HF 267

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; exempting certain health rules 
  1.3             from expiration; exempting adopted health risk limits 
  1.4             from expiration; modifying rulemaking provisions in 
  1.5             the health care administrative simplification act; 
  1.6             clarifying the status of certain internal operating 
  1.7             procedures; amending Minnesota Statutes 1996, sections 
  1.8             14.386; 14.387; 62J.61; 103H.201, subdivision 4; 
  1.9             148B.66, subdivision 3; 148C.03, subdivision 1; and 
  1.10            153A.15, subdivision 3. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 14.386, is 
  1.13  amended to read: 
  1.14     14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 
  1.15     (a) A rule adopted, amended, or repealed by an agency, 
  1.16  under a statute authorizing or requiring rules to be adopted but 
  1.17  excluded from the rulemaking provisions of chapter 14 or from 
  1.18  the definition of a rule, has the force and effect of law only 
  1.19  if: 
  1.20     (1) the revisor of statutes approves the form of the rule 
  1.21  by certificate; 
  1.22     (2) the office of administrative hearings approves the rule 
  1.23  as to its legality within 14 days after the agency submits it 
  1.24  for approval and files two copies of the rule with the revisor's 
  1.25  certificate in the office of the secretary of state; and 
  1.26     (3) a copy is published by the agency in the State Register.
  1.27     (b) A rule adopted under this section is effective for a 
  1.28  period of two years from the date of publication of the rule in 
  2.1   the State Register.  The authority for the rule expires at the 
  2.2   end of this two-year period. 
  2.3      (c) The chief administrative law judge shall adopt rules 
  2.4   relating to the rule approval duties imposed by this section and 
  2.5   section 14.388, including rules establishing standards for 
  2.6   review. 
  2.7      (d) This section does not apply to rules adopted, amended, 
  2.8   or repealed under section 14.388. 
  2.9      This section also does not apply to: 
  2.10     (1) rules implementing emergency powers pursuant to 
  2.11  sections 12.31 to 12.37; 
  2.12     (2) rules of agencies directly in the legislative or 
  2.13  judicial branches; 
  2.14     (3) rules of the regents of the University of Minnesota; 
  2.15     (4) rules of the department of military affairs; 
  2.16     (5) rules of the comprehensive health association provided 
  2.17  in section 62E.10; 
  2.18     (6) rules of the tax court provided by section 271.06; 
  2.19     (7) rules concerning only the internal management of the 
  2.20  agency or other agencies, and which do not directly affect the 
  2.21  rights of or procedure available to the public; 
  2.22     (8) rules of the commissioner of corrections relating to 
  2.23  the placement and supervision of inmates serving a supervised 
  2.24  release term, the internal management of institutions under the 
  2.25  commissioner's control, and rules adopted under section 609.105 
  2.26  governing the inmates of those institutions; 
  2.27     (9) rules relating to weight limitations on the use of 
  2.28  highways when the substance of the rules is indicated to the 
  2.29  public by means of signs; 
  2.30     (10) opinions of the attorney general; 
  2.31     (11) the systems architecture plan and long-range plan of 
  2.32  the state education management information system provided by 
  2.33  section 121.931; 
  2.34     (12) the data element dictionary and the annual data 
  2.35  acquisition calendar of the department of children, families, 
  2.36  and learning to the extent provided by section 121.932; 
  3.1      (13) the occupational safety and health standards provided 
  3.2   in section 182.655; 
  3.3      (14) revenue notices and tax information bulletins of the 
  3.4   commissioner of revenue; 
  3.5      (15) uniform conveyancing forms adopted by the commissioner 
  3.6   of commerce under section 507.09; 
  3.7      (16) game and fish rules of the commissioner of natural 
  3.8   resources adopted under section 84.027, subdivision 13, or 
  3.9   sections 97A.0451 to 97A.0459; 
  3.10     (17) experimental and special management waters designated 
  3.11  by the commissioner of natural resources under sections 97C.001 
  3.12  and 97C.005; or 
  3.13     (18) game refuges designated by the commissioner of natural 
  3.14  resources under section 97A.085; 
  3.15     (19) rules of the commissioner of health adopted under 
  3.16  section 62J.61; or 
  3.17     (20) health risk limits of the commissioner of health 
  3.18  adopted under section 103H.201, subdivision 4. 
