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 child care and 
1.9 	juvenile safety and placement; regulating the sale and use of tobacco-related and 
1.10 	electronic delivery devices; modifying requirements for local boards of health; 
1.11 	making changes to provisions governing the Board of Pharmacy; modifying 
1.12 	home and community-based services standards; revising the Minnesota family 
1.13 	investment program; establishing and modifying task forces and advisory 
1.14 	councils; making changes to grant programs; modifying certain penalty fees; 
1.15 	requiring studies and reports; authorizing rulemaking; appropriating money;
1.16 	amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497, 
1.17 	subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.414, 
1.18 	subdivisions 2, 3, by adding a subdivision; 144.4165; 144D.065; 145.928, by 
1.19 	adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions; 
1.20 	145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended; 
1.21 	145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions; 
1.22 	145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 
1.23 	146A.01, subdivision 6; 148.01, subdivisions 1, 2, by adding a subdivision; 
1.24 	148.105, subdivision 1; 148.261, subdivision 4, by adding a subdivision; 
1.25 	148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1; 
1.26 	148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision 
1.27 	1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding 
1.28 	a subdivision; 148.7814; 148.995, subdivision 2; 148.996, subdivision 2; 
1.29 	148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, 
1.30 	subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, 
1.31 	subdivisions 3, 8, 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.361, 
1.32 	subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 152.126, 
1.33 	as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.09, 
1.34 	subdivision 3; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 
1.35 	214.29; 214.31; 214.32, by adding a subdivision; 214.33, subdivision 3, by 
1.36 	adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a; 
1.37 	245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding 
1.38 	a subdivision; 254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659, 
1.39 	subdivisions 11, 28; 256B.493, subdivision 1; 256B.5016, subdivision 1; 
2.1 	256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 
2.2 	256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by 
2.3 	adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, 
2.4 	subdivisions 1a, 2a; 256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, 
2.5 	subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, 
2.6 	subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, 
2.7 	subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, 
2.8 	subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.212, 
2.9 	subdivision 2; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05; 
2.10 	325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855; 
2.11 	626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013 
2.12 	Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2; 
2.13 	144.494, subdivision 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 
2.14 	3, by adding subdivisions; 144A.4799, subdivision 3; 145A.06, subdivision 7; 
2.15 	146A.11, subdivision 1; 151.252, by adding a subdivision; 152.02, subdivision 
2.16 	2; 245A.1435; 245A.50, subdivision 5; 245D.071, subdivisions 1, 4; 245D.09, 
2.17 	subdivisions 4, 4a, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, 
2.18 	subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 
2.19 	256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85, 
2.20 	subdivision 12; 256D.44, subdivision 5; 256J.21, subdivision 2; 256J.24, 
2.21 	subdivision 3; 256J.621, subdivision 1; 256J.626, subdivision 6; 260.835, 
2.22 	subdivision 2; 364.09; 626.556, subdivision 7; 626.557, subdivision 9; Laws 
2.23 	2011, First Special Session chapter 9, article 7, section 7; article 9, section 17; 
2.24 	Laws 2013, chapter 108, article 7, section 60; 2014 H.F. No. 2950, article 1, 
2.25 	section 12, if enacted; proposing coding for new law in Minnesota Statutes, 
2.26 	chapters 144; 144D; 145; 146A; 150A; 151; 214; 245A; 260D; 325H; 403; 461; 
2.27 	repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, 
2.28 	subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 
2.29 	1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 
2.30 	148.7808, subdivision 2; 148.7813; 256.01, subdivision 32; 325H.06; 325H.08; 
2.31 	Minnesota Statutes 2013 Supplement, section 148.6440; Minnesota Rules, parts 
2.32 	2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, subpart 3; 
2.33 	9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 9505.5315; 
2.34 	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 FAMILIES

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.212, subdivision 2, is amended to read:
6.2 		Subd. 2.Placement decisions based on best interests of the child. (a) The 
6.3 	policy of the state of Minnesota is to ensure that the child's best interests are met by 
6.4 	requiring an individualized determination of the needs of the child and of how the selected 
6.5 	placement will serve the needs of the child being placed. The authorized child-placing 
6.6 	agency shall place a child, released by court order or by voluntary release by the parent 
6.7 	or parents, in a family foster home selected by considering placement with relatives and 
6.8 	important friends in the following order:
6.9 	(1) with an individual who is related to the child by blood, marriage, or adoption; or
6.10 	(2) with an individual who is an important friend with whom the child has resided or 
6.11 	had significant contact.
6.12 	(b) Among the factors the agency shall consider in determining the needs of the 
6.13 	child are the following:
6.14 	(1) the child's current functioning and behaviors;
6.15 	(2) the medical needs of the child;
6.16 	(3) the educational needs of the child;
6.17 	(4) the developmental needs of the child;
6.18 	(5) the child's history and past experience;
6.19 	(6) the child's religious and cultural needs;
6.20 	(7) the child's connection with a community, school, and faith community;
6.21 	(8) the child's interests and talents;
6.22 	(9) the child's relationship to current caretakers, parents, siblings, and relatives; and
6.23 	(10) the reasonable preference of the child, if the court, or the child-placing agency 
6.24 	in the case of a voluntary placement, deems the child to be of sufficient age to express 
6.25 	preferences.
6.26 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
6.27 	origin of the foster parent or the child.
6.28 	(d) Siblings should be placed together for foster care and adoption at the earliest 
6.29 	possible time unless it is documented that a joint placement would be contrary to the 
6.30 	safety or well-being of any of the siblings or unless it is not possible after reasonable 
6.31 	efforts by the responsible social services agency. In cases where siblings cannot be placed 
6.32 	together, the agency is required to provide frequent visitation or other ongoing interaction 
6.33 	between siblings unless the agency documents that the interaction would be contrary to 
6.34 	the safety or well-being of any of the siblings.
6.35 	(e) Except for emergency placement as provided for in section 245A.035, the 
6.36 	following requirements must be satisfied before the approval of a foster or adoptive 
7.1 	placement in a related or unrelated home: (1) a completed background study is required
7.2 	 under section 245C.08before the approval of a foster placement in a related or unrelated 
7.3 	home; and (2) a completed review of the written home study required under section 
7.4 	260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective 
7.5 	foster or adoptive parent to ensure the placement will meet the needs of the individual child.

7.6 	Sec. 7. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
7.7 		Subd. 4.Duties of commissioner. The commissioner of human services shall:
7.8 	(1) provide practice guidance to responsible social services agencies and child-placing 
7.9 	agencies that reflect federal and state laws and policy direction on placement of children;
7.10 	(2) develop criteria for determining whether a prospective adoptive or foster family 
7.11 	has the ability to understand and validate the child's cultural background;
7.12 	(3) provide a standardized training curriculum for adoption and foster care workers 
7.13 	and administrators who work with children. Training must address the following objectives:
7.14 	(i) developing and maintaining sensitivity to all cultures;
7.15 	(ii) assessing values and their cultural implications;
7.16 	(iii) making individualized placement decisions that advance the best interests of a 
7.17 	particular child under section 260C.212, subdivision 2; and
7.18 	(iv) issues related to cross-cultural placement;
7.19 	(4) provide a training curriculum for all prospective adoptive and foster families that 
7.20 	prepares them to care for the needs of adoptive and foster children taking into consideration 
7.21 	the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
7.22 	(5) develop and provide to agencies a home study format to assess the capacities 
7.23 	and needs of prospective adoptive and foster families. The format must address 
7.24 	problem-solving skills; parenting skills; evaluate the degree to which the prospective 
7.25 	family has the ability to understand and validate the child's cultural background, and other 
7.26 	issues needed to provide sufficient information for agencies to make an individualized 
7.27 	placement decision consistent with section 260C.212, subdivision 2. For a study of a 
7.28 	prospective foster parent, the format must also address the capacity of the prospective 
7.29 	foster parent to provide a safe, healthy, smoke-free home environment. If a prospective 
7.30 	adoptive parent has also been a foster parent, any update necessary to a home study for 
7.31 	the purpose of adoption may be completed by the licensing authority responsible for the 
7.32 	foster parent's license. If a prospective adoptive parent with an approved adoptive home 
7.33 	study also applies for a foster care license, the license application may be made with the 
7.34 	same agency which provided the adoptive home study; and
8.1 	(6) consult with representatives reflecting diverse populations from the councils 
8.2 	established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 
8.3 	community organizations.

8.4 	Sec. 8. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
8.5 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
8.6 	agency must:
8.7 	(1) develop and follow procedures for implementing the requirements of section 
8.8 	260C.212, subdivision 2, and the Indian Child Welfare Act, United States Code, title 
8.9 	25, sections 1901 to 1923;
8.10 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
8.11 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
8.12 	The plan must include:
8.13 	(i) strategies for using existing resources in diverse communities;
8.14 	(ii) use of diverse outreach staff wherever possible;
8.15 	(iii) use of diverse foster homes for placements after birth and before adoption; and
8.16 	(iv) other techniques as appropriate;
8.17 	(3) have a written plan for training adoptive and foster families;
8.18 	(4) have a written plan for employing staff in adoption and foster care who have 
8.19 	the capacity to assess the foster and adoptive parents' ability to understand and validate a 
8.20 	child's cultural and meet the child's individual needs, and to advance the best interests of 
8.21 	the child, as required in section 260C.212, subdivision 2. The plan must include staffing 
8.22 	goals and objectives;
8.23 	(5) ensure that adoption and foster care workers attend training offered or approved 
8.24 	by the Department of Human Services regarding cultural diversity and the needs of special 
8.25 	needs children; and
8.26 	(6) develop and implement procedures for implementing the requirements of the 
8.27 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
8.28 	(7) ensure that children in foster care are protected from the effects of secondhand 
8.29 	smoke and that licensed foster homes maintain a smoke-free environment in compliance 
8.30 	with subdivision 9.
8.31 	(b) In determining the suitability of a proposed placement of an Indian child, the 
8.32 	standards to be applied must be the prevailing social and cultural standards of the Indian 
8.33 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
8.34 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

9.1 	Sec. 9. Minnesota Statutes 2012, section 260C.215, is amended by adding a 
9.2 	subdivision to read:
9.3 		Subd. 9.Preventing exposure to secondhand smoke for children in foster care.
 9.4 	(a) A child in foster care shall not be exposed to any type of secondhand smoke in the 
9.5 	following settings:
9.6 	(1) a licensed foster home or any enclosed space connected to the home, including a 
9.7 	garage, porch, deck, or similar space; or
9.8 	(2) a motor vehicle while a foster child is transported.
9.9 	(b) Smoking in outdoor areas on the premises of the home is permitted, except when 
9.10 	a foster child is present and exposed to secondhand smoke.
9.11 	(c) The home study required in subdivision 4, clause (5), must include a plan to 
9.12 	maintain a smoke-free environment for foster children.
9.13 	(d) If a foster parent fails to provide a smoke-free environment for a foster child, the 
9.14 	child-placing agency must ask the foster parent to comply with a plan that includes training 
9.15 	on the health risks of exposure to secondhand smoke. If the agency determines that the 
9.16 	foster parent is unable to provide a smoke-free environment and that the home environment 
9.17 	constitutes a health risk to a foster child, the agency must reassess whether the placement 
9.18 	is based on the child's best interests consistent with section 260C.212, subdivision 2.
9.19 	(e) Nothing in this subdivision shall delay the placement of a child with a relative, 
9.20 	consistent with section 245A.035, unless the relative is unable to provide for the 
9.21 	immediate health needs of the individual child.
9.22 	(f) If a child's best interests would most effectively be served by placement in a home 
9.23 	which will not meet the requirements of paragraph (a), the failure to meet the requirements 
9.24 	of paragraph (a) shall not be a cause to deny placement in that home.
9.25 	(g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a 
9.26 	basis for denying placement pursuant to the provisions of the federal Indian Child Welfare 
9.27 	Act or Minnesota Indian Family Preservation Act.
9.28 	(h) Nothing in this subdivision shall be interpreted to interfere with traditional or 
9.29 	spiritual Native American or religious ceremonies involving the use of tobacco.

9.30 	Sec. 10. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
9.31 		Subd. 11c.Welfare, court services agency, and school records maintained.
 9.32 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
9.33 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
9.34 	investigating the report, court services agencies, or schools under this section shall be 
9.35 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
10.1 	(a) For family assessment cases and cases where an investigation results in no 
10.2 	determination of maltreatment or the need for child protective services, the assessment or 
10.3 	investigation records must be maintained for a period of four years. Records under this 
10.4 	paragraph may not be used for employment, background checks, or purposes other than to 
10.5 	assist in future risk and safety assessments.
10.6 	(b) All records relating to reports which, upon investigation, indicate either 
10.7 	maltreatment or a need for child protective services shall be maintained for at least ten 
10.8 	years after the date of the final entry in the case record.
10.9 	(c) All records regarding a report of maltreatment, including any notification of intent 
10.10 	to interview which was received by a school under subdivision 10, paragraph (d), shall be 
10.11 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
10.12 	investigation. The agency shall order the destruction of the notification when other records 
10.13 	relating to the report under investigation or assessment are destroyed under this subdivision.
10.14 	(d) Private or confidential data released to a court services agency under subdivision 
10.15 	10h must be destroyed by the court services agency when ordered to do so by the local 
10.16 	welfare agency that released the data. The local welfare agency or agency responsible for 
10.17 	assessing or investigating the report shall order destruction of the data when other records 
10.18 	relating to the assessment or investigation are destroyed under this subdivision.
10.19 	(e) For reports alleging child maltreatment that were not accepted for assessment 
10.20 	or investigation, counties shall maintain sufficient information to identify repeat reports 
10.21 	alleging maltreatment of the same child or children for 365 days from the date the report 
10.22 	was screened out. The commissioner of human services shall specify to the counties the 
10.23 	minimum information needed to accomplish this purpose. Counties shall enter this data 
10.24 	into the state social services information system.

10.25 	Sec. 11. 2014 H.F. No. 2950, article 1, section 12, if enacted, is amended to read:

10.26 	Sec. 12. REPEALER.
 10.27 	(a) Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision 
10.28 	2; 119B.23; 119B.231; 119B.232; 256.01, subdivisions 3, 14, and 14a; 256.9792; 
10.29 	256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b 
10.30 	and 5; 256I.07; 256K.35; 259.85, subdivisions 2, 3, 4, and 5; 518A.53, subdivision 7; 
10.31 	518A.74; and 626.5593, are repealed.
10.32 	(b) Minnesota Statutes 2012, section 256J.24, subdivision 10, is repealed effective 
10.33 	October 1, 2014.
10.34 	(c) Minnesota Statutes 2013 Supplement, section 259.85, subdivision 1, is repealed.

11.1 	Sec. 12. MINNESOTA TANF EXPENDITURES TASK FORCE.
 11.2 		Subdivision 1.Establishment. The Minnesota TANF Expenditures Task Force is 
11.3 	established to analyze past temporary assistance for needy families (TANF) expenditures 
11.4 	and make recommendations as to which, if any, programs currently receiving TANF 
11.5 	funding should be funded by the general fund so that a greater portion of TANF funds 
11.6 	can go directly to Minnesota families receiving assistance through the Minnesota family 
11.7 	investment program under Minnesota Statutes, chapter 256J.
11.8 		Subd. 2.Membership; meetings; staff. (a) The task force shall be composed of the 
11.9 	following members who serve at the pleasure of their appointing authority:
11.10 	(1) one representative of the Department of Human Services appointed by the 
11.11 	commissioner of human services;
11.12 	(2) one representative of the Department of Management and Budget appointed by 
11.13 	the commissioner of management and budget;
11.14 	(3) one representative of the Department of Health appointed by the commissioner 
11.15 	of health;
11.16 	(4) one representative of the Local Public Health Association of Minnesota;
11.17 	(5) two representatives of county government appointed by the Association of 
11.18 	Minnesota Counties, one representing counties in the seven-county metropolitan area 
11.19 	and one representing all other counties;
11.20 	(6) one representative of the Minnesota Legal Services Coalition;
11.21 	(7) one representative of the Children's Defense Fund of Minnesota;
11.22 	(8) one representative of the Minnesota Coalition for the Homeless;
11.23 	(9) one representative of the Welfare Rights Coalition;
11.24 	(10) two members of the house of representatives, one appointed by the speaker of 
11.25 	the house and one appointed by the minority leader; and
11.26 	(11) two members of the senate, including one member of the minority party, 
11.27 	appointed according to the rules of the senate.
11.28 	(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force 
11.29 	shall serve without compensation or reimbursement of expenses.
11.30 	(c) The commissioner of human services must convene the first meeting of the 
11.31 	Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at 
11.32 	least quarterly.
11.33 	(d) Staffing and technical assistance shall be provided within available resources by 
11.34 	the Department of Human Services, children and family services division.
11.35 		Subd. 3.Duties. (a) The task force must report on past expenditures of the TANF 
11.36 	block grant, including a determination of whether or not programs for which TANF funds 
12.1 	have been appropriated meet the purposes of the TANF program as defined under Code of 
12.2 	Federal Regulations, title 45, section 260.20, and make recommendations as to which, 
12.3 	if any, programs currently receiving TANF funds should be funded by the general fund. 
12.4 	In making recommendations on program funding sources, the task force shall consider 
12.5 	the following:
12.6 	(1) the original purpose of the TANF block grant under Code of Federal Regulations, 
12.7 	title 45, section 260.20;
12.8 	(2) potential overlap of the population eligible for the Minnesota family investment 
12.9 	program cash grant and the other programs currently receiving TANF funds;
12.10 	(3) the ability for TANF funds, as appropriated under current law, to effectively help 
12.11 	the lowest-income Minnesotans out of poverty;
12.12 	(4) the impact of past expenditures on families who may be eligible for assistance 
12.13 	through TANF;
12.14 	(5) the ability of TANF funds to support effective parenting and optimal brain 
12.15 	development in children under five years old; and
12.16 	(6) the role of noncash assistance expenditures in maintaining compliance with 
12.17 	federal law.
12.18 	(b) In preparing the recommendations under paragraph (a), the task force shall 
12.19 	consult with appropriate Department of Human Services information technology staff 
12.20 	regarding implementation of the recommendations.
12.21 		Subd. 4.Report. (a) The task force must submit an initial report by November 
12.22 	30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and 
12.23 	ranking minority members of the legislative committees with jurisdiction over health and 
12.24 	human services policy and finance.
12.25 	(b) The task force must submit a final report by February 1, 2015, analyzing past 
12.26 	TANF expenditures and making recommendations as to which programs, if any, currently 
12.27 	receiving TANF funding should be funded by the general fund, including any phase-in 
12.28 	period and draft legislation necessary for implementation, to the chairs and ranking 
12.29 	minority members of the legislative committees with jurisdiction over health and human 
12.30 	services policy and finance.
12.31 		Subd. 5.Expiration. This section expires March 1, 2015, or upon submission of the 
12.32 	final report required under subdivision 4, whichever is earlier.

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

13.1 	ARTICLE 2
13.2 	PROVISION OF HEALTH SERVICES

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

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

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

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

15.1 	Sec. 3. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter 
15.2 	113, article 3, section 3, is amended to read:
15.3 	152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC 
15.4 	REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
15.5 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in 
15.6 	this subdivision have the meanings given.
15.7 	(a) (b) "Board" means the Minnesota State Board of Pharmacy established under 
15.8 	chapter 151.
15.9 	(b) (c) "Controlled substances" means those substances listed in section 152.02, 
15.10 	subdivisions 3 to 5 6, and those substances defined by the board pursuant to section 
15.11 	152.02, subdivisions 7, 8, and 12. For the purposes of this section, controlled substances 
15.12 	includes tramadol and butalbital.
15.13 	(c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01, 
15.14 	subdivision 30. Dispensing does not include the direct administering of a controlled 
15.15 	substance to a patient by a licensed health care professional.
15.16 	(d) (e) "Dispenser" means a person authorized by law to dispense a controlled 
15.17 	substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does 
15.18 	not include a licensed hospital pharmacy that distributes controlled substances for inpatient 
15.19 	hospital care or a veterinarian who is dispensing prescriptions under section 156.18.
15.20 	(e) (f) "Prescriber" means a licensed health care professional who is authorized to 
15.21 	prescribe a controlled substance under section 152.12, subdivision 1 or 2.
15.22 	(f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.
15.23 		Subd. 1a.Treatment of intractable pain. This section is not intended to limit or 
15.24 	interfere with the legitimate prescribing of controlled substances for pain. No prescriber 
15.25 	shall be subject to disciplinary action by a health-related licensing board for prescribing a 
15.26 	controlled substance according to the provisions of section 152.125.
15.27 		Subd. 2.Prescription electronic reporting system. (a) The board shall establish 
15.28 	by January 1, 2010, an electronic system for reporting the information required under 
15.29 	subdivision 4 for all controlled substances dispensed within the state.
15.30 	(b) The board may contract with a vendor for the purpose of obtaining technical 
15.31 	assistance in the design, implementation, operation, and maintenance of the electronic 
15.32 	reporting system.
15.33 		Subd. 3.Prescription Electronic ReportingMonitoring Program Advisory 
15.34 	Committee Task Force. (a) The board shall convene shall appoint an advisory committee. 
15.35 	The committee must include task force consisting of at least one representative of:
15.36 	(1) the Department of Health;
16.1 	(2) the Department of Human Services;
16.2 	(3) each health-related licensing board that licenses prescribers;
16.3 	(4) a professional medical association, which may include an association of pain 
16.4 	management and chemical dependency specialists;
16.5 	(5) a professional pharmacy association;
16.6 	(6) a professional nursing association;
16.7 	(7) a professional dental association;
16.8 	(8) a consumer privacy or security advocate; and
16.9 	(9) a consumer or patient rights organization; and
16.10 	(10) an association of medical examiners and coroners.
16.11 	(b) The advisory committeetask force shall advise the board on the development and 
16.12 	operation of the electronic reporting system prescription monitoring program, including, 
16.13 	but not limited to:
16.14 	(1) technical standards for electronic prescription drug reporting;
16.15 	(2) proper analysis and interpretation of prescription monitoring data; and
16.16 	(3) an evaluation process for the program; and
16.17 	(4) criteria for the unsolicited provision of prescription monitoring data by the 
16.18 	board to prescribers and dispensers.
16.19 	(c) The task force is governed by section 15.059. Notwithstanding section 15.059, 
16.20 	subdivision 5, the task force shall not expire.
16.21 		Subd. 4.Reporting requirements; notice. (a) Each dispenser must submit the 
16.22 	following data to the board or its designated vendor, subject to the notice required under 
16.23 	paragraph (d):
16.24 	(1) name of the prescriber;
16.25 	(2) national provider identifier of the prescriber;
16.26 	(3) name of the dispenser;
16.27 	(4) national provider identifier of the dispenser;
16.28 	(5) prescription number;
16.29 	(6) name of the patient for whom the prescription was written;
16.30 	(7) address of the patient for whom the prescription was written;
16.31 	(8) date of birth of the patient for whom the prescription was written;
16.32 	(9) date the prescription was written;
16.33 	(10) date the prescription was filled;
16.34 	(11) name and strength of the controlled substance;
16.35 	(12) quantity of controlled substance prescribed;
16.36 	(13) quantity of controlled substance dispensed; and
17.1 	(14) number of days supply.
17.2 	(b) The dispenser must submit the required information by a procedure and in a 
17.3 	format established by the board. The board may allow dispensers to omit data listed in this 
17.4 	subdivision or may require the submission of data not listed in this subdivision provided 
17.5 	the omission or submission is necessary for the purpose of complying with the electronic 
17.6 	reporting or data transmission standards of the American Society for Automation in 
17.7 	Pharmacy, the National Council on Prescription Drug Programs, or other relevant national 
17.8 	standard-setting body.
17.9 	(c) A dispenser is not required to submit this data for those controlled substance 
17.10 	prescriptions dispensed for:
17.11 	(1) individuals residing in licensed skilled nursing or intermediate care facilities;
17.12 	(2) individuals receiving assisted living services under chapter 144G or through a 
17.13 	medical assistance home and community-based waiver;
17.14 	(3) individuals receiving medication intravenously;
17.15 	(4) individuals receiving hospice and other palliative or end-of-life care; and
17.16 	(5) individuals receiving services from a home care provider regulated under chapter 
17.17 	144A.
17.18 	(1) individuals residing in a health care facility as defined in section 151.58, 
17.19 	subdivision 2, paragraph (b), when a drug is distributed through the use of an automated 
17.20 	drug distribution system according to section 151.58; and
17.21 	(2) individuals receiving a drug sample that was packaged by a manufacturer and 
17.22 	provided to the dispenser for dispensing as a professional sample pursuant to Code of 
17.23 	Federal Regulations, title 21, part 203, subpart D.
17.24 	(d) A dispenser must not submit data under this subdivision unlessprovide to the 
17.25 	patient for whom the prescription was written a conspicuous notice of the reporting 
17.26 	requirements of this section is given to the patient for whom the prescription was written
17.27 	 and notice that the information may be used for program administration purposes.
17.28 		Subd. 5.Use of data by board. (a) The board shall develop and maintain a database 
17.29 	of the data reported under subdivision 4. The board shall maintain data that could identify 
17.30 	an individual prescriber or dispenser in encrypted form. Except as otherwise allowed 
17.31 	under subdivision 6, the database may be used by permissible users identified under 
17.32 	subdivision 6 for the identification of:
17.33 	(1) individuals receiving prescriptions for controlled substances from prescribers 
17.34 	who subsequently obtain controlled substances from dispensers in quantities or with a 
17.35 	frequency inconsistent with generally recognized standards of use for those controlled 
18.1 	substances, including standards accepted by national and international pain management 
18.2 	associations; and
18.3 	(2) individuals presenting forged or otherwise false or altered prescriptions for 
18.4 	controlled substances to dispensers.
18.5 	(b) No permissible user identified under subdivision 6 may access the database 
18.6 	for the sole purpose of identifying prescribers of controlled substances for unusual or 
18.7 	excessive prescribing patterns without a valid search warrant or court order.
18.8 	(c) No personnel of a state or federal occupational licensing board or agency may 
18.9 	access the database for the purpose of obtaining information to be used to initiate or 
18.10 	substantiate a disciplinary action against a prescriber.
18.11 	(d) Data reported under subdivision 4 shall be retained by the board in the database 
18.12 	for a 12-month period, and shall be removed from the database no later than 12 months 
18.13 	from the last day of the month during which the data was received. made available to 
18.14 	permissible users for a 12-month period beginning the day the data was received and 
18.15 	ending 12 months from the last day of the month in which the data was received, except 
18.16 	that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may 
18.17 	use all data collected under this section for the purposes of administering, operating, 
18.18 	and maintaining the prescription monitoring program and conducting trend analyses 
18.19 	and other studies necessary to evaluate the effectiveness of the program. Data retained 
18.20 	beyond 24 months must be de-identified.
18.21 	(e) The board shall not retain data reported under subdivision 4 for a period longer 
18.22 	than four years from the date the data was received.
18.23 		Subd. 6.Access to reporting system data. (a) Except as indicated in this 
18.24 	subdivision, the data submitted to the board under subdivision 4 is private data on 
18.25 	individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
18.26 	(b) Except as specified in subdivision 5, the following persons shall be considered 
18.27 	permissible users and may access the data submitted under subdivision 4 in the same or 
18.28 	similar manner, and for the same or similar purposes, as those persons who are authorized 
18.29 	to access similar private data on individuals under federal and state law:
18.30 	(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 
18.31 	delegated the task of accessing the data, to the extent the information relates specifically to 
18.32 	a current patient, to whom the prescriber is:
18.33 	(i) prescribing or considering prescribing any controlled substance;
18.34 	(ii) providing emergency medical treatment for which access to the data may be 
18.35 	necessary; or
19.1 	(iii) providing other medical treatment for which access to the data may be necessary 
19.2 	and the patient has consented to access to the submitted data, and with the provision that 
19.3 	the prescriber remains responsible for the use or misuse of data accessed by a delegated 
19.4 	agent or employee;
19.5 	(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 
19.6 	delegated the task of accessing the data, to the extent the information relates specifically 
19.7 	to a current patient to whom that dispenser is dispensing or considering dispensing any 
19.8 	controlled substance and with the provision that the dispenser remains responsible for the 
19.9 	use or misuse of data accessed by a delegated agent or employee;
19.10 	(3) a licensed pharmacist who is providing pharmaceutical care for which access 
19.11 	to the data may be necessary to the extent that the information relates specifically to a 
19.12 	current patient for whom the pharmacist is providing pharmaceutical care if the patient has 
19.13 	consented to access to the submitted data;
19.14 	(3) (4) an individual who is the recipient of a controlled substance prescription for 
19.15 	which data was submitted under subdivision 4, or a guardian of the individual, parent or 
19.16 	guardian of a minor, or health care agent of the individual acting under a health care 
19.17 	directive under chapter 145C;
19.18 	(4) (5) personnel of the board specifically assigned to conduct a bona fide 
19.19 	investigation of a specific licensee;
19.20 	(5) (6) personnel of the board engaged in the collection, review, and analysis
19.21 	 of controlled substance prescription information as part of the assigned duties and 
19.22 	responsibilities under this section;
19.23 	(6) (7) authorized personnel of a vendor under contract with the boardstate of 
19.24 	Minnesota who are engaged in the design, implementation, operation, and maintenance of 
19.25 	the electronic reporting systemprescription monitoring program as part of the assigned 
19.26 	duties and responsibilities of their employment, provided that access to data is limited to 
19.27 	the minimum amount necessary to carry out such duties and responsibilities, and subject 
19.28 	to the requirement of de-identification and time limit on retention of data specified in 
19.29 	subdivision 5, paragraphs (d) and (e);
19.30 	(7) (8) federal, state, and local law enforcement authorities acting pursuant to a 
19.31 	valid search warrant;
19.32 	(8) (9) personnel of the medical assistance programMinnesota health care programs 
19.33 	assigned to use the data collected under this section to identify and manage recipients 
19.34 	whose usage of controlled substances may warrant restriction to a single primary care 
19.35 	physician provider, a single outpatient pharmacy, or and a single hospital; and
20.1 	(9) (10) personnel of the Department of Human Services assigned to access the 
20.2 	data pursuant to paragraph (h); and
20.3 	(11) personnel of the health professionals services program established under section 
20.4 	214.31, to the extent that the information relates specifically to an individual who is 
20.5 	currently enrolled in and being monitored by the program, and the individual consents to 
20.6 	access to that information. The health professionals services program personnel shall not 
20.7 	provide this data to a health-related licensing board or the Emergency Medical Services 
20.8 	Regulatory Board, except as permitted under section 214.33, subdivision 3.
20.9 	For purposes of clause (3) (4), access by an individual includes persons in the 
20.10 	definition of an individual under section 13.02.
20.11 	(c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (3), (6), 
20.12 	(7), (9), and (10) may directly accesses access the data electronically,. If the data is directly 
20.13 	accessed electronically, the permissible user shall implement and maintain a comprehensive 
20.14 	information security program that contains administrative, technical, and physical 
20.15 	safeguards that are appropriate to the user's size and complexity, and the sensitivity of the 
20.16 	personal information obtained. The permissible user shall identify reasonably foreseeable 
20.17 	internal and external risks to the security, confidentiality, and integrity of personal 
20.18 	information that could result in the unauthorized disclosure, misuse, or other compromise 
20.19 	of the information and assess the sufficiency of any safeguards in place to control the risks.
20.20 	(d) The board shall not release data submitted under this sectionsubdivision 4 unless 
20.21 	it is provided with evidence, satisfactory to the board, that the person requesting the 
20.22 	information is entitled to receive the data.
20.23 	(e) The board shall not release the name of a prescriber without the written consent 
20.24 	of the prescriber or a valid search warrant or court order. The board shall provide a 
20.25 	mechanism for a prescriber to submit to the board a signed consent authorizing the release 
20.26 	of the prescriber's name when data containing the prescriber's name is requested.
20.27 	(f) (e) The board shall maintain a log of all persons who access the data for a period 
20.28 	of at least three years and shall ensure that any permissible user complies with paragraph 
20.29 	(c) prior to attaining direct access to the data.
20.30 	(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into 
20.31 	pursuant to subdivision 2. A vendor shall not use data collected under this section for 
20.32 	any purpose not specified in this section.
20.33 	(g) The board may participate in an interstate prescription monitoring program data 
20.34 	exchange system provided that permissible users in other states have access to the data 
20.35 	only as allowed under this section, and that section 13.05, subdivision 6, applies to any 
20.36 	contract or memorandum of understanding that the board enters into under this paragraph. 
21.1 	The board shall report to the chairs and ranking minority members of the senate and house 
21.2 	of representatives committees with jurisdiction over health and human services policy and 
21.3 	finance on the interstate prescription monitoring program by January 5, 2016.
21.4 	(h) With available appropriations, the commissioner of human services shall 
21.5 	establish and implement a system through which the Department of Human Services shall 
21.6 	routinely access the data for the purpose of determining whether any client enrolled in 
21.7 	an opioid treatment program licensed according to chapter 245A has been prescribed or 
21.8 	dispensed a controlled substance in addition to that administered or dispensed by the 
21.9 	opioid treatment program. When the commissioner determines there have been multiple 
21.10 	prescribers or multiple prescriptions of controlled substances, the commissioner shall:
21.11 	(1) inform the medical director of the opioid treatment program only that the 
21.12 	commissioner determined the existence of multiple prescribers or multiple prescriptions of 
21.13 	controlled substances; and
21.14 	(2) direct the medical director of the opioid treatment program to access the data 
21.15 	directly, review the effect of the multiple prescribers or multiple prescriptions, and 
21.16 	document the review.
21.17 	If determined necessary, the commissioner of human services shall seek a federal waiver 
21.18 	of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part 
21.19 	2.34, item (c), prior to implementing this paragraph.
21.20 	(i) The board shall review the data submitted under subdivision 4 on at least a 
21.21 	quarterly basis and shall establish criteria, in consultation with the advisory task force, 
21.22 	for referring information about a patient to prescribers and dispensers who prescribed or 
21.23 	dispensed the prescriptions in question if the criteria are met. The board shall report 
21.24 	to the chairs and ranking minority members of the senate and house of representatives 
21.25 	committees with jurisdiction over health and human services policy and finance on the 
21.26 	criteria established under this paragraph and the review process by January 5, 2016. This 
21.27 	paragraph expires August 1, 2016.
21.28 		Subd. 7.Disciplinary action. (a) A dispenser who knowingly fails to submit data to 
21.29 	the board as required under this section is subject to disciplinary action by the appropriate 
21.30 	health-related licensing board.
21.31 	(b) A prescriber or dispenser authorized to access the data who knowingly discloses 
21.32 	the data in violation of state or federal laws relating to the privacy of health care data 
21.33 	shall be subject to disciplinary action by the appropriate health-related licensing board, 
21.34 	and appropriate civil penalties.
21.35 		Subd. 8.Evaluation and reporting. (a) The board shall evaluate the prescription 
21.36 	electronic reporting system to determine if the system is negatively impacting appropriate 
22.1 	prescribing practices of controlled substances. The board may contract with a vendor to 
22.2 	design and conduct the evaluation.
22.3 	(b) The board shall submit the evaluation of the system to the legislature by July 
22.4 	15, 2011.
22.5 		Subd. 9.Immunity from liability; no requirement to obtain information. (a) A 
22.6 	pharmacist, prescriber, or other dispenser making a report to the program in good faith 
22.7 	under this section is immune from any civil, criminal, or administrative liability, which 
22.8 	might otherwise be incurred or imposed as a result of the report, or on the basis that the 
22.9 	pharmacist or prescriber did or did not seek or obtain or use information from the program.
22.10 	(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 
22.11 	to obtain information about a patient from the program, and the pharmacist, prescriber, 
22.12 	or other dispenser, if acting in good faith, is immune from any civil, criminal, or 
22.13 	administrative liability that might otherwise be incurred or imposed for requesting, 
22.14 	receiving, or using information from the program.
22.15 		Subd. 10.Funding. (a) The board may seek grants and private funds from nonprofit 
22.16 	charitable foundations, the federal government, and other sources to fund the enhancement 
22.17 	and ongoing operations of the prescription electronic reporting system monitoring 
22.18 	program established under this section. Any funds received shall be appropriated to the 
22.19 	board for this purpose. The board may not expend funds to enhance the program in a way 
22.20 	that conflicts with this section without seeking approval from the legislature.
22.21 	(b) Notwithstanding any other section, the administrative services unit for the 
22.22 	health-related licensing boards shall apportion between the Board of Medical Practice, the 
22.23 	Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of 
22.24 	Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to 
22.25 	be paid through fees by each respective board. The amount apportioned to each board 
22.26 	shall equal each board's share of the annual appropriation to the Board of Pharmacy 
22.27 	from the state government special revenue fund for operating the prescription electronic 
22.28 	reporting systemmonitoring program under this section. Each board's apportioned share 
22.29 	shall be based on the number of prescribers or dispensers that each board identified in 
22.30 	this paragraph licenses as a percentage of the total number of prescribers and dispensers 
22.31 	licensed collectively by these boards. Each respective board may adjust the fees that the 
22.32 	boards are required to collect to compensate for the amount apportioned to each board by 
22.33 	the administrative services unit.

22.34 	Sec. 4. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM 
22.35 	DATABASE.
 23.1 	(a) The Board of Pharmacy, in collaboration with the Prescription Monitoring 
23.2 	Program Advisory Task Force, shall study the program database and report to the chairs 
23.3 	and ranking minority members of the senate health and human services policy and finance 
23.4 	division and the house of representatives health and human services policy and finance 
23.5 	committees by December 15, 2014, with recommendations on: (1) requiring the use of the 
23.6 	prescription monitoring by prescribers when prescribing or considering prescribing, and 
23.7 	pharmacists when dispensing or considering dispensing, a controlled substance as defined 
23.8 	in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); (2) allowing for the 
23.9 	use of the prescription monitoring program database to identify potentially inappropriate 
23.10 	prescribing of controlled substances; and (3) encouraging access to appropriate treatment 
23.11 	for prescription drug abuse through the prescription monitoring program.
23.12 	(b) The Board of Pharmacy, in collaboration with the prescription monitoring 
23.13 	program advisory task force, shall conduct a study designed to assess the impact of the 
23.14 	prescription monitoring program on the level of doctor-shopping activities and report 
23.15 	to the chairs and ranking minority members of the senate and house of representatives 
23.16 	committees and divisions with jurisdiction on health and human services policy and 
23.17 	finance by December 15, 2016.

23.18 	ARTICLE 3
23.19 	CHEMICAL AND MENTAL HEALTH SERVICES

23.20 	Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to 
23.21 	read:
23.22 		Subd. 6a.Adult foster care homes serving people with mental illness; 
23.23 	certification. (a) The commissioner of human services shall issue a mental health 
23.24 	certification for adult foster care homes licensed under this chapter and Minnesota Rules, 
23.25 	parts 9555.5105 to 9555.6265, or community residential settings licensed under chapter 
23.26 	245D, that serve people with a primary diagnosis of mental illness where the home is not 
23.27 	the primary residence of the license holder when a provider is determined to have met 
23.28 	the requirements under paragraph (b). This certification is voluntary for license holders. 
23.29 	The certification shall be printed on the license, and identified on the commissioner's 
23.30 	public Web site.
23.31 	(b) The requirements for certification are:
23.32 	(1) all staff working in the adult foster care home or community residential setting
23.33 	 have received at least seven hours of annual training under paragraph (c) covering all 
23.34 	of the following topics:
23.35 	(i) mental health diagnoses;
24.1 	(ii) mental health crisis response and de-escalation techniques;
24.2 	(iii) recovery from mental illness;
24.3 	(iv) treatment options including evidence-based practices;
24.4 	(v) medications and their side effects;
24.5 	(vi)  suicide intervention, identifying suicide warning signs, and appropriate 
24.6 	responses;
24.7 	(vii) co-occurring substance abuse and health conditions; and
24.8 	(vii) (viii) community resources;
24.9 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or 
24.10 	a mental health practitioner as defined in section 245.462, subdivision 17, are available 
24.11 	for consultation and assistance;
24.12 	(3) there is a plan and protocol in place to address a mental health crisis; and
24.13 	(4) there is a crisis plan for each individual's Individual Placement Agreement
24.14 	 individual that identifies who is providing clinical services and their contact information, 
24.15 	and includes an individual crisis prevention and management plan developed with the 
24.16 	individual.
24.17 	(c) The training curriculum must be approved by the commissioner of human 
24.18 	services and must include a testing component after training is completed. Training must 
24.19 	be provided by a mental health professional or a mental health practitioner. Training may 
24.20 	also be provided by an individual living with a mental illness or a family member of such 
24.21 	an individual, who is from a nonprofit organization with a history of providing educational 
24.22 	classes on mental illnesses approved by the Department of Human Services to deliver 
24.23 	mental health training. Staff must receive three hours of training in the areas specified in 
24.24 	paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The 
24.25 	remaining hours of mandatory training, including a review of the information in paragraph 
24.26 	(b), clause (1), item (ii), must be completed within six months of the hire date. For 
24.27 	programs licensed under chapter 245D, training under this section may be incorporated 
24.28 	into the 30 hours of staff orientation required under section 245D.09, subdivision 4.
24.29 	(c)(d) License holders seeking certification under this subdivision must request this 
24.30 	certification on forms provided by the commissioner and must submit the request to the 
24.31 	county licensing agency in which the home or community residential setting is located. 
24.32 	The county licensing agency must forward the request to the commissioner with a county 
24.33 	recommendation regarding whether the commissioner should issue the certification.
24.34 	(d)(e) Ongoing compliance with the certification requirements under paragraph (b) 
24.35 	shall be reviewed by the county licensing agency at each licensing review. When a county 
25.1 	licensing agency determines that the requirements of paragraph (b) are not met, the county 
25.2 	shall inform the commissioner, and the commissioner will remove the certification.
25.3 	(e)(f) A denial of the certification or the removal of the certification based on a 
25.4 	determination that the requirements under paragraph (b) have not been met by the adult 
25.5 	foster care or community residential setting license holder are not subject to appeal. A 
25.6 	license holder that has been denied a certification or that has had a certification removed 
25.7 	may again request certification when the license holder is in compliance with the 
25.8 	requirements of paragraph (b).

25.9 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
25.10 	245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
25.11 	(a) The commissioner of human services shall issue a mental health certification 
25.12 	for services licensed under this chapter when a license holder is determined to have met 
25.13 	the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification 
25.14 	is voluntary for license holders. The certification shall be printed on the license and 
25.15 	identified on the commissioner's public Web site.
25.16 	(b) The requirements for certification are:
25.17 	(1) all staff have received at least seven hours of annual training covering all of 
25.18 	the following topics:
25.19 	(i) mental health diagnoses;
25.20 	(ii) mental health crisis response and de-escalation techniques;
25.21 	(iii) recovery from mental illness;
25.22 	(iv) treatment options, including evidence-based practices;
25.23 	(v) medications and their side effects;
25.24 	(vi) co-occurring substance abuse and health conditions; and
25.25 	(vii) community resources;
25.26 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or a 
25.27 	mental health practitioner as defined in section 245.462, subdivision 17, is available 
25.28 	for consultation and assistance;
25.29 	(3) there is a plan and protocol in place to address a mental health crisis; and
25.30 	(4) each person's individual service and support plan identifies who is providing 
25.31 	clinical services and their contact information, and includes an individual crisis prevention 
25.32 	and management plan developed with the person.
25.33 	(c) License holders seeking certification under this section must request this 
25.34 	certification on forms and in the manner prescribed by the commissioner.
26.1 	(d) (c) If the commissioner finds that the license holder has failed to comply with 
26.2 	the certification requirements under section 245A.03, subdivision 6a, paragraph (b), 
26.3 	the commissioner may issue a correction order and an order of conditional license in 
26.4 	accordance with section 245A.06 or may issue a sanction in accordance with section 
26.5 	245A.07, including and up to removal of the certification.
26.6 	(e) (d) A denial of the certification or the removal of the certification based on a 
26.7 	determination that the requirements under section 245A.03, subdivision 6a, paragraph 
26.8 	(b) have not been met is not subject to appeal. A license holder that has been denied a 
26.9 	certification or that has had a certification removed may again request certification when 
26.10 	the license holder is in compliance with the requirements of section 245A.03, subdivision 
26.11 	6a, paragraph (b).

26.12 	Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
26.13 		Subd. 2.Administration without judicial review. Neuroleptic medications may be 
26.14 	administered without judicial review in the following circumstances:
26.15 	(1) the patient has the capacity to make an informed decision under subdivision 4;
26.16 	(2) the patient does not have the present capacity to consent to the administration 
26.17 	of neuroleptic medication, but prepared a health care directive under chapter 145C or a 
26.18 	declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an 
26.19 	agent or proxy to request treatment, and the agent or proxy has requested the treatment;
26.20 	(3) the patient has been prescribed neuroleptic medication prior to admission to a 
26.21 	treatment facility, but lacks the capacity to consent to the administration of that neuroleptic 
26.22 	medication; continued administration of the medication is in the patient's best interest; 
26.23 	and the patient does not refuse administration of the medication. In this situation, the 
26.24 	previously prescribed neuroleptic medication may be continued for up to 14 days while 
26.25 	the treating physician:
26.26 	(i) is obtaining a substitute decision-maker appointed by the court under subdivision 
26.27 	6; or
26.28 	(ii) is requesting an amendment to a current court order authorizing administration 
26.29 	of neuroleptic medication;
26.30 	(4) a substitute decision-maker appointed by the court consents to the administration 
26.31 	of the neuroleptic medication and the patient does not refuse administration of the 
26.32 	medication; or
26.33 	(4) (5) the substitute decision-maker does not consent or the patient is refusing 
26.34 	medication, and the patient is in an emergency situation.

27.1 	Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 
27.2 	amended to read:
27.3 		Subd. 2.Membership terms, compensation, removal and expiration. The 
27.4 	membership of this council shall be composed of 17 persons who are American Indians 
27.5 	and who are appointed by the commissioner. The commissioner shall appoint one 
27.6 	representative from each of the following groups: Red Lake Band of Chippewa Indians; 
27.7 	Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 
27.8 	Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 
27.9 	Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
27.10 	Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 
27.11 	Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 
27.12 	Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 
27.13 	and two representatives from the Minneapolis Urban Indian Community and two from the 
27.14 	St. Paul Urban Indian Community. The terms, compensation, and removal of American 
27.15 	Indian Advisory Council members shall be as provided in section 15.059. The council 
27.16 	expires June 30, 2014 2018.

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

27.18 	Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
27.19 	254A.04 CITIZENS ADVISORY COUNCIL.
27.20 	There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 
27.21 	advise the Department of Human Services concerning the problems of alcohol and 
27.22 	other drug dependency and abuse, composed of ten members. Five members shall be 
27.23 	individuals whose interests or training are in the field of alcohol dependency and abuse; 
27.24 	and five members whose interests or training are in the field of dependency and abuse of 
27.25 	drugs other than alcohol. The terms, compensation and removal of members shall be as 
27.26 	provided in section 15.059. The council expires June 30, 2014 2018. The commissioner 
27.27 	of human services shall appoint members whose terms end in even-numbered years. The 
27.28 	commissioner of health shall appoint members whose terms end in odd-numbered years.

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

27.30 	Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision 
27.31 	to read:
28.1 		Subd. 8.Culturally specific program. (a) "Culturally specific program" means a 
28.2 	substance use disorder treatment service program that is recovery-focused and culturally 
28.3 	specific when the program:
28.4 	(1) improves service quality to and outcomes of a specific population by advancing 
28.5 	health equity to help eliminate health disparities; and
28.6 	(2) ensures effective, equitable, comprehensive, and respectful quality care services 
28.7 	that are responsive to an individual within a specific population's values, beliefs and 
28.8 	practices, health literacy, preferred language, and other communication needs.
28.9 	(b) A tribally licensed substance use disorder program that is designated as serving 
28.10 	a culturally specific population by the applicable tribal government is deemed to satisfy 
28.11 	this subdivision.

28.12 	Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
28.13 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for 
28.14 	chemical dependency services and service enhancements funded under this chapter.
28.15 	(b) Eligible chemical dependency treatment services include:
28.16 	(1) outpatient treatment services that are licensed according to Minnesota Rules, 
28.17 	parts 9530.6405 to 9530.6480, or applicable tribal license;
28.18 	(2) medication-assisted therapy services that are licensed according to Minnesota 
28.19 	Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
28.20 	(3) medication-assisted therapy plus enhanced treatment services that meet the 
28.21 	requirements of clause (2) and provide nine hours of clinical services each week;
28.22 	(4) high, medium, and low intensity residential treatment services that are licensed 
28.23 	according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 
28.24 	tribal license which provide, respectively, 30, 15, and five hours of clinical services each 
28.25 	week;
28.26 	(5) hospital-based treatment services that are licensed according to Minnesota Rules, 
28.27 	parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 
28.28 	sections 144.50 to 144.56;
28.29 	(6) adolescent treatment programs that are licensed as outpatient treatment programs 
28.30 	according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 
28.31 	programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
28.32 	(7) room and board facilities that meet the requirements of section 254B.05, 
28.33 	subdivision 1a.
28.34 	(c) The commissioner shall establish higher rates for programs that meet the 
28.35 	requirements of paragraph (b) and the following additional requirements:
29.1 	(1) programs that serve parents with their children if the program meets the 
29.2 	additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child 
29.3 	care that meets the requirements of section 245A.03, subdivision 2, during hours of 
29.4 	treatment activity;
29.5 	(2) culturally specific programs serving special populations as defined in section 
29.6 	254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part 
29.7 	9530.6605, subpart 13;
29.8 	(3) programs that offer medical services delivered by appropriately credentialed 
29.9 	health care staff in an amount equal to two hours per client per week; and
29.10 	(4) programs that offer services to individuals with co-occurring mental health and 
29.11 	chemical dependency problems if:
29.12 	(i) the program meets the co-occurring requirements in Minnesota Rules, part 
29.13 	9530.6495;
29.14 	(ii) 25 percent of the counseling staff are mental health professionals, as defined in 
29.15 	section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 
29.16 	under the supervision of a licensed alcohol and drug counselor supervisor and licensed 
29.17 	mental health professional, except that no more than 50 percent of the mental health staff 
29.18 	may be students or licensing candidates;
29.19 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
29.20 	health diagnostic assessment within ten days of admission;
29.21 	(iv) the program has standards for multidisciplinary case review that include a 
29.22 	monthly review for each client;
29.23 	(v) family education is offered that addresses mental health and substance abuse 
29.24 	disorders and the interaction between the two; and
29.25 	(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 
29.26 	training annually.
29.27 	(d) Adolescent residential programs that meet the requirements of Minnesota Rules, 
29.28 	parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause 
29.29 	(4), items (i) to (iv).

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

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

30.1 	Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
30.2 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services 
30.3 	agency shall establish a juvenile treatment screening team to conduct screenings and 
30.4 	prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision 
30.5 	3. Screenings shall be conducted within 15 days of a request for a screening, unless 
30.6 	the screening is for the purpose of placement in mental health residential treatment 
30.7 	and the child is enrolled in a prepaid health program under section 256B.69 in which 
30.8 	case the screening shall be conducted within ten working days of a request. The team, 
30.9 	which may be the team constituted under section 245.4885 or 256B.092 or Minnesota 
30.10 	Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice 
30.11 	professionals, persons with expertise in the treatment of juveniles who are emotionally 
30.12 	disabled, chemically dependent, or have a developmental disability, and the child's parent, 
30.13 	guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201, 
30.14 	subdivision 11, or section 260C.515, subdivision 4. The team may be the same team as 
30.15 	defined in section 260B.157, subdivision 3.
30.16 	(b) The social services agency shall determine whether a child brought to its 
30.17 	attention for the purposes described in this section is an Indian child, as defined in section 
30.18 	260C.007, subdivision 21, and shall determine the identity of the Indian child's tribe, as 
30.19 	defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 
30.20 	the team provided in paragraph (a) shall include a designated representative of the Indian 
30.21 	child's tribe, unless the child's tribal authority declines to appoint a representative. The 
30.22 	Indian child's tribe may delegate its authority to represent the child to any other federally 
30.23 	recognized Indian tribe, as defined in section 260.755, subdivision 12.
30.24 	(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
30.25 	(1) for the primary purpose of treatment for an emotional disturbance, a 
30.26 	developmental disability, or chemical dependency in a residential treatment facility out 
30.27 	of state or in one which is within the state and licensed by the commissioner of human 
30.28 	services under chapter 245A; or
30.29 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
30.30 	postdispositional placement in a facility licensed by the commissioner of corrections or 
30.31 	human services, the court shall ascertain whether the child is an Indian child and shall 
30.32 	notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 
30.33 	child's tribe. The county's juvenile treatment screening team must either: (i) screen and 
30.34 	evaluate the child and file its recommendations with the court within 14 days of receipt 
30.35 	of the notice; or (ii) elect not to screen a given case and notify the court of that decision 
30.36 	within three working days.
31.1 	(d) The child may not be placed for the primary purpose of treatment for an 
31.2 	emotional disturbance, a developmental disability, or chemical dependency, in a residential 
31.3 	treatment facility out of state nor in a residential treatment facility within the state that is 
31.4 	licensed under chapter 245A, unless one of the following conditions applies:
31.5 	(1) a treatment professional certifies that an emergency requires the placement 
31.6 	of the child in a facility within the state;
31.7 	(2) the screening team has evaluated the child and recommended that a residential 
31.8 	placement is necessary to meet the child's treatment needs and the safety needs of the 
31.9 	community, that it is a cost-effective means of meeting the treatment needs, and that it 
31.10 	will be of therapeutic value to the child; or
31.11 	(3) the court, having reviewed a screening team recommendation against placement, 
31.12 	determines to the contrary that a residential placement is necessary. The court shall state 
31.13 	the reasons for its determination in writing, on the record, and shall respond specifically 
31.14 	to the findings and recommendation of the screening team in explaining why the 
31.15 	recommendation was rejected. The attorney representing the child and the prosecuting 
31.16 	attorney shall be afforded an opportunity to be heard on the matter.
31.17 	(e) When the county's juvenile treatment screening team has elected to screen and 
31.18 	evaluate a child determined to be an Indian child, the team shall provide notice to the 
31.19 	tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 
31.20 	member of the tribe or as a person eligible for membership in the tribe, and permit the 
31.21 	tribe's representative to participate in the screening team.
31.22 	(f) When the Indian child's tribe or tribal health care services provider or Indian 
31.23 	Health Services provider proposes to place a child for the primary purpose of treatment 
31.24 	for an emotional disturbance, a developmental disability, or co-occurring emotional 
31.25 	disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 
31.26 	the child's tribe shall submit necessary documentation to the county juvenile treatment 
31.27 	screening team, which must invite the Indian child's tribe to designate a representative to 
31.28 	the screening team.

31.29 	Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO 
31.30 	COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS 
31.31 	COMMITTED TO COMMISSIONER.
 31.32 	The commissioner of human services may create a pilot program that is designed to 
31.33 	respond to issues that were raised in the February 2013 Office of the Legislative Auditor 
31.34 	report on state-operated services. The pilot program may include no more than three 
31.35 	counties to test the efficacy of providing notice and information to the commissioner prior 
32.1 	to or when a petition is filed to commit a patient exclusively to the commissioner. The 
32.2 	commissioner shall provide a status update to the chairs and ranking minority members of 
32.3 	the legislative committees with jurisdiction over civil commitment and human services 
32.4 	issues, no later than January 15, 2015.

32.5 	ARTICLE 4
32.6 	HEALTH-RELATED LICENSING BOARDS

32.7 	Section 1. Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read:
32.8 		Subd. 6.Unlicensed complementary and alternative health care practitioner. (a)
32.9 	 "Unlicensed complementary and alternative health care practitioner" means a person who:
32.10 	(1) either:
32.11 	(i) is not licensed or registered by a health-related licensing board or the 
32.12 	commissioner of health; or
32.13 	(ii) is licensed or registered by the commissioner of health or a health-related 
32.14 	licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board 
32.15 	of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself 
32.16 	out to the public as being licensed or registered by the commissioner or a health-related 
32.17 	licensing board when engaging in complementary and alternative health care;
32.18 	(2) has not had a license or registration issued by a health-related licensing board 
32.19 	or the commissioner of health revoked or has not been disciplined in any manner at any 
32.20 	time in the past, unless the right to engage in complementary and alternative health care 
32.21 	practices has been established by order of the commissioner of health;
32.22 	(3) is engaging in complementary and alternative health care practices; and
32.23 	(4) is providing complementary and alternative health care services for remuneration 
32.24 	or is holding oneself out to the public as a practitioner of complementary and alternative 
32.25 	health care practices.
32.26 	(b) A health care practitioner licensed or registered by the commissioner or a 
32.27 	health-related licensing board, who engages in complementary and alternative health care 
32.28 	while practicing under the practitioner's license or registration, shall be regulated by and 
32.29 	be under the jurisdiction of the applicable health-related licensing board with regard to 
32.30 	the complementary and alternative health care practices.

