
20.6 	parts 9530.6405 to 9530.6480, or applicable tribal license;
20.7 	(2) medication-assisted therapy services that are licensed according to Minnesota 
20.8 	Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
20.9 	(3) medication-assisted therapy plus enhanced treatment services that meet the 
20.10 	requirements of clause (2) and provide nine hours of clinical services each week;
20.11 	(4) high, medium, and low intensity residential treatment services that are licensed 
20.12 	according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 
20.13 	tribal license which provide, respectively, 30, 15, and five hours of clinical services each 
20.14 	week;
20.15 	(5) hospital-based treatment services that are licensed according to Minnesota Rules, 
20.16 	parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 
20.17 	sections 144.50 to 144.56;
20.18 	(6) adolescent treatment programs that are licensed as outpatient treatment programs 
20.19 	according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 
20.20 	programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
20.21 	(7) room and board facilities that meet the requirements of section 254B.05, 
20.22 	subdivision 1a.
20.23 	(c) The commissioner shall establish higher rates for programs that meet the 
20.24 	requirements of paragraph (b) and the following additional requirements:
20.25 	(1) programs that serve parents with their children if the program meets the 
20.26 	additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child 
20.27 	care that meets the requirements of section 245A.03, subdivision 2, during hours of 
20.28 	treatment activity;
20.29 	(2) culturally specific programs serving special populations as defined in section 
20.30 	254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part 
20.31 	9530.6605, subpart 13;
20.32 	(3) programs that offer medical services delivered by appropriately credentialed 
20.33 	health care staff in an amount equal to two hours per client per week; and
20.34 	(4) programs that offer services to individuals with co-occurring mental health and 
20.35 	chemical dependency problems if:
21.1 	(i) the program meets the co-occurring requirements in Minnesota Rules, part 
21.2 	9530.6495;
21.3 	(ii) 25 percent of the counseling staff are mental health professionals, as defined in 
21.4 	section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 
21.5 	under the supervision of a licensed alcohol and drug counselor supervisor and licensed 
21.6 	mental health professional, except that no more than 50 percent of the mental health staff 
21.7 	may be students or licensing candidates;
21.8 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
21.9 	health diagnostic assessment within ten days of admission;
21.10 	(iv) the program has standards for multidisciplinary case review that include a 
21.11 	monthly review for each client;
21.12 	(v) family education is offered that addresses mental health and substance abuse 
21.13 	disorders and the interaction between the two; and
21.14 	(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 
21.15 	training annually.
21.16 	(d) Adolescent residential programs that meet the requirements of Minnesota Rules, 
21.17 	parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause 
21.18 	(4), items (i) to (iv).

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

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

21.24 	Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
21.25 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services 
21.26 	agency shall establish a juvenile treatment screening team to conduct screenings and 
21.27 	prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision 
21.28 	3. Screenings shall be conducted within 15 days of a request for a screening, unless 
21.29 	the screening is for the purpose of placement in mental health residential treatment 
21.30 	and the child is enrolled in a prepaid health program under section 256B.69 in which 
21.31 	case the screening shall be conducted within ten working days of a request. The team, 
21.32 	which may be the team constituted under section 245.4885 or 256B.092 or Minnesota 
21.33 	Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice 
21.34 	professionals, persons with expertise in the treatment of juveniles who are emotionally 
22.1 	disabled, chemically dependent, or have a developmental disability, and the child's parent, 
22.2 	guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201, 
22.3 	subdivision 11, or section 260C.515, subdivision 4. The team may be the same team as 
22.4 	defined in section 260B.157, subdivision 3.
22.5 	(b) The social services agency shall determine whether a child brought to its 
22.6 	attention for the purposes described in this section is an Indian child, as defined in section 
22.7 	260C.007, subdivision 21, and shall determine the identity of the Indian child's tribe, as 
22.8 	defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 
22.9 	the team provided in paragraph (a) shall include a designated representative of the Indian 
22.10 	child's tribe, unless the child's tribal authority declines to appoint a representative. The 
22.11 	Indian child's tribe may delegate its authority to represent the child to any other federally 
22.12 	recognized Indian tribe, as defined in section 260.755, subdivision 12.
22.13 	(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
22.14 	(1) for the primary purpose of treatment for an emotional disturbance, a 
22.15 	developmental disability, or chemical dependency in a residential treatment facility out 
22.16 	of state or in one which is within the state and licensed by the commissioner of human 
22.17 	services under chapter 245A; or
22.18 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
22.19 	postdispositional placement in a facility licensed by the commissioner of corrections or 
22.20 	human services, the court shall ascertain whether the child is an Indian child and shall 
22.21 	notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 
22.22 	child's tribe. The county's juvenile treatment screening team must either: (i) screen and 
22.23 	evaluate the child and file its recommendations with the court within 14 days of receipt 
22.24 	of the notice; or (ii) elect not to screen a given case and notify the court of that decision 
22.25 	within three working days.
22.26 	(d) The child may not be placed for the primary purpose of treatment for an 
22.27 	emotional disturbance, a developmental disability, or chemical dependency, in a residential 
22.28 	treatment facility out of state nor in a residential treatment facility within the state that is 
22.29 	licensed under chapter 245A, unless one of the following conditions applies:
22.30 	(1) a treatment professional certifies that an emergency requires the placement 
22.31 	of the child in a facility within the state;
22.32 	(2) the screening team has evaluated the child and recommended that a residential 
22.33 	placement is necessary to meet the child's treatment needs and the safety needs of the 
22.34 	community, that it is a cost-effective means of meeting the treatment needs, and that it 
22.35 	will be of therapeutic value to the child; or
23.1 	(3) the court, having reviewed a screening team recommendation against placement, 
23.2 	determines to the contrary that a residential placement is necessary. The court shall state 
23.3 	the reasons for its determination in writing, on the record, and shall respond specifically 
23.4 	to the findings and recommendation of the screening team in explaining why the 
23.5 	recommendation was rejected. The attorney representing the child and the prosecuting 
23.6 	attorney shall be afforded an opportunity to be heard on the matter.
23.7 	(e) When the county's juvenile treatment screening team has elected to screen and 
23.8 	evaluate a child determined to be an Indian child, the team shall provide notice to the 
23.9 	tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 
23.10 	member of the tribe or as a person eligible for membership in the tribe, and permit the 
23.11 	tribe's representative to participate in the screening team.
23.12 	(f) When the Indian child's tribe or tribal health care services provider or Indian 
23.13 	Health Services provider proposes to place a child for the primary purpose of treatment 
23.14 	for an emotional disturbance, a developmental disability, or co-occurring emotional 
23.15 	disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 
23.16 	the child's tribe shall submit necessary documentation to the county juvenile treatment 
23.17 	screening team, which must invite the Indian child's tribe to designate a representative to 
23.18 	the screening team.

23.19 	Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO 
23.20 	COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS 
23.21 	COMMITTED TO COMMISSIONER.
 23.22 	The commissioner of human services may create a pilot program that is designed to 
23.23 	respond to issues that were raised in the February 2013 Office of the Legislative Auditor 
23.24 	report on state-operated services. The pilot program may include no more than three 
23.25 	counties to test the efficacy of providing notice and information to the commissioner prior 
23.26 	to or when a petition is filed to commit a patient exclusively to the commissioner. The 
23.27 	commissioner shall provide a status update to the chairs and ranking minority members of 
23.28 	the legislative committees with jurisdiction over civil commitment and human services 
23.29 	issues, no later than January 15, 2015.

23.30 	ARTICLE 4
23.31 	HEALTH-RELATED LICENSING BOARDS

23.32 	Section 1. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
23.33 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10:
24.1 	(1) "chiropractic" is defined as the science of adjusting any abnormal articulations 
24.2 	of the human body, especially those of the spinal column, for the purpose of giving 
24.3 	freedom of action to impinged nerves that may cause pain or deranged function; and
24.4 	 means the health care discipline that recognizes the innate recuperative power of the body 
24.5 	to heal itself without the use of drugs or surgery by identifying and caring for vertebral 
24.6 	subluxations and other abnormal articulations by emphasizing the relationship between 
24.7 	structure and function as coordinated by the nervous system and how that relationship 
24.8 	affects the preservation and restoration of health;
24.9 	(2) "chiropractic services" means the evaluation and facilitation of structural, 
24.10 	biomechanical, and neurological function and integrity through the use of adjustment, 
24.11 	manipulation, mobilization, or other procedures accomplished by manual or mechanical 
24.12 	forces applied to bones or joints and their related soft tissues for correction of vertebral 
24.13 	subluxation, other abnormal articulations, neurological disturbances, structural alterations, 
24.14 	or biomechanical alterations, and includes, but is not limited to, manual therapy and 
24.15 	mechanical therapy as defined in section 146.23;
24.16 	(3) "abnormal articulation" means the condition of opposing bony joint surfaces and 
24.17 	their related soft tissues that do not function normally, including subluxation, fixation, 
24.18 	adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or 
24.19 	disturbances within the nervous system, results in postural alteration, inhibits motion, 
24.20 	allows excessive motion, alters direction of motion, or results in loss of axial loading 
24.21 	efficiency, or a combination of these;
24.22 	(4) "diagnosis" means the physical, clinical, and laboratory examination of the 
24.23 	patient, and the use of diagnostic services for diagnostic purposes within the scope of the 
24.24 	practice of  chiropractic described in sections 148.01 to 148.10;
24.25 	(5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic 
24.26 	measures, including diagnostic imaging  that may be necessary to determine the presence 
24.27 	or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for 
24.28 	evaluation of a health concern, diagnosis, differential diagnosis, treatment, further 
24.29 	examination, or referral;
24.30 	(6) "therapeutic services" means rehabilitative therapy as defined in Minnesota 
24.31 	Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive 
24.32 	sciences and procedures for which the licensee was subject to examination under section 
24.33 	148.06. When provided, therapeutic services must be performed within a practice 
24.34 	where the primary focus is the provision of chiropractic services, to prepare the patient 
24.35 	for chiropractic services, or to complement the provision of chiropractic services. The 
25.1 	administration of therapeutic services is the responsibility of the treating chiropractor and 
25.2 	must be rendered under the direct supervision of qualified staff;
25.3 	(7) "acupuncture" means a modality of treating abnormal physical conditions 
25.4 	by stimulating various points of the body or interruption of the cutaneous integrity 
25.5 	by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as 
25.6 	utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an 
25.7 	independent therapy or separately from chiropractic services. Acupuncture is permitted 
25.8 	under section 148.01 only after registration with the board which requires completion 
25.9 	of a board-approved course of study and successful completion of a board-approved 
25.10 	national examination on acupuncture. Renewal of registration shall require completion of 
25.11 	board-approved continuing education requirements in acupuncture. The restrictions of 
25.12 	section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture 
25.13 	under this section; and
25.14 	(2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes 
25.15 	identifying and resolving vertebral subluxation complexes, spinal manipulation, and 
25.16 	manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 
25.17 	diagnosis and treatment does not include:
25.18 	(i) performing surgery;
25.19 	(ii) dispensing or administering of medications; or
25.20 	(iii) performing traditional veterinary care and diagnosis.

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

25.24 	Sec. 3. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision 
25.25 	to read:
25.26 		Subd. 4.Practice of chiropractic. An individual licensed to practice under section 
25.27 	148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services, 
25.28 	and to provide diagnosis and to render opinions pertaining to those services for the 
25.29 	purpose of determining a course of action in the best interests of the patient, such as a 
25.30 	treatment plan, appropriate referral, or both.

25.31 	Sec. 4. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
25.32 		Subdivision 1.Generally. Any person who practices, or attempts to practice, 
25.33 	chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," 
26.1 	"Chiropractor," "DC," or any other title or letters under any circumstances as to lead 
26.2 	the public to believe that the person who so uses the terms is engaged in the practice of 
26.3 	chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is 
26.4 	guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more 
26.5 	than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than 
26.6 	six months or punished by both fine and imprisonment, in the discretion of the court. It is 
26.7 	the duty of the county attorney of the county in which the person practices to prosecute. 
26.8 	Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
26.9 	(1) licensed by a health-related licensing board, as defined in section 214.01, 
26.10 	subdivision 2, including psychological practitioners with respect to the use of hypnosis;
26.11 	(2) registered or licensed by the commissioner of health under section 214.13; or
26.12 	(3) engaged in other methods of healing regulated by law in the state of Minnesota;
26.13 	provided that the person confines activities within the scope of the license or other 
26.14 	regulation and does not practice or attempt to practice chiropractic.

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

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

26.22 	Sec. 6. Minnesota Statutes 2012, section 148.6404, is amended to read:
26.23 	148.6404 SCOPE OF PRACTICE.
26.24 	The practice of occupational therapy by an occupational therapist or occupational 
26.25 	therapy assistant includes, but is not limited to, intervention directed toward:
26.26 	(1) assessment and evaluation, including the use of skilled observation or 
26.27 	the administration and interpretation of standardized or nonstandardized tests and 
26.28 	measurements, to identify areas for occupational therapy services;
26.29 	(2) providing for the development of sensory integrative, neuromuscular, or motor 
26.30 	components of performance;
26.31 	(3) providing for the development of emotional, motivational, cognitive, or 
26.32 	psychosocial components of performance;
26.33 	(4) developing daily living skills;
27.1 	(5) developing feeding and swallowing skills;
27.2 	(6) developing play skills and leisure capacities;
27.3 	(7) enhancing educational performance skills;
27.4 	(8) enhancing functional performance and work readiness through exercise, range of 
27.5 	motion, and use of ergonomic principles;
27.6 	(9) designing, fabricating, or applying rehabilitative technology, such as selected 
27.7 	orthotic and prosthetic devices, and providing training in the functional use of these devices;
27.8 	(10) designing, fabricating, or adapting assistive technology and providing training 
27.9 	in the functional use of assistive devices;
27.10 	(11) adapting environments using assistive technology such as environmental 
27.11 	controls, wheelchair modifications, and positioning;
27.12 	(12) employing physical agent modalities, in preparation for or as an adjunct to 
27.13 	purposeful activity, within the same treatment session or to meet established functional 
27.14 	occupational therapy goals, consistent with the requirements of section 148.6440; and
27.15 	(13) promoting health and wellness.

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

27.17 	Sec. 7. Minnesota Statutes 2012, section 148.6430, is amended to read:
27.18 	148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
27.19 	The occupational therapist is responsible for all duties delegated to the occupational 
27.20 	therapy assistant or tasks assigned to direct service personnel. The occupational therapist 
27.21 	may delegate to an occupational therapy assistant those portions of a client's evaluation, 
27.22 	reevaluation, and treatment that, according to prevailing practice standards of the 
27.23 	American Occupational Therapy Association, can be performed by an occupational 
27.24 	therapy assistant. The occupational therapist may not delegate portions of an evaluation or 
27.25 	reevaluation of a person whose condition is changing rapidly. Delegation of duties related 
27.26 	to use of physical agent modalities to occupational therapy assistants is governed by 
27.27 	section 148.6440, subdivision 6.

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

27.29 	Sec. 8. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
27.30 		Subdivision 1.Applicability. If the professional standards identified in section 
27.31 	148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or 
27.32 	treatment procedure, the occupational therapist must provide supervision consistent 
28.1 	with this section. Supervision of occupational therapy assistants using physical agent 
28.2 	modalities is governed by section 148.6440, subdivision 6.

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

28.4 	Sec. 9. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
28.5 		Subd. 3.Approved education program. "Approved education program" means 
28.6 	a university, college, or other postsecondary education program of athletic training 
28.7 	that, at the time the student completes the program, is approved or accredited by the 
28.8 	National Athletic Trainers Association Professional Education Committee, the National 
28.9 	Athletic Trainers Association Board of Certification, or the Joint Review Committee on 
28.10 	Educational Programs in Athletic Training in collaboration with the American Academy 
28.11 	of Family Physicians, the American Academy of Pediatrics, the American Medical 
28.12 	Association, and the National Athletic Trainers Association a nationally recognized 
28.13 	accreditation agency for athletic training education programs approved by the board.

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

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

28.28 	Sec. 12. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
28.29 		Subdivision 1.Creation; Membership. The Athletic Trainers Advisory Council 
28.30 	is created and is composed of eight members appointed by the board. The advisory 
28.31 	council consists of:
28.32 	(1) two public members as defined in section 214.02;
29.1 	(2) three members who, except for initial appointees, are registered athletic trainers, 
29.2 	one being both a licensed physical therapist and registered athletic trainer as submitted by 
29.3 	the Minnesota American Physical Therapy Association;
29.4 	(3) two members who are medical physicians licensed by the state and have 
29.5 	experience with athletic training and sports medicine; and
29.6 	(4) one member who is a doctor of chiropractic licensed by the state and has 
29.7 	experience with athletic training and sports injuries.

29.8 	Sec. 13. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
29.9 		Subdivision 1.Registration. The board may issue a certificate of registration as an 
29.10 	athletic trainer to applicants who meet the requirements under this section. An applicant 
29.11 	for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 
29.12 	written application on a form, provided by the board, that includes:
29.13 	(1) the applicant's name, Social Security number, home address and telephone 
29.14 	number, business address and telephone number, and business setting;
29.15 	(2) evidence satisfactory to the board of the successful completion of an education 
29.16 	program approved by the board;
29.17 	(3) educational background;
29.18 	(4) proof of a baccalaureate or master's degree from an accredited college or 
29.19 	university;
29.20 	(5) credentials held in other jurisdictions;
29.21 	(6) a description of any other jurisdiction's refusal to credential the applicant;
29.22 	(7) a description of all professional disciplinary actions initiated against the applicant 
29.23 	in any other jurisdiction;
29.24 	(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
29.25 	(9) evidence satisfactory to the board of a qualifying score on a credentialing 
29.26 	examination within one year of the application for registration;
29.27 	(10) additional information as requested by the board;
29.28 	(11) the applicant's signature on a statement that the information in the application is 
29.29 	true and correct to the best of the applicant's knowledge and belief; and
29.30 	(12) the applicant's signature on a waiver authorizing the board to obtain access to 
29.31 	the applicant's records in this state or any other state in which the applicant has completed 
29.32 	an education program approved by the board or engaged in the practice of athletic training.

29.33 	Sec. 14. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
30.1 		Subd. 4.Temporary registration. (a) The board may issue a temporary registration 
30.2 	as an athletic trainer to qualified applicants. A temporary registration is issued for 
30.3 	one year 120 days. An athletic trainer with a temporary registration may qualify for 
30.4 	full registration after submission of verified documentation that the athletic trainer has 
30.5 	achieved a qualifying score on a credentialing examination within one year 120 days after 
30.6 	the date of the temporary registration. A temporary registration may not be renewed.
30.7 	(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for 
30.8 	a temporary registration must submit the application materials and fees for registration 
30.9 	required under subdivision 1, clauses (1) to (8) and (10) to (12).
30.10 	(c) An athletic trainer with a temporary registration shall work only under the 
30.11 	direct supervision of an athletic trainer registered under this section. No more than four
30.12 	 two athletic trainers with temporary registrations shall work under the direction of a 
30.13 	registered athletic trainer.

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

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

30.22 	Sec. 17. Minnesota Statutes 2012, section 148.7814, is amended to read:
30.23 	148.7814 APPLICABILITY.
30.24 	Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 
30.25 	trainers by the National Athletic Trainers Association Board of Certification or the board's 
30.26 	recognized successor and come into Minnesota for a specific athletic event or series of 
30.27 	athletic events with an individual or group.

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

31.3 	Sec. 19. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
31.4 		Subd. 2.Supervision. (a) To qualify as a LPCC, an applicant must have completed 
31.5 	4,000 hours of post-master's degree supervised professional practice in the delivery 
31.6 	of clinical services in the diagnosis and treatment of mental illnesses and disorders in 
31.7 	both children and adults. The supervised practice shall be conducted according to the 
31.8 	requirements in paragraphs (b) to (e).
31.9 	(b) The supervision must have been received under a contract that defines clinical 
31.10 	practice and supervision from a mental health professional as defined in section 245.462, 
31.11 	subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a 
31.12 	board-approved supervisor, who has at least two years of postlicensure experience in the 
31.13 	delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
31.14 	 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
31.15 	(c) The supervision must be obtained at the rate of two hours of supervision per 40 
31.16 	hours of professional practice. The supervision must be evenly distributed over the course 
31.17 	of the supervised professional practice. At least 75 percent of the required supervision 
31.18 	hours must be received in person. The remaining 25 percent of the required hours may be 
31.19 	received by telephone or by audio or audiovisual electronic device. At least 50 percent of 
31.20 	the required hours of supervision must be received on an individual basis. The remaining 
31.21 	50 percent may be received in a group setting.
31.22 	(d) The supervised practice must include at least 1,800 hours of clinical client contact.
31.23 	(e) The supervised practice must be clinical practice. Supervision includes the 
31.24 	observation by the supervisor of the successful application of professional counseling 
31.25 	knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 
31.26 	function, disability, or impairment, including addictions and emotional, mental, and 
31.27 	behavioral disorders.

31.28 	Sec. 20. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
31.29 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
31.30 	2014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed 
31.31 	professional counselor may convert to a LPCC by providing evidence satisfactory to the 
31.32 	board that the applicant has met the requirements of subdivisions 1 and 2, subject to 
31.33 	the following:
31.34 	(1) the individual's license must be active and in good standing;
32.1 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
32.2 	orders, or corrective action agreements; and
32.3 	(3) the individual has paid the LPCC application and licensure fees required in 
32.4 	section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed 
32.5 	in the state of Minnesota as a licensed professional counselor may convert to a LPCC by 
32.6 	providing evidence satisfactory to the board that the applicant has met the following 
32.7 	requirements:
32.8 	(1) is at least 18 years of age;
32.9 	(2) is of good moral character;
32.10 	(3) has a license that is active and in good standing;
32.11 	(4) has no complaints pending, uncompleted disciplinary order, or corrective action 
32.12 	agreements;
32.13 	(5) has completed a master's or doctoral degree program in counseling or a related 
32.14 	field, as determined by the board, and whose degree was from a counseling program 
32.15 	recognized by CACREP or from an institution of higher education that is accredited by a 
32.16 	regional accrediting organization recognized by CHEA;
32.17 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
32.18 	clinical coursework which includes content in the following clinical areas:
32.19 	(i) diagnostic assessment for child or adult mental disorders; normative development; 
32.20 	and psychopathology, including developmental psychopathology;
32.21 	(ii) clinical treatment planning with measurable goals;
32.22 	(iii) clinical intervention methods informed by research evidence and community 
32.23 	standards of practice;
32.24 	(iv) evaluation methodologies regarding the effectiveness of interventions;
32.25 	(v) professional ethics applied to clinical practice; and
32.26 	(vi) cultural diversity;
32.27 	(7) has demonstrated competence in professional counseling by passing the National 
32.28 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
32.29 	National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational 
32.30 	examinations as prescribed by the board;
32.31 	(8) has demonstrated, to the satisfaction of the board, successful completion of 4,000 
32.32 	hours of supervised, post-master's degree professional practice in the delivery of clinical 
32.33 	services in the diagnosis and treatment of child and adult mental illnesses and disorders, 
32.34 	which includes 1,800 direct client contact hours. A licensed professional counselor 
32.35 	who has completed 2,000 hours of supervised post-master's degree clinical professional 
32.36 	practice and who has independent practice status need only document 2,000 additional 
33.1 	hours of supervised post-master's degree clinical professional practice, which includes 900 
33.2 	direct client contact hours; and
33.3 	(9) has paid the LPCC application and licensure fees required in section 148B.53, 
33.4 	subdivision 3.
33.5 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
33.6 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
33.7 	for credit, and must be earned from a counseling program or institution that meets the 
33.8 	requirements in paragraph (a), clause (5).

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

33.14 	Sec. 22. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
33.15 		Subdivision 1.Dentists. A person of good moral character who has graduated from 
33.16 	a dental program accredited by the Commission on Dental Accreditation of the American 
33.17 	Dental Association, having submitted an application and fee as prescribed by the board, 
33.18 	may be examined by the board or by an agency pursuant to section 150A.03, subdivision 
33.19 	1, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental 
33.20 	college in another country must not be disqualified from examination solely because of 
33.21 	the applicant's foreign training if the board determines that the training is equivalent to or 
33.22 	higher than that provided by a dental college accredited by the Commission on Dental 
33.23 	Accreditation of the American Dental Association. In the case of examinations conducted 
33.24 	pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to 
33.25 	applying to the board for licensure. The examination shall include an examination of the 
33.26 	applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the 
33.27 	board. An applicant is ineligible to retake the clinical examination required by the board 
33.28 	after failing it twice until further education and training are obtained as specified by the 
33.29 	board by rule. A separate, nonrefundable fee may be charged for each time a person applies. 
33.30 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
33.31 	professional ethical conduct requirements, and meets all other requirements of the board 
33.32 	shall be licensed to practice dentistry and granted a general dentist license by the board.

33.33 	Sec. 23. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
34.1 		Subd. 1a.Faculty dentists. (a) Faculty members of a school of dentistry must be 
34.2 	licensed in order to practice dentistry as defined in section 150A.05. The board may 
34.3 	issue to members of the faculty of a school of dentistry a license designated as either a 
34.4 	"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry 
34.5 	within the terms described in paragraph (b) or (c). The dean of a school of dentistry and 
34.6 	program directors of a Minnesota dental hygiene or dental assisting school accredited by 
34.7 	the Commission on Dental Accreditation of the American Dental Association shall certify 
34.8 	to the board those members of the school's faculty who practice dentistry but are not 
34.9 	licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as 
34.10 	defined in section 150A.05, before beginning duties in a school of dentistry or a dental 
34.11 	hygiene or dental assisting school, shall apply to the board for a limited or full faculty 
34.12 	license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, 
34.13 	a limited faculty license must be renewed annually and a full faculty license must be 
34.14 	renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board 
34.15 	for issuing and renewing the faculty license. The faculty license is valid during the time 
34.16 	the holder remains a member of the faculty of a school of dentistry or a dental hygiene or 
34.17 	dental assisting school and subjects the holder to this chapter.
34.18 	(b) The board may issue to dentist members of the faculty of a Minnesota school 
34.19 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
34.20 	Accreditation of the American Dental Association, a license designated as a limited 
34.21 	faculty license entitling the holder to practice dentistry within the school and its affiliated 
34.22 	teaching facilities, but only for the purposes of teaching or conducting research. The 
34.23 	practice of dentistry at a school facility for purposes other than teaching or research is not 
34.24 	allowed unless the dentist was a faculty member on August 1, 1993.
34.25 	(c) The board may issue to dentist members of the faculty of a Minnesota school 
34.26 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
34.27 	Accreditation of the American Dental Association a license designated as a full faculty 
34.28 	license entitling the holder to practice dentistry within the school and its affiliated teaching 
34.29 	facilities and elsewhere if the holder of the license is employed 50 percent time or more by 
34.30 	the school in the practice of teaching or research, and upon successful review by the board 
34.31 	of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. 
34.32 	The board, at its discretion, may waive specific licensing prerequisites.

34.33 	Sec. 24. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
35.1 		Subd. 1c.Specialty dentists. (a) The board may grant a one or more specialty 
35.2 	license licenses in the specialty areas of dentistry that are recognized by the American 
35.3 	Dental Association Commission on Dental Accreditation.
35.4 	(b) An applicant for a specialty license shall:
35.5 	(1) have successfully completed a postdoctoral specialty education program 
35.6 	accredited by the Commission on Dental Accreditation of the American Dental 
35.7 	Association, or have announced a limitation of practice before 1967;
35.8 	(2) have been certified by a specialty examining board approved by the Minnesota 
35.9 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
35.10 	licensure required for practice in any state or Canadian province, or in the case of oral and 
35.11 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
35.12 	(3) have been in active practice or a postdoctoral specialty education program or 
35.13 	United States government service at least 2,000 hours in the 36 months prior to applying 
35.14 	for a specialty license;
35.15 	(4) if requested by the board, be interviewed by a committee of the board, which 
35.16 	may include the assistance of specialists in the evaluation process, and satisfactorily 
35.17 	respond to questions designed to determine the applicant's knowledge of dental subjects 
35.18 	and ability to practice;
35.19 	(5) if requested by the board, present complete records on a sample of patients 
35.20 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
35.21 	during the 36 months preceding the date of application. The number of records shall be 
35.22 	established by the board. The records shall be reasonably representative of the treatment 
35.23 	typically provided by the applicant for each specialty area;
35.24 	(6) at board discretion, pass a board-approved English proficiency test if English is 
35.25 	not the applicant's primary language;
35.26 	(7) pass all components of the National Board Dental Examinations;
35.27 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
35.28 	(9) abide by professional ethical conduct requirements; and
35.29 	(10) meet all other requirements prescribed by the Board of Dentistry.
35.30 	(c) The application must include:
35.31 	(1) a completed application furnished by the board;
35.32 	(2) at least two character references from two different dentists for each specialty 
35.33 	area, one of whom must be a dentist practicing in the same specialty area, and the other
35.34 	 from the director of the each specialty program attended;
35.35 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
35.36 	condition;
36.1 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
36.2 	applicant's visual acuity;
36.3 	(5) a nonrefundable fee; and
36.4 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
36.5 	taken not more than six months before the date of application.
36.6 	(d) A specialty dentist holding a one or more specialty license licenses is limited to 
36.7 	practicing in the dentist's designated specialty area or areas. The scope of practice must be 
36.8 	defined by each national specialty board recognized by the American Dental Association
36.9 	 Commission on Dental Accreditation.
36.10 	(e) A specialty dentist holding a general dentist dental license is limited to practicing 
36.11 	in the dentist's designated specialty area or areas if the dentist has announced a limitation 
36.12 	of practice. The scope of practice must be defined by each national specialty board 
36.13 	recognized by the American Dental Association Commission on Dental Accreditation.
36.14 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
36.15 	who intend to limit their practice to a particular specialty area or areas may apply for 
36.16 	a one or more  specialty license licenses.

36.17 	Sec. 25. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
36.18 		Subd. 1d.Dental therapists. A person of good moral character who has graduated 
36.19 	with a baccalaureate degree or a master's degree from a dental therapy education program 
36.20 	that has been approved by the board or accredited by the American Dental Association
36.21 	 Commission on Dental Accreditation or another board-approved national accreditation 
36.22 	organization may apply for licensure.
36.23 	The applicant must submit an application and fee as prescribed by the board and a 
36.24 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
36.25 	the applicant must pass a comprehensive, competency-based clinical examination that is 
36.26 	approved by the board and administered independently of an institution providing dental 
36.27 	therapy education. The applicant must also pass an examination testing the applicant's 
36.28 	knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 
36.29 	applicant who has failed the clinical examination twice is ineligible to retake the clinical 
36.30 	examination until further education and training are obtained as specified by the board. A 
36.31 	separate, nonrefundable fee may be charged for each time a person applies. An applicant 
36.32 	who passes the examination in compliance with subdivision 2b, abides by professional 
36.33 	ethical conduct requirements, and meets all the other requirements of the board shall 
36.34 	be licensed as a dental therapist.

37.1 	Sec. 26. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
37.2 		Subd. 2.Dental hygienists. A person of good moral character, who has graduated 
37.3 	from a dental hygiene program accredited by the Commission on Dental Accreditation of 
37.4 	the American Dental Association and established in an institution accredited by an agency 
37.5 	recognized by the United States Department of Education to offer college-level programs, 
37.6 	may apply for licensure. The dental hygiene program must provide a minimum of two 
37.7 	academic years of dental hygiene education. The applicant must submit an application and 
37.8 	fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being 
37.9 	licensed, the applicant must pass the National Board of Dental Hygiene examination and a 
37.10 	board approved examination designed to determine the applicant's clinical competency. In 
37.11 	the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants 
37.12 	shall take the examination before applying to the board for licensure. The applicant must 
37.13 	also pass an examination testing the applicant's knowledge of the laws of Minnesota relating 
37.14 	to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake 
37.15 	the clinical examination required by the board after failing it twice until further education 
37.16 	and training are obtained as specified by board rule. A separate, nonrefundable fee may 
37.17 	be charged for each time a person applies. An applicant who passes the examination in 
37.18 	compliance with subdivision 2b, abides by professional ethical conduct requirements, and 
37.19 	meets all the other requirements of the board shall be licensed as a dental hygienist.

37.20 	Sec. 27. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
37.21 		Subd. 2a.Licensed dental assistant. A person of good moral character, who has 
37.22 	graduated from a dental assisting program accredited by the Commission on Dental 
37.23 	Accreditation of the American Dental Association, may apply for licensure. The applicant 
37.24 	must submit an application and fee as prescribed by the board and the diploma or 
37.25 	certificate of dental assisting. In the case of examinations conducted pursuant to section 
37.26 	150A.03, subdivision 1, applicants shall take the examination before applying to the board 
37.27 	for licensure. The examination shall include an examination of the applicant's knowledge 
37.28 	of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is 
37.29 	ineligible to retake the licensure examination required by the board after failing it twice 
37.30 	until further education and training are obtained as specified by board rule. A separate, 
37.31 	nonrefundable fee may be charged for each time a person applies. An applicant who 
37.32 	passes the examination in compliance with subdivision 2b, abides by professional ethical 
37.33 	conduct requirements, and meets all the other requirements of the board shall be licensed 
37.34 	as a dental assistant.

38.1 	Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
38.2 		Subd. 2d.Continuing education and professional development waiver. (a) The 
38.3 	board shall grant a waiver to the continuing education requirements under this chapter for 
38.4 	a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental 
38.5 	assistant who documents to the satisfaction of the board that the dentist, dental therapist, 
38.6 	dental hygienist, or licensed dental assistant has retired from active practice in the state 
38.7 	and limits the provision of dental care services to those offered without compensation 
38.8 	in a public health, community, or tribal clinic or a nonprofit organization that provides 
38.9 	services to the indigent or to recipients of medical assistance, general assistance medical 
38.10 	care, or MinnesotaCare programs.
38.11 	(b) The board may require written documentation from the volunteer and retired 
38.12 	dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting 
38.13 	this waiver.
38.14 	(c) The board shall require the volunteer and retired dentist, dental therapist, dental 
38.15 	hygienist, or licensed dental assistant to meet the following requirements:
38.16 	(1) a licensee seeking a waiver under this subdivision must complete and document 
38.17 	at least five hours of approved courses in infection control, medical emergencies, and 
38.18 	medical management for the continuing education cycle; and
38.19 	(2) provide documentation of current CPR certification from completion of the 
38.20 	American Heart Association healthcare provider course, or the American Red Cross 
38.21 	professional rescuer course, or an equivalent entity.

38.22 	Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
38.23 		Subd. 3.Waiver of examination. (a) All or any part of the examination for 
38.24 	dentists or dental hygienists, except that pertaining to the law of Minnesota relating to 
38.25 	dentistry and the rules of the board, may, at the discretion of the board, be waived for an 
38.26 	applicant who presents a certificate of having passed all components of the National Board 
38.27 	Dental Examinations or evidence of having maintained an adequate scholastic standing 
38.28 	as determined by the board, in dental school as to dentists, or dental hygiene school as 
38.29 	to dental hygienists.
38.30 	(b) The board shall waive the clinical examination required for licensure for any 
38.31 	dentist applicant who is a graduate of a dental school accredited by the Commission on 
38.32 	Dental Accreditation of the American Dental Association, who has passed all components 
38.33 	of the National Board Dental Examinations, and who has satisfactorily completed a 
38.34 	Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced 
38.35 	education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral 
39.1 	program must be accredited by the Commission on Dental Accreditation of the American 
39.2 	Dental Association, be of at least one year's duration, and include an outcome assessment 
39.3 	evaluation assessing the resident's competence to practice dentistry. The board may require 
39.4 	the applicant to submit any information deemed necessary by the board to determine 
39.5 	whether the waiver is applicable. The board may waive the clinical examination for an 
39.6 	applicant who meets the requirements of this paragraph and has satisfactorily completed an 
39.7 	accredited postdoctoral general dentistry residency program located outside of Minnesota.

39.8 	Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
39.9 		Subd. 8.Licensure by credentials. (a) Any dental assistant may, upon application 
39.10 	and payment of a fee established by the board, apply for licensure based on an evaluation 
39.11 	of the applicant's education, experience, and performance record in lieu of completing a 
39.12 	board-approved dental assisting program for expanded functions as defined in rule, and 
39.13 	may be interviewed by the board to determine if the applicant:
39.14 	(1) has graduated from an accredited dental assisting program accredited by the 
39.15 	Commission of on Dental Accreditation of the American Dental Association, or is 
39.16 	currently certified by the Dental Assisting National Board;
39.17 	(2) is not subject to any pending or final disciplinary action in another state or 
39.18 	Canadian province, or if not currently certified or registered, previously had a certification 
39.19 	or registration in another state or Canadian province in good standing that was not subject 
39.20 	to any final or pending disciplinary action at the time of surrender;
39.21 	(3) is of good moral character and abides by professional ethical conduct 
39.22 	requirements;
39.23 	(4) at board discretion, has passed a board-approved English proficiency test if 
39.24 	English is not the applicant's primary language; and
39.25 	(5) has met all expanded functions curriculum equivalency requirements of a 
39.26 	Minnesota board-approved dental assisting program.
39.27 	(b) The board, at its discretion, may waive specific licensure requirements in 
39.28 	paragraph (a).
39.29 	(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 
39.30 	minimum knowledge in dental subjects required for licensure under subdivision 2a must 
39.31 	be licensed to practice the applicant's profession.
39.32 	(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 
39.33 	required for licensure under subdivision 2a, the application must be denied. If licensure is 
39.34 	denied, the board may notify the applicant of any specific remedy that the applicant could 
40.1 	take which, when passed, would qualify the applicant for licensure. A denial does not 
40.2 	prohibit the applicant from applying for licensure under subdivision 2a.
40.3 	(e) A candidate whose application has been denied may appeal the decision to the 
40.4 	board according to subdivision 4a.

40.5 	Sec. 31. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to 
40.6 	read:
40.7 		Subd. 16.Failure of professional development portfolio audit. A licensee shall 
40.8 	submit a fee as established by the board not to exceed the amount of $250 after failing two 
40.9 	consecutive professional development portfolio audits and, thereafter, for each failed (a) If 
40.10 	a licensee fails a professional development portfolio audit under Minnesota Rules, part 
40.11 	3100.5300., the board is authorized to take the following actions:
40.12 	(1) for the first failure, the board may issue a warning to the licensee;
40.13 	(2) for the second failure within ten years, the board may assess a penalty of not 
40.14 	more than $250; and
40.15 	(3) for any additional failures within the ten-year period, the board may assess a 
40.16 	penalty of not more than $1,000.
40.17 	(b) In addition to the penalty fee, the board may initiate the complaint process to 
40.18 	address multiple failed audits.

40.19 	Sec. 32. Minnesota Statutes 2012, section 150A.10, is amended to read:
40.20 	150A.10 ALLIED DENTAL PERSONNEL.
40.21 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
40.22 	public institution, or school authority may obtain services from a licensed dental hygienist. 
40.23 	The licensed dental hygienist may provide those services defined in section 150A.05, 
40.24 	subdivision 1a. The services provided shall not include the establishment of a final 
40.25 	diagnosis or treatment plan for a dental patient. All services shall be provided under 
40.26 	supervision of a licensed dentist. Any licensed dentist who shall permit any dental service 
40.27 	by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed 
40.28 	to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental 
40.29 	service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
40.30 		Subd. 1a.Limited authorization for dental hygienists. (a) Notwithstanding 
40.31 	subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 
40.32 	by a health care facility, program, or nonprofit organization to perform dental hygiene 
40.33 	services described under paragraph (b) without the patient first being examined by a 
40.34 	licensed dentist if the dental hygienist:
41.1 	(1) has been engaged in the active practice of clinical dental hygiene for not less than 
41.2 	2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 
41.3 	200 hours of clinical practice in two of the past three years;
41.4 	(2) has entered into a collaborative agreement with a licensed dentist that designates 
41.5 	authorization for the services provided by the dental hygienist;
41.6 	(3) has documented participation in courses in infection control and medical 
41.7 	emergencies within each continuing education cycle; and
41.8 	(4) maintains current CPR certification from completion of the American Heart 
41.9 	Association healthcare provider course, or the American Red Cross professional rescuer 
41.10 	course, or an equivalent entity.
41.11 	(b) The dental hygiene services authorized to be performed by a dental hygienist 
41.12 	under this subdivision are limited to:
41.13 	(1) oral health promotion and disease prevention education;
41.14 	(2) removal of deposits and stains from the surfaces of the teeth;
41.15 	(3) application of topical preventive or prophylactic agents, including fluoride 
41.16 	varnishes and pit and fissure sealants;
41.17 	(4) polishing and smoothing restorations;
41.18 	(5) removal of marginal overhangs;
41.19 	(6) performance of preliminary charting;
41.20 	(7) taking of radiographs; and
41.21 	(8) performance of scaling and root planing.
41.22 	The dental hygienist may administer injections of local anesthetic agents or nitrous 
41.23 	oxide inhalation analgesia as specifically delegated in the collaborative agreement with 
41.24 	a licensed dentist. The dentist need not first examine the patient or be present. If the 
41.25 	patient is considered medically compromised, the collaborative dentist shall review the 
41.26 	patient record, including the medical history, prior to the provision of these services. 
41.27 	Collaborating dental hygienists may work with unlicensed and licensed dental assistants 
41.28 	who may only perform duties for which licensure is not required. The performance of 
41.29 	dental hygiene services in a health care facility, program, or nonprofit organization as 
41.30 	authorized under this subdivision is limited to patients, students, and residents of the 
41.31 	facility, program, or organization.
41.32 	(c) A collaborating dentist must be licensed under this chapter and may enter into 
41.33 	a collaborative agreement with no more than four dental hygienists unless otherwise 
41.34 	authorized by the board. The board shall develop parameters and a process for obtaining 
41.35 	authorization to collaborate with more than four dental hygienists. The collaborative 
41.36 	agreement must include:
42.1 	(1) consideration for medically compromised patients and medical conditions for 
42.2 	which a dental evaluation and treatment plan must occur prior to the provision of dental 
42.3 	hygiene services;
42.4 	(2) age- and procedure-specific standard collaborative practice protocols, including 
42.5 	recommended intervals for the performance of dental hygiene services and a period of 
42.6 	time in which an examination by a dentist should occur;
42.7 	(3) copies of consent to treatment form provided to the patient by the dental hygienist;
42.8 	(4) specific protocols for the placement of pit and fissure sealants and requirements 
42.9 	for follow-up care to assure the efficacy of the sealants after application; and
42.10 	(5) a procedure for creating and maintaining dental records for the patients that are 
42.11 	treated by the dental hygienist. This procedure must specify where these records are 
42.12 	to be located.
42.13 	The collaborative agreement must be signed and maintained by the dentist, the dental 
42.14 	hygienist, and the facility, program, or organization; must be reviewed annually by the 
42.15 	collaborating dentist and dental hygienist; and must be made available to the board 
42.16 	upon request.
42.17 	(d) Before performing any services authorized under this subdivision, a dental 
42.18 	hygienist must provide the patient with a consent to treatment form which must include a 
42.19 	statement advising the patient that the dental hygiene services provided are not a substitute 
42.20 	for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 
42.21 	to the patient for further dental procedures, the dental hygienist must fill out a referral form 
42.22 	and provide a copy of the form to the collaborating dentist.
42.23 	(e) For the purposes of this subdivision, a "health care facility, program, or 
42.24 	nonprofit organization" is limited to a hospital; nursing home; home health agency; group 
42.25 	home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 
42.26 	commissioner of human services or the commissioner of corrections; and federal, state, or 
42.27 	local public health facility, community clinic, tribal clinic, school authority, Head Start 
42.28 	program, or nonprofit organization that serves individuals who are uninsured or who are 
42.29 	Minnesota health care public program recipients.
42.30 	(f) For purposes of this subdivision, a "collaborative agreement" means a written 
42.31 	agreement with a licensed dentist who authorizes and accepts responsibility for the 
42.32 	services performed by the dental hygienist. The services authorized under this subdivision 
42.33 	and the collaborative agreement may be performed without the presence of a licensed 
42.34 	dentist and may be performed at a location other than the usual place of practice of the 
42.35 	dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 
42.36 	specified in the collaborative agreement.
43.1 		Subd. 2.Dental assistants. Every licensed dentist and dental therapist who uses the 
43.2 	services of any unlicensed person for the purpose of assistance in the practice of dentistry 
43.3 	or dental therapy shall be responsible for the acts of such unlicensed person while engaged 
43.4 	in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to 
43.5 	perform only those acts which are authorized to be delegated to unlicensed assistants 
43.6 	by the Board of Dentistry. The acts shall be performed under supervision of a licensed 
43.7 	dentist or dental therapist. A licensed dental therapist shall not supervise more than four 
43.8 	registered licensed or unlicensed dental assistants at any one practice setting. The board 
43.9 	may permit differing levels of dental assistance based upon recognized educational 
43.10 	standards, approved by the board, for the training of dental assistants. The board may also 
43.11 	define by rule the scope of practice of licensed and unlicensed dental assistants. The 
43.12 	board by rule may require continuing education for differing levels of dental assistants, 
43.13 	as a condition to their license or authority to perform their authorized duties. Any 
43.14 	licensed dentist or dental therapist who permits an unlicensed assistant to perform any 
43.15 	dental service other than that authorized by the board shall be deemed to be enabling an 
43.16 	unlicensed person to practice dentistry, and commission of such an act by an unlicensed 
43.17 	assistant shall constitute a violation of sections 150A.01 to 150A.12.
43.18 		Subd. 3.Dental technicians. Every licensed dentist and dental therapist who uses 
43.19 	the services of any unlicensed person, other than under the dentist's or dental therapist's 
43.20 	supervision and within the same practice setting, for the purpose of constructing, altering, 
43.21 	repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, 
43.22 	prosthetic or other dental appliance, shall be required to furnish such unlicensed person 
43.23 	with a written work order in such form as shall be prescribed by the rules of the board. The 
43.24 	work order shall be made in duplicate form, a duplicate copy to be retained in a permanent 
43.25 	file of the dentist or dental therapist at the practice setting for a period of two years, and 
43.26 	the original to be retained in a permanent file for a period of two years by the unlicensed 
43.27 	person in that person's place of business. The permanent file of work orders to be kept 
43.28 	by the dentist, dental therapist, or unlicensed person shall be open to inspection at any 
43.29 	reasonable time by the board or its duly constituted agent.
43.30 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 
43.31 	2, a licensed dental hygienist or licensed dental assistant may perform the following 
43.32 	restorative procedures:
43.33 	(1) place, contour, and adjust amalgam restorations;
43.34 	(2) place, contour, and adjust glass ionomer;
43.35 	(3) adapt and cement stainless steel crowns; and
44.1 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
44.2 	where the margins are entirely within the enamel.; and
44.3 	(5) place, contour, and adjust class II and class V supragingival composite 
44.4 	restorations on primary teeth.
44.5 	(b) The restorative procedures described in paragraph (a) may be performed only if:
44.6 	(1) the licensed dental hygienist or licensed dental assistant has completed a 
44.7 	board-approved course on the specific procedures;
44.8 	(2) the board-approved course includes a component that sufficiently prepares the 
44.9 	licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly 
44.10 	placed restoration;
44.11 	(3) a licensed dentist or licensed advanced dental therapist has authorized the 
44.12 	procedure to be performed; and
44.13 	(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 
44.14 	while the procedure is being performed.
44.15 	(c) The dental faculty who teaches the educators of the board-approved courses 
44.16 	specified in paragraph (b) must have prior experience teaching these procedures in an 
44.17 	accredited dental education program.

44.18 	Sec. 33. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
44.19 		Subdivision 1.License requirements. The board shall issue a license to practice 
44.20 	podiatric medicine to a person who meets the following requirements:
44.21 	(a) The applicant for a license shall file a written notarized application on forms 
44.22 	provided by the board, showing to the board's satisfaction that the applicant is of good 
44.23 	moral character and satisfies the requirements of this section.
44.24 	(b) The applicant shall present evidence satisfactory to the board of being a graduate 
44.25 	of a podiatric medical school approved by the board based upon its faculty, curriculum, 
44.26 	facilities, accreditation by a recognized national accrediting organization approved by the 
44.27 	board, and other relevant factors.
44.28 	(c) The applicant must have received a passing score on each part of the national board 
44.29 	examinations, parts one and two, prepared and graded by the National Board of Podiatric 
44.30 	Medical Examiners. The passing score for each part of the national board examinations, 
44.31 	parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
44.32 	(d) Applicants graduating after 1986 from a podiatric medical school shall present 
44.33 	evidence satisfactory to the board of the completion of (1) one year of graduate, clinical 
44.34 	residency or preceptorship in a program accredited by a national accrediting organization 
44.35 	approved by the board or (2) other graduate training that meets standards equivalent to 
45.1 	those of an approved national accrediting organization or school of podiatric medicine
45.2 	 of successful completion of a residency program approved by a national accrediting 
45.3 	podiatric medicine organization.
45.4 	(e) The applicant shall appear in person before the board or its designated 
45.5 	representative to show that the applicant satisfies the requirements of this section, 
45.6 	including knowledge of laws, rules, and ethics pertaining to the practice of podiatric 
45.7 	medicine. The board may establish as internal operating procedures the procedures or 
45.8 	requirements for the applicant's personal presentation.
45.9 	(f) The applicant shall pay a fee established by the board by rule. The fee shall 
45.10 	not be refunded.
45.11 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
45.12 	against a licensee. If the applicant does not satisfy the requirements of this paragraph, 
45.13 	the board may refuse to issue a license unless it determines that the public will be 
45.14 	protected through issuance of a license with conditions and limitations the board considers 
45.15 	appropriate.
45.16 	(h) Upon payment of a fee as the board may require, an applicant who fails to pass 
45.17 	an examination and is refused a license is entitled to reexamination within one year of 
45.18 	the board's refusal to issue the license. No more than two reexaminations are allowed 
45.19 	without a new application for a license.