  3.19     Sec. 2.  Minnesota Statutes 1996, section 14.387, is 
  3.20  amended to read: 
  3.21     14.387 [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
  3.22     A rule adopted on or before May 26, 1995, and which was not 
  3.23  adopted under sections 14.05 to 14.28 or their predecessor 
  3.24  provisions, does not have the force and effect of law on and 
  3.25  after July 1, 1997, and the authority for the rule expires on 
  3.26  that date.  
  3.27     This section does not apply to: 
  3.28     (1) rules implementing emergency powers under sections 
  3.29  12.31 to 12.37; 
  3.30     (2) rules of agencies directly in the legislative or 
  3.31  judicial branches; 
  3.32     (3) rules of the regents of the University of Minnesota; 
  3.33     (4) rules of the department of military affairs; 
  3.34     (5) rules of the comprehensive health association provided 
  3.35  in section 62E.10; 
  3.36     (6) rules of the tax court provided by section 271.06; 
  4.1      (7) rules concerning only the internal management of the 
  4.2   agency or other agencies, and which do not directly affect the 
  4.3   rights of or procedure available to the public; 
  4.4      (8) rules of the commissioner of corrections relating to 
  4.5   the placement and supervision of inmates serving a supervised 
  4.6   release term, the internal management of institutions under the 
  4.7   commissioner's control, and rules adopted under section 609.105 
  4.8   governing the inmates of those institutions; 
  4.9      (9) rules relating to weight limitations on the use of 
  4.10  highways when the substance of the rules is indicated to the 
  4.11  public by means of signs; 
  4.12     (10) opinions of the attorney general; 
  4.13     (11) the systems architecture plan and long-range plan of 
  4.14  the state education management information system provided by 
  4.15  section 121.931; 
  4.16     (12) the data element dictionary and the annual data 
  4.17  acquisition calendar of the department of children, families and 
  4.18  learning to the extent provided by section 121.932; 
  4.19     (13) the occupational safety and health standards provided 
  4.20  in section 182.655; 
  4.21     (14) revenue notices and tax information bulletins of the 
  4.22  commissioner of revenue; 
  4.23     (15) uniform conveyancing forms adopted by the commissioner 
  4.24  of commerce under section 507.09; 
  4.25     (16) game and fish rules of the commissioner of natural 
  4.26  resources adopted under section 84.027, subdivision 13, or 
  4.27  sections 97A.0451 to 97A.0459; 
  4.28     (17) experimental and special management waters designated 
  4.29  by the commissioner of natural resources under sections 97C.001 
  4.30  and 97C.005; or 
  4.31     (18) game refuges designated by the commissioner of natural 
  4.32  resources under section 97A.085; 
  4.33     (19) rules of the commissioner of health adopted under 
  4.34  section 62J.61; or 
  4.35     (20) health risk limits of the commissioner of health 
  4.36  adopted under section 103H.201, subdivision 4. 
  5.1      Sec. 3.  Minnesota Statutes 1996, section 62J.61, is 
  5.2   amended to read: 
  5.3      62J.61 [RULEMAKING; IMPLEMENTATION.] 
  5.4      Subdivision 1.  [EXEMPTION.] The commissioner of health is 
  5.5   exempt from the rulemaking procedures, the exempt rule 
  5.6   procedures, and the expiration dates for exempt rules of chapter 
  5.7   14 in implementing sections 62J.50 to 62J.54, subdivision 3, and 
  5.8   62J.56 to 62J.59. 
  5.9      Subd. 2.  [PROCEDURE.] (a) The commissioner shall publish 
  5.10  proposed rules in the State Register or, if the commissioner 
  5.11  determines that publishing the text of the proposed rules would 
  5.12  be unduly cumbersome, shall publish notice of the proposed rules 
  5.13  that contains a detailed description of the rules along with a 
  5.14  statement that a free copy of the entire set of rules is 
  5.15  available upon request to the agency. 
  5.16     (b) Interested parties have 30 days to comment on the 
  5.17  proposed rules.  After the commissioner has considered all 
  5.18  comments, the commissioner shall publish the final rules notice 
  5.19  in the State Register that the rules have been adopted 30 days 
  5.20  before they are to take effect. 
