as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to health; modifying the provisions related 1.3 to managed care organizations; modifying the 1.4 provisions related to children's camps; modifying the 1.5 licensing provisions for alcohol and drug counselors; 1.6 modifying the regulatory provisions for food and 1.7 beverage establishments, hotels, motels, lodging 1.8 establishments, and resorts; removing certain 1.9 reporting requirements for hospitals and surgical 1.10 centers; eliminating the directory of the healing 1.11 arts; amending Minnesota Statutes 1994, sections 1.12 62Q.075, subdivision 2; 144.71, subdivisions 1 and 2; 1.13 144.72, subdivisions 1 and 2; 144.73, subdivision 1; 1.14 144.74; 148C.09, by adding a subdivision; and 157.20, 1.15 by adding a subdivision; Minnesota Statutes 1995 1.16 Supplement, sections 148C.01, subdivisions 12 and 13; 1.17 148C.02, subdivisions 1 and 2; 148C.03, subdivision 1; 1.18 148C.04, subdivisions 3, 4, and by adding a 1.19 subdivision; 148C.05, subdivision 1; 148C.06; 148C.11, 1.20 subdivisions 1 and 3; 157.011, subdivision 1; 157.15, 1.21 subdivisions 4, 5, 6, 9, 12, 13, 14, and by adding 1.22 subdivisions; 157.16; 157.17, subdivision 2; 157.20, 1.23 subdivision 1; and 157.21; repealing Minnesota 1.24 Statutes 1994, sections 144.691, subdivision 4; 1.25 146.14; and 146.20; Minnesota Statutes 1995 1.26 Supplement, sections 157.03; 157.15, subdivision 2; 1.27 157.18; and 157.19. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 Section 1. Minnesota Statutes 1994, section 62Q.075, 1.30 subdivision 2, is amended to read: 1.31 Subd. 2. [REQUIREMENT.] BeginningJuly 1, 1995October 31, 1.32 1997, all managed care organizations shallannuallyfile 1.33 biennially with the action plans required under section 62Q.07 a 1.34 plan describing the actions the managed care organization has 1.35 taken and those it intends to take to contribute to achieving 1.36 public health goals for each service area in which an enrollee 2.1 of the managed care organization resides. This plan must be 2.2 jointly developed in collaboration with the local public health 2.3 units, appropriate regional coordinating boards, and other 2.4 community organizations providing health services within the 2.5 same service area as the managed care organization. Local 2.6 government units with responsibilities and authority defined 2.7 under chapters 145A and 256E may designate individuals to 2.8 participate in the collaborative planning with the managed care 2.9 organization to provide expertise and represent community needs 2.10 and goals as identified under chapters 145A and 256E. 2.11 Sec. 2. Minnesota Statutes 1994, section 144.71, 2.12 subdivision 1, is amended to read: 2.13 Subdivision 1. [HEALTH AND SAFETY.] The purpose of 2.14 sections 144.71 to 144.74 is to protect the health and safety of 2.15childrenpersons in attendance atchildren'syouth camps. 2.16 Sec. 3. Minnesota Statutes 1994, section 144.71, 2.17 subdivision 2, is amended to read: 2.18 Subd. 2. [DEFINITION.] For the purpose of such sections 2.19 achildren'syouth camp is defined as a parcel or parcels of 2.20 land with permanent buildings, tents or other structures 2.21 together with appurtenances thereon, established or maintained 2.22 as living quarters where both food and beverage service and 2.23 lodging or the facilities therefor are provided for ten or more 2.24 people, operated continuously for a period of five days or more 2.25 each year for educational, recreational or vacation purposes, 2.26 and the use of the camp is offered to minors free of charge or 2.27 for payment of a fee. 2.28 Sec. 4. Minnesota Statutes 1994, section 144.72, 2.29 subdivision 1, is amended to read: 2.30 Subdivision 1. [PERMITS.] The state commissioner of health 2.31 is authorized to issue permits for the operation ofsuch2.32children'syouth campsand such campswhich are required to 2.33 obtainsuchthe permits. 2.34 Sec. 5. Minnesota Statutes 1994, section 144.72, 2.35 subdivision 2, is amended to read: 2.36 Subd. 2. [APPLICATION.] On or before June first annually, 3.1 every person, partnership, limited liability company or 3.2 corporation, operating or seeking to operate achildren'syouth 3.3 camp, shall make application in writing to the commissioner for 3.4 a permit to conduct achildren'syouth camp. Such application 3.5 shall be in such form and shall contain such information as the 3.6 commissioner may find necessary to determine that thechildren's3.7 youth camp will be operated and maintained in such a manner as 3.8 to protect and preserve the health and safety of the persons 3.9 using the camp. Where a person, partnership, limited liability 3.10 company or corporation operates or is seeking to operate more 3.11 than onechildren'syouth camp, a separate application shall be 3.12 made for each camp. 3.13 Sec. 6. Minnesota Statutes 1994, section 144.73, 3.14 subdivision 1, is amended to read: 3.15 Subdivision 1. [INSPECTION OF CAMPS.] It shall be the duty 3.16 of the state commissioner of health to make an annual inspection 3.17 of eachchildren'syouth camp, and where, upon inspection it is 3.18 found that there is a failure to protect the health and safety 3.19 of the persons using the camp, or a failure to comply with the 3.20 camp rules prescribed by the commissioner, the commissioner 3.21 shall give notice to the camp operator of such failure, which 3.22 notice shall set forth the reason or reasons for such failure. 3.23 Sec. 7. Minnesota Statutes 1994, section 144.74, is 3.24 amended to read: 3.25 144.74 [RULES, STANDARDS.] 