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

45.26 	Sec. 35. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
45.27 		Subd. 2.Applicants licensed in another state. The board shall issue a license 
45.28 	to practice podiatric medicine to any person currently or formerly licensed to practice 
45.29 	podiatric medicine in another state who satisfies the requirements of this section:
45.30 	(a) The applicant shall satisfy the requirements established in subdivision 1.
45.31 	(b) The applicant shall present evidence satisfactory to the board indicating the 
45.32 	current status of a license to practice podiatric medicine issued by the first state of 
45.33 	licensure and all other states and countries in which the individual has held a license.
46.1 	(c) If the applicant has had a license revoked, engaged in conduct warranting 
46.2 	disciplinary action against the applicant's license, or been subjected to disciplinary action, 
46.3 	in another state, the board may refuse to issue a license unless it determines that the 
46.4 	public will be protected through issuance of a license with conditions or limitations the 
46.5 	board considers appropriate.
46.6 	(d) The applicant shall submit with the license application the following additional 
46.7 	information for the five-year period preceding the date of filing of the application: (1) the 
46.8 	name and address of the applicant's professional liability insurer in the other state; and (2) 
46.9 	the number, date, and disposition of any podiatric medical malpractice settlement or award 
46.10 	made to the plaintiff relating to the quality of podiatric medical treatment.
46.11 	(e) If the license is active, the applicant shall submit with the license application 
46.12 	evidence of compliance with the continuing education requirements in the current state of 
46.13 	licensure.
46.14 	(f) If the license is inactive, the applicant shall submit with the license application 
46.15 	evidence of participation in one-half the same number of hours of acceptable continuing 
46.16 	education required for biennial renewal, as specified under Minnesota Rules, up to five 
46.17 	years. If the license has been inactive for more than two years, the amount of acceptable 
46.18 	continuing education required must be obtained during the two years immediately before 
46.19 	application or the applicant must provide other evidence as the board may reasonably 
46.20 	require.

46.21 	Sec. 36. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
46.22 		Subd. 3.Temporary permit. Upon payment of a fee and in accordance with the 
46.23 	rules of the board, the board may issue a temporary permit to practice podiatric medicine 
46.24 	to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed 
46.25 	12 months. A temporary permit may be extended under the following conditions:
46.26 	(1) the applicant submits acceptable evidence that the training was interrupted by 
46.27 	circumstances beyond the control of the applicant and that the sponsor of the program 
46.28 	agrees to the extension;
46.29 	(2) the applicant is continuing in a residency that extends for more than one year; or
46.30 	(3) the applicant is continuing in a residency that extends for more than two years.
46.31 	 approved by a national accrediting organization. The temporary permit is renewed 
46.32 	annually until the residency training requirements are completed or until the residency 
46.33 	program is terminated or discontinued.

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

47.12 	Sec. 38. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL 
47.13 	CONDUCT OFFENSE.
47.14 		Subdivision 1.Applicability. This section applies to the health-related licensing 
47.15 	boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice 
47.16 	and the Board of Chiropractic Examiners, and also applies toprofessions credentialed by 
47.17 	the Minnesota Department of Health, including:
47.18 	(1) speech-language pathologists and audiologists;
47.19 	(2) hearing instrument dispensers; and
47.20 	(3) occupational therapists and occupational therapy assistants.
47.21 		Subd. 2.Issuing and renewing credential to practice. (a) Except as provided in 
47.22 	paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a 
47.23 	credential to practice to any person who has been convicted on or after August 1, 2014, of 
47.24 	any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, 
47.25 	subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
47.26 	(b) A credentialing authority listed in subdivision 1 shall not issue or renew a 
47.27 	credential to practice to any person who has been convicted in any other state or country on 
47.28 	or after August 1, 2014, of an offense where the elements of the offense are substantially 
47.29 	similar to any of the offenses listed in paragraph (a).
47.30 	(c) A credential to practice is automatically revoked if the credentialed person is 
47.31 	convicted of an offense listed in paragraph (a).
47.32 	(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty 
47.33 	by a jury, or a finding of guilty by the court, unless the court stays imposition or execution 
47.34 	of the sentence and final disposition of the case is accomplished at a nonfelony level.
48.1 	(e) A credentialing authority listed in subdivision 1 may establish criteria whereby 
48.2 	an individual convicted of an offense listed in paragraph (a) may become credentialed 
48.3 	provided that the criteria:
48.4 	(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
48.5 	(2) provide a standard for overcoming the presumption; and
48.6 	(3) require that a minimum of ten years has elapsed since the applicant was released 
48.7 	from any incarceration or supervisory jurisdiction related to the offense.
48.8 	A credentialing authority listed in subdivision 1 shall not consider an application under 
48.9 	this paragraph if the board determines that the victim involved in the offense was a patient 
48.10 	or a client of the applicant at the time of the offense.

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

48.13 	Sec. 39. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK 
48.14 	OF HARM.
48.15 	(a) Notwithstanding any provision of a health-related professional practice act, 
48.16 	when a health-related licensing board receives a complaint regarding a regulated person 
48.17 	and has probable cause to believe continued practice by the regulated person presents 
48.18 	an imminent risk of harm, the licensing board shall temporarily suspend the regulated 
48.19 	person's professional license. The suspension shall take effect upon written notice to the 
48.20 	regulated person and shall specify the reason for the suspension.
48.21 	(b) The suspension shall remain in effect until the appropriate licensing board or 
48.22 	the commissioner completes an investigation and issues a final order in the matter after 
48.23 	a hearing.
48.24 	(c) At the time it issues the suspension notice, the appropriate licensing board  shall 
48.25 	schedule a disciplinary hearing to be held before the licensing board or pursuant to the 
48.26 	Administrative Procedure Act. The regulated person shall be provided with at least 
48.27 	ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
48.28 	scheduled to begin no later than 30 days after issuance of the suspension order.

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

48.30 	Sec. 40. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
48.31 		Subd. 2.Receipt of complaint. The boards shall receive and resolve complaints 
48.32 	or other communications, whether oral or written, against regulated persons. Before 
48.33 	resolving an oral complaint, the executive director or a board member designated by the 
49.1 	board to review complaints shall require the complainant to state the complaint in writing 
49.2 	or authorize transcribing the complaint. The executive director or the designated board 
49.3 	member shall determine whether the complaint alleges or implies a violation of a statute 
49.4 	or rule which the board is empowered to enforce. The executive director or the designated 
49.5 	board member may consult with the designee of the attorney general as to a board's 
49.6 	jurisdiction over a complaint. If the executive director or the designated board member 
49.7 	determines that it is necessary, the executive director may seek additional information to 
49.8 	determine whether the complaint is jurisdictional or to clarify the nature of the allegations 
49.9 	by obtaining records or other written material, obtaining a handwriting sample from the 
49.10 	regulated person, clarifying the alleged facts with the complainant, and requesting a written 
49.11 	response from the subject of the complaint. The executive director may authorize a field 
49.12 	investigation to clarify the nature of the allegations and the facts that led to the complaint.

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

49.14 	Sec. 41. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
49.15 		Subd. 3.Referral to other agencies. The executive director shall forward to 
49.16 	another governmental agency any complaints received by the board which do not relate 
49.17 	to the board's jurisdiction but which relate to matters within the jurisdiction of another 
49.18 	governmental agency. The agency shall advise the executive director of the disposition 
49.19 	of the complaint. A complaint or other information received by another governmental 
49.20 	agency relating to a statute or rule which a board is empowered to enforce must be 
49.21 	forwarded to the executive director of the board to be processed in accordance with this 
49.22 	section. Governmental agencies may shall coordinate and conduct joint investigations of 
49.23 	complaints that involve more than one governmental agency.

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

49.25 	Sec. 42. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision 
49.26 	to read:
49.27 		Subd. 5.Health professionals services program. The health-related licensing 
49.28 	boards shall include information regarding the health professionals services program 
49.29 	on their Web sites.

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

50.1 	Sec. 43. Minnesota Statutes 2012, section 214.29, is amended to read:
50.2 	214.29 PROGRAM REQUIRED.
50.3 	Each health-related licensing board, including the Emergency Medical Services 
50.4 	Regulatory Board under chapter 144E, shall either conduct a contract with the  health 
50.5 	professionals service program under sections 214.31 to 214.37or contract for a diversion 
50.6 	program under section 214.28 for a diversion program for regulated professionals who are 
50.7 	unable to practice with reasonable skill and safety by reason of illness, use of alcohol, 
50.8 	drugs, chemicals, or any other materials, or as a result of any mental, physical, or 
50.9 	psychological condition.

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

50.11 	Sec. 44. Minnesota Statutes 2012, section 214.31, is amended to read:
50.12 	214.31 AUTHORITY.
50.13 	Two or more of the health-related licensing boards listed in section 214.01, 
50.14 	subdivision 2, may jointly The health professionals services program shall contract with 
50.15 	the health-related licensing boards to conduct a health professionals services program to 
50.16 	protect the public from persons regulated by the boards who are unable to practice with 
50.17 	reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any 
50.18 	other materials, or as a result of any mental, physical, or psychological condition. The 
50.19 	program does not affect a board's authority to discipline violations of a board's practice act. 
50.20 	For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board 
50.21 	shall be included in the definition of a health-related licensing board under chapter 144E.

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

50.23 	Sec. 45. Minnesota Statutes 2012, section 214.32, is amended to read:
50.24 	214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
50.25 		Subdivision 1.Management. (a) A Health Professionals Services Program 
50.26 	Committee is established, consisting of one person appointed by each participating board, 
50.27 	with each participating board having one vote. no fewer than three, or more than six, 
50.28 	executive directors of health-related licensing boards or their designees, and two members 
50.29 	of the advisory committee established in paragraph (c). Program committee members 
50.30 	from the health-related licensing boards shall be appointed by a majority of the executive 
50.31 	directors of the health-related licensing boards in July of odd-numbered years. Members 
50.32 	from the advisory committee shall be appointed by a majority of advisory committee 
51.1 	members in July of odd-numbered years. The program committee shall designate one 
51.2 	board to provide administrative management of the program, set the program budget and 
51.3 	the pro rata share of program expenses to be borne by each participating board, provide 
51.4 	guidance on the general operation of the program, including hiring of program personnel, 
51.5 	and ensure that the program's direction is in accord with its authority. The program 
51.6 	committee shall establish uniform criteria and procedures governing termination and 
51.7 	discharge for all health professionals served by the health professionals services program. 
51.8 	If the participating boards change which board is designated to provide administrative 
51.9 	management of the program, any appropriation remaining for the program shall transfer to 
51.10 	the newly designated board on the effective date of the change. The participating boards 
51.11 	must inform the appropriate legislative committees and the commissioner of management 
51.12 	and budget of any change in the administrative management of the program, and the 
51.13 	amount of any appropriation transferred under this provision.
51.14 	(b) The designated board, upon recommendation of the Health Professional Services 
51.15 	Program Committee, shall hire the program manager and employees and pay expenses 
51.16 	of the program from funds appropriated for that purpose. The designated board may 
51.17 	apply for grants to pay program expenses and may enter into contracts on behalf of the 
51.18 	program to carry out the purposes of the program. The participating boards shall enter into 
51.19 	written agreements with the designated board.
51.20 	(c) An advisory committee is established to advise the program committee consisting 
51.21 	of:
51.22 	(1) one member appointed by each of the following: the Minnesota Academy of 
51.23 	Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic 
51.24 	Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical 
51.25 	Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine 
51.26 	Association of the professional associations whose members are eligible for health 
51.27 	professionals services program services; and
51.28 	(2) one member appointed by each of the professional associations of the other 
51.29 	professions regulated by a participating board not specified in clause (1); and
51.30 	(3) two public members, as defined by section 214.02.
51.31 	(d) Members of the advisory committee shall be appointed for two years and 
51.32 	members may be reappointed.
51.33 	(e) The advisory committee shall:
51.34 	(1) provide advice and consultation to the health professionals services program staff;
51.35 	(2) serve as a liaison to all regulated health professionals who are eligible to 
51.36 	participate in the health professionals services program; and
52.1 	(3) provide advice and recommendations to the program committee.
52.2 		Subd. 2.Services. (a) The program shall provide the following services to program 
52.3 	participants:
52.4 	(1) referral of eligible regulated persons to qualified professionals for evaluation, 
52.5 	treatment, and a written plan for continuing care consistent with the regulated person's 
52.6 	illness. The referral shall take into consideration the regulated person's financial resources 
52.7 	as well as specific needs;
52.8 	(2) development of individualized program participation agreements between 
52.9 	participants and the program to meet the needs of participants and protect the public. An 
52.10 	agreement may include, but need not be limited to, recommendations from the continuing 
52.11 	care plan, practice monitoring, health monitoring, practice restrictions, random drug 
52.12 	screening, support group participation, filing of reports necessary to document compliance, 
52.13 	and terms for successful completion of the regulated person's program; and
52.14 	(3) monitoring of compliance by participants with individualized program 
52.15 	participation agreements or board orders.
52.16 	(b) The program may develop services related to sections 214.31 to 214.37 for 
52.17 	employers and colleagues of regulated persons from participating boards.
52.18 		Subd. 3.Participant costs. Each program participant shall be responsible for 
52.19 	paying for the costs of physical, psychosocial, or other related evaluation, treatment, 
52.20 	laboratory monitoring, and random drug screens.
52.21 		Subd. 4.Eligibility. Admission to the health professional services program is 
52.22 	available to a person regulated by a participating board who is unable to practice with 
52.23 	reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or 
52.24 	any other materials, or as a result of any mental, physical, or psychological condition. 
52.25 	Admission in the health professional services program shall be denied to persons:
52.26 	(1) who have diverted controlled substances for other than self-administration;
52.27 	(2) who have been terminated from this or any other state professional services 
52.28 	program for noncompliance in the program, unless referred by a participating board or the 
52.29 	commissioner of health;
52.30 	(3) currently under a board disciplinary order or corrective action agreement, unless 
52.31 	referred by a board;
52.32 	(4) regulated under sections 214.17 to 214.25, unless referred by a board or by the 
52.33 	commissioner of health;
52.34 	(5) accused of sexual misconduct; or
52.35 	(6)(5) whose continued practice would create a serious risk of harm to the public.
53.1 		Subd. 5.Completion; voluntary termination; discharge. (a) A regulated person 
53.2 	completes the program when the terms of the program participation agreement are fulfilled.
53.3 	(b) A regulated person may voluntarily terminate participation in the health 
53.4 	professionals service program at any time by reporting to the person's board which shall 
53.5 	result in the program manager making a report to the regulated person's board under 
53.6 	section 214.33, subdivision 3.
53.7 	(c) The program manager may choose to discharge a regulated person from the 
53.8 	program and make a referral to the person's board at any time for reasons including but not 
53.9 	limited to: the degree of cooperation and compliance by the regulated person, the inability 
53.10 	to secure information or the medical records of the regulated person, or indication of other 
53.11 	possible violations of the regulated person's practice act. The regulated person shall be 
53.12 	notified in writing by the program manager of any change in the person's program status. 
53.13 	A regulated person who has been terminated or discharged from the program may be 
53.14 	referred back to the program for monitoring.
53.15 		Subd. 6.Duties of a health related licensing board. (a) Upon receiving notice from 
53.16 	the program manager that a regulated person has been discharged due to noncompliance 
53.17 	or voluntary withdrawal, when the appropriate licensing board has probable cause to 
53.18 	believe continued practice by the regulated person presents an imminent risk of harm, the 
53.19 	licensing board shall temporarily suspend the regulated person's professional license. The 
53.20 	suspension shall take effect upon written notice to the regulated person and shall specify 
53.21 	the reason for the suspension.
53.22 	(b) The suspension shall remain in effect until the appropriate licensing board 
53.23 	completes an investigation and issues a final order in the matter after a hearing.
53.24 	(c) At the time it issues the suspension notice, the appropriate licensing board shall 
53.25 	schedule a disciplinary hearing to be held before the licensing board or pursuant to the 
53.26 	Administrative Procedure Act. The regulated person shall be provided with at least 
53.27 	ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
53.28 	scheduled to be no later than 30 days after issuance of the suspension order.
53.29 	(d) This subdivision does not apply to the Office of Complementary and Alternative 
53.30 	Health Care Programs.

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

53.32 	Sec. 46. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
53.33 		Subd. 3.Program manager. (a) The program manager shall report to the 
53.34 	appropriate participating board a regulated person who:
53.35 	(1)  does not meet program admission criteria,;
54.1 	(2) violates the terms of the program participation agreement, or;
54.2 	(3)  leaves the program except upon fulfilling the terms for successful completion of 
54.3 	the program as set forth in the participation agreement.;
54.4 	(4) is subject to the provisions of sections 214.17 to 214.25;
54.5 	(5) caused identifiable patient harm;
54.6 	(6) substituted or adulterated medications;
54.7 	(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the 
54.8 	name of a person or veterinary patient for personal use; or
54.9 	The program manager shall report to the appropriate participating board a regulated 
54.10 	person who(8) is alleged to have committed violations of the person's practice act that 
54.11 	are outside the authority of the health professionals services program as described in 
54.12 	sections 214.31 to 214.37. 
54.13 	(b) The program manager shall inform any reporting person of the disposition of the 
54.14 	person's report to the program.

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

54.16 	Sec. 47. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision 
54.17 	to read:
54.18 		Subd. 5.Employer mandatory reporting. (a) An employer of a person licensed or 
54.19 	regulated by a health-related licensing board listed in section 214.01, subdivision 2, and 
54.20 	health care institutions, and other organizations where the licensed or regulated health 
54.21 	care professional is engaged in providing services, shall report to the appropriate licensing 
54.22 	board that the licensee or regulated person has diverted narcotics or other controlled 
54.23 	substances in violation of state or federal narcotics or controlled substance law when:
54.24 	(1) the employer or entity making the report has knowledge of the diversion; and
54.25 	(2) the licensee or regulated person has diverted narcotics from the reporting 
54.26 	employer or organization or at the reporting institution.
54.27 	(b) Subdivision 1 does not waive the requirement to report under this subdivision.
54.28 	(c) The requirement to report under this subdivision does not apply:
54.29 	(1) to licensees or regulated persons who are self-employed;
54.30 	(2) if the knowledge was obtained in the course of a professional-patient relationship 
54.31 	and the patient is licensed or regulated by a health licensing board; or
54.32 	(3) if knowledge of the diversion first becomes known to the employer, health care 
54.33 	institution, or other organization, either from:
55.1 	(i) the licensee or regulated person who has self-reported to the health professional 
55.2 	services program and who has returned to work pursuant to the health professional 
55.3 	services program participation agreement and monitoring plan; or
55.4 	(ii) an individual who is serving as a work site monitor approved by the health 
55.5 	professional services program for a person described in item (i).

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

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

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

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

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

55.22 	Sec. 50.  REPEALER.
 55.23 	(a)  Minnesota Statutes 2012, section 148.01, subdivision 3, and Minnesota Rules, 
55.24 	parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are repealed.
55.25 	(b)  Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed 
55.26 	effective July 1, 2014.
55.27 	(c)  Minnesota Statutes 2013 Supplement, section 148.6440, is repealed the day 
55.28 	following final enactment.
55.29 	(d)  Minnesota Statutes 2012, sections 148.7808, subdivision 2; and 148.7813, are 
55.30 	repealed.

56.1 	ARTICLE 5
56.2 	BOARD OF PHARMACY

56.3 	Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
56.4 	151.01 DEFINITIONS.
56.5 		Subdivision 1.Words, terms, and phrases. Unless the language or context clearly 
56.6 	indicates that a different meaning is intended, the following words, terms, and phrases, for 
56.7 	the purposes of this chapter, shall be given the meanings subjoined to them.
56.8 		Subd. 2.Pharmacy. "Pharmacy" means an established a place of business in 
56.9 	which prescriptions,prescription drugs, medicines, chemicals, and poisons are prepared, 
56.10 	compounded, or dispensed, vended, or sold to or for the use of patients by or under 
56.11 	the supervision of a pharmacist and from which related clinical pharmacy services are 
56.12 	delivered.
56.13 		Subd. 2a.Limited service pharmacy. "Limited service pharmacy" means a 
56.14 	pharmacy that has been issued a restricted license by the board to perform a limited range 
56.15 	of the activities that constitute the practice of pharmacy.
56.16 		Subd. 3.Pharmacist. The term "pharmacist" means an individual with a currently 
56.17 	valid license issued by the Board of Pharmacy to practice pharmacy.
56.18 		Subd. 5.Drug. The term "drug" means all medicinal substances and preparations 
56.19 	recognized by the United States Pharmacopoeia and National Formulary, or any revision 
56.20 	thereof, vaccines and biologicals, and all substances and preparations intended for external 
56.21 	and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 
56.22 	humans or other animals, and all substances and preparations, other than food, intended to 
56.23 	affect the structure or any function of the bodies of humans or other animals. The term drug 
56.24 	shall also mean any compound, substance, or derivative that is not approved for human 
56.25 	consumption by the United States Food and Drug Administration or specifically permitted 
56.26 	for human consumption under Minnesota law that, when introduced into the body, induces 
56.27 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
56.28 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
56.29 	regardless of whether the substance is marketed for the purpose of human consumption.
56.30 		Subd. 6.Medicine. The term "medicine" means any remedial agent that has the 
56.31 	property of curing, preventing, treating, or mitigating diseases, or that is used for that 
56.32 	purpose.
56.33 		Subd. 7.Poisons. The term "poisons" means any substance which that, when 
56.34 	introduced into the system, directly or by absorption, produces violent, morbid, or fatal 
56.35 	changes, or which that destroys living tissue with which it comes in contact.
57.1 		Subd. 8.Chemical. The term "chemical" means all medicinal or industrial 
57.2 	substances, whether simple or compound, or obtained through the process of the science 
57.3 	and art of chemistry, whether of organic or inorganic origin.
57.4 		Subd. 9.Board or State Board of Pharmacy. The term "board" or "State Board of 
57.5 	Pharmacy" means the Minnesota State Board of Pharmacy.
57.6 		Subd. 10.Director. The term "director" means the executive director of the 
57.7 	Minnesota State Board of Pharmacy.
57.8 		Subd. 11.Person. The term "person" means an individual, firm, partnership, 
57.9 	company, corporation, trustee, association, agency, or other public or private entity.
57.10 		Subd. 12.Wholesale. The term "wholesale" means and includes any sale for the 
57.11 	purpose of resale.
57.12 		Subd. 13.Commercial purposes. The phrase "commercial purposes" means the 
57.13 	ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 
57.14 	of medicine and, pharmacy, and other health care professions.
57.15 		Subd. 14.Manufacturing. The term "manufacturing" except in the case of bulk 
57.16 	compounding, prepackaging or extemporaneous compounding within a pharmacy, means 
57.17 	and includes the production, quality control and standardization by mechanical, physical, 
57.18 	chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 
57.19 	relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 
57.20 	without exception, for medicinal purposes. preparation, propagation, conversion, or 
57.21 	processing of a drug, either directly or indirectly, by extraction from substances of natural 
57.22 	origin or independently by means of chemical or biological synthesis. Manufacturing 
57.23 	includes the packaging or repackaging of a drug, or the labeling or relabeling of 
57.24 	the container of a drug, for resale by pharmacies, practitioners, or other persons. 
57.25 	Manufacturing does not include the prepackaging, extemporaneous compounding, or 
57.26 	anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, 
57.27 	nor the labeling of a container within a pharmacy or by a practitioner for the purpose of 
57.28 	dispensing a drug to a patient pursuant to a valid prescription.
57.29 		Subd. 14a.Manufacturer. The term "manufacturer" means any person engaged 
57.30 	in manufacturing.
57.31 		Subd. 14b.Outsourcing facility. "Outsourcing facility" means a facility that is 
57.32 	registered by the United States Food and Drug Administration pursuant to United States 
57.33 	Code, title 21, section 353b.
57.34 		Subd. 15.Pharmacist intern. The term "pharmacist intern" means (1) a natural 
57.35 	person satisfactorily progressing toward the degree in pharmacy required for licensure, or 
57.36 	(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 
58.1 	college approved by the board, who is registered by the State Board of Pharmacy for the 
58.2 	purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 
58.3 	or (3) a qualified applicant awaiting examination for licensure.
58.4 		Subd. 15a.Pharmacy technician. The term "pharmacy technician" means a person 
58.5 	not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 
58.6 	preparation and dispensing of medications by performing computer entry of prescription 
58.7 	data and other manipulative tasks. A pharmacy technician shall not perform tasks 
58.8 	specifically reserved to a licensed pharmacist or requiring professional judgment.
58.9 		Subd. 16.Prescription drug order. The term "prescription drug order" means a 
58.10 	signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
58.11 	 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 
58.12 	practice, issued for an individual patient and containing the following: the date of issue, 
58.13 	name and address of the patient, name and quantity of the drug prescribed, directions 
58.14 	for use, and the name and address of the prescriber. for a drug for a specific patient. 
58.15 	Prescription drug orders for controlled substances must be prepared in accordance with the 
58.16 	provisions of section 152.11 and the federal Controlled Substances Act and the regulations 
58.17 	promulgated thereunder.
58.18 		Subd. 16a.Prescription. The term "prescription" means a prescription drug order 
58.19 	that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an 
58.20 	electronic order. To be valid, a prescription must be issued for an individual patient by 
58.21 	a practitioner within the scope and usual course of the practitioner's practice, and must 
58.22 	contain the date of issue, name and address of the patient, name and quantity of the drug 
58.23 	prescribed, directions for use, the name and address of the practitioner, and a telephone 
58.24 	number at which the practitioner can be reached. A prescription written or printed on 
58.25 	paper that is given to the patient or an agent of the patient or that is transmitted by fax 
58.26 	must contain the practitioner's manual signature. An electronic prescription must contain 
58.27 	the practitioner's electronic signature.
58.28 		Subd. 16b.Chart order. The term "chart order" means a prescription drug order for 
58.29 	a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct 
58.30 	supervision of a pharmacist, and administered by an authorized person only during the 
58.31 	patient's stay in a hospital or long-term care facility. The chart order shall contain the name 
58.32 	of the patient, another patient identifier such as birth date or medical record number, the 
58.33 	drug ordered, and any directions that the practitioner may prescribe concerning strength, 
58.34 	dosage, frequency, and route of administration. The manual or electronic signature of the 
58.35 	practitioner must be affixed to the chart order at the time it is written or at a later date in 
58.36 	the case of verbal chart orders.
59.1 		Subd. 17.Legend drug. "Legend drug" means a drug whichthat is required by 
59.2 	federal law to bear the following statement, "Caution: Federal law prohibits dispensing 
59.3 	without prescription." be dispensed only pursuant to the prescription of a licensed 
59.4 	practitioner.
59.5 		Subd. 18.Label. "Label" means a display of written, printed, or graphic matter 
59.6 	upon the immediate container of any drug or medicine; and a requirement made by or 
59.7 	under authority of Laws 1969, chapter 933 that. Any word, statement, or other information 
59.8 	appearing required by or under the authority of this chapter to appear on the label shall not 
59.9 	be considered to be complied with unless such word, statement, or other information also 
59.10 	appears appear on the outside container or wrapper, if any there be, of the retail package of 
59.11 	such drug or medicine, or is be easily legible through the outside container or wrapper.
59.12 		Subd. 19.Package. "Package" means any container or wrapping in which any 
59.13 	drug or medicine is enclosed for use in the delivery or display of that article to retail 
59.14 	purchasers, but does not include:
59.15 	(a) shipping containers or wrappings used solely for the transportation of any such 
59.16 	article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 
59.17 	retail distributors;
59.18 	(b) shipping containers or outer wrappings used by retailers to ship or deliver any 
59.19 	such article to retail customers if such containers and wrappings bear no printed matter 
59.20 	pertaining to any particular drug or medicine.
59.21 		Subd. 20.Labeling. "Labeling" means all labels and other written, printed, or 
59.22 	graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 
59.23 	accompanying such article.
59.24 		Subd. 21.Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 
59.25 	Act, United States Code, title 21, section 301, et seq., as amended.
59.26 		Subd. 22.Pharmacist in charge. "Pharmacist in charge" means a duly licensed 
59.27 	pharmacist in the state of Minnesota who has been designated in accordance with the rules 
59.28 	of the State Board of Pharmacy to assume professional responsibility for the operation 
59.29 	of the pharmacy in compliance with the requirements and duties as established by the 
59.30 	board in its rules.
59.31 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
59.32 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
59.33 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 
59.34 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraphs 
59.35 	(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 
59.36 	prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 
60.1 	authorized to prescribe, dispense, and administer under section 148.235. For purposes of 
60.2 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraph 
60.3 	(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 
60.4 	administer under chapter 150A.
60.5 		Subd. 24.Brand name. "Brand name" means the registered trademark name given 
60.6 	to a drug product by its manufacturer, labeler or distributor.
60.7 		Subd. 25.Generic name. "Generic name" means the established name or official 
60.8 	name of a drug or drug product.
60.9 		Subd. 26.Finished dosage form. "Finished dosage form" means that form of a 
60.10 	drug which that is or is intended to be dispensed or administered to the patient and requires 
60.11 	no further manufacturing or processing other than packaging, reconstitution, or labeling.
60.12 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
60.13 	(1) interpretation and evaluation of prescription drug orders;
60.14 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by 
60.15 	a manufacturer or packager of nonprescription drugs or commercially packaged legend 
60.16 	drugs and devices);
60.17 	(3) participation in clinical interpretations and monitoring of drug therapy for 
60.18 	assurance of safe and effective use of drugs;
60.19 	(4) participation in drug and therapeutic device selection; drug administration for first 
60.20 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
60.21 	(5) participation in administration of influenza vaccines to all eligible individuals ten 
60.22 	years of age and older and all other vaccines to patients 18 years of age and older under 
60.23 	standing orders from a physician licensed under chapter 147 or by written protocol with a 
60.24 	physician licensed under chapter 147, a physician assistant authorized to prescribe drugs 
60.25 	under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under 
60.26 	section 148.235, provided that:
60.27 	(i) the protocol includes, at a minimum:
60.28 	(A) the name, dose, and route of each vaccine that may be given;
60.29 	(B) the patient population for whom the vaccine may be given;
60.30 	(C) contraindications and precautions to the vaccine;
60.31 	(D) the procedure for handling an adverse reaction;
60.32 	(E) the name, signature, and address of the physician, physician assistant, or 
60.33 	advanced practice nurse;
60.34 	(F) a telephone number at which the physician, physician assistant, or advanced 
60.35 	practice nurse can be contacted; and
60.36 	(G) the date and time period for which the protocol is valid;
61.1 	(i) (ii) the pharmacist is trained in has successfully completed a program approved 
61.2 	by the American Accreditation Council of Pharmaceutical for Pharmacy Education 
61.3 	specifically for the administration of immunizations or graduated from a college of 
61.4 	pharmacy in 2001 or thereafter a program approved by the board; and
61.5 	(ii) (iii) the pharmacist reports the administration of the immunization to the patient's 
61.6 	primary physician or clinic or to the Minnesota Immunization Information Connection; and
61.7 	(iv) the pharmacist complies with guidelines for vaccines and immunizations 
61.8 	established by the federal Advisory Committee on Immunization Practices, except that a 
61.9 	pharmacist does not need to comply with those portions of the guidelines that establish 
61.10 	immunization schedules when administering a vaccine pursuant to a valid, patient-specific 
61.11 	order issued by a physician licensed under chapter 147, a physician assistant authorized to 
61.12 	prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe 
61.13 	drugs under section 148.235, provided that the order is consistent with the United States 
61.14 	Food and Drug Administration approved labeling of the vaccine;
61.15 	(6) participation in the practice of managing drug therapy and modifying initiation, 
61.16 	management, modification, and discontinuation of drug therapy, according to section 
61.17 	151.21, subdivision 1, according to a written protocol or collaborative practice agreement 
61.18 	between the specific pharmacist: (i) one or more pharmacists and the individual dentist, 
61.19 	optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 
61.20 	care and authorized to independently prescribe drugs one or more dentists, optometrists, 
61.21 	physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more 
61.22 	physician assistants authorized to prescribe, dispense, and administer under chapter 147A, 
61.23 	or advanced practice nurses authorized to prescribe, dispense, and administer under 
61.24 	section 148.235. Any significant changes in drug therapy made pursuant to a protocol or 
61.25 	collaborative practice agreement must be reported documented by the pharmacist to in
61.26 	 the patient's medical record or reported by the pharmacist to a practitioner responsible 
61.27 	for the patient's care;
61.28 	(7) participation in the storage of drugs and the maintenance of records;
61.29 	(8) responsibility for participation in patient counseling on therapeutic values, 
61.30 	content, hazards, and uses of drugs and devices; and
61.31 	(9) offering or performing those acts, services, operations, or transactions necessary 
61.32 	in the conduct, operation, management, and control of a pharmacy.
61.33 		Subd. 27a.Protocol. "Protocol" means:
61.34 	(1) a specific written plan that describes the nature and scope of activities that a 
61.35 	pharmacist may engage in when initiating, managing, modifying, or discontinuing drug 
61.36 	therapy as allowed in subdivision 27, clause (6); or
62.1 	(2) a specific written plan that authorizes a pharmacist to administer vaccines and 
62.2 	that complies with subdivision 27, clause (5).
62.3 		Subd. 27b.Collaborative practice. "Collaborative practice" means patient care 
62.4 	activities, consistent with subdivision 27, engaged in by one or more pharmacists who 
62.5 	have agreed to work in collaboration with one or more practitioners to initiate, manage, 
62.6 	and modify drug therapy under specified conditions mutually agreed to by the pharmacists 
62.7 	and practitioners.
62.8 		Subd. 27c.Collaborative practice agreement. "Collaborative practice agreement" 
62.9 	means a written and signed agreement between one or more pharmacists and one or more 
62.10 	practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
62.11 		Subd. 28.Veterinary legend drug. "Veterinary legend drug" means a drug that is 
62.12 	required by federal law to bear the following statement: "Caution: Federal law restricts 
62.13 	this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant 
62.14 	to the prescription of a licensed veterinarian.
62.15 		Subd. 29.Legend medical gas. "Legend medical gas" means a liquid or gaseous 
62.16 	substance used for medical purposes and that is required by federal law to bear the 
62.17 	following statement: "Caution: Federal law prohibits dispensing without a prescription."
62.18 	 be dispensed only pursuant to the prescription of a licensed practitioner.
62.19 		Subd. 30.Dispense or dispensing. "Dispense or dispensing" means the preparation 
62.20 	or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 
62.21 	appropriately labeled for subsequent administration to or use by a patient or other individual 
62.22 	entitled to receive the drug. interpretation, evaluation, and processing of a prescription 
62.23 	drug order and includes those processes specified by the board in rule that are necessary 
62.24 	for the preparation and provision of a drug to a patient or patient's agent in a suitable 
62.25 	container appropriately labeled for subsequent administration to, or use by, a patient.
62.26 		Subd. 31.Central service pharmacy. "Central service pharmacy" means a 
62.27 	pharmacy that may provide dispensing functions, drug utilization review, packaging, 
62.28 	labeling, or delivery of a prescription product to another pharmacy for the purpose of 
62.29 	filling a prescription.
62.30 		Subd. 32.Electronic signature. "Electronic signature" means an electronic sound, 
62.31 	symbol, or process attached to or associated with a record and executed or adopted by a 
62.32 	person with the intent to sign the record.
62.33 		Subd. 33.Electronic transmission. "Electronic transmission" means transmission 
62.34 	of information in electronic form.
62.35 		Subd. 34.Health professional shortage area. "Health professional shortage area" 
62.36 	means an area designated as such by the federal Secretary of Health and Human Services, 
63.1 	as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 
63.2 	title 42, section 254E.
63.3 		Subd. 35.Compounding. "Compounding" means preparing, mixing, assembling, 
63.4 	packaging, and labeling a drug for an identified individual patient as a result of 
63.5 	a practitioner's prescription drug order. Compounding also includes anticipatory 
63.6 	compounding, as defined in this section, and the preparation of drugs in which all bulk 
63.7 	drug substances and components are nonprescription substances. Compounding does 
63.8 	not include mixing or reconstituting a drug according to the product's labeling or to the 
63.9 	manufacturer's directions. Compounding does not include the preparation of a drug for the 
63.10 	purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug 
63.11 	is not prepared for dispensing or administration to patients. All compounding, regardless 
63.12 	of the type of product, must be done pursuant to a prescription drug order unless otherwise 
63.13 	permitted in this chapter or by the rules of the board.
63.14 		Subd. 36.Anticipatory compounding. "Anticipatory compounding" means the 
63.15 	preparation by a pharmacy of a supply of a compounded drug product that is sufficient to 
63.16 	meet the short-term anticipated need of the pharmacy for the filling of prescription drug 
63.17 	orders. In the case of practitioners only, anticipatory compounding means the preparation 
63.18 	of a supply of a compounded drug product that is sufficient to meet the practitioner's 
63.19 	short-term anticipated need for dispensing or administering the drug to patients treated 
63.20 	by the practitioner. Anticipatory compounding is not the preparation of a compounded 
63.21 	drug product for wholesale distribution.
63.22 		Subd. 37.Extemporaneous compounding. "Extemporaneous compounding" 
63.23 	means the compounding of a drug product pursuant to a prescription drug order for a specific 
63.24 	patient that is issued in advance of the compounding. Extemporaneous compounding is 
63.25 	not the preparation of a compounded drug product for wholesale distribution.
63.26 		Subd. 38.Compounded positron emission tomography drug. "Compounded 
63.27 	positron emission tomography drug" means a drug that:
63.28 	(1) exhibits spontaneous disintegration of unstable nuclei by the emission of 
63.29 	positrons and is used for the purpose of providing dual photon positron emission 
63.30 	tomographic diagnostic images;
63.31 	(2) has been compounded by or on the order of a practitioner in accordance with the 
63.32 	relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, 
63.33 	teaching, or quality control; and
63.34 	(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, 
63.35 	accelerator, target material, electronic synthesizer, or other apparatus or computer program 
63.36 	to be used in the preparation of such a drug.

64.1 	Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
64.2 	151.06 POWERS AND DUTIES.
64.3 		Subdivision 1.Generally; rules. (a) Powers and duties. The Board of Pharmacy 
64.4 	shall have the power and it shall be its duty:
64.5 	(1) to regulate the practice of pharmacy;
64.6 	(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
64.7 	(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 
64.8 	dispensed in this state, using the United States Pharmacopeia and the National Formulary, 
64.9 	or any revisions thereof, or standards adopted under the federal act as the standard;
64.10 	(4) to enter and inspect by its authorized representative any and all places where 
64.11 	drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 
64.12 	away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 
64.13 	or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 
64.14 	after paying or offering to pay for such sample; it shall be entitled to inspect and make 
64.15 	copies of any and all records of shipment, purchase, manufacture, quality control, and 
64.16 	sale of these items provided, however, that such inspection shall not extend to financial 
64.17 	data, sales data, or pricing data;
64.18 	(5) to examine and license as pharmacists all applicants whom it shall deem qualified 
64.19 	to be such;
64.20 	(6) to license wholesale drug distributors;
64.21 	(7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any 
64.22 	registration or license required under this chapter, to any applicant or registrant or licensee
64.23 	 upon any of the following grounds: listed in section 151.071, and in accordance with 
64.24 	the provisions of section 151.071;
64.25 	(i) fraud or deception in connection with the securing of such license or registration;
64.26 	(ii) in the case of a pharmacist, conviction in any court of a felony;
64.27 	(iii) in the case of a pharmacist, conviction in any court of an offense involving 
64.28 	moral turpitude;
64.29 	(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 
64.30 	or habitual indulgence in intoxicating liquors in a manner which could cause conduct 
64.31 	endangering public health;
64.32 	(v) unprofessional conduct or conduct endangering public health;
64.33 	(vi) gross immorality;
64.34 	(vii) employing, assisting, or enabling in any manner an unlicensed person to 
64.35 	practice pharmacy;
64.36 	(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
65.1 	(ix) violation of any of the provisions of this chapter or any of the rules of the State 
65.2 	Board of Pharmacy;
65.3 	(x) in the case of a pharmacy license, operation of such pharmacy without a 
65.4 	pharmacist present and on duty;
65.5 	(xi) in the case of a pharmacist, physical or mental disability which could cause 
65.6 	incompetency in the practice of pharmacy;
65.7 	(xii) in the case of a pharmacist, the suspension or revocation of a license to practice 
65.8 	pharmacy in another state; or
65.9 	(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 
65.10 	violation of section 609.215 as established by any of the following:
65.11 	(A) a copy of the record of criminal conviction or plea of guilty for a felony in 
65.12 	violation of section 609.215, subdivision 1 or 2;
65.13 	(B) a copy of the record of a judgment of contempt of court for violating an 
65.14 	injunction issued under section 609.215, subdivision 4;
65.15 	(C) a copy of the record of a judgment assessing damages under section 609.215, 
65.16 	subdivision 5; or
65.17 	(D) a finding by the board that the person violated section 609.215, subdivision 
65.18 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
65.19 	subdivision 1 or 2;
65.20 	(8) to employ necessary assistants and adopt rules for the conduct of its business;
65.21 	(9) to register as pharmacy technicians all applicants who the board determines are 
65.22 	qualified to carry out the duties of a pharmacy technician; and
65.23 	(10) to perform such other duties and exercise such other powers as the provisions of 
65.24 	the act may require.; and
65.25 	(11) to enter and inspect any business to which it issues a license or registration.
65.26 	(b) Temporary suspension. In addition to any other remedy provided by law, the board 
65.27 	may, without a hearing, temporarily suspend a license for not more than 60 days if the board 
65.28 	finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 
65.29 	and continued practice by the pharmacist would create an imminent risk of harm to others. 
65.30 	The suspension shall take effect upon written notice to the pharmacist, specifying the 
65.31 	statute or rule violated. At the time it issues the suspension notice, the board shall schedule 
65.32 	a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 
65.33 	shall be provided with at least 20 days' notice of any hearing held under this subdivision.
65.34 	(c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make 
65.35 	and publish uniform rules not inconsistent herewith for carrying out and enforcing 
65.36 	the provisions of this chapter. The board shall adopt rules regarding prospective drug 
66.1 	utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 
66.2 	the pharmacist's professional judgment, upon the presentation of a new prescription by a 
66.3 	patient or the patient's caregiver or agent, shall perform the prospective drug utilization 
66.4 	review required by rules issued under this subdivision.
66.5 	(d) (c) Substitution; rules. If the United States Food and Drug Administration 
66.6 	(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 
66.7 	seizures poses a health risk to patients, the board shall adopt rules in accordance with 
66.8 	accompanying FDA interchangeability standards regarding the use of substitution for 
66.9 	these drugs. If the board adopts a rule regarding the substitution of drugs used for the 
66.10 	treatment of epilepsy or seizures that conflicts with the substitution requirements of 
66.11 	section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 
66.12 	proposed by the board would increase state costs for state public health care programs, 
66.13 	the board shall report to the chairs and ranking minority members of the senate Health 
66.14 	and Human Services Budget Division and the house of representatives Health Care and 
66.15 	Human Services Finance Division the proposed rule and the increased cost associated 
66.16 	with the proposed rule before the board may adopt the rule.
66.17 		Subd. 1a.Disciplinary action Cease and desist orders. It shall be grounds for 
66.18 	disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 
66.19 	the Board of Pharmacy determines that any person with supervisory responsibilities at the 
66.20 	pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 
66.21 	review and patient counseling as required by rules adopted under subdivision 1. The 
66.22 	Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 
66.23 	taken under this section. (a) Whenever it appears to the board that a person has engaged in 
66.24 	an act or practice constituting a violation of a law, rule, or other order related to the duties 
66.25 	and responsibilities entrusted to the board, the board may issue and cause to be served 
66.26 	upon the person an order requiring the person to cease and desist from violations.
66.27 	(b) The cease and desist order must state the reasons for the issuance of the order 
66.28 	and must give reasonable notice of the rights of the person to request a hearing before 
66.29 	an administrative law judge. A hearing must be held not later than ten days after the 
66.30 	request for the hearing is received by the board. After the completion of the hearing, 
66.31 	the administrative law judge shall issue a report within ten days. Within 15 days after 
66.32 	receiving the report of the administrative law judge, the board shall issue a further order 
66.33 	vacating or making permanent the cease and desist order. The time periods provided in 
66.34 	this provision may be waived by agreement of the executive director of the board and the 
66.35 	person against whom the cease and desist order was issued. If the person to whom a cease 
66.36 	and desist order is issued fails to appear at the hearing after being duly notified, the person 
67.1 	is in default, and the proceeding may be determined against that person upon consideration 
67.2 	of the cease and desist order, the allegations of which may be considered to be true. Unless 
67.3 	otherwise provided, all hearings must be conducted according to chapter 14. The board 
67.4 	may adopt rules of procedure concerning all proceedings conducted under this subdivision.
67.5 	(c) If no hearing is requested within 30 days of service of the order, the cease and 
67.6 	desist order will become permanent.
67.7 	(d) A cease and desist order issued under this subdivision remains in effect until 
67.8 	it is modified or vacated by the board. The administrative proceeding provided by this 
67.9 	subdivision, and subsequent appellate judicial review of that administrative proceeding, 
67.10 	constitutes the exclusive remedy for determining whether the board properly issued the 
67.11 	cease and desist order and whether the cease and desist order should be vacated or made 
67.12 	permanent.
67.13 		Subd. 1b.Enforcement of violations of cease and desist orders. (a) Whenever 
67.14 	the board under subdivision 1a seeks to enforce compliance with a cease and desist 
67.15 	order that has been made permanent, the allegations of the cease and desist order are 
67.16 	considered conclusively established for purposes of proceeding under subdivision 1a for 
67.17 	permanent or temporary relief to enforce the cease and desist order. Whenever the board 
67.18 	under subdivision 1a seeks to enforce compliance with a cease and desist order when a 
67.19 	hearing or hearing request on the cease and desist order is pending, or the time has not 
67.20 	yet expired to request a hearing on whether a cease and desist order should be vacated or 
67.21 	made permanent, the allegations in the cease and desist order are considered conclusively 
67.22 	established for the purposes of proceeding under subdivision 1a for temporary relief to 
67.23 	enforce the cease and desist order.
67.24 	(b) Notwithstanding this subdivision or subdivision 1a, the person against whom 
67.25 	the cease and desist order is issued and who has requested a hearing under subdivision 1a 
67.26 	may, within 15 days after service of the cease and desist order, bring an action in Ramsey 
67.27 	County District Court for issuance of an injunction to suspend enforcement of the cease 
67.28 	and desist order pending a final decision of the board under subdivision 1a to vacate or 
67.29 	make permanent the cease and desist order. The court shall determine whether to issue 
67.30 	such an injunction based on traditional principles of temporary relief.
67.31 		Subd. 2.Application. In the case of a facility licensed or registered by the board, 
67.32 	the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 
67.33 	shall also apply to the following:
67.34 	(1) In the case of a partnership, each partner thereof;
67.35 	(2) In the case of an association, each member thereof;
68.1 	(3) In the case of a corporation, each officer or director thereof and each shareholder 
68.2 	owning 30 percent or more of the voting stock of such corporation.
68.3 		Subd. 3.Application of Administrative Procedure Act. The board shall comply 
68.4 	with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 
68.5 	license or registration issued under this chapter.
68.6 		Subd. 4.Reinstatement. Any license or registration which has been suspended 
68.7 	or revoked may be reinstated by the board provided the holder thereof shall pay all costs 
68.8 	of the proceedings resulting in the suspension or revocation, and, in addition thereto, 
68.9 	pay a fee set by the board.
68.10 		Subd. 5.Costs; penalties. The board may impose a civil penalty not exceeding 
68.11 	$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 
68.12 	to deprive a licensee or registrant of any economic advantage gained by reason of 
68.13 	the violation, to discourage similar violations by the licensee or registrant or any other 
68.14 	licensee or registrant, or to reimburse the board for the cost of the investigation and 
68.15 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
68.16 	Administrative Hearings, legal and investigative services provided by the Office of the 
68.17 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
68.18 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
68.19 	staff and board members.