32.31 	Sec. 2. [146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH 
32.32 	CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE 
32.33 	PRACTITIONERS.
33.1 	(a) A health care practitioner licensed or registered by the commissioner or a 
33.2 	health-related licensing board, who engages in complementary and alternative health care 
33.3 	while practicing under the practitioner's license or registration, shall be regulated by and 
33.4 	be under the jurisdiction of the applicable health-related licensing board with regard to 
33.5 	the complementary and alternative health care practices.
33.6 	(b) A health care practitioner licensed or registered by the commissioner or a 
33.7 	health-related licensing board shall not be subject to disciplinary action solely on the basis 
33.8 	of utilizing complementary and alternative health care practices as defined in section 
33.9 	146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for 
33.10 	referring a patient to a complementary and alternative health care practitioner as defined in 
33.11 	section 146A.01, subdivision 6.
33.12 	(c) A health care practitioner licensed or registered by the commissioner or a 
33.13 	health-related licensing board who utilizes complementary and alternative health care 
33.14 	practices must provide patients receiving these services with a written copy of the 
33.15 	complementary and alternative health care client bill of rights pursuant to section 146A.11.
33.16 	(d) Nothing in this section shall be construed to prohibit or restrict the commissioner 
33.17 	or a health-related licensing board from imposing disciplinary action for conduct that 
33.18 	violates provisions of the applicable licensed or registered health care practitioner's 
33.19 	practice act.

33.20 	Sec. 3. Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is 
33.21 	amended to read:
33.22 		Subdivision 1.Scope. (a) All unlicensed complementary and alternative health 
33.23 	care practitioners shall provide to each complementary and alternative health care 
33.24 	client prior to providing treatment a written copy of the complementary and alternative 
33.25 	health care client bill of rights. A copy must also be posted in a prominent location 
33.26 	in the office of the unlicensed complementary and alternative health care practitioner. 
33.27 	Reasonable accommodations shall be made for those clients who cannot read or who 
33.28 	have communication disabilities and those who do not read or speak English. The 
33.29 	complementary and alternative health care client bill of rights shall include the following:
33.30 	(1) the name, complementary and alternative health care title, business address, and 
33.31 	telephone number of the unlicensed complementary and alternative health care practitioner;
33.32 	(2) the degrees, training, experience, or other qualifications of the practitioner 
33.33 	regarding the complimentary and alternative health care being provided, followed by the 
33.34 	following statement in bold print:
34.1 	"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL 
34.2 	AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND 
34.3 	ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF 
34.4 	CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
34.5 	Under Minnesota law, an unlicensed complementary and alternative health care 
34.6 	practitioner may not provide a medical diagnosis or recommend discontinuance of 
34.7 	medically prescribed treatments. If a client desires a diagnosis from a licensed physician, 
34.8 	chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, 
34.9 	osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic 
34.10 	trainer, or any other type of health care provider, the client may seek such services at 
34.11 	any time.";
34.12 	(3) the name, business address, and telephone number of the practitioner's 
34.13 	supervisor, if any;
34.14 	(4) notice that a complementary and alternative health care client has the right to file a 
34.15 	complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
34.16 	(5) the name, address, and telephone number of the office of unlicensed 
34.17 	complementary and alternative health care practice and notice that a client may file 
34.18 	complaints with the office;
34.19 	(6) the practitioner's fees per unit of service, the practitioner's method of billing 
34.20 	for such fees, the names of any insurance companies that have agreed to reimburse the 
34.21 	practitioner, or health maintenance organizations with whom the practitioner contracts to 
34.22 	provide service, whether the practitioner accepts Medicare, medical assistance, or general 
34.23 	assistance medical care, and whether the practitioner is willing to accept partial payment, 
34.24 	or to waive payment, and in what circumstances;
34.25 	(7) a statement that the client has a right to reasonable notice of changes in services 
34.26 	or charges;
34.27 	(8) a brief summary, in plain language, of the theoretical approach used by the 
34.28 	practitioner in providing services to clients;
34.29 	(9) notice that the client has a right to complete and current information concerning 
34.30 	the practitioner's assessment and recommended service that is to be provided, including 
34.31 	the expected duration of the service to be provided;
34.32 	(10) a statement that clients may expect courteous treatment and to be free from 
34.33 	verbal, physical, or sexual abuse by the practitioner;
34.34 	(11) a statement that client records and transactions with the practitioner are 
34.35 	confidential, unless release of these records is authorized in writing by the client, or 
34.36 	otherwise provided by law;
35.1 	(12) a statement of the client's right to be allowed access to records and written 
35.2 	information from records in accordance with sections 144.291 to 144.298;
35.3 	(13) a statement that other services may be available in the community, including 
35.4 	where information concerning services is available;
35.5 	(14) a statement that the client has the right to choose freely among available 
35.6 	practitioners and to change practitioners after services have begun, within the limits of 
35.7 	health insurance, medical assistance, or other health programs;
35.8 	(15) a statement that the client has a right to coordinated transfer when there will 
35.9 	be a change in the provider of services;
35.10 	(16) a statement that the client may refuse services or treatment, unless otherwise 
35.11 	provided by law; and
35.12 	(17) a statement that the client may assert the client's rights without retaliation.
35.13 	(b) This section does not apply to an unlicensed complementary and alternative 
35.14 	health care practitioner who is employed by or is a volunteer in a hospital or hospice who 
35.15 	provides services to a client in a hospital or under an appropriate hospice plan of care. 
35.16 	Patients receiving complementary and alternative health care services in an inpatient 
35.17 	hospital or under an appropriate hospice plan of care shall have and be made aware of 
35.18 	the right to file a complaint with the hospital or hospice provider through which the 
35.19 	practitioner is employed or registered as a volunteer.
35.20 	(c) This section does not apply to a health care practitioner licensed or registered by 
35.21 	the commissioner of health or a health-related licensing board who utilizes complementary 
35.22 	and alternative health care practices within the scope of practice of the health care 
35.23 	practitioner's professional license.

35.24 	Sec. 4. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
35.25 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10:
35.26 	(1) "chiropractic" is defined as the science of adjusting any abnormal articulations 
35.27 	of the human body, especially those of the spinal column, for the purpose of giving 
35.28 	freedom of action to impinged nerves that may cause pain or deranged function; and
35.29 	 means the health care discipline that recognizes the innate recuperative power of the body 
35.30 	to heal itself without the use of drugs or surgery by identifying and caring for vertebral 
35.31 	subluxations and other abnormal articulations by emphasizing the relationship between 
35.32 	structure and function as coordinated by the nervous system and how that relationship 
35.33 	affects the preservation and restoration of health;
35.34 	(2) "chiropractic services" means the evaluation and facilitation of structural, 
35.35 	biomechanical, and neurological function and integrity through the use of adjustment, 
36.1 	manipulation, mobilization, or other procedures accomplished by manual or mechanical 
36.2 	forces applied to bones or joints and their related soft tissues for correction of vertebral 
36.3 	subluxation, other abnormal articulations, neurological disturbances, structural alterations, 
36.4 	or biomechanical alterations, and includes, but is not limited to, manual therapy and 
36.5 	mechanical therapy as defined in section 146.23;
36.6 	(3) "abnormal articulation" means the condition of opposing bony joint surfaces and 
36.7 	their related soft tissues that do not function normally, including subluxation, fixation, 
36.8 	adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or 
36.9 	disturbances within the nervous system, results in postural alteration, inhibits motion, 
36.10 	allows excessive motion, alters direction of motion, or results in loss of axial loading 
36.11 	efficiency, or a combination of these;
36.12 	(4) "diagnosis" means the physical, clinical, and laboratory examination of the 
36.13 	patient, and the use of diagnostic services for diagnostic purposes within the scope of the 
36.14 	practice of  chiropractic described in sections 148.01 to 148.10;
36.15 	(5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic 
36.16 	measures, including diagnostic imaging  that may be necessary to determine the presence 
36.17 	or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for 
36.18 	evaluation of a health concern, diagnosis, differential diagnosis, treatment, further 
36.19 	examination, or referral;
36.20 	(6) "therapeutic services" means rehabilitative therapy as defined in Minnesota 
36.21 	Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive 
36.22 	sciences and procedures for which the licensee was subject to examination under section 
36.23 	148.06. When provided, therapeutic services must be performed within a practice 
36.24 	where the primary focus is the provision of chiropractic services, to prepare the patient 
36.25 	for chiropractic services, or to complement the provision of chiropractic services. The 
36.26 	administration of therapeutic services is the responsibility of the treating chiropractor and 
36.27 	must be rendered under the direct supervision of qualified staff;
36.28 	(7) "acupuncture" means a modality of treating abnormal physical conditions 
36.29 	by stimulating various points of the body or interruption of the cutaneous integrity 
36.30 	by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as 
36.31 	utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an 
36.32 	independent therapy or separately from chiropractic services. Acupuncture is permitted 
36.33 	under section 148.01 only after registration with the board which requires completion 
36.34 	of a board-approved course of study and successful completion of a board-approved 
36.35 	national examination on acupuncture. Renewal of registration shall require completion of 
36.36 	board-approved continuing education requirements in acupuncture. The restrictions of 
37.1 	section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture 
37.2 	under this section; and
37.3 	(2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes 
37.4 	identifying and resolving vertebral subluxation complexes, spinal manipulation, and 
37.5 	manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 
37.6 	diagnosis and treatment does not include:
37.7 	(i) performing surgery;
37.8 	(ii) dispensing or administering of medications; or
37.9 	(iii) performing traditional veterinary care and diagnosis.

37.10 	Sec. 5. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
37.11 		Subd. 2.Exclusions. The practice of chiropractic is not the practice of medicine, 
37.12 	surgery, or osteopathy, or physical therapy.

37.13 	Sec. 6. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision 
37.14 	to read:
37.15 		Subd. 4.Practice of chiropractic. An individual licensed to practice under section 
37.16 	148.06 is authorized to perform chiropractic services, acupuncture, and therapeutic 
37.17 	services, and to provide diagnosis and to render opinions pertaining to those services for 
37.18 	the purpose of determining a course of action in the best interests of the patient, such as a 
37.19 	treatment plan, appropriate referral, or both.

37.20 	Sec. 7. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
37.21 		Subdivision 1.Generally. Any person who practices, or attempts to practice, 
37.22 	chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," 
37.23 	"Chiropractor," "DC," or any other title or letters under any circumstances as to lead 
37.24 	the public to believe that the person who so uses the terms is engaged in the practice of 
37.25 	chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is 
37.26 	guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more 
37.27 	than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than 
37.28 	six months or punished by both fine and imprisonment, in the discretion of the court. It is 
37.29 	the duty of the county attorney of the county in which the person practices to prosecute. 
37.30 	Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
37.31 	(1) licensed by a health-related licensing board, as defined in section 214.01, 
37.32 	subdivision 2, including psychological practitioners with respect to the use of hypnosis;
37.33 	(2) registered or licensed by the commissioner of health under section 214.13; or
38.1 	(3) engaged in other methods of healing regulated by law in the state of Minnesota;
38.2 	provided that the person confines activities within the scope of the license or other 
38.3 	regulation and does not practice or attempt to practice chiropractic.

38.4 	Sec. 8. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision 
38.5 	to read:
38.6 		Subd. 1a.Conviction of a felony-level criminal sexual offense. (a) Except as 
38.7 	provided in paragraph (e), the board may not grant or renew a license to practice nursing 
38.8 	to any person who has been convicted on or after August 1, 2014, of any of the provisions 
38.9 	of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1, 
38.10 	paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (c) to (o), or a similar statute 
38.11 	in another jurisdiction.
38.12 	(b) A license to practice nursing is automatically revoked if the licensee is convicted 
38.13 	of an offense listed in paragraph (a).
38.14 	(c) A license to practice nursing that has been denied or revoked under this 
38.15 	subdivision is not subject to chapter 364.
38.16 	(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of 
38.17 	guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or 
38.18 	execution of the sentence and final disposition of the case is accomplished at a nonfelony 
38.19 	level.
38.20 	(e) The board may establish criteria whereby an individual convicted of an offense 
38.21 	listed in paragraph (a) may become licensed provided that the criteria:
38.22 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
38.23 	(2) provide a standard for overcoming the presumption; and
38.24 	(3) require that a minimum of ten years has elapsed since the applicant's sentence 
38.25 	was discharged.
38.26 	The board shall not consider an application under this paragraph if the board 
38.27 	determines that the victim involved in the offense was a patient or a client of the applicant 
38.28 	at the time of the offense.

38.29 	Sec. 9. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:
38.30 		Subd. 4.Evidence. In disciplinary actions alleging a violation of subdivision 1, 
38.31 	clause (3) or (4), or subdivision 1a, a copy of the judgment or proceeding under the seal 
38.32 	of the court administrator or of the administrative agency that entered the same shall be 
38.33 	admissible into evidence without further authentication and shall constitute prima facie 
38.34 	evidence of the violation concerned.

39.1 	Sec. 10. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
39.2 		Subd. 17.Physical agent modalities. "Physical agent modalities" mean modalities 
39.3 	that use the properties of light, water, temperature, sound, or electricity to produce a 
39.4 	response in soft tissue. The physical agent modalities referred to in sections 148.6404
39.5 	 and 148.6440 are superficial physical agent modalities, electrical stimulation devices, 
39.6 	and ultrasound.

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

39.8 	Sec. 11. Minnesota Statutes 2012, section 148.6404, is amended to read:
39.9 	148.6404 SCOPE OF PRACTICE.
39.10 	The practice of occupational therapy by an occupational therapist or occupational 
39.11 	therapy assistant includes, but is not limited to, intervention directed toward:
39.12 	(1) assessment and evaluation, including the use of skilled observation or 
39.13 	the administration and interpretation of standardized or nonstandardized tests and 
39.14 	measurements, to identify areas for occupational therapy services;
39.15 	(2) providing for the development of sensory integrative, neuromuscular, or motor 
39.16 	components of performance;
39.17 	(3) providing for the development of emotional, motivational, cognitive, or 
39.18 	psychosocial components of performance;
39.19 	(4) developing daily living skills;
39.20 	(5) developing feeding and swallowing skills;
39.21 	(6) developing play skills and leisure capacities;
39.22 	(7) enhancing educational performance skills;
39.23 	(8) enhancing functional performance and work readiness through exercise, range of 
39.24 	motion, and use of ergonomic principles;
39.25 	(9) designing, fabricating, or applying rehabilitative technology, such as selected 
39.26 	orthotic and prosthetic devices, and providing training in the functional use of these devices;
39.27 	(10) designing, fabricating, or adapting assistive technology and providing training 
39.28 	in the functional use of assistive devices;
39.29 	(11) adapting environments using assistive technology such as environmental 
39.30 	controls, wheelchair modifications, and positioning;
39.31 	(12) employing physical agent modalities, in preparation for or as an adjunct to 
39.32 	purposeful activity, within the same treatment session or to meet established functional 
39.33 	occupational therapy goals, consistent with the requirements of section 148.6440; and
39.34 	(13) promoting health and wellness.

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

40.2 	Sec. 12. Minnesota Statutes 2012, section 148.6430, is amended to read:
40.3 	148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
40.4 	The occupational therapist is responsible for all duties delegated to the occupational 
40.5 	therapy assistant or tasks assigned to direct service personnel. The occupational therapist 
40.6 	may delegate to an occupational therapy assistant those portions of a client's evaluation, 
40.7 	reevaluation, and treatment that, according to prevailing practice standards of the 
40.8 	American Occupational Therapy Association, can be performed by an occupational 
40.9 	therapy assistant. The occupational therapist may not delegate portions of an evaluation or 
40.10 	reevaluation of a person whose condition is changing rapidly. Delegation of duties related 
40.11 	to use of physical agent modalities to occupational therapy assistants is governed by 
40.12 	section 148.6440, subdivision 6.

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

40.14 	Sec. 13. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
40.15 		Subdivision 1.Applicability. If the professional standards identified in section 
40.16 	148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or 
40.17 	treatment procedure, the occupational therapist must provide supervision consistent 
40.18 	with this section. Supervision of occupational therapy assistants using physical agent 
40.19 	modalities is governed by section 148.6440, subdivision 6.

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

40.21 	Sec. 14. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
40.22 		Subd. 3.Approved education program. "Approved education program" means 
40.23 	a university, college, or other postsecondary education program of athletic training 
40.24 	that, at the time the student completes the program, is approved or accredited by the 
40.25 	National Athletic Trainers Association Professional Education Committee, the National 
40.26 	Athletic Trainers Association Board of Certification, or the Joint Review Committee on 
40.27 	Educational Programs in Athletic Training in collaboration with the American Academy 
40.28 	of Family Physicians, the American Academy of Pediatrics, the American Medical 
40.29 	Association, and the National Athletic Trainers Association a nationally recognized 
40.30 	accreditation agency for athletic training education programs approved by the board.

40.31 	Sec. 15. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
41.1 		Subd. 9.Credentialing examination. "Credentialing examination" means an 
41.2 	examination administered by the National Athletic Trainers Association Board of 
41.3 	Certification, or the board's recognized successor, for credentialing as an athletic trainer, 
41.4 	or an examination for credentialing offered by a national testing service that is approved 
41.5 	by the board.

41.6 	Sec. 16. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
41.7 		Subdivision 1.Designation. A person shall not use in connection with the person's 
41.8 	name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota 
41.9 	registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations, 
41.10 	or insignia indicating or implying that the person is an athletic trainer, without a certificate 
41.11 	of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student 
41.12 	attending a college or university athletic training program must be identified as a "student 
41.13 	athletic trainer." an "athletic training student."

41.14 	Sec. 17. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
41.15 		Subdivision 1.Creation; Membership. The Athletic Trainers Advisory Council 
41.16 	is created and is composed of eight members appointed by the board. The advisory 
41.17 	council consists of:
41.18 	(1) two public members as defined in section 214.02;
41.19 	(2) three members who, except for initial appointees, are registered athletic trainers, 
41.20 	one being both a licensed physical therapist and registered athletic trainer as submitted by 
41.21 	the Minnesota American Physical Therapy Association;
41.22 	(3) two members who are medical physicians licensed by the state and have 
41.23 	experience with athletic training and sports medicine; and
41.24 	(4) one member who is a doctor of chiropractic licensed by the state and has 
41.25 	experience with athletic training and sports injuries.

41.26 	Sec. 18. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
41.27 		Subdivision 1.Registration. The board may issue a certificate of registration as an 
41.28 	athletic trainer to applicants who meet the requirements under this section. An applicant 
41.29 	for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 
41.30 	written application on a form, provided by the board, that includes:
41.31 	(1) the applicant's name, Social Security number, home address and telephone 
41.32 	number, business address and telephone number, and business setting;
42.1 	(2) evidence satisfactory to the board of the successful completion of an education 
42.2 	program approved by the board;
42.3 	(3) educational background;
42.4 	(4) proof of a baccalaureate or master's degree from an accredited college or 
42.5 	university;
42.6 	(5) credentials held in other jurisdictions;
42.7 	(6) a description of any other jurisdiction's refusal to credential the applicant;
42.8 	(7) a description of all professional disciplinary actions initiated against the applicant 
42.9 	in any other jurisdiction;
42.10 	(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
42.11 	(9) evidence satisfactory to the board of a qualifying score on a credentialing 
42.12 	examination within one year of the application for registration;
42.13 	(10) additional information as requested by the board;
42.14 	(11) the applicant's signature on a statement that the information in the application is 
42.15 	true and correct to the best of the applicant's knowledge and belief; and
42.16 	(12) the applicant's signature on a waiver authorizing the board to obtain access to 
42.17 	the applicant's records in this state or any other state in which the applicant has completed 
42.18 	an education program approved by the board or engaged in the practice of athletic training.

42.19 	Sec. 19. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
42.20 		Subd. 4.Temporary registration. (a) The board may issue a temporary registration 
42.21 	as an athletic trainer to qualified applicants. A temporary registration is issued for 
42.22 	one year 120 days. An athletic trainer with a temporary registration may qualify for 
42.23 	full registration after submission of verified documentation that the athletic trainer has 
42.24 	achieved a qualifying score on a credentialing examination within one year 120 days after 
42.25 	the date of the temporary registration. A temporary registration may not be renewed.
42.26 	(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for 
42.27 	a temporary registration must submit the application materials and fees for registration 
42.28 	required under subdivision 1, clauses (1) to (8) and (10) to (12).
42.29 	(c) An athletic trainer with a temporary registration shall work only under the 
42.30 	direct supervision of an athletic trainer registered under this section. No more than four
42.31 	 two athletic trainers with temporary registrations shall work under the direction of a 
42.32 	registered athletic trainer.

42.33 	Sec. 20. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
43.1 		Subd. 2.Approved programs. The board shall approve a continuing education 
43.2 	program that has been approved for continuing education credit by the National Athletic 
43.3 	Trainers Association Board of Certification, or the board's recognized successor.

43.4 	Sec. 21. Minnesota Statutes 2012, section 148.7813, is amended by adding a 
43.5 	subdivision to read:
43.6 		Subd. 5.Discipline; reporting. For the purposes of this chapter, registered athletic 
43.7 	trainers and applicants are subject to sections 147.091 to 147.162.

43.8 	Sec. 22. Minnesota Statutes 2012, section 148.7814, is amended to read:
43.9 	148.7814 APPLICABILITY.
43.10 	Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 
43.11 	trainers by the National Athletic Trainers Association Board of Certification or the board's 
43.12 	recognized successor and come into Minnesota for a specific athletic event or series of 
43.13 	athletic events with an individual or group.

43.14 	Sec. 23. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
43.15 		Subd. 2.Certified doula. "Certified doula" means an individual who has received 
43.16 	a certification to perform doula services from the International Childbirth Education 
43.17 	Association, the Doulas of North America (DONA), the Association of Labor Assistants 
43.18 	and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum 
43.19 	Professional Association (CAPPA), Childbirth International, or the International Center 
43.20 	for Traditional Childbearing, or Commonsense Childbirth, Inc.

43.21 	Sec. 24. Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read:
43.22 		Subd. 2.Qualifications. The commissioner shall include on the registry any 
43.23 	individual who:
43.24 	(1) submits an application on a form provided by the commissioner. The form must 
43.25 	include the applicant's name, address, and contact information;
43.26 	(2) maintains a current certification from one of the organizations listed in section 
43.27 	146B.01, subdivision 2 148.995, subdivision 2; and
43.28 	(3) pays the fees required under section 148.997.

43.29 	Sec. 25. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
43.30 		Subd. 2.Supervision. (a) To qualify as a LPCC, an applicant must have completed 
43.31 	4,000 hours of post-master's degree supervised professional practice in the delivery 
44.1 	of clinical services in the diagnosis and treatment of mental illnesses and disorders in 
44.2 	both children and adults. The supervised practice shall be conducted according to the 
44.3 	requirements in paragraphs (b) to (e).
44.4 	(b) The supervision must have been received under a contract that defines clinical 
44.5 	practice and supervision from a mental health professional as defined in section 245.462, 
44.6 	subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a 
44.7 	board-approved supervisor, who has at least two years of postlicensure experience in the 
44.8 	delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
44.9 	 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
44.10 	(c) The supervision must be obtained at the rate of two hours of supervision per 40 
44.11 	hours of professional practice. The supervision must be evenly distributed over the course 
44.12 	of the supervised professional practice. At least 75 percent of the required supervision 
44.13 	hours must be received in person. The remaining 25 percent of the required hours may be 
44.14 	received by telephone or by audio or audiovisual electronic device. At least 50 percent of 
44.15 	the required hours of supervision must be received on an individual basis. The remaining 
44.16 	50 percent may be received in a group setting.
44.17 	(d) The supervised practice must include at least 1,800 hours of clinical client contact.
44.18 	(e) The supervised practice must be clinical practice. Supervision includes the 
44.19 	observation by the supervisor of the successful application of professional counseling 
44.20 	knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 
44.21 	function, disability, or impairment, including addictions and emotional, mental, and 
44.22 	behavioral disorders.

44.23 	Sec. 26. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
44.24 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
44.25 	2014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed 
44.26 	professional counselor may convert to a LPCC by providing evidence satisfactory to the 
44.27 	board that the applicant has met the requirements of subdivisions 1 and 2, subject to 
44.28 	the following:
44.29 	(1) the individual's license must be active and in good standing;
44.30 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
44.31 	orders, or corrective action agreements; and
44.32 	(3) the individual has paid the LPCC application and licensure fees required in 
44.33 	section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed 
44.34 	in the state of Minnesota as a licensed professional counselor may convert to a LPCC by 
45.1 	providing evidence satisfactory to the board that the applicant has met the following 
45.2 	requirements:
45.3 	(1) is at least 18 years of age;
45.4 	(2) is of good moral character;
45.5 	(3) has a license that is active and in good standing;
45.6 	(4) has no complaints pending, uncompleted disciplinary order, or corrective action 
45.7 	agreements;
45.8 	(5) has completed a master's or doctoral degree program in counseling or a related 
45.9 	field, as determined by the board, and whose degree was from a counseling program 
45.10 	recognized by CACREP or from an institution of higher education that is accredited by a 
45.11 	regional accrediting organization recognized by CHEA;
45.12 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
45.13 	clinical coursework which includes content in the following clinical areas:
45.14 	(i) diagnostic assessment for child or adult mental disorders; normative development; 
45.15 	and psychopathology, including developmental psychopathology;
45.16 	(ii) clinical treatment planning with measurable goals;
45.17 	(iii) clinical intervention methods informed by research evidence and community 
45.18 	standards of practice;
45.19 	(iv) evaluation methodologies regarding the effectiveness of interventions;
45.20 	(v) professional ethics applied to clinical practice; and
45.21 	(vi) cultural diversity;
45.22 	(7) has demonstrated competence in professional counseling by passing the National 
45.23 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
45.24 	National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational 
45.25 	examinations as prescribed by the board;
45.26 	(8) has demonstrated, to the satisfaction of the board, successful completion of 4,000 
45.27 	hours of supervised, post-master's degree professional practice in the delivery of clinical 
45.28 	services in the diagnosis and treatment of child and adult mental illnesses and disorders, 
45.29 	which includes 1,800 direct client contact hours. A licensed professional counselor 
45.30 	who has completed 2,000 hours of supervised post-master's degree clinical professional 
45.31 	practice and who has independent practice status need only document 2,000 additional 
45.32 	hours of supervised post-master's degree clinical professional practice, which includes 900 
45.33 	direct client contact hours; and
45.34 	(9) has paid the LPCC application and licensure fees required in section 148B.53, 
45.35 	subdivision 3.
46.1 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
46.2 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
46.3 	for credit, and must be earned from a counseling program or institution that meets the 
46.4 	requirements in paragraph (a), clause (5).

46.5 	Sec. 27. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
46.6 		Subd. 8a.Resident dentist. "Resident dentist" means a person who is licensed to 
46.7 	practice dentistry as an enrolled graduate student or student of an advanced education 
46.8 	program accredited by the American Dental Association Commission on Dental 
46.9 	Accreditation.

46.10 	Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
46.11 		Subdivision 1.Dentists. A person of good moral character who has graduated from 
46.12 	a dental program accredited by the Commission on Dental Accreditation of the American 
46.13 	Dental Association, having submitted an application and fee as prescribed by the board, 
46.14 	may be examined by the board or by an agency pursuant to section 150A.03, subdivision 
46.15 	1, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental 
46.16 	college in another country must not be disqualified from examination solely because of 
46.17 	the applicant's foreign training if the board determines that the training is equivalent to or 
46.18 	higher than that provided by a dental college accredited by the Commission on Dental 
46.19 	Accreditation of the American Dental Association. In the case of examinations conducted 
46.20 	pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to 
46.21 	applying to the board for licensure. The examination shall include an examination of the 
46.22 	applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the 
46.23 	board. An applicant is ineligible to retake the clinical examination required by the board 
46.24 	after failing it twice until further education and training are obtained as specified by the 
46.25 	board by rule. A separate, nonrefundable fee may be charged for each time a person applies. 
46.26 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
46.27 	professional ethical conduct requirements, and meets all other requirements of the board 
46.28 	shall be licensed to practice dentistry and granted a general dentist license by the board.

46.29 	Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
46.30 		Subd. 1a.Faculty dentists. (a) Faculty members of a school of dentistry must be 
46.31 	licensed in order to practice dentistry as defined in section 150A.05. The board may 
46.32 	issue to members of the faculty of a school of dentistry a license designated as either a 
46.33 	"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry 
47.1 	within the terms described in paragraph (b) or (c). The dean of a school of dentistry and 
47.2 	program directors of a Minnesota dental hygiene or dental assisting school accredited by 
47.3 	the Commission on Dental Accreditation of the American Dental Association shall certify 
47.4 	to the board those members of the school's faculty who practice dentistry but are not 
47.5 	licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as 
47.6 	defined in section 150A.05, before beginning duties in a school of dentistry or a dental 
47.7 	hygiene or dental assisting school, shall apply to the board for a limited or full faculty 
47.8 	license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, 
47.9 	a limited faculty license must be renewed annually and a full faculty license must be 
47.10 	renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board 
47.11 	for issuing and renewing the faculty license. The faculty license is valid during the time 
47.12 	the holder remains a member of the faculty of a school of dentistry or a dental hygiene or 
47.13 	dental assisting school and subjects the holder to this chapter.
47.14 	(b) The board may issue to dentist members of the faculty of a Minnesota school 
47.15 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
47.16 	Accreditation of the American Dental Association, a license designated as a limited 
47.17 	faculty license entitling the holder to practice dentistry within the school and its affiliated 
47.18 	teaching facilities, but only for the purposes of teaching or conducting research. The 
47.19 	practice of dentistry at a school facility for purposes other than teaching or research is not 
47.20 	allowed unless the dentist was a faculty member on August 1, 1993.
47.21 	(c) The board may issue to dentist members of the faculty of a Minnesota school 
47.22 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
47.23 	Accreditation of the American Dental Association a license designated as a full faculty 
47.24 	license entitling the holder to practice dentistry within the school and its affiliated teaching 
47.25 	facilities and elsewhere if the holder of the license is employed 50 percent time or more by 
47.26 	the school in the practice of teaching or research, and upon successful review by the board 
47.27 	of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. 
47.28 	The board, at its discretion, may waive specific licensing prerequisites.

47.29 	Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
47.30 		Subd. 1c.Specialty dentists. (a) The board may grant a one or more specialty 
47.31 	license licenses in the specialty areas of dentistry that are recognized by the American 
47.32 	Dental Association Commission on Dental Accreditation.
47.33 	(b) An applicant for a specialty license shall:
48.1 	(1) have successfully completed a postdoctoral specialty education program 
48.2 	accredited by the Commission on Dental Accreditation of the American Dental 
48.3 	Association, or have announced a limitation of practice before 1967;
48.4 	(2) have been certified by a specialty examining board approved by the Minnesota 
48.5 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
48.6 	licensure required for practice in any state or Canadian province, or in the case of oral and 
48.7 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
48.8 	(3) have been in active practice or a postdoctoral specialty education program or 
48.9 	United States government service at least 2,000 hours in the 36 months prior to applying 
48.10 	for a specialty license;
48.11 	(4) if requested by the board, be interviewed by a committee of the board, which 
48.12 	may include the assistance of specialists in the evaluation process, and satisfactorily 
48.13 	respond to questions designed to determine the applicant's knowledge of dental subjects 
48.14 	and ability to practice;
48.15 	(5) if requested by the board, present complete records on a sample of patients 
48.16 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
48.17 	during the 36 months preceding the date of application. The number of records shall be 
48.18 	established by the board. The records shall be reasonably representative of the treatment 
48.19 	typically provided by the applicant for each specialty area;
48.20 	(6) at board discretion, pass a board-approved English proficiency test if English is 
48.21 	not the applicant's primary language;
48.22 	(7) pass all components of the National Board Dental Examinations;
48.23 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
48.24 	(9) abide by professional ethical conduct requirements; and
48.25 	(10) meet all other requirements prescribed by the Board of Dentistry.
48.26 	(c) The application must include:
48.27 	(1) a completed application furnished by the board;
48.28 	(2) at least two character references from two different dentists for each specialty 
48.29 	area, one of whom must be a dentist practicing in the same specialty area, and the other
48.30 	 from the director of the each specialty program attended;
48.31 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
48.32 	condition;
48.33 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
48.34 	applicant's visual acuity;
48.35 	(5) a nonrefundable fee; and
49.1 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
49.2 	taken not more than six months before the date of application.
49.3 	(d) A specialty dentist holding a one or more specialty license licenses is limited to 
49.4 	practicing in the dentist's designated specialty area or areas. The scope of practice must be 
49.5 	defined by each national specialty board recognized by the American Dental Association
49.6 	 Commission on Dental Accreditation.
49.7 	(e) A specialty dentist holding a general dentist dental license is limited to practicing 
49.8 	in the dentist's designated specialty area or areas if the dentist has announced a limitation 
49.9 	of practice. The scope of practice must be defined by each national specialty board 
49.10 	recognized by the American Dental Association Commission on Dental Accreditation.
49.11 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
49.12 	who intend to limit their practice to a particular specialty area or areas may apply for 
49.13 	a one or more  specialty license licenses.

49.14 	Sec. 31. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
49.15 		Subd. 1d.Dental therapists. A person of good moral character who has graduated 
49.16 	with a baccalaureate degree or a master's degree from a dental therapy education program 
49.17 	that has been approved by the board or accredited by the American Dental Association
49.18 	 Commission on Dental Accreditation or another board-approved national accreditation 
49.19 	organization may apply for licensure.
49.20 	The applicant must submit an application and fee as prescribed by the board and a 
49.21 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
49.22 	the applicant must pass a comprehensive, competency-based clinical examination that is 
49.23 	approved by the board and administered independently of an institution providing dental 
49.24 	therapy education. The applicant must also pass an examination testing the applicant's 
49.25 	knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 
49.26 	applicant who has failed the clinical examination twice is ineligible to retake the clinical 
49.27 	examination until further education and training are obtained as specified by the board. A 
49.28 	separate, nonrefundable fee may be charged for each time a person applies. An applicant 
49.29 	who passes the examination in compliance with subdivision 2b, abides by professional 
49.30 	ethical conduct requirements, and meets all the other requirements of the board shall 
49.31 	be licensed as a dental therapist.

49.32 	Sec. 32. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
49.33 		Subd. 2.Dental hygienists. A person of good moral character, who has graduated 
49.34 	from a dental hygiene program accredited by the Commission on Dental Accreditation of 
50.1 	the American Dental Association and established in an institution accredited by an agency 
50.2 	recognized by the United States Department of Education to offer college-level programs, 
50.3 	may apply for licensure. The dental hygiene program must provide a minimum of two 
50.4 	academic years of dental hygiene education. The applicant must submit an application and 
50.5 	fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being 
50.6 	licensed, the applicant must pass the National Board of Dental Hygiene examination and a 
50.7 	board approved examination designed to determine the applicant's clinical competency. In 
50.8 	the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants 
50.9 	shall take the examination before applying to the board for licensure. The applicant must 
50.10 	also pass an examination testing the applicant's knowledge of the laws of Minnesota relating 
50.11 	to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake 
50.12 	the clinical examination required by the board after failing it twice until further education 
50.13 	and training are obtained as specified by board rule. A separate, nonrefundable fee may 
50.14 	be charged for each time a person applies. An applicant who passes the examination in 
50.15 	compliance with subdivision 2b, abides by professional ethical conduct requirements, and 
50.16 	meets all the other requirements of the board shall be licensed as a dental hygienist.

50.17 	Sec. 33. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
50.18 		Subd. 2a.Licensed dental assistant. A person of good moral character, who has 
50.19 	graduated from a dental assisting program accredited by the Commission on Dental 
50.20 	Accreditation of the American Dental Association, may apply for licensure. The applicant 
50.21 	must submit an application and fee as prescribed by the board and the diploma or 
50.22 	certificate of dental assisting. In the case of examinations conducted pursuant to section 
50.23 	150A.03, subdivision 1, applicants shall take the examination before applying to the board 
50.24 	for licensure. The examination shall include an examination of the applicant's knowledge 
50.25 	of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is 
50.26 	ineligible to retake the licensure examination required by the board after failing it twice 
50.27 	until further education and training are obtained as specified by board rule. A separate, 
50.28 	nonrefundable fee may be charged for each time a person applies. An applicant who 
50.29 	passes the examination in compliance with subdivision 2b, abides by professional ethical 
50.30 	conduct requirements, and meets all the other requirements of the board shall be licensed 
50.31 	as a dental assistant.

50.32 	Sec. 34. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
50.33 		Subd. 2d.Continuing education and professional development waiver. (a) The 
50.34 	board shall grant a waiver to the continuing education requirements under this chapter for 
51.1 	a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental 
51.2 	assistant who documents to the satisfaction of the board that the dentist, dental therapist, 
51.3 	dental hygienist, or licensed dental assistant has retired from active practice in the state 
51.4 	and limits the provision of dental care services to those offered without compensation 
51.5 	in a public health, community, or tribal clinic or a nonprofit organization that provides 
51.6 	services to the indigent or to recipients of medical assistance, general assistance medical 
51.7 	care, or MinnesotaCare programs.
51.8 	(b) The board may require written documentation from the volunteer and retired 
51.9 	dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting 
51.10 	this waiver.
51.11 	(c) The board shall require the volunteer and retired dentist, dental therapist, dental 
51.12 	hygienist, or licensed dental assistant to meet the following requirements:
51.13 	(1) a licensee seeking a waiver under this subdivision must complete and document 
51.14 	at least five hours of approved courses in infection control, medical emergencies, and 
51.15 	medical management for the continuing education cycle; and
51.16 	(2) provide documentation of current CPR certification from completion of the 
51.17 	American Heart Association healthcare provider course, or the American Red Cross 
51.18 	professional rescuer course, or an equivalent entity.

51.19 	Sec. 35. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
51.20 		Subd. 3.Waiver of examination. (a) All or any part of the examination for 
51.21 	dentists or dental hygienists, except that pertaining to the law of Minnesota relating to 
51.22 	dentistry and the rules of the board, may, at the discretion of the board, be waived for an 
51.23 	applicant who presents a certificate of having passed all components of the National Board 
51.24 	Dental Examinations or evidence of having maintained an adequate scholastic standing 
51.25 	as determined by the board, in dental school as to dentists, or dental hygiene school as 
51.26 	to dental hygienists.
51.27 	(b) The board shall waive the clinical examination required for licensure for any 
51.28 	dentist applicant who is a graduate of a dental school accredited by the Commission on 
51.29 	Dental Accreditation of the American Dental Association, who has passed all components 
51.30 	of the National Board Dental Examinations, and who has satisfactorily completed a 
51.31 	Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced 
51.32 	education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral 
51.33 	program must be accredited by the Commission on Dental Accreditation of the American 
51.34 	Dental Association, be of at least one year's duration, and include an outcome assessment 
51.35 	evaluation assessing the resident's competence to practice dentistry. The board may require 
52.1 	the applicant to submit any information deemed necessary by the board to determine 
52.2 	whether the waiver is applicable. The board may waive the clinical examination for an 
52.3 	applicant who meets the requirements of this paragraph and has satisfactorily completed an 
52.4 	accredited postdoctoral general dentistry residency program located outside of Minnesota.

52.5 	Sec. 36. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
52.6 		Subd. 8.Licensure by credentials. (a) Any dental assistant may, upon application 
52.7 	and payment of a fee established by the board, apply for licensure based on an evaluation 
52.8 	of the applicant's education, experience, and performance record in lieu of completing a 
52.9 	board-approved dental assisting program for expanded functions as defined in rule, and 
52.10 	may be interviewed by the board to determine if the applicant:
52.11 	(1) has graduated from an accredited dental assisting program accredited by the 
52.12 	Commission of on Dental Accreditation of the American Dental Association, or is 
52.13 	currently certified by the Dental Assisting National Board;
52.14 	(2) is not subject to any pending or final disciplinary action in another state or 
52.15 	Canadian province, or if not currently certified or registered, previously had a certification 
52.16 	or registration in another state or Canadian province in good standing that was not subject 
52.17 	to any final or pending disciplinary action at the time of surrender;
52.18 	(3) is of good moral character and abides by professional ethical conduct 
52.19 	requirements;
52.20 	(4) at board discretion, has passed a board-approved English proficiency test if 
52.21 	English is not the applicant's primary language; and
52.22 	(5) has met all expanded functions curriculum equivalency requirements of a 
52.23 	Minnesota board-approved dental assisting program.
52.24 	(b) The board, at its discretion, may waive specific licensure requirements in 
52.25 	paragraph (a).
52.26 	(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 
52.27 	minimum knowledge in dental subjects required for licensure under subdivision 2a must 
52.28 	be licensed to practice the applicant's profession.
52.29 	(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 
52.30 	required for licensure under subdivision 2a, the application must be denied. If licensure is 
52.31 	denied, the board may notify the applicant of any specific remedy that the applicant could 
52.32 	take which, when passed, would qualify the applicant for licensure. A denial does not 
52.33 	prohibit the applicant from applying for licensure under subdivision 2a.
52.34 	(e) A candidate whose application has been denied may appeal the decision to the 
52.35 	board according to subdivision 4a.

53.1 	Sec. 37. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
53.2 		Subd. 3.Initial license or permit fees. Along with the application fee, each of the 
53.3 	following applicants shall submit a separate prorated initial license or permit fee. The 
53.4 	prorated initial fee shall be established by the board based on the number of months of the 
53.5 	applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to 
53.6 	exceed the following monthly nonrefundable fee amounts:
53.7 	(1) dentist or full faculty dentist, $14 times the number of months of the initial 
53.8 	term $168;
53.9 	(2) dental therapist, $10 times the number of months of the initial term $120;
53.10 	(3) dental hygienist, $5 times the number of months of the initial term $60;
53.11 	(4) licensed dental assistant, $3 times the number of months of the initial term
53.12 	 $36; and
53.13 	(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500, 
53.14 	subpart 3, $1 times the number of months of the initial term $12.

53.15 	Sec. 38. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
53.16 		Subd. 8.Duplicate license or certificate fee. Each applicant shall submit, with 
53.17 	a request for issuance of a duplicate of the original license, or of an annual or biennial 
53.18 	renewal certificate for a license or permit, a fee in the following amounts:
53.19 	(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental 
53.20 	assistant license, $35; and
53.21 	(2) annual or biennial renewal certificates, $10.; and
53.22 	(3) wallet-sized license and renewal certificate, $15.

53.23 	Sec. 39. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to 
53.24 	read:
53.25 		Subd. 16.Failure of professional development portfolio audit. A licensee shall 
53.26 	submit a fee as established by the board not to exceed the amount of $250 after failing two 
53.27 	consecutive professional development portfolio audits and, thereafter, for each failed (a) If 
53.28 	a licensee fails a professional development portfolio audit under Minnesota Rules, part 
53.29 	3100.5300., the board is authorized to take the following actions:
53.30 	(1) for the first failure, the board may issue a warning to the licensee;
53.31 	(2) for the second failure within ten years, the board may assess a penalty of not 
53.32 	more than $250; and
53.33 	(3) for any additional failures within the ten-year period, the board may assess a 
53.34 	penalty of not more than $1,000.
54.1 	(b) In addition to the penalty fee, the board may initiate the complaint process to 
54.2 	address multiple failed audits.

54.3 	Sec. 40. Minnesota Statutes 2012, section 150A.10, is amended to read:
54.4 	150A.10 ALLIED DENTAL PERSONNEL.
54.5 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
54.6 	public institution, or school authority may obtain services from a licensed dental hygienist. 
54.7 	The licensed dental hygienist may provide those services defined in section 150A.05, 
54.8 	subdivision 1a. The services provided shall not include the establishment of a final 
54.9 	diagnosis or treatment plan for a dental patient. All services shall be provided under 
54.10 	supervision of a licensed dentist. Any licensed dentist who shall permit any dental service 
54.11 	by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed 
54.12 	to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental 
54.13 	service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
54.14 		Subd. 1a.Limited authorization for dental hygienists. (a) Notwithstanding 
54.15 	subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 
54.16 	by a health care facility, program, or nonprofit organization to perform dental hygiene 
54.17 	services described under paragraph (b) without the patient first being examined by a 
54.18 	licensed dentist if the dental hygienist:
54.19 	(1) has been engaged in the active practice of clinical dental hygiene for not less than 
54.20 	2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 
54.21 	200 hours of clinical practice in two of the past three years;
54.22 	(2) has entered into a collaborative agreement with a licensed dentist that designates 
54.23 	authorization for the services provided by the dental hygienist;
54.24 	(3) has documented participation in courses in infection control and medical 
54.25 	emergencies within each continuing education cycle; and
54.26 	(4) maintains current CPR certification from completion of the American Heart 
54.27 	Association healthcare provider course, or the American Red Cross professional rescuer 
54.28 	course, or an equivalent entity.
54.29 	(b) The dental hygiene services authorized to be performed by a dental hygienist 
54.30 	under this subdivision are limited to:
54.31 	(1) oral health promotion and disease prevention education;
54.32 	(2) removal of deposits and stains from the surfaces of the teeth;
54.33 	(3) application of topical preventive or prophylactic agents, including fluoride 
54.34 	varnishes and pit and fissure sealants;
54.35 	(4) polishing and smoothing restorations;
55.1 	(5) removal of marginal overhangs;
55.2 	(6) performance of preliminary charting;
55.3 	(7) taking of radiographs; and
55.4 	(8) performance of scaling and root planing.
55.5 	The dental hygienist may administer injections of local anesthetic agents or nitrous 
55.6 	oxide inhalation analgesia as specifically delegated in the collaborative agreement with 
55.7 	a licensed dentist. The dentist need not first examine the patient or be present. If the 
55.8 	patient is considered medically compromised, the collaborative dentist shall review the 
55.9 	patient record, including the medical history, prior to the provision of these services. 
55.10 	Collaborating dental hygienists may work with unlicensed and licensed dental assistants 
55.11 	who may only perform duties for which licensure is not required. The performance of 
55.12 	dental hygiene services in a health care facility, program, or nonprofit organization as 
55.13 	authorized under this subdivision is limited to patients, students, and residents of the 
55.14 	facility, program, or organization.
55.15 	(c) A collaborating dentist must be licensed under this chapter and may enter into 
55.16 	a collaborative agreement with no more than four dental hygienists unless otherwise 
55.17 	authorized by the board. The board shall develop parameters and a process for obtaining 
55.18 	authorization to collaborate with more than four dental hygienists. The collaborative 
55.19 	agreement must include:
55.20 	(1) consideration for medically compromised patients and medical conditions for 
55.21 	which a dental evaluation and treatment plan must occur prior to the provision of dental 
55.22 	hygiene services;
55.23 	(2) age- and procedure-specific standard collaborative practice protocols, including 
55.24 	recommended intervals for the performance of dental hygiene services and a period of 
55.25 	time in which an examination by a dentist should occur;
55.26 	(3) copies of consent to treatment form provided to the patient by the dental hygienist;
55.27 	(4) specific protocols for the placement of pit and fissure sealants and requirements 
55.28 	for follow-up care to assure the efficacy of the sealants after application; and
55.29 	(5) a procedure for creating and maintaining dental records for the patients that are 
55.30 	treated by the dental hygienist. This procedure must specify where these records are 
55.31 	to be located.
55.32 	The collaborative agreement must be signed and maintained by the dentist, the dental 
55.33 	hygienist, and the facility, program, or organization; must be reviewed annually by the 
55.34 	collaborating dentist and dental hygienist; and must be made available to the board 
55.35 	upon request.
56.1 	(d) Before performing any services authorized under this subdivision, a dental 
56.2 	hygienist must provide the patient with a consent to treatment form which must include a 
56.3 	statement advising the patient that the dental hygiene services provided are not a substitute 
56.4 	for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 
56.5 	to the patient for further dental procedures, the dental hygienist must fill out a referral form 
56.6 	and provide a copy of the form to the collaborating dentist.
56.7 	(e) For the purposes of this subdivision, a "health care facility, program, or 
56.8 	nonprofit organization" is limited to a hospital; nursing home; home health agency; group 
56.9 	home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 
56.10 	commissioner of human services or the commissioner of corrections; and federal, state, or 
56.11 	local public health facility, community clinic, tribal clinic, school authority, Head Start 
56.12 	program, or nonprofit organization that serves individuals who are uninsured or who are 
56.13 	Minnesota health care public program recipients.
56.14 	(f) For purposes of this subdivision, a "collaborative agreement" means a written 
56.15 	agreement with a licensed dentist who authorizes and accepts responsibility for the 
56.16 	services performed by the dental hygienist. The services authorized under this subdivision 
56.17 	and the collaborative agreement may be performed without the presence of a licensed 
56.18 	dentist and may be performed at a location other than the usual place of practice of the 
56.19 	dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 
56.20 	specified in the collaborative agreement.
56.21 		Subd. 2.Dental assistants. Every licensed dentist and dental therapist who uses the 
56.22 	services of any unlicensed person for the purpose of assistance in the practice of dentistry 
56.23 	or dental therapy shall be responsible for the acts of such unlicensed person while engaged 
56.24 	in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to 
56.25 	perform only those acts which are authorized to be delegated to unlicensed assistants 
56.26 	by the Board of Dentistry. The acts shall be performed under supervision of a licensed 
56.27 	dentist or dental therapist. A licensed dental therapist shall not supervise more than four 
56.28 	registered licensed or unlicensed dental assistants at any one practice setting. The board 
56.29 	may permit differing levels of dental assistance based upon recognized educational 
56.30 	standards, approved by the board, for the training of dental assistants. The board may also 
56.31 	define by rule the scope of practice of licensed and unlicensed dental assistants. The 
56.32 	board by rule may require continuing education for differing levels of dental assistants, 
56.33 	as a condition to their license or authority to perform their authorized duties. Any 
56.34 	licensed dentist or dental therapist who permits an unlicensed assistant to perform any 
56.35 	dental service other than that authorized by the board shall be deemed to be enabling an 
57.1 	unlicensed person to practice dentistry, and commission of such an act by an unlicensed 
57.2 	assistant shall constitute a violation of sections 150A.01 to 150A.12.
57.3 		Subd. 3.Dental technicians. Every licensed dentist and dental therapist who uses 
57.4 	the services of any unlicensed person, other than under the dentist's or dental therapist's 
57.5 	supervision and within the same practice setting, for the purpose of constructing, altering, 
57.6 	repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, 
57.7 	prosthetic or other dental appliance, shall be required to furnish such unlicensed person 
57.8 	with a written work order in such form as shall be prescribed by the rules of the board. The 
57.9 	work order shall be made in duplicate form, a duplicate copy to be retained in a permanent 
57.10 	file of the dentist or dental therapist at the practice setting for a period of two years, and 
57.11 	the original to be retained in a permanent file for a period of two years by the unlicensed 
57.12 	person in that person's place of business. The permanent file of work orders to be kept 
57.13 	by the dentist, dental therapist, or unlicensed person shall be open to inspection at any 
57.14 	reasonable time by the board or its duly constituted agent.
57.15 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 
57.16 	2, a licensed dental hygienist or licensed dental assistant may perform the following 
57.17 	restorative procedures:
57.18 	(1) place, contour, and adjust amalgam restorations;
57.19 	(2) place, contour, and adjust glass ionomer;
57.20 	(3) adapt and cement stainless steel crowns; and
57.21 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
57.22 	where the margins are entirely within the enamel.; and
57.23 	(5) place, contour, and adjust class II and class V supragingival composite 
57.24 	restorations on primary teeth.
57.25 	(b) The restorative procedures described in paragraph (a) may be performed only if:
57.26 	(1) the licensed dental hygienist or licensed dental assistant has completed a 
57.27 	board-approved course on the specific procedures;
57.28 	(2) the board-approved course includes a component that sufficiently prepares the 
57.29 	licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly 
57.30 	placed restoration;
57.31 	(3) a licensed dentist or licensed advanced dental therapist has authorized the 
57.32 	procedure to be performed; and
57.33 	(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 
57.34 	while the procedure is being performed.
58.1 	(c) The dental faculty who teaches the educators of the board-approved courses 
58.2 	specified in paragraph (b) must have prior experience teaching these procedures in an 
58.3 	accredited dental education program.

58.4 	Sec. 41. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
58.5 		Subdivision 1.License requirements. The board shall issue a license to practice 
58.6 	podiatric medicine to a person who meets the following requirements:
58.7 	(a) The applicant for a license shall file a written notarized application on forms 
58.8 	provided by the board, showing to the board's satisfaction that the applicant is of good 
58.9 	moral character and satisfies the requirements of this section.
58.10 	(b) The applicant shall present evidence satisfactory to the board of being a graduate 
58.11 	of a podiatric medical school approved by the board based upon its faculty, curriculum, 
58.12 	facilities, accreditation by a recognized national accrediting organization approved by the 
58.13 	board, and other relevant factors.
58.14 	(c) The applicant must have received a passing score on each part of the national board 
58.15 	examinations, parts one and two, prepared and graded by the National Board of Podiatric 
58.16 	Medical Examiners. The passing score for each part of the national board examinations, 
58.17 	parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
58.18 	(d) Applicants graduating after 1986 from a podiatric medical school shall present 
58.19 	evidence satisfactory to the board of the completion of (1) one year of graduate, clinical 
58.20 	residency or preceptorship in a program accredited by a national accrediting organization 
58.21 	approved by the board or (2) other graduate training that meets standards equivalent to 
58.22 	those of an approved national accrediting organization or school of podiatric medicine
58.23 	 of successful completion of a residency program approved by a national accrediting 
58.24 	podiatric medicine organization.
58.25 	(e) The applicant shall appear in person before the board or its designated 
58.26 	representative to show that the applicant satisfies the requirements of this section, 
58.27 	including knowledge of laws, rules, and ethics pertaining to the practice of podiatric 
58.28 	medicine. The board may establish as internal operating procedures the procedures or 
58.29 	requirements for the applicant's personal presentation.
58.30 	(f) The applicant shall pay a fee established by the board by rule. The fee shall 
58.31 	not be refunded.
58.32 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
58.33 	against a licensee. If the applicant does not satisfy the requirements of this paragraph, 
58.34 	the board may refuse to issue a license unless it determines that the public will be 
59.1 	protected through issuance of a license with conditions and limitations the board considers 
59.2 	appropriate.
59.3 	(h) Upon payment of a fee as the board may require, an applicant who fails to pass 
59.4 	an examination and is refused a license is entitled to reexamination within one year of 
59.5 	the board's refusal to issue the license. No more than two reexaminations are allowed 
59.6 	without a new application for a license.

59.7 	Sec. 42. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 
59.8 	to read:
59.9 		Subd. 1a.Relicensure after two-year lapse of practice; reentry program. A 
59.10 	podiatrist seeking licensure or reinstatement of a license after a lapse of continuous 
59.11 	practice of podiatric medicine of greater than two years must reestablish competency by 
59.12 	completing a reentry program approved by the board.

59.13 	Sec. 43. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
59.14 		Subd. 2.Applicants licensed in another state. The board shall issue a license 
59.15 	to practice podiatric medicine to any person currently or formerly licensed to practice 
59.16 	podiatric medicine in another state who satisfies the requirements of this section:
59.17 	(a) The applicant shall satisfy the requirements established in subdivision 1.
59.18 	(b) The applicant shall present evidence satisfactory to the board indicating the 
59.19 	current status of a license to practice podiatric medicine issued by the first state of 
59.20 	licensure and all other states and countries in which the individual has held a license.
59.21 	(c) If the applicant has had a license revoked, engaged in conduct warranting 
59.22 	disciplinary action against the applicant's license, or been subjected to disciplinary action, 
59.23 	in another state, the board may refuse to issue a license unless it determines that the 
59.24 	public will be protected through issuance of a license with conditions or limitations the 
59.25 	board considers appropriate.
59.26 	(d) The applicant shall submit with the license application the following additional 
59.27 	information for the five-year period preceding the date of filing of the application: (1) the 
59.28 	name and address of the applicant's professional liability insurer in the other state; and (2) 
59.29 	the number, date, and disposition of any podiatric medical malpractice settlement or award 
59.30 	made to the plaintiff relating to the quality of podiatric medical treatment.
59.31 	(e) If the license is active, the applicant shall submit with the license application 
59.32 	evidence of compliance with the continuing education requirements in the current state of 
59.33 	licensure.
60.1 	(f) If the license is inactive, the applicant shall submit with the license application 
60.2 	evidence of participation in one-half the same number of hours of acceptable continuing 
60.3 	education required for biennial renewal, as specified under Minnesota Rules, up to five 
60.4 	years. If the license has been inactive for more than two years, the amount of acceptable 
60.5 	continuing education required must be obtained during the two years immediately before 
60.6 	application or the applicant must provide other evidence as the board may reasonably 
60.7 	require.