3.26 The state commissioner of health is authorized to adopt and 3.27 enforce such reasonable rules and standards as the commissioner 3.28 determines necessary to protect the health and safety of 3.29childrenpersons in attendance atchildren'syouth camps. Such 3.30 rules and standards may include reasonable restrictions and 3.31 limitations on the following: 3.32 (1) Camp sites and buildings, including location, layout, 3.33 lighting, ventilation, heating, plumbing, drainage and sleeping 3.34 quarters; 3.35 (2) Sanitary facilities, including water supply, toilet and 3.36 shower facilities, sewage and excreta disposal, waste and 4.1 garbage disposal, and the control of insects and rodents, and 4.2 (3) Food service, including storage, refrigeration, 4.3 sanitary preparation and handling of food, the cleanliness of 4.4 kitchens and the proper functioning of equipment. 4.5 Sec. 8. Minnesota Statutes 1995 Supplement, section 4.6 148C.01, subdivision 12, is amended to read: 4.7 Subd. 12. [SUPERVISED ALCOHOL AND DRUG COUNSELING 4.8 EXPERIENCE.] Except during the transition period, "supervised 4.9 alcohol and drug counseling experience" means practical 4.10 experience gained by a student, volunteer, or intern, and 4.11 supervised by a person either licensed under this chapter or 4.12 exempt under its provisions; either before, during, or after the 4.13 student completes a program from an accredited school 4.14 oreducationeducational program of alcohol and drug counseling. 4.15 Sec. 9. Minnesota Statutes 1995 Supplement, section 4.16 148C.01, subdivision 13, is amended to read: 4.17 Subd. 13. [ALCOHOL AND DRUG COUNSELING PRACTICUM.] 4.18 "Alcohol and drug counseling practicum" means formal experience 4.19 gained by a student and supervised by a person either licensed 4.20 under this chapter or exempt under its provisions, in an 4.21 accredited school or educational program of alcohol and drug 4.22 counseling as part of the education requirements of this chapter. 4.23 Sec. 10. Minnesota Statutes 1995 Supplement, section 4.24 148C.02, subdivision 1, is amended to read: 4.25 Subdivision 1. [MEMBERSHIP.] The alcohol and drug 4.26 counselors licensing advisory council consists of 13 members. 4.27 The commissioner shall appoint: 4.28 (1) except for those members initially appointed, seven 4.29 members who must be licensed alcohol and drugdependency4.30 counselors; 4.31 (2) three members who must be public members as defined by 4.32 section 214.02; 4.33 (3) one member who must be a director or coordinator of an 4.34 accredited alcohol and drug dependency training program; and 4.35 (4) one member who must be a former consumer of alcohol and 4.36 drug dependency counseling service and who must have received 5.1 the service more than three years before the person's 5.2 appointment. 5.3 The American Indian advisory committee to the department of 5.4 human services chemical dependency office shall appoint the 5.5 remaining member. 5.6 Sec. 11. Minnesota Statutes 1995 Supplement, section 5.7 148C.02, subdivision 2, is amended to read: 5.8 Subd. 2. [DUTIES.] (a) The advisory council shall: 5.9 (1) provide advice and recommendations to the commissioner 5.10 on the development of rules for the licensure of alcohol and 5.11 drug counselors; 5.12 (2) provide advice and recommendations to the commissioner 5.13 on the development of standards and procedures for the 5.14 competency testing, licensing, and review of alcohol and drug 5.15 counselors' professional conduct; 5.16 (3) provide advice and recommendations to the commissioner 5.17 in disciplinary cases in the areas of counselor competency 5.18 issues, counselor practice issues, and counselor impairment 5.19 issues. 5.20 (b) The advisory council shall form an education committee, 5.21 including a chair,andwhich shall advise the commissioner on 5.22 the review and administration of the education requirements in 5.23sectionsections 148C.04 and 148C.05, subdivision 2. 5.24 Sec. 12. Minnesota Statutes 1995 Supplement, section 5.25 148C.03, subdivision 1, is amended to read: 5.26 Subdivision 1. [GENERAL.] The commissioner shall, after 5.27 consultation with the advisory council or a subcommittee or the 5.28 special licensing criteria committee established under section 5.29 148C.11, subdivision 3, paragraph (b): 5.30 (a) adopt and enforce rules for licensure of alcohol and 5.31 drug counselors, including establishing standards and methods of 5.32 determining whether applicants and licensees are qualified under 5.33 section 148C.04. The rules must provide for examinations and 5.34 establish standards for the regulation of professional conduct. 5.35 The rules must be designed to protect the public; 5.36 (b) hold or contract for the administration of examinations 6.1 at least twice a year to assess applicants' knowledge and 6.2 skills. The examinations must be written and oral and may be 6.3 administered by the commissioner or by a private organization 6.4 under contract with the commissioner to administer the licensing 6.5 examinations. Examinations must minimize cultural bias and must 6.6 be balanced in various theories relative to practice of alcohol 6.7 and drug counseling; 6.8 (c) issue licenses to individuals qualified under sections 6.9 148C.01 to 148C.11; 6.10 (d) issue copies of the rules for licensure to all 6.11 applicants; 6.12 (e) adopt rules to establish and implement procedures, 6.13 including a standard disciplinary process and rules of 6.14 professional conduct; 6.15 (f) carry out disciplinary actions against licensees; 6.16 (g) establish, with the advice and recommendations of the 6.17 advisory council, written internal operating procedures for 6.18 receiving and investigating complaints and for taking 6.19 disciplinary actions as appropriate. Establishment of the 6.20 operating procedures are not subject to