  5.21     (c) If the adopted rules are the same as the proposed 
  5.22  rules, the notice shall state that the rules have been adopted 
  5.23  as proposed and shall cite the prior publication.  If the 
  5.24  adopted rules differ from the proposed rules, the portions of 
  5.25  the adopted rules which differ from the proposed rules shall be 
  5.26  included in the notice of adoption together with a citation to 
  5.27  the prior State Register publication of the remainder of the 
  5.28  proposed rules. 
  5.29     (d) The commissioner may use emergency and permanent 
  5.30  rulemaking to implement the remainder of this article. 
  5.31     Subd. 3.  [RESTRICTIONS.] The commissioner shall not adopt 
  5.32  any rules requiring patients to provide their social security 
  5.33  numbers unless and until federal laws are modified to allow or 
  5.34  require such action nor shall the commissioner adopt rules which 
  5.35  allow medical records, claims, or other treatment or clinical 
  5.36  data to be included on the health care identification card, 
  6.1   except as specifically provided in this chapter. 
  6.2      Subd. 4.  [PATIENT PRIVACY.] The commissioner shall seek 
  6.3   comments from the ethics and confidentiality committee of the 
  6.4   Minnesota health data institute and the department of 
  6.5   administration, public information policy analysis division, 
  6.6   before adopting or publishing final rules relating to issues of 
  6.7   patient privacy and medical records. 
  6.8      Sec. 4.  Minnesota Statutes 1996, section 103H.201, 
  6.9   subdivision 4, is amended to read: 
  6.10     Subd. 4.  [ADOPTION OF EXISTING RECOMMENDED ALLOWABLE 
  6.11  LIMITS.] (a) Notwithstanding and in lieu of subdivision 2, until 
  6.12  November 1, 1994, the commissioner may adopt recommended 
  6.13  allowable limits, and related toxicological end points, 
  6.14  established by the commissioner on or before February 15, 1994, 
  6.15  as health risk limits under this subdivision.  Before a 
  6.16  recommended allowable limit is adopted as an adopted health risk 
  6.17  limit under this subdivision, the commissioner shall: 
  6.18     (1) publish in the State Register and disseminate through 
  6.19  the Minnesota extension service and through soil and water 
  6.20  conservation districts notice of intent to adopt a recommended 
  6.21  allowable limit as an adopted health risk limit for specific 
  6.22  substances and shall solicit information on the health impacts 
  6.23  of the substance; 
  6.24     (2) publish the recommended allowable limit in the State 
  6.25  Register and disseminate through the Minnesota extension service 
  6.26  and through soil and water conservation districts allowing 60 
  6.27  days for public comment; and 
  6.28     (3) publish the adopted recommended allowable limit in the 
  6.29  State Register and, at the same time, make available a summary 
  6.30  of the public comments received and the commissioner's responses 
  6.31  to the comments. 
  6.32     (b) A recommended allowable limit adopted by the 
  6.33  commissioner as an adopted health risk limit under this 
  6.34  subdivision may be challenged in the manner provided in sections 
  6.35  14.44 and 14.45.  
  6.36     (c) During the comment period under paragraph (a), clause 
  7.1   (2), 25 or more persons may submit a written request for a 
  7.2   public hearing as provided under section 14.25 for any health 
  7.3   risk limits as adopted under this subdivision. 
  7.4      (d) Notwithstanding section 14.387 or other law to the 
  7.5   contrary, the recommended allowable limits adopted under this 
  7.6   subdivision continue to have the force and effect of law after 
  7.7   July 1, 1997. 
  7.8      Sec. 5.  Minnesota Statutes 1996, section 148B.66, 
  7.9   subdivision 3, is amended to read: 
  7.10     Subd. 3.  [EXCHANGING INFORMATION.] (a) The office of 
  7.11  mental health practice shall establish internal operating 
  7.12  procedures for: 
  7.13     (1) exchanging information with state boards; agencies, 
  7.14  including the office of ombudsman for mental health and mental 
  7.15  retardation; health related and law enforcement facilities; 
  7.16  departments responsible for licensing health related 
  7.17  occupations, facilities, and programs; and law enforcement 
  7.18  personnel in this and other states; and 
  7.19     (2) coordinating investigations involving matters within 
  7.20  the jurisdiction of more than one regulatory agency.  
  7.21     Establishment of the internal operating procedures is not 
  7.22  subject to rulemaking under chapter 14 because the procedures 
  7.23  are excluded from the definition of a rule under section 14.03, 
  7.24  subdivision 3, clause (1).  
