HF 2402

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/09/2014 08:09 a.m.

1.1A bill for an act 1.2relating to health and human services; modifying health care, human services 1.3operations, and continuing care provisions; modifying bond requirements for 1.4medical suppliers; requiring the commissioner to seek federal authority to amend 1.5the state Medicaid plan; modifying the criteria for stroke centers; making changes 1.6to home care provider licensing and compliance monitoring; requiring dementia 1.7care training; modifying personal care assistance provisions; modifying child 1.8care and foster care licensing provisions; amending mental and chemical health 1.9provisions; clarifying common entry point related to reports of maltreatment of 1.10vulnerable adults; making changes to the local public health system; modifying 1.11the licensure requirements for chiropractors, athletic trainers, occupational 1.12therapists, licensed professional clinical counselors, podiatry; modifying the 1.13certification agencies for doula certification; providing an exception for eyeglass 1.14prescription expiration date; requiring employers to report diverted narcotics; 1.15regulating electronic cigarettes; exempting certain funeral establishments; 1.16exempting dental facilities from diagnostic imaging accreditation; requiring a 1.17patient notice with mammogram results; requiring pharmacy benefit mangers 1.18to provide maximum allowable cost pricing to pharmacies; prohibiting the use 1.19of tanning equipment for children under the age of 18; specifying the protocol 1.20for pharmacist administration of vaccines; requiring the commissioner of 1.21health to assess and report on the quality of care for ST elevation myocardial 1.22infarction; requiring AED devices to be registered with a registry; establishing 1.23a health care home advisory committee; authorizing the use of complementary 1.24and alternative health care practices; modifying provisions governing the 1.25Board of Dentistry; modifying provisions governing the Board of Pharmacy; 1.26providing penalties; changing grounds for disciplinary action by the Board of 1.27Nursing; making changes to the health professionals services program; adding 1.28substances to the schedule for controlled substances; authorizing rulemaking; 1.29changing fees; appropriating money;amending Minnesota Statutes 2012, 1.30sections 62J.497, subdivision 5; 144.413, subdivision 4; 144.4165; 144D.065; 1.31145A.02, subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 1.324, 5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2; 1.33145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions 1.341, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 146A.01, subdivision 6; 1.35148.01, subdivisions 1, 2, by adding a subdivision; 148.105, subdivision 1; 1.36148.261, subdivisions 1, 4, by adding a subdivision; 148.6402, subdivision 17; 1.37148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 1.38148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 1.39148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 148.995, 2.1subdivision 2; 148.996, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, 2.2by adding a subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 2.31c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivisions 3, 8, 16; 150A.10; 151.01; 151.06; 2.4151.211; 151.26; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, 2.5subdivisions 2, 3, 5; 152.126, as amended; 153.16, subdivisions 1, 2, 3, by adding 2.6subdivisions; 214.09, subdivision 3; 214.32, by adding a subdivision; 214.33, 2.7subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 245A.03, 2.8subdivision 6a; 253B.092, subdivision 2; 254B.01, by adding a subdivision; 2.9254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 2.1028; 256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016, 2.11subdivision 1; 256B.69, subdivision 16; 256D.01, subdivision 1e; 256G.02, 2.12subdivision 6; 256I.03, subdivision 3; 256I.04, subdivision 2a; 260C.157, 2.13subdivision 3; 260C.212, subdivision 2; 260C.215, subdivisions 4, 6, by adding 2.14a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 2.15461.19; 609.685; 609.6855; 626.556, subdivision 11c, by adding a subdivision; 2.16Minnesota Statutes 2013 Supplement, sections 103I.205, subdivision 4; 144.1225, 2.17subdivision 2; 144.493, subdivisions 1, 2; 144.494, subdivision 2; 144A.474, 2.18subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions; 144A.4799, 2.19subdivision 3; 145A.06, subdivision 7; 146A.11, subdivision 1; 151.252, by 2.20adding a subdivision; 152.02, subdivision 2; 245A.1435; 245A.50, subdivision 2.215; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21; 2.22256B.0625, subdivision 9; 256B.0659, subdivision 21; 256B.0922, subdivision 2.231; 256B.093, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85, 2.24subdivision 12; 256D.44, subdivision 5; 260.835, subdivision 2; 364.09; 626.557, 2.25subdivision 9; Laws 2011, First Special Session chapter 9, article 7, section 7; 2.26article 9, section 17; Laws 2013, chapter 108, article 7, section 60; proposing 2.27coding for new law in Minnesota Statutes, chapters 144; 144D; 145; 146A; 150A; 2.28151; 325H; 403; 611A; repealing Minnesota Statutes 2012, sections 145A.02, 2.29subdivision 2; 145A.03, subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 2.307; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 2.31148.01, subdivision 3; 148.7808, subdivision 2; 148.7813; 256.01, subdivision 2.3232; 325H.06; 325H.08; Minnesota Statutes 2013 Supplement, section 148.6440; 2.33Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 2.349500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 2.359505.5310; 9505.5315; 9505.5325; 9525.1580. 2.36BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.37ARTICLE 1 2.38HEALTH DEPARTMENT 2.39    Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read: 2.40    Subd. 5. Electronic drug prior authorization standardization and transmission. 2.41    (a) The commissioner of health, in consultation with the Minnesota e-Health Advisory 2.42Committee and the Minnesota Administrative Uniformity Committee, shall, by February 2.4315, 2010, identify an outline on how best to standardize drug prior authorization request 2.44transactions between providers and group purchasers with the goal of maximizing 2.45administrative simplification and efficiency in preparation for electronic transmissions. 2.46    (b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall 2.47develop the standard companion guide by which providers and group purchasers will 3.1exchange standard drug authorization requests using electronic data interchange standards, 3.2if available, with the goal of alignment with standards that are or will potentially be used 3.3nationally. 3.4(c) No later than January 1, 2015 new text begin 2016 new text end , drug prior authorization requests must be 3.5accessible and submitted by health care providers, and accepted by group purchasers, 3.6electronically through secure electronic transmissions. Facsimile shall not be considered 3.7electronic transmission. 3.8    Sec. 2. Minnesota Statutes 2013 Supplement, section 103I.205, subdivision 4, is 3.9amended to read: 3.10    Subd. 4. License required. (a) Except as provided in paragraph (b), (c), (d), or (e), 3.11section 103I.401, subdivision 2, or section 103I.601, subdivision 2, a person may not 3.12drill, construct, repair, or seal a well or boring unless the person has a well contractor's 3.13license in possession. 3.14(b) A person may construct, repair, and seal a monitoring well if the person: 3.15(1) is a professional engineer licensed under sections 326.02 to 326.15 in the 3.16branches of civil or geological engineering; 3.17(2) is a hydrologist or hydrogeologist certified by the American Institute of 3.18Hydrology; 3.19(3) is a professional geoscientist licensed under sections 326.02 to 326.15; 3.20(4) is a geologist certified by the American Institute of Professional Geologists; or 3.21(5) meets the qualifications established by the commissioner in rule. 3.22A person must register with the commissioner as a monitoring well contractor on 3.23forms provided by the commissioner. 3.24(c) A person may do the following work with a limited well/boring contractor's 3.25license in possession. A separate license is required for each of the six activities: 3.26(1) installing or repairing well screens or pitless units or pitless adaptors and well 3.27casings from the pitless adaptor or pitless unit to the upper termination of the well casing; 3.28(2) constructing, repairing, and sealing drive point wells or dug wells; 3.29(3) installing well pumps or pumping equipment; 3.30(4) sealing wells; 3.31(5) constructing, repairing, or sealing dewatering wells; or 3.32(6) constructing, repairing, or sealing bored geothermal heat exchangers. 3.33(d) A person may construct, repair, and seal an elevator boring with an elevator 3.34boring contractor's license. 4.1(e) Notwithstanding other provisions of this chapter requiring a license or 4.2registration, a license or registration is not required for a person who complies with the 4.3other provisions of this chapter if the person is: 4.4(1) an individual who constructs a well on land that is owned or leased by the 4.5individual and is used by the individual for farming or agricultural purposes or as the 4.6individual's place of abode; or 4.7(2) an individual who performs labor or services for a contractor licensed or 4.8registered under the provisions of this chapter in connection with the construction, sealing, 4.9or repair of a well or boring at the direction and under the personal supervision of a 4.10contractor licensed or registered under the provisions of this chapter new text begin ; or new text end 4.11 new text begin (3) a licensed plumber who is repairing submersible pumps or water pipes associated new text end 4.12 new text begin with well water systems if the repair location is within an area where there is no licensed new text end 4.13 new text begin or registered well contractor within 25 miles new text end . 4.14    Sec. 3. new text begin [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS. new text end 4.15     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "facility" has the meaning new text end 4.16 new text begin provided in United States Code, title 42, section 263b(a)(3)(A). new text end 4.17     new text begin Subd. 2. new text end new text begin Required notice. new text end new text begin A facility at which a mammography examination is new text end 4.18 new text begin performed shall, if a patient is categorized by the facility as having heterogeneously new text end 4.19 new text begin dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data new text end 4.20 new text begin System established by the American College of Radiology, include in the summary of the new text end 4.21 new text begin written report that is sent to the patient, as required by the federal Mammography Quality new text end 4.22 new text begin Standards Act, United States Code, title 42, section 263b, notice that the patient has dense new text end 4.23 new text begin breast tissue, that this may make it more difficult to detect cancer on a mammogram, and new text end 4.24 new text begin that it may increase her risk of breast cancer. The following language may be used: new text end 4.25 new text begin "Your mammogram shows that your breast tissue is dense. Dense breast tissue is new text end 4.26 new text begin relatively common and is found in more than 40 percent of women. However, dense new text end 4.27 new text begin breast tissue may make it more difficult to identify precancerous lesions or cancer through new text end 4.28 new text begin a mammogram and may also be associated with an increased risk of breast cancer. This new text end 4.29 new text begin information about the results of your mammogram is given to you to raise your own new text end 4.30 new text begin awareness and to help inform your conversations with your treating clinician who has new text end 4.31 new text begin received a report of your mammogram results. Together you can decide which screening new text end 4.32 new text begin options are right for you based on your mammogram results, individual risk factors, new text end 4.33 new text begin or physical examination." new text end 5.1    Sec. 4. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is 5.2amended to read: 5.3    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph 5.4 new text begin paragraphs new text end (b) new text begin and (c) new text end , advanced diagnostic imaging services eligible for reimbursement 5.5from any source, including, but not limited to, the individual receiving such services 5.6and any individual or group insurance contract, plan, or policy delivered in this state, 5.7including, but not limited to, private health insurance plans, workers' compensation 5.8insurance, motor vehicle insurance, the State Employee Group Insurance Program 5.9(SEGIP), and other state health care programs, shall be reimbursed only if the facility at 5.10which the service has been conducted and processed is licensed pursuant to sections 5.11144.50 to 144.56 or accredited by one of the following entities: 5.12(i) American College of Radiology (ACR); 5.13(ii) Intersocietal Accreditation Commission (IAC); 5.14(iii) the Joint Commission; or 5.15(iv) other relevant accreditation organization designated by the Secretary of the 5.16United States Department of Health and Human Services pursuant to United States Code, 5.17title 42, section 1395M. 5.18(2) All accreditation standards recognized under this section must include, but are 5.19not limited to: 5.20(i) provisions establishing qualifications of the physician; 5.21(ii) standards for quality control and routine performance monitoring by a medical 5.22physicist; 5.23(iii) qualifications of the technologist, including minimum standards of supervised 5.24clinical experience; 5.25(iv) guidelines for personnel and patient safety; and 5.26(v) standards for initial and ongoing quality control using clinical image review 5.27and quantitative testing. 5.28(b) Any facility that performs advanced diagnostic imaging services and is eligible 5.29to receive reimbursement for such services from any source in paragraph (a), clause (1), 5.30must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to 5.31paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic 5.32imaging services in the state must obtain licensure or accreditation prior to new text begin within new text end 5.33 new text begin six months of new text end commencing operations and must, at all times, maintain either licensure 5.34pursuant to sections 144.50 to 144.56 or accreditation with an accrediting organization as 5.35provided in paragraph (a). 6.1 new text begin (c) Dental clinics or offices that perform diagnostic imaging through dental cone new text end 6.2 new text begin beam computerized tomography do not need to meet the accreditation or reporting new text end 6.3 new text begin requirements in this section. new text end 6.4 new text begin EFFECTIVE DATE. new text end new text begin The amendment to paragraph (b) is effective the day new text end 6.5 new text begin following final enactment. The amendment to paragraph (a) and paragraph (c) are new text end 6.6 new text begin effective retroactively from August 1, 2013. new text end 6.7    Sec. 5. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is 6.8amended to read: 6.9    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a 6.10comprehensive stroke center if the hospital has been certified as a comprehensive stroke 6.11center by the joint commission or another nationally recognized accreditation entity new text begin and new text end 6.12 new text begin the hospital participates in the Minnesota stroke registry program new text end . 6.13    Sec. 6. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is 6.14amended to read: 6.15    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke 6.16center if the hospital has been certified as a primary stroke center by the joint commission 6.17or another nationally recognized accreditation entity new text begin and the hospital participates in the new text end 6.18 new text begin Minnesota stroke registry program new text end . 6.19    Sec. 7. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is 6.20amended to read: 6.21    Subd. 2. Designation. A hospital that voluntarily meets the criteria for a 6.22comprehensive stroke center, primary stroke center, or acute stroke ready hospital may 6.23apply to the commissioner for designation, and upon the commissioner's review and 6.24approval of the application, shall be designated as a comprehensive stroke center, a 6.25primary stroke center, or an acute stroke ready hospital for a three-year period. If a 6.26hospital loses its certification as a comprehensive stroke center or primary stroke center 6.27from the joint commission or other nationally recognized accreditation entity, new text begin or no new text end 6.28 new text begin longer participates in the Minnesota stroke registry program, new text end its Minnesota designation 6.29shall be immediately withdrawn. Prior to the expiration of the three-year designation, a 6.30hospital seeking to remain part of the voluntary acute stroke system may reapply to the 6.31commissioner for designation. 6.32    Sec. 8. new text begin [144.497] ST ELEVATION MYOCARDIAL INFARCTION. new text end 7.1 new text begin The commissioner of health shall assess and report on the quality of care provided in new text end 7.2 new text begin the state for ST elevation myocardial infarction response and treatment. The commissioner new text end 7.3 new text begin shall: new text end 7.4 new text begin (1) utilize and analyze data provided by ST elevation myocardial infarction receiving new text end 7.5 new text begin centers to the ACTION Registry-Get with the guidelines or an equivalent data platform new text end 7.6 new text begin that does not identify individuals or associate specific ST elevation myocardial infarction new text end 7.7 new text begin heart attack events with an identifiable individual; new text end 7.8 new text begin (2) quarterly post a summary report of the data in aggregate form on the Department new text end 7.9 new text begin of Health Web site; new text end 7.10 new text begin (3) annually inform the legislative committees with jurisdiction over public health new text end 7.11 new text begin of progress toward improving the quality of care and patient outcomes for ST elevation new text end 7.12 new text begin myocardial infarctions; and new text end 7.13 new text begin (4) coordinate to the extent possible with national voluntary health organizations new text end 7.14 new text begin involved in ST elevation myocardial infarction heart attack quality improvement to new text end 7.15 new text begin encourage ST elevation myocardial infarction receiving centers to report data consistent new text end 7.16 new text begin with nationally recognized guidelines on the treatment of individuals with confirmed ST new text end 7.17 new text begin elevation myocardial infarction heart attacks within the state and encourage sharing of new text end 7.18 new text begin information among health care providers on ways to improve the quality of care of ST new text end 7.19 new text begin elevation myocardial infarction patients in Minnesota. new text end 7.20    Sec. 9. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, is 7.21amended to read: 7.22    Subd. 8. Correction orders. (a) A correction order may be issued whenever the 7.23commissioner finds upon survey or during a complaint investigation that a home care 7.24provider, a managerial official, or an employee of the provider is not in compliance with 7.25sections 144A.43 to 144A.482. The correction order shall cite the specific statute and 7.26document areas of noncompliance and the time allowed for correction. 7.27(b) The commissioner shall mail copies of any correction order within 30 calendar 7.28days after an exit survey to the last known address of the home care provider new text begin , or new text end 7.29 new text begin electronically scan the correction order and e-mail it to the last known home care provider new text end 7.30 new text begin e-mail address, within 30 calendar days after the survey exit date new text end . A copy of each 7.31correction order and copies of any documentation supplied to the commissioner shall be 7.32kept on file by the home care provider, and public documents shall be made available for 7.33viewing by any person upon request. Copies may be kept electronically. 7.34(c) By the correction order date, the home care provider must document in the 7.35provider's records any action taken to comply with the correction order. The commissioner 8.1may request a copy of this documentation and the home care provider's action to respond 8.2to the correction order in future surveys, upon a complaint investigation, and as otherwise 8.3needed. 8.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and for current new text end 8.5 new text begin licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal. new text end 8.6    Sec. 10. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12, 8.7is amended to read: 8.8    Subd. 12. Reconsideration. (a) The commissioner shall make available to home 8.9care providers a correction order reconsideration process. This process may be used 8.10to challenge the correction order issued, including the level and scope described in 8.11subdivision 11, and any fine assessed. During the correction order reconsideration 8.12request, the issuance for the correction orders under reconsideration are not stayed, but 8.13the department shall post information on the Web site with the correction order that the 8.14licensee has requested a reconsideration and that the review is pending. 8.15(b) A licensed home care provider may request from the commissioner, in writing, 8.16a correction order reconsideration regarding any correction order issued to the provider. 8.17 new text begin The written request for reconsideration must be received by the commissioner within 15 new text end 8.18 new text begin calendar days of the correction order receipt date. new text end The correction order reconsideration shall 8.19not be reviewed by any surveyor, investigator, or supervisor that participated in the writing 8.20or reviewing of the correction order being disputed. The correction order reconsiderations 8.21may be conducted in person, by telephone, by another electronic form, or in writing, as 8.22determined by the commissioner. The commissioner shall respond in writing to the request 8.23from a home care provider for a correction order reconsideration within 60 days of the 8.24date the provider requests a reconsideration. The commissioner's response shall identify 8.25the commissioner's decision regarding each citation challenged by the home care provider. 8.26(c) The findings of a correction order reconsideration process shall be one or more of 8.27the following: 8.28(1) supported in full, the correction order is supported in full, with no deletion of 8.29findings to the citation; 8.30(2) supported in substance, the correction order is supported, but one or more 8.31findings are deleted or modified without any change in the citation; 8.32(3) correction order cited an incorrect home care licensing requirement, the correction 8.33order is amended by changing the correction order to the appropriate statutory reference; 8.34(4) correction order was issued under an incorrect citation, the correction order is 8.35amended to be issued under the more appropriate correction order citation; 9.1(5) the correction order is rescinded; 9.2(6) fine is amended, it is determined that the fine assigned to the correction order 9.3was applied incorrectly; or 9.4(7) the level or scope of the citation is modified based on the reconsideration. 9.5(d) If the correction order findings are changed by the commissioner, the 9.6commissioner shall update the correction order Web site. 9.7 new text begin (e) This subdivision does not apply to temporary licensees. new text end 9.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and for current new text end 9.9 new text begin licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal. new text end 9.10    Sec. 11. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, 9.11is amended to read: 9.12    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license, 9.13the home care provider shall be entitled to notice and a hearing as provided by sections 9.1414.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, 9.15without a prior contested case hearing, temporarily suspend a license or prohibit delivery 9.16of services by a provider for not more than 90 days if the commissioner determines that 9.17the health or safety of a consumer is in imminent danger, new text begin there are level 3 or 4 violations new text end 9.18 new text begin as defined in section 144A.474, subdivision 11, paragraph (b), new text end provided: 9.19(1) advance notice is given to the home care provider; 9.20(2) after notice, the home care provider fails to correct the problem; 9.21(3) the commissioner has reason to believe that other administrative remedies are not 9.22likely to be effective; and 9.23(4) there is an opportunity for a contested case hearing within the 90 new text begin 30 new text end days new text begin unless new text end 9.24 new text begin there is an extension granted by an administrative law judge pursuant to subdivision 3b new text end . 9.25 new text begin EFFECTIVE DATE. new text end new text begin The amendments to this section are effective August 1, 2014, new text end 9.26 new text begin and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license new text end 9.27 new text begin renewal. new text end 9.28    Sec. 12. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 9.29adding a subdivision to read: 9.30     new text begin Subd. 3a. new text end new text begin Hearing. new text end new text begin Within 15 business days of receipt of the licensee's timely appeal new text end 9.31 new text begin of a sanction under this section, other than for a temporary suspension, the commissioner new text end 9.32 new text begin shall request assignment of an administrative law judge. The commissioner's request must new text end 9.33 new text begin include a proposed date, time, and place of hearing. A hearing must be conducted by an new text end 10.1 new text begin administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, new text end 10.2 new text begin within 90 calendar days of the request for assignment, unless an extension is requested by new text end 10.3 new text begin either party and granted by the administrative law judge for good cause or for purposes of new text end 10.4 new text begin discussing settlement. In no case shall one or more extensions be granted for a total of new text end 10.5 new text begin more than 90 calendar days unless there is a criminal action pending against the licensee. new text end 10.6 new text begin If, while a licensee continues to operate pending an appeal of an order for revocation, new text end 10.7 new text begin suspension, or refusal to renew a license, the commissioner identifies one or more new new text end 10.8 new text begin violations of law that meet the requirements of level 3 or 4 violations as defined in section new text end 10.9 new text begin 144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to new text end 10.10 new text begin temporarily suspend the license under the provisions in subdivision 3. new text end 10.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for appeals received on or after new text end 10.12 new text begin August 1, 2014. new text end 10.13    Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 10.14adding a subdivision to read: 10.15     new text begin Subd. 3b. new text end new text begin Temporary suspension expedited hearing. new text end new text begin (a) Within five business new text end 10.16 new text begin days of receipt of the license holder's timely appeal of a temporary suspension, the new text end 10.17 new text begin commissioner shall request assignment of an administrative law judge. The request must new text end 10.18 new text begin include a proposed date, time, and place of a hearing. A hearing must be conducted by an new text end 10.19 new text begin administrative law judge within 30 calendar days of the request for assignment, unless new text end 10.20 new text begin an extension is requested by either party and granted by the administrative law judge new text end 10.21 new text begin for good cause. The commissioner shall issue a notice of hearing by certified mail or new text end 10.22 new text begin personal service at least ten business days before the hearing. Certified mail to the last new text end 10.23 new text begin known address is sufficient. The scope of the hearing shall be limited solely to the issue of new text end 10.24 new text begin whether the temporary suspension should remain in effect and whether there is sufficient new text end 10.25 new text begin evidence to conclude that the licensee's actions or failure to comply with applicable laws new text end 10.26 new text begin are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b). new text end 10.27 new text begin (b) The administrative law judge shall issue findings of fact, conclusions, and a new text end 10.28 new text begin recommendation within ten business days from the date of hearing. The parties shall have new text end 10.29 new text begin ten calendar days to submit exceptions to the administrative law judge's report. The new text end 10.30 new text begin record shall close at the end of the ten-day period for submission of exceptions. The new text end 10.31 new text begin commissioner's final order shall be issued within ten business days from the close of the new text end 10.32 new text begin record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, new text end 10.33 new text begin the commissioner shall issue a final order affirming the temporary immediate suspension new text end 10.34 new text begin within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The new text end 10.35 new text begin license holder is prohibited from operation during the temporary suspension period. new text end 11.1 new text begin (c) When the final order under paragraph (b) affirms an immediate suspension, and a new text end 11.2 new text begin final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that new text end 11.3 new text begin sanction, the licensee is prohibited from operation pending a final commissioner's order new text end 11.4 new text begin after the contested case hearing conducted under chapter 14. new text end 11.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014. new text end 11.6    Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3, 11.7is amended to read: 11.8    Subd. 3. Duties. At the commissioner's request, the advisory council shall provide 11.9advice regarding regulations of Department of Health licensed home care providers in 11.10this chapter such as new text begin , including advice on the following new text end : 11.11(1) advice to the commissioner regarding community standards for home care 11.12practices; 11.13(2) advice to the commissioner on enforcement of licensing standards and whether 11.14certain disciplinary actions are appropriate; 11.15(3) advice to the commissioner about ways of distributing information to licensees 11.16and consumers of home care; 11.17(4) advice to the commissioner about training standards; 11.18(5) identify emerging issues and opportunities in the home care field, including the 11.19use of technology in home and telehealth capabilities; and 11.20(6) new text begin allowable home care licensing modifications and exemptions, including a method new text end 11.21 new text begin for an integrated license with an existing license for rural licensed nursing homes to new text end 11.22 new text begin provide limited home care services in an adjacent independent living apartment building new text end 11.23 new text begin owned by the licensed nursing home; and new text end 11.24 new text begin (7) new text end perform other duties as directed by the commissioner. 11.25    Sec. 15. Minnesota Statutes 2012, section 144D.065, is amended to read: 11.26144D.065 TRAINING IN DEMENTIA CARE REQUIRED. 11.27(a) If a housing with services establishment registered under this chapter new text begin has a new text end 11.28 new text begin special program or special care unit for residents with Alzheimer's disease or other new text end 11.29 new text begin dementias or advertises, new text end markets new text begin , new text end or otherwise promotes new text begin the establishment as providing new text end 11.30 services for persons with Alzheimer's disease or related disorders new text begin other dementias new text end , whether 11.31in a segregated or general unit, the establishment's direct care staff and their supervisors 11.32must be trained in dementia care new text begin employees of the establishment and of the establishment's new text end 11.33 new text begin arranged home care provider must meet the following training requirements: new text end 12.1 new text begin (1) supervisors of direct-care staff must have at least eight hours of initial training on new text end 12.2 new text begin topics specified under paragraph (b) within 120 hours of the employment start date, and new text end 12.3 new text begin must have at least two hours of training on topics related to dementia care for each 12 new text end 12.4 new text begin months of employment thereafter; new text end 12.5 new text begin (2) direct-care employees must have completed at least eight hours of initial training new text end 12.6 new text begin on topics specified under paragraph (b) within 160 hours of the employment start date. new text end 12.7 new text begin Until this initial training is complete, an employee must not provide direct care unless new text end 12.8 new text begin there is another employee on site who has completed the initial eight hours of training on new text end 12.9 new text begin topics related to dementia care and who can act as a resource and assist if issues arise. A new text end 12.10 new text begin trainer of the requirements under paragraph (b), or a supervisor meeting the requirements new text end 12.11 new text begin in paragraph (a), clause (1), must be available for consultation with the new employee until new text end 12.12 new text begin the training requirement is complete. Direct-care employees must have at least two hours new text end 12.13 new text begin of training on topics related to dementia for each 12 months of employment thereafter; new text end 12.14 new text begin (3) staff who do not provide direct care, including maintenance, housekeeping and new text end 12.15 new text begin food service staff must have at least four hours of initial training on topics specified under new text end 12.16 new text begin paragraph (b) within 160 hours of the employment start date, and must have at least two new text end 12.17 new text begin hours of training on topics related to dementia care for each 12 months of employment new text end 12.18 new text begin thereafter; and new text end 12.19 new text begin (4) new employees may satisfy the initial training requirements by producing written new text end 12.20 new text begin proof of previously completed required training within the past 18 months new text end . 12.21(b) Areas of required training include: 12.22(1) an explanation of Alzheimer's disease and related disorders; 12.23(2) assistance with activities of daily living; 12.24(3) problem solving with challenging behaviors; and 12.25(4) communication skills. 12.26(c) The establishment shall provide to consumers in written or electronic form a 12.27description of the training program, the categories of employees trained, the frequency 12.28of training, and the basic topics covered. This information satisfies the disclosure 12.29requirements of section 325F.72, subdivision 2, clause (4). 12.30 new text begin (d) Housing with services establishments not included in paragraph (a) that provide new text end 12.31 new text begin assisted living services under chapter 144G must meet the following training requirements: new text end 12.32 new text begin (1) supervisors of direct-care staff must have at least four hours of initial training on new text end 12.33 new text begin topics specified under paragraph (b) within 120 hours of the employment start date, and new text end 12.34 new text begin must have at least two hours of training on topics related to dementia care for each 12 new text end 12.35 new text begin months of employment thereafter; new text end 13.1 new text begin (2) direct-care employees must have completed at least four hours of initial training new text end 13.2 new text begin on topics specified under paragraph (b) within 160 hours of the employment start date. new text end 13.3 new text begin Until this initial training is complete, an employee must not provide direct care unless there new text end 13.4 new text begin is another employee on site who has completed the initial four hours of training on topics new text end 13.5 new text begin related to dementia care and who can act as a resource and assist if issues arise. A trainer new text end 13.6 new text begin of the requirements under paragraph (b), or supervisor meeting the requirements under new text end 13.7 new text begin paragraph (a), clause (1), must be available for consultation with the new employee until new text end 13.8 new text begin the training requirement is complete. Direct-care employees must have at least two hours new text end 13.9 new text begin of training on topics related to dementia for each 12 months of employment thereafter; new text end 13.10 new text begin (3) staff who do not provide direct care, including maintenance, housekeeping and new text end 13.11 new text begin food service staff must have at least four hours of initial training on topics specified under new text end 13.12 new text begin paragraph (b) within 160 hours of the employment start date, and must have at least two new text end 13.13 new text begin hours of training on topics related to dementia care for each 12 months of employment new text end 13.14 new text begin thereafter; and new text end 13.15 new text begin (4) new employees may satisfy the initial training requirements by producing written new text end 13.16 new text begin proof of previously completed required training within the past 18 months. new text end 13.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 13.18    Sec. 16. new text begin [144D.10] MANAGER REQUIREMENTS. new text end 13.19 new text begin (a) The person primarily responsible for oversight and management of a housing new text end 13.20 new text begin with services establishment, as designated by the owner of the housing with services new text end 13.21 new text begin establishment, must obtain at least 30 hours of continuing education every two years of new text end 13.22 new text begin employment as the manager in topics relevant to the operations of the housing with services new text end 13.23 new text begin establishment and the needs of its tenants. Continuing education earned to maintain a new text end 13.24 new text begin professional license, such as nursing home administrator license, nursing license, social new text end 13.25 new text begin worker license, and real estate license, can be used to complete this requirement. new text end 13.26 new text begin (b) For managers of establishments identified in section 325F.72, this continuing new text end 13.27 new text begin education must include at least eight hours of documented training on the topics identified new text end 13.28 new text begin in section 144D.065, paragraph (b), within 160 hours of hire, and two hours of training new text end 13.29 new text begin these topics for each 12 months of employment thereafter. new text end 13.30 new text begin (c) For managers of establishments not covered by section 325F.72, but who provide new text end 13.31 new text begin assisted living services under chapter 144G, this continuing education must include at new text end 13.32 new text begin least four hours of documented training on the topics identified in section 144D.065, new text end 13.33 new text begin paragraph (b), within 160 hours of hire, and two hours of training on these topics for new text end 13.34 new text begin each 12 months of employment thereafter. new text end 14.1 new text begin (d) A statement verifying compliance with the continuing education requirement new text end 14.2 new text begin must be included in the housing with services establishment's annual registration to the new text end 14.3 new text begin commissioner of health. The establishment must maintain records for at least three years new text end 14.4 new text begin demonstrating that the person primarily responsible for oversight and management of the new text end 14.5 new text begin establishment has attended educational programs as required by this section. new text end 14.6 new text begin (e) New managers may satisfy the initial dementia training requirements by producing new text end 14.7 new text begin written proof of previously completed required training within the past 18 months. new text end 14.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 14.9    Sec. 17. new text begin [144D.11] EMERGENCY PLANNING. new text end 14.10 new text begin (a) Each registered housing with services establishment must meet the following new text end 14.11 new text begin requirements: new text end 14.12 new text begin (1) have a written emergency disaster plan that contains a plan for evacuation, new text end 14.13 new text begin addresses elements of sheltering in-place, identifies temporary relocation sites, and details new text end 14.14 new text begin staff assignments in the event of a disaster or an emergency; new text end 14.15 new text begin (2) post an emergency disaster plan prominently; new text end 14.16 new text begin (3) provide building emergency exit diagrams to all tenants upon signing a lease; new text end 14.17 new text begin (4) post emergency exit diagrams on each floor; and new text end 14.18 new text begin (5) have a written policy and procedure regarding missing tenants. new text end 14.19 new text begin (b) Each registered housing with services establishment must provide emergency new text end 14.20 new text begin and disaster training to all staff during the initial staff orientation and annually thereafter new text end 14.21 new text begin and must make emergency and disaster training available to all tenants annually. Staff new text end 14.22 new text begin who have not received emergency and disaster training are allowed to work only when new text end 14.23 new text begin trained staff are also working on site. new text end 14.24 new text begin (c) Each registered housing with services location must conduct and document a fire new text end 14.25 new text begin drill or other emergency drill at least every six months. To the extent possible, drills must new text end 14.26 new text begin be coordinated with local fire departments or other community emergency resources. new text end 14.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 14.28    Sec. 18. Minnesota Statutes 2012, section 149A.92, is amended by adding a 14.29subdivision to read: 14.30     new text begin Subd. 11. new text end new text begin Scope. new text end new text begin Notwithstanding the requirements in section 149A.50, this section new text end 14.31 new text begin applies only to funeral establishments where human remains are present for the purpose new text end 14.32 new text begin of preparation and embalming, private viewings, visitations, services, and holding of new text end 14.33 new text begin human remains while awaiting final disposition. For the purpose of this subdivision, new text end 15.1 new text begin "private viewing" means viewing of a dead human body by persons designated in section new text end 15.2 new text begin 149A.80, subdivision 2. new text end 15.3    Sec. 19. new text begin EVALUATION AND REPORTING REQUIREMENTS. new text end 15.4 new text begin (a) The commissioner of health shall consult with the Alzheimer's Association, new text end 15.5 new text begin Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long term new text end 15.6 new text begin care, and other stakeholders to evaluate the following: new text end 15.7 new text begin (1) whether additional settings, provider types, licensed and unlicensed personnel, or new text end 15.8 new text begin health care services regulated by the commissioner should be required to comply with the new text end 15.9 new text begin training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11; new text end 15.10 new text begin (2) cost implications for the groups or individuals identified in clause (1) to comply new text end 15.11 new text begin with the training requirements; new text end 15.12 new text begin (3) dementia education options available; new text end 15.13 new text begin (4) existing dementia training mandates under federal and state statutes and rules; and new text end 15.14 new text begin (5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and new text end 15.15 new text begin 144D.11, and methods to determine compliance with the training requirements. new text end 15.16 new text begin (b) The commissioner shall report the evaluation to the chairs of the health and new text end 15.17 new text begin human services committees of the legislature no later than February 15, 2015, along with new text end 15.18 new text begin any recommendations for legislative changes. new text end 15.19ARTICLE 2 15.20PUBLIC HEALTH 15.21    Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a 15.22subdivision to read: 15.23     new text begin Subd. 1a. new text end new text begin Areas of public health responsibility. new text end new text begin "Areas of public health new text end 15.24 new text begin responsibility" means: new text end 15.25 new text begin (1) assuring an adequate local public health infrastructure; new text end 15.26 new text begin (2) promoting healthy communities and healthy behaviors; new text end 15.27 new text begin (3) preventing the spread of communicable disease; new text end 15.28 new text begin (4) protecting against environmental health hazards; new text end 15.29 new text begin (5) preparing for and responding to emergencies; and new text end 15.30 new text begin (6) assuring health services. new text end 15.31    Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read: 15.32    Subd. 5. Community health board. "Community health board" means a board of 15.33health established, operating, and eligible for a new text begin the governing body for new text end local public health 16.1grant under sections to . new text begin in Minnesota. The community health board new text end 16.2 new text begin may be comprised of a single county, multiple contiguous counties, or in a limited number new text end 16.3 new text begin of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the new text end 16.4 new text begin responsibilities and authority under this chapter. new text end 16.5    Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 16.6to read: 16.7     new text begin Subd. 6a. new text end new text begin Community health services administrator. new text end new text begin "Community health services new text end 16.8 new text begin administrator" means a person who meets personnel standards for the position established new text end 16.9 new text begin under section 145A.06, subdivision 3b, and is working under a written agreement with, new text end 16.10 new text begin employed by, or under contract with a community health board to provide public health new text end 16.11 new text begin leadership and to discharge the administrative and program responsibilities on behalf of new text end 16.12 new text begin the board. new text end 16.13    Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 16.14to read: 16.15     new text begin Subd. 8a. new text end new text begin Local health department. new text end new text begin "Local health department" means an new text end 16.16 new text begin operational entity that is responsible for the administration and implementation of new text end 16.17 new text begin programs and services to address the areas of public health responsibility. It is governed new text end 16.18 new text begin by a community health board. new text end 16.19    Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 16.20to read: 16.21     new text begin Subd. 8b. new text end new text begin Essential public health services. new text end new text begin "Essential public health services" new text end 16.22 new text begin means the public health activities that all communities should undertake. These services new text end 16.23 new text begin serve as the framework for the National Public Health Performance Standards. In new text end 16.24 new text begin Minnesota they refer to activities that are conducted to accomplish the areas of public new text end 16.25 new text begin health responsibility. The ten essential public health services are to: new text end 16.26 new text begin (1) monitor health status to identify and solve community health problems; new text end 16.27 new text begin (2) diagnose and investigate health problems and health hazards in the community; new text end 16.28 new text begin (3) inform, educate, and empower people about health issues; new text end 16.29 new text begin (4) mobilize community partnerships and action to identify and solve health new text end 16.30 new text begin problems; new text end 16.31 new text begin (5) develop policies and plans that support individual and community health efforts; new text end 16.32 new text begin (6) enforce laws and regulations that protect health and ensure safety; new text end 17.1 new text begin (7) link people to needed personal health services and assure the provision of health new text end 17.2 new text begin care when otherwise unavailable; new text end 17.3 new text begin (8) maintain a competent public health workforce; new text end 17.4 new text begin (9) evaluate the effectiveness, accessibility, and quality of personal and new text end 17.5 new text begin population-based health services; and new text end 17.6 new text begin (10) contribute to research seeking new insights and innovative solutions to health new text end 17.7 new text begin problems. new text end 17.8    Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read: 17.9    Subd. 15. Medical consultant. "Medical consultant" means a physician licensed 17.10to practice medicine in Minnesota who is working under a written agreement with, 17.11employed by, or on contract with a new text begin community health new text end board of health to provide advice 17.12and information, to authorize medical procedures through standing orders new text begin protocols new text end , and 17.13to assist a new text begin community health new text end board of health and its staff in coordinating their activities 17.14with local medical practitioners and health care institutions. 17.15    Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 17.16to read: 17.17     new text begin Subd. 15a. new text end new text begin Performance management. new text end new text begin "Performance management" means the new text end 17.18 new text begin systematic process of using data for decision making by identifying outcomes and new text end 17.19 new text begin standards; measuring, monitoring, and communicating progress; and engaging in quality new text end 17.20 new text begin improvement activities in order to achieve desired outcomes. new text end 17.21    Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 17.22to read: 17.23     new text begin Subd. 15b. new text end new text begin Performance measures. new text end new text begin "Performance measures" means quantitative new text end 17.24 new text begin ways to define and measure performance. new text end 17.25    Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read: 17.26    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing 17.27body of a city or county must undertake the responsibilities of a new text begin community health new text end board 17.28of health or establish a board of health new text begin by establishing or joining a community health new text end 17.29 new text begin board according to paragraphs (b) to (f) new text end and assign new text begin assigning new text end to it the powers and duties of 17.30a board of health new text begin specified under section 145A.04 new text end . 17.31(b) A city council may ask a county or joint powers board of health to undertake 17.32the responsibilities of a board of health for the city's jurisdiction. new text begin A community health new text end 18.1 new text begin board must include within its jurisdiction a population of 30,000 or more persons or be new text end 18.2 new text begin composed of three or more contiguous counties. new text end 18.3(c) A county board or city council within the jurisdiction of a community health 18.4board operating under sections 145A.09 to 145A.131 is preempted from forming a board of 18.5 new text begin community new text end health new text begin board new text end except as specified in section 145A.10, subdivision 2 new text begin 145A.131 new text end . 18.6 new text begin (d) A county board or a joint powers board that establishes a community health new text end 18.7 new text begin board and has or establishes an operational human services board under chapter 402 may new text end 18.8 new text begin assign the powers and duties of a community health board to a human services board. new text end 18.9 new text begin Eligibility for funding from the commissioner will be maintained if all requirements of new text end 18.10 new text begin sections 145A.03 and 145A.04 are met. new text end 18.11 new text begin (e) Community health boards established prior to January 1, 2014, including city new text end 18.12 new text begin community health boards, are eligible to maintain their status as community health boards new text end 18.13 new text begin as outlined in this subdivision. new text end 18.14 new text begin (f) A community health board may authorize, by resolution, the community new text end 18.15 new text begin health service administrator or other designated agent or agents to act on behalf of the new text end 18.16 new text begin community health board. new text end 18.17    Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read: 18.18    Subd. 2. Joint powers new text begin community health new text end board of health. Except as preempted 18.19under section 145A.10, subdivision 2, A county may establish a joint new text begin community health new text end 18.20board of health by agreement with one or more contiguous counties, or a new text begin an existing new text end city 18.21 new text begin community health board new text end may establish a joint new text begin community health new text end board of health with one 18.22or more contiguous cities in the same county, or a city may establish a joint board of health 18.23with the new text begin existing city community health boards in the same new text end county or counties within new text begin in new text end 18.24 which it is located. The agreements must be established according to section 471.59. 18.25    Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read: 18.26    Subd. 4. Membership; duties of chair. A new text begin community health new text end board of health must 18.27have at least five members, one of whom must be elected by the members as chair and one 18.28as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings 18.29of the new text begin community health new text end board of health and sign or authorize an agent to sign contracts and 18.30other documents requiring signature on behalf of the new text begin community health new text end board of health. 18.31    Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read: 18.32    Subd. 5. Meetings. A new text begin community health new text end board of health must hold meetings at least 18.33twice a year and as determined by its rules of procedure. The board must adopt written 19.1procedures for transacting business and must keep a public record of its transactions, 19.2findings, and determinations. Members may receive a per diem plus travel and other 19.3eligible expenses while engaged in official duties. 19.4    Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a 19.5subdivision to read: 19.6     new text begin Subd. 7. new text end new text begin Community health board; eligibility for funding. new text end new text begin A community health new text end 19.7 new text begin board that meets the requirements of this section is eligible to receive the local public new text end 19.8 new text begin health grant under section 145A.131 and for other funds that the commissioner grants to new text end 19.9 new text begin community health boards to carry out public health activities. new text end 19.10    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter 19.1143, section 21, is amended to read: 19.12145A.04 POWERS AND DUTIES OF new text begin COMMUNITY HEALTH new text end BOARD OF 19.13HEALTH. 19.14    Subdivision 1. Jurisdiction; enforcement. new text begin (a) new text end A county or multicounty new text begin community new text end 19.15 new text begin health new text end board of health has the powers and duties of a board of health for all territory within 19.16its jurisdiction not under the jurisdiction of a city board of health. Under the general 19.17supervision of the commissioner, the board shall enforce laws, regulations, and ordinances 19.18pertaining to the powers and duties of a board of health within its jurisdictional area 19.19 new text begin general responsibility for development and maintenance of a system of community health new text end 19.20 new text begin services under local administration and within a system of state guidelines and standards new text end . 19.21 new text begin (b) Under the general supervision of the commissioner, the community health board new text end 19.22 new text begin shall recommend the enforcement of laws, regulations, and ordinances pertaining to the new text end 19.23 new text begin powers and duties within its jurisdictional area. In the case of a multicounty or city new text end 19.24 new text begin community health board, the joint powers agreement under section 145A.03, subdivision new text end 19.25 new text begin 2, or delegation agreement under section 145A.07 shall clearly specify enforcement new text end 19.26 new text begin authorities. new text end 19.27 new text begin (c) A member of a community health board may not withdraw from a joint powers new text end 19.28 new text begin community health board during the first two calendar years following the effective new text end 19.29 new text begin date of the initial joint powers agreement. The withdrawing member must notify the new text end 19.30 new text begin commissioner and the other parties to the agreement at least one year before the beginning new text end 19.31 new text begin of the calendar year in which withdrawal takes effect. new text end 19.32 new text begin (d) The withdrawal of a county or city from a community health board does not new text end 19.33 new text begin affect the eligibility for the local public health grant of any remaining county or city for new text end 19.34 new text begin one calendar year following the effective date of withdrawal. new text end 20.1 new text begin (e) The local public health grant for a county or city that chooses to withdraw from new text end 20.2 new text begin a multicounty community health board shall be reduced by the amount of the local new text end 20.3 new text begin partnership incentive. new text end 20.4     new text begin Subd. 1a. new text end new text begin Duties. new text end new text begin Consistent with the guidelines and standards established under new text end 20.5 new text begin section 145A.06, the community health board shall: new text end 20.6 new text begin (1) identify local public health priorities and implement activities to address the new text end 20.7 new text begin priorities and the areas of public health responsibility, which include: new text end 20.8 new text begin (i) assuring an adequate local public health infrastructure by maintaining the basic new text end 20.9 new text begin foundational capacities to a well-functioning public health system that includes data new text end 20.10 new text begin analysis and utilization; health planning; partnership development and community new text end 20.11 new text begin mobilization; policy development, analysis, and decision support; communication; and new text end 20.12 new text begin public health research, evaluation, and quality improvement; new text end 20.13 new text begin (ii) promoting healthy communities and healthy behavior through activities new text end 20.14 new text begin that improve health in a population, such as investing in healthy families; engaging new text end 20.15 new text begin communities to change policies, systems, or environments to promote positive health or new text end 20.16 new text begin prevent adverse health; providing information and education about healthy communities new text end 20.17 new text begin or population health status; and addressing issues of health equity, health disparities, and new text end 20.18 new text begin the social determinants to health; new text end 20.19 new text begin (iii) preventing the spread of communicable disease by preventing diseases that are new text end 20.20 new text begin caused by infectious agents through detecting acute infectious diseases, ensuring the new text end 20.21 new text begin reporting of infectious diseases, preventing the transmission of infectious diseases, and new text end 20.22 new text begin implementing control measures during infectious disease outbreaks; new text end 20.23 new text begin (iv) protecting against environmental health hazards by addressing aspects of the new text end 20.24 new text begin environment that pose risks to human health, such as monitoring air and water quality; new text end 20.25 new text begin developing policies and programs to reduce exposure to environmental health risks and new text end 20.26 new text begin promote healthy environments; and identifying and mitigating environmental risks such as new text end 20.27 new text begin food and waterborne diseases, radiation, occupational health hazards, and public health new text end 20.28 new text begin nuisances; new text end 20.29 new text begin (v) preparing and responding to emergencies by engaging in activities that prepare new text end 20.30 new text begin public health departments to respond to events and incidents and assist communities in new text end 20.31 new text begin recovery, such as providing leadership for public health preparedness activities with new text end 20.32 new text begin a community; developing, exercising, and periodically reviewing response plans for new text end 20.33 new text begin public health threats; and developing and maintaining a system of public health workforce new text end 20.34 new text begin readiness, deployment, and response; and new text end 20.35 new text begin (vi) assuring health services by engaging in activities such as assessing the new text end 20.36 new text begin availability of health-related services and health care providers in local communities, new text end 21.1 new text begin identifying gaps and barriers in services; convening community partners to improve new text end 21.2 new text begin community health systems; and providing services identified as priorities by the local new text end 21.3 new text begin assessment and planning process; new text end 21.4 new text begin (2) submit to the commissioner of health, at least every five years, a community new text end 21.5 new text begin health assessment and community health improvement plan, which shall be developed new text end 21.6 new text begin with input from the community and take into consideration the statewide outcomes, the new text end 21.7 new text begin areas of responsibility, and essential public health services; new text end 21.8 new text begin (3) implement a performance management process in order to achieve desired new text end 21.9 new text begin outcomes; and new text end 21.10 new text begin (4) annually report to the commissioner on a set of performance measures and be new text end 21.11 new text begin prepared to provide documentation of ability to meet the performance measures. new text end 21.12    Subd. 2. Appointment of agent new text begin community health service (CHS) administrator new text end . 21.13A new text begin community health new text end board of health must appoint, employ, or contract with a person or 21.14persons new text begin CHS administrator new text end to act on its behalf. The board shall notify the commissioner 21.15of the agent's name, address, and phone number where the agent may be reached between 21.16board meetings new text begin CHS administrator's contact information new text end and submit a copy of the 21.17resolution authorizing the agent new text begin CHS administrator new text end to act new text begin as an agent new text end on the board's behalf. 21.18 new text begin The resolution must specify the types of action or actions that the CHS administrator is new text end 21.19 new text begin authorized to take on behalf of the board. new text end 21.20     new text begin Subd. 2a. new text end new text begin Appointment of medical consultant. new text end new text begin The community health board shall new text end 21.21 new text begin appoint, employ, or contract with a medical consultant to ensure appropriate medical new text end 21.22 new text begin advice and direction for the community health board and assist the board and its staff in new text end 21.23 new text begin the coordination of community health services with local medical care and other health new text end 21.24 new text begin services. new text end 21.25    Subd. 3. Employment; medical consultant new text begin employees new text end . (a) A new text begin community health new text end 21.26board of health may establish a health department or other administrative agency and may 21.27employ persons as necessary to carry out its duties. 21.28(b) Except where prohibited by law, employees of the new text begin community health new text end board 21.29of health may act as its agents. 21.30(c) Employees of the board of health are subject to any personnel administration 21.31rules adopted by a city council or county board forming the board of health unless the 21.32employees of the board are within the scope of a statewide personnel administration 21.33system. new text begin Persons employed by a county, city, or the state whose functions and duties are new text end 21.34 new text begin assumed by a community health board shall become employees of the board without new text end 21.35 new text begin loss in benefits, salaries, or rights. new text end 22.1(d) The board of health may appoint, employ, or contract with a medical consultant 22.2to receive appropriate medical advice and direction. 22.3    Subd. 4. Acquisition of property; request for and acceptance of funds; 22.4collection of fees. (a) A new text begin community health new text end board of health may acquire and hold in the 22.5name of the county or city the lands, buildings, and equipment necessary for the purposes 22.6of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts, 22.7purchase, lease, or transfer of custodial control. 22.8(b) A new text begin community health new text end board of health may accept gifts, grants, and subsidies from 22.9any lawful source, apply for and accept state and federal funds, and request and accept 22.10local tax funds. 22.11(c) A new text begin community health new text end board of health may establish and collect reasonable fees 22.12for performing its duties and providing community health services. 22.13(d) With the exception of licensing and inspection activities, access to community 22.14health services provided by or on contract with the new text begin community health new text end board of health must 22.15not be denied to an individual or family because of inability to pay. 22.16    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid 22.17unnecessary duplication, and gain cost advantages, a new text begin community health new text end board of health 22.18 may contract to provide, receive, or ensure provision of services. 22.19    Subd. 6. Investigation; reporting and control of communicable diseases. A 22.20 new text begin community health new text end board of health shall make new text begin investigations, or coordinate with any county new text end 22.21 new text begin board or city council within its jurisdiction to make new text end investigations and reports and obey 22.22instructions on the control of communicable diseases as the commissioner may direct under 22.23section 144.12, 145A.06, subdivision 2, or 145A.07. new text begin Community health new text end boards of health 22.24 must cooperate so far as practicable to act together to prevent and control epidemic diseases. 22.25    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A new text begin community new text end 22.26 new text begin health new text end board of health receiving funding for emergency preparedness or pandemic 22.27influenza planning from the state or from the United States Department of Health and 22.28Human Services shall participate in planning for emergency use of volunteer health 22.29professionals through the Minnesota Responds Medical Reserve Corps program of the 22.30Department of Health. A new text begin community health new text end board of health shall collaborate on volunteer 22.31planning with other public and private partners, including but not limited to local or 22.32regional health care providers, emergency medical services, hospitals, tribal governments, 22.33state and local emergency management, and local disaster relief organizations. 