68.20 	Sec. 3. [151.071] DISCIPLINARY ACTION.
68.21 		Subdivision 1.Forms of disciplinary action. When the board finds that a licensee, 
68.22 	registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may 
68.23 	do one or more of the following:
68.24 	(1) deny the issuance of a license or registration;
68.25 	(2) refuse to renew a license or registration;
68.26 	(3) revoke the license or registration;
68.27 	(4) suspend the license or registration;
68.28 	(5) impose limitations, conditions, or both on the license or registration, including 
68.29 	but not limited to: the limitation of practice to designated settings; the limitation of the 
68.30 	scope of practice within designated settings; the imposition of retraining or rehabilitation 
68.31 	requirements; the requirement of practice under supervision; the requirement of 
68.32 	participation in a diversion program such as that established pursuant to section 214.31 
68.33 	or the conditioning of continued practice on demonstration of knowledge or skills by 
68.34 	appropriate examination or other review of skill and competence;
69.1 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, the 
69.2 	amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any 
69.3 	economic advantage gained by reason of the violation, to discourage similar violations 
69.4 	by the licensee or registrant or any other licensee or registrant, or to reimburse the board 
69.5 	for the cost of the investigation and proceeding, including but not limited to, fees paid 
69.6 	for services provided by the Office of Administrative Hearings, legal and investigative 
69.7 	services provided by the Office of the Attorney General, court reporters, witnesses, 
69.8 	reproduction of records, board members' per diem compensation, board staff time, and 
69.9 	travel costs and expenses incurred by board staff and board members; and
69.10 	(7) reprimand the licensee or registrant.
69.11 		Subd. 2.Grounds for disciplinary action. The following conduct is prohibited and 
69.12 	is grounds for disciplinary action:
69.13 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
69.14 	or registration contained in this chapter or the rules of the board. The burden of proof is on 
69.15 	the applicant to demonstrate such qualifications or satisfaction of such requirements;
69.16 	(2) obtaining a license by fraud or by misleading the board in any way during 
69.17 	the application process or obtaining a license by cheating, or attempting to subvert 
69.18 	the licensing examination process. Conduct that subverts or attempts to subvert the 
69.19 	licensing examination process includes, but is not limited to: (i) conduct that violates the 
69.20 	security of the examination materials, such as removing examination materials from the 
69.21 	examination room or having unauthorized possession of any portion of a future, current, 
69.22 	or previously administered licensing examination; (ii) conduct that violates the standard of 
69.23 	test administration, such as communicating with another examinee during administration 
69.24 	of the examination, copying another examinee's answers, permitting another examinee 
69.25 	to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an 
69.26 	examinee or permitting an impersonator to take the examination on one's own behalf;
69.27 	(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a 
69.28 	pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist 
69.29 	intern registration, conviction of a felony reasonably related to the practice of pharmacy. 
69.30 	Conviction as used in this subdivision includes a conviction of an offense that if committed 
69.31 	in this state would be deemed a felony without regard to its designation elsewhere, or 
69.32 	a criminal proceeding where a finding or verdict of guilt is made or returned but the 
69.33 	adjudication of guilt is either withheld or not entered thereon. The board may delay the 
69.34 	issuance of a new license or registration if the applicant has been charged with a felony 
69.35 	until the matter has been adjudicated;
70.1 	(4) for a facility, other than a pharmacy, licensed or registered by the board, if an 
70.2 	owner or applicant is convicted of a felony reasonably related to the operation of the 
70.3 	facility. The board may delay the issuance of a new license or registration if the owner or 
70.4 	applicant has been charged with a felony until the matter has been adjudicated;
70.5 	(5) for a controlled substance researcher, conviction of a felony reasonably related 
70.6 	to controlled substances or to the practice of the researcher's profession. The board may 
70.7 	delay the issuance of a registration if the applicant has been charged with a felony until 
70.8 	the matter has been adjudicated;
70.9 	(6) disciplinary action taken by another state or by one of this state's health licensing 
70.10 	agencies:
70.11 	(i) revocation, suspension, restriction, limitation, or other disciplinary action against 
70.12 	a license or registration in another state or jurisdiction, failure to report to the board that 
70.13 	charges or allegations regarding the person's license or registration have been brought in 
70.14 	another state or jurisdiction, or having been refused a license or registration by any other 
70.15 	state or jurisdiction. The board may delay the issuance of a new license or registration if 
70.16 	an investigation or disciplinary action is pending in another state or jurisdiction until the 
70.17 	investigation or action has been dismissed or otherwise resolved; and
70.18 	(ii) revocation, suspension, restriction, limitation, or other disciplinary action against 
70.19 	a license or registration issued by another of this state's health licensing agencies, failure 
70.20 	to report to the board that charges regarding the person's license or registration have been 
70.21 	brought by another of this state's health licensing agencies, or having been refused a 
70.22 	license or registration by another of this state's health licensing agencies. The board may 
70.23 	delay the issuance of a new license or registration if a disciplinary action is pending before 
70.24 	another of this state's health licensing agencies until the action has been dismissed or 
70.25 	otherwise resolved;
70.26 	(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation 
70.27 	of any order of the board, of any of the provisions of this chapter or any rules of the 
70.28 	board or violation of any federal, state, or local law or rule reasonably pertaining to the 
70.29 	practice of pharmacy;
70.30 	(8) for a facility, other than a pharmacy, licensed by the board, violations of any 
70.31 	order of the board, of any of the provisions of this chapter or the rules of the board or 
70.32 	violation of any federal, state, or local law relating to the operation of the facility;
70.33 	(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
70.34 	the public, or demonstrating a willful or careless disregard for the health, welfare, or safety 
70.35 	of a patient; or pharmacy practice that is professionally incompetent, in that it may create 
71.1 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
71.2 	of actual injury need not be established;
71.3 	(10) aiding or abetting an unlicensed person in the practice of pharmacy, except 
71.4 	that it is not a violation of this clause for a pharmacist to supervise a properly registered 
71.5 	pharmacy technician or pharmacist intern if that person is performing duties allowed 
71.6 	by this chapter or the rules of the board;
71.7 	(11) for an individual licensed or registered by the board, adjudication as mentally ill 
71.8 	or developmentally disabled, or as a chemically dependent person, a person dangerous 
71.9 	to the public, a sexually dangerous person, or a person who has a sexual psychopathic 
71.10 	personality, by a court of competent jurisdiction, within or without this state. Such 
71.11 	adjudication shall automatically suspend a license for the duration thereof unless the 
71.12 	board orders otherwise;
71.13 	(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as 
71.14 	specified in the board's rules. In the case of a pharmacy technician, engaging in conduct 
71.15 	specified in board rules that would be unprofessional if it were engaged in by a pharmacist 
71.16 	or pharmacist intern or performing duties specifically reserved for pharmacists under this 
71.17 	chapter or the rules of the board;
71.18 	(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on 
71.19 	duty except as allowed by a variance approved by the board;
71.20 	(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and 
71.21 	safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or 
71.22 	any other type of material or as a result of any mental or physical condition, including 
71.23 	deterioration through the aging process or loss of motor skills. In the case of registered 
71.24 	pharmacy technicians, pharmacist interns, or controlled substance researchers, the 
71.25 	inability to carry out duties allowed under this chapter or the rules of the board with 
71.26 	reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, 
71.27 	narcotics, chemicals, or any other type of material or as a result of any mental or physical 
71.28 	condition, including deterioration through the aging process or loss of motor skills;
71.29 	(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical 
71.30 	gas distributor, or controlled substance researcher, revealing a privileged communication 
71.31 	from or relating to a patient except when otherwise required or permitted by law;
71.32 	(16) for a pharmacist or pharmacy, improper management of patient records, 
71.33 	including failure to maintain adequate patient records, to comply with a patient's request 
71.34 	made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report 
71.35 	required by law;
71.36 	(17) fee splitting, including without limitation:
72.1 	(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, 
72.2 	kickback, or other form of remuneration, directly or indirectly, for the referral of patients; 
72.3 	and
72.4 	(ii) referring a patient to any health care provider as defined in sections 144.291 to 
72.5 	144.298 in which the licensee or registrant has a financial or economic interest as defined 
72.6 	in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the 
72.7 	licensee's or registrant's financial or economic interest in accordance with section 144.6521;
72.8 	(18) engaging in abusive or fraudulent billing practices, including violations of the 
72.9 	federal Medicare and Medicaid laws or state medical assistance laws or rules;
72.10 	(19) engaging in conduct with a patient that is sexual or may reasonably be 
72.11 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
72.12 	demeaning to a patient;
72.13 	(20) failure to make reports as required by section 151.072 or to cooperate with an 
72.14 	investigation of the board as required by section 151.074;
72.15 	(21) knowingly providing false or misleading information that is directly related 
72.16 	to the care of a patient unless done for an accepted therapeutic purpose such as the 
72.17 	dispensing and administration of a placebo;
72.18 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
72.19 	established by any of the following:
72.20 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
72.21 	violation of section 609.215, subdivision 1 or 2;
72.22 	(ii) a copy of the record of a judgment of contempt of court for violating an 
72.23 	injunction issued under section 609.215, subdivision 4;
72.24 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
72.25 	subdivision 5; or
72.26 	(iv) a finding by the board that the person violated section 609.215, subdivision 
72.27 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
72.28 	subdivision 1 or 2;
72.29 	(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. 
72.30 	For a pharmacist intern, pharmacy technician, or controlled substance researcher, 
72.31 	performing duties permitted to such individuals by this chapter or the rules of the board 
72.32 	under a lapsed or nonrenewed registration. For a facility required to be licensed under this 
72.33 	chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
72.34 	(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or 
72.35 	discharge from the health professionals services program for reasons other than the 
72.36 	satisfactory completion of the program.
73.1 		Subd. 3.Automatic suspension. (a) A license or registration issued under this 
73.2 	chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance 
73.3 	researcher is automatically suspended if: (1) a guardian of a licensee or registrant is 
73.4 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons 
73.5 	other than the minority of the licensee or registrant; or (2) the licensee or registrant is 
73.6 	committed by order of a court pursuant to chapter 253B. The license or registration 
73.7 	remains suspended until the licensee is restored to capacity by a court and, upon petition 
73.8 	by the licensee or registrant, the suspension is terminated by the board after a hearing.
73.9 	(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the 
73.10 	board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice 
73.11 	of pharmacy, the license or registration of the regulated person may be automatically 
73.12 	suspended by the board. The license or registration will remain suspended until, upon 
73.13 	petition by the regulated individual and after a hearing, the suspension is terminated by 
73.14 	the board. The board may indefinitely suspend or revoke the license or registration of the 
73.15 	regulated individual if, after a hearing before the board, the board finds that the felonious 
73.16 	conduct would cause a serious risk of harm to the public.
73.17 	(c) For a facility that is licensed or registered by the board, upon notice to the 
73.18 	board that an owner of the facility is subject to a judgment of, or a plea of guilty to, 
73.19 	a felony reasonably related to the operation of the facility, the license or registration of 
73.20 	the facility may be automatically suspended by the board. The license or registration will 
73.21 	remain suspended until, upon petition by the facility and after a hearing, the suspension 
73.22 	is terminated by the board. The board may indefinitely suspend or revoke the license or 
73.23 	registration of the facility if, after a hearing before the board, the board finds that the 
73.24 	felonious conduct would cause a serious risk of harm to the public.
73.25 	(d) For licenses and registrations that have been suspended or revoked pursuant 
73.26 	to paragraphs (a) and (b), the regulated individual may have a license or registration 
73.27 	reinstated, either with or without restrictions, by demonstrating clear and convincing 
73.28 	evidence of rehabilitation, as provided in section 364.03. If the regulated individual has 
73.29 	the conviction subsequently overturned by court decision, the board shall conduct a 
73.30 	hearing to review the suspension within 30 days after the receipt of the court decision. 
73.31 	The regulated individual is not required to prove rehabilitation if the subsequent court 
73.32 	decision overturns previous court findings of public risk.
73.33 	(e) For licenses and registrations that have been suspended or revoked pursuant to 
73.34 	paragraph (c), the regulated facility may have a license or registration reinstated, either with 
73.35 	or without restrictions, conditions, or limitations, by demonstrating clear and convincing 
73.36 	evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the 
74.1 	convicted owner has the conviction subsequently overturned by court decision, the board 
74.2 	shall conduct a hearing to review the suspension within 30 days after receipt of the court 
74.3 	decision. The regulated facility is not required to prove rehabilitation of the convicted 
74.4 	owner if the subsequent court decision overturns previous court findings of public risk.
74.5 	(f) The board may, upon majority vote of a quorum of its appointed members, 
74.6 	suspend the license or registration of a regulated individual without a hearing if the 
74.7 	regulated individual fails to maintain a current name and address with the board, as 
74.8 	described in paragraphs (h) and (i), while the regulated individual is: (1) under board 
74.9 	investigation, and a notice of conference has been issued by the board; (2) party to a 
74.10 	contested case with the board; (3) party to an agreement for corrective action with the 
74.11 	board; or (4) under a board order for disciplinary action. The suspension shall remain 
74.12 	in effect until lifted by the board to the board's receipt of a petition from the regulated 
74.13 	individual, along with the current name and address of the regulated individual.
74.14 	(g) The board may, upon majority vote of a quorum of its appointed members, 
74.15 	suspend the license or registration of a regulated facility without a hearing if the regulated 
74.16 	facility fails to maintain a current name and address of the owner of the facility with the 
74.17 	board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under 
74.18 	board investigation, and a notice of conference has been issued by the board; (2) party 
74.19 	to a contested case with the board; (3) party to an agreement for corrective action with 
74.20 	the board; or (4) under a board order for disciplinary action. The suspension shall remain 
74.21 	in effect until lifted by the board pursuant to the board's receipt of a petition from the 
74.22 	regulated facility, along with the current name and address of the owner of the facility.
74.23 	(h) An individual licensed or registered by the board shall maintain a current name 
74.24 	and home address with the board and shall notify the board in writing within 30 days of 
74.25 	any change in name or home address. An individual regulated by the board shall also 
74.26 	maintain a current business address with the board as required by section 214.073. For 
74.27 	an individual, if a name change only is requested, the regulated individual must request 
74.28 	a revised license or registration. The board may require the individual to substantiate 
74.29 	the name change by submitting official documentation from a court of law or agency 
74.30 	authorized under law to receive and officially record a name change. In the case of an 
74.31 	individual, if an address change only is requested, no request for a revised license or 
74.32 	registration is required. If the current license or registration of an individual has been lost, 
74.33 	stolen, or destroyed, the individual shall provide a written explanation to the board.
74.34 	(i) A facility licensed or registered by the board shall maintain a current name and 
74.35 	address with the board. A facility shall notify the board in writing within 30 days of any 
74.36 	change in name. A facility licensed or registered by the board but located outside of the 
75.1 	state must notify the board within 30 days of an address change. A facility licensed or 
75.2 	registered by the board and located within the state must notify the board at least 60 
75.3 	days in advance of a change of address that will result from the move of the facility to a 
75.4 	different location and must pass an inspection at the new location as required by the board. 
75.5 	If the current license or registration of a facility has been lost, stolen, or destroyed, the 
75.6 	facility shall provide a written explanation to the board.
75.7 		Subd. 4.Effective dates. A suspension, revocation, condition, limitation, 
75.8 	qualification, or restriction of a license or registration shall be in effect pending 
75.9 	determination of an appeal.
75.10 		Subd. 5.Conditions on reissued license. In its discretion, the board may restore 
75.11 	and reissue a license or registration issued under this chapter, but as a condition thereof 
75.12 	may impose any disciplinary or corrective measure that it might originally have imposed.
75.13 		Subd. 6.Temporary suspension of license for pharmacists. In addition to any 
75.14 	other remedy provided by law, the board may, without a hearing, temporarily suspend the 
75.15 	license of a pharmacist if the board finds that the pharmacist has violated a statute or rule 
75.16 	that the board is empowered to enforce and continued practice by the pharmacist would 
75.17 	create a serious risk of harm to the public. The suspension shall take effect upon written 
75.18 	notice to the pharmacist, specifying the statute or rule violated. The suspension shall 
75.19 	remain in effect until the board issues a final order in the matter after a hearing. At the 
75.20 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
75.21 	held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with 
75.22 	at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall 
75.23 	be scheduled to begin no later than 30 days after the issuance of the suspension order.
75.24 		Subd. 7.Temporary suspension of license for pharmacist interns, pharmacy 
75.25 	technicians, and controlled substance researchers. In addition to any other remedy 
75.26 	provided by law, the board may, without a hearing, temporarily suspend the registration of 
75.27 	a pharmacist intern, pharmacy technician, or controlled substance researcher if the board 
75.28 	finds that the registrant has violated a statute or rule that the board is empowered to enforce 
75.29 	and continued registration of the registrant would create a serious risk of harm to the 
75.30 	public. The suspension shall take effect upon written notice to the registrant, specifying 
75.31 	the statute or rule violated. The suspension shall remain in effect until the board issues a 
75.32 	final order in the matter after a hearing. At the time it issues the suspension notice, the 
75.33 	board shall schedule a disciplinary hearing to be held pursuant to the Administrative 
75.34 	Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of 
75.35 	any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no 
75.36 	later than 30 days after the issuance of the suspension order.
76.1 		Subd. 8.Temporary suspension of license for pharmacies, drug wholesalers, 
76.2 	drug manufacturers, medical gas manufacturers, and medical gas distributors.
 76.3 	In addition to any other remedy provided by law, the board may, without a hearing, 
76.4 	temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug 
76.5 	manufacturer, medical gas manufacturer, or medical gas distributor if the board finds 
76.6 	that the licensee or registrant has violated a statute or rule that the board is empowered 
76.7 	to enforce and continued operation of the licensed facility would create a serious risk of 
76.8 	harm to the public. The suspension shall take effect upon written notice to the licensee or 
76.9 	registrant, specifying the statute or rule violated. The suspension shall remain in effect 
76.10 	until the board issues a final order in the matter after a hearing. At the time it issues the 
76.11 	suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to 
76.12 	the Administrative Procedure Act. The licensee or registrant shall be provided with at 
76.13 	least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
76.14 	scheduled to begin no later than 30 days after the issuance of the suspension order.
76.15 		Subd. 9.Evidence. In disciplinary actions alleging a violation of subdivision 2, 
76.16 	clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court 
76.17 	administrator or of the administrative agency that entered the same shall be admissible 
76.18 	into evidence without further authentication and shall constitute prima facie evidence 
76.19 	of the contents thereof.
76.20 		Subd. 10.Mental or physical examination. If the board has probable cause to 
76.21 	believe that an individual licensed or registered by the board falls under subdivision 2, 
76.22 	clause (14), it may direct the individual to submit to a mental or physical examination. 
76.23 	For the purpose of this subdivision, every licensed or registered individual is deemed to 
76.24 	have consented to submit to a mental or physical examination when directed in writing by 
76.25 	the board and further to have waived all objections to the admissibility of the examining 
76.26 	practitioner's testimony or examination reports on the grounds that the same constitute 
76.27 	a privileged communication. Failure of a licensed or registered individual to submit to 
76.28 	an examination when directed constitutes an admission of the allegations against the 
76.29 	individual, unless the failure was due to circumstances beyond the individual's control, in 
76.30 	which case a default and final order may be entered without the taking of testimony or 
76.31 	presentation of evidence. Pharmacists affected under this paragraph shall at reasonable 
76.32 	intervals be given an opportunity to demonstrate that they can resume the competent 
76.33 	practice of the profession of pharmacy with reasonable skill and safety to the public. 
76.34 	Pharmacist interns, pharmacy technicians, or controlled substance researchers affected 
76.35 	under this paragraph shall at reasonable intervals be given an opportunity to demonstrate 
76.36 	that they can competently resume the duties that can be performed, under this chapter or 
77.1 	the rules of the board, by similarly registered persons with reasonable skill and safety to 
77.2 	the public. In any proceeding under this paragraph, neither the record of proceedings nor 
77.3 	the orders entered by the board shall be used against a licensed or registered individual 
77.4 	in any other proceeding.
77.5 		Subd. 11.Tax clearance certificate. (a) In addition to the provisions of subdivision 
77.6 	1, the board may not issue or renew a license or registration if the commissioner of 
77.7 	revenue notifies the board and the licensee or applicant for a license that the licensee or 
77.8 	applicant owes the state delinquent taxes in the amount of $500 or more. The board may 
77.9 	issue or renew the license or registration only if (1) the commissioner of revenue issues a 
77.10 	tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or 
77.11 	applicant forwards a copy of the clearance to the board. The commissioner of revenue 
77.12 	may issue a clearance certificate only if the licensee, registrant, or applicant does not owe 
77.13 	the state any uncontested delinquent taxes.
77.14 	(b) For purposes of this subdivision, the following terms have the meanings given.
77.15 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
77.16 	and interest due on those taxes.
77.17 	(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court 
77.18 	action that contests the amount or validity of the liability has been filed or served, (ii) the 
77.19 	appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant 
77.20 	has entered into a payment agreement to pay the liability and is current with the payments.
77.21 	(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, 
77.22 	registrant, or applicant is required to obtain a clearance certificate under this subdivision, 
77.23 	a contested case hearing must be held if the licensee or applicant requests a hearing in 
77.24 	writing to the commissioner of revenue within 30 days of the date of the notice provided 
77.25 	in paragraph (a). The hearing must be held within 45 days of the date the commissioner of 
77.26 	revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law 
77.27 	to the contrary, the licensee or applicant must be served with 20 days' notice in writing 
77.28 	specifying the time and place of the hearing and the allegations against the licensee or 
77.29 	applicant. The notice may be served personally or by mail.
77.30 	(d) A licensee or applicant must provide the licensee's or applicant's Social Security 
77.31 	number and Minnesota business identification number on all license applications. Upon 
77.32 	request of the commissioner of revenue, the board must provide to the commissioner of 
77.33 	revenue a list of all licensees and applicants that includes the licensee's or applicant's 
77.34 	name, address, Social Security number, and business identification number. The 
77.35 	commissioner of revenue may request a list of the licensees and applicants no more than 
77.36 	once each calendar year.
78.1 		Subd. 12.Limitation. No board proceeding against a regulated person or facility 
78.2 	shall be instituted unless commenced within seven years from the date of the commission 
78.3 	of some portion of the offense or misconduct complained of except for alleged violations 
78.4 	of subdivision 2, clause (21).

78.5 	Sec. 4. [151.072] REPORTING OBLIGATIONS.
78.6 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
78.7 	constituting grounds for discipline under the provisions of this chapter or the rules of the 
78.8 	board may report the violation to the board.
78.9 		Subd. 2.Pharmacies. A pharmacy located in this state must report to the board any 
78.10 	discipline that is related to an incident involving conduct that would constitute grounds 
78.11 	for discipline under the provisions of this chapter or the rules of the board, that is taken 
78.12 	by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or 
78.13 	pharmacy technician, including the termination of employment of the individual or the 
78.14 	revocation, suspension, restriction, limitation, or conditioning of an individual's ability 
78.15 	to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the 
78.16 	resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of 
78.17 	any disciplinary proceeding, or prior to the commencement of formal charges but after the 
78.18 	individual had knowledge that formal charges were contemplated or in preparation. Each 
78.19 	report made under this subdivision must state the nature of the action taken and state in 
78.20 	detail the reasons for the action. Failure to report violations as required by this subdivision 
78.21 	is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
78.22 		Subd. 3.Licensees and registrants of the board. A licensee or registrant of 
78.23 	the board shall report to the board personal knowledge of any conduct that the person 
78.24 	reasonably believes constitutes grounds for disciplinary action under this chapter or 
78.25 	the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or 
78.26 	controlled substance researcher, including any conduct indicating that the person may be 
78.27 	professionally incompetent, or may have engaged in unprofessional conduct or may be 
78.28 	medically or physically unable to engage safely in the practice of pharmacy or to carry 
78.29 	out the duties permitted to the person by this chapter or the rules of the board. Failure 
78.30 	to report violations as required by this subdivision is a basis for discipline pursuant to 
78.31 	section 151.071, subdivision 2, clause (20).
78.32 		Subd. 4.Self-reporting. A licensee or registrant of the board shall report to the 
78.33 	board any personal action that would require that a report be filed with the board pursuant 
78.34 	to subdivision 2.
79.1 		Subd. 5.Deadlines; forms. Reports required by subdivisions 2 to 4 must be 
79.2 	submitted not later than 30 days after the occurrence of the reportable event or transaction. 
79.3 	The board may provide forms for the submission of reports required by this section, may 
79.4 	require that reports be submitted on the forms provided, and may adopt rules necessary 
79.5 	to assure prompt and accurate reporting.
79.6 		Subd. 6.Subpoenas. The board may issue subpoenas for the production of any 
79.7 	reports required by subdivisions 2 to 4 or any related documents.

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

79.14 	Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
79.15 	An individual who is licensed or registered by the board, who is the subject of an 
79.16 	investigation by or on behalf of the board, shall cooperate fully with the investigation. 
79.17 	An owner or employee of a facility that is licensed or registered by the board, when the 
79.18 	facility is the subject of an investigation by or on behalf of the board, shall cooperate 
79.19 	fully with the investigation. Cooperation includes responding fully and promptly to any 
79.20 	question raised by, or on behalf of, the board relating to the subject of the investigation and 
79.21 	providing copies of patient pharmacy records and other relevant records, as reasonably 
79.22 	requested by the board, to assist the board in its investigation. The board shall maintain 
79.23 	any records obtained pursuant to this section as investigative data pursuant to chapter 13.

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

79.28 	Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
79.29 	151.211 RECORDS OF PRESCRIPTIONS.
79.30 		Subdivision 1.Retention of prescription drug orders. All prescriptions dispensed
79.31 	 prescription drug orders shall be kept on file at the location in from which such dispensing 
79.32 	occurred of the ordered drug occurs for a period of at least two years. Prescription drug 
80.1 	orders that are electronically prescribed must be kept on file in the format in which 
80.2 	they were originally received. Written or printed prescription drug orders and verbal 
80.3 	prescription drug orders reduced to writing, must be kept on file as received or transcribed, 
80.4 	except that such orders may be kept in an electronic format as allowed by the board. 
80.5 	Electronic systems used to process and store prescription drug orders must be compliant 
80.6 	with the requirements of this chapter and the rules of the board. Prescription drug orders 
80.7 	that are stored in an electronic format, as permitted by this subdivision, may be kept on 
80.8 	file at a remote location provided that they are readily and securely accessible from the 
80.9 	location at which dispensing of the ordered drug occurred.
80.10 		Subd. 2.Refill requirements. No A prescription shall drug order may be refilled 
80.11 	except only with the written, electronic, or verbal consent of the prescriber and in 
80.12 	accordance with the requirements of this chapter, the rules of the board, and where 
80.13 	applicable, section 152.11. The date of such refill must be recorded and initialed upon 
80.14 	the original prescription drug order, or within the electronically maintained record of the 
80.15 	original prescription drug order, by the pharmacist, pharmacist intern, or practitioner 
80.16 	who refills the prescription.

80.17 	Sec. 9. [151.251] COMPOUNDING.
80.18 		Subdivision 1.Exemption from manufacturing licensure requirement. Section 
80.19 	151.252 shall not apply to:
80.20 	(1) a practitioner engaged in extemporaneous compounding, anticipatory 
80.21 	compounding, or compounding not done pursuant to a prescription drug order when 
80.22 	permitted by this chapter or the rules of the board; and
80.23 	(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, 
80.24 	anticipatory compounding, or compounding not done pursuant to a prescription drug order 
80.25 	when permitted by this chapter or the rules of the board.
80.26 		Subd. 2.Compounded drug. A drug product may be compounded under this 
80.27 	section if a pharmacist or practitioner:
80.28 	(a) compounds the drug product using bulk drug substances, as defined in the federal 
80.29 	regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
80.30 	(1) that:
80.31 	(i) comply with the standards of an applicable United States Pharmacopoeia 
80.32 	or National Formulary monograph, if a monograph exists, and the United States 
80.33 	Pharmacopoeia chapter on pharmacy compounding;
81.1 	(ii) if such a monograph does not exist, are drug substances that are components of 
81.2 	drugs approved for use in this country by the United States Food and Drug Administration; 
81.3 	or
81.4 	(iii) if such a monograph does not exist and the drug substance is not a component of 
81.5 	a drug approved for use in this country by the United States Food and Drug Administration, 
81.6 	that appear on a list developed by the United States Food and Drug Administration through 
81.7 	regulations issued by the secretary of the federal Department of Health and Human Services 
81.8 	pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
81.9 	(2) that are manufactured by an establishment that is registered under section 360 
81.10 	of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is 
81.11 	registered under section 360(i) of that act; and
81.12 	(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
81.13 	(b) compounds the drug product using ingredients, other than bulk drug substances, 
81.14 	that comply with the standards of an applicable United States Pharmacopoeia or National 
81.15 	Formulary monograph, if a monograph exists, and the United States Pharmacopoeia 
81.16 	chapters on pharmacy compounding;
81.17 	(c) does not compound a drug product that appears on a list published by the secretary 
81.18 	of the federal Department of Health and Human Services in the Federal Register of drug 
81.19 	products that have been withdrawn or removed from the market because such drug products 
81.20 	or components of such drug products have been found to be unsafe or not effective;
81.21 	(d) does not compound any drug products that are essentially copies of a 
81.22 	commercially available drug product; and
81.23 	(e) does not compound any drug product that has been identified pursuant to 
81.24 	United States Code, title 21, section 353a, as a drug product that presents demonstrable 
81.25 	difficulties for compounding that reasonably demonstrate an adverse effect on the safety 
81.26 	or effectiveness of that drug product.
81.27 	The term "essentially a copy of a commercially available drug product" does not 
81.28 	include a drug product in which there is a change, made for an identified individual 
81.29 	patient, that produces for that patient a significant difference, as determined by the 
81.30 	prescribing practitioner, between the compounded drug and the comparable commercially 
81.31 	available drug product.
81.32 		Subd. 3.Exceptions. This section shall not apply to:
81.33 	(1) compounded positron emission tomography drugs as defined in section 151.01, 
81.34 	subdivision 38; or
81.35 	(2) radiopharmaceuticals.

82.1 	Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding 
82.2 	a subdivision to read:
82.3 		Subd. 1a.Outsourcing facility. (a) No person shall act as an outsourcing facility 
82.4 	without first obtaining a license from the board and paying any applicable manufacturer 
82.5 	licensing fee specified in section 151.065.
82.6 	(b) Application for an outsourcing facility license under this section shall be made 
82.7 	in a manner specified by the board and may differ from the application required of other 
82.8 	drug manufacturers.
82.9 	(c) No license shall be issued or renewed for an outsourcing facility unless the 
82.10 	applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and 
82.11 	state law and according to Minnesota Rules.
82.12 	(d) No license shall be issued or renewed for an outsourcing facility unless the 
82.13 	applicant supplies the board with proof of such registration by the United States Food and 
82.14 	Drug Administration as required by United States Code, title 21, section 353b.
82.15 	(e) No license shall be issued or renewed for an outsourcing facility that is required 
82.16 	to be licensed or registered by the state in which it is physically located unless the 
82.17 	applicant supplies the board with proof of such licensure or registration. The board may 
82.18 	establish, by rule, standards for the licensure of an outsourcing facility that is not required 
82.19 	to be licensed or registered by the state in which it is physically located.
82.20 	(f) The board shall require a separate license for each outsourcing facility located 
82.21 	within the state and for each outsourcing facility located outside of the state at which drugs 
82.22 	that are shipped into the state are prepared.
82.23 	(g) The board shall not issue an initial or renewed license for an outsourcing facility 
82.24 	unless the facility passes an inspection conducted by an authorized representative of the 
82.25 	board. In the case of an outsourcing facility located outside of the state, the board may 
82.26 	require the applicant to pay the cost of the inspection, in addition to the license fee in 
82.27 	section 151.065, unless the applicant furnishes the board with a report, issued by the 
82.28 	appropriate regulatory agency of the state in which the facility is located or by the United 
82.29 	States Food and Drug Administration, of an inspection that has occurred within the 24 
82.30 	months immediately preceding receipt of the license application by the board. The board 
82.31 	may deny licensure unless the applicant submits documentation satisfactory to the board 
82.32 	that any deficiencies noted in an inspection report have been corrected.

82.33 	Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
82.34 	151.26 EXCEPTIONS.
83.1 		Subdivision 1.Generally. Nothing in this chapter shall subject a person duly 
83.2 	licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 
83.3 	by the State Board of Pharmacy, nor prevent the person from administering drugs, 
83.4 	medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 
83.5 	practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 
83.6 	chemicals, or poisons as may be considered appropriate in the treatment of such patient; 
83.7 	unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 
83.8 	provides reasonable notice of an inspection.
83.9 	Except for the provisions of section 151.37, nothing in this chapter applies to or 
83.10 	interferes with the dispensing, in its original package and at no charge to the patient, of a 
83.11 	legend drug, other than a controlled substance, that was packaged by a manufacturer and 
83.12 	provided to the dispenser for distribution as a professional sample.
83.13 	Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 
83.14 	poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 
83.15 	practice, nor to hospitals for use therein.
83.16 	Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 
83.17 	at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 
83.18 	sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 
83.19 	this chapter shall prevent the sale of common household preparations and other drugs, 
83.20 	chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided 
83.21 	that this exception does not apply to any compound, substance, or derivative that is not 
83.22 	approved for human consumption by the United States Food and Drug Administration 
83.23 	or specifically permitted for human consumption under Minnesota law that, when 
83.24 	introduced into the body, induces an effect similar to that of a Schedule I or Schedule II 
83.25 	controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, 
83.26 	parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the 
83.27 	purpose of human consumption.
83.28 	Nothing in this chapter shall apply to or interfere with the vending or retailing of 
83.29 	any nonprescription medicine or drug not otherwise prohibited by statute which that is 
83.30 	prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 
83.31 	labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 
83.32 	to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 
83.33 	cosmetics, perfumes, spices, and other commonly used household articles of a chemical 
83.34 	nature, for use for nonmedicinal purposes.; provided that this exception does not apply 
83.35 	to any compound, substance, or derivative that is not approved for human consumption 
83.36 	by the United States Food and Drug Administration or specifically permitted for human 
84.1 	consumption under Minnesota law that, when introduced into the body, induces an effect 
84.2 	similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, 
84.3 	subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of 
84.4 	whether the substance is marketed for the purpose of human consumption. Nothing in 
84.5 	this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 
84.6 	discount to persons over 65 years of age.

84.7 	Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
84.8 	151.34 PROHIBITED ACTS.
84.9 	It shall be unlawful to:
84.10 	(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated 
84.11 	or misbranded;
84.12 	(2) adulterate or misbrand any drug;
84.13 	(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or 
84.14 	proffer delivery thereof for pay or otherwise;
84.15 	(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to 
84.16 	permit access to or copying of any record as authorized by this chapter;
84.17 	(5) remove or dispose of a detained or embargoed article in violation of this chapter;
84.18 	(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling 
84.19 	of, or to do any other act with respect to a drug, if such act is done while such drug is held 
84.20 	for sale and results in such drug being adulterated or misbranded;
84.21 	(7) use for a person's own advantage or to reveal other than to the board or its 
84.22 	authorized representative or to the courts when required in any judicial proceeding under 
84.23 	this chapter any information acquired under authority of this chapter concerning any 
84.24 	method or process which that is a trade secret and entitled to protection;
84.25 	(8) use on the labeling of any drug any representation or suggestion that an 
84.26 	application with respect to such drug is effective under the federal act or that such drug 
84.27 	complies with such provisions;
84.28 	(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale 
84.29 	within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed 
84.30 	by applicable law to administer such drug who makes written request for information as to 
84.31 	such drug, true and correct copies of all printed matter which that is required to be included 
84.32 	in any package in which that drug is distributed or sold, or such other printed matter as is 
84.33 	approved under the federal act. Nothing in this paragraph shall be construed to exempt 
84.34 	any person from any labeling requirement imposed by or under provisions of this chapter;
84.35 	(10) conduct a pharmacy without a pharmacist in charge;
85.1 	(11) dispense a legend drug without first obtaining a valid prescription for that drug;
85.2 	(12) conduct a pharmacy without proper registration with the board;
85.3 	(13) practice pharmacy without being licensed to do so by the board; or
85.4 	(14) sell at retail federally restricted medical gases without proper registration with 
85.5 	the board except as provided in this chapter.; or
85.6 	(15) sell any compound, substance, or derivative that is not approved for human 
85.7 	consumption by the United States Food and Drug Administration or specifically permitted 
85.8 	for human consumption under Minnesota law that, when introduced into the body, induces 
85.9 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
85.10 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
85.11 	regardless of whether the substance is marketed for the purpose of human consumption.

85.12 	Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
85.13 	151.35 DRUGS, ADULTERATION.
85.14 	A drug shall be deemed to be adulterated:
85.15 	(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or 
85.16 	if it has been produced, prepared, packed, or held under unsanitary conditions whereby it 
85.17 	may have been rendered injurious to health, or whereby it may have been contaminated 
85.18 	with filth; or if the methods used in, or the facilities or controls used for, its manufacture, 
85.19 	processing, packing, or holding do not conform to or are not operated or administered 
85.20 	in conformity with current good manufacturing practice as required under the federal 
85.21 	act to assure that such drug is safe and has the identity, strength, quality, and purity 
85.22 	characteristics, which it purports or is represented to possess; or the facility in which it 
85.23 	was produced was not registered by the United States Food and Drug Administration or 
85.24 	licensed by the board; or, its container is composed, in whole or in part, of any poisonous 
85.25 	or deleterious substance which may render the contents injurious to health; or it bears 
85.26 	or contains, for purposes of coloring only, a color additive which is unsafe within the 
85.27 	meaning of the federal act, or it is a color additive, the intended use of which in or on drugs 
85.28 	is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
85.29 	(2) if it purports to be or is represented as a drug the name of which is recognized in 
85.30 	the United States Pharmacopoeia or the National Formulary, and its strength differs from, 
85.31 	or its quality or purity falls below, the standard set forth therein. Such determination as 
85.32 	to strength, quality, or purity shall be made in accordance with the tests or methods of 
85.33 	assay set forth in such compendium, or in the absence of or inadequacy of such tests or 
85.34 	methods of assay, those prescribed under authority of the federal act. No drug defined 
85.35 	in the United States Pharmacopoeia or the National Formulary shall be deemed to be 
86.1 	adulterated under this paragraph because it differs from the standard of strength, quality, 
86.2 	or purity therefor set forth in such compendium, if its difference in strength, quality, or 
86.3 	purity from such standard is plainly stated on its label;
86.4 	(3) if it is not subject to the provisions of paragraph (2) of this section and its 
86.5 	strength differs from, or its purity or quality differs from that which it purports or is 
86.6 	represented to possess;
86.7 	(4) if any substance has been mixed or packed therewith so as to reduce its quality or 
86.8 	strength, or substituted wholly or in part therefor.

86.9 	Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
86.10 		Subd. 2.After January 1, 1983. (a) No legend drug in solid oral dosage form 
86.11 	may be manufactured, packaged or distributed for sale in this state after January 1, 1983 
86.12 	unless it is clearly marked or imprinted with a symbol, number, company name, words, 
86.13 	letters, national drug code or other mark uniquely identifiable to that drug product. An 
86.14 	identifying mark or imprint made as required by federal law or by the federal Food and 
86.15 	Drug Administration shall be deemed to be in compliance with this section.
86.16 	(b) The Board of Pharmacy may grant exemptions from the requirements of this 
86.17 	section on its own initiative or upon application of a manufacturer, packager, or distributor 
86.18 	indicating size or other characteristics which that render the product impractical for the 
86.19 	imprinting required by this section.
86.20 	(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
86.21 	(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 
86.22 	January 1, 1983, and held in stock for resale.
86.23 	(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 
86.24 	law to prescribe or administer drugs and which are to be used solely by the patient for 
86.25 	whom prescribed.

86.26 	Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 
86.27 	43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 
86.28 	10, section 5, is amended to read:
86.29 	151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
86.30 		Subdivision 1.Prohibition. Except as otherwise provided in this chapter, it shall be 
86.31 	unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 
86.32 	distribute a legend drug.
86.33 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
86.34 	professional practice only, may prescribe, administer, and dispense a legend drug, and 
87.1 	may cause the same to be administered by a nurse, a physician assistant, or medical 
87.2 	student or resident under the practitioner's direction and supervision, and may cause a 
87.3 	person who is an appropriately certified, registered, or licensed health care professional 
87.4 	to prescribe, dispense, and administer the same within the expressed legal scope of the 
87.5 	person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 
87.6 	legend drug, without reference to a specific patient, by directing a licensed dietitian or 
87.7 	licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 
87.8 	subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 
87.9 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
87.10 	protocol when treating patients whose condition falls within such guideline or protocol, 
87.11 	and when such guideline or protocol specifies the circumstances under which the legend 
87.12 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
87.13 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
87.14 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
87.15 	assistant only if the physician assistant meets the requirements of section 147A.18.
87.16 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
87.17 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
87.18 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
87.19 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
87.20 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
87.21 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
87.22 	to control tuberculosis and other communicable diseases. The commissioner may modify 
87.23 	state drug labeling requirements, and medical screening criteria and documentation, where 
87.24 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
87.25 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
87.26 	and mortality.
87.27 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
87.28 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
87.29 	file with the practitioner's licensing board a statement indicating that the practitioner 
87.30 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
87.31 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
87.32 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
87.33 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
87.34 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
87.35 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
87.36 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
88.1 	making the drug available if the legend drug requires compounding, packaging, or other 
88.2 	treatment. The statement filed under this paragraph is public data under section 13.03. 
88.3 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
88.4 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
88.5 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
88.6 	To dispense for profit does not include dispensing by a community health clinic when the 
88.7 	profit from dispensing is used to meet operating expenses.
88.8 	(d) A prescription or drug order for the following drugs is not valid, unless it can 
88.9 	be established that the prescription or drug order was based on a documented patient 
88.10 	evaluation, including an examination, adequate to establish a diagnosis and identify 
88.11 	underlying conditions and contraindications to treatment:
88.12 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
88.13 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
88.14 	152.02, subdivisions 7, 8, and 12;
88.15 	(3) muscle relaxants;
88.16 	(4) centrally acting analgesics with opioid activity;
88.17 	(5) drugs containing butalbital; or
88.18 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
88.19 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
88.20 	met if an in-person examination has been completed in any of the following circumstances:
88.21 	(1) the prescribing practitioner examines the patient at the time the prescription 
88.22 	or drug order is issued;
88.23 	(2) the prescribing practitioner has performed a prior examination of the patient;
88.24 	(3) another prescribing practitioner practicing within the same group or clinic as the 
88.25 	prescribing practitioner has examined the patient;
88.26 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
88.27 	patient has examined the patient; or
88.28 	(5) the referring practitioner has performed an examination in the case of a 
88.29 	consultant practitioner issuing a prescription or drug order when providing services by 
88.30 	means of telemedicine.
88.31 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
88.32 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
88.33 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
88.34 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
88.35 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
88.36 	United States Centers for Disease Control.
89.1 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
89.2 	of legend drugs through a public health clinic or other distribution mechanism approved 
89.3 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
89.4 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
89.5 	biological, chemical, or radiological agent.
89.6 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
89.7 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
89.8 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
89.9 	valid under paragraph (d).
89.10 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
89.11 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
89.12 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
89.13 	expected to know, is not valid under paragraph (d).
89.14 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
89.15 	practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 
89.16 	a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 
89.17 	treatment of a communicable disease according to the Centers For Disease Control and 
89.18 	Prevention Partner Services Guidelines.
89.19 		Subd. 2a.Delegation. A supervising physician may delegate to a physician assistant 
89.20 	who is registered with the Board of Medical Practice and certified by the National 
89.21 	Commission on Certification of Physician Assistants and who is under the supervising 
89.22 	physician's supervision, the authority to prescribe, dispense, and administer legend drugs 
89.23 	and medical devices, subject to the requirements in chapter 147A and other requirements 
89.24 	established by the Board of Medical Practice in rules.
89.25 		Subd. 3.Veterinarians. A licensed doctor of veterinary medicine, in the course of 
89.26 	professional practice only and not for use by a human being, may personally prescribe, 
89.27 	administer, and dispense a legend drug, and may cause the same to be administered or 
89.28 	dispensed by an assistant under the doctor's direction and supervision.
89.29 		Subd. 4.Research. (a) Any qualified person may use legend drugs in the course 
89.30 	of a bona fide research project, but cannot administer or dispense such drugs to human 
89.31 	beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 
89.32 	authorized to do so.
89.33 	(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 
89.34 	use by, or administration to, patients enrolled in a bona fide research study that is being 
89.35 	conducted pursuant to either an investigational new drug application approved by the 
90.1 	United States Food and Drug Administration or that has been approved by an institutional 
90.2 	review board. For the purposes of this subdivision only:
90.3 	(1) a prescription drug order is not required for a pharmacy to dispense a research 
90.4 	drug, unless the study protocol requires the pharmacy to receive such an order;
90.5 	(2) notwithstanding the prescription labeling requirements found in this chapter or 
90.6 	the rules promulgated by the board, a research drug may be labeled as required by the 
90.7 	study protocol; and
90.8 	(3) dispensing and distribution of research drugs by pharmacies shall not be 
90.9 	considered compounding, manufacturing, or wholesaling under this chapter.; and
90.10 	(4) a pharmacy may compound drugs for research studies as provided in 
90.11 	this subdivision but must follow applicable standards established by United States 
90.12 	Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
90.13 	(c) An entity that is under contract to a federal agency for the purpose of distributing 
90.14 	drugs for bona fide research studies is exempt from the drug wholesaler licensing 
90.15 	requirements of this chapter. Any other entity is exempt from the drug wholesaler 
90.16 	licensing requirements of this chapter if the board finds that the entity is licensed or 
90.17 	registered according to the laws of the state in which it is physically located and it is 
90.18 	distributing drugs for use by, or administration to, patients enrolled in a bona fide research 
90.19 	study that is being conducted pursuant to either an investigational new drug application 
90.20 	approved by the United States Food and Drug Administration or that has been approved 
90.21 	by an institutional review board.
90.22 		Subd. 5.Exclusion for course of practice. Nothing in this chapter shall prohibit 
90.23 	the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 
90.24 	manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 
90.25 	bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 
90.26 	practitioners while acting within the course of their practice only.
90.27 		Subd. 6.Exclusion for course of employment. (a) Nothing in this chapter shall 
90.28 	prohibit the possession of a legend drug by an employee, agent, or sales representative of 
90.29 	a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 
90.30 	or registered pharmacy, while acting in the course of employment.
90.31 	(b) Nothing in this chapter shall prohibit the following entities from possessing a 
90.32 	legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
90.33 	(1) a law enforcement officer;
90.34 	(2) a hazardous waste transporter licensed by the Department of Transportation;
90.35 	(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 
90.36 	hazardous waste, including household hazardous waste;
91.1 	(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 
91.2 	very small quantity generator collection program or a minimal generator;
91.3 	(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 
91.4 	a program in compliance with applicable federal law or a person authorized by the county 
91.5 	to conduct one or more of these activities; or
91.6 	(6) a sanitary district organized under chapter 115, or a special law.
91.7 		Subd. 7.Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 
91.8 	possession of a legend drug by a person for that person's use when it has been dispensed to 
91.9 	the person in accordance with a valid prescription issued by a practitioner.
91.10 	(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 
91.11 	been dispensed in accordance with a written or oral prescription by a practitioner, from 
91.12 	designating a family member, caregiver, or other individual to handle the legend drug for 
91.13 	the purpose of assisting the person in obtaining or administering the drug or sending 
91.14 	the drug for destruction.
91.15 	(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 
91.16 	been dispensed in accordance with a valid prescription issued by a practitioner from 
91.17 	transferring the legend drug to a county that collects, stores, transports, or disposes of a 
91.18 	legend drug pursuant to a program in compliance with applicable federal law or to a 
91.19 	person authorized by the county to conduct one or more of these activities.
91.20 		Subd. 8.Misrepresentation. It is unlawful for a person to procure, attempt to 
91.21 	procure, possess, or control a legend drug by any of the following means:
91.22 	(1) deceit, misrepresentation, or subterfuge;
91.23 	(2) using a false name; or
91.24 	(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 
91.25 	wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 
91.26 	obtaining a legend drug.
91.27 		Subd. 9.Exclusion for course of laboratory employment. Nothing in this chapter 
91.28 	shall prohibit the possession of a legend drug by an employee or agent of a registered 
91.29 	analytical laboratory while acting in the course of laboratory employment.
91.30 		Subd. 10.Purchase of drugs and other agents by commissioner of health. The 
91.31 	commissioner of health, in preparation for and in carrying out the duties of sections 
91.32 	144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 
91.33 	drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 
91.34 	antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 
91.35 	communicable disease.
92.1 		Subd. 10a.Emergency use authorizations. Nothing in this chapter shall prohibit 
92.2 	the purchase, possession, or use of a legend drug by an entity acting according to an 
92.3 	emergency use authorization issued by the United States Food and Drug Administration 
92.4 	pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically 
92.5 	tasked in a public health response plan to perform critical functions necessary to support 
92.6 	the response to a public health incident or event.
92.7 		Subd. 11.Complaint reporting Exclusion for health care educational programs.
 92.8 	The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 
92.9 	complaints received regarding the prescription or administration of legend drugs under 
92.10 	section 148.576. Nothing in this section shall prohibit an accredited public or private 
92.11 	postsecondary school from possessing a legend drug that is not a controlled substance 
92.12 	listed in section 152.02, provided that:
92.13 	(a) the school is approved by the United States secretary of education in accordance 
92.14 	with requirements of the Higher Education Act of 1965, as amended;
92.15 	(b) the school provides a course of instruction that prepares individuals for 
92.16 	employment in a health care occupation or profession;
92.17 	(c) the school may only possess those drugs necessary for the instruction of such 
92.18 	individuals; and
92.19 	(d) the drugs may only be used in the course of providing such instruction and are 
92.20 	labeled by the purchaser to indicate that they are not to be administered to patients.
92.21 	Those areas of the school in which legend drugs are stored are subject to section 
92.22 	151.06, subdivision 1, paragraph (a), clause (4).

92.23 	Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
92.24 	151.44 DEFINITIONS.
92.25 	As used in sections 151.43 to 151.51, the following terms have the meanings given 
92.26 	in paragraphs (a) to (h):
92.27 	(a) "Wholesale drug distribution" means distribution of prescription or 
92.28 	nonprescription drugs to persons other than a consumer or patient or reverse distribution 
92.29 	of such drugs, but does not include:
92.30 	(1) a sale between a division, subsidiary, parent, affiliated, or related company under 
92.31 	the common ownership and control of a corporate entity;
92.32 	(2) the purchase or other acquisition, by a hospital or other health care entity that is a 
92.33 	member of a group purchasing organization, of a drug for its own use from the organization 
92.34 	or from other hospitals or health care entities that are members of such organizations;
93.1 	(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 
93.2 	drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 
93.3 	Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 
93.4 	organization to the extent otherwise permitted by law;
93.5 	(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
93.6 	among hospitals or other health care entities that are under common control;
93.7 	(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
93.8 	for emergency medical reasons;
93.9 	(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 
93.10 	the dispensing of a drug pursuant to a prescription;
93.11 	(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 
93.12 	another retail pharmacy to alleviate a temporary shortage;
93.13 	(8) the distribution of prescription or nonprescription drug samples by manufacturers 
93.14 	representatives; or
93.15 	(9) the sale, purchase, or trade of blood and blood components.
93.16 	(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 
93.17 	distribution including, but not limited to, manufacturers; repackers repackagers; own-label 
93.18 	distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 
93.19 	warehouses, chain drug warehouses, and wholesale drug warehouses; independent 
93.20 	wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 
93.21 	wholesale drug distributor does not include a common carrier or individual hired primarily 
93.22 	to transport prescription or nonprescription drugs.
93.23 	(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 
93.24 	propagating, compounding, processing, packaging, repackaging, or labeling of a 
93.25 	prescription drug has the meaning provided in section 151.01, subdivision 14a.
93.26 	(d) "Prescription drug" means a drug required by federal or state law or regulation 
93.27 	to be dispensed only by a prescription, including finished dosage forms and active 
93.28 	ingredients subject to United States Code, title 21, sections 811 and 812.
93.29 	(e) "Blood" means whole blood collected from a single donor and processed either 
93.30 	for transfusion or further manufacturing.
93.31 	(f) "Blood components" means that part of blood separated by physical or 
93.32 	mechanical means.
93.33 	(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 
93.34 	received from or shipped to Minnesota locations for the purpose of returning the drugs 
93.35 	to their producers or distributors.
93.36 	(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

94.1 	Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
94.2 		Subd. 2.Definitions. For purposes of this section only, the terms defined in this 
94.3 	subdivision have the meanings given.
94.4 	(a) "Automated drug distribution system" or "system" means a mechanical system 
94.5 	approved by the board that performs operations or activities, other than compounding or 
94.6 	administration, related to the storage, packaging, or dispensing of drugs, and collects, 
94.7 	controls, and maintains all required transaction information and records.
94.8 	(b) "Health care facility" means a nursing home licensed under section 144A.02; 
94.9 	a housing with services establishment registered under section 144D.01, subdivision 4, 
94.10 	in which a home provider licensed under chapter 144A is providing centralized storage 
94.11 	of medications; or a community behavioral health hospital or Minnesota sex offender 
94.12 	program facility operated by the Department of Human Services.
94.13 	(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 
94.14 	is responsible for the operation of an automated drug distribution system.

