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HF 2402

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 11:14am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 3rd Engrossment

A bill for an act
relating to state government; making changes to health and human services
policy provisions; modifying provisions relating to children and family
services, the provision of health services, chemical and mental health services,
health-related occupations, Department of Health, public health, continuing care,
public assistance programs, and health care; establishing reporting requirements
and grounds for disciplinary action for health professionals; making changes to
the medical assistance program; modifying provisions governing child care and
juvenile safety and placement; regulating the sale and use of tobacco-related and
electronic delivery devices; modifying requirements for local boards of health;
making changes to provisions governing the Board of Pharmacy; modifying
home and community-based services standards; revising the Minnesota family
investment program; establishing and modifying task forces and advisory
councils; making changes to grant programs; modifying certain penalty fees;
requiring studies and reports; authorizing rulemaking; appropriating money;
amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497,
subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.414,
subdivisions 2, 3, by adding a subdivision; 144.4165; 144D.065; 145.928, by
adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions;
145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended;
145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions;
145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131;
146A.01, subdivision 6; 148.01, subdivisions 1, 2, by adding a subdivision;
148.105, subdivision 1; 148.261, subdivision 4, by adding a subdivision;
148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1;
148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision
1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding
a subdivision; 148.7814; 148.995, subdivision 2; 148.996, subdivision 2;
148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01,
subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091,
subdivisions 3, 8, 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.361,
subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 152.126,
as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.09,
subdivision 3; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision;
214.29; 214.31; 214.32, by adding a subdivision; 214.33, subdivision 3, by
adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a;
245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding
a subdivision; 254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659,
subdivisions 11, 28; 256B.493, subdivision 1; 256B.5016, subdivision 1;
256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e;
256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by
adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04,
subdivisions 1a, 2a; 256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30,
subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49,
subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626,
subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751,
subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.212,
subdivision 2; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05;
325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855;
626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013
Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2;
144.494, subdivision 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision
3, by adding subdivisions; 144A.4799, subdivision 3; 145A.06, subdivision 7;
146A.11, subdivision 1; 151.252, by adding a subdivision; 152.02, subdivision
2; 245A.1435; 245A.50, subdivision 5; 245D.071, subdivisions 1, 4; 245D.09,
subdivisions 4, 4a, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04,
subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21;
256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85,
subdivision 12; 256D.44, subdivision 5; 256J.21, subdivision 2; 256J.24,
subdivision 3; 256J.621, subdivision 1; 256J.626, subdivision 6; 260.835,
subdivision 2; 364.09; 626.556, subdivision 7; 626.557, subdivision 9; Laws
2011, First Special Session chapter 9, article 7, section 7; article 9, section 17;
Laws 2013, chapter 108, article 7, section 60; 2014 H.F. No. 2950, article 1,
section 12, if enacted; proposing coding for new law in Minnesota Statutes,
chapters 144; 144D; 145; 146A; 150A; 151; 214; 245A; 260D; 325H; 403; 461;
repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03,
subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions
1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3;
148.7808, subdivision 2; 148.7813; 256.01, subdivision 32; 325H.06; 325H.08;
Minnesota Statutes 2013 Supplement, section 148.6440; Minnesota Rules, parts
2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, subpart 3;
9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 9505.5315;
9505.5325; 9525.1580.

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

ARTICLE 1

CHILDREN AND FAMILIES

Section 1.

Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to
read:


Subd. 19.

Family day care and group family day care child age classifications.

(a) For the purposes of family day care and group family day care licensing under this
chapter, the following terms have the meanings given them in this subdivision.

(b) "Newborn" means a child between birth and six weeks old.

(c) "Infant" means a child who is at least six weeks old but less than 12 months old.

(d) "Toddler" means a child who is at least 12 months old but less than 24 months
old, except that for purposes of specialized infant and toddler family and group family day
care, "toddler" means a child who is at least 12 months old but less than 30 months old.

(e) "Preschooler" means a child who is at least 24 months old up to the school age of
being eligible to enter kindergarten within the next four months
.

(f) "School age" means a child who is at least of sufficient age to have attended the
first day of kindergarten, or is eligible to enter kindergarten within the next four months
five years of age, but is younger than 11 years of age.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:


245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
DEATH IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place
the infant on the infant's back, unless the license holder has documentation from the
infant's physician directing an alternative sleeping position for the infant. The physician
directive must be on a form approved by the commissioner and must remain on file at the
licensed location. An infant who independently rolls onto its stomach after being placed to
sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
six months of age or the license holder has a signed statement from the parent indicating
that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with
a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
part 1511. The requirements of this section apply to license holders serving infants younger
than one year of age. Licensed child care providers must meet the crib requirements under
section 245A.146. A correction order shall not be issued under this paragraph unless there
is evidence that a violation occurred when an infant was present in the license holder's care.

(c) If an infant falls asleep before being placed in a crib, the license holder must
move the infant to a crib as soon as practicable, and must keep the infant within sight of
the license holder until the infant is placed in a crib. When an infant falls asleep while
being held, the license holder must consider the supervision needs of other children in
care when determining how long to hold the infant before placing the infant in a crib to
sleep. The sleeping infant must not be in a position where the airway may be blocked or
with anything covering the infant's face.

(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create a
swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
the license holder must obtain informed written consent for the use of swaddling from the
parent or guardian of the infant on a form provided by the commissioner and prepared in
partnership with the Minnesota Sudden Infant Death Center.

Sec. 3.

[245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
CARE LICENSE HOLDERS.

Contractors who serve multiple family child care holders may request that the
county agency maintain a record of:

(1) the contractor's background study results as required in section 245C.04,
subdivision 7, to verify that the contractor does not have a disqualification or a
disqualification that has not been set aside, and is eligible to provide direct contact services
in a licensed program; and

(2) the contractor's compliance with training requirements.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
amended to read:


Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden unexpected infant death. In addition,
license holders must document that before staff persons, caregivers, and helpers assist in
the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7.

(b) Sudden unexpected infant death reduction training required under this subdivision
must be at least one-half hour in length and must be completed in person at least once
every two years. On the years when the license holder is not receiving the in-person
training on sudden unexpected infant death reduction, the license holder must receive
sudden unexpected infant death reduction training through a video of no more than one
hour in length developed or approved by the commissioner.
, at a minimum, the training
must
address the risk factors related to sudden unexpected infant death, means of reducing
the risk of sudden unexpected infant death in child care, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant death.

(c) Abusive head trauma training required under this subdivision must be at least
one-half hour in length and must be completed at least once every year.
, at a minimum,
the training must address the risk factors related to shaking infants and young children,
means of reducing the risk of abusive head trauma in child care, and license holder
communication with parents regarding reducing the risk of abusive head trauma.

(d) Training for family and group family child care providers must be developed
by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
approved by the Minnesota Center for Professional Development. Sudden unexpected
infant death reduction training and abusive head trauma training may be provided in a
single course of no more than two hours in length.

(e) Sudden unexpected infant death reduction training and abusive head trauma
training required under this subdivision must be completed in person or as allowed under
subdivision 10, clause (1) or (2), at least once every two years. On the years when the
license holder is not receiving training in person or as allowed under subdivision 10,
clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or approved by the commissioner.

EFFECTIVE DATE.

This section is effective January 1, 2015.

Sec. 5.

Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
to read:


Subd. 7.

Current or prospective contractors serving multiple family child care
license holders.

Current or prospective contractors who are required to have a background
study under section 245C.03, subdivision 1, who provide services for multiple family
child care license holders in a single county, and will have direct contact with children
served in the family child care setting are required to have only one background study
which is transferable to all family child care programs in that county if:

(1) the county agency maintains a record of the contractor's background study results
which verify the contractor is approved to have direct contact with children receiving
services;

(2) the license holder contacts the county agency and obtains notice that the current
or prospective contractor is in compliance with background study requirements and
approved to have direct contact; and

(3) the contractor's background study is repeated every two years.

Sec. 6.

Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read:


Subd. 2.

Placement decisions based on best interests of the child.

(a) The
policy of the state of Minnesota is to ensure that the child's best interests are met by
requiring an individualized determination of the needs of the child and of how the selected
placement will serve the needs of the child being placed. The authorized child-placing
agency shall place a child, released by court order or by voluntary release by the parent
or parents, in a family foster home selected by considering placement with relatives and
important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

(b) Among the factors the agency shall consider in determining the needs of the
child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives; and

(10) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
preferences.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is documented that a joint placement would be contrary to the
safety or well-being of any of the siblings or unless it is not possible after reasonable
efforts by the responsible social services agency. In cases where siblings cannot be placed
together, the agency is required to provide frequent visitation or other ongoing interaction
between siblings unless the agency documents that the interaction would be contrary to
the safety or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the
following requirements must be satisfied before the approval of a foster or adoptive
placement in a related or unrelated home: (1)
a completed background study is required
under section 245C.08 before the approval of a foster placement in a related or unrelated
home
; and (2) a completed review of the written home study required under section
260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective
foster or adoptive parent to ensure the placement will meet the needs of the individual child
.

Sec. 7.

Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:


Subd. 4.

Duties of commissioner.

The commissioner of human services shall:

(1) provide practice guidance to responsible social services agencies and child-placing
agencies that reflect federal and state laws and policy direction on placement of children;

(2) develop criteria for determining whether a prospective adoptive or foster family
has the ability to understand and validate the child's cultural background;

(3) provide a standardized training curriculum for adoption and foster care workers
and administrators who work with children. Training must address the following objectives:

(i) developing and maintaining sensitivity to all cultures;

(ii) assessing values and their cultural implications;

(iii) making individualized placement decisions that advance the best interests of a
particular child under section 260C.212, subdivision 2; and

(iv) issues related to cross-cultural placement;

(4) provide a training curriculum for all prospective adoptive and foster families that
prepares them to care for the needs of adoptive and foster children taking into consideration
the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);

(5) develop and provide to agencies a home study format to assess the capacities
and needs of prospective adoptive and foster families. The format must address
problem-solving skills; parenting skills; evaluate the degree to which the prospective
family has the ability to understand and validate the child's cultural background, and other
issues needed to provide sufficient information for agencies to make an individualized
placement decision consistent with section 260C.212, subdivision 2. For a study of a
prospective foster parent, the format must also address the capacity of the prospective
foster parent to provide a safe, healthy, smoke-free home environment.
If a prospective
adoptive parent has also been a foster parent, any update necessary to a home study for
the purpose of adoption may be completed by the licensing authority responsible for the
foster parent's license. If a prospective adoptive parent with an approved adoptive home
study also applies for a foster care license, the license application may be made with the
same agency which provided the adoptive home study; and

(6) consult with representatives reflecting diverse populations from the councils
established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
community organizations.

Sec. 8.

Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:


Subd. 6.

Duties of child-placing agencies.

(a) Each authorized child-placing
agency must:

(1) develop and follow procedures for implementing the requirements of section
260C.212, subdivision 2, and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923;

(2) have a written plan for recruiting adoptive and foster families that reflect the
ethnic and racial diversity of children who are in need of foster and adoptive homes.
The plan must include:

(i) strategies for using existing resources in diverse communities;

(ii) use of diverse outreach staff wherever possible;

(iii) use of diverse foster homes for placements after birth and before adoption; and

(iv) other techniques as appropriate;

(3) have a written plan for training adoptive and foster families;

(4) have a written plan for employing staff in adoption and foster care who have
the capacity to assess the foster and adoptive parents' ability to understand and validate a
child's cultural and meet the child's individual needs, and to advance the best interests of
the child, as required in section 260C.212, subdivision 2. The plan must include staffing
goals and objectives;

(5) ensure that adoption and foster care workers attend training offered or approved
by the Department of Human Services regarding cultural diversity and the needs of special
needs children; and

(6) develop and implement procedures for implementing the requirements of the
Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and

(7) ensure that children in foster care are protected from the effects of secondhand
smoke and that licensed foster homes maintain a smoke-free environment in compliance
with subdivision 9.

(b) In determining the suitability of a proposed placement of an Indian child, the
standards to be applied must be the prevailing social and cultural standards of the Indian
child's community, and the agency shall defer to tribal judgment as to suitability of a
particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

Sec. 9.

Minnesota Statutes 2012, section 260C.215, is amended by adding a
subdivision to read:


Subd. 9.

Preventing exposure to secondhand smoke for children in foster care.

(a) A child in foster care shall not be exposed to any type of secondhand smoke in the
following settings:

(1) a licensed foster home or any enclosed space connected to the home, including a
garage, porch, deck, or similar space; or

(2) a motor vehicle while a foster child is transported.

(b) Smoking in outdoor areas on the premises of the home is permitted, except when
a foster child is present and exposed to secondhand smoke.

(c) The home study required in subdivision 4, clause (5), must include a plan to
maintain a smoke-free environment for foster children.

(d) If a foster parent fails to provide a smoke-free environment for a foster child, the
child-placing agency must ask the foster parent to comply with a plan that includes training
on the health risks of exposure to secondhand smoke. If the agency determines that the
foster parent is unable to provide a smoke-free environment and that the home environment
constitutes a health risk to a foster child, the agency must reassess whether the placement
is based on the child's best interests consistent with section 260C.212, subdivision 2.

(e) Nothing in this subdivision shall delay the placement of a child with a relative,
consistent with section 245A.035, unless the relative is unable to provide for the
immediate health needs of the individual child.

(f) If a child's best interests would most effectively be served by placement in a home
which will not meet the requirements of paragraph (a), the failure to meet the requirements
of paragraph (a) shall not be a cause to deny placement in that home.

(g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a
basis for denying placement pursuant to the provisions of the federal Indian Child Welfare
Act or Minnesota Indian Family Preservation Act.

(h) Nothing in this subdivision shall be interpreted to interfere with traditional or
spiritual Native American or religious ceremonies involving the use of tobacco.

Sec. 10.

Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:


Subd. 11c.

Welfare, court services agency, and school records maintained.

Notwithstanding sections 138.163 and 138.17, records maintained or records derived
from reports of abuse by local welfare agencies, agencies responsible for assessing or
investigating the report, court services agencies, or schools under this section shall be
destroyed as provided in paragraphs (a) to (d) by the responsible authority.

(a) For family assessment cases and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the assessment or
investigation records must be maintained for a period of four years. Records under this
paragraph may not be used for employment, background checks, or purposes other than to
assist in future risk and safety assessments.

(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph (d), shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

(e) For reports alleging child maltreatment that were not accepted for assessment
or investigation, counties shall maintain sufficient information to identify repeat reports
alleging maltreatment of the same child or children for 365 days from the date the report
was screened out. The commissioner of human services shall specify to the counties the
minimum information needed to accomplish this purpose. Counties shall enter this data
into the state social services information system.

Sec. 11.

2014 H.F. No. 2950, article 1, section 12, if enacted, is amended to read:


Sec. 12. REPEALER.

(a) Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision
2; 119B.23; 119B.231; 119B.232; 256.01, subdivisions 3, 14, and 14a; 256.9792;
256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b
and 5; 256I.07; 256K.35; 259.85, subdivisions 2, 3, 4, and 5; 518A.53, subdivision 7;
518A.74; and 626.5593, are repealed.

(b) Minnesota Statutes 2012, section 256J.24, subdivision 10, is repealed effective
October 1, 2014.

(c) Minnesota Statutes 2013 Supplement, section 259.85, subdivision 1, is repealed.

Sec. 12. MINNESOTA TANF EXPENDITURES TASK FORCE.

Subdivision 1.

Establishment.

The Minnesota TANF Expenditures Task Force is
established to analyze past temporary assistance for needy families (TANF) expenditures
and make recommendations as to which, if any, programs currently receiving TANF
funding should be funded by the general fund so that a greater portion of TANF funds
can go directly to Minnesota families receiving assistance through the Minnesota family
investment program under Minnesota Statutes, chapter 256J.

Subd. 2.

Membership; meetings; staff.

(a) The task force shall be composed of the
following members who serve at the pleasure of their appointing authority:

(1) one representative of the Department of Human Services appointed by the
commissioner of human services;

(2) one representative of the Department of Management and Budget appointed by
the commissioner of management and budget;

(3) one representative of the Department of Health appointed by the commissioner
of health;

(4) one representative of the Local Public Health Association of Minnesota;

(5) two representatives of county government appointed by the Association of
Minnesota Counties, one representing counties in the seven-county metropolitan area
and one representing all other counties;

(6) one representative of the Minnesota Legal Services Coalition;

(7) one representative of the Children's Defense Fund of Minnesota;

(8) one representative of the Minnesota Coalition for the Homeless;

(9) one representative of the Welfare Rights Coalition;

(10) two members of the house of representatives, one appointed by the speaker of
the house and one appointed by the minority leader; and

(11) two members of the senate, including one member of the minority party,
appointed according to the rules of the senate.

(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
shall serve without compensation or reimbursement of expenses.

(c) The commissioner of human services must convene the first meeting of the
Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
least quarterly.

(d) Staffing and technical assistance shall be provided within available resources by
the Department of Human Services, children and family services division.

Subd. 3.

Duties.

(a) The task force must report on past expenditures of the TANF
block grant, including a determination of whether or not programs for which TANF funds
have been appropriated meet the purposes of the TANF program as defined under Code of
Federal Regulations, title 45, section 260.20, and make recommendations as to which,
if any, programs currently receiving TANF funds should be funded by the general fund.
In making recommendations on program funding sources, the task force shall consider
the following:

(1) the original purpose of the TANF block grant under Code of Federal Regulations,
title 45, section 260.20;

(2) potential overlap of the population eligible for the Minnesota family investment
program cash grant and the other programs currently receiving TANF funds;

(3) the ability for TANF funds, as appropriated under current law, to effectively help
the lowest-income Minnesotans out of poverty;

(4) the impact of past expenditures on families who may be eligible for assistance
through TANF;

(5) the ability of TANF funds to support effective parenting and optimal brain
development in children under five years old; and

(6) the role of noncash assistance expenditures in maintaining compliance with
federal law.

(b) In preparing the recommendations under paragraph (a), the task force shall
consult with appropriate Department of Human Services information technology staff
regarding implementation of the recommendations.

Subd. 4.

Report.

(a) The task force must submit an initial report by November
30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance.

(b) The task force must submit a final report by February 1, 2015, analyzing past
TANF expenditures and making recommendations as to which programs, if any, currently
receiving TANF funding should be funded by the general fund, including any phase-in
period and draft legislation necessary for implementation, to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance.

Subd. 5.

Expiration.

This section expires March 1, 2015, or upon submission of the
final report required under subdivision 4, whichever is earlier.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 2

PROVISION OF HEALTH SERVICES

Section 1.

[150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.

Subdivision 1.

Practice of dentistry.

A person licensed to practice dentistry under
sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
in the administration of an influenza vaccination.

Subd. 2.

Qualified dentists.

(a) The influenza immunization shall be administered
only to patients 19 years of age and older and only by licensed dentists who:

(1) have immediate access to emergency response equipment, including but not
limited to oxygen administration equipment, epinephrine, and other allergic reaction
response equipment; and

(2) are trained in or have successfully completed a program approved by the
Minnesota Board of Dentistry, specifically for the administration of immunizations. The
training or program must include:

(i) educational material on the disease of influenza and vaccination as prevention
of the disease;

(ii) contraindications and precautions;

(iii) intramuscular administration;

(iv) communication of risk and benefits of influenza vaccination and legal
requirements involved;

(v) reporting of adverse events;

(vi) documentation required by federal law; and

(vii) storage and handling of vaccines.

(b) Any dentist giving influenza vaccinations under this section shall comply
with guidelines established by the federal Advisory Committee on Immunization
Practices relating to vaccines and immunizations, which includes, but is not limited to,
vaccine storage and handling, vaccine administration and documentation, and vaccine
contraindications and precautions.

Subd. 3.

Coordination of care.

After a dentist qualified under subdivision 2 has
administered an influenza vaccine to a patient, the dentist shall report the administration of
the immunization to the Minnesota Immunization Information Connection or otherwise
notify the patient's primary physician or clinic of the administration of the immunization.

EFFECTIVE DATE.

This section is effective January 1, 2015, and applies to
influenza immunizations performed on or after that date.

Sec. 2.

[151.71] MAXIMUM ALLOWABLE COST PRICING.

Subdivision 1.

Definition.

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

(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision
4.

(c) "Pharmacy benefit manager" means an entity doing business in this state that
contracts to administer or manage prescription drug benefits on behalf of any health plan
company that provides prescription drug benefits to residents of this state.

Subd. 2.

Pharmacy benefit manager contracts with pharmacies; maximum
allowable cost pricing.

(a) In each contract between a pharmacy benefit manager and
a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit
manager a current list of the sources used to determine maximum allowable cost pricing.
The pharmacy benefit manager shall update the pricing information at least every seven
business days and provide a means by which contracted pharmacies may promptly review
current prices in an electronic, print, or telephonic format within one business day at no
cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate
products from the list of drugs subject to maximum allowable cost pricing in a timely
manner in order to remain consistent with changes in the marketplace.

(b) In order to place a prescription drug on a maximum allowable cost list, a
pharmacy benefit manager shall ensure that the drug is generally available for purchase by
pharmacies in this state from a national or regional wholesaler and is not obsolete.

(c) Each contract between a pharmacy benefit manager and a pharmacy must include
a process to appeal, investigate, and resolve disputes regarding maximum allowable cost
pricing that includes:

(1) a 15-business day limit on the right to appeal following the initial claim;

(2) a requirement that the appeal be investigated and resolved within seven business
days after the appeal is received; and

(3) a requirement that a pharmacy benefit manager provide a reason for any appeal
denial and identify the national drug code of a drug that may be purchased by the
pharmacy at a price at or below the maximum allowable cost price as determined by
the pharmacy benefit manager.

(d) If an appeal is upheld, the pharmacy benefit manager shall make an adjustment
to the maximum allowable cost price no later than one business day after the date of
determination. The pharmacy benefit manager shall make the price adjustment applicable
to all similarly situated network pharmacy providers as defined by the plan sponsor.

EFFECTIVE DATE.

This section is effective January 1, 2015.

Sec. 3.

Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
113, article 3, section 3, is amended to read:


152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
REPORTING SYSTEM
PRESCRIPTION MONITORING PROGRAM.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in
this subdivision have the meanings given.

(a) (b) "Board" means the Minnesota State Board of Pharmacy established under
chapter 151.

(b) (c) "Controlled substances" means those substances listed in section 152.02,
subdivisions 3 to 5 6, and those substances defined by the board pursuant to section
152.02, subdivisions 7, 8, and 12. For the purposes of this section, controlled substances
includes tramadol and butalbital.

(c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision 30
. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.

(d) (e) "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
not include a licensed hospital pharmacy that distributes controlled substances for inpatient
hospital care or a veterinarian who is dispensing prescriptions under section 156.18.

(e) (f) "Prescriber" means a licensed health care professional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1 or 2.

(f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.

Subd. 1a.

Treatment of intractable pain.

This section is not intended to limit or
interfere with the legitimate prescribing of controlled substances for pain. No prescriber
shall be subject to disciplinary action by a health-related licensing board for prescribing a
controlled substance according to the provisions of section 152.125.

Subd. 2.

Prescription electronic reporting system.

(a) The board shall establish
by January 1, 2010, an electronic system for reporting the information required under
subdivision 4 for all controlled substances dispensed within the state.

(b) The board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, operation, and maintenance of the electronic
reporting system.

Subd. 3.

Prescription Electronic Reporting Monitoring Program Advisory
Committee Task Force.

(a) The board shall convene shall appoint an advisory committee.
The committee must include
task force consisting of at least one representative of:

(1) the Department of Health;

(2) the Department of Human Services;

(3) each health-related licensing board that licenses prescribers;

(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;

(5) a professional pharmacy association;

(6) a professional nursing association;

(7) a professional dental association;

(8) a consumer privacy or security advocate; and

(9) a consumer or patient rights organization; and

(10) an association of medical examiners and coroners.

(b) The advisory committee task force shall advise the board on the development and
operation of the electronic reporting system prescription monitoring program, including,
but not limited to:

(1) technical standards for electronic prescription drug reporting;

(2) proper analysis and interpretation of prescription monitoring data; and

(3) an evaluation process for the program; and

(4) criteria for the unsolicited provision of prescription monitoring data by the
board to prescribers and dispensers
.

(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
subdivision 5, the task force shall not expire.

Subd. 4.

Reporting requirements; notice.

(a) Each dispenser must submit the
following data to the board or its designated vendor, subject to the notice required under
paragraph (d)
:

(1) name of the prescriber;

(2) national provider identifier of the prescriber;

(3) name of the dispenser;

(4) national provider identifier of the dispenser;

(5) prescription number;

(6) name of the patient for whom the prescription was written;

(7) address of the patient for whom the prescription was written;

(8) date of birth of the patient for whom the prescription was written;

(9) date the prescription was written;

(10) date the prescription was filled;

(11) name and strength of the controlled substance;

(12) quantity of controlled substance prescribed;

(13) quantity of controlled substance dispensed; and

(14) number of days supply.