rulemaking procedures 6.21 under chapter 14; 6.22 (h) educate the public about the existence and content of 6.23 the rules forchemical dependencyalcohol and drug counselor 6.24 licensing to enable consumers to file complaints against 6.25 licensees who may have violated the rules; 6.26 (i) evaluate the rules in order to refine and improve the 6.27 methods used to enforce the commissioner's standards; 6.28 (j) set, collect, and adjust license fees for alcohol and 6.29 drug counselors so that the total fees collected will as closely 6.30 as possible equal anticipated expenditures during the biennium, 6.31 as provided in section 16A.1285; fees for initial and renewal 6.32 application and examinations; late fees for counselors who 6.33 submit license renewal applications after the renewal deadline; 6.34 and a surcharge fee. The surcharge fee must include an amount 6.35 necessary to recover, over a five-year period, the 6.36 commissioner's direct expenditures for the adoption of the rules 7.1 providing for the licensure of alcohol and drug counselors. All 7.2 fees received shall be deposited in the state treasury and 7.3 credited to the special revenue fund; and 7.4 (k) prepare reports on activities related to the licensure 7.5 of alcohol and drug counselors according to this subdivision by 7.6 October 1 of each even-numbered year. Copies of the reports 7.7 shall be delivered to the legislature in accordance with section 7.8 3.195 and to the governor. The reports shall contain the 7.9 following information on the commissioner's activities relating 7.10 to the licensure ofchemical dependencyalcohol and drug 7.11 counselors, for the two-year period ending the previous June 30: 7.12 (1) a general statement of the activities; 7.13 (2) the number of staff hours spent on the activities; 7.14 (3) the receipts and disbursements of funds; 7.15 (4) the names of advisory council members and their 7.16 addresses, occupations, and dates of appointment and 7.17 reappointment; 7.18 (5) the names and job classifications of employees; 7.19 (6) a brief summary of rules proposed or adopted during the 7.20 reporting period with appropriate citations to the State 7.21 Register and published rules; 7.22 (7) the number of persons having each type of license 7.23 issued by the commissioner as of June 30 in the year of the 7.24 report; 7.25 (8) the locations and dates of the administration of 7.26 examinations by the commissioner; 7.27 (9) the number of persons examined by the commissioner with 7.28 the persons subdivided into groups showing age categories, sex, 7.29 and states of residency; 7.30 (10) the number of persons licensed by the commissioner 7.31 after taking the examinations referred to in clause (8) with the 7.32 persons subdivided by age categories, sex, and states of 7.33 residency; 7.34 (11) the number of persons not licensed by the commissioner 7.35 after taking the examinations referred to in clause (8) with the 7.36 persons subdivided by age categories, sex, and states of 8.1 residency; 8.2 (12) the number of persons not taking the examinations 8.3 referred to in clause (8) who were licensed by the commissioner 8.4 or who were denied licensing, the reasons for the licensing or 8.5 denial, and the persons subdivided by age categories, sex, and 8.6 states of residency; 8.7 (13) the number of persons previously licensed by the 8.8 commissioner whose licenses were revoked, suspended, or 8.9 otherwise altered in status with brief statements of the reasons 8.10 for the revocation, suspension, or alteration; 8.11 (14) the number of written and oral complaints and other 8.12 communications received by the commissioner which allege or 8.13 imply a violation of a statute or rule which the commissioner is 8.14 empowered to enforce; 8.15 (15) a summary, by specific category, of the substance of 8.16 the complaints and communications referred to in clause (14) 8.17 and, for each specific category, the responses or dispositions; 8.18 and 8.19 (16) any other objective information which the commissioner 8.20 believes will be useful in reviewing the commissioner's 8.21 activities. 8.22 Sec. 13. Minnesota Statutes 1995 Supplement, section 8.23 148C.04, subdivision 3, is amended to read: 8.24 Subd. 3. [LICENSING REQUIREMENTSFOR ALCOHOL AND DRUG8.25COUNSELORS; EVIDENCEFOR THE FIRST FIVE YEARS.](a)For five 8.26 years after the effective date of the rules authorized in 8.27 section 148C.03, the applicant, unless qualifiedfor initial8.28licensure under this subdivisionunder section 148C.06 during 8.29 the two-year period authorized therein, under section 148C.07, 8.30 or under subdivision 4, must furnish evidence satisfactory to 8.31 the commissioner that the applicant has met all the requirements 8.32 in clauses (1) to (3). The applicant must have: 8.33 (1)Except as provided in subdivision 4, the applicant must8.34havereceived an associate degree including 270 clock hours of 8.35 alcohol and drug counseling education from an accredited school 8.36 or educational program and 880 clock hours ofchemical9.1dependencyalcohol and drug counseling practicum; 9.2 (2)The applicant must havecompleted a written case 9.3 presentation and satisfactorily passed an oral examination that 9.4 demonstrates competence in the core functions; and 9.5 (3)The applicant must havesatisfactorily passed a written 9.6 examination as established by the commissioner. 