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

94.22 	Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
94.23 		Subd. 5.Operation of automated drug distribution systems. (a) The managing 
94.24 	pharmacy and the pharmacist in charge are responsible for the operation of an automated 
94.25 	drug distribution system.
94.26 	(b) Access to an automated drug distribution system must be limited to pharmacy 
94.27 	and nonpharmacy personnel authorized to procure drugs from the system, except that field 
94.28 	service technicians may access a system located in a health care facility for the purposes of 
94.29 	servicing and maintaining it while being monitored either by the managing pharmacy, or a 
94.30 	licensed nurse within the health care facility. In the case of an automated drug distribution 
94.31 	system that is not physically located within a licensed pharmacy, access for the purpose 
94.32 	of procuring drugs shall be limited to licensed nurses. Each person authorized to access 
94.33 	the system must be assigned an individual specific access code. Alternatively, access to 
94.34 	the system may be controlled through the use of biometric identification procedures. A 
95.1 	policy specifying time access parameters, including time-outs, logoffs, and lockouts, 
95.2 	must be in place.
95.3 	(c) For the purposes of this section only, the requirements of section 151.215 are met 
95.4 	if the following clauses are met:
95.5 	(1) a pharmacist employed by and working at the managing pharmacy, or at a 
95.6 	pharmacy that is acting as a central services pharmacy for the managing pharmacy, 
95.7 	pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all 
95.8 	prescription drug orders before any drug is distributed from the system to be administered 
95.9 	to a patient. A pharmacy technician may perform data entry of prescription drug orders 
95.10 	provided that a pharmacist certifies the accuracy of the data entry before the drug can 
95.11 	be released from the automated drug distribution system. A pharmacist employed by 
95.12 	and working at the managing pharmacy must certify the accuracy of the filling of any 
95.13 	cassettes, canisters, or other containers that contain drugs that will be loaded into the 
95.14 	automated drug distribution system; and
95.15 	(2) when the automated drug dispensing system is located and used within the 
95.16 	managing pharmacy, a pharmacist must personally supervise and take responsibility for all 
95.17 	packaging and labeling associated with the use of an automated drug distribution system.
95.18 	(d) Access to drugs when a pharmacist has not reviewed and approved the 
95.19 	prescription drug order is permitted only when a formal and written decision to allow such 
95.20 	access is issued by the pharmacy and the therapeutics committee or its equivalent. The 
95.21 	committee must specify the patient care circumstances in which such access is allowed, 
95.22 	the drugs that can be accessed, and the staff that are allowed to access the drugs.
95.23 	(e) In the case of an automated drug distribution system that does not utilize bar 
95.24 	coding in the loading process, the loading of a system located in a health care facility may 
95.25 	be performed by a pharmacy technician, so long as the activity is continuously supervised, 
95.26 	through a two-way audiovisual system by a pharmacist on duty within the managing 
95.27 	pharmacy. In the case of an automated drug distribution system that utilizes bar coding 
95.28 	in the loading process, the loading of a system located in a health care facility may be 
95.29 	performed by a pharmacy technician or a licensed nurse, provided that the managing 
95.30 	pharmacy retains an electronic record of loading activities.
95.31 	(f) The automated drug distribution system must be under the supervision of a 
95.32 	pharmacist. The pharmacist is not required to be physically present at the site of the 
95.33 	automated drug distribution system if the system is continuously monitored electronically 
95.34 	by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 
95.35 	board must be continuously available to address any problems detected by the monitoring 
95.36 	or to answer questions from the staff of the health care facility. The licensed pharmacy 
96.1 	may be the managing pharmacy or a pharmacy which is acting as a central services 
96.2 	pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

96.3 	ARTICLE 6
96.4 	HEALTH DEPARTMENT AND PUBLIC HEALTH

96.5 	Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
96.6 		Subd. 5.Electronic drug prior authorization standardization and transmission.
 96.7 	(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory 
96.8 	Committee and the Minnesota Administrative Uniformity Committee, shall, by February 
96.9 	15, 2010, identify an outline on how best to standardize drug prior authorization request 
96.10 	transactions between providers and group purchasers with the goal of maximizing 
96.11 	administrative simplification and efficiency in preparation for electronic transmissions.
96.12 	(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall 
96.13 	develop the standard companion guide by which providers and group purchasers will 
96.14 	exchange standard drug authorization requests using electronic data interchange standards, 
96.15 	if available, with the goal of alignment with standards that are or will potentially be used 
96.16 	nationally.
96.17 	(c) No later than January 1, 2015 2016, drug prior authorization requests must be 
96.18 	accessible and submitted by health care providers, and accepted by group purchasers, 
96.19 	electronically through secure electronic transmissions. Facsimile shall not be considered 
96.20 	electronic transmission.

96.21 	Sec. 2. [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
96.22 		Subdivision 1.Definition. For purposes of this section, "facility" has the meaning 
96.23 	provided in United States Code, title 42, section 263b(a)(3)(A).
96.24 		Subd. 2.Required notice. A facility at which a mammography examination is 
96.25 	performed shall, if a patient is categorized by the facility as having heterogeneously 
96.26 	dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data 
96.27 	System established by the American College of Radiology, include in the summary of the 
96.28 	written report that is sent to the patient, as required by the federal Mammography Quality 
96.29 	Standards Act, United States Code, title 42, section 263b, notice that the patient has dense 
96.30 	breast tissue, that this may make it more difficult to detect cancer on a mammogram, and 
96.31 	that it may increase her risk of breast cancer. The following language may be used:
96.32 	"Your mammogram shows that your breast tissue is dense. Dense breast tissue is 
96.33 	relatively common and is found in more than 40 percent of women. However, dense 
96.34 	breast tissue may make it more difficult to identify precancerous lesions or cancer through 
97.1 	a mammogram and may also be associated with an increased risk of breast cancer. This 
97.2 	information about the results of your mammogram is given to you to raise your own 
97.3 	awareness and to help inform your conversations with your treating clinician who has 
97.4 	received a report of your mammogram results. Together you can decide which screening 
97.5 	options are right for you based on your mammogram results, individual risk factors, 
97.6 	or physical examination."

97.7 	Sec. 3. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is 
97.8 	amended to read:
97.9 		Subd. 2.Accreditation required. (a)(1) Except as otherwise provided in paragraph
97.10 	 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement 
97.11 	from any source, including, but not limited to, the individual receiving such services 
97.12 	and any individual or group insurance contract, plan, or policy delivered in this state, 
97.13 	including, but not limited to, private health insurance plans, workers' compensation 
97.14 	insurance, motor vehicle insurance, the State Employee Group Insurance Program 
97.15 	(SEGIP), and other state health care programs, shall be reimbursed only if the facility at 
97.16 	which the service has been conducted and processed is licensed pursuant to sections 
97.17 	144.50 to 144.56 or accredited by one of the following entities:
97.18 	(i) American College of Radiology (ACR);
97.19 	(ii) Intersocietal Accreditation Commission (IAC);
97.20 	(iii) the Joint Commission; or
97.21 	(iv) other relevant accreditation organization designated by the Secretary of the 
97.22 	United States Department of Health and Human Services pursuant to United States Code, 
97.23 	title 42, section 1395M.
97.24 	(2) All accreditation standards recognized under this section must include, but are 
97.25 	not limited to:
97.26 	(i) provisions establishing qualifications of the physician;
97.27 	(ii) standards for quality control and routine performance monitoring by a medical 
97.28 	physicist;
97.29 	(iii) qualifications of the technologist, including minimum standards of supervised 
97.30 	clinical experience;
97.31 	(iv) guidelines for personnel and patient safety; and
97.32 	(v) standards for initial and ongoing quality control using clinical image review 
97.33 	and quantitative testing.
97.34 	(b) Any facility that performs advanced diagnostic imaging services and is eligible 
97.35 	to receive reimbursement for such services from any source in paragraph (a), clause (1), 
98.1 	must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to 
98.2 	paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic 
98.3 	imaging services in the state must obtain licensure or accreditation prior to commencing 
98.4 	operations and must, at all times, maintain either licensure pursuant to sections 144.50 to 
98.5 	144.56 or accreditation with an accrediting organization as provided in paragraph (a).
98.6 	(c) Dental clinics or offices that perform diagnostic imaging through dental cone 
98.7 	beam computerized tomography do not need to meet the accreditation or reporting 
98.8 	requirements in this section.

98.9 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2013.

98.10 	Sec. 4. Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:
98.11 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
98.12 	apply.
98.13 	(b) "Dentist" means an individual who is licensed to practice dentistry.
98.14 	(c) "Designated rural area" means an area defined as a small rural area or 
98.15 	isolated rural area according to the four category classifications of the Rural Urban 
98.16 	Commuting Area system developed for the United States Health Resources and Services 
98.17 	Administration a city or township that is:
98.18 	(1) outside the seven-county metropolitan area, as defined in section 473.121, 
98.19 	subdivision 2; and
98.20 	(2) has a population under 15,000.
98.21 	(d) "Emergency circumstances" means those conditions that make it impossible for 
98.22 	the participant to fulfill the service commitment, including death, total and permanent 
98.23 	disability, or temporary disability lasting more than two years.
98.24 	(e) "Medical resident" means an individual participating in a medical residency in 
98.25 	family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
98.26 	(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse 
98.27 	anesthetist, advanced clinical nurse specialist, or physician assistant.
98.28 	(g) "Nurse" means an individual who has completed training and received all 
98.29 	licensing or certification necessary to perform duties as a licensed practical nurse or 
98.30 	registered nurse.
98.31 	(h) "Nurse-midwife" means a registered nurse who has graduated from a program of 
98.32 	study designed to prepare registered nurses for advanced practice as nurse-midwives.
98.33 	(i) "Nurse practitioner" means a registered nurse who has graduated from a program 
98.34 	of study designed to prepare registered nurses for advanced practice as nurse practitioners.
98.35 	(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
99.1 	(k) "Physician" means an individual who is licensed to practice medicine in the areas 
99.2 	of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
99.3 	(l) "Physician assistant" means a person licensed under chapter 147A.
99.4 	(m) "Qualified educational loan" means a government, commercial, or foundation 
99.5 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
99.6 	expenses related to the graduate or undergraduate education of a health care professional.
99.7 	(n) "Underserved urban community" means a Minnesota urban area or population 
99.8 	included in the list of designated primary medical care health professional shortage areas 
99.9 	(HPSAs), medically underserved areas (MUAs), or medically underserved populations 
99.10 	(MUPs) maintained and updated by the United States Department of Health and Human 
99.11 	Services.

99.12 	Sec. 5. Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision 
99.13 	to read:
99.14 		Subd. 5.Electronic cigarettes. In any indoor building owned by the state and 
99.15 	under the direction of the commissioner of the Department of Administration, the use of 
99.16 	an electronic cigarette, including the inhaling or exhaling of vapor from any electronic 
99.17 	delivery device, as defined in section 609.685, subdivision 1, is prohibited in the same 
99.18 	way the use of tobacco cigarettes is prohibited under subdivision 1.

99.19 	Sec. 6. Minnesota Statutes 2012, section 144.4165, is amended to read:
99.20 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
99.21 	No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 
99.22 	product, or inhale or exhale vapor from an electronic delivery device, in a public school, 
99.23 	as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all 
99.24 	facilities, whether owned, rented, or leased, and all vehicles that a school district owns, 
99.25 	leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of 
99.26 	tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For 
99.27 	purposes of this section, an Indian is a person who is a member of an Indian tribe as 
99.28 	defined in section 260.755 subdivision 12.

99.29 	Sec. 7. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is 
99.30 	amended to read:
99.31 		Subdivision 1.Comprehensive stroke center. A hospital meets the criteria for a 
99.32 	comprehensive stroke center if the hospital has been certified as a comprehensive stroke 
100.1 	center by the joint commission or another nationally recognized accreditation entity and 
100.2 	the hospital participates in the Minnesota stroke registry program.

100.3 	Sec. 8. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is 
100.4 	amended to read:
100.5 		Subd. 2.Primary stroke center. A hospital meets the criteria for a primary stroke 
100.6 	center if the hospital has been certified as a primary stroke center by the joint commission 
100.7 	or another nationally recognized accreditation entity and the hospital participates in the 
100.8 	Minnesota stroke registry program.

100.9 	Sec. 9. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
100.10 		Subdivision 1.Notice required. A hospital shall give a written notice about victim 
100.11 	rights and available resources to a person seeking medical services in the hospital who 
100.12 	reports to hospital staff or who evidences a sexual assault or other unwanted sexual 
100.13 	contact or sexual penetration. The hospital shall make a good faith effort to provide 
100.14 	this notice prior to medical treatment or the examination performed for the purpose 
100.15 	of gathering evidence, subject to applicable federal and state laws and regulations 
100.16 	regarding the provision of medical care, and in a manner that does not interfere with any 
100.17 	medical screening examination or initiation of treatment necessary to stabilize a victim's 
100.18 	emergency medical condition.
100.19 		Subd. 2.Contents of notice. The commissioners of health and public safety, in 
100.20 	consultation with sexual assault victim advocates and health care professionals, shall 
100.21 	develop the notice required by subdivision 1. The notice must inform the victim, at a 
100.22 	minimum, of:
100.23 	(1) the obligation under section 609.35 of the county where the criminal sexual 
100.24 	conduct occurred to pay for the examination performed for the purpose of gathering 
100.25 	evidence, that payment is not contingent on the victim reporting the criminal sexual conduct 
100.26 	to law enforcement, and that the victim may incur expenses for treatment of injuries; and
100.27 	(2) the victim's rights if the crime is reported to law enforcement, including the 
100.28 	victim's right to apply for reparations under sections 611A.51 to 611A.68, information on 
100.29 	how to apply for reparations, and information on how to obtain an order for protection or 
100.30 	a harassment restraining order.

100.31 	Sec. 10. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, 
100.32 	is amended to read:
101.1 		Subd. 8.Correction orders. (a) A correction order may be issued whenever the 
101.2 	commissioner finds upon survey or during a complaint investigation that a home care 
101.3 	provider, a managerial official, or an employee of the provider is not in compliance with 
101.4 	sections 144A.43 to 144A.482. The correction order shall cite the specific statute and 
101.5 	document areas of noncompliance and the time allowed for correction.
101.6 	(b) The commissioner shall mail copies of any correction order within 30 calendar 
101.7 	days after an exit survey to the last known address of the home care provider, or 
101.8 	electronically scan the correction order and e-mail it to the last known home care provider 
101.9 	e-mail address, within 30 calendar days after the survey exit date. A copy of each 
101.10 	correction order and copies of any documentation supplied to the commissioner shall be 
101.11 	kept on file by the home care provider, and public documents shall be made available for 
101.12 	viewing by any person upon request. Copies may be kept electronically.
101.13 	(c) By the correction order date, the home care provider must document in the 
101.14 	provider's records any action taken to comply with the correction order. The commissioner 
101.15 	may request a copy of this documentation and the home care provider's action to respond 
101.16 	to the correction order in future surveys, upon a complaint investigation, and as otherwise 
101.17 	needed.

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

101.20 	Sec. 11. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12, 
101.21 	is amended to read:
101.22 		Subd. 12.Reconsideration. (a) The commissioner shall make available to home 
101.23 	care providers a correction order reconsideration process. This process may be used 
101.24 	to challenge the correction order issued, including the level and scope described in 
101.25 	subdivision 11, and any fine assessed. During the correction order reconsideration 
101.26 	request, the issuance for the correction orders under reconsideration are not stayed, but 
101.27 	the department shall post information on the Web site with the correction order that the 
101.28 	licensee has requested a reconsideration and that the review is pending.
101.29 	(b) A licensed home care provider may request from the commissioner, in writing, 
101.30 	a correction order reconsideration regarding any correction order issued to the provider.
101.31 	 The written request for reconsideration must be received by the commissioner within 15 
101.32 	calendar days of the correction order receipt date. The correction order reconsideration shall 
101.33 	not be reviewed by any surveyor, investigator, or supervisor that participated in the writing 
101.34 	or reviewing of the correction order being disputed. The correction order reconsiderations 
101.35 	may be conducted in person, by telephone, by another electronic form, or in writing, as 
102.1 	determined by the commissioner. The commissioner shall respond in writing to the request 
102.2 	from a home care provider for a correction order reconsideration within 60 days of the 
102.3 	date the provider requests a reconsideration. The commissioner's response shall identify 
102.4 	the commissioner's decision regarding each citation challenged by the home care provider.
102.5 	(c) The findings of a correction order reconsideration process shall be one or more of 
102.6 	the following:
102.7 	(1) supported in full, the correction order is supported in full, with no deletion of 
102.8 	findings to the citation;
102.9 	(2) supported in substance, the correction order is supported, but one or more 
102.10 	findings are deleted or modified without any change in the citation;
102.11 	(3) correction order cited an incorrect home care licensing requirement, the correction 
102.12 	order is amended by changing the correction order to the appropriate statutory reference;
102.13 	(4) correction order was issued under an incorrect citation, the correction order is 
102.14 	amended to be issued under the more appropriate correction order citation;
102.15 	(5) the correction order is rescinded;
102.16 	(6) fine is amended, it is determined that the fine assigned to the correction order 
102.17 	was applied incorrectly; or
102.18 	(7) the level or scope of the citation is modified based on the reconsideration.
102.19 	(d) If the correction order findings are changed by the commissioner, the 
102.20 	commissioner shall update the correction order Web site.
102.21 	(e) This subdivision does not apply to temporary licensees.

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

102.24 	Sec. 12. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, 
102.25 	is amended to read:
102.26 		Subd. 3.Notice. Prior to any suspension, revocation, or refusal to renew a license, 
102.27 	the home care provider shall be entitled to notice and a hearing as provided by sections 
102.28 	14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, 
102.29 	without a prior contested case hearing, temporarily suspend a license or prohibit delivery 
102.30 	of services by a provider for not more than 90 days if the commissioner determines that 
102.31 	the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations 
102.32 	as defined in section 144A.474, subdivision 11, paragraph (b), provided:
102.33 	(1) advance notice is given to the home care provider;
102.34 	(2) after notice, the home care provider fails to correct the problem;
103.1 	(3) the commissioner has reason to believe that other administrative remedies are not 
103.2 	likely to be effective; and
103.3 	(4) there is an opportunity for a contested case hearing within the 90 30 days unless 
103.4 	there is an extension granted by an administrative law judge pursuant to subdivision 3b.

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

103.8 	Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
103.9 	adding a subdivision to read:
103.10 		Subd. 3a.Hearing.  Within 15 business days of receipt of the licensee's timely appeal 
103.11 	of a sanction under this section, other than for a temporary suspension, the commissioner 
103.12 	shall request assignment of an administrative law judge. The commissioner's request must 
103.13 	include a proposed date, time, and place of hearing. A hearing must be conducted by an 
103.14 	administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, 
103.15 	within 90 calendar days of the request for assignment, unless an extension is requested by 
103.16 	either party and granted by the administrative law judge for good cause or for purposes of 
103.17 	discussing settlement. In no case shall one or more extensions be granted for a total of 
103.18 	more than 90 calendar days unless there is a criminal action pending against the licensee. 
103.19 	If, while a licensee continues to operate pending an appeal of an order for revocation, 
103.20 	suspension, or refusal to renew a license, the commissioner identifies one or more new 
103.21 	violations of law that meet the requirements of level 3 or 4 violations as defined in section 
103.22 	144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to 
103.23 	temporarily suspend the license under the provisions in subdivision 3.

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

103.26 	Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
103.27 	adding a subdivision to read:
103.28 		Subd. 3b.Temporary suspension expedited hearing. (a) Within five business 
103.29 	days of receipt of the license holder's timely appeal of a temporary suspension, the 
103.30 	commissioner shall request assignment of an administrative law judge. The request must 
103.31 	include a proposed date, time, and place of a hearing. A hearing must be conducted by an 
103.32 	administrative law judge within 30 calendar days of the request for assignment, unless 
103.33 	an extension is requested by either party and granted by the administrative law judge 
104.1 	for good cause. The commissioner shall issue a notice of hearing by certified mail or 
104.2 	personal service at least ten business days before the hearing. Certified mail to the last 
104.3 	known address is sufficient. The scope of the hearing shall be limited solely to the issue of 
104.4 	whether the temporary suspension should remain in effect and whether there is sufficient 
104.5 	evidence to conclude that the licensee's actions or failure to comply with applicable laws 
104.6 	are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
104.7 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
104.8 	recommendation within ten business days from the date of hearing. The parties shall have 
104.9 	ten calendar days to submit exceptions to the administrative law judge's report. The 
104.10 	record shall close at the end of the ten-day period for submission of exceptions. The 
104.11 	commissioner's final order shall be issued within ten business days from the close of the 
104.12 	record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, 
104.13 	the commissioner shall issue a final order affirming the temporary immediate suspension 
104.14 	within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The 
104.15 	license holder is prohibited from operation during the temporary suspension period.
104.16 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
104.17 	final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that 
104.18 	sanction, the licensee is prohibited from operation pending a final commissioner's order 
104.19 	after the contested case hearing conducted under chapter 14.

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

104.21 	Sec. 15. Minnesota Statutes 2012, section 144D.065, is amended to read:
104.22 	144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
104.23 	(a) If a housing with services establishment registered under this chapter has a special 
104.24 	program or special care unit for residents with Alzheimer's disease or other dementias 
104.25 	or advertises, markets, or otherwise promotes the establishment as providing services 
104.26 	for persons with Alzheimer's disease or related disorders other dementias, whether in a 
104.27 	segregated or general unit, the establishment's direct care staff and their supervisors must 
104.28 	be trained in dementia care. employees of the establishment and of the establishment's 
104.29 	arranged home care provider must meet the following training requirements:
104.30 	(1) supervisors of direct-care staff must have at least eight hours of initial training on 
104.31 	topics specified under paragraph (b) within 120 working hours of the employment start 
104.32 	date, and must have at least two hours of training on topics related to dementia care for 
104.33 	each 12 months of employment thereafter;
105.1 	(2) direct-care employees must have completed at least eight hours of initial training  
105.2 	on topics specified under paragraph (b) within 160 working hours of the employment start 
105.3 	date. Until this initial training is complete, an employee must not provide direct care unless 
105.4 	there is another employee on site who has completed the initial eight hours of training on 
105.5 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
105.6 	trainer of the requirements under paragraph (b), or a supervisor meeting the requirements 
105.7 	in paragraph (a), clause (1), must be available for consultation with the new employee until 
105.8 	the training requirement is complete. Direct-care employees must have at least two hours 
105.9 	of training on topics related to dementia for each 12 months of employment thereafter;
105.10 	(3) staff who do not provide direct care, including maintenance, housekeeping, and 
105.11 	food service staff, must have at least four hours of initial training on topics specified 
105.12 	under paragraph (b) within 160 working hours of the employment start date, and must 
105.13 	have at least two hours of training on topics related to dementia care for each 12 months of 
105.14 	employment thereafter; and
105.15 	(4) new employees may satisfy the initial training requirements by producing written 
105.16 	proof of previously completed required training within the past 18 months.
105.17 	(b) Areas of required training include:
105.18 	(1) an explanation of Alzheimer's disease and related disorders;
105.19 	(2) assistance with activities of daily living;
105.20 	(3) problem solving with challenging behaviors; and
105.21 	(4) communication skills.
105.22 	(c) The establishment shall provide to consumers in written or electronic form a 
105.23 	description of the training program, the categories of employees trained, the frequency 
105.24 	of training, and the basic topics covered. This information satisfies the disclosure 
105.25 	requirements of section 325F.72, subdivision 2, clause (4).
105.26 	(d) Housing with services establishments not included in paragraph (a) that provide 
105.27 	assisted living services under chapter 144G must meet the following training requirements:
105.28 	(1) supervisors of direct-care staff must have at least four hours of initial training on 
105.29 	topics specified under paragraph (b) within 120 working hours of the employment start 
105.30 	date, and must have at least two hours of training on topics related to dementia care for 
105.31 	each 12 months of employment thereafter;
105.32 	(2) direct-care employees must have completed at least four hours of initial training  
105.33 	on topics specified under paragraph (b) within 160 working hours of the employment start 
105.34 	date. Until this initial training is complete, an employee must not provide direct care unless 
105.35 	there is another employee on site who has completed the initial four hours of training on 
105.36 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
106.1 	trainer of the requirements under paragraph (b) or supervisor meeting the requirements 
106.2 	under paragraph (a), clause (1), must be available for consultation with the new employee 
106.3 	until the training requirement is complete. Direct-care employees must have at least two 
106.4 	hours of training on topics related to dementia for each 12 months of employment thereafter;
106.5 	(3) staff who do not provide direct care, including maintenance, housekeeping, and 
106.6 	food service staff, must have at least four hours of initial training on topics specified 
106.7 	under paragraph (b) within 160 working hours of the employment start date, and must 
106.8 	have at least two hours of training on topics related to dementia care for each 12 months of 
106.9 	employment thereafter; and
106.10 	(4) new employees may satisfy the initial training requirements by producing written 
106.11 	proof of previously completed required training within the past 18 months.

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

106.13 	Sec. 16. [144D.10] MANAGER REQUIREMENTS.
106.14 	(a) The person primarily responsible for oversight and management of a housing 
106.15 	with services establishment, as designated by the owner of the housing with services 
106.16 	establishment, must obtain at least 30 hours of continuing education every two years of 
106.17 	employment as the manager in topics relevant to the operations of the housing with services 
106.18 	establishment and the needs of its tenants. Continuing education earned to maintain a 
106.19 	professional license, such as nursing home administrator license, nursing license, social 
106.20 	worker license, and real estate license, can be used to complete this requirement.
106.21 	(b) For managers of establishments identified in section 325F.72, this continuing 
106.22 	education must include at least eight hours of documented training on the topics identified 
106.23 	in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of 
106.24 	training on these topics for each 12 months of employment thereafter.
106.25 	(c) For managers of establishments not covered by section 325F.72, but who provide 
106.26 	assisted living services under chapter 144G, this continuing education must include at 
106.27 	least four hours of documented training on the topics identified in section 144D.065, 
106.28 	paragraph (b), within 160 working hours of hire, and two hours of training on these topics 
106.29 	for each 12 months of employment thereafter.
106.30 	(d) A statement verifying compliance with the continuing education requirement 
106.31 	must be included in the housing with services establishment's annual registration to the 
106.32 	commissioner of health. The establishment must maintain records for at least three years 
106.33 	demonstrating that the person primarily responsible for oversight and management of the 
106.34 	establishment has attended educational programs as required by this section.
107.1 	(e) New managers may satisfy the initial dementia training requirements by producing 
107.2 	written proof of previously completed required training within the past 18 months.
107.3 	(f) This section does not apply to an establishment registered under section 
107.4 	144D.025 serving the homeless.

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

107.6 	Sec. 17. [144D.11] EMERGENCY PLANNING.
107.7 	(a) Each registered housing with services establishment must meet the following 
107.8 	requirements:
107.9 	(1) have a written emergency disaster plan that contains a plan for evacuation, 
107.10 	addresses elements of sheltering in-place, identifies temporary relocation sites, and details 
107.11 	staff assignments in the event of a disaster or an emergency;
107.12 	(2) post an emergency disaster plan prominently;
107.13 	(3) provide building emergency exit diagrams to all tenants upon signing a lease;
107.14 	(4) post emergency exit diagrams on each floor; and
107.15 	(5) have a written policy and procedure regarding missing tenants.
107.16 	(b) Each registered housing with services establishment must provide emergency 
107.17 	and disaster training to all staff during the initial staff orientation and annually thereafter 
107.18 	and must make emergency and disaster training available to all tenants annually. Staff 
107.19 	who have not received emergency and disaster training are allowed to work only when 
107.20 	trained staff are also working on site.
107.21 	(c) Each registered housing with services location must conduct and document a fire 
107.22 	drill or other emergency drill at least every six months. To the extent possible, drills must 
107.23 	be coordinated with local fire departments or other community emergency resources.

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

107.25 	Sec. 18. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2, 
107.26 	is amended to read:
107.27 		Subd. 2.Duties of director. The director of child sex trafficking prevention is 
107.28 	responsible for the following:
107.29 	(1) developing and providing comprehensive training on sexual exploitation of 
107.30 	youth for social service professionals, medical professionals, public health workers, and 
107.31 	criminal justice professionals;
108.1 	(2) collecting, organizing, maintaining, and disseminating information on sexual 
108.2 	exploitation and services across the state, including maintaining a list of resources on the 
108.3 	Department of Health Web site;
108.4 	(3) monitoring and applying for federal funding for antitrafficking efforts that may 
108.5 	benefit victims in the state;
108.6 	(4) managing grant programs established under sections 145.4716 to 145.4718;
108.7 	(5) managing the request for proposals for grants for comprehensive services, 
108.8 	including trauma-informed, culturally specific services;
108.9 	(6) identifying best practices in serving sexually exploited youth, as defined in 
108.10 	section 260C.007, subdivision 31;
108.11 	(6)(7) providing oversight of and technical support to regional navigators pursuant 
108.12 	to section 145.4717;
108.13 	(7)(8) conducting a comprehensive evaluation of the statewide program for safe 
108.14 	harbor of sexually exploited youth; and
108.15 	(8)(9) developing a policy consistent with the requirements of chapter 13 for sharing 
108.16 	data related to sexually exploited youth, as defined in section 260C.007, subdivision 31, 
108.17 	among regional navigators and community-based advocates.

108.18 	Sec. 19. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision 
108.19 	to read:
108.20 		Subd. 7a.Minority run health care professional associations. The commissioner 
108.21 	shall award grants to minority run health care professional associations to achieve the 
108.22 	following:
108.23 	(1) provide collaborative mental health services to minority residents;
108.24 	(2) provide collaborative, holistic, and culturally competent health care services in 
108.25 	communities with high concentrations of minority residents; and
108.26 	(3) collaborate on recruitment, training, and placement of minorities with health 
108.27 	care providers.

108.28 	Sec. 20. Minnesota Statutes 2012, section 149A.92, is amended by adding a 
108.29 	subdivision to read:
108.30 		Subd. 11.Scope. Notwithstanding the requirements in section 149A.50, this section 
108.31 	applies only to funeral establishments where human remains are present for the purpose 
108.32 	of preparation and embalming, private viewings, visitations, services, and holding of 
108.33 	human remains while awaiting final disposition. For the purpose of this subdivision, 
109.1 	"private viewing" means viewing of a dead human body by persons designated in section 
109.2 	149A.80, subdivision 2.

109.3 	Sec. 21. Minnesota Statutes 2012, section 325H.05, is amended to read:
109.4 	325H.05 POSTED WARNING REQUIRED.
109.5 	(a) The facility owner or operator shall conspicuously post the warning signs
109.6 	 described in paragraph (b) within three feet of each tanning station. The sign must be 
109.7 	clearly visible, not obstructed by any barrier, equipment, or other object, and must be posted 
109.8 	so that it can be easily viewed by the consumer before energizing the tanning equipment.
109.9 	(b) The warning sign required in paragraph (a) shall have dimensions not less than 
109.10 	eight inches by ten inches, and must have the following wording:
109.11 	"DANGER - ULTRAVIOLET RADIATION
109.12 	-Follow instructions.
109.13 	-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin 
109.14 	injury and allergic reactions. Repeated exposure may cause premature aging 
109.15 	of the skin and skin cancer.
109.16 	-Wear protective eyewear.
109.17 	FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
109.18 	IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
109.19 	-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. 
109.20 	Consult a physician before using sunlamp or tanning equipment if you are 
109.21 	using medications or have a history of skin problems or believe yourself to be 
109.22 	especially sensitive to sunlight."
109.23 	WARNING: IF YOU TAN INDOORS FREQUENTLY, YOU SHOULD SEE A 
109.24 	DOCTOR TO CHECK FOR SKIN CANCER. YOU SHOULD NOT TAN 
109.25 	INDOORS IF YOU HAVE HAD SKIN CANCER OR IF YOU HAVE A 
109.26 	FAMILY HISTORY OF SKIN CANCER.
109.27 	Talk to your doctor before tanning indoors if you:
109.28 	-are using medications
109.29 	-have a history of skin problems
109.30 	-are sensitive to sunlight
109.31 	Over time, exposure to ultraviolet radiation may cause premature aging and skin 
109.32 	cancer.
109.33 	-Follow tanning equipment instructions.
109.34 	-Wear protective eyewear to avoid severe burns or long-term injury.
109.35 	-Do not tan if you have a rash or an open cut.
110.1 	-Medications and cosmetics may increase your sensitivity to ultraviolet radiation."
110.2 	(c) All tanning facilities must prominently display a sign in a conspicuous place, 
110.3 	at the point of sale, that states it is unlawful for a tanning facility or operator to allow a 
110.4 	person under age 18 to use any tanning equipment.

110.5 	Sec. 22. [325H.085] USE BY MINORS PROHIBITED.
110.6 	A person under age 18 may not use any type of tanning equipment as defined by 
110.7 	section 325H.01, subdivision 6, available in a tanning facility in this state.

110.8 	Sec. 23. Minnesota Statutes 2012, section 325H.09, is amended to read:
110.9 	325H.09 PENALTY.
110.10 	Any person who leases tanning equipment or who owns a tanning facility and who 
110.11 	operates or permits the equipment or facility to be operated in noncompliance with the 
110.12 	requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

110.13 	Sec. 24. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION; 
110.14 	REGISTRATION.
110.15 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
110.16 	have the meanings given them.
110.17 	(b) "Automatic external defibrillator" or "AED" means an electronic device designed 
110.18 	and manufactured to operate automatically or semiautomatically for the purpose of 
110.19 	delivering an electrical current to the heart of a person in sudden cardiac arrest.
110.20 	(c) "AED registry" means a registry of AEDs that requires a maintenance program 
110.21 	or package, and includes, but is not limited to, the following registries: the Minnesota 
110.22 	AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
110.23 	(d) "Person" means a natural person, partnership, association, corporation, or unit 
110.24 	of government.
110.25 	(e) "Public access AED" means any AED that is intended, by its markings or display, 
110.26 	to be used or accessed by the public for the benefit of the general public that may happen 
110.27 	to be in the vicinity or location of that AED. It does not include an AED that is owned or 
110.28 	used by a hospital, clinic, business, or organization that is intended to be used by staff and 
110.29 	is not marked or displayed in a manner to encourage public access.
110.30 	(f) "Maintenance program or package" means a program that will alert the AED 
110.31 	owner when the AED has electrodes and batteries due to expire or replaces those expiring 
110.32 	electrodes and batteries for the AED owner.
111.1 	(g) "Public safety agency" means local law enforcement, county sheriff, municipal 
111.2 	police, tribal agencies, state law enforcement, fire departments, including municipal 
111.3 	departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, 
111.4 	and licensed ambulance services.
111.5 	(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located 
111.6 	in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be 
111.7 	placed in stationary storage, including, but not limited to, an AED used at an athletic event.
111.8 	(i) "Private use AED" means an AED that is not intended to be used or accessed by 
111.9 	the public for the benefit of the general public. This may include, but is not limited to, 
111.10 	AEDs found in private residences.
111.11 		Subd. 2.Registration. A person who purchases or obtains a public access AED shall 
111.12 	register that device with an AED registry within 30 working days of receiving the AED.
111.13 		Subd. 3.Required information. A person registering a public access AED shall 
111.14 	provide the following information for each AED:
111.15 	(1) AED manufacturer, model, and serial number;
111.16 	(2) specific location where the AED will be kept; and
111.17 	(3) the title, address, and telephone number of a person in management at the 
111.18 	business or organization where the AED is located.
111.19 		Subd. 4.Information changes. The owner of a public access AED shall notify their 
111.20 	AED registry of any changes in the information that is required in the registration within 
111.21 	30 working days of the change occurring.
111.22 		Subd. 5.Public access AED requirements. A public access AED:
111.23 	(1) may be inspected during regular business hours by a public safety agency with 
111.24 	jurisdiction over the location of the AED;
111.25 	(2) shall be kept in the location specified in the registration; and
111.26 	(3) shall be reasonably maintained, including replacement of dead batteries and 
111.27 	pads/electrodes, and comply with all manufacturer's recall and safety notices.
111.28 		Subd. 6.Removal of AED. An authorized agent of a public safety agency with 
111.29 	jurisdiction over the location of the AED may direct the owner of a public access AED 
111.30 	to comply with this section. Such authorized agent of a public safety agency may direct 
111.31 	the owner of the AED to remove the AED from its public access location and to remove 
111.32 	or cover any public signs relating to that AED if it is determined that the AED is not 
111.33 	ready for immediate use.
111.34 		Subd. 7.Private use AEDs. The owner of a private use AED is not subject to the 
111.35 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
112.1 		Subd. 8.Mobile AEDs. The owner of a mobile AED is not subject to the 
112.2 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
112.3 		Subd. 9.Signs. A person acquiring a public use AED is encouraged but is not 
112.4 	required to post signs bearing the universal AED symbol in order to increase the ease of 
112.5 	access by the public to the AED in the event of an emergency. A person may not post any 
112.6 	AED sign or allow any AED sign to remain posted upon being ordered to remove or cover 
112.7 	any AED signs by an authorized agent of a public safety agency.
112.8 		Subd. 10.Emergency response plans. The owner of one or more public access 
112.9 	AEDs shall develop an emergency response plan appropriate for the nature of the facility 
112.10 	the AED is intended to serve.
112.11 		Subd. 11.No civil liability. Nothing in this section shall create any civil liability on 
112.12 	the part of an AED owner.

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

112.14 	Sec. 25. Minnesota Statutes 2012, section 461.12, is amended to read:
112.15 	461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO, 
112.16 	TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
112.17 		Subdivision 1.Authorization. A town board or the governing body of a home 
112.18 	rule charter or statutory city may license and regulate the retail sale of tobacco and,
112.19 	 tobacco-related devices, and electronic delivery devices as defined in section 609.685, 
112.20 	subdivision 1, and nicotine and lobelia delivery products as described in section 609.6855, 
112.21 	and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 
112.22 	The county board shall license and regulate the sale of tobacco and, tobacco-related 
112.23 	devices, electronic delivery devices, and nicotine and lobelia products in unorganized 
112.24 	territory of the county except on the State Fairgrounds and in a town or a home rule charter 
112.25 	or statutory city if the town or city does not license and regulate retail sales of tobacco 
112.26 	sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
112.27 	delivery products. The State Agricultural Society shall license and regulate the sale of 
112.28 	tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
112.29 	delivery products on the State Fairgrounds. Retail establishments licensed by a town or 
112.30 	city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and 
112.31 	lobelia delivery products are not required to obtain a second license for the same location 
112.32 	under the licensing ordinance of the county.
112.33 		Subd. 2.Administrative penalties; licensees. If a licensee or employee of a 
112.34 	licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine 
113.1 	or lobelia delivery products to a person under the age of 18 years, or violates any other 
113.2 	provision of this chapter, the licensee shall be charged an administrative penalty of $75. 
113.3 	An administrative penalty of $200 must be imposed for a second violation at the same 
113.4 	location within 24 months after the initial violation. For a third violation at the same 
113.5 	location within 24 months after the initial violation, an administrative penalty of $250 
113.6 	must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, 
113.7 	electronic delivery devices, or nicotine or lobelia delivery products at that location must be 
113.8 	suspended for not less than seven days. No suspension or penalty may take effect until the 
113.9 	licensee has received notice, served personally or by mail, of the alleged violation and an 
113.10 	opportunity for a hearing before a person authorized by the licensing authority to conduct 
113.11 	the hearing. A decision that a violation has occurred must be in writing.
113.12 		Subd. 3.Administrative penalty; individuals. An individual who sells tobacco 
113.13 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
113.14 	products to a person under the age of 18 years must be charged an administrative penalty 
113.15 	of $50. No penalty may be imposed until the individual has received notice, served 
113.16 	personally or by mail, of the alleged violation and an opportunity for a hearing before a 
113.17 	person authorized by the licensing authority to conduct the hearing. A decision that a 
113.18 	violation has occurred must be in writing.
113.19 		Subd. 4.Minors. The licensing authority shall consult with interested educators, 
113.20 	parents, children, and representatives of the court system to develop alternative penalties 
113.21 	for minors who purchase, possess, and consume tobacco or, tobacco-related devices, 
113.22 	electronic delivery devices, or nicotine or lobelia delivery products. The licensing 
113.23 	authority and the interested persons shall consider a variety of options, including, but 
113.24 	not limited to, tobacco free education programs, notice to schools, parents, community 
113.25 	service, and other court diversion programs.
113.26 		Subd. 5.Compliance checks. A licensing authority shall conduct unannounced 
113.27 	compliance checks at least once each calendar year at each location where tobacco is, 
113.28 	tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products 
113.29 	are sold to test compliance with section sections 609.685 and 609.6855. Compliance 
113.30 	checks must involve minors over the age of 15, but under the age of 18, who, with the prior 
113.31 	written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related 
113.32 	devices, electronic delivery devices, or nicotine or lobelia delivery products under the 
113.33 	direct supervision of a law enforcement officer or an employee of the licensing authority.
113.34 		Subd. 6.Defense. It is an affirmative defense to the charge of selling tobacco 
113.35 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
113.36 	products to a person under the age of 18 years in violation of subdivision 2 or 3 that the 
114.1 	licensee or individual making the sale relied in good faith upon proof of age as described 
114.2 	in section 340A.503, subdivision 6.
114.3 		Subd. 7.Judicial review. Any person aggrieved by a decision under subdivision 
114.4 	2 or 3 may have the decision reviewed in the district court in the same manner and 
114.5 	procedure as provided in section 462.361.
114.6 		Subd. 8.Notice to commissioner. The licensing authority under this section shall, 
114.7 	within 30 days of the issuance of a license, inform the commissioner of revenue of the 
114.8 	licensee's name, address, trade name, and the effective and expiration dates of the license. 
114.9 	The commissioner of revenue must also be informed of a license renewal, transfer, 
114.10 	cancellation, suspension, or revocation during the license period.

114.11 	Sec. 26. Minnesota Statutes 2012, section 461.18, is amended to read:
114.12 	461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
114.13 		Subdivision 1.Except in adult-only facilities. (a) No person shall offer for sale 
114.14 	tobacco or tobacco-related devices, or electronic delivery devices as defined in section 
114.15 	609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 
114.16 	609.6855, in open displays which are accessible to the public without the intervention 
114.17 	of a store employee.
114.18 	(b) [Expired August 28, 1997]
114.19 	(c) [Expired]
114.20 	(d) This subdivision shall not apply to retail stores which derive at least 90 percent 
114.21 	of their revenue from tobacco and tobacco-related products devices and where the retailer 
114.22 	ensures that no person younger than 18 years of age is present, or permitted to enter, at 
114.23 	any time.
114.24 		Subd. 2.Vending machine sales prohibited. No person shall sell tobacco products, 
114.25 	electronic delivery devices, or nicotine or lobelia delivery products from vending 
114.26 	machines. This subdivision does not apply to vending machines in facilities that cannot be 
114.27 	entered at any time by persons younger than 18 years of age.
114.28 		Subd. 3.Federal regulations for cartons, multipacks. Code of Federal 
114.29 	Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 
114.30 	and other multipack units.

114.31 	Sec. 27. Minnesota Statutes 2012, section 461.19, is amended to read:
114.32 	461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
114.33 	Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 
114.34 	restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery 
115.1 	devices, and nicotine and lobelia products. A governing body shall give notice of its 
115.2 	intention to consider adoption or substantial amendment of any local ordinance required 
115.3 	under section 461.12 or permitted under this section. The governing body shall take 
115.4 	reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 
115.5 	known address of each licensee or person required to hold a license under section 461.12. 
115.6 	The notice shall state the time, place, and date of the meeting and the subject matter of 
115.7 	the proposed ordinance.

115.8 	Sec. 28. [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
115.9 	(a) For purposes of this section, "child-resistant packaging" is defined as set forth in 
115.10 	Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on the effective 
115.11 	date of this act, when tested in accordance with the method described in Code of Federal 
115.12 	Regulations, title 16, section 1700.20, as in effect on the effective date of this act.
115.13 	(b) The sale of any liquid, whether or not such liquid contains nicotine, that is 
115.14 	intended for human consumption and use in an electronic delivery device, as defined in 
115.15 	section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is 
115.16 	prohibited. All licensees under this chapter must ensure that any liquid intended for human 
115.17 	consumption and use in an electronic delivery device is sold in child-resistant packaging.
115.18 	(c) A licensee that fails to comply with this section is subject to administrative 
115.19 	penalties under section 461.12, subdivision 2.
115.20 	(d) This section shall not apply to any liquid, whether or not such liquid contains 
115.21 	nicotine, that is intended for human consumption and use in an electronic delivery device 
115.22 	or nicotine or lobelia delivery product where the liquid is contained in a prefilled, sealed 
115.23 	cartridge that is sold, marketed, or intended for use in an electronic delivery device or 
115.24 	nicotine or lobelia delivery product, provided that such cartridge is prefilled and sealed by 
115.25 	the manufacturer, and not intended to be opened by the consumer.

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

115.27 	Sec. 29. [461.21] KIOSK SALES PROHIBITED.
115.28 	No person shall sell tobacco, tobacco-related devices, or electronic delivery devices 
115.29 	as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as 
115.30 	described in section 609.6855, from a moveable place of business. For the purposes of this 
115.31 	section, a moveable place of business means any retail business whose physical location is 
115.32 	not permanent, including, but not limited to, any retail business that is operated from a 
115.33 	kiosk, other transportable structure, or a motorized or nonmotorized vehicle.

116.1 	Sec. 30. Minnesota Statutes 2012, section 609.685, is amended to read:
116.2 	609.685 SALE OF TOBACCO TO CHILDREN.
116.3 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
116.4 	shall have the meanings respectively ascribed to them in this section.
116.5 	(a) "Tobacco" means cigarettes and any product containing, made, or derived from 
116.6 	tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 
116.7 	dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 
116.8 	part, or accessory of a tobacco product; including but not limited to cigars; cheroots; 
116.9 	stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 
116.10 	snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 
116.11 	shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 
116.12 	forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 
116.13 	United States Food and Drug Administration for sale as a tobacco-cessation product, as a 
116.14 	tobacco-dependence product, or for other medical purposes, and is being marketed and 
116.15 	sold solely for such an approved purpose.
116.16 	(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or 
116.17 	other devices intentionally designed or intended to be used in a manner which enables 
116.18 	the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. 
116.19 	Tobacco-related devices include components of tobacco-related devices which may be 
116.20 	marketed or sold separately.
116.21 	(c) "Electronic delivery device" means any product containing or delivering nicotine, 
116.22 	lobelia, or any other substance intended for human consumption that can be used by a 
116.23 	person to simulate smoking in the delivery of nicotine or any other substance through 
116.24 	inhalation of vapor from the product. Electronic delivery device includes any component 
116.25 	part of a product, whether or not marketed or sold separately. Electronic delivery device 
116.26 	does not include any product that has been approved or certified by the United States Food 
116.27 	and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence 
116.28 	product, or for other medical purposes, and is marketed and sold for such an approved 
116.29 	purpose.
116.30 		Subd. 1a.Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or 
116.31 	electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor 
116.32 	for the first violation. Whoever violates this subdivision a subsequent time within five 
116.33 	years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
116.34 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
116.35 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
116.36 	relied on proof of age as described in section 340A.503, subdivision 6.
117.1 		Subd. 2.Other offenses. (a) Whoever furnishes tobacco or, tobacco-related 
117.2 	devices, or electronic delivery devices to a person under the age of 18 years is guilty of a 
117.3 	misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 
117.4 	guilty of a gross misdemeanor.
117.5 	(b) A person under the age of 18 years who purchases or attempts to purchase 
117.6 	tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's 
117.7 	license, permit, Minnesota identification card, or any type of false identification to 
117.8 	misrepresent the person's age, is guilty of a misdemeanor.
117.9 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivision 2, 
117.10 	whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 
117.11 	purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery 
117.12 	devices and is under the age of 18 years is guilty of a petty misdemeanor.
117.13 		Subd. 4.Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 
117.14 	or preclude the continuation or adoption of any local ordinance which provides for more 
117.15 	stringent regulation of the subject matter in subdivisions 1 to 3.
117.16 		Subd. 5.Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 
117.17 	tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 
117.18 	traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 
117.19 	is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
117.20 	(b) The penalties in this section do not apply to a person under the age of 18 years 
117.21 	who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic 
117.22 	delivery devices while under the direct supervision of a responsible adult for training, 
117.23 	education, research, or enforcement purposes.
117.24 		Subd. 6.Seizure of false identification. A retailer may seize a form of identification 
117.25 	listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 
117.26 	that the form of identification has been altered or falsified or is being used to violate any 
117.27 	law. A retailer that seizes a form of identification as authorized under this subdivision 
117.28 	shall deliver it to a law enforcement agency within 24 hours of seizing it.

117.29 	Sec. 31. Minnesota Statutes 2012, section 609.6855, is amended to read:
117.30 	609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
117.31 		Subdivision 1.Penalty to sell. (a) Whoever sells to a person under the age of 
117.32 	18 years a product containing or delivering nicotine or lobelia intended for human 
117.33 	consumption, or any part of such a product, that is not tobacco or an electronic delivery 
117.34 	device as defined by section 609.685, is guilty of a misdemeanor for the first violation. 
118.1 	Whoever violates this subdivision a subsequent time within five years of a previous 
118.2 	conviction under this subdivision is guilty of a gross misdemeanor.
118.3 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
118.4 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
118.5 	relied on proof of age as described in section 340A.503, subdivision 6.
118.6 	(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 
118.7 	lobelia intended for human consumption, or any part of such a product, that is not tobacco
118.8 	 or an electronic delivery device as defined by section 609.685, may be sold to persons 
118.9 	under the age of 18 if the product has been approved or otherwise certified for legal sale 
118.10 	by the United States Food and Drug Administration for tobacco use cessation, harm 
118.11 	reduction, or for other medical purposes, and is being marketed and sold solely for that 
118.12 	approved purpose.
118.13 		Subd. 2.Other offense. A person under the age of 18 years who purchases or 
118.14 	attempts to purchase a product containing or delivering nicotine or lobelia intended for 
118.15 	human consumption, or any part of such a product, that is not tobacco or an electronic 
118.16 	delivery device as defined by section 609.685, and who uses a driver's license, permit, 
118.17 	Minnesota identification card, or any type of false identification to misrepresent the 
118.18 	person's age, is guilty of a misdemeanor.
118.19 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 
118.20 	2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 
118.21 	a product containing or delivering nicotine or lobelia intended for human consumption, or 
118.22 	any part of such a product, that is not tobacco or an electronic delivery device as defined 
118.23 	by section 609.685, is guilty of a petty misdemeanor.

118.24 	Sec. 32. EVALUATION AND REPORTING REQUIREMENTS.
 118.25 	(a) The commissioner of health shall consult with the Alzheimer's Association, 
118.26 	Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term 
118.27 	care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
118.28 	(1) whether additional settings, provider types, licensed and unlicensed personnel, or 
118.29 	health care services regulated by the commissioner should be required to comply with the 
118.30 	training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
118.31 	(2) cost implications for the groups or individuals identified in clause (1) to comply 
118.32 	with the training requirements;
118.33 	(3) dementia education options available;
118.34 	(4) existing dementia training mandates under federal and state statutes and rules; and
119.1 	(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and 
119.2 	144D.11, and methods to determine compliance with the training requirements.
119.3 	(b) The commissioner shall report the evaluation to the chairs of the health and 
119.4 	human services committees of the legislature no later than February 15, 2015, along with 
119.5 	any recommendations for legislative changes.

119.6 	Sec. 33. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
 119.7 	The commissioner of health shall develop recommendations on ways to minimize 
119.8 	triclosan health risks.