(b) The dispenser must submit the required information by a procedure and in a
format established by the board. The board may allow dispensers to omit data listed in this
subdivision or may require the submission of data not listed in this subdivision provided
the omission or submission is necessary for the purpose of complying with the electronic
reporting or data transmission standards of the American Society for Automation in
Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
standard-setting body.

(c) A dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for:

(1) individuals residing in licensed skilled nursing or intermediate care facilities;

(2) individuals receiving assisted living services under chapter 144G or through a
medical assistance home and community-based waiver;

(3) individuals receiving medication intravenously;

(4) individuals receiving hospice and other palliative or end-of-life care; and

(5) individuals receiving services from a home care provider regulated under chapter
144A.

(1) individuals residing in a health care facility as defined in section 151.58,
subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
drug distribution system according to section 151.58; and

(2) individuals receiving a drug sample that was packaged by a manufacturer and
provided to the dispenser for dispensing as a professional sample pursuant to Code of
Federal Regulations, title 21, part 203, subpart D.

(d) A dispenser must not submit data under this subdivision unless provide to the
patient for whom the prescription was written
a conspicuous notice of the reporting
requirements of this section is given to the patient for whom the prescription was written
and notice that the information may be used for program administration purposes.

Subd. 5.

Use of data by board.

(a) The board shall develop and maintain a database
of the data reported under subdivision 4. The board shall maintain data that could identify
an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
under subdivision 6,
the database may be used by permissible users identified under
subdivision 6 for the identification of:

(1) individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or with a
frequency inconsistent with generally recognized standards of use for those controlled
substances, including standards accepted by national and international pain management
associations; and

(2) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.

(b) No permissible user identified under subdivision 6 may access the database
for the sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.

(c) No personnel of a state or federal occupational licensing board or agency may
access the database for the purpose of obtaining information to be used to initiate or
substantiate a disciplinary action against a prescriber.

(d) Data reported under subdivision 4 shall be retained by the board in the database
for a 12-month period, and shall be
removed from the database no later than 12 months
from the last day of the month during
which the data was received. made available to
permissible users for a 12-month period beginning the day the data was received and
ending 12 months from the last day of the month in which the data was received, except
that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may
use all data collected under this section for the purposes of administering, operating,
and maintaining the prescription monitoring program and conducting trend analyses
and other studies necessary to evaluate the effectiveness of the program. Data retained
beyond 24 months must be de-identified.

(e) The board shall not retain data reported under subdivision 4 for a period longer
than four years from the date the data was received.

Subd. 6.

Access to reporting system data.

(a) Except as indicated in this
subdivision, the data submitted to the board under subdivision 4 is private data on
individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.

(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:

(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is:

(i) prescribing or considering prescribing any controlled substance;

(ii) providing emergency medical treatment for which access to the data may be
necessary; or

(iii) providing other medical treatment for which access to the data may be necessary
and the patient has consented to access to the submitted data,
and with the provision that
the prescriber remains responsible for the use or misuse of data accessed by a delegated
agent or employee;

(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically
to a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;

(3) a licensed pharmacist who is providing pharmaceutical care for which access
to the data may be necessary to the extent that the information relates specifically to a
current patient for whom the pharmacist is providing pharmaceutical care if the patient has
consented to access to the submitted data;

(3) (4) an individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4, or a guardian of the individual, parent or
guardian of a minor, or health care agent of the individual acting under a health care
directive under chapter 145C;

(4) (5) personnel of the board specifically assigned to conduct a bona fide
investigation of a specific licensee;

(5) (6) personnel of the board engaged in the collection, review, and analysis
of controlled substance prescription information as part of the assigned duties and
responsibilities under this section;

(6) (7) authorized personnel of a vendor under contract with the board state of
Minnesota
who are engaged in the design, implementation, operation, and maintenance of
the electronic reporting system prescription monitoring program as part of the assigned
duties and responsibilities of their employment, provided that access to data is limited to
the minimum amount necessary to carry out such duties and responsibilities, and subject
to the requirement of de-identification and time limit on retention of data specified in
subdivision 5, paragraphs (d) and (e)
;

(7) (8) federal, state, and local law enforcement authorities acting pursuant to a
valid search warrant;

(8) (9) personnel of the medical assistance program Minnesota health care programs
assigned to use the data collected under this section to identify and manage recipients
whose usage of controlled substances may warrant restriction to a single primary care
physician provider, a single outpatient pharmacy, or and a single hospital; and

(9) (10) personnel of the Department of Human Services assigned to access the
data pursuant to paragraph (h); and

(11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is
currently enrolled in and being monitored by the program, and the individual consents to
access to that information. The health professionals services program personnel shall not
provide this data to a health-related licensing board or the Emergency Medical Services
Regulatory Board, except as permitted under section 214.33, subdivision 3
.

For purposes of clause (3) (4), access by an individual includes persons in the
definition of an individual under section 13.02.

(c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (3), (6),
(7), (9), and (10) may
directly accesses access the data electronically,. If the data is directly
accessed electronically, the permissible user
shall implement and maintain a comprehensive
information security program that contains administrative, technical, and physical
safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
personal information obtained. The permissible user shall identify reasonably foreseeable
internal and external risks to the security, confidentiality, and integrity of personal
information that could result in the unauthorized disclosure, misuse, or other compromise
of the information and assess the sufficiency of any safeguards in place to control the risks.

(d) The board shall not release data submitted under this section subdivision 4 unless
it is provided with evidence, satisfactory to the board, that the person requesting the
information is entitled to receive the data.

(e) The board shall not release the name of a prescriber without the written consent
of the prescriber or a valid search warrant or court order. The board shall provide a
mechanism for a prescriber to submit to the board a signed consent authorizing the release
of the prescriber's name when data containing the prescriber's name is requested.

(f) (e) The board shall maintain a log of all persons who access the data for a period
of at least three years
and shall ensure that any permissible user complies with paragraph
(c) prior to attaining direct access to the data.

(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for
any purpose not specified in this section.

(g) The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data
only as allowed under this section, and that section 13.05, subdivision 6, applies to any
contract or memorandum of understanding that the board enters into under this paragraph.
The board shall report to the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over health and human services policy and
finance on the interstate prescription monitoring program by January 5, 2016.

(h) With available appropriations, the commissioner of human services shall
establish and implement a system through which the Department of Human Services shall
routinely access the data for the purpose of determining whether any client enrolled in
an opioid treatment program licensed according to chapter 245A has been prescribed or
dispensed a controlled substance in addition to that administered or dispensed by the
opioid treatment program. When the commissioner determines there have been multiple
prescribers or multiple prescriptions of controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data
directly, review the effect of the multiple prescribers or multiple prescriptions, and
document the review.

If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
2.34, item (c), prior to implementing this paragraph.

(i) The board shall review the data submitted under subdivision 4 on at least a
quarterly basis and shall establish criteria, in consultation with the advisory task force,
for referring information about a patient to prescribers and dispensers who prescribed or
dispensed the prescriptions in question if the criteria are met. The board shall report
to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over health and human services policy and finance on the
criteria established under this paragraph and the review process by January 5, 2016. This
paragraph expires August 1, 2016.

Subd. 7.

Disciplinary action.

(a) A dispenser who knowingly fails to submit data to
the board as required under this section is subject to disciplinary action by the appropriate
health-related licensing board.

(b) A prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of health care data
shall be subject to disciplinary action by the appropriate health-related licensing board,
and appropriate civil penalties.

Subd. 8.

Evaluation and reporting.

(a) The board shall evaluate the prescription
electronic reporting system to determine if the system is negatively impacting appropriate
prescribing practices of controlled substances. The board may contract with a vendor to
design and conduct the evaluation.

(b) The board shall submit the evaluation of the system to the legislature by July
15, 2011.

Subd. 9.

Immunity from liability; no requirement to obtain information.

(a) A
pharmacist, prescriber, or other dispenser making a report to the program in good faith
under this section is immune from any civil, criminal, or administrative liability, which
might otherwise be incurred or imposed as a result of the report, or on the basis that the
pharmacist or prescriber did or did not seek or obtain or use information from the program.

(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
to obtain information about a patient from the program, and the pharmacist, prescriber,
or other dispenser, if acting in good faith, is immune from any civil, criminal, or
administrative liability that might otherwise be incurred or imposed for requesting,
receiving, or using information from the program.

Subd. 10.

Funding.

(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription electronic reporting system monitoring
program
established under this section. Any funds received shall be appropriated to the
board for this purpose. The board may not expend funds to enhance the program in a way
that conflicts with this section without seeking approval from the legislature.

(b) Notwithstanding any other section, the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
be paid through fees by each respective board. The amount apportioned to each board
shall equal each board's share of the annual appropriation to the Board of Pharmacy
from the state government special revenue fund for operating the prescription electronic
reporting system
monitoring program under this section. Each board's apportioned share
shall be based on the number of prescribers or dispensers that each board identified in
this paragraph licenses as a percentage of the total number of prescribers and dispensers
licensed collectively by these boards. Each respective board may adjust the fees that the
boards are required to collect to compensate for the amount apportioned to each board by
the administrative services unit.

Sec. 4. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
DATABASE.

(a) The Board of Pharmacy, in collaboration with the Prescription Monitoring
Program Advisory Task Force, shall study the program database and report to the chairs
and ranking minority members of the senate health and human services policy and finance
division and the house of representatives health and human services policy and finance
committees by December 15, 2014, with recommendations on: (1) requiring the use of the
prescription monitoring by prescribers when prescribing or considering prescribing, and
pharmacists when dispensing or considering dispensing, a controlled substance as defined
in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); (2) allowing for the
use of the prescription monitoring program database to identify potentially inappropriate
prescribing of controlled substances; and (3) encouraging access to appropriate treatment
for prescription drug abuse through the prescription monitoring program.

(b) The Board of Pharmacy, in collaboration with the prescription monitoring
program advisory task force, shall conduct a study designed to assess the impact of the
prescription monitoring program on the level of doctor-shopping activities and report
to the chairs and ranking minority members of the senate and house of representatives
committees and divisions with jurisdiction on health and human services policy and
finance by December 15, 2016.

ARTICLE 3

CHEMICAL AND MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
read:


Subd. 6a.

Adult foster care homes serving people with mental illness;
certification.

(a) The commissioner of human services shall issue a mental health
certification for adult foster care homes licensed under this chapter and Minnesota Rules,
parts 9555.5105 to 9555.6265, or community residential settings licensed under chapter
245D,
that serve people with a primary diagnosis of mental illness where the home is not
the primary residence of the license holder when a provider is determined to have met
the requirements under paragraph (b). This certification is voluntary for license holders.
The certification shall be printed on the license, and identified on the commissioner's
public Web site.

(b) The requirements for certification are:

(1) all staff working in the adult foster care home or community residential setting
have received at least seven hours of annual training under paragraph (c) covering all
of the following topics:

(i) mental health diagnoses;

(ii) mental health crisis response and de-escalation techniques;

(iii) recovery from mental illness;

(iv) treatment options including evidence-based practices;

(v) medications and their side effects;

(vi) suicide intervention, identifying suicide warning signs, and appropriate
responses;

(vii) co-occurring substance abuse and health conditions; and

(vii) (viii) community resources;

(2) a mental health professional, as defined in section 245.462, subdivision 18, or
a mental health practitioner as defined in section 245.462, subdivision 17, are available
for consultation and assistance;

(3) there is a plan and protocol in place to address a mental health crisis; and

(4) there is a crisis plan for each individual's Individual Placement Agreement
individual that identifies who is providing clinical services and their contact information,
and includes an individual crisis prevention and management plan developed with the
individual.

(c) The training curriculum must be approved by the commissioner of human
services and must include a testing component after training is completed. Training must
be provided by a mental health professional or a mental health practitioner. Training may
also be provided by an individual living with a mental illness or a family member of such
an individual, who is from a nonprofit organization with a history of providing educational
classes on mental illnesses approved by the Department of Human Services to deliver
mental health training. Staff must receive three hours of training in the areas specified in
paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The
remaining hours of mandatory training, including a review of the information in paragraph
(b), clause (1), item (ii), must be completed within six months of the hire date. For
programs licensed under chapter 245D, training under this section may be incorporated
into the 30 hours of staff orientation required under section 245D.09, subdivision 4.

(c) (d) License holders seeking certification under this subdivision must request this
certification on forms provided by the commissioner and must submit the request to the
county licensing agency in which the home or community residential setting is located.
The county licensing agency must forward the request to the commissioner with a county
recommendation regarding whether the commissioner should issue the certification.

(d) (e) Ongoing compliance with the certification requirements under paragraph (b)
shall be reviewed by the county licensing agency at each licensing review. When a county
licensing agency determines that the requirements of paragraph (b) are not met, the county
shall inform the commissioner, and the commissioner will remove the certification.

(e) (f) A denial of the certification or the removal of the certification based on a
determination that the requirements under paragraph (b) have not been met by the adult
foster care or community residential setting license holder are not subject to appeal. A
license holder that has been denied a certification or that has had a certification removed
may again request certification when the license holder is in compliance with the
requirements of paragraph (b).

Sec. 2.

Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:


245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.

(a) The commissioner of human services shall issue a mental health certification
for services licensed under this chapter when a license holder is determined to have met
the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification
is voluntary for license holders. The certification shall be printed on the license and
identified on the commissioner's public Web site.

(b) The requirements for certification are:

(1) all staff have received at least seven hours of annual training covering all of
the following topics:

(i) mental health diagnoses;

(ii) mental health crisis response and de-escalation techniques;

(iii) recovery from mental illness;

(iv) treatment options, including evidence-based practices;

(v) medications and their side effects;

(vi) co-occurring substance abuse and health conditions; and

(vii) community resources;

(2) a mental health professional, as defined in section 245.462, subdivision 18, or a
mental health practitioner as defined in section 245.462, subdivision 17, is available
for consultation and assistance;

(3) there is a plan and protocol in place to address a mental health crisis; and

(4) each person's individual service and support plan identifies who is providing
clinical services and their contact information, and includes an individual crisis prevention
and management plan developed with the person.

(c) License holders seeking certification under this section must request this
certification on forms and in the manner prescribed by the commissioner.

(d) (c) If the commissioner finds that the license holder has failed to comply with
the certification requirements under section 245A.03, subdivision 6a, paragraph (b),
the commissioner may issue a correction order and an order of conditional license in
accordance with section 245A.06 or may issue a sanction in accordance with section
245A.07, including and up to removal of the certification.

(e) (d) A denial of the certification or the removal of the certification based on a
determination that the requirements under section 245A.03, subdivision 6a, paragraph
(b) have not been met is not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request certification when
the license holder is in compliance with the requirements of section 245A.03, subdivision
6a,
paragraph (b).

Sec. 3.

Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:


Subd. 2.

Administration without judicial review.

Neuroleptic medications may be
administered without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration
of neuroleptic medication, but prepared a health care directive under chapter 145C or a
declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
agent or proxy to request treatment, and the agent or proxy has requested the treatment;

(3) the patient has been prescribed neuroleptic medication prior to admission to a
treatment facility, but lacks the capacity to consent to the administration of that neuroleptic
medication; continued administration of the medication is in the patient's best interest;
and the patient does not refuse administration of the medication. In this situation, the
previously prescribed neuroleptic medication may be continued for up to 14 days while
the treating physician:

(i) is obtaining a substitute decision-maker appointed by the court under subdivision
6; or

(ii) is requesting an amendment to a current court order authorizing administration
of neuroleptic medication;

(4) a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
medication; or

(4) (5) the substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
amended to read:


Subd. 2.

Membership terms, compensation, removal and expiration.

The
membership of this council shall be composed of 17 persons who are American Indians
and who are appointed by the commissioner. The commissioner shall appoint one
representative from each of the following groups: Red Lake Band of Chippewa Indians;
Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
and two representatives from the Minneapolis Urban Indian Community and two from the
St. Paul Urban Indian Community. The terms, compensation, and removal of American
Indian Advisory Council members shall be as provided in section 15.059. The council
expires June 30, 2014 2018.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:


254A.04 CITIZENS ADVISORY COUNCIL.

There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
advise the Department of Human Services concerning the problems of alcohol and
other drug dependency and abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency and abuse;
and five members whose interests or training are in the field of dependency and abuse of
drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section 15.059. The council expires June 30, 2014 2018. The commissioner
of human services shall appoint members whose terms end in even-numbered years. The
commissioner of health shall appoint members whose terms end in odd-numbered years.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
to read:


Subd. 8.

Culturally specific program.

(a) "Culturally specific program" means a
substance use disorder treatment service program that is recovery-focused and culturally
specific when the program:

(1) improves service quality to and outcomes of a specific population by advancing
health equity to help eliminate health disparities; and

(2) ensures effective, equitable, comprehensive, and respectful quality care services
that are responsive to an individual within a specific population's values, beliefs and
practices, health literacy, preferred language, and other communication needs.

(b) A tribally licensed substance use disorder program that is designated as serving
a culturally specific population by the applicable tribal government is deemed to satisfy
this subdivision.

Sec. 7.

Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for
chemical dependency services and service enhancements funded under this chapter.

(b) Eligible chemical dependency treatment services include:

(1) outpatient treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license;

(2) medication-assisted therapy services that are licensed according to Minnesota
Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;

(3) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (2) and provide nine hours of clinical services each week;

(4) high, medium, and low intensity residential treatment services that are licensed
according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
tribal license which provide, respectively, 30, 15, and five hours of clinical services each
week;

(5) hospital-based treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
sections 144.50 to 144.56;

(6) adolescent treatment programs that are licensed as outpatient treatment programs
according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and

(7) room and board facilities that meet the requirements of section 254B.05,
subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the
requirements of paragraph (b) and the following additional requirements:

(1) programs that serve parents with their children if the program meets the
additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child
care that meets the requirements of section 245A.03, subdivision 2, during hours of
treatment activity;

(2) culturally specific programs serving special populations as defined in section
254B.01, subdivision 8,
if the program meets the requirements in Minnesota Rules, part
9530.6605, subpart 13;

(3) programs that offer medical services delivered by appropriately credentialed
health care staff in an amount equal to two hours per client per week; and

(4) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

(i) the program meets the co-occurring requirements in Minnesota Rules, part
9530.6495;

(ii) 25 percent of the counseling staff are mental health professionals, as defined in
section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
under the supervision of a licensed alcohol and drug counselor supervisor and licensed
mental health professional, except that no more than 50 percent of the mental health staff
may be students or licensing candidates;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a
monthly review for each client;

(v) family education is offered that addresses mental health and substance abuse
disorders and the interaction between the two; and

(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
training annually.

(d) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause
(4), items (i) to (iv).

Sec. 8.

Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
amended to read:


Subd. 2.

Expiration.

Notwithstanding section 15.059, subdivision 5, the American
Indian Child Welfare Advisory Council expires June 30, 2014 2018.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9.

Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services
agency shall establish a juvenile treatment screening team to conduct screenings and
prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision
3. Screenings shall be conducted within 15 days of a request for a screening, unless
the screening is for the purpose of placement in mental health residential treatment
and the child is enrolled in a prepaid health program under section 256B.69 in which
case the screening shall be conducted within ten working days of a request
. The team,
which may be the team constituted under section 245.4885 or 256B.092 or Minnesota
Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
professionals, persons with expertise in the treatment of juveniles who are emotionally
disabled, chemically dependent, or have a developmental disability, and the child's parent,
guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201,
subdivision 11
, or section 260C.515, subdivision 4. The team may be the same team as
defined in section 260B.157, subdivision 3.

(b) The social services agency shall determine whether a child brought to its
attention for the purposes described in this section is an Indian child, as defined in section
260C.007, subdivision 21, and shall determine the identity of the Indian child's tribe, as
defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
the team provided in paragraph (a) shall include a designated representative of the Indian
child's tribe, unless the child's tribal authority declines to appoint a representative. The
Indian child's tribe may delegate its authority to represent the child to any other federally
recognized Indian tribe, as defined in section 260.755, subdivision 12.

(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:

(1) for the primary purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency in a residential treatment facility out
of state or in one which is within the state and licensed by the commissioner of human
services under chapter 245A; or

(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall ascertain whether the child is an Indian child and shall
notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
child's tribe. The county's juvenile treatment screening team must either: (i) screen and
evaluate the child and file its recommendations with the court within 14 days of receipt
of the notice; or (ii) elect not to screen a given case and notify the court of that decision
within three working days.

(d) The child may not be placed for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or chemical dependency, in a residential
treatment facility out of state nor in a residential treatment facility within the state that is
licensed under chapter 245A, unless one of the following conditions applies:

(1) a treatment professional certifies that an emergency requires the placement
of the child in a facility within the state;

(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it
will be of therapeutic value to the child; or

(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically
to the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.

(e) When the county's juvenile treatment screening team has elected to screen and
evaluate a child determined to be an Indian child, the team shall provide notice to the
tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
member of the tribe or as a person eligible for membership in the tribe, and permit the
tribe's representative to participate in the screening team.

(f) When the Indian child's tribe or tribal health care services provider or Indian
Health Services provider proposes to place a child for the primary purpose of treatment
for an emotional disturbance, a developmental disability, or co-occurring emotional
disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
the child's tribe shall submit necessary documentation to the county juvenile treatment
screening team, which must invite the Indian child's tribe to designate a representative to
the screening team.

Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO
COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
COMMITTED TO COMMISSIONER.

The commissioner of human services may create a pilot program that is designed to
respond to issues that were raised in the February 2013 Office of the Legislative Auditor
report on state-operated services. The pilot program may include no more than three
counties to test the efficacy of providing notice and information to the commissioner prior
to or when a petition is filed to commit a patient exclusively to the commissioner. The
commissioner shall provide a status update to the chairs and ranking minority members of
the legislative committees with jurisdiction over civil commitment and human services
issues, no later than January 15, 2015.

ARTICLE 4

HEALTH-RELATED LICENSING BOARDS

Section 1.

Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read:


Subd. 6.

Unlicensed complementary and alternative health care practitioner.

(a)
"Unlicensed complementary and alternative health care practitioner" means a person who:

(1) either:

(i) is not licensed or registered by a health-related licensing board or the
commissioner of health; or

(ii) is licensed or registered by the commissioner of health or a health-related
licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board
of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself
out to the public as being licensed or registered by the commissioner or a health-related
licensing board when engaging in complementary and alternative health care;

(2) has not had a license or registration issued by a health-related licensing board
or the commissioner of health revoked or has not been disciplined in any manner at any
time in the past, unless the right to engage in complementary and alternative health care
practices has been established by order of the commissioner of health;

(3) is engaging in complementary and alternative health care practices; and

(4) is providing complementary and alternative health care services for remuneration
or is holding oneself out to the public as a practitioner of complementary and alternative
health care practices.

(b) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board, who engages in complementary and alternative health care
while practicing under the practitioner's license or registration, shall be regulated by and
be under the jurisdiction of the applicable health-related licensing board with regard to
the complementary and alternative health care practices.

Sec. 2.

[146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH
CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE
PRACTITIONERS.

(a) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board, who engages in complementary and alternative health care
while practicing under the practitioner's license or registration, shall be regulated by and
be under the jurisdiction of the applicable health-related licensing board with regard to
the complementary and alternative health care practices.

(b) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board shall not be subject to disciplinary action solely on the basis
of utilizing complementary and alternative health care practices as defined in section
146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for
referring a patient to a complementary and alternative health care practitioner as defined in
section 146A.01, subdivision 6.

(c) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board who utilizes complementary and alternative health care
practices must provide patients receiving these services with a written copy of the
complementary and alternative health care client bill of rights pursuant to section 146A.11.

(d) Nothing in this section shall be construed to prohibit or restrict the commissioner
or a health-related licensing board from imposing disciplinary action for conduct that
violates provisions of the applicable licensed or registered health care practitioner's
practice act.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is
amended to read:


Subdivision 1.

Scope.

(a) All unlicensed complementary and alternative health
care practitioners shall provide to each complementary and alternative health care
client prior to providing treatment a written copy of the complementary and alternative
health care client bill of rights. A copy must also be posted in a prominent location
in the office of the unlicensed complementary and alternative health care practitioner.
Reasonable accommodations shall be made for those clients who cannot read or who
have communication disabilities and those who do not read or speak English. The
complementary and alternative health care client bill of rights shall include the following:

(1) the name, complementary and alternative health care title, business address, and
telephone number of the unlicensed complementary and alternative health care practitioner;

(2) the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided, followed by the
following statement in bold print:

"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
trainer, or any other type of health care provider, the client may seek such services at
any time.";

(3) the name, business address, and telephone number of the practitioner's
supervisor, if any;

(4) notice that a complementary and alternative health care client has the right to file a
complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;

(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may file
complaints with the office;

(6) the practitioner's fees per unit of service, the practitioner's method of billing
for such fees, the names of any insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the practitioner contracts to
provide service, whether the practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing to accept partial payment,
or to waive payment, and in what circumstances;

(7) a statement that the client has a right to reasonable notice of changes in services
or charges;

(8) a brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;

(9) notice that the client has a right to complete and current information concerning
the practitioner's assessment and recommended service that is to be provided, including
the expected duration of the service to be provided;

(10) a statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;

(11) a statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the client, or
otherwise provided by law;

(12) a statement of the client's right to be allowed access to records and written
information from records in accordance with sections 144.291 to 144.298;

(13) a statement that other services may be available in the community, including
where information concerning services is available;

(14) a statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;

(15) a statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;

(16) a statement that the client may refuse services or treatment, unless otherwise
provided by law; and

(17) a statement that the client may assert the client's rights without retaliation.