9.7(b) Unless the applicant qualifies for licensure under this9.8subdivision, an applicant must furnish evidence satisfactory to9.9the commissioner that the applicant has met the requirements of9.10paragraph (a), clauses (1) to (3).9.11Beginning two years after the effective date of the rules9.12authorized in section 148C.03, subdivision 1, no person may be9.13licensed without meeting the requirements in section 148C.04,9.14subdivision 4, paragraph (a), clauses (2) and (3), or the9.15special licensing criteria established pursuant to section9.16148C.11, subdivision 4.9.17 Sec. 14. Minnesota Statutes 1995 Supplement, section 9.18 148C.04, subdivision 4, is amended to read: 9.19 Subd. 4. [ADDITIONALLICENSING REQUIREMENTS AFTER FIVE 9.20 YEARS.] Beginning five years after the effective date of the 9.21 rules authorized in section 148C.03, subdivision 1, an applicant 9.22 for licensure musthave receivedsubmit evidence to the 9.23 commissioner that the applicant has met one of the following 9.24 requirements: 9.25 (1) The applicant must have: 9.26 (i) received a bachelor's degree from an accredited school 9.27 or educational program,and must have completedincluding 480 9.28 clock hours of alcohol and drug counseling education from an 9.29 accredited school or educational program and 880 clock hours of 9.30 alcohol and drug counseling practicum, 9.31 (ii) completed a written case presentation and 9.32 satisfactorily passed an oral examination that demonstrates 9.33 competence in the core functions, and 9.34 (iii) satisfactorily passed a written examination as 9.35 established by the commissioner; or 9.36 (2) The applicant must meet the requirements of section 10.1 148C.07. 10.2 Sec. 15. Minnesota Statutes 1995 Supplement, section 10.3 148C.04, is amended by adding a subdivision to read: 10.4 Subd. 5. [ADDITIONAL LICENSING REQUIREMENTS.] Applicants 10.5 must also meet the special licensing requirements in section 10.6 148C.11, subdivision 4, and in the rules authorized in section 10.7 148C.03, subdivision 1, when applicable. 10.8 Sec. 16. Minnesota Statutes 1995 Supplement, section 10.9 148C.05, subdivision 1, is amended to read: 10.10 Subdivision 1. [RENEWAL REQUIREMENTS.] To renew a license, 10.11 an applicant must: 10.12 (1)annuallycomplete a renewal application every two years 10.13 on a form provided by the commissioner and submit theannual10.14 biennial renewal fee by the deadline; and 10.15 (2) submit additional information if requested by the 10.16 commissioner to clarify information presented in the renewal 10.17 application. This information must be submitted within 30 days 10.18 of the commissioner's request. 10.19 Sec. 17. Minnesota Statutes 1995 Supplement, section 10.20 148C.06, is amended to read: 10.21 148C.06 [TRANSITION PERIOD.] 10.22 For two years from the effective date of the rules 10.23 authorized in section 148C.03, subdivision 1, the commissioner 10.24 shall issue a license to an applicant if the applicant meets one 10.25 of the following qualifications: 10.26 (a) is credentialed as a certified chemical dependency 10.27 counselor (CCDC) or certified chemical dependency counselor 10.28 reciprocal (CCDCR) by the Institute for Chemical Dependency 10.29 Professionals of Minnesota, Inc.; 10.30 (b) has 6,000 hours of supervised alcohol and drug 10.31 counselor experience as defined by the core functions, 270 clock 10.32 hours of alcohol and drug training with a minimum of 60 hours of 10.33 this training occurring within the past five years, 300 hours of 10.34 alcohol and drugpracticuminternship, and has successfully 10.35 completed the requirements in section 148C.04, subdivision 3, 10.36 paragraph (a), clauses (2) and (3); 11.1 (c) has 10,000 hours of supervised alcohol and drug 11.2 counselor experience as defined by the core functions, 270 clock 11.3 hours of alcohol and drug training with a minimum of 60 hours of 11.4 this training occurring within the past five years, and has 11.5 successfully completed the requirements in section 148C.04, 11.6 subdivision 3, paragraph (a), clause (2) or (3), or is 11.7 credentialed as a certified chemical dependency practitioner 11.8 (CCDP) by the Institute for Chemical Dependency Professionals of 11.9 Minnesota, Inc.; 11.10 (d) has 14,000 hours of supervised alcohol and drug 11.11 counselor experience as defined by the core functions and 270 11.12 clock hours of alcohol and drug training with a minimum of 60 11.13 hours of this training occurring within the past five years; or 11.14 (e) has met the special licensing criteria established 11.15 pursuant to section 148C.11. 11.16 Sec. 18. Minnesota Statutes 1994, section 148C.09, is 11.17 amended by adding a subdivision to read: 11.18 Subd. 1a. [BACKGROUND INVESTIGATION.] The applicant must 11.19 sign a release authorizing the commissioner to obtain 11.20 information from the bureau of criminal apprehension, the 11.21 Federal Bureau of Investigation, the office of mental health 11.22 practice, the department of human services, the office of health 11.23 facilities complaints, and other agencies specified in the 11.24 rules. After the commissioner has given written notice to an 11.25 individual who is the subject of a background investigation, the 11.26 agencies shall assist the commissioner with the investigation by 11.27 giving the commissioner criminal conviction data, reports about 11.28 abuse or neglect of clients, and other information specified in 11.29 the rules. 