119.9 	Sec. 34. FOREIGN-TRAINED PHYSICIAN TASK FORCE.
 119.10 	(a) The commissioner of health shall appoint members to an advisory task force by 
119.11 	July 1, 2014, to develop strategies to integrate refugee and asylee physicians into the 
119.12 	Minnesota health care delivery system. The task force shall:
119.13 	(1) analyze demographic information of current medical providers compared to the 
119.14 	population of the state;
119.15 	(2) identify, to the extent possible, foreign-trained physicians living in Minnesota 
119.16 	who are refugees or asylees and interested in meeting the requirements to enter medical 
119.17 	practice or other health careers;
119.18 	(3) identify costs and barriers associated with integrating foreign-trained physicians 
119.19 	into the state workforce;
119.20 	(4) explore alternative roles and professions for foreign-trained physicians who are 
119.21 	unable to practice as physicians in the Minnesota health care system; and
119.22 	(5) identify possible funding sources to integrate foreign-trained physicians into the 
119.23 	state workforce as physicians or other health professionals.
119.24 	(b) The commissioner shall provide assistance to the task force, within available 
119.25 	resources.
119.26 	(c) By January 15, 2015, the task force must submit recommendations to the 
119.27 	commissioner of health. The commissioner shall report findings and recommendations to 
119.28 	the legislative committees with jurisdiction over health care by January 15, 2015.

119.29 	Sec. 35.  REPEALER.
 119.30 	 Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

120.1 	ARTICLE 7
120.2 	LOCAL PUBLIC HEALTH SYSTEM

120.3 	Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a 
120.4 	subdivision to read:
120.5 		Subd. 1a.Areas of public health responsibility. "Areas of public health 
120.6 	responsibility" means:
120.7 	(1) assuring an adequate local public health infrastructure;
120.8 	(2) promoting healthy communities and healthy behaviors;
120.9 	(3) preventing the spread of communicable disease;
120.10 	(4) protecting against environmental health hazards;
120.11 	(5) preparing for and responding to emergencies; and
120.12 	(6) assuring health services.

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

120.20 	Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
120.21 	to read:
120.22 		Subd. 6a.Community health services administrator. "Community health services 
120.23 	administrator" means a person who meets personnel standards for the position established 
120.24 	under section 145A.06, subdivision 3b, and is working under a written agreement with, 
120.25 	employed by, or under contract with a community health board to provide public health 
120.26 	leadership and to discharge the administrative and program responsibilities on behalf of 
120.27 	the board.

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

121.3 	Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
121.4 	to read:
121.5 		Subd. 8b.Essential public health services. "Essential public health services" 
121.6 	means the public health activities that all communities should undertake. These services 
121.7 	serve as the framework for the National Public Health Performance Standards. In 
121.8 	Minnesota they refer to activities that are conducted to accomplish the areas of public 
121.9 	health responsibility. The ten essential public health services are to:
121.10 	(1) monitor health status to identify and solve community health problems;
121.11 	(2) diagnose and investigate health problems and health hazards in the community;
121.12 	(3) inform, educate, and empower people about health issues;
121.13 	(4) mobilize community partnerships and action to identify and solve health 
121.14 	problems;
121.15 	(5) develop policies and plans that support individual and community health efforts;
121.16 	(6) enforce laws and regulations that protect health and ensure safety;
121.17 	(7) link people to needed personal health services and assure the provision of health 
121.18 	care when otherwise unavailable;
121.19 	(8) maintain a competent public health workforce;
121.20 	(9) evaluate the effectiveness, accessibility, and quality of personal and 
121.21 	population-based health services; and
121.22 	(10) contribute to research seeking new insights and innovative solutions to health 
121.23 	problems.

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

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

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

122.9 	Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
122.10 		Subdivision 1.Establishment; assignment of responsibilities. (a) The governing 
122.11 	body of a city or county must undertake the responsibilities of a community health board 
122.12 	of health or establish a board of health by establishing or joining a community health 
122.13 	board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of 
122.14 	a board of health specified under section 145A.04.
122.15 	(b) A city council may ask a county or joint powers board of health to undertake 
122.16 	the responsibilities of a board of health for the city's jurisdiction. A community health 
122.17 	board must include within its jurisdiction a population of 30,000 or more persons or be 
122.18 	composed of three or more contiguous counties.
122.19 	(c) A county board or city council within the jurisdiction of a community health 
122.20 	board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
122.21 	 community health board except as specified in section 145A.10, subdivision 2 145A.131.
122.22 	(d) A county board or a joint powers board that establishes a community health 
122.23 	board and has or establishes an operational human services board under chapter 402 may 
122.24 	assign the powers and duties of a community health board to a human services board. 
122.25 	Eligibility for funding from the commissioner will be maintained if all requirements of 
122.26 	sections 145A.03 and 145A.04 are met.
122.27 	(e) Community health boards established prior to January 1, 2014, including city 
122.28 	community health boards, are eligible to maintain their status as community health boards 
122.29 	as outlined in this subdivision.
122.30 	(f) A community health board may authorize, by resolution, the community 
122.31 	health service administrator or other designated agent or agents to act on behalf of the 
122.32 	community health board.

122.33 	Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
123.1 		Subd. 2.Joint powers community health board of health. Except as preempted 
123.2 	under section 145A.10, subdivision 2, A county may establish a joint community health 
123.3 	board of health by agreement with one or more contiguous counties, or a an existing city 
123.4 	community health board may establish a joint community health board of health with one 
123.5 	or more contiguous cities in the same county, or a city may establish a joint board of health 
123.6 	with the existing city community health boards in the same county or counties within in
123.7 	 which it is located. The agreements must be established according to section 471.59.

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

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

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

123.26 	Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter 
123.27 	43, section 21, is amended to read:
123.28 	145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF 
123.29 	HEALTH.
123.30 		Subdivision 1.Jurisdiction; enforcement. (a) A county or multicountycommunity 
123.31 	health board of health has the powers and duties of a board of health for all territory within 
123.32 	its jurisdiction not under the jurisdiction of a city board of health. Under the general 
124.1 	supervision of the commissioner, the board shall enforce laws, regulations, and ordinances 
124.2 	pertaining to the powers and duties of a board of health within its jurisdictional area
124.3 	 general responsibility for development and maintenance of a system of community health 
124.4 	services under local administration and within a system of state guidelines and standards.
124.5 	(b) Under the general supervision of the commissioner, the community health board 
124.6 	shall recommend the enforcement of laws, regulations, and ordinances pertaining to the 
124.7 	powers and duties within its jurisdictional area. In the case of a multicounty or city 
124.8 	community health board, the joint powers agreement under section 145A.03, subdivision 
124.9 	2, or delegation agreement under section 145A.07 shall clearly specify enforcement 
124.10 	authorities.
124.11 	(c) A member of a community health board may not withdraw from a joint powers 
124.12 	community health board during the first two calendar years following the effective 
124.13 	date of the initial joint powers agreement. The withdrawing member must notify the 
124.14 	commissioner and the other parties to the agreement at least one year before the beginning 
124.15 	of the calendar year in which withdrawal takes effect.
124.16 	(d) The withdrawal of a county or city from a community health board does not 
124.17 	affect the eligibility for the local public health grant of any remaining county or city for 
124.18 	one calendar year following the effective date of withdrawal.
124.19 	(e) The local public health grant for a county or city that chooses to withdraw from 
124.20 	a multicounty community health board shall be reduced by the amount of the local 
124.21 	partnership incentive.
124.22 		Subd. 1a.Duties. Consistent with the guidelines and standards established under 
124.23 	section 145A.06, the community health board shall:
124.24 	(1) identify local public health priorities and implement activities to address the 
124.25 	priorities and the areas of public health responsibility, which include:
124.26 	(i) assuring an adequate local public health infrastructure by maintaining the basic 
124.27 	foundational capacities to a well-functioning public health system that includes data 
124.28 	analysis and utilization; health planning; partnership development and community 
124.29 	mobilization; policy development, analysis, and decision support; communication; and 
124.30 	public health research, evaluation, and quality improvement;
124.31 	(ii) promoting healthy communities and healthy behavior through activities 
124.32 	that improve health in a population, such as investing in healthy families; engaging 
124.33 	communities to change policies, systems, or environments to promote positive health or 
124.34 	prevent adverse health; providing information and education about healthy communities 
124.35 	or population health status; and addressing issues of health equity, health disparities, and 
124.36 	the social determinants to health;
125.1 	(iii) preventing the spread of communicable disease by preventing diseases that are 
125.2 	caused by infectious agents through detecting acute infectious diseases, ensuring the 
125.3 	reporting of infectious diseases, preventing the transmission of infectious diseases, and 
125.4 	implementing control measures during infectious disease outbreaks;
125.5 	(iv) protecting against environmental health hazards by addressing aspects of the 
125.6 	environment that pose risks to human health, such as monitoring air and water quality; 
125.7 	developing policies and programs to reduce exposure to environmental health risks and 
125.8 	promote healthy environments; and identifying and mitigating environmental risks such as 
125.9 	food and waterborne diseases, radiation, occupational health hazards, and public health 
125.10 	nuisances;
125.11 	(v) preparing and responding to emergencies by engaging in activities that prepare 
125.12 	public health departments to respond to events and incidents and assist communities in 
125.13 	recovery, such as providing leadership for public health preparedness activities with 
125.14 	a community; developing, exercising, and periodically reviewing response plans for 
125.15 	public health threats; and developing and maintaining a system of public health workforce 
125.16 	readiness, deployment, and response; and
125.17 	(vi) assuring health services by engaging in activities such as assessing the 
125.18 	availability of health-related services and health care providers in local communities, 
125.19 	identifying gaps and barriers in services; convening community partners to improve 
125.20 	community health systems; and providing services identified as priorities by the local 
125.21 	assessment and planning process; and
125.22 	(2) submit to the commissioner of health, at least every five years, a community 
125.23 	health assessment and community health improvement plan, which shall be developed 
125.24 	with input from the community and take into consideration the statewide outcomes, the 
125.25 	areas of responsibility, and essential public health services;
125.26 	(3) implement a performance management process in order to achieve desired 
125.27 	outcomes; and
125.28 	(4) annually report to the commissioner on a set of performance measures and be 
125.29 	prepared to provide documentation of ability to meet the performance measures.
125.30 		Subd. 2.Appointment of agent community health service (CHS) administrator.
 125.31 	A community health board of health must appoint, employ, or contract with a person or 
125.32 	persons CHS administrator to act on its behalf. The board shall notify the commissioner 
125.33 	of the agent's name, address, and phone number where the agent may be reached between 
125.34 	board meetings CHS administrator's contact information and submit a copy of the 
125.35 	resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
126.1 	 The resolution must specify the types of action or actions that the CHS administrator is 
126.2 	authorized to take on behalf of the board.
126.3 		Subd. 2a.Appointment of medical consultant. The community health board shall 
126.4 	appoint, employ, or contract with a medical consultant to ensure appropriate medical 
126.5 	advice and direction for the community health board and assist the board and its staff in 
126.6 	the coordination of community health services with local medical care and other health 
126.7 	services.
126.8 		Subd. 3.Employment; medical consultant employees. (a) A community health 
126.9 	board of health may establish a health department or other administrative agency and may 
126.10 	employ persons as necessary to carry out its duties.
126.11 	(b) Except where prohibited by law, employees of the community health board 
126.12 	of health may act as its agents.
126.13 	(c) Employees of the board of health are subject to any personnel administration 
126.14 	rules adopted by a city council or county board forming the board of health unless the 
126.15 	employees of the board are within the scope of a statewide personnel administration 
126.16 	system. Persons employed by a county, city, or the state whose functions and duties are 
126.17 	assumed by a community health board shall become employees of the board without 
126.18 	loss in benefits, salaries, or rights.
126.19 	(d) The board of health may appoint, employ, or contract with a medical consultant 
126.20 	to receive appropriate medical advice and direction.
126.21 		Subd. 4.Acquisition of property; request for and acceptance of funds; 
126.22 	collection of fees. (a) A community health board of health may acquire and hold in the 
126.23 	name of the county or city the lands, buildings, and equipment necessary for the purposes 
126.24 	of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts, 
126.25 	purchase, lease, or transfer of custodial control.
126.26 	(b) A community health board of health may accept gifts, grants, and subsidies from 
126.27 	any lawful source, apply for and accept state and federal funds, and request and accept 
126.28 	local tax funds.
126.29 	(c) A community health board of health may establish and collect reasonable fees 
126.30 	for performing its duties and providing community health services.
126.31 	(d) With the exception of licensing and inspection activities, access to community 
126.32 	health services provided by or on contract with the community health board of health must 
126.33 	not be denied to an individual or family because of inability to pay.
126.34 		Subd. 5.Contracts. To improve efficiency, quality, and effectiveness, avoid 
126.35 	unnecessary duplication, and gain cost advantages, a community health board of health
126.36 	 may contract to provide, receive, or ensure provision of services.
127.1 		Subd. 6.Investigation; reporting and control of communicable diseases. A 
127.2 	community health board of health shall make investigations, or coordinate with any 
127.3 	county board or city council within its jurisdiction to make investigations and reports and 
127.4 	obey instructions on the control of communicable diseases as the commissioner may 
127.5 	direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health 
127.6 	boards of healthmust cooperate so far as practicable to act together to prevent and control 
127.7 	epidemic diseases.
127.8 		Subd. 6a.Minnesota Responds Medical Reserve Corps; planning. A community 
127.9 	health board of health receiving funding for emergency preparedness or pandemic 
127.10 	influenza planning from the state or from the United States Department of Health and 
127.11 	Human Services shall participate in planning for emergency use of volunteer health 
127.12 	professionals through the Minnesota Responds Medical Reserve Corps program of the 
127.13 	Department of Health. A community health board of health shall collaborate on volunteer 
127.14 	planning with other public and private partners, including but not limited to local or 
127.15 	regional health care providers, emergency medical services, hospitals, tribal governments, 
127.16 	state and local emergency management, and local disaster relief organizations.
127.17 		Subd. 6b.Minnesota Responds Medical Reserve Corps; agreements. A 
127.18 	community health board of health, county, or city participating in the Minnesota Responds 
127.19 	Medical Reserve Corps program may enter into written mutual aid agreements for 
127.20 	deployment of its paid employees and its Minnesota Responds Medical Reserve Corps 
127.21 	volunteers with other community health boards of health, other political subdivisions 
127.22 	within the state, or with tribal governments within the state. A community health board 
127.23 	of health may also enter into agreements with the Indian Health Services of the United 
127.24 	States Department of Health and Human Services, and with boards of health, political 
127.25 	subdivisions, and tribal governments in bordering states and Canadian provinces.
127.26 		Subd. 6c.Minnesota Responds Medical Reserve Corps; when mobilized. When 
127.27 	a community health board of health, county, or city finds that the prevention, mitigation, 
127.28 	response to, or recovery from an actual or threatened public health event or emergency 
127.29 	exceeds its local capacity, it shall use available mutual aid agreements. If the event or 
127.30 	emergency exceeds mutual aid capacities, a community health board of health, county, or 
127.31 	city may request the commissioner of health to mobilize Minnesota Responds Medical 
127.32 	Reserve Corps volunteers from outside the jurisdiction of the community health board 
127.33 	of health, county, or city.
127.34 		Subd. 6d.Minnesota Responds Medical Reserve Corps; liability coverage.
 127.35 	A Minnesota Responds Medical Reserve Corps volunteer responding to a request for 
127.36 	training or assistance at the call of a community health board of health, county, or city
128.1 	 must be deemed an employee of the jurisdiction for purposes of workers' compensation, 
128.2 	tort claim defense, and indemnification.
128.3 		Subd. 7.Entry for inspection. To enforce public health laws, ordinances or rules, a 
128.4 	member or agent of a community health board of health, county, or city may enter a 
128.5 	building, conveyance, or place where contagion, infection, filth, or other source or cause 
128.6 	of preventable disease exists or is reasonably suspected.
128.7 		Subd. 8.Removal and abatement of public health nuisances. (a) If a threat to the 
128.8 	public health such as a public health nuisance, source of filth, or cause of sickness is found 
128.9 	on any property, the community health board of health, county, city, or its agent shall order 
128.10 	the owner or occupant of the property to remove or abate the threat within a time specified 
128.11 	in the notice but not longer than ten days. Action to recover costs of enforcement under 
128.12 	this subdivision must be taken as prescribed in section 145A.08.
128.13 	(b) Notice for abatement or removal must be served on the owner, occupant, or agent 
128.14 	of the property in one of the following ways:
128.15 	(1) by registered or certified mail;
128.16 	(2) by an officer authorized to serve a warrant; or
128.17 	(3) by a person aged 18 years or older who is not reasonably believed to be a party to 
128.18 	any action arising from the notice.
128.19 	(c) If the owner of the property is unknown or absent and has no known representative 
128.20 	upon whom notice can be served, the community health board of health, county, or city,
128.21 	 or its agent, shall post a written or printed notice on the property stating that, unless the 
128.22 	threat to the public health is abated or removed within a period not longer than ten days, 
128.23 	the community health board, county, or city will have the threat abated or removed at the 
128.24 	expense of the owner under section 145A.08 or other applicable state or local law.
128.25 	(d) If the owner, occupant, or agent fails or neglects to comply with the requirement 
128.26 	of the notice provided under paragraphs (b) and (c), then the community health board of 
128.27 	health, county, city, or its a designated agent of the board, county, or city shall remove or 
128.28 	abate the nuisance, source of filth, or cause of sickness described in the notice from the 
128.29 	property.
128.30 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
128.31 	community health board of health, county, or city may bring an action in the court of 
128.32 	appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board 
128.33 	has power to enforce, or to enjoin as a public health nuisance any activity or failure to 
128.34 	act that adversely affects the public health.
128.35 		Subd. 10.Hindrance of enforcement prohibited; penalty. It is a misdemeanor 
128.36 	deliberately to deliberately hinder a member of a community health board of health, 
129.1 	county or city, or its agent from entering a building, conveyance, or place where contagion, 
129.2 	infection, filth, or other source or cause of preventable disease exists or is reasonably 
129.3 	suspected, or otherwise to interfere with the performance of the duties of the board of 
129.4 	health responsible jurisdiction.
129.5 		Subd. 11.Neglect of enforcement prohibited; penalty. It is a misdemeanor for 
129.6 	a member or agent of a community health board of health, county, or city to refuse or 
129.7 	neglect to perform a duty imposed on a board of health an applicable jurisdiction by 
129.8 	statute or ordinance.
129.9 		Subd. 12.Other powers and duties established by law. This section does not limit 
129.10 	powers and duties of a community health board of health, county, or city prescribed in 
129.11 	other sections.
129.12 		Subd. 13.Recommended legislation. The community health board may recommend 
129.13 	local ordinances pertaining to community health services to any county board or city 
129.14 	council within its jurisdiction and advise the commissioner on matters relating to public 
129.15 	health that require assistance from the state, or that may be of more than local interest.
129.16 		Subd. 14.Equal access to services. The community health board must ensure that 
129.17 	community health services are accessible to all persons on the basis of need. No one shall 
129.18 	be denied services because of race, color, sex, age, language, religion, nationality, inability 
129.19 	to pay, political persuasion, or place of residence.
129.20 		Subd. 15.State and local advisory committees. (a) A state community 
129.21 	health services advisory committee is established to advise, consult with, and make 
129.22 	recommendations to the commissioner on the development, maintenance, funding, and 
129.23 	evaluation of local public health services. Each community health board may appoint a 
129.24 	member to serve on the committee. The committee must meet at least quarterly, and 
129.25 	special meetings may be called by the committee chair or a majority of the members. 
129.26 	Members or their alternates may be reimbursed for travel and other necessary expenses 
129.27 	while engaged in their official duties.
129.28 	(b) Notwithstanding section 15.059, the State Community Health Services Advisory 
129.29 	Committee does not expire.
129.30 	(c) The city boards or county boards that have established or are members of a 
129.31 	community health board may appoint a community health advisory to advise, consult 
129.32 	with, and make recommendations to the community health board on the duties under 
129.33 	subdivision 1a.

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

130.6 	Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
130.7 		Subd. 2.Supervision of local enforcement. (a) In the absence of provision for a 
130.8 	community health board of health, the commissioner may appoint three or more persons 
130.9 	to act as a board until one is established. The commissioner may fix their compensation, 
130.10 	which the county or city must pay.
130.11 	(b) The commissioner by written order may require any two or more community 
130.12 	health boards of health, counties, or cities to act together to prevent or control epidemic 
130.13 	diseases.
130.14 	(c) If a community health board, county, or city fails to comply with section 145A.04, 
130.15 	subdivision 6, the commissioner may employ medical and other help necessary to control 
130.16 	communicable disease at the expense of the board of health jurisdiction involved.
130.17 	(d) If the commissioner has reason to believe that the provisions of this chapter have 
130.18 	been violated, the commissioner shall inform the attorney general and submit information 
130.19 	to support the belief. The attorney general shall institute proceedings to enforce the 
130.20 	provisions of this chapter or shall direct the county attorney to institute proceedings.

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

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

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

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

131.18 	Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
131.19 		Subd. 6.Health volunteer program. (a) The commissioner may accept grants from 
131.20 	the United States Department of Health and Human Services for the emergency system 
131.21 	for the advanced registration of volunteer health professionals (ESAR-VHP) established 
131.22 	under United States Code, title 42, section 247d-7b. The ESAR-VHP program as 
131.23 	implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
131.24 	(b) The commissioner may maintain a registry of volunteers for the Minnesota 
131.25 	Responds Medical Reserve Corps and obtain data on volunteers relevant to possible 
131.26 	deployments within and outside the state. All state licensing and certifying boards 
131.27 	shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify 
131.28 	volunteers' information. The commissioner may also obtain information from other states 
131.29 	and national licensing or certifying boards for health practitioners.
131.30 	(c) The commissioner may share volunteers' data, including any data classified 
131.31 	as private data, from the Minnesota Responds Medical Reserve Corps registry with 
131.32 	community health boards of health, cities or counties, the University of Minnesota's 
131.33 	Academic Health Center or other public or private emergency preparedness partners, or 
132.1 	tribal governments operating Minnesota Responds Medical Reserve Corps units as needed 
132.2 	for credentialing, organizing, training, and deploying volunteers. Upon request of another 
132.3 	state participating in the ESAR-VHP or of a Canadian government administering a similar 
132.4 	health volunteer program, the commissioner may also share the volunteers' data as needed 
132.5 	for emergency preparedness and response.

132.6 	Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is 
132.7 	amended to read:
132.8 		Subd. 7. Commissioner requests for health volunteers. (a) When the 
132.9 	commissioner receives a request for health volunteers from:
132.10 	(1) a local board of health community health board, county, or city according to 
132.11 	section 145A.04, subdivision 6c;
132.12 	(2) the University of Minnesota Academic Health Center;
132.13 	(3) another state or a territory through the Interstate Emergency Management 
132.14 	Assistance Compact authorized under section 192.89;
132.15 	(4) the federal government through ESAR-VHP or another similar program; or
132.16 	(5) a tribal or Canadian government;
132.17 	the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 
132.18 	Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 
132.19 	the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 
132.20 	respond to the request. The commissioner may also ask for Minnesota Responds Medical 
132.21 	Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
132.22 	(b) The commissioner may request Minnesota Responds Medical Reserve Corps 
132.23 	volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 
132.24 	or temporary units providing emergency patient stabilization, medical transport, or 
132.25 	ambulatory care. The commissioner may utilize the volunteers for training, mobilization 
132.26 	or demobilization, inspection, maintenance, repair, or other support functions for the 
132.27 	MMU facility or for other emergency units, as well as for provision of health care services.
132.28 	(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 
132.29 	Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 
132.30 	compensation provided by the volunteer's employer during volunteer service requested by 
132.31 	the commissioner. An employer is not liable for actions of an employee while serving as a 
132.32 	Minnesota Responds Medical Reserve Corps volunteer.
132.33 	(d) If the commissioner matches the request under paragraph (a) with Minnesota 
132.34 	Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 
132.35 	of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 
133.1 	the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 
133.2 	sending and receiving jurisdictions in monitoring deployments, and shall coordinate 
133.3 	efforts with the division of homeland security and emergency management for out-of-state 
133.4 	deployments through the Interstate Emergency Management Assistance Compact or 
133.5 	other emergency management compacts.
133.6 	(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 
133.7 	Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 
133.8 	apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 
133.9 	across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 
133.10 	the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 
133.11 	as of their initial deployment in response to the event or emergency that triggered a 
133.12 	subsequent commissioner's call.
133.13 	(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 
133.14 	request for training or assistance at the call of the commissioner must be deemed an 
133.15 	employee of the state for purposes of workers' compensation and tort claim defense and 
133.16 	indemnification under section 3.736, without regard to whether the volunteer's activity is 
133.17 	under the direction and control of the commissioner, the division of homeland security 
133.18 	and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 
133.19 	hospital, alternate care site, or other health care provider treating patients from the public 
133.20 	health event or emergency.
133.21 	(2) For purposes of calculating workers' compensation benefits under chapter 176, 
133.22 	the daily wage must be the usual wage paid at the time of injury or death for similar services 
133.23 	performed by paid employees in the community where the volunteer regularly resides, or 
133.24 	the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
133.25 	(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 
133.26 	reimbursement for travel and subsistence expenses during a deployment approved by the 
133.27 	commissioner under this subdivision according to reimbursement limits established for 
133.28 	paid state employees. Deployment begins when the volunteer leaves on the deployment 
133.29 	until the volunteer returns from the deployment, including all travel related to the 
133.30 	deployment. The Department of Health shall initially review and pay those expenses to 
133.31 	the volunteer. Except as otherwise provided by the Interstate Emergency Management 
133.32 	Assistance Compact in section 192.89 or agreements made thereunder, the department 
133.33 	shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 
133.34 	department for expenses of the volunteers.
133.35 	(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 
133.36 	deployed outside the state pursuant to the Interstate Emergency Management Assistance 
134.1 	Compact, the provisions of the Interstate Emergency Management Assistance Compact 
134.2 	must control over any inconsistent provisions in this section.
134.3 	(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 
134.4 	for workers' compensation arising out of a deployment under this section or out of a 
134.5 	training exercise conducted by the commissioner, the volunteer's workers compensation 
134.6 	benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 
134.7 	volunteer may also qualify under other clauses of section 176.011, subdivision 9.

134.8 	Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
134.9 		Subdivision 1.Agreements to perform duties of commissioner. (a) The 
134.10 	commissioner of health may enter into an agreement with any community health board of 
134.11 	health, county, or city to delegate all or part of the licensing, inspection, reporting, and 
134.12 	enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to 
134.13 	144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining 
134.14 	to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
134.15 	to 327.28.
134.16 	(b) Agreements are subject to subdivision 3.
134.17 	(c) This subdivision does not affect agreements entered into under Minnesota 
134.18 	Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

134.19 	Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
134.20 		Subd. 2.Agreements to perform duties of community health board of health.
 134.21 	A community health board of health may authorize a township board, city council, or 
134.22 	county board within its jurisdiction to establish a board of health under section 145A.03
134.23 	 and delegate to the board of health by agreement any powers or duties under sections 
134.24 	145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community 
134.25 	health board responsibilities. An agreement to delegate community health board powers 
134.26 	and duties of a board of health to a county or city must be approved by the commissioner 
134.27 	and is subject to subdivision 3.

134.28 	Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
134.29 	145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
134.30 		Subdivision 1.Cost of care. A person who has or whose dependent or spouse has a 
134.31 	communicable disease that is subject to control by the community health board of health is 
134.32 	financially liable to the unit or agency of government that paid for the reasonable cost of 
134.33 	care provided to control the disease under section 145A.04, subdivision 6.
135.1 		Subd. 2.Assessment of costs of enforcement. (a) If costs are assessed for 
135.2 	enforcement of section 145A.04, subdivision 8, and no procedure for the assessment 
135.3 	of costs has been specified in an agreement established under section 145A.07, the 
135.4 	enforcement costs must be assessed as prescribed in this subdivision.
135.5 	(b) A debt or claim against an individual owner or single piece of real property 
135.6 	resulting from an enforcement action authorized by section 145A.04, subdivision 8, must 
135.7 	not exceed the cost of abatement or removal.
135.8 	(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be 
135.9 	assessed and charged against the real property on which the public health nuisance, source 
135.10 	of filth, or cause of sickness was located. The auditor of the county in which the action is 
135.11 	taken shall extend the cost so assessed and charged on the tax roll of the county against the 
135.12 	real property on which the enforcement action was taken.
135.13 	(d) The cost of an enforcement action taken by a town or city board of health under 
135.14 	section 145A.04, subdivision 8, may be recovered from the county in which the town or 
135.15 	city is located if the city clerk or other officer certifies the costs of the enforcement action 
135.16 	to the county auditor as prescribed in this section. Taxes equal to the full amount of the 
135.17 	enforcement action but not exceeding the limit in paragraph (b) must be collected by the 
135.18 	county treasurer and paid to the city or town as other taxes are collected and paid.
135.19 		Subd. 3.Tax levy authorized. A city council or county board that has formed or is 
135.20 	a member of a community health board of health may levy taxes on all taxable property in 
135.21 	its jurisdiction to pay the cost of performing its duties under this chapter.

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

135.29 	Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
135.30 	145A.131 LOCAL PUBLIC HEALTH GRANT.
135.31 		Subdivision 1.Funding formula for community health boards. (a) Base funding 
135.32 	for each community health board eligible for a local public health grant under section 
135.33 	145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community 
135.34 	health board's fiscal year 2003 allocations, prior to unallotment, for the following grant 
136.1 	programs: community health services subsidy; state and federal maternal and child health 
136.2 	special projects grants; family home visiting grants; TANF MN ENABL grants; TANF 
136.3 	youth risk behavior grants; and available women, infants, and children grant funds in fiscal 
136.4 	year 2003, prior to unallotment, distributed based on the proportion of WIC participants 
136.5 	served in fiscal year 2003 within the CHS service area.
136.6 	(b) Base funding for a community health board eligible for a local public health grant 
136.7 	under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph 
136.8 	(a), shall be adjusted by the percentage difference between the base, as calculated in 
136.9 	paragraph (a), and the funding available for the local public health grant.
136.10 	(c) Multicounty or multicity community health boards shall receive a local 
136.11 	partnership base of up to $5,000 per year for each county or city in the case of a multicity 
136.12 	community health board included in the community health board.
136.13 	(d) The State Community Health Advisory Committee may recommend a formula to 
136.14 	the commissioner to use in distributing state and federal funds to community health boards 
136.15 	organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally 
136.16 	identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04, 
136.17 	subdivision 1a, for use in distributing funds to community health boards beginning 
136.18 	January 1, 2006, and thereafter.
136.19 		Subd. 2.Local match. (a) A community health board that receives a local public 
136.20 	health grant shall provide at least a 75 percent match for the state funds received through 
136.21 	the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
136.22 	(b) Eligible funds must be used to meet match requirements. Eligible funds include 
136.23 	funds from local property taxes, reimbursements from third parties, fees, other local funds, 
136.24 	and donations or nonfederal grants that are used for community health services described 
136.25 	in section 145A.02, subdivision 6.
136.26 	(c) When the amount of local matching funds for a community health board is less 
136.27 	than the amount required under paragraph (a), the local public health grant provided for 
136.28 	that community health board under this section shall be reduced proportionally.
136.29 	(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
136.30 	that levies a tax for provision of community health services is exempt from any county 
136.31 	levy for the same services to the extent of the levy imposed by the city.
136.32 		Subd. 3.Accountability. (a) Community health boards accepting local public health 
136.33 	grants must document progress toward the statewide outcomes established in section 
136.34 	145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
136.35 	 meet all of the requirements and perform all of the duties described in sections 145A.03 
136.36 	and 145A.04, to maintain eligibility to receive the local public health grant.
137.1 	(b) In determining whether or not the community health board is documenting 
137.2 	progress toward statewide outcomes, the commissioner shall consider the following factors:
137.3 	(1) whether the community health board has documented progress to meeting 
137.4 	essential local activities related to the statewide outcomes, as specified in the grant 
137.5 	agreement;
137.6 	(2) the effort put forth by the community health board toward the selected statewide 
137.7 	outcomes;
137.8 	(3) whether the community health board has previously failed to document progress 
137.9 	toward selected statewide outcomes under this section;
137.10 	(4) the amount of funding received by the community health board to address the 
137.11 	statewide outcomes; and
137.12 	(5) other factors as the commissioner may require, if the commissioner specifically 
137.13 	identifies the additional factors in the commissioner's written notice of determination.
137.14 	(c) If the commissioner determines that a community health board has not by 
137.15 	the applicable deadline documented progress toward the selected statewide outcomes 
137.16 	established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall 
137.17 	notify the community health board in writing and recommend specific actions that the 
137.18 	community health board should take over the following 12 months to maintain eligibility 
137.19 	for the local public health grant.
137.20 	(d) During the 12 months following the written notification, the commissioner shall 
137.21 	provide administrative and program support to assist the community health board in 
137.22 	taking the actions recommended in the written notification.
137.23 	(e) If the community health board has not taken the specific actions recommended by 
137.24 	the commissioner within 12 months following written notification, the commissioner may 
137.25 	determine not to distribute funds to the community health board under section 145A.12, 
137.26 	subdivision 2, for the next fiscal year.
137.27 	(f) If the commissioner determines not to distribute funds for the next fiscal year, the 
137.28 	commissioner must give the community health board written notice of this determination 
137.29 	and allow the community health board to appeal the determination in writing.
137.30 	(g) If the commissioner determines not to distribute funds for the next fiscal year 
137.31 	to a community health board that has not documented progress toward the statewide 
137.32 	outcomes and not taken the actions recommended by the commissioner, the commissioner 
137.33 	may retain local public health grant funds that the community health board would have 
137.34 	otherwise received and directly carry out essential local activities to meet the statewide 
137.35 	outcomes, or contract with other units of government or community-based organizations 
137.36 	to carry out essential local activities related to the statewide outcomes.
138.1 	(h) If the community health board that does not document progress toward the 
138.2 	statewide outcomes is a city, the commissioner shall distribute the local public health 
138.3 	funds that would have been allocated to that city to the county in which the city is located, 
138.4 	if that county is part of a community health board.
138.5 	(i) The commissioner shall establish a reporting system by which community health 
138.6 	boards will document their progress toward statewide outcomes. This system will be 
138.7 	developed in consultation with the State Community Health Services Advisory Committee 
138.8 	established in section 145A.10, subdivision 10, paragraph (a).
138.9 	(b) By January 1 of each year, the commissioner shall notify community health 
138.10 	boards of the performance-related accountability requirements of the local public health 
138.11 	grant for that calendar year. Performance-related accountability requirements will be 
138.12 	comprised of a subset of the annual performance measures and will be selected in 
138.13 	consultation with the State Community Health Services Advisory Committee.
138.14 	(c) If the commissioner determines that a community health board has not met the 
138.15 	accountability requirements, the commissioner shall notify the community health board in 
138.16 	writing and recommend specific actions the community health board must take over the 
138.17 	next six months in order to maintain eligibility for the Local Public Health Act grant.
138.18 	(d) Following the written notification in paragraph (c), the commissioner shall 
138.19 	provide administrative and program support to assist the community health board as 
138.20 	required in section 145A.06, subdivision 3a.
138.21 	(e) The commissioner shall provide the community health board two months 
138.22 	following the written notification to appeal the determination in writing.
138.23 	(f) If the community health board has not submitted an appeal within two months 
138.24 	or has not taken the specific actions recommended by the commissioner within six 
138.25 	months following written notification, the commissioner may elect to not reimburse 
138.26 	invoices for funds submitted after the six-month compliance period and shall reduce by 
138.27 	1/12 the community health board's annual award allocation for every successive month 
138.28 	of noncompliance.
138.29 	(g) The commissioner may retain the amount of funding that would have been 
138.30 	allocated to the community health board and assume responsibility for public health 
138.31 	activities in the geographic area served by the community health board.
138.32 		Subd. 4.Responsibility of commissioner to ensure a statewide public health 
138.33 	system. If a county withdraws from a community health board and operates as a board of 
138.34 	health or If a community health board elects not to accept the local public health grant, 
138.35 	the commissioner may retain the amount of funding that would have been allocated to 
138.36 	the community health board using the formula described in subdivision 1 and assume 
139.1 	responsibility for public health activities to meet the statewide outcomes in the geographic 
139.2 	area served by the board of health or community health board. The commissioner may 
139.3 	elect to directly provide public health activities to meet the statewide outcomes or contract 
139.4 	with other units of government or with community-based organizations. If a city that is 
139.5 	currently a community health board withdraws from a community health board or elects 
139.6 	not to accept the local public health grant, the local public health grant funds that would 
139.7 	have been allocated to that city shall be distributed to the county in which the city is 
139.8 	located, if the county is part of a community health board.
139.9 		Subd. 5.Local public health priorities Use of funds. Community health boards 
139.10 	may use their local public health grant to address local public health priorities identified 
139.11 	under section 145A.10, subdivision 5a. funds to address the areas of public health 
139.12 	responsibility and local priorities developed through the community health assessment and 
139.13 	community health improvement planning process.

139.14 	Sec. 28. REVISOR'S INSTRUCTION.
 139.15 	(a) The revisor shall change the terms "board of health" or "local board of health" or 
139.16 	any derivative of those terms to "community health board" where it appears in Minnesota 
139.17 	Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph 
139.18 	(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, 
139.19 	subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255, 
139.20 	subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision 
139.21 	6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471, 
139.22 	subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14; 
139.23 	375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
139.24 	(b) The revisor shall change the cross-reference from "145A.02, subdivision 2" 
139.25 	to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805, 
139.26 	subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68; 
139.27 	38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055, 
139.28 	subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351; 
139.29 	144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2; 
139.30 	144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201, 
139.31 	subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

139.32 	Sec. 29.  REPEALER.
 139.33 	Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 
139.34 	3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4, 
140.1 	5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall 
140.2 	remove cross-references to these repealed sections and make changes necessary to correct 
140.3 	punctuation, grammar, or structure of the remaining text.

140.4 	ARTICLE 8
140.5 	CONTINUING CARE

140.6 	Section 1. Minnesota Statutes 2012, section 245A.155, subdivision 1, is amended to 
140.7 	read:
140.8 		Subdivision 1.Licensed foster care and respite care. This section applies to 
140.9 	foster care agencies and licensed foster care providers who place, supervise, or care for 
140.10 	individuals who rely on medical monitoring equipment to sustain life or monitor a medical 
140.11 	condition that could become life-threatening without proper use of the medical equipment
140.12 	 in respite care or foster care.

140.13 	Sec. 2. Minnesota Statutes 2012, section 245A.155, subdivision 2, is amended to read:
140.14 		Subd. 2.Foster care agency requirements. In order for an agency to place an 
140.15 	individual who relies on medical equipment to sustain life or monitor a medical condition 
140.16 	that could become life-threatening without proper use of the medical equipment with a 
140.17 	foster care provider, the agency must ensure that the foster care provider has received the 
140.18 	training to operate such equipment as observed and confirmed by a qualified source, 
140.19 	and that the provider:
140.20 	(1) is currently caring for an individual who is using the same equipment in the 
140.21 	foster home; or
140.22 	(2) has written documentation that the foster care provider has cared for an 
140.23 	individual who relied on such equipment within the past six months; or
140.24 	(3) has successfully completed training with the individual being placed with the 
140.25 	provider.

140.26 	Sec. 3. Minnesota Statutes 2012, section 245A.155, subdivision 3, is amended to read:
140.27 		Subd. 3.Foster care provider requirements. A foster care provider shall not care 
140.28 	for an individual who relies on medical equipment to sustain life or monitor a medical 
140.29 	condition that could become life-threatening without proper use of the medical equipment
140.30 	 unless the provider has received the training to operate such equipment as observed and 
140.31 	confirmed by a qualified source, and:
140.32 	(1) is currently caring for an individual who is using the same equipment in the 
140.33 	foster home; or
141.1 	(2) has written documentation that the foster care provider has cared for an 
141.2 	individual who relied on such equipment within the past six months; or
141.3 	(3) has successfully completed training with the individual being placed with the 
141.4 	provider.

141.5 	Sec. 4. Minnesota Statutes 2012, section 245A.65, subdivision 2, is amended to read:
141.6 		Subd. 2.Abuse prevention plans. All license holders shall establish and enforce 
141.7 	ongoing written program abuse prevention plans and individual abuse prevention plans as 
141.8 	required under section 626.557, subdivision 14.
141.9 	(a) The scope of the program abuse prevention plan is limited to the population, 
141.10 	physical plant, and environment within the control of the license holder and the location 
141.11 	where licensed services are provided. In addition to the requirements in section 626.557, 
141.12 	subdivision 14, the program abuse prevention plan shall meet the requirements in clauses 
141.13 	(1) to (5).
141.14 	(1) The assessment of the population shall include an evaluation of the following 
141.15 	factors: age, gender, mental functioning, physical and emotional health or behavior of the 
141.16 	client; the need for specialized programs of care for clients; the need for training of staff to 
141.17 	meet identified individual needs; and the knowledge a license holder may have regarding 
141.18 	previous abuse that is relevant to minimizing risk of abuse for clients.
141.19 	(2) The assessment of the physical plant where the licensed services are provided 
141.20 	shall include an evaluation of the following factors: the condition and design of the 
141.21 	building as it relates to the safety of the clients; and the existence of areas in the building 
141.22 	which are difficult to supervise.
141.23 	(3) The assessment of the environment for each facility and for each site when living 
141.24 	arrangements are provided by the agency shall include an evaluation of the following 
141.25 	factors: the location of the program in a particular neighborhood or community; the type 
141.26 	of grounds and terrain surrounding the building; the type of internal programming; and 
141.27 	the program's staffing patterns.
141.28 	(4) The license holder shall provide an orientation to the program abuse prevention 
141.29 	plan for clients receiving services. If applicable, the client's legal representative must be 
141.30 	notified of the orientation. The license holder shall provide this orientation for each new 
141.31 	person within 24 hours of admission, or for persons who would benefit more from a later 
141.32 	orientation, the orientation may take place within 72 hours.
141.33 	(5) The license holder's governing body or the governing body's delegated 
141.34 	representative shall review the plan at least annually using the assessment factors in the 
141.35 	plan and any substantiated maltreatment findings that occurred since the last review. The 
142.1 	governing body or the governing body's delegated representative shall revise the plan, 
142.2 	if necessary, to reflect the review results.
142.3 	(6) A copy of the program abuse prevention plan shall be posted in a prominent 
142.4 	location in the program and be available upon request to mandated reporters, persons 
142.5 	receiving services, and legal representatives.
142.6 	(b) In addition to the requirements in section 626.557, subdivision 14, the individual 
142.7 	abuse prevention plan shall meet the requirements in clauses (1) and (2).
142.8 	(1) The plan shall include a statement of measures that will be taken to minimize the 
142.9 	risk of abuse to the vulnerable adult when the individual assessment required in section 
142.10 	626.557, subdivision 14, paragraph (b), indicates the need for measures in addition to the 
142.11 	specific measures identified in the program abuse prevention plan. The measures shall 
142.12 	include the specific actions the program will take to minimize the risk of abuse within 
142.13 	the scope of the licensed services, and will identify referrals made when the vulnerable 
142.14 	adult is susceptible to abuse outside the scope or control of the licensed services. When 
142.15 	the assessment indicates that the vulnerable adult does not need specific risk reduction 
142.16 	measures in addition to those identified in the program abuse prevention plan, the 
142.17 	individual abuse prevention plan shall document this determination.
142.18 	(2) An individual abuse prevention plan shall be developed for each new person as 
142.19 	part of the initial individual program plan or service plan required under the applicable 
142.20 	licensing rule. The review and evaluation of the individual abuse prevention plan shall 
142.21 	be done as part of the review of the program plan or service plan. The person receiving 
142.22 	services shall participate in the development of the individual abuse prevention plan to the 
142.23 	full extent of the person's abilities. If applicable, the person's legal representative shall be 
142.24 	given the opportunity to participate with or for the person in the development of the plan. 
142.25 	The interdisciplinary team shall document the review of all abuse prevention plans at least 
142.26 	annually, using the individual assessment and any reports of abuse relating to the person. 
142.27 	The plan shall be revised to reflect the results of this review.

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

142.32 	Sec. 6. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is 
142.33 	amended to read:
143.1 		Subdivision 1.Health needs. (a) The license holder is responsible for meeting health 
143.2 	service needs assigned in the coordinated service and support plan or the coordinated 
143.3 	service and support plan addendum, consistent with the person's health needs. The license 
143.4 	holder is responsible for promptly notifying the person's legal representative, if any, and 
143.5 	the case manager of changes in a person's physical and mental health needs affecting 
143.6 	health service needs assigned to the license holder in the coordinated service and support 
143.7 	plan or the coordinated service and support plan addendum, when within 24 hours of being
143.8 	 discovered by the license holder, or as directed in the coordinated service and support plan 
143.9 	or support plan addendum, unless the license holder has reason to know the change has 
143.10 	already been reported. The license holder must document when the notice is provided.
143.11 	(b) If responsibility for meeting the person's health service needs has been assigned 
143.12 	to the license holder in the coordinated service and support plan or the coordinated service 
143.13 	and support plan addendum, the license holder must maintain documentation on how the 
143.14 	person's health needs will be met, including a description of the procedures the license 
143.15 	holder will follow in order to:
143.16 	(1) provide medication assistance or medication administration according to this 
143.17 	chapter;
143.18 	(2) monitor health conditions according to written instructions from a licensed 
143.19 	health professional;
143.20 	(3) assist with or coordinate medical, dental, and other health service appointments; or
143.21 	(4) use medical equipment, devices, or adaptive aides or technology safely and 
143.22 	correctly according to written instructions from a licensed health professional.

143.23 	Sec. 7. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b, is 
143.24 	amended to read:
143.25 		Subd. 1b.Medication assistance. If responsibility for medication assistance 
143.26 	is assigned to the license holder in the coordinated service and support plan or the 
143.27 	coordinated service and support plan addendum, the license holder must ensure that 
143.28 	the requirements of subdivision 2, paragraph (b), have been met when staff provides
143.29 	 medication assistance must be provided to enable a person to self-administer medication 
143.30 	or treatment when the person is capable of directing the person's own care, or when the 
143.31 	person's legal representative is present and able to direct care for the person. For the 
143.32 	purposes of this subdivision, "medication assistance" means any of the following:
143.33 	(1) bringing to the person and opening a container of previously set up medications, 
143.34 	emptying the container into the person's hand, or opening and giving the medications in 
143.35 	the original container to the person;
144.1 	(2) bringing to the person liquids or food to accompany the medication; or
144.2 	(3) providing reminders, in person, remotely, or through programming devices 
144.3 	such as telephones, alarms, or medication boxes, to take regularly scheduled medication 
144.4 	or perform regularly scheduled treatments and exercises.

144.5 	Sec. 8. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is 
144.6 	amended to read:
144.7 		Subdivision 1.Incident response and reporting.  (a) The license holder must 
144.8 	respond to incidents under section 245D.02, subdivision 11, that occur while providing 
144.9 	services to protect the health and safety of and minimize risk of harm to the person.
144.10 	(b) The license holder must maintain information about and report incidents to the 
144.11 	person's legal representative or designated emergency contact and case manager within 
144.12 	24 hours of an incident occurring while services are being provided, within 24 hours of 
144.13 	discovery or receipt of information that an incident occurred, unless the license holder 
144.14 	has reason to know that the incident has already been reported, or as otherwise directed 
144.15 	in a person's coordinated service and support plan or coordinated service and support 
144.16 	plan addendum. An incident of suspected or alleged maltreatment must be reported as 
144.17 	required under paragraph (d), and an incident of serious injury or death must be reported 
144.18 	as required under paragraph (e).
144.19 	(c) When the incident involves more than one person, the license holder must not 
144.20 	disclose personally identifiable information about any other person when making the report 
144.21 	to each person and case manager unless the license holder has the consent of the person.
144.22 	(d) Within 24 hours of reporting maltreatment as required under section 626.556 
144.23 	or 626.557, the license holder must inform the case manager of the report unless there is 
144.24 	reason to believe that the case manager is involved in the suspected maltreatment. The 
144.25 	license holder must disclose the nature of the activity or occurrence reported and the 
144.26 	agency that received the report.
144.27 	(e) The license holder must report the death or serious injury of the person as 
144.28 	required in paragraph (b) and to the Department of Human Services Licensing Division, 
144.29 	and the Office of Ombudsman for Mental Health and Developmental Disabilities as 
144.30 	required under section 245.94, subdivision 2a, within 24 hours of the death or serious 
144.31 	injury, or receipt of information that the death or serious injury occurred, unless the license 
144.32 	holder has reason to know that the death or serious injury has already been reported.
144.33 	(f) When a death or serious injury occurs in a facility certified as an intermediate 
144.34 	care facility for persons with developmental disabilities, the death or serious injury must 
144.35 	be reported to the Department of Health, Office of Health Facility Complaints, and the 
145.1 	Office of Ombudsman for Mental Health and Developmental Disabilities, as required 
145.2 	under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to 
145.3 	know that the death or serious injury has already been reported.
145.4 	(g) The license holder must conduct an internal review of incident reports of deaths 
145.5 	and serious injuries that occurred while services were being provided and that were not 
145.6 	reported by the program as alleged or suspected maltreatment, for identification of incident 
145.7 	patterns, and implementation of corrective action as necessary to reduce occurrences. 
145.8 	The review must include an evaluation of whether related policies and procedures were 
145.9 	followed, whether the policies and procedures were adequate, whether there is a need for 
145.10 	additional staff training, whether the reported event is similar to past events with the 
145.11 	persons or the services involved, and whether there is a need for corrective action by the 
145.12 	license holder to protect the health and safety of persons receiving services. Based on 
145.13 	the results of this review, the license holder must develop, document, and implement a 
145.14 	corrective action plan designed to correct current lapses and prevent future lapses in 
145.15 	performance by staff or the license holder, if any.
145.16 	(h) The license holder must verbally report the emergency use of manual restraint of 
145.17 	a person as required in paragraph (b) within 24 hours of the occurrence. The license holder 
145.18 	must ensure the written report and internal review of all incident reports of the emergency 
145.19 	use of manual restraints are completed according to the requirements in section 245D.061.

145.20 	Sec. 9. Minnesota Statutes 2013 Supplement, section 245D.07, subdivision 2, is 
145.21 	amended to read:
145.22 		Subd. 2.Service planning requirements for basic support services. (a) License 
145.23 	holders providing basic support services or intensive support services identified in section 
145.24 	245D.03, subdivision 1, paragraph (c), clauses (1) and (2), must meet the requirements 
145.25 	of this subdivision.
145.26 	(b) Within 15 calendar days of service initiation the license holder must complete 
145.27 	a preliminary coordinated service and support plan addendum based on the coordinated 
145.28 	service and support plan.
145.29 	(c) Within 60 calendar days of service initiation the license holder must review 
145.30 	and revise as needed the preliminary coordinated service and support plan addendum to 
145.31 	document the services that will be provided including how, when, and by whom services 
145.32 	will be provided, and the person responsible for overseeing the delivery and coordination 
145.33 	of services.
145.34 	(d) The license holder must participate in service planning and support team 
145.35 	meetings for the person following stated timelines established in the person's coordinated 
146.1 	service and support plan or as requested by the person or the person's legal representative, 
146.2 	the support team or the expanded support team.