22.34    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A 22.35 new text begin community health new text end board of health new text begin , county, or city new text end participating in the Minnesota Responds 22.36Medical Reserve Corps program may enter into written mutual aid agreements for 23.1deployment of its paid employees and its Minnesota Responds Medical Reserve Corps 23.2volunteers with other new text begin community health new text end boards of health, other political subdivisions 23.3within the state, or with tribal governments within the state. A new text begin community health new text end board 23.4of health may also enter into agreements with the Indian Health Services of the United 23.5States Department of Health and Human Services, and with boards of health, political 23.6subdivisions, and tribal governments in bordering states and Canadian provinces. 23.7    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When 23.8a new text begin community health new text end board of health new text begin , county, or city new text end finds that the prevention, mitigation, 23.9response to, or recovery from an actual or threatened public health event or emergency 23.10exceeds its local capacity, it shall use available mutual aid agreements. If the event or 23.11emergency exceeds mutual aid capacities, a new text begin community health new text end board of health new text begin , county, or new text end 23.12 new text begin city new text end may request the commissioner of health to mobilize Minnesota Responds Medical 23.13Reserve Corps volunteers from outside the jurisdiction of the new text begin community health new text end board 23.14of health new text begin , county, or city new text end . 23.15    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage. 23.16A Minnesota Responds Medical Reserve Corps volunteer responding to a request for 23.17training or assistance at the call of a new text begin community health new text end board of health new text begin , county, or city new text end 23.18 must be deemed an employee of the jurisdiction for purposes of workers' compensation, 23.19tort claim defense, and indemnification. 23.20    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a 23.21member or agent of a new text begin community health new text end board of health new text begin , county, or city new text end may enter a 23.22building, conveyance, or place where contagion, infection, filth, or other source or cause 23.23of preventable disease exists or is reasonably suspected. 23.24    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the 23.25public health such as a public health nuisance, source of filth, or cause of sickness is found 23.26on any property, the new text begin community health new text end board of health new text begin , county, city, new text end or its agent shall order 23.27the owner or occupant of the property to remove or abate the threat within a time specified 23.28in the notice but not longer than ten days. Action to recover costs of enforcement under 23.29this subdivision must be taken as prescribed in section 145A.08. 23.30(b) Notice for abatement or removal must be served on the owner, occupant, or agent 23.31of the property in one of the following ways: 23.32(1) by registered or certified mail; 23.33(2) by an officer authorized to serve a warrant; or 23.34(3) by a person aged 18 years or older who is not reasonably believed to be a party to 23.35any action arising from the notice. 24.1(c) If the owner of the property is unknown or absent and has no known representative 24.2upon whom notice can be served, the new text begin community health new text end board of health new text begin , county, or city, new text end 24.3 or its agent new text begin , new text end shall post a written or printed notice on the property stating that, unless the 24.4threat to the public health is abated or removed within a period not longer than ten days, 24.5the new text begin community health new text end board new text begin , county, or city new text end will have the threat abated or removed at the 24.6expense of the owner under section 145A.08 or other applicable state or local law. 24.7(d) If the owner, occupant, or agent fails or neglects to comply with the requirement 24.8of the notice provided under paragraphs (b) and (c), then the new text begin community health new text end board of 24.9health new text begin , county, city, new text end or its new text begin a designated new text end agent new text begin of the board, county, or city new text end shall remove or 24.10abate the nuisance, source of filth, or cause of sickness described in the notice from the 24.11property. 24.12    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the 24.13 new text begin community health new text end board of health new text begin , county, or city new text end may bring an action in the court of 24.14appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board 24.15has power to enforce, or to enjoin as a public health nuisance any activity or failure to 24.16act that adversely affects the public health. 24.17    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor 24.18deliberately to new text begin deliberately new text end hinder a member of a new text begin community health new text end board of health new text begin , new text end 24.19 new text begin county or city, new text end or its agent from entering a building, conveyance, or place where contagion, 24.20infection, filth, or other source or cause of preventable disease exists or is reasonably 24.21suspected, or otherwise to interfere with the performance of the duties of the board of 24.22health new text begin responsible jurisdiction new text end . 24.23    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for 24.24a member or agent of a new text begin community health new text end board of health new text begin , county, or city new text end to refuse or 24.25neglect to perform a duty imposed on a board of health new text begin an applicable jurisdiction new text end by 24.26statute or ordinance. 24.27    Subd. 12. Other powers and duties established by law. This section does not limit 24.28powers and duties of a new text begin community health new text end board of health new text begin , county, or city new text end prescribed in 24.29other sections. 24.30     new text begin Subd. 13. new text end new text begin Recommended legislation. new text end new text begin The community health board may recommend new text end 24.31 new text begin local ordinances pertaining to community health services to any county board or city new text end 24.32 new text begin council within its jurisdiction and advise the commissioner on matters relating to public new text end 24.33 new text begin health that require assistance from the state, or that may be of more than local interest. new text end 24.34     new text begin Subd. 14. new text end new text begin Equal access to services. new text end new text begin The community health board must ensure that new text end 24.35 new text begin community health services are accessible to all persons on the basis of need. No one shall new text end 25.1 new text begin be denied services because of race, color, sex, age, language, religion, nationality, inability new text end 25.2 new text begin to pay, political persuasion, or place of residence. new text end 25.3     new text begin Subd. 15. new text end new text begin State and local advisory committees. new text end new text begin (a) A state community new text end 25.4 new text begin health services advisory committee is established to advise, consult with, and make new text end 25.5 new text begin recommendations to the commissioner on the development, maintenance, funding, and new text end 25.6 new text begin evaluation of local public health services. Each community health board may appoint a new text end 25.7 new text begin member to serve on the committee. The committee must meet at least quarterly, and new text end 25.8 new text begin special meetings may be called by the committee chair or a majority of the members. new text end 25.9 new text begin Members or their alternates may be reimbursed for travel and other necessary expenses new text end 25.10 new text begin while engaged in their official duties. new text end 25.11 new text begin (b) Notwithstanding section 15.059, the State Community Health Services Advisory new text end 25.12 new text begin Committee does not expire. new text end 25.13 new text begin (c) The city boards or county boards that have established or are members of a new text end 25.14 new text begin community health board may appoint a community health advisory to advise, consult new text end 25.15 new text begin with, and make recommendations to the community health board on the duties under new text end 25.16 new text begin subdivision 1a. new text end 25.17    Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read: 25.18    Subd. 2. Animal control. In addition to powers under sections 35.67 to 35.69, a 25.19county board new text begin , city council, or municipality new text end may adopt ordinances to issue licenses or 25.20otherwise regulate the keeping of animals, to restrain animals from running at large, to 25.21authorize the impounding and sale or summary destruction of animals, and to establish 25.22pounds. 25.23    Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read: 25.24    Subd. 2. Supervision of local enforcement. (a) In the absence of provision for a 25.25 new text begin community health new text end board of health, the commissioner may appoint three or more persons 25.26to act as a board until one is established. The commissioner may fix their compensation, 25.27which the county or city must pay. 25.28(b) The commissioner by written order may require any two or more new text begin community new text end 25.29 new text begin health new text end boards of health new text begin , counties, or cities new text end to act together to prevent or control epidemic 25.30diseases. 25.31(c) If a new text begin community health new text end board new text begin , county, or city new text end fails to comply with section 145A.04, 25.32subdivision 6 , the commissioner may employ medical and other help necessary to control 25.33communicable disease at the expense of the board of health new text begin jurisdiction new text end involved. 26.1(d) If the commissioner has reason to believe that the provisions of this chapter have 26.2been violated, the commissioner shall inform the attorney general and submit information 26.3to support the belief. The attorney general shall institute proceedings to enforce the 26.4provisions of this chapter or shall direct the county attorney to institute proceedings. 26.5    Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a 26.6subdivision to read: 26.7     new text begin Subd. 3a. new text end new text begin Assistance to community health boards. new text end new text begin The commissioner shall help new text end 26.8 new text begin and advise community health boards that ask for assistance in developing, administering, new text end 26.9 new text begin and carrying out public health services and programs. This assistance may consist of, new text end 26.10 new text begin but is not limited to: new text end 26.11 new text begin (1) informational resources, consultation, and training to assist community health new text end 26.12 new text begin boards plan, develop, integrate, provide, and evaluate community health services; and new text end 26.13 new text begin (2) administrative and program guidelines and standards developed with the advice new text end 26.14 new text begin of the State Community Health Services Advisory Committee. new text end 26.15    Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a 26.16subdivision to read: 26.17     new text begin Subd. 3b. new text end new text begin Personnel standards. new text end new text begin In accordance with chapter 14, and in consultation new text end 26.18 new text begin with the State Community Health Services Advisory Committee, the commissioner new text end 26.19 new text begin may adopt rules to set standards for administrative and program personnel to ensure new text end 26.20 new text begin competence in administration and planning. new text end 26.21    Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read: 26.22    Subd. 5. Deadly infectious diseases. The commissioner shall promote measures 26.23aimed at preventing businesses from facilitating sexual practices that transmit deadly 26.24infectious diseases by providing technical advice to new text begin community health new text end boards of health 26.25 to assist them in regulating these practices or closing establishments that constitute 26.26a public health nuisance. 26.27    Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a 26.28subdivision to read: 26.29     new text begin Subd. 5a. new text end new text begin System-level performance management. new text end new text begin To improve public health new text end 26.30 new text begin and ensure the integrity and accountability of the statewide local public health system, new text end 26.31 new text begin the commissioner, in consultation with the State Community Health Services Advisory new text end 27.1 new text begin Committee, shall develop performance measures and implement a process to monitor new text end 27.2 new text begin statewide outcomes and performance improvement. new text end 27.3    Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read: 27.4    Subd. 6. Health volunteer program. (a) The commissioner may accept grants from 27.5the United States Department of Health and Human Services for the emergency system 27.6for the advanced registration of volunteer health professionals (ESAR-VHP) established 27.7under United States Code, title 42, section 247d-7b. The ESAR-VHP program as 27.8implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps. 27.9(b) The commissioner may maintain a registry of volunteers for the Minnesota 27.10Responds Medical Reserve Corps and obtain data on volunteers relevant to possible 27.11deployments within and outside the state. All state licensing and certifying boards 27.12shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify 27.13volunteers' information. The commissioner may also obtain information from other states 27.14and national licensing or certifying boards for health practitioners. 27.15(c) The commissioner may share volunteers' data, including any data classified 27.16as private data, from the Minnesota Responds Medical Reserve Corps registry with 27.17 new text begin community health new text end boards of health, new text begin cities or counties, new text end the University of Minnesota's 27.18Academic Health Center or other public or private emergency preparedness partners, or 27.19tribal governments operating Minnesota Responds Medical Reserve Corps units as needed 27.20for credentialing, organizing, training, and deploying volunteers. Upon request of another 27.21state participating in the ESAR-VHP or of a Canadian government administering a similar 27.22health volunteer program, the commissioner may also share the volunteers' data as needed 27.23for emergency preparedness and response. 27.24    Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is 27.25amended to read: 27.26    Subd. 7. Commissioner requests for health volunteers. (a) When the 27.27commissioner receives a request for health volunteers from: 27.28(1) a local board of health new text begin community health board, county, or city new text end according to 27.29section 145A.04, subdivision 6c; 27.30(2) the University of Minnesota Academic Health Center; 27.31(3) another state or a territory through the Interstate Emergency Management 27.32Assistance Compact authorized under section 192.89; 27.33(4) the federal government through ESAR-VHP or another similar program; or 27.34(5) a tribal or Canadian government; 28.1the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 28.2Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 28.3the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 28.4respond to the request. The commissioner may also ask for Minnesota Responds Medical 28.5Reserve Corps volunteers if the commissioner finds that the state needs health volunteers. 28.6(b) The commissioner may request Minnesota Responds Medical Reserve Corps 28.7volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 28.8or temporary units providing emergency patient stabilization, medical transport, or 28.9ambulatory care. The commissioner may utilize the volunteers for training, mobilization 28.10or demobilization, inspection, maintenance, repair, or other support functions for the 28.11MMU facility or for other emergency units, as well as for provision of health care services. 28.12(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 28.13Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 28.14compensation provided by the volunteer's employer during volunteer service requested by 28.15the commissioner. An employer is not liable for actions of an employee while serving as a 28.16Minnesota Responds Medical Reserve Corps volunteer. 28.17(d) If the commissioner matches the request under paragraph (a) with Minnesota 28.18Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 28.19of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 28.20the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 28.21sending and receiving jurisdictions in monitoring deployments, and shall coordinate 28.22efforts with the division of homeland security and emergency management for out-of-state 28.23deployments through the Interstate Emergency Management Assistance Compact or 28.24other emergency management compacts. 28.25(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 28.26Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 28.27apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 28.28across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 28.29the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 28.30as of their initial deployment in response to the event or emergency that triggered a 28.31subsequent commissioner's call. 28.32(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 28.33request for training or assistance at the call of the commissioner must be deemed an 28.34employee of the state for purposes of workers' compensation and tort claim defense and 28.35indemnification under section 3.736, without regard to whether the volunteer's activity is 28.36under the direction and control of the commissioner, the division of homeland security 29.1and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 29.2hospital, alternate care site, or other health care provider treating patients from the public 29.3health event or emergency. 29.4(2) For purposes of calculating workers' compensation benefits under chapter 176, 29.5the daily wage must be the usual wage paid at the time of injury or death for similar services 29.6performed by paid employees in the community where the volunteer regularly resides, or 29.7the wage paid to the volunteer in the volunteer's regular employment, whichever is greater. 29.8(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 29.9reimbursement for travel and subsistence expenses during a deployment approved by the 29.10commissioner under this subdivision according to reimbursement limits established for 29.11paid state employees. Deployment begins when the volunteer leaves on the deployment 29.12until the volunteer returns from the deployment, including all travel related to the 29.13deployment. The Department of Health shall initially review and pay those expenses to 29.14the volunteer. Except as otherwise provided by the Interstate Emergency Management 29.15Assistance Compact in section 192.89 or agreements made thereunder, the department 29.16shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 29.17department for expenses of the volunteers. 29.18(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 29.19deployed outside the state pursuant to the Interstate Emergency Management Assistance 29.20Compact, the provisions of the Interstate Emergency Management Assistance Compact 29.21must control over any inconsistent provisions in this section. 29.22(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 29.23for workers' compensation arising out of a deployment under this section or out of a 29.24training exercise conducted by the commissioner, the volunteer's workers compensation 29.25benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 29.26volunteer may also qualify under other clauses of section 176.011, subdivision 9. 29.27    Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read: 29.28    Subdivision 1. Agreements to perform duties of commissioner. (a) The 29.29commissioner of health may enter into an agreement with any new text begin community health new text end board of 29.30health new text begin , county, or city new text end to delegate all or part of the licensing, inspection, reporting, and 29.31enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to 29.32144.417 ; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining 29.33to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14 29.34to 327.28. 29.35(b) Agreements are subject to subdivision 3. 30.1(c) This subdivision does not affect agreements entered into under Minnesota 30.2Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2. 30.3    Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read: 30.4    Subd. 2. Agreements to perform duties of new text begin community health new text end board of health. 30.5A new text begin community health new text end board of health may authorize a township board, city council, or 30.6county board within its jurisdiction to establish a board of health under section 145A.03 30.7 and delegate to the board of health by agreement any powers or duties under sections 30.8, 145A.07, subdivision 2, and new text begin carry out activities to fulfill community new text end 30.9 new text begin health board responsibilities new text end . An agreement to delegate new text begin community health board new text end powers 30.10and duties of a board of health new text begin to a county or city new text end must be approved by the commissioner 30.11and is subject to subdivision 3. 30.12    Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read: 30.13145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED. 30.14    Subdivision 1. Cost of care. A person who has or whose dependent or spouse has a 30.15communicable disease that is subject to control by the new text begin community health new text end board of health is 30.16financially liable to the unit or agency of government that paid for the reasonable cost of 30.17care provided to control the disease under section 145A.04, subdivision 6. 30.18    Subd. 2. Assessment of costs of enforcement. (a) If costs are assessed for 30.19enforcement of section 145A.04, subdivision 8, and no procedure for the assessment 30.20of costs has been specified in an agreement established under section 145A.07, the 30.21enforcement costs must be assessed as prescribed in this subdivision. 30.22(b) A debt or claim against an individual owner or single piece of real property 30.23resulting from an enforcement action authorized by section 145A.04, subdivision 8, must 30.24not exceed the cost of abatement or removal. 30.25(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be 30.26assessed and charged against the real property on which the public health nuisance, source 30.27of filth, or cause of sickness was located. The auditor of the county in which the action is 30.28taken shall extend the cost so assessed and charged on the tax roll of the county against the 30.29real property on which the enforcement action was taken. 30.30(d) The cost of an enforcement action taken by a town or city board of health under 30.31section 145A.04, subdivision 8, may be recovered from the county in which the town or 30.32city is located if the city clerk or other officer certifies the costs of the enforcement action 30.33to the county auditor as prescribed in this section. Taxes equal to the full amount of the 31.1enforcement action but not exceeding the limit in paragraph (b) must be collected by the 31.2county treasurer and paid to the city or town as other taxes are collected and paid. 31.3    Subd. 3. Tax levy authorized. A city council or county board that has formed or is 31.4a member of a new text begin community health new text end board of health may levy taxes on all taxable property in 31.5its jurisdiction to pay the cost of performing its duties under this chapter. 31.6    Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read: 31.7    Subd. 2. Levying taxes. In levying taxes authorized under section 145A.08, 31.8subdivision 3 , a city council or county board that has formed or is a member of a 31.9community health board must consider the income and expenditures required to meet 31.10local public health priorities established under section 145A.10, subdivision 5a new text begin 145A.04, new text end 31.11 new text begin subdivision 1a, clause (2) new text end , and statewide outcomes established under section 145A.12, 31.12subdivision 7 new text begin 145A.04, subdivision 1a, clause (1) new text end . 31.13    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read: 31.14145A.131 LOCAL PUBLIC HEALTH GRANT. 31.15    Subdivision 1. Funding formula for community health boards. (a) Base funding 31.16for each community health board eligible for a local public health grant under section 31.17145A.09, subdivision 2 new text begin 145A.03, subdivision 7 new text end , shall be determined by each community 31.18health board's fiscal year 2003 allocations, prior to unallotment, for the following grant 31.19programs: community health services subsidy; state and federal maternal and child health 31.20special projects grants; family home visiting grants; TANF MN ENABL grants; TANF 31.21youth risk behavior grants; and available women, infants, and children grant funds in fiscal 31.22year 2003, prior to unallotment, distributed based on the proportion of WIC participants 31.23served in fiscal year 2003 within the CHS service area. 31.24(b) Base funding for a community health board eligible for a local public health grant 31.25under section 145A.09, subdivision 2 new text begin 145A.03, subdivision 7 new text end , as determined in paragraph 31.26(a), shall be adjusted by the percentage difference between the base, as calculated in 31.27paragraph (a), and the funding available for the local public health grant. 31.28(c) Multicounty new text begin or multicity new text end community health boards shall receive a local 31.29partnership base of up to $5,000 per year for each county new text begin or city in the case of a multicity new text end 31.30 new text begin community health board new text end included in the community health board. 31.31(d) The State Community Health Advisory Committee may recommend a formula to 31.32the commissioner to use in distributing state and federal funds to community health boards 31.33organized and operating under sections new text begin 145A.03 new text end to 145A.131 to achieve locally 31.34identified priorities under section 145A.12, subdivision 7, by July 1, 2004 new text begin 145A.04, new text end 32.1 new text begin subdivision 1a new text end , for use in distributing funds to community health boards beginning 32.2January 1, 2006, and thereafter. 32.3    Subd. 2. Local match. (a) A community health board that receives a local public 32.4health grant shall provide at least a 75 percent match for the state funds received through 32.5the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d). 32.6(b) Eligible funds must be used to meet match requirements. Eligible funds include 32.7funds from local property taxes, reimbursements from third parties, fees, other local funds, 32.8and donations or nonfederal grants that are used for community health services described 32.9in section 145A.02, subdivision 6. 32.10(c) When the amount of local matching funds for a community health board is less 32.11than the amount required under paragraph (a), the local public health grant provided for 32.12that community health board under this section shall be reduced proportionally. 32.13(d) A city organized under the provision of sections new text begin 145A.03 new text end to 145A.131 32.14that levies a tax for provision of community health services is exempt from any county 32.15levy for the same services to the extent of the levy imposed by the city. 32.16    Subd. 3. Accountability. (a) Community health boards accepting local public health 32.17grants must document progress toward the statewide outcomes established in section 32.18145A.12, subdivision 7, to maintain eligibility to receive the local public health grant. 32.19 new text begin meet all of the requirements and perform all of the duties described in sections 145A.03 new text end 32.20 new text begin and 145A.04, to maintain eligibility to receive the local public health grant. new text end 32.21(b) In determining whether or not the community health board is documenting 32.22progress toward statewide outcomes, the commissioner shall consider the following factors: 32.23(1) whether the community health board has documented progress to meeting 32.24essential local activities related to the statewide outcomes, as specified in the grant 32.25agreement; 32.26(2) the effort put forth by the community health board toward the selected statewide 32.27outcomes; 32.28(3) whether the community health board has previously failed to document progress 32.29toward selected statewide outcomes under this section; 32.30(4) the amount of funding received by the community health board to address the 32.31statewide outcomes; and 32.32(5) other factors as the commissioner may require, if the commissioner specifically 32.33identifies the additional factors in the commissioner's written notice of determination. 32.34(c) If the commissioner determines that a community health board has not by 32.35the applicable deadline documented progress toward the selected statewide outcomes 32.36established under section or 145A.12, subdivision 7, the commissioner shall 33.1notify the community health board in writing and recommend specific actions that the 33.2community health board should take over the following 12 months to maintain eligibility 33.3for the local public health grant. 33.4(d) During the 12 months following the written notification, the commissioner shall 33.5provide administrative and program support to assist the community health board in 33.6taking the actions recommended in the written notification. 33.7(e) If the community health board has not taken the specific actions recommended by 33.8the commissioner within 12 months following written notification, the commissioner may 33.9determine not to distribute funds to the community health board under section 145A.12, 33.10subdivision 2 , for the next fiscal year. 33.11(f) If the commissioner determines not to distribute funds for the next fiscal year, the 33.12commissioner must give the community health board written notice of this determination 33.13and allow the community health board to appeal the determination in writing. 33.14(g) If the commissioner determines not to distribute funds for the next fiscal year 33.15to a community health board that has not documented progress toward the statewide 33.16outcomes and not taken the actions recommended by the commissioner, the commissioner 33.17may retain local public health grant funds that the community health board would have 33.18otherwise received and directly carry out essential local activities to meet the statewide 33.19outcomes, or contract with other units of government or community-based organizations 33.20to carry out essential local activities related to the statewide outcomes. 33.21(h) If the community health board that does not document progress toward the 33.22statewide outcomes is a city, the commissioner shall distribute the local public health 33.23funds that would have been allocated to that city to the county in which the city is located, 33.24if that county is part of a community health board. 33.25(i) The commissioner shall establish a reporting system by which community health 33.26boards will document their progress toward statewide outcomes. This system will be 33.27developed in consultation with the State Community Health Services Advisory Committee 33.28established in section 145A.10, subdivision 10, paragraph (a). 33.29 new text begin (b) By January 1 of each year, the commissioner shall notify community health new text end 33.30 new text begin boards of the performance-related accountability requirements of the local public health new text end 33.31 new text begin grant for that calendar year. Performance-related accountability requirements will be new text end 33.32 new text begin comprised of a subset of the annual performance measures and will be selected in new text end 33.33 new text begin consultation with the State Community Health Services Advisory Committee. new text end 33.34 new text begin (c) If the commissioner determines that a community health board has not met the new text end 33.35 new text begin accountability requirements, the commissioner shall notify the community health board in new text end 34.1 new text begin writing and recommend specific actions the community health board must take over the new text end 34.2 new text begin next six months in order to maintain eligibility for the Local Public Health Act grant. new text end 34.3 new text begin (d) Following the written notification in paragraph (c), the commissioner shall new text end 34.4 new text begin provide administrative and program support to assist the community health board as new text end 34.5 new text begin required in section 145A.06, subdivision 3a. new text end 34.6 new text begin (e) The commissioner shall provide the community health board two months new text end 34.7 new text begin following the written notification to appeal the determination in writing. new text end 34.8 new text begin (f) If the community health board has not submitted an appeal within two months new text end 34.9 new text begin or has not taken the specific actions recommended by the commissioner within six new text end 34.10 new text begin months following written notification, the commissioner may elect to not reimburse new text end 34.11 new text begin invoices for funds submitted after the six-month compliance period and shall reduce by new text end 34.12 new text begin 1/12 the community health board's annual award allocation for every successive month new text end 34.13 new text begin of noncompliance. new text end 34.14 new text begin (g) The commissioner may retain the amount of funding that would have been new text end 34.15 new text begin allocated to the community health board and assume responsibility for public health new text end 34.16 new text begin activities in the geographic area served by the community health board. new text end 34.17    Subd. 4. Responsibility of commissioner to ensure a statewide public health 34.18system. If a county withdraws from a community health board and operates as a board of 34.19health or If a community health board elects not to accept the local public health grant, 34.20the commissioner may retain the amount of funding that would have been allocated to 34.21the community health board using the formula described in subdivision 1 and assume 34.22responsibility for public health activities to meet the statewide outcomes in the geographic 34.23area served by the board of health or community health board. The commissioner may 34.24elect to directly provide public health activities to meet the statewide outcomes or contract 34.25with other units of government or with community-based organizations. If a city that is 34.26currently a community health board withdraws from a community health board or elects 34.27not to accept the local public health grant, the local public health grant funds that would 34.28have been allocated to that city shall be distributed to the county in which the city is 34.29located, if the county is part of a community health board. 34.30    Subd. 5. Local public health priorities new text begin Use of funds new text end . Community health boards 34.31may use their local public health grant to address local public health priorities identified 34.32under section 145A.10, subdivision 5a. new text begin funds to address the areas of public health new text end 34.33 new text begin responsibility and local priorities developed through the community health assessment and new text end 34.34 new text begin community health improvement planning process. new text end 34.35    Sec. 28. new text begin REVISOR'S INSTRUCTION. new text end 35.1 new text begin (a) The revisor shall change the terms "board of health" or "local board of health" or new text end 35.2 new text begin any derivative of those terms to "community health board" where it appears in Minnesota new text end 35.3 new text begin Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph new text end 35.4 new text begin (a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, new text end 35.5 new text begin subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.225, new text end 35.6 new text begin subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision new text end 35.7 new text begin 6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471, new text end 35.8 new text begin subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14; new text end 35.9 new text begin 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c). new text end 35.10 new text begin (b) The revisor shall change the cross-reference from "145A.02, subdivision 2" new text end 35.11 new text begin to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805, new text end 35.12 new text begin subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68; new text end 35.13 new text begin 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055, new text end 35.14 new text begin subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351; new text end 35.15 new text begin 144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2; new text end 35.16 new text begin 144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201, new text end 35.17 new text begin subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c). new text end 35.18    Sec. 29. new text begin REPEALER. new text end 35.19 new text begin Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions new text end 35.20 new text begin 3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4, new text end 35.21 new text begin 5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, new text end new text begin are repealed. The revisor shall new text end 35.22 new text begin remove cross-references to these repealed sections and make changes necessary to correct new text end 35.23 new text begin punctuation, grammar, or structure of the remaining text. new text end 35.24ARTICLE 3 35.25HEALTH CARE 35.26    Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, 35.27is amended to read: 35.28    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for 35.29Medicare and Medicaid Services determines that a provider is designated "high-risk," the 35.30commissioner may withhold payment from providers within that category upon initial 35.31enrollment for a 90-day period. The withholding for each provider must begin on the date 35.32of the first submission of a claim. 36.1(b) An enrolled provider that is also licensed by the commissioner under chapter 36.2245A must designate an individual as the entity's compliance officer. The compliance 36.3officer must: 36.4(1) develop policies and procedures to assure adherence to medical assistance laws 36.5and regulations and to prevent inappropriate claims submissions; 36.6(2) train the employees of the provider entity, and any agents or subcontractors of 36.7the provider entity including billers, on the policies and procedures under clause (1); 36.8(3) respond to allegations of improper conduct related to the provision or billing of 36.9medical assistance services, and implement action to remediate any resulting problems; 36.10(4) use evaluation techniques to monitor compliance with medical assistance laws 36.11and regulations; 36.12(5) promptly report to the commissioner any identified violations of medical 36.13assistance laws or regulations; and 36.14    (6) within 60 days of discovery by the provider of a medical assistance 36.15reimbursement overpayment, report the overpayment to the commissioner and make 36.16arrangements with the commissioner for the commissioner's recovery of the overpayment. 36.17The commissioner may require, as a condition of enrollment in medical assistance, that a 36.18provider within a particular industry sector or category establish a compliance program that 36.19contains the core elements established by the Centers for Medicare and Medicaid Services. 36.20(c) The commissioner may revoke the enrollment of an ordering or rendering 36.21provider for a period of not more than one year, if the provider fails to maintain and, upon 36.22request from the commissioner, provide access to documentation relating to written orders 36.23or requests for payment for durable medical equipment, certifications for home health 36.24services, or referrals for other items or services written or ordered by such provider, when 36.25the commissioner has identified a pattern of a lack of documentation. A pattern means a 36.26failure to maintain documentation or provide access to documentation on more than one 36.27occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a 36.28provider under the provisions of section 256B.064. 36.29(d) The commissioner shall terminate or deny the enrollment of any individual or 36.30entity if the individual or entity has been terminated from participation in Medicare or 36.31under the Medicaid program or Children's Health Insurance Program of any other state. 36.32(e) As a condition of enrollment in medical assistance, the commissioner shall 36.33require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 36.34and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 36.35Services, its agents, or its designated contractors and the state agency, its agents, or its 36.36designated contractors to conduct unannounced on-site inspections of any provider location. 37.1The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 37.2list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 37.3and standards used to designate Medicare providers in Code of Federal Regulations, title 37.442, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 37.5The commissioner's designations are not subject to administrative appeal. 37.6(f) As a condition of enrollment in medical assistance, the commissioner shall 37.7require that a high-risk provider, or a person with a direct or indirect ownership interest in 37.8the provider of five percent or higher, consent to criminal background checks, including 37.9fingerprinting, when required to do so under state law or by a determination by the 37.10commissioner or the Centers for Medicare and Medicaid Services that a provider is 37.11designated high-risk for fraud, waste, or abuse. 37.12(g)(1) Upon initial enrollment, reenrollment, and new text begin notification of new text end revalidation, all 37.13durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) new text begin medical new text end 37.14 suppliers new text begin meeting the durable medical equipment provider and supplier definition in clause new text end 37.15 new text begin (3), new text end operating in Minnesota and receiving Medicaid funds must purchase a surety bond 37.16that is annually renewed and designates the Minnesota Department of Human Services as 37.17the obligee, and must be submitted in a form approved by the commissioner. new text begin For purposes new text end 37.18 new text begin of this clause, the following medical suppliers are not required to obtain a surety bond: new text end 37.19 new text begin a federally qualified health center, a home health agency, the Indian Health Service, a new text end 37.20 new text begin pharmacy, and a rural health clinic. new text end 37.21(2) At the time of initial enrollment or reenrollment, the provider agency new text begin durable new text end 37.22 new text begin medical equipment providers and suppliers defined in clause (3) new text end must purchase a 37.23performance new text begin surety new text end bond of $50,000. If a revalidating provider's Medicaid revenue in 37.24the previous calendar year is up to and including $300,000, the provider agency must 37.25purchase a performance new text begin surety new text end bond of $50,000. If a revalidating provider's Medicaid 37.26revenue in the previous calendar year is over $300,000, the provider agency must purchase 37.27a performance new text begin surety new text end bond of $100,000. The performance new text begin surety new text end bond must allow for 37.28recovery of costs and fees in pursuing a claim on the bond. 37.29 new text begin (3) "Durable medical equipment provider or supplier" means a medical supplier that new text end 37.30 new text begin can purchase medical equipment or supplies for sale or rental to the general public and new text end 37.31 new text begin is able to perform or arrange for necessary repairs to and maintenance of equipment new text end 37.32 new text begin offered for sale or rental. new text end 37.33(h) The Department of Human Services may require a provider to purchase a 37.34performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, 37.35or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the 37.36department determines there is significant evidence of or potential for fraud and abuse by 38.1the provider, or (3) the provider or category of providers is designated high-risk pursuant 38.2to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The 38.3performance new text begin surety new text end bond must be in an amount of $100,000 or ten percent of the provider's 38.4payments from Medicaid during the immediately preceding 12 months, whichever is 38.5greater. The performance new text begin surety new text end bond must name the Department of Human Services as 38.6an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond. 38.7 new text begin This paragraph does not apply if the provider currently maintains a surety bond under the new text end 38.8 new text begin requirements in section 256B.0659 or 256B.85. new text end 38.9    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9, 38.10is amended to read: 38.11    Subd. 9. Dental services. (a) Medical assistance covers dental services. 38.12(b) Medical assistance dental coverage for nonpregnant adults is limited to the 38.13following services: 38.14(1) comprehensive exams, limited to once every five years; 38.15(2) periodic exams, limited to one per year; 38.16(3) limited exams; 38.17(4) bitewing x-rays, limited to one per year; 38.18(5) periapical x-rays; 38.19(6) panoramic x-rays, limited to one every five years except (1) when medically 38.20necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma 38.21or (2) once every two years for patients who cannot cooperate for intraoral film due to 38.22a developmental disability or medical condition that does not allow for intraoral film 38.23placement; 38.24(7) prophylaxis, limited to one per year; 38.25(8) application of fluoride varnish, limited to one per year; 38.26(9) posterior fillings, all at the amalgam rate; 38.27(10) anterior fillings; 38.28(11) endodontics, limited to root canals on the anterior and premolars only; 38.29(12) removable prostheses, each dental arch limited to one every six years; 38.30(13) oral surgery, limited to extractions, biopsies, and incision and drainage of 38.31abscesses; 38.32(14) palliative treatment and sedative fillings for relief of pain; and 38.33(15) full-mouth debridement, limited to one every five years. 39.1(c) In addition to the services specified in paragraph (b), medical assistance 39.2covers the following services for adults, if provided in an outpatient hospital setting or 39.3freestanding ambulatory surgical center as part of outpatient dental surgery: 39.4(1) periodontics, limited to periodontal scaling and root planing once every two years; 39.5(2) general anesthesia; and 39.6(3) full-mouth survey once every five years. 39.7(d) Medical assistance covers medically necessary dental services for children and 39.8pregnant women. The following guidelines apply: 39.9(1) posterior fillings are paid at the amalgam rate; 39.10(2) application of sealants are covered once every five years per permanent molar for 39.11children only; 39.12(3) application of fluoride varnish is covered once every six months; and 39.13(4) orthodontia is eligible for coverage for children only. 39.14(e) In addition to the services specified in paragraphs (b) and (c), medical assistance 39.15covers the following services for adults: 39.16(1) house calls or extended care facility calls for on-site delivery of covered services; 39.17(2) behavioral management when additional staff time is required to accommodate 39.18behavioral challenges and sedation is not used; 39.19(3) oral or IV sedation, if the covered dental service cannot be performed safely 39.20without it or would otherwise require the service to be performed under general anesthesia 39.21in a hospital or surgical center; and 39.22(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but 39.23no more than four times per year. 39.24 new text begin (f) The commissioner shall not require prior authorization for the services included new text end 39.25 new text begin in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based new text end 39.26 new text begin purchasing plans from requiring prior authorization for the services included in paragraph new text end 39.27 new text begin (e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12. new text end 39.28    Sec. 3. Minnesota Statutes 2012, section 256B.0751, is amended by adding a 39.29subdivision to read: 39.30     new text begin Subd. 10. new text end new text begin Health care homes advisory committee. new text end new text begin (a) The commissioners of new text end 39.31 new text begin health and human services shall establish a health care homes advisory committee to new text end 39.32 new text begin advise the commissioners on the ongoing statewide implementation of the health care new text end 39.33 new text begin homes program authorized in section 256B.072. new text end 39.34 new text begin (b) The commissioners shall establish an advisory committee that includes new text end 39.35 new text begin representatives of the health care professions such as primary care providers; nursing new text end 40.1 new text begin and care coordinators; certified health care home clinics with statewide representation; new text end 40.2 new text begin health plan companies; state agencies; employers; academic researchers; consumers; and new text end 40.3 new text begin organizations that work to improve health care quality in Minnesota. At least 25 percent new text end 40.4 new text begin of the committee members must be consumers or patients in health care homes. new text end 40.5 new text begin (c) The advisory committee shall advise the commissioners on ongoing new text end 40.6 new text begin implementation of the health care homes program, including, but not limited to, the new text end 40.7 new text begin following activities: new text end 40.8 new text begin (1) implementation of certified health care homes across the state on performance new text end 40.9 new text begin management and implementation of benchmarking; new text end 40.10 new text begin (2) implementation of modifications to the health care homes program based on new text end 40.11 new text begin results of the legislatively mandated health care home evaluation; new text end 40.12 new text begin (3) statewide solutions for engagement of employers and commercial payers; new text end 40.13 new text begin (4) potential modifications of the health care home rules or statutes; new text end 40.14 new text begin (5) consumer engagement, including patient and family-centered care, patient new text end 40.15 new text begin activation in health care, and shared decision making; new text end 40.16 new text begin (6) oversight for health care home subject matter task forces or workgroups; and new text end 40.17 new text begin (7) other related issues as requested by the commissioners. new text end 40.18 new text begin (d) The advisory committee shall have the ability to establish subcommittees on new text end 40.19 new text begin specific topics. The advisory committee is governed by section 15.059. Notwithstanding new text end 40.20 new text begin section 15.059, the advisory committee does not expire. new text end 40.21    Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read: 40.22    Subd. 16. Project extension. Minnesota Rules, parts 9500.1450; 9500.1451; 40.239500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458; 40.249500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464 are extended. 40.25    Sec. 5. new text begin RULEMAKING; REDUNDANT PROVISION REGARDING new text end 40.26 new text begin TRANSITION LENSES. new text end 40.27 new text begin The commissioner of human services shall amend Minnesota Rules, part 9505.0277, new text end 40.28 new text begin subpart 3, to remove transition lenses from the list of eyeglass services not eligible for new text end 40.29 new text begin payment under the medical assistance program. The commissioner may use the good new text end 40.30 new text begin cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt new text end 40.31 new text begin rules under this section. Minnesota Statutes, section 14.386, does not apply except as new text end 40.32 new text begin provided in Minnesota Statutes, section 14.388. new text end 40.33    Sec. 6. new text begin FEDERAL APPROVAL. new text end 41.1 new text begin By October 1, 2015, the commissioner of human services shall seek federal authority new text end 41.2 new text begin to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid new text end 41.3 new text begin plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI). new text end 41.4 new text begin To be eligible, an individual must have family income at or below 200 percent of the new text end 41.5 new text begin federal poverty guidelines, except that for an individual under age 21, only the income of new text end 41.6 new text begin the individual must be considered in determining eligibility. Services under this program new text end 41.7 new text begin must be available on a presumptive eligibility basis. new text end 41.8    Sec. 7. new text begin REVISOR'S INSTRUCTION. new text end 41.9 new text begin The revisor of statutes shall remove cross-references to the sections and parts new text end 41.10 new text begin repealed in section 8, paragraphs (a) and (b), wherever they appear in Minnesota Rules new text end 41.11 new text begin and shall make changes necessary to correct the punctuation, grammar, or structure of the new text end 41.12 new text begin remaining text and preserve its meanings. new text end 41.13    Sec. 8. new text begin REPEALER. new text end 41.14 new text begin (a) new text end new text begin Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart new text end 41.15 new text begin 3; and 9500.1456, new text end new text begin are repealed. new text end 41.16 new text begin (b) new text end new text begin Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and new text end 41.17 new text begin 9505.5325, new text end new text begin are repealed contingent upon federal approval of the state Medicaid plan new text end 41.18 new text begin amendment under section 6. The commissioner of human services shall notify the revisor new text end 41.19 new text begin of statutes when this occurs. new text end 41.20ARTICLE 4 41.21CONTINUING CARE 41.22    Section 1. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to 41.23read: 41.24    Subdivision 1. Definitions. (a) "Complex private duty new text begin home care new text end nursing care" 41.25means new text begin home care new text end nursing services provided to recipients who are ventilator dependent or 41.26for whom a physician has certified that the recipient would meet the criteria for inpatient 41.27hospital intensive care unit (ICU) level of care new text begin meet the criteria for regular home care new text end 41.28 new text begin nursing and require life-sustaining interventions to reduce the risk of long-term injury new text end 41.29 new text begin or death new text end . 41.30(b) "Private duty new text begin Home care new text end nursing" means ongoing professional new text begin physician-ordered new text end 41.31 new text begin hourly new text end nursing services by a registered or licensed practical nurse including assessment, 41.32professional nursing tasks, and education, based on an assessment and physician orders 41.33to maintain or restore optimal health of the recipient. new text begin performed by a registered nurse or new text end 42.1 new text begin licensed practical nurse within the scope of practice as defined by the Minnesota Nurse new text end 42.2 new text begin Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's new text end 42.3 new text begin health. new text end 42.4(c) "Private duty new text begin Home care new text end nursing agency" means a medical assistance enrolled 42.5provider licensed under chapter 144A to provide private duty new text begin home care new text end nursing services. 42.6(d) "Regular private duty new text begin home care new text end nursing" means nursing services provided to 42.7a recipient who is considered stable and not at an inpatient hospital intensive care unit 42.8level of care, but may have episodes of instability that are not life threatening. new text begin home new text end 42.9 new text begin care nursing provided because: new text end 42.10 new text begin (1) the recipient requires more individual and continuous care than can be provided new text end 42.11 new text begin during a skilled nurse visit; or new text end 42.12 new text begin (2) the cares are outside of the scope of services that can be provided by a home new text end 42.13 new text begin health aide or personal care assistant. new text end 42.14(e) "Shared private duty new text begin home care new text end nursing" means the provision of new text begin home care new text end 42.15nursing services by a private duty new text begin home care new text end nurse to two recipients at the same time 42.16and in the same setting. 42.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 42.18    Sec. 2. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read: 42.19    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant 42.20must meet the following requirements: 42.21    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years 42.22of age with these additional requirements: 42.23    (i) supervision by a qualified professional every 60 days; and 42.24    (ii) employment by only one personal care assistance provider agency responsible 42.25for compliance with current labor laws; 42.26    (2) be employed by a personal care assistance provider agency; 42.27    (3) enroll with the department as a personal care assistant after clearing a background 42.28study. Except as provided in subdivision 11a, before a personal care assistant provides 42.29services, the personal care assistance provider agency must initiate a background study on 42.30the personal care assistant under chapter 245C, and the personal care assistance provider 42.31agency must have received a notice from the commissioner that the personal care assistant 42.32is: 42.33    (i) not disqualified under section 245C.14; or 42.34    (ii) is disqualified, but the personal care assistant has received a set aside of the 42.35disqualification under section 245C.22; 43.1    (4) be able to effectively communicate with the recipient and personal care 43.2assistance provider agency; 43.3    (5) be able to provide covered personal care assistance services according to the 43.4recipient's personal care assistance care plan, respond appropriately to recipient needs, 43.5and report changes in the recipient's condition to the supervising qualified professional 43.6or physician; 43.7    (6) not be a consumer of personal care assistance services; 43.8    (7) maintain daily written records including, but not limited to, time sheets under 43.9subdivision 12; 43.10    (8) effective January 1, 2010, complete standardized training as determined 43.11by the commissioner before completing enrollment. The training must be available 43.12in languages other than English and to those who need accommodations due to 43.13disabilities. Personal care assistant training must include successful completion of the 43.14following training components: basic first aid, vulnerable adult, child maltreatment, 43.15OSHA universal precautions, basic roles and responsibilities of personal care assistants 43.16including information about assistance with lifting and transfers for recipients, emergency 43.17preparedness, orientation to positive behavioral practices, fraud issues, and completion of 43.18time sheets. Upon completion of the training components, the personal care assistant must 43.19demonstrate the competency to provide assistance to recipients; 43.20    (9) complete training and orientation on the needs of the recipient; and 43.21    (10) be limited to providing and being paid for up to 275 hours per month of personal 43.22care assistance services regardless of the number of recipients being served or the number 43.23of personal care assistance provider agencies enrolled with. The number of hours worked 43.24per day shall not be disallowed by the department unless in violation of the law. 43.25    (b) A legal guardian may be a personal care assistant if the guardian is not being paid 43.26for the guardian services and meets the criteria for personal care assistants in paragraph (a). 43.27    (c) Persons who do not qualify as a personal care assistant include parents, 43.28stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family 43.29foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; 43.30and staff of a residential setting. When the personal care assistant is a relative of the 43.31recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is 43.32effective July 1, 2013. For purposes of this section, relative means the parent or adoptive 43.33parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or 43.34a grandchild. 43.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.1    Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21, 44.2is amended to read: 44.3    Subd. 21. Requirements for provider enrollment of personal care assistance 44.4provider agencies. (a) All personal care assistance provider agencies must provide, at the 44.5time of enrollment, reenrollment, and revalidation as a personal care assistance provider 44.6agency in a format determined by the commissioner, information and documentation that 44.7includes, but is not limited to, the following: 44.8    (1) the personal care assistance provider agency's current contact information 44.9including address, telephone number, and e-mail address; 44.10    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's 44.11Medicaid revenue in the previous calendar year is up to and including $300,000, the 44.12provider agency must purchase a performance new text begin surety new text end bond of $50,000. If the Medicaid 44.13revenue in the previous year is over $300,000, the provider agency must purchase a 44.14performance new text begin surety new text end bond of $100,000. The performance new text begin surety new text end bond must be in a form 44.15approved by the commissioner, must be renewed annually, and must allow for recovery of 44.16costs and fees in pursuing a claim on the bond; 44.17    (3) proof of fidelity bond coverage in the amount of $20,000; 44.18    (4) proof of workers' compensation insurance coverage; 44.19    (5) proof of liability insurance; 44.20    (6) a description of the personal care assistance provider agency's organization 44.21identifying the names of all owners, managing employees, staff, board of directors, and 44.22the affiliations of the directors, owners, or staff to other service providers; 44.23    (7) a copy of the personal care assistance provider agency's written policies and 44.24procedures including: hiring of employees; training requirements; service delivery; 44.25and employee and consumer safety including process for notification and resolution 44.26of consumer grievances, identification and prevention of communicable diseases, and 44.27employee misconduct; 44.28    (8) copies of all other forms the personal care assistance provider agency uses in 44.29the course of daily business including, but not limited to: 44.30    (i) a copy of the personal care assistance provider agency's time sheet if the time 44.31sheet varies from the standard time sheet for personal care assistance services approved 44.32by the commissioner, and a letter requesting approval of the personal care assistance 44.33provider agency's nonstandard time sheet; 44.34    (ii) the personal care assistance provider agency's template for the personal care 44.35assistance care plan; and 45.1    (iii) the personal care assistance provider agency's template for the written 45.2agreement in subdivision 20 for recipients using the personal care assistance choice 45.3option, if applicable; 45.4    (9) a list of all training and classes that the personal care assistance provider agency 45.5requires of its staff providing personal care assistance services; 45.6    (10) documentation that the personal care assistance provider agency and staff have 45.7successfully completed all the training required by this section; 45.8    (11) documentation of the agency's marketing practices; 45.9    (12) disclosure of ownership, leasing, or management of all residential properties 45.10that is used or could be used for providing home care services; 45.11    (13) documentation that the agency will use the following percentages of revenue 45.12generated from the medical assistance rate paid for personal care assistance services 45.13for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 45.14personal care assistance choice option and 72.5 percent of revenue from other personal 45.15care assistance providers. The revenue generated by the qualified professional and the 45.16reasonable costs associated with the qualified professional shall not be used in making 45.17this calculation; and 45.18    (14) effective May 15, 2010, documentation that the agency does not burden 45.19recipients' free exercise of their right to choose service providers by requiring personal 45.20care assistants to sign an agreement not to work with any particular personal care 45.21assistance recipient or for another personal care assistance provider agency after leaving 45.22the agency and that the agency is not taking action on any such agreements or requirements 45.23regardless of the date signed. 45.24    (b) Personal care assistance provider agencies shall provide the information specified 45.25in paragraph (a) to the commissioner at the time the personal care assistance provider 45.26agency enrolls as a vendor or upon request from the commissioner. The commissioner 45.27shall collect the information specified in paragraph (a) from all personal care assistance 45.28providers beginning July 1, 2009. 45.29    (c) All personal care assistance provider agencies shall require all employees in 45.30management and supervisory positions and owners of the agency who are active in the 45.31day-to-day management and operations of the agency to complete mandatory training 45.32as determined by the commissioner before enrollment of the agency as a provider. 45.33Employees in management and supervisory positions and owners who are active in 45.34the day-to-day operations of an agency who have completed the required training as 45.35an employee with a personal care assistance provider agency do not need to repeat 45.36the required training if they are hired by another agency, if they have completed the 46.1training within the past three years. By September 1, 2010, the required training must 46.2be available with meaningful access according to title VI of the Civil Rights Act and 46.3federal regulations adopted under that law or any guidance from the United States Health 46.4and Human Services Department. The required training must be available online or by 46.5electronic remote connection. The required training must provide for competency testing. 46.6Personal care assistance provider agency billing staff shall complete training about 46.7personal care assistance program financial management. This training is effective July 1, 46.82009. Any personal care assistance provider agency enrolled before that date shall, if it 46.9has not already, complete the provider training within 18 months of July 1, 2009. Any new 46.10owners or employees in management and supervisory positions involved in the day-to-day 46.11operations are required to complete mandatory training as a requisite of working for the 46.12agency. Personal care assistance provider agencies certified for participation in Medicare 46.13as home health agencies are exempt from the training required in this subdivision. When 46.14available, Medicare-certified home health agency owners, supervisors, or managers must 46.15successfully complete the competency test. 46.16    Sec. 4. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read: 46.17    Subd. 28. Personal care assistance provider agency; required documentation. 46.18(a) Required documentation must be completed and kept in the personal care assistance 46.19provider agency file or the recipient's home residence. The required documentation 46.20consists of: 46.21(1) employee files, including: 46.22(i) applications for employment; 46.23(ii) background study requests and results; 46.24(iii) orientation records about the agency policies; 46.25(iv) trainings completed with demonstration of competence; 46.26(v) supervisory visits; 46.27(vi) evaluations of employment; and 46.28(vii) signature on fraud statement; 46.29(2) recipient files, including: 46.30(i) demographics; 46.31(ii) emergency contact information and emergency backup plan; 46.32(iii) personal care assistance service plan; 46.33(iv) personal care assistance care plan; 46.34(v) month-to-month service use plan; 46.35(vi) all communication records; 47.1(vii) start of service information, including the written agreement with recipient; and 47.2(viii) date the home care bill of rights was given to the recipient; 47.3(3) agency policy manual, including: 47.4(i) policies for employment and termination; 47.5(ii) grievance policies with resolution of consumer grievances; 47.6(iii) staff and consumer safety; 47.7(iv) staff misconduct; and 47.8(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 47.9resolution of consumer grievances; 47.10(4) time sheets for each personal care assistant along with completed activity sheets 47.11for each recipient served; new text begin and new text end 47.12(5) agency marketing and advertising materials and documentation of marketing 47.13activities and costs; and new text begin . new text end 47.14(6) for each personal care assistant, whether or not the personal care assistant is 47.15providing care to a relative as defined in subdivision 11. 47.16(b) The commissioner may assess a fine of up to $500 on provider agencies that do 47.17not consistently comply with the requirements of this subdivision. 47.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.19    Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1, 47.20is amended to read: 47.21    Subdivision 1. Essential community supports. (a) The purpose of the essential 47.22community supports program is to provide targeted services to persons age 65 and older 47.23who need essential community support, but whose needs do not meet the level of care 47.24required for nursing facility placement under section 144.0724, subdivision 11. 47.25(b) Essential community supports are available not to exceed $400 per person per 47.26month. Essential community supports may be used as authorized within an authorization 47.27period not to exceed 12 months. Services must be available to a person who: 47.28(1) is age 65 or older; 47.29(2) is not eligible for medical assistance; 47.30(3) has received a community assessment under section 256B.0911, subdivision 3a 47.31or 3b, and does not require the level of care provided in a nursing facility; 47.32(4) meets the financial eligibility criteria for the alternative care program under 47.33section 256B.0913, subdivision 4; 47.34(5) has a community support plan; and 48.1(6) has been determined by a community assessment under section 256B.0911, 48.2subdivision 3a or 3b, to be a person who would require provision of at least one of the 48.3following services, as defined in the approved elderly waiver plan, in order to maintain 48.4their community residence: 48.5(i) new text begin adult day services; new text end 48.6 new text begin (ii) new text end caregiver support; 48.7(ii) new text begin (iii) new text end homemaker support; 48.8(iii) new text begin (iv) new text end chores; 48.9(iv) new text begin (v) new text end a personal emergency response device or system; 48.10(v) new text begin (vi) new text end home-delivered meals; or 48.11(vi) new text begin (vii) new text end community living assistance as defined by the commissioner. 48.12(c) The person receiving any of the essential community supports in this subdivision 48.13must also receive service coordination, not to exceed $600 in a 12-month authorization 48.14period, as part of their community support plan. 48.15(d) A person who has been determined to be eligible for essential community 48.16supports must be reassessed at least annually and continue to meet the criteria in paragraph 48.17(b) to remain eligible for essential community supports. 48.18(e) The commissioner is authorized to use federal matching funds for essential 48.19community supports as necessary and to meet demand for essential community supports 48.20as outlined in subdivision 2, and that amount of federal funds is appropriated to the 48.21commissioner for this purpose. 48.22    Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10, 48.23is amended to read: 48.24    Subd. 10. Enrollment requirements. All new text begin (a) Except as provided in paragraph (b), new text end 48.25 new text begin the following new text end home and community-based waiver providers must provide, at the time of 48.26enrollment and within 30 days of a request, in a format determined by the commissioner, 48.27information and documentation that includes, but is not limited to, the following: 48.28(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the 48.29provider's payments from Medicaid in the previous calendar year, whichever is greater; 48.30(2) proof of fidelity bond coverage in the amount of $20,000; and 48.31(3) proof of liability insurance. new text begin : new text end 48.32 new text begin (1) waiver services providers required to meet the provider standards in chapter 245D; new text end 48.33 new text begin (2) foster care providers whose services are funded by the elderly waiver or new text end 48.34 new text begin alternative care program; new text end 48.35 new text begin (3) fiscal support entities; new text end 49.1 new text begin (4) adult day care providers; new text end 49.2 new text begin (5) providers of customized living services; and new text end 49.3 new text begin (6) residential care providers. new text end 49.4 new text begin (b) Providers of foster care services covered by section 245.814 are exempt from new text end 49.5 new text begin this subdivision. new text end 49.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 49.7    Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read: 49.8256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE 49.9WITH DISABILITIES. 49.10(a) Individuals receiving services under a home and community-based waiver under 49.11section 256B.092 or 256B.49 may receive services in the following settings: 49.12(1) an individual's own home or family home; 49.13(2) a licensed adult foster care or child foster care setting of up to five people new text begin or new text end 49.14 new text begin community residential setting of up to five people new text end ; and 49.15(3) community living settings as defined in section 256B.49, subdivision 23, where 49.16individuals with disabilities may reside in all of the units in a building of four or fewer 49.17units, and no more than the greater of four or 25 percent of the units in a multifamily 49.18building of more than four units, unless required by the Housing Opportunities for Persons 49.19with AIDS Program. 49.20(b) The settings in paragraph (a) must not: 49.21(1) be located in a building that is a publicly or privately operated facility that 49.22provides institutional treatment or custodial care; 49.23(2) be located in a building on the grounds of or adjacent to a public or private 49.24institution; 49.25(3) be a housing complex designed expressly around an individual's diagnosis or 49.26disability, unless required by the Housing Opportunities for Persons with AIDS Program; 49.27(4) be segregated based on a disability, either physically or because of setting 49.28characteristics, from the larger community; and 49.29(5) have the qualities of an institution which include, but are not limited to: 49.30regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions 49.31agreed to and documented in the person's individual service plan shall not result in a 49.32residence having the qualities of an institution as long as the restrictions for the person are 49.33not imposed upon others in the same residence and are the least restrictive alternative, 49.34imposed for the shortest possible time to meet the person's needs. 50.1(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which 50.2individuals receive services under a home and community-based waiver as of July 1, 50.32012, and the setting does not meet the criteria of this section. 50.4(d) Notwithstanding paragraph (c), a program in Hennepin County established as 50.5part of a Hennepin County demonstration project is qualified for the exception allowed 50.6under paragraph (c). 50.7(e) The commissioner shall submit an amendment to the waiver plan no later than 50.8December 31, 2012. 50.9    Sec. 8. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read: 50.10    Subdivision 1. Commissioner's duties; report. The commissioner of human 50.11services shall solicit proposals for the conversion of services provided for persons with 50.12disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, new text begin or new text end 50.13 new text begin community residential settings licensed under chapter 245D, new text end to other types of community 50.14settings in conjunction with the closure of identified licensed adult foster care settings. 50.15    Sec. 9. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read: 50.16    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated 50.17risk-based managed care option for services in an intermediate care facility for persons 50.18with developmental disabilities according to the terms and conditions of the federal 50.19agreement governing the managed care pilot. The commissioner may grant a variance 50.20to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts 50.219525.1200 to 9525.1330 and 9525.1580. 50.22    Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, 50.23is amended to read: 50.24    Subd. 12. Requirements for enrollment of CFSS provider agencies. (a) All CFSS 50.25provider agencies must provide, at the time of enrollment, reenrollment, and revalidation 50.26as a CFSS provider agency in a format determined by the commissioner, information and 50.27documentation that includes, but is not limited to, the following: 50.28(1) the CFSS provider agency's current contact information including address, 50.29telephone number, and e-mail address; 50.30(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's 50.31Medicaid revenue in the previous calendar year is less than or equal to $300,000, the 50.32provider agency must purchase a performance new text begin surety new text end bond of $50,000. If the provider 50.33agency's Medicaid revenue in the previous calendar year is greater than $300,000, the 51.1provider agency must purchase a performance new text begin surety new text end bond of $100,000. The performance 51.2 new text begin surety new text end bond must be in a form approved by the commissioner, must be renewed annually, 51.3and must allow for recovery of costs and fees in pursuing a claim on the bond; 51.4(3) proof of fidelity bond coverage in the amount of $20,000; 51.5(4) proof of workers' compensation insurance coverage; 51.6(5) proof of liability insurance; 51.7(6) a description of the CFSS provider agency's organization identifying the names 51.8of all owners, managing employees, staff, board of directors, and the affiliations of the 51.9directors, owners, or staff to other service providers; 51.10(7) a copy of the CFSS provider agency's written policies and procedures including: 51.11hiring of employees; training requirements; service delivery; and employee and consumer 51.12safety including process for notification and resolution of consumer grievances, 51.13identification and prevention of communicable diseases, and employee misconduct; 51.14(8) copies of all other forms the CFSS provider agency uses in the course of daily 51.15business including, but not limited to: 51.16(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from 51.17the standard time sheet for CFSS services approved by the commissioner, and a letter 51.18requesting approval of the CFSS provider agency's nonstandard time sheet; and 51.19(ii) the CFSS provider agency's template for the CFSS care plan; 51.20(9) a list of all training and classes that the CFSS provider agency requires of its 51.21staff providing CFSS services; 51.22(10) documentation that the CFSS provider agency and staff have successfully 51.23completed all the training required by this section; 51.24(11) documentation of the agency's marketing practices; 51.25(12) disclosure of ownership, leasing, or management of all residential properties 51.26that are used or could be used for providing home care services; 51.27(13) documentation that the agency will use at least the following percentages of 51.28revenue generated from the medical assistance rate paid for CFSS services for employee 51.29personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. 51.30The revenue generated by the support specialist and the reasonable costs associated with 51.31the support specialist shall not be used in making this calculation; and 51.32(14) documentation that the agency does not burden recipients' free exercise of their 51.33right to choose service providers by requiring personal care assistants to sign an agreement 51.34not to work with any particular CFSS recipient or for another CFSS provider agency after 51.35leaving the agency and that the agency is not taking action on any such agreements or 51.36requirements regardless of the date signed. 52.1(b) CFSS provider agencies shall provide to the commissioner the information 52.2specified in paragraph (a). 52.3(c) All CFSS provider agencies shall require all employees in management and 52.4supervisory positions and owners of the agency who are active in the day-to-day 52.5management and operations of the agency to complete mandatory training as determined 52.6by the commissioner. Employees in management and supervisory positions and owners 52.7who are active in the day-to-day operations of an agency who have completed the required 52.8training as an employee with a CFSS provider agency do not need to repeat the required 52.9training if they are hired by another agency, if they have completed the training within 52.10the past three years. CFSS provider agency billing staff shall complete training about 52.11CFSS program financial management. Any new owners or employees in management 52.12and supervisory positions involved in the day-to-day operations are required to complete 52.13mandatory training as a requisite of working for the agency. CFSS provider agencies 52.14certified for participation in Medicare as home health agencies are exempt from the 52.15training required in this subdivision. 52.16    Sec. 11. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read: 52.17    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt 52.18rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use 52.19of the emergency program under MFIP as the primary financial resource when available. 52.20The commissioner shall adopt rules for eligibility for general assistance of persons with 52.21seasonal income and may attribute seasonal income to other periods not in excess of one 52.22year from receipt by an applicant or recipient. General assistance payments may not be 52.23made for foster care, new text begin community residential settings licensed under chapter 245D, new text end child 52.24welfare services, or other social services. Vendor payments and vouchers may be issued 52.25only as authorized in sections 256D.05, subdivision 6, and 256D.09. 52.26    Sec. 12. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is 52.27amended to read: 52.28    Subd. 5. Special needs. In addition to the state standards of assistance established in 52.29subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 52.30Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 52.31center, or a group residential housing facility. 52.32    (a) The county agency shall pay a monthly allowance for medically prescribed 52.33diets if the cost of those additional dietary needs cannot be met through some other 52.34maintenance benefit. The need for special diets or dietary items must be prescribed by 53.1a licensed physician. Costs for special diets shall be determined as percentages of the 53.2allotment for a one-person household under the thrifty food plan as defined by the United 53.3States Department of Agriculture. The types of diets and the percentages of the thrifty 53.4food plan that are covered are as follows: 53.5    (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan; 53.6    (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 53.7of thrifty food plan; 53.8    (3) controlled protein diet, less than 40 grams and requires special products, 125 53.9percent of thrifty food plan; 53.10    (4) low cholesterol diet, 25 percent of thrifty food plan; 53.11    (5) high residue diet, 20 percent of thrifty food plan; 53.12    (6) pregnancy and lactation diet, 35 percent of thrifty food plan; 53.13    (7) gluten-free diet, 25 percent of thrifty food plan; 53.14    (8) lactose-free diet, 25 percent of thrifty food plan; 53.15    (9) antidumping diet, 15 percent of thrifty food plan; 53.16    (10) hypoglycemic diet, 15 percent of thrifty food plan; or 53.17    (11) ketogenic diet, 25 percent of thrifty food plan. 53.18    (b) Payment for nonrecurring special needs must be allowed for necessary home 53.19repairs or necessary repairs or replacement of household furniture and appliances using 53.20the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 53.21as long as other funding sources are not available. 53.22    (c) A fee for guardian or conservator service is allowed at a reasonable rate 53.23negotiated by the county or approved by the court. This rate shall not exceed five percent 53.24of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 53.25guardian or conservator is a member of the county agency staff, no fee is allowed. 53.26    (d) The county agency shall continue to pay a monthly allowance of $68 for 53.27restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 53.281990, and who eats two or more meals in a restaurant daily. The allowance must continue 53.29until the person has not received Minnesota supplemental aid for one full calendar month 53.30or until the person's living arrangement changes and the person no longer meets the criteria 53.31for the restaurant meal allowance, whichever occurs first. 53.32    (e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 53.33is allowed for representative payee services provided by an agency that meets the 53.34requirements under SSI regulations to charge a fee for representative payee services. This 53.35special need is available to all recipients of Minnesota supplemental aid regardless of 53.36their living arrangement. 54.1    (f)(1) Notwithstanding the language in this subdivision, an amount equal to the 54.2maximum allotment authorized by the federal Food Stamp Program for a single individual 54.3which is in effect on the first day of July of each year will be added to the standards of 54.4assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify 54.5as shelter needy and are: (i) relocating from an institution, or an adult mental health 54.6residential treatment program under section 256B.0622; (ii) eligible for the self-directed 54.7supports option as defined under section 256B.0657, subdivision 2; or (iii) home and 54.8community-based waiver recipients living in their own home or rented or leased apartment 54.9which is not owned, operated, or controlled by a provider of service not related by blood 54.10or marriage, unless allowed under paragraph (g). 54.11    (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 54.12shelter needy benefit under this paragraph is considered a household of one. An eligible 54.13individual who receives this benefit prior to age 65 may continue to receive the benefit 54.14after the age of 65. 54.15    (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 54.16exceed 40 percent of the assistance unit's gross income before the application of this 54.17special needs standard. "Gross income" for the purposes of this section is the applicant's or 54.18recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 54.19in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 54.20state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 54.21considered shelter needy for purposes of this paragraph. 54.22(g) Notwithstanding this subdivision, to access housing and services as provided 54.23in paragraph (f), the recipient may choose housing that may be owned, operated, or 54.24controlled by the recipient's service provider. In a multifamily building of more than four 54.25units, the maximum number of units that may be used by recipients of this program shall 54.26be the greater of four units or 25 percent of the units in the building, unless required by the 54.27Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four 54.28or fewer units, all of the units may be used by recipients of this program. When housing is 54.29controlled by the service provider, the individual may choose the individual's own service 54.30provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is 54.31controlled by the service provider, the service provider shall implement a plan with the 54.32recipient to transition the lease to the recipient's name. Within two years of signing the 54.33initial lease, the service provider shall transfer the lease entered into under this subdivision 54.34to the recipient. In the event the landlord denies this transfer, the commissioner may 54.35approve an exception within sufficient time to ensure the continued occupancy by the 54.36recipient. This paragraph expires June 30, 2016. 55.1    Sec. 13. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read: 55.2    Subd. 6. Excluded time. "Excluded time" means: 55.3(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter 55.4other than an emergency shelter, halfway house, foster home, new text begin community residential new text end 55.5 new text begin setting licensed under chapter 245D, new text end semi-independent living domicile or services 55.6program, residential facility offering care, board and lodging facility or other institution 55.7for the hospitalization or care of human beings, as defined in section 144.50, 144A.01, 55.8or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional 55.9facility; or any facility based on an emergency hold under sections 253B.05, subdivisions 55.101 and 2, and 253B.07, subdivision 6; 55.11(2) any period an applicant spends on a placement basis in a training and habilitation 55.12program, including: a rehabilitation facility or work or employment program as defined 55.13in section 268A.01; semi-independent living services provided under section 252.275, 55.14and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation 55.15programs and assisted living services; and 55.16(3) any placement for a person with an indeterminate commitment, including 55.17independent living. 55.18    Sec. 14. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read: 55.19    Subd. 3. Group residential housing. "Group residential housing" means a group 55.20living situation that provides at a minimum room and board to unrelated persons who 55.21meet the eligibility requirements of section 256I.04. This definition includes foster care 55.22settings new text begin or community residential settings new text end for a single adult. To receive payment for a 55.23group residence rate, the residence must meet the requirements under section 256I.04, 55.24subdivision 2a . 55.25    Sec. 15. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read: 55.26    Subd. 2a. License required. A county agency may not enter into an agreement with 55.27an establishment to provide group residential housing unless: 55.28(1) the establishment is licensed by the Department of Health as a hotel and 55.29restaurant; a board and lodging establishment; a residential care home; a boarding care 55.30home before March 1, 1985; or a supervised living facility, and the service provider 55.31for residents of the facility is licensed under chapter 245A. However, an establishment 55.32licensed by the Department of Health to provide lodging need not also be licensed to 55.33provide board if meals are being supplied to residents under a contract with a food vendor 55.34who is licensed by the Department of Health; 56.1(2) the residence is: (i) licensed by the commissioner of human services under 56.2Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 56.3agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 56.4to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 56.5parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; new text begin or new text end 56.6 new text begin (iv) licensed by the commissioner of human services under chapter 245D; new text end 56.7(3) the establishment is registered under chapter 144D and provides three meals a 56.8day, or is an establishment voluntarily registered under section 144D.025 as a supportive 56.9housing establishment; or 56.10(4) an establishment voluntarily registered under section 144D.025, other than 56.11a supportive housing establishment under clause (3), is not eligible to provide group 56.12residential housing. 56.13The requirements under clauses (1) to (4) do not apply to establishments exempt 56.14from state licensure because they are located on Indian reservations and subject to tribal 56.15health and safety requirements. 56.16    Sec. 16. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is 56.17amended to read: 56.18    Subd. 9. Common entry point designation. (a) new text begin Each county board shall designate a new text end 56.19 new text begin common entry point for reports of suspected maltreatment, for use until the commissioner new text end 56.20 new text begin of human services establishes a common entry point. Two or more county boards may new text end 56.21 new text begin jointly designate a single common entry point. new text end The commissioner of human services shall 56.22establish a common entry point effective July 1, 2014 new text begin 2015 new text end . The common entry point is 56.23the unit responsible for receiving the report of suspected maltreatment under this section. 56.24(b) The common entry point must be available 24 hours per day to take calls from 56.25reporters of suspected maltreatment. The common entry point shall use a standard intake 56.26form that includes: 56.27(1) the time and date of the report; 56.28(2) the name, address, and telephone number of the person reporting; 56.29(3) the time, date, and location of the incident; 56.30(4) the names of the persons involved, including but not limited to, perpetrators, 56.31alleged victims, and witnesses; 56.32(5) whether there was a risk of imminent danger to the alleged victim; 56.33(6) a description of the suspected maltreatment; 56.34(7) the disability, if any, of the alleged victim; 56.35(8) the relationship of the alleged perpetrator to the alleged victim; 57.1(9) whether a facility was involved and, if so, which agency licenses the facility; 57.2(10) any action taken by the common entry point; 57.3(11) whether law enforcement has been notified; 57.4(12) whether the reporter wishes to receive notification of the initial and final 57.5reports; and 57.6(13) if the report is from a facility with an internal reporting procedure, the name, 57.7mailing address, and telephone number of the person who initiated the report internally. 57.8(c) The common entry point is not required to complete each item on the form prior 57.9to dispatching the report to the appropriate lead investigative agency. 57.10(d) The common entry point shall immediately report to a law enforcement agency 57.11any incident in which there is reason to believe a crime has been committed. 57.12(e) If a report is initially made to a law enforcement agency or a lead investigative 57.13agency, those agencies shall take the report on the appropriate common entry point intake 57.14forms and immediately forward a copy to the common entry point. 57.15(f) The common entry point staff must receive training on how to screen and 57.16dispatch reports efficiently and in accordance with this section. 57.17(g) The commissioner of human services shall maintain a centralized database 57.18for the collection of common entry point data, lead investigative agency data including 57.19maltreatment report disposition, and appeals data. The common entry point shall 57.20have access to the centralized database and must log the reports into the database and 57.21immediately identify and locate prior reports of abuse, neglect, or exploitation. 57.22(h) When appropriate, the common entry point staff must refer calls that do not 57.23allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations 57.24that might resolve the reporter's concerns. 57.25(i) A common entry point must be operated in a manner that enables the 57.26commissioner of human services to: 57.27(1) track critical steps in the reporting, evaluation, referral, response, disposition, 57.28and investigative process to ensure compliance with all requirements for all reports; 57.29(2) maintain data to facilitate the production of aggregate statistical reports for 57.30monitoring patterns of abuse, neglect, or exploitation; 57.31(3) serve as a resource for the evaluation, management, and planning of preventative 57.32and remedial services for vulnerable adults who have been subject to abuse, neglect, 57.33or exploitation; 57.34(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 57.35of the common entry point; and 57.36(5) track and manage consumer complaints related to the common entry point. 58.1(j) The commissioners of human services and health shall collaborate on the 58.2creation of a system for referring reports to the lead investigative agencies. This system 58.3shall enable the commissioner of human services to track critical steps in the reporting, 58.4evaluation, referral, response, disposition, investigation, notification, determination, and 58.5appeal processes. 58.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 58.7    Sec. 17. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective 58.8date, is amended to read: 58.9EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or 58.10older, and October 1, 2019, for children age 16 to before the child's 21st birthday. 58.11    Sec. 18. Laws 2013, chapter 108, article 7, section 60, is amended to read: 58.12    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL 58.131, 2014. 58.14(a) The commissioner of human services shall increase reimbursement rates, grants, 58.15allocations, individual limits, and rate limits, as applicable, by one percent for the rate 58.16period beginning April 1, 2014, for services rendered on or after those dates. County or 58.17tribal contracts for services specified in this section must be amended to pass through 58.18these rate increases within 60 days of the effective date. 58.19(b) The rate changes described in this section must be provided to: 58.20(1) home and community-based waivered services for persons with developmental 58.21disabilities or related conditions, including consumer-directed community supports, under 58.22Minnesota Statutes, section 256B.501; 58.23(2) waivered services under community alternatives for disabled individuals, 58.24including consumer-directed community supports, under Minnesota Statutes, section 58.25256B.49 ; 58.26(3) community alternative care waivered services, including consumer-directed 58.27community supports, under Minnesota Statutes, section 256B.49; 58.28(4) brain injury waivered services, including consumer-directed community 58.29supports, under Minnesota Statutes, section 256B.49; 58.30(5) home and community-based waivered services for the elderly under Minnesota 58.31Statutes, section 256B.0915; 58.32(6) nursing services and home health services under Minnesota Statutes, section 58.33256B.0625, subdivision 6a ; 59.1(7) personal care services and qualified professional supervision of personal care 59.2services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a; 59.3(8) private duty nursing services under Minnesota Statutes, section 256B.0625, 59.4subdivision 7 ; 59.5(9) day training and habilitation services for adults with developmental disabilities 59.6or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 59.7additional cost of rate adjustments on day training and habilitation services, provided as a 59.8social service, formerly funded under Minnesota Statutes 2010, chapter 256M; 59.9(10) alternative care services under Minnesota Statutes, section 256B.0913 new text begin , and new text end 59.10 new text begin essential community supports under Minnesota Statutes, section 256B.0922 new text end ; 59.11(11) living skills training programs for persons with intractable epilepsy who need 59.12assistance in the transition to independent living under Laws 1988, chapter 689; 59.13(12) semi-independent living services (SILS) under Minnesota Statutes, section 59.14252.275 , including SILS funding under county social services grants formerly funded 59.15under Minnesota Statutes, chapter 256M; 59.16(13) consumer support grants under Minnesota Statutes, section 256.476; 59.17(14) family support grants under Minnesota Statutes, section 252.32; 59.18(15) housing access grants under Minnesota Statutes, sections 256B.0658 and 59.19256B.0917, subdivision 14 ; 59.20(16) self-advocacy grants under Laws 2009, chapter 101; 59.21(17) technology grants under Laws 2009, chapter 79; 59.22(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 59.23and 256B.0928; and 59.24(19) community support services for deaf and hard-of-hearing adults with mental 59.25illness who use or wish to use sign language as their primary means of communication 59.26under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 59.27grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; 59.28and Laws 1997, First Special Session chapter 5, section 20. 59.29(c) A managed care plan receiving state payments for the services in this section 59.30must include these increases in their payments to providers. To implement the rate increase 59.31in this section, capitation rates paid by the commissioner to managed care organizations 59.32under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the 59.33specified services for the period beginning April 1, 2014. 59.34(d) Counties shall increase the budget for each recipient of consumer-directed 59.35community supports by the amounts in paragraph (a) on the effective dates in paragraph (a). 59.36 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2014. new text end 60.1    Sec. 19. new text begin REVISOR'S INSTRUCTION. new text end 60.2 new text begin The revisor of statutes shall change the term "private duty nursing" or similar terms new text end 60.3 new text begin to "home care nursing" or similar terms, and shall change the term "private duty nurse" to new text end 60.4 new text begin "home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota new text end 60.5 new text begin Rules. The revisor shall also make grammatical changes related to the changes in terms. new text end 60.6    Sec. 20. new text begin REPEALER. new text end 60.7 new text begin Minnesota Rules, part 9525.1580, new text end new text begin is repealed. new text end 60.8ARTICLE 5 60.9CHILDREN AND FAMILIES 60.10    Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to 60.11read: 60.12    Subd. 19. Family day care and group family day care child age classifications. 60.13(a) For the purposes of family day care and group family day care licensing under this 60.14chapter, the following terms have the meanings given them in this subdivision. 60.15(b) "Newborn" means a child between birth and six weeks old. 60.16(c) "Infant" means a child who is at least six weeks old but less than 12 months old. 60.17(d) "Toddler" means a child who is at least 12 months old but less than 24 months 60.18old, except that for purposes of specialized infant and toddler family and group family day 60.19care, "toddler" means a child who is at least 12 months old but less than 30 months old. 60.20(e) "Preschooler" means a child who is at least 24 months old up to the new text begin school new text end age of 60.21being eligible to enter kindergarten within the next four months. 60.22(f) "School age" means a child who is at least of sufficient age to have attended the 60.23first day of kindergarten, or is eligible to enter kindergarten within the next four months 60.24 new text begin five years of age new text end , but is younger than 11 years of age. 60.25    Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read: 60.26245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT 60.27DEATH IN LICENSED PROGRAMS. 60.28    (a) When a license holder is placing an infant to sleep, the license holder must place 60.29the infant on the infant's back, unless the license holder has documentation from the 60.30infant's physician directing an alternative sleeping position for the infant. The physician 60.31directive must be on a form approved by the commissioner and must remain on file at the 60.32licensed location. An infant who independently rolls onto its stomach after being placed to 61.1sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least 61.2six months of age or the license holder has a signed statement from the parent indicating 61.3that the infant regularly rolls over at home. 61.4(b) The license holder must place the infant in a crib directly on a firm mattress with 61.5a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and 61.6overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of 61.7the sheet with reasonable effort. The license holder must not place anything in the crib with 61.8the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, 61.9part 1511. The requirements of this section apply to license holders serving infants younger 61.10than one year of age. Licensed child care providers must meet the crib requirements under 61.11section 245A.146 new text begin . A correction order shall not be issued under this paragraph unless there new text end 61.12 new text begin is evidence that a violation occurred when an infant was present in the license holder's care new text end . 61.13(c) If an infant falls asleep before being placed in a crib, the license holder must 61.14move the infant to a crib as soon as practicable, and must keep the infant within sight of 61.15the license holder until the infant is placed in a crib. When an infant falls asleep while 61.16being held, the license holder must consider the supervision needs of other children in 61.17care when determining how long to hold the infant before placing the infant in a crib to 61.18sleep. The sleeping infant must not be in a position where the airway may be blocked or 61.19with anything covering the infant's face. 61.20(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended 61.21for an infant of any age and is prohibited for any infant who has begun to roll over 61.22independently. However, with the written consent of a parent or guardian according to this 61.23paragraph, a license holder may place the infant who has not yet begun to roll over on its 61.24own down to sleep in a one-piece sleeper equipped with an attached system that fastens 61.25securely only across the upper torso, with no constriction of the hips or legs, to create a 61.26swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter, 61.27the license holder must obtain informed written consent for the use of swaddling from the 61.28parent or guardian of the infant on a form provided by the commissioner and prepared in 61.29partnership with the Minnesota Sudden Infant Death Center. 61.30    Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is 61.31amended to read: 61.32    Subd. 5. Sudden unexpected infant death and abusive head trauma training. 61.33    (a) License holders must document that before staff persons, caregivers, and helpers 61.34assist in the care of infants, they are instructed on the standards in section 245A.1435 and 61.35receive training on reducing the risk of sudden unexpected infant death. In addition, 62.1license holders must document that before staff persons, caregivers, and helpers assist in 62.2the care of infants and children under school age, they receive training on reducing the 62.3risk of abusive head trauma from shaking infants and young children. The training in this 62.4subdivision may be provided as initial training under subdivision 1 or ongoing annual 62.5training under subdivision 7. 62.6    (b) Sudden unexpected infant death reduction training required under this subdivision 62.7must be at least one-half hour in length and must be completed in person at least once 62.8every two years. On the years when the license holder is not receiving the in-person 62.9training on sudden unexpected infant death reduction, the license holder must receive 62.10sudden unexpected infant death reduction training through a video of no more than one 62.11hour in length developed or approved by the commissioner. new text begin , new text end at a minimum, the training 62.12must address the risk factors related to sudden unexpected infant death, means of reducing 62.13the risk of sudden unexpected infant death in child care, and license holder communication 62.14with parents regarding reducing the risk of sudden unexpected infant death. 62.15    (c) Abusive head trauma training required under this subdivision must be at least 62.16one-half hour in length and must be completed at least once every year. new text begin , new text end at a minimum, 62.17the training must address the risk factors related to shaking infants and young children, 62.18means of reducing the risk of abusive head trauma in child care, and license holder 62.19communication with parents regarding reducing the risk of abusive head trauma. 62.20(d) Training for family and group family child care providers must be developed 62.21by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and 62.22approved by the Minnesota Center for Professional Development new text begin . Sudden unexpected new text end 62.23 new text begin infant death reduction training and abusive head trauma training may be provided in a new text end 62.24 new text begin single course of no more than two hours in length new text end . 62.25 new text begin (e) Sudden unexpected infant death reduction training and abusive head trauma new text end 62.26 new text begin training required under this subdivision must be completed in person or as allowed under new text end 62.27 new text begin subdivision 10, clause (1) or (2), at least once every two years. On the years when the new text end 62.28 new text begin license holder is not receiving these trainings, training in person or as allowed under new text end 62.29 new text begin subdivision 10, clause (1) or (2), the license holder must receive sudden unexpected infant new text end 62.30 new text begin death reduction training and abusive head trauma training through a video of no more than new text end 62.31 new text begin one hour in length. The video must be developed or approved by the commissioner. new text end 62.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 62.33    Sec. 4. Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read: 62.34    Subd. 2. Placement decisions based on best interests of the child. (a) The 62.35policy of the state of Minnesota is to ensure that the child's best interests are met by 63.1requiring an individualized determination of the needs of the child and of how the selected 63.2placement will serve the needs of the child being placed. The authorized child-placing 63.3agency shall place a child, released by court order or by voluntary release by the parent 63.4or parents, in a family foster home selected by considering placement with relatives and 63.5important friends in the following order: 63.6    (1) with an individual who is related to the child by blood, marriage, or adoption; or 63.7    (2) with an individual who is an important friend with whom the child has resided or 63.8had significant contact. 63.9    (b) Among the factors the agency shall consider in determining the needs of the 63.10child are the following: 63.11    (1) the child's current functioning and behaviors; 63.12    (2) the medical needs of the child; 63.13(3) the educational needs of the child; 63.14(4) the developmental needs of the child; 63.15    (5) the child's history and past experience; 63.16    (6) the child's religious and cultural needs; 63.17    (7) the child's connection with a community, school, and faith community; 63.18    (8) the child's interests and talents; 63.19    (9) the child's relationship to current caretakers, parents, siblings, and relatives; and 63.20    (10) the reasonable preference of the child, if the court, or the child-placing agency 63.21in the case of a voluntary placement, deems the child to be of sufficient age to express 63.22preferences. 63.23    (c) Placement of a child cannot be delayed or denied based on race, color, or national 63.24origin of the foster parent or the child. 63.25    (d) Siblings should be placed together for foster care and adoption at the earliest 63.26possible time unless it is documented that a joint placement would be contrary to the 63.27safety or well-being of any of the siblings or unless it is not possible after reasonable 63.28efforts by the responsible social services agency. In cases where siblings cannot be placed 63.29together, the agency is required to provide frequent visitation or other ongoing interaction 63.30between siblings unless the agency documents that the interaction would be contrary to 63.31the safety or well-being of any of the siblings. 63.32    (e) Except for emergency placement as provided for in section 245A.035, new text begin the new text end 63.33 new text begin following requirements must be satisfied before the approval of a foster or adoptive new text end 63.34 new text begin placement in a related or unrelated home: (1) new text end a completed background study is required 63.35 under section 245C.08 before the approval of a foster placement in a related or unrelated 63.36home new text begin ; and (2) a completed review of the written home study required under section new text end 64.1 new text begin 260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective new text end 64.2 new text begin foster or adoptive parent to ensure the placement will meet the needs of the individual child new text end . 64.3    Sec. 5. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read: 64.4    Subd. 4. Duties of commissioner. The commissioner of human services shall: 64.5(1) provide practice guidance to responsible social services agencies and child-placing 64.6agencies that reflect federal and state laws and policy direction on placement of children; 64.7(2) develop criteria for determining whether a prospective adoptive or foster family 64.8has the ability to understand and validate the child's cultural background; 64.9(3) provide a standardized training curriculum for adoption and foster care workers 64.10and administrators who work with children. Training must address the following objectives: 64.11(i) developing and maintaining sensitivity to all cultures; 64.12(ii) assessing values and their cultural implications; 64.13(iii) making individualized placement decisions that advance the best interests of a 64.14particular child under section 260C.212, subdivision 2; and 64.15(iv) issues related to cross-cultural placement; 64.16(4) provide a training curriculum for all prospective adoptive and foster families that 64.17prepares them to care for the needs of adoptive and foster children taking into consideration 64.18the needs of children outlined in section 260C.212, subdivision 2, paragraph (b); 64.19(5) develop and provide to agencies a home study format to assess the capacities 64.20and needs of prospective adoptive and foster families. The format must address 64.21problem-solving skills; parenting skills; evaluate the degree to which the prospective 64.22family has the ability to understand and validate the child's cultural background, and other 64.23issues needed to provide sufficient information for agencies to make an individualized 64.24placement decision consistent with section 260C.212, subdivision 2. new text begin For a study of a new text end 64.25 new text begin prospective foster parent, the format must also address the capacity of the prospective new text end 64.26 new text begin foster parent to provide a safe, healthy, smoke-free home environment. new text end If a prospective 64.27adoptive parent has also been a foster parent, any update necessary to a home study for 64.28the purpose of adoption may be completed by the licensing authority responsible for the 64.29foster parent's license. If a prospective adoptive parent with an approved adoptive home 64.30study also applies for a foster care license, the license application may be made with the 64.31same agency which provided the adoptive home study; and 64.32(6) consult with representatives reflecting diverse populations from the councils 64.33established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 64.34community organizations. 65.1    Sec. 6. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read: 65.2    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing 65.3agency must: 65.4(1) develop and follow procedures for implementing the requirements of section 65.5260C.212, subdivision 2 , and the Indian Child Welfare Act, United States Code, title 65.625, sections 1901 to 1923; 65.7(2) have a written plan for recruiting adoptive and foster families that reflect the 65.8ethnic and racial diversity of children who are in need of foster and adoptive homes. 65.9The plan must include: 65.10(i) strategies for using existing resources in diverse communities; 65.11(ii) use of diverse outreach staff wherever possible; 65.12(iii) use of diverse foster homes for placements after birth and before adoption; and 65.13(iv) other techniques as appropriate; 65.14(3) have a written plan for training adoptive and foster families; 65.15(4) have a written plan for employing staff in adoption and foster care who have 65.16the capacity to assess the foster and adoptive parents' ability to understand and validate a 65.17child's cultural and meet the child's individual needs, and to advance the best interests of 65.18the child, as required in section 260C.212, subdivision 2. The plan must include staffing 65.19goals and objectives; 65.20(5) ensure that adoption and foster care workers attend training offered or approved 65.21by the Department of Human Services regarding cultural diversity and the needs of special 65.22needs children; and 65.23(6) develop and implement procedures for implementing the requirements of the 65.24Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. new text begin ; and new text end 65.25 new text begin (7) ensure that children in foster care are protected from the effects of secondhand new text end 65.26 new text begin smoke and that licensed foster homes maintain a smoke-free environment in compliance new text end 65.27 new text begin with subdivision 9. new text end 65.28(b) In determining the suitability of a proposed placement of an Indian child, the 65.29standards to be applied must be the prevailing social and cultural standards of the Indian 65.30child's community, and the agency shall defer to tribal judgment as to suitability of a 65.31particular home when the tribe has intervened pursuant to the Indian Child Welfare Act. 65.32    Sec. 7. Minnesota Statutes 2012, section 260C.215, is amended by adding a 65.33subdivision to read: 66.1     new text begin Subd. 9. new text end new text begin Preventing exposure to secondhand smoke for children in foster care. new text end 66.2 new text begin (a) A child in foster care shall not be exposed to any type of secondhand smoke in the new text end 66.3 new text begin following settings: new text end 66.4 new text begin (1) a licensed foster home or any enclosed space connected to the home, including a new text end 66.5 new text begin garage, porch, deck, or similar space; and new text end 66.6 new text begin (2) a motor vehicle in which a foster child is transported. new text end 66.7 new text begin (b) Smoking in outdoor areas on the premises of the home is permitted, except when new text end 66.8 new text begin a foster child is present and exposed to secondhand smoke. new text end 66.9 new text begin (c) The home study required in subdivision 4, clause (5), must include a plan to new text end 66.10 new text begin maintain a smoke-free environment for foster children. new text end 66.11 new text begin (d) If a foster parent fails to provide a smoke-free environment for a foster child, the new text end 66.12 new text begin child-placing agency must ask the foster parent to comply with a plan that includes training new text end 66.13 new text begin on the health risks of exposure to secondhand smoke. If the agency determines that the new text end 66.14 new text begin foster parent is unable to provide a smoke-free environment and that the home environment new text end 66.15 new text begin constitutes a health risk to a foster child, the agency must reassess whether the placement new text end 66.16 new text begin is based on the child's best interests consistent with section 260C.212, subdivision 2. new text end 66.17 new text begin (e) Nothing in this subdivision shall delay the placement of a child with a relative, new text end 66.18 new text begin consistent with section 245A.035, unless the relative is unable to provide for the new text end 66.19 new text begin immediate health needs of the individual child. new text end 66.20 new text begin (f) Nothing in this subdivision shall be interpreted to interfere with traditional or new text end 66.21 new text begin spiritual Native American or religious ceremonies involving the use of tobacco. new text end 66.22    Sec. 8. Minnesota Statutes 2012, section 626.556, is amended by adding a subdivision 66.23to read: 66.24     new text begin Subd. 7a. new text end new text begin Mandatory guidance for screening reports. new text end new text begin Child protection intake new text end 66.25 new text begin workers, supervisors, and others involved with child protection screening shall follow the new text end 66.26 new text begin guidance provided in the Department of Human Services Minnesota Child Maltreatment new text end 66.27 new text begin Screening Guidelines when screening maltreatment referrals, and, when notified by the new text end 66.28 new text begin commissioner of human services, shall immediately implement updated procedures and new text end 66.29 new text begin protocols. new text end 66.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.31    Sec. 9. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read: 66.32    Subd. 11c. Welfare, court services agency, and school records maintained. 66.33Notwithstanding sections 138.163 and 138.17, records maintained or records derived 66.34from reports of abuse by local welfare agencies, agencies responsible for assessing or 67.1investigating the report, court services agencies, or schools under this section shall be 67.2destroyed as provided in paragraphs (a) to (d) by the responsible authority. 67.3(a) For family assessment cases and cases where an investigation results in no 67.4determination of maltreatment or the need for child protective services, the assessment or 67.5investigation records must be maintained for a period of four years. Records under this 67.6paragraph may not be used for employment, background checks, or purposes other than to 67.7assist in future risk and safety assessments. 67.8(b) All records relating to reports which, upon investigation, indicate either 67.9maltreatment or a need for child protective services shall be maintained for at least ten 67.10years after the date of the final entry in the case record. 67.11(c) All records regarding a report of maltreatment, including any notification of intent 67.12to interview which was received by a school under subdivision 10, paragraph (d), shall be 67.13destroyed by the school when ordered to do so by the agency conducting the assessment or 67.14investigation. The agency shall order the destruction of the notification when other records 67.15relating to the report under investigation or assessment are destroyed under this subdivision. 67.16(d) Private or confidential data released to a court services agency under subdivision 67.1710h must be destroyed by the court services agency when ordered to do so by the local 67.18welfare agency that released the data. The local welfare agency or agency responsible for 67.19assessing or investigating the report shall order destruction of the data when other records 67.20relating to the assessment or investigation are destroyed under this subdivision. 67.21 new text begin (e) For reports alleging child maltreatment that were not accepted for assessment new text end 67.22 new text begin or investigation, counties shall maintain sufficient information to identify repeat reports new text end 67.23 new text begin alleging maltreatment of the same child or children for 365 days from the date the report new text end 67.24 new text begin was screened out. The commissioner of human services shall specify to the counties the new text end 67.25 new text begin minimum information needed to accomplish this purpose. Counties shall enter this data new text end 67.26 new text begin into the state social services information system. new text end 67.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 67.28ARTICLE 6 67.29HEALTH-RELATED BOARDS 67.30    Section 1. Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read: 67.31    Subd. 6. Unlicensed complementary and alternative health care practitioner. (a) 67.32 "Unlicensed complementary and alternative health care practitioner" means a person who: 67.33(1) either: 68.1(i) is not licensed or registered by a health-related licensing board or the 68.2commissioner of health; or 68.3(ii) is licensed or registered by the commissioner of health or a health-related 68.4licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board 68.5of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself 68.6out to the public as being licensed or registered by the commissioner or a health-related 68.7licensing board when engaging in complementary and alternative health care; 68.8(2) has not had a license or registration issued by a health-related licensing board 68.9or the commissioner of health revoked or has not been disciplined in any manner at any 68.10time in the past, unless the right to engage in complementary and alternative health care 68.11practices has been established by order of the commissioner of health; 68.12(3) is engaging in complementary and alternative health care practices; and 68.13(4) is providing complementary and alternative health care services for remuneration 68.14or is holding oneself out to the public as a practitioner of complementary and alternative 68.15health care practices. 68.16(b) A health care practitioner licensed or registered by the commissioner or a 68.17health-related licensing board, who engages in complementary and alternative health care 68.18while practicing under the practitioner's license or registration, shall be regulated by and 68.19be under the jurisdiction of the applicable health-related licensing board with regard to 68.20the complementary and alternative health care practices. 68.21    Sec. 2. new text begin [146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH new text end 68.22 new text begin CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE new text end 68.23 new text begin PRACTITIONERS. new text end 68.24 new text begin (a) A health care practitioner licensed or registered by the commissioner or a new text end 68.25 new text begin health-related licensing board, who engages in complementary and alternative health care new text end 68.26 new text begin while practicing under the practitioner's license or registration, shall be regulated by and new text end 68.27 new text begin be under the jurisdiction of the applicable health-related licensing board with regard to new text end 68.28 new text begin the complementary and alternative health care practices. new text end 68.29 new text begin (b) A health care practitioner licensed or registered by the commissioner or a new text end 68.30 new text begin health-related licensing board shall not be subject to disciplinary action solely on the basis new text end 68.31 new text begin of utilizing complementary and alternative health care practices as defined in section new text end 68.32 new text begin 146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for new text end 68.33 new text begin referring a patient to a complementary and alternative health care practitioner as defined in new text end 68.34 new text begin section 146A.01, subdivision 6. new text end 69.1 new text begin (c) A health care practitioner licensed or registered by the commissioner or a new text end 69.2 new text begin health-related licensing board who utilizes complementary and alternative health care new text end 69.3 new text begin practices must provide patients receiving these services with a written copy of the new text end 69.4 new text begin complementary and alternative health care client bill of rights pursuant to section 146A.11. new text end 69.5 new text begin (d) Nothing in this section shall be construed to prohibit or restrict the commissioner new text end 69.6 new text begin or a health-related licensing board from imposing disciplinary action for conduct that new text end 69.7 new text begin violates provisions of the applicable licensed or registered health care practitioner's new text end 69.8 new text begin practice act. new text end 69.9    Sec. 3. Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is 69.10amended to read: 69.11    Subdivision 1. Scope. (a) All unlicensed complementary and alternative health 69.12care practitioners shall provide to each complementary and alternative health care 69.13client prior to providing treatment a written copy of the complementary and alternative 69.14health care client bill of rights. A copy must also be posted in a prominent location 69.15in the office of the unlicensed complementary and alternative health care practitioner. 69.16Reasonable accommodations shall be made for those clients who cannot read or who 69.17have communication disabilities and those who do not read or speak English. The 69.18complementary and alternative health care client bill of rights shall include the following: 69.19    (1) the name, complementary and alternative health care title, business address, and 69.20telephone number of the unlicensed complementary and alternative health care practitioner; 69.21    (2) the degrees, training, experience, or other qualifications of the practitioner 69.22regarding the complimentary and alternative health care being provided, followed by the 69.23following statement in bold print: 69.24    "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL 69.25AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND 69.26ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF 69.27CREDENTIALS IS FOR INFORMATION PURPOSES ONLY. 69.28    Under Minnesota law, an unlicensed complementary and alternative health care 69.29practitioner may not provide a medical diagnosis or recommend discontinuance of 69.30medically prescribed treatments. If a client desires a diagnosis from a licensed physician, 69.31chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, 69.32osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic 69.33trainer, or any other type of health care provider, the client may seek such services at 69.34any time."; 70.1    (3) the name, business address, and telephone number of the practitioner's 70.2supervisor, if any; 70.3    (4) notice that a complementary and alternative health care client has the right to file a 70.4complaint with the practitioner's supervisor, if any, and the procedure for filing complaints; 70.5    (5) the name, address, and telephone number of the office of unlicensed 70.6complementary and alternative health care practice and notice that a client may file 70.7complaints with the office; 70.8    (6) the practitioner's fees per unit of service, the practitioner's method of billing 70.9for such fees, the names of any insurance companies that have agreed to reimburse the 70.10practitioner, or health maintenance organizations with whom the practitioner contracts to 70.11provide service, whether the practitioner accepts Medicare, medical assistance, or general 70.12assistance medical care, and whether the practitioner is willing to accept partial payment, 70.13or to waive payment, and in what circumstances; 70.14    (7) a statement that the client has a right to reasonable notice of changes in services 70.15or charges; 70.16    (8) a brief summary, in plain language, of the theoretical approach used by the 70.17practitioner in providing services to clients; 70.18    (9) notice that the client has a right to complete and current information concerning 70.19the practitioner's assessment and recommended service that is to be provided, including 70.20the expected duration of the service to be provided; 70.21    (10) a statement that clients may expect courteous treatment and to be free from 70.22verbal, physical, or sexual abuse by the practitioner; 70.23    (11) a statement that client records and transactions with the practitioner are 70.24confidential, unless release of these records is authorized in writing by the client, or 70.25otherwise provided by law; 70.26    (12) a statement of the client's right to be allowed access to records and written 70.27information from records in accordance with sections 144.291 to 144.298; 70.28    (13) a statement that other services may be available in the community, including 70.29where information concerning services is available; 70.30    (14) a statement that the client has the right to choose freely among available 70.31practitioners and to change practitioners after services have begun, within the limits of 70.32health insurance, medical assistance, or other health programs; 70.33    (15) a statement that the client has a right to coordinated transfer when there will 70.34be a change in the provider of services; 70.35    (16) a statement that the client may refuse services or treatment, unless otherwise 70.36provided by law; and 71.1    (17) a statement that the client may assert the client's rights without retaliation. 71.2    (b) This section does not apply to an unlicensed complementary and alternative 71.3health care practitioner who is employed by or is a volunteer in a hospital or hospice who 71.4provides services to a client in a hospital or under an appropriate hospice plan of care. 71.5Patients receiving complementary and alternative health care services in an inpatient 71.6hospital or under an appropriate hospice plan of care shall have and be made aware of 71.7the right to file a complaint with the hospital or hospice provider through which the 71.8practitioner is employed or registered as a volunteer. 71.9 new text begin (c) This section does not apply to a health care practitioner licensed or registered by new text end 71.10 new text begin the commissioner of health or a health-related licensing board who utilizes complementary new text end 71.11 new text begin and alternative health care practices within the scope of practice of the health care new text end 71.12 new text begin practitioner's professional license. new text end 71.13    Sec. 4. