HF 1642

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for rural pharmacy
preservation; establishing a rural pharmacy grant
program; modifying the rural loan forgiveness program;
appropriating money; amending Minnesota Statutes 2004,
section 144.1501, subdivisions 1, 2, 3; proposing
coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.1476] RURAL PHARMACY PLANNING AND
TRANSITION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this
section, the following definitions apply.
new text end

new text begin (b) "Eligible rural community" means:
new text end

new text begin (1) a Minnesota community that is located in a rural area,
as defined in the federal Medicare regulations, Code of Federal
Regulations, title 42, section 405.1041; or
new text end

new text begin (2) a Minnesota community that has a population of less
than 10,000, according to the United States Bureau of
Statistics, and that is outside the seven-county metropolitan
area, excluding the cities of Duluth, Mankato, Moorhead,
Rochester, and St. Cloud.
new text end

new text begin (c) "Health care provider" means a hospital, clinic,
pharmacy, long-term care institution, or other health care
facility that is licensed, certified, or otherwise authorized by
the laws of this state to provide health care.
new text end

new text begin (d) "Pharmacist" means an individual with a valid license
issued under chapter 151 to practice pharmacy.
new text end

new text begin (e) "Pharmacy" has the meaning given under section 151.01,
subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Grants authorized; eligibility. new text end

new text begin (a) The
commissioner of health shall establish a program to award grants
to eligible rural communities or health care providers in
eligible rural communities for planning, establishing, keeping
in operation, or providing health care services that preserve
access to prescription medications and the skills of a
pharmacist according to sections 151.01 to 151.40.
new text end

new text begin (b) To be eligible for a grant, an applicant must develop a
strategic plan for preserving or enhancing access to
prescription medications and the skills of a pharmacist. At a
minimum, a strategic plan must consist of:
new text end

new text begin (1) a needs assessment to determine what pharmacy services
are needed and desired by the community. The assessment must
include interviews with or surveys of area and local health
professionals, local community leaders, and public officials;
new text end

new text begin (2) an assessment of the feasibility of providing needed
pharmacy services that identifies priorities and timelines for
potential changes; and
new text end

new text begin (3) an implementation plan.
new text end

new text begin (c) A grant may be used by a recipient that has developed a
strategic plan to implement transition projects to modify the
type and extent of pharmacy services provided, in order to
reflect the needs of the community. Grants may also be used by
recipients:
new text end

new text begin (1) to develop pharmacy practices that integrate pharmacy
and existing health care provider facilities; or
new text end

new text begin (2) to establish a pharmacy provider cooperative or
initiatives that maintain local access to prescription
medications and the skills of a pharmacist.
new text end

new text begin Subd. 3. new text end

new text begin Funding. new text end

new text begin Notwithstanding section 214.06,
subdivision 1, any revenue collected by the Board of Pharmacy in
excess of the board's expenditures shall be credited to a rural
pharmacy grant account. Money in the account is appropriated to
the commissioner of health to issue grants under this section.
No more than ten percent of the money appropriated may be used
to pay for administrative expenses.
new text end

new text begin Subd. 4. new text end

new text begin Consideration of grants. new text end

new text begin In determining which
applicants shall receive grants under this section, the
commissioner of health shall appoint a committee comprised of
members with experience and knowledge about rural pharmacy
issues including two rural pharmacists with a community pharmacy
background, two health care providers from rural communities,
one representative from a statewide pharmacist organization, and
one representative of the Board of Pharmacy. A representative
of the commissioner may serve on the committee in an ex officio
status. In determining who shall receive a grant, the committee
shall take into account:
new text end

new text begin (1) improving or maintaining access to prescription
medications and the skills of a pharmacist;
new text end

new text begin (2) changes in service populations;
new text end

new text begin (3) the extent community pharmacy needs are not currently
met by other providers in the area;
new text end

new text begin (4) the financial condition of the applicant;
new text end

new text begin (5) the integration of pharmacy services into existing
health care services; and
new text end

new text begin (6) community support.
new text end

new text begin Subd. 5. new text end

new text begin Allocation of grants. new text end

new text begin (a) The commissioner
shall establish a deadline for receiving applications and must
make a final decision on the funding of each application within
60 days of the deadline. An applicant must apply no later than
March 1 of each fiscal year for grants awarded for that fiscal
year. Each relevant community board has 30 days in which to
review and comment to the commissioner on eligible applications.
new text end

new text begin (b) Any grant awarded must not exceed $50,000 a year and
may not exceed a one-year term.
new text end

new text begin (c) Applicants may apply to the program each year they are
eligible.
new text end

new text begin (d) Project grants may not be used to retire debt incurred
with respect to any capitol expenditure made prior to the date
on which the project is initiated.
new text end

new text begin Subd. 6. new text end

new text begin Evaluation. new text end

new text begin The grant program shall be
evaluated annually in reports by the recipients of the grants.
An academic institution that has the expertise in evaluating
rural pharmacy outcomes may participate in the program
evaluation if asked by a recipient or the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2004, section 144.1501,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this
section, the following definitions apply.