146.3 	Sec. 10. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1, 
146.4 	is amended to read:
146.5 		Subdivision 1. Requirements for intensive support services.  Except for services 
146.6 	identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license 
146.7 	holder providing intensive support services identified in section 245D.03, subdivision 1, 
146.8 	paragraph (c), must comply with the requirements in this section and section 245D.07, 
146.9 	subdivisions 1 and 3.

146.10 	Sec. 11. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3, 
146.11 	is amended to read:
146.12 		Subd. 3.Assessment and initial service planning. (a) Within 15 calendar days of 
146.13 	service initiation the license holder must complete a preliminary coordinated service and 
146.14 	support plan addendum based on the coordinated service and support plan.
146.15 	(b) Within 45 calendar days of service initiation the license holder must meet with 
146.16 	the person, the person's legal representative, the case manager, and other members of the 
146.17 	support team or expanded support team to assess and determine the following based on the 
146.18 	person's coordinated service and support plan and the requirements in subdivision 4 and 
146.19 	section 245D.07, subdivision 1a:
146.20 	(1) the scope of the services to be provided to support the person's daily needs 
146.21 	and activities;
146.22 	(2) the person's desired outcomes and the supports necessary to accomplish the 
146.23 	person's desired outcomes;
146.24 	(3) the person's preferences for how services and supports are provided;
146.25 	(4) whether the current service setting is the most integrated setting available and 
146.26 	appropriate for the person; and
146.27 	(5) how services must be coordinated across other providers licensed under this 
146.28 	chapter serving the same person to ensure continuity of care for the person.
146.29 	(c) Within the scope of services, the license holder must, at a minimum, assess 
146.30 	the following areas:
146.31 	(1) the person's ability to self-manage health and medical needs to maintain or 
146.32 	improve physical, mental, and emotional well-being, including, when applicable, allergies, 
146.33 	seizures, choking, special dietary needs, chronic medical conditions, self-administration 
147.1 	of medication or treatment orders, preventative screening, and medical and dental 
147.2 	appointments;
147.3 	(2) the person's ability to self-manage personal safety to avoid injury or accident in 
147.4 	the service setting, including, when applicable, risk of falling, mobility, regulating water 
147.5 	temperature, community survival skills, water safety skills, and sensory disabilities; and
147.6 	(3) the person's ability to self-manage symptoms or behavior that may otherwise 
147.7 	result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), 
147.8 	suspension or termination of services by the license holder, or other symptoms or 
147.9 	behaviors that may jeopardize the health and safety of the person or others. 
147.10 	The assessments must produce information about the person that is descriptive of the 
147.11 	person's overall strengths, functional skills and abilities, and behaviors or symptoms.

147.12 	Sec. 12. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, 
147.13 	is amended to read:
147.14 		Subd. 4.Service outcomes and supports. (a) Within ten working days of the 
147.15 	45-day meeting, the license holder must develop and document the service outcomes and 
147.16 	supports based on the assessments completed under subdivision 3 and the requirements 
147.17 	in section 245D.07, subdivision 1a. The outcomes and supports must be included in the 
147.18 	coordinated service and support plan addendum.
147.19 	(b) The license holder must document the supports and methods to be implemented 
147.20 	to support the accomplishment of outcomes related to acquiring, retaining, or improving 
147.21 	skills. The documentation must include:
147.22 	(1) the methods or actions that will be used to support the person and to accomplish 
147.23 	the service outcomes, including information about:
147.24 	(i) any changes or modifications to the physical and social environments necessary 
147.25 	when the service supports are provided;
147.26 	(ii) any equipment and materials required; and
147.27 	(iii) techniques that are consistent with the person's communication mode and 
147.28 	learning style;
147.29 	(2) the measurable and observable criteria for identifying when the desired outcome 
147.30 	has been achieved and how data will be collected;
147.31 	(3) the projected starting date for implementing the supports and methods and 
147.32 	the date by which progress towards accomplishing the outcomes will be reviewed and 
147.33 	evaluated; and
147.34 	(4) the names of the staff or position responsible for implementing the supports 
147.35 	and methods.
148.1 	(c) Within 20 working days of the 45-day meeting, the license holder must submit 
148.2 	to and obtain dated signatures from the person or the person's legal representative and 
148.3 	case manager to document completion and approval of the assessment and coordinated 
148.4 	service and support plan addendum. If, within ten working days of the submission of the 
148.5 	assessment or coordinated service and support plan addendum, the person or the person's 
148.6 	legal representative or case manager has not signed and returned to the license holder the 
148.7 	assessment and coordinated service and support plan addendum or has not proposed 
148.8 	written modifications to the license holder's submission, the submission is deemed 
148.9 	approved and the assessment and coordinated service and support plan addendum become 
148.10 	effective and remain in effect until the legal representative or case manager submits a 
148.11 	written request to revise the assessment or coordinated service and support plan addendum.

148.12 	Sec. 13. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5, 
148.13 	is amended to read:
148.14 		Subd. 5.Progress reviews. (a) The license holder must give the person or the 
148.15 	person's legal representative and case manager an opportunity to participate in the ongoing 
148.16 	review and development of the methods used to support the person and accomplish 
148.17 	outcomes identified in subdivisions 3 and 4. The license holder, in coordination with 
148.18 	the person's support team or expanded support team, must meet with the person, the 
148.19 	person's legal representative, and the case manager, and participate in progress review 
148.20 	meetings following stated timelines established in the person's coordinated service and 
148.21 	support plan or coordinated service and support plan addendum or within 30 days of a 
148.22 	written request by the person, the person's legal representative, or the case manager, 
148.23 	at a minimum of once per year.
148.24 	(b) The license holder must summarize the person's progress toward achieving the 
148.25 	identified outcomes and make recommendations and identify the rationale for changing, 
148.26 	continuing, or discontinuing implementation of supports and methods identified in 
148.27 	subdivision 4 in a written report sent to the person or the person's legal representative and 
148.28 	case manager five working days prior to the review meeting, unless the person, the person's 
148.29 	legal representative, or the case manager requests to receive the in a report available at 
148.30 	the time of the progress review meeting. The report must be sent five working days prior 
148.31 	to the progress review meeting if requested by the team in the coordinated service and 
148.32 	support plan or coordinated service and support plan addendum. Within 60 calendar days 
148.33 	of service initiation, the license holder must document the preference of the person or the 
148.34 	person's legal representative and the case manager regarding receiving written reports. The 
148.35 	license holder must document changes to those preferences when changes are requested.
149.1 	(c) Within ten working days of the progress review meeting, the license holder 
149.2 	must obtain dated signatures from the person or the person's legal representative and 
149.3 	the case manager to document approval of any changes to the coordinated service and 
149.4 	support plan addendum.
149.5 	(d) If, within ten working days of the submission of the changes to the coordinated 
149.6 	service and support plan addendum, the person or the person's legal representative or case 
149.7 	manager has not signed and returned to the license holder the coordinated service and 
149.8 	support plan addendum or has not proposed written modifications to the license holder's 
149.9 	submission, the submission is deemed approved and the coordinated service and support 
149.10 	plan addendum becomes effective and remains in effect until the legal representative or 
149.11 	case manager submits a written request to revise the coordinated service and support plan.

149.12 	Sec. 14. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is 
149.13 	amended to read:
149.14 		Subd. 3.Staff qualifications. (a) The license holder must ensure that staff providing 
149.15 	direct support, or staff who have responsibilities related to supervising or managing the 
149.16 	provision of direct support service, are competent as demonstrated through skills and 
149.17 	knowledge training, experience, and education to meet the person's needs and additional 
149.18 	requirements as written in the coordinated service and support plan or coordinated 
149.19 	service and support plan addendum, or when otherwise required by the case manager or 
149.20 	the federal waiver plan. The license holder must verify and maintain evidence of staff 
149.21 	competency, including documentation of:
149.22 	(1) education and experience qualifications relevant to the job responsibilities 
149.23 	assigned to the staff and the needs of the general population of persons served by the 
149.24 	program, including a valid degree and transcript, or a current license, registration, or 
149.25 	certification, when a degree or licensure, registration, or certification is required by this 
149.26 	chapter or in the coordinated service and support plan or coordinated service and support 
149.27 	plan addendum;
149.28 	(2) demonstrated competency in the orientation and training areas required under 
149.29 	this chapter, and when applicable, completion of continuing education required to 
149.30 	maintain professional licensure, registration, or certification requirements. Competency in 
149.31 	these areas is determined by the license holder through knowledge testing and or observed 
149.32 	skill assessment conducted by the trainer or instructor; and
149.33 	(3) except for a license holder who is the sole direct support staff, periodic 
149.34 	performance evaluations completed by the license holder of the direct support staff 
149.35 	person's ability to perform the job functions based on direct observation.
150.1 	(b) Staff under 18 years of age may not perform overnight duties or administer 
150.2 	medication.

150.3 	Sec. 15. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is 
150.4 	amended to read:
150.5 		Subd. 4.Orientation to program requirements.  Except for a license holder 
150.6 	who does not supervise any direct support staff, within 60 calendar days of hire, unless 
150.7 	stated otherwise, the license holder must provide and ensure completion of ten hours of 
150.8 	orientation for direct support staff providing basic services and 30 hours of orientation 
150.9 	for direct support staff providing intensive services that combines supervised on-the-job 
150.10 	training with review of and instruction in the following areas:
150.11 	(1) the job description and how to complete specific job functions, including:
150.12 	(i) responding to and reporting incidents as required under section 245D.06, 
150.13 	subdivision 1; and
150.14 	(ii) following safety practices established by the license holder and as required in 
150.15 	section 245D.06, subdivision 2;
150.16 	(2) the license holder's current policies and procedures required under this chapter, 
150.17 	including their location and access, and staff responsibilities related to implementation 
150.18 	of those policies and procedures;
150.19 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the 
150.20 	federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
150.21 	responsibilities related to complying with data privacy practices;
150.22 	(4) the service recipient rights and staff responsibilities related to ensuring the 
150.23 	exercise and protection of those rights according to the requirements in section 245D.04;
150.24 	(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment 
150.25 	reporting and service planning for children and vulnerable adults, and staff responsibilities 
150.26 	related to protecting persons from maltreatment and reporting maltreatment. This 
150.27 	orientation must be provided within 72 hours of first providing direct contact services and 
150.28 	annually thereafter according to section 245A.65, subdivision 3;
150.29 	(6) the principles of person-centered service planning and delivery as identified in 
150.30 	section 245D.07, subdivision 1a, and how they apply to direct support service provided 
150.31 	by the staff person; and
150.32 	(7) the safe and correct use of manual restraint on an emergency basis according to 
150.33 	the requirements in section 245D.061 and what constitutes the use of restraints, time out, 
150.34 	and seclusion, including chemical restraint;
151.1 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
151.2 	subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 
151.3 	or undesired behavior, and why such procedures are not safe;
151.4 	(9) basic first aid; and
151.5 	(10) other topics as determined necessary in the person's coordinated service and 
151.6 	support plan by the case manager or other areas identified by the license holder.

151.7 	Sec. 16. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, 
151.8 	is amended to read:
151.9 		Subd. 4a.Orientation to individual service recipient needs. (a) Before having 
151.10 	unsupervised direct contact with a person served by the program, or for whom the staff 
151.11 	person has not previously provided direct support, or any time the plans or procedures 
151.12 	identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive 
151.13 	instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff 
151.14 	person's job functions for that person.
151.15 	(b) For community residential services, training and competency evaluations must 
151.16 	include the following, if identified in the coordinated service and support plan:
151.17 	(1) appropriate and safe techniques in personal hygiene and grooming, including 
151.18 	hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of 
151.19 	daily living (ADLs) as defined under section 256B.0659, subdivision 1;
151.20 	(2) an understanding of what constitutes a healthy diet according to data from the 
151.21 	Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
151.22 	(3) skills necessary to provide appropriate support in instrumental activities of daily 
151.23 	living (IADLs) as defined under section 256B.0659, subdivision 1; and
151.24 	(4) demonstrated competence in providing first aid.
151.25 	(c) The staff person must review and receive instruction on the person's coordinated 
151.26 	service and support plan or coordinated service and support plan addendum as it relates 
151.27 	to the responsibilities assigned to the license holder, and when applicable, the person's 
151.28 	individual abuse prevention plan, to achieve and demonstrate an understanding of the 
151.29 	person as a unique individual, and how to implement those plans.
151.30 	(d) The staff person must review and receive instruction on medication 
151.31 	administration procedures established for the person when medication administration is 
151.32 	assigned to the license holder according to section 245D.05, subdivision 1, paragraph 
151.33 	(b). Unlicensed staff may administer medications only after successful completion of a 
151.34 	medication administration training, from a training curriculum developed by a registered 
151.35 	nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse 
152.1 	practitioner, physician's assistant, or physician. The training curriculum must incorporate 
152.2 	an observed skill assessment conducted by the trainer to ensure staff demonstrate the 
152.3 	ability to safely and correctly follow medication procedures.
152.4 	Medication administration must be taught by a registered nurse, clinical nurse 
152.5 	specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of 
152.6 	service initiation or any time thereafter, the person has or develops a health care condition 
152.7 	that affects the service options available to the person because the condition requires:
152.8 	(1) specialized or intensive medical or nursing supervision; and
152.9 	(2) nonmedical service providers to adapt their services to accommodate the health 
152.10 	and safety needs of the person.
152.11 	(e) The staff person must review and receive instruction on the safe and correct 
152.12 	operation of medical equipment used by the person to sustain life or to monitor a medical 
152.13 	condition that could become life-threatening without proper use of the medical equipment, 
152.14 	including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training 
152.15 	must be provided by a licensed health care professional or a manufacturer's representative 
152.16 	and incorporate an observed skill assessment to ensure staff demonstrate the ability to 
152.17 	safely and correctly operate the equipment according to the treatment orders and the 
152.18 	manufacturer's instructions.
152.19 	(f) The staff person must review and receive instruction on what constitutes use of 
152.20 	restraints, time out, and seclusion, including chemical restraint, and staff responsibilities 
152.21 	related to the prohibitions of their use according to the requirements in section 245D.06, 
152.22 	subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 
152.23 	or undesired behavior and why they are not safe, and the safe and correct use of manual 
152.24 	restraint on an emergency basis according to the requirements in section 245D.061.
152.25 	(g) In the event of an emergency service initiation, the license holder must ensure 
152.26 	the training required in this subdivision occurs within 72 hours of the direct support staff 
152.27 	person first having unsupervised contact with the person receiving services. The license 
152.28 	holder must document the reason for the unplanned or emergency service initiation and 
152.29 	maintain the documentation in the person's service recipient record.
152.30 	(h) (g) License holders who provide direct support services themselves must 
152.31 	complete the orientation required in subdivision 4, clauses (3) to (7) (10).

152.32 	Sec. 17. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is 
152.33 	amended to read:
152.34 		Subd. 5.Annual training.  A license holder must provide annual training to direct 
152.35 	support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision 
153.1 	4a (10). A license holder must provide a minimum of 24 hours of annual training to 
153.2 	direct service staff with providing intensive services and having fewer than five years 
153.3 	of documented experience and 12 hours of annual training to direct service staff with
153.4 	 providing intensive services and having five or more years of documented experience in 
153.5 	topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant 
153.6 	topics received from sources other than the license holder may count toward training 
153.7 	requirements. A license holder must provide a minimum of 12 hours of annual training 
153.8 	to direct service staff providing basic services and having fewer than five years of 
153.9 	documented experience and six hours of annual training to direct service staff providing 
153.10 	basic services and having five or more years of documented experience.

153.11 	Sec. 18. Minnesota Statutes 2013 Supplement, section 245D.095, subdivision 3, 
153.12 	is amended to read:
153.13 		Subd. 3.Service recipient record. (a) The license holder must maintain a record of 
153.14 	current services provided to each person on the premises where the services are provided 
153.15 	or coordinated. When the services are provided in a licensed facility, the records must 
153.16 	be maintained at the facility, otherwise the records must be maintained at the license 
153.17 	holder's program office. The license holder must protect service recipient records against 
153.18 	loss, tampering, or unauthorized disclosure according to the requirements in sections 
153.19 	13.01 to 13.10 and 13.46.
153.20 	(b) The license holder must maintain the following information for each person:
153.21 	(1) an admission form signed by the person or the person's legal representative 
153.22 	that includes:
153.23 	(i) identifying information, including the person's name, date of birth, address, 
153.24 	and telephone number; and
153.25 	(ii) the name, address, and telephone number of the person's legal representative, if 
153.26 	any, and a primary emergency contact, the case manager, and family members or others as 
153.27 	identified by the person or case manager;
153.28 	(2) service information, including service initiation information, verification of the 
153.29 	person's eligibility for services, documentation verifying that services have been provided 
153.30 	as identified in the coordinated service and support plan or coordinated service and support 
153.31 	plan addendum according to paragraph (a), and date of admission or readmission;
153.32 	(3) health information, including medical history, special dietary needs, and 
153.33 	allergies, and when the license holder is assigned responsibility for meeting the person's 
153.34 	health service needs according to section 245D.05:
154.1 	(i) current orders for medication, treatments, or medical equipment and a signed 
154.2 	authorization from the person or the person's legal representative to administer or assist in 
154.3 	administering the medication or treatments, if applicable;
154.4 	(ii) a signed statement authorizing the license holder to act in a medical emergency 
154.5 	when the person's legal representative, if any, cannot be reached or is delayed in arriving;
154.6 	(iii) medication administration procedures;
154.7 	(iv) a medication administration record documenting the implementation of the 
154.8 	medication administration procedures, and the medication administration record reviews, 
154.9 	including any agreements for administration of injectable medications by the license 
154.10 	holder according to the requirements in section 245D.05; and
154.11 	(v) a medical appointment schedule when the license holder is assigned 
154.12 	responsibility for assisting with medical appointments;
154.13 	(4) the person's current coordinated service and support plan or that portion of the 
154.14 	plan assigned to the license holder;
154.15 	(5) copies of the individual abuse prevention plan and assessments as required under 
154.16 	section 245D.071, subdivisions 2 andsubdivision 3;
154.17 	(6) a record of other service providers serving the person when the person's 
154.18 	coordinated service and support plan or coordinated service and support plan addendum 
154.19 	identifies the need for coordination between the service providers, that includes a contact 
154.20 	person and telephone numbers, services being provided, and names of staff responsible for 
154.21 	coordination;
154.22 	(7) documentation of orientation to service recipient rights according to section 
154.23 	245D.04, subdivision 1, and maltreatment reporting policies and procedures according to 
154.24 	section 245A.65, subdivision 1, paragraph (c);
154.25 	(8) copies of authorizations to handle a person's funds, according to section 245D.06, 
154.26 	subdivision 4, paragraph (a);
154.27 	(9) documentation of complaints received and grievance resolution;
154.28 	(10) incident reports involving the person, required under section 245D.06, 
154.29 	subdivision 1;
154.30 	(11) copies of written reports regarding the person's status when requested according 
154.31 	to section 245D.07, subdivision 3, progress review reports as required under section 
154.32 	245D.071, subdivision 5, progress or daily log notes that are recorded by the program, 
154.33 	and reports received from other agencies involved in providing services or care to the 
154.34 	person; and
154.35 	(12) discharge summary, including service termination notice and related 
154.36 	documentation, when applicable.

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

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

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

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

156.12 	Sec. 23. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to 
156.13 	read:
156.14 		Subd. 11.Personal care assistant; requirements. (a) A personal care assistant 
156.15 	must meet the following requirements:
156.16 	(1) be at least 18 years of age with the exception of persons who are 16 or 17 years 
156.17 	of age with these additional requirements:
156.18 	(i) supervision by a qualified professional every 60 days; and
156.19 	(ii) employment by only one personal care assistance provider agency responsible 
156.20 	for compliance with current labor laws;
156.21 	(2) be employed by a personal care assistance provider agency;
156.22 	(3) enroll with the department as a personal care assistant after clearing a background 
156.23 	study. Except as provided in subdivision 11a, before a personal care assistant provides 
156.24 	services, the personal care assistance provider agency must initiate a background study on 
156.25 	the personal care assistant under chapter 245C, and the personal care assistance provider 
156.26 	agency must have received a notice from the commissioner that the personal care assistant 
156.27 	is:
156.28 	(i) not disqualified under section 245C.14; or
156.29 	(ii) is disqualified, but the personal care assistant has received a set aside of the 
156.30 	disqualification under section 245C.22;
156.31 	(4) be able to effectively communicate with the recipient and personal care 
156.32 	assistance provider agency;
156.33 	(5) be able to provide covered personal care assistance services according to the 
156.34 	recipient's personal care assistance care plan, respond appropriately to recipient needs, 
157.1 	and report changes in the recipient's condition to the supervising qualified professional 
157.2 	or physician;
157.3 	(6) not be a consumer of personal care assistance services;
157.4 	(7) maintain daily written records including, but not limited to, time sheets under 
157.5 	subdivision 12;
157.6 	(8) effective January 1, 2010, complete standardized training as determined 
157.7 	by the commissioner before completing enrollment. The training must be available 
157.8 	in languages other than English and to those who need accommodations due to 
157.9 	disabilities. Personal care assistant training must include successful completion of the 
157.10 	following training components: basic first aid, vulnerable adult, child maltreatment, 
157.11 	OSHA universal precautions, basic roles and responsibilities of personal care assistants 
157.12 	including information about assistance with lifting and transfers for recipients, emergency 
157.13 	preparedness, orientation to positive behavioral practices, fraud issues, and completion of 
157.14 	time sheets. Upon completion of the training components, the personal care assistant must 
157.15 	demonstrate the competency to provide assistance to recipients;
157.16 	(9) complete training and orientation on the needs of the recipient; and
157.17 	(10) be limited to providing and being paid for up to 275 hours per month of personal 
157.18 	care assistance services regardless of the number of recipients being served or the number 
157.19 	of personal care assistance provider agencies enrolled with. The number of hours worked 
157.20 	per day shall not be disallowed by the department unless in violation of the law.
157.21 	(b) A legal guardian may be a personal care assistant if the guardian is not being paid 
157.22 	for the guardian services and meets the criteria for personal care assistants in paragraph (a).
157.23 	(c) Persons who do not qualify as a personal care assistant include parents, 
157.24 	stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family 
157.25 	foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; 
157.26 	and staff of a residential setting. When the personal care assistant is a relative of the 
157.27 	recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is 
157.28 	effective July 1, 2013. For purposes of this section, relative means the parent or adoptive 
157.29 	parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or 
157.30 	a grandchild.

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

157.32 	Sec. 24. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to 
157.33 	read:
157.34 		Subd. 28.Personal care assistance provider agency; required documentation.
 157.35 	(a) Required documentation must be completed and kept in the personal care assistance 
158.1 	provider agency file or the recipient's home residence. The required documentation 
158.2 	consists of:
158.3 	(1) employee files, including:
158.4 	(i) applications for employment;
158.5 	(ii) background study requests and results;
158.6 	(iii) orientation records about the agency policies;
158.7 	(iv) trainings completed with demonstration of competence;
158.8 	(v) supervisory visits;
158.9 	(vi) evaluations of employment; and
158.10 	(vii) signature on fraud statement;
158.11 	(2) recipient files, including:
158.12 	(i) demographics;
158.13 	(ii) emergency contact information and emergency backup plan;
158.14 	(iii) personal care assistance service plan;
158.15 	(iv) personal care assistance care plan;
158.16 	(v) month-to-month service use plan;
158.17 	(vi) all communication records;
158.18 	(vii) start of service information, including the written agreement with recipient; and
158.19 	(viii) date the home care bill of rights was given to the recipient;
158.20 	(3) agency policy manual, including:
158.21 	(i) policies for employment and termination;
158.22 	(ii) grievance policies with resolution of consumer grievances;
158.23 	(iii) staff and consumer safety;
158.24 	(iv) staff misconduct; and
158.25 	(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 
158.26 	resolution of consumer grievances;
158.27 	(4) time sheets for each personal care assistant along with completed activity sheets 
158.28 	for each recipient served; and
158.29 	(5) agency marketing and advertising materials and documentation of marketing 
158.30 	activities and costs; and.
158.31 	(6) for each personal care assistant, whether or not the personal care assistant is 
158.32 	providing care to a relative as defined in subdivision 11.
158.33 	(b) The commissioner may assess a fine of up to $500 on provider agencies that do 
158.34 	not consistently comply with the requirements of this subdivision.

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

159.1 	Sec. 25. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1, 
159.2 	is amended to read:
159.3 		Subdivision 1.Essential community supports. (a) The purpose of the essential 
159.4 	community supports program is to provide targeted services to persons age 65 and older 
159.5 	who need essential community support, but whose needs do not meet the level of care 
159.6 	required for nursing facility placement under section 144.0724, subdivision 11.
159.7 	(b) Essential community supports are available not to exceed $400 per person per 
159.8 	month. Essential community supports may be used as authorized within an authorization 
159.9 	period not to exceed 12 months. Services must be available to a person who:
159.10 	(1) is age 65 or older;
159.11 	(2) is not eligible for medical assistance;
159.12 	(3) has received a community assessment under section 256B.0911, subdivision 3a 
159.13 	or 3b, and does not require the level of care provided in a nursing facility;
159.14 	(4) meets the financial eligibility criteria for the alternative care program under 
159.15 	section 256B.0913, subdivision 4;
159.16 	(5) has a community support plan; and
159.17 	(6) has been determined by a community assessment under section 256B.0911, 
159.18 	subdivision 3a or 3b, to be a person who would require provision of at least one of the 
159.19 	following services, as defined in the approved elderly waiver plan, in order to maintain 
159.20 	their community residence:
159.21 	(i) caregiver support;
159.22 	(ii) adult day services;
159.23 	(ii) (iii) homemaker support;
159.24 	(iii) (iv) chores;
159.25 	(iv) (v) a personal emergency response device or system;
159.26 	(v) (vi) home-delivered meals; or
159.27 	(vi) (vii) community living assistance as defined by the commissioner.
159.28 	(c) The person receiving any of the essential community supports in this subdivision 
159.29 	must also receive service coordination, not to exceed $600 in a 12-month authorization 
159.30 	period, as part of their community support plan.
159.31 	(d) A person who has been determined to be eligible for essential community 
159.32 	supports must be reassessed at least annually and continue to meet the criteria in paragraph 
159.33 	(b) to remain eligible for essential community supports.
159.34 	(e) The commissioner is authorized to use federal matching funds for essential 
159.35 	community supports as necessary and to meet demand for essential community supports 
160.1 	as outlined in subdivision 2, and that amount of federal funds is appropriated to the 
160.2 	commissioner for this purpose.

160.3 	Sec. 26. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10, 
160.4 	is amended to read:
160.5 		Subd. 10.Enrollment requirements. All(a) Except as provided in paragraph (b), 
160.6 	the following home and community-based waiver providers must provide, at the time of 
160.7 	enrollment and within 30 days of a request, in a format determined by the commissioner, 
160.8 	information and documentation that includes, but is not limited to, the following:
160.9 	(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the 
160.10 	provider's payments from Medicaid in the previous calendar year, whichever is greater;
160.11 	(2) proof of fidelity bond coverage in the amount of $20,000; and
160.12 	(3) proof of liability insurance.:
160.13 	(1) waiver services providers required to meet the provider standards in chapter 245D;
160.14 	(2) foster care providers whose services are funded by the elderly waiver or 
160.15 	alternative care program;
160.16 	(3) fiscal support entities;
160.17 	(4) adult day care providers;
160.18 	(5) providers of customized living services; and
160.19 	(6) residential care providers.
160.20 	(b) Providers of foster care services covered by section 245.814 are exempt from 
160.21 	this subdivision.

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

160.23 	Sec. 27. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
160.24 	256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE 
160.25 	WITH DISABILITIES.
160.26 	(a) Individuals receiving services under a home and community-based waiver under 
160.27 	section 256B.092 or 256B.49 may receive services in the following settings:
160.28 	(1) an individual's own home or family home;
160.29 	(2) a licensed adult foster care or child foster care setting of up to five people or 
160.30 	community residential setting of up to five people; and
160.31 	(3) community living settings as defined in section 256B.49, subdivision 23, where 
160.32 	individuals with disabilities may reside in all of the units in a building of four or fewer 
160.33 	units, and no more than the greater of four or 25 percent of the units in a multifamily 
161.1 	building of more than four units, unless required by the Housing Opportunities for Persons 
161.2 	with AIDS Program.
161.3 	(b) The settings in paragraph (a) must not:
161.4 	(1) be located in a building that is a publicly or privately operated facility that 
161.5 	provides institutional treatment or custodial care;
161.6 	(2) be located in a building on the grounds of or adjacent to a public or private 
161.7 	institution;
161.8 	(3) be a housing complex designed expressly around an individual's diagnosis or 
161.9 	disability, unless required by the Housing Opportunities for Persons with AIDS Program;
161.10 	(4) be segregated based on a disability, either physically or because of setting 
161.11 	characteristics, from the larger community; and
161.12 	(5) have the qualities of an institution which include, but are not limited to: 
161.13 	regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions 
161.14 	agreed to and documented in the person's individual service plan shall not result in a 
161.15 	residence having the qualities of an institution as long as the restrictions for the person are 
161.16 	not imposed upon others in the same residence and are the least restrictive alternative, 
161.17 	imposed for the shortest possible time to meet the person's needs.
161.18 	(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which 
161.19 	individuals receive services under a home and community-based waiver as of July 1, 
161.20 	2012, and the setting does not meet the criteria of this section.
161.21 	(d) Notwithstanding paragraph (c), a program in Hennepin County established as 
161.22 	part of a Hennepin County demonstration project is qualified for the exception allowed 
161.23 	under paragraph (c).
161.24 	(e) The commissioner shall submit an amendment to the waiver plan no later than 
161.25 	December 31, 2012.

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

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

162.8 	Sec. 30. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
162.9 		Subd. 6.Excluded time. "Excluded time" means:
162.10 	(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter 
162.11 	other than an emergency shelter, halfway house, foster home, community residential 
162.12 	setting licensed under chapter 245D, semi-independent living domicile or services 
162.13 	program, residential facility offering care, board and lodging facility or other institution 
162.14 	for the hospitalization or care of human beings, as defined in section 144.50, 144A.01, 
162.15 	or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional 
162.16 	facility; or any facility based on an emergency hold under sections 253B.05, subdivisions 
162.17 	1 and 2, and 253B.07, subdivision 6;
162.18 	(2) any period an applicant spends on a placement basis in a training and habilitation 
162.19 	program, including: a rehabilitation facility or work or employment program as defined 
162.20 	in section 268A.01; semi-independent living services provided under section 252.275, 
162.21 	and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation 
162.22 	programs and assisted living services; and
162.23 	(3) any placement for a person with an indeterminate commitment, including 
162.24 	independent living.

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

162.32 	Sec. 32. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
163.1 		Subd. 2a.License required. A county agency may not enter into an agreement with 
163.2 	an establishment to provide group residential housing unless:
163.3 	(1) the establishment is licensed by the Department of Health as a hotel and 
163.4 	restaurant; a board and lodging establishment; a residential care home; a boarding care 
163.5 	home before March 1, 1985; or a supervised living facility, and the service provider 
163.6 	for residents of the facility is licensed under chapter 245A. However, an establishment 
163.7 	licensed by the Department of Health to provide lodging need not also be licensed to 
163.8 	provide board if meals are being supplied to residents under a contract with a food vendor 
163.9 	who is licensed by the Department of Health;
163.10 	(2) the residence is: (i) licensed by the commissioner of human services under 
163.11 	Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 
163.12 	agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 
163.13 	to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 
163.14 	parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or 
163.15 	(iv) licensed under section 245D.02, subdivision 4a, as a community residential setting 
163.16 	by the commissioner of human services;
163.17 	(3) the establishment is registered under chapter 144D and provides three meals a 
163.18 	day, or is an establishment voluntarily registered under section 144D.025 as a supportive 
163.19 	housing establishment; or
163.20 	(4) an establishment voluntarily registered under section 144D.025, other than 
163.21 	a supportive housing establishment under clause (3), is not eligible to provide group 
163.22 	residential housing.
163.23 	The requirements under clauses (1) to (4) do not apply to establishments exempt 
163.24 	from state licensure because they are located on Indian reservations and subject to tribal 
163.25 	health and safety requirements.

163.26 	Sec. 33. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is 
163.27 	amended to read:
163.28 		Subd. 9.Common entry point designation. (a)  Each county board shall designate a 
163.29 	common entry point for reports of suspected maltreatment, for use until the commissioner 
163.30 	of human services establishes a common entry point. Two or more county boards may 
163.31 	jointly designate a single common entry point. The commissioner of human services shall 
163.32 	establish a common entry point effective July 1, 2014 no sooner than January 1, 2015. 
163.33 	The common entry point is the unit responsible for receiving the report of suspected 
163.34 	maltreatment under this section.
164.1 	(b) The common entry point must be available 24 hours per day to take calls from 
164.2 	reporters of suspected maltreatment. The common entry point shall use a standard intake 
164.3 	form that includes:
164.4 	(1) the time and date of the report;
164.5 	(2) the name, address, and telephone number of the person reporting;
164.6 	(3) the time, date, and location of the incident;
164.7 	(4) the names of the persons involved, including but not limited to, perpetrators, 
164.8 	alleged victims, and witnesses;
164.9 	(5) whether there was a risk of imminent danger to the alleged victim;
164.10 	(6) a description of the suspected maltreatment;
164.11 	(7) the disability, if any, of the alleged victim;
164.12 	(8) the relationship of the alleged perpetrator to the alleged victim;
164.13 	(9) whether a facility was involved and, if so, which agency licenses the facility;
164.14 	(10) any action taken by the common entry point;
164.15 	(11) whether law enforcement has been notified;
164.16 	(12) whether the reporter wishes to receive notification of the initial and final 
164.17 	reports; and
164.18 	(13) if the report is from a facility with an internal reporting procedure, the name, 
164.19 	mailing address, and telephone number of the person who initiated the report internally.
164.20 	(c) The common entry point is not required to complete each item on the form prior 
164.21 	to dispatching the report to the appropriate lead investigative agency.
164.22 	(d) The common entry point shall immediately report to a law enforcement agency 
164.23 	any incident in which there is reason to believe a crime has been committed.
164.24 	(e) If a report is initially made to a law enforcement agency or a lead investigative 
164.25 	agency, those agencies shall take the report on the appropriate common entry point intake 
164.26 	forms and immediately forward a copy to the common entry point.
164.27 	(f) The common entry point staff must receive training on how to screen and 
164.28 	dispatch reports efficiently and in accordance with this section.
164.29 	(g) The commissioner of human services shall maintain a centralized database 
164.30 	for the collection of common entry point data, lead investigative agency data including 
164.31 	maltreatment report disposition, and appeals data. The common entry point shall 
164.32 	have access to the centralized database and must log the reports into the database and 
164.33 	immediately identify and locate prior reports of abuse, neglect, or exploitation.
164.34 	(h) When appropriate, the common entry point staff must refer calls that do not 
164.35 	allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations 
164.36 	that might resolve the reporter's concerns.
165.1 	(i) A common entry point must be operated in a manner that enables the 
165.2 	commissioner of human services to:
165.3 	(1) track critical steps in the reporting, evaluation, referral, response, disposition, 
165.4 	and investigative process to ensure compliance with all requirements for all reports;
165.5 	(2) maintain data to facilitate the production of aggregate statistical reports for 
165.6 	monitoring patterns of abuse, neglect, or exploitation;
165.7 	(3) serve as a resource for the evaluation, management, and planning of preventative 
165.8 	and remedial services for vulnerable adults who have been subject to abuse, neglect, 
165.9 	or exploitation;
165.10 	(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 
165.11 	of the common entry point; and
165.12 	(5) track and manage consumer complaints related to the common entry point.
165.13 	(j) The commissioners of human services and health shall collaborate on the 
165.14 	creation of a system for referring reports to the lead investigative agencies. This system 
165.15 	shall enable the commissioner of human services to track critical steps in the reporting, 
165.16 	evaluation, referral, response, disposition, investigation, notification, determination, and 
165.17 	appeal processes.

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

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

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

165.23 	Sec. 35. Laws 2013, chapter 108, article 7, section 60, is amended to read:
165.24 	Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL 
165.25 	1, 2014.
 165.26 	(a) The commissioner of human services shall increase reimbursement rates, grants, 
165.27 	allocations, individual limits, and rate limits, as applicable, by one percent for the rate 
165.28 	period beginning April 1, 2014, for services rendered on or after those dates. County or 
165.29 	tribal contracts for services specified in this section must be amended to pass through 
165.30 	these rate increases within 60 days of the effective date.
165.31 	(b) The rate changes described in this section must be provided to:
166.1 	(1) home and community-based waivered services for persons with developmental 
166.2 	disabilities or related conditions, including consumer-directed community supports, under 
166.3 	Minnesota Statutes, section 256B.501;
166.4 	(2) waivered services under community alternatives for disabled individuals, 
166.5 	including consumer-directed community supports, under Minnesota Statutes, section 
166.6 	256B.49;
166.7 	(3) community alternative care waivered services, including consumer-directed 
166.8 	community supports, under Minnesota Statutes, section 256B.49;
166.9 	(4) brain injury waivered services, including consumer-directed community 
166.10 	supports, under Minnesota Statutes, section 256B.49;
166.11 	(5) home and community-based waivered services for the elderly under Minnesota 
166.12 	Statutes, section 256B.0915;
166.13 	(6) nursing services and home health services under Minnesota Statutes, section 
166.14 	256B.0625, subdivision 6a;
166.15 	(7) personal care services and qualified professional supervision of personal care 
166.16 	services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
166.17 	(8) private duty nursing services under Minnesota Statutes, section 256B.0625, 
166.18 	subdivision 7;
166.19 	(9) day training and habilitation services for adults with developmental disabilities 
166.20 	or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 
166.21 	additional cost of rate adjustments on day training and habilitation services, provided as a 
166.22 	social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
166.23 	(10) alternative care services under Minnesota Statutes, section 256B.0913, and 
166.24 	essential community supports under Minnesota Statutes, section 256B.0922;
166.25 	(11) living skills training programs for persons with intractable epilepsy who need 
166.26 	assistance in the transition to independent living under Laws 1988, chapter 689;
166.27 	(12) semi-independent living services (SILS) under Minnesota Statutes, section 
166.28 	252.275, including SILS funding under county social services grants formerly funded 
166.29 	under Minnesota Statutes, chapter 256M;
166.30 	(13) consumer support grants under Minnesota Statutes, section 256.476;
166.31 	(14) family support grants under Minnesota Statutes, section 252.32;
166.32 	(15) housing access grants under Minnesota Statutes, sections 256B.0658 and 
166.33 	256B.0917, subdivision 14;
166.34 	(16) self-advocacy grants under Laws 2009, chapter 101;
166.35 	(17) technology grants under Laws 2009, chapter 79;
167.1 	(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 
167.2 	and 256B.0928; and
167.3 	(19) community support services for deaf and hard-of-hearing adults with mental 
167.4 	illness who use or wish to use sign language as their primary means of communication 
167.5 	under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 
167.6 	grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; 
167.7 	and Laws 1997, First Special Session chapter 5, section 20.
167.8 	(c) A managed care plan receiving state payments for the services in this section 
167.9 	must include these increases in their payments to providers. To implement the rate increase 
167.10 	in this section, capitation rates paid by the commissioner to managed care organizations 
167.11 	under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the 
167.12 	specified services for the period beginning April 1, 2014.
167.13 	(d) Counties shall increase the budget for each recipient of consumer-directed 
167.14 	community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).

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

167.16 	Sec. 36. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN 
167.17 	IMPLEMENTATION.
 167.18 	The autism spectrum disorder statewide strategic plan developed by the Minnesota 
167.19 	Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively 
167.20 	by the commissioners of education, employment and economic development, health, and 
167.21 	human services. Within existing funding, the commissioners shall:
167.22 	(1) work across state agencies and with key stakeholders to implement the strategic 
167.23 	plan;
167.24 	(2) prepare progress reports on the implementation of the plan twice per year and 
167.25 	make the progress reports available to the public; and
167.26 	(3) provide two opportunities per year for interested parties, including, but not 
167.27 	limited to, individuals with autism, family members of individuals with autism spectrum 
167.28 	disorder, underserved and diverse communities impacted by autism spectrum disorder, 
167.29 	medical professionals, health plans, service providers, and schools, to provide input on 
167.30 	the implementation of the strategic plan.

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

167.32 	Sec. 37.  REPEALER.
 168.1 	(a) Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 2, is 
168.2 	repealed.
168.3 	(b) Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 
168.4 	2, 3, and 4, are repealed effective the day following final enactment.

168.5 	ARTICLE 9
168.6 	HEALTH CARE

168.7 	Section 1. Minnesota Statutes 2012, section 256.962, is amended by adding a 
168.8 	subdivision to read:
168.9 		Subd. 9.Payment to navigators. A navigator is limited to one payment or fee 
168.10 	for assistance with an individual application, regardless of whether the application is 
168.11 	submitted or processed more than once.

168.12 	Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9, 
168.13 	is amended to read:
168.14 		Subd. 9.Dental services. (a) Medical assistance covers dental services.
168.15 	(b) Medical assistance dental coverage for nonpregnant adults is limited to the 
168.16 	following services:
168.17 	(1) comprehensive exams, limited to once every five years;
168.18 	(2) periodic exams, limited to one per year;
168.19 	(3) limited exams;
168.20 	(4) bitewing x-rays, limited to one per year;
168.21 	(5) periapical x-rays;
168.22 	(6) panoramic x-rays, limited to one every five years except (1) when medically 
168.23 	necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma 
168.24 	or (2) once every two years for patients who cannot cooperate for intraoral film due to 
168.25 	a developmental disability or medical condition that does not allow for intraoral film 
168.26 	placement;
168.27 	(7) prophylaxis, limited to one per year;
168.28 	(8) application of fluoride varnish, limited to one per year;
168.29 	(9) posterior fillings, all at the amalgam rate;
168.30 	(10) anterior fillings;
168.31 	(11) endodontics, limited to root canals on the anterior and premolars only;
168.32 	(12) removable prostheses, each dental arch limited to one every six years;
168.33 	(13) oral surgery, limited to extractions, biopsies, and incision and drainage of 
168.34 	abscesses;
169.1 	(14) palliative treatment and sedative fillings for relief of pain; and
169.2 	(15) full-mouth debridement, limited to one every five years.
169.3 	(c) In addition to the services specified in paragraph (b), medical assistance 
169.4 	covers the following services for adults, if provided in an outpatient hospital setting or 
169.5 	freestanding ambulatory surgical center as part of outpatient dental surgery:
169.6 	(1) periodontics, limited to periodontal scaling and root planing once every two years;
169.7 	(2) general anesthesia; and
169.8 	(3) full-mouth survey once every five years.
169.9 	(d) Medical assistance covers medically necessary dental services for children and 
169.10 	pregnant women. The following guidelines apply:
169.11 	(1) posterior fillings are paid at the amalgam rate;
169.12 	(2) application of sealants are covered once every five years per permanent molar for 
169.13 	children only;
169.14 	(3) application of fluoride varnish is covered once every six months; and
169.15 	(4) orthodontia is eligible for coverage for children only.
169.16 	(e) In addition to the services specified in paragraphs (b) and (c), medical assistance 
169.17 	covers the following services for adults:
169.18 	(1) house calls or extended care facility calls for on-site delivery of covered services;
169.19 	(2) behavioral management when additional staff time is required to accommodate 
169.20 	behavioral challenges and sedation is not used;
169.21 	(3) oral or IV sedation, if the covered dental service cannot be performed safely 
169.22 	without it or would otherwise require the service to be performed under general anesthesia 
169.23 	in a hospital or surgical center; and
169.24 	(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but 
169.25 	no more than four times per year.
169.26 	(f) The commissioner shall not require prior authorization for the services included 
169.27 	in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based 
169.28 	purchasing plans from requiring prior authorization for those services when provided 
169.29 	under sections 256B.69, 256B.692, and 256L.12.

169.30 	Sec. 3. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read:
169.31 		Subdivision 1.Definitions. (a) "Complex private duty home care nursing care" 
169.32 	means home care nursing services provided to recipients who are ventilator dependent or 
169.33 	for whom a physician has certified that the recipient would meet the criteria for inpatient 
169.34 	hospital intensive care unit (ICU) level of care meet the criteria for regular home care 
170.1 	nursing and require life-sustaining interventions to reduce the risk of long-term injury 
170.2 	or death.
170.3 	(b) "Private duty Home care nursing" means ongoing professional physician-ordered 
170.4 	hourly  nursing services by a registered or licensed practical nurse including assessment, 
170.5 	professional nursing tasks, and education, based on an assessment and physician orders 
170.6 	to maintain or restore optimal health of the recipient. performed by a registered nurse or 
170.7 	licensed practical nurse within the scope of practice as defined by the Minnesota Nurse 
170.8 	Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's 
170.9 	health.
170.10 	(c) "Private duty Home care nursing agency" means a medical assistance enrolled 
170.11 	provider licensed under chapter 144A to provide private duty home care nursing services.
170.12 	(d) "Regular private duty home care nursing" means nursing services provided to 
170.13 	a recipient who is considered stable and not at an inpatient hospital intensive care unit 
170.14 	level of care, but may have episodes of instability that are not life threatening home care 
170.15 	nursing provided because:
170.16 	(1) the recipient requires more individual and continuous care than can be provided 
170.17 	during a skilled nurse visit; or
170.18 	(2) the cares are outside of the scope of services that can be provided by a home 
170.19 	health aide or personal care assistant.
170.20 	(e) "Shared private duty home care nursing" means the provision of home care 
170.21 	nursing services by a private duty home care nurse to two recipients at the same time 
170.22 	and in the same setting.

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

170.24 	Sec. 4. Minnesota Statutes 2012, section 256B.0751, is amended by adding a 
170.25 	subdivision to read:
170.26 		Subd. 10.Health care homes advisory committee. (a) The commissioners of 
170.27 	health and human services shall establish a health care homes advisory committee to 
170.28 	advise the commissioners on the ongoing statewide implementation of the health care 
170.29 	homes program authorized in this section.
170.30 	(b) The commissioners shall establish an advisory committee that includes 
170.31 	representatives of the health care professions such as primary care providers; mental 
170.32 	health providers; nursing and care coordinators; certified health care home clinics with 
170.33 	statewide representation; health plan companies; state agencies; employers; academic 
170.34 	researchers; consumers; and organizations that work to improve health care quality in 
171.1 	Minnesota. At least 25 percent of the committee members must be consumers or patients 
171.2 	in health care homes.
171.3 	(c) The advisory committee shall advise the commissioners on ongoing 
171.4 	implementation of the health care homes program, including, but not limited to, the 
171.5 	following activities:
171.6 	(1) implementation of certified health care homes across the state on performance 
171.7 	management and implementation of benchmarking;
171.8 	(2) implementation of modifications to the health care homes program based on 
171.9 	results of the legislatively mandated health care home evaluation;
171.10 	(3) statewide solutions for engagement of employers and commercial payers;
171.11 	(4) potential modifications of the health care home rules or statutes;
171.12 	(5) consumer engagement, including patient and family-centered care, patient 
171.13 	activation in health care, and shared decision making;
171.14 	(6) oversight for health care home subject matter task forces or workgroups; and
171.15 	(7) other related issues as requested by the commissioners.
171.16 	(d) The advisory committee shall have the ability to establish subcommittees on 
171.17 	specific topics. The advisory committee is governed by section 15.059. Notwithstanding 
171.18 	section 15.059, the advisory committee does not expire.

171.19 	Sec. 5. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision 
171.20 	to read:
171.21 		Subd. 35.Statewide procurement. (a) For calendar year 2015, the commissioner 
171.22 	may extend a demonstration provider's contract under this section for a sixth year after 
171.23 	the most recent procurement. For calendar year 2015, section 16B.98, subdivision 
171.24 	5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to 
171.25 	contracts under this section.
171.26 	(b) For calendar year 2016 contracts under this section, the commissioner shall 
171.27 	procure through a statewide procurement, which includes all 87 counties, demonstration 
171.28 	providers, and participating entities as defined in section 256L.01, subdivision 7. The 
171.29 	commissioner shall publish a request for proposals by January 5, 2015. As part of the 
171.30 	procurement process, the commissioner shall:
171.31 	(1) seek each individual county's input regarding the respondent's network of health 
171.32 	care providers;
171.33 	(2) organize counties into regional groups, or single counties for the largest and 
171.34 	most diverse counties, and seek each regional group's or county's input regarding the 
171.35 	respondent's ability to fully and adequately deliver required health care services; and
172.1 	(3) use a scoring system for evaluating respondents that at least considers:
172.2 	(i) the degree to which a respondent's health care provider network is contracted 
172.3 	through total-cost-of-care contracts, risk-sharing arrangements, or other payment reforms 
172.4 	designed to generate long-term savings;
172.5 	(ii) the degree to which a respondent has demonstrated mechanisms and processes to 
172.6 	achieve integration of medical care, behavioral health care, and county social services, 
172.7 	taking into account county input on the respondent's performance on these measures;
172.8 	(iii) the degree to which a respondent has a comprehensive quality program that is 
172.9 	designed to ensure enrollee access to appropriate, high-quality, coordinated services;
172.10 	(iv) each county's input regarding a respondent's network of health care providers;
172.11 	(v) the demonstrated ability to respond to the needs of special populations within 
172.12 	that geographic area and to have sufficient capacity to serve populations with unique 
172.13 	language, cultural, or other needs;
172.14 	(vi) the degree to which the respondent is willing to commit to sufficient capacity in 
172.15 	its network to meet the demand for evening and weekend appointments for populations 
172.16 	unable to leave work for basic primary care;
172.17 	(vii) regional county group's input regarding a respondent's ability to fully and 
172.18 	adequately deliver required health care services;
172.19 	(viii) a respondent's past performance on administrative requirements;
172.20 	(ix) a respondent's ability to assist an enrollee who may be transitioning between 
172.21 	public health care programs and premium tax credits in the individual insurance market;
172.22 	(x) the total cost of a respondent's proposal; and
172.23 	(xi) any other criteria that the commissioner finds necessary to ensure compliance 
172.24 	with federal law or to ensure that enrollees receive high-quality health care.