(b) This section does not apply to an unlicensed complementary and alternative
health care practitioner who is employed by or is a volunteer in a hospital or hospice who
provides services to a client in a hospital or under an appropriate hospice plan of care.
Patients receiving complementary and alternative health care services in an inpatient
hospital or under an appropriate hospice plan of care shall have and be made aware of
the right to file a complaint with the hospital or hospice provider through which the
practitioner is employed or registered as a volunteer.

(c) This section does not apply to a health care practitioner licensed or registered by
the commissioner of health or a health-related licensing board who utilizes complementary
and alternative health care practices within the scope of practice of the health care
practitioner's professional license.

Sec. 4.

Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10:

(1) "chiropractic" is defined as the science of adjusting any abnormal articulations
of the human body, especially those of the spinal column, for the purpose of giving
freedom of action to impinged nerves that may cause pain or deranged function; and
means the health care discipline that recognizes the innate recuperative power of the body
to heal itself without the use of drugs or surgery by identifying and caring for vertebral
subluxations and other abnormal articulations by emphasizing the relationship between
structure and function as coordinated by the nervous system and how that relationship
affects the preservation and restoration of health;

(2) "chiropractic services" means the evaluation and facilitation of structural,
biomechanical, and neurological function and integrity through the use of adjustment,
manipulation, mobilization, or other procedures accomplished by manual or mechanical
forces applied to bones or joints and their related soft tissues for correction of vertebral
subluxation, other abnormal articulations, neurological disturbances, structural alterations,
or biomechanical alterations, and includes, but is not limited to, manual therapy and
mechanical therapy as defined in section 146.23;

(3) "abnormal articulation" means the condition of opposing bony joint surfaces and
their related soft tissues that do not function normally, including subluxation, fixation,
adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
disturbances within the nervous system, results in postural alteration, inhibits motion,
allows excessive motion, alters direction of motion, or results in loss of axial loading
efficiency, or a combination of these;

(4) "diagnosis" means the physical, clinical, and laboratory examination of the
patient, and the use of diagnostic services for diagnostic purposes within the scope of the
practice of chiropractic described in sections 148.01 to 148.10;

(5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
measures, including diagnostic imaging that may be necessary to determine the presence
or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for
evaluation of a health concern, diagnosis, differential diagnosis, treatment, further
examination, or referral;

(6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
sciences and procedures for which the licensee was subject to examination under section
148.06. When provided, therapeutic services must be performed within a practice
where the primary focus is the provision of chiropractic services, to prepare the patient
for chiropractic services, or to complement the provision of chiropractic services. The
administration of therapeutic services is the responsibility of the treating chiropractor and
must be rendered under the direct supervision of qualified staff;

(7) "acupuncture" means a modality of treating abnormal physical conditions
by stimulating various points of the body or interruption of the cutaneous integrity
by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
independent therapy or separately from chiropractic services. Acupuncture is permitted
under section 148.01 only after registration with the board which requires completion
of a board-approved course of study and successful completion of a board-approved
national examination on acupuncture. Renewal of registration shall require completion of
board-approved continuing education requirements in acupuncture. The restrictions of
section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
under this section; and

(2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes
identifying and resolving vertebral subluxation complexes, spinal manipulation, and
manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
diagnosis and treatment does not include:

(i) performing surgery;

(ii) dispensing or administering of medications; or

(iii) performing traditional veterinary care and diagnosis.

Sec. 5.

Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:


Subd. 2.

Exclusions.

The practice of chiropractic is not the practice of medicine,
surgery, or osteopathy, or physical therapy.

Sec. 6.

Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
to read:


Subd. 4.

Practice of chiropractic.

An individual licensed to practice under section
148.06 is authorized to perform chiropractic services, acupuncture, and therapeutic
services, and to provide diagnosis and to render opinions pertaining to those services for
the purpose of determining a course of action in the best interests of the patient, such as a
treatment plan, appropriate referral, or both.

Sec. 7.

Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Any person who practices, or attempts to practice,
chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
the public to believe that the person who so uses the terms is engaged in the practice of
chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
six months or punished by both fine and imprisonment, in the discretion of the court. It is
the duty of the county attorney of the county in which the person practices to prosecute.
Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:

(1) licensed by a health-related licensing board, as defined in section 214.01,
subdivision 2
, including psychological practitioners with respect to the use of hypnosis;

(2) registered or licensed by the commissioner of health under section 214.13; or

(3) engaged in other methods of healing regulated by law in the state of Minnesota;

provided that the person confines activities within the scope of the license or other
regulation and does not practice or attempt to practice chiropractic.

Sec. 8.

Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision
to read:


Subd. 1a.

Conviction of a felony-level criminal sexual offense.

(a) Except as
provided in paragraph (e), the board may not grant or renew a license to practice nursing
to any person who has been convicted on or after August 1, 2014, of any of the provisions
of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1,
paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (c) to (o), or a similar statute
in another jurisdiction.

(b) A license to practice nursing is automatically revoked if the licensee is convicted
of an offense listed in paragraph (a).

(c) A license to practice nursing that has been denied or revoked under this
subdivision is not subject to chapter 364.

(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
execution of the sentence and final disposition of the case is accomplished at a nonfelony
level.

(e) The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) may become licensed provided that the criteria:

(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;

(2) provide a standard for overcoming the presumption; and

(3) require that a minimum of ten years has elapsed since the applicant's sentence
was discharged.

The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

Sec. 9.

Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:


Subd. 4.

Evidence.

In disciplinary actions alleging a violation of subdivision 1,
clause (3) or (4), or subdivision 1a, a copy of the judgment or proceeding under the seal
of the court administrator or of the administrative agency that entered the same shall be
admissible into evidence without further authentication and shall constitute prima facie
evidence of the violation concerned.

Sec. 10.

Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:


Subd. 17.

Physical agent modalities.

"Physical agent modalities" mean modalities
that use the properties of light, water, temperature, sound, or electricity to produce a
response in soft tissue. The physical agent modalities referred to in sections 148.6404
and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
and ultrasound.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 11.

Minnesota Statutes 2012, section 148.6404, is amended to read:


148.6404 SCOPE OF PRACTICE.

The practice of occupational therapy by an occupational therapist or occupational
therapy assistant includes, but is not limited to, intervention directed toward:

(1) assessment and evaluation, including the use of skilled observation or
the administration and interpretation of standardized or nonstandardized tests and
measurements, to identify areas for occupational therapy services;

(2) providing for the development of sensory integrative, neuromuscular, or motor
components of performance;

(3) providing for the development of emotional, motivational, cognitive, or
psychosocial components of performance;

(4) developing daily living skills;

(5) developing feeding and swallowing skills;

(6) developing play skills and leisure capacities;

(7) enhancing educational performance skills;

(8) enhancing functional performance and work readiness through exercise, range of
motion, and use of ergonomic principles;

(9) designing, fabricating, or applying rehabilitative technology, such as selected
orthotic and prosthetic devices, and providing training in the functional use of these devices;

(10) designing, fabricating, or adapting assistive technology and providing training
in the functional use of assistive devices;

(11) adapting environments using assistive technology such as environmental
controls, wheelchair modifications, and positioning;

(12) employing physical agent modalities, in preparation for or as an adjunct to
purposeful activity, within the same treatment session or to meet established functional
occupational therapy goals, consistent with the requirements of section 148.6440; and

(13) promoting health and wellness.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 12.

Minnesota Statutes 2012, section 148.6430, is amended to read:


148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and treatment that, according to prevailing practice standards of the
American Occupational Therapy Association, can be performed by an occupational
therapy assistant. The occupational therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly. Delegation of duties related
to use of physical agent modalities to occupational therapy assistants is governed by
section 148.6440, subdivision 6.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13.

Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

If the professional standards identified in section
148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
treatment procedure, the occupational therapist must provide supervision consistent
with this section. Supervision of occupational therapy assistants using physical agent
modalities is governed by section 148.6440, subdivision 6.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 14.

Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:


Subd. 3.

Approved education program.

"Approved education program" means
a university, college, or other postsecondary education program of athletic training
that, at the time the student completes the program, is approved or accredited by the
National Athletic Trainers Association Professional Education Committee, the National
Athletic Trainers Association Board of Certification, or the Joint Review Committee on
Educational Programs in Athletic Training in collaboration with the American Academy
of Family Physicians, the American Academy of Pediatrics, the American Medical
Association, and the National Athletic Trainers Association
a nationally recognized
accreditation agency for athletic training education programs approved by the board
.

Sec. 15.

Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:


Subd. 9.

Credentialing examination.

"Credentialing examination" means an
examination administered by the National Athletic Trainers Association Board of
Certification, or the board's recognized successor, for credentialing as an athletic trainer,
or an examination for credentialing offered by a national testing service that is approved
by the board.

Sec. 16.

Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:


Subdivision 1.

Designation.

A person shall not use in connection with the person's
name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations,
or insignia indicating or implying that the person is an athletic trainer, without a certificate
of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
attending a college or university athletic training program must be identified as a "student
athletic trainer."
an "athletic training student."

Sec. 17.

Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:


Subdivision 1.

Creation; Membership.

The Athletic Trainers Advisory Council
is created and is composed of eight members appointed by the board. The advisory
council consists of:

(1) two public members as defined in section 214.02;

(2) three members who, except for initial appointees, are registered athletic trainers,
one being both a licensed physical therapist and registered athletic trainer as submitted by
the Minnesota American Physical Therapy Association;

(3) two members who are medical physicians licensed by the state and have
experience with athletic training and sports medicine; and

(4) one member who is a doctor of chiropractic licensed by the state and has
experience with athletic training and sports injuries.

Sec. 18.

Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:


Subdivision 1.

Registration.

The board may issue a certificate of registration as an
athletic trainer to applicants who meet the requirements under this section. An applicant
for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
written application on a form, provided by the board, that includes:

(1) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;

(2) evidence satisfactory to the board of the successful completion of an education
program approved by the board;

(3) educational background;

(4) proof of a baccalaureate or master's degree from an accredited college or
university;

(5) credentials held in other jurisdictions;

(6) a description of any other jurisdiction's refusal to credential the applicant;

(7) a description of all professional disciplinary actions initiated against the applicant
in any other jurisdiction;

(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(9) evidence satisfactory to the board of a qualifying score on a credentialing
examination within one year of the application for registration;

(10) additional information as requested by the board;

(11) the applicant's signature on a statement that the information in the application is
true and correct to the best of the applicant's knowledge and belief; and

(12) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or engaged in the practice of athletic training.

Sec. 19.

Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:


Subd. 4.

Temporary registration.

(a) The board may issue a temporary registration
as an athletic trainer to qualified applicants. A temporary registration is issued for
one year 120 days. An athletic trainer with a temporary registration may qualify for
full registration after submission of verified documentation that the athletic trainer has
achieved a qualifying score on a credentialing examination within one year 120 days after
the date of the temporary registration. A temporary registration may not be renewed.

(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
a temporary registration must submit the application materials and fees for registration
required under subdivision 1, clauses (1) to (8) and (10) to (12).

(c) An athletic trainer with a temporary registration shall work only under the
direct supervision of an athletic trainer registered under this section. No more than four
two athletic trainers with temporary registrations shall work under the direction of a
registered athletic trainer.

Sec. 20.

Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:


Subd. 2.

Approved programs.

The board shall approve a continuing education
program that has been approved for continuing education credit by the National Athletic
Trainers Association
Board of Certification, or the board's recognized successor.

Sec. 21.

Minnesota Statutes 2012, section 148.7813, is amended by adding a
subdivision to read:


Subd. 5.

Discipline; reporting.

For the purposes of this chapter, registered athletic
trainers and applicants are subject to sections 147.091 to 147.162.

Sec. 22.

Minnesota Statutes 2012, section 148.7814, is amended to read:


148.7814 APPLICABILITY.

Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
trainers by the National Athletic Trainers Association Board of Certification or the board's
recognized successor
and come into Minnesota for a specific athletic event or series of
athletic events with an individual or group.

Sec. 23.

Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:


Subd. 2.

Certified doula.

"Certified doula" means an individual who has received
a certification to perform doula services from the International Childbirth Education
Association, the Doulas of North America (DONA), the Association of Labor Assistants
and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum
Professional Association (CAPPA), Childbirth International, or the International Center
for Traditional Childbearing, or Commonsense Childbirth, Inc.

Sec. 24.

Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

The commissioner shall include on the registry any
individual who:

(1) submits an application on a form provided by the commissioner. The form must
include the applicant's name, address, and contact information;

(2) maintains a current certification from one of the organizations listed in section
146B.01, subdivision 2 148.995, subdivision 2; and

(3) pays the fees required under section 148.997.

Sec. 25.

Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:


Subd. 2.

Supervision.

(a) To qualify as a LPCC, an applicant must have completed
4,000 hours of post-master's degree supervised professional practice in the delivery
of clinical services in the diagnosis and treatment of mental illnesses and disorders in
both children and adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).

(b) The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
board-approved supervisor, who has at least two years of postlicensure experience in the
delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.

(c) The supervision must be obtained at the rate of two hours of supervision per 40
hours of professional practice. The supervision must be evenly distributed over the course
of the supervised professional practice. At least 75 percent of the required supervision
hours must be received in person. The remaining 25 percent of the required hours may be
received by telephone or by audio or audiovisual electronic device. At least 50 percent of
the required hours of supervision must be received on an individual basis. The remaining
50 percent may be received in a group setting.

(d) The supervised practice must include at least 1,800 hours of clinical client contact.

(e) The supervised practice must be clinical practice. Supervision includes the
observation by the supervisor of the successful application of professional counseling
knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and emotional, mental, and
behavioral disorders.

Sec. 26.

Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:


Subd. 4.

Conversion to licensed professional clinical counselor after August 1,
2014.

After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
professional counselor may convert to a LPCC by providing evidence satisfactory to the
board that the applicant has met the requirements of subdivisions 1 and 2, subject to
the following:

(1) the individual's license must be active and in good standing;

(2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and

(3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.
(a) After August 1, 2014, an individual currently licensed
in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
providing evidence satisfactory to the board that the applicant has met the following
requirements:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has a license that is active and in good standing;

(4) has no complaints pending, uncompleted disciplinary order, or corrective action
agreements;

(5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;

(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:

(i) diagnostic assessment for child or adult mental disorders; normative development;
and psychopathology, including developmental psychopathology;

(ii) clinical treatment planning with measurable goals;

(iii) clinical intervention methods informed by research evidence and community
standards of practice;

(iv) evaluation methodologies regarding the effectiveness of interventions;

(v) professional ethics applied to clinical practice; and

(vi) cultural diversity;

(7) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
examinations as prescribed by the board;

(8) has demonstrated, to the satisfaction of the board, successful completion of 4,000
hours of supervised, post-master's degree professional practice in the delivery of clinical
services in the diagnosis and treatment of child and adult mental illnesses and disorders,
which includes 1,800 direct client contact hours. A licensed professional counselor
who has completed 2,000 hours of supervised post-master's degree clinical professional
practice and who has independent practice status need only document 2,000 additional
hours of supervised post-master's degree clinical professional practice, which includes 900
direct client contact hours; and

(9) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.

(b) If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).

Sec. 27.

Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:


Subd. 8a.

Resident dentist.

"Resident dentist" means a person who is licensed to
practice dentistry as an enrolled graduate student or student of an advanced education
program accredited by the American Dental Association Commission on Dental
Accreditation.

Sec. 28.

Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:


Subdivision 1.

Dentists.

A person of good moral character who has graduated from
a dental program accredited by the Commission on Dental Accreditation of the American
Dental Association
, having submitted an application and fee as prescribed by the board,
may be examined by the board or by an agency pursuant to section 150A.03, subdivision
1
, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
college in another country must not be disqualified from examination solely because of
the applicant's foreign training if the board determines that the training is equivalent to or
higher than that provided by a dental college accredited by the Commission on Dental
Accreditation of the American Dental Association. In the case of examinations conducted
pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
applying to the board for licensure. The examination shall include an examination of the
applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
board. An applicant is ineligible to retake the clinical examination required by the board
after failing it twice until further education and training are obtained as specified by the
board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all other requirements of the board
shall be licensed to practice dentistry and granted a general dentist license by the board.

Sec. 29.

Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:


Subd. 1a.

Faculty dentists.

(a) Faculty members of a school of dentistry must be
licensed in order to practice dentistry as defined in section 150A.05. The board may
issue to members of the faculty of a school of dentistry a license designated as either a
"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
program directors of a Minnesota dental hygiene or dental assisting school accredited by
the Commission on Dental Accreditation of the American Dental Association shall certify
to the board those members of the school's faculty who practice dentistry but are not
licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
defined in section 150A.05, before beginning duties in a school of dentistry or a dental
hygiene or dental assisting school, shall apply to the board for a limited or full faculty
license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
a limited faculty license must be renewed annually and a full faculty license must be
renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
for issuing and renewing the faculty license. The faculty license is valid during the time
the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
dental assisting school and subjects the holder to this chapter.

(b) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation of the American Dental Association, a license designated as a limited
faculty license entitling the holder to practice dentistry within the school and its affiliated
teaching facilities, but only for the purposes of teaching or conducting research. The
practice of dentistry at a school facility for purposes other than teaching or research is not
allowed unless the dentist was a faculty member on August 1, 1993.

(c) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation of the American Dental Association a license designated as a full faculty
license entitling the holder to practice dentistry within the school and its affiliated teaching
facilities and elsewhere if the holder of the license is employed 50 percent time or more by
the school in the practice of teaching or research, and upon successful review by the board
of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
The board, at its discretion, may waive specific licensing prerequisites.

Sec. 30.

Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:


Subd. 1c.

Specialty dentists.

(a) The board may grant a one or more specialty
license licenses in the specialty areas of dentistry that are recognized by the American
Dental Association
Commission on Dental Accreditation.

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association
, or have announced a limitation of practice before 1967;

(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant for each specialty area;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National Board Dental Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists for each specialty
area
, one of whom must be a dentist practicing in the same specialty area, and the other
from the director of the each specialty program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding a one or more specialty license licenses is limited to
practicing in the dentist's designated specialty area or areas. The scope of practice must be
defined by each national specialty board recognized by the American Dental Association
Commission on Dental Accreditation.

(e) A specialty dentist holding a general dentist dental license is limited to practicing
in the dentist's designated specialty area or areas if the dentist has announced a limitation
of practice. The scope of practice must be defined by each national specialty board
recognized by the American Dental Association Commission on Dental Accreditation.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area or areas may apply for
a one or more specialty license licenses.

Sec. 31.

Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:


Subd. 1d.

Dental therapists.

A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the American Dental Association
Commission on Dental Accreditation or another board-approved national accreditation
organization may apply for licensure.

The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
applicant who has failed the clinical examination twice is ineligible to retake the clinical
examination until further education and training are obtained as specified by the board. A
separate, nonrefundable fee may be charged for each time a person applies. An applicant
who passes the examination in compliance with subdivision 2b, abides by professional
ethical conduct requirements, and meets all the other requirements of the board shall
be licensed as a dental therapist.

Sec. 32.

Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:


Subd. 2.

Dental hygienists.

A person of good moral character, who has graduated
from a dental hygiene program accredited by the Commission on Dental Accreditation of
the American Dental Association
and established in an institution accredited by an agency
recognized by the United States Department of Education to offer college-level programs,
may apply for licensure. The dental hygiene program must provide a minimum of two
academic years of dental hygiene education. The applicant must submit an application and
fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
licensed, the applicant must pass the National Board of Dental Hygiene examination and a
board approved examination designed to determine the applicant's clinical competency. In
the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
shall take the examination before applying to the board for licensure. The applicant must
also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
the clinical examination required by the board after failing it twice until further education
and training are obtained as specified by board rule. A separate, nonrefundable fee may
be charged for each time a person applies. An applicant who passes the examination in
compliance with subdivision 2b, abides by professional ethical conduct requirements, and
meets all the other requirements of the board shall be licensed as a dental hygienist.

Sec. 33.

Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:


Subd. 2a.

Licensed dental assistant.

A person of good moral character, who has
graduated from a dental assisting program accredited by the Commission on Dental
Accreditation of the American Dental Association, may apply for licensure. The applicant
must submit an application and fee as prescribed by the board and the diploma or
certificate of dental assisting. In the case of examinations conducted pursuant to section
150A.03, subdivision 1, applicants shall take the examination before applying to the board
for licensure. The examination shall include an examination of the applicant's knowledge
of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
ineligible to retake the licensure examination required by the board after failing it twice
until further education and training are obtained as specified by board rule. A separate,
nonrefundable fee may be charged for each time a person applies. An applicant who
passes the examination in compliance with subdivision 2b, abides by professional ethical
conduct requirements, and meets all the other requirements of the board shall be licensed
as a dental assistant.

Sec. 34.

Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:


Subd. 2d.

Continuing education and professional development waiver.

(a) The
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
assistant who documents to the satisfaction of the board that the dentist, dental therapist,
dental hygienist, or licensed dental assistant has retired from active practice in the state
and limits the provision of dental care services to those offered without compensation
in a public health, community, or tribal clinic or a nonprofit organization that provides
services to the indigent or to recipients of medical assistance, general assistance medical
care, or MinnesotaCare programs.

(b) The board may require written documentation from the volunteer and retired
dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
this waiver.

(c) The board shall require the volunteer and retired dentist, dental therapist, dental
hygienist, or licensed dental assistant to meet the following requirements:

(1) a licensee seeking a waiver under this subdivision must complete and document
at least five hours of approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and

(2) provide documentation of current CPR certification from completion of the
American Heart Association healthcare provider course, or the American Red Cross
professional rescuer course, or an equivalent entity.

Sec. 35.

Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:


Subd. 3.

Waiver of examination.

(a) All or any part of the examination for
dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
dentistry and the rules of the board, may, at the discretion of the board, be waived for an
applicant who presents a certificate of having passed all components of the National Board
Dental Examinations or evidence of having maintained an adequate scholastic standing
as determined by the board, in dental school as to dentists, or dental hygiene school as
to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission on
Dental Accreditation of the American Dental Association, who has passed all components
of the National Board Dental Examinations, and who has satisfactorily completed a
Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
program must be accredited by the Commission on Dental Accreditation of the American
Dental Association
, be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require
the applicant to submit any information deemed necessary by the board to determine
whether the waiver is applicable. The board may waive the clinical examination for an
applicant who meets the requirements of this paragraph and has satisfactorily completed an
accredited postdoctoral general dentistry residency program located outside of Minnesota.

Sec. 36.

Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:


Subd. 8.

Licensure by credentials.

(a) Any dental assistant may, upon application
and payment of a fee established by the board, apply for licensure based on an evaluation
of the applicant's education, experience, and performance record in lieu of completing a
board-approved dental assisting program for expanded functions as defined in rule, and
may be interviewed by the board to determine if the applicant:

(1) has graduated from an accredited dental assisting program accredited by the
Commission of on Dental Accreditation of the American Dental Association, or is
currently certified by the Dental Assisting National Board;

(2) is not subject to any pending or final disciplinary action in another state or
Canadian province, or if not currently certified or registered, previously had a certification
or registration in another state or Canadian province in good standing that was not subject
to any final or pending disciplinary action at the time of surrender;

(3) is of good moral character and abides by professional ethical conduct
requirements;

(4) at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

(5) has met all expanded functions curriculum equivalency requirements of a
Minnesota board-approved dental assisting program.

(b) The board, at its discretion, may waive specific licensure requirements in
paragraph (a).

(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
minimum knowledge in dental subjects required for licensure under subdivision 2a must
be licensed to practice the applicant's profession.

(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure is
denied, the board may notify the applicant of any specific remedy that the applicant could
take which, when passed, would qualify the applicant for licensure. A denial does not
prohibit the applicant from applying for licensure under subdivision 2a.

(e) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

Sec. 37.

Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:


Subd. 3.

Initial license or permit fees.

Along with the application fee, each of the
following applicants shall submit a separate prorated initial license or permit fee. The
prorated initial fee shall be established by the board based on the number of months of the
applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a,
not to
exceed the following monthly nonrefundable fee amounts:

(1) dentist or full faculty dentist, $14 times the number of months of the initial
term
$168;

(2) dental therapist, $10 times the number of months of the initial term $120;

(3) dental hygienist, $5 times the number of months of the initial term $60;

(4) licensed dental assistant, $3 times the number of months of the initial term
$36; and

(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
subpart 3, $1 times the number of months of the initial term $12.

Sec. 38.

Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:


Subd. 8.

Duplicate license or certificate fee.