11.30 Sec. 19. Minnesota Statutes 1995 Supplement, section 11.31 148C.11, subdivision 1, is amended to read: 11.32 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 11.33 148C.01 to 148C.10 shall prevent members of other professions or 11.34 occupations from performing functions for which they are 11.35 qualified or licensed. This exception includes, but is not 11.36 limited to, licensed physicians, registered nurses, licensed 12.1 practical nurses, psychological practitioners, members of the 12.2 clergy, attorneys, probation officers, marriage and family 12.3 therapists, social workers, licensed professional counselors, 12.4 school counselors employed by a school district while acting 12.5 within the scope of their employment as a school counselor, and 12.6 registered occupational therapists or certified occupational 12.7 therapist assistants. These persons must not, however, use a 12.8 title incorporating the words "alcohol and drug counselor" or 12.9 "licensed alcohol and drug counselor" or otherwise hold 12.10 themselves out to the public by any title or description stating 12.11 or implying that they are licensed to engage in the practice of 12.12 alcohol and drug counseling. 12.13 Sec. 20. Minnesota Statutes 1995 Supplement, section 12.14 148C.11, subdivision 3, is amended to read: 12.15 Subd. 3. [FEDERALLY RECOGNIZED TRIBES.] (a) Alcohol and 12.16 drug counselors licensed to practice alcohol and drug counseling 12.17 according to standards established by federally recognized 12.18 tribes, while practicing under tribal jurisdiction, are exempt 12.19 from the requirements of this chapter. In practicing alcohol 12.20 and drug counseling under tribal jurisdiction, individuals 12.21 licensed under that authority shall be afforded the same rights, 12.22 responsibilities, and recognition as persons licensed pursuant 12.23 to this chapter. 12.24 (b) The commissioner shall develop special licensing 12.25 criteria for issuance of a license to alcohol and drug 12.26 counselors who: (1) are members of ethnic minority groups; or 12.27 (2) are employed by private, nonprofit agencies, including 12.28 agencies operated by private, nonprofit hospitals, whose primary 12.29 agency service focus addresses ethnic minority populations. 12.30 These licensing criteria may differ from the licensing criteria 12.31 specified in section 148C.04. To develop these criteria, the 12.32 commissioner shall establish a committee comprised of but not 12.33 limited to representatives from the council on hearing impaired, 12.34 the council on affairs of Spanish-speaking people, the council 12.35 on Asian-Pacific Minnesotans, the council on Black Minnesotans, 12.36 and the Indian affairs council. 13.1 Sec. 21. Minnesota Statutes 1995 Supplement, section 13.2 157.011, subdivision 1, is amended to read: 13.3 Subdivision 1. [ESTABLISHMENTS.] The commissioner shall 13.4 adopt rules establishing standards for food,and beverage 13.5 service establishments,andhotels, motels, lodging 13.6 establishments, and resorts. 13.7 Sec. 22. Minnesota Statutes 1995 Supplement, section 13.8 157.15, subdivision 4, is amended to read: 13.9 Subd. 4. [BOARDING ESTABLISHMENT.] "Boarding 13.10 establishment" means abuilding, structure, enclosure, or any13.11part thereof used as, maintained as, advertised as, or held out13.12to be a placefood and beverage service establishment where food 13.13 ornonalcoholicbeverages, or both, are furnished to five or 13.14 more regular boarders, whether with or without sleeping 13.15 accommodations, for periods of one week or more. 13.16 Sec. 23. Minnesota Statutes 1995 Supplement, section 13.17 157.15, subdivision 5, is amended to read: 13.18 Subd. 5. [FOOD AND BEVERAGE SERVICE ESTABLISHMENT.] "Food 13.19 and beverage service establishment" means arestaurant,13.20alcoholic beverage establishment, boarding establishment, mobile13.21food unit, seasonal food stand, food cart, or special event food13.22standbuilding, structure, enclosure, or any part of a building, 13.23 structure, or enclosure used as, maintained as, advertised as, 13.24 or held out to be an operation that prepares, serves, or 13.25 otherwise provides food or beverages, or both, for human 13.26 consumption. 13.27 Sec. 24. Minnesota Statutes 1995 Supplement, section 13.28 157.15, subdivision 6, is amended to read: 13.29 Subd. 6. [FOOD CART.] "Food cart" means a food and 13.30 beverage service establishment that is a nonmotorized vehicle 13.31limited to serving food that is not defined by rule as13.32potentially hazardous food, except precooked frankfurters and13.33other ready-to-eat link sausagesself-propelled by the operator. 13.34 Sec. 25. Minnesota Statutes 1995 Supplement, section 13.35 157.15, subdivision 9, is amended to read: 13.36 Subd. 9. [MOBILE FOOD UNIT.] "Mobile food unit" means a 14.1 food and beverage service establishment that is a vehicle 14.2 mounted unit, either motorized or trailered, operating no more 14.3 than 14 days annually at any one place, and readily movable, 14.4 without disassembling, for transport to another locationand14.5remaining for no more than 14 days, annually, at any one place. 14.6 Sec. 26. Minnesota Statutes 1995 Supplement, section 14.7 157.15, is amended by adding a subdivision to read: 14.8 Subd. 10a. [POTENTIALLY HAZARDOUS FOOD.] "Potentially 14.9 hazardous food" means any food that consists in whole or in part 14.10 of milk or milk products, eggs, meat, poultry, fish, shellfish, 14.11 mollusk, edible crustacea, or other ingredients, including 14.12 synthetic ingredients, in a form capable of supporting rapid and 14.13 progressive growth of infectious or toxigenic microorganisms. 14.14 The term does not include clean, whole, uncracked, odor-free, 14.15 shell eggs or foods which have a pH level of 4.6 or below or a 14.16 water activity (aW) value of 0.85 or less. 14.17 Sec. 27. Minnesota Statutes 1995 Supplement, section 14.18 157.15, subdivision 12, is amended to read: 14.19 Subd. 12. [RESTAURANT.] "Restaurant" means abuilding,14.20structure, enclosure, or any part thereof used as, maintained14.21as, advertised as, or held out to be a place where food or14.22nonalcoholic beverages are served or prepared for service to the14.23publicfood and beverage service establishment, whether the 14.24 establishment serves alcoholic or nonalcoholic beverages, which 14.25 operates from a location for more than 14 days annually. 