HF 2111

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  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.] Beginning July 1, 1995 October 31, 
  1.32  1997, all managed care organizations shall annually file 
  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 
  2.15  children persons in attendance at children's youth 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  a children's youth 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 of such 
  2.32  children's youth camps and such camps which are required to 
  2.33  obtain such the 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 a children's youth 
  3.3   camp, shall make application in writing to the commissioner for 
  3.4   a permit to conduct a children's youth 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 the children's 
  3.7   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 one children's youth 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 each children's youth 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 
  3.29  children persons in attendance at children's youth 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  or education educational 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 drug dependency 
  4.30  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, and which shall advise the commissioner on 
  5.22  the review and administration of the education requirements in 
  5.23  section sections 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 for chemical dependency alcohol 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 of chemical dependency alcohol 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 REQUIREMENTS FOR ALCOHOL AND DRUG 
  8.25  COUNSELORS; EVIDENCE FOR 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 qualified for initial 
  8.28  licensure under this subdivision under 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 must 
  8.34  have received 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 of chemical 
  9.1   dependency alcohol and drug counseling practicum; 
  9.2      (2) The applicant must have completed 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 have satisfactorily passed a written 
  9.6   examination as established by the commissioner.  
  9.7      (b) Unless the applicant qualifies for licensure under this 
  9.8   subdivision, an applicant must furnish evidence satisfactory to 
  9.9   the commissioner that the applicant has met the requirements of 
  9.10  paragraph (a), clauses (1) to (3).  
  9.11     Beginning two years after the effective date of the rules 
  9.12  authorized in section 148C.03, subdivision 1, no person may be 
  9.13  licensed without meeting the requirements in section 148C.04, 
  9.14  subdivision 4, paragraph (a), clauses (2) and (3), or the 
  9.15  special licensing criteria established pursuant to section 
  9.16  148C.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.  [ADDITIONAL LICENSING 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 must have received submit 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 completed including 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) annually complete a renewal application every two years 
 10.13  on a form provided by the commissioner and submit the annual 
 10.14  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 drug practicum internship, 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, and hotels, 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 a building, structure, enclosure, or any 
 13.11  part thereof used as, maintained as, advertised as, or held out 
 13.12  to be a place food and beverage service establishment where food 
 13.13  or nonalcoholic beverages, 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 a restaurant, 
 13.20  alcoholic beverage establishment, boarding establishment, mobile 
 13.21  food unit, seasonal food stand, food cart, or special event food 
 13.22  stand building, 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 
 13.31  limited to serving food that is not defined by rule as 
 13.32  potentially hazardous food, except precooked frankfurters and 
 13.33  other ready-to-eat link sausages self-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 location and 
 14.5   remaining 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 a building, 
 14.20  structure, enclosure, or any part thereof used as, maintained 
 14.21  as, advertised as, or held out to be a place where food or 
 14.22  nonalcoholic beverages are served or prepared for service to the 
 14.23  public food 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 stand that which is disassembled 
 15.2   and moved from location to location, remaining but which 
 15.3   operates no more than 14 days, annually, at any one place; or a 
 15.4   permanent food service stand or building that operates no more 
 15.5   than 14 days annually location. 
 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, used 
 15.11  not more than twice annually, and remaining and which operates 
 15.12  once or twice annually for no more than three consecutive seven 
 15.13  total days at 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 beverage 
 15.21  establishment, boarding establishment, lodging establishment, or 
 15.22  resort, mobile food unit, seasonal food stand, food cart, or 
 15.23  special event food stand or who thereafter engages in conducting 
 15.24  any 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 beverage 
 15.33  establishment, boarding establishment, lodging establishment, or 
 15.34  resort, mobile food unit, seasonal food stand, food cart, or 
 15.35  special 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, mobile 
 16.6   food units, seasonal food stands, and food carts shall 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 food 
 16.18  cart operating without a license or 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 all other food, beverage, and restaurants, food carts, 
 16.21  hotels, motels, lodging establishments, and resorts operating 
 16.22  without a license. 
 16.23     Subd. 3.  [ESTABLISHMENT FEES; DEFINITIONS.] For the 
 16.24  purposes of establishing food, beverage, and lodging 
 16.25  establishment fees, the following definitions have the meanings 
 16.26  given 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 that 
 17.20  was prepared elsewhere and provides (v) cleaning of for 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 and provides meets one or 
 17.27  more of the following: 
 17.28     (1) (i) possesses food service equipment that is limited to 
 17.29  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 that provides meets 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 in paragraph 
 18.14  (c), clause (1) or (2) clause (3), subclause (i) or (ii), for a 
 18.15  small establishment with full menu selection and: (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; or means 
 18.19     (ii) a service fee category that (1) meets the criteria in 
 18.20  paragraph (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 where 
 18.24  food is prepared and served from a mobile food unit, seasonal 
 18.25  food stand, or food cart. 
 18.26     (f) "Alcohol service from bar" means a fee category where 
 18.27  alcoholic mixed drinks are served, or where beer or wine are 
 18.28  served 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 water 
 19.1   supply other than a community public water supply as defined in 
 19.2   Minnesota Rules, chapter 4720. 
 19.3      (i) "Individual sewer" means a fee category with an 
 19.4   individual sewage treatment system which uses subsurface 
 19.5   treatment 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 where 
 19.26  food is prepared and served in conjunction with celebrations or 
 19.27  special events, but not more than twice annually, and where the 
 19.28  facility 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, a board boarding and lodging establishment or a 
 20.21  lodging establishment that provides supportive services or 
 20.22  health supervision services must register be 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, 
 21.5   alcoholic beverage establishment, boarding establishment, 
 21.6   lodging establishment, or resort, mobile food unit, seasonal 
 21.7   food stand, food cart, and special event food stand in this 
 21.8   state.  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, 
 22.10  restaurants, alcoholic beverage establishments, boarding 
 22.11  establishments, lodging establishments, and resorts, mobile food 
 22.12  units, seasonal food stands, food carts, and special event food 
 22.13  stands, 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.