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read: 71.14    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10: 71.15    (1) "chiropractic" is defined as the science of adjusting any abnormal articulations 71.16of the human body, especially those of the spinal column, for the purpose of giving 71.17freedom of action to impinged nerves that may cause pain or deranged function; and 71.18 new text begin means the health care discipline that recognizes the innate recuperative power of the body new text end 71.19 new text begin to heal itself without the use of drugs or surgery by identifying and caring for vertebral new text end 71.20 new text begin subluxations and other abnormal articulations by emphasizing the relationship between new text end 71.21 new text begin structure and function as coordinated by the nervous system and how that relationship new text end 71.22 new text begin affects the preservation and restoration of health; new text end 71.23     new text begin (2) "chiropractic services" means the evaluation and facilitation of structural, new text end 71.24 new text begin biomechanical, and neurological function and integrity through the use of adjustment, new text end 71.25 new text begin manipulation, mobilization, or other procedures accomplished by manual or mechanical new text end 71.26 new text begin forces applied to bones or joints and their related soft tissues for correction of vertebral new text end 71.27 new text begin subluxation, other abnormal articulations, neurological disturbances, structural alterations, new text end 71.28 new text begin or biomechanical alterations, and includes, but is not limited to, manual therapy and new text end 71.29 new text begin mechanical therapy as defined in section 146.23; new text end 71.30     new text begin (3) "abnormal articulation" means the condition of opposing bony joint surfaces and new text end 71.31 new text begin their related soft tissues that do not function normally, including subluxation, fixation, new text end 71.32 new text begin adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or new text end 71.33 new text begin disturbances within the nervous system, results in postural alteration, inhibits motion, new text end 71.34 new text begin allows excessive motion, alters direction of motion, or results in loss of axial loading new text end 71.35 new text begin efficiency, or a combination of these; new text end 72.1     new text begin (4) "diagnosis" means the physical, clinical, and laboratory examination of the new text end 72.2 new text begin patient, and the use of diagnostic services for diagnostic purposes within the scope of the new text end 72.3 new text begin practice of chiropractic described in sections 148.01 to 148.10; new text end 72.4     new text begin (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic new text end 72.5 new text begin measures, including diagnostic imaging that may be necessary to determine the presence new text end 72.6 new text begin or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for new text end 72.7 new text begin evaluation of a health concern, diagnosis, differential diagnosis, treatment, further new text end 72.8 new text begin examination, or referral; new text end 72.9     new text begin (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota new text end 72.10 new text begin Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive new text end 72.11 new text begin sciences and procedures for which the licensee was subject to examination under section new text end 72.12 new text begin 148.06. When provided, therapeutic services must be performed within a practice new text end 72.13 new text begin where the primary focus is the provision of chiropractic services, to prepare the patient new text end 72.14 new text begin for chiropractic services, or to complement the provision of chiropractic services. The new text end 72.15 new text begin administration of therapeutic services is the responsibility of the treating chiropractor and new text end 72.16 new text begin must be rendered under the direct supervision of qualified staff; new text end 72.17     new text begin (7) "acupuncture" means a modality of treating abnormal physical conditions new text end 72.18 new text begin by stimulating various points of the body or interruption of the cutaneous integrity new text end 72.19 new text begin by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as new text end 72.20 new text begin utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an new text end 72.21 new text begin independent therapy or separately from chiropractic services. Acupuncture is permitted new text end 72.22 new text begin under section 148.01 only after registration with the board which requires completion new text end 72.23 new text begin of a board-approved course of study and successful completion of a board-approved new text end 72.24 new text begin national examination on acupuncture. Renewal of registration shall require completion of new text end 72.25 new text begin board-approved continuing education requirements in acupuncture. The restrictions of new text end 72.26 new text begin section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture new text end 72.27 new text begin under this section; and new text end 72.28    (2) new text begin (8) new text end "animal chiropractic diagnosis and treatment" means treatment that includes 72.29identifying and resolving vertebral subluxation complexes, spinal manipulation, and 72.30manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 72.31diagnosis and treatment does not include: 72.32    (i) performing surgery; 72.33    (ii) dispensing or administering of medications; or 72.34    (iii) performing traditional veterinary care and diagnosis. 72.35    Sec. 5. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read: 73.1    Subd. 2. Exclusions. The practice of chiropractic is not the practice of medicine, 73.2surgery, or osteopathy new text begin , or physical therapy new text end . 73.3    Sec. 6. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision 73.4to read: 73.5     new text begin Subd. 4. new text end new text begin Practice of chiropractic. new text end new text begin An individual licensed to practice under section new text end 73.6 new text begin 148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services, new text end 73.7 new text begin and to provide diagnosis and to render opinions pertaining to those services for the new text end 73.8 new text begin purpose of determining a course of action in the best interests of the patient, such as a new text end 73.9 new text begin treatment plan, appropriate referral, or both. new text end 73.10    Sec. 7. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read: 73.11    Subdivision 1. Generally. Any person who practices, or attempts to practice, 73.12chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," 73.13"Chiropractor," "DC," or any other title or letters under any circumstances as to lead 73.14the public to believe that the person who so uses the terms is engaged in the practice of 73.15chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is 73.16guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more 73.17than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than 73.18six months or punished by both fine and imprisonment, in the discretion of the court. It is 73.19the duty of the county attorney of the county in which the person practices to prosecute. 73.20Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person: 73.21(1) licensed by a health-related licensing board, as defined in section 214.01, 73.22subdivision 2 , including psychological practitioners with respect to the use of hypnosis; 73.23(2) registered new text begin or licensed new text end by the commissioner of health under section 214.13; or 73.24(3) engaged in other methods of healing regulated by law in the state of Minnesota; 73.25provided that the person confines activities within the scope of the license or other 73.26regulation and does not practice or attempt to practice chiropractic. 73.27    Sec. 8. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read: 73.28    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities 73.29that use the properties of light, water, temperature, sound, or electricity to produce a 73.30response in soft tissue. The physical agent modalities referred to in sections 148.6404 73.31 and are superficial physical agent modalities, electrical stimulation devices, 73.32and ultrasound. 74.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 74.2    Sec. 9. Minnesota Statutes 2012, section 148.6404, is amended to read: 74.3148.6404 SCOPE OF PRACTICE. 74.4The practice of occupational therapy by an occupational therapist or occupational 74.5therapy assistant includes, but is not limited to, intervention directed toward: 74.6(1) assessment and evaluation, including the use of skilled observation or 74.7the administration and interpretation of standardized or nonstandardized tests and 74.8measurements, to identify areas for occupational therapy services; 74.9(2) providing for the development of sensory integrative, neuromuscular, or motor 74.10components of performance; 74.11(3) providing for the development of emotional, motivational, cognitive, or 74.12psychosocial components of performance; 74.13(4) developing daily living skills; 74.14(5) developing feeding and swallowing skills; 74.15(6) developing play skills and leisure capacities; 74.16(7) enhancing educational performance skills; 74.17(8) enhancing functional performance and work readiness through exercise, range of 74.18motion, and use of ergonomic principles; 74.19(9) designing, fabricating, or applying rehabilitative technology, such as selected 74.20orthotic and prosthetic devices, and providing training in the functional use of these devices; 74.21(10) designing, fabricating, or adapting assistive technology and providing training 74.22in the functional use of assistive devices; 74.23(11) adapting environments using assistive technology such as environmental 74.24controls, wheelchair modifications, and positioning; 74.25(12) employing physical agent modalities, in preparation for or as an adjunct to 74.26purposeful activity, within the same treatment session or to meet established functional 74.27occupational therapy goals, consistent with the requirements of section ; and 74.28(13) promoting health and wellness. 74.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 74.30    Sec. 10. Minnesota Statutes 2012, section 148.6430, is amended to read: 74.31148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS. 74.32The occupational therapist is responsible for all duties delegated to the occupational 74.33therapy assistant or tasks assigned to direct service personnel. The occupational therapist 75.1may delegate to an occupational therapy assistant those portions of a client's evaluation, 75.2reevaluation, and treatment that, according to prevailing practice standards of the 75.3American Occupational Therapy Association, can be performed by an occupational 75.4therapy assistant. The occupational therapist may not delegate portions of an evaluation or 75.5reevaluation of a person whose condition is changing rapidly. Delegation of duties related 75.6to use of physical agent modalities to occupational therapy assistants is governed by 75.7section 148.6440, subdivision 6. 75.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 75.9    Sec. 11. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read: 75.10    Subdivision 1. Applicability. If the professional standards identified in section 75.11148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or 75.12treatment procedure, the occupational therapist must provide supervision consistent 75.13with this section. Supervision of occupational therapy assistants using physical agent 75.14modalities is governed by section 148.6440, subdivision 6. 75.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 75.16    Sec. 12. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read: 75.17    Subd. 3. Approved education program. "Approved education program" means 75.18a university, college, or other postsecondary education program of athletic training 75.19that, at the time the student completes the program, is approved or accredited by the 75.20National Athletic Trainers Association Professional Education Committee, the National 75.21Athletic Trainers Association Board of Certification, or the Joint Review Committee on 75.22Educational Programs in Athletic Training in collaboration with the American Academy 75.23of Family Physicians, the American Academy of Pediatrics, the American Medical 75.24Association, and the National Athletic Trainers Association new text begin a nationally recognized new text end 75.25 new text begin accreditation agency for athletic training education programs approved by the board new text end . 75.26    Sec. 13. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read: 75.27    Subd. 9. Credentialing examination. "Credentialing examination" means an 75.28examination administered by the National Athletic Trainers Association Board of 75.29Certification new text begin , or the board's recognized successor, new text end for credentialing as an athletic trainer, 75.30or an examination for credentialing offered by a national testing service that is approved 75.31by the board. 76.1    Sec. 14. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read: 76.2    Subdivision 1. Designation. A person shall not use in connection with the person's 76.3name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota 76.4registered athletic trainer; athletic trainer; new text begin AT; new text end ATR; or any words, letters, abbreviations, 76.5or insignia indicating or implying that the person is an athletic trainer, without a certificate 76.6of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student 76.7attending a college or university athletic training program must be identified as a "student 76.8athletic trainer new text begin an "athletic training student new text end ." 76.9    Sec. 15. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read: 76.10    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council 76.11is created and is composed of eight members appointed by the board. The advisory 76.12council consists of: 76.13(1) two public members as defined in section 214.02; 76.14(2) three members who, except for initial appointees, are registered athletic trainers, 76.15one being both a licensed physical therapist and registered athletic trainer as submitted by 76.16the Minnesota American Physical Therapy Association; 76.17(3) two members who are medical physicians licensed by the state and have 76.18experience with athletic training and sports medicine; and 76.19(4) one member who is a doctor of chiropractic licensed by the state and has 76.20experience with athletic training and sports injuries. 76.21    Sec. 16. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read: 76.22    Subdivision 1. Registration. The board may issue a certificate of registration as an 76.23athletic trainer to applicants who meet the requirements under this section. An applicant 76.24for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 76.25written application on a form, provided by the board, that includes: 76.26(1) the applicant's name, Social Security number, home address and telephone 76.27number, business address and telephone number, and business setting; 76.28(2) evidence satisfactory to the board of the successful completion of an education 76.29program approved by the board; 76.30(3) educational background; 76.31(4) proof of a baccalaureate new text begin or master's new text end degree from an accredited college or 76.32university; 76.33(5) credentials held in other jurisdictions; 76.34(6) a description of any other jurisdiction's refusal to credential the applicant; 77.1(7) a description of all professional disciplinary actions initiated against the applicant 77.2in any other jurisdiction; 77.3(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; 77.4(9) evidence satisfactory to the board of a qualifying score on a credentialing 77.5examination within one year of the application for registration; 77.6(10) additional information as requested by the board; 77.7(11) the applicant's signature on a statement that the information in the application is 77.8true and correct to the best of the applicant's knowledge and belief; and 77.9(12) the applicant's signature on a waiver authorizing the board to obtain access to 77.10the applicant's records in this state or any other state in which the applicant has completed 77.11an education program approved by the board or engaged in the practice of athletic training. 77.12    Sec. 17. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read: 77.13    Subd. 4. Temporary registration. (a) The board may issue a temporary registration 77.14as an athletic trainer to qualified applicants. A temporary registration is issued for 77.15one year new text begin 120 days new text end . An athletic trainer with a temporary registration may qualify for 77.16full registration after submission of verified documentation that the athletic trainer has 77.17achieved a qualifying score on a credentialing examination within one year new text begin 120 days new text end after 77.18the date of the temporary registration. new text begin A new text end temporary registration may not be renewed. 77.19(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for 77.20 new text begin a new text end temporary registration must submit the application materials and fees for registration 77.21required under subdivision 1, clauses (1) to (8) and (10) to (12). 77.22(c) An athletic trainer with a temporary registration shall work only under the 77.23direct supervision of an athletic trainer registered under this section. No more than four 77.24 new text begin two new text end athletic trainers with temporary registrations shall work under the direction of a 77.25registered athletic trainer. 77.26    Sec. 18. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read: 77.27    Subd. 2. Approved programs. The board shall approve a continuing education 77.28program that has been approved for continuing education credit by the National Athletic 77.29Trainers Association Board of Certification new text begin , or the board's recognized successor new text end . 77.30    Sec. 19. Minnesota Statutes 2012, section 148.7813, is amended by adding a 77.31subdivision to read: 77.32     new text begin Subd. 5. new text end new text begin Discipline; reporting. new text end new text begin For the purposes of this chapter, registered athletic new text end 77.33 new text begin trainers and applicants are subject to sections 147.091 to 147.162. new text end 78.1    Sec. 20. Minnesota Statutes 2012, section 148.7814, is amended to read: 78.2148.7814 APPLICABILITY. 78.3Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 78.4trainers by the National Athletic Trainers Association Board of Certification new text begin or the board's new text end 78.5 new text begin recognized successor new text end and come into Minnesota for a specific athletic event or series of 78.6athletic events with an individual or group. 78.7    Sec. 21. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read: 78.8    Subd. 2. Certified doula. "Certified doula" means an individual who has received 78.9a certification to perform doula services from the International Childbirth Education 78.10Association, the Doulas of North America (DONA), the Association of Labor Assistants 78.11and Childbirth Educators (ALACE), Birthworks, new text begin the new text end Childbirth and Postpartum 78.12Professional Association (CAPPA), Childbirth International, or new text begin the new text end International Center 78.13for Traditional Childbearing new text begin , or Commonsense Childbirth, Inc new text end . 78.14    Sec. 22. Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read: 78.15    Subd. 2. Qualifications. The commissioner shall include on the registry any 78.16individual who: 78.17    (1) submits an application on a form provided by the commissioner. The form must 78.18include the applicant's name, address, and contact information; 78.19    (2) maintains a current certification from one of the organizations listed in section 78.20146B.01, subdivision 2 new text begin 148.995, subdivision 2 new text end ; and 78.21    (3) pays the fees required under section 148.997. 78.22    Sec. 23. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read: 78.23    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed 78.244,000 hours of post-master's degree supervised professional practice in the delivery 78.25of clinical services in the diagnosis and treatment of mental illnesses and disorders in 78.26both children and adults. The supervised practice shall be conducted according to the 78.27requirements in paragraphs (b) to (e). 78.28    (b) The supervision must have been received under a contract that defines clinical 78.29practice and supervision from a mental health professional as defined in section 245.462, 78.30subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a 78.31board-approved supervisor, who has at least two years of postlicensure experience in the 78.32delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders. 78.33 new text begin All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010. new text end 79.1    (c) The supervision must be obtained at the rate of two hours of supervision per 40 79.2hours of professional practice. The supervision must be evenly distributed over the course 79.3of the supervised professional practice. At least 75 percent of the required supervision 79.4hours must be received in person. The remaining 25 percent of the required hours may be 79.5received by telephone or by audio or audiovisual electronic device. At least 50 percent of 79.6the required hours of supervision must be received on an individual basis. The remaining 79.750 percent may be received in a group setting. 79.8    (d) The supervised practice must include at least 1,800 hours of clinical client contact. 79.9    (e) The supervised practice must be clinical practice. Supervision includes the 79.10observation by the supervisor of the successful application of professional counseling 79.11knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 79.12function, disability, or impairment, including addictions and emotional, mental, and 79.13behavioral disorders. 79.14    Sec. 24. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read: 79.15    Subd. 4. Conversion to licensed professional clinical counselor after August 1, 79.162014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed 79.17professional counselor may convert to a LPCC by providing evidence satisfactory to the 79.18board that the applicant has met the requirements of subdivisions 1 and 2, subject to 79.19the following: 79.20    (1) the individual's license must be active and in good standing; 79.21    (2) the individual must not have any complaints pending, uncompleted disciplinary 79.22orders, or corrective action agreements; and 79.23    (3) the individual has paid the LPCC application and licensure fees required in 79.24section 148B.53, subdivision 3. new text begin (a) After August 1, 2014, an individual currently licensed new text end 79.25 new text begin in the state of Minnesota as a licensed professional counselor may convert to a LPCC by new text end 79.26 new text begin providing evidence satisfactory to the board that the applicant has met the following new text end 79.27 new text begin requirements: new text end 79.28     new text begin (1) is at least 18 years of age; new text end 79.29     new text begin (2) has a license that is active and in good standing; new text end 79.30     new text begin (3) has no complaints pending, uncompleted disciplinary order, or corrective action new text end 79.31 new text begin agreements; new text end 79.32     new text begin (4) has completed a master's or doctoral degree program in counseling or a related new text end 79.33 new text begin field, as determined by the board, and whose degree was from a counseling program new text end 79.34 new text begin recognized by CACREP or from an institution of higher education that is accredited by a new text end 79.35 new text begin regional accrediting organization recognized by CHEA; new text end 80.1     new text begin (5) has earned 24 graduate-level semester credits or quarter-credit equivalents in new text end 80.2 new text begin clinical coursework which includes content in the following clinical areas: new text end 80.3     new text begin (i) diagnostic assessment for child or adult mental disorders; normative development; new text end 80.4 new text begin and psychopathology, including developmental psychopathology; new text end 80.5     new text begin (ii) clinical treatment planning with measurable goals; new text end 80.6     new text begin (iii) clinical intervention methods informed by research evidence and community new text end 80.7 new text begin standards of practice; new text end 80.8     new text begin (iv) evaluation methodologies regarding the effectiveness of interventions; new text end 80.9     new text begin (v) professional ethics applied to clinical practice; and new text end 80.10     new text begin (vi) cultural diversity; new text end 80.11     new text begin (6) has demonstrated competence in professional counseling by passing the National new text end 80.12 new text begin Clinical Mental Health Counseling Examination (NCMHCE), administered by the new text end 80.13 new text begin National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational new text end 80.14 new text begin examinations as prescribed by the board; new text end 80.15     new text begin (7) has demonstrated, to the satisfaction of the board, successful completion of 4,000 new text end 80.16 new text begin hours of supervised, post-master's degree professional practice in the delivery of clinical new text end 80.17 new text begin services in the diagnosis and treatment of child and adult mental illnesses and disorders, new text end 80.18 new text begin which includes 1,800 direct client contact hours. A licensed professional counselor new text end 80.19 new text begin who has completed 2,000 hours of supervised post-master's degree clinical professional new text end 80.20 new text begin practice and who has independent practice status need only document 2,000 additional new text end 80.21 new text begin hours of supervised post-master's degree clinical professional practice, which includes 900 new text end 80.22 new text begin direct client contact hours; and new text end 80.23     new text begin (8) has paid the LPCC application and licensure fees required in section 148B.53, new text end 80.24 new text begin subdivision 3. new text end 80.25     new text begin (b) If the coursework in paragraph (a) was not completed as part of the degree new text end 80.26 new text begin program required by paragraph (a), clause (5), the coursework must be taken and passed new text end 80.27 new text begin for credit, and must be earned from a counseling program or institution that meets the new text end 80.28 new text begin requirements in paragraph (a), clause (5). new text end 80.29    Sec. 25. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read: 80.30    Subdivision 1. License requirements. The board shall issue a license to practice 80.31podiatric medicine to a person who meets the following requirements: 80.32(a) The applicant for a license shall file a written notarized application on forms 80.33provided by the board, showing to the board's satisfaction that the applicant is of good 80.34moral character and satisfies the requirements of this section. 81.1(b) The applicant shall present evidence satisfactory to the board of being a graduate 81.2of a podiatric medical school approved by the board based upon its faculty, curriculum, 81.3facilities, accreditation by a recognized national accrediting organization approved by the 81.4board, and other relevant factors. 81.5(c) The applicant must have received a passing score on each part of the national board 81.6examinations, parts one and two, prepared and graded by the National Board of Podiatric 81.7Medical Examiners. The passing score for each part of the national board examinations, 81.8parts one and two, is as defined by the National Board of Podiatric Medical Examiners. 81.9(d) Applicants graduating after 1986 from a podiatric medical school shall present 81.10evidence satisfactory to the board of the completion of (1) one year of graduate, clinical 81.11residency or preceptorship in a program accredited by a national accrediting organization 81.12approved by the board or (2) other graduate training that meets standards equivalent to 81.13those of an approved national accrediting organization or school of podiatric medicine 81.14 new text begin of successful completion of a residency program approved by a national accrediting new text end 81.15 new text begin podiatric medicine organization new text end . 81.16(e) The applicant shall appear in person before the board or its designated 81.17representative to show that the applicant satisfies the requirements of this section, 81.18including knowledge of laws, rules, and ethics pertaining to the practice of podiatric 81.19medicine. The board may establish as internal operating procedures the procedures or 81.20requirements for the applicant's personal presentation. 81.21(f) The applicant shall pay a fee established by the board by rule. The fee shall 81.22not be refunded. 81.23(g) The applicant must not have engaged in conduct warranting disciplinary action 81.24against a licensee. If the applicant does not satisfy the requirements of this paragraph, 81.25the board may refuse to issue a license unless it determines that the public will be 81.26protected through issuance of a license with conditions and limitations the board considers 81.27appropriate. 81.28(h) Upon payment of a fee as the board may require, an applicant who fails to pass 81.29an examination and is refused a license is entitled to reexamination within one year of 81.30the board's refusal to issue the license. No more than two reexaminations are allowed 81.31without a new application for a license. 81.32    Sec. 26. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 81.33to read: 81.34     new text begin Subd. 1a. new text end new text begin Relicensure after two-year lapse of practice; reentry program. new text end new text begin A new text end 81.35 new text begin podiatrist seeking licensure or reinstatement of a license after a lapse of continuous new text end 82.1 new text begin practice of podiatric medicine of greater than two years must reestablish competency by new text end 82.2 new text begin completing a reentry program approved by the board. new text end 82.3    Sec. 27. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read: 82.4    Subd. 2. Applicants licensed in another state. The board shall issue a license 82.5to practice podiatric medicine to any person currently or formerly licensed to practice 82.6podiatric medicine in another state who satisfies the requirements of this section: 82.7(a) The applicant shall satisfy the requirements established in subdivision 1. 82.8(b) The applicant shall present evidence satisfactory to the board indicating the 82.9current status of a license to practice podiatric medicine issued by the first state of 82.10licensure and all other states and countries in which the individual has held a license. 82.11(c) If the applicant has had a license revoked, engaged in conduct warranting 82.12disciplinary action against the applicant's license, or been subjected to disciplinary action, 82.13in another state, the board may refuse to issue a license unless it determines that the 82.14public will be protected through issuance of a license with conditions or limitations the 82.15board considers appropriate. 82.16(d) The applicant shall submit with the license application the following additional 82.17information for the five-year period preceding the date of filing of the application: (1) the 82.18name and address of the applicant's professional liability insurer in the other state; and (2) 82.19the number, date, and disposition of any podiatric medical malpractice settlement or award 82.20made to the plaintiff relating to the quality of podiatric medical treatment. 82.21(e) If the license is active, the applicant shall submit with the license application 82.22evidence of compliance with the continuing education requirements in the current state of 82.23licensure. 82.24(f) If the license is inactive, the applicant shall submit with the license application 82.25evidence of participation in one-half the new text begin same new text end number of hours of acceptable continuing 82.26education required for biennial renewal, as specified under Minnesota Rules, up to five 82.27years. If the license has been inactive for more than two years, the amount of acceptable 82.28continuing education required must be obtained during the two years immediately before 82.29application or the applicant must provide other evidence as the board may reasonably 82.30require. 82.31    Sec. 28. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read: 82.32    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the 82.33rules of the board, the board may issue a temporary permit to practice podiatric medicine 83.1to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed 83.212 months. A temporary permit may be extended under the following conditions: 83.3(1) the applicant submits acceptable evidence that the training was interrupted by 83.4circumstances beyond the control of the applicant and that the sponsor of the program 83.5agrees to the extension; 83.6(2) the applicant is continuing in a residency that extends for more than one year; or 83.7(3) the applicant is continuing in a residency that extends for more than two years. 83.8 new text begin approved by a national accrediting organization. The temporary permit is renewed new text end 83.9 new text begin annually until the residency training requirements are completed or until the residency new text end 83.10 new text begin program is terminated or discontinued. new text end 83.11    Sec. 29. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 83.12to read: 83.13     new text begin Subd. 4. new text end new text begin Continuing education. new text end new text begin (a) Every podiatrist licensed to practice in this new text end 83.14 new text begin state shall obtain 40 clock hours of continuing education in each two-year cycle of license new text end 83.15 new text begin renewal. All continuing education hours must be earned by verified attendance at or new text end 83.16 new text begin participation in a program or course sponsored by the Council on Podiatric Medical new text end 83.17 new text begin Education or approved by the board. In each two-year cycle, a maximum of eight hours of new text end 83.18 new text begin continuing education credits may be obtained through participation in online courses. new text end 83.19 new text begin (b) The number of continuing education hours required during the initial licensure new text end 83.20 new text begin period is that fraction of 40 hours, to the nearest whole hour, that is represented by the new text end 83.21 new text begin ratio of the number of days the license is held in the initial licensure period to 730 days. new text end 83.22    Sec. 30. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision 83.23to read: 83.24     new text begin Subd. 5. new text end new text begin Employer mandatory reporting. new text end new text begin (a) An employer of a person regulated new text end 83.25 new text begin by a health-related licensing board, and a health care institution or other organization new text end 83.26 new text begin where the regulated person is engaged in providing services, must report to the appropriate new text end 83.27 new text begin licensing board that a regulated person has diverted narcotics or other controlled new text end 83.28 new text begin substances in violation of state or federal narcotics or controlled substance law if: new text end 83.29 new text begin (1) the employer, health care institution, or organization making the report has new text end 83.30 new text begin knowledge of the diversion; and new text end 83.31 new text begin (2) the regulated person has diverted narcotics or other controlled substances new text end 83.32 new text begin from the reporting employer, health care institution, or organization, or at the reporting new text end 83.33 new text begin institution or organization. new text end 83.34 new text begin (b) The requirement to report under this subdivision does not apply if: new text end 84.1 new text begin (1) the regulated person is self-employed; new text end 84.2 new text begin (2) the knowledge was obtained in the course of a professional-patient relationship new text end 84.3 new text begin and the patient is regulated by the health-related licensing board; or new text end 84.4 new text begin (3) knowledge of the diversion first becomes known to the employer, health care new text end 84.5 new text begin institution, or other organization, either from (i) an individual who is serving as a work new text end 84.6 new text begin site monitor approved by the health professional services program for the regulated new text end 84.7 new text begin person who has self-reported to the health professional services program, and who new text end 84.8 new text begin has returned to work pursuant to a health professional services program participation new text end 84.9 new text begin agreement and monitoring plan; or (ii) the regulated person who has self-reported to the new text end 84.10 new text begin health professional services program and who has returned to work pursuant to the health new text end 84.11 new text begin professional services program participation agreement and monitoring plan. new text end 84.12 new text begin (c) Complying with subdivision 1 does not waive the requirement to report under new text end 84.13 new text begin this subdivision. new text end 84.14    Sec. 31. new text begin REPEALER. new text end 84.15 new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision new text end 84.16 new text begin 2; and 148.7813, new text end new text begin are repealed. new text end 84.17 new text begin (b) new text end new text begin Minnesota Statutes 2013 Supplement, section 148.6440, new text end new text begin is repealed. new text end 84.18 new text begin (c) new text end new text begin Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, new text end new text begin are new text end 84.19 new text begin repealed. new text end 84.20 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) is effective the day following final enactment. new text end 84.21ARTICLE 7 84.22CHEMICAL AND MENTAL HEALTH 84.23    Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to 84.24read: 84.25    Subd. 6a. Adult foster care homes serving people with mental illness; 84.26certification. (a) The commissioner of human services shall issue a mental health 84.27certification for adult foster care homes licensed under this chapter and Minnesota Rules, 84.28parts 9555.5105 to 9555.6265, that serve people with new text begin a primary diagnosis of new text end mental 84.29illness where the home is not the primary residence of the license holder when a provider 84.30is determined to have met the requirements under paragraph (b). This certification is 84.31voluntary for license holders. The certification shall be printed on the license, and 84.32identified on the commissioner's public Web site. 84.33(b) The requirements for certification are: 85.1(1) all staff working in the adult foster care home have received at least seven hours 85.2of annual training new text begin under paragraph (c) new text end covering all of the following topics: 85.3(i) mental health diagnoses; 85.4(ii) mental health crisis response and de-escalation techniques; 85.5(iii) recovery from mental illness; 85.6(iv) treatment options including evidence-based practices; 85.7(v) medications and their side effects; 85.8(vi) new text begin suicide intervention, identifying suicide warning signs, and appropriate new text end 85.9 new text begin responses; new text end 85.10 new text begin (vii) new text end co-occurring substance abuse and health conditions; and 85.11(vii) new text begin (viii) new text end community resources; 85.12(2) a mental health professional, as defined in section 245.462, subdivision 18, or 85.13a mental health practitioner as defined in section 245.462, subdivision 17, are available 85.14for consultation and assistance; 85.15(3) there is a plan and protocol in place to address a mental health crisis; and 85.16(4) new text begin there is a crisis plan for new text end each individual's Individual Placement Agreement 85.17 new text begin individual that new text end identifies who is providing clinical services and their contact information, 85.18and includes an individual crisis prevention and management plan developed with the 85.19individual. 85.20 new text begin (c) The training curriculum must be approved by the commissioner of human new text end 85.21 new text begin services and must include a testing component after training is completed. Training must new text end 85.22 new text begin be provided by a mental health professional or a mental health practitioner. Training may new text end 85.23 new text begin also be provided by an individual living with a mental illness or a family member of such new text end 85.24 new text begin an individual, who is from a nonprofit organization with a history of providing educational new text end 85.25 new text begin classes on mental illnesses approved by the Department of Human Services to deliver new text end 85.26 new text begin mental health training. Staff must receive three hours of training in the areas specified in new text end 85.27 new text begin paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The new text end 85.28 new text begin remaining hours of mandatory training, including a review of the information in paragraph new text end 85.29 new text begin (b), clause (1), item (ii), must be completed within six months of the hire date. For new text end 85.30 new text begin programs licensed under chapter 245D, training under this section may be incorporated new text end 85.31 new text begin into the 30 hours of staff orientation required under section 245D.09, subdivision 4. new text end 85.32(c) new text begin (d) new text end License holders seeking certification under this subdivision must request 85.33this certification on forms provided by the commissioner and must submit the request to 85.34the county licensing agency in which the home is located. The county licensing agency 85.35must forward the request to the commissioner with a county recommendation regarding 85.36whether the commissioner should issue the certification. 86.1(d) new text begin (e) new text end Ongoing compliance with the certification requirements under paragraph (b) 86.2shall be reviewed by the county licensing agency at each licensing review. When a county 86.3licensing agency determines that the requirements of paragraph (b) are not met, the county 86.4shall inform the commissioner, and the commissioner will remove the certification. 86.5(e) new text begin (f) new text end A denial of the certification or the removal of the certification based on a 86.6determination that the requirements under paragraph (b) have not been met by the adult 86.7foster care license holder are not subject to appeal. A license holder that has been denied a 86.8certification or that has had a certification removed may again request certification when 86.9the license holder is in compliance with the requirements of paragraph (b). 86.10    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read: 86.11245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS. 86.12(a) The commissioner of human services shall issue a mental health certification 86.13for services licensed under this chapter when a license holder is determined to have met 86.14the requirements under new text begin section 245A.03, subdivision 6a, new text end paragraph (b). This certification 86.15is voluntary for license holders. The certification shall be printed on the license and 86.16identified on the commissioner's public Web site. 86.17(b) The requirements for certification are: 86.18(1) all staff have received at least seven hours of annual training covering all of 86.19the following topics: 86.20(i) mental health diagnoses; 86.21(ii) mental health crisis response and de-escalation techniques; 86.22(iii) recovery from mental illness; 86.23(iv) treatment options, including evidence-based practices; 86.24(v) medications and their side effects; 86.25(vi) co-occurring substance abuse and health conditions; and 86.26(vii) community resources; 86.27(2) a mental health professional, as defined in section 245.462, subdivision 18, or a 86.28mental health practitioner as defined in section 245.462, subdivision 17, is available 86.29for consultation and assistance; 86.30(3) there is a plan and protocol in place to address a mental health crisis; and 86.31(4) each person's individual service and support plan identifies who is providing 86.32clinical services and their contact information, and includes an individual crisis prevention 86.33and management plan developed with the person. 86.34(c) new text begin (b) new text end License holders seeking certification under this section must request this 86.35certification on forms and in the manner prescribed by the commissioner. 87.1(d) new text begin (c) new text end If the commissioner finds that the license holder has failed to comply with 87.2the certification requirements under new text begin section 245A.03, subdivision 6a, new text end paragraph (b), 87.3the commissioner may issue a correction order and an order of conditional license in 87.4accordance with section 245A.06 or may issue a sanction in accordance with section 87.5245A.07 , including and up to removal of the certification. 87.6(e) new text begin (d) new text end A denial of the certification or the removal of the certification based on a 87.7determination that the requirements under new text begin section 245A.03, subdivision 6a, new text end paragraph 87.8(b) new text begin , new text end have not been met is not subject to appeal. A license holder that has been denied a 87.9certification or that has had a certification removed may again request certification when 87.10the license holder is in compliance with the requirements of new text begin section 245A.03, subdivision new text end 87.11 new text begin 6a, new text end paragraph (b). 87.12    Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read: 87.13    Subd. 2. Administration without judicial review. Neuroleptic medications may be 87.14administered without judicial review in the following circumstances: 87.15(1) the patient has the capacity to make an informed decision under subdivision 4; 87.16(2) the patient does not have the present capacity to consent to the administration 87.17of neuroleptic medication, but prepared a health care directive under chapter 145C or a 87.18declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an 87.19agent or proxy to request treatment, and the agent or proxy has requested the treatment; 87.20(3) new text begin the patient has been prescribed neuroleptic medication prior to admission to a new text end 87.21 new text begin treatment facility, but lacks the capacity to consent to the administration of that neuroleptic new text end 87.22 new text begin medication; continued administration of the medication is in the patient's best interest; new text end 87.23 new text begin and the patient does not refuse administration of the medication. In this situation, the new text end 87.24 new text begin previously prescribed neuroleptic medication may be continued for up to 14 days while new text end 87.25 new text begin the treating physician: new text end 87.26 new text begin (i) is obtaining a substitute decision-maker appointed by the court under subdivision new text end 87.27 new text begin 6; or new text end 87.28 new text begin (ii) is requesting an amendment to a current court order authorizing administration new text end 87.29 new text begin of neuroleptic medication; new text end 87.30 new text begin (4) new text end a substitute decision-maker appointed by the court consents to the administration 87.31of the neuroleptic medication and the patient does not refuse administration of the 87.32medication; or 87.33(4) new text begin (5) new text end the substitute decision-maker does not consent or the patient is refusing 87.34medication, and the patient is in an emergency situation. 88.1    Sec. 4. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision 88.2to read: 88.3     new text begin Subd. 8. new text end new text begin Culturally specific program. new text end new text begin (a) "Culturally specific program" means a new text end 88.4 new text begin substance use disorder treatment service program that is recovery-focused and culturally new text end 88.5 new text begin specific when the program: new text end 88.6 new text begin (1) improves service quality to and outcomes of a specific population by advancing new text end 88.7 new text begin health equity to help eliminate health disparities; and new text end 88.8 new text begin (2) ensures effective, equitable, comprehensive, and respectful quality care services new text end 88.9 new text begin that are responsive to an individual within a specific population's values, beliefs and new text end 88.10 new text begin practices, health literacy, preferred language, and other communication needs. new text end 88.11 new text begin (b) A tribally licensed substance use disorder program that is designated as serving new text end 88.12 new text begin a culturally specific population by the applicable tribal government is deemed to satisfy new text end 88.13 new text begin this subdivision. new text end 88.14    Sec. 5. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read: 88.15    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for 88.16chemical dependency services and service enhancements funded under this chapter. 88.17(b) Eligible chemical dependency treatment services include: 88.18(1) outpatient treatment services that are licensed according to Minnesota Rules, 88.19parts 9530.6405 to 9530.6480, or applicable tribal license; 88.20(2) medication-assisted therapy services that are licensed according to Minnesota 88.21Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license; 88.22(3) medication-assisted therapy plus enhanced treatment services that meet the 88.23requirements of clause (2) and provide nine hours of clinical services each week; 88.24(4) high, medium, and low intensity residential treatment services that are licensed 88.25according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 88.26tribal license which provide, respectively, 30, 15, and five hours of clinical services each 88.27week; 88.28(5) hospital-based treatment services that are licensed according to Minnesota Rules, 88.29parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 88.30sections 144.50 to 144.56; 88.31(6) adolescent treatment programs that are licensed as outpatient treatment programs 88.32according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 88.33programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and 88.34(7) room and board facilities that meet the requirements of section 254B.05, 88.35subdivision 1a. 89.1(c) The commissioner shall establish higher rates for programs that meet the 89.2requirements of paragraph (b) and the following additional requirements: 89.3(1) programs that serve parents with their children if the program meets the 89.4additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child 89.5care that meets the requirements of section 245A.03, subdivision 2, during hours of 89.6treatment activity; 89.7(2) new text begin culturally specific new text end programs serving special populations new text begin as defined in section new text end 89.8 new text begin 254B.01, subdivision 8, new text end if the program meets the requirements in Minnesota Rules, part 89.99530.6605, subpart 13; 89.10(3) programs that offer medical services delivered by appropriately credentialed 89.11health care staff in an amount equal to two hours per client per week; and 89.12(4) programs that offer services to individuals with co-occurring mental health and 89.13chemical dependency problems if: 89.14(i) the program meets the co-occurring requirements in Minnesota Rules, part 89.159530.6495; 89.16(ii) 25 percent of the counseling staff are mental health professionals, as defined in 89.17section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 89.18under the supervision of a licensed alcohol and drug counselor supervisor and licensed 89.19mental health professional, except that no more than 50 percent of the mental health staff 89.20may be students or licensing candidates; 89.21(iii) clients scoring positive on a standardized mental health screen receive a mental 89.22health diagnostic assessment within ten days of admission; 89.23(iv) the program has standards for multidisciplinary case review that include a 89.24monthly review for each client; 89.25(v) family education is offered that addresses mental health and substance abuse 89.26disorders and the interaction between the two; and 89.27(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 89.28training annually. 89.29(d) Adolescent residential programs that meet the requirements of Minnesota Rules, 89.30parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause 89.31(4), items (i) to (iv). 89.32    Sec. 6. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read: 89.33    Subd. 3. Juvenile treatment screening team. (a) The responsible social services 89.34agency shall establish a juvenile treatment screening team to conduct screenings and 89.35prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision 3. 90.1Screenings shall be conducted within 15 days of a request for a screening new text begin , provided that if new text end 90.2 new text begin the screening is for the purpose of placement in mental health residential treatment and the new text end 90.3 new text begin child is enrolled in a prepaid health program under section 256B.69, the screening must new text end 90.4 new text begin be conducted within ten working days of a request new text end . The team, which may be the team 90.5constituted under section 245.4885 or 256B.092 or Minnesota Rules, parts 9530.6600 90.6to 9530.6655, shall consist of social workers, juvenile justice professionals, persons 90.7with expertise in the treatment of juveniles who are emotionally disabled, chemically 90.8dependent, or have a developmental disability, and the child's parent, guardian, or 90.9permanent legal custodian under Minnesota Statutes 2010, section 260C.201, subdivision 90.1011 , or section 260C.515, subdivision 4. The team may be the same team as defined in 90.11section 260B.157, subdivision 3. 90.12(b) The social services agency shall determine whether a child brought to its 90.13attention for the purposes described in this section is an Indian child, as defined in section 90.14260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as 90.15defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 90.16the team provided in paragraph (a) shall include a designated representative of the Indian 90.17child's tribe, unless the child's tribal authority declines to appoint a representative. The 90.18Indian child's tribe may delegate its authority to represent the child to any other federally 90.19recognized Indian tribe, as defined in section 260.755, subdivision 12. 90.20(c) If the court, prior to, or as part of, a final disposition, proposes to place a child: 90.21(1) for the primary purpose of treatment for an emotional disturbance, a 90.22developmental disability, or chemical dependency in a residential treatment facility out 90.23of state or in one which is within the state and licensed by the commissioner of human 90.24services under chapter 245A; or 90.25(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 90.26postdispositional placement in a facility licensed by the commissioner of corrections or 90.27human services, the court shall ascertain whether the child is an Indian child and shall 90.28notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 90.29child's tribe. The county's juvenile treatment screening team must either: (i) screen and 90.30evaluate the child and file its recommendations with the court within 14 days of receipt 90.31of the notice; or (ii) elect not to screen a given case and notify the court of that decision 90.32within three working days. 90.33(d) The child may not be placed for the primary purpose of treatment for an 90.34emotional disturbance, a developmental disability, or chemical dependency, in a residential 90.35treatment facility out of state nor in a residential treatment facility within the state that is 90.36licensed under chapter 245A, unless one of the following conditions applies: 91.1(1) a treatment professional certifies that an emergency requires the placement 91.2of the child in a facility within the state; 91.3(2) the screening team has evaluated the child and recommended that a residential 91.4placement is necessary to meet the child's treatment needs and the safety needs of the 91.5community, that it is a cost-effective means of meeting the treatment needs, and that it 91.6will be of therapeutic value to the child; or 91.7(3) the court, having reviewed a screening team recommendation against placement, 91.8determines to the contrary that a residential placement is necessary. The court shall state 91.9the reasons for its determination in writing, on the record, and shall respond specifically 91.10to the findings and recommendation of the screening team in explaining why the 91.11recommendation was rejected. The attorney representing the child and the prosecuting 91.12attorney shall be afforded an opportunity to be heard on the matter. 91.13(e) When the county's juvenile treatment screening team has elected to screen and 91.14evaluate a child determined to be an Indian child, the team shall provide notice to the 91.15tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 91.16member of the tribe or as a person eligible for membership in the tribe, and permit the 91.17tribe's representative to participate in the screening team. 91.18(f) When the Indian child's tribe or tribal health care services provider or Indian 91.19Health Services provider proposes to place a child for the primary purpose of treatment 91.20for an emotional disturbance, a developmental disability, or co-occurring emotional 91.21disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 91.22the child's tribe shall submit necessary documentation to the county juvenile treatment 91.23screening team, which must invite the Indian child's tribe to designate a representative to 91.24the screening team. 91.25    Sec. 7. new text begin PILOT PROGRAM; NOTICE AND INFORMATION TO new text end 91.26 new text begin COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS new text end 91.27 new text begin COMMITTED TO COMMISSIONER. new text end 91.28 new text begin The commissioner of human services may create a pilot program that is designed to new text end 91.29 new text begin respond to issues raised in the February 2013 Office of the Legislative Auditor report on new text end 91.30 new text begin state-operated services. The pilot program may include no more than three counties to new text end 91.31 new text begin test the efficacy of providing notice and information to the commissioner when a petition new text end 91.32 new text begin is filed to commit a patient exclusively to the commissioner. The commissioner shall new text end 91.33 new text begin provide a status update to the chairs and ranking minority members of the legislative new text end 91.34 new text begin committees with jurisdiction over civil commitment and human services issues, no later new text end 91.35 new text begin than January 15, 2015. new text end 92.1ARTICLE 8 92.2MISCELLANEOUS 92.3    Section 1. Minnesota Statutes 2012, section 144.413, subdivision 4, is amended to read: 92.4    Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke new text begin or vapor new text end from 92.5any lighted new text begin or heated new text end cigar, cigarette, pipe, or any other lighted new text begin or heated new text end tobacco or 92.6plant product new text begin or electronic delivery device, as defined in section 609.685 new text end . Smoking also 92.7includes carrying new text begin holding new text end a lighted new text begin or heated new text end cigar, cigarette, pipe, or any other lighted new text begin or new text end 92.8 new text begin heated new text end tobacco or plant product new text begin or electronic delivery device new text end intended for inhalation. 92.9    Sec. 2. Minnesota Statutes 2012, section 144.4165, is amended to read: 92.10144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS. 92.11No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 92.12product new text begin , or inhale or exhale vapor from an electronic delivery device, new text end in a public school, 92.13as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all 92.14facilities, whether owned, rented, or leased, and all vehicles that a school district owns, 92.15leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of 92.16tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For 92.17purposes of this section, an Indian is a person who is a member of an Indian tribe as 92.18defined in section 260.755 subdivision 12. 92.19    Sec. 3. new text begin [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION new text end 92.20 new text begin EXPIRATION. new text end 92.21 new text begin Notwithstanding any practice to the contrary, in an emergency situation or in the new text end 92.22 new text begin case of lost glasses, an optometrist or physician may authorize a new pair of prescription new text end 92.23 new text begin eyeglasses using the prescription from the old lenses or the last prescription available. new text end 92.24    Sec. 4. new text begin [151.71] MAXIMUM ALLOWABLE COST PRICING. new text end 92.25     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin (a) For purposes of this section, the following definitions new text end 92.26 new text begin apply. new text end 92.27 new text begin (b) "Health plan company" has the meaning provided in section 62Q.01, subdivision new text end 92.28 new text begin 4. new text end 92.29 new text begin (c) "Pharmacy benefit manager" means an entity doing business in this state that new text end 92.30 new text begin contracts to administer or manage prescription drug benefits on behalf of any health plan new text end 92.31 new text begin company that provides prescription drug benefits to residents of this state. new text end 93.1     new text begin Subd. 2. new text end new text begin Pharmacy benefit manager contracts with pharmacies; maximum new text end 93.2 new text begin allowable cost pricing. new text end new text begin (a) In each contract between a pharmacy benefit manager and new text end 93.3 new text begin a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit new text end 93.4 new text begin manager a current list of the sources used to determine maximum allowable cost pricing. new text end 93.5 new text begin The pharmacy benefit manager shall update the pricing information at least every seven new text end 93.6 new text begin business days and provide a means by which contracted pharmacies may promptly review new text end 93.7 new text begin current prices in an electronic, print, or telephonic format within one business day at no new text end 93.8 new text begin cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate new text end 93.9 new text begin products from the list of drugs subject to maximum allowable cost pricing in a timely new text end 93.10 new text begin manner in order to remain consistent with changes in the marketplace. new text end 93.11 new text begin (b) In order to place a prescription drug on a maximum allowable cost list, a new text end 93.12 new text begin pharmacy benefit manager shall ensure that the drug is generally available for purchase by new text end 93.13 new text begin pharmacies in this state from a national or regional wholesaler and is not obsolete. new text end 93.14 new text begin (c) Each contract between a pharmacy benefit manager and a pharmacy must include new text end 93.15 new text begin a process to appeal, investigate, and resolve disputes regarding maximum allowable cost new text end 93.16 new text begin pricing that includes: new text end 93.17 new text begin (1) a 15-business day limit on the right to appeal following the initial claim; new text end 93.18 new text begin (2) a requirement that the appeal be investigated and resolved within seven business new text end 93.19 new text begin days after the appeal is received; and new text end 93.20 new text begin (3) a requirement that a pharmacy benefit manager provide a reason for any appeal new text end 93.21 new text begin denial and identify the national drug code of a drug that may be purchased by the new text end 93.22 new text begin pharmacy at a price at or below the maximum allowable cost price as determined by new text end 93.23 new text begin the pharmacy benefit manager. new text end 93.24 new text begin (d) If an appeal is upheld, the pharmacy benefit manager shall make an adjustment new text end 93.25 new text begin to the maximum allowable cost price no later than one business day after the date of new text end 93.26 new text begin determination. The pharmacy benefit manager shall make the price adjustment applicable new text end 93.27 new text begin to all similarly situated network pharmacy providers as defined by the plan sponsor. new text end 93.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 93.29    Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 93.30amended to read: 93.31    Subd. 2. Membership terms, compensation, removal and expiration. The 93.32membership of this council shall be composed of 17 persons who are American Indians 93.33and who are appointed by the commissioner. The commissioner shall appoint one 93.34representative from each of the following groups: Red Lake Band of Chippewa Indians; 93.35Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 94.1Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 94.2Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 94.3Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 94.4Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 94.5Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 94.6and two representatives from the Minneapolis Urban Indian Community and two from the 94.7St. Paul Urban Indian Community. The terms, compensation, and removal of American 94.8Indian Advisory Council members shall be as provided in section 15.059. new text begin Notwithstanding new text end 94.9 new text begin section 15.059, subdivision 5, new text end the council expires June 30, 2014 new text begin does not expire new text end . 94.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 94.11    Sec. 6. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read: 94.12254A.04 CITIZENS ADVISORY COUNCIL. 94.13There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 94.14advise the Department of Human Services concerning the problems of alcohol and 94.15other drug dependency and abuse, composed of ten members. Five members shall be 94.16individuals whose interests or training are in the field of alcohol dependency and abuse; 94.17and five members whose interests or training are in the field of dependency and abuse of 94.18drugs other than alcohol. The terms, compensation and removal of members shall be as 94.19provided in section 15.059. new text begin Notwithstanding section 15.059, subdivision 5, new text end the council 94.20expires June 30, 2014 new text begin does not expire new text end . The commissioner of human services shall appoint 94.21members whose terms end in even-numbered years. The commissioner of health shall 94.22appoint members whose terms end in odd-numbered years. 94.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 94.24    Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1, is 94.25amended to read: 94.26    Subdivision 1. State traumatic brain injury program. new text begin (a) new text end The commissioner 94.27of human services shall: 94.28    (1) maintain a statewide traumatic brain injury program; 94.29    (2) supervise and coordinate services and policies for persons with traumatic brain 94.30injuries; 94.31    (3) contract with qualified agencies or employ staff to provide statewide 94.32administrative case management and consultation; 95.1    (4) maintain an advisory committee to provide recommendations in reports to the 95.2commissioner regarding program and service needs of persons with brain injuries; 95.3    (5) investigate the need for the development of rules or statutes for the brain injury 95.4home and community-based services waiver; new text begin and new text end 95.5    (6) investigate present and potential models of service coordination which can be 95.6delivered at the local level; and new text begin . new text end 95.7    (7) new text begin (b) new text end The advisory committee required by new text begin paragraph (a), new text end clause (4) new text begin , new text end must consist 95.8of no fewer than ten members and no more than 30 members. The commissioner shall 95.9appoint all advisory committee members to one- or two-year terms and appoint one 95.10member as chair. Notwithstanding section 15.059, subdivision 5, the advisory committee 95.11does not terminate until June 30, 2014 new text begin expire new text end . 95.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 95.13    Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is 95.14amended to read: 95.15    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American 95.16Indian Child Welfare Advisory Council expires June 30, 2014 new text begin does not expire new text end . 95.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 95.18    Sec. 9. Minnesota Statutes 2012, section 325H.05, is amended to read: 95.19325H.05 POSTED WARNING REQUIRED. 95.20(a) The facility owner or operator shall conspicuously post the warning sign new text begin signs new text end 95.21 described in paragraph new text begin paragraphs new text end (b) new text begin and (c) new text end within three feet of each tanning station. 95.22The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, 95.23and must be posted so that it can be easily viewed by the consumer before energizing the 95.24tanning equipment. 95.25(b) The warning sign required in paragraph (a) shall have dimensions not less than 95.26eight inches by ten inches, and must have the following wording: 95.27"DANGER - ULTRAVIOLET RADIATION 95.28-Follow instructions. 95.29-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin 95.30injury and allergic reactions. Repeated exposure may cause premature aging 95.31of the skin and skin cancer. 95.32-Wear protective eyewear. 95.33FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT 96.1IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. 96.2-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. 96.3Consult a physician before using sunlamp or tanning equipment if you are 96.4using medications or have a history of skin problems or believe yourself to be 96.5especially sensitive to sunlight." 96.6 new text begin (c) All tanning facilities must prominently display a sign in a conspicuous place, new text end 96.7 new text begin at the point of sale, that states it is unlawful for a tanning facility or operator to allow a new text end 96.8 new text begin person under age 18 to use any tanning equipment. new text end 96.9    Sec. 10. new text begin [325H.085] USE BY MINORS PROHIBITED. new text end 96.10 new text begin A person under age 18 may not use any type of tanning equipment as defined by new text end 96.11 new text begin section 325H.01, subdivision 6, available in a tanning facility in this state. new text end 96.12    Sec. 11. Minnesota Statutes 2012, section 325H.09, is amended to read: 96.13325H.09 PENALTY. 