Each applicant shall submit, with
a request for issuance of a duplicate of the original license, or of an annual or biennial
renewal certificate for a license or permit, a fee in the following amounts:

(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
assistant license, $35; and

(2) annual or biennial renewal certificates, $10.; and

(3) wallet-sized license and renewal certificate, $15.

Sec. 39.

Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
read:


Subd. 16.

Failure of professional development portfolio audit.

A licensee shall
submit a fee as established by the board not to exceed the amount of $250 after failing two
consecutive professional development portfolio audits and, thereafter, for each failed
(a) If
a licensee fails a
professional development portfolio audit under Minnesota Rules, part
3100.5300., the board is authorized to take the following actions:

(1) for the first failure, the board may issue a warning to the licensee;

(2) for the second failure within ten years, the board may assess a penalty of not
more than $250; and

(3) for any additional failures within the ten-year period, the board may assess a
penalty of not more than $1,000.

(b) In addition to the penalty fee, the board may initiate the complaint process to
address multiple failed audits.

Sec. 40.

Minnesota Statutes 2012, section 150A.10, is amended to read:


150A.10 ALLIED DENTAL PERSONNEL.

Subdivision 1.

Dental hygienists.

Any licensed dentist, licensed dental therapist,
public institution, or school authority may obtain services from a licensed dental hygienist.
The licensed dental hygienist may provide those services defined in section 150A.05,
subdivision 1a
. The services provided shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. All services shall be provided under
supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.

Subd. 1a.

Limited authorization for dental hygienists.

(a) Notwithstanding
subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization to perform dental hygiene
services described under paragraph (b) without the patient first being examined by a
licensed dentist if the dental hygienist:

(1) has been engaged in the active practice of clinical dental hygiene for not less than
2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;

(2) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist;

(3) has documented participation in courses in infection control and medical
emergencies within each continuing education cycle; and

(4) maintains current CPR certification from completion of the American Heart
Association healthcare provider course, or the American Red Cross professional rescuer
course, or an equivalent entity.

(b) The dental hygiene services authorized to be performed by a dental hygienist
under this subdivision are limited to:

(1) oral health promotion and disease prevention education;

(2) removal of deposits and stains from the surfaces of the teeth;

(3) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;

(4) polishing and smoothing restorations;

(5) removal of marginal overhangs;

(6) performance of preliminary charting;

(7) taking of radiographs; and

(8) performance of scaling and root planing.

The dental hygienist may administer injections of local anesthetic agents or nitrous
oxide inhalation analgesia as specifically delegated in the collaborative agreement with
a licensed dentist. The dentist need not first examine the patient or be present. If the
patient is considered medically compromised, the collaborative dentist shall review the
patient record, including the medical history, prior to the provision of these services.
Collaborating dental hygienists may work with unlicensed and licensed dental assistants
who may only perform duties for which licensure is not required. The performance of
dental hygiene services in a health care facility, program, or nonprofit organization as
authorized under this subdivision is limited to patients, students, and residents of the
facility, program, or organization.

(c) A collaborating dentist must be licensed under this chapter and may enter into
a collaborative agreement with no more than four dental hygienists unless otherwise
authorized by the board. The board shall develop parameters and a process for obtaining
authorization to collaborate with more than four dental hygienists. The collaborative
agreement must include:

(1) consideration for medically compromised patients and medical conditions for
which a dental evaluation and treatment plan must occur prior to the provision of dental
hygiene services;

(2) age- and procedure-specific standard collaborative practice protocols, including
recommended intervals for the performance of dental hygiene services and a period of
time in which an examination by a dentist should occur;

(3) copies of consent to treatment form provided to the patient by the dental hygienist;

(4) specific protocols for the placement of pit and fissure sealants and requirements
for follow-up care to assure the efficacy of the sealants after application; and

(5) a procedure for creating and maintaining dental records for the patients that are
treated by the dental hygienist. This procedure must specify where these records are
to be located.

The collaborative agreement must be signed and maintained by the dentist, the dental
hygienist, and the facility, program, or organization; must be reviewed annually by the
collaborating dentist and dental hygienist; and must be made available to the board
upon request.

(d) Before performing any services authorized under this subdivision, a dental
hygienist must provide the patient with a consent to treatment form which must include a
statement advising the patient that the dental hygiene services provided are not a substitute
for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
to the patient for further dental procedures, the dental hygienist must fill out a referral form
and provide a copy of the form to the collaborating dentist.

(e) For the purposes of this subdivision, a "health care facility, program, or
nonprofit organization" is limited to a hospital; nursing home; home health agency; group
home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
commissioner of human services or the commissioner of corrections; and federal, state, or
local public health facility, community clinic, tribal clinic, school authority, Head Start
program, or nonprofit organization that serves individuals who are uninsured or who are
Minnesota health care public program recipients.

(f) For purposes of this subdivision, a "collaborative agreement" means a written
agreement with a licensed dentist who authorizes and accepts responsibility for the
services performed by the dental hygienist. The services authorized under this subdivision
and the collaborative agreement may be performed without the presence of a licensed
dentist and may be performed at a location other than the usual place of practice of the
dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
specified in the collaborative agreement.

Subd. 2.

Dental assistants.

Every licensed dentist and dental therapist who uses the
services of any unlicensed person for the purpose of assistance in the practice of dentistry
or dental therapy shall be responsible for the acts of such unlicensed person while engaged
in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
perform only those acts which are authorized to be delegated to unlicensed assistants
by the Board of Dentistry. The acts shall be performed under supervision of a licensed
dentist or dental therapist. A licensed dental therapist shall not supervise more than four
registered licensed or unlicensed dental assistants at any one practice setting. The board
may permit differing levels of dental assistance based upon recognized educational
standards, approved by the board, for the training of dental assistants. The board may also
define by rule the scope of practice of licensed and unlicensed dental assistants. The
board by rule may require continuing education for differing levels of dental assistants,
as a condition to their license or authority to perform their authorized duties. Any
licensed dentist or dental therapist who permits an unlicensed assistant to perform any
dental service other than that authorized by the board shall be deemed to be enabling an
unlicensed person to practice dentistry, and commission of such an act by an unlicensed
assistant shall constitute a violation of sections 150A.01 to 150A.12.

Subd. 3.

Dental technicians.

Every licensed dentist and dental therapist who uses
the services of any unlicensed person, other than under the dentist's or dental therapist's
supervision and within the same practice setting, for the purpose of constructing, altering,
repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
prosthetic or other dental appliance, shall be required to furnish such unlicensed person
with a written work order in such form as shall be prescribed by the rules of the board. The
work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
file of the dentist or dental therapist at the practice setting for a period of two years, and
the original to be retained in a permanent file for a period of two years by the unlicensed
person in that person's place of business. The permanent file of work orders to be kept
by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
reasonable time by the board or its duly constituted agent.

Subd. 4.

Restorative procedures.

(a) Notwithstanding subdivisions 1, 1a, and
2, a licensed dental hygienist or licensed dental assistant may perform the following
restorative procedures:

(1) place, contour, and adjust amalgam restorations;

(2) place, contour, and adjust glass ionomer;

(3) adapt and cement stainless steel crowns; and

(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel.; and

(5) place, contour, and adjust class II and class V supragingival composite
restorations on primary teeth.

(b) The restorative procedures described in paragraph (a) may be performed only if:

(1) the licensed dental hygienist or licensed dental assistant has completed a
board-approved course on the specific procedures;

(2) the board-approved course includes a component that sufficiently prepares the
licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
placed restoration;

(3) a licensed dentist or licensed advanced dental therapist has authorized the
procedure to be performed; and

(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
while the procedure is being performed.

(c) The dental faculty who teaches the educators of the board-approved courses
specified in paragraph (b) must have prior experience teaching these procedures in an
accredited dental education program.

Sec. 41.

Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:


Subdivision 1.

License requirements.

The board shall issue a license to practice
podiatric medicine to a person who meets the following requirements:

(a) The applicant for a license shall file a written notarized application on forms
provided by the board, showing to the board's satisfaction that the applicant is of good
moral character and satisfies the requirements of this section.

(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a podiatric medical school approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting organization approved by the
board, and other relevant factors.

(c) The applicant must have received a passing score on each part of the national board
examinations, parts one and two, prepared and graded by the National Board of Podiatric
Medical Examiners. The passing score for each part of the national board examinations,
parts one and two, is as defined by the National Board of Podiatric Medical Examiners.

(d) Applicants graduating after 1986 from a podiatric medical school shall present
evidence satisfactory to the board of the completion of (1) one year of graduate, clinical
residency or preceptorship in a program accredited by a national accrediting organization
approved by the board or (2) other graduate training that meets standards equivalent to
those of an approved national accrediting organization or school of podiatric medicine
of successful completion of a residency program approved by a national accrediting
podiatric medicine organization
.

(e) The applicant shall appear in person before the board or its designated
representative to show that the applicant satisfies the requirements of this section,
including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
medicine. The board may establish as internal operating procedures the procedures or
requirements for the applicant's personal presentation.

(f) The applicant shall pay a fee established by the board by rule. The fee shall
not be refunded.

(g) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee. If the applicant does not satisfy the requirements of this paragraph,
the board may refuse to issue a license unless it determines that the public will be
protected through issuance of a license with conditions and limitations the board considers
appropriate.

(h) Upon payment of a fee as the board may require, an applicant who fails to pass
an examination and is refused a license is entitled to reexamination within one year of
the board's refusal to issue the license. No more than two reexaminations are allowed
without a new application for a license.

Sec. 42.

Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
to read:


Subd. 1a.

Relicensure after two-year lapse of practice; reentry program.

A
podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
practice of podiatric medicine of greater than two years must reestablish competency by
completing a reentry program approved by the board.

Sec. 43.

Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:


Subd. 2.

Applicants licensed in another state.

The board shall issue a license
to practice podiatric medicine to any person currently or formerly licensed to practice
podiatric medicine in another state who satisfies the requirements of this section:

(a) The applicant shall satisfy the requirements established in subdivision 1.

(b) The applicant shall present evidence satisfactory to the board indicating the
current status of a license to practice podiatric medicine issued by the first state of
licensure and all other states and countries in which the individual has held a license.

(c) If the applicant has had a license revoked, engaged in conduct warranting
disciplinary action against the applicant's license, or been subjected to disciplinary action,
in another state, the board may refuse to issue a license unless it determines that the
public will be protected through issuance of a license with conditions or limitations the
board considers appropriate.

(d) The applicant shall submit with the license application the following additional
information for the five-year period preceding the date of filing of the application: (1) the
name and address of the applicant's professional liability insurer in the other state; and (2)
the number, date, and disposition of any podiatric medical malpractice settlement or award
made to the plaintiff relating to the quality of podiatric medical treatment.

(e) If the license is active, the applicant shall submit with the license application
evidence of compliance with the continuing education requirements in the current state of
licensure.

(f) If the license is inactive, the applicant shall submit with the license application
evidence of participation in one-half the same number of hours of acceptable continuing
education required for biennial renewal, as specified under Minnesota Rules, up to five
years. If the license has been inactive for more than two years, the amount of acceptable
continuing education required must be obtained during the two years immediately before
application or the applicant must provide other evidence as the board may reasonably
require.

Sec. 44.

Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:


Subd. 3.

Temporary permit.

Upon payment of a fee and in accordance with the
rules of the board, the board may issue a temporary permit to practice podiatric medicine
to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed
12 months. A temporary permit may be extended under the following conditions:

(1) the applicant submits acceptable evidence that the training was interrupted by
circumstances beyond the control of the applicant and that the sponsor of the program
agrees to the extension;

(2) the applicant is continuing in a residency that extends for more than one year; or

(3) the applicant is continuing in a residency that extends for more than two years.
approved by a national accrediting organization. The temporary permit is renewed
annually until the residency training requirements are completed or until the residency
program is terminated or discontinued.

Sec. 45.

Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
to read:


Subd. 4.

Continuing education.

(a) Every podiatrist licensed to practice in this
state shall obtain 40 clock hours of continuing education in each two-year cycle of license
renewal. All continuing education hours must be earned by verified attendance at or
participation in a program or course sponsored by the Council on Podiatric Medical
Education or approved by the board. In each two-year cycle, a maximum of eight hours of
continuing education credits may be obtained through participation in online courses.

(b) The number of continuing education hours required during the initial licensure
period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
ratio of the number of days the license is held in the initial licensure period to 730 days.

Sec. 46.

[214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
OF HARM.

(a) Notwithstanding any provision of a health-related professional practice act,
when a health-related licensing board receives a complaint regarding a regulated person
and has probable cause to believe continued practice by the regulated person presents
an imminent risk of harm, the licensing board shall temporarily suspend the regulated
person's professional license. The suspension shall take effect upon written notice to the
regulated person and shall specify the reason for the suspension.

(b) The suspension shall remain in effect until the appropriate licensing board or
the commissioner completes an investigation and issues a final order in the matter after
a hearing.

(c) At the time it issues the suspension notice, the appropriate licensing board shall
schedule a disciplinary hearing to be held before the licensing board or pursuant to the
Administrative Procedure Act. The regulated person shall be provided with at least
ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
scheduled to begin no later than 30 days after issuance of the suspension order.

(d) If the board has not completed its investigation and issued a final order within 30
days, the temporary suspension shall be lifted, unless the regulated person requests a delay
in the disciplinary proceedings for any reason, upon which the temporary suspension shall
remain in place until the completion of the investigation.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 47.

Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:


Subd. 3.

Compensation.

(a) Members of the boards may be compensated at the
rate of $55 a day spent on board activities, when authorized by the board, plus expenses
in
Members of health-related licensing boards may be compensated at the rate of $75 a
day spent on board activities and members of nonhealth-related licensing boards may be
compensated at the rate of $55 a day spent on board activities when authorized by the
board, plus expenses in
the same manner and amount as authorized by the commissioner's
plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent
attending board meetings, incur child care expenses that would not otherwise have been
incurred, may be reimbursed for those expenses upon board authorization.

(b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are also compensated by the state or political subdivision. However,
a state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activity. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.

(c) Each board must adopt internal standards prescribing what constitutes a day
spent on board activities for purposes of making daily payments under this subdivision.

Sec. 48.

Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:


Subd. 2.

Receipt of complaint.

The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints shall require the complainant to state the complaint in writing
or authorize transcribing the complaint. The executive director or the designated board
member shall determine whether the complaint alleges or implies a violation of a statute
or rule which the board is empowered to enforce. The executive director or the designated
board member may consult with the designee of the attorney general as to a board's
jurisdiction over a complaint. If the executive director or the designated board member
determines that it is necessary, the executive director may seek additional information to
determine whether the complaint is jurisdictional or to clarify the nature of the allegations
by obtaining records or other written material, obtaining a handwriting sample from the
regulated person, clarifying the alleged facts with the complainant, and requesting a written
response from the subject of the complaint. The executive director may authorize a field
investigation to clarify the nature of the allegations and the facts that led to the complaint.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 49.

Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:


Subd. 3.

Referral to other agencies.

The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. Governmental agencies may shall coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 50.

Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
to read:


Subd. 5.

Health professionals services program.

The health-related licensing
boards shall include information regarding the health professionals services program
on their Web sites.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 51.

Minnesota Statutes 2012, section 214.29, is amended to read:


214.29 PROGRAM REQUIRED.

Notwithstanding section 214.28, each health-related licensing board, including the
Emergency Medical Services Regulatory Board under chapter 144E, shall either conduct a
contract with the health professionals service program under sections 214.31 to 214.37
or contract for a diversion program under section 214.28 for a diversion program for
regulated professionals who are unable to practice with reasonable skill and safety by
reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of
any mental, physical, or psychological condition
.

EFFECTIVE DATE.

This section is effective July 1, 2014, and sunsets July 1, 2015.

Sec. 52.

Minnesota Statutes 2012, section 214.31, is amended to read:


214.31 AUTHORITY.

Two or more of the health-related licensing boards listed in section 214.01,
subdivision 2
, may jointly
Notwithstanding section 214.36, the health professionals
services program shall contract with the health-related licensing boards to
conduct a
health professionals services program to protect the public from persons regulated by the
boards who are unable to practice with reasonable skill and safety by reason of illness,
use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental,
physical, or psychological condition. The program does not affect a board's authority to
discipline violations of a board's practice act. For purposes of sections 214.31 to 214.37,
the emergency medical services regulatory board shall be included in the definition of a
health-related licensing board under chapter 144E.

EFFECTIVE DATE.

This section is effective July 1, 2014, and sunsets July 1, 2015.

Sec. 53.

Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
to read:


Subd. 6.

Duties of a participating board.

Upon receiving a report from the
program manager in accordance with section 214.33, subdivision 3, that a regulated
person has been discharged from the program due to noncompliance based on allegations
that the regulated person has engaged in conduct that might cause risk to the public, when
the participating board has probable cause to believe continued practice by the regulated
person presents an imminent risk of harm, the board shall temporarily suspend the
regulated person's professional license until the completion of a disciplinary investigation.
The board must complete the disciplinary investigation within 30 days of receipt of the
report from the program. If the investigation is not completed by the board within 30 days,
the temporary suspension shall be lifted, unless the regulated person requests a delay in
the disciplinary proceedings for any reason, upon which the temporary suspension shall
remain in place until the completion of the investigation.

Sec. 54.

Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:


Subd. 3.

Program manager.

(a) The program manager shall report to the
appropriate participating board a regulated person who:

(1) does not meet program admission criteria,;

(2) violates the terms of the program participation agreement, or;

(3) leaves or is discharged from the program except upon fulfilling the terms for
successful completion of the program as set forth in the participation agreement.;

(4) is subject to the provisions of sections 214.17 to 214.25;

(5) causes identifiable patient harm;

(6) unlawfully substitutes or adulterates medications;

(7) writes a prescription or causes a prescription to be dispensed in the name of a
person, other than the prescriber, or veterinary patient for the personal use of the prescriber;

(8) alters a prescription without the knowledge of the prescriber for the purpose of
obtaining a drug for personal use;

(9) unlawfully uses a controlled or mood-altering substance or uses alcohol while
providing patient care or during the period of time in which the regulated person may be
contacted to provide patient care or is otherwise on duty, if current use is the reason for
participation in the program or the use occurs while the regulated person is participating
in the program; or

The program manager shall report to the appropriate participating board a regulated
person who
(10) is alleged to have committed violations of the person's practice act that
are outside the authority of the health professionals services program as described in
sections 214.31 to 214.37.

(b) The program manager shall inform any reporting person of the disposition of the
person's report to the program.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to
violations that occur after the effective date.

Sec. 55.

Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
to read:


Subd. 5.

Employer mandatory reporting.

(a) An employer of a person regulated
by a health-related licensing board, and a health care institution or other organization
where the regulated person is engaged in providing services, must report to the appropriate
licensing board that a regulated person has diverted narcotics or other controlled
substances in violation of state or federal narcotics or controlled substance law if:

(1) the employer, health care institution, or organization making the report has
knowledge of the diversion; and

(2) the regulated person has diverted narcotics or other controlled substances
from the reporting employer, health care institution, or organization, or at the reporting
institution or organization.

(b) The requirement to report under this subdivision does not apply if:

(1) the regulated person is self-employed;

(2) the knowledge was obtained in the course of a professional-patient relationship
and the regulated person is the patient; or

(3) knowledge of the diversion first becomes known to the employer, health care
institution, or other organization, either from (i) an individual who is serving as a work
site monitor approved by the health professional services program for the regulated
person who has self-reported to the health professional services program, and who
has returned to work pursuant to a health professional services program participation
agreement and monitoring plan; or (ii) the regulated person who has self-reported to the
health professional services program and who has returned to work pursuant to the health
professional services program participation agreement and monitoring plan.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 56.

[214.355] GROUNDS FOR DISCIPLINARY ACTION.

Each health-related licensing board, including the Emergency Medical Services
Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
if a regulated person violates the terms of the health professionals services program
participation agreement or leaves the program except upon fulfilling the terms for
successful completion of the program as set forth in the participation agreement.

EFFECTIVE DATE.

This section is effective July 1, 2014.

Sec. 57.

Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.

(f) This chapter does not apply to any license, registration, or permit that has
been denied or revoked by the Board of Nursing in accordance with section 148.261,
subdivision 1a.

(f) (g) This chapter does not supersede a requirement under law to conduct a
criminal history background investigation or consider criminal history records in hiring
for particular types of employment.

Sec. 58. REVISOR'S INSTRUCTION.

(a) The revisor of statutes shall remove cross-references to the sections repealed in
this article wherever they appear in Minnesota Statutes and Minnesota Rules and make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.

(b) The revisor of statutes shall change the term "physician's assistant" to "physician
assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.

EFFECTIVE DATE.

Paragraph (a) is effective July 1, 2014.

Sec. 59. REPEALER.

(a) Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision
2; and 148.7813,
are repealed.

(b) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed the day
following final enactment.
(c) Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are
repealed.

ARTICLE 5

BOARD OF PHARMACY

Section 1.

Minnesota Statutes 2012, section 151.01, is amended to read:


151.01 DEFINITIONS.

Subdivision 1.

Words, terms, and phrases.

Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of this chapter, shall be given the meanings subjoined to them.

Subd. 2.

Pharmacy.

"Pharmacy" means an established a place of business in
which prescriptions, prescription drugs, medicines, chemicals, and poisons are prepared,
compounded, or dispensed, vended, or sold to or for the use of patients by or under
the supervision of a pharmacist
and from which related clinical pharmacy services are
delivered.

Subd. 2a.

Limited service pharmacy.

"Limited service pharmacy" means a
pharmacy that has been issued a restricted license by the board to perform a limited range
of the activities that constitute the practice of pharmacy.

Subd. 3.

Pharmacist.

The term "Pharmacist" means an individual with a currently
valid license issued by the Board of Pharmacy to practice pharmacy.

Subd. 5.

Drug.

The term "Drug" means all medicinal substances and preparations
recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, vaccines and biologicals, and all substances and preparations intended for external
and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
humans or other animals, and all substances and preparations, other than food, intended to
affect the structure or any function of the bodies of humans or other animals. The term drug
shall also mean any compound, substance, or derivative that is not approved for human
consumption by the United States Food and Drug Administration or specifically permitted
for human consumption under Minnesota law, and, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in
section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
regardless of whether the substance is marketed for the purpose of human consumption.

Subd. 6.

Medicine.

The term "Medicine" means any remedial agent that has the
property of curing, preventing, treating, or mitigating diseases, or that is used for that
purpose.

Subd. 7.

Poisons.

The term "Poisons" means any substance which that, when
introduced into the system, directly or by absorption, produces violent, morbid, or fatal
changes, or which that destroys living tissue with which it comes in contact.

Subd. 8.

Chemical.

The term "Chemical" means all medicinal or industrial
substances, whether simple or compound, or obtained through the process of the science
and art of chemistry, whether of organic or inorganic origin.

Subd. 9.

Board or State Board of Pharmacy.

The term "Board" or "State Board of
Pharmacy" means the Minnesota State Board of Pharmacy.

Subd. 10.

Director.

The term "Director" means the executive director of the
Minnesota State Board of Pharmacy.

Subd. 11.

Person.

The term "Person" means an individual, firm, partnership,
company, corporation, trustee, association, agency, or other public or private entity.

Subd. 12.

Wholesale.

The term "Wholesale" means and includes any sale for the
purpose of resale.

Subd. 13.

Commercial purposes.

The phrase "Commercial purposes" means the
ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
of medicine and, pharmacy, and other health care professions.

Subd. 14.

Manufacturing.

The term "Manufacturing" except in the case of bulk
compounding, prepackaging or extemporaneous compounding within a pharmacy,
means
and includes the production, quality control and standardization by mechanical, physical,
chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
without exception, for medicinal purposes.
preparation, propagation, conversion, or
processing of a drug, either directly or indirectly, by extraction from substances of natural
origin or independently by means of chemical or biological synthesis. Manufacturing
includes the packaging or repackaging of a drug, or the labeling or relabeling of
the container of a drug, for resale by pharmacies, practitioners, or other persons.
Manufacturing does not include the prepackaging, extemporaneous compounding, or
anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
dispensing a drug to a patient pursuant to a valid prescription.

Subd. 14a.

Manufacturer.

"Manufacturer" means any person engaged in
manufacturing.

Subd. 14b.

Outsourcing facility.

"Outsourcing facility" means a facility that is
registered by the United States Food and Drug Administration pursuant to United States
Code, title 21, section 353b.

Subd. 15.

Pharmacist intern.

The term "Pharmacist intern" means (1) a natural
person satisfactorily progressing toward the degree in pharmacy required for licensure, or
(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
college approved by the board, who is registered by the State Board of Pharmacy for the
purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
or (3) a qualified applicant awaiting examination for licensure.

Subd. 15a.

Pharmacy technician.

The term "Pharmacy technician" means a person
not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
preparation and dispensing of medications by performing computer entry of prescription
data and other manipulative tasks. A pharmacy technician shall not perform tasks
specifically reserved to a licensed pharmacist or requiring professional judgment.

Subd. 16.

Prescription drug order.