60.8 	Sec. 44. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
60.9 		Subd. 3.Temporary permit. Upon payment of a fee and in accordance with the 
60.10 	rules of the board, the board may issue a temporary permit to practice podiatric medicine 
60.11 	to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed 
60.12 	12 months. A temporary permit may be extended under the following conditions:
60.13 	(1) the applicant submits acceptable evidence that the training was interrupted by 
60.14 	circumstances beyond the control of the applicant and that the sponsor of the program 
60.15 	agrees to the extension;
60.16 	(2) the applicant is continuing in a residency that extends for more than one year; or
60.17 	(3) the applicant is continuing in a residency that extends for more than two years.
60.18 	 approved by a national accrediting organization. The temporary permit is renewed 
60.19 	annually until the residency training requirements are completed or until the residency 
60.20 	program is terminated or discontinued.

60.21 	Sec. 45. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 
60.22 	to read:
60.23 		Subd. 4.Continuing education. (a) Every podiatrist licensed to practice in this 
60.24 	state shall obtain 40 clock hours of continuing education in each two-year cycle of license 
60.25 	renewal. All continuing education hours must be earned by verified attendance at or 
60.26 	participation in a program or course sponsored by the Council on Podiatric Medical 
60.27 	Education or approved by the board. In each two-year cycle, a maximum of eight hours of 
60.28 	continuing education credits may be obtained through participation in online courses.
60.29 	(b) The number of continuing education hours required during the initial licensure 
60.30 	period is that fraction of 40 hours, to the nearest whole hour, that is represented by the 
60.31 	ratio of the number of days the license is held in the initial licensure period to 730 days.

60.32 	Sec. 46. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK 
60.33 	OF HARM.
61.1 	(a) Notwithstanding any provision of a health-related professional practice act, 
61.2 	when a health-related licensing board receives a complaint regarding a regulated person 
61.3 	and has probable cause to believe continued practice by the regulated person presents 
61.4 	an imminent risk of harm, the licensing board shall temporarily suspend the regulated 
61.5 	person's professional license. The suspension shall take effect upon written notice to the 
61.6 	regulated person and shall specify the reason for the suspension.
61.7 	(b) The suspension shall remain in effect until the appropriate licensing board or 
61.8 	the commissioner completes an investigation and issues a final order in the matter after 
61.9 	a hearing.
61.10 	(c) At the time it issues the suspension notice, the appropriate licensing board  shall 
61.11 	schedule a disciplinary hearing to be held before the licensing board or pursuant to the 
61.12 	Administrative Procedure Act. The regulated person shall be provided with at least 
61.13 	ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
61.14 	scheduled to begin no later than 30 days after issuance of the suspension order.
61.15 	(d) If the board has not completed its investigation and issued a final order within 30 
61.16 	days, the temporary suspension shall be lifted, unless the regulated person requests a delay 
61.17 	in the disciplinary proceedings for any reason, upon which the temporary suspension shall 
61.18 	remain in place until the completion of the investigation.

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

61.20 	Sec. 47. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:
61.21 		Subd. 3.Compensation. (a) Members of the boards may be compensated at the 
61.22 	rate of $55 a day spent on board activities, when authorized by the board, plus expenses 
61.23 	inMembers of health-related licensing boards may be compensated at the rate of $75 a 
61.24 	day spent on board activities and members of nonhealth-related licensing boards may be 
61.25 	compensated at the rate of $55 a day spent on board activities when authorized by the 
61.26 	board, plus expenses in the same manner and amount as authorized by the commissioner's 
61.27 	plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent 
61.28 	attending board meetings, incur child care expenses that would not otherwise have been 
61.29 	incurred, may be reimbursed for those expenses upon board authorization.
61.30 	(b) Members who are state employees or employees of the political subdivisions 
61.31 	of the state must not receive the daily payment for activities that occur during working 
61.32 	hours for which they are also compensated by the state or political subdivision. However, 
61.33 	a state or political subdivision employee may receive the daily payment if the employee 
61.34 	uses vacation time or compensatory time accumulated in accordance with a collective 
61.35 	bargaining agreement or compensation plan for board activity. Members who are state 
62.1 	employees or employees of the political subdivisions of the state may receive the expenses 
62.2 	provided for in this subdivision unless the expenses are reimbursed by another source. 
62.3 	Members who are state employees or employees of political subdivisions of the state 
62.4 	may be reimbursed for child care expenses only for time spent on board activities that 
62.5 	are outside their working hours.
62.6 	(c) Each board must adopt internal standards prescribing what constitutes a day 
62.7 	spent on board activities for purposes of making daily payments under this subdivision.

62.8 	Sec. 48. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
62.9 		Subd. 2.Receipt of complaint. The boards shall receive and resolve complaints 
62.10 	or other communications, whether oral or written, against regulated persons. Before 
62.11 	resolving an oral complaint, the executive director or a board member designated by the 
62.12 	board to review complaints shall require the complainant to state the complaint in writing 
62.13 	or authorize transcribing the complaint. The executive director or the designated board 
62.14 	member shall determine whether the complaint alleges or implies a violation of a statute 
62.15 	or rule which the board is empowered to enforce. The executive director or the designated 
62.16 	board member may consult with the designee of the attorney general as to a board's 
62.17 	jurisdiction over a complaint. If the executive director or the designated board member 
62.18 	determines that it is necessary, the executive director may seek additional information to 
62.19 	determine whether the complaint is jurisdictional or to clarify the nature of the allegations 
62.20 	by obtaining records or other written material, obtaining a handwriting sample from the 
62.21 	regulated person, clarifying the alleged facts with the complainant, and requesting a written 
62.22 	response from the subject of the complaint. The executive director may authorize a field 
62.23 	investigation to clarify the nature of the allegations and the facts that led to the complaint.

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

62.25 	Sec. 49. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
62.26 		Subd. 3.Referral to other agencies. The executive director shall forward to 
62.27 	another governmental agency any complaints received by the board which do not relate 
62.28 	to the board's jurisdiction but which relate to matters within the jurisdiction of another 
62.29 	governmental agency. The agency shall advise the executive director of the disposition 
62.30 	of the complaint. A complaint or other information received by another governmental 
62.31 	agency relating to a statute or rule which a board is empowered to enforce must be 
62.32 	forwarded to the executive director of the board to be processed in accordance with this 
62.33 	section. Governmental agencies may shall coordinate and conduct joint investigations of 
62.34 	complaints that involve more than one governmental agency.

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

63.2 	Sec. 50. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision 
63.3 	to read:
63.4 		Subd. 5.Health professionals services program. The health-related licensing 
63.5 	boards shall include information regarding the health professionals services program 
63.6 	on their Web sites.

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

63.8 	Sec. 51. Minnesota Statutes 2012, section 214.29, is amended to read:
63.9 	214.29 PROGRAM REQUIRED.
63.10 	Notwithstanding section 214.28, each health-related licensing board, including the 
63.11 	Emergency Medical Services Regulatory Board under chapter 144E, shall either conduct a
63.12 	 contract with the  health professionals service program under sections 214.31 to 214.37
63.13 	or contract for a diversion program under section 214.28 for a diversion program for 
63.14 	regulated professionals who are unable to practice with reasonable skill and safety by 
63.15 	reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of 
63.16 	any mental, physical, or psychological condition.

63.17 	EFFECTIVE DATE. This section is effective July 1, 2014, and sunsets July 1, 2015.

63.18 	Sec. 52. Minnesota Statutes 2012, section 214.31, is amended to read:
63.19 	214.31 AUTHORITY.
63.20 	Two or more of the health-related licensing boards listed in section 214.01, 
63.21 	subdivision 2, may jointly Notwithstanding section 214.36, the health professionals 
63.22 	services program shall contract with the health-related licensing boards to conduct a 
63.23 	health professionals services program to protect the public from persons regulated by the 
63.24 	boards who are unable to practice with reasonable skill and safety by reason of illness, 
63.25 	use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, 
63.26 	physical, or psychological condition. The program does not affect a board's authority to 
63.27 	discipline violations of a board's practice act. For purposes of sections 214.31 to 214.37, 
63.28 	the emergency medical services regulatory board shall be included in the definition of a 
63.29 	health-related licensing board under chapter 144E.

63.30 	EFFECTIVE DATE. This section is effective July 1, 2014, and sunsets July 1, 2015.

64.1 	Sec. 53. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision 
64.2 	to read:
64.3 		Subd. 6.Duties of a participating board. Upon receiving a report from the 
64.4 	program manager in accordance with section 214.33, subdivision 3, that a regulated 
64.5 	person has been discharged from the program due to noncompliance based on allegations 
64.6 	that the regulated person has engaged in conduct that might cause risk to the public, when 
64.7 	the participating board has probable cause to believe continued practice by the regulated 
64.8 	person presents an imminent risk of harm, the board shall temporarily suspend the 
64.9 	regulated person's professional license until the completion of a disciplinary investigation. 
64.10 	The board must complete the disciplinary investigation within 30 days of receipt of the 
64.11 	report from the program. If the investigation is not completed by the board within 30 days, 
64.12 	the temporary suspension shall be lifted, unless the regulated person requests a delay in 
64.13 	the disciplinary proceedings for any reason, upon which the temporary suspension shall 
64.14 	remain in place until the completion of the investigation.

64.15 	Sec. 54. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
64.16 		Subd. 3.Program manager. (a) The program manager shall report to the 
64.17 	appropriate participating board a regulated person who:
64.18 	(1)  does not meet program admission criteria,;
64.19 	(2) violates the terms of the program participation agreement, or;
64.20 	(3)  leaves or is discharged from the program except upon fulfilling the terms for 
64.21 	successful completion of the program as set forth in the participation agreement.;
64.22 	(4) is subject to the provisions of sections 214.17 to 214.25;
64.23 	(5) causes identifiable patient harm;
64.24 	(6) unlawfully substitutes or adulterates medications;
64.25 	(7) writes a prescription or causes a prescription to be dispensed in the name of a 
64.26 	person, other than the prescriber, or veterinary patient for the personal use of the prescriber;
64.27 	(8) alters a prescription without the knowledge of the prescriber for the purpose of 
64.28 	obtaining a drug for personal use;
64.29 	(9) unlawfully uses a controlled or mood-altering substance or uses alcohol while 
64.30 	providing patient care or during the period of time in which the regulated person may be 
64.31 	contacted to provide patient care or is otherwise on duty, if current use is the reason for 
64.32 	participation in the program or the use occurs while the regulated person is participating 
64.33 	in the program; or
64.34 	The program manager shall report to the appropriate participating board a regulated 
64.35 	person who(10) is alleged to have committed violations of the person's practice act that 
65.1 	are outside the authority of the health professionals services program as described in 
65.2 	sections 214.31 to 214.37. 
65.3 	(b) The program manager shall inform any reporting person of the disposition of the 
65.4 	person's report to the program.

65.5 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to 
65.6 	violations that occur after the effective date.

65.7 	Sec. 55. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision 
65.8 	to read:
65.9 		Subd. 5.Employer mandatory reporting. (a) An employer of a person regulated 
65.10 	by a health-related licensing board, and a health care institution or other organization 
65.11 	where the regulated person is engaged in providing services, must report to the appropriate 
65.12 	licensing board that a regulated person has diverted narcotics or other controlled 
65.13 	substances in violation of state or federal narcotics or controlled substance law if:
65.14 	(1) the employer, health care institution, or organization making the report has 
65.15 	knowledge of the diversion; and
65.16 	(2) the regulated person has diverted narcotics or other controlled substances 
65.17 	from the reporting employer, health care institution, or organization, or at the reporting 
65.18 	institution or organization.
65.19 	(b) The requirement to report under this subdivision does not apply if:
65.20 	(1) the regulated person is self-employed;
65.21 	(2) the knowledge was obtained in the course of a professional-patient relationship 
65.22 	and the regulated person is the patient; or
65.23 	(3) knowledge of the diversion first becomes known to the employer, health care 
65.24 	institution, or other organization, either from (i) an individual who is serving as a work 
65.25 	site monitor approved by the health professional services program for the regulated 
65.26 	person who has self-reported to the health professional services program, and who 
65.27 	has returned to work pursuant to a health professional services program participation 
65.28 	agreement and monitoring plan; or (ii) the regulated person who has self-reported to the 
65.29 	health professional services program and who has returned to work pursuant to the health 
65.30 	professional services program participation agreement and monitoring plan.

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

65.32 	Sec. 56. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
66.1 	Each health-related licensing board, including the Emergency Medical Services 
66.2 	Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action 
66.3 	if a regulated person violates the terms of the health professionals services program 
66.4 	participation agreement or leaves the program except upon fulfilling the terms for 
66.5 	successful completion of the program as set forth in the participation agreement.

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

66.7 	Sec. 57. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
66.8 	364.09 EXCEPTIONS.
66.9 	(a) This chapter does not apply to the licensing process for peace officers; to law 
66.10 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 
66.11 	protection agencies; to eligibility for a private detective or protective agent license; to the 
66.12 	licensing and background study process under chapters 245A and 245C; to eligibility 
66.13 	for school bus driver endorsements; to eligibility for special transportation service 
66.14 	endorsements; to eligibility for a commercial driver training instructor license, which is 
66.15 	governed by section 171.35 and rules adopted under that section; to emergency medical 
66.16 	services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 
66.17 	applicant for the license has been discharged from sentence for a conviction within the ten 
66.18 	years immediately preceding application of a violation of any of the following:
66.19 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
66.20 	subdivision 2 or 3;
66.21 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
66.22 	15 years or more; or
66.23 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
66.24 	the scene of an accident, or reckless or careless driving.
66.25 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
66.26 	the offense involved child physical or sexual abuse or criminal sexual conduct.
66.27 	(b) This chapter does not apply to a school district or to eligibility for a license 
66.28 	issued or renewed by the Board of Teaching or the commissioner of education.
66.29 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
66.30 	Training Board or the state fire marshal from recommending policies set forth in this 
66.31 	chapter to the attorney general for adoption in the attorney general's discretion to apply to 
66.32 	law enforcement or fire protection agencies.
66.33 	(d) This chapter does not apply to a license to practice medicine that has been denied 
66.34 	or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
67.1 	(e) This chapter does not apply to any person who has been denied a license to 
67.2 	practice chiropractic or whose license to practice chiropractic has been revoked by the 
67.3 	board in accordance with section 148.10, subdivision 7.
67.4 	(f) This chapter does not apply to any license, registration, or permit that has 
67.5 	been denied or revoked by the Board of Nursing in accordance with section 148.261, 
67.6 	subdivision 1a.
67.7 	(f) (g) This chapter does not supersede a requirement under law to conduct a 
67.8 	criminal history background investigation or consider criminal history records in hiring 
67.9 	for particular types of employment.

67.10 	Sec. 58. REVISOR'S INSTRUCTION.
 67.11 	(a) The revisor of statutes shall remove cross-references to the sections repealed in 
67.12 	this article wherever they appear in Minnesota Statutes and Minnesota Rules and make 
67.13 	changes necessary to correct the punctuation, grammar, or structure of the remaining text 
67.14 	and preserve its meaning.
67.15 	(b) The revisor of statutes shall change the term "physician's assistant" to "physician 
67.16 	assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.

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

67.18 	Sec. 59.  REPEALER.
 67.19 	(a) Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision 
67.20 	2; and 148.7813, are repealed.
67.21 	(b) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed the day 
67.22 	following final enactment.
67.23 	(c) Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are 
67.24 	repealed.

67.25 	ARTICLE 5
67.26 	BOARD OF PHARMACY

67.27 	Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
67.28 	151.01 DEFINITIONS.
67.29 		Subdivision 1.Words, terms, and phrases. Unless the language or context clearly 
67.30 	indicates that a different meaning is intended, the following words, terms, and phrases, for 
67.31 	the purposes of this chapter, shall be given the meanings subjoined to them.
68.1 		Subd. 2.Pharmacy. "Pharmacy" means an established a place of business in 
68.2 	which prescriptions,prescription drugs, medicines, chemicals, and poisons are prepared, 
68.3 	compounded, or dispensed, vended, or sold to or for the use of patients by or under 
68.4 	the supervision of a pharmacist and from which related clinical pharmacy services are 
68.5 	delivered.
68.6 		Subd. 2a.Limited service pharmacy. "Limited service pharmacy" means a 
68.7 	pharmacy that has been issued a restricted license by the board to perform a limited range 
68.8 	of the activities that constitute the practice of pharmacy.
68.9 		Subd. 3.Pharmacist. The term "Pharmacist" means an individual with a currently 
68.10 	valid license issued by the Board of Pharmacy to practice pharmacy.
68.11 		Subd. 5.Drug. The term "Drug" means all medicinal substances and preparations 
68.12 	recognized by the United States Pharmacopoeia and National Formulary, or any revision 
68.13 	thereof, vaccines and biologicals, and all substances and preparations intended for external 
68.14 	and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 
68.15 	humans or other animals, and all substances and preparations, other than food, intended to 
68.16 	affect the structure or any function of the bodies of humans or other animals. The term drug 
68.17 	shall also mean any compound, substance, or derivative that is not approved for human 
68.18 	consumption by the United States Food and Drug Administration or specifically permitted 
68.19 	for human consumption under Minnesota law, and, when introduced into the body, induces 
68.20 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
68.21 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
68.22 	regardless of whether the substance is marketed for the purpose of human consumption.
68.23 		Subd. 6.Medicine. The term "Medicine" means any remedial agent that has the 
68.24 	property of curing, preventing, treating, or mitigating diseases, or that is used for that 
68.25 	purpose.
68.26 		Subd. 7.Poisons. The term "Poisons" means any substance which that, when 
68.27 	introduced into the system, directly or by absorption, produces violent, morbid, or fatal 
68.28 	changes, or which that destroys living tissue with which it comes in contact.
68.29 		Subd. 8.Chemical. The term "Chemical" means all medicinal or industrial 
68.30 	substances, whether simple or compound, or obtained through the process of the science 
68.31 	and art of chemistry, whether of organic or inorganic origin.
68.32 		Subd. 9.Board or State Board of Pharmacy. The term "Board" or "State Board of 
68.33 	Pharmacy" means the Minnesota State Board of Pharmacy.
68.34 		Subd. 10.Director. The term "Director" means the executive director of the 
68.35 	Minnesota State Board of Pharmacy.
69.1 		Subd. 11.Person. The term "Person" means an individual, firm, partnership, 
69.2 	company, corporation, trustee, association, agency, or other public or private entity.
69.3 		Subd. 12.Wholesale. The term "Wholesale" means and includes any sale for the 
69.4 	purpose of resale.
69.5 		Subd. 13.Commercial purposes. The phrase "Commercial purposes" means the 
69.6 	ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 
69.7 	of medicine and, pharmacy, and other health care professions.
69.8 		Subd. 14.Manufacturing. The term "Manufacturing" except in the case of bulk 
69.9 	compounding, prepackaging or extemporaneous compounding within a pharmacy, means 
69.10 	and includes the production, quality control and standardization by mechanical, physical, 
69.11 	chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 
69.12 	relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 
69.13 	without exception, for medicinal purposes. preparation, propagation, conversion, or 
69.14 	processing of a drug, either directly or indirectly, by extraction from substances of natural 
69.15 	origin or independently by means of chemical or biological synthesis. Manufacturing 
69.16 	includes the packaging or repackaging of a drug, or the labeling or relabeling of 
69.17 	the container of a drug, for resale by pharmacies, practitioners, or other persons. 
69.18 	Manufacturing does not include the prepackaging, extemporaneous compounding, or 
69.19 	anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, 
69.20 	nor the labeling of a container within a pharmacy or by a practitioner for the purpose of 
69.21 	dispensing a drug to a patient pursuant to a valid prescription.
69.22 		Subd. 14a.Manufacturer. "Manufacturer" means any person engaged in 
69.23 	manufacturing.
69.24 		Subd. 14b.Outsourcing facility. "Outsourcing facility" means a facility that is 
69.25 	registered by the United States Food and Drug Administration pursuant to United States 
69.26 	Code, title 21, section 353b.
69.27 		Subd. 15.Pharmacist intern. The term "Pharmacist intern" means (1) a natural 
69.28 	person satisfactorily progressing toward the degree in pharmacy required for licensure, or 
69.29 	(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 
69.30 	college approved by the board, who is registered by the State Board of Pharmacy for the 
69.31 	purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 
69.32 	or (3) a qualified applicant awaiting examination for licensure.
69.33 		Subd. 15a.Pharmacy technician. The term "Pharmacy technician" means a person 
69.34 	not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 
69.35 	preparation and dispensing of medications by performing computer entry of prescription 
70.1 	data and other manipulative tasks. A pharmacy technician shall not perform tasks 
70.2 	specifically reserved to a licensed pharmacist or requiring professional judgment.
70.3 		Subd. 16.Prescription drug order. The term "Prescription drug order" means a 
70.4 	signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
70.5 	 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 
70.6 	practice, issued for an individual patient and containing the following: the date of issue, 
70.7 	name and address of the patient, name and quantity of the drug prescribed, directions 
70.8 	for use, and the name and address of the prescriber. for a drug for a specific patient. 
70.9 	Prescription drug orders for controlled substances must be prepared in accordance with the 
70.10 	provisions of section 152.11 and the federal Controlled Substances Act and the regulations 
70.11 	promulgated thereunder.
70.12 		Subd. 16a.Prescription. "Prescription" means a prescription drug order that is 
70.13 	written or printed on paper, an oral order reduced to writing by a pharmacist, or an 
70.14 	electronic order. To be valid, a prescription must be issued for an individual patient by 
70.15 	a practitioner within the scope and usual course of the practitioner's practice, and must 
70.16 	contain the date of issue, name and address of the patient, name and quantity of the drug 
70.17 	prescribed, directions for use, the name and address of the practitioner, and a telephone 
70.18 	number at which the practitioner can be reached. A prescription written or printed on 
70.19 	paper that is given to the patient or an agent of the patient or that is transmitted by fax 
70.20 	must contain the practitioner's manual signature. An electronic prescription must contain 
70.21 	the practitioner's electronic signature.
70.22 		Subd. 16b.Chart order. "Chart order" means a prescription drug order for a 
70.23 	drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct 
70.24 	supervision of a pharmacist, and administered by an authorized person only during the 
70.25 	patient's stay in a hospital or long-term care facility. The chart order shall contain the name 
70.26 	of the patient, another patient identifier such as birth date or medical record number, the 
70.27 	drug ordered, and any directions that the practitioner may prescribe concerning strength, 
70.28 	dosage, frequency, and route of administration. The manual or electronic signature of the 
70.29 	practitioner must be affixed to the chart order at the time it is written or at a later date in 
70.30 	the case of verbal chart orders.
70.31 		Subd. 17.Legend drug. "Legend drug" means a drug whichthat is required by 
70.32 	federal law to bear the following statement, "Caution: Federal law prohibits dispensing 
70.33 	without prescription." be dispensed only pursuant to the prescription of a licensed 
70.34 	practitioner.
70.35 		Subd. 18.Label. "Label" means a display of written, printed, or graphic matter 
70.36 	upon the immediate container of any drug or medicine; and a requirement made by or 
71.1 	under authority of Laws 1969, chapter 933 that. Any word, statement, or other information 
71.2 	appearing required by or under the authority of this chapter to appear on the label shall not 
71.3 	be considered to be complied with unless such word, statement, or other information also 
71.4 	appears appear on the outside container or wrapper, if any there be, of the retail package of 
71.5 	such drug or medicine, or is be easily legible through the outside container or wrapper.
71.6 		Subd. 19.Package. "Package" means any container or wrapping in which any 
71.7 	drug or medicine is enclosed for use in the delivery or display of that article to retail 
71.8 	purchasers, but does not include:
71.9 	(a) shipping containers or wrappings used solely for the transportation of any such 
71.10 	article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 
71.11 	retail distributors;
71.12 	(b) shipping containers or outer wrappings used by retailers to ship or deliver any 
71.13 	such article to retail customers if such containers and wrappings bear no printed matter 
71.14 	pertaining to any particular drug or medicine.
71.15 		Subd. 20.Labeling. "Labeling" means all labels and other written, printed, or 
71.16 	graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 
71.17 	accompanying such article.
71.18 		Subd. 21.Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 
71.19 	Act, United States Code, title 21, section 301, et seq., as amended.
71.20 		Subd. 22.Pharmacist in charge. "Pharmacist in charge" means a duly licensed 
71.21 	pharmacist in the state of Minnesota who has been designated in accordance with the rules 
71.22 	of the State Board of Pharmacy to assume professional responsibility for the operation 
71.23 	of the pharmacy in compliance with the requirements and duties as established by the 
71.24 	board in its rules.
71.25 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
71.26 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
71.27 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 
71.28 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraphs 
71.29 	(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 
71.30 	prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 
71.31 	authorized to prescribe, dispense, and administer under section 148.235. For purposes of 
71.32 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraph 
71.33 	(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 
71.34 	administer under chapter 150A.
71.35 		Subd. 24.Brand name. "Brand name" means the registered trademark name given 
71.36 	to a drug product by its manufacturer, labeler or distributor.
72.1 		Subd. 25.Generic name. "Generic name" means the established name or official 
72.2 	name of a drug or drug product.
72.3 		Subd. 26.Finished dosage form. "Finished dosage form" means that form of a 
72.4 	drug which that is or is intended to be dispensed or administered to the patient and requires 
72.5 	no further manufacturing or processing other than packaging, reconstitution, or labeling.
72.6 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
72.7 	(1) interpretation and evaluation of prescription drug orders;
72.8 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by 
72.9 	a manufacturer or packager of nonprescription drugs or commercially packaged legend 
72.10 	drugs and devices);
72.11 	(3) participation in clinical interpretations and monitoring of drug therapy for 
72.12 	assurance of safe and effective use of drugs, including the performance of laboratory tests 
72.13 	that are waived under the federal Clinical Laboratory Improvement Act of 1988, United 
72.14 	States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the 
72.15 	results of laboratory tests but may modify drug therapy only pursuant to a protocol or 
72.16 	collaborative practice agreement;
72.17 	(4) participation in drug and therapeutic device selection; drug administration for first 
72.18 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
72.19 	(5) participation in administration of influenza vaccines to all eligible individuals ten 
72.20 	years of age and older and all other vaccines to patients 18 years of age and older under 
72.21 	standing orders from a physician licensed under chapter 147 or by written protocol with a 
72.22 	physician licensed under chapter 147, a physician assistant authorized to prescribe drugs 
72.23 	under chapter 147A, or an advanced practice registered nurse authorized to prescribe 
72.24 	drugs under section 148.235, provided that:
72.25 	(i) the protocol includes, at a minimum:
72.26 	(A) the name, dose, and route of each vaccine that may be given;
72.27 	(B) the patient population for whom the vaccine may be given;
72.28 	(C) contraindications and precautions to the vaccine;
72.29 	(D) the procedure for handling an adverse reaction;
72.30 	(E) the name, signature, and address of the physician, physician assistant, or 
72.31 	advanced practice registered nurse;
72.32 	(F) a telephone number at which the physician, physician assistant, or advanced 
72.33 	practice registered nurse can be contacted; and
72.34 	(G) the date and time period for which the protocol is valid;
72.35 	(i) (ii) the pharmacist is trained in has successfully completed a program approved 
72.36 	by the American Accreditation Council of Pharmaceutical for Pharmacy Education 
73.1 	specifically for the administration of immunizations or graduated from a college of 
73.2 	pharmacy in 2001 or thereafter a program approved by the board; and
73.3 	(ii) (iii) the pharmacist reports the administration of the immunization to the patient's 
73.4 	primary physician or clinic or to the Minnesota Immunization Information Connection; and
73.5 	(iv) the pharmacist complies with guidelines for vaccines and immunizations 
73.6 	established by the federal Advisory Committee on Immunization Practices, except that a 
73.7 	pharmacist does not need to comply with those portions of the guidelines that establish 
73.8 	immunization schedules when administering a vaccine pursuant to a valid, patient-specific 
73.9 	order issued by a physician licensed under chapter 147, a physician assistant authorized to 
73.10 	prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe 
73.11 	drugs under section 148.235, provided that the order is consistent with the United States 
73.12 	Food and Drug Administration approved labeling of the vaccine;
73.13 	(6) participation in the practice of managing drug therapy and modifying initiation, 
73.14 	management, modification, and discontinuation of drug therapy, according to section 
73.15 	151.21, subdivision 1, according to a written protocol or collaborative practice agreement 
73.16 	between the specific pharmacist: (i) one or more pharmacists and the individual dentist, 
73.17 	optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 
73.18 	care and authorized to independently prescribe drugs one or more dentists, optometrists, 
73.19 	physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more 
73.20 	physician assistants authorized to prescribe, dispense, and administer under chapter 147A, 
73.21 	or advanced practice nurses authorized to prescribe, dispense, and administer under 
73.22 	section 148.235. Any significant changes in drug therapy made pursuant to a protocol or 
73.23 	collaborative practice agreement must be reported documented by the pharmacist to in
73.24 	 the patient's medical record or reported by the pharmacist to a practitioner responsible 
73.25 	for the patient's care;
73.26 	(7) participation in the storage of drugs and the maintenance of records;
73.27 	(8) responsibility for participation in patient counseling on therapeutic values, 
73.28 	content, hazards, and uses of drugs and devices; and
73.29 	(9) offering or performing those acts, services, operations, or transactions necessary 
73.30 	in the conduct, operation, management, and control of a pharmacy.
73.31 		Subd. 27a.Protocol. "Protocol" means:
73.32 	(1) a specific written plan that describes the nature and scope of activities that a 
73.33 	pharmacist may engage in when initiating, managing, modifying, or discontinuing drug 
73.34 	therapy as allowed in subdivision 27, clause (6); or
73.35 	(2) a specific written plan that authorizes a pharmacist to administer vaccines and 
73.36 	that complies with subdivision 27, clause (5).
74.1 		Subd. 27b.Collaborative practice. "Collaborative practice" means patient care 
74.2 	activities, consistent with subdivision 27, engaged in by one or more pharmacists who 
74.3 	have agreed to work in collaboration with one or more practitioners to initiate, manage, 
74.4 	and modify drug therapy under specified conditions mutually agreed to by the pharmacists 
74.5 	and practitioners.
74.6 		Subd. 27c.Collaborative practice agreement. "Collaborative practice agreement" 
74.7 	means a written and signed agreement between one or more pharmacists and one or more 
74.8 	practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
74.9 		Subd. 28.Veterinary legend drug. "Veterinary legend drug" means a drug that is 
74.10 	required by federal law to bear the following statement: "Caution: Federal law restricts 
74.11 	this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant 
74.12 	to the prescription of a licensed veterinarian.
74.13 		Subd. 29.Legend medical gas. "Legend medical gas" means a liquid or gaseous 
74.14 	substance used for medical purposes and that is required by federal law to bear the 
74.15 	following statement: "Caution: Federal law prohibits dispensing without a prescription."
74.16 	 be dispensed only pursuant to the prescription of a licensed practitioner.
74.17 		Subd. 30.Dispense or dispensing. "Dispense or dispensing" means the preparation 
74.18 	or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 
74.19 	appropriately labeled for subsequent administration to or use by a patient or other individual 
74.20 	entitled to receive the drug. interpretation, evaluation, and processing of a prescription 
74.21 	drug order and includes those processes specified by the board in rule that are necessary 
74.22 	for the preparation and provision of a drug to a patient or patient's agent in a suitable 
74.23 	container appropriately labeled for subsequent administration to, or use by, a patient.
74.24 		Subd. 31.Central service pharmacy. "Central service pharmacy" means a 
74.25 	pharmacy that may provide dispensing functions, drug utilization review, packaging, 
74.26 	labeling, or delivery of a prescription product to another pharmacy for the purpose of 
74.27 	filling a prescription.
74.28 		Subd. 32.Electronic signature. "Electronic signature" means an electronic sound, 
74.29 	symbol, or process attached to or associated with a record and executed or adopted by a 
74.30 	person with the intent to sign the record.
74.31 		Subd. 33.Electronic transmission. "Electronic transmission" means transmission 
74.32 	of information in electronic form.
74.33 		Subd. 34.Health professional shortage area. "Health professional shortage area" 
74.34 	means an area designated as such by the federal Secretary of Health and Human Services, 
74.35 	as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 
74.36 	title 42, section 254E.
75.1 		Subd. 35.Compounding. "Compounding" means preparing, mixing, assembling, 
75.2 	packaging, and labeling a drug for an identified individual patient as a result of 
75.3 	a practitioner's prescription drug order. Compounding also includes anticipatory 
75.4 	compounding, as defined in this section, and the preparation of drugs in which all bulk 
75.5 	drug substances and components are nonprescription substances. Compounding does 
75.6 	not include mixing or reconstituting a drug according to the product's labeling or to the 
75.7 	manufacturer's directions. Compounding does not include the preparation of a drug for the 
75.8 	purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug 
75.9 	is not prepared for dispensing or administration to patients. All compounding, regardless 
75.10 	of the type of product, must be done pursuant to a prescription drug order unless otherwise 
75.11 	permitted in this chapter or by the rules of the board. Compounding does not include a 
75.12 	minor deviation from such directions with regard to radioactivity, volume, or stability, 
75.13 	which is made by or under the supervision of a licensed nuclear pharmacist or a physician, 
75.14 	and which is necessary in order to accommodate circumstances not contemplated in the 
75.15 	manufacturer's instructions, such as the rate of radioactive decay or geographical distance 
75.16 	from the patient.
75.17 		Subd. 36.Anticipatory compounding. "Anticipatory compounding" means the 
75.18 	preparation by a pharmacy of a supply of a compounded drug product that is sufficient to 
75.19 	meet the short-term anticipated need of the pharmacy for the filling of prescription drug 
75.20 	orders. In the case of practitioners only, anticipatory compounding means the preparation 
75.21 	of a supply of a compounded drug product that is sufficient to meet the practitioner's 
75.22 	short-term anticipated need for dispensing or administering the drug to patients treated 
75.23 	by the practitioner. Anticipatory compounding is not the preparation of a compounded 
75.24 	drug product for wholesale distribution.
75.25 		Subd. 37.Extemporaneous compounding. "Extemporaneous compounding" 
75.26 	means the compounding of a drug product pursuant to a prescription drug order for a specific 
75.27 	patient that is issued in advance of the compounding. Extemporaneous compounding is 
75.28 	not the preparation of a compounded drug product for wholesale distribution.
75.29 		Subd. 38.Compounded positron emission tomography drug. "Compounded 
75.30 	positron emission tomography drug" means a drug that:
75.31 	(1) exhibits spontaneous disintegration of unstable nuclei by the emission of 
75.32 	positrons and is used for the purpose of providing dual photon positron emission 
75.33 	tomographic diagnostic images;
75.34 	(2) has been compounded by or on the order of a practitioner in accordance with the 
75.35 	relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, 
75.36 	teaching, or quality control; and
76.1 	(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, 
76.2 	accelerator, target material, electronic synthesizer, or other apparatus or computer program 
76.3 	to be used in the preparation of such a drug.

76.4 	Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
76.5 	151.06 POWERS AND DUTIES.
76.6 		Subdivision 1.Generally; rules. (a) Powers and duties. The Board of Pharmacy 
76.7 	shall have the power and it shall be its duty:
76.8 	(1) to regulate the practice of pharmacy;
76.9 	(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
76.10 	(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 
76.11 	dispensed in this state, using the United States Pharmacopeia and the National Formulary, 
76.12 	or any revisions thereof, or standards adopted under the federal act as the standard;
76.13 	(4) to enter and inspect by its authorized representative any and all places where 
76.14 	drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 
76.15 	away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 
76.16 	or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 
76.17 	after paying or offering to pay for such sample; it shall be entitled to inspect and make 
76.18 	copies of any and all records of shipment, purchase, manufacture, quality control, and 
76.19 	sale of these items provided, however, that such inspection shall not extend to financial 
76.20 	data, sales data, or pricing data;
76.21 	(5) to examine and license as pharmacists all applicants whom it shall deem qualified 
76.22 	to be such;
76.23 	(6) to license wholesale drug distributors;
76.24 	(7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any 
76.25 	registration or license required under this chapter, to any applicant or registrant or licensee
76.26 	 upon any of the following grounds: listed in section 151.071, and in accordance with 
76.27 	the provisions of section 151.071;
76.28 	(i) fraud or deception in connection with the securing of such license or registration;
76.29 	(ii) in the case of a pharmacist, conviction in any court of a felony;
76.30 	(iii) in the case of a pharmacist, conviction in any court of an offense involving 
76.31 	moral turpitude;
76.32 	(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 
76.33 	or habitual indulgence in intoxicating liquors in a manner which could cause conduct 
76.34 	endangering public health;
76.35 	(v) unprofessional conduct or conduct endangering public health;
77.1 	(vi) gross immorality;
77.2 	(vii) employing, assisting, or enabling in any manner an unlicensed person to 
77.3 	practice pharmacy;
77.4 	(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
77.5 	(ix) violation of any of the provisions of this chapter or any of the rules of the State 
77.6 	Board of Pharmacy;
77.7 	(x) in the case of a pharmacy license, operation of such pharmacy without a 
77.8 	pharmacist present and on duty;
77.9 	(xi) in the case of a pharmacist, physical or mental disability which could cause 
77.10 	incompetency in the practice of pharmacy;
77.11 	(xii) in the case of a pharmacist, the suspension or revocation of a license to practice 
77.12 	pharmacy in another state; or
77.13 	(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 
77.14 	violation of section 609.215 as established by any of the following:
77.15 	(A) a copy of the record of criminal conviction or plea of guilty for a felony in 
77.16 	violation of section 609.215, subdivision 1 or 2;
77.17 	(B) a copy of the record of a judgment of contempt of court for violating an 
77.18 	injunction issued under section 609.215, subdivision 4;
77.19 	(C) a copy of the record of a judgment assessing damages under section 609.215, 
77.20 	subdivision 5; or
77.21 	(D) a finding by the board that the person violated section 609.215, subdivision 
77.22 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
77.23 	subdivision 1 or 2;
77.24 	(8) to employ necessary assistants and adopt rules for the conduct of its business;
77.25 	(9) to register as pharmacy technicians all applicants who the board determines are 
77.26 	qualified to carry out the duties of a pharmacy technician; and
77.27 	(10) to perform such other duties and exercise such other powers as the provisions of 
77.28 	the act may require.; and
77.29 	(11) to enter and inspect any business to which it issues a license or registration.
77.30 	(b) Temporary suspension. In addition to any other remedy provided by law, the board 
77.31 	may, without a hearing, temporarily suspend a license for not more than 60 days if the board 
77.32 	finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 
77.33 	and continued practice by the pharmacist would create an imminent risk of harm to others. 
77.34 	The suspension shall take effect upon written notice to the pharmacist, specifying the 
77.35 	statute or rule violated. At the time it issues the suspension notice, the board shall schedule 
78.1 	a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 
78.2 	shall be provided with at least 20 days' notice of any hearing held under this subdivision.
78.3 	(c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make 
78.4 	and publish uniform rules not inconsistent herewith for carrying out and enforcing 
78.5 	the provisions of this chapter. The board shall adopt rules regarding prospective drug 
78.6 	utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 
78.7 	the pharmacist's professional judgment, upon the presentation of a new prescription by a 
78.8 	patient or the patient's caregiver or agent, shall perform the prospective drug utilization 
78.9 	review required by rules issued under this subdivision.
78.10 	(d) (c) Substitution; rules. If the United States Food and Drug Administration 
78.11 	(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 
78.12 	seizures poses a health risk to patients, the board shall adopt rules in accordance with 
78.13 	accompanying FDA interchangeability standards regarding the use of substitution for 
78.14 	these drugs. If the board adopts a rule regarding the substitution of drugs used for the 
78.15 	treatment of epilepsy or seizures that conflicts with the substitution requirements of 
78.16 	section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 
78.17 	proposed by the board would increase state costs for state public health care programs, 
78.18 	the board shall report to the chairs and ranking minority members of the senate Health 
78.19 	and Human Services Budget Division and the house of representatives Health Care and 
78.20 	Human Services Finance Division the proposed rule and the increased cost associated 
78.21 	with the proposed rule before the board may adopt the rule.
78.22 		Subd. 1a.Disciplinary action Cease and desist orders. It shall be grounds for 
78.23 	disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 
78.24 	the Board of Pharmacy determines that any person with supervisory responsibilities at the 
78.25 	pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 
78.26 	review and patient counseling as required by rules adopted under subdivision 1. The 
78.27 	Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 
78.28 	taken under this section. (a) Whenever it appears to the board that a person has engaged in 
78.29 	an act or practice constituting a violation of a law, rule, or other order related to the duties 
78.30 	and responsibilities entrusted to the board, the board may issue and cause to be served 
78.31 	upon the person an order requiring the person to cease and desist from violations.
78.32 	(b) The cease and desist order must state the reasons for the issuance of the order 
78.33 	and must give reasonable notice of the rights of the person to request a hearing before 
78.34 	an administrative law judge. A hearing must be held not later than ten days after the 
78.35 	request for the hearing is received by the board. After the completion of the hearing, 
78.36 	the administrative law judge shall issue a report within ten days. Within 15 days after 
79.1 	receiving the report of the administrative law judge, the board shall issue a further order 
79.2 	vacating or making permanent the cease and desist order. The time periods provided in 
79.3 	this provision may be waived by agreement of the executive director of the board and the 
79.4 	person against whom the cease and desist order was issued. If the person to whom a cease 
79.5 	and desist order is issued fails to appear at the hearing after being duly notified, the person 
79.6 	is in default, and the proceeding may be determined against that person upon consideration 
79.7 	of the cease and desist order, the allegations of which may be considered to be true. Unless 
79.8 	otherwise provided, all hearings must be conducted according to chapter 14. The board 
79.9 	may adopt rules of procedure concerning all proceedings conducted under this subdivision.
79.10 	(c) If no hearing is requested within 30 days of service of the order, the cease and 
79.11 	desist order will become permanent.
79.12 	(d) A cease and desist order issued under this subdivision remains in effect until 
79.13 	it is modified or vacated by the board. The administrative proceeding provided by this 
79.14 	subdivision, and subsequent appellate judicial review of that administrative proceeding, 
79.15 	constitutes the exclusive remedy for determining whether the board properly issued the 
79.16 	cease and desist order and whether the cease and desist order should be vacated or made 
79.17 	permanent.
79.18 		Subd. 1b.Enforcement of violations of cease and desist orders. (a) Whenever 
79.19 	the board under subdivision 1a seeks to enforce compliance with a cease and desist 
79.20 	order that has been made permanent, the allegations of the cease and desist order are 
79.21 	considered conclusively established for purposes of proceeding under subdivision 1a for 
79.22 	permanent or temporary relief to enforce the cease and desist order. Whenever the board 
79.23 	under subdivision 1a seeks to enforce compliance with a cease and desist order when a 
79.24 	hearing or hearing request on the cease and desist order is pending, or the time has not 
79.25 	yet expired to request a hearing on whether a cease and desist order should be vacated or 
79.26 	made permanent, the allegations in the cease and desist order are considered conclusively 
79.27 	established for the purposes of proceeding under subdivision 1a for temporary relief to 
79.28 	enforce the cease and desist order.
79.29 	(b) Notwithstanding this subdivision or subdivision 1a, the person against whom 
79.30 	the cease and desist order is issued and who has requested a hearing under subdivision 1a 
79.31 	may, within 15 days after service of the cease and desist order, bring an action in Ramsey 
79.32 	County District Court for issuance of an injunction to suspend enforcement of the cease 
79.33 	and desist order pending a final decision of the board under subdivision 1a to vacate or 
79.34 	make permanent the cease and desist order. The court shall determine whether to issue 
79.35 	such an injunction based on traditional principles of temporary relief.
80.1 		Subd. 2.Application. In the case of a facility licensed or registered by the board, 
80.2 	the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 
80.3 	shall also apply to the following:
80.4 	(1) In the case of a partnership, each partner thereof;
80.5 	(2) In the case of an association, each member thereof;
80.6 	(3) In the case of a corporation, each officer or director thereof and each shareholder 
80.7 	owning 30 percent or more of the voting stock of such corporation.
80.8 		Subd. 3.Application of Administrative Procedure Act. The board shall comply 
80.9 	with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 
80.10 	license or registration issued under this chapter.
80.11 		Subd. 4.Reinstatement. Any license or registration which has been suspended 
80.12 	or revoked may be reinstated by the board provided the holder thereof shall pay all costs 
80.13 	of the proceedings resulting in the suspension or revocation, and, in addition thereto, 
80.14 	pay a fee set by the board.
80.15 		Subd. 5.Costs; penalties. The board may impose a civil penalty not exceeding 
80.16 	$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 
80.17 	to deprive a licensee or registrant of any economic advantage gained by reason of 
80.18 	the violation, to discourage similar violations by the licensee or registrant or any other 
80.19 	licensee or registrant, or to reimburse the board for the cost of the investigation and 
80.20 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
80.21 	Administrative Hearings, legal and investigative services provided by the Office of the 
80.22 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
80.23 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
80.24 	staff and board members.

80.25 	EFFECTIVE DATE. Subdivisions 1a and 1b are effective August 1, 2014, and 
80.26 	apply to violations occurring on or after that date.