96.14Any person who leases tanning equipment or who owns a tanning facility and who 96.15operates or permits the equipment or facility to be operated in noncompliance with the 96.16requirements of sections 325H.01 to new text begin 325H.085 new text end is guilty of a petty misdemeanor 96.17 new text begin and shall be subject to a penalty of not less than $150 for the first violation and not more new text end 96.18 new text begin than $300 for each subsequent violation new text end . 96.19    Sec. 12. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read: 96.20    Subd. 2. Selection of members, terms, vacancies. Except in counties which 96.21contain a city of the first class and counties having a poor and hospital commission, the 96.22local social services agency shall consist of seven members, including the board of county 96.23commissioners, to be selected as herein provided; two members, one of whom shall be 96.24a woman, shall be appointed by the commissioner of human services new text begin board of county new text end 96.25 new text begin commissioners new text end , one each year for a full term of two years, from a list of residents, submitted 96.26by the board of county commissioners. As each term expires or a vacancy occurs by reason 96.27of death or resignation new text begin , new text end a successor shall be appointed by the commissioner of human 96.28services new text begin board of county commissioners new text end for the full term of two years or the balance of any 96.29unexpired term from a list of one or more, not to exceed three residents submitted by the 96.30board of county commissioners. The board of county commissioners may, by resolution 96.31adopted by a majority of the board, determine that only three of their members shall be 96.32members of the local social services agency, in which event the local social services agency 96.33shall consist of five members instead of seven. When a vacancy occurs on the local social 97.1services agency by reason of the death, resignation, or expiration of the term of office of a 97.2member of the board of county commissioners, the unexpired term of such member shall 97.3be filled by appointment by the county commissioners. Except to fill a vacancy the term 97.4of office of each member of the local social services agency shall commence on the first 97.5Thursday after the first Monday in July, and continue until the expiration of the term 97.6for which such member was appointed or until a successor is appointed and qualifies. 97.7If the board of county commissioners shall refuse, fail, omit, or neglect to submit one 97.8or more nominees to the commissioner of human services for appointment to the local 97.9social services agency by the commissioner of human services, as herein provided, or to 97.10appoint the three members to the local social services agency, as herein provided, by the 97.11time when the terms of such members commence, or, in the event of vacancies, for a 97.12period of 30 days thereafter, the commissioner of human services is hereby empowered 97.13to and shall forthwith appoint residents of the county to the local social services agency. 97.14The commissioner of human services, on refusing to appoint a nominee from the list of 97.15nominees submitted by the board of county commissioners, shall notify the county board 97.16of such refusal. The county board shall thereupon nominate additional nominees. Before 97.17the commissioner of human services shall fill any vacancy hereunder resulting from the 97.18failure or refusal of the board of county commissioners of any county to act, as required 97.19herein, the commissioner of human services shall mail 15 days' written notice to the board 97.20of county commissioners of its intention to fill such vacancy or vacancies unless the board 97.21of county commissioners shall act before the expiration of the 15-day period. 97.22    Sec. 13. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read: 97.23    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1 97.24two or more counties may by resolution of their respective boards of county commissioners, 97.25agree to combine the functions of their separate local social services agency into one local 97.26social services agency to serve the two or more counties that enter into the agreement. 97.27Such agreement may be for a definite term or until terminated in accordance with its terms. 97.28When two or more counties have agreed to combine the functions of their separate local 97.29social services agency, a single local social services agency in lieu of existing individual 97.30local social services agency shall be established to direct the activities of the combined 97.31agency. This agency shall have the same powers, duties and functions as an individual local 97.32social services agency. The single local social services agency shall have representation 97.33from each of the participating counties with selection of the members to be as follows: 98.1(a) Each board of county commissioners entering into the agreement shall on an 98.2annual basis select one or two of its members to serve on the single local social services 98.3agency. 98.4(b) Each board of county commissioners entering into the agreement shall in 98.5accordance with procedures established by the commissioner of human services, submit a 98.6list of names of three county residents, who shall not be county commissioners, to the 98.7commissioner of human services. The commissioner shall select one person from each 98.8county list new text begin county resident who is not a county commissioner new text end to serve as a local social 98.9services agency member. 98.10(c) The composition of the agency may be determined by the boards of county 98.11commissioners entering into the agreement providing that no less than one-third of the 98.12members are appointed as provided in clause (b). 98.13    Sec. 14. new text begin [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION; new text end 98.14 new text begin REGISTRATION. new text end 98.15     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 98.16 new text begin have the meanings given them. new text end 98.17 new text begin (b) "Automatic external defibrillator" or "AED" means an electronic device designed new text end 98.18 new text begin and manufactured to operate automatically or semiautomatically for the purpose of new text end 98.19 new text begin delivering an electrical current to the heart of a person in sudden cardiac arrest. new text end 98.20 new text begin (c) "AED registry" means a registry of AEDs that requires a maintenance program new text end 98.21 new text begin or package, and includes, but is not limited to: the Minnesota AED Registry, the National new text end 98.22 new text begin AED Registry, iRescU, or a manufacturer-specific program. new text end 98.23 new text begin (d) "Public Access AED" means an AED that is intended, by its markings or display, new text end 98.24 new text begin to be used or accessed by the public for the benefit of the general public that may be in the new text end 98.25 new text begin vicinity or location of that AED. It does not include an AED that is owned or used by a new text end 98.26 new text begin hospital, clinic, business, or organization that is intended to be used by staff and is not new text end 98.27 new text begin marked or displayed in a manner to encourage public access. new text end 98.28 new text begin (e) "Maintenance program or package" means a program that will alert the AED new text end 98.29 new text begin owner when the AED has electrodes and batteries due to expire or replaces those expiring new text end 98.30 new text begin electrodes and batteries for the AED owner. new text end 98.31 new text begin (f) "Public safety agency" means local law enforcement, county sheriff, municipal new text end 98.32 new text begin police, tribal agencies, state law enforcement, fire departments, including municipal new text end 98.33 new text begin departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, new text end 98.34 new text begin and licensed ambulance services. new text end 99.1 new text begin (g) "Mobile AED" means an AED that (1) is purchased with the intent of being located new text end 99.2 new text begin in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be new text end 99.3 new text begin placed in stationary storage, including, but not limited to, an AED used at an athletic event. new text end 99.4 new text begin (h) "Private Use AED" means an AED that is not intended to be used or accessed by new text end 99.5 new text begin the public for the benefit of the general public. This may include, but is not limited to, new text end 99.6 new text begin AEDs found in private residences. new text end 99.7     new text begin Subd. 2. new text end new text begin Registration. new text end new text begin A person who purchases or obtains a Public Access AED new text end 99.8 new text begin shall register that device with an AED registry within 30 working days of receiving the new text end 99.9 new text begin AED. new text end 99.10     new text begin Subd. 3. new text end new text begin Required information. new text end new text begin A person registering a Public Access AED shall new text end 99.11 new text begin provide the following information for each AED: new text end 99.12 new text begin (1) AED manufacturer, model, and serial number; new text end 99.13 new text begin (2) specific location where the AED will be kept; and new text end 99.14 new text begin (3) the title, address, and telephone number of a person in management at the new text end 99.15 new text begin business or organization where the AED is located. new text end 99.16     new text begin Subd. 4. new text end new text begin Information changes. new text end new text begin The owner of a Public Access AED shall notify the new text end 99.17 new text begin owner's AED registry of any changes in the information that is required in the registration new text end 99.18 new text begin within 30 working days of the change occurring. new text end 99.19     new text begin Subd. 5. new text end new text begin Public Access AED requirements. new text end new text begin A Public Access AED: new text end 99.20 new text begin (1) may be inspected during regular business hours by a public safety agency with new text end 99.21 new text begin jurisdiction over the location of the AED; new text end 99.22 new text begin (2) must be kept in the location specified in the registration; and new text end 99.23 new text begin (3) must be reasonably maintained, including replacement of dead batteries and new text end 99.24 new text begin pads/electrodes, and comply with all manufacturer's recall and safety notices. new text end 99.25     new text begin Subd. 6. new text end new text begin Removal of AED. new text end new text begin An authorized agent of a public safety agency with new text end 99.26 new text begin jurisdiction over the location of the AED may direct the owner of a Public Access AED to new text end 99.27 new text begin comply with this section. The authorized agent of the public safety agency may direct new text end 99.28 new text begin the owner of the AED to remove the AED from its public access location and to remove new text end 99.29 new text begin or cover any public signs relating to that AED if it is determined that the AED is not new text end 99.30 new text begin ready for immediate use. new text end 99.31     new text begin Subd. 7. new text end new text begin Private Use AEDs. new text end new text begin The owner of a Private Use AED is not subject to the new text end 99.32 new text begin requirements of this section but is encouraged to maintain the AED in a consistent manner. new text end 99.33     new text begin Subd. 8. new text end new text begin Mobile AEDs. new text end new text begin The owner of a Mobile AED is not subject to the new text end 99.34 new text begin requirements of this section but is encouraged to maintain the AED in a consistent manner. new text end 99.35     new text begin Subd. 9. new text end new text begin Signs. new text end new text begin A person acquiring a Public Use AED is encouraged but is not new text end 99.36 new text begin required to post signs bearing the universal AED symbol in order to increase the ease of new text end 100.1 new text begin access by the public to the AED in the event of an emergency. A person may not post any new text end 100.2 new text begin AED sign or allow any AED sign to remain posted upon being ordered to remove or cover new text end 100.3 new text begin any AED signs by an authorized agent of a public safety agency. new text end 100.4     new text begin Subd. 10. new text end new text begin Emergency response plans. new text end new text begin The owner of one or more Public Access new text end 100.5 new text begin AEDs shall develop an emergency response plan appropriate for the nature of the facility new text end 100.6 new text begin the AED is intended to serve. new text end 100.7     new text begin Subd. 11. new text end new text begin Civil or criminal liability. new text end new text begin This section does not create any civil liability new text end 100.8 new text begin on the part of an AED owner or preclude civil liability under other law. Section 645.241 new text end 100.9 new text begin does not apply to this section. new text end 100.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014. new text end 100.11    Sec. 15. Minnesota Statutes 2012, section 461.12, is amended to read: 100.12461.12 MUNICIPAL TOBACCO LICENSE new text begin OF TOBACCO, new text end 100.13 new text begin TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS new text end . 100.14    Subdivision 1. Authorization. A town board or the governing body of a home 100.15rule charter or statutory city may license and regulate the retail sale of tobacco and new text begin , new text end 100.16 tobacco-related devices new text begin , and electronic delivery devices new text end as defined in section 609.685, 100.17subdivision 1 , new text begin and nicotine and lobelia delivery products as described in section 609.6855, new text end 100.18and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 100.19The county board shall license and regulate the sale of tobacco and new text begin , new text end tobacco-related 100.20devices new text begin , electronic delivery devices, and nicotine and lobelia products new text end in unorganized 100.21territory of the county except on the State Fairgrounds and in a town or a home rule charter 100.22or statutory city if the town or city does not license and regulate retail new text begin sales of new text end tobacco 100.23sales new text begin , tobacco-related devices, electronic delivery devices, and nicotine and lobelia new text end 100.24 new text begin delivery products new text end . The State Agricultural Society shall license and regulate the sale of 100.25tobacco new text begin , tobacco-related devices, electronic delivery devices, and nicotine and lobelia new text end 100.26 new text begin delivery products new text end on the State Fairgrounds. Retail establishments licensed by a town or 100.27city to sell tobacco new text begin , tobacco-related devices, electronic delivery devices, and nicotine and new text end 100.28 new text begin lobelia delivery products new text end are not required to obtain a second license for the same location 100.29under the licensing ordinance of the county. 100.30    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a 100.31licensee sells tobacco or new text begin , new text end tobacco-related devices new text begin , electronic delivery devices, or nicotine new text end 100.32 new text begin or lobelia delivery products new text end to a person under the age of 18 years, or violates any other 100.33provision of this chapter, the licensee shall be charged an administrative penalty of $75. 100.34An administrative penalty of $200 must be imposed for a second violation at the same 101.1location within 24 months after the initial violation. For a third violation at the same 101.2location within 24 months after the initial violation, an administrative penalty of $250 101.3must be imposed, and the licensee's authority to sell tobacco new text begin , tobacco-related devices, new text end 101.4 new text begin electronic delivery devices, or nicotine or lobelia delivery products new text end at that location must be 101.5suspended for not less than seven days. No suspension or penalty may take effect until the 101.6licensee has received notice, served personally or by mail, of the alleged violation and an 101.7opportunity for a hearing before a person authorized by the licensing authority to conduct 101.8the hearing. A decision that a violation has occurred must be in writing. 101.9    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco 101.10or new text begin , new text end tobacco-related devices new text begin , electronic delivery devices, or nicotine or lobelia delivery new text end 101.11 new text begin products new text end to a person under the age of 18 years must be charged an administrative penalty 101.12of $50. No penalty may be imposed until the individual has received notice, served 101.13personally or by mail, of the alleged violation and an opportunity for a hearing before a 101.14person authorized by the licensing authority to conduct the hearing. A decision that a 101.15violation has occurred must be in writing. 101.16    Subd. 4. Minors. The licensing authority shall consult with interested educators, 101.17parents, children, and representatives of the court system to develop alternative penalties 101.18for minors who purchase, possess, and consume tobacco or new text begin , new text end tobacco-related devices new text begin , new text end 101.19 new text begin electronic delivery devices, or nicotine or lobelia delivery products new text end . The licensing 101.20authority and the interested persons shall consider a variety of options, including, but 101.21not limited to, tobacco free education programs, notice to schools, parents, community 101.22service, and other court diversion programs. 101.23    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced 101.24compliance checks at least once each calendar year at each location where tobacco is new text begin , new text end 101.25 new text begin tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products new text end 101.26 new text begin are new text end sold to test compliance with section new text begin sections new text end 609.685 new text begin and 609.6855 new text end . Compliance 101.27checks must involve minors over the age of 15, but under the age of 18, who, with the prior 101.28written consent of a parent or guardian, attempt to purchase tobacco or new text begin , new text end tobacco-related 101.29devices new text begin , electronic delivery devices, or nicotine or lobelia delivery products new text end under the 101.30direct supervision of a law enforcement officer or an employee of the licensing authority. 101.31    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco 101.32or new text begin , new text end tobacco-related devices new text begin , electronic delivery devices, or nicotine or lobelia delivery new text end 101.33 new text begin products new text end to a person under the age of 18 years in violation of subdivision 2 or 3 that the 101.34licensee or individual making the sale relied in good faith upon proof of age as described 101.35in section 340A.503, subdivision 6. 102.1    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision 102.22 or 3 may have the decision reviewed in the district court in the same manner and 102.3procedure as provided in section 462.361. 102.4    Subd. 8. Notice to commissioner. The licensing authority under this section shall, 102.5within 30 days of the issuance of a license, inform the commissioner of revenue of the 102.6licensee's name, address, trade name, and the effective and expiration dates of the license. 102.7The commissioner of revenue must also be informed of a license renewal, transfer, 102.8cancellation, suspension, or revocation during the license period. 102.9    Sec. 16. Minnesota Statutes 2012, section 461.18, is amended to read: 102.10461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS. 102.11    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale 102.12tobacco or tobacco-related devices, new text begin or electronic delivery devices new text end as defined in section 102.13609.685, subdivision 1 , new text begin or nicotine or lobelia delivery products as described in section new text end 102.14 new text begin 609.6855, new text end in open displays which are accessible to the public without the intervention 102.15of a store employee. 102.16(b) [Expired August 28, 1997] 102.17(c) [Expired] 102.18(d) This subdivision shall not apply to retail stores which derive at least 90 percent 102.19of their revenue from tobacco and tobacco-related products new text begin devices new text end and where the retailer 102.20ensures that no person younger than 18 years of age is present, or permitted to enter, at 102.21any time. 102.22    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products new text begin , new text end 102.23 new text begin electronic delivery devices, or nicotine or lobelia delivery products new text end from vending 102.24machines. This subdivision does not apply to vending machines in facilities that cannot be 102.25entered at any time by persons younger than 18 years of age. 102.26    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal 102.27Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 102.28and other multipack units. 102.29    Sec. 17. Minnesota Statutes 2012, section 461.19, is amended to read: 102.30461.19 EFFECT ON LOCAL ORDINANCE; NOTICE. 102.31Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 102.32restrictive regulation of new text begin sales of new text end tobacco sales new text begin , tobacco-related devices, electronic delivery new text end 102.33 new text begin devices, and nicotine and lobelia products new text end . A governing body shall give notice of its 102.34intention to consider adoption or substantial amendment of any local ordinance required 103.1under section 461.12 or permitted under this section. The governing body shall take 103.2reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 103.3known address of each licensee or person required to hold a license under section 461.12. 103.4The notice shall state the time, place, and date of the meeting and the subject matter of 103.5the proposed ordinance. 103.6    Sec. 18. Minnesota Statutes 2012, section 609.685, is amended to read: 103.7609.685 SALE OF TOBACCO TO CHILDREN. 103.8    Subdivision 1. Definitions. For the purposes of this section, the following terms 103.9shall have the meanings respectively ascribed to them in this section. 103.10(a) "Tobacco" means cigarettes and any product containing, made, or derived from 103.11tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 103.12dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 103.13part, or accessory of a tobacco product; new text begin including but not limited to new text end cigars; cheroots; 103.14stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 103.15snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 103.16shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 103.17forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 103.18United States Food and Drug Administration for sale as a tobacco new text begin - new text end cessation product, as a 103.19tobacco new text begin - new text end dependence product, or for other medical purposes, and is being marketed and 103.20sold solely for such an approved purpose. 103.21(b) "Tobacco-related devices" means cigarette papers or pipes for smoking new text begin or new text end 103.22 new text begin other devices intentionally designed or intended to be used in a manner which enables new text end 103.23 new text begin the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. new text end 103.24 new text begin Tobacco-related devices include components of tobacco-related devices which may be new text end 103.25 new text begin marketed or sold separately new text end . 103.26 new text begin (c) "Electronic delivery device" means any product containing or delivering nicotine, new text end 103.27 new text begin lobelia, or any other substance intended for human consumption that can be used by a new text end 103.28 new text begin person to simulate smoking in the delivery of nicotine or any other substance through new text end 103.29 new text begin inhalation of vapor from the product. Electronic delivery device includes any component new text end 103.30 new text begin part of a product, whether or not marketed or sold separately. Electronic delivery device new text end 103.31 new text begin does not include any product that has been approved or certified by the United States Food new text end 103.32 new text begin and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence new text end 103.33 new text begin product, or for other medical purposes, and is marketed and sold for such an approved new text end 103.34 new text begin purpose. new text end 104.1    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco new text begin , tobacco-related devices, or new text end 104.2 new text begin electronic delivery devices new text end to a person under the age of 18 years is guilty of a misdemeanor 104.3for the first violation. Whoever violates this subdivision a subsequent time within five 104.4years of a previous conviction under this subdivision is guilty of a gross misdemeanor. 104.5(b) It is an affirmative defense to a charge under this subdivision if the defendant 104.6proves by a preponderance of the evidence that the defendant reasonably and in good faith 104.7relied on proof of age as described in section 340A.503, subdivision 6. 104.8    Subd. 2. Other offenses. (a) Whoever furnishes tobacco new text begin , new text end or tobacco-related 104.9devices new text begin , or electronic delivery devices new text end to a person under the age of 18 years is guilty of a 104.10misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 104.11guilty of a gross misdemeanor. 104.12(b) A person under the age of 18 years who purchases or attempts to purchase 104.13tobacco new text begin , new text end or tobacco-related devices new text begin , or electronic delivery devices new text end and who uses a driver's 104.14license, permit, Minnesota identification card, or any type of false identification to 104.15misrepresent the person's age, is guilty of a misdemeanor. 104.16    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2, 104.17whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 104.18purchase tobacco or tobacco related new text begin , tobacco-related new text end devices new text begin , or electronic delivery new text end 104.19 new text begin devices new text end and is under the age of 18 years is guilty of a petty misdemeanor. 104.20    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 104.21or preclude the continuation or adoption of any local ordinance which provides for more 104.22stringent regulation of the subject matter in subdivisions 1 to 3. 104.23    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 104.24tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 104.25traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 104.26is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12. 104.27(b) The penalties in this section do not apply to a person under the age of 18 years 104.28who purchases or attempts to purchase tobacco or new text begin , new text end tobacco-related devices new text begin , or electronic new text end 104.29 new text begin delivery devices new text end while under the direct supervision of a responsible adult for training, 104.30education, research, or enforcement purposes. 104.31    Subd. 6. Seizure of false identification. A retailer may seize a form of identification 104.32listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 104.33that the form of identification has been altered or falsified or is being used to violate any 104.34law. A retailer that seizes a form of identification as authorized under this subdivision 104.35shall deliver it to a law enforcement agency within 24 hours of seizing it. 105.1    Sec. 19. Minnesota Statutes 2012, section 609.6855, is amended to read: 105.2609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN. 105.3    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of 105.418 years a product containing or delivering nicotine or lobelia intended for human 105.5consumption, or any part of such a product, that is not tobacco new text begin or an electronic delivery new text end 105.6 new text begin device new text end as defined by section 609.685, is guilty of a misdemeanor for the first violation. 105.7Whoever violates this subdivision a subsequent time within five years of a previous 105.8conviction under this subdivision is guilty of a gross misdemeanor. 105.9(b) It is an affirmative defense to a charge under this subdivision if the defendant 105.10proves by a preponderance of the evidence that the defendant reasonably and in good faith 105.11relied on proof of age as described in section 340A.503, subdivision 6. 105.12(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 105.13lobelia intended for human consumption, or any part of such a product, that is not tobacco 105.14 new text begin or an electronic delivery device new text end as defined by section 609.685, may be sold to persons 105.15under the age of 18 if the product has been approved or otherwise certified for legal sale 105.16by the United States Food and Drug Administration for tobacco use cessation, harm 105.17reduction, or for other medical purposes, and is being marketed and sold solely for that 105.18approved purpose. 105.19    Subd. 2. Other offense. A person under the age of 18 years who purchases or 105.20attempts to purchase a product containing or delivering nicotine or lobelia intended for 105.21human consumption, or any part of such a product, that is not tobacco new text begin or an electronic new text end 105.22 new text begin delivery device new text end as defined by section 609.685, and who uses a driver's license, permit, 105.23Minnesota identification card, or any type of false identification to misrepresent the 105.24person's age, is guilty of a misdemeanor. 105.25    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 105.262, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 105.27a product containing or delivering nicotine or lobelia intended for human consumption, or 105.28any part of such a product, that is not tobacco new text begin or an electronic delivery device new text end as defined 105.29by section 609.685, is guilty of a petty misdemeanor. 105.30    Sec. 20. new text begin [611A.199] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM. new text end 105.31     new text begin Subdivision 1. new text end new text begin Notice required. new text end new text begin A hospital shall give a written notice about victim new text end 105.32 new text begin rights and available resources to a person seeking medical services in the hospital who new text end 105.33 new text begin reports to hospital staff or who evidences a sexual assault or other unwanted sexual new text end 105.34 new text begin contact or sexual penetration. The hospital shall make a good faith effort to provide new text end 105.35 new text begin this notice prior to medical treatment or the examination performed for the purpose new text end 106.1 new text begin of gathering evidence, subject to applicable federal and state laws and regulations new text end 106.2 new text begin regarding the provision of medical care, and in a manner that does not interfere with any new text end 106.3 new text begin medical screening examination or initiation of treatment necessary to stabilize a victim's new text end 106.4 new text begin emergency medical condition. new text end 106.5     new text begin Subd. 2. new text end new text begin Contents of notice. new text end new text begin The commissioners of health and public safety, in new text end 106.6 new text begin consultation with sexual assault victim advocates and health care professionals, shall new text end 106.7 new text begin develop the notice required by subdivision 1. The notice must inform the victim, at a new text end 106.8 new text begin minimum, of: new text end 106.9 new text begin (1) the obligation under section 609.35 of the county where the criminal sexual new text end 106.10 new text begin conduct occurred to pay for the examination performed for the purpose of gathering new text end 106.11 new text begin evidence, that payment is not contingent on the victim reporting the criminal sexual conduct new text end 106.12 new text begin to law enforcement, and that the victim may incur expenses for treatment of injuries; and new text end 106.13 new text begin (2) the victim's rights if the crime is reported to law enforcement, including the new text end 106.14 new text begin victim's right to apply for reparations under sections 611A.51 to 611A.68, information on new text end 106.15 new text begin how to apply for reparations, and information on how to obtain an order for protection or new text end 106.16 new text begin a harassment restraining order. new text end 106.17    Sec. 21. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to 106.18read: 106.19    Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT 106.20PROCESS. 106.21(a) The commissioner of human services shall issue a request for information for an 106.22integrated service delivery system for health care programs, food support, cash assistance, 106.23and child care. The commissioner shall determine, in consultation with partners in 106.24paragraph (c), if the products meet departments' and counties' functions. The request for 106.25information may incorporate a performance-based vendor financing option in which the 106.26vendor shares the risk of the project's success. The health care system must be developed 106.27in phases with the capacity to integrate food support, cash assistance, and child care 106.28programs as funds are available. The request for information must require that the system: 106.29(1) streamline eligibility determinations and case processing to support statewide 106.30eligibility processing; 106.31(2) enable interested persons to determine eligibility for each program, and to apply 106.32for programs online in a manner that the applicant will be asked only those questions 106.33relevant to the programs for which the person is applying; 106.34(3) leverage technology that has been operational in other state environments with 106.35similar requirements; and 107.1(4) include Web-based application, worker application processing support, and the 107.2opportunity for expansion. 107.3(b) The commissioner shall issue a final report, including the implementation plan, 107.4to the chairs and ranking minority members of the legislative committees with jurisdiction 107.5over health and human services no later than January 31, 2012. 107.6(c) The commissioner shall partner with counties, a service delivery authority 107.7established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology, 107.8other state agencies, and service partners to develop an integrated service delivery 107.9framework, which will simplify and streamline human services eligibility and enrollment 107.10processes. The primary objectives for the simplification effort include significantly 107.11improved eligibility processing productivity resulting in reduced time for eligibility 107.12determination and enrollment, increased customer service for applicants and recipients of 107.13services, increased program integrity, and greater administrative flexibility. 107.14(d) The commissioner, along with a county representative appointed by the 107.15Association of Minnesota Counties, shall report specific implementation progress to the 107.16legislature annually beginning May 15, 2012. 107.17(e) The commissioner shall work with the Minnesota Association of County Social 107.18Service Administrators and the Office of Enterprise Technology to develop collaborative 107.19task forces, as necessary, to support implementation of the service delivery components 107.20under this paragraph. The commissioner must evaluate, develop, and include as part 107.21of the integrated eligibility and enrollment service delivery framework, the following 107.22minimum components: 107.23(1) screening tools for applicants to determine potential eligibility as part of an 107.24online application process; 107.25(2) the capacity to use databases to electronically verify application and renewal 107.26data as required by law; 107.27(3) online accounts accessible by applicants and enrollees; 107.28(4) an interactive voice response system, available statewide, that provides case 107.29information for applicants, enrollees, and authorized third parties; 107.30(5) an electronic document management system that provides electronic transfer of 107.31all documents required for eligibility and enrollment processes; and 107.32(6) a centralized customer contact center that applicants, enrollees, and authorized 107.33third parties can use statewide to receive program information, application assistance, 107.34and case information, report changes, make cost-sharing payments, and conduct other 107.35eligibility and enrollment transactions. 108.1(f) new text begin (e) new text end Subject to a legislative appropriation, the commissioner of human services 108.2shall issue a request for proposal for the appropriate phase of an integrated service delivery 108.3system for health care programs, food support, cash assistance, and child care. 108.4    Sec. 22. new text begin REPEALER. new text end 108.5 new text begin (a) new text end new text begin Minnesota Statutes 2012, section 256.01, subdivision 32, new text end new text begin is repealed. new text end 108.6 new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 325H.06; and 325H.08, new text end new text begin are repealed. new text end 108.7ARTICLE 9 108.8HEALTH-RELATED LICENSING BOARDS 108.9    Section 1. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read: 108.10    Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit, or 108.11condition the license and registration of any person to practice professional, advanced 108.12practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise 108.13discipline a licensee or applicant as described in section 148.262. The following are 108.14grounds for disciplinary action: 108.15(1) Failure to demonstrate the qualifications or satisfy the requirements for a license 108.16contained in sections 148.171 to 148.285 or rules of the board. In the case of a person 108.17applying for a license, the burden of proof is upon the applicant to demonstrate the 108.18qualifications or satisfaction of the requirements. 108.19(2) Employing fraud or deceit in procuring or attempting to procure a permit, license, 108.20or registration certificate to practice professional or practical nursing or attempting to 108.21subvert the licensing examination process. Conduct that subverts or attempts to subvert 108.22the licensing examination process includes, but is not limited to: 108.23(i) conduct that violates the security of the examination materials, such as removing 108.24examination materials from the examination room or having unauthorized possession of 108.25any portion of a future, current, or previously administered licensing examination; 108.26(ii) conduct that violates the standard of test administration, such as communicating 108.27with another examinee during administration of the examination, copying another 108.28examinee's answers, permitting another examinee to copy one's answers, or possessing 108.29unauthorized materials; or 108.30(iii) impersonating an examinee or permitting an impersonator to take the 108.31examination on one's own behalf. 108.32(3) Conviction of a felony or gross misdemeanor reasonably related to the practice 108.33of professional, advanced practice registered, or practical nursing. Conviction as used in 108.34this subdivision includes a conviction of an offense that if committed in this state would 109.1be considered a felony or gross misdemeanor without regard to its designation elsewhere, 109.2or a criminal proceeding where a finding or verdict of guilt is made or returned but the 109.3adjudication of guilt is either withheld or not entered. 109.4(4) Revocation, suspension, limitation, conditioning, or other disciplinary action 109.5against the person's professional or practical nursing license or advanced practice 109.6registered nursing credential, in another state, territory, or country; failure to report to the 109.7board that charges regarding the person's nursing license or other credential are pending in 109.8another state, territory, or country; or having been refused a license or other credential by 109.9another state, territory, or country. 109.10(5) Failure to or inability to perform professional or practical nursing as defined in 109.11section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure 109.12of a registered nurse to supervise or a licensed practical nurse to monitor adequately the 109.13performance of acts by any person working at the nurse's direction. 109.14(6) Engaging in unprofessional conduct, including, but not limited to, a departure 109.15from or failure to conform to board rules of professional or practical nursing practice that 109.16interpret the statutory definition of professional or practical nursing as well as provide 109.17criteria for violations of the statutes, or, if no rule exists, to the minimal standards of 109.18acceptable and prevailing professional or practical nursing practice, or any nursing 109.19practice that may create unnecessary danger to a patient's life, health, or safety. Actual 109.20injury to a patient need not be established under this clause. 109.21(7) Failure of an advanced practice registered nurse to practice with reasonable 109.22skill and safety or departure from or failure to conform to standards of acceptable and 109.23prevailing advanced practice registered nursing. 109.24(8) Delegating or accepting the delegation of a nursing function or a prescribed 109.25health care function when the delegation or acceptance could reasonably be expected to 109.26result in unsafe or ineffective patient care. 109.27(9) Actual or potential inability to practice nursing with reasonable skill and safety 109.28to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or 109.29as a result of any mental or physical condition. 109.30(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent 109.31person, or a person dangerous to the public by a court of competent jurisdiction, within or 109.32without this state. 109.33(11) Engaging in any unethical conduct, including, but not limited to, conduct likely 109.34to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard 109.35for the health, welfare, or safety of a patient. Actual injury need not be established under 109.36this clause. 110.1(12) Engaging in conduct with a patient that is sexual or may reasonably be 110.2interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 110.3demeaning to a patient, or engaging in sexual exploitation of a patient or former patient. 110.4(13) Obtaining money, property, or services from a patient, other than reasonable 110.5fees for services provided to the patient, through the use of undue influence, harassment, 110.6duress, deception, or fraud. 110.7(14) Revealing a privileged communication from or relating to a patient except when 110.8otherwise required or permitted by law. 110.9(15) Engaging in abusive or fraudulent billing practices, including violations of 110.10federal Medicare and Medicaid laws or state medical assistance laws. 110.11(16) Improper management of patient records, including failure to maintain adequate 110.12patient records, to comply with a patient's request made pursuant to sections 144.291 to 110.13144.298, or to furnish a patient record or report required by law. 110.14(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to 110.15engage in the unlawful practice of professional, advanced practice registered, or practical 110.16nursing. 110.17(18) Violating a rule adopted by the board, an order of the board, or a state or federal 110.18law relating to the practice of professional, advanced practice registered, or practical 110.19nursing, or a state or federal narcotics or controlled substance law. 110.20(19) Knowingly providing false or misleading information that is directly related 110.21to the care of that patient unless done for an accepted therapeutic purpose such as the 110.22administration of a placebo. 110.23(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as 110.24established by any of the following: 110.25(i) a copy of the record of criminal conviction or plea of guilty for a felony in 110.26violation of section 609.215, subdivision 1 or 2; 110.27(ii) a copy of the record of a judgment of contempt of court for violating an 110.28injunction issued under section 609.215, subdivision 4; 110.29(iii) a copy of the record of a judgment assessing damages under section 609.215, 110.30subdivision 5 ; or 110.31(iv) a finding by the board that the person violated section 609.215, subdivision 110.321 or 2. The board shall investigate any complaint of a violation of section 609.215, 110.33subdivision 1 or 2. 110.34(21) Practicing outside the scope of practice authorized by section 148.171, 110.35subdivision 5 , 10, 11, 13, 14, 15, or 21. 111.1(22) Practicing outside the specific field of nursing practice for which an advanced 111.2practice registered nurse is certified unless the practice is authorized under section 148.284. 111.3(23) Making a false statement or knowingly providing false information to the 111.4board, failing to make reports as required by section 148.263, or failing to cooperate with 111.5an investigation of the board as required by section 148.265. 111.6(24) Engaging in false, fraudulent, deceptive, or misleading advertising. 111.7(25) Failure to inform the board of the person's certification status as a nurse 111.8anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist. 111.9(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse 111.10practitioner practice, or registered nurse anesthetist practice without current certification 111.11by a national nurse certification organization acceptable to the board, except during the 111.12period between completion of an advanced practice registered nurse course of study and 111.13certification, not to exceed six months or as authorized by the board. 111.14(27) Engaging in conduct that is prohibited under section 145.412. 111.15(28) Failing to report employment to the board as required by section 148.211, 111.16subdivision 2a , or knowingly aiding, assisting, advising, or allowing a person to fail to 111.17report as required by section 148.211, subdivision 2a. 111.18 new text begin (29) Discharge from the health professionals services program as described in new text end 111.19 new text begin sections 214.31 to 214.37, or any other alternative monitoring or diversion program for new text end 111.20 new text begin reasons other than satisfactory completion of the program as set forth in the participation new text end 111.21 new text begin agreement. new text end 111.22    Sec. 2. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision 111.23to read: 111.24     new text begin Subd. 1a. new text end new text begin Conviction of a felony-level criminal sexual offense. new text end new text begin (a) Except as new text end 111.25 new text begin provided in paragraph (e), the board may not grant or renew a license to practice nursing new text end 111.26 new text begin to any person who has been convicted on or after August 1, 2014, of any of the provisions new text end 111.27 new text begin of sections new text end new text begin 609.342, subdivision 1 new text end new text begin , new text end new text begin 609.343, subdivision 1 new text end new text begin , new text end new text begin , subdivision 1, new text end 111.28 new text begin paragraphs (c) to (o), or new text end new text begin 609.345, subdivision 1 new text end new text begin , paragraphs (c) to (o), or a similar statute new text end 111.29 new text begin in another jurisdiction. new text end 111.30 new text begin (b) A license to practice nursing is automatically revoked if the licensee is convicted new text end 111.31 new text begin of an offense listed in paragraph (a) of this section. new text end 111.32 new text begin (c) A license to practice nursing that has been denied or revoked under this new text end 111.33 new text begin subdivision is not subject to chapter 364. new text end 111.34 new text begin (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of new text end 111.35 new text begin guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or new text end 112.1 new text begin execution of the sentence and final disposition of the case is accomplished at a nonfelony new text end 112.2 new text begin level. new text end 112.3 new text begin (e) The board may establish criteria whereby an individual convicted of an offense new text end 112.4 new text begin listed in paragraph (a) of this subdivision may become licensed provided that the criteria: new text end 112.5 new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for licensing; new text end 112.6 new text begin (2) provide a standard for overcoming the presumption; and new text end 112.7 new text begin (3) require that a minimum of ten years has elapsed since the applicant's sentence new text end 112.8 new text begin was discharged. new text end 112.9 new text begin The board shall not consider an application under this paragraph if the board new text end 112.10 new text begin determines that the victim involved in the offense was a patient or a client of the applicant new text end 112.11 new text begin at the time of the offense. new text end 112.12    Sec. 3. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read: 112.13    Subd. 4. Evidence. In disciplinary actions alleging a violation of subdivision 1, 112.14clause (3) or (4), new text begin or subdivision 1a, new text end a copy of the judgment or proceeding under the seal 112.15of the court administrator or of the administrative agency that entered the same shall be 112.16admissible into evidence without further authentication and shall constitute prima facie 112.17evidence of the violation concerned. 112.18    Sec. 4. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to read: 112.19    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to 112.20practice dentistry as an enrolled graduate student or student of an advanced education 112.21program accredited by the American Dental Association Commission on new text begin Dental new text end 112.22Accreditation. 112.23    Sec. 5. new text begin [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS. new text end 112.24     new text begin Subdivision 1. new text end new text begin Practice of dentistry. new text end new text begin A person licensed to practice dentistry under new text end 112.25 new text begin sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating new text end 112.26 new text begin in the administration of an influenza vaccination. new text end 112.27     new text begin Subd. 2. new text end new text begin Qualified dentists. new text end new text begin (a) The influenza immunization shall be administered new text end 112.28 new text begin only to patients 19 years of age and older and only by licensed dentists who: new text end 112.29 new text begin (1) have immediate access to emergency response equipment, including but not new text end 112.30 new text begin limited to oxygen administration equipment, epinephrine, and other allergic reaction new text end 112.31 new text begin response equipment; and new text end 113.1 new text begin (2) are trained in or have successfully completed a program approved by the new text end 113.2 new text begin Minnesota Board of Dentistry, specifically for the administration of immunizations. The new text end 113.3 new text begin training or program must include: new text end 113.4 new text begin (i) educational material on the disease of influenza and vaccination as prevention new text end 113.5 new text begin of the disease; new text end 113.6 new text begin (ii) contraindications and precautions; new text end 113.7 new text begin (iii) intramuscular administration; new text end 113.8 new text begin (iv) communication of risk and benefits of influenza vaccination and legal new text end 113.9 new text begin requirements involved; new text end 113.10 new text begin (v) reporting of adverse events; new text end 113.11 new text begin (vi) documentation required by federal law; and new text end 113.12 new text begin (vii) storage and handling of vaccines. new text end 113.13 new text begin (b) Any dentist giving influenza vaccinations under this section shall comply new text end 113.14 new text begin with guidelines established by the federal Advisory Committee on Immunization new text end 113.15 new text begin Practices relating to vaccines and immunizations, which includes, but is not limited to, new text end 113.16 new text begin vaccine storage and handling, vaccine administration and documentation, and vaccine new text end 113.17 new text begin contraindications and precautions. new text end 113.18     new text begin Subd. 3. new text end new text begin Coordination of care. new text end new text begin After a dentist qualified under subdivision 2 has new text end 113.19 new text begin administered an influenza vaccine to a patient, the dentist shall report the administration of new text end 113.20 new text begin the immunization to the Minnesota Immunization Information Connection or otherwise new text end 113.21 new text begin notify the patient's primary physician or clinic of the administration of the immunization. new text end 113.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015, and applies to new text end 113.23 new text begin influenza immunizations performed on or after that date. new text end 113.24    Sec. 6. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read: 113.25    Subdivision 1. Dentists. A person of good moral character who has graduated from 113.26a dental program accredited by the Commission on Dental Accreditation of the American 113.27Dental Association, having submitted an application and fee as prescribed by the board, 113.28may be examined by the board or by an agency pursuant to section 150A.03, subdivision 113.291 , in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental 113.30college in another country must not be disqualified from examination solely because of 113.31the applicant's foreign training if the board determines that the training is equivalent to or 113.32higher than that provided by a dental college accredited by the Commission on Dental 113.33Accreditation of the American Dental Association. In the case of examinations conducted 113.34pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to 113.35applying to the board for licensure. The examination shall include an examination of the 114.1applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the 114.2board. An applicant is ineligible to retake the clinical examination required by the board 114.3after failing it twice until further education and training are obtained as specified by the 114.4board by rule. A separate, nonrefundable fee may be charged for each time a person applies. 114.5An applicant who passes the examination in compliance with subdivision 2b, abides by 114.6professional ethical conduct requirements, and meets all other requirements of the board 114.7shall be licensed to practice dentistry and granted a general dentist license by the board. 114.8    Sec. 7. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read: 114.9    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be 114.10licensed in order to practice dentistry as defined in section 150A.05. The board may 114.11issue to members of the faculty of a school of dentistry a license designated as either a 114.12"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry 114.13within the terms described in paragraph (b) or (c). The dean of a school of dentistry and 114.14program directors of a Minnesota dental hygiene or dental assisting school accredited by 114.15the Commission on Dental Accreditation of the American Dental Association shall certify 114.16to the board those members of the school's faculty who practice dentistry but are not 114.17licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as 114.18defined in section 150A.05, before beginning duties in a school of dentistry or a dental 114.19hygiene or dental assisting school, shall apply to the board for a limited or full faculty 114.20license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, 114.21a limited faculty license must be renewed annually and a full faculty license must be 114.22renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board 114.23for issuing and renewing the faculty license. The faculty license is valid during the time 114.24the holder remains a member of the faculty of a school of dentistry or a dental hygiene or 114.25dental assisting school and subjects the holder to this chapter. 114.26(b) The board may issue to dentist members of the faculty of a Minnesota school 114.27of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 114.28Accreditation of the American Dental Association, a license designated as a limited 114.29faculty license entitling the holder to practice dentistry within the school and its affiliated 114.30teaching facilities, but only for the purposes of teaching or conducting research. The 114.31practice of dentistry at a school facility for purposes other than teaching or research is not 114.32allowed unless the dentist was a faculty member on August 1, 1993. 114.33(c) The board may issue to dentist members of the faculty of a Minnesota school 114.34of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 114.35Accreditation of the American Dental Association a license designated as a full faculty 115.1license entitling the holder to practice dentistry within the school and its affiliated teaching 115.2facilities and elsewhere if the holder of the license is employed 50 percent time or more by 115.3the school in the practice of teaching or research, and upon successful review by the board 115.4of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. 115.5The board, at its discretion, may waive specific licensing prerequisites. 115.6    Sec. 8. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read: 115.7    Subd. 1c. Specialty dentists. (a) The board may grant a new text begin one or more new text end specialty 115.8license new text begin licenses new text end in the specialty areas of dentistry that are recognized by the American 115.9Dental Association new text begin Commission on Dental Accreditation new text end . 115.10(b) An applicant for a specialty license shall: 115.11(1) have successfully completed a postdoctoral specialty education program 115.12accredited by the Commission on Dental Accreditation of the American Dental 115.13Association, or have announced a limitation of practice before 1967; 115.14(2) have been certified by a specialty examining board approved by the Minnesota 115.15Board of Dentistry, or provide evidence of having passed a clinical examination for 115.16licensure required for practice in any state or Canadian province, or in the case of oral and 115.17maxillofacial surgeons only, have a Minnesota medical license in good standing; 115.18(3) have been in active practice or a postdoctoral specialty education program or 115.19United States government service at least 2,000 hours in the 36 months prior to applying 115.20for a specialty license; 115.21(4) if requested by the board, be interviewed by a committee of the board, which 115.22may include the assistance of specialists in the evaluation process, and satisfactorily 115.23respond to questions designed to determine the applicant's knowledge of dental subjects 115.24and ability to practice; 115.25(5) if requested by the board, present complete records on a sample of patients 115.26treated by the applicant. The sample must be drawn from patients treated by the applicant 115.27during the 36 months preceding the date of application. The number of records shall be 115.28established by the board. The records shall be reasonably representative of the treatment 115.29typically provided by the applicant new text begin for each specialty area new text end ; 115.30(6) at board discretion, pass a board-approved English proficiency test if English is 115.31not the applicant's primary language; 115.32(7) pass all components of the National Board Dental Examinations; 115.33(8) pass the Minnesota Board of Dentistry jurisprudence examination; 115.34(9) abide by professional ethical conduct requirements; and 115.35(10) meet all other requirements prescribed by the Board of Dentistry. 116.1(c) The application must include: 116.2(1) a completed application furnished by the board; 116.3(2) at least two character references from two different dentists new text begin for each specialty new text end 116.4 new text begin area new text end , one of whom must be a dentist practicing in the same specialty area, and the other 116.5 new text begin from new text end the director of the new text begin each new text end specialty program attended; 116.6(3) a licensed physician's statement attesting to the applicant's physical and mental 116.7condition; 116.8(4) a statement from a licensed ophthalmologist or optometrist attesting to the 116.9applicant's visual acuity; 116.10(5) a nonrefundable fee; and 116.11(6) a notarized, unmounted passport-type photograph, three inches by three inches, 116.12taken not more than six months before the date of application. 116.13(d) A specialty dentist holding a new text begin one or more new text end specialty license new text begin licenses new text end is limited to 116.14practicing in the dentist's designated specialty area new text begin or areas new text end . The scope of practice must be 116.15defined by each national specialty board recognized by the American Dental Association 116.16 new text begin Commission on Dental Accreditation new text end . 116.17(e) A specialty dentist holding a general dentist new text begin dental new text end license is limited to practicing 116.18in the dentist's designated specialty area new text begin or areas new text end if the dentist has announced a limitation 116.19of practice. The scope of practice must be defined by each national specialty board 116.20recognized by the American Dental Association new text begin Commission on Dental Accreditation new text end . 116.21(f) All specialty dentists who have fulfilled the specialty dentist requirements and 116.22who intend to limit their practice to a particular specialty area new text begin or areas new text end may apply for 116.23a new text begin one or more new text end specialty license new text begin licenses new text end . 116.24    Sec. 9. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read: 116.25    Subd. 1d. Dental therapists. A person of good moral character who has graduated 116.26with a baccalaureate degree or a master's degree from a dental therapy education program 116.27that has been approved by the board or accredited by the American Dental Association 116.28 Commission on Dental Accreditation or another board-approved national accreditation 116.29organization may apply for licensure. 116.30The applicant must submit an application and fee as prescribed by the board and a 116.31diploma or certificate from a dental therapy education program. Prior to being licensed, 116.32the applicant must pass a comprehensive, competency-based clinical examination that is 116.33approved by the board and administered independently of an institution providing dental 116.34therapy education. The applicant must also pass an examination testing the applicant's 116.35knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 117.1applicant who has failed the clinical examination twice is ineligible to retake the clinical 117.2examination until further education and training are obtained as specified by the board. A 117.3separate, nonrefundable fee may be charged for each time a person applies. An applicant 117.4who passes the examination in compliance with subdivision 2b, abides by professional 117.5ethical conduct requirements, and meets all the other requirements of the board shall 117.6be licensed as a dental therapist. 117.7    Sec. 10. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read: 117.8    Subd. 2. Dental hygienists. A person of good moral character, who has graduated 117.9from a dental hygiene program accredited by the Commission on Dental Accreditation of 117.10the American Dental Association and established in an institution accredited by an agency 117.11recognized by the United States Department of Education to offer college-level programs, 117.12may apply for licensure. The dental hygiene program must provide a minimum of two 117.13academic years of dental hygiene education. The applicant must submit an application and 117.14fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being 117.15licensed, the applicant must pass the National Board of Dental Hygiene examination and a 117.16board approved examination designed to determine the applicant's clinical competency. In 117.17the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants 117.18shall take the examination before applying to the board for licensure. The applicant must 117.19also pass an examination testing the applicant's knowledge of the laws of Minnesota relating 117.20to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake 117.21the clinical examination required by the board after failing it twice until further education 117.22and training are obtained as specified by board rule. A separate, nonrefundable fee may 117.23be charged for each time a person applies. An applicant who passes the examination in 117.24compliance with subdivision 2b, abides by professional ethical conduct requirements, and 117.25meets all the other requirements of the board shall be licensed as a dental hygienist. 117.26    Sec. 11. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read: 117.27    Subd. 2a. Licensed dental assistant. A person of good moral character, who has 117.28graduated from a dental assisting program accredited by the Commission on Dental 117.29Accreditation of the American Dental Association, may apply for licensure. The applicant 117.30must submit an application and fee as prescribed by the board and the diploma or 117.31certificate of dental assisting. In the case of examinations conducted pursuant to section 117.32150A.03, subdivision 1 , applicants shall take the examination before applying to the board 117.33for licensure. The examination shall include an examination of the applicant's knowledge 117.34of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is 118.1ineligible to retake the licensure examination required by the board after failing it twice 118.2until further education and training are obtained as specified by board rule. A separate, 118.3nonrefundable fee may be charged for each time a person applies. An applicant who 118.4passes the examination in compliance with subdivision 2b, abides by professional ethical 118.5conduct requirements, and meets all the other requirements of the board shall be licensed 118.6as a dental assistant. 118.7    Sec. 12. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read: 118.8    Subd. 2d. Continuing education and professional development waiver. (a) The 118.9board shall grant a waiver to the continuing education requirements under this chapter for 118.10a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental 118.11assistant who documents to the satisfaction of the board that the dentist, dental therapist, 118.12dental hygienist, or licensed dental assistant has retired from active practice in the state 118.13and limits the provision of dental care services to those offered without compensation 118.14in a public health, community, or tribal clinic or a nonprofit organization that provides 118.15services to the indigent or to recipients of medical assistance, general assistance medical 118.16care, or MinnesotaCare programs. 118.17(b) The board may require written documentation from the volunteer and retired 118.18dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting 118.19this waiver. 118.20(c) The board shall require the volunteer and retired dentist, dental therapist, dental 118.21hygienist, or licensed dental assistant to meet the following requirements: 118.22(1) a licensee seeking a waiver under this subdivision must complete and document 118.23at least five hours of approved courses in infection control, medical emergencies, and 118.24medical management for the continuing education cycle; and 118.25(2) provide documentation of current CPR certification from completion of the 118.26American Heart Association healthcare provider course, new text begin or new text end the American Red Cross 118.27professional rescuer course, or an equivalent entity. 118.28    Sec. 13. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read: 118.29    Subd. 3. Waiver of examination. (a) All or any part of the examination for 118.30dentists or dental hygienists, except that pertaining to the law of Minnesota relating to 118.31dentistry and the rules of the board, may, at the discretion of the board, be waived for an 118.32applicant who presents a certificate of having passed all components of the National Board 118.33Dental Examinations or evidence of having maintained an adequate scholastic standing 119.1as determined by the board, in dental school as to dentists, or dental hygiene school as 119.2to dental hygienists. 