The term "Prescription drug order" means a
signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
a practitioner licensed to prescribe drugs for patients in the course of the practitioner's
practice, issued for an individual patient and containing the following: the date of issue,
name and address of the patient, name and quantity of the drug prescribed, directions
for use, and the name and address of the prescriber.
for a drug for a specific patient.
Prescription drug orders for controlled substances must be prepared in accordance with the
provisions of section 152.11 and the federal Controlled Substances Act and the regulations
promulgated thereunder.

Subd. 16a.

Prescription.

"Prescription" means a prescription drug order that is
written or printed on paper, an oral order reduced to writing by a pharmacist, or an
electronic order. To be valid, a prescription must be issued for an individual patient by
a practitioner within the scope and usual course of the practitioner's practice, and must
contain the date of issue, name and address of the patient, name and quantity of the drug
prescribed, directions for use, the name and address of the practitioner, and a telephone
number at which the practitioner can be reached. A prescription written or printed on
paper that is given to the patient or an agent of the patient or that is transmitted by fax
must contain the practitioner's manual signature. An electronic prescription must contain
the practitioner's electronic signature.

Subd. 16b.

Chart order.

"Chart order" means a prescription drug order for a
drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
supervision of a pharmacist, and administered by an authorized person only during the
patient's stay in a hospital or long-term care facility. The chart order shall contain the name
of the patient, another patient identifier such as birth date or medical record number, the
drug ordered, and any directions that the practitioner may prescribe concerning strength,
dosage, frequency, and route of administration. The manual or electronic signature of the
practitioner must be affixed to the chart order at the time it is written or at a later date in
the case of verbal chart orders.

Subd. 17.

Legend drug.

"Legend drug" means a drug which that is required by
federal law to bear the following statement, "Caution: Federal law prohibits dispensing
without prescription."
be dispensed only pursuant to the prescription of a licensed
practitioner.

Subd. 18.

Label.

"Label" means a display of written, printed, or graphic matter
upon the immediate container of any drug or medicine; and a requirement made by or
under authority of Laws 1969, chapter 933 that
. Any word, statement, or other information
appearing required by or under the authority of this chapter to appear on the label shall not
be considered to be complied with unless such word, statement, or other information
also
appears appear on the outside container or wrapper, if any there be, of the retail package of
such drug or medicine, or is be easily legible through the outside container or wrapper.

Subd. 19.

Package.

"Package" means any container or wrapping in which any
drug or medicine is enclosed for use in the delivery or display of that article to retail
purchasers, but does not include:

(a) shipping containers or wrappings used solely for the transportation of any such
article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
retail distributors;

(b) shipping containers or outer wrappings used by retailers to ship or deliver any
such article to retail customers if such containers and wrappings bear no printed matter
pertaining to any particular drug or medicine.

Subd. 20.

Labeling.

"Labeling" means all labels and other written, printed, or
graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
accompanying such article.

Subd. 21.

Federal act.

"Federal act" means the Federal Food, Drug, and Cosmetic
Act, United States Code, title 21, section 301, et seq., as amended.

Subd. 22.

Pharmacist in charge.

"Pharmacist in charge" means a duly licensed
pharmacist in the state of Minnesota who has been designated in accordance with the rules
of the State Board of Pharmacy to assume professional responsibility for the operation
of the pharmacy in compliance with the requirements and duties as established by the
board in its rules.

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs
(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to
prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
authorized to prescribe, dispense, and administer under section 148.235. For purposes of
sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph
(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and
administer under chapter 150A.

Subd. 24.

Brand name.

"Brand name" means the registered trademark name given
to a drug product by its manufacturer, labeler or distributor.

Subd. 25.

Generic name.

"Generic name" means the established name or official
name of a drug or drug product.

Subd. 26.

Finished dosage form.

"Finished dosage form" means that form of a
drug which that is or is intended to be dispensed or administered to the patient and requires
no further manufacturing or processing other than packaging, reconstitution, or labeling.

Subd. 27.

Practice of pharmacy.

"Practice of pharmacy" means:

(1) interpretation and evaluation of prescription drug orders;

(2) compounding, labeling, and dispensing drugs and devices (except labeling by
a manufacturer or packager of nonprescription drugs or commercially packaged legend
drugs and devices);

(3) participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs, including the performance of laboratory tests
that are waived under the federal Clinical Laboratory Improvement Act of 1988, United
States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the
results of laboratory tests but may modify drug therapy only pursuant to a protocol or
collaborative practice agreement
;

(4) participation in drug and therapeutic device selection; drug administration for first
dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;

(5) participation in administration of influenza vaccines to all eligible individuals ten
years of age and older and all other vaccines to patients 18 years of age and older under
standing orders from a physician licensed under chapter 147 or
by written protocol with a
physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
under chapter 147A, or an advanced practice registered nurse authorized to prescribe
drugs under section 148.235,
provided that:

(i) the protocol includes, at a minimum:

(A) the name, dose, and route of each vaccine that may be given;

(B) the patient population for whom the vaccine may be given;

(C) contraindications and precautions to the vaccine;

(D) the procedure for handling an adverse reaction;

(E) the name, signature, and address of the physician, physician assistant, or
advanced practice registered nurse;

(F) a telephone number at which the physician, physician assistant, or advanced
practice registered nurse can be contacted; and

(G) the date and time period for which the protocol is valid;

(i) (ii) the pharmacist is trained in has successfully completed a program approved
by the American Accreditation Council of Pharmaceutical for Pharmacy Education
specifically for the administration of immunizations or graduated from a college of
pharmacy in 2001 or thereafter
a program approved by the board; and

(ii) (iii) the pharmacist reports the administration of the immunization to the patient's
primary physician or clinic or to the Minnesota Immunization Information Connection; and

(iv) the pharmacist complies with guidelines for vaccines and immunizations
established by the federal Advisory Committee on Immunization Practices, except that a
pharmacist does not need to comply with those portions of the guidelines that establish
immunization schedules when administering a vaccine pursuant to a valid, patient-specific
order issued by a physician licensed under chapter 147, a physician assistant authorized to
prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
drugs under section 148.235, provided that the order is consistent with the United States
Food and Drug Administration approved labeling of the vaccine;

(6) participation in the practice of managing drug therapy and modifying initiation,
management, modification, and discontinuation of
drug therapy, according to section
151.21, subdivision 1,
according to a written protocol or collaborative practice agreement
between the specific pharmacist: (i) one or more pharmacists and the individual dentist,
optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
care and authorized to independently prescribe drugs
one or more dentists, optometrists,
physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
or advanced practice nurses authorized to prescribe, dispense, and administer under
section 148.235
. Any significant changes in drug therapy made pursuant to a protocol or
collaborative practice agreement
must be reported documented by the pharmacist to in
the patient's medical record or reported by the pharmacist to a practitioner responsible
for the patient's care
;

(7) participation in the storage of drugs and the maintenance of records;

(8) responsibility for participation in patient counseling on therapeutic values,
content, hazards, and uses of drugs and devices; and

(9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.

Subd. 27a.

Protocol.

"Protocol" means:

(1) a specific written plan that describes the nature and scope of activities that a
pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
therapy as allowed in subdivision 27, clause (6); or

(2) a specific written plan that authorizes a pharmacist to administer vaccines and
that complies with subdivision 27, clause (5).

Subd. 27b.

Collaborative practice.

"Collaborative practice" means patient care
activities, consistent with subdivision 27, engaged in by one or more pharmacists who
have agreed to work in collaboration with one or more practitioners to initiate, manage,
and modify drug therapy under specified conditions mutually agreed to by the pharmacists
and practitioners.

Subd. 27c.

Collaborative practice agreement.

"Collaborative practice agreement"
means a written and signed agreement between one or more pharmacists and one or more
practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.

Subd. 28.

Veterinary legend drug.

"Veterinary legend drug" means a drug that is
required by federal law to bear the following statement: "Caution: Federal law restricts
this drug to use by or on the order of a licensed veterinarian."
be dispensed only pursuant
to the prescription of a licensed veterinarian.

Subd. 29.

Legend medical gas.

"Legend medical gas" means a liquid or gaseous
substance used for medical purposes and that is required by federal law to bear the
following statement: "Caution: Federal law prohibits dispensing without a prescription."
be dispensed only pursuant to the prescription of a licensed practitioner.

Subd. 30.

Dispense or dispensing.

"Dispense or dispensing" means the preparation
or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
appropriately labeled for subsequent administration to or use by a patient or other individual
entitled to receive the drug.
interpretation, evaluation, and processing of a prescription
drug order and includes those processes specified by the board in rule that are necessary
for the preparation and provision of a drug to a patient or patient's agent in a suitable
container appropriately labeled for subsequent administration to, or use by, a patient.

Subd. 31.

Central service pharmacy.

"Central service pharmacy" means a
pharmacy that may provide dispensing functions, drug utilization review, packaging,
labeling, or delivery of a prescription product to another pharmacy for the purpose of
filling a prescription.

Subd. 32.

Electronic signature.

"Electronic signature" means an electronic sound,
symbol, or process attached to or associated with a record and executed or adopted by a
person with the intent to sign the record.

Subd. 33.

Electronic transmission.

"Electronic transmission" means transmission
of information in electronic form.

Subd. 34.

Health professional shortage area.

"Health professional shortage area"
means an area designated as such by the federal Secretary of Health and Human Services,
as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
title 42, section 254E.

Subd. 35.

Compounding.

"Compounding" means preparing, mixing, assembling,
packaging, and labeling a drug for an identified individual patient as a result of
a practitioner's prescription drug order. Compounding also includes anticipatory
compounding, as defined in this section, and the preparation of drugs in which all bulk
drug substances and components are nonprescription substances. Compounding does
not include mixing or reconstituting a drug according to the product's labeling or to the
manufacturer's directions. Compounding does not include the preparation of a drug for the
purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
is not prepared for dispensing or administration to patients. All compounding, regardless
of the type of product, must be done pursuant to a prescription drug order unless otherwise
permitted in this chapter or by the rules of the board. Compounding does not include a
minor deviation from such directions with regard to radioactivity, volume, or stability,
which is made by or under the supervision of a licensed nuclear pharmacist or a physician,
and which is necessary in order to accommodate circumstances not contemplated in the
manufacturer's instructions, such as the rate of radioactive decay or geographical distance
from the patient.

Subd. 36.

Anticipatory compounding.

"Anticipatory compounding" means the
preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
meet the short-term anticipated need of the pharmacy for the filling of prescription drug
orders. In the case of practitioners only, anticipatory compounding means the preparation
of a supply of a compounded drug product that is sufficient to meet the practitioner's
short-term anticipated need for dispensing or administering the drug to patients treated
by the practitioner. Anticipatory compounding is not the preparation of a compounded
drug product for wholesale distribution.

Subd. 37.

Extemporaneous compounding.

"Extemporaneous compounding"
means the compounding of a drug product pursuant to a prescription drug order for a specific
patient that is issued in advance of the compounding. Extemporaneous compounding is
not the preparation of a compounded drug product for wholesale distribution.

Subd. 38.

Compounded positron emission tomography drug.

"Compounded
positron emission tomography drug"
means a drug that:

(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
positrons and is used for the purpose of providing dual photon positron emission
tomographic diagnostic images;

(2) has been compounded by or on the order of a practitioner in accordance with the
relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
teaching, or quality control; and

(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
accelerator, target material, electronic synthesizer, or other apparatus or computer program
to be used in the preparation of such a drug.

Sec. 2.

Minnesota Statutes 2012, section 151.06, is amended to read:


151.06 POWERS AND DUTIES.

Subdivision 1.

Generally; rules.

(a) Powers and duties. The Board of Pharmacy
shall have the power and it shall be its duty:

(1) to regulate the practice of pharmacy;

(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;

(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
dispensed in this state, using the United States Pharmacopeia and the National Formulary,
or any revisions thereof, or standards adopted under the federal act as the standard;

(4) to enter and inspect by its authorized representative any and all places where
drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
after paying or offering to pay for such sample; it shall be entitled to inspect and make
copies of any and all records of shipment, purchase, manufacture, quality control, and
sale of these items provided, however, that such inspection shall not extend to financial
data, sales data, or pricing data;

(5) to examine and license as pharmacists all applicants whom it shall deem qualified
to be such;

(6) to license wholesale drug distributors;

(7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any
registration or license required under this chapter, to any applicant or registrant or licensee
upon any of the following grounds: listed in section 151.071, and in accordance with
the provisions of section 151.071;

(i) fraud or deception in connection with the securing of such license or registration;

(ii) in the case of a pharmacist, conviction in any court of a felony;

(iii) in the case of a pharmacist, conviction in any court of an offense involving
moral turpitude;

(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
or habitual indulgence in intoxicating liquors in a manner which could cause conduct
endangering public health;

(v) unprofessional conduct or conduct endangering public health;

(vi) gross immorality;

(vii) employing, assisting, or enabling in any manner an unlicensed person to
practice pharmacy;

(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;

(ix) violation of any of the provisions of this chapter or any of the rules of the State
Board of Pharmacy;

(x) in the case of a pharmacy license, operation of such pharmacy without a
pharmacist present and on duty;

(xi) in the case of a pharmacist, physical or mental disability which could cause
incompetency in the practice of pharmacy;

(xii) in the case of a pharmacist, the suspension or revocation of a license to practice
pharmacy in another state; or

(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
violation of section 609.215 as established by any of the following:

(A) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;

(B) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;

(C) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5
; or

(D) a finding by the board that the person violated section 609.215, subdivision
1
or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1
or 2;

(8) to employ necessary assistants and adopt rules for the conduct of its business;

(9) to register as pharmacy technicians all applicants who the board determines are
qualified to carry out the duties of a pharmacy technician; and

(10) to perform such other duties and exercise such other powers as the provisions of
the act may require.; and

(11) to enter and inspect any business to which it issues a license or registration.

(b) Temporary suspension. In addition to any other remedy provided by law, the board
may, without a hearing, temporarily suspend a license for not more than 60 days if the board
finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
and continued practice by the pharmacist would create an imminent risk of harm to others.
The suspension shall take effect upon written notice to the pharmacist, specifying the
statute or rule violated. At the time it issues the suspension notice, the board shall schedule
a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
shall be provided with at least 20 days' notice of any hearing held under this subdivision.

(c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make
and publish uniform rules not inconsistent herewith for carrying out and enforcing
the provisions of this chapter. The board shall adopt rules regarding prospective drug
utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
the pharmacist's professional judgment, upon the presentation of a new prescription by a
patient or the patient's caregiver or agent, shall perform the prospective drug utilization
review required by rules issued under this subdivision.

(d) (c) Substitution; rules. If the United States Food and Drug Administration
(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
seizures poses a health risk to patients, the board shall adopt rules in accordance with
accompanying FDA interchangeability standards regarding the use of substitution for
these drugs. If the board adopts a rule regarding the substitution of drugs used for the
treatment of epilepsy or seizures that conflicts with the substitution requirements of
section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule
proposed by the board would increase state costs for state public health care programs,
the board shall report to the chairs and ranking minority members of the senate Health
and Human Services Budget Division and the house of representatives Health Care and
Human Services Finance Division the proposed rule and the increased cost associated
with the proposed rule before the board may adopt the rule.

Subd. 1a.

Disciplinary action Cease and desist orders.

It shall be grounds for
disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
the Board of Pharmacy determines that any person with supervisory responsibilities at the
pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
review and patient counseling as required by rules adopted under subdivision 1. The
Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
taken under this section.
(a) Whenever it appears to the board that a person has engaged in
an act or practice constituting a violation of a law, rule, or other order related to the duties
and responsibilities entrusted to the board, the board may issue and cause to be served
upon the person an order requiring the person to cease and desist from violations.

(b) The cease and desist order must state the reasons for the issuance of the order
and must give reasonable notice of the rights of the person to request a hearing before
an administrative law judge. A hearing must be held not later than ten days after the
request for the hearing is received by the board. After the completion of the hearing,
the administrative law judge shall issue a report within ten days. Within 15 days after
receiving the report of the administrative law judge, the board shall issue a further order
vacating or making permanent the cease and desist order. The time periods provided in
this provision may be waived by agreement of the executive director of the board and the
person against whom the cease and desist order was issued. If the person to whom a cease
and desist order is issued fails to appear at the hearing after being duly notified, the person
is in default, and the proceeding may be determined against that person upon consideration
of the cease and desist order, the allegations of which may be considered to be true. Unless
otherwise provided, all hearings must be conducted according to chapter 14. The board
may adopt rules of procedure concerning all proceedings conducted under this subdivision.

(c) If no hearing is requested within 30 days of service of the order, the cease and
desist order will become permanent.

(d) A cease and desist order issued under this subdivision remains in effect until
it is modified or vacated by the board. The administrative proceeding provided by this
subdivision, and subsequent appellate judicial review of that administrative proceeding,
constitutes the exclusive remedy for determining whether the board properly issued the
cease and desist order and whether the cease and desist order should be vacated or made
permanent.

Subd. 1b.

Enforcement of violations of cease and desist orders.

(a) Whenever
the board under subdivision 1a seeks to enforce compliance with a cease and desist
order that has been made permanent, the allegations of the cease and desist order are
considered conclusively established for purposes of proceeding under subdivision 1a for
permanent or temporary relief to enforce the cease and desist order. Whenever the board
under subdivision 1a seeks to enforce compliance with a cease and desist order when a
hearing or hearing request on the cease and desist order is pending, or the time has not
yet expired to request a hearing on whether a cease and desist order should be vacated or
made permanent, the allegations in the cease and desist order are considered conclusively
established for the purposes of proceeding under subdivision 1a for temporary relief to
enforce the cease and desist order.

(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
the cease and desist order is issued and who has requested a hearing under subdivision 1a
may, within 15 days after service of the cease and desist order, bring an action in Ramsey
County District Court for issuance of an injunction to suspend enforcement of the cease
and desist order pending a final decision of the board under subdivision 1a to vacate or
make permanent the cease and desist order. The court shall determine whether to issue
such an injunction based on traditional principles of temporary relief.

Subd. 2.

Application.

In the case of a facility licensed or registered by the board,
the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
shall also apply to the following:

(1) In the case of a partnership, each partner thereof;

(2) In the case of an association, each member thereof;

(3) In the case of a corporation, each officer or director thereof and each shareholder
owning 30 percent or more of the voting stock of such corporation.

Subd. 3.

Application of Administrative Procedure Act.

The board shall comply
with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
license or registration issued under this chapter.

Subd. 4.

Reinstatement.

Any license or registration which has been suspended
or revoked may be reinstated by the board provided the holder thereof shall pay all costs
of the proceedings resulting in the suspension or revocation, and, in addition thereto,
pay a fee set by the board.

Subd. 5.

Costs; penalties.

The board may impose a civil penalty not exceeding
$10,000 for each separate violation, the amount of the civil penalty to be fixed so as
to deprive a licensee or registrant of any economic advantage gained by reason of
the violation, to discourage similar violations by the licensee or registrant or any other
licensee or registrant, or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members.

EFFECTIVE DATE.

Subdivisions 1a and 1b are effective August 1, 2014, and
apply to violations occurring on or after that date.

Sec. 3.

[151.071] DISCIPLINARY ACTION.

Subdivision 1.

Forms of disciplinary action.

When the board finds that a licensee,
registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
do one or more of the following:

(1) deny the issuance of a license or registration;

(2) refuse to renew a license or registration;

(3) revoke the license or registration;

(4) suspend the license or registration;

(5) impose limitations, conditions, or both on the license or registration, including
but not limited to: the limitation of practice to designated settings; the limitation of the
scope of practice within designated settings; the imposition of retraining or rehabilitation
requirements; the requirement of practice under supervision; the requirement of
participation in a diversion program such as that established pursuant to section 214.31
or the conditioning of continued practice on demonstration of knowledge or skills by
appropriate examination or other review of skill and competence;

(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
economic advantage gained by reason of the violation, to discourage similar violations
by the licensee or registrant or any other licensee or registrant, or to reimburse the board
for the cost of the investigation and proceeding, including but not limited to, fees paid
for services provided by the Office of Administrative Hearings, legal and investigative
services provided by the Office of the Attorney General, court reporters, witnesses,
reproduction of records, board members' per diem compensation, board staff time, and
travel costs and expenses incurred by board staff and board members; and

(7) reprimand the licensee or registrant.

Subd. 2.

Grounds for disciplinary action.

The following conduct is prohibited and
is grounds for disciplinary action:

(1) failure to demonstrate the qualifications or satisfy the requirements for a license
or registration contained in this chapter or the rules of the board. The burden of proof is on
the applicant to demonstrate such qualifications or satisfaction of such requirements;

(2) obtaining a license by fraud or by misleading the board in any way during
the application process or obtaining a license by cheating, or attempting to subvert
the licensing examination process. Conduct that subverts or attempts to subvert the
licensing examination process includes, but is not limited to: (i) conduct that violates the
security of the examination materials, such as removing examination materials from the
examination room or having unauthorized possession of any portion of a future, current,
or previously administered licensing examination; (ii) conduct that violates the standard of
test administration, such as communicating with another examinee during administration
of the examination, copying another examinee's answers, permitting another examinee
to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
examinee or permitting an impersonator to take the examination on one's own behalf;

(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
intern registration, conviction of a felony reasonably related to the practice of pharmacy.
Conviction as used in this subdivision includes a conviction of an offense that if committed
in this state would be deemed a felony without regard to its designation elsewhere, or
a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered thereon. The board may delay the
issuance of a new license or registration if the applicant has been charged with a felony
until the matter has been adjudicated;

(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
owner or applicant is convicted of a felony reasonably related to the operation of the
facility. The board may delay the issuance of a new license or registration if the owner or
applicant has been charged with a felony until the matter has been adjudicated;

(5) for a controlled substance researcher, conviction of a felony reasonably related
to controlled substances or to the practice of the researcher's profession. The board may
delay the issuance of a registration if the applicant has been charged with a felony until
the matter has been adjudicated;

(6) disciplinary action taken by another state or by one of this state's health licensing
agencies:

(i) revocation, suspension, restriction, limitation, or other disciplinary action against
a license or registration in another state or jurisdiction, failure to report to the board that
charges or allegations regarding the person's license or registration have been brought in
another state or jurisdiction, or having been refused a license or registration by any other
state or jurisdiction. The board may delay the issuance of a new license or registration if
an investigation or disciplinary action is pending in another state or jurisdiction until the
investigation or action has been dismissed or otherwise resolved; and

(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
a license or registration issued by another of this state's health licensing agencies, failure
to report to the board that charges regarding the person's license or registration have been
brought by another of this state's health licensing agencies, or having been refused a
license or registration by another of this state's health licensing agencies. The board may
delay the issuance of a new license or registration if a disciplinary action is pending before
another of this state's health licensing agencies until the action has been dismissed or
otherwise resolved;

(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
of any order of the board, of any of the provisions of this chapter or any rules of the
board or violation of any federal, state, or local law or rule reasonably pertaining to the
practice of pharmacy;

(8) for a facility, other than a pharmacy, licensed by the board, violations of any
order of the board, of any of the provisions of this chapter or the rules of the board or
violation of any federal, state, or local law relating to the operation of the facility;

(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
of a patient; or pharmacy practice that is professionally incompetent, in that it may create
unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;

(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
that it is not a violation of this clause for a pharmacist to supervise a properly registered
pharmacy technician or pharmacist intern if that person is performing duties allowed
by this chapter or the rules of the board;

(11) for an individual licensed or registered by the board, adjudication as mentally ill
or developmentally disabled, or as a chemically dependent person, a person dangerous
to the public, a sexually dangerous person, or a person who has a sexual psychopathic
personality, by a court of competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a license for the duration thereof unless the
board orders otherwise;

(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
specified in board rules that would be unprofessional if it were engaged in by a pharmacist
or pharmacist intern or performing duties specifically reserved for pharmacists under this
chapter or the rules of the board;

(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
duty except as allowed by a variance approved by the board;

(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
any other type of material or as a result of any mental or physical condition, including
deterioration through the aging process or loss of motor skills. In the case of registered
pharmacy technicians, pharmacist interns, or controlled substance researchers, the
inability to carry out duties allowed under this chapter or the rules of the board with
reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
narcotics, chemicals, or any other type of material or as a result of any mental or physical
condition, including deterioration through the aging process or loss of motor skills;

(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
gas distributor, or controlled substance researcher, revealing a privileged communication
from or relating to a patient except when otherwise required or permitted by law;

(16) for a pharmacist or pharmacy, improper management of patient records,
including failure to maintain adequate patient records, to comply with a patient's request
made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
required by law;

(17) fee splitting, including without limitation:

(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
and

(ii) referring a patient to any health care provider as defined in sections 144.291 to
144.298 in which the licensee or registrant has a financial or economic interest as defined
in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the
licensee's or registrant's financial or economic interest in accordance with section 144.6521;

(18) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws or rules;

(19) engaging in conduct with a patient that is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient;

(20) failure to make reports as required by section 151.072 or to cooperate with an
investigation of the board as required by section 151.074;

(21) knowingly providing false or misleading information that is directly related
to the care of a patient unless done for an accepted therapeutic purpose such as the
dispensing and administration of a placebo;

(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;

(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;

(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2;

(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
For a pharmacist intern, pharmacy technician, or controlled substance researcher,
performing duties permitted to such individuals by this chapter or the rules of the board
under a lapsed or nonrenewed registration. For a facility required to be licensed under this
chapter, operation of the facility under a lapsed or nonrenewed license or registration; and

(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or
discharge from the health professionals services program for reasons other than the
satisfactory completion of the program.