  7.25     (b) The procedures for exchanging information must provide 
  7.26  for the forwarding to the entities described in paragraph (a), 
  7.27  clause (1), of information and evidence, including the results 
  7.28  of investigations, that are relevant to matters within the 
  7.29  regulatory jurisdiction of the organizations in paragraph (a).  
  7.30  The data have the same classification in the hands of the agency 
  7.31  receiving the data as they have in the hands of the agency 
  7.32  providing the data.  
  7.33     (c) The office of mental health practice shall establish 
  7.34  procedures for exchanging information with other states 
  7.35  regarding disciplinary action against licensed and unlicensed 
  7.36  mental health practitioners.  
  8.1      (d) The office of mental health practice shall forward to 
  8.2   another governmental agency any complaints received by the 
  8.3   office that do not relate to the office's jurisdiction but that 
  8.4   relate to matters within the jurisdiction of the other 
  8.5   governmental agency.  The agency to which a complaint is 
  8.6   forwarded shall advise the office of mental health practice of 
  8.7   the disposition of the complaint.  A complaint or other 
  8.8   information received by another governmental agency relating to 
  8.9   a statute or rule that the office of mental health practice is 
  8.10  empowered to enforce must be forwarded to the office to be 
  8.11  processed in accordance with this section. 
  8.12     (e) The office of mental health practice shall furnish to a 
  8.13  person who made a complaint a description of the actions of the 
  8.14  office relating to the complaint.  
  8.15     Sec. 6.  Minnesota Statutes 1996, section 148C.03, 
  8.16  subdivision 1, is amended to read: 
  8.17     Subdivision 1.  [GENERAL.] The commissioner shall, after 
  8.18  consultation with the advisory council or a subcommittee or the 
  8.19  special licensing criteria committee established under section 
  8.20  148C.11, subdivision 3, paragraph (b): 
  8.21     (a) adopt and enforce rules for licensure of alcohol and 
  8.22  drug counselors, including establishing standards and methods of 
  8.23  determining whether applicants and licensees are qualified under 
  8.24  section 148C.04.  The rules must provide for examinations and 
  8.25  establish standards for the regulation of professional conduct.  
  8.26  The rules must be designed to protect the public; 
  8.27     (b) hold or contract for the administration of examinations 
  8.28  at least twice a year to assess applicants' knowledge and 
  8.29  skills.  The examinations must be written and oral and may be 
  8.30  administered by the commissioner or by a private organization 
  8.31  under contract with the commissioner to administer the licensing 
  8.32  examinations.  Examinations must minimize cultural bias and must 
  8.33  be balanced in various theories relative to practice of alcohol 
  8.34  and drug counseling; 
  8.35     (c) issue licenses to individuals qualified under sections 
  8.36  148C.01 to 148C.11; 
  9.1      (d) issue copies of the rules for licensure to all 
  9.2   applicants; 
  9.3      (e) adopt rules to establish and implement procedures, 
  9.4   including a standard disciplinary process and rules of 
  9.5   professional conduct; 
  9.6      (f) carry out disciplinary actions against licensees; 
  9.7      (g) establish, with the advice and recommendations of the 
  9.8   advisory council, written internal operating procedures for 
  9.9   receiving and investigating complaints and for taking 
  9.10  disciplinary actions as appropriate.  Establishment of the 
  9.11  internal operating procedures are is not subject to rulemaking 
  9.12  procedures under chapter 14 because the procedures are excluded 
  9.13  from the definition of a rule under section 14.03, subdivision 
  9.14  3, clause (1); 
  9.15     (h) educate the public about the existence and content of 
  9.16  the rules for alcohol and drug counselor licensing to enable 
  9.17  consumers to file complaints against licensees who may have 
  9.18  violated the rules; 
  9.19     (i) evaluate the rules in order to refine and improve the 
  9.20  methods used to enforce the commissioner's standards; 
  9.21     (j) set, collect, and adjust license fees for alcohol and 
  9.22  drug counselors so that the total fees collected will as closely 
  9.23  as possible equal anticipated expenditures during the biennium, 
  9.24  as provided in section 16A.1285; fees for initial and renewal 
  9.25  application and examinations; late fees for counselors who 