119.3(b) The board shall waive the clinical examination required for licensure for any 119.4dentist applicant who is a graduate of a dental school accredited by the Commission on 119.5Dental Accreditation of the American Dental Association, who has passed all components 119.6of the National Board Dental Examinations, and who has satisfactorily completed a 119.7Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced 119.8education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral 119.9program must be accredited by the Commission on Dental Accreditation of the American 119.10Dental Association, be of at least one year's duration, and include an outcome assessment 119.11evaluation assessing the resident's competence to practice dentistry. The board may require 119.12the applicant to submit any information deemed necessary by the board to determine 119.13whether the waiver is applicable. The board may waive the clinical examination for an 119.14applicant who meets the requirements of this paragraph and has satisfactorily completed an 119.15accredited postdoctoral general dentistry residency program located outside of Minnesota. 119.16    Sec. 14. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read: 119.17    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application 119.18and payment of a fee established by the board, apply for licensure based on an evaluation 119.19of the applicant's education, experience, and performance record in lieu of completing a 119.20board-approved dental assisting program for expanded functions as defined in rule, and 119.21may be interviewed by the board to determine if the applicant: 119.22(1) has graduated from an accredited dental assisting program accredited by the 119.23Commission of new text begin on new text end Dental Accreditation of the American Dental Association, or is 119.24currently certified by the Dental Assisting National Board; 119.25(2) is not subject to any pending or final disciplinary action in another state or 119.26Canadian province, or if not currently certified or registered, previously had a certification 119.27or registration in another state or Canadian province in good standing that was not subject 119.28to any final or pending disciplinary action at the time of surrender; 119.29(3) is of good moral character and abides by professional ethical conduct 119.30requirements; 119.31(4) at board discretion, has passed a board-approved English proficiency test if 119.32English is not the applicant's primary language; and 119.33(5) has met all expanded functions curriculum equivalency requirements of a 119.34Minnesota board-approved dental assisting program. 120.1(b) The board, at its discretion, may waive specific licensure requirements in 120.2paragraph (a). 120.3(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 120.4minimum knowledge in dental subjects required for licensure under subdivision 2a must 120.5be licensed to practice the applicant's profession. 120.6(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 120.7required for licensure under subdivision 2a, the application must be denied. If licensure is 120.8denied, the board may notify the applicant of any specific remedy that the applicant could 120.9take which, when passed, would qualify the applicant for licensure. A denial does not 120.10prohibit the applicant from applying for licensure under subdivision 2a. 120.11(e) A candidate whose application has been denied may appeal the decision to the 120.12board according to subdivision 4a. 120.13    Sec. 15. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read: 120.14    Subd. 3. Initial license or permit fees. Along with the application fee, each of the 120.15following applicants shall submit a separate prorated initial license or permit fee. The 120.16prorated initial fee shall be established by the board based on the number of months of the 120.17applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to 120.18exceed the following monthly new text begin nonrefundable new text end fee amounts: 120.19(1) dentist or full faculty dentist, $14 times the number of months of the initial 120.20term new text begin $168 new text end ; 120.21(2) dental therapist, $10 times the number of months of the initial term new text begin $120 new text end ; 120.22(3) dental hygienist, $5 times the number of months of the initial term new text begin $60 new text end ; 120.23(4) licensed dental assistant, $3 times the number of months of the initial term 120.24 new text begin $36 new text end ; and 120.25(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500, 120.26subpart 3, $1 times the number of months of the initial term new text begin $12 new text end . 120.27    Sec. 16. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read: 120.28    Subd. 8. Duplicate license or certificate fee. Each applicant shall submit, with 120.29a request for issuance of a duplicate of the original license, or of an annual or biennial 120.30renewal certificate for a license or permit, a fee in the following amounts: 120.31(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental 120.32assistant license, $35; and 120.33(2) annual or biennial renewal certificates, $10. new text begin ; and new text end 120.34 new text begin (3) wallet-sized license and renewal certificate, $15. new text end 121.1    Sec. 17. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to 121.2read: 121.3    Subd. 16. Failure of professional development portfolio audit. A licensee shall 121.4submit a fee as established by the board not to exceed the amount of $250 after failing two 121.5consecutive professional development portfolio audits and, thereafter, for each failed new text begin (a) If new text end 121.6 new text begin a licensee fails a new text end professional development portfolio audit under Minnesota Rules, part 121.73100.5300 new text begin , the board is authorized to take the following actions: new text end 121.8 new text begin (1) for the first failure, the board may issue a warning to the licensee; new text end 121.9 new text begin (2) for the second failure within ten years, the board may assess a penalty of not new text end 121.10 new text begin more than $250; and new text end 121.11 new text begin (3) for any additional failures within the ten year period, the board may assess a new text end 121.12 new text begin penalty of not more than $1000 new text end . 121.13 new text begin (b) In addition to the penalty fee, the board may initiate the complaint process to new text end 121.14 new text begin address multiple failed audits. new text end 121.15    Sec. 18. Minnesota Statutes 2012, section 150A.10, is amended to read: 121.16150A.10 ALLIED DENTAL PERSONNEL. 121.17    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist, 121.18public institution, or school authority may obtain services from a licensed dental hygienist. 121.19The licensed dental hygienist may provide those services defined in section 150A.05, 121.20subdivision 1a . The services provided shall not include the establishment of a final 121.21diagnosis or treatment plan for a dental patient. All services shall be provided under 121.22supervision of a licensed dentist. Any licensed dentist who shall permit any dental service 121.23by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed 121.24to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental 121.25service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12. 121.26    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding 121.27subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 121.28by a health care facility, program, or nonprofit organization to perform dental hygiene 121.29services described under paragraph (b) without the patient first being examined by a 121.30licensed dentist if the dental hygienist: 121.31(1) has been engaged in the active practice of clinical dental hygiene for not less than 121.322,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 121.33200 hours of clinical practice in two of the past three years; 121.34(2) has entered into a collaborative agreement with a licensed dentist that designates 121.35authorization for the services provided by the dental hygienist; 122.1(3) has documented participation in courses in infection control and medical 122.2emergencies within each continuing education cycle; and 122.3(4) maintains current CPR certification from completion of the American Heart 122.4Association healthcare provider course, new text begin or new text end the American Red Cross professional rescuer 122.5course, or an equivalent entity. 122.6(b) The dental hygiene services authorized to be performed by a dental hygienist 122.7under this subdivision are limited to: 122.8(1) oral health promotion and disease prevention education; 122.9(2) removal of deposits and stains from the surfaces of the teeth; 122.10(3) application of topical preventive or prophylactic agents, including fluoride 122.11varnishes and pit and fissure sealants; 122.12(4) polishing and smoothing restorations; 122.13(5) removal of marginal overhangs; 122.14(6) performance of preliminary charting; 122.15(7) taking of radiographs; and 122.16(8) performance of scaling and root planing. 122.17The dental hygienist may administer injections of local anesthetic agents or nitrous 122.18oxide inhalation analgesia as specifically delegated in the collaborative agreement with 122.19a licensed dentist. The dentist need not first examine the patient or be present. If the 122.20patient is considered medically compromised, the collaborative dentist shall review the 122.21patient record, including the medical history, prior to the provision of these services. 122.22Collaborating dental hygienists may work with unlicensed and licensed dental assistants 122.23who may only perform duties for which licensure is not required. The performance of 122.24dental hygiene services in a health care facility, program, or nonprofit organization as 122.25authorized under this subdivision is limited to patients, students, and residents of the 122.26facility, program, or organization. 122.27(c) A collaborating dentist must be licensed under this chapter and may enter into 122.28a collaborative agreement with no more than four dental hygienists unless otherwise 122.29authorized by the board. The board shall develop parameters and a process for obtaining 122.30authorization to collaborate with more than four dental hygienists. The collaborative 122.31agreement must include: 122.32(1) consideration for medically compromised patients and medical conditions for 122.33which a dental evaluation and treatment plan must occur prior to the provision of dental 122.34hygiene services; 123.1(2) age- and procedure-specific standard collaborative practice protocols, including 123.2recommended intervals for the performance of dental hygiene services and a period of 123.3time in which an examination by a dentist should occur; 123.4(3) copies of consent to treatment form provided to the patient by the dental hygienist; 123.5(4) specific protocols for the placement of pit and fissure sealants and requirements 123.6for follow-up care to assure the efficacy of the sealants after application; and 123.7(5) a procedure for creating and maintaining dental records for the patients that are 123.8treated by the dental hygienist. This procedure must specify where these records are 123.9to be located. 123.10The collaborative agreement must be signed and maintained by the dentist, the dental 123.11hygienist, and the facility, program, or organization; must be reviewed annually by the 123.12collaborating dentist and dental hygienist; and must be made available to the board 123.13upon request. 123.14(d) Before performing any services authorized under this subdivision, a dental 123.15hygienist must provide the patient with a consent to treatment form which must include a 123.16statement advising the patient that the dental hygiene services provided are not a substitute 123.17for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 123.18to the patient for further dental procedures, the dental hygienist must fill out a referral form 123.19and provide a copy of the form to the collaborating dentist. 123.20(e) For the purposes of this subdivision, a "health care facility, program, or 123.21nonprofit organization" is limited to a hospital; nursing home; home health agency; group 123.22home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 123.23commissioner of human services or the commissioner of corrections; and federal, state, or 123.24local public health facility, community clinic, tribal clinic, school authority, Head Start 123.25program, or nonprofit organization that serves individuals who are uninsured or who are 123.26Minnesota health care public program recipients. 123.27(f) For purposes of this subdivision, a "collaborative agreement" means a written 123.28agreement with a licensed dentist who authorizes and accepts responsibility for the 123.29services performed by the dental hygienist. The services authorized under this subdivision 123.30and the collaborative agreement may be performed without the presence of a licensed 123.31dentist and may be performed at a location other than the usual place of practice of the 123.32dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 123.33specified in the collaborative agreement. 123.34    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the 123.35services of any unlicensed person for the purpose of assistance in the practice of dentistry 123.36or dental therapy shall be responsible for the acts of such unlicensed person while engaged 124.1in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to 124.2perform only those acts which are authorized to be delegated to unlicensed assistants 124.3by the Board of Dentistry. The acts shall be performed under supervision of a licensed 124.4dentist or dental therapist. A licensed dental therapist shall not supervise more than four 124.5registered new text begin licensed or unlicensed new text end dental assistants at any one practice setting. The board 124.6may permit differing levels of dental assistance based upon recognized educational 124.7standards, approved by the board, for the training of dental assistants. The board may also 124.8define by rule the scope of practice of licensed and unlicensed dental assistants. The 124.9board by rule may require continuing education for differing levels of dental assistants, 124.10as a condition to their license or authority to perform their authorized duties. Any 124.11licensed dentist or dental therapist who permits an unlicensed assistant to perform any 124.12dental service other than that authorized by the board shall be deemed to be enabling an 124.13unlicensed person to practice dentistry, and commission of such an act by an unlicensed 124.14assistant shall constitute a violation of sections 150A.01 to 150A.12. 124.15    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses 124.16the services of any unlicensed person, other than under the dentist's or dental therapist's 124.17supervision and within the same practice setting, for the purpose of constructing, altering, 124.18repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, 124.19prosthetic or other dental appliance, shall be required to furnish such unlicensed person 124.20with a written work order in such form as shall be prescribed by the rules of the board. The 124.21work order shall be made in duplicate form, a duplicate copy to be retained in a permanent 124.22file of the dentist or dental therapist at the practice setting for a period of two years, and 124.23the original to be retained in a permanent file for a period of two years by the unlicensed 124.24person in that person's place of business. The permanent file of work orders to be kept 124.25by the dentist, dental therapist, or unlicensed person shall be open to inspection at any 124.26reasonable time by the board or its duly constituted agent. 124.27    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 124.282, a licensed dental hygienist or licensed dental assistant may perform the following 124.29restorative procedures: 124.30(1) place, contour, and adjust amalgam restorations; 124.31(2) place, contour, and adjust glass ionomer; 124.32(3) adapt and cement stainless steel crowns; and 124.33(4) place, contour, and adjust class I and class V supragingival composite restorations 124.34where the margins are entirely within the enamel. new text begin ; and new text end 124.35 new text begin (5) place, contour, and adjust class II and class V supragingival composite new text end 124.36 new text begin restorations on primary teeth. new text end 125.1(b) The restorative procedures described in paragraph (a) may be performed only if: 125.2(1) the licensed dental hygienist or licensed dental assistant has completed a 125.3board-approved course on the specific procedures; 125.4(2) the board-approved course includes a component that sufficiently prepares the 125.5licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly 125.6placed restoration; 125.7(3) a licensed dentist or licensed advanced dental therapist has authorized the 125.8procedure to be performed; and 125.9(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 125.10while the procedure is being performed. 125.11(c) The dental faculty who teaches the educators of the board-approved courses 125.12specified in paragraph (b) must have prior experience teaching these procedures in an 125.13accredited dental education program. 125.14    Sec. 19. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read: 125.15    Subd. 3. Compensation. (a) Members of the boards may be compensated at the 125.16rate of $55 a day spent on board activities, when authorized by the board, plus expenses 125.17in new text begin Members of health-related licensing boards may be compensated at the rate of $75 a new text end 125.18 new text begin day spent on board activities and members of nonhealth-related licensing boards may be new text end 125.19 new text begin compensated at the rate of $55 a day spent on board activities when authorized by the new text end 125.20 new text begin board, plus expenses in new text end the same manner and amount as authorized by the commissioner's 125.21plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent 125.22attending board meetings, incur child care expenses that would not otherwise have been 125.23incurred, may be reimbursed for those expenses upon board authorization. 125.24(b) Members who are state employees or employees of the political subdivisions 125.25of the state must not receive the daily payment for activities that occur during working 125.26hours for which they are also compensated by the state or political subdivision. However, 125.27a state or political subdivision employee may receive the daily payment if the employee 125.28uses vacation time or compensatory time accumulated in accordance with a collective 125.29bargaining agreement or compensation plan for board activity. Members who are state 125.30employees or employees of the political subdivisions of the state may receive the expenses 125.31provided for in this subdivision unless the expenses are reimbursed by another source. 125.32Members who are state employees or employees of political subdivisions of the state 125.33may be reimbursed for child care expenses only for time spent on board activities that 125.34are outside their working hours. 126.1(c) Each board must adopt internal standards prescribing what constitutes a day 126.2spent on board activities for purposes of making daily payments under this subdivision. 126.3    Sec. 20. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision 126.4to read: 126.5     new text begin Subd. 6. new text end new text begin Duties of a participating board. new text end new text begin Upon receiving a report from the program new text end 126.6 new text begin manager in accordance with section 214.33, subdivision 3, that a regulated person has been new text end 126.7 new text begin discharged from the program due to noncompliance based on allegations that the regulated new text end 126.8 new text begin person has engaged in conduct that might cause risk to the public, the participating board new text end 126.9 new text begin may temporarily suspend the regulated person's professional license until the completion of new text end 126.10 new text begin a disciplinary investigation. The board must complete the disciplinary investigation within new text end 126.11 new text begin 60 days of receipt of the report from the program. If the investigation is not completed by new text end 126.12 new text begin the board within 60 days, the temporary suspension shall be lifted, unless the regulated new text end 126.13 new text begin person requests a delay in the disciplinary proceedings for any reason, upon which the new text end 126.14 new text begin temporary suspension shall remain in place until the completion of the investigation. new text end 126.15    Sec. 21. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read: 126.16    Subd. 3. Program manager. new text begin (a) new text end The program manager shall report to the 126.17appropriate participating board a regulated person who new text begin : new text end 126.18 new text begin (1) new text end does not meet program admission criteria, new text begin ; new text end 126.19 new text begin (2) new text end violates the terms of the program participation agreement, or new text begin ; new text end 126.20 new text begin (3) new text end leaves new text begin or is discharged from new text end the program except upon fulfilling the terms for 126.21successful completion of the program as set forth in the participation agreement. new text begin ; new text end 126.22 new text begin (4) is subject to the provisions of sections 214.17 to 214.25; new text end 126.23 new text begin (5) causes identifiable patient harm; new text end 126.24 new text begin (6) unlawfully substitutes or adulterates medications; new text end 126.25 new text begin (7) writes a prescription or causes a prescription to be dispensed in the name of a new text end 126.26 new text begin person, other than the prescriber, or veterinary patient for the personal use of the prescriber; new text end 126.27 new text begin (8) alters a prescription without the knowledge of the prescriber for the purpose of new text end 126.28 new text begin obtaining a drug for personal use; new text end 126.29 new text begin (9) unlawfully uses a controlled or mood-altering substance or uses alcohol while new text end 126.30 new text begin providing patient care or during the period of time in which the regulated person may be new text end 126.31 new text begin contacted to provide patient care or is otherwise on duty, if current use is the reason for new text end 126.32 new text begin participation in the program or the use occurs while the regulated person is participating new text end 126.33 new text begin in the program; or new text end 127.1The program manager shall report to the appropriate participating board a regulated 127.2person who new text begin (10) new text end is alleged to have committed violations of the person's practice act that 127.3are outside the authority of the health professionals services program as described in 127.4sections 214.31 to 214.37. 127.5 new text begin (b) new text end The program manager shall inform any reporting person of the disposition of the 127.6person's report to the program. 127.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to new text end 127.8 new text begin violations that occur after the effective date. new text end 127.9    Sec. 22. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read: 127.10364.09 EXCEPTIONS. 127.11(a) This chapter does not apply to the licensing process for peace officers; to law 127.12enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 127.13protection agencies; to eligibility for a private detective or protective agent license; to the 127.14licensing and background study process under chapters 245A and 245C; to eligibility 127.15for school bus driver endorsements; to eligibility for special transportation service 127.16endorsements; to eligibility for a commercial driver training instructor license, which is 127.17governed by section 171.35 and rules adopted under that section; to emergency medical 127.18services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 127.19applicant for the license has been discharged from sentence for a conviction within the ten 127.20years immediately preceding application of a violation of any of the following: 127.21(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 127.22subdivision 2 or 3; 127.23(2) any provision of chapter 152 that is punishable by a maximum sentence of 127.2415 years or more; or 127.25(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 127.26the scene of an accident, or reckless or careless driving. 127.27This chapter also shall not apply to eligibility for juvenile corrections employment, where 127.28the offense involved child physical or sexual abuse or criminal sexual conduct. 127.29(b) This chapter does not apply to a school district or to eligibility for a license 127.30issued or renewed by the Board of Teaching or the commissioner of education. 127.31(c) Nothing in this section precludes the Minnesota Police and Peace Officers 127.32Training Board or the state fire marshal from recommending policies set forth in this 127.33chapter to the attorney general for adoption in the attorney general's discretion to apply to 127.34law enforcement or fire protection agencies. 128.1(d) This chapter does not apply to a license to practice medicine that has been denied 128.2or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a. 128.3(e) This chapter does not apply to any person who has been denied a license to 128.4practice chiropractic or whose license to practice chiropractic has been revoked by the 128.5board in accordance with section 148.10, subdivision 7. 128.6 new text begin (f) This chapter does not apply to any license, registration, or permit that has new text end 128.7 new text begin been denied or revoked by the Board of Nursing in accordance with section 148.261, new text end 128.8 new text begin subdivision 1a. new text end 128.9(f) new text begin (g) new text end This chapter does not supersede a requirement under law to conduct a 128.10criminal history background investigation or consider criminal history records in hiring 128.11for particular types of employment. 128.12ARTICLE 10 128.13BOARD OF PHARMACY 128.14    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read: 128.15151.01 DEFINITIONS. 128.16    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly 128.17indicates that a different meaning is intended, the following words, terms, and phrases, for 128.18the purposes of this chapter, shall be given the meanings subjoined to them. 128.19    Subd. 2. Pharmacy. "Pharmacy" means an established new text begin a new text end place of business in 128.20which prescriptions, new text begin prescription new text end drugs, medicines, chemicals, and poisons are prepared, 128.21compounded, new text begin or new text end dispensed, vended, or sold to or for the use of patients new text begin by or under new text end 128.22 new text begin the supervision of a pharmacist new text end and from which related clinical pharmacy services are 128.23delivered. 128.24    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a 128.25pharmacy that has been issued a restricted license by the board to perform a limited range 128.26of the activities that constitute the practice of pharmacy. 128.27    Subd. 3. Pharmacist. The term "pharmacist" means an individual with a currently 128.28valid license issued by the Board of Pharmacy to practice pharmacy. 128.29    Subd. 5. Drug. The term "drug" means all medicinal substances and preparations 128.30recognized by the United States Pharmacopoeia and National Formulary, or any revision 128.31thereof, new text begin vaccines and biologicals, new text end and all substances and preparations intended for external 128.32and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 128.33humans or other animals, and all substances and preparations, other than food, intended to 128.34affect the structure or any function of the bodies of humans or other animals. new text begin The term drug new text end 129.1 new text begin shall also mean any compound, substance, or derivative that is not approved for human new text end 129.2 new text begin consumption by the United States Food and Drug Administration or specifically permitted new text end 129.3 new text begin for human consumption under Minnesota law and, when introduced into the body, induces new text end 129.4 new text begin an effect similar to that of a Schedule I or Schedule II controlled substance listed in new text end 129.5 new text begin section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, new text end 129.6 new text begin regardless of whether the substance is marketed for the purpose of human consumption. new text end 129.7    Subd. 6. Medicine. The term "medicine" means any remedial agent that has the 129.8property of curing, preventing, treating, or mitigating diseases, or that is used for that 129.9purpose. 129.10    Subd. 7. Poisons. The term "poisons" means any substance which new text begin that new text end , when 129.11introduced into the system, directly or by absorption, produces violent, morbid, or fatal 129.12changes, or which new text begin that new text end destroys living tissue with which it comes in contact. 129.13    Subd. 8. Chemical. The term "chemical" means all medicinal or industrial 129.14substances, whether simple or compound, or obtained through the process of the science 129.15and art of chemistry, whether of organic or inorganic origin. 129.16    Subd. 9. Board or State Board of Pharmacy. The term "board" or "State Board of 129.17Pharmacy" means the Minnesota State Board of Pharmacy. 129.18    Subd. 10. Director. The term "director" means the new text begin executive new text end director of the 129.19Minnesota State Board of Pharmacy. 129.20    Subd. 11. Person. The term "person" means an individual, firm, partnership, 129.21company, corporation, trustee, association, agency, or other public or private entity. 129.22    Subd. 12. Wholesale. The term "wholesale" means and includes any sale for the 129.23purpose of resale. 129.24    Subd. 13. Commercial purposes. The phrase "commercial purposes" means the 129.25ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 129.26of medicine and new text begin , new text end pharmacy new text begin , and other health care professions new text end . 129.27    Subd. 14. Manufacturing. The term "manufacturing" except in the case of bulk 129.28compounding, prepackaging or extemporaneous compounding within a pharmacy, means 129.29and includes the production, quality control and standardization by mechanical, physical, 129.30chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 129.31relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 129.32without exception, for medicinal purposes. new text begin preparation, propagation, conversion, or new text end 129.33 new text begin processing of a drug, either directly or indirectly, by extraction from substances of natural new text end 129.34 new text begin origin or independently by means of chemical or biological synthesis. Manufacturing new text end 129.35 new text begin includes the packaging or repackaging of a drug, or the labeling or relabeling of new text end 129.36 new text begin the container of a drug, for resale by pharmacies, practitioners, or other persons. new text end 130.1 new text begin Manufacturing does not include the prepackaging, extemporaneous compounding, or new text end 130.2 new text begin anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, new text end 130.3 new text begin nor the labeling of a container within a pharmacy or by a practitioner for the purpose of new text end 130.4 new text begin dispensing a drug to a patient pursuant to a valid prescription. new text end 130.5     new text begin Subd. 14a. new text end new text begin Manufacturer. new text end new text begin The term "manufacturer" means any person engaged new text end 130.6 new text begin in manufacturing. new text end 130.7     new text begin Subd. 14b. new text end new text begin Outsourcing facility. new text end new text begin "Outsourcing facility" means a facility that is new text end 130.8 new text begin registered by the United States Food and Drug Administration pursuant to United States new text end 130.9 new text begin Code, title 21, section 353b. new text end 130.10    Subd. 15. Pharmacist intern. The term "pharmacist intern" means (1) a natural 130.11person satisfactorily progressing toward the degree in pharmacy required for licensure, or 130.12(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 130.13college approved by the board, who is registered by the State Board of Pharmacy for the 130.14purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 130.15or (3) a qualified applicant awaiting examination for licensure. 130.16    Subd. 15a. Pharmacy technician. The term "pharmacy technician" means a person 130.17not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 130.18preparation and dispensing of medications by performing computer entry of prescription 130.19data and other manipulative tasks. A pharmacy technician shall not perform tasks 130.20specifically reserved to a licensed pharmacist or requiring professional judgment. 130.21    Subd. 16. Prescription new text begin drug order new text end . The term "prescription new text begin drug order new text end " means a 130.22signed new text begin lawful new text end written order, or an new text begin , new text end oral new text begin , or electronic new text end order reduced to writing, given by new text begin of new text end 130.23 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 130.24practice, issued for an individual patient and containing the following: the date of issue, 130.25name and address of the patient, name and quantity of the drug prescribed, directions 130.26for use, and the name and address of the prescriber. new text begin for a drug for a specific patient. new text end 130.27 new text begin Prescription drug orders for controlled substances must be prepared in accordance with the new text end 130.28 new text begin provisions of section 152.11 and the federal Controlled Substances Act and the regulations new text end 130.29 new text begin promulgated thereunder. new text end 130.30     new text begin Subd. 16a. new text end new text begin Prescription. new text end new text begin The term "prescription" means a prescription drug order new text end 130.31 new text begin that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an new text end 130.32 new text begin electronic order. To be valid, a prescription must be issued for an individual patient by new text end 130.33 new text begin a practitioner within the scope and usual course of the practitioner's practice, and must new text end 130.34 new text begin contain the date of issue, name and address of the patient, name and quantity of the drug new text end 130.35 new text begin prescribed, directions for use, the name and address of the practitioner, and a telephone new text end 130.36 new text begin number at which the practitioner can be reached. A prescription written or printed on new text end 131.1 new text begin paper that is given to the patient or an agent of the patient or that is transmitted by fax new text end 131.2 new text begin must contain the practitioner's manual signature. An electronic prescription must contain new text end 131.3 new text begin the practitioner's electronic signature. new text end 131.4     new text begin Subd. 16b. new text end new text begin Chart order. new text end new text begin The term "chart order" means a prescription drug order for new text end 131.5 new text begin a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct new text end 131.6 new text begin supervision of a pharmacist, and administered by an authorized person only during the new text end 131.7 new text begin patient's stay in a hospital or long-term care facility. The chart order shall contain the name new text end 131.8 new text begin of the patient, another patient identifier such as birth date or medical record number, the new text end 131.9 new text begin drug ordered, and any directions that the practitioner may prescribe concerning strength, new text end 131.10 new text begin dosage, frequency, and route of administration. The manual or electronic signature of the new text end 131.11 new text begin practitioner must be affixed to the chart order at the time it is written or at a later date in new text end 131.12 new text begin the case of verbal chart orders. new text end 131.13    Subd. 17. Legend drug. "Legend drug" means a drug which new text begin that new text end is required by 131.14federal law to bear the following statement, "Caution: Federal law prohibits dispensing 131.15without prescription." new text begin be dispensed only pursuant to the prescription of a licensed new text end 131.16 new text begin practitioner. new text end 131.17    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter 131.18upon the immediate container of any drug or medicine; and a requirement made by or 131.19under authority of Laws 1969, chapter 933 that new text begin . new text end Any word, statement, or other information 131.20appearing new text begin required by or under the authority of this chapter to appear new text end on the label shall not 131.21be considered to be complied with unless such word, statement, or other information also 131.22appears new text begin appear new text end on the outside container or wrapper, if any there be, of the retail package of 131.23such drug or medicine, or is new text begin be new text end easily legible through the outside container or wrapper. 131.24    Subd. 19. Package. "Package" means any container or wrapping in which any 131.25drug or medicine is enclosed for use in the delivery or display of that article to retail 131.26purchasers, but does not include: 131.27(a) shipping containers or wrappings used solely for the transportation of any such 131.28article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 131.29retail distributors; 131.30(b) shipping containers or outer wrappings used by retailers to ship or deliver any 131.31such article to retail customers if such containers and wrappings bear no printed matter 131.32pertaining to any particular drug or medicine. 131.33    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or 131.34graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 131.35accompanying such article. 132.1    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 132.2Act, United States Code, title 21, section 301, et seq., as amended. 132.3    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed 132.4pharmacist in the state of Minnesota who has been designated in accordance with the rules 132.5of the State Board of Pharmacy to assume professional responsibility for the operation 132.6of the pharmacy in compliance with the requirements and duties as established by the 132.7board in its rules. 132.8    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 132.9doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 132.10licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 132.11sections 151.15, subdivision 4; new text begin 151.252, subdivision 3; new text end 151.37, subdivision 2, paragraphs 132.12(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 132.13prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 132.14authorized to prescribe, dispense, and administer under section 148.235. For purposes of 132.15sections 151.15, subdivision 4; new text begin 151.252, subdivision 3; new text end 151.37, subdivision 2, paragraph 132.16(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 132.17administer under chapter 150A. 132.18    Subd. 24. Brand name. "Brand name" means the registered trademark name given 132.19to a drug product by its manufacturer, labeler or distributor. 132.20    Subd. 25. Generic name. "Generic name" means the established name or official 132.21name of a drug or drug product. 132.22    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a 132.23drug which new text begin that new text end is or is intended to be dispensed or administered to the patient and requires 132.24no further manufacturing or processing other than packaging, reconstitution, or labeling. 132.25    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means: 132.26    (1) interpretation and evaluation of prescription drug orders; 132.27    (2) compounding, labeling, and dispensing drugs and devices (except labeling by 132.28a manufacturer or packager of nonprescription drugs or commercially packaged legend 132.29drugs and devices); 132.30    (3) participation in clinical interpretations and monitoring of drug therapy for 132.31assurance of safe and effective use of drugs new text begin , including the performance of laboratory tests new text end 132.32 new text begin that are waived under the federal Clinical Laboratory Improvement Act of 1988, United new text end 132.33 new text begin States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the new text end 132.34 new text begin results of laboratory tests but may modify drug therapy only pursuant to a protocol or new text end 132.35 new text begin collaborative practice agreement new text end ; 133.1    (4) participation in drug and therapeutic device selection; drug administration for first 133.2dosage and medical emergencies; drug regimen reviews; and drug or drug-related research; 133.3    (5) participation in administration of influenza vaccines to all eligible individuals ten 133.4years of age and older and all other vaccines to patients 18 years of age and older under 133.5standing orders from a physician licensed under chapter 147 or by written protocol with a 133.6physician new text begin licensed under chapter 147, a physician assistant authorized to prescribe drugs new text end 133.7 new text begin under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under new text end 133.8 new text begin section 148.235, new text end provided that: 133.9 new text begin (i) the protocol includes, at a minimum: new text end 133.10 new text begin (A) the name, dose, and route of each vaccine that may be given; new text end 133.11 new text begin (B) the patient population for whom the vaccine may be given; new text end 133.12 new text begin (C) contraindications and precautions to the vaccine; new text end 133.13 new text begin (D) the procedure for handling an adverse reaction; new text end 133.14 new text begin (E) the name, signature, and address of the physician, physician assistant, or new text end 133.15 new text begin advanced nurse practitioner; new text end 133.16 new text begin (F) a telephone number at which the physician, physician assistant, or advanced new text end 133.17 new text begin nurse practitioner can be contacted; and new text end 133.18 new text begin (G) the date and time period for which the protocol is valid; new text end 133.19    (i) new text begin (ii) new text end the pharmacist is trained in new text begin has successfully completed new text end a program approved 133.20by the American new text begin Accreditation new text end Council of Pharmaceutical new text begin for Pharmacy new text end Education 133.21 new text begin specifically new text end for the administration of immunizations or graduated from a college of 133.22pharmacy in 2001 or thereafter new text begin a program approved by the board new text end ; and 133.23    (ii) new text begin (iii) new text end the pharmacist reports the administration of the immunization to the patient's 133.24primary physician or clinic new text begin or to the Minnesota Immunization Information Connection new text end ; new text begin and new text end 133.25 new text begin (iv) the pharmacist complies with guidelines for vaccines and immunizations new text end 133.26 new text begin established by the federal Advisory Committee on Immunization Practices, except that a new text end 133.27 new text begin pharmacist does not need to comply with those portions of the guidelines that establish new text end 133.28 new text begin immunization schedules when administering a vaccine pursuant to a valid, patient-specific new text end 133.29 new text begin order issued by a physician licensed under chapter 147, a physician assistant authorized to new text end 133.30 new text begin prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe new text end 133.31 new text begin drugs under section 148.235, provided that the order is consistent with the United States new text end 133.32 new text begin Food and Drug Administration approved labeling of the vaccine; new text end 133.33    (6) participation in the practice of managing drug therapy and modifying new text begin initiation, new text end 133.34 new text begin management, modification, and discontinuation of new text end drug therapy, according to section 133.35151.21, subdivision 1, according to a written protocol new text begin or collaborative practice agreement new text end 133.36between the specific pharmacist new text begin : (i) one or more pharmacists new text end and the individual dentist, 134.1optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 134.2care and authorized to independently prescribe drugs new text begin one or more dentists, optometrists, new text end 134.3 new text begin physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more new text end 134.4 new text begin physician assistants authorized to prescribe, dispense, and administer under chapter 147A, new text end 134.5 new text begin or advanced practice nurses authorized to prescribe, dispense, and administer under new text end 134.6 new text begin section 148.235 new text end . Any significant changes in drug therapy new text begin made pursuant to a protocol or new text end 134.7 new text begin collaborative practice agreement new text end must be reported new text begin documented new text end by the pharmacist to new text begin in new text end 134.8 the patient's medical record new text begin or reported by the pharmacist to a practitioner responsible new text end 134.9 new text begin for the patient's care new text end ; 134.10    (7) participation in the storage of drugs and the maintenance of records; 134.11    (8) responsibility for participation in patient counseling on therapeutic values, 134.12content, hazards, and uses of drugs and devices; and 134.13    (9) offering or performing those acts, services, operations, or transactions necessary 134.14in the conduct, operation, management, and control of a pharmacy. 134.15     new text begin Subd. 27a. new text end new text begin Protocol. new text end new text begin "Protocol" means: new text end 134.16 new text begin (1) a specific written plan that describes the nature and scope of activities that a new text end 134.17 new text begin pharmacist may engage in when initiating, managing, modifying, or discontinuing drug new text end 134.18 new text begin therapy as allowed in subdivision 27, clause (6); or new text end 134.19 new text begin (2) a specific written plan that authorizes a pharmacist to administer vaccines and new text end 134.20 new text begin that complies with subdivision 27, clause (5). new text end 134.21     new text begin Subd. 27b. new text end new text begin Collaborative practice. new text end new text begin "Collaborative practice" means patient care new text end 134.22 new text begin activities, consistent with subdivision 27, engaged in by one or more pharmacists who new text end 134.23 new text begin have agreed to work in collaboration with one or more practitioners to initiate, manage, new text end 134.24 new text begin and modify drug therapy under specified conditions mutually agreed to by the pharmacists new text end 134.25 new text begin and practitioners. new text end 134.26     new text begin Subd. 27c. new text end new text begin Collaborative practice agreement. new text end new text begin "Collaborative practice agreement" new text end 134.27 new text begin means a written and signed agreement between one or more pharmacists and one or more new text end 134.28 new text begin practitioners that allows the pharmacist or pharmacists to engage in collaborative practice. new text end 134.29    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is 134.30required by federal law to bear the following statement: "Caution: Federal law restricts 134.31this drug to use by or on the order of a licensed veterinarian." new text begin be dispensed only pursuant new text end 134.32 new text begin to the prescription of a licensed veterinarian. new text end 134.33    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous 134.34substance used for medical purposes and that is required by federal law to bear the 134.35following statement: "Caution: Federal law prohibits dispensing without a prescription." 134.36 new text begin be dispensed only pursuant to the prescription of a licensed practitioner. new text end 135.1    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation 135.2or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 135.3appropriately labeled for subsequent administration to or use by a patient or other individual 135.4entitled to receive the drug. new text begin interpretation, evaluation, and processing of a prescription new text end 135.5 new text begin drug order and includes those processes specified by the board in rule that are necessary new text end 135.6 new text begin for the preparation and provision of a drug to a patient or patient's agent in a suitable new text end 135.7 new text begin container appropriately labeled for subsequent administration to, or use by, a patient. new text end 135.8    Subd. 31. Central service pharmacy. "Central service pharmacy" means a 135.9pharmacy that may provide dispensing functions, drug utilization review, packaging, 135.10labeling, or delivery of a prescription product to another pharmacy for the purpose of 135.11filling a prescription. 135.12    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound, 135.13symbol, or process attached to or associated with a record and executed or adopted by a 135.14person with the intent to sign the record. 135.15    Subd. 33. Electronic transmission. "Electronic transmission" means transmission 135.16of information in electronic form. 135.17    Subd. 34. Health professional shortage area. "Health professional shortage area" 135.18means an area designated as such by the federal Secretary of Health and Human Services, 135.19as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 135.20title 42, section 254E. 135.21     new text begin Subd. 35. new text end new text begin Compounding. new text end new text begin "Compounding" means preparing, mixing, assembling, new text end 135.22 new text begin packaging, and labeling a drug for an identified individual patient as a result of new text end 135.23 new text begin a practitioner's prescription drug order. Compounding also includes anticipatory new text end 135.24 new text begin compounding, as defined in this section, and the preparation of drugs in which all bulk new text end 135.25 new text begin drug substances and components are nonprescription substances. Compounding does new text end 135.26 new text begin not include mixing or reconstituting a drug according to the product's labeling or to the new text end 135.27 new text begin manufacturer's directions. Compounding does not include the preparation of a drug for the new text end 135.28 new text begin purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug new text end 135.29 new text begin is not prepared for dispensing or administration to patients. All compounding, regardless new text end 135.30 new text begin of the type of product, must be done pursuant to a prescription drug order unless otherwise new text end 135.31 new text begin permitted in this chapter or by the rules of the board. Compounding does not include a new text end 135.32 new text begin minor deviation from such directions with regard to radioactivity, volume, or stability, new text end 135.33 new text begin which is made by or under the supervision of a licensed nuclear pharmacist or a physician, new text end 135.34 new text begin and which is necessary in order to accommodate circumstances not contemplated in the new text end 135.35 new text begin manufacturer's instructions, such as the rate of radioactive decay or geographical distance new text end 135.36 new text begin from the patient. new text end 136.1     new text begin Subd. 36. new text end new text begin Anticipatory compounding. new text end new text begin "Anticipatory compounding" means the new text end 136.2 new text begin preparation by a pharmacy of a supply of a compounded drug product that is sufficient to new text end 136.3 new text begin meet the short-term anticipated need of the pharmacy for the filling of prescription drug new text end 136.4 new text begin orders. In the case of practitioners only, anticipatory compounding means the preparation new text end 136.5 new text begin of a supply of a compounded drug product that is sufficient to meet the practitioner's new text end 136.6 new text begin short-term anticipated need for dispensing or administering the drug to patients treated new text end 136.7 new text begin by the practitioner. Anticipatory compounding is not the preparation of a compounded new text end 136.8 new text begin drug product for wholesale distribution. new text end 136.9     new text begin Subd. 37. new text end new text begin Extemporaneous compounding. new text end new text begin "Extemporaneous compounding" new text end 136.10 new text begin means the compounding of a drug product pursuant to a prescription drug order for a specific new text end 136.11 new text begin patient that is issued in advance of the compounding. Extemporaneous compounding is new text end 136.12 new text begin not the preparation of a compounded drug product for wholesale distribution. new text end 136.13     new text begin Subd. 38. new text end new text begin Compounded positron emission tomography drug. new text end new text begin "Compounded new text end 136.14 new text begin positron emission tomography drug" new text end new text begin means a drug that: new text end 136.15 new text begin (1) exhibits spontaneous disintegration of unstable nuclei by the emission of new text end 136.16 new text begin positrons and is used for the purpose of providing dual photon positron emission new text end 136.17 new text begin tomographic diagnostic images; new text end 136.18 new text begin (2) has been compounded by or on the order of a practitioner in accordance with the new text end 136.19 new text begin relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, new text end 136.20 new text begin teaching, or quality control; and new text end 136.21 new text begin (3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, new text end 136.22 new text begin accelerator, target material, electronic synthesizer, or other apparatus or computer program new text end 136.23 new text begin to be used in the preparation of such a drug. new text end 136.24    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read: 136.25151.06 POWERS AND DUTIES. 136.26    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy 136.27shall have the power and it shall be its duty: 136.28    (1) to regulate the practice of pharmacy; 136.29    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state; 136.30    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 136.31dispensed in this state, using the United States Pharmacopeia and the National Formulary, 136.32or any revisions thereof, or standards adopted under the federal act as the standard; 136.33    (4) to enter and inspect by its authorized representative any and all places where 136.34drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 136.35away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 137.1or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 137.2after paying or offering to pay for such sample; it shall be entitled to inspect and make 137.3copies of any and all records of shipment, purchase, manufacture, quality control, and 137.4sale of these items provided, however, that such inspection shall not extend to financial 137.5data, sales data, or pricing data; 137.6    (5) to examine and license as pharmacists all applicants whom it shall deem qualified 137.7to be such; 137.8    (6) to license wholesale drug distributors; 137.9    (7) to deny, suspend, revoke, or refuse to renew new text begin take disciplinary action against new text end any 137.10registration or license required under this chapter, to any applicant or registrant or licensee 137.11 upon any of the following grounds: new text begin listed in section 151.071, and in accordance with new text end 137.12 new text begin the provisions of section 151.071; new text end 137.13    (i) fraud or deception in connection with the securing of such license or registration; 137.14    (ii) in the case of a pharmacist, conviction in any court of a felony; 137.15    (iii) in the case of a pharmacist, conviction in any court of an offense involving 137.16moral turpitude; 137.17    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 137.18or habitual indulgence in intoxicating liquors in a manner which could cause conduct 137.19endangering public health; 137.20    (v) unprofessional conduct or conduct endangering public health; 137.21    (vi) gross immorality; 137.22    (vii) employing, assisting, or enabling in any manner an unlicensed person to 137.23practice pharmacy; 137.24    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof; 137.25    (ix) violation of any of the provisions of this chapter or any of the rules of the State 137.26Board of Pharmacy; 137.27    (x) in the case of a pharmacy license, operation of such pharmacy without a 137.28pharmacist present and on duty; 137.29    (xi) in the case of a pharmacist, physical or mental disability which could cause 137.30incompetency in the practice of pharmacy; 137.31    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice 137.32pharmacy in another state; or 137.33    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 137.34violation of section as established by any of the following: 137.35    (A) a copy of the record of criminal conviction or plea of guilty for a felony in 137.36violation of section 609.215, subdivision 1 or 2; 138.1    (B) a copy of the record of a judgment of contempt of court for violating an 138.2injunction issued under section 609.215, subdivision 4; 138.3    (C) a copy of the record of a judgment assessing damages under section 609.215, 138.4subdivision 5 ; or 138.5    (D) a finding by the board that the person violated section 609.215, subdivision 138.61 or 2. The board shall investigate any complaint of a violation of section 609.215, 138.7subdivision 1 or 2; 138.8    (8) to employ necessary assistants and adopt rules for the conduct of its business; 138.9    (9) to register as pharmacy technicians all applicants who the board determines are 138.10qualified to carry out the duties of a pharmacy technician; and 138.11    (10) to perform such other duties and exercise such other powers as the provisions of 138.12the act may require. new text begin ; and new text end 138.13 new text begin (11) to enter and inspect any business to which it issues a license or registration. new text end 138.14    (b) Temporary suspension. In addition to any other remedy provided by law, the board 138.15may, without a hearing, temporarily suspend a license for not more than 60 days if the board 138.16finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 138.17and continued practice by the pharmacist would create an imminent risk of harm to others. 138.18The suspension shall take effect upon written notice to the pharmacist, specifying the 138.19statute or rule violated. At the time it issues the suspension notice, the board shall schedule 138.20a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 138.21shall be provided with at least 20 days' notice of any hearing held under this subdivision. 138.22    (c) new text begin (b) new text end Rules. For the purposes aforesaid, it shall be the duty of the board to make 138.23and publish uniform rules not inconsistent herewith for carrying out and enforcing 138.24the provisions of this chapter. The board shall adopt rules regarding prospective drug 138.25utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 138.26the pharmacist's professional judgment, upon the presentation of a new prescription by a 138.27patient or the patient's caregiver or agent, shall perform the prospective drug utilization 138.28review required by rules issued under this subdivision. 138.29(d) new text begin (c) new text end Substitution; rules. If the United States Food and Drug Administration 138.30(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 138.31seizures poses a health risk to patients, the board shall adopt rules in accordance with 138.32accompanying FDA interchangeability standards regarding the use of substitution for 138.33these drugs. If the board adopts a rule regarding the substitution of drugs used for the 138.34treatment of epilepsy or seizures that conflicts with the substitution requirements of 138.35section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 138.36proposed by the board would increase state costs for state public health care programs, 139.1the board shall report to the chairs and ranking minority members of the senate Health 139.2and Human Services Budget Division and the house of representatives Health Care and 139.3Human Services Finance Division the proposed rule and the increased cost associated 139.4with the proposed rule before the board may adopt the rule. 139.5    Subd. 1a. Disciplinary action new text begin Cease and desist orders new text end . It shall be grounds for 139.6disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 139.7the Board of Pharmacy determines that any person with supervisory responsibilities at the 139.8pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 139.9review and patient counseling as required by rules adopted under subdivision 1. The 139.10Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 139.11taken under this section. new text begin (a) Whenever it appears to the board that a person has engaged in new text end 139.12 new text begin an act or practice constituting a violation of a law, rule, or other order related to the duties new text end 139.13 new text begin and responsibilities entrusted to the board, the board may issue and cause to be served new text end 139.14 new text begin upon the person an order requiring the person to cease and desist from violations. new text end 139.15 new text begin (b) The cease and desist order must state the reasons for the issuance of the order new text end 139.16 new text begin and must give reasonable notice of the rights of the person to request a hearing before new text end 139.17 new text begin an administrative law judge. A hearing must be held not later than ten days after the new text end 139.18 new text begin request for the hearing is received by the board. After the completion of the hearing, new text end 139.19 new text begin the administrative law judge shall issue a report within ten days. Within 15 days after new text end 139.20 new text begin receiving the report of the administrative law judge, the board shall issue a further order new text end 139.21 new text begin vacating or making permanent the cease and desist order. The time periods provided in new text end 139.22 new text begin this provision may be waived by agreement of the executive director of the board and the new text end 139.23 new text begin person against whom the cease and desist order was issued. If the person to whom a cease new text end 139.24 new text begin and desist order is issued fails to appear at the hearing after being duly notified, the person new text end 139.25 new text begin is in default, and the proceeding may be determined against that person upon consideration new text end 139.26 new text begin of the cease and desist order, the allegations of which may be considered to be true. Unless new text end 139.27 new text begin otherwise provided, all hearings must be conducted according to chapter 14. The board new text end 139.28 new text begin may adopt rules of procedure concerning all proceedings conducted under this subdivision. new text end 139.29 new text begin (c) If no hearing is requested within 30 days of service of the order, the cease and new text end 139.30 new text begin desist order will become permanent. new text end 139.31 new text begin (d) A cease and desist order issued under this subdivision remains in effect until new text end 139.32 new text begin it is modified or vacated by the board. The administrative proceeding provided by this new text end 139.33 new text begin subdivision, and subsequent appellate judicial review of that administrative proceeding, new text end 139.34 new text begin constitutes the exclusive remedy for determining whether the board properly issued the new text end 139.35 new text begin cease and desist order and whether the cease and desist order should be vacated or made new text end 139.36 new text begin permanent. new text end 140.1     new text begin Subd. 1b. new text end new text begin Enforcement of violations of cease and desist orders. new text end new text begin (a) Whenever new text end 140.2 new text begin the board under subdivision 1a seeks to enforce compliance with a cease and desist new text end 140.3 new text begin order that has been made permanent, the allegations of the cease and desist order are new text end 140.4 new text begin considered conclusively established for purposes of proceeding under subdivision 1a for new text end 140.5 new text begin permanent or temporary relief to enforce the cease and desist order. Whenever the board new text end 140.6 new text begin under subdivision 1a seeks to enforce compliance with a cease and desist order when a new text end 140.7 new text begin hearing or hearing request on the cease and desist order is pending, or the time has not new text end 140.8 new text begin yet expired to request a hearing on whether a cease and desist order should be vacated or new text end 140.9 new text begin made permanent, the allegations in the cease and desist order are considered conclusively new text end 140.10 new text begin established for the purposes of proceeding under subdivision 1a for temporary relief to new text end 140.11 new text begin enforce the cease and desist order. new text end 140.12 new text begin (b) Notwithstanding this subdivision or subdivision 1a, the person against whom new text end 140.13 new text begin the cease and desist order is issued and who has requested a hearing under subdivision 1a new text end 140.14 new text begin may, within 15 days after service of the cease and desist order, bring an action in Ramsey new text end 140.15 new text begin County District Court for issuance of an injunction to suspend enforcement of the cease new text end 140.16 new text begin and desist order pending a final decision of the board under subdivision 1a to vacate or new text end 140.17 new text begin make permanent the cease and desist order. The court shall determine whether to issue new text end 140.18 new text begin such an injunction based on traditional principles of temporary relief. new text end 140.19    Subd. 2. Application. new text begin In the case of a facility licensed or registered by the board, new text end 140.20the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 140.21shall also apply to the following: 140.22(1) In the case of a partnership, each partner thereof; 140.23(2) In the case of an association, each member thereof; 140.24(3) In the case of a corporation, each officer or director thereof and each shareholder 140.25owning 30 percent or more of the voting stock of such corporation. 140.26    Subd. 3. Application of Administrative Procedure Act. The board shall comply 140.27with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 140.28license or registration issued under this chapter. 140.29    Subd. 4. Reinstatement. Any license or registration which has been suspended 140.30or revoked may be reinstated by the board provided the holder thereof shall pay all costs 140.31of the proceedings resulting in the suspension or revocation, and, in addition thereto, 140.32pay a fee set by the board. 140.33    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding 140.34$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 140.35to deprive a licensee or registrant of any economic advantage gained by reason of 140.36the violation, to discourage similar violations by the licensee or registrant or any other 141.1licensee or registrant, or to reimburse the board for the cost of the investigation and 141.2proceeding, including, but not limited to, fees paid for services provided by the Office of 141.3Administrative Hearings, legal and investigative services provided by the Office of the 141.4Attorney General, court reporters, witnesses, reproduction of records, board members' 141.5per diem compensation, board staff time, and travel costs and expenses incurred by board 141.6staff and board members. 