172.25 	Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
172.26 	256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
172.27 	(a) Effective for services provided on or after July 1, 2009, total payments for basic 
172.28 	care services, shall be reduced by three percent, except that for the period July 1, 2009, 
172.29 	through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical 
172.30 	assistance and general assistance medical care programs, prior to third-party liability and 
172.31 	spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical 
172.32 	therapy services, occupational therapy services, and speech-language pathology and 
172.33 	related services as basic care services. The reduction in this paragraph shall apply to 
172.34 	physical therapy services, occupational therapy services, and speech-language pathology 
172.35 	and related services provided on or after July 1, 2010.
173.1 	(b) Payments made to managed care plans and county-based purchasing plans shall 
173.2 	be reduced for services provided on or after October 1, 2009, to reflect the reduction 
173.3 	effective July 1, 2009, and payments made to the plans shall be reduced effective October 
173.4 	1, 2010, to reflect the reduction effective July 1, 2010.
173.5 	(c) Effective for services provided on or after September 1, 2011, through June 30, 
173.6 	2013, total payments for outpatient hospital facility fees shall be reduced by five percent 
173.7 	from the rates in effect on August 31, 2011.
173.8 	(d) Effective for services provided on or after September 1, 2011, through June 
173.9 	30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies 
173.10 	and durable medical equipment not subject to a volume purchase contract, prosthetics 
173.11 	and orthotics, renal dialysis services, laboratory services, public health nursing services, 
173.12 	physical therapy services, occupational therapy services, speech therapy services, 
173.13 	eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume 
173.14 	purchase contract, and anesthesia services shall be reduced by three percent from the 
173.15 	rates in effect on August 31, 2011.
173.16 	(e) Effective for services provided on or after September 1, 2014, payments for 
173.17 	ambulatory surgery centers facility fees, medical supplies and durable medical equipment 
173.18 	not subject to a volume purchase contract, prosthetics and orthotics, hospice services, renal 
173.19 	dialysis services, laboratory services, public health nursing services, eyeglasses not subject 
173.20 	to a volume purchase contract, and hearing aids not subject to a volume purchase contract 
173.21 	shall be increased by three percent and payments for outpatient hospital facility fees shall 
173.22 	be increased by three percent. Payments made to managed care plans and county-based 
173.23 	purchasing plans shall not be adjusted to reflect payments under this paragraph.
173.24 	(f) This section does not apply to physician and professional services, inpatient 
173.25 	hospital services, family planning services, mental health services, dental services, 
173.26 	prescription drugs, medical transportation, federally qualified health centers, rural health 
173.27 	centers, Indian health services, and Medicare cost-sharing.
173.28 	(g) Effective January 1, 2015, for purposes of this section, "basic care services" 
173.29 	means: ambulatory surgical center facility services, medical supplies and durable medical 
173.30 	equipment not subject to a volume purchase contract, prosthetics and orthotics, renal 
173.31 	dialysis services, laboratory services, public health nursing services, eyeglasses and 
173.32 	contacts not subject to a volume purchase contract, hearing aids not subject to a volume 
173.33 	purchase contract, outpatient hospital facility services, and anesthesia services. For 
173.34 	purposes of medical assistance and MinnesotaCare payment adjustments effective on or 
173.35 	after January 1, 2015, the commissioner shall not classify medical supplies, durable medical 
173.36 	equipment, prosthetics, and orthotics in any service category other than basic care services.

174.1 	Sec. 7. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS 
174.2 	CHRONIC CONDITIONS.
 174.3 	The commissioner of human services shall incorporate strategies and activities in the 
174.4 	Department of Human Service's planning efforts and design of the state Medicaid plan 
174.5 	option under section 2703 of the Patient Protection and Affordable Care Act that address 
174.6 	chronic medical or behavioral health conditions complicated by socioeconomic factors 
174.7 	such as race, ethnicity, age, immigration, or language.

174.8 	Sec. 8. REVISOR'S INSTRUCTION.
 174.9 	The revisor of statutes shall change the term "private duty nursing" or similar terms 
174.10 	to "home care nursing" or similar terms, and shall change the term "private duty nurse" to 
174.11 	"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota 
174.12 	Rules. The revisor shall also make grammatical changes related to the changes in terms.

174.13 	ARTICLE 10
174.14 	MISCELLANEOUS

174.15 	Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, 
174.16 	is amended to read:
174.17 		Subd. 21.Provider enrollment. (a) If the commissioner or the Centers for 
174.18 	Medicare and Medicaid Services determines that a provider is designated "high-risk," the 
174.19 	commissioner may withhold payment from providers within that category upon initial 
174.20 	enrollment for a 90-day period. The withholding for each provider must begin on the date 
174.21 	of the first submission of a claim.
174.22 	(b) An enrolled provider that is also licensed by the commissioner under chapter 
174.23 	245A must designate an individual as the entity's compliance officer. The compliance 
174.24 	officer must:
174.25 	(1) develop policies and procedures to assure adherence to medical assistance laws 
174.26 	and regulations and to prevent inappropriate claims submissions;
174.27 	(2) train the employees of the provider entity, and any agents or subcontractors of 
174.28 	the provider entity including billers, on the policies and procedures under clause (1);
174.29 	(3) respond to allegations of improper conduct related to the provision or billing of 
174.30 	medical assistance services, and implement action to remediate any resulting problems;
174.31 	(4) use evaluation techniques to monitor compliance with medical assistance laws 
174.32 	and regulations;
174.33 	(5) promptly report to the commissioner any identified violations of medical 
174.34 	assistance laws or regulations; and
175.1 	(6) within 60 days of discovery by the provider of a medical assistance 
175.2 	reimbursement overpayment, report the overpayment to the commissioner and make 
175.3 	arrangements with the commissioner for the commissioner's recovery of the overpayment.
175.4 	The commissioner may require, as a condition of enrollment in medical assistance, that a 
175.5 	provider within a particular industry sector or category establish a compliance program that 
175.6 	contains the core elements established by the Centers for Medicare and Medicaid Services.
175.7 	(c) The commissioner may revoke the enrollment of an ordering or rendering 
175.8 	provider for a period of not more than one year, if the provider fails to maintain and, upon 
175.9 	request from the commissioner, provide access to documentation relating to written orders 
175.10 	or requests for payment for durable medical equipment, certifications for home health 
175.11 	services, or referrals for other items or services written or ordered by such provider, when 
175.12 	the commissioner has identified a pattern of a lack of documentation. A pattern means a 
175.13 	failure to maintain documentation or provide access to documentation on more than one 
175.14 	occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a 
175.15 	provider under the provisions of section 256B.064.
175.16 	(d) The commissioner shall terminate or deny the enrollment of any individual or 
175.17 	entity if the individual or entity has been terminated from participation in Medicare or 
175.18 	under the Medicaid program or Children's Health Insurance Program of any other state.
175.19 	(e) As a condition of enrollment in medical assistance, the commissioner shall 
175.20 	require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 
175.21 	and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 
175.22 	Services, its agents, or its designated contractors and the state agency, its agents, or its 
175.23 	designated contractors to conduct unannounced on-site inspections of any provider location. 
175.24 	The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 
175.25 	list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 
175.26 	and standards used to designate Medicare providers in Code of Federal Regulations, title 
175.27 	42, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 
175.28 	The commissioner's designations are not subject to administrative appeal.
175.29 	(f) As a condition of enrollment in medical assistance, the commissioner shall 
175.30 	require that a high-risk provider, or a person with a direct or indirect ownership interest in 
175.31 	the provider of five percent or higher, consent to criminal background checks, including 
175.32 	fingerprinting, when required to do so under state law or by a determination by the 
175.33 	commissioner or the Centers for Medicare and Medicaid Services that a provider is 
175.34 	designated high-risk for fraud, waste, or abuse.
175.35 	(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all 
175.36 	durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
176.1 	 suppliers meeting the durable medical equipment provider and supplier definition in clause 
176.2 	(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond 
176.3 	that is annually renewed and designates the Minnesota Department of Human Services as 
176.4 	the obligee, and must be submitted in a form approved by the commissioner. For purposes 
176.5 	of this clause, the following medical suppliers are not required to obtain a surety bond: 
176.6 	a federally qualified health center, a home health agency, the Indian Health Service, a 
176.7 	pharmacy, and a rural health clinic.
176.8 	(2) At the time of initial enrollment or reenrollment, the provider agency durable 
176.9 	medical equipment providers and suppliers defined in clause (3) must purchase a 
176.10 	performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in 
176.11 	the previous calendar year is up to and including $300,000, the provider agency must 
176.12 	purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid 
176.13 	revenue in the previous calendar year is over $300,000, the provider agency must purchase 
176.14 	a performance surety bond of $100,000. The performance surety bond must allow for 
176.15 	recovery of costs and fees in pursuing a claim on the bond.
176.16 	(3) "Durable medical equipment provider or supplier" means a medical supplier that 
176.17 	can purchase medical equipment or supplies for sale or rental to the general public and 
176.18 	is able to perform or arrange for necessary repairs to and maintenance of equipment 
176.19 	offered for sale or rental.
176.20 	(h) The Department of Human Services may require a provider to purchase a 
176.21 	performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, 
176.22 	or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the 
176.23 	department determines there is significant evidence of or potential for fraud and abuse by 
176.24 	the provider, or (3) the provider or category of providers is designated high-risk pursuant 
176.25 	to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The 
176.26 	performance surety bond must be in an amount of $100,000 or ten percent of the provider's 
176.27 	payments from Medicaid during the immediately preceding 12 months, whichever is 
176.28 	greater. The performance surety bond must name the Department of Human Services as 
176.29 	an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond. 
176.30 	This paragraph does not apply if the provider already maintains a surety bond that meets 
176.31 	the specifications of another surety bond requirement in this chapter.

176.32 	Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21, 
176.33 	is amended to read:
176.34 		Subd. 21.Requirements for provider enrollment of personal care assistance 
176.35 	provider agencies. (a) All personal care assistance provider agencies must provide, at the 
177.1 	time of enrollment, reenrollment, and revalidation as a personal care assistance provider 
177.2 	agency in a format determined by the commissioner, information and documentation that 
177.3 	includes, but is not limited to, the following:
177.4 	(1) the personal care assistance provider agency's current contact information 
177.5 	including address, telephone number, and e-mail address;
177.6 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider's 
177.7 	Medicaid revenue in the previous calendar year is up to and including $300,000, the 
177.8 	provider agency must purchase a performance surety bond of $50,000. If the Medicaid 
177.9 	revenue in the previous year is over $300,000, the provider agency must purchase a 
177.10 	performance surety bond of $100,000. The performance surety bond must be in a form 
177.11 	approved by the commissioner, must be renewed annually, and must allow for recovery of 
177.12 	costs and fees in pursuing a claim on the bond;
177.13 	(3) proof of fidelity bond coverage in the amount of $20,000;
177.14 	(4) proof of workers' compensation insurance coverage;
177.15 	(5) proof of liability insurance;
177.16 	(6) a description of the personal care assistance provider agency's organization 
177.17 	identifying the names of all owners, managing employees, staff, board of directors, and 
177.18 	the affiliations of the directors, owners, or staff to other service providers;
177.19 	(7) a copy of the personal care assistance provider agency's written policies and 
177.20 	procedures including: hiring of employees; training requirements; service delivery; 
177.21 	and employee and consumer safety including process for notification and resolution 
177.22 	of consumer grievances, identification and prevention of communicable diseases, and 
177.23 	employee misconduct;
177.24 	(8) copies of all other forms the personal care assistance provider agency uses in 
177.25 	the course of daily business including, but not limited to:
177.26 	(i) a copy of the personal care assistance provider agency's time sheet if the time 
177.27 	sheet varies from the standard time sheet for personal care assistance services approved 
177.28 	by the commissioner, and a letter requesting approval of the personal care assistance 
177.29 	provider agency's nonstandard time sheet;
177.30 	(ii) the personal care assistance provider agency's template for the personal care 
177.31 	assistance care plan; and
177.32 	(iii) the personal care assistance provider agency's template for the written 
177.33 	agreement in subdivision 20 for recipients using the personal care assistance choice 
177.34 	option, if applicable;
177.35 	(9) a list of all training and classes that the personal care assistance provider agency 
177.36 	requires of its staff providing personal care assistance services;
178.1 	(10) documentation that the personal care assistance provider agency and staff have 
178.2 	successfully completed all the training required by this section;
178.3 	(11) documentation of the agency's marketing practices;
178.4 	(12) disclosure of ownership, leasing, or management of all residential properties 
178.5 	that is used or could be used for providing home care services;
178.6 	(13) documentation that the agency will use the following percentages of revenue 
178.7 	generated from the medical assistance rate paid for personal care assistance services 
178.8 	for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 
178.9 	personal care assistance choice option and 72.5 percent of revenue from other personal 
178.10 	care assistance providers. The revenue generated by the qualified professional and the 
178.11 	reasonable costs associated with the qualified professional shall not be used in making 
178.12 	this calculation; and
178.13 	(14) effective May 15, 2010, documentation that the agency does not burden 
178.14 	recipients' free exercise of their right to choose service providers by requiring personal 
178.15 	care assistants to sign an agreement not to work with any particular personal care 
178.16 	assistance recipient or for another personal care assistance provider agency after leaving 
178.17 	the agency and that the agency is not taking action on any such agreements or requirements 
178.18 	regardless of the date signed.
178.19 	(b) Personal care assistance provider agencies shall provide the information specified 
178.20 	in paragraph (a) to the commissioner at the time the personal care assistance provider 
178.21 	agency enrolls as a vendor or upon request from the commissioner. The commissioner 
178.22 	shall collect the information specified in paragraph (a) from all personal care assistance 
178.23 	providers beginning July 1, 2009.
178.24 	(c) All personal care assistance provider agencies shall require all employees in 
178.25 	management and supervisory positions and owners of the agency who are active in the 
178.26 	day-to-day management and operations of the agency to complete mandatory training 
178.27 	as determined by the commissioner before enrollment of the agency as a provider. 
178.28 	Employees in management and supervisory positions and owners who are active in 
178.29 	the day-to-day operations of an agency who have completed the required training as 
178.30 	an employee with a personal care assistance provider agency do not need to repeat 
178.31 	the required training if they are hired by another agency, if they have completed the 
178.32 	training within the past three years. By September 1, 2010, the required training must 
178.33 	be available with meaningful access according to title VI of the Civil Rights Act and 
178.34 	federal regulations adopted under that law or any guidance from the United States Health 
178.35 	and Human Services Department. The required training must be available online or by 
178.36 	electronic remote connection. The required training must provide for competency testing. 
179.1 	Personal care assistance provider agency billing staff shall complete training about 
179.2 	personal care assistance program financial management. This training is effective July 1, 
179.3 	2009. Any personal care assistance provider agency enrolled before that date shall, if it 
179.4 	has not already, complete the provider training within 18 months of July 1, 2009. Any new 
179.5 	owners or employees in management and supervisory positions involved in the day-to-day 
179.6 	operations are required to complete mandatory training as a requisite of working for the 
179.7 	agency. Personal care assistance provider agencies certified for participation in Medicare 
179.8 	as home health agencies are exempt from the training required in this subdivision. When 
179.9 	available, Medicare-certified home health agency owners, supervisors, or managers must 
179.10 	successfully complete the competency test.

179.11 	Sec. 3. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
179.12 		Subdivision 1.Managed care pilot. The commissioner may initiate a capitated 
179.13 	risk-based managed care option for services in an intermediate care facility for persons 
179.14 	with developmental disabilities according to the terms and conditions of the federal 
179.15 	agreement governing the managed care pilot. The commissioner may grant a variance 
179.16 	to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts 
179.17 	9525.1200 to 9525.1330 and 9525.1580.

179.18 	Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
179.19 		Subd. 16.Project extension. Minnesota Rules, parts 9500.1450; 9500.1451; 
179.20 	9500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458; 
179.21 	9500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

179.22 	Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is 
179.23 	amended to read:
179.24 		Subd. 12.Requirements for enrollment of CFSS provider agencies. (a) All CFSS 
179.25 	provider agencies must provide, at the time of enrollment, reenrollment, and revalidation 
179.26 	as a CFSS provider agency in a format determined by the commissioner, information and 
179.27 	documentation that includes, but is not limited to, the following:
179.28 	(1) the CFSS provider agency's current contact information including address, 
179.29 	telephone number, and e-mail address;
179.30 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's 
179.31 	Medicaid revenue in the previous calendar year is less than or equal to $300,000, the 
179.32 	provider agency must purchase a performance surety bond of $50,000. If the provider 
179.33 	agency's Medicaid revenue in the previous calendar year is greater than $300,000, the 
180.1 	provider agency must purchase a performance surety bond of $100,000. The performance
180.2 	 surety bond must be in a form approved by the commissioner, must be renewed annually, 
180.3 	and must allow for recovery of costs and fees in pursuing a claim on the bond;
180.4 	(3) proof of fidelity bond coverage in the amount of $20,000;
180.5 	(4) proof of workers' compensation insurance coverage;
180.6 	(5) proof of liability insurance;
180.7 	(6) a description of the CFSS provider agency's organization identifying the names 
180.8 	of all owners, managing employees, staff, board of directors, and the affiliations of the 
180.9 	directors, owners, or staff to other service providers;
180.10 	(7) a copy of the CFSS provider agency's written policies and procedures including: 
180.11 	hiring of employees; training requirements; service delivery; and employee and consumer 
180.12 	safety including process for notification and resolution of consumer grievances, 
180.13 	identification and prevention of communicable diseases, and employee misconduct;
180.14 	(8) copies of all other forms the CFSS provider agency uses in the course of daily 
180.15 	business including, but not limited to:
180.16 	(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from 
180.17 	the standard time sheet for CFSS services approved by the commissioner, and a letter 
180.18 	requesting approval of the CFSS provider agency's nonstandard time sheet; and
180.19 	(ii) the CFSS provider agency's template for the CFSS care plan;
180.20 	(9) a list of all training and classes that the CFSS provider agency requires of its 
180.21 	staff providing CFSS services;
180.22 	(10) documentation that the CFSS provider agency and staff have successfully 
180.23 	completed all the training required by this section;
180.24 	(11) documentation of the agency's marketing practices;
180.25 	(12) disclosure of ownership, leasing, or management of all residential properties 
180.26 	that are used or could be used for providing home care services;
180.27 	(13) documentation that the agency will use at least the following percentages of 
180.28 	revenue generated from the medical assistance rate paid for CFSS services for employee 
180.29 	personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. 
180.30 	The revenue generated by the support specialist and the reasonable costs associated with 
180.31 	the support specialist shall not be used in making this calculation; and
180.32 	(14) documentation that the agency does not burden recipients' free exercise of their 
180.33 	right to choose service providers by requiring personal care assistants to sign an agreement 
180.34 	not to work with any particular CFSS recipient or for another CFSS provider agency after 
180.35 	leaving the agency and that the agency is not taking action on any such agreements or 
180.36 	requirements regardless of the date signed.
181.1 	(b) CFSS provider agencies shall provide to the commissioner the information 
181.2 	specified in paragraph (a).
181.3 	(c) All CFSS provider agencies shall require all employees in management and 
181.4 	supervisory positions and owners of the agency who are active in the day-to-day 
181.5 	management and operations of the agency to complete mandatory training as determined 
181.6 	by the commissioner. Employees in management and supervisory positions and owners 
181.7 	who are active in the day-to-day operations of an agency who have completed the required 
181.8 	training as an employee with a CFSS provider agency do not need to repeat the required 
181.9 	training if they are hired by another agency, if they have completed the training within 
181.10 	the past three years. CFSS provider agency billing staff shall complete training about 
181.11 	CFSS program financial management. Any new owners or employees in management 
181.12 	and supervisory positions involved in the day-to-day operations are required to complete 
181.13 	mandatory training as a requisite of working for the agency. CFSS provider agencies 
181.14 	certified for participation in Medicare as home health agencies are exempt from the 
181.15 	training required in this subdivision.

181.16 	Sec. 6. [325F.1791] CERTAIN ANTIBACTERIAL PRODUCTS; SALE 
181.17 	PERMITTED UNDER CERTAIN CIRCUMSTANCES.
181.18 		Subdivision 1.Generally. A person may offer for sale in Minnesota a product that 
181.19 	contains only trace amounts of triclosan, triclocarban, or similar antibacterial compounds 
181.20 	and may label the product as "triclosan free."
181.21 		Subd. 2.Exception. Subdivision 1 applies only if the trace amounts of triclosan, 
181.22 	triclocarban, or similar antibacterial compounds referenced in subdivision 1 were caused 
181.23 	by the raw materials or the manufacturing process and were not added by the seller.

181.24 	EFFECTIVE DATE. This section is effective January 1, 2015, and applies to 
181.25 	products offered for sale or sold on or after that date.

181.26 	Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
181.27 		Subd. 2.Selection of members, terms, vacancies. Except in counties which 
181.28 	contain a city of the first class and counties having a poor and hospital commission, the 
181.29 	local social services agency shall consist of seven members, including the board of county 
181.30 	commissioners, to be selected as herein provided; two members, one of whom shall be 
181.31 	a woman, shall be appointed by the commissioner of human services board of county 
181.32 	commissioners, one each year for a full term of two years, from a list of residents, submitted 
181.33 	by the board of county commissioners. As each term expires or a vacancy occurs by reason 
181.34 	of death or resignation, a successor shall be appointed by the commissioner of human 
182.1 	services board of county commissioners for the full term of two years or the balance of any 
182.2 	unexpired term from a list of one or more, not to exceed three residents submitted by the 
182.3 	board of county commissioners. The board of county commissioners may, by resolution 
182.4 	adopted by a majority of the board, determine that only three of their members shall be 
182.5 	members of the local social services agency, in which event the local social services agency 
182.6 	shall consist of five members instead of seven. When a vacancy occurs on the local social 
182.7 	services agency by reason of the death, resignation, or expiration of the term of office of a 
182.8 	member of the board of county commissioners, the unexpired term of such member shall 
182.9 	be filled by appointment by the county commissioners. Except to fill a vacancy the term 
182.10 	of office of each member of the local social services agency shall commence on the first 
182.11 	Thursday after the first Monday in July, and continue until the expiration of the term 
182.12 	for which such member was appointed or until a successor is appointed and qualifies. 
182.13 	If the board of county commissioners shall refuse, fail, omit, or neglect to submit one 
182.14 	or more nominees to the commissioner of human services for appointment to the local 
182.15 	social services agency by the commissioner of human services, as herein provided, or to 
182.16 	appoint the three members to the local social services agency, as herein provided, by the 
182.17 	time when the terms of such members commence, or, in the event of vacancies, for a 
182.18 	period of 30 days thereafter, the commissioner of human services is hereby empowered 
182.19 	to and shall forthwith appoint residents of the county to the local social services agency. 
182.20 	The commissioner of human services, on refusing to appoint a nominee from the list of 
182.21 	nominees submitted by the board of county commissioners, shall notify the county board 
182.22 	of such refusal. The county board shall thereupon nominate additional nominees. Before 
182.23 	the commissioner of human services shall fill any vacancy hereunder resulting from the 
182.24 	failure or refusal of the board of county commissioners of any county to act, as required 
182.25 	herein, the commissioner of human services shall mail 15 days' written notice to the board 
182.26 	of county commissioners of its intention to fill such vacancy or vacancies unless the board 
182.27 	of county commissioners shall act before the expiration of the 15-day period.

182.28 	Sec. 8. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
182.29 		Subd. 7.Joint exercise of powers. Notwithstanding the provisions of subdivision 1 
182.30 	two or more counties may by resolution of their respective boards of county commissioners, 
182.31 	agree to combine the functions of their separate local social services agency into one local 
182.32 	social services agency to serve the two or more counties that enter into the agreement. 
182.33 	Such agreement may be for a definite term or until terminated in accordance with its terms. 
182.34 	When two or more counties have agreed to combine the functions of their separate local 
182.35 	social services agency, a single local social services agency in lieu of existing individual 
183.1 	local social services agency shall be established to direct the activities of the combined 
183.2 	agency. This agency shall have the same powers, duties and functions as an individual local 
183.3 	social services agency. The single local social services agency shall have representation 
183.4 	from each of the participating counties with selection of the members to be as follows:
183.5 	(a) Each board of county commissioners entering into the agreement shall on an 
183.6 	annual basis select one or two of its members to serve on the single local social services 
183.7 	agency.
183.8 	(b) Each board of county commissioners entering into the agreement shall in 
183.9 	accordance with procedures established by the commissioner of human services, submit a 
183.10 	list of names of three county residents, who shall not be county commissioners, to the 
183.11 	commissioner of human services. The commissioner shall select one person from each 
183.12 	county list county resident who is not a county commissioner to serve as a local social 
183.13 	services agency member.
183.14 	(c) The composition of the agency may be determined by the boards of county 
183.15 	commissioners entering into the agreement providing that no less than one-third of the 
183.16 	members are appointed as provided in clause paragraph (b).

183.17 	Sec. 9. INSTRUCTIONS TO THE COMMISSIONER.
 183.18 	The commissioner of human services must consult with community stakeholders 
183.19 	regarding the impact of the decision of the United States Court of Appeals in Geston v. 
183.20 	Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program. 
183.21 	The commissioner must provide a written report to the chairs and ranking minority 
183.22 	members of the house of representatives and senate standing committees with jurisdiction 
183.23 	over medical assistance policy and finance no later than January 5, 2015. The report must 
183.24 	include proposed legislation to ensure Minnesota's medical assistance program complies 
183.25 	with the requirements of the Geston decision.

183.26 	Sec. 10. RULEMAKING; REDUNDANT PROVISION REGARDING 
183.27 	TRANSITION LENSES.
 183.28 	The commissioner of human services shall amend Minnesota Rules, part 9505.0277, 
183.29 	subpart 3, to remove transition lenses from the list of eyeglass services not eligible for 
183.30 	payment under the medical assistance program. The commissioner may use the good 
183.31 	cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt 
183.32 	rules under this section. Minnesota Statutes, section 14.386, does not apply except as 
183.33 	provided in Minnesota Statutes, section 14.388.

184.1 	Sec. 11. FEDERAL APPROVAL.
 184.2 	By October 1, 2015, the commissioner of human services shall seek federal authority 
184.3 	to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid 
184.4 	plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI). 
184.5 	To be eligible, an individual must have family income at or below 200 percent of the 
184.6 	federal poverty guidelines, except that for an individual under age 21, only the income of 
184.7 	the individual must be considered in determining eligibility. Services under this program 
184.8 	must be available on a presumptive eligibility basis.

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

184.14 	Sec. 13.  REPEALER.
 184.15 	(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
184.16 	(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 
184.17 	9500.1456; and 9525.1580, are repealed.
184.18 	(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and 
184.19 	9505.5325, are repealed contingent upon federal approval of the state Medicaid plan 
184.20 	amendment under section 10. The commissioner of human services shall notify the 
184.21 	revisor of statutes when this occurs.

184.22 	ARTICLE 11
184.23 	CHILDREN AND FAMILY SERVICES POLICY

184.24 	Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
184.25 		Subd. 2.General. (a) Data on individuals collected, maintained, used, or 
184.26 	disseminated by the welfare system are private data on individuals, and shall not be 
184.27 	disclosed except:
184.28 	(1) according to section 13.05;
184.29 	(2) according to court order;
184.30 	(3) according to a statute specifically authorizing access to the private data;
184.31 	(4) to an agent of the welfare system and an investigator acting on behalf of a county, 
184.32 	the state, or the federal government, including a law enforcement person or attorney in the 
185.1 	investigation or prosecution of a criminal, civil, or administrative proceeding relating to 
185.2 	the administration of a program;
185.3 	(5) to personnel of the welfare system who require the data to verify an individual's 
185.4 	identity; determine eligibility, amount of assistance, and the need to provide services to 
185.5 	an individual or family across programs; evaluate the effectiveness of programs; assess 
185.6 	parental contribution amounts; and investigate suspected fraud;
185.7 	(6) to administer federal funds or programs;
185.8 	(7) between personnel of the welfare system working in the same program;
185.9 	(8) to the Department of Revenue to assess parental contribution amounts for 
185.10 	purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 
185.11 	programs and to identify individuals who may benefit from these programs. The following 
185.12 	information may be disclosed under this paragraph: an individual's and their dependent's 
185.13 	names, dates of birth, Social Security numbers, income, addresses, and other data as 
185.14 	required, upon request by the Department of Revenue. Disclosures by the commissioner 
185.15 	of revenue to the commissioner of human services for the purposes described in this clause 
185.16 	are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 
185.17 	but are not limited to, the dependent care credit under section 290.067, the Minnesota 
185.18 	working family credit under section 290.0671, the property tax refund and rental credit 
185.19 	under section 290A.04, and the Minnesota education credit under section 290.0674;
185.20 	(9) between the Department of Human Services, the Department of Employment 
185.21 	and Economic Development, and when applicable, the Department of Education, for 
185.22 	the following purposes:
185.23 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
185.24 	employment or training program administered, supervised, or certified by that agency;
185.25 	(ii) to administer any rehabilitation program or child care assistance program, 
185.26 	whether alone or in conjunction with the welfare system;
185.27 	(iii) to monitor and evaluate the Minnesota family investment program or the child 
185.28 	care assistance program by exchanging data on recipients and former recipients of food 
185.29 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
185.30 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
185.31 	(iv) to analyze public assistance employment services and program utilization, 
185.32 	cost, effectiveness, and outcomes as implemented under the authority established in Title 
185.33 	II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 
185.34 	1999. Health records governed by sections 144.291 to 144.298 and "protected health 
185.35 	information" as defined in Code of Federal Regulations, title 45, section 160.103, and 
186.1 	governed by Code of Federal Regulations, title 45, parts 160-164, including health care 
186.2 	claims utilization information, must not be exchanged under this clause;
186.3 	(10) to appropriate parties in connection with an emergency if knowledge of 
186.4 	the information is necessary to protect the health or safety of the individual or other 
186.5 	individuals or persons;
186.6 	(11) data maintained by residential programs as defined in section 245A.02 may 
186.7 	be disclosed to the protection and advocacy system established in this state according 
186.8 	to Part C of Public Law 98-527 to protect the legal and human rights of persons with 
186.9 	developmental disabilities or other related conditions who live in residential facilities for 
186.10 	these persons if the protection and advocacy system receives a complaint by or on behalf 
186.11 	of that person and the person does not have a legal guardian or the state or a designee of 
186.12 	the state is the legal guardian of the person;
186.13 	(12) to the county medical examiner or the county coroner for identifying or locating 
186.14 	relatives or friends of a deceased person;
186.15 	(13) data on a child support obligor who makes payments to the public agency 
186.16 	may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 
186.17 	determine eligibility under section 136A.121, subdivision 2, clause (5);
186.18 	(14) participant Social Security numbers and names collected by the telephone 
186.19 	assistance program may be disclosed to the Department of Revenue to conduct an 
186.20 	electronic data match with the property tax refund database to determine eligibility under 
186.21 	section 237.70, subdivision 4a;
186.22 	(15) the current address of a Minnesota family investment program participant 
186.23 	may be disclosed to law enforcement officers who provide the name of the participant 
186.24 	and notify the agency that:
186.25 	(i) the participant:
186.26 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
186.27 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
186.28 	jurisdiction from which the individual is fleeing; or
186.29 	(B) is violating a condition of probation or parole imposed under state or federal law;
186.30 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
186.31 	official duties; and
186.32 	(iii) the request is made in writing and in the proper exercise of those duties;
186.33 	(16) the current address of a recipient of general assistance or general assistance 
186.34 	medical care may be disclosed to probation officers and corrections agents who are 
186.35 	supervising the recipient and to law enforcement officers who are investigating the 
186.36 	recipient in connection with a felony level offense;
187.1 	(17) information obtained from food support applicant or recipient households may 
187.2 	be disclosed to local, state, or federal law enforcement officials, upon their written request, 
187.3 	for the purpose of investigating an alleged violation of the Food Stamp Act, according 
187.4 	to Code of Federal Regulations, title 7, section 272.1 (c);
187.5 	(18) the address, Social Security number, and, if available, photograph of any 
187.6 	member of a household receiving food support shall be made available, on request, to a 
187.7 	local, state, or federal law enforcement officer if the officer furnishes the agency with the 
187.8 	name of the member and notifies the agency that:
187.9 	(i) the member:
187.10 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
187.11 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
187.12 	(B) is violating a condition of probation or parole imposed under state or federal 
187.13 	law; or
187.14 	(C) has information that is necessary for the officer to conduct an official duty related 
187.15 	to conduct described in subitem (A) or (B);
187.16 	(ii) locating or apprehending the member is within the officer's official duties; and
187.17 	(iii) the request is made in writing and in the proper exercise of the officer's official 
187.18 	duty;
187.19 	(19) the current address of a recipient of Minnesota family investment program, 
187.20 	general assistance, general assistance medical care, or food support may be disclosed to 
187.21 	law enforcement officers who, in writing, provide the name of the recipient and notify the 
187.22 	agency that the recipient is a person required to register under section 243.166, but is not 
187.23 	residing at the address at which the recipient is registered under section 243.166;
187.24 	(20) certain information regarding child support obligors who are in arrears may be 
187.25 	made public according to section 518A.74;
187.26 	(21) data on child support payments made by a child support obligor and data on 
187.27 	the distribution of those payments excluding identifying information on obligees may be 
187.28 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
187.29 	actions undertaken by the public authority, the status of those actions, and data on the 
187.30 	income of the obligor or obligee may be disclosed to the other party;
187.31 	(22) data in the work reporting system may be disclosed under section 256.998, 
187.32 	subdivision 7;
187.33 	(23) to the Department of Education for the purpose of matching Department of 
187.34 	Education student data with public assistance data to determine students eligible for free 
187.35 	and reduced-price meals, meal supplements, and free milk according to United States 
187.36 	Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 
188.1 	state funds that are distributed based on income of the student's family; and to verify 
188.2 	receipt of energy assistance for the telephone assistance plan;
188.3 	(24) the current address and telephone number of program recipients and emergency 
188.4 	contacts may be released to the commissioner of health or a local board of health as 
188.5 	defined in section 145A.02, subdivision 2, when the commissioner or local board of health 
188.6 	has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 
188.7 	risk of illness, and the data are necessary to locate the person;
188.8 	(25) to other state agencies, statewide systems, and political subdivisions of this 
188.9 	state, including the attorney general, and agencies of other states, interstate information 
188.10 	networks, federal agencies, and other entities as required by federal regulation or law for 
188.11 	the administration of the child support enforcement program;
188.12 	(26) to personnel of public assistance programs as defined in section 256.741, for 
188.13 	access to the child support system database for the purpose of administration, including 
188.14 	monitoring and evaluation of those public assistance programs;
188.15 	(27) to monitor and evaluate the Minnesota family investment program by 
188.16 	exchanging data between the Departments of Human Services and Education, on 
188.17 	recipients and former recipients of food support, cash assistance under chapter 256, 256D, 
188.18 	256J, or 256K, child care assistance under chapter 119B, or medical programs under 
188.19 	chapter 256B, 256D, or 256L;
188.20 	(28) to evaluate child support program performance and to identify and prevent 
188.21 	fraud in the child support program by exchanging data between the Department of Human 
188.22 	Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 
188.23 	and (b), without regard to the limitation of use in paragraph (c), Department of Health, 
188.24 	Department of Employment and Economic Development, and other state agencies as is 
188.25 	reasonably necessary to perform these functions;
188.26 	(29) counties operating child care assistance programs under chapter 119B may 
188.27 	disseminate data on program participants, applicants, and providers to the commissioner 
188.28 	of education; or
188.29 	(30) child support data on the parents and the child, the parents, and relatives of the 
188.30 	child  may be disclosed to agencies administering programs under titles IV-B and IV-E of 
188.31 	the Social Security Act, as provided authorized by federal law. Data may be disclosed 
188.32 	only to the extent necessary for the purpose of establishing parentage or for determining 
188.33 	who has or may have parental rights with respect to a child, which could be related 
188.34 	to permanency planning.
189.1 	(b) Information on persons who have been treated for drug or alcohol abuse may 
189.2 	only be disclosed according to the requirements of Code of Federal Regulations, title 
189.3 	42, sections 2.1 to 2.67.
189.4 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), 
189.5 	(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 
189.6 	nonpublic while the investigation is active. The data are private after the investigation 
189.7 	becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
189.8 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are 
189.9 	not subject to the access provisions of subdivision 10, paragraph (b).
189.10 	For the purposes of this subdivision, a request will be deemed to be made in writing 
189.11 	if made through a computer interface system.

189.12 	Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
189.13 		Subd. 2.Contractual agreements with tribes. The commissioner may enter into 
189.14 	contractual agreements with a federally recognized Indian tribe with a reservation in 
189.15 	Minnesota to carry out the responsibilities of county human service agencies to the 
189.16 	extent necessary for the tribe to operate child care assistance programs under sections 
189.17 	119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursedthe state 
189.18 	to make payments for child care assistance services provided under section 119B.05. 
189.19 	The commissioner shall consult with the affected county or counties in the contractual 
189.20 	agreement negotiations, if the county or counties wish to be included, in order to avoid 
189.21 	the duplication of county and tribal child care services. Funding to support services 
189.22 	under section 119B.03 may be transferred to the federally recognized Indian tribe with a 
189.23 	reservation in Minnesota from allocations available to counties in which reservation 
189.24 	boundaries lie. When funding is transferred under section 119B.03, the amount shall be 
189.25 	commensurate to estimates of the proportion of reservation residents with characteristics 
189.26 	identified in section 119B.03, subdivision 6, to the total population of county residents 
189.27 	with those same characteristics.

189.28 	Sec. 3. Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read:
189.29 		Subd. 6.Maximum child care assistance. The maximum amount of child care 
189.30 	assistance a local agency may authorize pay for in a two-week period is 120 hours per child.

189.31 	Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
189.32 		Subd. 13.Child care in the child's home. (a) Child care assistance must only be 
189.33 	authorized in the child's home if:
190.1 	(1) the child's parents have authorized activities outside of the home and if; or
190.2 	(2) one parent in a two-parent family is in an authorized activity outside of the home 
190.3 	and one parent is unable to care for the child and meets the requirements in Minnesota 
190.4 	Rules, part 3400.0040, subpart 5.
190.5 	(b)In order for child care assistance to be authorized under paragraph (a), clause (1) 
190.6 	or (2), one or more of the following circumstances are must be met:
190.7 	(1) the parents' qualifying authorized activity occurs during times when out-of-home 
190.8 	care is not available or when out-of-home care would result in disruption of the child's 
190.9 	nighttime sleep schedule. If child care is needed during any period when out-of-home care 
190.10 	is not available, in-home care can be approved for the entire time care is needed;
190.11 	(2) the family lives in an area where out-of-home care is not available; or
190.12 	(3) a child has a verified illness or disability that would place the child or other 
190.13 	children in an out-of-home facility at risk or creates a hardship for the child and the family 
190.14 	to take the child out of the home to a child care home or center.

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

190.16 	Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision 
190.17 	to read:
190.18 		Subd. 9.Personal statement. If a county agency determines that an applicant is 
190.19 	ineligible due to not meeting eligibility requirements of chapter 256D, a county agency 
190.20 	may accept a signed personal statement from the applicant in lieu of documentation 
190.21 	verifying ineligibility.

190.22 	Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
190.23 		Subdivision 1.Verification. (a) The county agency shall request, and applicants 
190.24 	and recipients shall provide and verify, all information necessary to determine initial and 
190.25 	continuing eligibility and assistance payment amounts. If necessary, the county agency 
190.26 	shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient 
190.27 	refuses or fails without good cause to provide the information or verification, the county 
190.28 	agency shall deny or terminate assistance.
190.29 	(b) If a county agency determines that an applicant is ineligible due to not meeting 
190.30 	eligibility requirements of chapter 256D, a county agency may accept a signed personal 
190.31 	statement from the applicant in lieu of documentation verifying ineligibility.

190.32 	Sec. 7. Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision 
190.33 	to read:
191.1 		Subd. 5.Merger. In the case of a merger between community action agencies, the 
191.2 	newly created agency receives a base funding amount equal to the sum of the merged 
191.3 	agencies' base funding amounts at the point of the merger as described in subdivision 2, 
191.4 	paragraph (b), unless the commissioner determines the funding amount should be less 
191.5 	than the sum of the merged agencies' base funding amount due to savings resulting from 
191.6 	fewer redundancies and duplicative services.

191.7 	Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
191.8 		Subd. 1a.County approval. (a) A county agency may not approve a group 
191.9 	residential housing payment for an individual in any setting with a rate in excess of the 
191.10 	MSA equivalent rate for more than 30 days in a calendar year unless the county agency 
191.11 	has developed or approved a plan for the individual which specifies that:
191.12 	(1) the individual has an illness or incapacity which prevents the person from living 
191.13 	independently in the community; and
191.14 	(2) the individual's illness or incapacity requires the services which are available in 
191.15 	the group residence.
191.16 	The plan must be signed or countersigned by any of the following employees of the 
191.17 	county of financial responsibility: the director of human services or a designee of the 
191.18 	director; a social worker; or a case aide.
191.19 	(b) If a county agency determines that an applicant is ineligible due to not meeting 
191.20 	eligibility requirements under this section, a county agency may accept a signed personal 
191.21 	statement from the applicant in lieu of documentation verifying ineligibility.

191.22 	Sec. 9. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
191.23 		Subd. 3.Submitting application form. (a) A county agency must offer, in person 
191.24 	or by mail, the application forms prescribed by the commissioner as soon as a person 
191.25 	makes a written or oral inquiry. At that time, the county agency must:
191.26 	(1) inform the person that assistance begins with the date the signed application is 
191.27 	received by the county agency or the date all eligibility criteria are met, whichever is later;
191.28 	(2) inform the person that any delay in submitting the application will reduce the 
191.29 	amount of assistance paid for the month of application;
191.30 	(3) inform a person that the person may submit the application before an interview;
191.31 	(4) explain the information that will be verified during the application process by the 
191.32 	county agency as provided in section 256J.32;
191.33 	(5) inform a person about the county agency's average application processing time 
191.34 	and explain how the application will be processed under subdivision 5;
192.1 	(6) explain how to contact the county agency if a person's application information 
192.2 	changes and how to withdraw the application;
192.3 	(7) inform a person that the next step in the application process is an interview 
192.4 	and what a person must do if the application is approved including, but not limited to, 
192.5 	attending orientation under section 256J.45 and complying with employment and training 
192.6 	services requirements in sections 256J.515 to 256J.57;
192.7 	(8) inform the person that the interview must be conducted face-to-face in the county 
192.8 	office, through Internet telepresence, or at a location mutually agreed upon;
192.9 	(9) inform a person who has received MFIP or DWP in the past 12 months of the 
192.10 	option to have a face-to-face, Internet telepresence, or telephone interview;
192.11 	(8) (10) explain the child care and transportation services that are available under 
192.12 	paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
192.13 	(9) (11) identify any language barriers and arrange for translation assistance during 
192.14 	appointments, including, but not limited to, screening under subdivision 3a, orientation 
192.15 	under section 256J.45, and assessment under section 256J.521.
192.16 	(b) Upon receipt of a signed application, the county agency must stamp the date of 
192.17 	receipt on the face of the application. The county agency must process the application 
192.18 	within the time period required under subdivision 5. An applicant may withdraw the 
192.19 	application at any time by giving written or oral notice to the county agency. The county 
192.20 	agency must issue a written notice confirming the withdrawal. The notice must inform 
192.21 	the applicant of the county agency's understanding that the applicant has withdrawn the 
192.22 	application and no longer wants to pursue it. When, within ten days of the date of the 
192.23 	agency's notice, an applicant informs a county agency, in writing, that the applicant does 
192.24 	not wish to withdraw the application, the county agency must reinstate the application and 
192.25 	finish processing the application.
192.26 	(c) Upon a participant's request, the county agency must arrange for transportation 
192.27 	and child care or reimburse the participant for transportation and child care expenses 
192.28 	necessary to enable participants to attend the screening under subdivision 3a and 
192.29 	orientation under section 256J.45.

192.30 	Sec. 10. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
192.31 		Subd. 3.Other property limitations. To be eligible for MFIP, the equity value of 
192.32 	all nonexcluded real and personal property of the assistance unit must not exceed $2,000 
192.33 	for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to 
192.34 	(19) must be excluded when determining the equity value of real and personal property:
193.1 	(1) a licensed vehicle up to a loan trade-in value of less than or equal to $10,000. 
193.2 	If the assistance unit owns more than one licensed vehicle, the county agency shall 
193.3 	determine the loan trade-in value of all additional vehicles and exclude the combined 
193.4 	loan trade-in value of less than or equal to $7,500. The county agency shall apply any 
193.5 	excess loan trade-in value as if it were equity value to the asset limit described in this 
193.6 	section, excluding: (i) the value of one vehicle per physically disabled person when the 
193.7 	vehicle is needed to transport the disabled unit member; this exclusion does not apply to 
193.8 	mentally disabled people; (ii) the value of special equipment for a disabled member of 
193.9 	the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily 
193.10 	commuting, for the employment of a unit member.
193.11 	To establish the loan trade-in value of vehicles, a county agency must use the 
193.12 	N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars online car 
193.13 	values and car prices guide. When a vehicle is not listed in the guidebook, or when the 
193.14 	applicant or participant disputes the loan trade-in value listed in the guidebook online 
193.15 	guide as unreasonable given the condition of the particular vehicle, the county agency may 
193.16 	require the applicant or participant document the loan trade-in value by securing a written 
193.17 	statement from a motor vehicle dealer licensed under section 168.27, stating the amount 
193.18 	that the dealer would pay to purchase the vehicle. The county agency shall reimburse the 
193.19 	applicant or participant for the cost of a written statement that documents a lower loan value;
193.20 	(2) the value of life insurance policies for members of the assistance unit;
193.21 	(3) one burial plot per member of an assistance unit;
193.22 	(4) the value of personal property needed to produce earned income, including 
193.23 	tools, implements, farm animals, inventory, business loans, business checking and 
193.24 	savings accounts used at least annually and used exclusively for the operation of a 
193.25 	self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use 
193.26 	is to produce income and if the vehicles are essential for the self-employment business;
193.27 	(5) the value of personal property not otherwise specified which is commonly 
193.28 	used by household members in day-to-day living such as clothing, necessary household 
193.29 	furniture, equipment, and other basic maintenance items essential for daily living;
193.30 	(6) the value of real and personal property owned by a recipient of Supplemental 
193.31 	Security Income or Minnesota supplemental aid;
193.32 	(7) the value of corrective payments, but only for the month in which the payment 
193.33 	is received and for the following month;
193.34 	(8) a mobile home or other vehicle used by an applicant or participant as the 
193.35 	applicant's or participant's home;
194.1 	(9) money in a separate escrow account that is needed to pay real estate taxes or 
194.2 	insurance and that is used for this purpose;
194.3 	(10) money held in escrow to cover employee FICA, employee tax withholding, 
194.4 	sales tax withholding, employee worker compensation, business insurance, property rental, 
194.5 	property taxes, and other costs that are paid at least annually, but less often than monthly;
194.6 	(11) monthly assistance payments for the current month's or short-term emergency 
194.7 	needs under section 256J.626, subdivision 2;
194.8 	(12) the value of school loans, grants, or scholarships for the period they are 
194.9 	intended to cover;
194.10 	(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in 
194.11 	escrow for a period not to exceed three months to replace or repair personal or real property;
194.12 	(14) income received in a budget month through the end of the payment month;
194.13 	(15) savings from earned income of a minor child or a minor parent that are set aside 
194.14 	in a separate account designated specifically for future education or employment costs;
194.15 	(16) the federal earned income credit, Minnesota working family credit, state and 
194.16 	federal income tax refunds, state homeowners and renters credits under chapter 290A, 
194.17 	property tax rebates and other federal or state tax rebates in the month received and the 
194.18 	following month;
194.19 	(17) payments excluded under federal law as long as those payments are held in a 
194.20 	separate account from any nonexcluded funds;
194.21 	(18) the assets of children ineligible to receive MFIP benefits because foster care or 
194.22 	adoption assistance payments are made on their behalf; and
194.23 	(19) the assets of persons whose income is excluded under section 256J.21, 
194.24 	subdivision 2, clause (43).

