1.1 	A bill for an act
1.2 	relating to health; temporarily permitting retired nurses to practice in certain 
1.3 	long-term care settings; temporarily modifying training requirements for direct 
1.4 	care staff in certain long-term care settings; establishing a temporary voluntary 
1.5 	correction program for nursing homes.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. TEMPORARY PERMIT FOR LAPSED NURSING LICENSES.
 1.8 	(a) The Board of Nursing shall issue a temporary permit to practice professional or 
1.9 	practical nursing to any nurse whose license to practice issued under Minnesota Statutes, 
1.10 	sections 148.171 to 148.285, has lapsed after January 1, 2017, and who desires to resume 
1.11 	the practice of professional or practical nursing at a licensed nursing facility or licensed 
1.12 	assisted living facility. The nurse shall submit an application for a temporary permit to the 
1.13 	board that includes the name and location of the facility where the nurse is or will be 
1.14 	employed. The board shall issue the temporary permit to practice professional or practical 
1.15 	nursing upon the receipt of the application. The applicant is not required to pay any fee 
1.16 	under Minnesota Statutes, section 148.243, for the temporary permit or meet any other 
1.17 	requirements if at the time the nurse's license lapsed the license was in good standing and 
1.18 	the nurse was not the subject of any pending investigation or disciplinary action and was 
1.19 	not disqualified to practice in any way.
1.20 	(b) Any temporary permit issued under this section is valid for a period of one year and 
1.21 	is not renewable.
1.22 	(c) This section expires March 31, 2023.

2.1 	Sec. 2. TEMPORARY ASSISTED LIVING STAFF TRAINING REQUIREMENTS.
 2.2 	(a) Notwithstanding Minnesota Statutes, section 144G.60, subdivision 4, paragraphs (a) 
2.3 	and (b), a person who registers, completes, and passes the American Health Care 
2.4 	Association's eight-hour online temporary nurse aide training course may be employed by 
2.5 	a licensed assisted living facility to provide assisted living services or perform delegated 
2.6 	nursing tasks. Assisted living facilities must maintain documentation that a person employed 
2.7 	under the authority of this section to provide assisted living services or perform delegated 
2.8 	nursing tasks completed the required training program.
2.9 	(b) Whenever providing assisted living services, a person employed under the authority 
2.10 	of this section must be directly supervised by another employee who meets the requirements 
2.11 	of Minnesota Statutes, section 144G.60, subdivision 4, paragraph (a). If, during employment, 
2.12 	the person meets the requirements of Minnesota Statutes, section 144G.60, subdivision 4, 
2.13 	paragraph (a), the supervision described in this paragraph is no longer required.
2.14 	(c) Whenever performing delegated nursing tasks, a person employed under the authority 
2.15 	of this section must be directly supervised by another employee who meets the requirements 
2.16 	of Minnesota Statutes, section 144G.60, subdivision 4, paragraph (b). If, during employment, 
2.17 	the person meets the requirements of Minnesota Statutes, section 144G.60, subdivision 4, 
2.18 	paragraph (b), the supervision described in this paragraph is no longer required.
2.19 	(d) This section expires four months after the expiration of the blanket federal waiver 
2.20 	of the nurse aides training and certification requirements under Code of Federal Regulations, 
2.21 	title 42, section 483.35(d), by the Centers for Medicare and Medicaid Services as authorized 
2.22 	by section 1135 of the Social Security Act.

2.23 	Sec. 3. TEMPORARY NURSING FACILITY VOLUNTARY CORRECTION 
2.24 	PROGRAM.
 2.25 	(a) Between the date on which this section becomes effective and June 30, 2023, a 
2.26 	licensed nursing facility may submit to the commissioner a formal request for technical 
2.27 	assistance and available resources to correct the facility's failures to comply with state 
2.28 	licensing and federal certification standards that result from acute staffing shortages.
2.29 	(b) Within 48 hours of receipt of a formal request under paragraph (a), the commissioner 
2.30 	must complete a voluntary correction program intake form and assign to the facility a specific 
2.31 	employee of the Department of Health who must act as the primary point of contact for the 
2.32 	facility participating in the voluntary correction program. A department employee assigned 
2.33 	to a facility must not be a nursing home health surveyor or an Office of Health Facility 
3.1 	Complaints investigator. The commissioner must not assign current surveyors or investigators 
3.2 	to offer technical assistance to facilities participating in the voluntary correction program.
3.3 	(c) The commissioner must not initiate a survey or other regulatory action in response 
3.4 	to a request submitted under paragraph (a). The commissioner must not regard the mere 
3.5 	fact that a facility submitted a request under paragraph (a) as justification to exercise the 
3.6 	commissioner's discretion under Minnesota Statutes, section 144A.10, subdivision 2, to 
3.7 	devote more resources for inspections of the facility outside of the regular schedule of 
3.8 	licensing and certification inspections.
3.9 	(d) While a facility is participating in the voluntary correction program, the commissioner 
3.10 	must not initiate a survey, revisit of any type, or otherwise deploy surveyors or investigators 
3.11 	to the facility except as provided in paragraph (f).
3.12 	(e) No facility may participate in the voluntary correction program longer than one 
3.13 	month.
3.14 	(f) Nothing in paragraph (c) or (d) prohibits the commissioner from conducting an on-site 
3.15 	investigation of alleged maltreatment of a vulnerable adult or of a complaint triaged as 
3.16 	immediate jeopardy.
3.17 	(g) The commissioner must ensure that department staff providing technical assistance 
3.18 	to a facility participating in the voluntary correction program do not communicate information 
3.19 	about the facility directly to any surveyor or investigator, including that the facility is a 
3.20 	participant in the program. Nothing in this paragraph prohibits anyone from filing a complaint 
3.21 	with the Office of Health Facility Complaints.

3.22 	Sec. 4. EFFECTIVE DATE.
 3.23 	Sections 1 to 3 are effective the day following final enactment.