14.26 Restaurant does not include a food cart. 14.27 Sec. 28. Minnesota Statutes 1995 Supplement, section 14.28 157.15, is amended by adding a subdivision to read: 14.29 Subd. 12a. [SEASONAL PERMANENT FOOD STAND.] "Seasonal 14.30 permanent food stand" means a food and beverage service 14.31 establishment which is a permanent food service stand or 14.32 building, but which operates no more than 14 days annually. 14.33 Sec. 29. Minnesota Statutes 1995 Supplement, section 14.34 157.15, subdivision 13, is amended to read: 14.35 Subd. 13. [SEASONAL TEMPORARY FOOD STAND.] "Seasonal 14.36 temporary food stand" means a food and beverage service 15.1 establishment that is a food standthatwhich is disassembled 15.2 and moved from location to location,remainingbut which 15.3 operates no more than 14 days,annually,at any oneplace; or a15.4permanent food service stand or building that operates no more15.5than 14 days annuallylocation. 15.6 Sec. 30. Minnesota Statutes 1995 Supplement, section 15.7 157.15, subdivision 14, is amended to read: 15.8 Subd. 14. [SPECIAL EVENT FOOD STAND.] "Special event food 15.9 stand" means a food and beverage service establishment which is 15.10 used in conjunction with celebrations and special events,used15.11not more than twice annually, and remainingand which operates 15.12 once or twice annually for no more thanthree consecutiveseven 15.13 total daysat any one location. 15.14 Sec. 31. Minnesota Statutes 1995 Supplement, section 15.15 157.16, is amended to read: 15.16 157.16 [LICENSES REQUIRED; FEES.] 15.17 Subdivision 1. [LICENSE REQUIRED ANNUALLY.] A license is 15.18 required annually for every person, firm, or corporation engaged 15.19 in the business of conducting a food and beverage service 15.20 establishment hotel, motel,restaurant, alcoholic beverage15.21establishment, boarding establishment,lodging establishment, or 15.22 resort, mobile food unit, seasonal food stand, food cart, or15.23special event food stand or who thereafter engages in conducting15.24any such business. Any person wishing to operate a place of 15.25 business licensed in this section shall first make application, 15.26 pay the required fee specified in this section, and receive 15.27 approval for operation, including plan review approval. 15.28 Application shall be made on forms provided by the commissioner 15.29 and shall require the applicant to state the full name and 15.30 address of the owner of the building, structure, or enclosure, 15.31 the lessee and manager of the food and beverage service 15.32 establishment, hotel, motel,restaurant, alcoholic beverage15.33establishment, boarding establishment,lodging establishment, or 15.34 resort, mobile food unit, seasonal food stand, food cart, or15.35special event food stand; the name under which the business is 15.36 to be conducted; and any other information as may be required by 16.1 the commissioner to complete the application for license. 16.2 Subd. 2. [LICENSE RENEWAL.] Initial and renewal licenses 16.3 for all food and beverage service establishments, hotels, 16.4 motels,restaurants, alcoholic beverage establishments,lodging 16.5 establishments,boarding establishments,and resorts, mobile16.6food units, seasonal food stands, and food cartsshall be issued 16.7 for the calendar year for which application is made and shall 16.8 expire on December 31 of such year. Any person who operates a 16.9 place of business after the expiration date of a license or 16.10 without having submitted an application and paid the fee shall 16.11 be deemed to have violated the provisions of this chapter and 16.12 shall be subject to enforcement action, as provided in the 16.13 health enforcement consolidation act, sections 144.989 to 16.14 144.993. In addition, a penalty of $25 shall be added to the 16.15 total of the license fee for any food and beverage service 16.16 establishment operating without a license as a mobile food unit, 16.17 a seasonal temporary or seasonal permanent food stand,and food16.18cart operating without a licenseor a special event food stand, 16.19 and a penalty of $50 shall be added to the total of the license 16.20 fee for allother food, beverage, andrestaurants, food carts, 16.21 hotels, motels, lodging establishments, and resorts operating 16.22 without a license. 16.23 Subd. 3. [ESTABLISHMENT FEES; DEFINITIONS.]For the16.24purposes of establishing food, beverage, and lodging16.25establishment fees, the following definitions have the meanings16.26given them.(a) The following fees are required for food and 16.27 beverage service establishments, hotels, motels, lodging 16.28 establishments, and resorts licensed under this chapter. Food 16.29 and beverage service establishments must pay the highest 16.30 applicable fee under paragraph (d), clause (1), (2), (3), or 16.31 (4), and establishments serving alcohol must pay the highest 16.32 applicable fee under paragraph (d), clause (6) or (7). 16.33 (b) All food and beverage service establishments, except 16.34 special event food stands, and all hotels, motels, lodging 16.35 establishments, and resorts shall pay an annual base fee of $100. 16.36 (c) A special event food stand shall pay a flat fee of $60 17.1 annually. "Special event food stand" means a fee category where 17.2 food is prepared or served in conjunction with celebrations or 17.3 special events from a special event food stand as defined in 17.4 section 157.15. 