141.7 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1a and 1b are effective August 1, 2014, and new text end 141.8 new text begin apply to violations occurring on or after that date. new text end 141.9    Sec. 3. new text begin [151.071] DISCIPLINARY ACTION. new text end 141.10     new text begin Subdivision 1. new text end new text begin Forms of disciplinary action. new text end new text begin When the board finds that a licensee, new text end 141.11 new text begin registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may new text end 141.12 new text begin do one or more of the following: new text end 141.13 new text begin (1) deny the issuance of a license or registration; new text end 141.14 new text begin (2) refuse to renew a license or registration; new text end 141.15 new text begin (3) revoke the license or registration; new text end 141.16 new text begin (4) suspend the license or registration; new text end 141.17 new text begin (5) impose limitations, conditions, or both on the license or registration, including new text end 141.18 new text begin but not limited to: the limitation of practice designated settings; the imposition of new text end 141.19 new text begin retraining or rehabilitation requirements; the requirement of practice under supervision; new text end 141.20 new text begin the requirement of participation in a diversion program such as that established pursuant to new text end 141.21 new text begin section 214.31 or the conditioning of continued practice on demonstration of knowledge new text end 141.22 new text begin or skills by appropriate examination or other review of skill and competence; new text end 141.23 new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation, the new text end 141.24 new text begin amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any new text end 141.25 new text begin economic advantage gained by reason of the violation, to discourage similar violations new text end 141.26 new text begin by the licensee or registrant or any other licensee or registrant, or to reimburse the board new text end 141.27 new text begin for the cost of the investigation and proceeding, including but not limited to, fees paid new text end 141.28 new text begin for services provided by the Office of Administrative Hearings, legal and investigative new text end 141.29 new text begin services provided by the Office of the Attorney General, court reporters, witnesses, new text end 141.30 new text begin reproduction of records, board members' per diem compensation, board staff time, and new text end 141.31 new text begin travel costs and expenses incurred by board staff and board members; and new text end 141.32 new text begin (7) reprimand the licensee or registrant. new text end 141.33     new text begin Subd. 2. new text end new text begin Grounds for disciplinary action. new text end new text begin The following conduct is prohibited and new text end 141.34 new text begin is grounds for disciplinary action: new text end 142.1 new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for a license new text end 142.2 new text begin or registration contained in this chapter or the rules of the board. The burden of proof is on new text end 142.3 new text begin the applicant to demonstrate such qualifications or satisfaction of such requirements; new text end 142.4 new text begin (2) obtaining a license by fraud or by misleading the board in any way during new text end 142.5 new text begin the application process or obtaining a license by cheating, or attempting to subvert new text end 142.6 new text begin the licensing examination process. Conduct that subverts or attempts to subvert the new text end 142.7 new text begin licensing examination process includes, but is not limited to: (i) conduct that violates the new text end 142.8 new text begin security of the examination materials, such as removing examination materials from the new text end 142.9 new text begin examination room or having unauthorized possession of any portion of a future, current, new text end 142.10 new text begin or previously administered licensing examination; (ii) conduct that violates the standard of new text end 142.11 new text begin test administration, such as communicating with another examinee during administration new text end 142.12 new text begin of the examination, copying another examinee's answers, permitting another examinee new text end 142.13 new text begin to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an new text end 142.14 new text begin examinee or permitting an impersonator to take the examination on one's own behalf; new text end 142.15 new text begin (3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a new text end 142.16 new text begin pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist new text end 142.17 new text begin intern registration, conviction of a felony reasonably related to the practice of pharmacy. new text end 142.18 new text begin Conviction as used in this subdivision includes a conviction of an offense that if committed new text end 142.19 new text begin in this state would be deemed a felony without regard to its designation elsewhere, or new text end 142.20 new text begin a criminal proceeding where a finding or verdict of guilt is made or returned but the new text end 142.21 new text begin adjudication of guilt is either withheld or not entered thereon. The board may delay the new text end 142.22 new text begin issuance of a new license or registration if the applicant has been charged with a felony new text end 142.23 new text begin until the matter has been adjudicated; new text end 142.24 new text begin (4) for a facility, other than a pharmacy, licensed or registered by the board, if an new text end 142.25 new text begin owner or applicant is convicted of a felony reasonably related to the operation of the new text end 142.26 new text begin facility. The board may delay the issuance of a new license or registration if the owner or new text end 142.27 new text begin applicant has been charged with a felony until the matter has been adjudicated; new text end 142.28 new text begin (5) for a controlled substance researcher, conviction of a felony reasonably related new text end 142.29 new text begin to controlled substances or to the practice of the researcher's profession. The board may new text end 142.30 new text begin delay the issuance of a registration if the applicant has been charged with a felony until new text end 142.31 new text begin the matter has been adjudicated; new text end 142.32 new text begin (6) disciplinary action taken by another state or by one of this state's health licensing new text end 142.33 new text begin agencies: new text end 142.34 new text begin (i) revocation, suspension, restriction, limitation, or other disciplinary action against new text end 142.35 new text begin a license or registration in another state or jurisdiction, failure to report to the board that new text end 142.36 new text begin charges or allegations regarding the person's license or registration have been brought in new text end 143.1 new text begin another state or jurisdiction, or having been refused a license or registration by any other new text end 143.2 new text begin state or jurisdiction. The board may delay the issuance of a new license or registration if new text end 143.3 new text begin an investigation or disciplinary action is pending in another state or jurisdiction until the new text end 143.4 new text begin investigation or action has been dismissed or otherwise resolved; and new text end 143.5 new text begin (ii) revocation, suspension, restriction, limitation, or other disciplinary action against new text end 143.6 new text begin a license or registration issued by another of this state's health licensing agencies, failure new text end 143.7 new text begin to report to the board that charges regarding the person's license or registration have been new text end 143.8 new text begin brought by another of this state's health licensing agencies, or having been refused a new text end 143.9 new text begin license or registration by another of this state's health licensing agencies. The board may new text end 143.10 new text begin delay the issuance of a new license or registration if a disciplinary action is pending before new text end 143.11 new text begin another of this state's health licensing agencies until the action has been dismissed or new text end 143.12 new text begin otherwise resolved; new text end 143.13 new text begin (7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation new text end 143.14 new text begin of any order of the board, of any of the provisions of this chapter or any rules of the new text end 143.15 new text begin board or violation of any federal, state, or local law or rule reasonably pertaining to the new text end 143.16 new text begin practice of pharmacy; new text end 143.17 new text begin (8) for a facility, other than a pharmacy, licensed by the board, violations of any new text end 143.18 new text begin order of the board, of any of the provisions of this chapter or the rules of the board or new text end 143.19 new text begin violation of any federal, state, or local law relating to the operation of the facility; new text end 143.20 new text begin (9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm new text end 143.21 new text begin the public, or demonstrating a willful or careless disregard for the health, welfare, or safety new text end 143.22 new text begin of a patient; or pharmacy practice that is professionally incompetent, in that it may create new text end 143.23 new text begin unnecessary danger to any patient's life, health, or safety, in any of which cases, proof new text end 143.24 new text begin of actual injury need not be established; new text end 143.25 new text begin (10) aiding or abetting an unlicensed person in the practice of pharmacy, except new text end 143.26 new text begin that it is not a violation of this clause for a pharmacist to supervise a properly registered new text end 143.27 new text begin pharmacy technician or pharmacist intern if that person is performing duties allowed new text end 143.28 new text begin by this chapter or the rules of the board; new text end 143.29 new text begin (11) for an individual licensed or registered by the board, adjudication as mentally ill new text end 143.30 new text begin or developmentally disabled, or as a chemically dependent person, a person dangerous new text end 143.31 new text begin to the public, a sexually dangerous person, or a person who has a sexual psychopathic new text end 143.32 new text begin personality, by a court of competent jurisdiction, within or without this state. Such new text end 143.33 new text begin adjudication shall automatically suspend a license for the duration thereof unless the new text end 143.34 new text begin board orders otherwise; new text end 143.35 new text begin (12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as new text end 143.36 new text begin specified in the board's rules. In the case of a pharmacy technician, engaging in conduct new text end 144.1 new text begin specified in board rules that would be unprofessional if it were engaged in by a pharmacist new text end 144.2 new text begin or pharmacist intern or performing duties specifically reserved for pharmacists under this new text end 144.3 new text begin chapter or the rules of the board; new text end 144.4 new text begin (13) for a pharmacy, operation of the pharmacy without a pharmacist present and on new text end 144.5 new text begin duty except as allowed by a variance approved by the board; new text end 144.6 new text begin (14) for a pharmacist, the inability to practice pharmacy with reasonable skill and new text end 144.7 new text begin safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or new text end 144.8 new text begin any other type of material or as a result of any mental or physical condition, including new text end 144.9 new text begin deterioration through the aging process or loss of motor skills. In the case of registered new text end 144.10 new text begin pharmacy technicians, pharmacist interns, or controlled substance researchers, the new text end 144.11 new text begin inability to carry out duties allowed under this chapter or the rules of the board with new text end 144.12 new text begin reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, new text end 144.13 new text begin narcotics, chemicals, or any other type of material or as a result of any mental or physical new text end 144.14 new text begin condition, including deterioration through the aging process or loss of motor skills; new text end 144.15 new text begin (15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical new text end 144.16 new text begin gas distributor, or controlled substance researcher, revealing a privileged communication new text end 144.17 new text begin from or relating to a patient except when otherwise required or permitted by law; new text end 144.18 new text begin (16) for a pharmacist or pharmacy, improper management of patient records, new text end 144.19 new text begin including failure to maintain adequate patient records, to comply with a patient's request new text end 144.20 new text begin made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report new text end 144.21 new text begin required by law; new text end 144.22 new text begin (17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, new text end 144.23 new text begin kickback, or other form of remuneration, directly or indirectly, for the referral of patients new text end 144.24 new text begin or the dispensing of drugs or devices; new text end 144.25 new text begin (18) engaging in abusive or fraudulent billing practices, including violations of the new text end 144.26 new text begin federal Medicare and Medicaid laws or state medical assistance laws or rules; new text end 144.27 new text begin (19) engaging in conduct with a patient that is sexual or may reasonably be new text end 144.28 new text begin interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually new text end 144.29 new text begin demeaning to a patient; new text end 144.30 new text begin (20) failure to make reports as required by section 151.072 or to cooperate with an new text end 144.31 new text begin investigation of the board as required by section 151.074; new text end 144.32 new text begin (21) knowingly providing false or misleading information that is directly related new text end 144.33 new text begin to the care of a patient unless done for an accepted therapeutic purpose such as the new text end 144.34 new text begin dispensing and administration of a placebo; new text end 144.35 new text begin (22) aiding suicide or aiding attempted suicide in violation of section 609.215 as new text end 144.36 new text begin established by any of the following: new text end 145.1 new text begin (i) a copy of the record of criminal conviction or plea of guilty for a felony in new text end 145.2 new text begin violation of section 609.215, subdivision 1 or 2; new text end 145.3 new text begin (ii) a copy of the record of a judgment of contempt of court for violating an new text end 145.4 new text begin injunction issued under section 609.215, subdivision 4; new text end 145.5 new text begin (iii) a copy of the record of a judgment assessing damages under section 609.215, new text end 145.6 new text begin subdivision 5; or new text end 145.7 new text begin (iv) a finding by the board that the person violated section 609.215, subdivision new text end 145.8 new text begin 1 or 2. The board shall investigate any complaint of a violation of section 609.215, new text end 145.9 new text begin subdivision 1 or 2; new text end 145.10 new text begin (23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. new text end 145.11 new text begin For a pharmacist intern, pharmacy technician, or controlled substance researcher, new text end 145.12 new text begin performing duties permitted to such individuals by this chapter or the rules of the board new text end 145.13 new text begin under a lapsed or nonrenewed registration. For a facility required to be licensed under this new text end 145.14 new text begin chapter, operation of the facility under a lapsed or nonrenewed license or registration; and new text end 145.15 new text begin (24) for a pharmacist, pharmacist intern, or pharmacy technician, termination new text end 145.16 new text begin or discharge from the health professional services program for reasons other than the new text end 145.17 new text begin satisfactory completion of the program. new text end 145.18     new text begin Subd. 3. new text end new text begin Automatic suspension. new text end new text begin (a) A license or registration issued under this new text end 145.19 new text begin chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance new text end 145.20 new text begin researcher is automatically suspended if: (1) a guardian of a licensee or registrant is new text end 145.21 new text begin appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons new text end 145.22 new text begin other than the minority of the licensee or registrant; or (2) the licensee or registrant is new text end 145.23 new text begin committed by order of a court pursuant to chapter 253B. The license or registration new text end 145.24 new text begin remains suspended until the licensee is restored to capacity by a court and, upon petition new text end 145.25 new text begin by the licensee or registrant, the suspension is terminated by the board after a hearing. new text end 145.26 new text begin (b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the new text end 145.27 new text begin board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice new text end 145.28 new text begin of pharmacy, the license or registration of the regulated person may be automatically new text end 145.29 new text begin suspended by the board. The license or registration will remain suspended until, upon new text end 145.30 new text begin petition by the regulated individual and after a hearing, the suspension is terminated by new text end 145.31 new text begin the board. The board may indefinitely suspend or revoke the license or registration of the new text end 145.32 new text begin regulated individual if, after a hearing before the board, the board finds that the felonious new text end 145.33 new text begin conduct would cause a serious risk of harm to the public. new text end 145.34 new text begin (c) For a facility that is licensed or registered by the board, upon notice to the new text end 145.35 new text begin board that an owner of the facility is subject to a judgment of, or a plea of guilty to, new text end 145.36 new text begin a felony reasonably related to the operation of the facility, the license or registration of new text end 146.1 new text begin the facility may be automatically suspended by the board. The license or registration will new text end 146.2 new text begin remain suspended until, upon petition by the facility and after a hearing, the suspension new text end 146.3 new text begin is terminated by the board. The board may indefinitely suspend or revoke the license or new text end 146.4 new text begin registration of the facility if, after a hearing before the board, the board finds that the new text end 146.5 new text begin felonious conduct would cause a serious risk of harm to the public. new text end 146.6 new text begin (d) For licenses and registrations that have been suspended or revoked pursuant new text end 146.7 new text begin to paragraphs (a) and (b), the regulated individual may have a license or registration new text end 146.8 new text begin reinstated, either with or without restrictions, by demonstrating clear and convincing new text end 146.9 new text begin evidence of rehabilitation, as provided in section 364.03. If the regulated individual has new text end 146.10 new text begin the conviction subsequently overturned by court decision, the board shall conduct a new text end 146.11 new text begin hearing to review the suspension within 30 days after the receipt of the court decision. new text end 146.12 new text begin The regulated individual is not required to prove rehabilitation if the subsequent court new text end 146.13 new text begin decision overturns previous court findings of public risk. new text end 146.14 new text begin (e) For licenses and registrations that have been suspended or revoked pursuant to new text end 146.15 new text begin paragraph (c), the regulated facility may have a license or registration reinstated, either with new text end 146.16 new text begin or without restrictions, conditions, or limitations, by demonstrating clear and convincing new text end 146.17 new text begin evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the new text end 146.18 new text begin convicted owner has the conviction subsequently overturned by court decision, the board new text end 146.19 new text begin shall conduct a hearing to review the suspension within 30 days after receipt of the court new text end 146.20 new text begin decision. The regulated facility is not required to prove rehabilitation of the convicted new text end 146.21 new text begin owner if the subsequent court decision overturns previous court findings of public risk. new text end 146.22 new text begin (f) The board may, upon majority vote of a quorum of its appointed members, new text end 146.23 new text begin suspend the license or registration of a regulated individual without a hearing if the new text end 146.24 new text begin regulated individual fails to maintain a current name and address with the board, as new text end 146.25 new text begin described in paragraphs (h) and (i), while the regulated individual is: (1) under board new text end 146.26 new text begin investigation, and a notice of conference has been issued by the board; (2) party to a new text end 146.27 new text begin contested case with the board; (3) party to an agreement for corrective action with the new text end 146.28 new text begin board; or (4) under a board order for disciplinary action. The suspension shall remain new text end 146.29 new text begin in effect until lifted by the board to the board's receipt of a petition from the regulated new text end 146.30 new text begin individual, along with the current name and address of the regulated individual. new text end 146.31 new text begin (g) The board may, upon majority vote of a quorum of its appointed members, new text end 146.32 new text begin suspend the license or registration of a regulated facility without a hearing if the regulated new text end 146.33 new text begin facility fails to maintain a current name and address of the owner of the facility with the new text end 146.34 new text begin board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under new text end 146.35 new text begin board investigation, and a notice of conference has been issued by the board; (2) party new text end 146.36 new text begin to a contested case with the board; (3) party to an agreement for corrective action with new text end 147.1 new text begin the board; or (4) under a board order for disciplinary action. The suspension shall remain new text end 147.2 new text begin in effect until lifted by the board pursuant to the board's receipt of a petition from the new text end 147.3 new text begin regulated facility, along with the current name and address of the owner of the facility. new text end 147.4 new text begin (h) An individual licensed or registered by the board shall maintain a current name new text end 147.5 new text begin and home address with the board and shall notify the board in writing within 30 days of new text end 147.6 new text begin any change in name or home address. An individual regulated by the board shall also new text end 147.7 new text begin maintain a current business address with the board as required by section 214.073. For new text end 147.8 new text begin an individual, if a name change only is requested, the regulated individual must request new text end 147.9 new text begin a revised license or registration. The board may require the individual to substantiate new text end 147.10 new text begin the name change by submitting official documentation from a court of law or agency new text end 147.11 new text begin authorized under law to receive and officially record a name change. In the case of an new text end 147.12 new text begin individual, if an address change only is requested, no request for a revised license or new text end 147.13 new text begin registration is required. If the current license or registration of an individual has been lost, new text end 147.14 new text begin stolen, or destroyed, the individual shall provide a written explanation to the board. new text end 147.15 new text begin (i) A facility licensed or registered by the board shall maintain a current name and new text end 147.16 new text begin address with the board. A facility shall notify the board in writing within 30 days of any new text end 147.17 new text begin change in name. A facility licensed or registered by the board but located outside of the new text end 147.18 new text begin state must notify the board within 30 days of an address change. A facility licensed or new text end 147.19 new text begin registered by the board and located within the state must notify the board at least 60 new text end 147.20 new text begin days in advance of a change of address that will result from the move of the facility to a new text end 147.21 new text begin different location and must pass an inspection at the new location as required by the board. new text end 147.22 new text begin If the current license or registration of a facility has been lost, stolen, or destroyed, the new text end 147.23 new text begin facility shall provide a written explanation to the board. new text end 147.24     new text begin Subd. 4. new text end new text begin Effective dates. new text end new text begin A suspension, revocation, condition, limitation, new text end 147.25 new text begin qualification, or restriction of a license or registration shall be in effect pending new text end 147.26 new text begin determination of an appeal. A revocation of a license pursuant to subdivision 1 is not new text end 147.27 new text begin appealable and shall remain in effect indefinitely. new text end 147.28     new text begin Subd. 5. new text end new text begin Conditions on reissued license. new text end new text begin In its discretion, the board may restore new text end 147.29 new text begin and reissue a license or registration issued under this chapter, but as a condition thereof new text end 147.30 new text begin may impose any disciplinary or corrective measure that it might originally have imposed. new text end 147.31     new text begin Subd. 6. new text end new text begin Temporary suspension of license for pharmacists. new text end new text begin In addition to any new text end 147.32 new text begin other remedy provided by law, the board may, without a hearing, temporarily suspend the new text end 147.33 new text begin license of a pharmacist if the board finds that the pharmacist has violated a statute or rule new text end 147.34 new text begin that the board is empowered to enforce and continued practice by the pharmacist would new text end 147.35 new text begin create a serious risk of harm to the public. The suspension shall take effect upon written new text end 147.36 new text begin notice to the pharmacist, specifying the statute or rule violated. The suspension shall new text end 148.1 new text begin remain in effect until the board issues a final order in the matter after a hearing. At the new text end 148.2 new text begin time it issues the suspension notice, the board shall schedule a disciplinary hearing to be new text end 148.3 new text begin held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with new text end 148.4 new text begin at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall new text end 148.5 new text begin be scheduled to begin no later than 30 days after the issuance of the suspension order. new text end 148.6     new text begin Subd. 7. new text end new text begin Temporary suspension of license for pharmacist interns, pharmacy new text end 148.7 new text begin technicians, and controlled substance researchers. new text end new text begin In addition to any other remedy new text end 148.8 new text begin provided by law, the board may, without a hearing, temporarily suspend the registration of new text end 148.9 new text begin a pharmacist intern, pharmacy technician, or controlled substance researcher if the board new text end 148.10 new text begin finds that the registrant has violated a statute or rule that the board is empowered to enforce new text end 148.11 new text begin and continued registration of the registrant would create a serious risk of harm to the new text end 148.12 new text begin public. The suspension shall take effect upon written notice to the registrant, specifying new text end 148.13 new text begin the statute or rule violated. The suspension shall remain in effect until the board issues a new text end 148.14 new text begin final order in the matter after a hearing. At the time it issues the suspension notice, the new text end 148.15 new text begin board shall schedule a disciplinary hearing to be held pursuant to the Administrative new text end 148.16 new text begin Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of new text end 148.17 new text begin any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no new text end 148.18 new text begin later than 30 days after the issuance of the suspension order. new text end 148.19     new text begin Subd. 8. new text end new text begin Temporary suspension of license for pharmacies, drug wholesalers, new text end 148.20 new text begin drug manufacturers, medical gas manufacturers, and medical gas distributors. new text end 148.21 new text begin In addition to any other remedy provided by law, the board may, without a hearing, new text end 148.22 new text begin temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug new text end 148.23 new text begin manufacturer, medical gas manufacturer, or medical gas distributor if the board finds new text end 148.24 new text begin that the licensee or registrant has violated a statute or rule that the board is empowered new text end 148.25 new text begin to enforce and continued operation of the licensed facility would create a serious risk of new text end 148.26 new text begin harm to the public. The suspension shall take effect upon written notice to the licensee or new text end 148.27 new text begin registrant, specifying the statute or rule violated. The suspension shall remain in effect new text end 148.28 new text begin until the board issues a final order in the matter after a hearing. At the time it issues the new text end 148.29 new text begin suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to new text end 148.30 new text begin the Administrative Procedure Act. The licensee or registrant shall be provided with at new text end 148.31 new text begin least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be new text end 148.32 new text begin scheduled to begin no later than 30 days after the issuance of the suspension order. new text end 148.33     new text begin Subd. 9. new text end new text begin Evidence. new text end new text begin In disciplinary actions alleging a violation of subdivision 2, new text end 148.34 new text begin clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court new text end 148.35 new text begin administrator or of the administrative agency that entered the same shall be admissible new text end 149.1 new text begin into evidence without further authentication and shall constitute prima facie evidence new text end 149.2 new text begin of the contents thereof. new text end 149.3     new text begin Subd. 10. new text end new text begin Mental examination; access to medical data. new text end new text begin (a) If the board has new text end 149.4 new text begin probable cause to believe that an individual licensed or registered by the board falls under new text end 149.5 new text begin subdivision 2, clause (14), it may direct the individual to submit to a mental or physical new text end 149.6 new text begin examination. For the purpose of this subdivision, every licensed or registered individual is new text end 149.7 new text begin deemed to have consented to submit to a mental or physical examination when directed in new text end 149.8 new text begin writing by the board and further to have waived all objections to the admissibility of the new text end 149.9 new text begin examining practitioner's testimony or examination reports on the grounds that the same new text end 149.10 new text begin constitute a privileged communication. Failure of a licensed or registered individual to new text end 149.11 new text begin submit to an examination when directed constitutes an admission of the allegations against new text end 149.12 new text begin the individual, unless the failure was due to circumstances beyond the individual's control, new text end 149.13 new text begin in which case a default and final order may be entered without the taking of testimony or new text end 149.14 new text begin presentation of evidence. Pharmacists affected under this paragraph shall at reasonable new text end 149.15 new text begin intervals be given an opportunity to demonstrate that they can resume the competent new text end 149.16 new text begin practice of the profession of pharmacy with reasonable skill and safety to the public. new text end 149.17 new text begin Pharmacist interns, pharmacy technicians, or controlled substance researchers affected new text end 149.18 new text begin under this paragraph shall at reasonable intervals be given an opportunity to demonstrate new text end 149.19 new text begin that they can competently resume the duties that can be performed, under this chapter or new text end 149.20 new text begin the rules of the board, by similarly registered persons with reasonable skill and safety to new text end 149.21 new text begin the public. In any proceeding under this paragraph, neither the record of proceedings nor new text end 149.22 new text begin the orders entered by the board shall be used against a licensed or registered individual new text end 149.23 new text begin in any other proceeding. new text end 149.24 new text begin (b) In addition to ordering a physical or mental examination, the board may, new text end 149.25 new text begin notwithstanding section 13.384, 144.651, or any other law limiting access to medical or new text end 149.26 new text begin other health data, obtain medical data and health records relating to an individual licensed new text end 149.27 new text begin or registered by the board, or to an applicant for licensure or registration, without the new text end 149.28 new text begin individual's consent, if the board has probable cause to believe that the individual falls new text end 149.29 new text begin under subdivision 2, clause (14). The medical data may be requested from a provider, new text end 149.30 new text begin as defined in section 144.291, subdivision 2, paragraph (h), an insurance company, or a new text end 149.31 new text begin government agency, including the Department of Human Services. A provider, insurance new text end 149.32 new text begin company, or government agency shall comply with any written request of the board under new text end 149.33 new text begin this subdivision and is not liable in any action for damages for releasing the data requested new text end 149.34 new text begin by the board if the data are released pursuant to a written request under this subdivision, new text end 149.35 new text begin unless the information is false and the provider giving the information knew, or had reason new text end 150.1 new text begin to believe, the information was false. Information obtained under this subdivision is new text end 150.2 new text begin classified as private under sections 13.01 to 13.87. new text end 150.3     new text begin Subd. 11. new text end new text begin Tax clearance certificate. new text end new text begin (a) In addition to the provisions of subdivision new text end 150.4 new text begin 1, the board may not issue or renew a license or registration if the commissioner of new text end 150.5 new text begin revenue notifies the board and the licensee or applicant for a license that the licensee or new text end 150.6 new text begin applicant owes the state delinquent taxes in the amount of $500 or more. The board may new text end 150.7 new text begin issue or renew the license or registration only if (1) the commissioner of revenue issues a new text end 150.8 new text begin tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or new text end 150.9 new text begin applicant forwards a copy of the clearance to the board. The commissioner of revenue new text end 150.10 new text begin may issue a clearance certificate only if the licensee, registrant, or applicant does not owe new text end 150.11 new text begin the state any uncontested delinquent taxes. new text end 150.12 new text begin (b) For purposes of this subdivision, the following terms have the meanings given. new text end 150.13 new text begin (1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties new text end 150.14 new text begin and interest due on those taxes. new text end 150.15 new text begin (2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court new text end 150.16 new text begin action that contests the amount or validity of the liability has been filed or served, (ii) the new text end 150.17 new text begin appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant new text end 150.18 new text begin has entered into a payment agreement to pay the liability and is current with the payments. new text end 150.19 new text begin (c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, new text end 150.20 new text begin registrant, or applicant is required to obtain a clearance certificate under this subdivision, new text end 150.21 new text begin a contested case hearing must be held if the licensee or applicant requests a hearing in new text end 150.22 new text begin writing to the commissioner of revenue within 30 days of the date of the notice provided new text end 150.23 new text begin in paragraph (a). The hearing must be held within 45 days of the date the commissioner of new text end 150.24 new text begin revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law new text end 150.25 new text begin to the contrary, the licensee or applicant must be served with 20 days' notice in writing new text end 150.26 new text begin specifying the time and place of the hearing and the allegations against the licensee or new text end 150.27 new text begin applicant. The notice may be served personally or by mail. new text end 150.28 new text begin (d) A licensee or applicant must provide the licensee's or applicant's Social Security new text end 150.29 new text begin number and Minnesota business identification number on all license applications. Upon new text end 150.30 new text begin request of the commissioner of revenue, the board must provide to the commissioner of new text end 150.31 new text begin revenue a list of all licensees and applicants that includes the licensee's or applicant's new text end 150.32 new text begin name, address, Social Security number, and business identification number. The new text end 150.33 new text begin commissioner of revenue may request a list of the licensees and applicants no more than new text end 150.34 new text begin once each calendar year. new text end 150.35     new text begin Subd. 12. new text end new text begin Limitation. new text end new text begin No board proceeding against a regulated person or facility new text end 150.36 new text begin shall be instituted unless commenced within seven years from the date of the commission new text end 151.1 new text begin of some portion of the offense or misconduct complained of except for alleged violations new text end 151.2 new text begin of subdivision 2, clause (21). new text end 151.3    Sec. 4. new text begin [151.072] REPORTING OBLIGATIONS. new text end 151.4     new text begin Subdivision 1. new text end new text begin Permission to report. new text end new text begin A person who has knowledge of any conduct new text end 151.5 new text begin constituting grounds for discipline under the provisions of this chapter or the rules of the new text end 151.6 new text begin board may report the violation to the board. new text end 151.7     new text begin Subd. 2. new text end new text begin Pharmacies. new text end new text begin A pharmacy located in this state must report to the board any new text end 151.8 new text begin discipline that is related to an incident involving conduct that would constitute grounds new text end 151.9 new text begin for discipline under the provisions of this chapter or the rules of the board, that is taken new text end 151.10 new text begin by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or new text end 151.11 new text begin pharmacy technician, including the termination of employment of the individual or the new text end 151.12 new text begin revocation, suspension, restriction, limitation, or conditioning of an individual's ability new text end 151.13 new text begin to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the new text end 151.14 new text begin resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of new text end 151.15 new text begin any disciplinary proceeding, or prior to the commencement of formal charges but after the new text end 151.16 new text begin individual had knowledge that formal charges were contemplated or in preparation. Each new text end 151.17 new text begin report made under this subdivision must state the nature of the action taken and state in new text end 151.18 new text begin detail the reasons for the action. Failure to report violations as required by this subdivision new text end 151.19 new text begin is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8). new text end 151.20     new text begin Subd. 3. new text end new text begin Licensees and registrants of the board. new text end new text begin A licensee or registrant of new text end 151.21 new text begin the board shall report to the board personal knowledge of any conduct that the person new text end 151.22 new text begin reasonably believes constitutes grounds for disciplinary action under this chapter or new text end 151.23 new text begin the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or new text end 151.24 new text begin controlled substance researcher, including any conduct indicating that the person may be new text end 151.25 new text begin professionally incompetent, or may have engaged in unprofessional conduct or may be new text end 151.26 new text begin medically or physically unable to engage safely in the practice of pharmacy or to carry new text end 151.27 new text begin out the duties permitted to the person by this chapter or the rules of the board. Failure new text end 151.28 new text begin to report violations as required by this subdivision is a basis for discipline pursuant to new text end 151.29 new text begin section 151.071, subdivision 2, clause (20). new text end 151.30     new text begin Subd. 4. new text end new text begin Self-reporting. new text end new text begin A licensee or registrant of the board shall report to the new text end 151.31 new text begin board any personal action that would require that a report be filed with the board pursuant new text end 151.32 new text begin to subdivision 2. new text end 151.33     new text begin Subd. 5. new text end new text begin Deadlines; forms. new text end new text begin Reports required by subdivisions 2 to 4 must be new text end 151.34 new text begin submitted not later than 30 days after the occurrence of the reportable event or transaction. new text end 151.35 new text begin The board may provide forms for the submission of reports required by this section, may new text end 152.1 new text begin require that reports be submitted on the forms provided, and may adopt rules necessary new text end 152.2 new text begin to assure prompt and accurate reporting. new text end 152.3     new text begin Subd. 6. new text end new text begin Subpoenas. new text end new text begin The board may issue subpoenas for the production of any new text end 152.4 new text begin reports required by subdivisions 2 to 4 or any related documents. new text end 152.5    Sec. 5. new text begin [151.073] IMMUNITY. new text end 152.6     new text begin Subdivision 1. new text end new text begin Reporting. new text end new text begin Any person, health care facility, business, or organization new text end 152.7 new text begin is immune from civil liability or criminal prosecution for submitting in good faith a report new text end 152.8 new text begin to the board under section 151.072 or for otherwise reporting in good faith to the board new text end 152.9 new text begin violations or alleged violations of this chapter or the rules of the board. All such reports new text end 152.10 new text begin are investigative data as defined in chapter 13. new text end 152.11     new text begin Subd. 2. new text end new text begin Investigation. new text end new text begin (a) Members of the board and persons employed by the board new text end 152.12 new text begin or engaged on behalf of the board in the investigation of violations and in the preparation new text end 152.13 new text begin and management of charges or violations of this chapter of the rules of the board, or persons new text end 152.14 new text begin participating in the investigation or testifying regarding charges of violations, are immune new text end 152.15 new text begin from civil liability and criminal prosecution for any actions, transactions, or publications new text end 152.16 new text begin in the execution of, or relating to, their duties under this chapter or the rules of the board. new text end 152.17 new text begin (b) Members of the board and persons employed by the board or engaged in new text end 152.18 new text begin maintaining records and making reports regarding adverse health care events are immune new text end 152.19 new text begin from civil liability and criminal prosecution for any actions, transactions, or publications new text end 152.20 new text begin in the execution of, or relating to, their duties under section 151.301. new text end 152.21    Sec. 6. new text begin [151.074] LICENSEE OR REGISTRANT COOPERATION. new text end 152.22 new text begin An individual who is licensed or registered by the board, who is the subject of an new text end 152.23 new text begin investigation by or on behalf of the board, shall cooperate fully with the investigation. new text end 152.24 new text begin An owner or employee of a facility that is licensed or registered by the board, when the new text end 152.25 new text begin facility is the subject of an investigation by or on behalf of the board, shall cooperate new text end 152.26 new text begin fully with the investigation. Cooperation includes responding fully and promptly to any new text end 152.27 new text begin question raised by, or on behalf of, the board relating to the subject of the investigation and new text end 152.28 new text begin providing copies of patient pharmacy records and other relevant records, as reasonably new text end 152.29 new text begin requested by the board, to assist the board in its investigation. The board shall maintain new text end 152.30 new text begin any records obtained pursuant to this section as investigative data pursuant to chapter 13. new text end 152.31    Sec. 7. new text begin [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW. new text end 153.1 new text begin Upon judicial review of any board disciplinary action taken under this chapter, the new text end 153.2 new text begin reviewing court shall seal the administrative record, except for the board's final decision, new text end 153.3 new text begin and shall not make the administrative record available to the public. new text end 153.4    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read: 153.5151.211 RECORDS OF PRESCRIPTIONS. 153.6     new text begin Subdivision 1. new text end new text begin Retention of prescription drug orders. new text end All prescriptions dispensed 153.7 new text begin prescription drug orders new text end shall be kept on file at the location in new text begin from new text end which such dispensing 153.8occurred new text begin of the ordered drug occurs new text end for a period of at least two years. new text begin Prescription drug new text end 153.9 new text begin orders that are electronically prescribed must be kept on file in the format in which new text end 153.10 new text begin they were originally received. Written or printed prescription drug orders and verbal new text end 153.11 new text begin prescription drug orders reduced to writing, must be kept on file as received or transcribed, new text end 153.12 new text begin except that such orders may be kept in an electronic format as allowed by the board. new text end 153.13 new text begin Electronic systems used to process and store prescription drug orders must be compliant new text end 153.14 new text begin with the requirements of this chapter and the rules of the board. Prescription drug orders new text end 153.15 new text begin that are stored in an electronic format, as permitted by this subdivision, may be kept on new text end 153.16 new text begin file at a remote location provided that they are readily and securely accessible from the new text end 153.17 new text begin location at which dispensing of the ordered drug occurred. new text end 153.18     new text begin Subd. 2. new text end new text begin Refill requirements. new text end No new text begin A new text end prescription shall new text begin drug order may new text end be refilled 153.19except new text begin only new text end with the written new text begin , electronic, new text end or verbal consent of the prescriber new text begin and in new text end 153.20 new text begin accordance with the requirements of this chapter, the rules of the board, and where new text end 153.21 new text begin applicable, section 152.11 new text end . The date of such refill must be recorded and initialed upon 153.22the original prescription new text begin drug order, new text end or within the electronically maintained record of the 153.23original prescription new text begin drug order, new text end by the pharmacist, pharmacist intern, or practitioner 153.24who refills the prescription. 153.25    Sec. 9. new text begin [151.251] COMPOUNDING. new text end 153.26     new text begin Subdivision 1. new text end new text begin Exemption from manufacturing licensure requirement. new text end new text begin Section new text end 153.27 new text begin 151.252 shall not apply to: new text end 153.28 new text begin (1) a practitioner engaged in extemporaneous compounding, anticipatory new text end 153.29 new text begin compounding, or compounding not done pursuant to a prescription drug order when new text end 153.30 new text begin permitted by this chapter or the rules of the board; and new text end 153.31 new text begin (2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, new text end 153.32 new text begin anticipatory compounding, or compounding not done pursuant to a prescription drug order new text end 153.33 new text begin when permitted by this chapter or the rules of the board. new text end 154.1     new text begin Subd. 2. new text end new text begin Compounded drug. new text end new text begin A drug product may be compounded under this new text end 154.2 new text begin section if a pharmacist or practitioner: new text end 154.3 new text begin (a) compounds the drug product using bulk drug substances, as defined in the federal new text end 154.4 new text begin regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4): new text end 154.5 new text begin (1) that: new text end 154.6 new text begin (i) comply with the standards of an applicable United States Pharmacopoeia new text end 154.7 new text begin or National Formulary monograph, if a monograph exists, and the United States new text end 154.8 new text begin Pharmacopoeia chapter on pharmacy compounding; new text end 154.9 new text begin (ii) if such a monograph does not exist, are drug substances that are components of new text end 154.10 new text begin drugs approved for use in this country by the United States Food and Drug Administration; new text end 154.11 new text begin or new text end 154.12 new text begin (iii) if such a monograph does not exist and the drug substance is not a component of new text end 154.13 new text begin a drug approved for use in this country by the United States Food and Drug Administration, new text end 154.14 new text begin that appear on a list developed by the United States Food and Drug Administration through new text end 154.15 new text begin regulations issued by the secretary of the federal Department of Health and Human new text end 154.16 new text begin Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d); new text end 154.17 new text begin (2) that are manufactured by an establishment that is registered under section 360 new text end 154.18 new text begin of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is new text end 154.19 new text begin registered under section 360(i) of that act; and new text end 154.20 new text begin (3) that are accompanied by valid certificates of analysis for each bulk drug substance; new text end 154.21 new text begin (b) compounds the drug product using ingredients, other than bulk drug substances, new text end 154.22 new text begin that comply with the standards of an applicable United States Pharmacopoeia or National new text end 154.23 new text begin Formulary monograph, if a monograph exists, and the United States Pharmacopoeia new text end 154.24 new text begin chapters on pharmacy compounding; new text end 154.25 new text begin (c) does not compound a drug product that appears on a list published by the secretary new text end 154.26 new text begin of the federal Department of Health and Human Services in the Federal Register of drug new text end 154.27 new text begin products that have been withdrawn or removed from the market because such drug products new text end 154.28 new text begin or components of such drug products have been found to be unsafe or not effective; new text end 154.29 new text begin (d) does not compound any drug products that are essentially copies of a new text end 154.30 new text begin commercially available drug product; and new text end 154.31 new text begin (e) does not compound any drug product that has been identified pursuant to new text end 154.32 new text begin United States Code, title 21, section 353a, as a drug product that presents demonstrable new text end 154.33 new text begin difficulties for compounding that reasonably demonstrate an adverse effect on the safety new text end 154.34 new text begin or effectiveness of that drug product. new text end 154.35 new text begin The term "essentially a copy of a commercially available drug product" does not new text end 154.36 new text begin include a drug product in which there is a change, made for an identified individual new text end 155.1 new text begin patient, that produces for that patient a significant difference, as determined by the new text end 155.2 new text begin prescribing practitioner, between the compounded drug and the comparable commercially new text end 155.3 new text begin available drug product. new text end 155.4     new text begin Subd. 3. new text end new text begin Exceptions. new text end new text begin This section shall not apply to: new text end 155.5 new text begin (1) compounded positron emission tomography drugs as defined in section 151.01, new text end 155.6 new text begin subdivision 38; or new text end 155.7 new text begin (2) radiopharmaceuticals. new text end 155.8    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding 155.9a subdivision to read: 155.10     new text begin Subd. 1a. new text end new text begin Outsourcing facility. new text end new text begin (a) No person shall act as an outsourcing facility new text end 155.11 new text begin without first obtaining a license from the board and paying any applicable manufacturer new text end 155.12 new text begin licensing fee specified in section 151.065. new text end 155.13 new text begin (b) Application for an outsourcing facility license under this section shall be made new text end 155.14 new text begin in a manner specified by the board and may differ from the application required of other new text end 155.15 new text begin drug manufacturers. new text end 155.16 new text begin (c) No license shall be issued or renewed for an outsourcing facility unless the new text end 155.17 new text begin applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and new text end 155.18 new text begin state law and according to Minnesota Rules. new text end 155.19 new text begin (d) No license shall be issued or renewed for an outsourcing facility unless the new text end 155.20 new text begin applicant supplies the board with proof of such registration by the United States Food and new text end 155.21 new text begin Drug Administration as required by United States Code, title 21, section 353b. new text end 155.22 new text begin (e) No license shall be issued or renewed for an outsourcing facility that is required new text end 155.23 new text begin to be licensed or registered by the state in which it is physically located unless the new text end 155.24 new text begin applicant supplies the board with proof of such licensure or registration. The board may new text end 155.25 new text begin establish, by rule, standards for the licensure of an outsourcing facility that is not required new text end 155.26 new text begin to be licensed or registered by the state in which it is physically located. new text end 155.27 new text begin (f) The board shall require a separate license for each outsourcing facility located new text end 155.28 new text begin within the state and for each outsourcing facility located outside of the state at which drugs new text end 155.29 new text begin that are shipped into the state are prepared. new text end 155.30 new text begin (g) The board shall not issue an initial or renewed license for an outsourcing facility new text end 155.31 new text begin unless the facility passes an inspection conducted by an authorized representative of the new text end 155.32 new text begin board. In the case of an outsourcing facility located outside of the state, the board may new text end 155.33 new text begin require the applicant to pay the cost of the inspection, in addition to the license fee in new text end 155.34 new text begin section 151.065, unless the applicant furnishes the board with a report, issued by the new text end 155.35 new text begin appropriate regulatory agency of the state in which the facility is located or by the United new text end 156.1 new text begin States Food and Drug Administration, of an inspection that has occurred within the 24 new text end 156.2 new text begin months immediately preceding receipt of the license application by the board. The board new text end 156.3 new text begin may deny licensure unless the applicant submits documentation satisfactory to the board new text end 156.4 new text begin that any deficiencies noted in an inspection report have been corrected. new text end 156.5    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read: 156.6151.26 EXCEPTIONS. 156.7    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly 156.8licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 156.9by the State Board of Pharmacy, nor prevent the person from administering drugs, 156.10medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 156.11practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 156.12chemicals, or poisons as may be considered appropriate in the treatment of such patient; 156.13unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 156.14provides reasonable notice of an inspection. 156.15Except for the provisions of section 151.37, nothing in this chapter applies to or 156.16interferes with the dispensing, in its original package and at no charge to the patient, of 156.17a legend drug, other than a controlled substance, that was packaged by a manufacturer 156.18and provided to the dispenser for distribution new text begin dispensing new text end as a professional sample new text begin , so new text end 156.19 new text begin long as the sample is prepared and distributed pursuant to Code of Federal Regulations, new text end 156.20 new text begin title 21, section 203, subpart D new text end . 156.21Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 156.22poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 156.23practice, nor to hospitals for use therein. 156.24Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 156.25at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 156.26sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 156.27this chapter shall prevent the sale of common household preparations and other drugs, 156.28chemicals, and poisons sold exclusively for use for nonmedicinal purposes. new text begin ; provided new text end 156.29 new text begin that this exception does not apply to any compound, substance, or derivative that is not new text end 156.30 new text begin approved for human consumption by the United States Food and Drug Administration new text end 156.31 new text begin or specifically permitted for human consumption under Minnesota law and, when new text end 156.32 new text begin introduced into the body, induces an effect similar to that of a Schedule I or Schedule II new text end 156.33 new text begin controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, new text end 156.34 new text begin parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the new text end 156.35 new text begin purpose of human consumption. new text end 157.1Nothing in this chapter shall apply to or interfere with the vending or retailing of 157.2any nonprescription medicine or drug not otherwise prohibited by statute which new text begin that new text end is 157.3prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 157.4labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 157.5to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 157.6cosmetics, perfumes, spices, and other commonly used household articles of a chemical 157.7nature, for use for nonmedicinal purposes. new text begin ; provided that this exception does not apply new text end 157.8 new text begin to any compound, substance, or derivative that is not approved for human consumption new text end 157.9 new text begin by the United States Food and Drug Administration or specifically permitted for human new text end 157.10 new text begin consumption under Minnesota law that, when introduced into the body, induces an effect new text end 157.11 new text begin similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, new text end 157.12 new text begin subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of new text end 157.13 new text begin whether the substance is marketed for the purpose of human consumption. new text end Nothing in 157.14this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 157.15discount to persons over 65 years of age. 157.16    Sec. 12. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read: 157.17    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form 157.18may be manufactured, packaged or distributed for sale in this state after January 1, 1983 157.19unless it is clearly marked or imprinted with a symbol, number, company name, words, 157.20letters, national drug code or other mark uniquely identifiable to that drug product. An 157.21identifying mark or imprint made as required by federal law or by the federal Food and 157.22Drug Administration shall be deemed to be in compliance with this section. 157.23(b) The Board of Pharmacy may grant exemptions from the requirements of this 157.24section on its own initiative or upon application of a manufacturer, packager, or distributor 157.25indicating size or other characteristics which new text begin that new text end render the product impractical for the 157.26imprinting required by this section. 157.27(c) The provisions of clauses (a) and (b) shall not apply to any of the following: 157.28(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 157.29January 1, 1983, and held in stock for resale. 157.30(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 157.31law to prescribe or administer drugs and which are to be used solely by the patient for 157.32whom prescribed. 158.1    Sec. 13. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 158.243, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 158.310, section 5, is amended to read: 158.4151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS. 158.5    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be 158.6unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 158.7distribute a legend drug. 158.8    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of 158.9professional practice only, may prescribe, administer, and dispense a legend drug, and 158.10may cause the same to be administered by a nurse, a physician assistant, or medical 158.11student or resident under the practitioner's direction and supervision, and may cause a 158.12person who is an appropriately certified, registered, or licensed health care professional 158.13to prescribe, dispense, and administer the same within the expressed legal scope of the 158.14person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 158.15legend drug, without reference to a specific patient, by directing a licensed dietitian or 158.16licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 158.17subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 158.18according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 158.19protocol when treating patients whose condition falls within such guideline or protocol, 158.20and when such guideline or protocol specifies the circumstances under which the legend 158.21drug is to be prescribed and administered. An individual who verbally, electronically, or 158.22otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 158.23not be deemed to have prescribed the legend drug. This paragraph applies to a physician 158.24assistant only if the physician assistant meets the requirements of section 147A.18. 158.25(b) The commissioner of health, if a licensed practitioner, or a person designated 158.26by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 158.27individual or by protocol for mass dispensing purposes where the commissioner finds that 158.28the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 158.29The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 158.30prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 158.31to control tuberculosis and other communicable diseases. The commissioner may modify 158.32state drug labeling requirements, and medical screening criteria and documentation, where 158.33time is critical and limited labeling and screening are most likely to ensure legend drugs 158.34reach the maximum number of persons in a timely fashion so as to reduce morbidity 158.35and mortality. 159.1    (c) A licensed practitioner that dispenses for profit a legend drug that is to be 159.2administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 159.3file with the practitioner's licensing board a statement indicating that the practitioner 159.4dispenses legend drugs for profit, the general circumstances under which the practitioner 159.5dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 159.6dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 159.7with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 159.8any amount received by the practitioner in excess of the acquisition cost of a legend drug 159.9for legend drugs that are purchased in prepackaged form, or (2) any amount received 159.10by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 159.11making the drug available if the legend drug requires compounding, packaging, or other 159.12treatment. The statement filed under this paragraph is public data under section 13.03. 159.13This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 159.14pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 159.15dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 159.16To dispense for profit does not include dispensing by a community health clinic when the 159.17profit from dispensing is used to meet operating expenses. 159.18    (d) A prescription or drug order for the following drugs is not valid, unless it can 159.19be established that the prescription or new text begin drug new text end order was based on a documented patient 159.20evaluation, including an examination, adequate to establish a diagnosis and identify 159.21underlying conditions and contraindications to treatment: 159.22    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5; 159.23    (2) drugs defined by the Board of Pharmacy as controlled substances under section 159.24152.02, subdivisions 7 , 8, and 12; 159.25    (3) muscle relaxants; 159.26    (4) centrally acting analgesics with opioid activity; 159.27    (5) drugs containing butalbital; or 159.28    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction. 159.29    (e) For the purposes of paragraph (d), the requirement for an examination shall be 159.30met if an in-person examination has been completed in any of the following circumstances: 159.31    (1) the prescribing practitioner examines the patient at the time the prescription 159.32or drug order is issued; 159.33    (2) the prescribing practitioner has performed a prior examination of the patient; 159.34    (3) another prescribing practitioner practicing within the same group or clinic as the 159.35prescribing practitioner has examined the patient; 160.1    (4) a consulting practitioner to whom the prescribing practitioner has referred the 160.2patient has examined the patient; or 160.3    (5) the referring practitioner has performed an examination in the case of a 160.4consultant practitioner issuing a prescription or drug order when providing services by 160.5means of telemedicine. 