80.27 	Sec. 3. [151.071] DISCIPLINARY ACTION.
80.28 		Subdivision 1.Forms of disciplinary action. When the board finds that a licensee, 
80.29 	registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may 
80.30 	do one or more of the following:
80.31 	(1) deny the issuance of a license or registration;
80.32 	(2) refuse to renew a license or registration;
80.33 	(3) revoke the license or registration;
80.34 	(4) suspend the license or registration;
81.1 	(5) impose limitations, conditions, or both on the license or registration, including 
81.2 	but not limited to: the limitation of practice to designated settings; the limitation of the 
81.3 	scope of practice within designated settings; the imposition of retraining or rehabilitation 
81.4 	requirements; the requirement of practice under supervision; the requirement of 
81.5 	participation in a diversion program such as that established pursuant to section 214.31 
81.6 	or the conditioning of continued practice on demonstration of knowledge or skills by 
81.7 	appropriate examination or other review of skill and competence;
81.8 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, the 
81.9 	amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any 
81.10 	economic advantage gained by reason of the violation, to discourage similar violations 
81.11 	by the licensee or registrant or any other licensee or registrant, or to reimburse the board 
81.12 	for the cost of the investigation and proceeding, including but not limited to, fees paid 
81.13 	for services provided by the Office of Administrative Hearings, legal and investigative 
81.14 	services provided by the Office of the Attorney General, court reporters, witnesses, 
81.15 	reproduction of records, board members' per diem compensation, board staff time, and 
81.16 	travel costs and expenses incurred by board staff and board members; and
81.17 	(7) reprimand the licensee or registrant.
81.18 		Subd. 2.Grounds for disciplinary action. The following conduct is prohibited and 
81.19 	is grounds for disciplinary action:
81.20 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
81.21 	or registration contained in this chapter or the rules of the board. The burden of proof is on 
81.22 	the applicant to demonstrate such qualifications or satisfaction of such requirements;
81.23 	(2) obtaining a license by fraud or by misleading the board in any way during 
81.24 	the application process or obtaining a license by cheating, or attempting to subvert 
81.25 	the licensing examination process. Conduct that subverts or attempts to subvert the 
81.26 	licensing examination process includes, but is not limited to: (i) conduct that violates the 
81.27 	security of the examination materials, such as removing examination materials from the 
81.28 	examination room or having unauthorized possession of any portion of a future, current, 
81.29 	or previously administered licensing examination; (ii) conduct that violates the standard of 
81.30 	test administration, such as communicating with another examinee during administration 
81.31 	of the examination, copying another examinee's answers, permitting another examinee 
81.32 	to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an 
81.33 	examinee or permitting an impersonator to take the examination on one's own behalf;
81.34 	(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a 
81.35 	pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist 
81.36 	intern registration, conviction of a felony reasonably related to the practice of pharmacy. 
82.1 	Conviction as used in this subdivision includes a conviction of an offense that if committed 
82.2 	in this state would be deemed a felony without regard to its designation elsewhere, or 
82.3 	a criminal proceeding where a finding or verdict of guilt is made or returned but the 
82.4 	adjudication of guilt is either withheld or not entered thereon. The board may delay the 
82.5 	issuance of a new license or registration if the applicant has been charged with a felony 
82.6 	until the matter has been adjudicated;
82.7 	(4) for a facility, other than a pharmacy, licensed or registered by the board, if an 
82.8 	owner or applicant is convicted of a felony reasonably related to the operation of the 
82.9 	facility. The board may delay the issuance of a new license or registration if the owner or 
82.10 	applicant has been charged with a felony until the matter has been adjudicated;
82.11 	(5) for a controlled substance researcher, conviction of a felony reasonably related 
82.12 	to controlled substances or to the practice of the researcher's profession. The board may 
82.13 	delay the issuance of a registration if the applicant has been charged with a felony until 
82.14 	the matter has been adjudicated;
82.15 	(6) disciplinary action taken by another state or by one of this state's health licensing 
82.16 	agencies:
82.17 	(i) revocation, suspension, restriction, limitation, or other disciplinary action against 
82.18 	a license or registration in another state or jurisdiction, failure to report to the board that 
82.19 	charges or allegations regarding the person's license or registration have been brought in 
82.20 	another state or jurisdiction, or having been refused a license or registration by any other 
82.21 	state or jurisdiction. The board may delay the issuance of a new license or registration if 
82.22 	an investigation or disciplinary action is pending in another state or jurisdiction until the 
82.23 	investigation or action has been dismissed or otherwise resolved; and
82.24 	(ii) revocation, suspension, restriction, limitation, or other disciplinary action against 
82.25 	a license or registration issued by another of this state's health licensing agencies, failure 
82.26 	to report to the board that charges regarding the person's license or registration have been 
82.27 	brought by another of this state's health licensing agencies, or having been refused a 
82.28 	license or registration by another of this state's health licensing agencies. The board may 
82.29 	delay the issuance of a new license or registration if a disciplinary action is pending before 
82.30 	another of this state's health licensing agencies until the action has been dismissed or 
82.31 	otherwise resolved;
82.32 	(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation 
82.33 	of any order of the board, of any of the provisions of this chapter or any rules of the 
82.34 	board or violation of any federal, state, or local law or rule reasonably pertaining to the 
82.35 	practice of pharmacy;
83.1 	(8) for a facility, other than a pharmacy, licensed by the board, violations of any 
83.2 	order of the board, of any of the provisions of this chapter or the rules of the board or 
83.3 	violation of any federal, state, or local law relating to the operation of the facility;
83.4 	(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
83.5 	the public, or demonstrating a willful or careless disregard for the health, welfare, or safety 
83.6 	of a patient; or pharmacy practice that is professionally incompetent, in that it may create 
83.7 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
83.8 	of actual injury need not be established;
83.9 	(10) aiding or abetting an unlicensed person in the practice of pharmacy, except 
83.10 	that it is not a violation of this clause for a pharmacist to supervise a properly registered 
83.11 	pharmacy technician or pharmacist intern if that person is performing duties allowed 
83.12 	by this chapter or the rules of the board;
83.13 	(11) for an individual licensed or registered by the board, adjudication as mentally ill 
83.14 	or developmentally disabled, or as a chemically dependent person, a person dangerous 
83.15 	to the public, a sexually dangerous person, or a person who has a sexual psychopathic 
83.16 	personality, by a court of competent jurisdiction, within or without this state. Such 
83.17 	adjudication shall automatically suspend a license for the duration thereof unless the 
83.18 	board orders otherwise;
83.19 	(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as 
83.20 	specified in the board's rules. In the case of a pharmacy technician, engaging in conduct 
83.21 	specified in board rules that would be unprofessional if it were engaged in by a pharmacist 
83.22 	or pharmacist intern or performing duties specifically reserved for pharmacists under this 
83.23 	chapter or the rules of the board;
83.24 	(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on 
83.25 	duty except as allowed by a variance approved by the board;
83.26 	(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and 
83.27 	safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or 
83.28 	any other type of material or as a result of any mental or physical condition, including 
83.29 	deterioration through the aging process or loss of motor skills. In the case of registered 
83.30 	pharmacy technicians, pharmacist interns, or controlled substance researchers, the 
83.31 	inability to carry out duties allowed under this chapter or the rules of the board with 
83.32 	reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, 
83.33 	narcotics, chemicals, or any other type of material or as a result of any mental or physical 
83.34 	condition, including deterioration through the aging process or loss of motor skills;
84.1 	(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical 
84.2 	gas distributor, or controlled substance researcher, revealing a privileged communication 
84.3 	from or relating to a patient except when otherwise required or permitted by law;
84.4 	(16) for a pharmacist or pharmacy, improper management of patient records, 
84.5 	including failure to maintain adequate patient records, to comply with a patient's request 
84.6 	made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report 
84.7 	required by law;
84.8 	(17) fee splitting, including without limitation:
84.9 	(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, 
84.10 	kickback, or other form of remuneration, directly or indirectly, for the referral of patients; 
84.11 	and
84.12 	(ii) referring a patient to any health care provider as defined in sections 144.291 to 
84.13 	144.298 in which the licensee or registrant has a financial or economic interest as defined 
84.14 	in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the 
84.15 	licensee's or registrant's financial or economic interest in accordance with section 144.6521;
84.16 	(18) engaging in abusive or fraudulent billing practices, including violations of the 
84.17 	federal Medicare and Medicaid laws or state medical assistance laws or rules;
84.18 	(19) engaging in conduct with a patient that is sexual or may reasonably be 
84.19 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
84.20 	demeaning to a patient;
84.21 	(20) failure to make reports as required by section 151.072 or to cooperate with an 
84.22 	investigation of the board as required by section 151.074;
84.23 	(21) knowingly providing false or misleading information that is directly related 
84.24 	to the care of a patient unless done for an accepted therapeutic purpose such as the 
84.25 	dispensing and administration of a placebo;
84.26 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
84.27 	established by any of the following:
84.28 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
84.29 	violation of section 609.215, subdivision 1 or 2;
84.30 	(ii) a copy of the record of a judgment of contempt of court for violating an 
84.31 	injunction issued under section 609.215, subdivision 4;
84.32 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
84.33 	subdivision 5; or
84.34 	(iv) a finding by the board that the person violated section 609.215, subdivision 
84.35 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
84.36 	subdivision 1 or 2;
85.1 	(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. 
85.2 	For a pharmacist intern, pharmacy technician, or controlled substance researcher, 
85.3 	performing duties permitted to such individuals by this chapter or the rules of the board 
85.4 	under a lapsed or nonrenewed registration. For a facility required to be licensed under this 
85.5 	chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
85.6 	(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or 
85.7 	discharge from the health professionals services program for reasons other than the 
85.8 	satisfactory completion of the program.
85.9 		Subd. 3.Automatic suspension. (a) A license or registration issued under this 
85.10 	chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance 
85.11 	researcher is automatically suspended if: (1) a guardian of a licensee or registrant is 
85.12 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons 
85.13 	other than the minority of the licensee or registrant; or (2) the licensee or registrant is 
85.14 	committed by order of a court pursuant to chapter 253B. The license or registration 
85.15 	remains suspended until the licensee is restored to capacity by a court and, upon petition 
85.16 	by the licensee or registrant, the suspension is terminated by the board after a hearing.
85.17 	(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the 
85.18 	board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice 
85.19 	of pharmacy, the license or registration of the regulated person may be automatically 
85.20 	suspended by the board. The license or registration will remain suspended until, upon 
85.21 	petition by the regulated individual and after a hearing, the suspension is terminated by 
85.22 	the board. The board may indefinitely suspend or revoke the license or registration of the 
85.23 	regulated individual if, after a hearing before the board, the board finds that the felonious 
85.24 	conduct would cause a serious risk of harm to the public.
85.25 	(c) For a facility that is licensed or registered by the board, upon notice to the 
85.26 	board that an owner of the facility is subject to a judgment of, or a plea of guilty to, 
85.27 	a felony reasonably related to the operation of the facility, the license or registration of 
85.28 	the facility may be automatically suspended by the board. The license or registration will 
85.29 	remain suspended until, upon petition by the facility and after a hearing, the suspension 
85.30 	is terminated by the board. The board may indefinitely suspend or revoke the license or 
85.31 	registration of the facility if, after a hearing before the board, the board finds that the 
85.32 	felonious conduct would cause a serious risk of harm to the public.
85.33 	(d) For licenses and registrations that have been suspended or revoked pursuant 
85.34 	to paragraphs (a) and (b), the regulated individual may have a license or registration 
85.35 	reinstated, either with or without restrictions, by demonstrating clear and convincing 
85.36 	evidence of rehabilitation, as provided in section 364.03. If the regulated individual has 
86.1 	the conviction subsequently overturned by court decision, the board shall conduct a 
86.2 	hearing to review the suspension within 30 days after the receipt of the court decision. 
86.3 	The regulated individual is not required to prove rehabilitation if the subsequent court 
86.4 	decision overturns previous court findings of public risk.
86.5 	(e) For licenses and registrations that have been suspended or revoked pursuant to 
86.6 	paragraph (c), the regulated facility may have a license or registration reinstated, either with 
86.7 	or without restrictions, conditions, or limitations, by demonstrating clear and convincing 
86.8 	evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the 
86.9 	convicted owner has the conviction subsequently overturned by court decision, the board 
86.10 	shall conduct a hearing to review the suspension within 30 days after receipt of the court 
86.11 	decision. The regulated facility is not required to prove rehabilitation of the convicted 
86.12 	owner if the subsequent court decision overturns previous court findings of public risk.
86.13 	(f) The board may, upon majority vote of a quorum of its appointed members, 
86.14 	suspend the license or registration of a regulated individual without a hearing if the 
86.15 	regulated individual fails to maintain a current name and address with the board, as 
86.16 	described in paragraphs (h) and (i), while the regulated individual is: (1) under board 
86.17 	investigation, and a notice of conference has been issued by the board; (2) party to a 
86.18 	contested case with the board; (3) party to an agreement for corrective action with the 
86.19 	board; or (4) under a board order for disciplinary action. The suspension shall remain 
86.20 	in effect until lifted by the board to the board's receipt of a petition from the regulated 
86.21 	individual, along with the current name and address of the regulated individual.
86.22 	(g) The board may, upon majority vote of a quorum of its appointed members, 
86.23 	suspend the license or registration of a regulated facility without a hearing if the regulated 
86.24 	facility fails to maintain a current name and address of the owner of the facility with the 
86.25 	board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under 
86.26 	board investigation, and a notice of conference has been issued by the board; (2) party 
86.27 	to a contested case with the board; (3) party to an agreement for corrective action with 
86.28 	the board; or (4) under a board order for disciplinary action. The suspension shall remain 
86.29 	in effect until lifted by the board pursuant to the board's receipt of a petition from the 
86.30 	regulated facility, along with the current name and address of the owner of the facility.
86.31 	(h) An individual licensed or registered by the board shall maintain a current name 
86.32 	and home address with the board and shall notify the board in writing within 30 days of 
86.33 	any change in name or home address. An individual regulated by the board shall also 
86.34 	maintain a current business address with the board as required by section 214.073. For 
86.35 	an individual, if a name change only is requested, the regulated individual must request 
86.36 	a revised license or registration. The board may require the individual to substantiate 
87.1 	the name change by submitting official documentation from a court of law or agency 
87.2 	authorized under law to receive and officially record a name change. In the case of an 
87.3 	individual, if an address change only is requested, no request for a revised license or 
87.4 	registration is required. If the current license or registration of an individual has been lost, 
87.5 	stolen, or destroyed, the individual shall provide a written explanation to the board.
87.6 	(i) A facility licensed or registered by the board shall maintain a current name and 
87.7 	address with the board. A facility shall notify the board in writing within 30 days of any 
87.8 	change in name. A facility licensed or registered by the board but located outside of the 
87.9 	state must notify the board within 30 days of an address change. A facility licensed or 
87.10 	registered by the board and located within the state must notify the board at least 60 
87.11 	days in advance of a change of address that will result from the move of the facility to a 
87.12 	different location and must pass an inspection at the new location as required by the board. 
87.13 	If the current license or registration of a facility has been lost, stolen, or destroyed, the 
87.14 	facility shall provide a written explanation to the board.
87.15 		Subd. 4.Effective dates. A suspension, revocation, condition, limitation, 
87.16 	qualification, or restriction of a license or registration shall be in effect pending 
87.17 	determination of an appeal. A revocation of a license pursuant to subdivision 1 is not 
87.18 	appealable and shall remain in effect indefinitely.
87.19 		Subd. 5.Conditions on reissued license. In its discretion, the board may restore 
87.20 	and reissue a license or registration issued under this chapter, but as a condition thereof 
87.21 	may impose any disciplinary or corrective measure that it might originally have imposed.
87.22 		Subd. 6.Temporary suspension of license for pharmacists. In addition to any 
87.23 	other remedy provided by law, the board may, without a hearing, temporarily suspend the 
87.24 	license of a pharmacist if the board finds that the pharmacist has violated a statute or rule 
87.25 	that the board is empowered to enforce and continued practice by the pharmacist would 
87.26 	create a serious risk of harm to the public. The suspension shall take effect upon written 
87.27 	notice to the pharmacist, specifying the statute or rule violated. The suspension shall 
87.28 	remain in effect until the board issues a final order in the matter after a hearing. At the 
87.29 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
87.30 	held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with 
87.31 	at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall 
87.32 	be scheduled to begin no later than 30 days after the issuance of the suspension order.
87.33 		Subd. 7.Temporary suspension of license for pharmacist interns, pharmacy 
87.34 	technicians, and controlled substance researchers. In addition to any other remedy 
87.35 	provided by law, the board may, without a hearing, temporarily suspend the registration of 
87.36 	a pharmacist intern, pharmacy technician, or controlled substance researcher if the board 
88.1 	finds that the registrant has violated a statute or rule that the board is empowered to enforce 
88.2 	and continued registration of the registrant would create a serious risk of harm to the 
88.3 	public. The suspension shall take effect upon written notice to the registrant, specifying 
88.4 	the statute or rule violated. The suspension shall remain in effect until the board issues a 
88.5 	final order in the matter after a hearing. At the time it issues the suspension notice, the 
88.6 	board shall schedule a disciplinary hearing to be held pursuant to the Administrative 
88.7 	Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of 
88.8 	any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no 
88.9 	later than 30 days after the issuance of the suspension order.
88.10 		Subd. 8.Temporary suspension of license for pharmacies, drug wholesalers, 
88.11 	drug manufacturers, medical gas manufacturers, and medical gas distributors.
 88.12 	In addition to any other remedy provided by law, the board may, without a hearing, 
88.13 	temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug 
88.14 	manufacturer, medical gas manufacturer, or medical gas distributor if the board finds 
88.15 	that the licensee or registrant has violated a statute or rule that the board is empowered 
88.16 	to enforce and continued operation of the licensed facility would create a serious risk of 
88.17 	harm to the public. The suspension shall take effect upon written notice to the licensee or 
88.18 	registrant, specifying the statute or rule violated. The suspension shall remain in effect 
88.19 	until the board issues a final order in the matter after a hearing. At the time it issues the 
88.20 	suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to 
88.21 	the Administrative Procedure Act. The licensee or registrant shall be provided with at 
88.22 	least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
88.23 	scheduled to begin no later than 30 days after the issuance of the suspension order.
88.24 		Subd. 9.Evidence. In disciplinary actions alleging a violation of subdivision 2, 
88.25 	clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court 
88.26 	administrator or of the administrative agency that entered the same shall be admissible 
88.27 	into evidence without further authentication and shall constitute prima facie evidence 
88.28 	of the contents thereof.
88.29 		Subd. 10.Mental examination; access to medical data. (a) If the board receives 
88.30 	a complaint and has probable cause to believe that an individual licensed or registered 
88.31 	by the board falls under subdivision 2, clause (14), it may direct the individual to submit 
88.32 	to a mental or physical examination. For the purpose of this subdivision, every licensed 
88.33 	or registered individual is deemed to have consented to submit to a mental or physical 
88.34 	examination when directed in writing by the board and further to have waived all 
88.35 	objections to the admissibility of the examining practitioner's testimony or examination 
88.36 	reports on the grounds that the same constitute a privileged communication. Failure of a 
89.1 	licensed or registered individual to submit to an examination when directed constitutes 
89.2 	an admission of the allegations against the individual, unless the failure was due to 
89.3 	circumstances beyond the individual's control, in which case a default and final order 
89.4 	may be entered without the taking of testimony or presentation of evidence. Pharmacists 
89.5 	affected under this paragraph shall at reasonable intervals be given an opportunity to 
89.6 	demonstrate that they can resume the competent practice of the profession of pharmacy 
89.7 	with reasonable skill and safety to the public. Pharmacist interns, pharmacy technicians, 
89.8 	or controlled substance researchers affected under this paragraph shall at reasonable 
89.9 	intervals be given an opportunity to demonstrate that they can competently resume the 
89.10 	duties that can be performed, under this chapter or the rules of the board, by similarly 
89.11 	registered persons with reasonable skill and safety to the public. In any proceeding under 
89.12 	this paragraph, neither the record of proceedings nor the orders entered by the board shall 
89.13 	be used against a licensed or registered individual in any other proceeding.
89.14 	(b) Notwithstanding section 13.384, 144.651, or any other law limiting access to 
89.15 	medical or other health data, the board may obtain medical data and health records relating 
89.16 	to an individual licensed or registered by the board, or to an applicant for licensure or 
89.17 	registration, without the individual's consent when the board receives a complaint and has 
89.18 	probable cause to believe that the individual is practicing in violation of subdivision 2, 
89.19 	clause (14), and the data and health records are limited to the complaint. The medical 
89.20 	data may be requested from a provider, as defined in section 144.291, subdivision 2, 
89.21 	paragraph (h), an insurance company, or a government agency, including the Department 
89.22 	of Human Services. A provider, insurance company, or government agency shall comply 
89.23 	with any written request of the board under this subdivision and is not liable in any 
89.24 	action for damages for releasing the data requested by the board if the data are released 
89.25 	pursuant to a written request under this subdivision, unless the information is false and 
89.26 	the provider giving the information knew, or had reason to believe, the information was 
89.27 	false. Information obtained under this subdivision is classified as private under sections 
89.28 	13.01 to 13.87.
89.29 		Subd. 11.Tax clearance certificate. (a) In addition to the provisions of subdivision 
89.30 	1, the board may not issue or renew a license or registration if the commissioner of 
89.31 	revenue notifies the board and the licensee or applicant for a license that the licensee or 
89.32 	applicant owes the state delinquent taxes in the amount of $500 or more. The board may 
89.33 	issue or renew the license or registration only if (1) the commissioner of revenue issues a 
89.34 	tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or 
89.35 	applicant forwards a copy of the clearance to the board. The commissioner of revenue 
90.1 	may issue a clearance certificate only if the licensee, registrant, or applicant does not owe 
90.2 	the state any uncontested delinquent taxes.
90.3 	(b) For purposes of this subdivision, the following terms have the meanings given.
90.4 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
90.5 	and interest due on those taxes.
90.6 	(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court 
90.7 	action that contests the amount or validity of the liability has been filed or served, (ii) the 
90.8 	appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant 
90.9 	has entered into a payment agreement to pay the liability and is current with the payments.
90.10 	(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, 
90.11 	registrant, or applicant is required to obtain a clearance certificate under this subdivision, 
90.12 	a contested case hearing must be held if the licensee or applicant requests a hearing in 
90.13 	writing to the commissioner of revenue within 30 days of the date of the notice provided 
90.14 	in paragraph (a). The hearing must be held within 45 days of the date the commissioner of 
90.15 	revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law 
90.16 	to the contrary, the licensee or applicant must be served with 20 days' notice in writing 
90.17 	specifying the time and place of the hearing and the allegations against the licensee or 
90.18 	applicant. The notice may be served personally or by mail.
90.19 	(d) A licensee or applicant must provide the licensee's or applicant's Social Security 
90.20 	number and Minnesota business identification number on all license applications. Upon 
90.21 	request of the commissioner of revenue, the board must provide to the commissioner of 
90.22 	revenue a list of all licensees and applicants that includes the licensee's or applicant's 
90.23 	name, address, Social Security number, and business identification number. The 
90.24 	commissioner of revenue may request a list of the licensees and applicants no more than 
90.25 	once each calendar year.
90.26 		Subd. 12.Limitation. No board proceeding against a regulated person or facility 
90.27 	shall be instituted unless commenced within seven years from the date of the commission 
90.28 	of some portion of the offense or misconduct complained of except for alleged violations 
90.29 	of subdivision 2, clause (21).

90.30 	Sec. 4. [151.072] REPORTING OBLIGATIONS.
90.31 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
90.32 	constituting grounds for discipline under the provisions of this chapter or the rules of the 
90.33 	board may report the violation to the board.
90.34 		Subd. 2.Pharmacies. A pharmacy located in this state must report to the board any 
90.35 	discipline that is related to an incident involving conduct that would constitute grounds 
91.1 	for discipline under the provisions of this chapter or the rules of the board, that is taken 
91.2 	by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or 
91.3 	pharmacy technician, including the termination of employment of the individual or the 
91.4 	revocation, suspension, restriction, limitation, or conditioning of an individual's ability 
91.5 	to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the 
91.6 	resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of 
91.7 	any disciplinary proceeding, or prior to the commencement of formal charges but after the 
91.8 	individual had knowledge that formal charges were contemplated or in preparation. Each 
91.9 	report made under this subdivision must state the nature of the action taken and state in 
91.10 	detail the reasons for the action. Failure to report violations as required by this subdivision 
91.11 	is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
91.12 		Subd. 3.Licensees and registrants of the board. A licensee or registrant of 
91.13 	the board shall report to the board personal knowledge of any conduct that the person 
91.14 	reasonably believes constitutes grounds for disciplinary action under this chapter or 
91.15 	the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or 
91.16 	controlled substance researcher, including any conduct indicating that the person may be 
91.17 	professionally incompetent, or may have engaged in unprofessional conduct or may be 
91.18 	medically or physically unable to engage safely in the practice of pharmacy or to carry 
91.19 	out the duties permitted to the person by this chapter or the rules of the board. Failure 
91.20 	to report violations as required by this subdivision is a basis for discipline pursuant to 
91.21 	section 151.071, subdivision 2, clause (20).
91.22 		Subd. 4.Self-reporting. A licensee or registrant of the board shall report to the 
91.23 	board any personal action that would require that a report be filed with the board pursuant 
91.24 	to subdivision 2.
91.25 		Subd. 5.Deadlines; forms. Reports required by subdivisions 2 to 4 must be 
91.26 	submitted not later than 30 days after the occurrence of the reportable event or transaction. 
91.27 	The board may provide forms for the submission of reports required by this section, may 
91.28 	require that reports be submitted on the forms provided, and may adopt rules necessary 
91.29 	to assure prompt and accurate reporting.
91.30 		Subd. 6.Subpoenas. The board may issue subpoenas for the production of any 
91.31 	reports required by subdivisions 2 to 4 or any related documents.

91.32 	Sec. 5. [151.073] IMMUNITY.
91.33 		Subdivision 1.Reporting. Any person, health care facility, business, or organization 
91.34 	is immune from civil liability or criminal prosecution for submitting in good faith a report 
91.35 	to the board under section 151.072 or for otherwise reporting in good faith to the board 
92.1 	violations or alleged violations of this chapter or the rules of the board. All such reports 
92.2 	are investigative data as defined in chapter 13.
92.3 		Subd. 2.Investigation. (a) Members of the board and persons employed by the board 
92.4 	or engaged on behalf of the board in the investigation of violations and in the preparation 
92.5 	and management of charges or violations of this chapter of the rules of the board, or persons 
92.6 	participating in the investigation or testifying regarding charges of violations, when acting 
92.7 	in good faith, are immune from civil liability for any actions, transactions, or publications 
92.8 	in the execution of, or relating to, their duties under this chapter or the rules of the board.
92.9 	(b) Members of the board and persons employed by the board or engaged in 
92.10 	maintaining records and making reports regarding adverse health care events are immune 
92.11 	from civil liability for any actions, transactions, or publications in the execution of, or 
92.12 	relating to, their duties under section 151.301.

92.13 	Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
92.14 	An individual who is licensed or registered by the board, who is the subject of an 
92.15 	investigation by or on behalf of the board, shall cooperate fully with the investigation. 
92.16 	An owner or employee of a facility that is licensed or registered by the board, when the 
92.17 	facility is the subject of an investigation by or on behalf of the board, shall cooperate 
92.18 	fully with the investigation. Cooperation includes responding fully and promptly to any 
92.19 	question raised by, or on behalf of, the board relating to the subject of the investigation and 
92.20 	providing copies of patient pharmacy records and other relevant records, as reasonably 
92.21 	requested by the board, to assist the board in its investigation. The board shall maintain 
92.22 	any records obtained pursuant to this section as investigative data pursuant to chapter 13.

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

92.27 	Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
92.28 	151.211 RECORDS OF PRESCRIPTIONS.
92.29 		Subdivision 1.Retention of prescription drug orders. All prescriptions dispensed
92.30 	 prescription drug orders shall be kept on file at the location in from which such dispensing 
92.31 	occurred of the ordered drug occurs for a period of at least two years. Prescription drug 
92.32 	orders that are electronically prescribed must be kept on file in the format in which 
92.33 	they were originally received. Written or printed prescription drug orders and verbal 
93.1 	prescription drug orders reduced to writing, must be kept on file as received or transcribed, 
93.2 	except that such orders may be kept in an electronic format as allowed by the board. 
93.3 	Electronic systems used to process and store prescription drug orders must be compliant 
93.4 	with the requirements of this chapter and the rules of the board. Prescription drug orders 
93.5 	that are stored in an electronic format, as permitted by this subdivision, may be kept on 
93.6 	file at a remote location provided that they are readily and securely accessible from the 
93.7 	location at which dispensing of the ordered drug occurred.
93.8 		Subd. 2.Refill requirements. No A prescription shall drug order may be refilled 
93.9 	except only with the written, electronic, or verbal consent of the prescriber and in 
93.10 	accordance with the requirements of this chapter, the rules of the board, and where 
93.11 	applicable, section 152.11. The date of such refill must be recorded and initialed upon 
93.12 	the original prescription drug order, or within the electronically maintained record of the 
93.13 	original prescription drug order, by the pharmacist, pharmacist intern, or practitioner 
93.14 	who refills the prescription.

93.15 	Sec. 9. [151.251] COMPOUNDING.
93.16 		Subdivision 1.Exemption from manufacturing licensure requirement. Section 
93.17 	151.252 shall not apply to:
93.18 	(1) a practitioner engaged in extemporaneous compounding, anticipatory 
93.19 	compounding, or compounding not done pursuant to a prescription drug order when 
93.20 	permitted by this chapter or the rules of the board; and
93.21 	(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, 
93.22 	anticipatory compounding, or compounding not done pursuant to a prescription drug order 
93.23 	when permitted by this chapter or the rules of the board.
93.24 		Subd. 2.Compounded drug. A drug product may be compounded under this 
93.25 	section if a pharmacist or practitioner:
93.26 	(1) compounds the drug product using bulk drug substances, as defined in the federal 
93.27 	regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
93.28 	(i) that:
93.29 	(A) comply with the standards of an applicable United States Pharmacopoeia 
93.30 	or National Formulary monograph, if a monograph exists, and the United States 
93.31 	Pharmacopoeia chapter on pharmacy compounding;
93.32 	(B) if such a monograph does not exist, are drug substances that are components of 
93.33 	drugs approved for use in this country by the United States Food and Drug Administration; 
93.34 	or
94.1 	(C) if such a monograph does not exist and the drug substance is not a component of 
94.2 	a drug approved for use in this country by the United States Food and Drug Administration, 
94.3 	that appear on a list developed by the United States Food and Drug Administration through 
94.4 	regulations issued by the secretary of the federal Department of Health and Human Services 
94.5 	pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
94.6 	(ii) that are manufactured by an establishment that is registered under section 360 
94.7 	of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is 
94.8 	registered under section 360(i) of that act; and
94.9 	(iii) that are accompanied by valid certificates of analysis for each bulk drug 
94.10 	substance;
94.11 	(2) compounds the drug product using ingredients, other than bulk drug substances, 
94.12 	that comply with the standards of an applicable United States Pharmacopoeia or National 
94.13 	Formulary monograph, if a monograph exists, and the United States Pharmacopoeia 
94.14 	chapters on pharmacy compounding;
94.15 	(3) does not compound a drug product that appears on a list published by the secretary 
94.16 	of the federal Department of Health and Human Services in the Federal Register of drug 
94.17 	products that have been withdrawn or removed from the market because such drug products 
94.18 	or components of such drug products have been found to be unsafe or not effective;
94.19 	(4) does not compound any drug products that are essentially copies of a 
94.20 	commercially available drug product; and
94.21 	(5) does not compound any drug product that has been identified pursuant to 
94.22 	United States Code, title 21, section 353a, as a drug product that presents demonstrable 
94.23 	difficulties for compounding that reasonably demonstrate an adverse effect on the safety 
94.24 	or effectiveness of that drug product.
94.25 	The term "essentially a copy of a commercially available drug product" does not 
94.26 	include a drug product in which there is a change, made for an identified individual 
94.27 	patient, that produces for that patient a significant difference, as determined by the 
94.28 	prescribing practitioner, between the compounded drug and the comparable commercially 
94.29 	available drug product.
94.30 		Subd. 3.Exceptions. This section shall not apply to:
94.31 	(1) compounded positron emission tomography drugs as defined in section 151.01, 
94.32 	subdivision 38; or
94.33 	(2) radiopharmaceuticals.

94.34 	Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding 
94.35 	a subdivision to read:
95.1 		Subd. 1a.Outsourcing facility. (a) No person shall act as an outsourcing facility 
95.2 	without first obtaining a license from the board and paying any applicable manufacturer 
95.3 	licensing fee specified in section 151.065.
95.4 	(b) Application for an outsourcing facility license under this section shall be made 
95.5 	in a manner specified by the board and may differ from the application required of other 
95.6 	drug manufacturers.
95.7 	(c) No license shall be issued or renewed for an outsourcing facility unless the 
95.8 	applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and 
95.9 	state law and according to Minnesota Rules.
95.10 	(d) No license shall be issued or renewed for an outsourcing facility unless the 
95.11 	applicant supplies the board with proof of such registration by the United States Food and 
95.12 	Drug Administration as required by United States Code, title 21, section 353b.
95.13 	(e) No license shall be issued or renewed for an outsourcing facility that is required 
95.14 	to be licensed or registered by the state in which it is physically located unless the 
95.15 	applicant supplies the board with proof of such licensure or registration. The board may 
95.16 	establish, by rule, standards for the licensure of an outsourcing facility that is not required 
95.17 	to be licensed or registered by the state in which it is physically located.
95.18 	(f) The board shall require a separate license for each outsourcing facility located 
95.19 	within the state and for each outsourcing facility located outside of the state at which drugs 
95.20 	that are shipped into the state are prepared.
95.21 	(g) The board shall not issue an initial or renewed license for an outsourcing facility 
95.22 	unless the facility passes an inspection conducted by an authorized representative of the 
95.23 	board. In the case of an outsourcing facility located outside of the state, the board may 
95.24 	require the applicant to pay the cost of the inspection, in addition to the license fee in 
95.25 	section 151.065, unless the applicant furnishes the board with a report, issued by the 
95.26 	appropriate regulatory agency of the state in which the facility is located or by the United 
95.27 	States Food and Drug Administration, of an inspection that has occurred within the 24 
95.28 	months immediately preceding receipt of the license application by the board. The board 
95.29 	may deny licensure unless the applicant submits documentation satisfactory to the board 
95.30 	that any deficiencies noted in an inspection report have been corrected.

95.31 	Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
95.32 	151.26 EXCEPTIONS.
95.33 		Subdivision 1.Generally. Nothing in this chapter shall subject a person duly 
95.34 	licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 
95.35 	by the State Board of Pharmacy, nor prevent the person from administering drugs, 
96.1 	medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 
96.2 	practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 
96.3 	chemicals, or poisons as may be considered appropriate in the treatment of such patient; 
96.4 	unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 
96.5 	provides reasonable notice of an inspection.
96.6 	Except for the provisions of section 151.37, nothing in this chapter applies to or 
96.7 	interferes with the dispensing, in its original package and at no charge to the patient, of a 
96.8 	legend drug, other than a controlled substance, that was packaged by a manufacturer and 
96.9 	provided to the dispenser for distribution dispensing as a professional sample. Samples 
96.10 	of a controlled substance shall only be dispensed when one of the approved indications 
96.11 	for the controlled substance is a seizure disorder and when the sample is prepared and 
96.12 	distributed pursuant to Code of Federal Regulations, title 21, part 203, subpart D.
96.13 	Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 
96.14 	poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 
96.15 	practice, nor to hospitals for use therein.
96.16 	Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 
96.17 	at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 
96.18 	sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 
96.19 	this chapter shall prevent the sale of common household preparations and other drugs, 
96.20 	chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided 
96.21 	that this exception does not apply to any compound, substance, or derivative that is not 
96.22 	approved for human consumption by the United States Food and Drug Administration 
96.23 	or specifically permitted for human consumption under Minnesota law, and, when 
96.24 	introduced into the body, induces an effect similar to that of a Schedule I or Schedule II 
96.25 	controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, 
96.26 	parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the 
96.27 	purpose of human consumption.
96.28 	Nothing in this chapter shall apply to or interfere with the vending or retailing of 
96.29 	any nonprescription medicine or drug not otherwise prohibited by statute which that is 
96.30 	prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 
96.31 	labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 
96.32 	to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 
96.33 	cosmetics, perfumes, spices, and other commonly used household articles of a chemical 
96.34 	nature, for use for nonmedicinal purposes.; provided that this exception does not apply 
96.35 	to any compound, substance, or derivative that is not approved for human consumption 
96.36 	by the United States Food and Drug Administration or specifically permitted for human 
97.1 	consumption under Minnesota law, and, when introduced into the body, induces an effect 
97.2 	similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, 
97.3 	subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of 
97.4 	whether the substance is marketed for the purpose of human consumption. Nothing in 
97.5 	this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 
97.6 	discount to persons over 65 years of age.

97.7 	Sec. 12. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
97.8 		Subd. 2.After January 1, 1983. (a) No legend drug in solid oral dosage form 
97.9 	may be manufactured, packaged or distributed for sale in this state after January 1, 1983 
97.10 	unless it is clearly marked or imprinted with a symbol, number, company name, words, 
97.11 	letters, national drug code or other mark uniquely identifiable to that drug product. An 
97.12 	identifying mark or imprint made as required by federal law or by the federal Food and 
97.13 	Drug Administration shall be deemed to be in compliance with this section.
97.14 	(b) The Board of Pharmacy may grant exemptions from the requirements of this 
97.15 	section on its own initiative or upon application of a manufacturer, packager, or distributor 
97.16 	indicating size or other characteristics which that render the product impractical for the 
97.17 	imprinting required by this section.
97.18 	(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
97.19 	(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 
97.20 	January 1, 1983, and held in stock for resale.
97.21 	(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 
97.22 	law to prescribe or administer drugs and which are to be used solely by the patient for 
97.23 	whom prescribed.

97.24 	Sec. 13. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 
97.25 	43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 
97.26 	10, section 5, is amended to read:
97.27 	151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
97.28 		Subdivision 1.Prohibition. Except as otherwise provided in this chapter, it shall be 
97.29 	unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 
97.30 	distribute a legend drug.
97.31 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
97.32 	professional practice only, may prescribe, administer, and dispense a legend drug, and 
97.33 	may cause the same to be administered by a nurse, a physician assistant, or medical 
97.34 	student or resident under the practitioner's direction and supervision, and may cause a 
98.1 	person who is an appropriately certified, registered, or licensed health care professional 
98.2 	to prescribe, dispense, and administer the same within the expressed legal scope of the 
98.3 	person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 
98.4 	legend drug, without reference to a specific patient, by directing a licensed dietitian or 
98.5 	licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 
98.6 	subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 
98.7 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
98.8 	protocol when treating patients whose condition falls within such guideline or protocol, 
98.9 	and when such guideline or protocol specifies the circumstances under which the legend 
98.10 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
98.11 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
98.12 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
98.13 	assistant only if the physician assistant meets the requirements of section 147A.18.
98.14 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
98.15 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
98.16 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
98.17 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
98.18 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
98.19 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
98.20 	to control tuberculosis and other communicable diseases. The commissioner may modify 
98.21 	state drug labeling requirements, and medical screening criteria and documentation, where 
98.22 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
98.23 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
98.24 	and mortality.
98.25 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
98.26 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
98.27 	file with the practitioner's licensing board a statement indicating that the practitioner 
98.28 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
98.29 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
98.30 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
98.31 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
98.32 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
98.33 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
98.34 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
98.35 	making the drug available if the legend drug requires compounding, packaging, or other 
98.36 	treatment. The statement filed under this paragraph is public data under section 13.03. 
99.1 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
99.2 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
99.3 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
99.4 	To dispense for profit does not include dispensing by a community health clinic when the 
99.5 	profit from dispensing is used to meet operating expenses.
99.6 	(d) A prescription or drug order for the following drugs is not valid, unless it can 
99.7 	be established that the prescription or drug order was based on a documented patient 
99.8 	evaluation, including an examination, adequate to establish a diagnosis and identify 
99.9 	underlying conditions and contraindications to treatment:
99.10 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
99.11 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
99.12 	152.02, subdivisions 7, 8, and 12;
99.13 	(3) muscle relaxants;
99.14 	(4) centrally acting analgesics with opioid activity;
99.15 	(5) drugs containing butalbital; or
99.16 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
99.17 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
99.18 	met if an in-person examination has been completed in any of the following circumstances:
99.19 	(1) the prescribing practitioner examines the patient at the time the prescription 
99.20 	or drug order is issued;
99.21 	(2) the prescribing practitioner has performed a prior examination of the patient;
99.22 	(3) another prescribing practitioner practicing within the same group or clinic as the 
99.23 	prescribing practitioner has examined the patient;
99.24 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
99.25 	patient has examined the patient; or
99.26 	(5) the referring practitioner has performed an examination in the case of a 
99.27 	consultant practitioner issuing a prescription or drug order when providing services by 
99.28 	means of telemedicine.
99.29 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
99.30 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
99.31 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
99.32 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
99.33 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
99.34 	United States Centers for Disease Control.
99.35 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
99.36 	of legend drugs through a public health clinic or other distribution mechanism approved 
100.1 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
100.2 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
100.3 	biological, chemical, or radiological agent.
100.4 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
100.5 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
100.6 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
100.7 	valid under paragraph (d).
100.8 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
100.9 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
100.10 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
100.11 	expected to know, is not valid under paragraph (d).
100.12 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
100.13 	practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 
100.14 	a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 
100.15 	treatment of a communicable disease according to the Centers For Disease Control and 
100.16 	Prevention Partner Services Guidelines.
100.17 		Subd. 2a.Delegation. A supervising physician may delegate to a physician assistant 
100.18 	who is registered with the Board of Medical Practice and certified by the National 
100.19 	Commission on Certification of Physician Assistants and who is under the supervising 
100.20 	physician's supervision, the authority to prescribe, dispense, and administer legend drugs 
100.21 	and medical devices, subject to the requirements in chapter 147A and other requirements 
100.22 	established by the Board of Medical Practice in rules.
100.23 		Subd. 3.Veterinarians. A licensed doctor of veterinary medicine, in the course of 
100.24 	professional practice only and not for use by a human being, may personally prescribe, 
100.25 	administer, and dispense a legend drug, and may cause the same to be administered or 
100.26 	dispensed by an assistant under the doctor's direction and supervision.
100.27 		Subd. 4.Research. (a) Any qualified person may use legend drugs in the course 
100.28 	of a bona fide research project, but cannot administer or dispense such drugs to human 
100.29 	beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 
100.30 	authorized to do so.
100.31 	(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 
100.32 	use by, or administration to, patients enrolled in a bona fide research study that is being 
100.33 	conducted pursuant to either an investigational new drug application approved by the 
100.34 	United States Food and Drug Administration or that has been approved by an institutional 
100.35 	review board. For the purposes of this subdivision only:
101.1 	(1) a prescription drug order is not required for a pharmacy to dispense a research 
101.2 	drug, unless the study protocol requires the pharmacy to receive such an order;
101.3 	(2) notwithstanding the prescription labeling requirements found in this chapter or 
101.4 	the rules promulgated by the board, a research drug may be labeled as required by the 
101.5 	study protocol; and
101.6 	(3) dispensing and distribution of research drugs by pharmacies shall not be 
101.7 	considered compounding, manufacturing, or wholesaling under this chapter.; and
101.8 	(4) a pharmacy may compound drugs for research studies as provided in 
101.9 	this subdivision but must follow applicable standards established by United States 
101.10 	Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
101.11 	(c) An entity that is under contract to a federal agency for the purpose of distributing 
101.12 	drugs for bona fide research studies is exempt from the drug wholesaler licensing 
101.13 	requirements of this chapter. Any other entity is exempt from the drug wholesaler 
101.14 	licensing requirements of this chapter if the board finds that the entity is licensed or 
101.15 	registered according to the laws of the state in which it is physically located and it is 
101.16 	distributing drugs for use by, or administration to, patients enrolled in a bona fide research 
101.17 	study that is being conducted pursuant to either an investigational new drug application 
101.18 	approved by the United States Food and Drug Administration or that has been approved 
101.19 	by an institutional review board.
101.20 		Subd. 5.Exclusion for course of practice. Nothing in this chapter shall prohibit 
101.21 	the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 
101.22 	manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 
101.23 	bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 
101.24 	practitioners while acting within the course of their practice only.
101.25 		Subd. 6.Exclusion for course of employment. (a) Nothing in this chapter shall 
101.26 	prohibit the possession of a legend drug by an employee, agent, or sales representative of 
101.27 	a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 
101.28 	or registered pharmacy, while acting in the course of employment.
101.29 	(b) Nothing in this chapter shall prohibit the following entities from possessing a 
101.30 	legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
101.31 	(1) a law enforcement officer;
101.32 	(2) a hazardous waste transporter licensed by the Department of Transportation;
101.33 	(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 
101.34 	hazardous waste, including household hazardous waste;
101.35 	(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 
101.36 	very small quantity generator collection program or a minimal generator;
102.1 	(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 
102.2 	a program in compliance with applicable federal law or a person authorized by the county 
102.3 	to conduct one or more of these activities; or
102.4 	(6) a sanitary district organized under chapter 115, or a special law.
102.5 		Subd. 7.Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 
102.6 	possession of a legend drug by a person for that person's use when it has been dispensed to 
102.7 	the person in accordance with a valid prescription issued by a practitioner.
102.8 	(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 
102.9 	been dispensed in accordance with a written or oral prescription by a practitioner, from 
102.10 	designating a family member, caregiver, or other individual to handle the legend drug for 
102.11 	the purpose of assisting the person in obtaining or administering the drug or sending 
102.12 	the drug for destruction.
102.13 	(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 
102.14 	been dispensed in accordance with a valid prescription issued by a practitioner from 
102.15 	transferring the legend drug to a county that collects, stores, transports, or disposes of a 
102.16 	legend drug pursuant to a program in compliance with applicable federal law or to a 
102.17 	person authorized by the county to conduct one or more of these activities.
102.18 		Subd. 8.Misrepresentation. It is unlawful for a person to procure, attempt to 
102.19 	procure, possess, or control a legend drug by any of the following means:
102.20 	(1) deceit, misrepresentation, or subterfuge;
102.21 	(2) using a false name; or
102.22 	(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 
102.23 	wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 
102.24 	obtaining a legend drug.
102.25 		Subd. 9.Exclusion for course of laboratory employment. Nothing in this chapter 
102.26 	shall prohibit the possession of a legend drug by an employee or agent of a registered 
102.27 	analytical laboratory while acting in the course of laboratory employment.
102.28 		Subd. 10.Purchase of drugs and other agents by commissioner of health. The 
102.29 	commissioner of health, in preparation for and in carrying out the duties of sections 
102.30 	144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 
102.31 	drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 
102.32 	antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 
102.33 	communicable disease.
102.34 		Subd. 10a.Emergency use authorizations. Nothing in this chapter shall prohibit 
102.35 	the purchase, possession, or use of a legend drug by an entity acting according to an 
102.36 	emergency use authorization issued by the United States Food and Drug Administration 
103.1 	pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically 
103.2 	tasked in a public health response plan to perform critical functions necessary to support 
103.3 	the response to a public health incident or event.
103.4 		Subd. 11.Complaint reporting Exclusion for health care educational programs.
 103.5 	The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 
103.6 	complaints received regarding the prescription or administration of legend drugs under 
103.7 	section 148.576. Nothing in this section shall prohibit an accredited public or private 
103.8 	postsecondary school from possessing a legend drug that is not a controlled substance 
103.9 	listed in section 152.02, provided that:
103.10 	(1) the school is approved by the United States secretary of education in accordance 
103.11 	with requirements of the Higher Education Act of 1965, as amended;
103.12 	(2) the school provides a course of instruction that prepares individuals for 
103.13 	employment in a health care occupation or profession;
103.14 	(3) the school may only possess those drugs necessary for the instruction of such 
103.15 	individuals; and
103.16 	(4) the drugs may only be used in the course of providing such instruction and are 
103.17 	labeled by the purchaser to indicate that they are not to be administered to patients.
103.18 	Those areas of the school in which legend drugs are stored are subject to section 
103.19 	151.06, subdivision 1, paragraph (a), clause (4).

103.20 	Sec. 14. Minnesota Statutes 2012, section 151.44, is amended to read:
103.21 	151.44 DEFINITIONS.
103.22 	As used in sections 151.43 to 151.51, the following terms have the meanings given 
103.23 	in paragraphs (a) to (h):
103.24 	(a) "Wholesale drug distribution" means distribution of prescription or 
103.25 	nonprescription drugs to persons other than a consumer or patient or reverse distribution 
103.26 	of such drugs, but does not include:
103.27 	(1) a sale between a division, subsidiary, parent, affiliated, or related company under 
103.28 	the common ownership and control of a corporate entity;
103.29 	(2) the purchase or other acquisition, by a hospital or other health care entity that is a 
103.30 	member of a group purchasing organization, of a drug for its own use from the organization 
103.31 	or from other hospitals or health care entities that are members of such organizations;
103.32 	(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 
103.33 	drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 
103.34 	Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 
103.35 	organization to the extent otherwise permitted by law;
104.1 	(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
104.2 	among hospitals or other health care entities that are under common control;
104.3 	(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
104.4 	for emergency medical reasons;
104.5 	(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 
104.6 	the dispensing of a drug pursuant to a prescription;
104.7 	(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 
104.8 	another retail pharmacy to alleviate a temporary shortage;
104.9 	(8) the distribution of prescription or nonprescription drug samples by manufacturers 
104.10 	representatives; or
104.11 	(9) the sale, purchase, or trade of blood and blood components.
104.12 	(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 
104.13 	distribution including, but not limited to, manufacturers; repackers repackagers; own-label 
104.14 	distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 
104.15 	warehouses, chain drug warehouses, and wholesale drug warehouses; independent 
104.16 	wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 
104.17 	wholesale drug distributor does not include a common carrier or individual hired primarily 
104.18 	to transport prescription or nonprescription drugs.
104.19 	(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 
104.20 	propagating, compounding, processing, packaging, repackaging, or labeling of a 
104.21 	prescription drug has the meaning provided in section 151.01, subdivision 14a.
104.22 	(d) "Prescription drug" means a drug required by federal or state law or regulation 
104.23 	to be dispensed only by a prescription, including finished dosage forms and active 
104.24 	ingredients subject to United States Code, title 21, sections 811 and 812.
104.25 	(e) "Blood" means whole blood collected from a single donor and processed either 
104.26 	for transfusion or further manufacturing.
104.27 	(f) "Blood components" means that part of blood separated by physical or 
104.28 	mechanical means.
104.29 	(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 
104.30 	received from or shipped to Minnesota locations for the purpose of returning the drugs 
104.31 	to their producers or distributors.
104.32 	(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

104.33 	Sec. 15. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
104.34 		Subd. 2.Definitions. For purposes of this section only, the terms defined in this 
104.35 	subdivision have the meanings given.
105.1 	(a) "Automated drug distribution system" or "system" means a mechanical system 
105.2 	approved by the board that performs operations or activities, other than compounding or 
105.3 	administration, related to the storage, packaging, or dispensing of drugs, and collects, 
105.4 	controls, and maintains all required transaction information and records.
105.5 	(b) "Health care facility" means a nursing home licensed under section 144A.02; 
105.6 	a housing with services establishment registered under section 144D.01, subdivision 4, 
105.7 	in which a home provider licensed under chapter 144A is providing centralized storage 
105.8 	of medications; or a community behavioral health hospital or Minnesota sex offender 
105.9 	program facility operated by the Department of Human Services.
105.10 	(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 
105.11 	is responsible for the operation of an automated drug distribution system.

105.12 	Sec. 16. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
105.13 		Subd. 3.Authorization. A pharmacy may use an automated drug distribution 
105.14 	system to fill prescription drug orders for patients of a health care facility provided that the 
105.15 	policies and procedures required by this section have been approved by the board. The 
105.16 	automated drug distribution system may be located in a health care facility that is not at 
105.17 	the same location as the managing pharmacy. When located within a health care facility, 
105.18 	the system is considered to be an extension of the managing pharmacy.

105.19 	Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
105.20 		Subd. 5.Operation of automated drug distribution systems. (a) The managing 
105.21 	pharmacy and the pharmacist in charge are responsible for the operation of an automated 
105.22 	drug distribution system.
105.23 	(b) Access to an automated drug distribution system must be limited to pharmacy 
105.24 	and nonpharmacy personnel authorized to procure drugs from the system, except that field 
105.25 	service technicians may access a system located in a health care facility for the purposes of 
105.26 	servicing and maintaining it while being monitored either by the managing pharmacy, or a 
105.27 	licensed nurse within the health care facility. In the case of an automated drug distribution 
105.28 	system that is not physically located within a licensed pharmacy, access for the purpose 
105.29 	of procuring drugs shall be limited to licensed nurses. Each person authorized to access 
105.30 	the system must be assigned an individual specific access code. Alternatively, access to 
105.31 	the system may be controlled through the use of biometric identification procedures. A 
105.32 	policy specifying time access parameters, including time-outs, logoffs, and lockouts, 
105.33 	must be in place.
106.1 	(c) For the purposes of this section only, the requirements of section 151.215 are met 
106.2 	if the following clauses are met:
106.3 	(1) a pharmacist employed by and working at the managing pharmacy, or at a 
106.4 	pharmacy that is acting as a central services pharmacy for the managing pharmacy, 
106.5 	pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all 
106.6 	prescription drug orders before any drug is distributed from the system to be administered 
106.7 	to a patient. A pharmacy technician may perform data entry of prescription drug orders 
106.8 	provided that a pharmacist certifies the accuracy of the data entry before the drug can 
106.9 	be released from the automated drug distribution system. A pharmacist employed by 
106.10 	and working at the managing pharmacy must certify the accuracy of the filling of any 
106.11 	cassettes, canisters, or other containers that contain drugs that will be loaded into the 
106.12 	automated drug distribution system; and
106.13 	(2) when the automated drug dispensing system is located and used within the 
106.14 	managing pharmacy, a pharmacist must personally supervise and take responsibility for all 
106.15 	packaging and labeling associated with the use of an automated drug distribution system.
106.16 	(d) Access to drugs when a pharmacist has not reviewed and approved the 
106.17 	prescription drug order is permitted only when a formal and written decision to allow such 
106.18 	access is issued by the pharmacy and the therapeutics committee or its equivalent. The 
106.19 	committee must specify the patient care circumstances in which such access is allowed, 
106.20 	the drugs that can be accessed, and the staff that are allowed to access the drugs.
106.21 	(e) In the case of an automated drug distribution system that does not utilize bar 
106.22 	coding in the loading process, the loading of a system located in a health care facility may 
106.23 	be performed by a pharmacy technician, so long as the activity is continuously supervised, 
106.24 	through a two-way audiovisual system by a pharmacist on duty within the managing 
106.25 	pharmacy. In the case of an automated drug distribution system that utilizes bar coding 
106.26 	in the loading process, the loading of a system located in a health care facility may be 
106.27 	performed by a pharmacy technician or a licensed nurse, provided that the managing 
106.28 	pharmacy retains an electronic record of loading activities.
106.29 	(f) The automated drug distribution system must be under the supervision of a 
106.30 	pharmacist. The pharmacist is not required to be physically present at the site of the 
106.31 	automated drug distribution system if the system is continuously monitored electronically 
106.32 	by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 
106.33 	board must be continuously available to address any problems detected by the monitoring 
106.34 	or to answer questions from the staff of the health care facility. The licensed pharmacy 
106.35 	may be the managing pharmacy or a pharmacy which is acting as a central services 
106.36 	pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

107.1 	Sec. 18. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is 
107.2 	amended to read:
107.3 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this 
107.4 	subdivision.
107.5 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 
107.6 	the following substances, including their analogs, isomers, esters, ethers, salts, and salts 
107.7 	of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 
107.8 	ethers, and salts is possible:
107.9 	(1) acetylmethadol;
107.10 	(2) allylprodine;
107.11 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 
107.12 	levomethadyl acetate);
107.13 	(4) alphameprodine;
107.14 	(5) alphamethadol;
107.15 	(6) alpha-methylfentanyl benzethidine;
107.16 	(7) betacetylmethadol;
107.17 	(8) betameprodine;
107.18 	(9) betamethadol;
107.19 	(10) betaprodine;
107.20 	(11) clonitazene;
107.21 	(12) dextromoramide;
107.22 	(13) diampromide;
107.23 	(14) diethyliambutene;
107.24 	(15) difenoxin;
107.25 	(16) dimenoxadol;
107.26 	(17) dimepheptanol;
107.27 	(18) dimethyliambutene;
107.28 	(19) dioxaphetyl butyrate;
107.29 	(20) dipipanone;
107.30 	(21) ethylmethylthiambutene;
107.31 	(22) etonitazene;
107.32 	(23) etoxeridine;
107.33 	(24) furethidine;
107.34 	(25) hydroxypethidine;
107.35 	(26) ketobemidone;
107.36 	(27) levomoramide;
108.1 	(28) levophenacylmorphan;
108.2 	(29) 3-methylfentanyl;
108.3 	(30) acetyl-alpha-methylfentanyl;
108.4 	(31) alpha-methylthiofentanyl;
108.5 	(32) benzylfentanyl beta-hydroxyfentanyl;
108.6 	(33) beta-hydroxy-3-methylfentanyl;
108.7 	(34) 3-methylthiofentanyl;
108.8 	(35) thenylfentanyl;
108.9 	(36) thiofentanyl;
108.10 	(37) para-fluorofentanyl;
108.11 	(38) morpheridine;
108.12 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
108.13 	(40) noracymethadol;
108.14 	(41) norlevorphanol;
108.15 	(42) normethadone;
108.16 	(43) norpipanone;
108.17 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
108.18 	(45) phenadoxone;
108.19 	(46) phenampromide;
108.20 	(47) phenomorphan;
108.21 	(48) phenoperidine;
108.22 	(49) piritramide;
108.23 	(50) proheptazine;
108.24 	(51) properidine;
108.25 	(52) propiram;
108.26 	(53) racemoramide;
108.27 	(54) tilidine;
108.28 	(55) trimeperidine.;
108.29 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
108.30 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
108.31 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
108.32 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
108.33 	(1) acetorphine;
108.34 	(2) acetyldihydrocodeine;
108.35 	(3) benzylmorphine;
108.36 	(4) codeine methylbromide;
109.1 	(5) codeine-n-oxide;
109.2 	(6) cyprenorphine;
109.3 	(7) desomorphine;
109.4 	(8) dihydromorphine;
109.5 	(9) drotebanol;
109.6 	(10) etorphine;
109.7 	(11) heroin;
109.8 	(12) hydromorphinol;
109.9 	(13) methyldesorphine;
109.10 	(14) methyldihydromorphine;
109.11 	(15) morphine methylbromide;
109.12 	(16) morphine methylsulfonate;
109.13 	(17) morphine-n-oxide;
109.14 	(18) myrophine;
109.15 	(19) nicocodeine;
109.16 	(20) nicomorphine;
109.17 	(21) normorphine;
109.18 	(22) pholcodine;
109.19 	(23) thebacon.
109.20 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains 
109.21 	any quantity of the following substances, their analogs, salts, isomers (whether optical, 
109.22 	positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 
109.23 	in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 
109.24 	isomers is possible:
109.25 	(1) methylenedioxy amphetamine;
109.26 	(2) methylenedioxymethamphetamine;
109.27 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
109.28 	(4) n-hydroxy-methylenedioxyamphetamine;
109.29 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
109.30 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
109.31 	(7) 4-methoxyamphetamine;
109.32 	(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
109.33 	(9) alpha-ethyltryptamine;
109.34 	(10) bufotenine;
109.35 	(11) diethyltryptamine;
109.36 	(12) dimethyltryptamine;
110.1 	(13) 3,4,5-trimethoxy amphetamine;
110.2 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
110.3 	(15) ibogaine;
110.4 	(16) lysergic acid diethylamide (LSD);
110.5 	(17) mescaline;
110.6 	(18) parahexyl;
110.7 	(19) N-ethyl-3-piperidyl benzilate;
110.8 	(20) N-methyl-3-piperidyl benzilate;
110.9 	(21) psilocybin;
110.10 	(22) psilocyn;
110.11 	(23) tenocyclidine (TPCP or TCP);
110.12 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
110.13 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
110.14 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
110.15 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
110.16 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
110.17 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
110.18 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
110.19 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
110.20 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
110.21 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
110.22 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
110.23 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
110.24 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
110.25 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
110.26 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
110.27 	(2-CB-FLY);
110.28 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
110.29 	(40) alpha-methyltryptamine (AMT);
110.30 	(41) N,N-diisopropyltryptamine (DiPT);
110.31 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
110.32 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
110.33 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
110.34 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
110.35 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
110.36 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
111.1 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
111.2 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
111.3 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
111.4 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
111.5 	(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
111.6 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
111.7 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
111.8 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
111.9 	(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
111.10 	(57) methoxetamine (MXE);
111.11 	(58) 5-iodo-2-aminoindane (5-IAI);
111.12 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
111.13 	(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 
111.14 	(25I-NBOMe).
111.15 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora 
111.16 	williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 
111.17 	of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 
111.18 	of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 
111.19 	Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 
111.20 	of the American Indian Church, and members of the American Indian Church are exempt 
111.21 	from registration. Any person who manufactures peyote for or distributes peyote to the 
111.22 	American Indian Church, however, is required to obtain federal registration annually and 
111.23 	to comply with all other requirements of law.
111.24 	(f) Central nervous system depressants. Unless specifically excepted or unless listed 
111.25 	in another schedule, any material compound, mixture, or preparation which contains any 
111.26 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
111.27 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
111.28 	(1) mecloqualone;
111.29 	(2) methaqualone;
111.30 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
111.31 	(4) flunitrazepam.
111.32 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
111.33 	material compound, mixture, or preparation which contains any quantity of the following 
111.34 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 
111.35 	the analogs, salts, isomers, and salts of isomers is possible:
111.36 	(1) aminorex;
112.1 	(2) cathinone;
112.2 	(3) fenethylline;
112.3 	(4) methcathinone;
112.4 	(5) methylaminorex;
112.5 	(6) N,N-dimethylamphetamine;
112.6 	(7) N-benzylpiperazine (BZP);
112.7 	(8) methylmethcathinone (mephedrone);
112.8 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
112.9 	(10) methoxymethcathinone (methedrone);
112.10 	(11) methylenedioxypyrovalerone (MDPV);
112.11 	(12) fluoromethcathinone;
112.12 	(13) methylethcathinone (MEC);
112.13 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
112.14 	(15) dimethylmethcathinone (DMMC);
112.15 	(16) fluoroamphetamine;
112.16 	(17) fluoromethamphetamine;
112.17 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
112.18 	(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
112.19 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
112.20 	(21) naphthylpyrovalerone (naphyrone); and
112.21 	(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or 
112.22 	alpha-pyrrolidinovalerophenone;
112.23 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or 
112.24 	MPHP); and
112.25 	(22) (24) any other substance, except bupropion or compounds listed under a 
112.26 	different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 
112.27 	at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 
112.28 	the compound is further modified in any of the following ways:
112.29 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
112.30 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
112.31 	system by one or more other univalent substituents;
112.32 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
112.33 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
112.34 	methoxybenzyl groups; or
112.35 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
113.1 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 
113.2 	specifically excepted or unless listed in another schedule, any natural or synthetic material, 
113.3 	compound, mixture, or preparation that contains any quantity of the following substances, 
113.4 	their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 
113.5 	whenever the existence of the isomers, esters, ethers, or salts is possible:
113.6 	(1) marijuana;
113.7 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 
113.8 	synthetic equivalents of the substances contained in the cannabis plant or in the 
113.9 	resinous extractives of the plant, or synthetic substances with similar chemical structure 
113.10 	and pharmacological activity to those substances contained in the plant or resinous 
113.11 	extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 
113.12 	tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
113.13 	(3) synthetic cannabinoids, including the following substances:
113.14 	(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
113.15 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
113.16 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
113.17 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
113.18 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
113.19 	naphthoylindoles include, but are not limited to:
113.20 	(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
113.21 	(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
113.22 	(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
113.23 	(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
113.24 	(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
113.25 	(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
113.26 	(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
113.27 	(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
113.28 	(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
113.29 	(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
113.30 	(ii) Napthylmethylindoles, which are any compounds containing a 
113.31 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 
113.32 	of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
113.33 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
113.34 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
113.35 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
113.36 	(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
114.1 	(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
114.2 	(iii) Naphthoylpyrroles, which are any compounds containing a 
114.3 	3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 
114.4 	pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
114.5 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
114.6 	further substituted in the pyrrole ring to any extent, whether or not substituted in the 
114.7 	naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 
114.8 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
114.9 	(iv) Naphthylmethylindenes, which are any compounds containing a 
114.10 	naphthylideneindene structure with substitution at the 3-position of the indene 
114.11 	ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
114.12 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 
114.13 	substituted in the indene ring to any extent, whether or not substituted in the naphthyl 
114.14 	ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 
114.15 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
114.16 	(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
114.17 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
114.18 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
114.19 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
114.20 	any extent, whether or not substituted in the phenyl ring to any extent. Examples of 
114.21 	phenylacetylindoles include, but are not limited to:
114.22 	(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
114.23 	(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
114.24 	(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
114.25 	(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
114.26 	(vi) Cyclohexylphenols, which are compounds containing a 
114.27 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 
114.28 	of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
114.29 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
114.30 	substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 
114.31 	but are not limited to:
114.32 	(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
114.33 	(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
114.34 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
114.35 	(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
114.36 	-phenol (CP 55,940).
115.1 	(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 
115.2 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
115.3 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
115.4 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
115.5 	any extent and whether or not substituted in the phenyl ring to any extent. Examples of 
115.6 	benzoylindoles include, but are not limited to:
115.7 	(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
115.8 	(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
115.9 	(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 
115.10 	(WIN 48,098 or Pravadoline).
115.11 	(viii) Others specifically named:
115.12 	(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
115.13 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
115.14 	(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
115.15 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
115.16 	(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
115.17 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
115.18 	(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
115.19 	(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
115.20 	(XLR-11);
115.21 	(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
115.22 	(AKB-48(APINACA));
115.23 	(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
115.24 	(5-Fluoro-AKB-48);
115.25 	(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
115.26 	(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 
115.27 	PB-22).;
115.28 	(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 
115.29 	3-carboxamide (AB-PINACA);
115.30 	(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
115.31 	1H-indazole-3-carboxamide (AB-FUBINACA).
115.32 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly 
115.33 	intended for human consumption.

116.1 	ARTICLE 6
116.2 	HEALTH DEPARTMENT AND PUBLIC HEALTH

116.3 	Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
116.4 		Subd. 5.Electronic drug prior authorization standardization and transmission.
 116.5 	(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory 
116.6 	Committee and the Minnesota Administrative Uniformity Committee, shall, by February 
116.7 	15, 2010, identify an outline on how best to standardize drug prior authorization request 
116.8 	transactions between providers and group purchasers with the goal of maximizing 
116.9 	administrative simplification and efficiency in preparation for electronic transmissions.
116.10 	(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall 
116.11 	develop the standard companion guide by which providers and group purchasers will 
116.12 	exchange standard drug authorization requests using electronic data interchange standards, 
116.13 	if available, with the goal of alignment with standards that are or will potentially be used 
116.14 	nationally.
116.15 	(c) No later than January 1, 2015 2016, drug prior authorization requests must be 
116.16 	accessible and submitted by health care providers, and accepted by group purchasers, 
116.17 	electronically through secure electronic transmissions. Facsimile shall not be considered 
116.18 	electronic transmission.