17.5 (d) In addition to the base fee in paragraph (b), each food 17.6 and beverage service establishment, other than a special event 17.7 food stand, and each hotel, motel, lodging establishment, and 17.8 resort shall pay an additional annual fee for each fee category 17.9 as specified in this paragraph: 17.10 (1) Limited food menu selection, $30. 17.11(a)"Limited food menu selection" means a fee category that 17.12 provides one or more of the following: 17.13(1)(i) prepackaged food that receives heat treatment and 17.14 is served in the package; 17.15(2)(ii) frozen pizza that is heated and served; 17.16(3)(iii) a continental breakfast such as rolls, coffee, 17.17 juice, milk, and cold cereal; 17.18(4)(iv) soft drinks, coffee, or nonalcoholic beverages; or 17.19(5) does not prepare food on site, however serves food that17.20was prepared elsewhere and provides(v) cleaningoffor eating, 17.21 drinking, or cooking utensils, when the only food served is 17.22 prepared off site. 17.23 (2) Small menu selection with limited equipment, including 17.24 boarding establishments, $55. 17.25(b)"Small menu selection with limited equipment" means a 17.26 fee category that has no salad bar andprovidesmeets one or 17.27 more of the following: 17.28(1)(i) possesses food service equipment thatis limited to17.29 consists of no more than a deep fat fryer, a grill, two hot 17.30 holding containers, and one or more microwave ovens; 17.31(2) service of(ii) serves dipped ice cream or soft serve 17.32 frozen desserts; 17.33(3) service of(iii) serves breakfast in an owner-occupied 17.34 bed and breakfast establishment; or 17.35(4)(iv) is a boarding establishment. 17.36 (3) Small establishment with full menu selection, $150. 18.1(c)"Small establishment with full menu selection" means a 18.2 fee category thatprovidesmeets one or more of the following: 18.3(1)(i) possesses food service equipment that includes a 18.4 range, oven, steam table, salad bar, or salad preparation area; 18.5(2)(ii) possesses food service equipment that includes 18.6 more than one deep fat fryer, one grill, or two hot holding 18.7 containers; or 18.8(3)(iii) is an establishment where food is prepared at one 18.9 location and served at one or more separate locations. 18.10 (4) Large establishment with full menu selection, $250. 18.11(d)"Large establishment with full menu selection" means 18.12 either 18.13 (i) a fee category that (1) meets the criteria inparagraph18.14(c), clause (1) or (2)clause (3), subclause (i) or (ii), for a 18.15 small establishment with full menu selectionand: (1), (2) seats 18.16 more than 175 people; (2), and (3) offers the full menu 18.17 selection an average of five or more days a week during the 18.18 weeks of operation; ormeans18.19 (ii) aservicefee category that (1) meets the criteria in 18.20paragraph (c),clause (3), subclause (iii), for a small 18.21 establishment with full menu selection;, and(3)(2) prepares 18.22 and serves 500 or more meals per day. 18.23(e) "Temporary food service" means a fee category where18.24food is prepared and served from a mobile food unit, seasonal18.25food stand, or food cart.18.26(f) "Alcohol service from bar" means a fee category where18.27alcoholic mixed drinks are served, or where beer or wine are18.28served from a bar.18.29 (5) Other food and beverage service, including food carts, 18.30 mobile food units, seasonal temporary food stands, and seasonal 18.31 permanent food stands, $30. 18.32 (6) Beer or wine table service, $30. 18.33(g)"Beer or wine table service" means a fee category where 18.34 the only alcoholic beverage service is beer or wine, served to 18.35 customers seated at tables. 18.36(h) "Individual water" means a fee category with a water19.1supply other than a community public water supply as defined in19.2Minnesota Rules, chapter 4720.19.3(i) "Individual sewer" means a fee category with an19.4individual sewage treatment system which uses subsurface19.5treatment and disposal.19.6 (7) Alcoholic beverage service, other than beer or wine 19.7 table service, $75. 19.8 "Alcohol service other than beer or wine table service" 19.9 means a fee category where alcoholic mixed drinks are served or 19.10 where beer or wine are served from a bar. 19.11 (8) Lodging per sleeping accommodation unit, $4, including 19.12 hotels, motels, lodging establishments, and resorts, up to a 19.13 maximum of $400. 19.14(j)"Lodging per sleeping accommodation unit" means a fee 19.15 category including the number of guest rooms, cottages, or other 19.16 rental units of a hotel, motel, lodging establishment, or 19.17 resort; or the number of beds in a dormitory. 19.18 (9) First public swimming pool, $100; each additional 19.19 public swimming pool, $50. 19.20(k)"Public swimming pool" means a fee category that has 19.21 the meaning given in Minnesota Rules, part 4717.0250, subpart 8. 19.22 (10) First spa, $50; each additional spa, $25. 19.23(l)"Spa pool" means a fee category that has the meaning 19.24 given in Minnesota Rules, part 4717.0250, subpart 9. 19.25(m) "Special event food stand" means a fee category where19.26food is prepared and served in conjunction with celebrations or19.27special events, but not more than twice annually, and where the19.28facility is used no more than three consecutive days per event.19.29 (11) Private sewer or water, $30. 19.30 "Individual private water" means a fee category with a 19.31 water supply other than a community public water supply as 19.32 defined in Minnesota Rules, chapter 4720. "Individual private 19.33 sewer" means a fee category with an individual sewage treatment 19.34 system which uses subsurface treatment and disposal. 19.35 (e) A fee is not required for a food and beverage service 19.36 establishment operated by a school as defined in sections 120.05 20.1 and 120.101. 