160.6    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 160.7a drug through the use of a guideline or protocol pursuant to paragraph (a). 160.8    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a 160.9prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 160.10in the Management of Sexually Transmitted Diseases guidance document issued by the 160.11United States Centers for Disease Control. 160.12    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 160.13of legend drugs through a public health clinic or other distribution mechanism approved 160.14by the commissioner of health or a board of health in order to prevent, mitigate, or treat 160.15a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 160.16biological, chemical, or radiological agent. 160.17    (i) No pharmacist employed by, under contract to, or working for a pharmacy 160.18licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 160.19prescription that the pharmacist knows, or would reasonably be expected to know, is not 160.20valid under paragraph (d). 160.21    (j) No pharmacist employed by, under contract to, or working for a pharmacy 160.22licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 160.23of this state based on a prescription that the pharmacist knows, or would reasonably be 160.24expected to know, is not valid under paragraph (d). 160.25(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 160.26practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 160.27a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 160.28treatment of a communicable disease according to the Centers For Disease Control and 160.29Prevention Partner Services Guidelines. 160.30    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant 160.31who is registered with the Board of Medical Practice and certified by the National 160.32Commission on Certification of Physician Assistants and who is under the supervising 160.33physician's supervision, the authority to prescribe, dispense, and administer legend drugs 160.34and medical devices, subject to the requirements in chapter 147A and other requirements 160.35established by the Board of Medical Practice in rules. 161.1    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of 161.2professional practice only and not for use by a human being, may personally prescribe, 161.3administer, and dispense a legend drug, and may cause the same to be administered or 161.4dispensed by an assistant under the doctor's direction and supervision. 161.5    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course 161.6of a bona fide research project, but cannot administer or dispense such drugs to human 161.7beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 161.8authorized to do so. 161.9    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 161.10use by, or administration to, patients enrolled in a bona fide research study that is being 161.11conducted pursuant to either an investigational new drug application approved by the 161.12United States Food and Drug Administration or that has been approved by an institutional 161.13review board. For the purposes of this subdivision only: 161.14    (1) a prescription drug order is not required for a pharmacy to dispense a research 161.15drug, unless the study protocol requires the pharmacy to receive such an order; 161.16    (2) notwithstanding the prescription labeling requirements found in this chapter or 161.17the rules promulgated by the board, a research drug may be labeled as required by the 161.18study protocol; and 161.19    (3) dispensing and distribution of research drugs by pharmacies shall not be 161.20considered compounding, manufacturing, or wholesaling under this chapter. new text begin ; and new text end 161.21 new text begin (4) a pharmacy may compound drugs for research studies as provided in new text end 161.22 new text begin this subdivision but must follow applicable standards established by United States new text end 161.23 new text begin Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively. new text end 161.24    (c) An entity that is under contract to a federal agency for the purpose of distributing 161.25drugs for bona fide research studies is exempt from the drug wholesaler licensing 161.26requirements of this chapter. Any other entity is exempt from the drug wholesaler 161.27licensing requirements of this chapter if the board finds that the entity is licensed or 161.28registered according to the laws of the state in which it is physically located and it is 161.29distributing drugs for use by, or administration to, patients enrolled in a bona fide research 161.30study that is being conducted pursuant to either an investigational new drug application 161.31approved by the United States Food and Drug Administration or that has been approved 161.32by an institutional review board. 161.33    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit 161.34the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 161.35manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 162.1bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 162.2practitioners while acting within the course of their practice only. 162.3    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall 162.4prohibit the possession of a legend drug by an employee, agent, or sales representative of 162.5a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 162.6or registered pharmacy, while acting in the course of employment. 162.7(b) Nothing in this chapter shall prohibit the following entities from possessing a 162.8legend drug for the purpose of disposing of the legend drug as pharmaceutical waste: 162.9(1) a law enforcement officer; 162.10(2) a hazardous waste transporter licensed by the Department of Transportation; 162.11(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 162.12hazardous waste, including household hazardous waste; 162.13(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 162.14very small quantity generator collection program or a minimal generator; 162.15(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 162.16a program in compliance with applicable federal law or a person authorized by the county 162.17to conduct one or more of these activities; or 162.18(6) a sanitary district organized under chapter 115, or a special law. 162.19    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 162.20possession of a legend drug by a person for that person's use when it has been dispensed to 162.21the person in accordance with a valid prescription issued by a practitioner. 162.22(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 162.23been dispensed in accordance with a written or oral prescription by a practitioner, from 162.24designating a family member, caregiver, or other individual to handle the legend drug for 162.25the purpose of assisting the person in obtaining or administering the drug or sending 162.26the drug for destruction. 162.27(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 162.28been dispensed in accordance with a valid prescription issued by a practitioner from 162.29transferring the legend drug to a county that collects, stores, transports, or disposes of a 162.30legend drug pursuant to a program in compliance with applicable federal law or to a 162.31person authorized by the county to conduct one or more of these activities. 162.32    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to 162.33procure, possess, or control a legend drug by any of the following means: 162.34(1) deceit, misrepresentation, or subterfuge; 162.35(2) using a false name; or 163.1(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 163.2wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 163.3obtaining a legend drug. 163.4    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter 163.5shall prohibit the possession of a legend drug by an employee or agent of a registered 163.6analytical laboratory while acting in the course of laboratory employment. 163.7    Subd. 10. Purchase of drugs and other agents by commissioner of health. The 163.8commissioner of health, in preparation for and in carrying out the duties of sections 163.9144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 163.10drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 163.11antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 163.12communicable disease. 163.13     new text begin Subd. 10a. new text end new text begin Emergency use authorizations. new text end new text begin Nothing in this chapter shall prohibit new text end 163.14 new text begin the purchase, possession, or use of a legend drug by an entity acting according to an new text end 163.15 new text begin emergency use authorization issued by the United States Food and Drug Administration new text end 163.16 new text begin pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically new text end 163.17 new text begin tasked in a public health response plan to perform critical functions necessary to support new text end 163.18 new text begin the response to a public health incident or event. new text end 163.19    Subd. 11. Complaint reporting new text begin Exclusion for health care educational programs new text end . 163.20The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 163.21complaints received regarding the prescription or administration of legend drugs under 163.22section . new text begin Nothing in this section shall prohibit an accredited public or private new text end 163.23 new text begin postsecondary school from possessing a legend drug that is not a controlled substance new text end 163.24 new text begin listed in section 152.02, provided that: new text end 163.25 new text begin (a) the school is approved by the United States secretary of education in accordance new text end 163.26 new text begin with requirements of the Higher Education Act of 1965, as amended; new text end 163.27 new text begin (b) the school provides a course of instruction that prepares individuals for new text end 163.28 new text begin employment in a health care occupation or profession; new text end 163.29 new text begin (c) the school may only possess those drugs necessary for the instruction of such new text end 163.30 new text begin individuals; and new text end 163.31 new text begin (d) the drugs may only be used in the course of providing such instruction and are new text end 163.32 new text begin labeled by the purchaser to indicate that they are not to be administered to patients. new text end 163.33 new text begin Those areas of the school in which legend drugs are stored are subject to section new text end 163.34 new text begin 151.06, subdivision 1, paragraph (a), clause (4). new text end 164.1    Sec. 14. Minnesota Statutes 2012, section 151.44, is amended to read: 164.2151.44 DEFINITIONS. 164.3As used in sections 151.43 to 151.51, the following terms have the meanings given 164.4in paragraphs (a) to (h): 164.5(a) "Wholesale drug distribution" means distribution of prescription or 164.6nonprescription drugs to persons other than a consumer or patient or reverse distribution 164.7of such drugs, but does not include: 164.8(1) a sale between a division, subsidiary, parent, affiliated, or related company under 164.9the common ownership and control of a corporate entity; 164.10(2) the purchase or other acquisition, by a hospital or other health care entity that is a 164.11member of a group purchasing organization, of a drug for its own use from the organization 164.12or from other hospitals or health care entities that are members of such organizations; 164.13(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 164.14drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 164.15Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 164.16organization to the extent otherwise permitted by law; 164.17(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 164.18among hospitals or other health care entities that are under common control; 164.19(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 164.20for emergency medical reasons; 164.21(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 164.22the dispensing of a drug pursuant to a prescription; 164.23(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 164.24another retail pharmacy to alleviate a temporary shortage; 164.25(8) the distribution of prescription or nonprescription drug samples by manufacturers 164.26representatives; or 164.27(9) the sale, purchase, or trade of blood and blood components. 164.28(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 164.29distribution including, but not limited to, manufacturers; repackers new text begin repackagers new text end ; own-label 164.30distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 164.31warehouses, chain drug warehouses, and wholesale drug warehouses; independent 164.32wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 164.33wholesale drug distributor does not include a common carrier or individual hired primarily 164.34to transport prescription or nonprescription drugs. 165.1(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 165.2propagating, compounding, processing, packaging, repackaging, or labeling of a 165.3prescription drug new text begin has the meaning provided in section 151.01, subdivision 14b new text end . 165.4(d) "Prescription drug" means a drug required by federal or state law or regulation 165.5to be dispensed only by a prescription, including finished dosage forms and active 165.6ingredients subject to United States Code, title 21, sections 811 and 812. 165.7(e) "Blood" means whole blood collected from a single donor and processed either 165.8for transfusion or further manufacturing. 165.9(f) "Blood components" means that part of blood separated by physical or 165.10mechanical means. 165.11(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 165.12received from or shipped to Minnesota locations for the purpose of returning the drugs 165.13to their producers or distributors. 165.14(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs. 165.15    Sec. 15. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read: 165.16    Subd. 2. Definitions. For purposes of this section only, the terms defined in this 165.17subdivision have the meanings given. 165.18(a) "Automated drug distribution system" or "system" means a mechanical system 165.19approved by the board that performs operations or activities, other than compounding or 165.20administration, related to the storage, packaging, or dispensing of drugs, and collects, 165.21controls, and maintains all required transaction information and records. 165.22(b) "Health care facility" means a nursing home licensed under section 144A.02; 165.23a housing with services establishment registered under section 144D.01, subdivision 4, 165.24in which a home provider licensed under chapter 144A is providing centralized storage 165.25of medications; or a community behavioral health hospital or Minnesota sex offender 165.26program facility operated by the Department of Human Services. 165.27(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 165.28is responsible for the operation of an automated drug distribution system. 165.29    Sec. 16. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read: 165.30    Subd. 3. Authorization. A pharmacy may use an automated drug distribution 165.31system to fill prescription drug orders for patients of a health care facility new text begin provided that the new text end 165.32 new text begin policies and procedures required by this section have been approved by the board new text end . The 165.33automated drug distribution system may be located in a health care facility that is not at 166.1the same location as the managing pharmacy. When located within a health care facility, 166.2the system is considered to be an extension of the managing pharmacy. 166.3    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read: 166.4    Subd. 5. Operation of automated drug distribution systems. (a) The managing 166.5pharmacy and the pharmacist in charge are responsible for the operation of an automated 166.6drug distribution system. 166.7(b) Access to an automated drug distribution system must be limited to pharmacy 166.8and nonpharmacy personnel authorized to procure drugs from the system, except that field 166.9service technicians may access a system located in a health care facility for the purposes of 166.10servicing and maintaining it while being monitored either by the managing pharmacy, or a 166.11licensed nurse within the health care facility. In the case of an automated drug distribution 166.12system that is not physically located within a licensed pharmacy, access for the purpose 166.13of procuring drugs shall be limited to licensed nurses. Each person authorized to access 166.14the system must be assigned an individual specific access code. Alternatively, access to 166.15the system may be controlled through the use of biometric identification procedures. A 166.16policy specifying time access parameters, including time-outs, logoffs, and lockouts, 166.17must be in place. 166.18(c) For the purposes of this section only, the requirements of section 151.215 are met 166.19if the following clauses are met: 166.20(1) a pharmacist employed by and working at the managing pharmacy new text begin , or at a new text end 166.21 new text begin pharmacy that is acting as a central services pharmacy for the managing pharmacy, new text end 166.22 new text begin pursuant to Minnesota Rules, part 6800.4075, new text end must review, interpret, and approve all 166.23prescription drug orders before any drug is distributed from the system to be administered 166.24to a patient. A pharmacy technician may perform data entry of prescription drug orders 166.25provided that a pharmacist certifies the accuracy of the data entry before the drug can 166.26be released from the automated drug distribution system. A pharmacist new text begin employed by new text end 166.27 new text begin and working at the managing pharmacy new text end must certify the accuracy of the filling of any 166.28cassettes, canisters, or other containers that contain drugs that will be loaded into the 166.29automated drug distribution system; and 166.30(2) when the automated drug dispensing system is located and used within the 166.31managing pharmacy, a pharmacist must personally supervise and take responsibility for all 166.32packaging and labeling associated with the use of an automated drug distribution system. 166.33(d) Access to drugs when a pharmacist has not reviewed and approved the 166.34prescription drug order is permitted only when a formal and written decision to allow such 166.35access is issued by the pharmacy and the therapeutics committee or its equivalent. The 167.1committee must specify the patient care circumstances in which such access is allowed, 167.2the drugs that can be accessed, and the staff that are allowed to access the drugs. 167.3(e) In the case of an automated drug distribution system that does not utilize bar 167.4coding in the loading process, the loading of a system located in a health care facility may 167.5be performed by a pharmacy technician, so long as the activity is continuously supervised, 167.6through a two-way audiovisual system by a pharmacist on duty within the managing 167.7pharmacy. In the case of an automated drug distribution system that utilizes bar coding 167.8in the loading process, the loading of a system located in a health care facility may be 167.9performed by a pharmacy technician or a licensed nurse, provided that the managing 167.10pharmacy retains an electronic record of loading activities. 167.11(f) The automated drug distribution system must be under the supervision of a 167.12pharmacist. The pharmacist is not required to be physically present at the site of the 167.13automated drug distribution system if the system is continuously monitored electronically 167.14by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 167.15board must be continuously available to address any problems detected by the monitoring 167.16or to answer questions from the staff of the health care facility. The licensed pharmacy 167.17may be the managing pharmacy or a pharmacy which is acting as a central services 167.18pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy. 167.19    Sec. 18. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is 167.20amended to read: 167.21    Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this 167.22subdivision. 167.23(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 167.24the following substances, including their analogs, isomers, esters, ethers, salts, and salts 167.25of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 167.26ethers, and salts is possible: 167.27(1) acetylmethadol; 167.28(2) allylprodine; 167.29(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 167.30levomethadyl acetate); 167.31(4) alphameprodine; 167.32(5) alphamethadol; 167.33(6) alpha-methylfentanyl benzethidine; 167.34(7) betacetylmethadol; 167.35(8) betameprodine; 168.1(9) betamethadol; 168.2(10) betaprodine; 168.3(11) clonitazene; 168.4(12) dextromoramide; 168.5(13) diampromide; 168.6(14) diethyliambutene; 168.7(15) difenoxin; 168.8(16) dimenoxadol; 168.9(17) dimepheptanol; 168.10(18) dimethyliambutene; 168.11(19) dioxaphetyl butyrate; 168.12(20) dipipanone; 168.13(21) ethylmethylthiambutene; 168.14(22) etonitazene; 168.15(23) etoxeridine; 168.16(24) furethidine; 168.17(25) hydroxypethidine; 168.18(26) ketobemidone; 168.19(27) levomoramide; 168.20(28) levophenacylmorphan; 168.21(29) 3-methylfentanyl; 168.22(30) acetyl-alpha-methylfentanyl; 168.23(31) alpha-methylthiofentanyl; 168.24(32) benzylfentanyl beta-hydroxyfentanyl; 168.25(33) beta-hydroxy-3-methylfentanyl; 168.26(34) 3-methylthiofentanyl; 168.27(35) thenylfentanyl; 168.28(36) thiofentanyl; 168.29(37) para-fluorofentanyl; 168.30(38) morpheridine; 168.31(39) 1-methyl-4-phenyl-4-propionoxypiperidine; 168.32(40) noracymethadol; 168.33(41) norlevorphanol; 168.34(42) normethadone; 168.35(43) norpipanone; 168.36(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); 169.1(45) phenadoxone; 169.2(46) phenampromide; 169.3(47) phenomorphan; 169.4(48) phenoperidine; 169.5(49) piritramide; 169.6(50) proheptazine; 169.7(51) properidine; 169.8(52) propiram; 169.9(53) racemoramide; 169.10(54) tilidine; 169.11(55) trimeperidine. new text begin ; new text end 169.12 new text begin (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl). new text end 169.13(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 169.14and salts of isomers, unless specifically excepted or unless listed in another schedule, 169.15whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: 169.16(1) acetorphine; 169.17(2) acetyldihydrocodeine; 169.18(3) benzylmorphine; 169.19(4) codeine methylbromide; 169.20(5) codeine-n-oxide; 169.21(6) cyprenorphine; 169.22(7) desomorphine; 169.23(8) dihydromorphine; 169.24(9) drotebanol; 169.25(10) etorphine; 169.26(11) heroin; 169.27(12) hydromorphinol; 169.28(13) methyldesorphine; 169.29(14) methyldihydromorphine; 169.30(15) morphine methylbromide; 169.31(16) morphine methylsulfonate; 169.32(17) morphine-n-oxide; 169.33(18) myrophine; 169.34(19) nicocodeine; 169.35(20) nicomorphine; 169.36(21) normorphine; 170.1(22) pholcodine; 170.2(23) thebacon. 170.3(d) Hallucinogens. Any material, compound, mixture or preparation which contains 170.4any quantity of the following substances, their analogs, salts, isomers (whether optical, 170.5positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 170.6in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 170.7isomers is possible: 170.8(1) methylenedioxy amphetamine; 170.9(2) methylenedioxymethamphetamine; 170.10(3) methylenedioxy-N-ethylamphetamine (MDEA); 170.11(4) n-hydroxy-methylenedioxyamphetamine; 170.12(5) 4-bromo-2,5-dimethoxyamphetamine (DOB); 170.13(6) 2,5-dimethoxyamphetamine (2,5-DMA); 170.14(7) 4-methoxyamphetamine; 170.15(8) 5-methoxy-3, 4-methylenedioxy amphetamine; 170.16(9) alpha-ethyltryptamine; 170.17(10) bufotenine; 170.18(11) diethyltryptamine; 170.19(12) dimethyltryptamine; 170.20(13) 3,4,5-trimethoxy amphetamine; 170.21(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); 170.22(15) ibogaine; 170.23(16) lysergic acid diethylamide (LSD); 170.24(17) mescaline; 170.25(18) parahexyl; 170.26(19) N-ethyl-3-piperidyl benzilate; 170.27(20) N-methyl-3-piperidyl benzilate; 170.28(21) psilocybin; 170.29(22) psilocyn; 170.30(23) tenocyclidine (TPCP or TCP); 170.31(24) N-ethyl-1-phenyl-cyclohexylamine (PCE); 170.32(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); 170.33(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); 170.34(27) 4-chloro-2,5-dimethoxyamphetamine (DOC); 170.35(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); 170.36(29) 4-iodo-2,5-dimethoxyamphetamine (DOI); 171.1(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); 171.2(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); 171.3(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD); 171.4(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); 171.5(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); 171.6(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); 171.7(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); 171.8(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); 171.9(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 171.10(2-CB-FLY); 171.11(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); 171.12(40) alpha-methyltryptamine (AMT); 171.13(41) N,N-diisopropyltryptamine (DiPT); 171.14(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); 171.15(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); 171.16(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); 171.17(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); 171.18(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); 171.19(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); 171.20(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); 171.21(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); 171.22(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 171.23(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); 171.24(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT); 171.25(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); 171.26(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); 171.27(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); 171.28(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT); 171.29(57) methoxetamine (MXE); 171.30(58) 5-iodo-2-aminoindane (5-IAI); 171.31(59) 5,6-methylenedioxy-2-aminoindane (MDAI); 171.32(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 171.33(25I-NBOMe). 171.34(e) Peyote. All parts of the plant presently classified botanically as Lophophora 171.35williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 171.36of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 172.1of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 172.2Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 172.3of the American Indian Church, and members of the American Indian Church are exempt 172.4from registration. Any person who manufactures peyote for or distributes peyote to the 172.5American Indian Church, however, is required to obtain federal registration annually and 172.6to comply with all other requirements of law. 172.7(f) Central nervous system depressants. Unless specifically excepted or unless listed 172.8in another schedule, any material compound, mixture, or preparation which contains any 172.9quantity of the following substances, their analogs, salts, isomers, and salts of isomers 172.10whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: 172.11(1) mecloqualone; 172.12(2) methaqualone; 172.13(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; 172.14(4) flunitrazepam. 172.15(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 172.16material compound, mixture, or preparation which contains any quantity of the following 172.17substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 172.18the analogs, salts, isomers, and salts of isomers is possible: 172.19    (1) aminorex; 172.20(2) cathinone; 172.21(3) fenethylline; 172.22    (4) methcathinone; 172.23(5) methylaminorex; 172.24(6) N,N-dimethylamphetamine; 172.25(7) N-benzylpiperazine (BZP); 172.26(8) methylmethcathinone (mephedrone); 172.27(9) 3,4-methylenedioxy-N-methylcathinone (methylone); 172.28(10) methoxymethcathinone (methedrone); 172.29(11) methylenedioxypyrovalerone (MDPV); 172.30(12) fluoromethcathinone; 172.31(13) methylethcathinone (MEC); 172.32(14) 1-benzofuran-6-ylpropan-2-amine (6-APB); 172.33(15) dimethylmethcathinone (DMMC); 172.34(16) fluoroamphetamine; 172.35(17) fluoromethamphetamine; 172.36(18) α-methylaminobutyrophenone (MABP or buphedrone); 173.1(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone); 173.2(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); 173.3(21) naphthylpyrovalerone (naphyrone); and 173.4 new text begin (22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or new text end 173.5 new text begin alpha-pyrrolidinovalerophenone; new text end 173.6 new text begin (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or new text end 173.7 new text begin MPHP); and new text end 173.8(22) new text begin (24) new text end any other substance, except bupropion or compounds listed under a 173.9different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 173.10at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 173.11the compound is further modified in any of the following ways: 173.12(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 173.13haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 173.14system by one or more other univalent substituents; 173.15(ii) by substitution at the 3-position with an acyclic alkyl substituent; 173.16(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 173.17methoxybenzyl groups; or 173.18(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. 173.19(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 173.20specifically excepted or unless listed in another schedule, any natural or synthetic material, 173.21compound, mixture, or preparation that contains any quantity of the following substances, 173.22their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 173.23whenever the existence of the isomers, esters, ethers, or salts is possible: 173.24(1) marijuana; 173.25(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 173.26synthetic equivalents of the substances contained in the cannabis plant or in the 173.27resinous extractives of the plant, or synthetic substances with similar chemical structure 173.28and pharmacological activity to those substances contained in the plant or resinous 173.29extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 173.30tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol; 173.31(3) synthetic cannabinoids, including the following substances: 173.32(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 173.33structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 173.34alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 173.352-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 174.1extent and whether or not substituted in the naphthyl ring to any extent. Examples of 174.2naphthoylindoles include, but are not limited to: 174.3(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); 174.4(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073); 174.5(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); 174.6(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 174.7(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); 174.8(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); 174.9(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 174.10(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); 174.11(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); 174.12(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). 174.13(ii) Napthylmethylindoles, which are any compounds containing a 174.141H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 174.15of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 174.161-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 174.17substituted in the indole ring to any extent and whether or not substituted in the naphthyl 174.18ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: 174.19(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); 174.20(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184). 174.21(iii) Naphthoylpyrroles, which are any compounds containing a 174.223-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 174.23pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 174.241-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 174.25further substituted in the pyrrole ring to any extent, whether or not substituted in the 174.26naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 174.27(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). 174.28(iv) Naphthylmethylindenes, which are any compounds containing a 174.29naphthylideneindene structure with substitution at the 3-position of the indene 174.30ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 174.311-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 174.32substituted in the indene ring to any extent, whether or not substituted in the naphthyl 174.33ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 174.34E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). 174.35(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 174.36structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 175.1alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 175.22-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 175.3any extent, whether or not substituted in the phenyl ring to any extent. Examples of 175.4phenylacetylindoles include, but are not limited to: 175.5(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); 175.6(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 175.7(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); 175.8(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). 175.9(vi) Cyclohexylphenols, which are compounds containing a 175.102-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 175.11of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 175.121-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 175.13substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 175.14but are not limited to: 175.15(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); 175.16(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 175.17(Cannabicyclohexanol or CP 47,497 C8 homologue); 175.18(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 175.19-phenol (CP 55,940). 175.20(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 175.21structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 175.22alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 175.232-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 175.24any extent and whether or not substituted in the phenyl ring to any extent. Examples of 175.25benzoylindoles include, but are not limited to: 175.26(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); 175.27(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 175.28(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 175.29(WIN 48,098 or Pravadoline). 175.30(viii) Others specifically named: 175.31(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 175.32-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); 175.33(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 175.34-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); 175.35(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 175.36-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); 176.1(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); 176.2(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 176.3(XLR-11); 176.4(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 176.5(AKB-48(APINACA)); 176.6(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 176.7(5-Fluoro-AKB-48); 176.8(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); 176.9(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 176.10PB-22). new text begin ; new text end 176.11 new text begin (J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- new text end 176.12 new text begin 3-carboxamide (AB-PINACA); new text end 176.13 new text begin (K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- new text end 176.14 new text begin 1H-indazole-3-carboxamide (AB-FUBINACA). new text end 176.15(i) A controlled substance analog, to the extent that it is implicitly or explicitly 176.16intended for human consumption. 176.17    Sec. 19. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter 176.18113, article 3, section 3, is amended to read: 176.19152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC 176.20REPORTING SYSTEM new text begin PRESCRIPTION MONITORING PROGRAM new text end . 176.21    Subdivision 1. Definitions. new text begin (a) new text end For purposes of this section, the terms defined in 176.22this subdivision have the meanings given. 176.23    (a) new text begin (b) new text end "Board" means the Minnesota State Board of Pharmacy established under 176.24chapter 151. 176.25    (b) new text begin (c) new text end "Controlled substances" means those substances listed in section 152.02, 176.26subdivisions 3 to 5 new text begin 6 new text end , and those substances defined by the board pursuant to section 176.27152.02, subdivisions 7 , 8, and 12. new text begin For the purposes of this section, controlled substances new text end 176.28 new text begin includes tramadol and butalbital. new text end 176.29    (c) new text begin (d) new text end "Dispense" or "dispensing" has the meaning given in section 151.01, 176.30subdivision 30 . Dispensing does not include the direct administering of a controlled 176.31substance to a patient by a licensed health care professional. 176.32    (d) new text begin (e) new text end "Dispenser" means a person authorized by law to dispense a controlled 176.33substance, pursuant to a valid prescription. For the purposes of this section, a dispenser 176.34does not include a licensed hospital pharmacy that distributes controlled substances for 176.35inpatient hospital care new text begin , a licensed pharmacy, located on the same premises as a residential new text end 177.1 new text begin hospice, when the licensed pharmacy is dispensing controlled substances to be used new text end 177.2 new text begin by an individual who is a resident of the hospice new text end or a veterinarian who is dispensing 177.3prescriptions under section 156.18. 177.4    (e) new text begin (f) new text end "Prescriber" means a licensed health care professional who is authorized to 177.5prescribe a controlled substance under section 152.12, subdivision 1 new text begin or 2 new text end . 177.6    (f) new text begin (g) new text end "Prescription" has the meaning given in section 151.01, subdivision 16. 177.7    Subd. 1a. Treatment of intractable pain. This section is not intended to limit or 177.8interfere with the legitimate prescribing of controlled substances for pain. No prescriber 177.9shall be subject to disciplinary action by a health-related licensing board for prescribing a 177.10controlled substance according to the provisions of section 152.125. 177.11    Subd. 2. Prescription electronic reporting system. (a) The board shall establish 177.12by January 1, 2010, an electronic system for reporting the information required under 177.13subdivision 4 for all controlled substances dispensed within the state. 177.14    (b) The board may contract with a vendor for the purpose of obtaining technical 177.15assistance in the design, implementation, operation, and maintenance of the electronic 177.16reporting system. 177.17    Subd. 3. Prescription Electronic Reporting new text begin Monitoring Program new text end Advisory 177.18Committee new text begin Task Force new text end . (a) The board shall convene new text begin may appoint new text end an advisory committee. 177.19The committee must include new text begin task force consisting of new text end at least one representative of: 177.20    (1) the Department of Health; 177.21    (2) the Department of Human Services; 177.22    (3) each health-related licensing board that licenses prescribers; 177.23    (4) a professional medical association, which may include an association of pain 177.24management and chemical dependency specialists; 177.25    (5) a professional pharmacy association; 177.26    (6) a professional nursing association; 177.27    (7) a professional dental association; 177.28    (8) a consumer privacy or security advocate; and 177.29    (9) a consumer or patient rights organization. new text begin ; and new text end 177.30     new text begin (10) an association of medical examiners and coroners. new text end 177.31    (b) The advisory committee new text begin task force new text end shall advise the board on the development and 177.32operation of the electronic reporting system new text begin prescription monitoring program new text end , including, 177.33but not limited to: 177.34    (1) technical standards for electronic prescription drug reporting; 177.35    (2) proper analysis and interpretation of prescription monitoring data; and 177.36    (3) an evaluation process for the program new text begin ; and new text end 178.1     new text begin (4) criteria for the unsolicited provision of prescription monitoring data by the new text end 178.2 new text begin board to prescribers and dispensers new text end . 178.3 new text begin (c) The task force is governed by section 15.059. Notwithstanding section 15.059, new text end 178.4 new text begin subdivision 5, the task force shall not expire. new text end 178.5    Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the 178.6following data to the board or its designated vendor, subject to the notice required under 178.7paragraph (d): 178.8    (1) name of the prescriber; 178.9    (2) national provider identifier of the prescriber; 178.10    (3) name of the dispenser; 178.11    (4) national provider identifier of the dispenser; 178.12    (5) prescription number; 178.13    (6) name of the patient for whom the prescription was written; 178.14    (7) address of the patient for whom the prescription was written; 178.15    (8) date of birth of the patient for whom the prescription was written; 178.16    (9) date the prescription was written; 178.17    (10) date the prescription was filled; 178.18    (11) name and strength of the controlled substance; 178.19    (12) quantity of controlled substance prescribed; 178.20    (13) quantity of controlled substance dispensed; and 178.21    (14) number of days supply. 178.22    (b) The dispenser must submit the required information by a procedure and in a 178.23format established by the board. The board may allow dispensers to omit data listed in this 178.24subdivision or may require the submission of data not listed in this subdivision provided 178.25the omission or submission is necessary for the purpose of complying with the electronic 178.26reporting or data transmission standards of the American Society for Automation in 178.27Pharmacy, the National Council on Prescription Drug Programs, or other relevant national 178.28standard-setting body. 178.29    (c) A dispenser is not required to submit this data for those controlled substance 178.30prescriptions dispensed for: 178.31    (1) individuals residing in licensed skilled nursing or intermediate care facilities; 178.32    (2) individuals receiving assisted living services under chapter 144G or through a 178.33medical assistance home and community-based waiver; 178.34    (3) individuals receiving medication intravenously; 178.35    (4) individuals receiving hospice and other palliative or end-of-life care; and 179.1    (5) individuals receiving services from a home care provider regulated under chapter 179.2144A. 179.3     new text begin (1) individuals residing in a health care facility as defined in section 151.58, new text end 179.4 new text begin subdivision 2, paragraph (b), when a drug is distributed through the use of an automated new text end 179.5 new text begin drug distribution system according to section 151.58; and new text end 179.6     new text begin (2) individuals receiving a drug sample that was packaged by a manufacturer and new text end 179.7 new text begin provided to the dispenser for dispensing as a professional sample pursuant to Code of new text end 179.8 new text begin Federal Regulations, title 21, section 203, subpart D. new text end 179.9    (d) A dispenser must not submit data under this subdivision unless new text begin provide to the new text end 179.10 new text begin patient for whom the prescription was written new text end a conspicuous notice of the reporting 179.11requirements of this section is given to the patient for whom the prescription was written 179.12 new text begin and notice that the information may be used for program administration purposes new text end . 179.13    Subd. 5. Use of data by board. (a) The board shall develop and maintain a database 179.14of the data reported under subdivision 4. The board shall maintain data that could identify 179.15an individual prescriber or dispenser in encrypted form. new text begin Except as otherwise allowed new text end 179.16 new text begin under subdivision 6, new text end the database may be used by permissible users identified under 179.17subdivision 6 for the identification of: 179.18    (1) individuals receiving prescriptions for controlled substances from prescribers 179.19who subsequently obtain controlled substances from dispensers in quantities or with a 179.20frequency inconsistent with generally recognized standards of use for those controlled 179.21substances, including standards accepted by national and international pain management 179.22associations; and 179.23    (2) individuals presenting forged or otherwise false or altered prescriptions for 179.24controlled substances to dispensers. 179.25    (b) No permissible user identified under subdivision 6 may access the database 179.26for the sole purpose of identifying prescribers of controlled substances for unusual or 179.27excessive prescribing patterns without a valid search warrant or court order. 179.28    (c) No personnel of a state or federal occupational licensing board or agency may 179.29access the database for the purpose of obtaining information to be used to initiate or 179.30substantiate a disciplinary action against a prescriber new text begin when the disciplinary action relates new text end 179.31 new text begin to allegations involving unusual or excessive prescribing of the drugs for which data new text end 179.32 new text begin is collected under subdivision 4 new text end . 179.33    (d) Data reported under subdivision 4 shall be retained by the board in the 179.34databasefor a 12-month period, and shall be removed from the database no later than 12 179.35months from the last day of the month during which the data was received. new text begin made available new text end 179.36 new text begin to permissible users for a 12-month period beginning the day the data was received and new text end 180.1 new text begin ending 12 months from the last day of the month in which the data was received, except new text end 180.2 new text begin that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may new text end 180.3 new text begin use all data collected under this section for the purposes of administering, operating, and new text end 180.4 new text begin maintaining the prescription monitoring program and conducting trend analyses and other new text end 180.5 new text begin studies necessary to evaluate the effectiveness of the program. new text end 180.6 new text begin (e) The board shall not retain data reported under subdivision 4 for a period longer new text end 180.7 new text begin than five years from the date the data was received. new text end 180.8    Subd. 6. Access to reporting system data. (a) Except as indicated in this 180.9subdivision, the data submitted to the board under subdivision 4 is private data on 180.10individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure. 180.11    (b) Except as specified in subdivision 5, the following persons shall be considered 180.12permissible users and may access the data submitted under subdivision 4 in the same or 180.13similar manner, and for the same or similar purposes, as those persons who are authorized 180.14to access similar private data on individuals under federal and state law: 180.15    (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 180.16delegated the task of accessing the data, to the extent the information relates specifically to 180.17a current patient, to whom the prescriber is prescribing or considering prescribing any 180.18controlled substance new text begin or to whom the prescriber is providing other medical treatment for new text end 180.19 new text begin which access to the data may be necessary new text end and with the provision that the prescriber remains 180.20responsible for the use or misuse of data accessed by a delegated agent or employee; 180.21    (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 180.22delegated the task of accessing the data, to the extent the information relates specifically 180.23to a current patient to whom that dispenser is dispensing or considering dispensing any 180.24controlled substance and with the provision that the dispenser remains responsible for the 180.25use or misuse of data accessed by a delegated agent or employee; 180.26     new text begin (3) a licensed pharmacist who is providing pharmaceutical care for which access to new text end 180.27 new text begin the data may be necessary to the extent that the information relates specifically to a current new text end 180.28 new text begin patient for whom the pharmacist is providing pharmaceutical care; new text end 180.29    (3) new text begin (4) new text end an individual who is the recipient of a controlled substance prescription for 180.30which data was submitted under subdivision 4, or a guardian of the individual, parent or 180.31guardian of a minor, or health care agent of the individual acting under a health care 180.32directive under chapter 145C; 180.33    (4) new text begin (5) new text end personnel of the new text begin a health-related licensing new text end board specifically new text begin listed in section new text end 180.34 new text begin 214.01, subdivision 2, or the Emergency Medical Services Regulatory Board, new text end assigned to 180.35conduct a bona fide investigation of a new text begin complaint received by that board alleging that a new text end 180.36 specific licensee new text begin is impaired by use of a drug for which data is collected under subdivision new text end 181.1 new text begin 4, has engaged in activity that would constitute a crime as defined in section 152.025, or new text end 181.2 new text begin has engaged in the behavior specified in section 152.126, subdivision 5, paragraph (a) new text end ; 181.3    (5) new text begin (6) new text end personnel of the board engaged in the collection new text begin , review, and analysis new text end 181.4 of controlled substance prescription information as part of the assigned duties and 181.5responsibilities under this section; 181.6    (6) new text begin (7) new text end authorized personnel of a vendor under contract with the board new text begin state of new text end 181.7 new text begin Minnesota new text end who are engaged in the design, implementation, operation, and maintenance of 181.8the electronic reporting system new text begin prescription monitoring program new text end as part of the assigned 181.9duties and responsibilities of their employment, provided that access to data is limited to 181.10the minimum amount necessary to carry out such duties and responsibilities; 181.11    (7) new text begin (8) new text end federal, state, and local law enforcement authorities acting pursuant to a 181.12valid search warrant; 181.13    (8) new text begin (9) new text end personnel of the medical assistance program new text begin Minnesota health care programs new text end 181.14assigned to use the data collected under this section to identify new text begin and manage new text end recipients 181.15whose usage of controlled substances may warrant restriction to a single primary care 181.16physician new text begin provider new text end , a single outpatient pharmacy, or new text begin and new text end a single hospital; and 181.17(9) new text begin (10) new text end personnel of the Department of Human Services assigned to access the 181.18data pursuant to paragraph (h). new text begin ; new text end 181.19 new text begin (11) a coroner or medical examiner, or an agent or employee of the coroner or new text end 181.20 new text begin medical examiner to whom the coroner or medical examiner has delegated the task of new text end 181.21 new text begin accessing the data, conducting an investigation pursuant to section 390.11, and with the new text end 181.22 new text begin provision that the coroner or medical examiner remains responsible for the use or misuse new text end 181.23 new text begin of data accessed by a delegated agent or employee; and new text end 181.24 new text begin (12) personnel of the health professionals services program established under new text end 181.25 new text begin section 214.31, to the extent that the information relates specifically to an individual who new text end 181.26 new text begin is currently enrolled in and being monitored by the program. The health professionals new text end 181.27 new text begin services program personnel shall not provide this data to a health-related licensing board new text end 181.28 new text begin or the Emergency Medical Services Regulatory Board, except as permitted under section new text end 181.29 new text begin 214.33, subdivision 3. new text end 181.30    For purposes of clause (3) new text begin (4) new text end , access by an individual includes persons in the 181.31definition of an individual under section 13.02. 181.32    (c) Any new text begin A new text end permissible user identified in paragraph (b), who new text begin clauses (1), (2), (3), (6), new text end 181.33 new text begin (7), (9), (10), and (11) may new text end directly accesses new text begin access new text end the data electronically, new text begin . If the data new text end 181.34 new text begin is directly accessed electronically, the permissible user new text end shall implement and maintain a 181.35comprehensive information security program that contains administrative, technical, 181.36and physical safeguards that are appropriate to the user's size and complexity, and the 182.1sensitivity of the personal information obtained. The permissible user shall identify 182.2reasonably foreseeable internal and external risks to the security, confidentiality, and 182.3integrity of personal information that could result in the unauthorized disclosure, misuse, 182.4or other compromise of the information and assess the sufficiency of any safeguards in 182.5place to control the risks. 182.6    (d) The board shall not release data submitted under this section new text begin subdivision 4 new text end unless 182.7it is provided with evidence, satisfactory to the board, that the person requesting the 182.8information is entitled to receive the data. 182.9    (e) The board shall not release the name of a prescriber without the written consent 182.10of the prescriber or a valid search warrant or court order. The board shall provide a 182.11mechanism for a prescriber to submit to the board a signed consent authorizing the release 182.12of the prescriber's name when data containing the prescriber's name is requested. 182.13    (f) new text begin (e) new text end The board shall maintain a log of all persons who access the data new text begin for a period new text end 182.14 new text begin of at least three years new text end and shall ensure that any permissible user complies with paragraph 182.15(c) prior to attaining direct access to the data. 182.16(g) new text begin (f) new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into 182.17pursuant to subdivision 2. A vendor shall not use data collected under this section for 182.18any purpose not specified in this section. 182.19 new text begin (g) The board may participate in an interstate prescription monitoring program data new text end 182.20 new text begin exchange system provided that permissible users in other states have access to the data new text end 182.21 new text begin only as allowed under this section, and that section 13.05, subdivision 6, applies to any new text end 182.22 new text begin contract or memorandum of understanding that the board enters into under this paragraph. new text end 182.23(h) With available appropriations, the commissioner of human services shall 182.24establish and implement a system through which the Department of Human Services shall 182.25routinely access the data for the purpose of determining whether any client enrolled in 182.26an opioid treatment program licensed according to chapter 245A has been prescribed or 182.27dispensed a controlled substance in addition to that administered or dispensed by the 182.28opioid treatment program. When the commissioner determines there have been multiple 182.29prescribers or multiple prescriptions of controlled substances, the commissioner shall: 182.30(1) inform the medical director of the opioid treatment program only that the 182.31commissioner determined the existence of multiple prescribers or multiple prescriptions of 182.32controlled substances; and 182.33(2) direct the medical director of the opioid treatment program to access the data 182.34directly, review the effect of the multiple prescribers or multiple prescriptions, and 182.35document the review. 183.1If determined necessary, the commissioner of human services shall seek a federal waiver 183.2of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part 183.32.34 , item (c), prior to implementing this paragraph. 183.4 new text begin (i) The board may provide data submitted under subdivision 4 for public research, new text end 183.5 new text begin policy, or education purposes, but only after the removal of any information that is likely new text end 183.6 new text begin to reveal the identity of the patient, prescriber, or dispenser who is the subject of the data. new text end 183.7 new text begin (j) The board shall review the data submitted under subdivision 4 on at least a new text end 183.8 new text begin quarterly basis and shall establish criteria, in consultation with the advisory task force, new text end 183.9 new text begin for referring information about a patient to prescribers and dispensers who prescribed or new text end 183.10 new text begin dispensed the prescriptions in question if the criteria are met. new text end 183.11    Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to 183.12the board as required under this section is subject to disciplinary action by the appropriate 183.13health-related licensing board. 183.14    (b) A prescriber or dispenser authorized to access the data who knowingly discloses 183.15the data in violation of state or federal laws relating to the privacy of health care data 183.16shall be subject to disciplinary action by the appropriate health-related licensing board, 183.17and appropriate civil penalties. 183.18    Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription 183.19electronic reporting system to determine if the system is negatively impacting appropriate 183.20prescribing practices of controlled substances. The board may contract with a vendor to 183.21design and conduct the evaluation. 183.22    (b) The board shall submit the evaluation of the system to the legislature by July 183.2315, 2011. 183.24    Subd. 9. Immunity from liability; no requirement to obtain information. (a) A 183.25pharmacist, prescriber, or other dispenser making a report to the program in good faith 183.26under this section is immune from any civil, criminal, or administrative liability, which 183.27might otherwise be incurred or imposed as a result of the report, or on the basis that the 183.28pharmacist or prescriber did or did not seek or obtain or use information from the program. 183.29    (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 183.30to obtain information about a patient from the program, and the pharmacist, prescriber, 183.31or other dispenser, if acting in good faith, is immune from any civil, criminal, or 183.32administrative liability that might otherwise be incurred or imposed for requesting, 183.33receiving, or using information from the program. 183.34    Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit 183.35charitable foundations, the federal government, and other sources to fund the enhancement 183.36and ongoing operations of the prescription electronic reporting system new text begin monitoring new text end 184.1 new text begin program new text end established under this section. Any funds received shall be appropriated to the 184.2board for this purpose. The board may not expend funds to enhance the program in a way 184.3that conflicts with this section without seeking approval from the legislature. 184.4(b) new text begin Notwithstanding any other section, new text end the administrative services unit for the 184.5health-related licensing boards shall apportion between the Board of Medical Practice, the 184.6Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of 184.7Optometry, new text begin the Board of Veterinary Medicine, new text end and the Board of Pharmacy an amount to 184.8be paid through fees by each respective board. The amount apportioned to each board 184.9shall equal each board's share of the annual appropriation to the Board of Pharmacy 184.10from the state government special revenue fund for operating the prescription electronic 184.11reporting system new text begin monitoring program new text end under this section. Each board's apportioned share 184.12shall be based on the number of prescribers or dispensers that each board identified in 184.13this paragraph licenses as a percentage of the total number of prescribers and dispensers 184.14licensed collectively by these boards. Each respective board may adjust the fees that the 184.15boards are required to collect to compensate for the amount apportioned to each board by 184.16the administrative services unit. 184.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 184.18    Sec. 20. new text begin STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM new text end 184.19 new text begin DATABASE. new text end 184.20 new text begin The Board of Pharmacy, in collaboration with the Prescription Monitoring Program new text end 184.21 new text begin Advisory Task Force, shall study program database and report to the chairs and ranking new text end 184.22 new text begin minority members of the senate health and human services policy and finance division and new text end 184.23 new text begin the house of representatives health and human services policy and finance committees by new text end 184.24 new text begin December 15, 2014, with recommendations on whether or not to (1) require the use of new text end 184.25 new text begin the prescription monitoring by prescribers when prescribing or considering prescribing, new text end 184.26 new text begin and pharmacists when dispensing or considering dispensing, a controlled substance as new text end 184.27 new text begin defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); and (2) new text end 184.28 new text begin allow for the use of the prescription monitoring program database to identify potentially new text end 184.29 new text begin inappropriate prescribing of controlled substances. new text end 184.30ARTICLE 11 184.31APPROPRIATIONS 184.32 new text begin APPROPRIATIONS new text end 184.33 new text begin Available for the Year new text end 185.1 new text begin Ending June 30 new text end 185.2 new text begin 2014 new text end new text begin 2015 new text end 185.3 Section 1. new text begin APPROPRIATIONS new text end new text begin $ new text end new text begin $ new text end 185.4 new text begin Board of Behavioral Health and Therapy new text end new text begin -0- new text end new text begin 8,000 new text end 185.5 new text begin This appropriation is from the state new text end 185.6 new text begin government special revenue fund for board new text end 185.7 new text begin member per diem payments and licensing new text end 185.8 new text begin activity. new text end 185.9 new text begin Board of Chiropractic Examiners new text end new text begin -0- new text end new text begin 10,000 new text end 185.10 new text begin This appropriation is from the state new text end 185.11 new text begin government special revenue fund for board new text end 185.12 new text begin member per diem payments. new text end 185.13 new text begin Board of Dentistry new text end new text begin -0- new text end new text begin 39,000 new text end 185.14 new text begin This appropriation is from the state new text end 185.15 new text begin government special revenue fund for board new text end 185.16 new text begin member per diem payments. new text end 185.17 new text begin Board of Dietetics and Nutrition Practice new text end new text begin -0- new text end new text begin 1,000 new text end 185.18 new text begin This appropriation is from the state new text end 185.19 new text begin government special revenue fund for board new text end 185.20 new text begin member per diem payments. new text end 185.21 new text begin Board of Marriage and Family Therapy new text end new text begin -0- new text end new text begin 4,000 new text end 185.22 new text begin This appropriation is from the state new text end 185.23 new text begin government special revenue fund for board new text end 185.24 new text begin member per diem payments and licensing new text end 185.25 new text begin activity. new text end 185.26 new text begin Board of Medical Practice new text end new text begin -0- new text end new text begin 38,000 new text end 185.27 new text begin This appropriation is from the state new text end 185.28 new text begin government special revenue fund for board new text end 185.29 new text begin member per diem payments. new text end 185.30 new text begin Board of Nursing new text end new text begin -0- new text end new text begin 266,000 new text end 185.31 new text begin This appropriation is from the state new text end 185.32 new text begin government special revenue fund for board new text end 186.1 new text begin member per diem payments and licensing new text end 186.2 new text begin activity. new text end 186.3 new text begin Board of Nursing Home Administrators new text end new text begin -0- new text end new text begin 2,000 new text end 186.4 new text begin This appropriation is from the state new text end 186.5 new text begin government special revenue fund for board new text end 186.6 new text begin member per diem payments. new text end 186.7 new text begin Board of Optometry new text end new text begin -0- new text end new text begin 1,000 new text end 186.8 new text begin This appropriation is from the state new text end 186.9 new text begin government special revenue fund for board new text end 186.10 new text begin member per diem payments. new text end 186.11 new text begin Board of Pharmacy new text end new text begin -0- new text end new text begin 2,000 new text end 186.12 new text begin This appropriation is from the state new text end 186.13 new text begin government special revenue fund for board new text end 186.14 new text begin member per diem payments. new text end 186.15 new text begin Board of Physical Therapy new text end new text begin -0- new text end new text begin 4,000 new text end 186.16 new text begin This appropriation is from the state new text end 186.17 new text begin government special revenue fund for board new text end 186.18 new text begin member per diem payments. new text end 186.19 new text begin Board of Podiatric Medicine new text end new text begin -0- new text end new text begin 1,000 new text end 186.20 new text begin This appropriation is from the state new text end 186.21 new text begin government special revenue fund for board new text end 186.22 new text begin member per diem payments. new text end 186.23 new text begin Board of Psychology new text end new text begin -0- new text end new text begin 15,000 new text end 186.24 new text begin This appropriation is from the state new text end 186.25 new text begin government special revenue fund for board new text end 186.26 new text begin member per diem payments. new text end 186.27 new text begin Board of Social Work new text end new text begin -0- new text end new text begin 17,000 new text end 186.28 new text begin This appropriation is from the state new text end 186.29 new text begin government special revenue fund for board new text end 186.30 new text begin member per diem payments and licensing new text end 186.31 new text begin activity. new text end 186.32 new text begin Board of Veterinary Medicine new text end new text begin -0- new text end new text begin 2,000 new text end 187.1 new text begin This appropriation is from the state new text end 187.2 new text begin government special revenue fund for board new text end 187.3 new text begin member per diem payments. new text end 187.4    Sec. 2. new text begin APPROPRIATION. new text end 187.5 new text begin (a) $210,000 in fiscal year 2015 is appropriated from the state government special new text end 187.6 new text begin revenue fund to the Board of Pharmacy to implement changes to the prescription monitoring new text end 187.7 new text begin program. The base for this appropriation is $171,000 in fiscal years 2016 and 2017. new text end 187.8 new text begin (b) $5,000 in fiscal year 2015 is appropriated from the state government special new text end 187.9 new text begin revenue fund to the Board of Pharmacy for costs attributable to the board's cease and new text end 187.10 new text begin desist authority. new text end