116.19 	Sec. 2. [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
116.20 		Subdivision 1.Definition. For purposes of this section, "facility" has the meaning 
116.21 	provided in United States Code, title 42, section 263b(a)(3)(A).
116.22 		Subd. 2.Required notice. A facility at which a mammography examination is 
116.23 	performed shall, if a patient is categorized by the facility as having heterogeneously 
116.24 	dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data 
116.25 	System established by the American College of Radiology, include in the summary of the 
116.26 	written report that is sent to the patient, as required by the federal Mammography Quality 
116.27 	Standards Act, United States Code, title 42, section 263b, notice that the patient has dense 
116.28 	breast tissue, that this may make it more difficult to detect cancer on a mammogram, and 
116.29 	that it may increase her risk of breast cancer. The following language may be used:
116.30 	"Your mammogram shows that your breast tissue is dense. Dense breast tissue is 
116.31 	relatively common and is found in more than 40 percent of women. However, dense 
116.32 	breast tissue may make it more difficult to identify precancerous lesions or cancer through 
116.33 	a mammogram and may also be associated with an increased risk of breast cancer. This 
116.34 	information about the results of your mammogram is given to you to raise your own 
117.1 	awareness and to help inform your conversations with your treating clinician who has 
117.2 	received a report of your mammogram results. Together you can decide which screening 
117.3 	options are right for you based on your mammogram results, individual risk factors, 
117.4 	or physical examination."

117.5 	Sec. 3. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is 
117.6 	amended to read:
117.7 		Subd. 2.Accreditation required. (a)(1) Except as otherwise provided in paragraph
117.8 	 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement 
117.9 	from any source, including, but not limited to, the individual receiving such services 
117.10 	and any individual or group insurance contract, plan, or policy delivered in this state, 
117.11 	including, but not limited to, private health insurance plans, workers' compensation 
117.12 	insurance, motor vehicle insurance, the State Employee Group Insurance Program 
117.13 	(SEGIP), and other state health care programs, shall be reimbursed only if the facility at 
117.14 	which the service has been conducted and processed is licensed pursuant to sections 
117.15 	144.50 to 144.56 or accredited by one of the following entities:
117.16 	(i) American College of Radiology (ACR);
117.17 	(ii) Intersocietal Accreditation Commission (IAC);
117.18 	(iii) the Joint Commission; or
117.19 	(iv) other relevant accreditation organization designated by the Secretary of the 
117.20 	United States Department of Health and Human Services pursuant to United States Code, 
117.21 	title 42, section 1395M.
117.22 	(2) All accreditation standards recognized under this section must include, but are 
117.23 	not limited to:
117.24 	(i) provisions establishing qualifications of the physician;
117.25 	(ii) standards for quality control and routine performance monitoring by a medical 
117.26 	physicist;
117.27 	(iii) qualifications of the technologist, including minimum standards of supervised 
117.28 	clinical experience;
117.29 	(iv) guidelines for personnel and patient safety; and
117.30 	(v) standards for initial and ongoing quality control using clinical image review 
117.31 	and quantitative testing.
117.32 	(b) Any facility that performs advanced diagnostic imaging services and is eligible 
117.33 	to receive reimbursement for such services from any source in paragraph (a), clause (1), 
117.34 	must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to 
117.35 	paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic 
118.1 	imaging services in the state must obtain licensure or accreditation prior to within 
118.2 	six months of commencing operations and must, at all times, maintain either licensure 
118.3 	pursuant to sections 144.50 to 144.56 or accreditation with an accrediting organization as 
118.4 	provided in paragraph (a).
118.5 	(c) Dental clinics or offices that perform diagnostic imaging through dental cone 
118.6 	beam computerized tomography do not need to meet the accreditation or reporting 
118.7 	requirements in this section.

118.8 	EFFECTIVE DATE. The amendment to paragraph (b) is effective the day 
118.9 	following final enactment. The amendment to paragraph (a) and paragraph (c) are 
118.10 	effective retroactively from August 1, 2013.

118.11 	Sec. 4. Minnesota Statutes 2012, section 144.414, subdivision 2, is amended to read:
118.12 		Subd. 2.Day care premises. (a) Smoking is prohibited in a day care center licensed 
118.13 	under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a 
118.14 	group family day care provider home licensed under Minnesota Rules, parts 9502.0300 
118.15 	to 9502.0445, during its hours of operation. The proprietor of a family home or group 
118.16 	family day care provider must disclose to parents or guardians of children cared for on the 
118.17 	premises if the proprietor permits smoking outside of its hours of operation. Disclosure 
118.18 	must include posting on the premises a conspicuous written notice and orally informing 
118.19 	parents or guardians.
118.20 	(b) For purposes of this subdivision, the definition of smoking includes the use of 
118.21 	electronic cigarettes, including the inhaling and exhaling of vapor from any electronic 
118.22 	delivery device as defined in section 609.685, subdivision 1.

118.23 	Sec. 5. Minnesota Statutes 2012, section 144.414, subdivision 3, is amended to read:
118.24 		Subd. 3.Health care facilities and clinics. (a) Smoking is prohibited in any area 
118.25 	of a hospital, health care clinic, doctor's office, licensed residential facility for children, 
118.26 	or other health care-related facility, except that a patient or resident in a nursing home, 
118.27 	boarding care facility, or licensed residential facility for adults may smoke in a designated 
118.28 	separate, enclosed room maintained in accordance with applicable state and federal laws.
118.29 	(b) Except as provided in section 246.0141, smoking by patients in a locked 
118.30 	psychiatric unit may be allowed in a separated well-ventilated area in the unit under a 
118.31 	policy established by the administrator of the program that allows the treating physician to 
118.32 	approve smoking if, in the opinion of the treating physician, the benefits to be gained in 
118.33 	obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
119.1 	(c) For purposes of this subdivision, the definition of smoking includes the use of 
119.2 	electronic cigarettes, including the inhaling and exhaling of vapor from any electronic 
119.3 	delivery device as defined in section 609.685, subdivision 1.

119.4 	Sec. 6. Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision 
119.5 	to read:
119.6 		Subd. 5.Electronic cigarettes. (a) The use of electronic cigarettes, including the 
119.7 	inhaling or exhaling of vapor from any electronic delivery device, as defined in section 
119.8 	609.685, subdivision 1, is prohibited in the following locations:
119.9 	(1) any building owned or operated by the state, home rule charter or statutory city, 
119.10 	county, township, school district, or other political subdivision;
119.11 	(2) any facility owned by Minnesota State Colleges and Universities and the 
119.12 	University of Minnesota;
119.13 	(3) any facility licensed by the commissioner of human services; or
119.14 	(4) any facility licensed by the commissioner of health, but only if the facility is also 
119.15 	subject to federal licensing requirements.
119.16 	(b) Nothing in this subdivision shall prohibit political subdivisions or businesses 
119.17 	from adopting more stringent prohibitions on the use of electronic cigarettes or electronic 
119.18 	delivery devices.

119.19 	Sec. 7. Minnesota Statutes 2012, section 144.4165, is amended to read:
119.20 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
119.21 	No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 
119.22 	product, or inhale or exhale vapor from an electronic delivery device as defined in section 
119.23 	609.685, subdivision 1, in a public school, as defined in section 120A.05, subdivisions 
119.24 	9, 11, and 13, and no person under the age of 18 shall possess any of these items. This 
119.25 	prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that 
119.26 	a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall 
119.27 	prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or 
119.28 	cultural ceremony. For purposes of this section, an Indian is a person who is a member of 
119.29 	an Indian tribe as defined in section 260.755 subdivision 12.

119.30 	Sec. 8. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is 
119.31 	amended to read:
119.32 		Subdivision 1.Comprehensive stroke center. A hospital meets the criteria for a 
119.33 	comprehensive stroke center if the hospital has been certified as a comprehensive stroke 
120.1 	center by the joint commission or another nationally recognized accreditation entity and 
120.2 	the hospital participates in the Minnesota stroke registry program.

120.3 	Sec. 9. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is 
120.4 	amended to read:
120.5 		Subd. 2.Primary stroke center. A hospital meets the criteria for a primary stroke 
120.6 	center if the hospital has been certified as a primary stroke center by the joint commission 
120.7 	or another nationally recognized accreditation entity and the hospital participates in the 
120.8 	Minnesota stroke registry program.

120.9 	Sec. 10. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is 
120.10 	amended to read:
120.11 		Subd. 2.Designation. A hospital that voluntarily meets the criteria for a 
120.12 	comprehensive stroke center, primary stroke center, or acute stroke ready hospital may 
120.13 	apply to the commissioner for designation, and upon the commissioner's review and 
120.14 	approval of the application, shall be designated as a comprehensive stroke center, a 
120.15 	primary stroke center, or an acute stroke ready hospital for a three-year period. If a 
120.16 	hospital loses its certification as a comprehensive stroke center or primary stroke center 
120.17 	from the joint commission or other nationally recognized accreditation entity, or no 
120.18 	longer participates in the Minnesota stroke registry program, its Minnesota designation 
120.19 	shall be immediately withdrawn. Prior to the expiration of the three-year designation, a 
120.20 	hospital seeking to remain part of the voluntary acute stroke system may reapply to the 
120.21 	commissioner for designation.

120.22 	Sec. 11. [144.497] ST ELEVATION MYOCARDIAL INFARCTION.
120.23 	The commissioner of health shall assess and report on the quality of care provided in 
120.24 	the state for ST elevation myocardial infarction response and treatment. The commissioner 
120.25 	shall:
120.26 	(1) utilize and analyze data provided by ST elevation myocardial infarction receiving 
120.27 	centers to the ACTION Registry-Get with the guidelines or an equivalent data platform 
120.28 	that does not identify individuals or associate specific ST elevation myocardial infarction 
120.29 	heart attack events with an identifiable individual;
120.30 	(2) quarterly post a summary report of the data in aggregate form on the Department 
120.31 	of Health Web site;
121.1 	(3) annually inform the legislative committees with jurisdiction over public health 
121.2 	of progress toward improving the quality of care and patient outcomes for ST elevation 
121.3 	myocardial infarctions; and
121.4 	(4) coordinate to the extent possible with national voluntary health organizations 
121.5 	involved in ST elevation myocardial infarction heart attack quality improvement to 
121.6 	encourage ST elevation myocardial infarction receiving centers to report data consistent 
121.7 	with nationally recognized guidelines on the treatment of individuals with confirmed ST 
121.8 	elevation myocardial infarction heart attacks within the state and encourage sharing of 
121.9 	information among health care providers on ways to improve the quality of care of ST 
121.10 	elevation myocardial infarction patients in Minnesota.

121.11 	Sec. 12. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
121.12 		Subdivision 1.Notice required. A hospital shall give a written notice about victim 
121.13 	rights and available resources to a person seeking medical services in the hospital who 
121.14 	reports to hospital staff or presents evidence of a sexual assault or other unwanted 
121.15 	sexual contact or sexual penetration. The hospital shall make a good faith effort to 
121.16 	provide this notice prior to medical treatment or the examination performed for the 
121.17 	purpose of gathering evidence, subject to applicable federal and state laws and regulations 
121.18 	regarding the provision of medical care, and in a manner that does not interfere with any 
121.19 	medical screening examination or initiation of treatment necessary to stabilize a victim's 
121.20 	emergency medical condition.
121.21 		Subd. 2.Contents of notice. The commissioners of health and public safety, in 
121.22 	consultation with sexual assault victim advocates and health care professionals, shall 
121.23 	develop the notice required by subdivision 1. The notice must inform the victim, at a 
121.24 	minimum, of:
121.25 	(1) the obligation under section 609.35 of the county where the criminal sexual 
121.26 	conduct occurred to pay for the examination performed for the purpose of gathering 
121.27 	evidence, that payment is not contingent on the victim reporting the criminal sexual conduct 
121.28 	to law enforcement, and that the victim may incur expenses for treatment of injuries; and
121.29 	(2) the victim's rights if the crime is reported to law enforcement, including the 
121.30 	victim's right to apply for reparations under sections 611A.51 to 611A.68, information on 
121.31 	how to apply for reparations, and information on how to obtain an order for protection or 
121.32 	a harassment restraining order.

121.33 	Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, 
121.34 	is amended to read:
122.1 		Subd. 8.Correction orders. (a) A correction order may be issued whenever the 
122.2 	commissioner finds upon survey or during a complaint investigation that a home care 
122.3 	provider, a managerial official, or an employee of the provider is not in compliance with 
122.4 	sections 144A.43 to 144A.482. The correction order shall cite the specific statute and 
122.5 	document areas of noncompliance and the time allowed for correction.
122.6 	(b) The commissioner shall mail copies of any correction order within 30 calendar 
122.7 	days after an exit survey to the last known address of the home care provider, or 
122.8 	electronically scan the correction order and e-mail it to the last known home care provider 
122.9 	e-mail address, within 30 calendar days after the survey exit date. A copy of each 
122.10 	correction order and copies of any documentation supplied to the commissioner shall be 
122.11 	kept on file by the home care provider, and public documents shall be made available for 
122.12 	viewing by any person upon request. Copies may be kept electronically.
122.13 	(c) By the correction order date, the home care provider must document in the 
122.14 	provider's records any action taken to comply with the correction order. The commissioner 
122.15 	may request a copy of this documentation and the home care provider's action to respond 
122.16 	to the correction order in future surveys, upon a complaint investigation, and as otherwise 
122.17 	needed.

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

122.20 	Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12, 
122.21 	is amended to read:
122.22 		Subd. 12.Reconsideration. (a) The commissioner shall make available to home 
122.23 	care providers a correction order reconsideration process. This process may be used 
122.24 	to challenge the correction order issued, including the level and scope described in 
122.25 	subdivision 11, and any fine assessed. During the correction order reconsideration 
122.26 	request, the issuance for the correction orders under reconsideration are not stayed, but 
122.27 	the department shall post information on the Web site with the correction order that the 
122.28 	licensee has requested a reconsideration and that the review is pending.
122.29 	(b) A licensed home care provider may request from the commissioner, in writing, 
122.30 	a correction order reconsideration regarding any correction order issued to the provider.
122.31 	 The written request for reconsideration must be received by the commissioner within 15 
122.32 	calendar days of the correction order receipt date. The correction order reconsideration shall 
122.33 	not be reviewed by any surveyor, investigator, or supervisor that participated in the writing 
122.34 	or reviewing of the correction order being disputed. The correction order reconsiderations 
122.35 	may be conducted in person, by telephone, by another electronic form, or in writing, as 
123.1 	determined by the commissioner. The commissioner shall respond in writing to the request 
123.2 	from a home care provider for a correction order reconsideration within 60 days of the 
123.3 	date the provider requests a reconsideration. The commissioner's response shall identify 
123.4 	the commissioner's decision regarding each citation challenged by the home care provider.
123.5 	(c) The findings of a correction order reconsideration process shall be one or more of 
123.6 	the following:
123.7 	(1) supported in full, the correction order is supported in full, with no deletion of 
123.8 	findings to the citation;
123.9 	(2) supported in substance, the correction order is supported, but one or more 
123.10 	findings are deleted or modified without any change in the citation;
123.11 	(3) correction order cited an incorrect home care licensing requirement, the correction 
123.12 	order is amended by changing the correction order to the appropriate statutory reference;
123.13 	(4) correction order was issued under an incorrect citation, the correction order is 
123.14 	amended to be issued under the more appropriate correction order citation;
123.15 	(5) the correction order is rescinded;
123.16 	(6) fine is amended, it is determined that the fine assigned to the correction order 
123.17 	was applied incorrectly; or
123.18 	(7) the level or scope of the citation is modified based on the reconsideration.
123.19 	(d) If the correction order findings are changed by the commissioner, the 
123.20 	commissioner shall update the correction order Web site.
123.21 	(e) This subdivision does not apply to temporary licensees.

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

123.24 	Sec. 15. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, 
123.25 	is amended to read:
123.26 		Subd. 3.Notice. Prior to any suspension, revocation, or refusal to renew a license, 
123.27 	the home care provider shall be entitled to notice and a hearing as provided by sections 
123.28 	14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, 
123.29 	without a prior contested case hearing, temporarily suspend a license or prohibit delivery 
123.30 	of services by a provider for not more than 90 days if the commissioner determines that 
123.31 	the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations 
123.32 	as defined in section 144A.474, subdivision 11, paragraph (b), provided:
123.33 	(1) advance notice is given to the home care provider;
123.34 	(2) after notice, the home care provider fails to correct the problem;
124.1 	(3) the commissioner has reason to believe that other administrative remedies are not 
124.2 	likely to be effective; and
124.3 	(4) there is an opportunity for a contested case hearing within the 90 30 days unless 
124.4 	there is an extension granted by an administrative law judge pursuant to subdivision 3b.

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

124.8 	Sec. 16. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
124.9 	adding a subdivision to read:
124.10 		Subd. 3a.Hearing.  Within 15 business days of receipt of the licensee's timely appeal 
124.11 	of a sanction under this section, other than for a temporary suspension, the commissioner 
124.12 	shall request assignment of an administrative law judge. The commissioner's request must 
124.13 	include a proposed date, time, and place of hearing. A hearing must be conducted by an 
124.14 	administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, 
124.15 	within 90 calendar days of the request for assignment, unless an extension is requested by 
124.16 	either party and granted by the administrative law judge for good cause or for purposes of 
124.17 	discussing settlement. In no case shall one or more extensions be granted for a total of 
124.18 	more than 90 calendar days unless there is a criminal action pending against the licensee. 
124.19 	If, while a licensee continues to operate pending an appeal of an order for revocation, 
124.20 	suspension, or refusal to renew a license, the commissioner identifies one or more new 
124.21 	violations of law that meet the requirements of level 3 or 4 violations as defined in section 
124.22 	144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to 
124.23 	temporarily suspend the license under the provisions in subdivision 3.

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

124.26 	Sec. 17. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
124.27 	adding a subdivision to read:
124.28 		Subd. 3b.Temporary suspension expedited hearing. (a) Within five business 
124.29 	days of receipt of the license holder's timely appeal of a temporary suspension, the 
124.30 	commissioner shall request assignment of an administrative law judge. The request must 
124.31 	include a proposed date, time, and place of a hearing. A hearing must be conducted by an 
124.32 	administrative law judge within 30 calendar days of the request for assignment, unless 
124.33 	an extension is requested by either party and granted by the administrative law judge 
125.1 	for good cause. The commissioner shall issue a notice of hearing by certified mail or 
125.2 	personal service at least ten business days before the hearing. Certified mail to the last 
125.3 	known address is sufficient. The scope of the hearing shall be limited solely to the issue of 
125.4 	whether the temporary suspension should remain in effect and whether there is sufficient 
125.5 	evidence to conclude that the licensee's actions or failure to comply with applicable laws 
125.6 	are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
125.7 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
125.8 	recommendation within ten business days from the date of hearing. The parties shall have 
125.9 	ten calendar days to submit exceptions to the administrative law judge's report. The 
125.10 	record shall close at the end of the ten-day period for submission of exceptions. The 
125.11 	commissioner's final order shall be issued within ten business days from the close of the 
125.12 	record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, 
125.13 	the commissioner shall issue a final order affirming the temporary immediate suspension 
125.14 	within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The 
125.15 	license holder is prohibited from operation during the temporary suspension period.
125.16 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
125.17 	final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that 
125.18 	sanction, the licensee is prohibited from operation pending a final commissioner's order 
125.19 	after the contested case hearing conducted under chapter 14.

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

125.21 	Sec. 18. Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3, 
125.22 	is amended to read:
125.23 		Subd. 3.Duties. At the commissioner's request, the advisory council shall provide 
125.24 	advice regarding regulations of Department of Health licensed home care providers in 
125.25 	this chapter such as, including advice on the following:
125.26 	(1) advice to the commissioner regarding community standards for home care 
125.27 	practices;
125.28 	(2) advice to the commissioner on enforcement of licensing standards and whether 
125.29 	certain disciplinary actions are appropriate;
125.30 	(3) advice to the commissioner about ways of distributing information to licensees 
125.31 	and consumers of home care;
125.32 	(4) advice to the commissioner about training standards;
125.33 	(5) identify emerging issues and opportunities in the home care field, including the 
125.34 	use of technology in home and telehealth capabilities; and
126.1 	(6) allowable home care licensing modifications and exemptions, including a method 
126.2 	for an integrated license with an existing license for rural licensed nursing homes to 
126.3 	provide limited home care services in an adjacent independent living apartment building 
126.4 	owned by the licensed nursing home; and
126.5 	(7) perform other duties as directed by the commissioner.

126.6 	Sec. 19. Minnesota Statutes 2012, section 144D.065, is amended to read:
126.7 	144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
126.8 	(a) If a housing with services establishment registered under this chapter has a special 
126.9 	program or special care unit for residents with Alzheimer's disease or other dementias 
126.10 	or advertises, markets, or otherwise promotes the establishment as providing services 
126.11 	for persons with Alzheimer's disease or related disorders other dementias, whether in a 
126.12 	segregated or general unit, the establishment's direct care staff and their supervisors must 
126.13 	be trained in dementia care. employees of the establishment and of the establishment's 
126.14 	arranged home care provider must meet the following training requirements:
126.15 	(1) supervisors of direct-care staff must have at least eight hours of initial training on 
126.16 	topics specified under paragraph (b) within 120 working hours of the employment start 
126.17 	date, and must have at least two hours of training on topics related to dementia care for 
126.18 	each 12 months of employment thereafter;
126.19 	(2) direct-care employees must have completed at least eight hours of initial training  
126.20 	on topics specified under paragraph (b) within 160 working hours of the employment start 
126.21 	date. Until this initial training is complete, an employee must not provide direct care unless 
126.22 	there is another employee on site who has completed the initial eight hours of training on 
126.23 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
126.24 	trainer of the requirements under paragraph (b), or a supervisor meeting the requirements 
126.25 	in paragraph (a), clause (1), must be available for consultation with the new employee until 
126.26 	the training requirement is complete. Direct-care employees must have at least two hours 
126.27 	of training on topics related to dementia for each 12 months of employment thereafter;
126.28 	(3) staff who do not provide direct care, including maintenance, housekeeping, and 
126.29 	food service staff, must have at least four hours of initial training on topics specified 
126.30 	under paragraph (b) within 160 working hours of the employment start date, and must 
126.31 	have at least two hours of training on topics related to dementia care for each 12 months of 
126.32 	employment thereafter; and
126.33 	(4) new employees may satisfy the initial training requirements by producing written 
126.34 	proof of previously completed required training within the past 18 months.
126.35 	(b) Areas of required training include:
127.1 	(1) an explanation of Alzheimer's disease and related disorders;
127.2 	(2) assistance with activities of daily living;
127.3 	(3) problem solving with challenging behaviors; and
127.4 	(4) communication skills.
127.5 	(c) The establishment shall provide to consumers in written or electronic form a 
127.6 	description of the training program, the categories of employees trained, the frequency 
127.7 	of training, and the basic topics covered. This information satisfies the disclosure 
127.8 	requirements of section 325F.72, subdivision 2, clause (4).
127.9 	(d) Housing with services establishments not included in paragraph (a) that provide 
127.10 	assisted living services under chapter 144G must meet the following training requirements:
127.11 	(1) supervisors of direct-care staff must have at least four hours of initial training on 
127.12 	topics specified under paragraph (b) within 120 working hours of the employment start 
127.13 	date, and must have at least two hours of training on topics related to dementia care for 
127.14 	each 12 months of employment thereafter;
127.15 	(2) direct-care employees must have completed at least four hours of initial training  
127.16 	on topics specified under paragraph (b) within 160 working hours of the employment start 
127.17 	date. Until this initial training is complete, an employee must not provide direct care unless 
127.18 	there is another employee on site who has completed the initial four hours of training on 
127.19 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
127.20 	trainer of the requirements under paragraph (b) or supervisor meeting the requirements 
127.21 	under paragraph (a), clause (1), must be available for consultation with the new employee 
127.22 	until the training requirement is complete. Direct-care employees must have at least two 
127.23 	hours of training on topics related to dementia for each 12 months of employment thereafter;
127.24 	(3) staff who do not provide direct care, including maintenance, housekeeping, and 
127.25 	food service staff, must have at least four hours of initial training on topics specified 
127.26 	under paragraph (b) within 160 working hours of the employment start date, and must 
127.27 	have at least two hours of training on topics related to dementia care for each 12 months of 
127.28 	employment thereafter; and
127.29 	(4) new employees may satisfy the initial training requirements by producing written 
127.30 	proof of previously completed required training within the past 18 months.

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

127.32 	Sec. 20. [144D.10] MANAGER REQUIREMENTS.
127.33 	(a) The person primarily responsible for oversight and management of a housing 
127.34 	with services establishment, as designated by the owner of the housing with services 
127.35 	establishment, must obtain at least 30 hours of continuing education every two years of 
128.1 	employment as the manager in topics relevant to the operations of the housing with services 
128.2 	establishment and the needs of its tenants. Continuing education earned to maintain a 
128.3 	professional license, such as nursing home administrator license, nursing license, social 
128.4 	worker license, and real estate license, can be used to complete this requirement.
128.5 	(b) For managers of establishments identified in section 325F.72, this continuing 
128.6 	education must include at least eight hours of documented training on the topics identified 
128.7 	in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of 
128.8 	training on these topics for each 12 months of employment thereafter.
128.9 	(c) For managers of establishments not covered by section 325F.72, but who provide 
128.10 	assisted living services under chapter 144G, this continuing education must include at 
128.11 	least four hours of documented training on the topics identified in section 144D.065, 
128.12 	paragraph (b), within 160 working hours of hire, and two hours of training on these topics 
128.13 	for each 12 months of employment thereafter.
128.14 	(d) A statement verifying compliance with the continuing education requirement 
128.15 	must be included in the housing with services establishment's annual registration to the 
128.16 	commissioner of health. The establishment must maintain records for at least three years 
128.17 	demonstrating that the person primarily responsible for oversight and management of the 
128.18 	establishment has attended educational programs as required by this section.
128.19 	(e) New managers may satisfy the initial dementia training requirements by producing 
128.20 	written proof of previously completed required training within the past 18 months.
128.21 	(f) This section does not apply to an establishment registered under section 
128.22 	144D.025 serving the homeless.

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

128.24 	Sec. 21. [144D.11] EMERGENCY PLANNING.
128.25 	(a) Each registered housing with services establishment must meet the following 
128.26 	requirements:
128.27 	(1) have a written emergency disaster plan that contains a plan for evacuation, 
128.28 	addresses elements of sheltering in-place, identifies temporary relocation sites, and details 
128.29 	staff assignments in the event of a disaster or an emergency;
128.30 	(2) post an emergency disaster plan prominently;
128.31 	(3) provide building emergency exit diagrams to all tenants upon signing a lease;
128.32 	(4) post emergency exit diagrams on each floor; and
128.33 	(5) have a written policy and procedure regarding missing tenants.
128.34 	(b) Each registered housing with services establishment must provide emergency 
128.35 	and disaster training to all staff during the initial staff orientation and annually thereafter 
129.1 	and must make emergency and disaster training available to all tenants annually. Staff 
129.2 	who have not received emergency and disaster training are allowed to work only when 
129.3 	trained staff are also working on site.
129.4 	(c) Each registered housing with services location must conduct and document a fire 
129.5 	drill or other emergency drill at least every six months. To the extent possible, drills must 
129.6 	be coordinated with local fire departments or other community emergency resources.

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

129.8 	Sec. 22. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision 
129.9 	to read:
129.10 		Subd. 7a.Minority run health care professional associations. The commissioner 
129.11 	shall award grants to minority run health care professional associations to achieve the 
129.12 	following:
129.13 	(1) provide collaborative mental health services to minority residents;
129.14 	(2) provide collaborative, holistic, and culturally competent health care services in 
129.15 	communities with high concentrations of minority residents; and
129.16 	(3) collaborate on recruitment, training, and placement of minorities with health 
129.17 	care providers.

129.18 	Sec. 23. Minnesota Statutes 2012, section 149A.92, is amended by adding a 
129.19 	subdivision to read:
129.20 		Subd. 11.Scope. Notwithstanding the requirements in section 149A.50, this section 
129.21 	applies only to funeral establishments where human remains are present for the purpose 
129.22 	of preparation and embalming, private viewings, visitations, services, and holding of 
129.23 	human remains while awaiting final disposition. For the purpose of this subdivision, 
129.24 	"private viewing" means viewing of a dead human body by persons designated in section 
129.25 	149A.80, subdivision 2.

129.26 	Sec. 24. Minnesota Statutes 2012, section 325H.05, is amended to read:
129.27 	325H.05 POSTED WARNING REQUIRED.
129.28 	(a) The facility owner or operator shall conspicuously post the warning sign signs
129.29 	 described in paragraph paragraphs (b) and (c) within three feet of each tanning station. 
129.30 	The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, 
129.31 	and must be posted so that it can be easily viewed by the consumer before energizing the 
129.32 	tanning equipment.
130.1 	(b) The warning sign required in paragraph (a) shall have dimensions not less than 
130.2 	eight inches by ten inches, and must have the following wording:
130.3 	"DANGER - ULTRAVIOLET RADIATION
130.4 	-Follow instructions.
130.5 	-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin 
130.6 	injury and allergic reactions. Repeated exposure may cause premature aging 
130.7 	of the skin and skin cancer.
130.8 	-Wear protective eyewear.
130.9 	FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
130.10 	IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
130.11 	-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. 
130.12 	Consult a physician before using sunlamp or tanning equipment if you are 
130.13 	using medications or have a history of skin problems or believe yourself to be 
130.14 	especially sensitive to sunlight."
130.15 	(c) All tanning facilities must prominently display a sign in a conspicuous place, 
130.16 	at the point of sale, that states it is unlawful for a tanning facility or operator to allow a 
130.17 	person under age 18 to use any tanning equipment.

130.18 	Sec. 25. [325H.085] USE BY MINORS PROHIBITED.
130.19 	A person under age 18 may not use any type of tanning equipment as defined by 
130.20 	section 325H.01, subdivision 6, available in a tanning facility in this state.

130.21 	Sec. 26. Minnesota Statutes 2012, section 325H.09, is amended to read:
130.22 	325H.09 PENALTY.
130.23 	Any person who leases tanning equipment or who owns a tanning facility and who 
130.24 	operates or permits the equipment or facility to be operated in noncompliance with the 
130.25 	requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

130.26 	Sec. 27. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION; 
130.27 	REGISTRATION.
130.28 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
130.29 	have the meanings given them.
130.30 	(b) "Automatic external defibrillator" or "AED" means an electronic device designed 
130.31 	and manufactured to operate automatically or semiautomatically for the purpose of 
130.32 	delivering an electrical current to the heart of a person in sudden cardiac arrest.
131.1 	(c) "AED registry" means a registry of AEDs that requires a maintenance program 
131.2 	or package, and includes, but is not limited to: the Minnesota AED Registry, the National 
131.3 	AED Registry, iRescU, or a manufacturer-specific program.
131.4 	(d) "Person" means a natural person, partnership, association, corporation, or unit 
131.5 	of government.
131.6 	(e) "Public access AED" means an AED that is intended, by its markings or display, 
131.7 	to be used or accessed by the public for the benefit of the general public that may be in the 
131.8 	vicinity or location of that AED. It does not include an AED that is owned or used by a 
131.9 	hospital, clinic, business, or organization that is intended to be used by staff and is not 
131.10 	marked or displayed in a manner to encourage public access.
131.11 	(f) "Maintenance program or package" means a program that will alert the AED 
131.12 	owner when the AED has electrodes and batteries due to expire or replaces those expiring 
131.13 	electrodes and batteries for the AED owner.
131.14 	(g) "Public safety agency" means local law enforcement, county sheriff, municipal 
131.15 	police, tribal agencies, state law enforcement, fire departments, including municipal 
131.16 	departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, 
131.17 	and licensed ambulance services.
131.18 	(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located 
131.19 	in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be 
131.20 	placed in stationary storage, including, but not limited to, an AED used at an athletic event.
131.21 	(i) "Private-use AED" means an AED that is not intended to be used or accessed by 
131.22 	the public for the benefit of the general public. This may include, but is not limited to, 
131.23 	AEDs found in private residences.
131.24 		Subd. 2.Registration. A person who purchases or obtains a public access AED shall 
131.25 	register that device with an AED registry within 30 working days of receiving the AED.
131.26 		Subd. 3.Required information. A person registering a public access AED shall 
131.27 	provide the following information for each AED:
131.28 	(1) AED manufacturer, model, and serial number;
131.29 	(2) specific location where the AED will be kept; and
131.30 	(3) the title, address, and telephone number of a person in management at the 
131.31 	business or organization where the AED is located.
131.32 		Subd. 4.Information changes. The owner of a public access AED shall notify the 
131.33 	owner's AED registry of any changes in the information that is required in the registration 
131.34 	within 30 working days of the change occurring.
131.35 		Subd. 5.Public access AED requirements. A public access AED:
132.1 	(1) may be inspected during regular business hours by a public safety agency with 
132.2 	jurisdiction over the location of the AED;
132.3 	(2) must be kept in the location specified in the registration; and
132.4 	(3) must be reasonably maintained, including replacement of dead batteries and 
132.5 	pads/electrodes, and comply with all manufacturer's recall and safety notices.
132.6 		Subd. 6.Removal of AED. An authorized agent of a public safety agency with 
132.7 	jurisdiction over the location of the AED may direct the owner of a public access AED to 
132.8 	comply with this section. The authorized agent of the public safety agency may direct 
132.9 	the owner of the AED to remove the AED from its public access location and to remove 
132.10 	or cover any public signs relating to that AED if it is determined that the AED is not 
132.11 	ready for immediate use.
132.12 		Subd. 7.Private-use AEDs. The owner of a private-use AED is not subject to the 
132.13 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
132.14 		Subd. 8.Mobile AEDs. The owner of a mobile AED is not subject to the 
132.15 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
132.16 		Subd. 9.Signs. A person acquiring a public-use AED is encouraged but is not 
132.17 	required to post signs bearing the universal AED symbol in order to increase the ease of 
132.18 	access by the public to the AED in the event of an emergency. A person may not post any 
132.19 	AED sign or allow any AED sign to remain posted upon being ordered to remove or cover 
132.20 	any AED signs by an authorized agent of a public safety agency.
132.21 		Subd. 10.Emergency response plans. The owner of one or more public access 
132.22 	AEDs shall develop an emergency response plan appropriate for the nature of the facility 
132.23 	the AED is intended to serve.
132.24 		Subd. 11.Civil liability. This section does not create any civil liability on the 
132.25 	part of an AED owner or preclude civil liability under other law. Section 645.241 does 
132.26 	not apply to this section.

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

132.28 	Sec. 28. Minnesota Statutes 2012, section 461.12, is amended to read:
132.29 	461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO, 
132.30 	TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
132.31 		Subdivision 1.Authorization. A town board or the governing body of a home 
132.32 	rule charter or statutory city may license and regulate the retail sale of tobacco and,
132.33 	 tobacco-related devices, and electronic delivery devices as defined in section 609.685, 
132.34 	subdivision 1, and nicotine and lobelia delivery products as described in section 609.6855, 
133.1 	and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 
133.2 	The county board shall license and regulate the sale of tobacco and, tobacco-related 
133.3 	devices, electronic delivery devices, and nicotine and lobelia products in unorganized 
133.4 	territory of the county except on the State Fairgrounds and in a town or a home rule charter 
133.5 	or statutory city if the town or city does not license and regulate retail sales of tobacco 
133.6 	sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
133.7 	delivery products. The State Agricultural Society shall license and regulate the sale of 
133.8 	tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
133.9 	delivery products on the State Fairgrounds. Retail establishments licensed by a town or 
133.10 	city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and 
133.11 	lobelia delivery products are not required to obtain a second license for the same location 
133.12 	under the licensing ordinance of the county.
133.13 		Subd. 2.Administrative penalties; licensees. If a licensee or employee of a 
133.14 	licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine 
133.15 	or lobelia delivery products to a person under the age of 18 years, or violates any other 
133.16 	provision of this chapter, the licensee shall be charged an administrative penalty of $75. 
133.17 	An administrative penalty of $200 must be imposed for a second violation at the same 
133.18 	location within 24 months after the initial violation. For a third violation at the same 
133.19 	location within 24 months after the initial violation, an administrative penalty of $250 
133.20 	must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, 
133.21 	electronic delivery devices, or nicotine or lobelia delivery products at that location must be 
133.22 	suspended for not less than seven days. No suspension or penalty may take effect until the 
133.23 	licensee has received notice, served personally or by mail, of the alleged violation and an 
133.24 	opportunity for a hearing before a person authorized by the licensing authority to conduct 
133.25 	the hearing. A decision that a violation has occurred must be in writing.
133.26 		Subd. 3.Administrative penalty; individuals. An individual who sells tobacco 
133.27 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
133.28 	products to a person under the age of 18 years must be charged an administrative penalty 
133.29 	of $50. No penalty may be imposed until the individual has received notice, served 
133.30 	personally or by mail, of the alleged violation and an opportunity for a hearing before a 
133.31 	person authorized by the licensing authority to conduct the hearing. A decision that a 
133.32 	violation has occurred must be in writing.
133.33 		Subd. 4.Minors. The licensing authority shall consult with interested educators, 
133.34 	parents, children, and representatives of the court system to develop alternative penalties 
133.35 	for minors who purchase, possess, and consume tobacco or, tobacco-related devices, 
133.36 	electronic delivery devices, or nicotine or lobelia delivery products. The licensing 
134.1 	authority and the interested persons shall consider a variety of options, including, but 
134.2 	not limited to, tobacco free education programs, notice to schools, parents, community 
134.3 	service, and other court diversion programs.
134.4 		Subd. 5.Compliance checks. A licensing authority shall conduct unannounced 
134.5 	compliance checks at least once each calendar year at each location where tobacco is, 
134.6 	tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products 
134.7 	are sold to test compliance with section sections 609.685 and 609.6855. Compliance 
134.8 	checks must involve minors over the age of 15, but under the age of 18, who, with the prior 
134.9 	written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related 
134.10 	devices, electronic delivery devices, or nicotine or lobelia delivery products under the 
134.11 	direct supervision of a law enforcement officer or an employee of the licensing authority.
134.12 		Subd. 6.Defense. It is an affirmative defense to the charge of selling tobacco 
134.13 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
134.14 	products to a person under the age of 18 years in violation of subdivision 2 or 3 that the 
134.15 	licensee or individual making the sale relied in good faith upon proof of age as described 
134.16 	in section 340A.503, subdivision 6.
134.17 		Subd. 7.Judicial review. Any person aggrieved by a decision under subdivision 
134.18 	2 or 3 may have the decision reviewed in the district court in the same manner and 
134.19 	procedure as provided in section 462.361.
134.20 		Subd. 8.Notice to commissioner. The licensing authority under this section shall, 
134.21 	within 30 days of the issuance of a license, inform the commissioner of revenue of the 
134.22 	licensee's name, address, trade name, and the effective and expiration dates of the license. 
134.23 	The commissioner of revenue must also be informed of a license renewal, transfer, 
134.24 	cancellation, suspension, or revocation during the license period.

134.25 	Sec. 29. Minnesota Statutes 2012, section 461.18, is amended to read:
134.26 	461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
134.27 		Subdivision 1.Except in adult-only facilities. (a) No person shall offer for sale 
134.28 	tobacco or tobacco-related devices, or electronic delivery devices as defined in section 
134.29 	609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 
134.30 	609.6855, in open displays which are accessible to the public without the intervention 
134.31 	of a store employee.
134.32 	(b) [Expired August 28, 1997]
134.33 	(c) [Expired]
134.34 	(d) This subdivision shall not apply to retail stores which derive at least 90 percent 
134.35 	of their revenue from tobacco and tobacco-related products devices and where the retailer 
135.1 	ensures that no person younger than 18 years of age is present, or permitted to enter, at 
135.2 	any time.
135.3 		Subd. 2.Vending machine sales prohibited. No person shall sell tobacco products, 
135.4 	electronic delivery devices, or nicotine or lobelia delivery products from vending 
135.5 	machines. This subdivision does not apply to vending machines in facilities that cannot be 
135.6 	entered at any time by persons younger than 18 years of age.
135.7 		Subd. 3.Federal regulations for cartons, multipacks. Code of Federal 
135.8 	Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 
135.9 	and other multipack units.

135.10 	Sec. 30. Minnesota Statutes 2012, section 461.19, is amended to read:
135.11 	461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
135.12 	Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 
135.13 	restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery 
135.14 	devices, and nicotine and lobelia products. A governing body shall give notice of its 
135.15 	intention to consider adoption or substantial amendment of any local ordinance required 
135.16 	under section 461.12 or permitted under this section. The governing body shall take 
135.17 	reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 
135.18 	known address of each licensee or person required to hold a license under section 461.12. 
135.19 	The notice shall state the time, place, and date of the meeting and the subject matter of 
135.20 	the proposed ordinance.

135.21 	Sec. 31. [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
135.22 	(a) For purposes of this section, "child-resistant packaging" is defined as set forth 
135.23 	in Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on January 
135.24 	1, 2015, when tested in accordance with the method described in Code of Federal 
135.25 	Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
135.26 	(b) The sale of any liquid, whether or not such liquid contains nicotine, that is 
135.27 	intended for human consumption and use in an electronic delivery device, as defined in 
135.28 	section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is 
135.29 	prohibited. All licensees under this chapter must ensure that any liquid intended for human 
135.30 	consumption and use in an electronic delivery device is sold in child-resistant packaging.
135.31 	(c) A licensee that fails to comply with this section is subject to administrative 
135.32 	penalties under section 461.12, subdivision 2.

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

136.1 	Sec. 32. [461.21] KIOSK SALES PROHIBITED.
136.2 	No person shall sell tobacco, tobacco-related devices, or electronic delivery devices 
136.3 	as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as 
136.4 	described in section 609.6855, from a moveable place of business. For the purposes of this 
136.5 	section, a moveable place of business means any retail business whose physical location is 
136.6 	not permanent, including, but not limited to, any retail business that is operated from a 
136.7 	kiosk, other transportable structure, or a motorized or nonmotorized vehicle.

136.8 	EFFECTIVE DATE. This section is effective January 1, 2015, for contracts in 
136.9 	effect as of May 1, 2014. This section is effective August 1, 2014, for any contracts 
136.10 	entered into after May 1, 2014.

136.11 	Sec. 33. Minnesota Statutes 2012, section 609.685, is amended to read:
136.12 	609.685 SALE OF TOBACCO TO CHILDREN.
136.13 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
136.14 	shall have the meanings respectively ascribed to them in this section.
136.15 	(a) "Tobacco" means cigarettes and any product containing, made, or derived from 
136.16 	tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 
136.17 	dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 
136.18 	part, or accessory of a tobacco product; including but not limited to cigars; cheroots; 
136.19 	stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 
136.20 	snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 
136.21 	shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 
136.22 	forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 
136.23 	United States Food and Drug Administration for sale as a tobacco-cessation product, as a 
136.24 	tobacco-dependence product, or for other medical purposes, and is being marketed and 
136.25 	sold solely for such an approved purpose.
136.26 	(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or 
136.27 	other devices intentionally designed or intended to be used in a manner which enables 
136.28 	the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. 
136.29 	Tobacco-related devices include components of tobacco-related devices which may be 
136.30 	marketed or sold separately.
136.31 	(c) "Electronic delivery device" means any product containing or delivering nicotine, 
136.32 	lobelia, or any other substance intended for human consumption that can be used by a 
136.33 	person to simulate smoking in the delivery of nicotine or any other substance through 
136.34 	inhalation of vapor from the product. Electronic delivery device includes any component 
137.1 	part of a product, whether or not marketed or sold separately. Electronic delivery device 
137.2 	does not include any product that has been approved or certified by the United States Food 
137.3 	and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence 
137.4 	product, or for other medical purposes, and is marketed and sold for such an approved 
137.5 	purpose.
137.6 		Subd. 1a.Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or 
137.7 	electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor 
137.8 	for the first violation. Whoever violates this subdivision a subsequent time within five 
137.9 	years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
137.10 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
137.11 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
137.12 	relied on proof of age as described in section 340A.503, subdivision 6.
137.13 		Subd. 2.Other offenses. (a) Whoever furnishes tobacco or, tobacco-related 
137.14 	devices, or electronic delivery devices to a person under the age of 18 years is guilty of a 
137.15 	misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 
137.16 	guilty of a gross misdemeanor.
137.17 	(b) A person under the age of 18 years who purchases or attempts to purchase 
137.18 	tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's 
137.19 	license, permit, Minnesota identification card, or any type of false identification to 
137.20 	misrepresent the person's age, is guilty of a misdemeanor.
137.21 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivision 2, 
137.22 	whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 
137.23 	purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery 
137.24 	devices and is under the age of 18 years is guilty of a petty misdemeanor.
137.25 		Subd. 4.Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 
137.26 	or preclude the continuation or adoption of any local ordinance which provides for more 
137.27 	stringent regulation of the subject matter in subdivisions 1 to 3.
137.28 		Subd. 5.Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 
137.29 	tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 
137.30 	traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 
137.31 	is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
137.32 	(b) The penalties in this section do not apply to a person under the age of 18 years 
137.33 	who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic 
137.34 	delivery devices while under the direct supervision of a responsible adult for training, 
137.35 	education, research, or enforcement purposes.
138.1 		Subd. 6.Seizure of false identification. A retailer may seize a form of identification 
138.2 	listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 
138.3 	that the form of identification has been altered or falsified or is being used to violate any 
138.4 	law. A retailer that seizes a form of identification as authorized under this subdivision 
138.5 	shall deliver it to a law enforcement agency within 24 hours of seizing it.

138.6 	Sec. 34. Minnesota Statutes 2012, section 609.6855, is amended to read:
138.7 	609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
138.8 		Subdivision 1.Penalty to sell. (a) Whoever sells to a person under the age of 
138.9 	18 years a product containing or delivering nicotine or lobelia intended for human 
138.10 	consumption, or any part of such a product, that is not tobacco or an electronic delivery 
138.11 	device as defined by section 609.685, is guilty of a misdemeanor for the first violation. 
138.12 	Whoever violates this subdivision a subsequent time within five years of a previous 
138.13 	conviction under this subdivision is guilty of a gross misdemeanor.
138.14 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
138.15 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
138.16 	relied on proof of age as described in section 340A.503, subdivision 6.
138.17 	(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 
138.18 	lobelia intended for human consumption, or any part of such a product, that is not tobacco
138.19 	 or an electronic delivery device as defined by section 609.685, may be sold to persons 
138.20 	under the age of 18 if the product has been approved or otherwise certified for legal sale 
138.21 	by the United States Food and Drug Administration for tobacco use cessation, harm 
138.22 	reduction, or for other medical purposes, and is being marketed and sold solely for that 
138.23 	approved purpose.
138.24 		Subd. 2.Other offense. A person under the age of 18 years who purchases or 
138.25 	attempts to purchase a product containing or delivering nicotine or lobelia intended for 
138.26 	human consumption, or any part of such a product, that is not tobacco or an electronic 
138.27 	delivery device as defined by section 609.685, and who uses a driver's license, permit, 
138.28 	Minnesota identification card, or any type of false identification to misrepresent the 
138.29 	person's age, is guilty of a misdemeanor.
138.30 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 
138.31 	2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 
138.32 	a product containing or delivering nicotine or lobelia intended for human consumption, or 
138.33 	any part of such a product, that is not tobacco or an electronic delivery device as defined 
138.34 	by section 609.685, is guilty of a petty misdemeanor.

139.1 	Sec. 35. EVALUATION AND REPORTING REQUIREMENTS.
 139.2 	(a) The commissioner of health shall consult with the Alzheimer's Association, 
139.3 	Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term 
139.4 	care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
139.5 	(1) whether additional settings, provider types, licensed and unlicensed personnel, or 
139.6 	health care services regulated by the commissioner should be required to comply with the 
139.7 	training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
139.8 	(2) cost implications for the groups or individuals identified in clause (1) to comply 
139.9 	with the training requirements;
139.10 	(3) dementia education options available;
139.11 	(4) existing dementia training mandates under federal and state statutes and rules; and
139.12 	(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and 
139.13 	144D.11, and methods to determine compliance with the training requirements.
139.14 	(b) The commissioner shall report the evaluation to the chairs of the health and 
139.15 	human services committees of the legislature no later than February 15, 2015, along with 
139.16 	any recommendations for legislative changes.

139.17 	Sec. 36. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
 139.18 	The commissioner of health shall develop recommendations on ways to minimize 
139.19 	triclosan health risks.

139.20 	Sec. 37.  REPEALER.
 139.21 	 Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

139.22 	ARTICLE 7
139.23 	LOCAL PUBLIC HEALTH SYSTEM

139.24 	Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a 
139.25 	subdivision to read:
139.26 		Subd. 1a.Areas of public health responsibility. "Areas of public health 
139.27 	responsibility" means:
139.28 	(1) assuring an adequate local public health infrastructure;
139.29 	(2) promoting healthy communities and healthy behaviors;
139.30 	(3) preventing the spread of communicable disease;
139.31 	(4) protecting against environmental health hazards;
139.32 	(5) preparing for and responding to emergencies; and
139.33 	(6) assuring health services.

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

140.8 	Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
140.9 	to read:
140.10 		Subd. 6a.Community health services administrator. "Community health services 
140.11 	administrator" means a person who meets personnel standards for the position established 
140.12 	under section 145A.06, subdivision 3b, and is working under a written agreement with, 
140.13 	employed by, or under contract with a community health board to provide public health 
140.14 	leadership and to discharge the administrative and program responsibilities on behalf of 
140.15 	the board.

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

140.22 	Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
140.23 	to read:
140.24 		Subd. 8b.Essential public health services. "Essential public health services" 
140.25 	means the public health activities that all communities should undertake. These services 
140.26 	serve as the framework for the National Public Health Performance Standards. In 
140.27 	Minnesota they refer to activities that are conducted to accomplish the areas of public 
140.28 	health responsibility. The ten essential public health services are to:
140.29 	(1) monitor health status to identify and solve community health problems;
140.30 	(2) diagnose and investigate health problems and health hazards in the community;
140.31 	(3) inform, educate, and empower people about health issues;
140.32 	(4) mobilize community partnerships and action to identify and solve health 
140.33 	problems;
141.1 	(5) develop policies and plans that support individual and community health efforts;
141.2 	(6) enforce laws and regulations that protect health and ensure safety;
141.3 	(7) link people to needed personal health services and assure the provision of health 
141.4 	care when otherwise unavailable;
141.5 	(8) maintain a competent public health workforce;
141.6 	(9) evaluate the effectiveness, accessibility, and quality of personal and 
141.7 	population-based health services; and
141.8 	(10) contribute to research seeking new insights and innovative solutions to health 
141.9 	problems.

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

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

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

141.27 	Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
141.28 		Subdivision 1.Establishment; assignment of responsibilities. (a) The governing 
141.29 	body of a city or county must undertake the responsibilities of a community health board 
141.30 	of health or establish a board of health by establishing or joining a community health 
141.31 	board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of 
141.32 	a board of health specified under section 145A.04.
142.1 	(b) A city council may ask a county or joint powers board of health to undertake 
142.2 	the responsibilities of a board of health for the city's jurisdiction. A community health 
142.3 	board must include within its jurisdiction a population of 30,000 or more persons or be 
142.4 	composed of three or more contiguous counties.
142.5 	(c) A county board or city council within the jurisdiction of a community health 
142.6 	board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
142.7 	 community health board except as specified in section 145A.10, subdivision 2 145A.131.
142.8 	(d) A county board or a joint powers board that establishes a community health 
142.9 	board and has or establishes an operational human services board under chapter 402 may 
142.10 	assign the powers and duties of a community health board to a human services board. 
142.11 	Eligibility for funding from the commissioner will be maintained if all requirements of 
142.12 	sections 145A.03 and 145A.04 are met.
142.13 	(e) Community health boards established prior to January 1, 2014, including city 
142.14 	community health boards, are eligible to maintain their status as community health boards 
142.15 	as outlined in this subdivision.
142.16 	(f) A community health board may authorize, by resolution, the community 
142.17 	health service administrator or other designated agent or agents to act on behalf of the 
142.18 	community health board.

142.19 	Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
142.20 		Subd. 2.Joint powers community health board of health. Except as preempted 
142.21 	under section 145A.10, subdivision 2, A county may establish a joint community health 
142.22 	board of health by agreement with one or more contiguous counties, or a an existing city 
142.23 	community health board may establish a joint community health board of health with one 
142.24 	or more contiguous cities in the same county, or a city may establish a joint board of health 
142.25 	with the existing city community health boards in the same county or counties within in
142.26 	 which it is located. The agreements must be established according to section 471.59.