20.2 (f) A fee of $150 for review of the construction plans must 20.3 accompany the initial license application for food and beverage 20.4 service establishments, hotels, motels, lodging establishments, 20.5 or resorts. 20.6 (g) When existing food and beverage service establishments, 20.7 hotels, motels, lodging establishments, or resorts are 20.8 extensively remodeled, a fee of $150 must be submitted with the 20.9 remodeling plans. 20.10 (h) Seasonal temporary food stands and special event food 20.11 stands are not required to pay a fee for either an initial 20.12 construction plan review or a remodeling plan review. 20.13 Subd. 4. [POSTING REQUIREMENTS.] Every food and beverage 20.14 service establishment, hotel, motel, lodging establishment, or 20.15 resort must have the license posted in a conspicuous place at 20.16 the establishment. 20.17 Sec. 32. Minnesota Statutes 1995 Supplement, section 20.18 157.17, subdivision 2, is amended to read: 20.19 Subd. 2. [REGISTRATION.] At the time of licensure or 20.20 license renewal, aboardboarding and lodging establishment or a 20.21 lodging establishment that provides supportive services or 20.22 health supervision services mustregisterbe registered with the 20.23 commissioner, and must register annually thereafter. The 20.24 registration must include the name, address, and telephone 20.25 number of the establishment, the name of the operator, the types 20.26 of services that are being provided, a description of the 20.27 residents being served, the type and qualifications of staff in 20.28 the facility, and other information that is necessary to 20.29 identify the needs of the residents and the types of services 20.30 that are being provided. The commissioner shall develop and 20.31 furnish to the boarding and lodging establishment or lodging 20.32 establishment the necessary form for submitting the 20.33 registration. The requirement for registration is effective 20.34 until the rules required by sections 144B.01 to 144B.17 are 20.35 effective. 20.36 Sec. 33. Minnesota Statutes 1995 Supplement, section 21.1 157.20, subdivision 1, is amended to read: 21.2 Subdivision 1. [INSPECTIONS.] It shall be the duty of the 21.3 commissioner to inspect, or cause to be inspected, every food 21.4 and beverage service establishment, hotel, motel,restaurant,21.5alcoholic beverage establishment, boarding establishment,21.6 lodging establishment, or resort,mobile food unit, seasonal21.7food stand, food cart, and special event food stand in this21.8state. For the purpose of conducting inspections, the 21.9 commissioner shall have the right to enter and have access 21.10 thereto at any time during the conduct of business. 21.11 Sec. 34. Minnesota Statutes 1994, section 157.20, is 21.12 amended by adding a subdivision to read: 21.13 Subd. 2a. [RISK CATEGORIES.] (a) [HIGH-RISK 21.14 ESTABLISHMENT.] "High-risk establishment" means any food and 21.15 beverage service establishment, hotel, motel, lodging 21.16 establishment, or resort that: 21.17 (1) serves potentially hazardous foods that require 21.18 extensive processing on the premises, including manual handling, 21.19 cooling, reheating, or holding for service; 21.20 (2) prepares foods several hours or days before service; 21.21 (3) serves menu items that epidemologic experience has 21.22 demonstrated to be common vehicles of food-borne illness; 21.23 (4) has a public swimming pool; or 21.24 (5) draws its drinking water from a surface water supply. 21.25 (b) [MEDIUM-RISK ESTABLISHMENT.] "Medium-risk establishment" 21.26 means a food and beverage service establishment, hotel, motel, 21.27 lodging establishment, or resort that: 21.28 (1) serves potentially hazardous foods but with minimal 21.29 holding between preparation and service; or 21.30 (2) serves foods, such as pizza, that require extensive 21.31 handling followed by heat treatment. 21.32 (c) [LOW-RISK ESTABLISHMENT.] "Low-risk establishment" 21.33 means a food and beverage service establishment, hotel, motel, 21.34 lodging establishment, or resort that is not a high-risk or 21.35 medium-risk establishment. 21.36 (d) [RISK EXCEPTIONS.] Mobile food units, seasonal 22.1 permanent and seasonal temporary food stands, food carts, and 22.2 special event food stands are not inspected on an established 22.3 schedule and therefore are not defined as high-risk, 22.4 medium-risk, or low-risk establishments. 22.5 Sec. 35. Minnesota Statutes 1995 Supplement, section 22.6 157.21, is amended to read: 22.7 157.21 [INSPECTION RECORDS.] 22.8 The commissioner shall keep inspection records for all food 22.9 and beverage service establishments, hotels, motels, 22.10restaurants, alcoholic beverage establishments, boarding22.11establishments,lodging establishments, and resorts,mobile food22.12units, seasonal food stands, food carts, and special event food22.13stands,together with the name of the owner and operator. 22.14 Sec. 36. [INSTRUCTION TO REVISOR.] 22.15 In each section of Minnesota Statutes referred to in column 22.16 A, the revisor of statutes shall delete the reference in column 22.17 B and insert the reference in column C. The references in 22.18 column C may be changed by the revisor to the section of 22.19 Minnesota Statutes in which the bill sections are compiled. 22.20 Column A Column B Column C 22.21 28A.15, subdivision 5 157.03 157.16 22.22 157.15, subdivision 1 157.03 157.011 22.23 160.295, subdivision 3 157.03 157.16 22.24 256B.0913, subdivision 5 157.03 157.011 22.25 299F.46, subdivision 1 157.03 157.011 22.26 Sec. 37. [REPEALER.] 22.27 Minnesota Statutes 1994, sections 144.691, subdivision 4; 22.28 146.14; and 146.20; Minnesota Statutes 1995 Supplement, sections 22.29 157.03; 157.15, subdivision 2; 157.18; and 157.19, are repealed.