  9.26  submit license renewal applications after the renewal deadline; 
  9.27  and a surcharge fee.  The surcharge fee must include an amount 
  9.28  necessary to recover, over a five-year period, the 
  9.29  commissioner's direct expenditures for the adoption of the rules 
  9.30  providing for the licensure of alcohol and drug counselors.  All 
  9.31  fees received shall be deposited in the state treasury and 
  9.32  credited to the special revenue fund; and 
  9.33     (k) prepare reports on activities related to the licensure 
  9.34  of alcohol and drug counselors according to this subdivision by 
  9.35  October 1 of each even-numbered year.  Copies of the reports 
  9.36  shall be delivered to the legislature in accordance with section 
 10.1   3.195 and to the governor.  The reports shall contain the 
 10.2   following information on the commissioner's activities relating 
 10.3   to the licensure of alcohol and drug counselors, for the 
 10.4   two-year period ending the previous June 30: 
 10.5      (1) a general statement of the activities; 
 10.6      (2) the number of staff hours spent on the activities; 
 10.7      (3) the receipts and disbursements of funds; 
 10.8      (4) the names of advisory council members and their 
 10.9   addresses, occupations, and dates of appointment and 
 10.10  reappointment; 
 10.11     (5) the names and job classifications of employees; 
 10.12     (6) a brief summary of rules proposed or adopted during the 
 10.13  reporting period with appropriate citations to the State 
 10.14  Register and published rules; 
 10.15     (7) the number of persons having each type of license 
 10.16  issued by the commissioner as of June 30 in the year of the 
 10.17  report; 
 10.18     (8) the locations and dates of the administration of 
 10.19  examinations by the commissioner; 
 10.20     (9) the number of persons examined by the commissioner with 
 10.21  the persons subdivided into groups showing age categories, sex, 
 10.22  and states of residency; 
 10.23     (10) the number of persons licensed by the commissioner 
 10.24  after taking the examinations referred to in clause (8) with the 
 10.25  persons subdivided by age categories, sex, and states of 
 10.26  residency; 
 10.27     (11) the number of persons not licensed by the commissioner 
 10.28  after taking the examinations referred to in clause (8) with the 
 10.29  persons subdivided by age categories, sex, and states of 
 10.30  residency; 
 10.31     (12) the number of persons not taking the examinations 
 10.32  referred to in clause (8) who were licensed by the commissioner 
 10.33  or who were denied licensing, the reasons for the licensing or 
 10.34  denial, and the persons subdivided by age categories, sex, and 
 10.35  states of residency; 
 10.36     (13) the number of persons previously licensed by the 
 11.1   commissioner whose licenses were revoked, suspended, or 
 11.2   otherwise altered in status with brief statements of the reasons 
 11.3   for the revocation, suspension, or alteration; 
 11.4      (14) the number of written and oral complaints and other 
 11.5   communications received by the commissioner which allege or 
 11.6   imply a violation of a statute or rule which the commissioner is 
 11.7   empowered to enforce; 
 11.8      (15) a summary, by specific category, of the substance of 
 11.9   the complaints and communications referred to in clause (14) 
 11.10  and, for each specific category, the responses or dispositions; 
 11.11  and 
 11.12     (16) any other objective information which the commissioner 
 11.13  believes will be useful in reviewing the commissioner's 
 11.14  activities. 
 11.15     Sec. 7.  Minnesota Statutes 1996, section 153A.15, 
 11.16  subdivision 3, is amended to read: 
 11.17     Subd. 3.  [PROCEDURES.] The commissioner shall establish, 
 11.18  in writing, internal operating procedures for receiving and 
 11.19  investigating complaints and imposing enforcement actions.  The 
 11.20  written internal operating procedures may include procedures for 
 11.21  sharing complaint information with government agencies in this 
 11.22  and other states.  Establishment of the internal operating 
 11.23  procedures are is not subject to rulemaking procedures under 
 11.24  chapter 14 because the procedures are excluded from the 
 11.25  definition of a rule under section 14.03, subdivision 3, clause 
 11.26  (1).  Procedures for sharing complaint information must be 
 11.27  consistent with the requirements for handling government data 
 11.28  under chapter 13. 
 11.29     Sec. 8.  [EFFECTIVE DATE.] 
 11.30     Sections 1 to 7 are effective the day following final 
 11.31  enactment.