Subd. 3.

Automatic suspension.

(a) A license or registration issued under this
chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
other than the minority of the licensee or registrant; or (2) the licensee or registrant is
committed by order of a court pursuant to chapter 253B. The license or registration
remains suspended until the licensee is restored to capacity by a court and, upon petition
by the licensee or registrant, the suspension is terminated by the board after a hearing.

(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
of pharmacy, the license or registration of the regulated person may be automatically
suspended by the board. The license or registration will remain suspended until, upon
petition by the regulated individual and after a hearing, the suspension is terminated by
the board. The board may indefinitely suspend or revoke the license or registration of the
regulated individual if, after a hearing before the board, the board finds that the felonious
conduct would cause a serious risk of harm to the public.

(c) For a facility that is licensed or registered by the board, upon notice to the
board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
a felony reasonably related to the operation of the facility, the license or registration of
the facility may be automatically suspended by the board. The license or registration will
remain suspended until, upon petition by the facility and after a hearing, the suspension
is terminated by the board. The board may indefinitely suspend or revoke the license or
registration of the facility if, after a hearing before the board, the board finds that the
felonious conduct would cause a serious risk of harm to the public.

(d) For licenses and registrations that have been suspended or revoked pursuant
to paragraphs (a) and (b), the regulated individual may have a license or registration
reinstated, either with or without restrictions, by demonstrating clear and convincing
evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
the conviction subsequently overturned by court decision, the board shall conduct a
hearing to review the suspension within 30 days after the receipt of the court decision.
The regulated individual is not required to prove rehabilitation if the subsequent court
decision overturns previous court findings of public risk.

(e) For licenses and registrations that have been suspended or revoked pursuant to
paragraph (c), the regulated facility may have a license or registration reinstated, either with
or without restrictions, conditions, or limitations, by demonstrating clear and convincing
evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
convicted owner has the conviction subsequently overturned by court decision, the board
shall conduct a hearing to review the suspension within 30 days after receipt of the court
decision. The regulated facility is not required to prove rehabilitation of the convicted
owner if the subsequent court decision overturns previous court findings of public risk.

(f) The board may, upon majority vote of a quorum of its appointed members,
suspend the license or registration of a regulated individual without a hearing if the
regulated individual fails to maintain a current name and address with the board, as
described in paragraphs (h) and (i), while the regulated individual is: (1) under board
investigation, and a notice of conference has been issued by the board; (2) party to a
contested case with the board; (3) party to an agreement for corrective action with the
board; or (4) under a board order for disciplinary action. The suspension shall remain
in effect until lifted by the board to the board's receipt of a petition from the regulated
individual, along with the current name and address of the regulated individual.

(g) The board may, upon majority vote of a quorum of its appointed members,
suspend the license or registration of a regulated facility without a hearing if the regulated
facility fails to maintain a current name and address of the owner of the facility with the
board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
board investigation, and a notice of conference has been issued by the board; (2) party
to a contested case with the board; (3) party to an agreement for corrective action with
the board; or (4) under a board order for disciplinary action. The suspension shall remain
in effect until lifted by the board pursuant to the board's receipt of a petition from the
regulated facility, along with the current name and address of the owner of the facility.

(h) An individual licensed or registered by the board shall maintain a current name
and home address with the board and shall notify the board in writing within 30 days of
any change in name or home address. An individual regulated by the board shall also
maintain a current business address with the board as required by section 214.073. For
an individual, if a name change only is requested, the regulated individual must request
a revised license or registration. The board may require the individual to substantiate
the name change by submitting official documentation from a court of law or agency
authorized under law to receive and officially record a name change. In the case of an
individual, if an address change only is requested, no request for a revised license or
registration is required. If the current license or registration of an individual has been lost,
stolen, or destroyed, the individual shall provide a written explanation to the board.

(i) A facility licensed or registered by the board shall maintain a current name and
address with the board. A facility shall notify the board in writing within 30 days of any
change in name. A facility licensed or registered by the board but located outside of the
state must notify the board within 30 days of an address change. A facility licensed or
registered by the board and located within the state must notify the board at least 60
days in advance of a change of address that will result from the move of the facility to a
different location and must pass an inspection at the new location as required by the board.
If the current license or registration of a facility has been lost, stolen, or destroyed, the
facility shall provide a written explanation to the board.

Subd. 4.

Effective dates.

A suspension, revocation, condition, limitation,
qualification, or restriction of a license or registration shall be in effect pending
determination of an appeal. A revocation of a license pursuant to subdivision 1 is not
appealable and shall remain in effect indefinitely.

Subd. 5.

Conditions on reissued license.

In its discretion, the board may restore
and reissue a license or registration issued under this chapter, but as a condition thereof
may impose any disciplinary or corrective measure that it might originally have imposed.

Subd. 6.

Temporary suspension of license for pharmacists.

In addition to any
other remedy provided by law, the board may, without a hearing, temporarily suspend the
license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
that the board is empowered to enforce and continued practice by the pharmacist would
create a serious risk of harm to the public. The suspension shall take effect upon written
notice to the pharmacist, specifying the statute or rule violated. The suspension shall
remain in effect until the board issues a final order in the matter after a hearing. At the
time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
be scheduled to begin no later than 30 days after the issuance of the suspension order.

Subd. 7.

Temporary suspension of license for pharmacist interns, pharmacy
technicians, and controlled substance researchers.

In addition to any other remedy
provided by law, the board may, without a hearing, temporarily suspend the registration of
a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
finds that the registrant has violated a statute or rule that the board is empowered to enforce
and continued registration of the registrant would create a serious risk of harm to the
public. The suspension shall take effect upon written notice to the registrant, specifying
the statute or rule violated. The suspension shall remain in effect until the board issues a
final order in the matter after a hearing. At the time it issues the suspension notice, the
board shall schedule a disciplinary hearing to be held pursuant to the Administrative
Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
later than 30 days after the issuance of the suspension order.

Subd. 8.

Temporary suspension of license for pharmacies, drug wholesalers,
drug manufacturers, medical gas manufacturers, and medical gas distributors.

In addition to any other remedy provided by law, the board may, without a hearing,
temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
that the licensee or registrant has violated a statute or rule that the board is empowered
to enforce and continued operation of the licensed facility would create a serious risk of
harm to the public. The suspension shall take effect upon written notice to the licensee or
registrant, specifying the statute or rule violated. The suspension shall remain in effect
until the board issues a final order in the matter after a hearing. At the time it issues the
suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
the Administrative Procedure Act. The licensee or registrant shall be provided with at
least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
scheduled to begin no later than 30 days after the issuance of the suspension order.

Subd. 9.

Evidence.

In disciplinary actions alleging a violation of subdivision 2,
clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered the same shall be admissible
into evidence without further authentication and shall constitute prima facie evidence
of the contents thereof.

Subd. 10.

Mental examination; access to medical data.

(a) If the board receives
a complaint and has probable cause to believe that an individual licensed or registered
by the board falls under subdivision 2, clause (14), it may direct the individual to submit
to a mental or physical examination. For the purpose of this subdivision, every licensed
or registered individual is deemed to have consented to submit to a mental or physical
examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining practitioner's testimony or examination
reports on the grounds that the same constitute a privileged communication. Failure of a
licensed or registered individual to submit to an examination when directed constitutes
an admission of the allegations against the individual, unless the failure was due to
circumstances beyond the individual's control, in which case a default and final order
may be entered without the taking of testimony or presentation of evidence. Pharmacists
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that they can resume the competent practice of the profession of pharmacy
with reasonable skill and safety to the public. Pharmacist interns, pharmacy technicians,
or controlled substance researchers affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that they can competently resume the
duties that can be performed, under this chapter or the rules of the board, by similarly
registered persons with reasonable skill and safety to the public. In any proceeding under
this paragraph, neither the record of proceedings nor the orders entered by the board shall
be used against a licensed or registered individual in any other proceeding.

(b) Notwithstanding section 13.384, 144.651, or any other law limiting access to
medical or other health data, the board may obtain medical data and health records relating
to an individual licensed or registered by the board, or to an applicant for licensure or
registration, without the individual's consent when the board receives a complaint and has
probable cause to believe that the individual is practicing in violation of subdivision 2,
clause (14), and the data and health records are limited to the complaint. The medical
data may be requested from a provider, as defined in section 144.291, subdivision 2,
paragraph (h), an insurance company, or a government agency, including the Department
of Human Services. A provider, insurance company, or government agency shall comply
with any written request of the board under this subdivision and is not liable in any
action for damages for releasing the data requested by the board if the data are released
pursuant to a written request under this subdivision, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision is classified as private under sections
13.01 to 13.87.

Subd. 11.

Tax clearance certificate.

(a) In addition to the provisions of subdivision
1, the board may not issue or renew a license or registration if the commissioner of
revenue notifies the board and the licensee or applicant for a license that the licensee or
applicant owes the state delinquent taxes in the amount of $500 or more. The board may
issue or renew the license or registration only if (1) the commissioner of revenue issues a
tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
applicant forwards a copy of the clearance to the board. The commissioner of revenue
may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
the state any uncontested delinquent taxes.

(b) For purposes of this subdivision, the following terms have the meanings given.

(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
and interest due on those taxes.

(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
action that contests the amount or validity of the liability has been filed or served, (ii) the
appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
has entered into a payment agreement to pay the liability and is current with the payments.

(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
registrant, or applicant is required to obtain a clearance certificate under this subdivision,
a contested case hearing must be held if the licensee or applicant requests a hearing in
writing to the commissioner of revenue within 30 days of the date of the notice provided
in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
to the contrary, the licensee or applicant must be served with 20 days' notice in writing
specifying the time and place of the hearing and the allegations against the licensee or
applicant. The notice may be served personally or by mail.

(d) A licensee or applicant must provide the licensee's or applicant's Social Security
number and Minnesota business identification number on all license applications. Upon
request of the commissioner of revenue, the board must provide to the commissioner of
revenue a list of all licensees and applicants that includes the licensee's or applicant's
name, address, Social Security number, and business identification number. The
commissioner of revenue may request a list of the licensees and applicants no more than
once each calendar year.

Subd. 12.

Limitation.

No board proceeding against a regulated person or facility
shall be instituted unless commenced within seven years from the date of the commission
of some portion of the offense or misconduct complained of except for alleged violations
of subdivision 2, clause (21).

Sec. 4.

[151.072] REPORTING OBLIGATIONS.

Subdivision 1.

Permission to report.

A person who has knowledge of any conduct
constituting grounds for discipline under the provisions of this chapter or the rules of the
board may report the violation to the board.

Subd. 2.

Pharmacies.

A pharmacy located in this state must report to the board any
discipline that is related to an incident involving conduct that would constitute grounds
for discipline under the provisions of this chapter or the rules of the board, that is taken
by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
pharmacy technician, including the termination of employment of the individual or the
revocation, suspension, restriction, limitation, or conditioning of an individual's ability
to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
any disciplinary proceeding, or prior to the commencement of formal charges but after the
individual had knowledge that formal charges were contemplated or in preparation. Each
report made under this subdivision must state the nature of the action taken and state in
detail the reasons for the action. Failure to report violations as required by this subdivision
is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).

Subd. 3.

Licensees and registrants of the board.

A licensee or registrant of
the board shall report to the board personal knowledge of any conduct that the person
reasonably believes constitutes grounds for disciplinary action under this chapter or
the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
controlled substance researcher, including any conduct indicating that the person may be
professionally incompetent, or may have engaged in unprofessional conduct or may be
medically or physically unable to engage safely in the practice of pharmacy or to carry
out the duties permitted to the person by this chapter or the rules of the board. Failure
to report violations as required by this subdivision is a basis for discipline pursuant to
section 151.071, subdivision 2, clause (20).

Subd. 4.

Self-reporting.

A licensee or registrant of the board shall report to the
board any personal action that would require that a report be filed with the board pursuant
to subdivision 2.

Subd. 5.

Deadlines; forms.

Reports required by subdivisions 2 to 4 must be
submitted not later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to assure prompt and accurate reporting.

Subd. 6.

Subpoenas.

The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 4 or any related documents.

Sec. 5.

[151.073] IMMUNITY.

Subdivision 1.

Reporting.

Any person, health care facility, business, or organization
is immune from civil liability or criminal prosecution for submitting in good faith a report
to the board under section 151.072 or for otherwise reporting in good faith to the board
violations or alleged violations of this chapter or the rules of the board. All such reports
are investigative data as defined in chapter 13.

Subd. 2.

Investigation.

(a) Members of the board and persons employed by the board
or engaged on behalf of the board in the investigation of violations and in the preparation
and management of charges or violations of this chapter of the rules of the board, or persons
participating in the investigation or testifying regarding charges of violations, when acting
in good faith, are immune from civil liability for any actions, transactions, or publications
in the execution of, or relating to, their duties under this chapter or the rules of the board.

(b) Members of the board and persons employed by the board or engaged in
maintaining records and making reports regarding adverse health care events are immune
from civil liability for any actions, transactions, or publications in the execution of, or
relating to, their duties under section 151.301.

Sec. 6.

[151.074] LICENSEE OR REGISTRANT COOPERATION.

An individual who is licensed or registered by the board, who is the subject of an
investigation by or on behalf of the board, shall cooperate fully with the investigation.
An owner or employee of a facility that is licensed or registered by the board, when the
facility is the subject of an investigation by or on behalf of the board, shall cooperate
fully with the investigation. Cooperation includes responding fully and promptly to any
question raised by, or on behalf of, the board relating to the subject of the investigation and
providing copies of patient pharmacy records and other relevant records, as reasonably
requested by the board, to assist the board in its investigation. The board shall maintain
any records obtained pursuant to this section as investigative data pursuant to chapter 13.

Sec. 7.

[151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.

Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court shall seal the administrative record, except for the board's final decision,
and shall not make the administrative record available to the public.

Sec. 8.

Minnesota Statutes 2012, section 151.211, is amended to read:


151.211 RECORDS OF PRESCRIPTIONS.

Subdivision 1.

Retention of prescription drug orders.

All prescriptions dispensed
prescription drug orders shall be kept on file at the location in from which such dispensing
occurred of the ordered drug occurs for a period of at least two years. Prescription drug
orders that are electronically prescribed must be kept on file in the format in which
they were originally received. Written or printed prescription drug orders and verbal
prescription drug orders reduced to writing, must be kept on file as received or transcribed,
except that such orders may be kept in an electronic format as allowed by the board.
Electronic systems used to process and store prescription drug orders must be compliant
with the requirements of this chapter and the rules of the board. Prescription drug orders
that are stored in an electronic format, as permitted by this subdivision, may be kept on
file at a remote location provided that they are readily and securely accessible from the
location at which dispensing of the ordered drug occurred.

Subd. 2.

Refill requirements.

No A prescription shall drug order may be refilled
except only with the written, electronic, or verbal consent of the prescriber and in
accordance with the requirements of this chapter, the rules of the board, and where
applicable, section 152.11
. The date of such refill must be recorded and initialed upon
the original prescription drug order, or within the electronically maintained record of the
original prescription drug order, by the pharmacist, pharmacist intern, or practitioner
who refills the prescription.

Sec. 9.

[151.251] COMPOUNDING.

Subdivision 1.

Exemption from manufacturing licensure requirement.

Section
151.252 shall not apply to:

(1) a practitioner engaged in extemporaneous compounding, anticipatory
compounding, or compounding not done pursuant to a prescription drug order when
permitted by this chapter or the rules of the board; and

(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
anticipatory compounding, or compounding not done pursuant to a prescription drug order
when permitted by this chapter or the rules of the board.

Subd. 2.

Compounded drug.

A drug product may be compounded under this
section if a pharmacist or practitioner:

(1) compounds the drug product using bulk drug substances, as defined in the federal
regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):

(i) that:

(A) comply with the standards of an applicable United States Pharmacopoeia
or National Formulary monograph, if a monograph exists, and the United States
Pharmacopoeia chapter on pharmacy compounding;

(B) if such a monograph does not exist, are drug substances that are components of
drugs approved for use in this country by the United States Food and Drug Administration;
or

(C) if such a monograph does not exist and the drug substance is not a component of
a drug approved for use in this country by the United States Food and Drug Administration,
that appear on a list developed by the United States Food and Drug Administration through
regulations issued by the secretary of the federal Department of Health and Human Services
pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);

(ii) that are manufactured by an establishment that is registered under section 360
of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
registered under section 360(i) of that act; and

(iii) that are accompanied by valid certificates of analysis for each bulk drug
substance;

(2) compounds the drug product using ingredients, other than bulk drug substances,
that comply with the standards of an applicable United States Pharmacopoeia or National
Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
chapters on pharmacy compounding;

(3) does not compound a drug product that appears on a list published by the secretary
of the federal Department of Health and Human Services in the Federal Register of drug
products that have been withdrawn or removed from the market because such drug products
or components of such drug products have been found to be unsafe or not effective;

(4) does not compound any drug products that are essentially copies of a
commercially available drug product; and

(5) does not compound any drug product that has been identified pursuant to
United States Code, title 21, section 353a, as a drug product that presents demonstrable
difficulties for compounding that reasonably demonstrate an adverse effect on the safety
or effectiveness of that drug product.

The term "essentially a copy of a commercially available drug product" does not
include a drug product in which there is a change, made for an identified individual
patient, that produces for that patient a significant difference, as determined by the
prescribing practitioner, between the compounded drug and the comparable commercially
available drug product.

Subd. 3.

Exceptions.

This section shall not apply to:

(1) compounded positron emission tomography drugs as defined in section 151.01,
subdivision 38; or

(2) radiopharmaceuticals.

Sec. 10.

Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
a subdivision to read:


Subd. 1a.

Outsourcing facility.

(a) No person shall act as an outsourcing facility
without first obtaining a license from the board and paying any applicable manufacturer
licensing fee specified in section 151.065.

(b) Application for an outsourcing facility license under this section shall be made
in a manner specified by the board and may differ from the application required of other
drug manufacturers.

(c) No license shall be issued or renewed for an outsourcing facility unless the
applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
state law and according to Minnesota Rules.

(d) No license shall be issued or renewed for an outsourcing facility unless the
applicant supplies the board with proof of such registration by the United States Food and
Drug Administration as required by United States Code, title 21, section 353b.

(e) No license shall be issued or renewed for an outsourcing facility that is required
to be licensed or registered by the state in which it is physically located unless the
applicant supplies the board with proof of such licensure or registration. The board may
establish, by rule, standards for the licensure of an outsourcing facility that is not required
to be licensed or registered by the state in which it is physically located.

(f) The board shall require a separate license for each outsourcing facility located
within the state and for each outsourcing facility located outside of the state at which drugs
that are shipped into the state are prepared.

(g) The board shall not issue an initial or renewed license for an outsourcing facility
unless the facility passes an inspection conducted by an authorized representative of the
board. In the case of an outsourcing facility located outside of the state, the board may
require the applicant to pay the cost of the inspection, in addition to the license fee in
section 151.065, unless the applicant furnishes the board with a report, issued by the
appropriate regulatory agency of the state in which the facility is located or by the United
States Food and Drug Administration, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.

Sec. 11.

Minnesota Statutes 2012, section 151.26, is amended to read:


151.26 EXCEPTIONS.

Subdivision 1.

Generally.

Nothing in this chapter shall subject a person duly
licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
by the State Board of Pharmacy, nor prevent the person from administering drugs,
medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
chemicals, or poisons as may be considered appropriate in the treatment of such patient;
unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
provides reasonable notice of an inspection.

Except for the provisions of section 151.37, nothing in this chapter applies to or
interferes with the dispensing, in its original package and at no charge to the patient, of a
legend drug, other than a controlled substance, that was packaged by a manufacturer and
provided to the dispenser for distribution dispensing as a professional sample. Samples
of a controlled substance shall only be dispensed when one of the approved indications
for the controlled substance is a seizure disorder and when the sample is prepared and
distributed pursuant to Code of Federal Regulations, title 21, part 203, subpart D
.

Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
practice, nor to hospitals for use therein.

Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
this chapter shall prevent the sale of common household preparations and other drugs,
chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided
that this exception does not apply to any compound, substance, or derivative that is not
approved for human consumption by the United States Food and Drug Administration
or specifically permitted for human consumption under Minnesota law, and, when
introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
purpose of human consumption.

Nothing in this chapter shall apply to or interfere with the vending or retailing of
any nonprescription medicine or drug not otherwise prohibited by statute which that is
prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
cosmetics, perfumes, spices, and other commonly used household articles of a chemical
nature, for use for nonmedicinal purposes.; provided that this exception does not apply
to any compound, substance, or derivative that is not approved for human consumption
by the United States Food and Drug Administration or specifically permitted for human
consumption under Minnesota law, and, when introduced into the body, induces an effect
similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
whether the substance is marketed for the purpose of human consumption.
Nothing in
this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
discount to persons over 65 years of age.

Sec. 12.

Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:


Subd. 2.

After January 1, 1983.

(a) No legend drug in solid oral dosage form
may be manufactured, packaged or distributed for sale in this state after January 1, 1983
unless it is clearly marked or imprinted with a symbol, number, company name, words,
letters, national drug code or other mark uniquely identifiable to that drug product. An
identifying mark or imprint made as required by federal law or by the federal Food and
Drug Administration shall be deemed to be in compliance with this section.

(b) The Board of Pharmacy may grant exemptions from the requirements of this
section on its own initiative or upon application of a manufacturer, packager, or distributor
indicating size or other characteristics which that render the product impractical for the
imprinting required by this section.

(c) The provisions of clauses (a) and (b) shall not apply to any of the following:

(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
January 1, 1983, and held in stock for resale.

(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
law to prescribe or administer drugs and which are to be used solely by the patient for
whom prescribed.

Sec. 13.

Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
10, section 5, is amended to read:


151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.

Subdivision 1.

Prohibition.

Except as otherwise provided in this chapter, it shall be
unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
distribute a legend drug.

Subd. 2.

Prescribing and filing.

(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and supervision, and may cause a
person who is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by directing a licensed dietitian or
licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.

(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
and mortality.

(c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.

(d) A prescription or drug order for the following drugs is not valid, unless it can
be established that the prescription or drug order was based on a documented patient
evaluation, including an examination, adequate to establish a diagnosis and identify
underlying conditions and contraindications to treatment:

(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;

(2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7, 8, and 12;

(3) muscle relaxants;

(4) centrally acting analgesics with opioid activity;

(5) drugs containing butalbital; or

(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.

(e) For the purposes of paragraph (d), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:

(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;

(2) the prescribing practitioner has performed a prior examination of the patient;

(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;

(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or

(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.

(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).

(g) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.

(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.

(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (d).

(j) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (d).

(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
treatment of a communicable disease according to the Centers For Disease Control and
Prevention Partner Services Guidelines.

Subd. 2a.

Delegation.

A supervising physician may delegate to a physician assistant
who is registered with the Board of Medical Practice and certified by the National
Commission on Certification of Physician Assistants and who is under the supervising
physician's supervision, the authority to prescribe, dispense, and administer legend drugs
and medical devices, subject to the requirements in chapter 147A and other requirements
established by the Board of Medical Practice in rules.

Subd. 3.

Veterinarians.

A licensed doctor of veterinary medicine, in the course of
professional practice only and not for use by a human being, may personally prescribe,
administer, and dispense a legend drug, and may cause the same to be administered or
dispensed by an assistant under the doctor's direction and supervision.

Subd. 4.

Research.

(a) Any qualified person may use legend drugs in the course
of a bona fide research project, but cannot administer or dispense such drugs to human
beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
authorized to do so.

(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
use by, or administration to, patients enrolled in a bona fide research study that is being
conducted pursuant to either an investigational new drug application approved by the
United States Food and Drug Administration or that has been approved by an institutional
review board. For the purposes of this subdivision only:

(1) a prescription drug order is not required for a pharmacy to dispense a research
drug, unless the study protocol requires the pharmacy to receive such an order;

(2) notwithstanding the prescription labeling requirements found in this chapter or
the rules promulgated by the board, a research drug may be labeled as required by the
study protocol; and

(3) dispensing and distribution of research drugs by pharmacies shall not be
considered compounding, manufacturing, or wholesaling under this chapter.; and

(4) a pharmacy may compound drugs for research studies as provided in
this subdivision but must follow applicable standards established by United States
Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.

(c) An entity that is under contract to a federal agency for the purpose of distributing
drugs for bona fide research studies is exempt from the drug wholesaler licensing
requirements of this chapter. Any other entity is exempt from the drug wholesaler
licensing requirements of this chapter if the board finds that the entity is licensed or
registered according to the laws of the state in which it is physically located and it is
distributing drugs for use by, or administration to, patients enrolled in a bona fide research
study that is being conducted pursuant to either an investigational new drug application
approved by the United States Food and Drug Administration or that has been approved
by an institutional review board.