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

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

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

143.12 	Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter 
143.13 	43, section 21, is amended to read:
143.14 	145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF 
143.15 	HEALTH.
143.16 		Subdivision 1.Jurisdiction; enforcement. (a) A county or multicountycommunity 
143.17 	health board of health has the powers and duties of a board of health for all territory within 
143.18 	its jurisdiction not under the jurisdiction of a city board of health. Under the general 
143.19 	supervision of the commissioner, the board shall enforce laws, regulations, and ordinances 
143.20 	pertaining to the powers and duties of a board of health within its jurisdictional area
143.21 	 general responsibility for development and maintenance of a system of community health 
143.22 	services under local administration and within a system of state guidelines and standards.
143.23 	(b) Under the general supervision of the commissioner, the community health board 
143.24 	shall recommend the enforcement of laws, regulations, and ordinances pertaining to the 
143.25 	powers and duties within its jurisdictional area. In the case of a multicounty or city 
143.26 	community health board, the joint powers agreement under section 145A.03, subdivision 
143.27 	2, or delegation agreement under section 145A.07 shall clearly specify enforcement 
143.28 	authorities.
143.29 	(c) A member of a community health board may not withdraw from a joint powers 
143.30 	community health board during the first two calendar years following the effective 
143.31 	date of the initial joint powers agreement. The withdrawing member must notify the 
143.32 	commissioner and the other parties to the agreement at least one year before the beginning 
143.33 	of the calendar year in which withdrawal takes effect.
144.1 	(d) The withdrawal of a county or city from a community health board does not 
144.2 	affect the eligibility for the local public health grant of any remaining county or city for 
144.3 	one calendar year following the effective date of withdrawal.
144.4 	(e) The local public health grant for a county or city that chooses to withdraw from 
144.5 	a multicounty community health board shall be reduced by the amount of the local 
144.6 	partnership incentive.
144.7 		Subd. 1a.Duties. Consistent with the guidelines and standards established under 
144.8 	section 145A.06, the community health board shall:
144.9 	(1) identify local public health priorities and implement activities to address the 
144.10 	priorities and the areas of public health responsibility, which include:
144.11 	(i) assuring an adequate local public health infrastructure by maintaining the basic 
144.12 	foundational capacities to a well-functioning public health system that includes data 
144.13 	analysis and utilization; health planning; partnership development and community 
144.14 	mobilization; policy development, analysis, and decision support; communication; and 
144.15 	public health research, evaluation, and quality improvement;
144.16 	(ii) promoting healthy communities and healthy behavior through activities 
144.17 	that improve health in a population, such as investing in healthy families; engaging 
144.18 	communities to change policies, systems, or environments to promote positive health or 
144.19 	prevent adverse health; providing information and education about healthy communities 
144.20 	or population health status; and addressing issues of health equity, health disparities, and 
144.21 	the social determinants to health;
144.22 	(iii) preventing the spread of communicable disease by preventing diseases that are 
144.23 	caused by infectious agents through detecting acute infectious diseases, ensuring the 
144.24 	reporting of infectious diseases, preventing the transmission of infectious diseases, and 
144.25 	implementing control measures during infectious disease outbreaks;
144.26 	(iv) protecting against environmental health hazards by addressing aspects of the 
144.27 	environment that pose risks to human health, such as monitoring air and water quality; 
144.28 	developing policies and programs to reduce exposure to environmental health risks and 
144.29 	promote healthy environments; and identifying and mitigating environmental risks such as 
144.30 	food and waterborne diseases, radiation, occupational health hazards, and public health 
144.31 	nuisances;
144.32 	(v) preparing and responding to emergencies by engaging in activities that prepare 
144.33 	public health departments to respond to events and incidents and assist communities in 
144.34 	recovery, such as providing leadership for public health preparedness activities with 
144.35 	a community; developing, exercising, and periodically reviewing response plans for 
145.1 	public health threats; and developing and maintaining a system of public health workforce 
145.2 	readiness, deployment, and response; and
145.3 	(vi) assuring health services by engaging in activities such as assessing the 
145.4 	availability of health-related services and health care providers in local communities, 
145.5 	identifying gaps and barriers in services; convening community partners to improve 
145.6 	community health systems; and providing services identified as priorities by the local 
145.7 	assessment and planning process; and
145.8 	(2) submit to the commissioner of health, at least every five years, a community 
145.9 	health assessment and community health improvement plan, which shall be developed 
145.10 	with input from the community and take into consideration the statewide outcomes, the 
145.11 	areas of responsibility, and essential public health services;
145.12 	(3) implement a performance management process in order to achieve desired 
145.13 	outcomes; and
145.14 	(4) annually report to the commissioner on a set of performance measures and be 
145.15 	prepared to provide documentation of ability to meet the performance measures.
145.16 		Subd. 2.Appointment of agent community health service (CHS) administrator.
 145.17 	A community health board of health must appoint, employ, or contract with a person or 
145.18 	persons CHS administrator to act on its behalf. The board shall notify the commissioner 
145.19 	of the agent's name, address, and phone number where the agent may be reached between 
145.20 	board meetings CHS administrator's contact information and submit a copy of the 
145.21 	resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
145.22 	 The resolution must specify the types of action or actions that the CHS administrator is 
145.23 	authorized to take on behalf of the board.
145.24 		Subd. 2a.Appointment of medical consultant. The community health board shall 
145.25 	appoint, employ, or contract with a medical consultant to ensure appropriate medical 
145.26 	advice and direction for the community health board and assist the board and its staff in 
145.27 	the coordination of community health services with local medical care and other health 
145.28 	services.
145.29 		Subd. 3.Employment; medical consultant employees. (a) A community health 
145.30 	board of health may establish a health department or other administrative agency and may 
145.31 	employ persons as necessary to carry out its duties.
145.32 	(b) Except where prohibited by law, employees of the community health board 
145.33 	of health may act as its agents.
145.34 	(c) Employees of the board of health are subject to any personnel administration 
145.35 	rules adopted by a city council or county board forming the board of health unless the 
145.36 	employees of the board are within the scope of a statewide personnel administration 
146.1 	system. Persons employed by a county, city, or the state whose functions and duties are 
146.2 	assumed by a community health board shall become employees of the board without 
146.3 	loss in benefits, salaries, or rights.
146.4 	(d) The board of health may appoint, employ, or contract with a medical consultant 
146.5 	to receive appropriate medical advice and direction.
146.6 		Subd. 4.Acquisition of property; request for and acceptance of funds; 
146.7 	collection of fees. (a) A community health board of health may acquire and hold in the 
146.8 	name of the county or city the lands, buildings, and equipment necessary for the purposes 
146.9 	of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts, 
146.10 	purchase, lease, or transfer of custodial control.
146.11 	(b) A community health board of health may accept gifts, grants, and subsidies from 
146.12 	any lawful source, apply for and accept state and federal funds, and request and accept 
146.13 	local tax funds.
146.14 	(c) A community health board of health may establish and collect reasonable fees 
146.15 	for performing its duties and providing community health services.
146.16 	(d) With the exception of licensing and inspection activities, access to community 
146.17 	health services provided by or on contract with the community health board of health must 
146.18 	not be denied to an individual or family because of inability to pay.
146.19 		Subd. 5.Contracts. To improve efficiency, quality, and effectiveness, avoid 
146.20 	unnecessary duplication, and gain cost advantages, a community health board of health
146.21 	 may contract to provide, receive, or ensure provision of services.
146.22 		Subd. 6.Investigation; reporting and control of communicable diseases. A 
146.23 	community health board of health shall make investigations, or coordinate with any 
146.24 	county board or city council within its jurisdiction to make investigations and reports and 
146.25 	obey instructions on the control of communicable diseases as the commissioner may 
146.26 	direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health 
146.27 	boards of healthmust cooperate so far as practicable to act together to prevent and control 
146.28 	epidemic diseases.
146.29 		Subd. 6a.Minnesota Responds Medical Reserve Corps; planning. A community 
146.30 	health board of health receiving funding for emergency preparedness or pandemic 
146.31 	influenza planning from the state or from the United States Department of Health and 
146.32 	Human Services shall participate in planning for emergency use of volunteer health 
146.33 	professionals through the Minnesota Responds Medical Reserve Corps program of the 
146.34 	Department of Health. A community health board of health shall collaborate on volunteer 
146.35 	planning with other public and private partners, including but not limited to local or 
147.1 	regional health care providers, emergency medical services, hospitals, tribal governments, 
147.2 	state and local emergency management, and local disaster relief organizations.
147.3 		Subd. 6b.Minnesota Responds Medical Reserve Corps; agreements. A 
147.4 	community health board of health, county, or city participating in the Minnesota Responds 
147.5 	Medical Reserve Corps program may enter into written mutual aid agreements for 
147.6 	deployment of its paid employees and its Minnesota Responds Medical Reserve Corps 
147.7 	volunteers with other community health boards of health, other political subdivisions 
147.8 	within the state, or with tribal governments within the state. A community health board 
147.9 	of health may also enter into agreements with the Indian Health Services of the United 
147.10 	States Department of Health and Human Services, and with boards of health, political 
147.11 	subdivisions, and tribal governments in bordering states and Canadian provinces.
147.12 		Subd. 6c.Minnesota Responds Medical Reserve Corps; when mobilized. When 
147.13 	a community health board of health, county, or city finds that the prevention, mitigation, 
147.14 	response to, or recovery from an actual or threatened public health event or emergency 
147.15 	exceeds its local capacity, it shall use available mutual aid agreements. If the event or 
147.16 	emergency exceeds mutual aid capacities, a community health board of health, county, or 
147.17 	city may request the commissioner of health to mobilize Minnesota Responds Medical 
147.18 	Reserve Corps volunteers from outside the jurisdiction of the community health board 
147.19 	of health, county, or city.
147.20 		Subd. 6d.Minnesota Responds Medical Reserve Corps; liability coverage.
 147.21 	A Minnesota Responds Medical Reserve Corps volunteer responding to a request for 
147.22 	training or assistance at the call of a community health board of health, county, or city
147.23 	 must be deemed an employee of the jurisdiction for purposes of workers' compensation, 
147.24 	tort claim defense, and indemnification.
147.25 		Subd. 7.Entry for inspection. To enforce public health laws, ordinances or rules, a 
147.26 	member or agent of a community health board of health, county, or city may enter a 
147.27 	building, conveyance, or place where contagion, infection, filth, or other source or cause 
147.28 	of preventable disease exists or is reasonably suspected.
147.29 		Subd. 8.Removal and abatement of public health nuisances. (a) If a threat to the 
147.30 	public health such as a public health nuisance, source of filth, or cause of sickness is found 
147.31 	on any property, the community health board of health, county, city, or its agent shall order 
147.32 	the owner or occupant of the property to remove or abate the threat within a time specified 
147.33 	in the notice but not longer than ten days. Action to recover costs of enforcement under 
147.34 	this subdivision must be taken as prescribed in section 145A.08.
147.35 	(b) Notice for abatement or removal must be served on the owner, occupant, or agent 
147.36 	of the property in one of the following ways:
148.1 	(1) by registered or certified mail;
148.2 	(2) by an officer authorized to serve a warrant; or
148.3 	(3) by a person aged 18 years or older who is not reasonably believed to be a party to 
148.4 	any action arising from the notice.
148.5 	(c) If the owner of the property is unknown or absent and has no known representative 
148.6 	upon whom notice can be served, the community health board of health, county, or city,
148.7 	 or its agent, shall post a written or printed notice on the property stating that, unless the 
148.8 	threat to the public health is abated or removed within a period not longer than ten days, 
148.9 	the community health board, county, or city will have the threat abated or removed at the 
148.10 	expense of the owner under section 145A.08 or other applicable state or local law.
148.11 	(d) If the owner, occupant, or agent fails or neglects to comply with the requirement 
148.12 	of the notice provided under paragraphs (b) and (c), then the community health board of 
148.13 	health, county, city, or its a designated agent of the board, county, or city shall remove or 
148.14 	abate the nuisance, source of filth, or cause of sickness described in the notice from the 
148.15 	property.
148.16 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
148.17 	community health board of health, county, or city may bring an action in the court of 
148.18 	appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board 
148.19 	has power to enforce, or to enjoin as a public health nuisance any activity or failure to 
148.20 	act that adversely affects the public health.
148.21 		Subd. 10.Hindrance of enforcement prohibited; penalty. It is a misdemeanor 
148.22 	deliberately to deliberately hinder a member of a community health board of health, 
148.23 	county or city, or its agent from entering a building, conveyance, or place where contagion, 
148.24 	infection, filth, or other source or cause of preventable disease exists or is reasonably 
148.25 	suspected, or otherwise to interfere with the performance of the duties of the board of 
148.26 	health responsible jurisdiction.
148.27 		Subd. 11.Neglect of enforcement prohibited; penalty. It is a misdemeanor for 
148.28 	a member or agent of a community health board of health, county, or city to refuse or 
148.29 	neglect to perform a duty imposed on a board of health an applicable jurisdiction by 
148.30 	statute or ordinance.
148.31 		Subd. 12.Other powers and duties established by law. This section does not limit 
148.32 	powers and duties of a community health board of health, county, or city prescribed in 
148.33 	other sections.
148.34 		Subd. 13.Recommended legislation. The community health board may recommend 
148.35 	local ordinances pertaining to community health services to any county board or city 
149.1 	council within its jurisdiction and advise the commissioner on matters relating to public 
149.2 	health that require assistance from the state, or that may be of more than local interest.
149.3 		Subd. 14.Equal access to services. The community health board must ensure that 
149.4 	community health services are accessible to all persons on the basis of need. No one shall 
149.5 	be denied services because of race, color, sex, age, language, religion, nationality, inability 
149.6 	to pay, political persuasion, or place of residence.
149.7 		Subd. 15.State and local advisory committees. (a) A state community 
149.8 	health services advisory committee is established to advise, consult with, and make 
149.9 	recommendations to the commissioner on the development, maintenance, funding, and 
149.10 	evaluation of local public health services. Each community health board may appoint a 
149.11 	member to serve on the committee. The committee must meet at least quarterly, and 
149.12 	special meetings may be called by the committee chair or a majority of the members. 
149.13 	Members or their alternates may be reimbursed for travel and other necessary expenses 
149.14 	while engaged in their official duties.
149.15 	(b) Notwithstanding section 15.059, the State Community Health Services Advisory 
149.16 	Committee does not expire.
149.17 	(c) The city boards or county boards that have established or are members of a 
149.18 	community health board may appoint a community health advisory to advise, consult 
149.19 	with, and make recommendations to the community health board on the duties under 
149.20 	subdivision 1a.

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

149.27 	Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
149.28 		Subd. 2.Supervision of local enforcement. (a) In the absence of provision for a 
149.29 	community health board of health, the commissioner may appoint three or more persons 
149.30 	to act as a board until one is established. The commissioner may fix their compensation, 
149.31 	which the county or city must pay.
149.32 	(b) The commissioner by written order may require any two or more community 
149.33 	health boards of health, counties, or cities to act together to prevent or control epidemic 
149.34 	diseases.
150.1 	(c) If a community health board, county, or city fails to comply with section 145A.04, 
150.2 	subdivision 6, the commissioner may employ medical and other help necessary to control 
150.3 	communicable disease at the expense of the board of health jurisdiction involved.
150.4 	(d) If the commissioner has reason to believe that the provisions of this chapter have 
150.5 	been violated, the commissioner shall inform the attorney general and submit information 
150.6 	to support the belief. The attorney general shall institute proceedings to enforce the 
150.7 	provisions of this chapter or shall direct the county attorney to institute proceedings.

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

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

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

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

151.6 	Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
151.7 		Subd. 6.Health volunteer program. (a) The commissioner may accept grants from 
151.8 	the United States Department of Health and Human Services for the emergency system 
151.9 	for the advanced registration of volunteer health professionals (ESAR-VHP) established 
151.10 	under United States Code, title 42, section 247d-7b. The ESAR-VHP program as 
151.11 	implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
151.12 	(b) The commissioner may maintain a registry of volunteers for the Minnesota 
151.13 	Responds Medical Reserve Corps and obtain data on volunteers relevant to possible 
151.14 	deployments within and outside the state. All state licensing and certifying boards 
151.15 	shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify 
151.16 	volunteers' information. The commissioner may also obtain information from other states 
151.17 	and national licensing or certifying boards for health practitioners.
151.18 	(c) The commissioner may share volunteers' data, including any data classified 
151.19 	as private data, from the Minnesota Responds Medical Reserve Corps registry with 
151.20 	community health boards of health, cities or counties, the University of Minnesota's 
151.21 	Academic Health Center or other public or private emergency preparedness partners, or 
151.22 	tribal governments operating Minnesota Responds Medical Reserve Corps units as needed 
151.23 	for credentialing, organizing, training, and deploying volunteers. Upon request of another 
151.24 	state participating in the ESAR-VHP or of a Canadian government administering a similar 
151.25 	health volunteer program, the commissioner may also share the volunteers' data as needed 
151.26 	for emergency preparedness and response.

151.27 	Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is 
151.28 	amended to read:
151.29 		Subd. 7. Commissioner requests for health volunteers. (a) When the 
151.30 	commissioner receives a request for health volunteers from:
151.31 	(1) a local board of health community health board, county, or city according to 
151.32 	section 145A.04, subdivision 6c;
151.33 	(2) the University of Minnesota Academic Health Center;
152.1 	(3) another state or a territory through the Interstate Emergency Management 
152.2 	Assistance Compact authorized under section 192.89;
152.3 	(4) the federal government through ESAR-VHP or another similar program; or
152.4 	(5) a tribal or Canadian government;
152.5 	the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 
152.6 	Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 
152.7 	the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 
152.8 	respond to the request. The commissioner may also ask for Minnesota Responds Medical 
152.9 	Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
152.10 	(b) The commissioner may request Minnesota Responds Medical Reserve Corps 
152.11 	volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 
152.12 	or temporary units providing emergency patient stabilization, medical transport, or 
152.13 	ambulatory care. The commissioner may utilize the volunteers for training, mobilization 
152.14 	or demobilization, inspection, maintenance, repair, or other support functions for the 
152.15 	MMU facility or for other emergency units, as well as for provision of health care services.
152.16 	(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 
152.17 	Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 
152.18 	compensation provided by the volunteer's employer during volunteer service requested by 
152.19 	the commissioner. An employer is not liable for actions of an employee while serving as a 
152.20 	Minnesota Responds Medical Reserve Corps volunteer.
152.21 	(d) If the commissioner matches the request under paragraph (a) with Minnesota 
152.22 	Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 
152.23 	of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 
152.24 	the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 
152.25 	sending and receiving jurisdictions in monitoring deployments, and shall coordinate 
152.26 	efforts with the division of homeland security and emergency management for out-of-state 
152.27 	deployments through the Interstate Emergency Management Assistance Compact or 
152.28 	other emergency management compacts.
152.29 	(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 
152.30 	Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 
152.31 	apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 
152.32 	across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 
152.33 	the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 
152.34 	as of their initial deployment in response to the event or emergency that triggered a 
152.35 	subsequent commissioner's call.
153.1 	(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 
153.2 	request for training or assistance at the call of the commissioner must be deemed an 
153.3 	employee of the state for purposes of workers' compensation and tort claim defense and 
153.4 	indemnification under section 3.736, without regard to whether the volunteer's activity is 
153.5 	under the direction and control of the commissioner, the division of homeland security 
153.6 	and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 
153.7 	hospital, alternate care site, or other health care provider treating patients from the public 
153.8 	health event or emergency.
153.9 	(2) For purposes of calculating workers' compensation benefits under chapter 176, 
153.10 	the daily wage must be the usual wage paid at the time of injury or death for similar services 
153.11 	performed by paid employees in the community where the volunteer regularly resides, or 
153.12 	the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
153.13 	(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 
153.14 	reimbursement for travel and subsistence expenses during a deployment approved by the 
153.15 	commissioner under this subdivision according to reimbursement limits established for 
153.16 	paid state employees. Deployment begins when the volunteer leaves on the deployment 
153.17 	until the volunteer returns from the deployment, including all travel related to the 
153.18 	deployment. The Department of Health shall initially review and pay those expenses to 
153.19 	the volunteer. Except as otherwise provided by the Interstate Emergency Management 
153.20 	Assistance Compact in section 192.89 or agreements made thereunder, the department 
153.21 	shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 
153.22 	department for expenses of the volunteers.
153.23 	(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 
153.24 	deployed outside the state pursuant to the Interstate Emergency Management Assistance 
153.25 	Compact, the provisions of the Interstate Emergency Management Assistance Compact 
153.26 	must control over any inconsistent provisions in this section.
153.27 	(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 
153.28 	for workers' compensation arising out of a deployment under this section or out of a 
153.29 	training exercise conducted by the commissioner, the volunteer's workers compensation 
153.30 	benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 
153.31 	volunteer may also qualify under other clauses of section 176.011, subdivision 9.

153.32 	Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
153.33 		Subdivision 1.Agreements to perform duties of commissioner. (a) The 
153.34 	commissioner of health may enter into an agreement with any community health board 
153.35 	of health or county or city that has an established delegation agreement as of January 1, 
154.1 	2014, to delegate all or part of the licensing, inspection, reporting, and enforcement duties 
154.2 	authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to 
154.3 	144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction, 
154.4 	repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28.
154.5 	(b) Agreements are subject to subdivision 3.
154.6 	(c) This subdivision does not affect agreements entered into under Minnesota 
154.7 	Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

154.8 	Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
154.9 		Subd. 2.Agreements to perform duties of community health board of health.
 154.10 	A community health board of health may authorize a township board, city council, or 
154.11 	county board within its jurisdiction to establish a board of health under section 145A.03
154.12 	 and delegate to the board of health by agreement any powers or duties under sections 
154.13 	145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community 
154.14 	health board responsibilities. An agreement to delegate community health board powers 
154.15 	and duties of a board of health to a county or city must be approved by the commissioner 
154.16 	and is subject to subdivision 3.

154.17 	Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
154.18 	145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
154.19 		Subdivision 1.Cost of care. A person who has or whose dependent or spouse has a 
154.20 	communicable disease that is subject to control by the community health board of health is 
154.21 	financially liable to the unit or agency of government that paid for the reasonable cost of 
154.22 	care provided to control the disease under section 145A.04, subdivision 6.
154.23 		Subd. 2.Assessment of costs of enforcement. (a) If costs are assessed for 
154.24 	enforcement of section 145A.04, subdivision 8, and no procedure for the assessment 
154.25 	of costs has been specified in an agreement established under section 145A.07, the 
154.26 	enforcement costs must be assessed as prescribed in this subdivision.
154.27 	(b) A debt or claim against an individual owner or single piece of real property 
154.28 	resulting from an enforcement action authorized by section 145A.04, subdivision 8, must 
154.29 	not exceed the cost of abatement or removal.
154.30 	(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be 
154.31 	assessed and charged against the real property on which the public health nuisance, source 
154.32 	of filth, or cause of sickness was located. The auditor of the county in which the action is 
154.33 	taken shall extend the cost so assessed and charged on the tax roll of the county against the 
154.34 	real property on which the enforcement action was taken.
155.1 	(d) The cost of an enforcement action taken by a town or city board of health under 
155.2 	section 145A.04, subdivision 8, may be recovered from the county in which the town or 
155.3 	city is located if the city clerk or other officer certifies the costs of the enforcement action 
155.4 	to the county auditor as prescribed in this section. Taxes equal to the full amount of the 
155.5 	enforcement action but not exceeding the limit in paragraph (b) must be collected by the 
155.6 	county treasurer and paid to the city or town as other taxes are collected and paid.
155.7 		Subd. 3.Tax levy authorized. A city council or county board that has formed or is 
155.8 	a member of a community health board of health may levy taxes on all taxable property in 
155.9 	its jurisdiction to pay the cost of performing its duties under this chapter.

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

155.17 	Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
155.18 	145A.131 LOCAL PUBLIC HEALTH GRANT.
155.19 		Subdivision 1.Funding formula for community health boards. (a) Base funding 
155.20 	for each community health board eligible for a local public health grant under section 
155.21 	145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community 
155.22 	health board's fiscal year 2003 allocations, prior to unallotment, for the following grant 
155.23 	programs: community health services subsidy; state and federal maternal and child health 
155.24 	special projects grants; family home visiting grants; TANF MN ENABL grants; TANF 
155.25 	youth risk behavior grants; and available women, infants, and children grant funds in fiscal 
155.26 	year 2003, prior to unallotment, distributed based on the proportion of WIC participants 
155.27 	served in fiscal year 2003 within the CHS service area.
155.28 	(b) Base funding for a community health board eligible for a local public health grant 
155.29 	under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph 
155.30 	(a), shall be adjusted by the percentage difference between the base, as calculated in 
155.31 	paragraph (a), and the funding available for the local public health grant.
155.32 	(c) Multicounty or multicity community health boards shall receive a local 
155.33 	partnership base of up to $5,000 per year for each county or city in the case of a multicity 
155.34 	community health board included in the community health board.
156.1 	(d) The State Community Health Advisory Committee may recommend a formula to 
156.2 	the commissioner to use in distributing state and federal funds to community health boards 
156.3 	organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally 
156.4 	identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04, 
156.5 	subdivision 1a, for use in distributing funds to community health boards beginning 
156.6 	January 1, 2006, and thereafter.
156.7 		Subd. 2.Local match. (a) A community health board that receives a local public 
156.8 	health grant shall provide at least a 75 percent match for the state funds received through 
156.9 	the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
156.10 	(b) Eligible funds must be used to meet match requirements. Eligible funds include 
156.11 	funds from local property taxes, reimbursements from third parties, fees, other local funds, 
156.12 	and donations or nonfederal grants that are used for community health services described 
156.13 	in section 145A.02, subdivision 6.
156.14 	(c) When the amount of local matching funds for a community health board is less 
156.15 	than the amount required under paragraph (a), the local public health grant provided for 
156.16 	that community health board under this section shall be reduced proportionally.
156.17 	(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
156.18 	that levies a tax for provision of community health services is exempt from any county 
156.19 	levy for the same services to the extent of the levy imposed by the city.
156.20 		Subd. 3.Accountability. (a) Community health boards accepting local public health 
156.21 	grants must document progress toward the statewide outcomes established in section 
156.22 	145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
156.23 	 meet all of the requirements and perform all of the duties described in sections 145A.03 
156.24 	and 145A.04, to maintain eligibility to receive the local public health grant.
156.25 	(b) In determining whether or not the community health board is documenting 
156.26 	progress toward statewide outcomes, the commissioner shall consider the following factors:
156.27 	(1) whether the community health board has documented progress to meeting 
156.28 	essential local activities related to the statewide outcomes, as specified in the grant 
156.29 	agreement;
156.30 	(2) the effort put forth by the community health board toward the selected statewide 
156.31 	outcomes;
156.32 	(3) whether the community health board has previously failed to document progress 
156.33 	toward selected statewide outcomes under this section;
156.34 	(4) the amount of funding received by the community health board to address the 
156.35 	statewide outcomes; and
157.1 	(5) other factors as the commissioner may require, if the commissioner specifically 
157.2 	identifies the additional factors in the commissioner's written notice of determination.
157.3 	(c) If the commissioner determines that a community health board has not by 
157.4 	the applicable deadline documented progress toward the selected statewide outcomes 
157.5 	established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall 
157.6 	notify the community health board in writing and recommend specific actions that the 
157.7 	community health board should take over the following 12 months to maintain eligibility 
157.8 	for the local public health grant.
157.9 	(d) During the 12 months following the written notification, the commissioner shall 
157.10 	provide administrative and program support to assist the community health board in 
157.11 	taking the actions recommended in the written notification.
157.12 	(e) If the community health board has not taken the specific actions recommended by 
157.13 	the commissioner within 12 months following written notification, the commissioner may 
157.14 	determine not to distribute funds to the community health board under section 145A.12, 
157.15 	subdivision 2, for the next fiscal year.
157.16 	(f) If the commissioner determines not to distribute funds for the next fiscal year, the 
157.17 	commissioner must give the community health board written notice of this determination 
157.18 	and allow the community health board to appeal the determination in writing.
157.19 	(g) If the commissioner determines not to distribute funds for the next fiscal year 
157.20 	to a community health board that has not documented progress toward the statewide 
157.21 	outcomes and not taken the actions recommended by the commissioner, the commissioner 
157.22 	may retain local public health grant funds that the community health board would have 
157.23 	otherwise received and directly carry out essential local activities to meet the statewide 
157.24 	outcomes, or contract with other units of government or community-based organizations 
157.25 	to carry out essential local activities related to the statewide outcomes.
157.26 	(h) If the community health board that does not document progress toward the 
157.27 	statewide outcomes is a city, the commissioner shall distribute the local public health 
157.28 	funds that would have been allocated to that city to the county in which the city is located, 
157.29 	if that county is part of a community health board.
157.30 	(i) The commissioner shall establish a reporting system by which community health 
157.31 	boards will document their progress toward statewide outcomes. This system will be 
157.32 	developed in consultation with the State Community Health Services Advisory Committee 
157.33 	established in section 145A.10, subdivision 10, paragraph (a).
157.34 	(b) By January 1 of each year, the commissioner shall notify community health 
157.35 	boards of the performance-related accountability requirements of the local public health 
157.36 	grant for that calendar year. Performance-related accountability requirements will be 
158.1 	comprised of a subset of the annual performance measures and will be selected in 
158.2 	consultation with the State Community Health Services Advisory Committee.
158.3 	(c) If the commissioner determines that a community health board has not met the 
158.4 	accountability requirements, the commissioner shall notify the community health board in 
158.5 	writing and recommend specific actions the community health board must take over the 
158.6 	next six months in order to maintain eligibility for the Local Public Health Act grant.
158.7 	(d) Following the written notification in paragraph (c), the commissioner shall 
158.8 	provide administrative and program support to assist the community health board as 
158.9 	required in section 145A.06, subdivision 3a.
158.10 	(e) The commissioner shall provide the community health board two months 
158.11 	following the written notification to appeal the determination in writing.
158.12 	(f) If the community health board has not submitted an appeal within two months 
158.13 	or has not taken the specific actions recommended by the commissioner within six 
158.14 	months following written notification, the commissioner may elect to not reimburse 
158.15 	invoices for funds submitted after the six-month compliance period and shall reduce by 
158.16 	1/12 the community health board's annual award allocation for every successive month 
158.17 	of noncompliance.
158.18 	(g) The commissioner may retain the amount of funding that would have been 
158.19 	allocated to the community health board and assume responsibility for public health 
158.20 	activities in the geographic area served by the community health board.
158.21 		Subd. 4.Responsibility of commissioner to ensure a statewide public health 
158.22 	system. If a county withdraws from a community health board and operates as a board of 
158.23 	health or If a community health board elects not to accept the local public health grant, 
158.24 	the commissioner may retain the amount of funding that would have been allocated to 
158.25 	the community health board using the formula described in subdivision 1 and assume 
158.26 	responsibility for public health activities to meet the statewide outcomes in the geographic 
158.27 	area served by the board of health or community health board. The commissioner may 
158.28 	elect to directly provide public health activities to meet the statewide outcomes or contract 
158.29 	with other units of government or with community-based organizations. If a city that is 
158.30 	currently a community health board withdraws from a community health board or elects 
158.31 	not to accept the local public health grant, the local public health grant funds that would 
158.32 	have been allocated to that city shall be distributed to the county in which the city is 
158.33 	located, if the county is part of a community health board.
158.34 		Subd. 5.Local public health priorities Use of funds. Community health boards 
158.35 	may use their local public health grant to address local public health priorities identified 
158.36 	under section 145A.10, subdivision 5a. funds to address the areas of public health 
159.1 	responsibility and local priorities developed through the community health assessment and 
159.2 	community health improvement planning process.

159.3 	Sec. 28. REVISOR'S INSTRUCTION.
 159.4 	(a) The revisor shall change the terms "board of health" or "local board of health" or 
159.5 	any derivative of those terms to "community health board" where it appears in Minnesota 
159.6 	Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph 
159.7 	(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, 
159.8 	subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255, 
159.9 	subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision 
159.10 	6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471, 
159.11 	subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14; 
159.12 	375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
159.13 	(b) The revisor shall change the cross-reference from "145A.02, subdivision 2" 
159.14 	to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805, 
159.15 	subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68; 
159.16 	38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055, 
159.17 	subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351; 
159.18 	144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2; 
159.19 	144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201, 
159.20 	subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

159.21 	Sec. 29.  REPEALER.
 159.22 	Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 
159.23 	3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4, 
159.24 	5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall 
159.25 	remove cross-references to these repealed sections and make changes necessary to correct 
159.26 	punctuation, grammar, or structure of the remaining text.

159.27 	ARTICLE 8
159.28 	CONTINUING CARE

159.29 	Section 1. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1, 
159.30 	is amended to read:
159.31 		Subdivision 1. Requirements for intensive support services.  Except for services 
159.32 	identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license 
159.33 	holder providing intensive support services identified in section 245D.03, subdivision 1, 
160.1 	paragraph (c), must comply with the requirements in this section and section 245D.07, 
160.2 	subdivisions 1 and 3. Services identified in section 245D.03, subdivision 1, paragraph (c), 
160.3 	clauses (1) and (2), must comply with the requirements in section 245D.07, subdivision 2.

160.4 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, is 
160.5 	amended to read:
160.6 		Subd. 4.Service outcomes and supports. (a) Within ten working days of the 
160.7 	45-day meeting, the license holder must develop and document the service outcomes and 
160.8 	supports based on the assessments completed under subdivision 3 and the requirements 
160.9 	in section 245D.07, subdivision 1a. The outcomes and supports must be included in the 
160.10 	coordinated service and support plan addendum.
160.11 	(b) The license holder must document the supports and methods to be implemented 
160.12 	to support the accomplishment of outcomes related to acquiring, retaining, or improving 
160.13 	skills. The documentation must include:
160.14 	(1) the methods or actions that will be used to support the person and to accomplish 
160.15 	the service outcomes, including information about:
160.16 	(i) any changes or modifications to the physical and social environments necessary 
160.17 	when the service supports are provided;
160.18 	(ii) any equipment and materials required; and
160.19 	(iii) techniques that are consistent with the person's communication mode and 
160.20 	learning style;
160.21 	(2) the measurable and observable criteria for identifying when the desired outcome 
160.22 	has been achieved and how data will be collected;
160.23 	(3) the projected starting date for implementing the supports and methods and 
160.24 	the date by which progress towards accomplishing the outcomes will be reviewed and 
160.25 	evaluated; and
160.26 	(4) the names of the staff or position responsible for implementing the supports 
160.27 	and methods.
160.28 	(c) Within 20 working days of the 45-day meeting, the license holder must submit 
160.29 	to and obtain dated signatures from the person or the person's legal representative and 
160.30 	case manager to document completion and approval of the assessment and coordinated 
160.31 	service and support plan addendum. If, within ten working days of the submission of the 
160.32 	assessment or coordinated service and support plan addendum, the person or the person's 
160.33 	legal representative or case manager has not signed and returned to the license holder the 
160.34 	assessment and coordinated service and support plan addendum or has not proposed 
160.35 	written modifications to the license holder's submission, the submission is deemed 
161.1 	approved and the assessment and coordinated service and support plan addendum become 
161.2 	effective and remain in effect until the legal representative or case manager submits a 
161.3 	written request to revise the assessment or coordinated service and support plan addendum.

161.4 	Sec. 3. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is 
161.5 	amended to read:
161.6 		Subd. 4.Orientation to program requirements.  Except for a license holder 
161.7 	who does not supervise any direct support staff, within 60 calendar days of hire, unless 
161.8 	stated otherwise, the license holder must provide and ensure completion of ten hours of 
161.9 	orientation for direct support staff providing basic services and 30 hours of orientation 
161.10 	for direct support staff providing intensive services that combines supervised on-the-job 
161.11 	training with review of and instruction in the following areas:
161.12 	(1) the job description and how to complete specific job functions, including:
161.13 	(i) responding to and reporting incidents as required under section 245D.06, 
161.14 	subdivision 1; and
161.15 	(ii) following safety practices established by the license holder and as required in 
161.16 	section 245D.06, subdivision 2;
161.17 	(2) the license holder's current policies and procedures required under this chapter, 
161.18 	including their location and access, and staff responsibilities related to implementation 
161.19 	of those policies and procedures;
161.20 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the 
161.21 	federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
161.22 	responsibilities related to complying with data privacy practices;
161.23 	(4) the service recipient rights and staff responsibilities related to ensuring the 
161.24 	exercise and protection of those rights according to the requirements in section 245D.04;
161.25 	(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment 
161.26 	reporting and service planning for children and vulnerable adults, and staff responsibilities 
161.27 	related to protecting persons from maltreatment and reporting maltreatment. This 
161.28 	orientation must be provided within 72 hours of first providing direct contact services and 
161.29 	annually thereafter according to section 245A.65, subdivision 3;
161.30 	(6) the principles of person-centered service planning and delivery as identified in 
161.31 	section 245D.07, subdivision 1a, and how they apply to direct support service provided 
161.32 	by the staff person; and
161.33 	(7) the safe and correct use of manual restraint on an emergency basis according to 
161.34 	the requirements in section 245D.061 and what constitutes the use of restraints, time out, 
161.35 	and seclusion, including chemical restraint;
162.1 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
162.2 	subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 
162.3 	or undesired behavior, and why such procedures are not safe;
162.4 	(9) basic first aid; and
162.5 	(10) other topics as determined necessary in the person's coordinated service and 
162.6 	support plan by the case manager or other areas identified by the license holder.

162.7 	Sec. 4. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, is 
162.8 	amended to read:
162.9 		Subd. 4a.Orientation to individual service recipient needs. (a) Before having 
162.10 	unsupervised direct contact with a person served by the program, or for whom the staff 
162.11 	person has not previously provided direct support, or any time the plans or procedures 
162.12 	identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive 
162.13 	instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff 
162.14 	person's job functions for that person.
162.15 	(b) For community residential services, training and competency evaluations must 
162.16 	include the following, if identified in the coordinated service and support plan:
162.17 	(1) appropriate and safe techniques in personal hygiene and grooming, including 
162.18 	hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of 
162.19 	daily living (ADLs) as defined under section 256B.0659, subdivision 1;
162.20 	(2) an understanding of what constitutes a healthy diet according to data from the 
162.21 	Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
162.22 	(3) skills necessary to provide appropriate support in instrumental activities of daily 
162.23 	living (IADLs) as defined under section 256B.0659, subdivision 1; and
162.24 	(4) demonstrated competence in providing first aid.
162.25 	(c) The staff person must review and receive instruction on the person's coordinated 
162.26 	service and support plan or coordinated service and support plan addendum as it relates 
162.27 	to the responsibilities assigned to the license holder, and when applicable, the person's 
162.28 	individual abuse prevention plan, to achieve and demonstrate an understanding of the 
162.29 	person as a unique individual, and how to implement those plans.
162.30 	(d) The staff person must review and receive instruction on medication 
162.31 	administration procedures established for the person when medication administration is 
162.32 	assigned to the license holder according to section 245D.05, subdivision 1, paragraph 
162.33 	(b). Unlicensed staff may administer medications only after successful completion of a 
162.34 	medication administration training, from a training curriculum developed by a registered 
162.35 	nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse 
163.1 	practitioner, physician's assistant, or physician. The training curriculum must incorporate 
163.2 	an observed skill assessment conducted by the trainer to ensure staff demonstrate the 
163.3 	ability to safely and correctly follow medication procedures.
163.4 	Medication administration must be taught by a registered nurse, clinical nurse 
163.5 	specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of 
163.6 	service initiation or any time thereafter, the person has or develops a health care condition 
163.7 	that affects the service options available to the person because the condition requires:
163.8 	(1) specialized or intensive medical or nursing supervision; and
163.9 	(2) nonmedical service providers to adapt their services to accommodate the health 
163.10 	and safety needs of the person.
163.11 	(e) The staff person must review and receive instruction on the safe and correct 
163.12 	operation of medical equipment used by the person to sustain life or to monitor a medical 
163.13 	condition that could become life-threatening without proper use of the medical equipment, 
163.14 	including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training 
163.15 	must be provided by a licensed health care professional or a manufacturer's representative 
163.16 	and incorporate an observed skill assessment to ensure staff demonstrate the ability to 
163.17 	safely and correctly operate the equipment according to the treatment orders and the 
163.18 	manufacturer's instructions.
163.19 	(f) The staff person must review and receive instruction on what constitutes use of 
163.20 	restraints, time out, and seclusion, including chemical restraint, and staff responsibilities 
163.21 	related to the prohibitions of their use according to the requirements in section 245D.06, 
163.22 	subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 
163.23 	or undesired behavior and why they are not safe, and the safe and correct use of manual 
163.24 	restraint on an emergency basis according to the requirements in section 245D.061.
163.25 	(g) In the event of an emergency service initiation, the license holder must ensure 
163.26 	the training required in this subdivision occurs within 72 hours of the direct support staff 
163.27 	person first having unsupervised contact with the person receiving services. The license 
163.28 	holder must document the reason for the unplanned or emergency service initiation and 
163.29 	maintain the documentation in the person's service recipient record.
163.30 	(h) (g) License holders who provide direct support services themselves must 
163.31 	complete the orientation required in subdivision 4, clauses (3) to (7) (10).

163.32 	Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is 
163.33 	amended to read:
163.34 		Subd. 5.Annual training.  A license holder must provide annual training to direct 
163.35 	support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision 
164.1 	4a (10). A license holder must provide a minimum of 24 hours of annual training to 
164.2 	direct service staff with providing intensive services and having fewer than five years 
164.3 	of documented experience and 12 hours of annual training to direct service staff with
164.4 	 providing intensive services and having five or more years of documented experience in 
164.5 	topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant 
164.6 	topics received from sources other than the license holder may count toward training 
164.7 	requirements. A license holder must provide a minimum of 12 hours of annual training 
164.8 	to direct service staff providing basic services and having fewer than five years of 
164.9 	documented experience and six hours of annual training to direct service staff providing 
164.10 	basic services and having five or more years of documented experience.

164.11 	Sec. 6. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read:
164.12 		Subd. 11.Personal care assistant; requirements. (a) A personal care assistant 
164.13 	must meet the following requirements:
164.14 	(1) be at least 18 years of age with the exception of persons who are 16 or 17 years 
164.15 	of age with these additional requirements:
164.16 	(i) supervision by a qualified professional every 60 days; and
164.17 	(ii) employment by only one personal care assistance provider agency responsible 
164.18 	for compliance with current labor laws;
164.19 	(2) be employed by a personal care assistance provider agency;
164.20 	(3) enroll with the department as a personal care assistant after clearing a background 
164.21 	study. Except as provided in subdivision 11a, before a personal care assistant provides 
164.22 	services, the personal care assistance provider agency must initiate a background study on 
164.23 	the personal care assistant under chapter 245C, and the personal care assistance provider 
164.24 	agency must have received a notice from the commissioner that the personal care assistant 
164.25 	is:
164.26 	(i) not disqualified under section 245C.14; or
164.27 	(ii) is disqualified, but the personal care assistant has received a set aside of the 
164.28 	disqualification under section 245C.22;
164.29 	(4) be able to effectively communicate with the recipient and personal care 
164.30 	assistance provider agency;
164.31 	(5) be able to provide covered personal care assistance services according to the 
164.32 	recipient's personal care assistance care plan, respond appropriately to recipient needs, 
164.33 	and report changes in the recipient's condition to the supervising qualified professional 
164.34 	or physician;
164.35 	(6) not be a consumer of personal care assistance services;
165.1 	(7) maintain daily written records including, but not limited to, time sheets under 
165.2 	subdivision 12;
165.3 	(8) effective January 1, 2010, complete standardized training as determined 
165.4 	by the commissioner before completing enrollment. The training must be available 
165.5 	in languages other than English and to those who need accommodations due to 
165.6 	disabilities. Personal care assistant training must include successful completion of the 
165.7 	following training components: basic first aid, vulnerable adult, child maltreatment, 
165.8 	OSHA universal precautions, basic roles and responsibilities of personal care assistants 
165.9 	including information about assistance with lifting and transfers for recipients, emergency 
165.10 	preparedness, orientation to positive behavioral practices, fraud issues, and completion of 
165.11 	time sheets. Upon completion of the training components, the personal care assistant must 
165.12 	demonstrate the competency to provide assistance to recipients;
165.13 	(9) complete training and orientation on the needs of the recipient; and
165.14 	(10) be limited to providing and being paid for up to 275 hours per month of personal 
165.15 	care assistance services regardless of the number of recipients being served or the number 
165.16 	of personal care assistance provider agencies enrolled with. The number of hours worked 
165.17 	per day shall not be disallowed by the department unless in violation of the law.
165.18 	(b) A legal guardian may be a personal care assistant if the guardian is not being paid 
165.19 	for the guardian services and meets the criteria for personal care assistants in paragraph (a).
165.20 	(c) Persons who do not qualify as a personal care assistant include parents, 
165.21 	stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family 
165.22 	foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; 
165.23 	and staff of a residential setting. When the personal care assistant is a relative of the 
165.24 	recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is 
165.25 	effective July 1, 2013. For purposes of this section, relative means the parent or adoptive 
165.26 	parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or 
165.27 	a grandchild.

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

165.29 	Sec. 7. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:
165.30 		Subd. 28.Personal care assistance provider agency; required documentation.
 165.31 	(a) Required documentation must be completed and kept in the personal care assistance 
165.32 	provider agency file or the recipient's home residence. The required documentation 
165.33 	consists of:
165.34 	(1) employee files, including:
165.35 	(i) applications for employment;
166.1 	(ii) background study requests and results;
166.2 	(iii) orientation records about the agency policies;
166.3 	(iv) trainings completed with demonstration of competence;
166.4 	(v) supervisory visits;
166.5 	(vi) evaluations of employment; and
166.6 	(vii) signature on fraud statement;
166.7 	(2) recipient files, including:
166.8 	(i) demographics;
166.9 	(ii) emergency contact information and emergency backup plan;
166.10 	(iii) personal care assistance service plan;
166.11 	(iv) personal care assistance care plan;
166.12 	(v) month-to-month service use plan;
166.13 	(vi) all communication records;
166.14 	(vii) start of service information, including the written agreement with recipient; and
166.15 	(viii) date the home care bill of rights was given to the recipient;
166.16 	(3) agency policy manual, including:
166.17 	(i) policies for employment and termination;
166.18 	(ii) grievance policies with resolution of consumer grievances;
166.19 	(iii) staff and consumer safety;
166.20 	(iv) staff misconduct; and
166.21 	(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 
166.22 	resolution of consumer grievances;
166.23 	(4) time sheets for each personal care assistant along with completed activity sheets 
166.24 	for each recipient served; and
166.25 	(5) agency marketing and advertising materials and documentation of marketing 
166.26 	activities and costs; and.
166.27 	(6) for each personal care assistant, whether or not the personal care assistant is 
166.28 	providing care to a relative as defined in subdivision 11.
166.29 	(b) The commissioner may assess a fine of up to $500 on provider agencies that do 
166.30 	not consistently comply with the requirements of this subdivision.

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

166.32 	Sec. 8. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1, 
166.33 	is amended to read:
166.34 		Subdivision 1.Essential community supports. (a) The purpose of the essential 
166.35 	community supports program is to provide targeted services to persons age 65 and older 
167.1 	who need essential community support, but whose needs do not meet the level of care 
167.2 	required for nursing facility placement under section 144.0724, subdivision 11.
167.3 	(b) Essential community supports are available not to exceed $400 per person per 
167.4 	month. Essential community supports may be used as authorized within an authorization 
167.5 	period not to exceed 12 months. Services must be available to a person who:
167.6 	(1) is age 65 or older;
167.7 	(2) is not eligible for medical assistance;
167.8 	(3) has received a community assessment under section 256B.0911, subdivision 3a 
167.9 	or 3b, and does not require the level of care provided in a nursing facility;
167.10 	(4) meets the financial eligibility criteria for the alternative care program under 
167.11 	section 256B.0913, subdivision 4;
167.12 	(5) has a community support plan; and
167.13 	(6) has been determined by a community assessment under section 256B.0911, 
167.14 	subdivision 3a or 3b, to be a person who would require provision of at least one of the 
167.15 	following services, as defined in the approved elderly waiver plan, in order to maintain 
167.16 	their community residence:
167.17 	(i) adult day services;
167.18 	(ii) caregiver support;
167.19 	(ii) (iii) homemaker support;
167.20 	(iii) (iv) chores;
167.21 	(iv) (v) a personal emergency response device or system;
167.22 	(v) (vi) home-delivered meals; or
167.23 	(vi) (vii) community living assistance as defined by the commissioner.
167.24 	(c) The person receiving any of the essential community supports in this subdivision 
167.25 	must also receive service coordination, not to exceed $600 in a 12-month authorization 
167.26 	period, as part of their community support plan.
167.27 	(d) A person who has been determined to be eligible for essential community 
167.28 	supports must be reassessed at least annually and continue to meet the criteria in paragraph 
167.29 	(b) to remain eligible for essential community supports.
167.30 	(e) The commissioner is authorized to use federal matching funds for essential 
167.31 	community supports as necessary and to meet demand for essential community supports 
167.32 	as outlined in subdivision 2, and that amount of federal funds is appropriated to the 
167.33 	commissioner for this purpose.

167.34 	Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10, 
167.35 	is amended to read:
168.1 		Subd. 10.Enrollment requirements. All(a) Except as provided in paragraph (b), 
168.2 	the following home and community-based waiver providers must provide, at the time of 
168.3 	enrollment and within 30 days of a request, in a format determined by the commissioner, 
168.4 	information and documentation that includes, but is not limited to, the following:
168.5 	(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the 
168.6 	provider's payments from Medicaid in the previous calendar year, whichever is greater;
168.7 	(2) proof of fidelity bond coverage in the amount of $20,000; and
168.8 	(3) proof of liability insurance.:
168.9 	(1) waiver services providers required to meet the provider standards in chapter 245D;
168.10 	(2) foster care providers whose services are funded by the elderly waiver or 
168.11 	alternative care program;
168.12 	(3) fiscal support entities;
168.13 	(4) adult day care providers;
168.14 	(5) providers of customized living services; and
168.15 	(6) residential care providers.
168.16 	(b) Providers of foster care services covered by section 245.814 are exempt from 
168.17 	this subdivision.

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

168.19 	Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
168.20 	256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE 
168.21 	WITH DISABILITIES.
168.22 	(a) Individuals receiving services under a home and community-based waiver under 
168.23 	section 256B.092 or 256B.49 may receive services in the following settings:
168.24 	(1) an individual's own home or family home;
168.25 	(2) a licensed adult foster care or child foster care setting of up to five people or 
168.26 	community residential setting of up to five people; and
168.27 	(3) community living settings as defined in section 256B.49, subdivision 23, where 
168.28 	individuals with disabilities may reside in all of the units in a building of four or fewer 
168.29 	units, and no more than the greater of four or 25 percent of the units in a multifamily 
168.30 	building of more than four units, unless required by the Housing Opportunities for Persons 
168.31 	with AIDS Program.
168.32 	(b) The settings in paragraph (a) must not:
168.33 	(1) be located in a building that is a publicly or privately operated facility that 
168.34 	provides institutional treatment or custodial care;
169.1 	(2) be located in a building on the grounds of or adjacent to a public or private 
169.2 	institution;
169.3 	(3) be a housing complex designed expressly around an individual's diagnosis or 
169.4 	disability, unless required by the Housing Opportunities for Persons with AIDS Program;
169.5 	(4) be segregated based on a disability, either physically or because of setting 
169.6 	characteristics, from the larger community; and
169.7 	(5) have the qualities of an institution which include, but are not limited to: 
169.8 	regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions 
169.9 	agreed to and documented in the person's individual service plan shall not result in a 
169.10 	residence having the qualities of an institution as long as the restrictions for the person are 
169.11 	not imposed upon others in the same residence and are the least restrictive alternative, 
169.12 	imposed for the shortest possible time to meet the person's needs.
169.13 	(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which 
169.14 	individuals receive services under a home and community-based waiver as of July 1, 
169.15 	2012, and the setting does not meet the criteria of this section.
169.16 	(d) Notwithstanding paragraph (c), a program in Hennepin County established as 
169.17 	part of a Hennepin County demonstration project is qualified for the exception allowed 
169.18 	under paragraph (c).
169.19 	(e) The commissioner shall submit an amendment to the waiver plan no later than 
169.20 	December 31, 2012.

169.21 	Sec. 11. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
169.22 		Subdivision 1.Commissioner's duties; report. The commissioner of human 
169.23 	services shall solicit proposals for the conversion of services provided for persons with 
169.24 	disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or 
169.25 	community residential settings licensed under chapter 245D, to other types of community 
169.26 	settings in conjunction with the closure of identified licensed adult foster care settings.

169.27 	Sec. 12. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
169.28 		Subd. 1e.Rules regarding emergency assistance. The commissioner shall adopt 
169.29 	rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use 
169.30 	of the emergency program under MFIP as the primary financial resource when available. 
169.31 	The commissioner shall adopt rules for eligibility for general assistance of persons with 
169.32 	seasonal income and may attribute seasonal income to other periods not in excess of one 
169.33 	year from receipt by an applicant or recipient. General assistance payments may not be 
169.34 	made for foster care, community residential settings licensed under chapter 245D, child 
170.1 	welfare services, or other social services. Vendor payments and vouchers may be issued 
170.2 	only as authorized in sections 256D.05, subdivision 6, and 256D.09.

170.3 	Sec. 13. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is 
170.4 	amended to read:
170.5 		Subd. 5.Special needs. In addition to the state standards of assistance established in 
170.6 	subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 
170.7 	Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 
170.8 	center, or a group residential housing facility.
170.9 	(a) The county agency shall pay a monthly allowance for medically prescribed 
170.10 	diets if the cost of those additional dietary needs cannot be met through some other 
170.11 	maintenance benefit. The need for special diets or dietary items must be prescribed by 
170.12 	a licensed physician. Costs for special diets shall be determined as percentages of the 
170.13 	allotment for a one-person household under the thrifty food plan as defined by the United 
170.14 	States Department of Agriculture. The types of diets and the percentages of the thrifty 
170.15 	food plan that are covered are as follows:
170.16 	(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
170.17 	(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 
170.18 	of thrifty food plan;
170.19 	(3) controlled protein diet, less than 40 grams and requires special products, 125 
170.20 	percent of thrifty food plan;
170.21 	(4) low cholesterol diet, 25 percent of thrifty food plan;
170.22 	(5) high residue diet, 20 percent of thrifty food plan;
170.23 	(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
170.24 	(7) gluten-free diet, 25 percent of thrifty food plan;
170.25 	(8) lactose-free diet, 25 percent of thrifty food plan;
170.26 	(9) antidumping diet, 15 percent of thrifty food plan;
170.27 	(10) hypoglycemic diet, 15 percent of thrifty food plan; or
170.28 	(11) ketogenic diet, 25 percent of thrifty food plan.
170.29 	(b) Payment for nonrecurring special needs must be allowed for necessary home 
170.30 	repairs or necessary repairs or replacement of household furniture and appliances using 
170.31 	the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 
170.32 	as long as other funding sources are not available.
170.33 	(c) A fee for guardian or conservator service is allowed at a reasonable rate 
170.34 	negotiated by the county or approved by the court. This rate shall not exceed five percent 
171.1 	of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 
171.2 	guardian or conservator is a member of the county agency staff, no fee is allowed.
171.3 	(d) The county agency shall continue to pay a monthly allowance of $68 for 
171.4 	restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 
171.5 	1990, and who eats two or more meals in a restaurant daily. The allowance must continue 
171.6 	until the person has not received Minnesota supplemental aid for one full calendar month 
171.7 	or until the person's living arrangement changes and the person no longer meets the criteria 
171.8 	for the restaurant meal allowance, whichever occurs first.
171.9 	(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 
171.10 	is allowed for representative payee services provided by an agency that meets the 
171.11 	requirements under SSI regulations to charge a fee for representative payee services. This 
171.12 	special need is available to all recipients of Minnesota supplemental aid regardless of 
171.13 	their living arrangement.
171.14 	(f)(1) Notwithstanding the language in this subdivision, an amount equal to the 
171.15 	maximum allotment authorized by the federal Food Stamp Program for a single individual 
171.16 	which is in effect on the first day of July of each year will be added to the standards of 
171.17 	assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify 
171.18 	as shelter needy and are: (i) relocating from an institution, or an adult mental health 
171.19 	residential treatment program under section 256B.0622; (ii) eligible for the self-directed 
171.20 	supports option as defined under section 256B.0657, subdivision 2; or (iii) home and 
171.21 	community-based waiver recipients living in their own home or rented or leased apartment 
171.22 	which is not owned, operated, or controlled by a provider of service not related by blood 
171.23 	or marriage, unless allowed under paragraph (g).
171.24 	(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 
171.25 	shelter needy benefit under this paragraph is considered a household of one. An eligible 
171.26 	individual who receives this benefit prior to age 65 may continue to receive the benefit 
171.27 	after the age of 65.
171.28 	(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 
171.29 	exceed 40 percent of the assistance unit's gross income before the application of this 
171.30 	special needs standard. "Gross income" for the purposes of this section is the applicant's or 
171.31 	recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 
171.32 	in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 
171.33 	state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 
171.34 	considered shelter needy for purposes of this paragraph.
171.35 	(g) Notwithstanding this subdivision, to access housing and services as provided 
171.36 	in paragraph (f), the recipient may choose housing that may be owned, operated, or 
172.1 	controlled by the recipient's service provider. In a multifamily building of more than four 
172.2 	units, the maximum number of units that may be used by recipients of this program shall 
172.3 	be the greater of four units or 25 percent of the units in the building, unless required by the 
172.4 	Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four 
172.5 	or fewer units, all of the units may be used by recipients of this program. When housing is 
172.6 	controlled by the service provider, the individual may choose the individual's own service 
172.7 	provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is 
172.8 	controlled by the service provider, the service provider shall implement a plan with the 
172.9 	recipient to transition the lease to the recipient's name. Within two years of signing the 
172.10 	initial lease, the service provider shall transfer the lease entered into under this subdivision 
172.11 	to the recipient. In the event the landlord denies this transfer, the commissioner may 
172.12 	approve an exception within sufficient time to ensure the continued occupancy by the 
172.13 	recipient. This paragraph expires June 30, 2016.

172.14 	Sec. 14. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
172.15 		Subd. 6.Excluded time. "Excluded time" means:
172.16 	(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter 
172.17 	other than an emergency shelter, halfway house, foster home, community residential 
172.18 	setting licensed under chapter 245D, semi-independent living domicile or services 
172.19 	program, residential facility offering care, board and lodging facility or other institution 
172.20 	for the hospitalization or care of human beings, as defined in section 144.50, 144A.01, 
172.21 	or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional 
172.22 	facility; or any facility based on an emergency hold under sections 253B.05, subdivisions 
172.23 	1 and 2, and 253B.07, subdivision 6;
172.24 	(2) any period an applicant spends on a placement basis in a training and habilitation 
172.25 	program, including: a rehabilitation facility or work or employment program as defined 
172.26 	in section 268A.01; semi-independent living services provided under section 252.275, 
172.27 	and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation 
172.28 	programs and assisted living services; and
172.29 	(3) any placement for a person with an indeterminate commitment, including 
172.30 	independent living.

172.31 	Sec. 15. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
172.32 		Subd. 3.Group residential housing. "Group residential housing" means a group 
172.33 	living situation that provides at a minimum room and board to unrelated persons who 
172.34 	meet the eligibility requirements of section 256I.04. This definition includes foster care 
173.1 	settings or community residential settings for a single adult. To receive payment for a 
173.2 	group residence rate, the residence must meet the requirements under section 256I.04, 
173.3 	subdivision 2a.