194.25 	Sec. 11. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is 
194.26 	amended to read:
194.27 		Subd. 2.Income exclusions. The following must be excluded in determining a 
194.28 	family's available income:
194.29 	(1) payments for basic care, difficulty of care, and clothing allowances received for 
194.30 	providing family foster care to children or adults under Minnesota Rules, parts 9555.5050 
194.31 	to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care 
194.32 	for children under section 260C.4411 or chapter 256N, and payments received and used 
194.33 	for care and maintenance of a third-party beneficiary who is not a household member;
194.34 	(2) reimbursements for employment training received through the Workforce 
194.35 	Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
195.1 	(3) reimbursement for out-of-pocket expenses incurred while performing volunteer 
195.2 	services, jury duty, employment, or informal carpooling arrangements directly related to 
195.3 	employment;
195.4 	(4) all educational assistance, except the county agency must count graduate student 
195.5 	teaching assistantships, fellowships, and other similar paid work as earned income and, 
195.6 	after allowing deductions for any unmet and necessary educational expenses, shall 
195.7 	count scholarships or grants awarded to graduate students that do not require teaching 
195.8 	or research as unearned income;
195.9 	(5) loans, regardless of purpose, from public or private lending institutions, 
195.10 	governmental lending institutions, or governmental agencies;
195.11 	(6) loans from private individuals, regardless of purpose, provided an applicant or 
195.12 	participant documents that the lender expects repayment;
195.13 	(7)(i) state income tax refunds; and
195.14 	(ii) federal income tax refunds;
195.15 	(8)(i) federal earned income credits;
195.16 	(ii) Minnesota working family credits;
195.17 	(iii) state homeowners and renters credits under chapter 290A; and
195.18 	(iv) federal or state tax rebates;
195.19 	(9) funds received for reimbursement, replacement, or rebate of personal or real 
195.20 	property when these payments are made by public agencies, awarded by a court, solicited 
195.21 	through public appeal, or made as a grant by a federal agency, state or local government, 
195.22 	or disaster assistance organizations, subsequent to a presidential declaration of disaster;
195.23 	(10) the portion of an insurance settlement that is used to pay medical, funeral, and 
195.24 	burial expenses, or to repair or replace insured property;
195.25 	(11) reimbursements for medical expenses that cannot be paid by medical assistance;
195.26 	(12) payments by a vocational rehabilitation program administered by the state 
195.27 	under chapter 268A, except those payments that are for current living expenses;
195.28 	(13) in-kind income, including any payments directly made by a third party to a 
195.29 	provider of goods and services;
195.30 	(14) assistance payments to correct underpayments, but only for the month in which 
195.31 	the payment is received;
195.32 	(15) payments for short-term emergency needs under section 256J.626, subdivision 2;
195.33 	(16) funeral and cemetery payments as provided by section 256.935;
195.34 	(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in 
195.35 	a calendar month;
196.1 	(18) any form of energy assistance payment made through Public Law 97-35, 
196.2 	Low-Income Home Energy Assistance Act of 1981, payments made directly to energy 
196.3 	providers by other public and private agencies, and any form of credit or rebate payment 
196.4 	issued by energy providers;
196.5 	(19) Supplemental Security Income (SSI), including retroactive SSI payments and 
196.6 	other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
196.7 	(20) Minnesota supplemental aid, including retroactive payments;
196.8 	(21) proceeds from the sale of real or personal property;
196.9 	(22) state adoption or kinship assistance payments under chapter chapters 256N or
196.10 	 259A, and up to an equal amount of county adoption assistance payments Minnesota 
196.11 	permanency demonstration title IV-E waiver payments under section 256.01, subdivision 
196.12 	14a;
196.13 	(23) state-funded family subsidy program payments made under section 252.32 to 
196.14 	help families care for children with developmental disabilities, consumer support grant 
196.15 	funds under section 256.476, and resources and services for a disabled household member 
196.16 	under one of the home and community-based waiver services programs under chapter 256B;
196.17 	(24) interest payments and dividends from property that is not excluded from and 
196.18 	that does not exceed the asset limit;
196.19 	(25) rent rebates;
196.20 	(26) income earned by a minor caregiver, minor child through age 6, or a minor 
196.21 	child who is at least a half-time student in an approved elementary or secondary education 
196.22 	program;
196.23 	(27) income earned by a caregiver under age 20 who is at least a half-time student in 
196.24 	an approved elementary or secondary education program;
196.25 	(28) MFIP child care payments under section 119B.05;
196.26 	(29) all other payments made through MFIP to support a caregiver's pursuit of 
196.27 	greater economic stability;
196.28 	(30) income a participant receives related to shared living expenses;
196.29 	(31) reverse mortgages;
196.30 	(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title 
196.31 	42, chapter 13A, sections 1771 to 1790;
196.32 	(33) benefits provided by the women, infants, and children (WIC) nutrition program, 
196.33 	United States Code, title 42, chapter 13A, section 1786;
196.34 	(34) benefits from the National School Lunch Act, United States Code, title 42, 
196.35 	chapter 13, sections 1751 to 1769e;
197.1 	(35) relocation assistance for displaced persons under the Uniform Relocation 
197.2 	Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title 
197.3 	42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States 
197.4 	Code, title 12, chapter 13, sections 1701 to 1750jj;
197.5 	(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter 
197.6 	12, part 2, sections 2271 to 2322;
197.7 	(37) war reparations payments to Japanese Americans and Aleuts under United 
197.8 	States Code, title 50, sections 1989 to 1989d;
197.9 	(38) payments to veterans or their dependents as a result of legal settlements 
197.10 	regarding Agent Orange or other chemical exposure under Public Law 101-239, section 
197.11 	10405, paragraph (a)(2)(E);
197.12 	(39) income that is otherwise specifically excluded from MFIP consideration in 
197.13 	federal law, state law, or federal regulation;
197.14 	(40) security and utility deposit refunds;
197.15 	(41) American Indian tribal land settlements excluded under Public Laws 98-123, 
197.16 	98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech 
197.17 	Lake, and Mille Lacs reservations and payments to members of the White Earth Band, 
197.18 	under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
197.19 	(42) all income of the minor parent's parents and stepparents when determining the 
197.20 	grant for the minor parent in households that include a minor parent living with parents or 
197.21 	stepparents on MFIP with other children;
197.22 	(43) income of the minor parent's parents and stepparents equal to 200 percent of the 
197.23 	federal poverty guideline for a family size not including the minor parent and the minor 
197.24 	parent's child in households that include a minor parent living with parents or stepparents 
197.25 	not on MFIP when determining the grant for the minor parent. The remainder of income is 
197.26 	deemed as specified in section 256J.37, subdivision 1b;
197.27 	(44) payments made to children eligible for relative custody assistance under section 
197.28 	257.85;
197.29 	(45) vendor payments for goods and services made on behalf of a client unless the 
197.30 	client has the option of receiving the payment in cash;
197.31 	(46) the principal portion of a contract for deed payment;
197.32 	(47) cash payments to individuals enrolled for full-time service as a volunteer under 
197.33 	AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps 
197.34 	National, and AmeriCorps NCCC; and
197.35 	(48) housing assistance grants under section 256J.35, paragraph (a).

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

198.1 	Sec. 12. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is 
198.2 	amended to read:
198.3 		Subd. 3.Individuals who must be excluded from an assistance unit. (a) The 
198.4 	following individuals who are part of the assistance unit determined under subdivision 2 
198.5 	are ineligible to receive MFIP:
198.6 	(1) individuals who are recipients of Supplemental Security Income or Minnesota 
198.7 	supplemental aid;
198.8 	(2) individuals disqualified from the food stamp or food support program or MFIP, 
198.9 	until the disqualification ends;
198.10 	(3) children on whose behalf federal, state or local foster care payments are made, 
198.11 	except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
198.12 	(4) children receiving ongoing guardianship assistance payments under chapter 256N;
198.13 	(4) (5) children receiving ongoing monthly adoption assistance payments under 
198.14 	chapter chapters 256N or 259A; and
198.15 	(5) (6) individuals disqualified from the work participation cash benefit program 
198.16 	until that disqualification ends.
198.17 	(b) The exclusion of a person under this subdivision does not alter the mandatory 
198.18 	assistance unit composition.

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

198.20 	Sec. 13. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
198.21 		Subd. 4.Participant's completion of recertification of eligibility form. A 
198.22 	participant must complete forms prescribed by the commissioner which are required 
198.23 	for recertification of eligibility according to section 256J.32, subdivision 6. A county 
198.24 	agency must end benefits when the participant fails to submit the recertification form and 
198.25 	verifications and complete the interview process before the end of the certification period. 
198.26 	If the participant submits the recertification form by the last day of the certification period, 
198.27 	benefits may be reinstated back to the date of closing when the recertification process is 
198.28 	completed during the first month after benefits ended.

198.29 	Sec. 14. Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read:
198.30 		Subd. 12.Requirement to provide Social Security numbers. Each member 
198.31 	of the assistance unit must provide the member's Social Security number to the county 
198.32 	agency, except for members in the assistance unit who are qualified noncitizens who are 
198.33 	victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7)
198.34 	 clauses (8) and (9). When a Social Security number is not provided to the county agency 
199.1 	for verification, this requirement is satisfied when each member of the assistance unit 
199.2 	cooperates with the procedures for verification of numbers, issuance of duplicate cards, 
199.3 	and issuance of new numbers which have been established jointly between the Social 
199.4 	Security Administration and the commissioner.

199.5 	Sec. 15. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
199.6 		Subd. 6.Recertification. (a) The county agency shall recertify eligibility in an 
199.7 	annual face-to-face interview with the participant. The county agency may waive the 
199.8 	face-to-face interview and conduct a phone interview for participants who qualify under 
199.9 	paragraph (b). The interview may be conducted by phone, Internet telepresence, or 
199.10 	face-to-face in the county office or in another location mutually agreed upon. During the 
199.11 	interview, the county agency shall verify the following:
199.12 	(1) presence of the minor child in the home, if questionable;
199.13 	(2) income, unless excluded, including self-employment expenses used as a 
199.14 	deduction or deposits or withdrawals from business accounts;
199.15 	(3) assets when the value is within $200 of the asset limit;
199.16 	(4) information to establish an exception under section 256J.24, subdivision 9, if 
199.17 	questionable;
199.18 	(5) inconsistent information, if related to eligibility; and
199.19 	(6) whether a single caregiver household meets requirements in section 256J.575, 
199.20 	subdivision 3.
199.21 	(b) A participant who is employed any number of hours must be given the option 
199.22 	of conducting a face-to-face or a phone interview or Internet telepresence to recertify 
199.23 	eligibility. The participant must be employed at the time the interview is scheduled. If 
199.24 	the participant loses the participant's job between the time the interview is scheduled and 
199.25 	when it is to be conducted, the phone interview may still be conducted.

199.26 	Sec. 16. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
199.27 		Subd. 8.Personal statement. (a) The county agency may accept a signed personal 
199.28 	statement from the applicant or participant explaining the reasons that the documentation 
199.29 	requested in subdivision 2 is unavailable as sufficient documentation at the time of 
199.30 	application, recertification, or change related to eligibility only for the following factors:
199.31 	(1) a claim of family violence if used as a basis to qualify for the family violence 
199.32 	waiver;
199.33 	(2) information needed to establish an exception under section 256J.24, subdivision 9;
199.34 	(3) relationship of a minor child to caregivers in the assistance unit;
200.1 	(4) citizenship status from a noncitizen who reports to be, or is identified as, a victim 
200.2 	of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's 
200.3 	immigration documents are being held by an individual or group of individuals against the 
200.4 	noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement 
200.5 	(ORR) to pursue certification. If verification that certification is being pursued is not 
200.6 	received within 30 days, the MFIP case must be closed and the agency shall pursue 
200.7 	overpayments. The ORR documents certifying the noncitizen's status as a victim of 
200.8 	severe forms of trafficking in persons, or the reason for the delay in processing, must be 
200.9 	received within 90 days, or the MFIP case must be closed and the agency shall pursue 
200.10 	overpayments; and
200.11 	(5) other documentation unavailable for reasons beyond the control of the applicant 
200.12 	or participant. Reasonable attempts must have been made to obtain the documents 
200.13 	requested under subdivision 2.
200.14 	(b) After meeting all requirements under section 256J.09, if a county agency 
200.15 	determines that an applicant is ineligible due to exceeding limits under sections 256J.20 
200.16 	and 256J.21, a county agency may accept a signed personal statement from the applicant 
200.17 	in lieu of documentation verifying ineligibility. 

200.18 	Sec. 17. Minnesota Statutes 2012, section 256J.38, subdivision 6, is amended to read:
200.19 		Subd. 6.Scope of underpayments. A county agency must issue a corrective 
200.20 	payment for underpayments made to a participant or to a person who would be a 
200.21 	participant if an agency or client error causing the underpayment had not occurred. 
200.22 	Corrective payments are limited to 12 months prior to the month of discovery. The county 
200.23 	agency must issue the corrective payment according to subdivision 8.

200.24 	Sec. 18. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
200.25 		Subd. 13.Work activity. (a) "Work activity" means any activity in a participant's 
200.26 	approved employment plan that leads to employment. For purposes of the MFIP program, 
200.27 	this includes activities that meet the definition of work activity under the participation 
200.28 	requirements of TANF. Work activity includes:
200.29 	(1) unsubsidized employment, including work study and paid apprenticeships or 
200.30 	internships;
200.31 	(2) subsidized private sector or public sector employment, including grant diversion 
200.32 	as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid 
200.33 	work experience, and supported work when a wage subsidy is provided;
201.1 	(3) unpaid Uncompensated work experience, including community service, 
201.2 	volunteer work, the community work experience program as specified in section 256J.67, 
201.3 	unpaid apprenticeships or internships, and supported work when a wage subsidy is not 
201.4 	provided. Unpaid Uncompensated work experience is only an option if the participant 
201.5 	has been unable to obtain or maintain paid employment in the competitive labor market, 
201.6 	and no paid work experience programs are available to the participant. Prior to placing a 
201.7 	participant in unpaid uncompensated work, the county must inform the participant that 
201.8 	the participant will be notified if a paid work experience or supported work position 
201.9 	becomes available. Unless a participant consents in writing to participate in unpaid
201.10 	 uncompensated work experience, the participant's employment plan may only include 
201.11 	unpaid uncompensated work experience if including the unpaid work experience in the 
201.12 	plan will meet the following criteria are met:
201.13 	(i) the unpaid uncompensated work experience will provide the participant specific 
201.14 	skills or experience that cannot be obtained through other work activity options where the 
201.15 	participant resides or is willing to reside; and
201.16 	(ii) the skills or experience gained through the unpaid uncompensated work 
201.17 	experience will result in higher wages for the participant than the participant could earn 
201.18 	without the unpaid uncompensated work experience;
201.19 	(4) job search including job readiness assistance, job clubs, job placement, 
201.20 	job-related counseling, and job retention services;
201.21 	(5) job readiness education, including English as a second language (ESL) or 
201.22 	functional work literacy classes as limited by the provisions of section 256J.531, 
201.23 	subdivision 2, general educational development (GED) course work, high school 
201.24 	completion, and adult basic education as limited by the provisions of section 256J.531, 
201.25 	subdivision 1;
201.26 	(6) job skills training directly related to employment, including education and 
201.27 	training that can reasonably be expected to lead to employment, as limited by the 
201.28 	provisions of section 256J.53;
201.29 	(7) providing child care services to a participant who is working in a community 
201.30 	service program;
201.31 	(8) activities included in the employment plan that is developed under section 
201.32 	256J.521, subdivision 3; and
201.33 	(9) preemployment activities including chemical and mental health assessments, 
201.34 	treatment, and services; learning disabilities services; child protective services; family 
201.35 	stabilization services; or other programs designed to enhance employability.
202.1 	(b) "Work activity" does not include activities done for political purposes as defined 
202.2 	in section 211B.01, subdivision 6.

202.3 	Sec. 19. Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read:
202.4 		Subdivision 1.Assessments. (a) For purposes of MFIP employment services, 
202.5 	assessment is a continuing process of gathering information related to employability 
202.6 	for the purpose of identifying both participant's strengths and strategies for coping with 
202.7 	issues that interfere with employment. The job counselor must use information from the 
202.8 	assessment process to develop and update the employment plan under subdivision 2 or 
202.9 	3, as appropriate, to determine whether the participant qualifies for a family violence 
202.10 	waiver including an employment plan under subdivision 3, and to determine whether the 
202.11 	participant should be referred to family stabilization services under section 256J.575.
202.12 	(b) The scope of assessment must cover at least the following areas:
202.13 	(1) basic information about the participant's ability to obtain and retain employment, 
202.14 	including: a review of the participant's education level; interests, skills, and abilities; prior 
202.15 	employment or work experience; transferable work skills; child care and transportation 
202.16 	needs;
202.17 	(2) identification of personal and family circumstances that impact the participant's 
202.18 	ability to obtain and retain employment, including: any special needs of the children, the 
202.19 	level of English proficiency, family violence issues, and any involvement with social 
202.20 	services or the legal system;
202.21 	(3) the results of a mental and chemical health screening tool designed by the 
202.22 	commissioner and results of the brief screening tool for special learning needs. Screening 
202.23 	tools for mental and chemical health and special learning needs must be approved by the 
202.24 	commissioner and may only be administered by job counselors or county staff trained in 
202.25 	using such screening tools. The commissioner shall work with county agencies to develop 
202.26 	protocols for referrals and follow-up actions after screens are administered to participants, 
202.27 	including guidance on how employment plans may be modified based upon outcomes 
202.28 	of certain screens. Participants must be told of the purpose of the screens and how the 
202.29 	information will be used to assist the participant in identifying and overcoming barriers to 
202.30 	employment. Screening for mental and chemical health and special learning needs must 
202.31 	be completed by participants who are unable to find suitable employment after six weeks 
202.32 	of job search under subdivision 2, paragraph (b), and participants who are determined 
202.33 	to have barriers to employment under subdivision 2, paragraph (d) three months after 
202.34 	development of the initial employment plan or earlier if there is a documented need. 
202.35 	Failure to complete the screens will result in sanction under section 256J.46; and
203.1 	(4) a comprehensive review of participation and progress for participants who have 
203.2 	received MFIP assistance and have not worked in unsubsidized employment during the 
203.3 	past 12 months. The purpose of the review is to determine the need for additional services 
203.4 	and supports, including placement in subsidized employment or unpaid work experience 
203.5 	under section 256J.49, subdivision 13, or referral to family stabilization services under 
203.6 	section 256J.575.
203.7 	(c) Information gathered during a caregiver's participation in the diversionary work 
203.8 	program under section 256J.95 must be incorporated into the assessment process.
203.9 	(d) The job counselor may require the participant to complete a professional chemical 
203.10 	use assessment to be performed according to the rules adopted under section 254A.03, 
203.11 	subdivision 3, including provisions in the administrative rules which recognize the cultural 
203.12 	background of the participant, or a professional psychological assessment as a component 
203.13 	of the assessment process, when the job counselor has a reasonable belief, based on 
203.14 	objective evidence, that a participant's ability to obtain and retain suitable employment 
203.15 	is impaired by a medical condition. The job counselor may assist the participant with 
203.16 	arranging services, including child care assistance and transportation, necessary to meet 
203.17 	needs identified by the assessment. Data gathered as part of a professional assessment 
203.18 	must be classified and disclosed according to the provisions in section 13.46.

203.19 	Sec. 20. Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read:
203.20 		Subd. 2.Employment plan; contents. (a) Based on the assessment under 
203.21 	subdivision 1, the job counselor and the participant must develop an employment plan 
203.22 	that includes participation in activities and hours that meet the requirements of section 
203.23 	256J.55, subdivision 1. The purpose of the employment plan is to identify for each 
203.24 	participant the most direct path to unsubsidized employment and any subsequent steps that 
203.25 	support long-term economic stability. The employment plan should be developed using 
203.26 	the highest level of activity appropriate for the participant. Activities must be chosen from 
203.27 	clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of 
203.28 	preference for activities, priority must be given for activities related to a family violence 
203.29 	waiver when developing the employment plan. The employment plan must also list the 
203.30 	specific steps the participant will take to obtain employment, including steps necessary 
203.31 	for the participant to progress from one level of activity to another, and a timetable for 
203.32 	completion of each step. Levels of activity include:
203.33 	(1) unsubsidized employment;
203.34 	(2) job search;
203.35 	(3) subsidized employment or unpaid work experience;
204.1 	(4) unsubsidized employment and job readiness education or job skills training;
204.2 	(5) unsubsidized employment or unpaid work experience and activities related to 
204.3 	a family violence waiver or preemployment needs; and
204.4 	(6) activities related to a family violence waiver or preemployment needs.
204.5 	(b) Participants who are determined to possess sufficient skills such that the 
204.6 	participant is likely to succeed in obtaining unsubsidized employment must job search at 
204.7 	least 30 hours per week for up to six weeks three months and accept any offer of suitable 
204.8 	employment. The remaining hours necessary to meet the requirements of section 256J.55, 
204.9 	subdivision 1, may be met through participation in other work activities under section 
204.10 	256J.49, subdivision 13. The participant's employment plan must specify, at a minimum: 
204.11 	(1) whether the job search is supervised or unsupervised on site or self-directed; (2) 
204.12 	support services that will be provided; and (3) how frequently the participant must report 
204.13 	to the job counselor. Participants who are unable to find suitable employment after six 
204.14 	weeksthree months must meet with the job counselor to determine whether other activities 
204.15 	in paragraph (a) should be incorporated into the employment plan. Job search activities 
204.16 	which are continued after six weeks three months must be structured and supervised.
204.17 	(c) Participants who are determined to have barriers to obtaining or maintaining 
204.18 	suitable employment that will not be overcome during six weeks three months of job 
204.19 	search under paragraph (b) must work with the job counselor to develop an employment 
204.20 	plan that addresses those barriers by incorporating appropriate activities from paragraph 
204.21 	(a), clauses (1) to (6). The employment plan must include enough hours to meet the 
204.22 	participation requirements in section 256J.55, subdivision 1, unless a compelling reason to 
204.23 	require fewer hours is noted in the participant's file.
204.24 	(d) The job counselor and the participant must sign the employment plan to indicate 
204.25 	agreement on the contents.
204.26 	(e) Except as provided under paragraph (f), failure to develop or comply with 
204.27 	activities in the plan, or voluntarily quitting suitable employment without good cause, will 
204.28 	result in the imposition of a sanction under section 256J.46.
204.29 	(f) When a participant fails to meet the agreed-upon hours of participation in paid 
204.30 	employment because the participant is not eligible for holiday pay and the participant's 
204.31 	place of employment is closed for a holiday, the job counselor shall not impose a sanction 
204.32 	or increase the hours of participation in any other activity, including paid employment, to 
204.33 	offset the hours that were missed due to the holiday.
204.34 	(g) Employment plans must be reviewed at least every three months to determine 
204.35 	whether activities and hourly requirements should be revised. The job counselor is 
204.36 	encouraged to allow participants who are participating in at least 20 hours of work 
205.1 	activities to also participate in education and training activities in order to meet the federal 
205.2 	hourly participation rates.

205.3 	Sec. 21. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
205.4 		Subd. 2.Approval of postsecondary education or training. (a) In order for a 
205.5 	postsecondary education or training program to be an approved activity in an employment 
205.6 	plan, the plan must include additional work activities if the education and training 
205.7 	activities do not meet the minimum hours required to meet the federal work participation 
205.8 	rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
205.9 	(b) Participants seeking approval of a postsecondary education or training plan must 
205.10 	provide documentation work with the job counselor to document that:
205.11 	(1) the employment goal can only be met with the additional education or training;
205.12 	(2) there are suitable employment opportunities that require the specific education or 
205.13 	training in the area in which the participant resides or is willing to reside;
205.14 	(3) the education or training will result in significantly higher wages for the 
205.15 	participant than the participant could earn without the education or training;
205.16 	(4) the participant can meet the requirements for admission into the program; and
205.17 	(5) there is a reasonable expectation that the participant will complete the training 
205.18 	program based on such factors as the participant's MFIP assessment, previous education, 
205.19 	training, and work history; current motivation; and changes in previous circumstances.

205.20 	Sec. 22. Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
205.21 		Subd. 5.Requirements after postsecondary education or training. Upon 
205.22 	completion of an approved education or training program, a participant who does not meet 
205.23 	the participation requirements in section 256J.55, subdivision 1, through unsubsidized 
205.24 	employment must participate in job search. If, after six weeks three months of job search, 
205.25 	the participant does not find a full-time job consistent with the employment goal, the 
205.26 	participant must accept any offer of full-time suitable employment, or meet with the job 
205.27 	counselor to revise the employment plan to include additional work activities necessary to 
205.28 	meet hourly requirements.

205.29 	Sec. 23. Minnesota Statutes 2013 Supplement, section 256J.621, subdivision 1, 
205.30 	is amended to read:
205.31 		Subdivision 1.Program characteristics. (a) Effective October 1, 2009, upon 
205.32 	exiting the diversionary work program (DWP) or upon terminating Within 30 days of 
205.33 	exiting the Minnesota family investment program with earnings, a participant who is 
206.1 	employed may be eligible the county must assess eligibility for work participation cash 
206.2 	benefits of $25 per month to assist in meeting the family's basic needs as the participant 
206.3 	continues to move toward self-sufficiency. Payment begins effective the first of the month 
206.4 	following exit or termination for MFIP and DWP participants.
206.5 	(b) To be eligible for work participation cash benefits, the participant shall not 
206.6 	receive MFIP or diversionary work program assistance during the month and the 
206.7 	participant or participants must meet the following work requirements:
206.8 	(1) if the participant is a single caregiver and has a child under six years of age, the 
206.9 	participant must be employed at least 87 hours per month;
206.10 	(2) if the participant is a single caregiver and does not have a child under six years of 
206.11 	age, the participant must be employed at least 130 hours per month; or
206.12 	(3) if the household is a two-parent family, at least one of the parents must be 
206.13 	employed 130 hours per month.
206.14 	Whenever a participant exits the diversionary work program or is terminated from 
206.15 	MFIP and meets the other criteria in this section, work participation cash benefits are 
206.16 	available for up to 24 consecutive months.
206.17 	(c) Expenditures on the program are maintenance of effort state funds under 
206.18 	a separate state program for participants under paragraph (b), clauses (1) and (2). 
206.19 	Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort 
206.20 	funds. Months in which a participant receives work participation cash benefits under this 
206.21 	section do not count toward the participant's MFIP 60-month time limit.

206.22 	Sec. 24. Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read:
206.23 		Subd. 5.Innovation projects. Beginning January 1, 2005, no more than $3,000,000 
206.24 	of the funds annually appropriated to the commissioner for use in the consolidated fund 
206.25 	shall be available to the commissioner for projects testingto reward high-performing 
206.26 	counties and tribes, support promising practices, and test innovative approaches to 
206.27 	improving outcomes for MFIP participants, family stabilization services participants, and 
206.28 	persons at risk of receiving MFIP as detailed in subdivision 3. Projects shallProject 
206.29 	funds may be targeted to geographic areas with poor outcomes as specified in section 
206.30 	256J.751, subdivision 5, or to subgroups within the MFIP case load who are experiencing 
206.31 	poor outcomes.

206.32 	Sec. 25. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 6, 
206.33 	is amended to read:
207.1 		Subd. 6.Base allocation to counties and tribes; definitions. (a) For purposes of 
207.2 	this section, the following terms have the meanings given.
207.3 	(1) "2002 historic spending base" means the commissioner's determination of 
207.4 	the sum of the reimbursement related to fiscal year 2002 of county or tribal agency 
207.5 	expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings 
207.6 	related to calendar year 2002 in the base program listed in clause (6), item (v), and the 
207.7 	amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi), 
207.8 	issued to or on behalf of persons residing in the county or tribal service delivery area.
207.9 	(2) "Adjusted caseload factor" means a factor weighted:
207.10 	(i) 47 percent on the MFIP cases in each county at four points in time in the most 
207.11 	recent 12-month period for which data is available multiplied by the county's caseload 
207.12 	difficulty factor; and
207.13 	(ii) 53 percent on the count of adults on MFIP in each county and tribe at four points 
207.14 	in time in the most recent 12-month period for which data is available multiplied by the 
207.15 	county or tribe's caseload difficulty factor.
207.16 	(3) "Caseload difficulty factor" means a factor determined by the commissioner for 
207.17 	each county and tribe based upon the self-support index described in section 256J.751, 
207.18 	subdivision 2, clause (6).
207.19 	(4) "Initial allocation" means the amount potentially available to each county or tribe 
207.20 	based on the formula in paragraphs (b) through (d).
207.21 	(5) "Final allocation" means the amount available to each county or tribe based on 
207.22 	the formula in paragraphs (b) through (d), after adjustment by subdivision 7.
207.23 	(6) "Base programs" means the:
207.24 	(i) MFIP employment and training services under Minnesota Statutes 2002, section 
207.25 	256J.62, subdivision 1, in effect June 30, 2002;
207.26 	(ii) bilingual employment and training services to refugees under Minnesota Statutes 
207.27 	2002, section 256J.62, subdivision 6, in effect June 30, 2002;
207.28 	(iii) work literacy language programs under Minnesota Statutes 2002, section 
207.29 	256J.62, subdivision 7, in effect June 30, 2002;
207.30 	(iv) supported work program authorized in Laws 2001, First Special Session chapter 
207.31 	9, article 17, section 2, in effect June 30, 2002;
207.32 	(v) administrative aid program under section 256J.76 in effect December 31, 2002; 
207.33 	and
207.34 	(vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48, 
207.35 	in effect June 30, 2002.
208.1 	(b) The commissioner shall determine for calendar year 2008 and subsequent years 
208.2 	the initial allocation of funds to be made available under this section based 50 percent on 
208.3 	the proportion of the county or tribe's share of the statewide 2002 historic spending base and 
208.4 	50 percent on the proportion of the county or tribe's share of the adjusted caseload factor.
208.5 	(c) With the commencement of a new or expanded tribal TANF program, or for 
208.6 	tribes administering TANF as authorized under Laws 2011, First Special Session chapter 
208.7 	9, article 9, section 18,  or an agreement under section 256.01, subdivision 2, paragraph 
208.8 	(g), in which some or all of the responsibilities of particular counties under this section are 
208.9 	transferred to a tribe, the commissioner shall:
208.10 	(1) in the case where all responsibilities under this section are transferred to a 
208.11 	tribe or tribal program, determine the percentage of the county's current caseload that is 
208.12 	transferring to a tribal program and adjust the affected county's allocation and tribe's 
208.13 	allocations accordingly; and
208.14 	(2) in the case where a portion of the responsibilities under this section are 
208.15 	transferred to a tribe or tribal program, the commissioner shall consult with the affected 
208.16 	county or counties to determine an appropriate adjustment to the allocation.
208.17 	(d) Effective January 1, 2005, counties and tribes will have their final allocations 
208.18 	adjusted based on the performance provisions of subdivision 7.

208.19 	Sec. 26. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 7, 
208.20 	is amended to read:
208.21 		Subd. 7.Performance base funds. (a) For the purpose of this section, the following 
208.22 	terms have the meanings given.
208.23 	(1) "Caseload Reduction Credit" (CRC) means the measure of how much Minnesota 
208.24 	TANF and separate state program caseload has fallen relative to federal fiscal year 2005 
208.25 	based on caseload data from October 1 to September 30.
208.26 	(2) "TANF participation rate target" means a 50 percent participation rate reduced by 
208.27 	the CRC for the previous year.
208.28 	(b) (a) Each county and tribe will must be allocated 95 percent of their initial 
208.29 	calendar year allocation. Counties and tribes will must be allocated additional funds 
208.30 	based on performance as follows:
208.31 	(1) a county or tribe that achieves the TANF participation rate target or a five 
208.32 	percentage point improvement over the previous year's TANF participation rate under 
208.33 	section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive months for 
208.34 	the most recent year for which the measurements are available, will receive an additional 
208.35 	allocation equal to 2.5 percent of its initial allocation;
209.1 	(2) (1) a county or tribe that performs within or above its range of expected 
209.2 	performance on the annualized three-year self-support index under section 256J.751, 
209.3 	subdivision 2, clause (6), will must receive an additional allocation equal to 2.5 five
209.4 	 percent of its initial allocation; and
209.5 	(3) a county or tribe that does not achieve the TANF participation rate target or 
209.6 	a five percentage point improvement over the previous year's TANF participation rate 
209.7 	under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive 
209.8 	months for the most recent year for which the measurements are available, will not 
209.9 	receive an additional 2.5 percent of its initial allocation until after negotiating a multiyear 
209.10 	improvement plan with the commissioner; or
209.11 	(4) (2) a county or tribe that does not perform within or above its range of expected 
209.12 	performance on the annualized three-year self-support index under section 256J.751, 
209.13 	subdivision 2, clause (6), will must not receive an additional allocation equal to 2.5 five
209.14 	 percent of its initial allocation until after negotiating a multiyear improvement plan with 
209.15 	the commissioner.
209.16 	(c) (b) For calendar year 2009 2014 and yearly thereafter, performance-based funds 
209.17 	for a federally approved tribal TANF program in which the state and tribe have in place a 
209.18 	contract under section 256.01, addressing consolidated funding, will must be allocated 
209.19 	as follows:
209.20 	(1) a tribe that achieves the participation rate approved in its federal TANF plan 
209.21 	using the average of 12 consecutive months for the most recent year for which the 
209.22 	measurements are available, will receive an additional allocation equal to 2.5 percent of 
209.23 	its initial allocation; and
209.24 	(2) (1) a tribe that performs within or above its range of expected performance on the 
209.25 	annualized three-year self-support index under section 256J.751, subdivision 2, clause (6), 
209.26 	will must receive an additional allocation equal to 2.5 five percent of its initial allocation; or
209.27 	(3) a tribe that does not achieve the participation rate approved in its federal TANF 
209.28 	plan using the average of 12 consecutive months for the most recent year for which the 
209.29 	measurements are available, will not receive an additional allocation equal to 2.5 percent 
209.30 	of its initial allocation until after negotiating a multiyear improvement plan with the 
209.31 	commissioner; or
209.32 	(4) (2) a tribe that does not perform within or above its range of expected 
209.33 	performance on the annualized three-year self-support index under section 256J.751, 
209.34 	subdivision 2, clause (6), will must not receive an additional allocation equal to 2.5 five
209.35 	 percent until after negotiating a multiyear improvement plan with the commissioner.
210.1 	(d) (c) Funds remaining unallocated after the performance-based allocations in 
210.2 	paragraph paragraphs (a) and (b) are available to the commissioner for innovation projects 
210.3 	under subdivision 5.
210.4 	 (1) If available funds are insufficient to meet county and tribal allocations under 
210.5 	paragraph paragraphs (a) and (b), the commissioner may make available for allocation 
210.6 	funds that are unobligated and available from the innovation projects through the end 
210.7 	of the current biennium.
210.8 	(2) If after the application of clause (1) funds remain insufficient to meet county and 
210.9 	tribal allocations under paragraph (b), the commissioner must proportionally reduce the 
210.10 	allocation of each county and tribe with respect to their maximum allocation available 
210.11 	under paragraph (a) or (b).

210.12 	Sec. 27. Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read:
210.13 		Subd. 8.Reporting requirement and reimbursement. (a) The commissioner shall 
210.14 	specify requirements for reporting according to section 256.01, subdivision 2, clause (17). 
210.15 	Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its 
210.16 	allocation and subject to availability of funds.
210.17 	(b) Reimbursements for county administrative-related expenditures determined 
210.18 	through the income maintenance random moment time study shall be reimbursed at a 
210.19 	rate of 50 percent of eligible expenditures.
210.20 	(c) The commissioner of human services shall review county and tribal agency 
210.21 	expenditures of the MFIP consolidated fund as appropriate and may reallocate 
210.22 	unencumbered or unexpended money appropriated under this section to those county and 
210.23 	tribal agencies that can demonstrate a need for additional money as follows:.
210.24 	(1) to the extent that particular county or tribal allocations are reduced from the 
210.25 	previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4) 
210.26 	to (6), those tribes or counties would have first priority for reallocated funds; and
210.27 	(2) To the extent that unexpended funds are insufficient to cover demonstrated need, 
210.28 	funds will must be prorated to those counties and tribes in relation to demonstrated need.

210.29 	Sec. 28. Minnesota Statutes 2012, section 256J.67, is amended to read:
210.30 	256J.67 COMMUNITY WORK EXPERIENCE.
210.31 		Subdivision 1.Establishing the community work experience program. To the 
210.32 	extent of available resources, each county agency may establish and operate a community 
210.33 	work experience component for MFIP caregivers who are participating in employment and 
210.34 	training services. This option for county agencies supersedes the requirement in section 
211.1 	402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance 
211.2 	for two months and who are not exempt from work requirements must participate in a 
211.3 	work experience program. The purpose of the community work experience component is 
211.4 	to enhance the caregiver's employability and self-sufficiency and to provide meaningful, 
211.5 	productive work activities. The county shall use this program for an individual after 
211.6 	exhausting all other employment opportunities. The county agency shall not require a 
211.7 	caregiver to participate in the community work experience program unless the caregiver 
211.8 	has been given an opportunity to participate in other work activities.
211.9 		Subd. 2.Commissioner's duties. The commissioner shall assist counties in the 
211.10 	design and implementation of these components.
211.11 		Subd. 3.Employment options. (a) Work sites developed under this section are 
211.12 	limited to projects that serve a useful public service such as: health, social service, 
211.13 	environmental protection, education, urban and rural development and redevelopment, 
211.14 	welfare, recreation, public facilities, public safety, community service, services to aged 
211.15 	or disabled citizens, and child care. To the extent possible, the prior training, skills, and 
211.16 	experience of a caregiver must be considered in making appropriate work experience 
211.17 	assignments.
211.18 	(b) Structured, supervised volunteer uncompensated work with an agency or 
211.19 	organization, which is monitored by the county service provider, may, with the approval 
211.20 	of the county agency, be used as a community work experience placement.
211.21 	(c) As a condition of placing a caregiver in a program under this section, the county 
211.22 	agency shall first provide the caregiver the opportunity:
211.23 	(1) for placement in suitable subsidized or unsubsidized employment through 
211.24 	participation in a job search; or
211.25 	(2) for placement in suitable employment through participation in on-the-job 
211.26 	training, if such employment is available.
211.27 		Subd. 4.Employment plan. (a) The caretaker's employment plan must include 
211.28 	the length of time needed in the community work experience program, the need to 
211.29 	continue job-seeking activities while participating in community work experience, and 
211.30 	the caregiver's employment goals.
211.31 	(b) After each six months of a caregiver's participation in a community work 
211.32 	experience job placement, and at the conclusion of each community work experience 
211.33 	assignment under this section, the county agency shall reassess and revise, as appropriate, 
211.34 	the caregiver's employment plan.
211.35 	(c) A caregiver may claim good cause under section 256J.57, subdivision 1, for 
211.36 	failure to cooperate with a community work experience job placement.
212.1 	(d) The county agency shall limit the maximum number of hours any participant may 
212.2 	work under this section to the amount of the MFIP standard of need divided by the federal 
212.3 	or applicable state minimum wage, whichever is higher. After a participant has been 
212.4 	assigned to a position for nine months, the participant may not continue in that assignment 
212.5 	unless the maximum number of hours a participant works is no greater than the amount of 
212.6 	the MFIP standard of need divided by the rate of pay for individuals employed in the same 
212.7 	or similar occupations by the same employer at the same site. This limit does not apply if 
212.8 	it would prevent a participant from counting toward the federal work participation rate.

212.9 	Sec. 29. Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read:
212.10 		Subdivision 1.Applicability. (a) This section must be used to determine payment 
212.11 	of any claims resulting from an alleged injury or death of a person participating in a 
212.12 	county or a tribal community uncompensated work experience program under section 
212.13 	256J.49, subdivision 13, paragraph (a), clause (3), that is approved by the commissioner 
212.14 	and is operated by:
212.15 	(1) the county agency;
212.16 	(2) the tribe;
212.17 	(3) a department of the state agency; or
212.18 	(4) a community-based organization under contract, prior to April 1, 1997, with 
212.19 	a tribe or county agency to provide a community an uncompensated work experience 
212.20 	program or a food stamp community work experience employment and training program, 
212.21 	provided the organization has not experienced any individual injury loss or claim greater 
212.22 	than $1,000 under section 256D.051.
212.23 	(b) This determination method is available to the community-based organization 
212.24 	under paragraph (a), clause (4), only for claims incurred by participants in the community 
212.25 	work experience program or the food stamp community work experience program.
212.26 	(c) (b) This determination method section applies to the community work experience 
212.27 	program under section 256J.67, the Supplemental Nutrition Assistance Program 
212.28 	uncompensated work experience programs authorized, and other uncompensated work 
212.29 	programs approved by the commissioner for persons applying for or receiving cash 
212.30 	assistance and food stamps, and to the Minnesota parent's fair share program, in a 
212.31 	county with an approved community investment program for obligors. Uncompensated 
212.32 	work experience programs are considered to be approved by the commissioner if they 
212.33 	are included in an approved tribal or county biennial service agreement under section 
212.34 	256J.626, subdivision 4.

213.1 	Sec. 30. Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read:
213.2 		Subd. 2.Investigation of the claim. Claims that are subject to this section 
213.3 	must be investigated by the county agency or the tribal program tribe responsible for 
213.4 	supervising the placing a participant in an uncompensated work experience program to 
213.5 	determine whether the claimed injury occurred, whether the claimed medical expenses 
213.6 	are reasonable, and whether the loss is covered by the claimant's insurance. If insurance 
213.7 	coverage is established, the county agency or tribal program tribe shall submit the claim to 
213.8 	the appropriate insurance entity for payment. The investigating county agency or tribal 
213.9 	program tribe shall submit all valid remaining claims, in the amount net of any insurance 
213.10 	payments, to the Department of Human Services.

213.11 	Sec. 31. Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read:
213.12 		Subd. 4.Claims less than $1,000. The commissioner shall approve a claim of 
213.13 	$1,000 or less for payment if appropriated funds are available, if the county agency 
213.14 	or tribal program tribe responsible for supervising the placing a participant in an 
213.15 	uncompensated work experience program has made the determinations required by this 
213.16 	section, and if the work program was operated in compliance with the safety provisions 
213.17 	of this section. The commissioner shall pay the portion of an approved claim of $1,000 
213.18 	or less that is not covered by the claimant's insurance within three months of the date 
213.19 	of submission. On or before February 1 of each year, the commissioner shall submit 
213.20 	to the appropriate committees of the senate and the house of representatives a list of 
213.21 	claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed 
213.22 	by legislative appropriation for any claims that exceed the original appropriation 
213.23 	provided to the commissioner to operate this program the injury protection program for 
213.24 	uncompensated work experience participants. Any unspent money from this appropriation 
213.25 	shall carry over to the second year of the biennium, and any unspent money remaining at 
213.26 	the end of the second year shall be returned to the state general fund.

213.27 	Sec. 32. Minnesota Statutes 2012, section 256J.68, subdivision 7, is amended to read:
213.28 		Subd. 7.Exclusive procedure. The procedure procedures established by this 
213.29 	section is apply to uncompensated work experience programs under subdivision 1 and are
213.30 	 exclusive of all other legal, equitable, and statutory remedies against the state, its political 
213.31 	subdivisions, or employees of the state or its political subdivisions under section 13.02, 
213.32 	subdivision 11. The claimant shall not be entitled to seek damages from any state, county, 
213.33 	tribal, or reservation insurance policy or self-insurance program. A provider who accepts 
214.1 	or agrees to accept an injury protection program payment for services provided to an 
214.2 	individual must not require any payment from the individual.

214.3 	Sec. 33. Minnesota Statutes 2012, section 256J.68, subdivision 8, is amended to read:
214.4 		Subd. 8.Invalid claims. A claim is not valid invalid for purposes of this section 
214.5 	if the county agency or tribe responsible for supervising the work placing a participant
214.6 	 cannot verify to the commissioner:
214.7 	(1) that appropriate safety training and information is provided to all persons being 
214.8 	supervised by the agency uncompensated work experience site under this section; and
214.9 	(2) that all programs involving work by those persons under subdivision 1 comply 
214.10 	with federal Occupational Safety and Health Administration and state Department of 
214.11 	Labor and Industry safety standards. A claim that is not valid because of An invalid claim 
214.12 	due to a failure to verify safety training or compliance with safety standards will not be 
214.13 	paid by the Department of Human Services or through the legislative claims process and 
214.14 	must be heard, decided, and paid, if appropriate, by the local government unit county 
214.15 	agency or tribal program tribe responsible for supervising the work of placing the claimant.

214.16 	Sec. 34. Minnesota Statutes 2012, section 256J.751, subdivision 2, is amended to read:
214.17 		Subd. 2.Quarterly comparison report. (a) The commissioner shall report 
214.18 	quarterly to all counties on each county's performance on the following measures:
214.19 	(1) percent of MFIP caseload working in paid employment;
214.20 	(2) percent of MFIP caseload receiving only the food portion of assistance;
214.21 	(3) number of MFIP cases that have left assistance;
214.22 	(4) median placement wage rate;
214.23 	(5) caseload by months of TANF assistance;
214.24 	(6) percent of MFIP and diversionary work program (DWP) cases off cash assistance 
214.25 	or working 30 or more hours per week at one-year, two-year, and three-year follow-up 
214.26 	points from a baseline quarter. This measure is called the self-support index. The 
214.27 	commissioner shall report quarterly an expected range of performance for each county, 
214.28 	county grouping, and tribe on the self-support index. The expected range shall be derived 
214.29 	by a statistical methodology developed by the commissioner in consultation with the 
214.30 	counties and tribes. The statistical methodology shall control differences across counties 
214.31 	in economic conditions and demographics of the MFIP and DWP case load; and
214.32 	(7) the TANF work participation rate, defined as the participation requirements 
214.33 	specified under Public Law 109-171, the Deficit Reduction Act of 2005.
215.1 	(b) The commissioner shall not apply the limits on vocational educational training and 
215.2 	education activities under Code of Federal Regulations, title 45, section 261.33(c), when 
215.3 	determining TANF work participation rates for individual counties under this subdivision.

215.4 	Sec. 35. Minnesota Statutes 2012, section 256K.26, subdivision 4, is amended to read:
215.5 		Subd. 4.County Eligibility. Counties and tribes are eligible for funding under 
215.6 	this section. Priority will be given to proposals submitted on behalf of multicounty and 
215.7 	tribal partnerships.

215.8 	Sec. 36. [260D.12] TRIAL HOME VISITS; VOLUNTARY FOSTER CARE FOR 
215.9 	TREATMENT.
215.10 	When a child is in foster care for treatment under this chapter, the child's parent 
215.11 	and the responsible social services agency may agree that the child is returned to the 
215.12 	care of the parent on a trial home visit. The purpose of the trial home visit is to provide 
215.13 	sufficient planning for supports and services to the child and family to meet the child's 
215.14 	needs following treatment so that the child can return to and remain in the parent's home. 
215.15 	During the period of the trial home visit, the agency has placement and care responsibility 
215.16 	for the child. The trial home visit shall not exceed six months and may be terminated by 
215.17 	either the parent or the agency within ten days' written notice.

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

215.19 	Sec. 37. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 7, is 
215.20 	amended to read:
215.21 		Subd. 7.Report; information provided to parent. (a) An oral report shall be made 
215.22 	immediately by telephone or otherwise. An oral report made by a person required under 
215.23 	subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and 
215.24 	holidays, by a report in writing to the appropriate police department, the county sheriff, the 
215.25 	agency responsible for assessing or investigating the report, or the local welfare agency, 
215.26 	unless the appropriate agency has informed the reporter that the oral information does not 
215.27 	constitute a report under subdivision 10. The local welfare agency shall determine if the 
215.28 	report is accepted for an assessment or investigation as soon as possible but in no event 
215.29 	longer than 24 hours after the report is received. 
215.30 	(b) Any report shall be of sufficient content to identify the child, any person believed 
215.31 	to be responsible for the abuse or neglect of the child if the person is known, the nature 
215.32 	and extent of the abuse or neglect and the name and address of the reporter. If requested, 
215.33 	the local welfare agency or the agency responsible for assessing or investigating the report 
216.1 	shall inform the reporter within ten days after the report is made, either orally or in writing, 
216.2 	whether the report was accepted for assessment or investigation. The local welfare agency 
216.3 	or agency responsible for assessing or investigating the report shall accept a report made 
216.4 	under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or 
216.5 	address as long as the report is otherwise sufficient under this paragraph. Written reports 
216.6 	received by a police department or the county sheriff shall be forwarded immediately to 
216.7 	the local welfare agency or the agency responsible for assessing or investigating the 
216.8 	report. The police department or the county sheriff may keep copies of reports received 
216.9 	by them. Copies of written reports received by a local welfare department or the agency 
216.10 	responsible for assessing or investigating the report shall be forwarded immediately to the 
216.11 	local police department or the county sheriff.
216.12 	(c) When requested, the agency responsible for assessing or investigating a report 
216.13 	shall inform the reporter within ten days after the report was made, either orally or in 
216.14 	writing, whether the report was accepted or not. If the responsible agency determines the 
216.15 	report does not constitute a report under this section, the agency shall advise the reporter 
216.16 	the report was screened out. A screened-out report must not be used for any purpose other 
216.17 	than making an offer of social services to the subjects of the screened-out report.
216.18 	(b) (d) Notwithstanding paragraph (a), the commissioner of education must inform 
216.19 	the parent, guardian, or legal custodian of the child who is the subject of a report of 
216.20 	alleged maltreatment in a school facility within ten days of receiving the report, either 
216.21 	orally or in writing, whether the commissioner is assessing or investigating the report 
216.22 	of alleged maltreatment.
216.23 	(c) (e) Regardless of whether a report is made under this subdivision, as soon as 
216.24 	practicable after a school receives information regarding an incident that may constitute 
216.25 	maltreatment of a child in a school facility, the school shall inform the parent, legal 
216.26 	guardian, or custodian of the child that an incident has occurred that may constitute 
216.27 	maltreatment of the child, when the incident occurred, and the nature of the conduct 
216.28 	that may constitute maltreatment.
216.29 	(d) (f) A written copy of a report maintained by personnel of agencies, other than 
216.30 	welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. 
216.31 	An individual subject of the report may obtain access to the original report as provided 
216.32 	by subdivision 11.

216.33 	Sec. 38. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
216.34 		Subd. 11c.Welfare, court services agency, and school records maintained.
 216.35 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
217.1 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
217.2 	investigating the report, court services agencies, or schools under this section shall be 
217.3 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
217.4 	(a) For family assessment cases and cases where an investigation results in no 
217.5 	determination of maltreatment or the need for child protective services, the assessment or 
217.6 	investigation records must be maintained for a period of four years after the date of the final 
217.7 	entry in the case record. Records under this paragraph may not be used for employment, 
217.8 	background checks, or purposes other than to assist in future risk and safety assessments.
217.9 	(b) All records relating to reports which, upon investigation, indicate either 
217.10 	maltreatment or a need for child protective services shall be maintained for at least ten 
217.11 	years after the date of the final entry in the case record.
217.12 	(c) All records regarding a report of maltreatment, including any notification of intent 
217.13 	to interview which was received by a school under subdivision 10, paragraph (d), shall be 
217.14 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
217.15 	investigation. The agency shall order the destruction of the notification when other records 
217.16 	relating to the report under investigation or assessment are destroyed under this subdivision.
217.17 	(d) Private or confidential data released to a court services agency under subdivision 
217.18 	10h must be destroyed by the court services agency when ordered to do so by the local 
217.19 	welfare agency that released the data. The local welfare agency or agency responsible for 
217.20 	assessing or investigating the report shall order destruction of the data when other records 
217.21 	relating to the assessment or investigation are destroyed under this subdivision.

217.22 	Sec. 39. Minnesota Statutes 2012, section 626.5561, subdivision 1, is amended to read:
217.23 		Subdivision 1.Reports required. (a) Except as provided in paragraph (b), a person 
217.24 	mandated to report under section 626.556, subdivision 3, shall immediately report to the 
217.25 	local welfare agency if the person knows or has reason to believe that a woman is pregnant 
217.26 	and has used a controlled substance for a nonmedical purpose during the pregnancy, 
217.27 	including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages 
217.28 	during the pregnancy in any way that is habitual or excessive.
217.29 	(b) A health care professional or a social service professional who is mandated to 
217.30 	report under section 626.556, subdivision 3, is exempt from reporting under paragraph 
217.31 	(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages 
217.32 	during pregnancy if the professional is providing the woman with prenatal care or other 
217.33 	healthcare services.
217.34 	(c) Any person may make a voluntary report if the person knows or has reason to 
217.35 	believe that a woman is pregnant and has used a controlled substance for a nonmedical 
218.1 	purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or 
218.2 	has consumed alcoholic beverages during the pregnancy in any way that is habitual or 
218.3 	excessive.
218.4 	(d) An oral report shall be made immediately by telephone or otherwise. An oral 
218.5 	report made by a person required to report shall be followed within 72 hours, exclusive 
218.6 	of weekends and holidays, by a report in writing to the local welfare agency. Any report 
218.7 	shall be of sufficient content to identify the pregnant woman, the nature and extent of the 
218.8 	use, if known, and the name and address of the reporter. The local welfare agency shall 
218.9 	accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter 
218.10 	to provide the reporter's name or address as long as the report is otherwise sufficient.
218.11 	(d) (e) For purposes of this section, "prenatal care" means the comprehensive 
218.12 	package of medical and psychological support provided throughout the pregnancy.