Subd. 5.

Exclusion for course of practice.

Nothing in this chapter shall prohibit
the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
practitioners while acting within the course of their practice only.

Subd. 6.

Exclusion for course of employment.

(a) Nothing in this chapter shall
prohibit the possession of a legend drug by an employee, agent, or sales representative of
a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
or registered pharmacy, while acting in the course of employment.

(b) Nothing in this chapter shall prohibit the following entities from possessing a
legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:

(1) a law enforcement officer;

(2) a hazardous waste transporter licensed by the Department of Transportation;

(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
hazardous waste, including household hazardous waste;

(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
very small quantity generator collection program or a minimal generator;

(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
a program in compliance with applicable federal law or a person authorized by the county
to conduct one or more of these activities; or

(6) a sanitary district organized under chapter 115, or a special law.

Subd. 7.

Exclusion for prescriptions.

(a) Nothing in this chapter shall prohibit the
possession of a legend drug by a person for that person's use when it has been dispensed to
the person in accordance with a valid prescription issued by a practitioner.

(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
been dispensed in accordance with a written or oral prescription by a practitioner, from
designating a family member, caregiver, or other individual to handle the legend drug for
the purpose of assisting the person in obtaining or administering the drug or sending
the drug for destruction.

(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
been dispensed in accordance with a valid prescription issued by a practitioner from
transferring the legend drug to a county that collects, stores, transports, or disposes of a
legend drug pursuant to a program in compliance with applicable federal law or to a
person authorized by the county to conduct one or more of these activities.

Subd. 8.

Misrepresentation.

It is unlawful for a person to procure, attempt to
procure, possess, or control a legend drug by any of the following means:

(1) deceit, misrepresentation, or subterfuge;

(2) using a false name; or

(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
obtaining a legend drug.

Subd. 9.

Exclusion for course of laboratory employment.

Nothing in this chapter
shall prohibit the possession of a legend drug by an employee or agent of a registered
analytical laboratory while acting in the course of laboratory employment.

Subd. 10.

Purchase of drugs and other agents by commissioner of health.

The
commissioner of health, in preparation for and in carrying out the duties of sections
144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
communicable disease.

Subd. 10a.

Emergency use authorizations.

Nothing in this chapter shall prohibit
the purchase, possession, or use of a legend drug by an entity acting according to an
emergency use authorization issued by the United States Food and Drug Administration
pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically
tasked in a public health response plan to perform critical functions necessary to support
the response to a public health incident or event.

Subd. 11.

Complaint reporting Exclusion for health care educational programs.

The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
complaints received regarding the prescription or administration of legend drugs under
section 148.576.
Nothing in this section shall prohibit an accredited public or private
postsecondary school from possessing a legend drug that is not a controlled substance
listed in section 152.02, provided that:

(1) the school is approved by the United States secretary of education in accordance
with requirements of the Higher Education Act of 1965, as amended;

(2) the school provides a course of instruction that prepares individuals for
employment in a health care occupation or profession;

(3) the school may only possess those drugs necessary for the instruction of such
individuals; and

(4) the drugs may only be used in the course of providing such instruction and are
labeled by the purchaser to indicate that they are not to be administered to patients.

Those areas of the school in which legend drugs are stored are subject to section
151.06, subdivision 1, paragraph (a), clause (4).

Sec. 14.

Minnesota Statutes 2012, section 151.44, is amended to read:


151.44 DEFINITIONS.

As used in sections 151.43 to 151.51, the following terms have the meanings given
in paragraphs (a) to (h):

(a) "Wholesale drug distribution" means distribution of prescription or
nonprescription drugs to persons other than a consumer or patient or reverse distribution
of such drugs, but does not include:

(1) a sale between a division, subsidiary, parent, affiliated, or related company under
the common ownership and control of a corporate entity;

(2) the purchase or other acquisition, by a hospital or other health care entity that is a
member of a group purchasing organization, of a drug for its own use from the organization
or from other hospitals or health care entities that are members of such organizations;

(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;

(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common control;

(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
for emergency medical reasons;

(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription;

(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
another retail pharmacy to alleviate a temporary shortage;

(8) the distribution of prescription or nonprescription drug samples by manufacturers
representatives; or

(9) the sale, purchase, or trade of blood and blood components.

(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
distribution including, but not limited to, manufacturers; repackers repackagers; own-label
distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
warehouses, chain drug warehouses, and wholesale drug warehouses; independent
wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
wholesale drug distributor does not include a common carrier or individual hired primarily
to transport prescription or nonprescription drugs.

(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
propagating, compounding, processing, packaging, repackaging, or labeling of a
prescription drug
has the meaning provided in section 151.01, subdivision 14a.

(d) "Prescription drug" means a drug required by federal or state law or regulation
to be dispensed only by a prescription, including finished dosage forms and active
ingredients subject to United States Code, title 21, sections 811 and 812.

(e) "Blood" means whole blood collected from a single donor and processed either
for transfusion or further manufacturing.

(f) "Blood components" means that part of blood separated by physical or
mechanical means.

(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
received from or shipped to Minnesota locations for the purpose of returning the drugs
to their producers or distributors.

(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

Sec. 15.

Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of this section only, the terms defined in this
subdivision have the meanings given.

(a) "Automated drug distribution system" or "system" means a mechanical system
approved by the board that performs operations or activities, other than compounding or
administration, related to the storage, packaging, or dispensing of drugs, and collects,
controls, and maintains all required transaction information and records.

(b) "Health care facility" means a nursing home licensed under section 144A.02;
a housing with services establishment registered under section 144D.01, subdivision 4,
in which a home provider licensed under chapter 144A is providing centralized storage
of medications; or a community behavioral health hospital or Minnesota sex offender
program facility operated by the Department of Human Services.

(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
is responsible for the operation of an automated drug distribution system.

Sec. 16.

Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:


Subd. 3.

Authorization.

A pharmacy may use an automated drug distribution
system to fill prescription drug orders for patients of a health care facility provided that the
policies and procedures required by this section have been approved by the board
. The
automated drug distribution system may be located in a health care facility that is not at
the same location as the managing pharmacy. When located within a health care facility,
the system is considered to be an extension of the managing pharmacy.

Sec. 17.

Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:


Subd. 5.

Operation of automated drug distribution systems.

(a) The managing
pharmacy and the pharmacist in charge are responsible for the operation of an automated
drug distribution system.

(b) Access to an automated drug distribution system must be limited to pharmacy
and nonpharmacy personnel authorized to procure drugs from the system, except that field
service technicians may access a system located in a health care facility for the purposes of
servicing and maintaining it while being monitored either by the managing pharmacy, or a
licensed nurse within the health care facility. In the case of an automated drug distribution
system that is not physically located within a licensed pharmacy, access for the purpose
of procuring drugs shall be limited to licensed nurses. Each person authorized to access
the system must be assigned an individual specific access code. Alternatively, access to
the system may be controlled through the use of biometric identification procedures. A
policy specifying time access parameters, including time-outs, logoffs, and lockouts,
must be in place.

(c) For the purposes of this section only, the requirements of section 151.215 are met
if the following clauses are met:

(1) a pharmacist employed by and working at the managing pharmacy, or at a
pharmacy that is acting as a central services pharmacy for the managing pharmacy,
pursuant to Minnesota Rules, part 6800.4075,
must review, interpret, and approve all
prescription drug orders before any drug is distributed from the system to be administered
to a patient. A pharmacy technician may perform data entry of prescription drug orders
provided that a pharmacist certifies the accuracy of the data entry before the drug can
be released from the automated drug distribution system. A pharmacist employed by
and working at the managing pharmacy
must certify the accuracy of the filling of any
cassettes, canisters, or other containers that contain drugs that will be loaded into the
automated drug distribution system; and

(2) when the automated drug dispensing system is located and used within the
managing pharmacy, a pharmacist must personally supervise and take responsibility for all
packaging and labeling associated with the use of an automated drug distribution system.

(d) Access to drugs when a pharmacist has not reviewed and approved the
prescription drug order is permitted only when a formal and written decision to allow such
access is issued by the pharmacy and the therapeutics committee or its equivalent. The
committee must specify the patient care circumstances in which such access is allowed,
the drugs that can be accessed, and the staff that are allowed to access the drugs.

(e) In the case of an automated drug distribution system that does not utilize bar
coding in the loading process, the loading of a system located in a health care facility may
be performed by a pharmacy technician, so long as the activity is continuously supervised,
through a two-way audiovisual system by a pharmacist on duty within the managing
pharmacy. In the case of an automated drug distribution system that utilizes bar coding
in the loading process, the loading of a system located in a health care facility may be
performed by a pharmacy technician or a licensed nurse, provided that the managing
pharmacy retains an electronic record of loading activities.

(f) The automated drug distribution system must be under the supervision of a
pharmacist. The pharmacist is not required to be physically present at the site of the
automated drug distribution system if the system is continuously monitored electronically
by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
board must be continuously available to address any problems detected by the monitoring
or to answer questions from the staff of the health care facility. The licensed pharmacy
may be the managing pharmacy or a pharmacy which is acting as a central services
pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

Sec. 18.

Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is
amended to read:


Subd. 2.

Schedule I.

(a) Schedule I consists of the substances listed in this
subdivision.

(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
the following substances, including their analogs, isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
ethers, and salts is possible:

(1) acetylmethadol;

(2) allylprodine;

(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
levomethadyl acetate);

(4) alphameprodine;

(5) alphamethadol;

(6) alpha-methylfentanyl benzethidine;

(7) betacetylmethadol;

(8) betameprodine;

(9) betamethadol;

(10) betaprodine;

(11) clonitazene;

(12) dextromoramide;

(13) diampromide;

(14) diethyliambutene;

(15) difenoxin;

(16) dimenoxadol;

(17) dimepheptanol;

(18) dimethyliambutene;

(19) dioxaphetyl butyrate;

(20) dipipanone;

(21) ethylmethylthiambutene;

(22) etonitazene;

(23) etoxeridine;

(24) furethidine;

(25) hydroxypethidine;

(26) ketobemidone;

(27) levomoramide;

(28) levophenacylmorphan;

(29) 3-methylfentanyl;

(30) acetyl-alpha-methylfentanyl;

(31) alpha-methylthiofentanyl;

(32) benzylfentanyl beta-hydroxyfentanyl;

(33) beta-hydroxy-3-methylfentanyl;

(34) 3-methylthiofentanyl;

(35) thenylfentanyl;

(36) thiofentanyl;

(37) para-fluorofentanyl;

(38) morpheridine;

(39) 1-methyl-4-phenyl-4-propionoxypiperidine;

(40) noracymethadol;

(41) norlevorphanol;

(42) normethadone;

(43) norpipanone;

(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);

(45) phenadoxone;

(46) phenampromide;

(47) phenomorphan;

(48) phenoperidine;

(49) piritramide;

(50) proheptazine;

(51) properidine;

(52) propiram;

(53) racemoramide;

(54) tilidine;

(55) trimeperidine.;

(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).

(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
and salts of isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:

(1) acetorphine;

(2) acetyldihydrocodeine;

(3) benzylmorphine;

(4) codeine methylbromide;

(5) codeine-n-oxide;

(6) cyprenorphine;

(7) desomorphine;

(8) dihydromorphine;

(9) drotebanol;

(10) etorphine;

(11) heroin;

(12) hydromorphinol;

(13) methyldesorphine;

(14) methyldihydromorphine;

(15) morphine methylbromide;

(16) morphine methylsulfonate;

(17) morphine-n-oxide;

(18) myrophine;

(19) nicocodeine;

(20) nicomorphine;

(21) normorphine;

(22) pholcodine;

(23) thebacon.

(d) Hallucinogens. Any material, compound, mixture or preparation which contains
any quantity of the following substances, their analogs, salts, isomers (whether optical,
positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
isomers is possible:

(1) methylenedioxy amphetamine;

(2) methylenedioxymethamphetamine;

(3) methylenedioxy-N-ethylamphetamine (MDEA);

(4) n-hydroxy-methylenedioxyamphetamine;

(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);

(6) 2,5-dimethoxyamphetamine (2,5-DMA);

(7) 4-methoxyamphetamine;

(8) 5-methoxy-3, 4-methylenedioxy amphetamine;

(9) alpha-ethyltryptamine;

(10) bufotenine;

(11) diethyltryptamine;

(12) dimethyltryptamine;

(13) 3,4,5-trimethoxy amphetamine;

(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);

(15) ibogaine;

(16) lysergic acid diethylamide (LSD);

(17) mescaline;

(18) parahexyl;

(19) N-ethyl-3-piperidyl benzilate;

(20) N-methyl-3-piperidyl benzilate;

(21) psilocybin;

(22) psilocyn;

(23) tenocyclidine (TPCP or TCP);

(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);

(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);

(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);

(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);

(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);

(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);

(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);

(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);

(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);

(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);

(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);

(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);

(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);

(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);

(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
(2-CB-FLY);

(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);

(40) alpha-methyltryptamine (AMT);

(41) N,N-diisopropyltryptamine (DiPT);

(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);

(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);

(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);

(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);

(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);

(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);

(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);

(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);

(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);

(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);

(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);

(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);

(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);

(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);

(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);

(57) methoxetamine (MXE);

(58) 5-iodo-2-aminoindane (5-IAI);

(59) 5,6-methylenedioxy-2-aminoindane (MDAI);

(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
(25I-NBOMe).

(e) Peyote. All parts of the plant presently classified botanically as Lophophora
williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
of the American Indian Church, and members of the American Indian Church are exempt
from registration. Any person who manufactures peyote for or distributes peyote to the
American Indian Church, however, is required to obtain federal registration annually and
to comply with all other requirements of law.

(f) Central nervous system depressants. Unless specifically excepted or unless listed
in another schedule, any material compound, mixture, or preparation which contains any
quantity of the following substances, their analogs, salts, isomers, and salts of isomers
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:

(1) mecloqualone;

(2) methaqualone;

(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;

(4) flunitrazepam.

(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
the analogs, salts, isomers, and salts of isomers is possible:

(1) aminorex;

(2) cathinone;

(3) fenethylline;

(4) methcathinone;

(5) methylaminorex;

(6) N,N-dimethylamphetamine;

(7) N-benzylpiperazine (BZP);

(8) methylmethcathinone (mephedrone);

(9) 3,4-methylenedioxy-N-methylcathinone (methylone);

(10) methoxymethcathinone (methedrone);

(11) methylenedioxypyrovalerone (MDPV);

(12) fluoromethcathinone;

(13) methylethcathinone (MEC);

(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);

(15) dimethylmethcathinone (DMMC);

(16) fluoroamphetamine;

(17) fluoromethamphetamine;

(18) α-methylaminobutyrophenone (MABP or buphedrone);

(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);

(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);

(21) naphthylpyrovalerone (naphyrone); and

(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
alpha-pyrrolidinovalerophenone;

(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
MPHP); and

(22) (24) any other substance, except bupropion or compounds listed under a
different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:

(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;

(ii) by substitution at the 3-position with an acyclic alkyl substituent;

(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or

(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.

(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
specifically excepted or unless listed in another schedule, any natural or synthetic material,
compound, mixture, or preparation that contains any quantity of the following substances,
their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of the isomers, esters, ethers, or salts is possible:

(1) marijuana;

(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
synthetic equivalents of the substances contained in the cannabis plant or in the
resinous extractives of the plant, or synthetic substances with similar chemical structure
and pharmacological activity to those substances contained in the plant or resinous
extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;

(3) synthetic cannabinoids, including the following substances:

(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylindoles include, but are not limited to:

(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);

(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);

(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);

(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);

(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);

(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);

(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);

(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);

(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).

(ii) Napthylmethylindoles, which are any compounds containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
substituted in the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:

(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);

(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).

(iii) Naphthoylpyrroles, which are any compounds containing a
3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
further substituted in the pyrrole ring to any extent, whether or not substituted in the
naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).

(iv) Naphthylmethylindenes, which are any compounds containing a
naphthylideneindene structure with substitution at the 3-position of the indene
ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
substituted in the indene ring to any extent, whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).

(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent, whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:

(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);

(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);

(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);

(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).

(vi) Cyclohexylphenols, which are compounds containing a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
but are not limited to:

(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);

(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Cannabicyclohexanol or CP 47,497 C8 homologue);

(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
-phenol (CP 55,940).

(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent and whether or not substituted in the phenyl ring to any extent. Examples of
benzoylindoles include, but are not limited to:

(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);

(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);

(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
(WIN 48,098 or Pravadoline).

(viii) Others specifically named:

(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);

(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);

(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);

(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);

(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
(XLR-11);

(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
(AKB-48(APINACA));

(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
(5-Fluoro-AKB-48);

(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);

(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
PB-22).;

(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
3-carboxamide (AB-PINACA);

(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
1H-indazole-3-carboxamide (AB-FUBINACA).

(i) A controlled substance analog, to the extent that it is implicitly or explicitly
intended for human consumption.

ARTICLE 6

HEALTH DEPARTMENT AND PUBLIC HEALTH

Section 1.

Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:


Subd. 5.

Electronic drug prior authorization standardization and transmission.

(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
Committee and the Minnesota Administrative Uniformity Committee, shall, by February
15, 2010, identify an outline on how best to standardize drug prior authorization request
transactions between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic transmissions.

(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
develop the standard companion guide by which providers and group purchasers will
exchange standard drug authorization requests using electronic data interchange standards,
if available, with the goal of alignment with standards that are or will potentially be used
nationally.

(c) No later than January 1, 2015 2016, drug prior authorization requests must be
accessible and submitted by health care providers, and accepted by group purchasers,
electronically through secure electronic transmissions. Facsimile shall not be considered
electronic transmission.

Sec. 2.

[144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.

Subdivision 1.

Definition.

For purposes of this section, "facility" has the meaning
provided in United States Code, title 42, section 263b(a)(3)(A).

Subd. 2.

Required notice.

A facility at which a mammography examination is
performed shall, if a patient is categorized by the facility as having heterogeneously
dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data
System established by the American College of Radiology, include in the summary of the
written report that is sent to the patient, as required by the federal Mammography Quality
Standards Act, United States Code, title 42, section 263b, notice that the patient has dense
breast tissue, that this may make it more difficult to detect cancer on a mammogram, and
that it may increase her risk of breast cancer. The following language may be used:

"Your mammogram shows that your breast tissue is dense. Dense breast tissue is
relatively common and is found in more than 40 percent of women. However, dense
breast tissue may make it more difficult to identify precancerous lesions or cancer through
a mammogram and may also be associated with an increased risk of breast cancer. This
information about the results of your mammogram is given to you to raise your own
awareness and to help inform your conversations with your treating clinician who has
received a report of your mammogram results. Together you can decide which screening
options are right for you based on your mammogram results, individual risk factors,
or physical examination."

Sec. 3.

Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
amended to read:


Subd. 2.

Accreditation required.

(a)(1) Except as otherwise provided in paragraph
paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement
from any source, including, but not limited to, the individual receiving such services
and any individual or group insurance contract, plan, or policy delivered in this state,
including, but not limited to, private health insurance plans, workers' compensation
insurance, motor vehicle insurance, the State Employee Group Insurance Program
(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
which the service has been conducted and processed is licensed pursuant to sections
144.50 to 144.56 or accredited by one of the following entities:

(i) American College of Radiology (ACR);

(ii) Intersocietal Accreditation Commission (IAC);

(iii) the Joint Commission; or

(iv) other relevant accreditation organization designated by the Secretary of the
United States Department of Health and Human Services pursuant to United States Code,
title 42, section 1395M.

(2) All accreditation standards recognized under this section must include, but are
not limited to:

(i) provisions establishing qualifications of the physician;

(ii) standards for quality control and routine performance monitoring by a medical
physicist;

(iii) qualifications of the technologist, including minimum standards of supervised
clinical experience;

(iv) guidelines for personnel and patient safety; and

(v) standards for initial and ongoing quality control using clinical image review
and quantitative testing.

(b) Any facility that performs advanced diagnostic imaging services and is eligible
to receive reimbursement for such services from any source in paragraph (a), clause (1),
must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
imaging services in the state must obtain licensure or accreditation prior to within
six months of
commencing operations and must, at all times, maintain either licensure
pursuant to sections 144.50 to 144.56 or accreditation with an accrediting organization as
provided in paragraph (a).

(c) Dental clinics or offices that perform diagnostic imaging through dental cone
beam computerized tomography do not need to meet the accreditation or reporting
requirements in this section.

EFFECTIVE DATE.

The amendment to paragraph (b) is effective the day
following final enactment. The amendment to paragraph (a) and paragraph (c) are
effective retroactively from August 1, 2013.

Sec. 4.

Minnesota Statutes 2012, section 144.414, subdivision 2, is amended to read:


Subd. 2.

Day care premises.

(a) Smoking is prohibited in a day care center licensed
under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
group family day care provider home licensed under Minnesota Rules, parts 9502.0300
to 9502.0445, during its hours of operation. The proprietor of a family home or group
family day care provider must disclose to parents or guardians of children cared for on the
premises if the proprietor permits smoking outside of its hours of operation. Disclosure
must include posting on the premises a conspicuous written notice and orally informing
parents or guardians.

(b) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.

Sec. 5.

Minnesota Statutes 2012, section 144.414, subdivision 3, is amended to read:


Subd. 3.

Health care facilities and clinics.

(a) Smoking is prohibited in any area
of a hospital, health care clinic, doctor's office, licensed residential facility for children,
or other health care-related facility, except that a patient or resident in a nursing home,
boarding care facility, or licensed residential facility for adults may smoke in a designated
separate, enclosed room maintained in accordance with applicable state and federal laws.

(b) Except as provided in section 246.0141, smoking by patients in a locked
psychiatric unit may be allowed in a separated well-ventilated area in the unit under a
policy established by the administrator of the program that allows the treating physician to
approve smoking if, in the opinion of the treating physician, the benefits to be gained in
obtaining patient cooperation with treatment outweigh the negative impacts of smoking.

(c) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.

Sec. 6.

Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision
to read:


Subd. 5.

Electronic cigarettes.

(a) The use of electronic cigarettes, including the
inhaling or exhaling of vapor from any electronic delivery device, as defined in section
609.685, subdivision 1, is prohibited in the following locations:

(1) any building owned or operated by the state, home rule charter or statutory city,
county, township, school district, or other political subdivision;

(2) any facility owned by Minnesota State Colleges and Universities and the
University of Minnesota;

(3) any facility licensed by the commissioner of human services; or

(4) any facility licensed by the commissioner of health, but only if the facility is also
subject to federal licensing requirements.

(b) Nothing in this subdivision shall prohibit political subdivisions or businesses
from adopting more stringent prohibitions on the use of electronic cigarettes or electronic
delivery devices.

Sec. 7.

Minnesota Statutes 2012, section 144.4165, is amended to read:


144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
product, or inhale or exhale vapor from an electronic delivery device as defined in section
609.685, subdivision 1,
in a public school, as defined in section 120A.05, subdivisions
9, 11, and 13
, and no person under the age of 18 shall possess any of these items. This
prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that
a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall
prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or
cultural ceremony. For purposes of this section, an Indian is a person who is a member of
an Indian tribe as defined in section 260.755 subdivision 12.

Sec. 8.

Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
amended to read:


Subdivision 1.

Comprehensive stroke center.

A hospital meets the criteria for a
comprehensive stroke center if the hospital has been certified as a comprehensive stroke
center by the joint commission or another nationally recognized accreditation entity and
the hospital participates in the Minnesota stroke registry program
.

Sec. 9.

Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
amended to read:


Subd. 2.

Primary stroke center.

A hospital meets the criteria for a primary stroke
center if the hospital has been certified as a primary stroke center by the joint commission
or another nationally recognized accreditation entity and the hospital participates in the
Minnesota stroke registry program
.

Sec. 10.

Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is
amended to read:


Subd. 2.

Designation.

A hospital that voluntarily meets the criteria for a
comprehensive stroke center, primary stroke center, or acute stroke ready hospital may
apply to the commissioner for designation, and upon the commissioner's review and
approval of the application, shall be designated as a comprehensive stroke center, a
primary stroke center, or an acute stroke ready hospital for a three-year period. If a
hospital loses its certification as a comprehensive stroke center or primary stroke center
from the joint commission or other nationally recognized accreditation entity, or no
longer participates in the Minnesota stroke registry program,
its Minnesota designation
shall be immediately withdrawn. Prior to the expiration of the three-year designation, a
hospital seeking to remain part of the voluntary acute stroke system may reapply to the
commissioner for designation.

Sec. 11.

[144.497] ST ELEVATION MYOCARDIAL INFARCTION.