173.4 	Sec. 16. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
173.5 		Subd. 2a.License required. A county agency may not enter into an agreement with 
173.6 	an establishment to provide group residential housing unless:
173.7 	(1) the establishment is licensed by the Department of Health as a hotel and 
173.8 	restaurant; a board and lodging establishment; a residential care home; a boarding care 
173.9 	home before March 1, 1985; or a supervised living facility, and the service provider 
173.10 	for residents of the facility is licensed under chapter 245A. However, an establishment 
173.11 	licensed by the Department of Health to provide lodging need not also be licensed to 
173.12 	provide board if meals are being supplied to residents under a contract with a food vendor 
173.13 	who is licensed by the Department of Health;
173.14 	(2) the residence is: (i) licensed by the commissioner of human services under 
173.15 	Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 
173.16 	agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 
173.17 	to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 
173.18 	parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or 
173.19 	(iv) licensed under section 245D.02, subdivision 4a, as a community residential setting 
173.20 	by the commissioner of human services;
173.21 	(3) the establishment is registered under chapter 144D and provides three meals a 
173.22 	day, or is an establishment voluntarily registered under section 144D.025 as a supportive 
173.23 	housing establishment; or
173.24 	(4) an establishment voluntarily registered under section 144D.025, other than 
173.25 	a supportive housing establishment under clause (3), is not eligible to provide group 
173.26 	residential housing.
173.27 	The requirements under clauses (1) to (4) do not apply to establishments exempt 
173.28 	from state licensure because they are located on Indian reservations and subject to tribal 
173.29 	health and safety requirements.

173.30 	Sec. 17. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is 
173.31 	amended to read:
173.32 		Subd. 9.Common entry point designation. (a)  Each county board shall designate a 
173.33 	common entry point for reports of suspected maltreatment, for use until the commissioner 
173.34 	of human services establishes a common entry point. Two or more county boards may 
174.1 	jointly designate a single common entry point. The commissioner of human services shall 
174.2 	establish a common entry point effective July 1, 2014 2015. The common entry point is 
174.3 	the unit responsible for receiving the report of suspected maltreatment under this section.
174.4 	(b) The common entry point must be available 24 hours per day to take calls from 
174.5 	reporters of suspected maltreatment. The common entry point shall use a standard intake 
174.6 	form that includes:
174.7 	(1) the time and date of the report;
174.8 	(2) the name, address, and telephone number of the person reporting;
174.9 	(3) the time, date, and location of the incident;
174.10 	(4) the names of the persons involved, including but not limited to, perpetrators, 
174.11 	alleged victims, and witnesses;
174.12 	(5) whether there was a risk of imminent danger to the alleged victim;
174.13 	(6) a description of the suspected maltreatment;
174.14 	(7) the disability, if any, of the alleged victim;
174.15 	(8) the relationship of the alleged perpetrator to the alleged victim;
174.16 	(9) whether a facility was involved and, if so, which agency licenses the facility;
174.17 	(10) any action taken by the common entry point;
174.18 	(11) whether law enforcement has been notified;
174.19 	(12) whether the reporter wishes to receive notification of the initial and final 
174.20 	reports; and
174.21 	(13) if the report is from a facility with an internal reporting procedure, the name, 
174.22 	mailing address, and telephone number of the person who initiated the report internally.
174.23 	(c) The common entry point is not required to complete each item on the form prior 
174.24 	to dispatching the report to the appropriate lead investigative agency.
174.25 	(d) The common entry point shall immediately report to a law enforcement agency 
174.26 	any incident in which there is reason to believe a crime has been committed.
174.27 	(e) If a report is initially made to a law enforcement agency or a lead investigative 
174.28 	agency, those agencies shall take the report on the appropriate common entry point intake 
174.29 	forms and immediately forward a copy to the common entry point.
174.30 	(f) The common entry point staff must receive training on how to screen and 
174.31 	dispatch reports efficiently and in accordance with this section.
174.32 	(g) The commissioner of human services shall maintain a centralized database 
174.33 	for the collection of common entry point data, lead investigative agency data including 
174.34 	maltreatment report disposition, and appeals data. The common entry point shall 
174.35 	have access to the centralized database and must log the reports into the database and 
174.36 	immediately identify and locate prior reports of abuse, neglect, or exploitation.
175.1 	(h) When appropriate, the common entry point staff must refer calls that do not 
175.2 	allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations 
175.3 	that might resolve the reporter's concerns.
175.4 	(i) A common entry point must be operated in a manner that enables the 
175.5 	commissioner of human services to:
175.6 	(1) track critical steps in the reporting, evaluation, referral, response, disposition, 
175.7 	and investigative process to ensure compliance with all requirements for all reports;
175.8 	(2) maintain data to facilitate the production of aggregate statistical reports for 
175.9 	monitoring patterns of abuse, neglect, or exploitation;
175.10 	(3) serve as a resource for the evaluation, management, and planning of preventative 
175.11 	and remedial services for vulnerable adults who have been subject to abuse, neglect, 
175.12 	or exploitation;
175.13 	(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 
175.14 	of the common entry point; and
175.15 	(5) track and manage consumer complaints related to the common entry point.
175.16 	(j) The commissioners of human services and health shall collaborate on the 
175.17 	creation of a system for referring reports to the lead investigative agencies. This system 
175.18 	shall enable the commissioner of human services to track critical steps in the reporting, 
175.19 	evaluation, referral, response, disposition, investigation, notification, determination, and 
175.20 	appeal processes.

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

175.22 	Sec. 18. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective 
175.23 	date, is amended to read:

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

175.26 	Sec. 19. Laws 2013, chapter 108, article 7, section 60, is amended to read:
175.27 	Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL 
175.28 	1, 2014.
 175.29 	(a) The commissioner of human services shall increase reimbursement rates, grants, 
175.30 	allocations, individual limits, and rate limits, as applicable, by one percent for the rate 
175.31 	period beginning April 1, 2014, for services rendered on or after those dates. County or 
175.32 	tribal contracts for services specified in this section must be amended to pass through 
175.33 	these rate increases within 60 days of the effective date.
176.1 	(b) The rate changes described in this section must be provided to:
176.2 	(1) home and community-based waivered services for persons with developmental 
176.3 	disabilities or related conditions, including consumer-directed community supports, under 
176.4 	Minnesota Statutes, section 256B.501;
176.5 	(2) waivered services under community alternatives for disabled individuals, 
176.6 	including consumer-directed community supports, under Minnesota Statutes, section 
176.7 	256B.49;
176.8 	(3) community alternative care waivered services, including consumer-directed 
176.9 	community supports, under Minnesota Statutes, section 256B.49;
176.10 	(4) brain injury waivered services, including consumer-directed community 
176.11 	supports, under Minnesota Statutes, section 256B.49;
176.12 	(5) home and community-based waivered services for the elderly under Minnesota 
176.13 	Statutes, section 256B.0915;
176.14 	(6) nursing services and home health services under Minnesota Statutes, section 
176.15 	256B.0625, subdivision 6a;
176.16 	(7) personal care services and qualified professional supervision of personal care 
176.17 	services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
176.18 	(8) private duty nursing services under Minnesota Statutes, section 256B.0625, 
176.19 	subdivision 7;
176.20 	(9) day training and habilitation services for adults with developmental disabilities 
176.21 	or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 
176.22 	additional cost of rate adjustments on day training and habilitation services, provided as a 
176.23 	social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
176.24 	(10) alternative care services under Minnesota Statutes, section 256B.0913, and 
176.25 	essential community supports under Minnesota Statutes, section 256B.0922;
176.26 	(11) living skills training programs for persons with intractable epilepsy who need 
176.27 	assistance in the transition to independent living under Laws 1988, chapter 689;
176.28 	(12) semi-independent living services (SILS) under Minnesota Statutes, section 
176.29 	252.275, including SILS funding under county social services grants formerly funded 
176.30 	under Minnesota Statutes, chapter 256M;
176.31 	(13) consumer support grants under Minnesota Statutes, section 256.476;
176.32 	(14) family support grants under Minnesota Statutes, section 252.32;
176.33 	(15) housing access grants under Minnesota Statutes, sections 256B.0658 and 
176.34 	256B.0917, subdivision 14;
176.35 	(16) self-advocacy grants under Laws 2009, chapter 101;
176.36 	(17) technology grants under Laws 2009, chapter 79;
177.1 	(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 
177.2 	and 256B.0928; and
177.3 	(19) community support services for deaf and hard-of-hearing adults with mental 
177.4 	illness who use or wish to use sign language as their primary means of communication 
177.5 	under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 
177.6 	grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; 
177.7 	and Laws 1997, First Special Session chapter 5, section 20.
177.8 	(c) A managed care plan receiving state payments for the services in this section 
177.9 	must include these increases in their payments to providers. To implement the rate increase 
177.10 	in this section, capitation rates paid by the commissioner to managed care organizations 
177.11 	under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the 
177.12 	specified services for the period beginning April 1, 2014.
177.13 	(d) Counties shall increase the budget for each recipient of consumer-directed 
177.14 	community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).

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

177.16 	Sec. 20. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN 
177.17 	IMPLEMENTATION.
 177.18 	The autism spectrum disorder statewide strategic plan developed by the Minnesota 
177.19 	Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively 
177.20 	by the commissioners of education, employment and economic development, health, and 
177.21 	human services. Within existing funding, the commissioners shall:
177.22 	(1) work across state agencies and with key stakeholders to implement the strategic 
177.23 	plan;
177.24 	(2) prepare progress reports on the implementation of the plan twice per year and 
177.25 	make the progress reports available to the public; and
177.26 	(3) provide two opportunities per year for interested parties, including, but not 
177.27 	limited to, individuals with autism, family members of individuals with autism spectrum 
177.28 	disorder, underserved and diverse communities impacted by autism spectrum disorder, 
177.29 	medical professionals, health plans, service providers, and schools, to provide input on 
177.30 	the implementation of the strategic plan.

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

178.1 	ARTICLE 9
178.2 	HEALTH CARE

178.3 	Section 1. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9, 
178.4 	is amended to read:
178.5 		Subd. 9.Dental services. (a) Medical assistance covers dental services.
178.6 	(b) Medical assistance dental coverage for nonpregnant adults is limited to the 
178.7 	following services:
178.8 	(1) comprehensive exams, limited to once every five years;
178.9 	(2) periodic exams, limited to one per year;
178.10 	(3) limited exams;
178.11 	(4) bitewing x-rays, limited to one per year;
178.12 	(5) periapical x-rays;
178.13 	(6) panoramic x-rays, limited to one every five years except (1) when medically 
178.14 	necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma 
178.15 	or (2) once every two years for patients who cannot cooperate for intraoral film due to 
178.16 	a developmental disability or medical condition that does not allow for intraoral film 
178.17 	placement;
178.18 	(7) prophylaxis, limited to one per year;
178.19 	(8) application of fluoride varnish, limited to one per year;
178.20 	(9) posterior fillings, all at the amalgam rate;
178.21 	(10) anterior fillings;
178.22 	(11) endodontics, limited to root canals on the anterior and premolars only;
178.23 	(12) removable prostheses, each dental arch limited to one every six years;
178.24 	(13) oral surgery, limited to extractions, biopsies, and incision and drainage of 
178.25 	abscesses;
178.26 	(14) palliative treatment and sedative fillings for relief of pain; and
178.27 	(15) full-mouth debridement, limited to one every five years.
178.28 	(c) In addition to the services specified in paragraph (b), medical assistance 
178.29 	covers the following services for adults, if provided in an outpatient hospital setting or 
178.30 	freestanding ambulatory surgical center as part of outpatient dental surgery:
178.31 	(1) periodontics, limited to periodontal scaling and root planing once every two years;
178.32 	(2) general anesthesia; and
178.33 	(3) full-mouth survey once every five years.
178.34 	(d) Medical assistance covers medically necessary dental services for children and 
178.35 	pregnant women. The following guidelines apply:
179.1 	(1) posterior fillings are paid at the amalgam rate;
179.2 	(2) application of sealants are covered once every five years per permanent molar for 
179.3 	children only;
179.4 	(3) application of fluoride varnish is covered once every six months; and
179.5 	(4) orthodontia is eligible for coverage for children only.
179.6 	(e) In addition to the services specified in paragraphs (b) and (c), medical assistance 
179.7 	covers the following services for adults:
179.8 	(1) house calls or extended care facility calls for on-site delivery of covered services;
179.9 	(2) behavioral management when additional staff time is required to accommodate 
179.10 	behavioral challenges and sedation is not used;
179.11 	(3) oral or IV sedation, if the covered dental service cannot be performed safely 
179.12 	without it or would otherwise require the service to be performed under general anesthesia 
179.13 	in a hospital or surgical center; and
179.14 	(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but 
179.15 	no more than four times per year.
179.16 	(f) The commissioner shall not require prior authorization for the services included 
179.17 	in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based 
179.18 	purchasing plans from requiring prior authorization for the services included in paragraph 
179.19 	(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

179.20 	Sec. 2. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read:
179.21 		Subdivision 1.Definitions. (a) "Complex private duty home care nursing care" 
179.22 	means home care nursing services provided to recipients who are ventilator dependent or 
179.23 	for whom a physician has certified that the recipient would meet the criteria for inpatient 
179.24 	hospital intensive care unit (ICU) level of care meet the criteria for regular home care 
179.25 	nursing and require life-sustaining interventions to reduce the risk of long-term injury 
179.26 	or death.
179.27 	(b) "Private duty Home care nursing" means ongoing professional physician-ordered 
179.28 	hourly  nursing services by a registered or licensed practical nurse including assessment, 
179.29 	professional nursing tasks, and education, based on an assessment and physician orders 
179.30 	to maintain or restore optimal health of the recipient. performed by a registered nurse or 
179.31 	licensed practical nurse within the scope of practice as defined by the Minnesota Nurse 
179.32 	Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's 
179.33 	health.
179.34 	(c) "Private duty Home care nursing agency" means a medical assistance enrolled 
179.35 	provider licensed under chapter 144A to provide private duty home care nursing services.
180.1 	(d) "Regular private duty home care nursing" means nursing services provided to 
180.2 	a recipient who is considered stable and not at an inpatient hospital intensive care unit 
180.3 	level of care, but may have episodes of instability that are not life threatening home care 
180.4 	nursing provided because:
180.5 	(1) the recipient requires more individual and continuous care than can be provided 
180.6 	during a skilled nurse visit; or
180.7 	(2) the cares are outside of the scope of services that can be provided by a home 
180.8 	health aide or personal care assistant.
180.9 	(e) "Shared private duty home care nursing" means the provision of home care 
180.10 	nursing services by a private duty home care nurse to two recipients at the same time 
180.11 	and in the same setting.

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

180.13 	Sec. 3. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision 
180.14 	to read:
180.15 		Subd. 35.Statewide procurement. (a) For calendar year 2015, the commissioner 
180.16 	may extend a demonstration provider's contract under this section for a sixth year after 
180.17 	the most recent procurement. For calendar year 2015, section 16B.98, subdivision 
180.18 	5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to 
180.19 	contracts under this section.
180.20 	(b) For calendar year 2016 contracts under this section, the commissioner shall 
180.21 	procure through a statewide procurement, which includes all 87 counties, demonstration 
180.22 	providers, and participating entities as defined in section 256L.01, subdivision 7. The 
180.23 	commissioner shall publish a request for proposals by January 5, 2015. As part of the 
180.24 	procurement process, the commissioner shall:
180.25 	(1) seek each individual county's input;
180.26 	(2) organize counties into regional groups, and consider single counties for the 
180.27 	largest and most diverse counties; and
180.28 	(3) seek regional and county input regarding the respondent's ability to fully and 
180.29 	adequately deliver required health care services, offer an adequate provider network, 
180.30 	provide care coordination with county services, and serve special populations, including 
180.31 	enrollees with language and cultural needs. 

180.32 	Sec. 4. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS 
180.33 	CHRONIC CONDITIONS.
 181.1 	The commissioner of human services shall incorporate strategies and activities in the 
181.2 	Department of Human Service's planning efforts and design of the state Medicaid plan 
181.3 	option under section 2703 of the Patient Protection and Affordable Care Act that address 
181.4 	chronic medical or behavioral health conditions complicated by socioeconomic factors 
181.5 	such as race, ethnicity, age, immigration, or language.

181.6 	Sec. 5. REVISOR'S INSTRUCTION.
 181.7 	The revisor of statutes shall change the term "private duty nursing" or similar terms 
181.8 	to "home care nursing" or similar terms, and shall change the term "private duty nurse" to 
181.9 	"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota 
181.10 	Rules. The revisor shall also make grammatical changes related to the changes in terms.

181.11 	ARTICLE 10
181.12 	MISCELLANEOUS

181.13 	Section 1. [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION 
181.14 	EXPIRATION.
181.15 	Notwithstanding any practice to the contrary, in an emergency situation or in the 
181.16 	case of lost glasses, an optometrist or physician may authorize a new pair of prescription 
181.17 	eyeglasses using the prescription from the old lenses or the last prescription available.

181.18 	Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, is 
181.19 	amended to read:
181.20 		Subd. 21.Provider enrollment. (a) If the commissioner or the Centers for 
181.21 	Medicare and Medicaid Services determines that a provider is designated "high-risk," the 
181.22 	commissioner may withhold payment from providers within that category upon initial 
181.23 	enrollment for a 90-day period. The withholding for each provider must begin on the date 
181.24 	of the first submission of a claim.
181.25 	(b) An enrolled provider that is also licensed by the commissioner under chapter 
181.26 	245A must designate an individual as the entity's compliance officer. The compliance 
181.27 	officer must:
181.28 	(1) develop policies and procedures to assure adherence to medical assistance laws 
181.29 	and regulations and to prevent inappropriate claims submissions;
181.30 	(2) train the employees of the provider entity, and any agents or subcontractors of 
181.31 	the provider entity including billers, on the policies and procedures under clause (1);
181.32 	(3) respond to allegations of improper conduct related to the provision or billing of 
181.33 	medical assistance services, and implement action to remediate any resulting problems;
182.1 	(4) use evaluation techniques to monitor compliance with medical assistance laws 
182.2 	and regulations;
182.3 	(5) promptly report to the commissioner any identified violations of medical 
182.4 	assistance laws or regulations; and
182.5 	(6) within 60 days of discovery by the provider of a medical assistance 
182.6 	reimbursement overpayment, report the overpayment to the commissioner and make 
182.7 	arrangements with the commissioner for the commissioner's recovery of the overpayment.
182.8 	The commissioner may require, as a condition of enrollment in medical assistance, that a 
182.9 	provider within a particular industry sector or category establish a compliance program that 
182.10 	contains the core elements established by the Centers for Medicare and Medicaid Services.
182.11 	(c) The commissioner may revoke the enrollment of an ordering or rendering 
182.12 	provider for a period of not more than one year, if the provider fails to maintain and, upon 
182.13 	request from the commissioner, provide access to documentation relating to written orders 
182.14 	or requests for payment for durable medical equipment, certifications for home health 
182.15 	services, or referrals for other items or services written or ordered by such provider, when 
182.16 	the commissioner has identified a pattern of a lack of documentation. A pattern means a 
182.17 	failure to maintain documentation or provide access to documentation on more than one 
182.18 	occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a 
182.19 	provider under the provisions of section 256B.064.
182.20 	(d) The commissioner shall terminate or deny the enrollment of any individual or 
182.21 	entity if the individual or entity has been terminated from participation in Medicare or 
182.22 	under the Medicaid program or Children's Health Insurance Program of any other state.
182.23 	(e) As a condition of enrollment in medical assistance, the commissioner shall 
182.24 	require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 
182.25 	and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 
182.26 	Services, its agents, or its designated contractors and the state agency, its agents, or its 
182.27 	designated contractors to conduct unannounced on-site inspections of any provider location. 
182.28 	The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 
182.29 	list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 
182.30 	and standards used to designate Medicare providers in Code of Federal Regulations, title 
182.31 	42, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 
182.32 	The commissioner's designations are not subject to administrative appeal.
182.33 	(f) As a condition of enrollment in medical assistance, the commissioner shall 
182.34 	require that a high-risk provider, or a person with a direct or indirect ownership interest in 
182.35 	the provider of five percent or higher, consent to criminal background checks, including 
182.36 	fingerprinting, when required to do so under state law or by a determination by the 
183.1 	commissioner or the Centers for Medicare and Medicaid Services that a provider is 
183.2 	designated high-risk for fraud, waste, or abuse.
183.3 	(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all 
183.4 	durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
183.5 	 suppliers meeting the durable medical equipment provider and supplier definition in clause 
183.6 	(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond 
183.7 	that is annually renewed and designates the Minnesota Department of Human Services as 
183.8 	the obligee, and must be submitted in a form approved by the commissioner. For purposes 
183.9 	of this clause, the following medical suppliers are not required to obtain a surety bond: 
183.10 	a federally qualified health center, a home health agency, the Indian Health Service, a 
183.11 	pharmacy, and a rural health clinic.
183.12 	(2) At the time of initial enrollment or reenrollment, the provider agency durable 
183.13 	medical equipment providers and suppliers defined in clause (3) must purchase a 
183.14 	performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in 
183.15 	the previous calendar year is up to and including $300,000, the provider agency must 
183.16 	purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid 
183.17 	revenue in the previous calendar year is over $300,000, the provider agency must purchase 
183.18 	a performance surety bond of $100,000. The performance surety bond must allow for 
183.19 	recovery of costs and fees in pursuing a claim on the bond.
183.20 	(3) "Durable medical equipment provider or supplier" means a medical supplier that 
183.21 	can purchase medical equipment or supplies for sale or rental to the general public and 
183.22 	is able to perform or arrange for necessary repairs to and maintenance of equipment 
183.23 	offered for sale or rental.
183.24 	(h) The Department of Human Services may require a provider to purchase a 
183.25 	performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, 
183.26 	or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the 
183.27 	department determines there is significant evidence of or potential for fraud and abuse by 
183.28 	the provider, or (3) the provider or category of providers is designated high-risk pursuant 
183.29 	to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The 
183.30 	performance surety bond must be in an amount of $100,000 or ten percent of the provider's 
183.31 	payments from Medicaid during the immediately preceding 12 months, whichever is 
183.32 	greater. The performance surety bond must name the Department of Human Services as 
183.33 	an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond. 
183.34 	This paragraph does not apply if the provider currently maintains a surety bond under the 
183.35 	requirements in section 256B.0659 or 256B.85.

184.1 	Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21, 
184.2 	is amended to read:
184.3 		Subd. 21.Requirements for provider enrollment of personal care assistance 
184.4 	provider agencies. (a) All personal care assistance provider agencies must provide, at the 
184.5 	time of enrollment, reenrollment, and revalidation as a personal care assistance provider 
184.6 	agency in a format determined by the commissioner, information and documentation that 
184.7 	includes, but is not limited to, the following:
184.8 	(1) the personal care assistance provider agency's current contact information 
184.9 	including address, telephone number, and e-mail address;
184.10 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider's 
184.11 	Medicaid revenue in the previous calendar year is up to and including $300,000, the 
184.12 	provider agency must purchase a performance surety bond of $50,000. If the Medicaid 
184.13 	revenue in the previous year is over $300,000, the provider agency must purchase a 
184.14 	performance surety bond of $100,000. The performance surety bond must be in a form 
184.15 	approved by the commissioner, must be renewed annually, and must allow for recovery of 
184.16 	costs and fees in pursuing a claim on the bond;
184.17 	(3) proof of fidelity bond coverage in the amount of $20,000;
184.18 	(4) proof of workers' compensation insurance coverage;
184.19 	(5) proof of liability insurance;
184.20 	(6) a description of the personal care assistance provider agency's organization 
184.21 	identifying the names of all owners, managing employees, staff, board of directors, and 
184.22 	the affiliations of the directors, owners, or staff to other service providers;
184.23 	(7) a copy of the personal care assistance provider agency's written policies and 
184.24 	procedures including: hiring of employees; training requirements; service delivery; 
184.25 	and employee and consumer safety including process for notification and resolution 
184.26 	of consumer grievances, identification and prevention of communicable diseases, and 
184.27 	employee misconduct;
184.28 	(8) copies of all other forms the personal care assistance provider agency uses in 
184.29 	the course of daily business including, but not limited to:
184.30 	(i) a copy of the personal care assistance provider agency's time sheet if the time 
184.31 	sheet varies from the standard time sheet for personal care assistance services approved 
184.32 	by the commissioner, and a letter requesting approval of the personal care assistance 
184.33 	provider agency's nonstandard time sheet;
184.34 	(ii) the personal care assistance provider agency's template for the personal care 
184.35 	assistance care plan; and
185.1 	(iii) the personal care assistance provider agency's template for the written 
185.2 	agreement in subdivision 20 for recipients using the personal care assistance choice 
185.3 	option, if applicable;
185.4 	(9) a list of all training and classes that the personal care assistance provider agency 
185.5 	requires of its staff providing personal care assistance services;
185.6 	(10) documentation that the personal care assistance provider agency and staff have 
185.7 	successfully completed all the training required by this section;
185.8 	(11) documentation of the agency's marketing practices;
185.9 	(12) disclosure of ownership, leasing, or management of all residential properties 
185.10 	that is used or could be used for providing home care services;
185.11 	(13) documentation that the agency will use the following percentages of revenue 
185.12 	generated from the medical assistance rate paid for personal care assistance services 
185.13 	for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 
185.14 	personal care assistance choice option and 72.5 percent of revenue from other personal 
185.15 	care assistance providers. The revenue generated by the qualified professional and the 
185.16 	reasonable costs associated with the qualified professional shall not be used in making 
185.17 	this calculation; and
185.18 	(14) effective May 15, 2010, documentation that the agency does not burden 
185.19 	recipients' free exercise of their right to choose service providers by requiring personal 
185.20 	care assistants to sign an agreement not to work with any particular personal care 
185.21 	assistance recipient or for another personal care assistance provider agency after leaving 
185.22 	the agency and that the agency is not taking action on any such agreements or requirements 
185.23 	regardless of the date signed.
185.24 	(b) Personal care assistance provider agencies shall provide the information specified 
185.25 	in paragraph (a) to the commissioner at the time the personal care assistance provider 
185.26 	agency enrolls as a vendor or upon request from the commissioner. The commissioner 
185.27 	shall collect the information specified in paragraph (a) from all personal care assistance 
185.28 	providers beginning July 1, 2009.
185.29 	(c) All personal care assistance provider agencies shall require all employees in 
185.30 	management and supervisory positions and owners of the agency who are active in the 
185.31 	day-to-day management and operations of the agency to complete mandatory training 
185.32 	as determined by the commissioner before enrollment of the agency as a provider. 
185.33 	Employees in management and supervisory positions and owners who are active in 
185.34 	the day-to-day operations of an agency who have completed the required training as 
185.35 	an employee with a personal care assistance provider agency do not need to repeat 
185.36 	the required training if they are hired by another agency, if they have completed the 
186.1 	training within the past three years. By September 1, 2010, the required training must 
186.2 	be available with meaningful access according to title VI of the Civil Rights Act and 
186.3 	federal regulations adopted under that law or any guidance from the United States Health 
186.4 	and Human Services Department. The required training must be available online or by 
186.5 	electronic remote connection. The required training must provide for competency testing. 
186.6 	Personal care assistance provider agency billing staff shall complete training about 
186.7 	personal care assistance program financial management. This training is effective July 1, 
186.8 	2009. Any personal care assistance provider agency enrolled before that date shall, if it 
186.9 	has not already, complete the provider training within 18 months of July 1, 2009. Any new 
186.10 	owners or employees in management and supervisory positions involved in the day-to-day 
186.11 	operations are required to complete mandatory training as a requisite of working for the 
186.12 	agency. Personal care assistance provider agencies certified for participation in Medicare 
186.13 	as home health agencies are exempt from the training required in this subdivision. When 
186.14 	available, Medicare-certified home health agency owners, supervisors, or managers must 
186.15 	successfully complete the competency test.

186.16 	Sec. 4. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
186.17 		Subdivision 1.Managed care pilot. The commissioner may initiate a capitated 
186.18 	risk-based managed care option for services in an intermediate care facility for persons 
186.19 	with developmental disabilities according to the terms and conditions of the federal 
186.20 	agreement governing the managed care pilot. The commissioner may grant a variance 
186.21 	to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts 
186.22 	9525.1200 to 9525.1330 and 9525.1580.

186.23 	Sec. 5. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
186.24 		Subd. 16.Project extension. Minnesota Rules, parts 9500.1450; 9500.1451; 
186.25 	9500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458; 
186.26 	9500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

186.27 	Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is 
186.28 	amended to read:
186.29 		Subd. 12.Requirements for enrollment of CFSS provider agencies. (a) All CFSS 
186.30 	provider agencies must provide, at the time of enrollment, reenrollment, and revalidation 
186.31 	as a CFSS provider agency in a format determined by the commissioner, information and 
186.32 	documentation that includes, but is not limited to, the following:
187.1 	(1) the CFSS provider agency's current contact information including address, 
187.2 	telephone number, and e-mail address;
187.3 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's 
187.4 	Medicaid revenue in the previous calendar year is less than or equal to $300,000, the 
187.5 	provider agency must purchase a performance surety bond of $50,000. If the provider 
187.6 	agency's Medicaid revenue in the previous calendar year is greater than $300,000, the 
187.7 	provider agency must purchase a performance surety bond of $100,000. The performance
187.8 	 surety bond must be in a form approved by the commissioner, must be renewed annually, 
187.9 	and must allow for recovery of costs and fees in pursuing a claim on the bond;
187.10 	(3) proof of fidelity bond coverage in the amount of $20,000;
187.11 	(4) proof of workers' compensation insurance coverage;
187.12 	(5) proof of liability insurance;
187.13 	(6) a description of the CFSS provider agency's organization identifying the names 
187.14 	of all owners, managing employees, staff, board of directors, and the affiliations of the 
187.15 	directors, owners, or staff to other service providers;
187.16 	(7) a copy of the CFSS provider agency's written policies and procedures including: 
187.17 	hiring of employees; training requirements; service delivery; and employee and consumer 
187.18 	safety including process for notification and resolution of consumer grievances, 
187.19 	identification and prevention of communicable diseases, and employee misconduct;
187.20 	(8) copies of all other forms the CFSS provider agency uses in the course of daily 
187.21 	business including, but not limited to:
187.22 	(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from 
187.23 	the standard time sheet for CFSS services approved by the commissioner, and a letter 
187.24 	requesting approval of the CFSS provider agency's nonstandard time sheet; and
187.25 	(ii) the CFSS provider agency's template for the CFSS care plan;
187.26 	(9) a list of all training and classes that the CFSS provider agency requires of its 
187.27 	staff providing CFSS services;
187.28 	(10) documentation that the CFSS provider agency and staff have successfully 
187.29 	completed all the training required by this section;
187.30 	(11) documentation of the agency's marketing practices;
187.31 	(12) disclosure of ownership, leasing, or management of all residential properties 
187.32 	that are used or could be used for providing home care services;
187.33 	(13) documentation that the agency will use at least the following percentages of 
187.34 	revenue generated from the medical assistance rate paid for CFSS services for employee 
187.35 	personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. 
188.1 	The revenue generated by the support specialist and the reasonable costs associated with 
188.2 	the support specialist shall not be used in making this calculation; and
188.3 	(14) documentation that the agency does not burden recipients' free exercise of their 
188.4 	right to choose service providers by requiring personal care assistants to sign an agreement 
188.5 	not to work with any particular CFSS recipient or for another CFSS provider agency after 
188.6 	leaving the agency and that the agency is not taking action on any such agreements or 
188.7 	requirements regardless of the date signed.
188.8 	(b) CFSS provider agencies shall provide to the commissioner the information 
188.9 	specified in paragraph (a).
188.10 	(c) All CFSS provider agencies shall require all employees in management and 
188.11 	supervisory positions and owners of the agency who are active in the day-to-day 
188.12 	management and operations of the agency to complete mandatory training as determined 
188.13 	by the commissioner. Employees in management and supervisory positions and owners 
188.14 	who are active in the day-to-day operations of an agency who have completed the required 
188.15 	training as an employee with a CFSS provider agency do not need to repeat the required 
188.16 	training if they are hired by another agency, if they have completed the training within 
188.17 	the past three years. CFSS provider agency billing staff shall complete training about 
188.18 	CFSS program financial management. Any new owners or employees in management 
188.19 	and supervisory positions involved in the day-to-day operations are required to complete 
188.20 	mandatory training as a requisite of working for the agency. CFSS provider agencies 
188.21 	certified for participation in Medicare as home health agencies are exempt from the 
188.22 	training required in this subdivision.

188.23 	Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
188.24 		Subd. 2.Selection of members, terms, vacancies. Except in counties which 
188.25 	contain a city of the first class and counties having a poor and hospital commission, the 
188.26 	local social services agency shall consist of seven members, including the board of county 
188.27 	commissioners, to be selected as herein provided; two members, one of whom shall be 
188.28 	a woman, shall be appointed by the commissioner of human services board of county 
188.29 	commissioners, one each year for a full term of two years, from a list of residents, submitted 
188.30 	by the board of county commissioners. As each term expires or a vacancy occurs by reason 
188.31 	of death or resignation, a successor shall be appointed by the commissioner of human 
188.32 	services board of county commissioners for the full term of two years or the balance of any 
188.33 	unexpired term from a list of one or more, not to exceed three residents submitted by the 
188.34 	board of county commissioners. The board of county commissioners may, by resolution 
188.35 	adopted by a majority of the board, determine that only three of their members shall be 
189.1 	members of the local social services agency, in which event the local social services agency 
189.2 	shall consist of five members instead of seven. When a vacancy occurs on the local social 
189.3 	services agency by reason of the death, resignation, or expiration of the term of office of a 
189.4 	member of the board of county commissioners, the unexpired term of such member shall 
189.5 	be filled by appointment by the county commissioners. Except to fill a vacancy the term 
189.6 	of office of each member of the local social services agency shall commence on the first 
189.7 	Thursday after the first Monday in July, and continue until the expiration of the term 
189.8 	for which such member was appointed or until a successor is appointed and qualifies. 
189.9 	If the board of county commissioners shall refuse, fail, omit, or neglect to submit one 
189.10 	or more nominees to the commissioner of human services for appointment to the local 
189.11 	social services agency by the commissioner of human services, as herein provided, or to 
189.12 	appoint the three members to the local social services agency, as herein provided, by the 
189.13 	time when the terms of such members commence, or, in the event of vacancies, for a 
189.14 	period of 30 days thereafter, the commissioner of human services is hereby empowered 
189.15 	to and shall forthwith appoint residents of the county to the local social services agency. 
189.16 	The commissioner of human services, on refusing to appoint a nominee from the list of 
189.17 	nominees submitted by the board of county commissioners, shall notify the county board 
189.18 	of such refusal. The county board shall thereupon nominate additional nominees. Before 
189.19 	the commissioner of human services shall fill any vacancy hereunder resulting from the 
189.20 	failure or refusal of the board of county commissioners of any county to act, as required 
189.21 	herein, the commissioner of human services shall mail 15 days' written notice to the board 
189.22 	of county commissioners of its intention to fill such vacancy or vacancies unless the board 
189.23 	of county commissioners shall act before the expiration of the 15-day period.

189.24 	Sec. 8. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
189.25 		Subd. 7.Joint exercise of powers. Notwithstanding the provisions of subdivision 1 
189.26 	two or more counties may by resolution of their respective boards of county commissioners, 
189.27 	agree to combine the functions of their separate local social services agency into one local 
189.28 	social services agency to serve the two or more counties that enter into the agreement. 
189.29 	Such agreement may be for a definite term or until terminated in accordance with its terms. 
189.30 	When two or more counties have agreed to combine the functions of their separate local 
189.31 	social services agency, a single local social services agency in lieu of existing individual 
189.32 	local social services agency shall be established to direct the activities of the combined 
189.33 	agency. This agency shall have the same powers, duties and functions as an individual local 
189.34 	social services agency. The single local social services agency shall have representation 
189.35 	from each of the participating counties with selection of the members to be as follows:
190.1 	(a) Each board of county commissioners entering into the agreement shall on an 
190.2 	annual basis select one or two of its members to serve on the single local social services 
190.3 	agency.
190.4 	(b) Each board of county commissioners entering into the agreement shall in 
190.5 	accordance with procedures established by the commissioner of human services, submit a 
190.6 	list of names of three county residents, who shall not be county commissioners, to the 
190.7 	commissioner of human services. The commissioner shall select one person from each 
190.8 	county list county resident who is not a county commissioner to serve as a local social 
190.9 	services agency member.
190.10 	(c) The composition of the agency may be determined by the boards of county 
190.11 	commissioners entering into the agreement providing that no less than one-third of the 
190.12 	members are appointed as provided in clause paragraph (b).

190.13 	Sec. 9. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to 
190.14 	read:
190.15 	Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT 
190.16 	PROCESS.
 190.17 	(a) The commissioner of human services shall issue a request for information for an 
190.18 	integrated service delivery system for health care programs, food support, cash assistance, 
190.19 	and child care. The commissioner shall determine, in consultation with partners in 
190.20 	paragraph (c), if the products meet departments' and counties' functions. The request for 
190.21 	information may incorporate a performance-based vendor financing option in which the 
190.22 	vendor shares the risk of the project's success. The health care system must be developed 
190.23 	in phases with the capacity to integrate food support, cash assistance, and child care 
190.24 	programs as funds are available. The request for information must require that the system:
190.25 	(1) streamline eligibility determinations and case processing to support statewide 
190.26 	eligibility processing;
190.27 	(2) enable interested persons to determine eligibility for each program, and to apply 
190.28 	for programs online in a manner that the applicant will be asked only those questions 
190.29 	relevant to the programs for which the person is applying;
190.30 	(3) leverage technology that has been operational in other state environments with 
190.31 	similar requirements; and
190.32 	(4) include Web-based application, worker application processing support, and the 
190.33 	opportunity for expansion.
191.1 	(b) The commissioner shall issue a final report, including the implementation plan, 
191.2 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
191.3 	over health and human services no later than January 31, 2012.
191.4 	(c) The commissioner shall partner with counties, a service delivery authority 
191.5 	established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology, 
191.6 	other state agencies, and service partners to develop an integrated service delivery 
191.7 	framework, which will simplify and streamline human services eligibility and enrollment 
191.8 	processes. The primary objectives for the simplification effort include significantly 
191.9 	improved eligibility processing productivity resulting in reduced time for eligibility 
191.10 	determination and enrollment, increased customer service for applicants and recipients of 
191.11 	services, increased program integrity, and greater administrative flexibility.
191.12 	(d) The commissioner, along with a county representative appointed by the 
191.13 	Association of Minnesota Counties, shall report specific implementation progress to the 
191.14 	legislature annually beginning May 15, 2012.
191.15 	(e) The commissioner shall work with the Minnesota Association of County Social 
191.16 	Service Administrators and the Office of Enterprise Technology to develop collaborative 
191.17 	task forces, as necessary, to support implementation of the service delivery components 
191.18 	under this paragraph. The commissioner must evaluate, develop, and include as part 
191.19 	of the integrated eligibility and enrollment service delivery framework, the following 
191.20 	minimum components:
191.21 	(1) screening tools for applicants to determine potential eligibility as part of an 
191.22 	online application process;
191.23 	(2) the capacity to use databases to electronically verify application and renewal 
191.24 	data as required by law;
191.25 	(3) online accounts accessible by applicants and enrollees;
191.26 	(4) an interactive voice response system, available statewide, that provides case 
191.27 	information for applicants, enrollees, and authorized third parties;
191.28 	(5) an electronic document management system that provides electronic transfer of 
191.29 	all documents required for eligibility and enrollment processes; and
191.30 	(6) a centralized customer contact center that applicants, enrollees, and authorized 
191.31 	third parties can use statewide to receive program information, application assistance, 
191.32 	and case information, report changes, make cost-sharing payments, and conduct other 
191.33 	eligibility and enrollment transactions.
191.34 	(f) (e) Subject to a legislative appropriation, the commissioner of human services 
191.35 	shall issue a request for proposal for the appropriate phase of an integrated service delivery 
191.36 	system for health care programs, food support, cash assistance, and child care.

192.1 	Sec. 10. INSTRUCTIONS TO THE COMMISSIONER.
 192.2 	The commissioner of human services must consult with community stakeholders 
192.3 	regarding the impact of the decision of the United States Court of Appeals in Geston v. 
192.4 	Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program. 
192.5 	The commissioner must provide a written report to the chairs and ranking minority 
192.6 	members of the house of representatives and senate standing committees with jurisdiction 
192.7 	over medical assistance policy and finance no later than January 5, 2015. The report must 
192.8 	include proposed legislation to ensure Minnesota's medical assistance program complies 
192.9 	with the requirements of the Geston decision.

192.10 	Sec. 11. RULEMAKING; REDUNDANT PROVISION REGARDING 
192.11 	TRANSITION LENSES.
 192.12 	The commissioner of human services shall amend Minnesota Rules, part 9505.0277, 
192.13 	subpart 3, to remove transition lenses from the list of eyeglass services not eligible for 
192.14 	payment under the medical assistance program. The commissioner may use the good 
192.15 	cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt 
192.16 	rules under this section. Minnesota Statutes, section 14.386, does not apply except as 
192.17 	provided in Minnesota Statutes, section 14.388.

192.18 	Sec. 12. FEDERAL APPROVAL.
 192.19 	By October 1, 2015, the commissioner of human services shall seek federal authority 
192.20 	to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid 
192.21 	plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI). 
192.22 	To be eligible, an individual must have family income at or below 200 percent of the 
192.23 	federal poverty guidelines, except that for an individual under age 21, only the income of 
192.24 	the individual must be considered in determining eligibility. Services under this program 
192.25 	must be available on a presumptive eligibility basis.

192.26 	Sec. 13. REVISOR'S INSTRUCTION.
 192.27 	The revisor of statutes shall remove cross-references to the sections and parts 
192.28 	repealed in section 14, paragraphs (a) and (b), wherever they appear in Minnesota Rules 
192.29 	and shall make changes necessary to correct the punctuation, grammar, or structure of the 
192.30 	remaining text and preserve its meaning.

192.31 	Sec. 14.  REPEALER.
 192.32 	(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
193.1 	(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 
193.2 	9500.1456; and 9525.1580, are repealed.
193.3 	(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and 
193.4 	9505.5325, are repealed contingent upon federal approval of the state Medicaid plan 
193.5 	amendment under section 12. The commissioner of human services shall notify the 
193.6 	revisor of statutes when this occurs.

193.7 	ARTICLE 11
193.8 	CHILDREN AND FAMILY SERVICES POLICY

193.9 	Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
193.10 		Subd. 2.General. (a) Data on individuals collected, maintained, used, or 
193.11 	disseminated by the welfare system are private data on individuals, and shall not be 
193.12 	disclosed except:
193.13 	(1) according to section 13.05;
193.14 	(2) according to court order;
193.15 	(3) according to a statute specifically authorizing access to the private data;
193.16 	(4) to an agent of the welfare system and an investigator acting on behalf of a county, 
193.17 	the state, or the federal government, including a law enforcement person or attorney in the 
193.18 	investigation or prosecution of a criminal, civil, or administrative proceeding relating to 
193.19 	the administration of a program;
193.20 	(5) to personnel of the welfare system who require the data to verify an individual's 
193.21 	identity; determine eligibility, amount of assistance, and the need to provide services to 
193.22 	an individual or family across programs; evaluate the effectiveness of programs; assess 
193.23 	parental contribution amounts; and investigate suspected fraud;
193.24 	(6) to administer federal funds or programs;
193.25 	(7) between personnel of the welfare system working in the same program;
193.26 	(8) to the Department of Revenue to assess parental contribution amounts for 
193.27 	purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 
193.28 	programs and to identify individuals who may benefit from these programs. The following 
193.29 	information may be disclosed under this paragraph: an individual's and their dependent's 
193.30 	names, dates of birth, Social Security numbers, income, addresses, and other data as 
193.31 	required, upon request by the Department of Revenue. Disclosures by the commissioner 
193.32 	of revenue to the commissioner of human services for the purposes described in this clause 
193.33 	are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 
193.34 	but are not limited to, the dependent care credit under section 290.067, the Minnesota 
194.1 	working family credit under section 290.0671, the property tax refund and rental credit 
194.2 	under section 290A.04, and the Minnesota education credit under section 290.0674;
194.3 	(9) between the Department of Human Services, the Department of Employment 
194.4 	and Economic Development, and when applicable, the Department of Education, for 
194.5 	the following purposes:
194.6 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
194.7 	employment or training program administered, supervised, or certified by that agency;
194.8 	(ii) to administer any rehabilitation program or child care assistance program, 
194.9 	whether alone or in conjunction with the welfare system;
194.10 	(iii) to monitor and evaluate the Minnesota family investment program or the child 
194.11 	care assistance program by exchanging data on recipients and former recipients of food 
194.12 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
194.13 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
194.14 	(iv) to analyze public assistance employment services and program utilization, 
194.15 	cost, effectiveness, and outcomes as implemented under the authority established in Title 
194.16 	II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 
194.17 	1999. Health records governed by sections 144.291 to 144.298 and "protected health 
194.18 	information" as defined in Code of Federal Regulations, title 45, section 160.103, and 
194.19 	governed by Code of Federal Regulations, title 45, parts 160-164, including health care 
194.20 	claims utilization information, must not be exchanged under this clause;
194.21 	(10) to appropriate parties in connection with an emergency if knowledge of 
194.22 	the information is necessary to protect the health or safety of the individual or other 
194.23 	individuals or persons;
194.24 	(11) data maintained by residential programs as defined in section 245A.02 may 
194.25 	be disclosed to the protection and advocacy system established in this state according 
194.26 	to Part C of Public Law 98-527 to protect the legal and human rights of persons with 
194.27 	developmental disabilities or other related conditions who live in residential facilities for 
194.28 	these persons if the protection and advocacy system receives a complaint by or on behalf 
194.29 	of that person and the person does not have a legal guardian or the state or a designee of 
194.30 	the state is the legal guardian of the person;
194.31 	(12) to the county medical examiner or the county coroner for identifying or locating 
194.32 	relatives or friends of a deceased person;
194.33 	(13) data on a child support obligor who makes payments to the public agency 
194.34 	may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 
194.35 	determine eligibility under section 136A.121, subdivision 2, clause (5);
195.1 	(14) participant Social Security numbers and names collected by the telephone 
195.2 	assistance program may be disclosed to the Department of Revenue to conduct an 
195.3 	electronic data match with the property tax refund database to determine eligibility under 
195.4 	section 237.70, subdivision 4a;
195.5 	(15) the current address of a Minnesota family investment program participant 
195.6 	may be disclosed to law enforcement officers who provide the name of the participant 
195.7 	and notify the agency that:
195.8 	(i) the participant:
195.9 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
195.10 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
195.11 	jurisdiction from which the individual is fleeing; or
195.12 	(B) is violating a condition of probation or parole imposed under state or federal law;
195.13 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
195.14 	official duties; and
195.15 	(iii) the request is made in writing and in the proper exercise of those duties;
195.16 	(16) the current address of a recipient of general assistance or general assistance 
195.17 	medical care may be disclosed to probation officers and corrections agents who are 
195.18 	supervising the recipient and to law enforcement officers who are investigating the 
195.19 	recipient in connection with a felony level offense;
195.20 	(17) information obtained from food support applicant or recipient households may 
195.21 	be disclosed to local, state, or federal law enforcement officials, upon their written request, 
195.22 	for the purpose of investigating an alleged violation of the Food Stamp Act, according 
195.23 	to Code of Federal Regulations, title 7, section 272.1 (c);
195.24 	(18) the address, Social Security number, and, if available, photograph of any 
195.25 	member of a household receiving food support shall be made available, on request, to a 
195.26 	local, state, or federal law enforcement officer if the officer furnishes the agency with the 
195.27 	name of the member and notifies the agency that:
195.28 	(i) the member:
195.29 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
195.30 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
195.31 	(B) is violating a condition of probation or parole imposed under state or federal 
195.32 	law; or
195.33 	(C) has information that is necessary for the officer to conduct an official duty related 
195.34 	to conduct described in subitem (A) or (B);
195.35 	(ii) locating or apprehending the member is within the officer's official duties; and
196.1 	(iii) the request is made in writing and in the proper exercise of the officer's official 
196.2 	duty;
196.3 	(19) the current address of a recipient of Minnesota family investment program, 
196.4 	general assistance, general assistance medical care, or food support may be disclosed to 
196.5 	law enforcement officers who, in writing, provide the name of the recipient and notify the 
196.6 	agency that the recipient is a person required to register under section 243.166, but is not 
196.7 	residing at the address at which the recipient is registered under section 243.166;
196.8 	(20) certain information regarding child support obligors who are in arrears may be 
196.9 	made public according to section 518A.74;
196.10 	(21) data on child support payments made by a child support obligor and data on 
196.11 	the distribution of those payments excluding identifying information on obligees may be 
196.12 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
196.13 	actions undertaken by the public authority, the status of those actions, and data on the 
196.14 	income of the obligor or obligee may be disclosed to the other party;
196.15 	(22) data in the work reporting system may be disclosed under section 256.998, 
196.16 	subdivision 7;
196.17 	(23) to the Department of Education for the purpose of matching Department of 
196.18 	Education student data with public assistance data to determine students eligible for free 
196.19 	and reduced-price meals, meal supplements, and free milk according to United States 
196.20 	Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 
196.21 	state funds that are distributed based on income of the student's family; and to verify 
196.22 	receipt of energy assistance for the telephone assistance plan;
196.23 	(24) the current address and telephone number of program recipients and emergency 
196.24 	contacts may be released to the commissioner of health or a local board of health as 
196.25 	defined in section 145A.02, subdivision 2, when the commissioner or local board of health 
196.26 	has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 
196.27 	risk of illness, and the data are necessary to locate the person;
196.28 	(25) to other state agencies, statewide systems, and political subdivisions of this 
196.29 	state, including the attorney general, and agencies of other states, interstate information 
196.30 	networks, federal agencies, and other entities as required by federal regulation or law for 
196.31 	the administration of the child support enforcement program;
196.32 	(26) to personnel of public assistance programs as defined in section 256.741, for 
196.33 	access to the child support system database for the purpose of administration, including 
196.34 	monitoring and evaluation of those public assistance programs;
196.35 	(27) to monitor and evaluate the Minnesota family investment program by 
196.36 	exchanging data between the Departments of Human Services and Education, on 
197.1 	recipients and former recipients of food support, cash assistance under chapter 256, 256D, 
197.2 	256J, or 256K, child care assistance under chapter 119B, or medical programs under 
197.3 	chapter 256B, 256D, or 256L;
197.4 	(28) to evaluate child support program performance and to identify and prevent 
197.5 	fraud in the child support program by exchanging data between the Department of Human 
197.6 	Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 
197.7 	and (b), without regard to the limitation of use in paragraph (c), Department of Health, 
197.8 	Department of Employment and Economic Development, and other state agencies as is 
197.9 	reasonably necessary to perform these functions;
197.10 	(29) counties operating child care assistance programs under chapter 119B may 
197.11 	disseminate data on program participants, applicants, and providers to the commissioner 
197.12 	of education; or
197.13 	(30) child support data on the parents and the child, the parents, and relatives of the 
197.14 	child  may be disclosed to agencies administering programs under titles IV-B and IV-E of 
197.15 	the Social Security Act, as provided authorized by federal law. Data may be disclosed 
197.16 	only to the extent necessary for the purpose of establishing parentage or for determining 
197.17 	who has or may have parental rights with respect to a child, which could be related 
197.18 	to permanency planning.
197.19 	(b) Information on persons who have been treated for drug or alcohol abuse may 
197.20 	only be disclosed according to the requirements of Code of Federal Regulations, title 
197.21 	42, sections 2.1 to 2.67.
197.22 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), 
197.23 	(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 
197.24 	nonpublic while the investigation is active. The data are private after the investigation 
197.25 	becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
197.26 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are 
197.27 	not subject to the access provisions of subdivision 10, paragraph (b).
197.28 	For the purposes of this subdivision, a request will be deemed to be made in writing 
197.29 	if made through a computer interface system.

197.30 	Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
197.31 		Subd. 2.Contractual agreements with tribes. The commissioner may enter into 
197.32 	contractual agreements with a federally recognized Indian tribe with a reservation in 
197.33 	Minnesota to carry out the responsibilities of county human service agencies to the 
197.34 	extent necessary for the tribe to operate child care assistance programs under sections 
197.35 	119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursedthe state 
198.1 	to make payments for child care assistance services provided under section 119B.05. 
198.2 	The commissioner shall consult with the affected county or counties in the contractual 
198.3 	agreement negotiations, if the county or counties wish to be included, in order to avoid 
198.4 	the duplication of county and tribal child care services. Funding to support services 
198.5 	under section 119B.03 may be transferred to the federally recognized Indian tribe with a 
198.6 	reservation in Minnesota from allocations available to counties in which reservation 
198.7 	boundaries lie. When funding is transferred under section 119B.03, the amount shall be 
198.8 	commensurate to estimates of the proportion of reservation residents with characteristics 
198.9 	identified in section 119B.03, subdivision 6, to the total population of county residents 
198.10 	with those same characteristics.

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

198.14 	Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
198.15 		Subd. 13.Child care in the child's home. (a) Child care assistance must only be 
198.16 	authorized in the child's home if:
198.17 	(1) the child's parents have authorized activities outside of the home and if; or
198.18 	(2) one parent in a two-parent family is in an authorized activity outside of the home 
198.19 	and one parent is unable to care for the child and meets the requirements in Minnesota 
198.20 	Rules, part 3400.0040, subpart 5.
198.21 	(b)In order for child care assistance to be authorized under paragraph (a), clause (1) 
198.22 	or (2), one or more of the following circumstances are must be met:
198.23 	(1) the parents' qualifying authorized activity occurs during times when out-of-home 
198.24 	care is not available or when out-of-home care would result in disruption of the child's 
198.25 	nighttime sleep schedule. If child care is needed during any period when out-of-home care 
198.26 	is not available, in-home care can be approved for the entire time care is needed;
198.27 	(2) the family lives in an area where out-of-home care is not available; or
198.28 	(3) a child has a verified illness or disability that would place the child or other 
198.29 	children in an out-of-home facility at risk or creates a hardship for the child and the family 
198.30 	to take the child out of the home to a child care home or center.

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

198.32 	Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision 
198.33 	to read:
199.1 		Subd. 9.Personal statement. If a county agency determines that an applicant is 
199.2 	ineligible due to not meeting eligibility requirements of this chapter, a county agency may 
199.3 	accept a signed personal statement from the applicant in lieu of documentation verifying 
199.4 	ineligibility.

199.5 	Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
199.6 		Subdivision 1.Verification. (a) The county agency shall request, and applicants 
199.7 	and recipients shall provide and verify, all information necessary to determine initial and 
199.8 	continuing eligibility and assistance payment amounts. If necessary, the county agency 
199.9 	shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient 
199.10 	refuses or fails without good cause to provide the information or verification, the county 
199.11 	agency shall deny or terminate assistance.
199.12 	(b) If a county agency determines that an applicant is ineligible due to not meeting 
199.13 	eligibility requirements of this chapter, a county agency may accept a signed personal 
199.14 	statement from the applicant in lieu of documentation verifying ineligibility.

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

199.23 	Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
199.24 		Subd. 1a.County approval. (a) A county agency may not approve a group 
199.25 	residential housing payment for an individual in any setting with a rate in excess of the 
199.26 	MSA equivalent rate for more than 30 days in a calendar year unless the county agency 
199.27 	has developed or approved a plan for the individual which specifies that:
199.28 	(1) the individual has an illness or incapacity which prevents the person from living 
199.29 	independently in the community; and
199.30 	(2) the individual's illness or incapacity requires the services which are available in 
199.31 	the group residence.
200.1 	The plan must be signed or countersigned by any of the following employees of the 
200.2 	county of financial responsibility: the director of human services or a designee of the 
200.3 	director; a social worker; or a case aide.
200.4 	(b) If a county agency determines that an applicant is ineligible due to not meeting 
200.5 	eligibility requirements under this section, a county agency may accept a signed personal 
200.6 	statement from the applicant in lieu of documentation verifying ineligibility.