(b) "Designated rural area" means:

(1) an area in Minnesota outside the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington,
excluding the cities of Duluth, Mankato, Moorhead, Rochester,
and St. Cloud; or

(2) a municipal corporation, as defined under section
471.634, that is physically located, in whole or in part, in an
area defined as a designated rural area under clause (1).

(c) "Emergency circumstances" means those conditions that
make it impossible for the participant to fulfill the service
commitment, including death, total and permanent disability, or
temporary disability lasting more than two years.

(d) "Medical resident" means an individual participating in
a medical residency in family practice, internal medicine,
obstetrics and gynecology, pediatrics, or psychiatry.

(e) "Midlevel practitioner" means a nurse practitioner,
nurse-midwife, nurse anesthetist, advanced clinical nurse
specialist, or physician assistant.

(f) "Nurse" means an individual who has completed training
and received all licensing or certification necessary to perform
duties as a licensed practical nurse or registered nurse.

(g) "Nurse-midwife" means a registered nurse who has
graduated from a program of study designed to prepare registered
nurses for advanced practice as nurse-midwives.

(h) "Nurse practitioner" means a registered nurse who has
graduated from a program of study designed to prepare registered
nurses for advanced practice as nurse practitioners.

(i) new text begin "Pharmacist" means an individual with a valid license
issued under chapter 151 to practice pharmacy.
new text end

new text begin (j) new text end "Physician" means an individual who is licensed to
practice medicine in the areas of family practice, internal
medicine, obstetrics and gynecology, pediatrics, or psychiatry.

deleted text begin (j) deleted text end new text begin (k) new text end "Physician assistant" means a person registered
under chapter 147A.

deleted text begin (k) deleted text end new text begin (l) new text end "Qualified educational loan" means a government,
commercial, or foundation loan for actual costs paid for
tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a
health care professional.

deleted text begin (l) deleted text end new text begin (m) new text end "Underserved urban community" means a Minnesota
urban area or population included in the list of designated
primary medical care health professional shortage areas (HPSAs),
medically underserved areas (MUAs), or medically underserved
populations (MUPs) maintained and updated by the United States
Department of Health and Human Services.

Sec. 3.

Minnesota Statutes 2004, section 144.1501,
subdivision 2, is amended to read:

Subd. 2.

Creation of account.

A health professional
education loan forgiveness program account is established. The
commissioner of health shall use money from the account to
establish a loan forgiveness program for medical residents
agreeing to practice in designated rural areas or underserved
urban communities, for midlevel practitioners agreeing to
practice in designated rural areas, deleted text begin and deleted text end for nurses who agree to
practice in a Minnesota nursing home or intermediate care
facility for persons with mental retardation or related
conditions new text begin , and for pharmacists who agree to practice in
designated rural areas new text end . Appropriations made to the account do
not cancel and are available until expended, except that at the
end of each biennium, any remaining balance in the account that
is not committed by contract and not needed to fulfill existing
commitments shall cancel to the fund.

Sec. 4.

Minnesota Statutes 2004, section 144.1501,
subdivision 3, is amended to read:

Subd. 3.

Eligibility.

(a) To be eligible to participate
in the loan forgiveness program, an individual must:

(1) be a medical resident new text begin or a licensed pharmacist new text end or be
enrolled in a midlevel practitioner, registered nurse, or deleted text begin a
deleted text end licensed practical nurse training program; and

(2) submit an application to the commissioner of health.

(b) An applicant selected to participate must sign a
contract to agree to serve a minimum three-year full-time
service obligation according to subdivision 2, which shall begin
no later than March 31 following completion of required training.

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $200,000 in fiscal year 2006 and $200,000 in fiscal year
2007 are appropriated from the health occupations licensing
account in the special revenue fund to the commissioner of
health for purposes of Minnesota Statutes, section 144.1476.
This is a onetime appropriation.
new text end