200.7 	Sec. 9. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
200.8 		Subd. 3.Submitting application form. (a) A county agency must offer, in person 
200.9 	or by mail, the application forms prescribed by the commissioner as soon as a person 
200.10 	makes a written or oral inquiry. At that time, the county agency must:
200.11 	(1) inform the person that assistance begins with the date the signed application is 
200.12 	received by the county agency or the date all eligibility criteria are met, whichever is later;
200.13 	(2) inform the person that any delay in submitting the application will reduce the 
200.14 	amount of assistance paid for the month of application;
200.15 	(3) inform a person that the person may submit the application before an interview;
200.16 	(4) explain the information that will be verified during the application process by the 
200.17 	county agency as provided in section 256J.32;
200.18 	(5) inform a person about the county agency's average application processing time 
200.19 	and explain how the application will be processed under subdivision 5;
200.20 	(6) explain how to contact the county agency if a person's application information 
200.21 	changes and how to withdraw the application;
200.22 	(7) inform a person that the next step in the application process is an interview 
200.23 	and what a person must do if the application is approved including, but not limited to, 
200.24 	attending orientation under section 256J.45 and complying with employment and training 
200.25 	services requirements in sections 256J.515 to 256J.57;
200.26 	(8) inform the person that the interview must be conducted face-to-face in the county 
200.27 	office, through Internet telepresence, or at a location mutually agreed upon;
200.28 	(9) inform a person who has received MFIP or DWP in the past 12 months of the 
200.29 	option to have a face-to-face, Internet telepresence, or telephone interview;
200.30 	(8) (10) explain the child care and transportation services that are available under 
200.31 	paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
200.32 	(9) (11) identify any language barriers and arrange for translation assistance during 
200.33 	appointments, including, but not limited to, screening under subdivision 3a, orientation 
200.34 	under section 256J.45, and assessment under section 256J.521.
201.1 	(b) Upon receipt of a signed application, the county agency must stamp the date of 
201.2 	receipt on the face of the application. The county agency must process the application 
201.3 	within the time period required under subdivision 5. An applicant may withdraw the 
201.4 	application at any time by giving written or oral notice to the county agency. The county 
201.5 	agency must issue a written notice confirming the withdrawal. The notice must inform 
201.6 	the applicant of the county agency's understanding that the applicant has withdrawn the 
201.7 	application and no longer wants to pursue it. When, within ten days of the date of the 
201.8 	agency's notice, an applicant informs a county agency, in writing, that the applicant does 
201.9 	not wish to withdraw the application, the county agency must reinstate the application and 
201.10 	finish processing the application.
201.11 	(c) Upon a participant's request, the county agency must arrange for transportation 
201.12 	and child care or reimburse the participant for transportation and child care expenses 
201.13 	necessary to enable participants to attend the screening under subdivision 3a and 
201.14 	orientation under section 256J.45.

201.15 	Sec. 10. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
201.16 		Subd. 3.Other property limitations. To be eligible for MFIP, the equity value of 
201.17 	all nonexcluded real and personal property of the assistance unit must not exceed $2,000 
201.18 	for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to 
201.19 	(19) must be excluded when determining the equity value of real and personal property:
201.20 	(1) a licensed vehicle up to a loan trade-in value of less than or equal to $10,000. 
201.21 	If the assistance unit owns more than one licensed vehicle, the county agency shall 
201.22 	determine the loan trade-in value of all additional vehicles and exclude the combined 
201.23 	loan trade-in value of less than or equal to $7,500. The county agency shall apply any 
201.24 	excess loan trade-in value as if it were equity value to the asset limit described in this 
201.25 	section, excluding: (i) the value of one vehicle per physically disabled person when the 
201.26 	vehicle is needed to transport the disabled unit member; this exclusion does not apply to 
201.27 	mentally disabled people; (ii) the value of special equipment for a disabled member of 
201.28 	the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily 
201.29 	commuting, for the employment of a unit member.
201.30 	To establish the loan trade-in value of vehicles, a county agency must use the 
201.31 	N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars online car 
201.32 	values and car prices guide. When a vehicle is not listed in the guidebook, or when the 
201.33 	applicant or participant disputes the loan trade-in value listed in the guidebook online 
201.34 	guide as unreasonable given the condition of the particular vehicle, the county agency 
201.35 	may require the applicant or participant document the loan trade-in value by securing a 
202.1 	written statement from a motor vehicle dealer licensed under section 168.27, stating 
202.2 	the amount that the dealer would pay to purchase the vehicle. The county agency shall 
202.3 	reimburse the applicant or participant for the cost of a written statement that documents a 
202.4 	lower loan trade-in value;
202.5 	(2) the value of life insurance policies for members of the assistance unit;
202.6 	(3) one burial plot per member of an assistance unit;
202.7 	(4) the value of personal property needed to produce earned income, including 
202.8 	tools, implements, farm animals, inventory, business loans, business checking and 
202.9 	savings accounts used at least annually and used exclusively for the operation of a 
202.10 	self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use 
202.11 	is to produce income and if the vehicles are essential for the self-employment business;
202.12 	(5) the value of personal property not otherwise specified which is commonly 
202.13 	used by household members in day-to-day living such as clothing, necessary household 
202.14 	furniture, equipment, and other basic maintenance items essential for daily living;
202.15 	(6) the value of real and personal property owned by a recipient of Supplemental 
202.16 	Security Income or Minnesota supplemental aid;
202.17 	(7) the value of corrective payments, but only for the month in which the payment 
202.18 	is received and for the following month;
202.19 	(8) a mobile home or other vehicle used by an applicant or participant as the 
202.20 	applicant's or participant's home;
202.21 	(9) money in a separate escrow account that is needed to pay real estate taxes or 
202.22 	insurance and that is used for this purpose;
202.23 	(10) money held in escrow to cover employee FICA, employee tax withholding, 
202.24 	sales tax withholding, employee worker compensation, business insurance, property rental, 
202.25 	property taxes, and other costs that are paid at least annually, but less often than monthly;
202.26 	(11) monthly assistance payments for the current month's or short-term emergency 
202.27 	needs under section 256J.626, subdivision 2;
202.28 	(12) the value of school loans, grants, or scholarships for the period they are 
202.29 	intended to cover;
202.30 	(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in 
202.31 	escrow for a period not to exceed three months to replace or repair personal or real property;
202.32 	(14) income received in a budget month through the end of the payment month;
202.33 	(15) savings from earned income of a minor child or a minor parent that are set aside 
202.34 	in a separate account designated specifically for future education or employment costs;
202.35 	(16) the federal earned income credit, Minnesota working family credit, state and 
202.36 	federal income tax refunds, state homeowners and renters credits under chapter 290A, 
203.1 	property tax rebates and other federal or state tax rebates in the month received and the 
203.2 	following month;
203.3 	(17) payments excluded under federal law as long as those payments are held in a 
203.4 	separate account from any nonexcluded funds;
203.5 	(18) the assets of children ineligible to receive MFIP benefits because foster care or 
203.6 	adoption assistance payments are made on their behalf; and
203.7 	(19) the assets of persons whose income is excluded under section 256J.21, 
203.8 	subdivision 2, clause (43).

203.9 	Sec. 11. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is 
203.10 	amended to read:
203.11 		Subd. 2.Income exclusions. The following must be excluded in determining a 
203.12 	family's available income:
203.13 	(1) payments for basic care, difficulty of care, and clothing allowances received for 
203.14 	providing family foster care to children or adults under Minnesota Rules, parts 9555.5050 
203.15 	to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care 
203.16 	for children under section 260C.4411 or chapter 256N, and payments received and used 
203.17 	for care and maintenance of a third-party beneficiary who is not a household member;
203.18 	(2) reimbursements for employment training received through the Workforce 
203.19 	Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
203.20 	(3) reimbursement for out-of-pocket expenses incurred while performing volunteer 
203.21 	services, jury duty, employment, or informal carpooling arrangements directly related to 
203.22 	employment;
203.23 	(4) all educational assistance, except the county agency must count graduate student 
203.24 	teaching assistantships, fellowships, and other similar paid work as earned income and, 
203.25 	after allowing deductions for any unmet and necessary educational expenses, shall 
203.26 	count scholarships or grants awarded to graduate students that do not require teaching 
203.27 	or research as unearned income;
203.28 	(5) loans, regardless of purpose, from public or private lending institutions, 
203.29 	governmental lending institutions, or governmental agencies;
203.30 	(6) loans from private individuals, regardless of purpose, provided an applicant or 
203.31 	participant documents that the lender expects repayment;
203.32 	(7)(i) state income tax refunds; and
203.33 	(ii) federal income tax refunds;
203.34 	(8)(i) federal earned income credits;
203.35 	(ii) Minnesota working family credits;
204.1 	(iii) state homeowners and renters credits under chapter 290A; and
204.2 	(iv) federal or state tax rebates;
204.3 	(9) funds received for reimbursement, replacement, or rebate of personal or real 
204.4 	property when these payments are made by public agencies, awarded by a court, solicited 
204.5 	through public appeal, or made as a grant by a federal agency, state or local government, 
204.6 	or disaster assistance organizations, subsequent to a presidential declaration of disaster;
204.7 	(10) the portion of an insurance settlement that is used to pay medical, funeral, and 
204.8 	burial expenses, or to repair or replace insured property;
204.9 	(11) reimbursements for medical expenses that cannot be paid by medical assistance;
204.10 	(12) payments by a vocational rehabilitation program administered by the state 
204.11 	under chapter 268A, except those payments that are for current living expenses;
204.12 	(13) in-kind income, including any payments directly made by a third party to a 
204.13 	provider of goods and services;
204.14 	(14) assistance payments to correct underpayments, but only for the month in which 
204.15 	the payment is received;
204.16 	(15) payments for short-term emergency needs under section 256J.626, subdivision 2;
204.17 	(16) funeral and cemetery payments as provided by section 256.935;
204.18 	(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in 
204.19 	a calendar month;
204.20 	(18) any form of energy assistance payment made through Public Law 97-35, 
204.21 	Low-Income Home Energy Assistance Act of 1981, payments made directly to energy 
204.22 	providers by other public and private agencies, and any form of credit or rebate payment 
204.23 	issued by energy providers;
204.24 	(19) Supplemental Security Income (SSI), including retroactive SSI payments and 
204.25 	other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
204.26 	(20) Minnesota supplemental aid, including retroactive payments;
204.27 	(21) proceeds from the sale of real or personal property;
204.28 	(22) state adoption or kinship assistance payments under chapter 256N or 259A, and 
204.29 	up to an equal amount of county adoption assistance payments Minnesota permanency 
204.30 	demonstration title IV-E waiver payments under section 256.01, subdivision 14a;
204.31 	(23) state-funded family subsidy program payments made under section 252.32 to 
204.32 	help families care for children with developmental disabilities, consumer support grant 
204.33 	funds under section 256.476, and resources and services for a disabled household member 
204.34 	under one of the home and community-based waiver services programs under chapter 256B;
204.35 	(24) interest payments and dividends from property that is not excluded from and 
204.36 	that does not exceed the asset limit;
205.1 	(25) rent rebates;
205.2 	(26) income earned by a minor caregiver, minor child through age 6, or a minor 
205.3 	child who is at least a half-time student in an approved elementary or secondary education 
205.4 	program;
205.5 	(27) income earned by a caregiver under age 20 who is at least a half-time student in 
205.6 	an approved elementary or secondary education program;
205.7 	(28) MFIP child care payments under section 119B.05;
205.8 	(29) all other payments made through MFIP to support a caregiver's pursuit of 
205.9 	greater economic stability;
205.10 	(30) income a participant receives related to shared living expenses;
205.11 	(31) reverse mortgages;
205.12 	(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title 
205.13 	42, chapter 13A, sections 1771 to 1790;
205.14 	(33) benefits provided by the women, infants, and children (WIC) nutrition program, 
205.15 	United States Code, title 42, chapter 13A, section 1786;
205.16 	(34) benefits from the National School Lunch Act, United States Code, title 42, 
205.17 	chapter 13, sections 1751 to 1769e;
205.18 	(35) relocation assistance for displaced persons under the Uniform Relocation 
205.19 	Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title 
205.20 	42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States 
205.21 	Code, title 12, chapter 13, sections 1701 to 1750jj;
205.22 	(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter 
205.23 	12, part 2, sections 2271 to 2322;
205.24 	(37) war reparations payments to Japanese Americans and Aleuts under United 
205.25 	States Code, title 50, sections 1989 to 1989d;
205.26 	(38) payments to veterans or their dependents as a result of legal settlements 
205.27 	regarding Agent Orange or other chemical exposure under Public Law 101-239, section 
205.28 	10405, paragraph (a)(2)(E);
205.29 	(39) income that is otherwise specifically excluded from MFIP consideration in 
205.30 	federal law, state law, or federal regulation;
205.31 	(40) security and utility deposit refunds;
205.32 	(41) American Indian tribal land settlements excluded under Public Laws 98-123, 
205.33 	98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech 
205.34 	Lake, and Mille Lacs reservations and payments to members of the White Earth Band, 
205.35 	under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
206.1 	(42) all income of the minor parent's parents and stepparents when determining the 
206.2 	grant for the minor parent in households that include a minor parent living with parents or 
206.3 	stepparents on MFIP with other children;
206.4 	(43) income of the minor parent's parents and stepparents equal to 200 percent of the 
206.5 	federal poverty guideline for a family size not including the minor parent and the minor 
206.6 	parent's child in households that include a minor parent living with parents or stepparents 
206.7 	not on MFIP when determining the grant for the minor parent. The remainder of income is 
206.8 	deemed as specified in section 256J.37, subdivision 1b;
206.9 	(44) payments made to children eligible for relative custody assistance under section 
206.10 	257.85;
206.11 	(45) vendor payments for goods and services made on behalf of a client unless the 
206.12 	client has the option of receiving the payment in cash;
206.13 	(46) the principal portion of a contract for deed payment;
206.14 	(47) cash payments to individuals enrolled for full-time service as a volunteer under 
206.15 	AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps 
206.16 	National, and AmeriCorps NCCC; and
206.17 	(48) housing assistance grants under section 256J.35, paragraph (a).

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

206.19 	Sec. 12. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is 
206.20 	amended to read:
206.21 		Subd. 3.Individuals who must be excluded from an assistance unit. (a) The 
206.22 	following individuals who are part of the assistance unit determined under subdivision 2 
206.23 	are ineligible to receive MFIP:
206.24 	(1) individuals who are recipients of Supplemental Security Income or Minnesota 
206.25 	supplemental aid;
206.26 	(2) individuals disqualified from the food stamp or food support program or MFIP, 
206.27 	until the disqualification ends;
206.28 	(3) children on whose behalf federal, state or local foster care payments are made, 
206.29 	except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
206.30 	(4) children receiving ongoing guardianship assistance payments under chapter 256N;
206.31 	(4) (5) children receiving ongoing monthly adoption assistance payments under 
206.32 	chapter 256N or 259A; and
206.33 	(5) (6) individuals disqualified from the work participation cash benefit program 
206.34 	until that disqualification ends.
207.1 	(b) The exclusion of a person under this subdivision does not alter the mandatory 
207.2 	assistance unit composition.

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

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

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

207.23 	Sec. 15. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
207.24 		Subd. 6.Recertification. (a) The county agency shall recertify eligibility in an 
207.25 	annual face-to-face interview with the participant. The county agency may waive the 
207.26 	face-to-face interview and conduct a phone interview for participants who qualify under 
207.27 	paragraph (b). The interview may be conducted by phone, Internet telepresence, or 
207.28 	face-to-face in the county office or in another location mutually agreed upon. During the 
207.29 	interview, the county agency shall verify the following:
207.30 	(1) presence of the minor child in the home, if questionable;
207.31 	(2) income, unless excluded, including self-employment expenses used as a 
207.32 	deduction or deposits or withdrawals from business accounts;
207.33 	(3) assets when the value is within $200 of the asset limit;
208.1 	(4) information to establish an exception under section 256J.24, subdivision 9, if 
208.2 	questionable;
208.3 	(5) inconsistent information, if related to eligibility; and
208.4 	(6) whether a single caregiver household meets requirements in section 256J.575, 
208.5 	subdivision 3.
208.6 	(b) A participant who is employed any number of hours must be given the option 
208.7 	of conducting a face-to-face or a phone interview or Internet telepresence to recertify 
208.8 	eligibility. The participant must be employed at the time the interview is scheduled. If 
208.9 	the participant loses the participant's job between the time the interview is scheduled and 
208.10 	when it is to be conducted, the phone interview may still be conducted.

208.11 	Sec. 16. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
208.12 		Subd. 8.Personal statement. (a) The county agency may accept a signed personal 
208.13 	statement from the applicant or participant explaining the reasons that the documentation 
208.14 	requested in subdivision 2 is unavailable as sufficient documentation at the time of 
208.15 	application, recertification, or change related to eligibility only for the following factors:
208.16 	(1) a claim of family violence if used as a basis to qualify for the family violence 
208.17 	waiver;
208.18 	(2) information needed to establish an exception under section 256J.24, subdivision 9;
208.19 	(3) relationship of a minor child to caregivers in the assistance unit;
208.20 	(4) citizenship status from a noncitizen who reports to be, or is identified as, a victim 
208.21 	of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's 
208.22 	immigration documents are being held by an individual or group of individuals against the 
208.23 	noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement 
208.24 	(ORR) to pursue certification. If verification that certification is being pursued is not 
208.25 	received within 30 days, the MFIP case must be closed and the agency shall pursue 
208.26 	overpayments. The ORR documents certifying the noncitizen's status as a victim of 
208.27 	severe forms of trafficking in persons, or the reason for the delay in processing, must be 
208.28 	received within 90 days, or the MFIP case must be closed and the agency shall pursue 
208.29 	overpayments; and
208.30 	(5) other documentation unavailable for reasons beyond the control of the applicant 
208.31 	or participant. Reasonable attempts must have been made to obtain the documents 
208.32 	requested under subdivision 2.
208.33 	(b) After meeting all requirements under section 256J.09, if a county agency 
208.34 	determines that an applicant is ineligible due to exceeding limits under sections 256J.20 
209.1 	and 256J.21, a county agency may accept a signed personal statement from the applicant 
209.2 	in lieu of documentation verifying ineligibility. 

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

209.9 	Sec. 18. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
209.10 		Subd. 13.Work activity. (a) "Work activity" means any activity in a participant's 
209.11 	approved employment plan that leads to employment. For purposes of the MFIP program, 
209.12 	this includes activities that meet the definition of work activity under the participation 
209.13 	requirements of TANF. Work activity includes:
209.14 	(1) unsubsidized employment, including work study and paid apprenticeships or 
209.15 	internships;
209.16 	(2) subsidized private sector or public sector employment, including grant diversion 
209.17 	as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid 
209.18 	work experience, and supported work when a wage subsidy is provided;
209.19 	(3) unpaid uncompensated work experience, including community service, volunteer 
209.20 	work, the community work experience program as specified in section 256J.67, unpaid 
209.21 	apprenticeships or internships, and supported work when a wage subsidy is not provided. 
209.22 	Unpaid Uncompensated work experience is only an option if the participant has been 
209.23 	unable to obtain or maintain paid employment in the competitive labor market, and 
209.24 	no paid work experience programs are available to the participant. Prior to placing a 
209.25 	participant in unpaid uncompensated work, the county must inform the participant that 
209.26 	the participant will be notified if a paid work experience or supported work position 
209.27 	becomes available. Unless a participant consents in writing to participate in unpaid
209.28 	 uncompensated work experience, the participant's employment plan may only include 
209.29 	unpaid uncompensated work experience if including the unpaid work experience in the 
209.30 	plan will meet the following criteria are met:
209.31 	(i) the unpaid uncompensated work experience will provide the participant specific 
209.32 	skills or experience that cannot be obtained through other work activity options where the 
209.33 	participant resides or is willing to reside; and
210.1 	(ii) the skills or experience gained through the unpaid uncompensated work 
210.2 	experience will result in higher wages for the participant than the participant could earn 
210.3 	without the unpaid uncompensated work experience;
210.4 	(4) job search including job readiness assistance, job clubs, job placement, 
210.5 	job-related counseling, and job retention services;
210.6 	(5) job readiness education, including English as a second language (ESL) or 
210.7 	functional work literacy classes as limited by the provisions of section 256J.531, 
210.8 	subdivision 2, general educational development (GED) course work, high school 
210.9 	completion, and adult basic education as limited by the provisions of section 256J.531, 
210.10 	subdivision 1;
210.11 	(6) job skills training directly related to employment, including education and 
210.12 	training that can reasonably be expected to lead to employment, as limited by the 
210.13 	provisions of section 256J.53;
210.14 	(7) providing child care services to a participant who is working in a community 
210.15 	service program;
210.16 	(8) activities included in the employment plan that is developed under section 
210.17 	256J.521, subdivision 3; and
210.18 	(9) preemployment activities including chemical and mental health assessments, 
210.19 	treatment, and services; learning disabilities services; child protective services; family 
210.20 	stabilization services; or other programs designed to enhance employability.
210.21 	(b) "Work activity" does not include activities done for political purposes as defined 
210.22 	in section 211B.01, subdivision 6.

210.23 	Sec. 19. Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read:
210.24 		Subdivision 1.Assessments. (a) For purposes of MFIP employment services, 
210.25 	assessment is a continuing process of gathering information related to employability 
210.26 	for the purpose of identifying both participant's strengths and strategies for coping with 
210.27 	issues that interfere with employment. The job counselor must use information from the 
210.28 	assessment process to develop and update the employment plan under subdivision 2 or 
210.29 	3, as appropriate, to determine whether the participant qualifies for a family violence 
210.30 	waiver including an employment plan under subdivision 3, and to determine whether the 
210.31 	participant should be referred to family stabilization services under section 256J.575.
210.32 	(b) The scope of assessment must cover at least the following areas:
210.33 	(1) basic information about the participant's ability to obtain and retain employment, 
210.34 	including: a review of the participant's education level; interests, skills, and abilities; prior 
211.1 	employment or work experience; transferable work skills; child care and transportation 
211.2 	needs;
211.3 	(2) identification of personal and family circumstances that impact the participant's 
211.4 	ability to obtain and retain employment, including: any special needs of the children, the 
211.5 	level of English proficiency, family violence issues, and any involvement with social 
211.6 	services or the legal system;
211.7 	(3) the results of a mental and chemical health screening tool designed by the 
211.8 	commissioner and results of the brief screening tool for special learning needs. Screening 
211.9 	tools for mental and chemical health and special learning needs must be approved by the 
211.10 	commissioner and may only be administered by job counselors or county staff trained in 
211.11 	using such screening tools. The commissioner shall work with county agencies to develop 
211.12 	protocols for referrals and follow-up actions after screens are administered to participants, 
211.13 	including guidance on how employment plans may be modified based upon outcomes 
211.14 	of certain screens. Participants must be told of the purpose of the screens and how the 
211.15 	information will be used to assist the participant in identifying and overcoming barriers to 
211.16 	employment. Screening for mental and chemical health and special learning needs must 
211.17 	be completed by participants who are unable to find suitable employment after six weeks 
211.18 	of job search under subdivision 2, paragraph (b), and participants who are determined 
211.19 	to have barriers to employment under subdivision 2, paragraph (d) three months after 
211.20 	development of the initial employment plan or earlier if there is a documented need. 
211.21 	Failure to complete the screens will result in sanction under section 256J.46; and
211.22 	(4) a comprehensive review of participation and progress for participants who have 
211.23 	received MFIP assistance and have not worked in unsubsidized employment during the 
211.24 	past 12 months. The purpose of the review is to determine the need for additional services 
211.25 	and supports, including placement in subsidized employment or unpaid work experience 
211.26 	under section 256J.49, subdivision 13, or referral to family stabilization services under 
211.27 	section 256J.575.
211.28 	(c) Information gathered during a caregiver's participation in the diversionary work 
211.29 	program under section 256J.95 must be incorporated into the assessment process.
211.30 	(d) The job counselor may require the participant to complete a professional chemical 
211.31 	use assessment to be performed according to the rules adopted under section 254A.03, 
211.32 	subdivision 3, including provisions in the administrative rules which recognize the cultural 
211.33 	background of the participant, or a professional psychological assessment as a component 
211.34 	of the assessment process, when the job counselor has a reasonable belief, based on 
211.35 	objective evidence, that a participant's ability to obtain and retain suitable employment 
211.36 	is impaired by a medical condition. The job counselor may assist the participant with 
212.1 	arranging services, including child care assistance and transportation, necessary to meet 
212.2 	needs identified by the assessment. Data gathered as part of a professional assessment 
212.3 	must be classified and disclosed according to the provisions in section 13.46.

212.4 	Sec. 20. Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read:
212.5 		Subd. 2.Employment plan; contents. (a) Based on the assessment under 
212.6 	subdivision 1, the job counselor and the participant must develop an employment plan 
212.7 	that includes participation in activities and hours that meet the requirements of section 
212.8 	256J.55, subdivision 1. The purpose of the employment plan is to identify for each 
212.9 	participant the most direct path to unsubsidized employment and any subsequent steps that 
212.10 	support long-term economic stability. The employment plan should be developed using 
212.11 	the highest level of activity appropriate for the participant. Activities must be chosen from 
212.12 	clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of 
212.13 	preference for activities, priority must be given for activities related to a family violence 
212.14 	waiver when developing the employment plan. The employment plan must also list the 
212.15 	specific steps the participant will take to obtain employment, including steps necessary 
212.16 	for the participant to progress from one level of activity to another, and a timetable for 
212.17 	completion of each step. Levels of activity include:
212.18 	(1) unsubsidized employment;
212.19 	(2) job search;
212.20 	(3) subsidized employment or unpaid work experience;
212.21 	(4) unsubsidized employment and job readiness education or job skills training;
212.22 	(5) unsubsidized employment or unpaid work experience and activities related to 
212.23 	a family violence waiver or preemployment needs; and
212.24 	(6) activities related to a family violence waiver or preemployment needs.
212.25 	(b) Participants who are determined to possess sufficient skills such that the 
212.26 	participant is likely to succeed in obtaining unsubsidized employment must job search at 
212.27 	least 30 hours per week for up to six weeks three months and accept any offer of suitable 
212.28 	employment. The remaining hours necessary to meet the requirements of section 256J.55, 
212.29 	subdivision 1, may be met through participation in other work activities under section 
212.30 	256J.49, subdivision 13. The participant's employment plan must specify, at a minimum: 
212.31 	(1) whether the job search is supervised or unsupervised on site or self-directed; (2) 
212.32 	support services that will be provided; and (3) how frequently the participant must report 
212.33 	to the job counselor. Participants who are unable to find suitable employment after six 
212.34 	weeksthree months must meet with the job counselor to determine whether other activities 
213.1 	in paragraph (a) should be incorporated into the employment plan. Job search activities 
213.2 	which are continued after six weeks three months must be structured and supervised.
213.3 	(c) Participants who are determined to have barriers to obtaining or maintaining 
213.4 	suitable employment that will not be overcome during six weeks three months of job 
213.5 	search under paragraph (b) must work with the job counselor to develop an employment 
213.6 	plan that addresses those barriers by incorporating appropriate activities from paragraph 
213.7 	(a), clauses (1) to (6). The employment plan must include enough hours to meet the 
213.8 	participation requirements in section 256J.55, subdivision 1, unless a compelling reason to 
213.9 	require fewer hours is noted in the participant's file.
213.10 	(d) The job counselor and the participant must sign the employment plan to indicate 
213.11 	agreement on the contents.
213.12 	(e) Except as provided under paragraph (f), failure to develop or comply with 
213.13 	activities in the plan, or voluntarily quitting suitable employment without good cause, will 
213.14 	result in the imposition of a sanction under section 256J.46.
213.15 	(f) When a participant fails to meet the agreed-upon hours of participation in paid 
213.16 	employment because the participant is not eligible for holiday pay and the participant's 
213.17 	place of employment is closed for a holiday, the job counselor shall not impose a sanction 
213.18 	or increase the hours of participation in any other activity, including paid employment, to 
213.19 	offset the hours that were missed due to the holiday.
213.20 	(g) Employment plans must be reviewed at least every three months to determine 
213.21 	whether activities and hourly requirements should be revised. The job counselor is 
213.22 	encouraged to allow participants who are participating in at least 20 hours of work 
213.23 	activities to also participate in education and training activities in order to meet the federal 
213.24 	hourly participation rates.

213.25 	Sec. 21. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
213.26 		Subd. 2.Approval of postsecondary education or training. (a) In order for a 
213.27 	postsecondary education or training program to be an approved activity in an employment 
213.28 	plan, the plan must include additional work activities if the education and training 
213.29 	activities do not meet the minimum hours required to meet the federal work participation 
213.30 	rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
213.31 	(b) Participants seeking approval of a postsecondary education or training plan must 
213.32 	provide documentation work with the job counselor to document that:
213.33 	(1) the employment goal can only be met with the additional education or training;
213.34 	(2) there are suitable employment opportunities that require the specific education or 
213.35 	training in the area in which the participant resides or is willing to reside;
214.1 	(3) the education or training will result in significantly higher wages for the 
214.2 	participant than the participant could earn without the education or training;
214.3 	(4) the participant can meet the requirements for admission into the program; and
214.4 	(5) there is a reasonable expectation that the participant will complete the training 
214.5 	program based on such factors as the participant's MFIP assessment, previous education, 
214.6 	training, and work history; current motivation; and changes in previous circumstances.

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

214.16 	Sec. 23. Minnesota Statutes 2013 Supplement, section 256J.621, subdivision 1, 
214.17 	is amended to read:
214.18 		Subdivision 1.Program characteristics. (a) Effective October 1, 2009, upon 
214.19 	exiting the diversionary work program (DWP) or upon terminating Within 30 days of 
214.20 	exiting the Minnesota family investment program with earnings, a participant who is 
214.21 	employed may be eligible the county must assess eligibility for work participation cash 
214.22 	benefits of $25 per month to assist in meeting the family's basic needs as the participant 
214.23 	continues to move toward self-sufficiency. Payment begins effective the first of the month 
214.24 	following exit or termination for MFIP and DWP participants.
214.25 	(b) To be eligible for work participation cash benefits, the participant shall not 
214.26 	receive MFIP or diversionary work program assistance during the month and the 
214.27 	participant or participants must meet the following work requirements:
214.28 	(1) if the participant is a single caregiver and has a child under six years of age, the 
214.29 	participant must be employed at least 87 hours per month;
214.30 	(2) if the participant is a single caregiver and does not have a child under six years of 
214.31 	age, the participant must be employed at least 130 hours per month; or
214.32 	(3) if the household is a two-parent family, at least one of the parents must be 
214.33 	employed 130 hours per month.
215.1 	Whenever a participant exits the diversionary work program or is terminated from 
215.2 	MFIP and meets the other criteria in this section, work participation cash benefits are 
215.3 	available for up to 24 consecutive months.
215.4 	(c) Expenditures on the program are maintenance of effort state funds under 
215.5 	a separate state program for participants under paragraph (b), clauses (1) and (2). 
215.6 	Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort 
215.7 	funds. Months in which a participant receives work participation cash benefits under this 
215.8 	section do not count toward the participant's MFIP 60-month time limit.

215.9 	Sec. 24. Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read:
215.10 		Subd. 5.Innovation projects. Beginning January 1, 2005, no more than $3,000,000 
215.11 	of the funds annually appropriated to the commissioner for use in the consolidated fund 
215.12 	shall be available to the commissioner for projects testingto reward high-performing 
215.13 	counties and tribes, support promising practices, and test innovative approaches to 
215.14 	improving outcomes for MFIP participants, family stabilization services participants, and 
215.15 	persons at risk of receiving MFIP as detailed in subdivision 3. Projects shallProject 
215.16 	funds may be targeted to geographic areas with poor outcomes as specified in section 
215.17 	256J.751, subdivision 5, or to subgroups within the MFIP case load who are experiencing 
215.18 	poor outcomes.

215.19 	Sec. 25. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 6, 
215.20 	is amended to read:
215.21 		Subd. 6.Base allocation to counties and tribes; definitions. (a) For purposes of 
215.22 	this section, the following terms have the meanings given.
215.23 	(1) "2002 historic spending base" means the commissioner's determination of 
215.24 	the sum of the reimbursement related to fiscal year 2002 of county or tribal agency 
215.25 	expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings 
215.26 	related to calendar year 2002 in the base program listed in clause (6), item (v), and the 
215.27 	amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi), 
215.28 	issued to or on behalf of persons residing in the county or tribal service delivery area.
215.29 	(2) "Adjusted caseload factor" means a factor weighted:
215.30 	(i) 47 percent on the MFIP cases in each county at four points in time in the most 
215.31 	recent 12-month period for which data is available multiplied by the county's caseload 
215.32 	difficulty factor; and
216.1 	(ii) 53 percent on the count of adults on MFIP in each county and tribe at four points 
216.2 	in time in the most recent 12-month period for which data is available multiplied by the 
216.3 	county or tribe's caseload difficulty factor.
216.4 	(3) "Caseload difficulty factor" means a factor determined by the commissioner for 
216.5 	each county and tribe based upon the self-support index described in section 256J.751, 
216.6 	subdivision 2, clause (6).
216.7 	(4) "Initial allocation" means the amount potentially available to each county or tribe 
216.8 	based on the formula in paragraphs (b) through (d).
216.9 	(5) "Final allocation" means the amount available to each county or tribe based on 
216.10 	the formula in paragraphs (b) through (d), after adjustment by subdivision 7.
216.11 	(6) "Base programs" means the:
216.12 	(i) MFIP employment and training services under Minnesota Statutes 2002, section 
216.13 	256J.62, subdivision 1, in effect June 30, 2002;
216.14 	(ii) bilingual employment and training services to refugees under Minnesota Statutes 
216.15 	2002, section 256J.62, subdivision 6, in effect June 30, 2002;
216.16 	(iii) work literacy language programs under Minnesota Statutes 2002, section 
216.17 	256J.62, subdivision 7, in effect June 30, 2002;
216.18 	(iv) supported work program authorized in Laws 2001, First Special Session chapter 
216.19 	9, article 17, section 2, in effect June 30, 2002;
216.20 	(v) administrative aid program under section 256J.76 in effect December 31, 2002; 
216.21 	and
216.22 	(vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48, 
216.23 	in effect June 30, 2002.
216.24 	(b) The commissioner shall determine for calendar year 2008 and subsequent years 
216.25 	the initial allocation of funds to be made available under this section based 50 percent on 
216.26 	the proportion of the county or tribe's share of the statewide 2002 historic spending base and 
216.27 	50 percent on the proportion of the county or tribe's share of the adjusted caseload factor.
216.28 	(c) With the commencement of a new or expanded tribal TANF program, or for 
216.29 	tribes administering TANF as authorized under Laws 2011, First Special Session chapter 
216.30 	9, article 9, section 18,  or an agreement under section 256.01, subdivision 2, paragraph 
216.31 	(g), in which some or all of the responsibilities of particular counties under this section are 
216.32 	transferred to a tribe, the commissioner shall:
216.33 	(1) in the case where all responsibilities under this section are transferred to a 
216.34 	tribe or tribal program, determine the percentage of the county's current caseload that is 
216.35 	transferring to a tribal program and adjust the affected county's allocation and tribe's 
216.36 	allocations accordingly; and
217.1 	(2) in the case where a portion of the responsibilities under this section are 
217.2 	transferred to a tribe or tribal program, the commissioner shall consult with the affected 
217.3 	county or counties to determine an appropriate adjustment to the allocation.
217.4 	(d) Effective January 1, 2005, counties and tribes will have their final allocations 
217.5 	adjusted based on the performance provisions of subdivision 7.

217.6 	Sec. 26. Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read:
217.7 		Subd. 8.Reporting requirement and reimbursement. (a) The commissioner shall 
217.8 	specify requirements for reporting according to section 256.01, subdivision 2, clause (17). 
217.9 	Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its 
217.10 	allocation and subject to availability of funds.
217.11 	(b) Reimbursements for county administrative-related expenditures determined 
217.12 	through the income maintenance random moment time study shall be reimbursed at a 
217.13 	rate of 50 percent of eligible expenditures.
217.14 	(c) The commissioner of human services shall review county and tribal agency 
217.15 	expenditures of the MFIP consolidated fund as appropriate and may reallocate 
217.16 	unencumbered or unexpended money appropriated under this section to those county and 
217.17 	tribal agencies that can demonstrate a need for additional money as follows:.
217.18 	(1) to the extent that particular county or tribal allocations are reduced from the 
217.19 	previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4) 
217.20 	to (6), those tribes or counties would have first priority for reallocated funds; and
217.21 	(2) To the extent that unexpended funds are insufficient to cover demonstrated need, 
217.22 	funds will must be prorated to those counties and tribes in relation to demonstrated need.

217.23 	Sec. 27. Minnesota Statutes 2012, section 256J.67, is amended to read:
217.24 	256J.67 COMMUNITY WORK EXPERIENCE.
217.25 		Subdivision 1.Establishing the community work experience program. To the 
217.26 	extent of available resources, each county agency may establish and operate a community 
217.27 	work experience component for MFIP caregivers who are participating in employment and 
217.28 	training services. This option for county agencies supersedes the requirement in section 
217.29 	402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance 
217.30 	for two months and who are not exempt from work requirements must participate in a 
217.31 	work experience program. The purpose of the community work experience component is 
217.32 	to enhance the caregiver's employability and self-sufficiency and to provide meaningful, 
217.33 	productive work activities. The county shall use this program for an individual after 
217.34 	exhausting all other employment opportunities. The county agency shall not require a 
218.1 	caregiver to participate in the community work experience program unless the caregiver 
218.2 	has been given an opportunity to participate in other work activities.
218.3 		Subd. 2.Commissioner's duties. The commissioner shall assist counties in the 
218.4 	design and implementation of these components.
218.5 		Subd. 3.Employment options. (a) Work sites developed under this section are 
218.6 	limited to projects that serve a useful public service such as: health, social service, 
218.7 	environmental protection, education, urban and rural development and redevelopment, 
218.8 	welfare, recreation, public facilities, public safety, community service, services to aged 
218.9 	or disabled citizens, and child care. To the extent possible, the prior training, skills, and 
218.10 	experience of a caregiver must be considered in making appropriate work experience 
218.11 	assignments.
218.12 	(b) Structured, supervised volunteer uncompensated work with an agency or 
218.13 	organization, which is monitored by the county service provider, may, with the approval 
218.14 	of the county agency, be used as a community work experience placement.
218.15 	(c) As a condition of placing a caregiver in a program under this section, the county 
218.16 	agency shall first provide the caregiver the opportunity:
218.17 	(1) for placement in suitable subsidized or unsubsidized employment through 
218.18 	participation in a job search; or
218.19 	(2) for placement in suitable employment through participation in on-the-job 
218.20 	training, if such employment is available.
218.21 		Subd. 4.Employment plan. (a) The caretaker's employment plan must include 
218.22 	the length of time needed in the community work experience program, the need to 
218.23 	continue job-seeking activities while participating in community work experience, and 
218.24 	the caregiver's employment goals.
218.25 	(b) After each six months of a caregiver's participation in a community work 
218.26 	experience job placement, and at the conclusion of each community work experience 
218.27 	assignment under this section, the county agency shall reassess and revise, as appropriate, 
218.28 	the caregiver's employment plan.
218.29 	(c) A caregiver may claim good cause under section 256J.57, subdivision 1, for 
218.30 	failure to cooperate with a community work experience job placement.
218.31 	(d) The county agency shall limit the maximum number of hours any participant may 
218.32 	work under this section to the amount of the MFIP standard of need divided by the federal 
218.33 	or applicable state minimum wage, whichever is higher. After a participant has been 
218.34 	assigned to a position for nine months, the participant may not continue in that assignment 
218.35 	unless the maximum number of hours a participant works is no greater than the amount of 
218.36 	the MFIP standard of need divided by the rate of pay for individuals employed in the same 
219.1 	or similar occupations by the same employer at the same site. This limit does not apply if 
219.2 	it would prevent a participant from counting toward the federal work participation rate.

219.3 	Sec. 28. Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read:
219.4 		Subdivision 1.Applicability. (a) This section must be used to determine payment 
219.5 	of any claims resulting from an alleged injury or death of a person participating in a 
219.6 	county or a tribal community uncompensated work experience program under section 
219.7 	256J.49, subdivision 13, paragraph (a), clause (3), that is approved by the commissioner 
219.8 	and is operated by:
219.9 	(1) the county agency;
219.10 	(2) the tribe;
219.11 	(3) a department of the state agency; or
219.12 	(4) a community-based organization under contract, prior to April 1, 1997, with 
219.13 	a tribe or county agency to provide a community an uncompensated work experience 
219.14 	program or a food stamp community work experience employment and training program, 
219.15 	provided the organization has not experienced any individual injury loss or claim greater 
219.16 	than $1,000 under section 256D.051.
219.17 	(b) This determination method is available to the community-based organization 
219.18 	under paragraph (a), clause (4), only for claims incurred by participants in the community 
219.19 	work experience program or the food stamp community work experience program.
219.20 	(c) (b) This determination method section applies to the community work experience 
219.21 	program under section 256J.67, the Supplemental Nutrition Assistance Program 
219.22 	uncompensated work experience programs authorized, and other uncompensated work 
219.23 	programs approved by the commissioner for persons applying for or receiving cash 
219.24 	assistance and food stamps, and to the Minnesota parent's fair share program, in a 
219.25 	county with an approved community investment program for obligors. Uncompensated 
219.26 	work experience programs are considered to be approved by the commissioner if they 
219.27 	are included in an approved tribal or county biennial service agreement under section 
219.28 	256J.626, subdivision 4.

219.29 	Sec. 29. Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read:
219.30 		Subd. 2.Investigation of the claim. Claims that are subject to this section 
219.31 	must be investigated by the county agency or the tribal program tribe responsible for 
219.32 	supervising the placing a participant in an uncompensated work experience program to 
219.33 	determine whether the claimed injury occurred, whether the claimed medical expenses 
219.34 	are reasonable, and whether the loss is covered by the claimant's insurance. If insurance 
220.1 	coverage is established, the county agency or tribal program tribe shall submit the claim to 
220.2 	the appropriate insurance entity for payment. The investigating county agency or tribal 
220.3 	program tribe shall submit all valid remaining claims, in the amount net of any insurance 
220.4 	payments, to the Department of Human Services.

220.5 	Sec. 30. Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read:
220.6 		Subd. 4.Claims less than $1,000. The commissioner shall approve a claim of 
220.7 	$1,000 or less for payment if appropriated funds are available, if the county agency 
220.8 	or tribal program tribe responsible for supervising the placing a participant in an 
220.9 	uncompensated work experience program has made the determinations required by this 
220.10 	section, and if the work program was operated in compliance with the safety provisions 
220.11 	of this section. The commissioner shall pay the portion of an approved claim of $1,000 
220.12 	or less that is not covered by the claimant's insurance within three months of the date 
220.13 	of submission. On or before February 1 of each year, the commissioner shall submit 
220.14 	to the appropriate committees of the senate and the house of representatives a list of 
220.15 	claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed 
220.16 	by legislative appropriation for any claims that exceed the original appropriation 
220.17 	provided to the commissioner to operate this program the injury protection program for 
220.18 	uncompensated work experience participants. Any unspent money from this appropriation 
220.19 	shall carry over to the second year of the biennium, and any unspent money remaining at 
220.20 	the end of the second year shall be returned to the state general fund.

220.21 	Sec. 31. Minnesota Statutes 2012, section 256J.68, subdivision 7, is amended to read:
220.22 		Subd. 7.Exclusive procedure. The procedure procedures established by this 
220.23 	section is apply to uncompensated work experience programs under subdivision 1 and are
220.24 	 exclusive of all other legal, equitable, and statutory remedies against the state, its political 
220.25 	subdivisions, or employees of the state or its political subdivisions under section 13.02, 
220.26 	subdivision 11. The claimant shall not be entitled to seek damages from any state, county, 
220.27 	tribal, or reservation insurance policy or self-insurance program. A provider who accepts 
220.28 	or agrees to accept an injury protection program payment for services provided to an 
220.29 	individual must not require any payment from the individual.

220.30 	Sec. 32. Minnesota Statutes 2012, section 256J.68, subdivision 8, is amended to read:
220.31 		Subd. 8.Invalid claims. A claim is not valid invalid for purposes of this section 
220.32 	if the county agency or tribe responsible for supervising the work placing a participant
220.33 	 cannot verify to the commissioner:
221.1 	(1) that appropriate safety training and information is provided to all persons being 
221.2 	supervised by the agency uncompensated work experience site under this section; and
221.3 	(2) that all programs involving work by those persons under subdivision 1 comply 
221.4 	with federal Occupational Safety and Health Administration and state Department of 
221.5 	Labor and Industry safety standards. A claim that is not valid because of An invalid claim 
221.6 	due to a failure to verify safety training or compliance with safety standards will not be 
221.7 	paid by the Department of Human Services or through the legislative claims process and 
221.8 	must be heard, decided, and paid, if appropriate, by the local government unit county 
221.9 	agency or tribal program tribe responsible for supervising the work of placing the claimant.

221.10 	Sec. 33. Minnesota Statutes 2012, section 256J.751, subdivision 2, is amended to read:
221.11 		Subd. 2.Quarterly comparison report. (a) The commissioner shall report 
221.12 	quarterly to all counties on each county's performance on the following measures:
221.13 	(1) percent of MFIP caseload working in paid employment;
221.14 	(2) percent of MFIP caseload receiving only the food portion of assistance;
221.15 	(3) number of MFIP cases that have left assistance;
221.16 	(4) median placement wage rate;
221.17 	(5) caseload by months of TANF assistance;
221.18 	(6) percent of MFIP and diversionary work program (DWP) cases off cash assistance 
221.19 	or working 30 or more hours per week at one-year, two-year, and three-year follow-up 
221.20 	points from a baseline quarter. This measure is called the self-support index. The 
221.21 	commissioner shall report quarterly an expected range of performance for each county, 
221.22 	county grouping, and tribe on the self-support index. The expected range shall be derived 
221.23 	by a statistical methodology developed by the commissioner in consultation with the 
221.24 	counties and tribes. The statistical methodology shall control differences across counties 
221.25 	in economic conditions and demographics of the MFIP and DWP case load; and
221.26 	(7) the TANF work participation rate, defined as the participation requirements 
221.27 	specified under Public Law 109-171, the Deficit Reduction Act of 2005.
221.28 	(b) The commissioner shall not apply the limits on vocational educational training and 
221.29 	education activities under Code of Federal Regulations, title 45, section 261.33(c), when 
221.30 	determining TANF work participation rates for individual counties under this subdivision.

221.31 	Sec. 34. Minnesota Statutes 2012, section 256K.26, subdivision 4, is amended to read:
221.32 		Subd. 4.County Eligibility. Counties and tribes are eligible for funding under 
221.33 	this section. Priority will be given to proposals submitted on behalf of multicounty and 
221.34 	tribal partnerships.

222.1 	Sec. 35. [260D.12] TRIAL HOME VISITS; VOLUNTARY FOSTER CARE FOR 
222.2 	TREATMENT.
222.3 	When a child is in foster care for treatment under this chapter, the child's parent 
222.4 	and the responsible social services agency may agree that the child is returned to the 
222.5 	care of the parent on a trial home visit. The purpose of the trial home visit is to provide 
222.6 	sufficient planning for supports and services to the child and family to meet the child's 
222.7 	needs following treatment so that the child can return to and remain in the parent's home. 
222.8 	During the period of the trial home visit, the agency has placement and care responsibility 
222.9 	for the child. The trial home visit shall not exceed six months and may be terminated by 
222.10 	either the parent or the agency within ten days' written notice.

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

222.12 	Sec. 36. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 7, is 
222.13 	amended to read:
222.14 		Subd. 7.Report; information provided to parent. (a) An oral report shall be made 
222.15 	immediately by telephone or otherwise. An oral report made by a person required under 
222.16 	subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and 
222.17 	holidays, by a report in writing to the appropriate police department, the county sheriff, the 
222.18 	agency responsible for assessing or investigating the report, or the local welfare agency, 
222.19 	unless the appropriate agency has informed the reporter that the oral information does not 
222.20 	constitute a report under subdivision 10. The local welfare agency shall determine if the 
222.21 	report is accepted for an assessment or investigation as soon as possible but in no event 
222.22 	longer than 24 hours after the report is received. 
222.23 	(b) Any report shall be of sufficient content to identify the child, any person believed 
222.24 	to be responsible for the abuse or neglect of the child if the person is known, the nature 
222.25 	and extent of the abuse or neglect and the name and address of the reporter. If requested, 
222.26 	the local welfare agency or the agency responsible for assessing or investigating the report 
222.27 	shall inform the reporter within ten days after the report is made, either orally or in writing, 
222.28 	whether the report was accepted for assessment or investigation. The local welfare agency 
222.29 	or agency responsible for assessing or investigating the report shall accept a report made 
222.30 	under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or 
222.31 	address as long as the report is otherwise sufficient under this paragraph. Written reports 
222.32 	received by a police department or the county sheriff shall be forwarded immediately to 
222.33 	the local welfare agency or the agency responsible for assessing or investigating the 
222.34 	report. The police department or the county sheriff may keep copies of reports received 
222.35 	by them. Copies of written reports received by a local welfare department or the agency 
223.1 	responsible for assessing or investigating the report shall be forwarded immediately to the 
223.2 	local police department or the county sheriff.
223.3 	(c) When requested, the agency responsible for assessing or investigating a report 
223.4 	shall inform the reporter within ten days after the report was made, either orally or in 
223.5 	writing, whether the report was accepted or not. If the responsible agency determines the 
223.6 	report does not constitute a report under this section, the agency shall advise the reporter 
223.7 	the report was screened out. A screened-out report must not be used for any purpose other 
223.8 	than making an offer of social services to the subjects of the screened-out report.
223.9 	(b) (d) Notwithstanding paragraph (a), the commissioner of education must inform 
223.10 	the parent, guardian, or legal custodian of the child who is the subject of a report of 
223.11 	alleged maltreatment in a school facility within ten days of receiving the report, either 
223.12 	orally or in writing, whether the commissioner is assessing or investigating the report 
223.13 	of alleged maltreatment.
223.14 	(c) (e) Regardless of whether a report is made under this subdivision, as soon as 
223.15 	practicable after a school receives information regarding an incident that may constitute 
223.16 	maltreatment of a child in a school facility, the school shall inform the parent, legal 
223.17 	guardian, or custodian of the child that an incident has occurred that may constitute 
223.18 	maltreatment of the child, when the incident occurred, and the nature of the conduct 
223.19 	that may constitute maltreatment.
223.20 	(d) (f) A written copy of a report maintained by personnel of agencies, other than 
223.21 	welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. 
223.22 	An individual subject of the report may obtain access to the original report as provided 
223.23 	by subdivision 11.

223.24 	Sec. 37. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
223.25 		Subd. 11c.Welfare, court services agency, and school records maintained.
 223.26 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
223.27 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
223.28 	investigating the report, court services agencies, or schools under this section shall be 
223.29 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
223.30 	(a) For family assessment cases and cases where an investigation results in no 
223.31 	determination of maltreatment or the need for child protective services, the assessment or 
223.32 	investigation records must be maintained for a period of four years after the date of the final 
223.33 	entry in the case record. Records under this paragraph may not be used for employment, 
223.34 	background checks, or purposes other than to assist in future risk and safety assessments.
224.1 	(b) All records relating to reports which, upon investigation, indicate either 
224.2 	maltreatment or a need for child protective services shall be maintained for at least ten 
224.3 	years after the date of the final entry in the case record.
224.4 	(c) All records regarding a report of maltreatment, including any notification of intent 
224.5 	to interview which was received by a school under subdivision 10, paragraph (d), shall be 
224.6 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
224.7 	investigation. The agency shall order the destruction of the notification when other records 
224.8 	relating to the report under investigation or assessment are destroyed under this subdivision.
224.9 	(d) Private or confidential data released to a court services agency under subdivision 
224.10 	10h must be destroyed by the court services agency when ordered to do so by the local 
224.11 	welfare agency that released the data. The local welfare agency or agency responsible for 
224.12 	assessing or investigating the report shall order destruction of the data when other records 
224.13 	relating to the assessment or investigation are destroyed under this subdivision.

224.14 	Sec. 38. Minnesota Statutes 2012, section 626.5561, subdivision 1, is amended to read:
224.15 		Subdivision 1.Reports required. (a) Except as provided in paragraph (b), a person 
224.16 	mandated to report under section 626.556, subdivision 3, shall immediately report to the 
224.17 	local welfare agency if the person knows or has reason to believe that a woman is pregnant 
224.18 	and has used a controlled substance for a nonmedical purpose during the pregnancy, 
224.19 	including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages 
224.20 	during the pregnancy in any way that is habitual or excessive.
224.21 	(b) A health care professional or a social service professional who is mandated to 
224.22 	report under section 626.556, subdivision 3, is exempt from reporting under paragraph 
224.23 	(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages 
224.24 	during pregnancy if the professional is providing the woman with prenatal care or other 
224.25 	healthcare services.
224.26 	(c) Any person may make a voluntary report if the person knows or has reason to 
224.27 	believe that a woman is pregnant and has used a controlled substance for a nonmedical 
224.28 	purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or 
224.29 	has consumed alcoholic beverages during the pregnancy in any way that is habitual or 
224.30 	excessive.
224.31 	(d) An oral report shall be made immediately by telephone or otherwise. An oral 
224.32 	report made by a person required to report shall be followed within 72 hours, exclusive 
224.33 	of weekends and holidays, by a report in writing to the local welfare agency. Any report 
224.34 	shall be of sufficient content to identify the pregnant woman, the nature and extent of the 
224.35 	use, if known, and the name and address of the reporter. The local welfare agency shall 
225.1 	accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter 
225.2 	to provide the reporter's name or address as long as the report is otherwise sufficient.
225.3 	(d) (e) For purposes of this section, "prenatal care" means the comprehensive 
225.4 	package of medical and psychological support provided throughout the pregnancy.

225.5 	ARTICLE 12
225.6 	APPROPRIATIONS

225.7				APPROPRIATIONS
	
225.8				Available for the Year
	
225.9				Ending June 30
	
225.10					2014
		2015

225.11	Section 1. APPROPRIATIONS
 	$
		$

225.12	Board of Behavioral Health and Therapy
		-0-
		8,000
	
225.13 	This appropriation is from the state 
225.14 	government special revenue fund for board 
225.15 	member per diem payments and licensing 
225.16 	activity.

225.17	Board of Chiropractic Examiners
		-0-
		10,000
	
225.18 	This appropriation is from the state 
225.19 	government special revenue fund for board 
225.20 	member per diem payments.

225.21	Board of Dentistry
		-0-
		39,000
	
225.22 	This appropriation is from the state 
225.23 	government special revenue fund for board 
225.24 	member per diem payments.

225.25	Board of Dietetics and Nutrition Practice
		-0-
		1,000
	
225.26 	This appropriation is from the state 
225.27 	government special revenue fund for board 
225.28 	member per diem payments.

225.29	Board of Marriage and Family Therapy
		-0-
		4,000
	
225.30 	This appropriation is from the state 
225.31 	government special revenue fund for board 
226.1 	member per diem payments and licensing 
226.2 	activity.

226.3	Board of Medical Practice
		-0-
		38,000
	
226.4 	This appropriation is from the state 
226.5 	government special revenue fund for board 
226.6 	member per diem payments.

226.7	Board of Nursing
		-0-
		266,000
	
226.8 	This appropriation is from the state 
226.9 	government special revenue fund for board 
226.10 	member per diem payments and licensing 
226.11 	activity.

226.12	Board of Nursing Home Administrators
		-0-
		2,000
	
226.13 	This appropriation is from the state 
226.14 	government special revenue fund for board 
226.15 	member per diem payments.

226.16	Board of Optometry
		-0-
		1,000
	
226.17 	This appropriation is from the state 
226.18 	government special revenue fund for board 
226.19 	member per diem payments.

226.20	Board of Pharmacy
		-0-
		2,000
	
226.21 	This appropriation is from the state 
226.22 	government special revenue fund for board 
226.23 	member per diem payments.

226.24	Board of Physical Therapy
		-0-
		4,000
	
226.25 	This appropriation is from the state 
226.26 	government special revenue fund for board 
226.27 	member per diem payments.

226.28	Board of Podiatric Medicine
		-0-
		1,000
	
226.29 	This appropriation is from the state 
226.30 	government special revenue fund for board 
226.31 	member per diem payments.

226.32	Board of Psychology
		-0-
		15,000
	
227.1 	This appropriation is from the state 
227.2 	government special revenue fund for board 
227.3 	member per diem payments.

227.4	Board of Social Work
		-0-
		17,000
	
227.5 	This appropriation is from the state 
227.6 	government special revenue fund for board 
227.7 	member per diem payments and licensing 
227.8 	activity.

227.9	Board of Veterinary Medicine
		-0-
		2,000
	
227.10 	This appropriation is from the state 
227.11 	government special revenue fund for board 
227.12 	member per diem payments.

227.13 	Sec. 2. APPROPRIATION.
 227.14 	$210,000 in fiscal year 2015 is appropriated from the state government special 
227.15 	revenue fund to the Board of Pharmacy to implement changes to the prescription monitoring 
227.16 	program. The base for this appropriation is $171,000 in fiscal years 2016 and 2017.