The commissioner of health shall assess and report on the quality of care provided in
the state for ST elevation myocardial infarction response and treatment. The commissioner
shall:

(1) utilize and analyze data provided by ST elevation myocardial infarction receiving
centers to the ACTION Registry-Get with the guidelines or an equivalent data platform
that does not identify individuals or associate specific ST elevation myocardial infarction
heart attack events with an identifiable individual;

(2) quarterly post a summary report of the data in aggregate form on the Department
of Health Web site;

(3) annually inform the legislative committees with jurisdiction over public health
of progress toward improving the quality of care and patient outcomes for ST elevation
myocardial infarctions; and

(4) coordinate to the extent possible with national voluntary health organizations
involved in ST elevation myocardial infarction heart attack quality improvement to
encourage ST elevation myocardial infarction receiving centers to report data consistent
with nationally recognized guidelines on the treatment of individuals with confirmed ST
elevation myocardial infarction heart attacks within the state and encourage sharing of
information among health care providers on ways to improve the quality of care of ST
elevation myocardial infarction patients in Minnesota.

Sec. 12.

[144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.

Subdivision 1.

Notice required.

A hospital shall give a written notice about victim
rights and available resources to a person seeking medical services in the hospital who
reports to hospital staff or presents evidence of a sexual assault or other unwanted
sexual contact or sexual penetration. The hospital shall make a good faith effort to
provide this notice prior to medical treatment or the examination performed for the
purpose of gathering evidence, subject to applicable federal and state laws and regulations
regarding the provision of medical care, and in a manner that does not interfere with any
medical screening examination or initiation of treatment necessary to stabilize a victim's
emergency medical condition.

Subd. 2.

Contents of notice.

The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall
develop the notice required by subdivision 1. The notice must inform the victim, at a
minimum, of:

(1) the obligation under section 609.35 of the county where the criminal sexual
conduct occurred to pay for the examination performed for the purpose of gathering
evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
to law enforcement, and that the victim may incur expenses for treatment of injuries; and

(2) the victim's rights if the crime is reported to law enforcement, including the
victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
how to apply for reparations, and information on how to obtain an order for protection or
a harassment restraining order.

Sec. 13.

Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
is amended to read:


Subd. 8.

Correction orders.

(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.

(b) The commissioner shall mail copies of any correction order within 30 calendar
days after an exit survey
to the last known address of the home care provider, or
electronically scan the correction order and e-mail it to the last known home care provider
e-mail address, within 30 calendar days after the survey exit date
. A copy of each
correction order and copies of any documentation supplied to the commissioner shall be
kept on file by the home care provider, and public documents shall be made available for
viewing by any person upon request. Copies may be kept electronically.

(c) By the correction order date, the home care provider must document in the
provider's records any action taken to comply with the correction order. The commissioner
may request a copy of this documentation and the home care provider's action to respond
to the correction order in future surveys, upon a complaint investigation, and as otherwise
needed.

EFFECTIVE DATE.

This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

Sec. 14.

Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
is amended to read:


Subd. 12.

Reconsideration.

(a) The commissioner shall make available to home
care providers a correction order reconsideration process. This process may be used
to challenge the correction order issued, including the level and scope described in
subdivision 11, and any fine assessed. During the correction order reconsideration
request, the issuance for the correction orders under reconsideration are not stayed, but
the department shall post information on the Web site with the correction order that the
licensee has requested a reconsideration and that the review is pending.

(b) A licensed home care provider may request from the commissioner, in writing,
a correction order reconsideration regarding any correction order issued to the provider.
The written request for reconsideration must be received by the commissioner within 15
calendar days of the correction order receipt date.
The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
or reviewing of the correction order being disputed. The correction order reconsiderations
may be conducted in person, by telephone, by another electronic form, or in writing, as
determined by the commissioner. The commissioner shall respond in writing to the request
from a home care provider for a correction order reconsideration within 60 days of the
date the provider requests a reconsideration. The commissioner's response shall identify
the commissioner's decision regarding each citation challenged by the home care provider.

(c) The findings of a correction order reconsideration process shall be one or more of
the following:

(1) supported in full, the correction order is supported in full, with no deletion of
findings to the citation;

(2) supported in substance, the correction order is supported, but one or more
findings are deleted or modified without any change in the citation;

(3) correction order cited an incorrect home care licensing requirement, the correction
order is amended by changing the correction order to the appropriate statutory reference;

(4) correction order was issued under an incorrect citation, the correction order is
amended to be issued under the more appropriate correction order citation;

(5) the correction order is rescinded;

(6) fine is amended, it is determined that the fine assigned to the correction order
was applied incorrectly; or

(7) the level or scope of the citation is modified based on the reconsideration.

(d) If the correction order findings are changed by the commissioner, the
commissioner shall update the correction order Web site.

(e) This subdivision does not apply to temporary licensees.

EFFECTIVE DATE.

This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

Sec. 15.

Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
is amended to read:


Subd. 3.

Notice.

Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
as defined in section 144A.474, subdivision 11, paragraph (b),
provided:

(1) advance notice is given to the home care provider;

(2) after notice, the home care provider fails to correct the problem;

(3) the commissioner has reason to believe that other administrative remedies are not
likely to be effective; and

(4) there is an opportunity for a contested case hearing within the 90 30 days unless
there is an extension granted by an administrative law judge pursuant to subdivision 3b
.

EFFECTIVE DATE.

The amendments to this section are effective August 1, 2014,
and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
renewal.

Sec. 16.

Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:


Subd. 3a.

Hearing.

Within 15 business days of receipt of the licensee's timely appeal
of a sanction under this section, other than for a temporary suspension, the commissioner
shall request assignment of an administrative law judge. The commissioner's request must
include a proposed date, time, and place of hearing. A hearing must be conducted by an
administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
within 90 calendar days of the request for assignment, unless an extension is requested by
either party and granted by the administrative law judge for good cause or for purposes of
discussing settlement. In no case shall one or more extensions be granted for a total of
more than 90 calendar days unless there is a criminal action pending against the licensee.
If, while a licensee continues to operate pending an appeal of an order for revocation,
suspension, or refusal to renew a license, the commissioner identifies one or more new
violations of law that meet the requirements of level 3 or 4 violations as defined in section
144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
temporarily suspend the license under the provisions in subdivision 3.

EFFECTIVE DATE.

This section is effective for appeals received on or after
August 1, 2014.

Sec. 17.

Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:


Subd. 3b.

Temporary suspension expedited hearing.

(a) Within five business
days of receipt of the license holder's timely appeal of a temporary suspension, the
commissioner shall request assignment of an administrative law judge. The request must
include a proposed date, time, and place of a hearing. A hearing must be conducted by an
administrative law judge within 30 calendar days of the request for assignment, unless
an extension is requested by either party and granted by the administrative law judge
for good cause. The commissioner shall issue a notice of hearing by certified mail or
personal service at least ten business days before the hearing. Certified mail to the last
known address is sufficient. The scope of the hearing shall be limited solely to the issue of
whether the temporary suspension should remain in effect and whether there is sufficient
evidence to conclude that the licensee's actions or failure to comply with applicable laws
are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten business days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten business days from the close of the
record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
the commissioner shall issue a final order affirming the temporary immediate suspension
within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
license holder is prohibited from operation during the temporary suspension period.

(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
sanction, the licensee is prohibited from operation pending a final commissioner's order
after the contested case hearing conducted under chapter 14.

EFFECTIVE DATE.

This section is effective August 1, 2014.

Sec. 18.

Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3,
is amended to read:


Subd. 3.

Duties.

At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in
this chapter such as, including advice on the following:

(1) advice to the commissioner regarding community standards for home care
practices;

(2) advice to the commissioner on enforcement of licensing standards and whether
certain disciplinary actions are appropriate;

(3) advice to the commissioner about ways of distributing information to licensees
and consumers of home care;

(4) advice to the commissioner about training standards;

(5) identify emerging issues and opportunities in the home care field, including the
use of technology in home and telehealth capabilities; and

(6) allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to
provide limited home care services in an adjacent independent living apartment building
owned by the licensed nursing home; and

(7) perform other duties as directed by the commissioner.

Sec. 19.

Minnesota Statutes 2012, section 144D.065, is amended to read:


144D.065 TRAINING IN DEMENTIA CARE REQUIRED.

(a) If a housing with services establishment registered under this chapter has a special
program or special care unit for residents with Alzheimer's disease or other dementias
or advertises,
markets, or otherwise promotes the establishment as providing services
for persons with Alzheimer's disease or related disorders other dementias, whether in a
segregated or general unit, the establishment's direct care staff and their supervisors must
be trained in dementia care.
employees of the establishment and of the establishment's
arranged home care provider must meet the following training requirements:

(1) supervisors of direct-care staff must have at least eight hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for
each 12 months of employment thereafter;

(2) direct-care employees must have completed at least eight hours of initial training
on topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial eight hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
in paragraph (a), clause (1), must be available for consultation with the new employee until
the training requirement is complete. Direct-care employees must have at least two hours
of training on topics related to dementia for each 12 months of employment thereafter;

(3) staff who do not provide direct care, including maintenance, housekeeping, and
food service staff, must have at least four hours of initial training on topics specified
under paragraph (b) within 160 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and

(4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.

(b) Areas of required training include:

(1) an explanation of Alzheimer's disease and related disorders;

(2) assistance with activities of daily living;

(3) problem solving with challenging behaviors; and

(4) communication skills.

(c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered. This information satisfies the disclosure
requirements of section 325F.72, subdivision 2, clause (4).

(d) Housing with services establishments not included in paragraph (a) that provide
assisted living services under chapter 144G must meet the following training requirements:

(1) supervisors of direct-care staff must have at least four hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for
each 12 months of employment thereafter;

(2) direct-care employees must have completed at least four hours of initial training
on topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial four hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b) or supervisor meeting the requirements
under paragraph (a), clause (1), must be available for consultation with the new employee
until the training requirement is complete. Direct-care employees must have at least two
hours of training on topics related to dementia for each 12 months of employment thereafter;

(3) staff who do not provide direct care, including maintenance, housekeeping, and
food service staff, must have at least four hours of initial training on topics specified
under paragraph (b) within 160 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and

(4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 20.

[144D.10] MANAGER REQUIREMENTS.

(a) The person primarily responsible for oversight and management of a housing
with services establishment, as designated by the owner of the housing with services
establishment, must obtain at least 30 hours of continuing education every two years of
employment as the manager in topics relevant to the operations of the housing with services
establishment and the needs of its tenants. Continuing education earned to maintain a
professional license, such as nursing home administrator license, nursing license, social
worker license, and real estate license, can be used to complete this requirement.

(b) For managers of establishments identified in section 325F.72, this continuing
education must include at least eight hours of documented training on the topics identified
in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
training on these topics for each 12 months of employment thereafter.

(c) For managers of establishments not covered by section 325F.72, but who provide
assisted living services under chapter 144G, this continuing education must include at
least four hours of documented training on the topics identified in section 144D.065,
paragraph (b), within 160 working hours of hire, and two hours of training on these topics
for each 12 months of employment thereafter.

(d) A statement verifying compliance with the continuing education requirement
must be included in the housing with services establishment's annual registration to the
commissioner of health. The establishment must maintain records for at least three years
demonstrating that the person primarily responsible for oversight and management of the
establishment has attended educational programs as required by this section.

(e) New managers may satisfy the initial dementia training requirements by producing
written proof of previously completed required training within the past 18 months.

(f) This section does not apply to an establishment registered under section
144D.025 serving the homeless.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 21.

[144D.11] EMERGENCY PLANNING.

(a) Each registered housing with services establishment must meet the following
requirements:

(1) have a written emergency disaster plan that contains a plan for evacuation,
addresses elements of sheltering in-place, identifies temporary relocation sites, and details
staff assignments in the event of a disaster or an emergency;

(2) post an emergency disaster plan prominently;

(3) provide building emergency exit diagrams to all tenants upon signing a lease;

(4) post emergency exit diagrams on each floor; and

(5) have a written policy and procedure regarding missing tenants.

(b) Each registered housing with services establishment must provide emergency
and disaster training to all staff during the initial staff orientation and annually thereafter
and must make emergency and disaster training available to all tenants annually. Staff
who have not received emergency and disaster training are allowed to work only when
trained staff are also working on site.

(c) Each registered housing with services location must conduct and document a fire
drill or other emergency drill at least every six months. To the extent possible, drills must
be coordinated with local fire departments or other community emergency resources.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 22.

Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
to read:


Subd. 7a.

Minority run health care professional associations.

The commissioner
shall award grants to minority run health care professional associations to achieve the
following:

(1) provide collaborative mental health services to minority residents;

(2) provide collaborative, holistic, and culturally competent health care services in
communities with high concentrations of minority residents; and

(3) collaborate on recruitment, training, and placement of minorities with health
care providers.

Sec. 23.

Minnesota Statutes 2012, section 149A.92, is amended by adding a
subdivision to read:


Subd. 11.

Scope.

Notwithstanding the requirements in section 149A.50, this section
applies only to funeral establishments where human remains are present for the purpose
of preparation and embalming, private viewings, visitations, services, and holding of
human remains while awaiting final disposition. For the purpose of this subdivision,
"private viewing" means viewing of a dead human body by persons designated in section
149A.80, subdivision 2.

Sec. 24.

Minnesota Statutes 2012, section 325H.05, is amended to read:


325H.05 POSTED WARNING REQUIRED.

(a) The facility owner or operator shall conspicuously post the warning sign signs
described in paragraph paragraphs (b) and (c) within three feet of each tanning station.
The sign must be clearly visible, not obstructed by any barrier, equipment, or other object,
and must be posted so that it can be easily viewed by the consumer before energizing the
tanning equipment.

(b) The warning sign required in paragraph (a) shall have dimensions not less than
eight inches by ten inches, and must have the following wording:

"DANGER - ULTRAVIOLET RADIATION

-Follow instructions.

-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
injury and allergic reactions. Repeated exposure may cause premature aging
of the skin and skin cancer.

-Wear protective eyewear.

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT

IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are
using medications or have a history of skin problems or believe yourself to be
especially sensitive to sunlight."

(c) All tanning facilities must prominently display a sign in a conspicuous place,
at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
person under age 18 to use any tanning equipment.

Sec. 25.

[325H.085] USE BY MINORS PROHIBITED.

A person under age 18 may not use any type of tanning equipment as defined by
section 325H.01, subdivision 6, available in a tanning facility in this state.

Sec. 26.

Minnesota Statutes 2012, section 325H.09, is amended to read:


325H.09 PENALTY.

Any person who leases tanning equipment or who owns a tanning facility and who
operates or permits the equipment or facility to be operated in noncompliance with the
requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

Sec. 27.

[403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
REGISTRATION.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given them.

(b) "Automatic external defibrillator" or "AED" means an electronic device designed
and manufactured to operate automatically or semiautomatically for the purpose of
delivering an electrical current to the heart of a person in sudden cardiac arrest.

(c) "AED registry" means a registry of AEDs that requires a maintenance program
or package, and includes, but is not limited to: the Minnesota AED Registry, the National
AED Registry, iRescU, or a manufacturer-specific program.

(d) "Person" means a natural person, partnership, association, corporation, or unit
of government.

(e) "Public access AED" means an AED that is intended, by its markings or display,
to be used or accessed by the public for the benefit of the general public that may be in the
vicinity or location of that AED. It does not include an AED that is owned or used by a
hospital, clinic, business, or organization that is intended to be used by staff and is not
marked or displayed in a manner to encourage public access.

(f) "Maintenance program or package" means a program that will alert the AED
owner when the AED has electrodes and batteries due to expire or replaces those expiring
electrodes and batteries for the AED owner.

(g) "Public safety agency" means local law enforcement, county sheriff, municipal
police, tribal agencies, state law enforcement, fire departments, including municipal
departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
and licensed ambulance services.

(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
placed in stationary storage, including, but not limited to, an AED used at an athletic event.

(i) "Private-use AED" means an AED that is not intended to be used or accessed by
the public for the benefit of the general public. This may include, but is not limited to,
AEDs found in private residences.

Subd. 2.

Registration.

A person who purchases or obtains a public access AED shall
register that device with an AED registry within 30 working days of receiving the AED.

Subd. 3.

Required information.

A person registering a public access AED shall
provide the following information for each AED:

(1) AED manufacturer, model, and serial number;

(2) specific location where the AED will be kept; and

(3) the title, address, and telephone number of a person in management at the
business or organization where the AED is located.

Subd. 4.

Information changes.

The owner of a public access AED shall notify the
owner's AED registry of any changes in the information that is required in the registration
within 30 working days of the change occurring.

Subd. 5.

Public access AED requirements.

A public access AED:

(1) may be inspected during regular business hours by a public safety agency with
jurisdiction over the location of the AED;

(2) must be kept in the location specified in the registration; and

(3) must be reasonably maintained, including replacement of dead batteries and
pads/electrodes, and comply with all manufacturer's recall and safety notices.

Subd. 6.

Removal of AED.

An authorized agent of a public safety agency with
jurisdiction over the location of the AED may direct the owner of a public access AED to
comply with this section. The authorized agent of the public safety agency may direct
the owner of the AED to remove the AED from its public access location and to remove
or cover any public signs relating to that AED if it is determined that the AED is not
ready for immediate use.

Subd. 7.

Private-use AEDs.

The owner of a private-use AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.

Subd. 8.

Mobile AEDs.

The owner of a mobile AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.

Subd. 9.

Signs.

A person acquiring a public-use AED is encouraged but is not
required to post signs bearing the universal AED symbol in order to increase the ease of
access by the public to the AED in the event of an emergency. A person may not post any
AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
any AED signs by an authorized agent of a public safety agency.

Subd. 10.

Emergency response plans.

The owner of one or more public access
AEDs shall develop an emergency response plan appropriate for the nature of the facility
the AED is intended to serve.

Subd. 11.

Civil liability.

This section does not create any civil liability on the
part of an AED owner or preclude civil liability under other law. Section 645.241 does
not apply to this section.

EFFECTIVE DATE.

This section is effective August 1, 2014.

Sec. 28.

Minnesota Statutes 2012, section 461.12, is amended to read:


461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO,
TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS
.

Subdivision 1.

Authorization.

A town board or the governing body of a home
rule charter or statutory city may license and regulate the retail sale of tobacco and,
tobacco-related devices, and electronic delivery devices as defined in section 609.685,
subdivision 1
, and nicotine and lobelia delivery products as described in section 609.6855,
and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
The county board shall license and regulate the sale of tobacco and, tobacco-related
devices, electronic delivery devices, and nicotine and lobelia products in unorganized
territory of the county except on the State Fairgrounds and in a town or a home rule charter
or statutory city if the town or city does not license and regulate retail sales of tobacco
sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products
. The State Agricultural Society shall license and regulate the sale of
tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products
on the State Fairgrounds. Retail establishments licensed by a town or
city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
lobelia delivery products
are not required to obtain a second license for the same location
under the licensing ordinance of the county.

Subd. 2.

Administrative penalties; licensees.

If a licensee or employee of a
licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine
or lobelia delivery products
to a person under the age of 18 years, or violates any other
provision of this chapter, the licensee shall be charged an administrative penalty of $75.
An administrative penalty of $200 must be imposed for a second violation at the same
location within 24 months after the initial violation. For a third violation at the same
location within 24 months after the initial violation, an administrative penalty of $250
must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products
at that location must be
suspended for not less than seven days. No suspension or penalty may take effect until the
licensee has received notice, served personally or by mail, of the alleged violation and an
opportunity for a hearing before a person authorized by the licensing authority to conduct
the hearing. A decision that a violation has occurred must be in writing.

Subd. 3.

Administrative penalty; individuals.

An individual who sells tobacco
or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
products
to a person under the age of 18 years must be charged an administrative penalty
of $50. No penalty may be imposed until the individual has received notice, served
personally or by mail, of the alleged violation and an opportunity for a hearing before a
person authorized by the licensing authority to conduct the hearing. A decision that a
violation has occurred must be in writing.

Subd. 4.

Minors.

The licensing authority shall consult with interested educators,
parents, children, and representatives of the court system to develop alternative penalties
for minors who purchase, possess, and consume tobacco or, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products
. The licensing
authority and the interested persons shall consider a variety of options, including, but
not limited to, tobacco free education programs, notice to schools, parents, community
service, and other court diversion programs.

Subd. 5.

Compliance checks.

A licensing authority shall conduct unannounced
compliance checks at least once each calendar year at each location where tobacco is,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
are
sold to test compliance with section sections 609.685 and 609.6855. Compliance
checks must involve minors over the age of 15, but under the age of 18, who, with the prior
written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products under the
direct supervision of a law enforcement officer or an employee of the licensing authority.

Subd. 6.

Defense.

It is an affirmative defense to the charge of selling tobacco
or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
products
to a person under the age of 18 years in violation of subdivision 2 or 3 that the
licensee or individual making the sale relied in good faith upon proof of age as described
in section 340A.503, subdivision 6.

Subd. 7.

Judicial review.

Any person aggrieved by a decision under subdivision
2 or 3 may have the decision reviewed in the district court in the same manner and
procedure as provided in section 462.361.

Subd. 8.

Notice to commissioner.

The licensing authority under this section shall,
within 30 days of the issuance of a license, inform the commissioner of revenue of the
licensee's name, address, trade name, and the effective and expiration dates of the license.
The commissioner of revenue must also be informed of a license renewal, transfer,
cancellation, suspension, or revocation during the license period.

Sec. 29.

Minnesota Statutes 2012, section 461.18, is amended to read:


461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.

Subdivision 1.

Except in adult-only facilities.

(a) No person shall offer for sale
tobacco or tobacco-related devices, or electronic delivery devices as defined in section
609.685, subdivision 1, or nicotine or lobelia delivery products as described in section
609.6855,
in open displays which are accessible to the public without the intervention
of a store employee.

(b) [Expired August 28, 1997]

(c) [Expired]

(d) This subdivision shall not apply to retail stores which derive at least 90 percent
of their revenue from tobacco and tobacco-related products devices and where the retailer
ensures that no person younger than 18 years of age is present, or permitted to enter, at
any time.

Subd. 2.

Vending machine sales prohibited.

No person shall sell tobacco products,
electronic delivery devices, or nicotine or lobelia delivery products
from vending
machines. This subdivision does not apply to vending machines in facilities that cannot be
entered at any time by persons younger than 18 years of age.

Subd. 3.

Federal regulations for cartons, multipacks.

Code of Federal
Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
and other multipack units.

Sec. 30.

Minnesota Statutes 2012, section 461.19, is amended to read:


461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.

Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery
devices, and nicotine and lobelia products
. A governing body shall give notice of its
intention to consider adoption or substantial amendment of any local ordinance required
under section 461.12 or permitted under this section. The governing body shall take
reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
known address of each licensee or person required to hold a license under section 461.12.
The notice shall state the time, place, and date of the meeting and the subject matter of
the proposed ordinance.

Sec. 31.

[461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.

(a) For purposes of this section, "child-resistant packaging" is defined as set forth
in Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on January
1, 2015, when tested in accordance with the method described in Code of Federal
Regulations, title 16, section 1700.20, as in effect on January 1, 2015.

(b) The sale of any liquid, whether or not such liquid contains nicotine, that is
intended for human consumption and use in an electronic delivery device, as defined in
section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is
prohibited. All licensees under this chapter must ensure that any liquid intended for human
consumption and use in an electronic delivery device is sold in child-resistant packaging.

(c) A licensee that fails to comply with this section is subject to administrative
penalties under section 461.12, subdivision 2.

EFFECTIVE DATE.

This section is effective January 1, 2015.

Sec. 32.

[461.21] KIOSK SALES PROHIBITED.

No person shall sell tobacco, tobacco-related devices, or electronic delivery devices
as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as
described in section 609.6855, from a moveable place of business. For the purposes of this
section, a moveable place of business means any retail business whose physical location is
not permanent, including, but not limited to, any retail business that is operated from a
kiosk, other transportable structure, or a motorized or nonmotorized vehicle.

EFFECTIVE DATE.

This section is effective January 1, 2015, for contracts in
effect as of May 1, 2014. This section is effective August 1, 2014, for any contracts
entered into after May 1, 2014.

Sec. 33.

Minnesota Statutes 2012, section 609.685, is amended to read:


609.685 SALE OF TOBACCO TO CHILDREN.

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
shall have the meanings respectively ascribed to them in this section.

(a) "Tobacco" means cigarettes and any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
United States Food and Drug Administration for sale as a tobacco-cessation product, as a
tobacco-dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.

(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
other devices intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
Tobacco-related devices include components of tobacco-related devices which may be
marketed or sold separately
.

(c) "Electronic delivery device" means any product containing or delivering nicotine,
lobelia, or any other substance intended for human consumption that can be used by a
person to simulate smoking in the delivery of nicotine or any other substance through
inhalation of vapor from the product. Electronic delivery device includes any component
part of a product, whether or not marketed or sold separately. Electronic delivery device
does not include any product that has been approved or certified by the United States Food
and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
product, or for other medical purposes, and is marketed and sold for such an approved
purpose.

Subd. 1a.

Penalty to sell.

(a) Whoever sells tobacco, tobacco-related devices, or
electronic delivery devices
to a person under the age of 18 years is guilty of a misdemeanor
for the first violation. Whoever violates this subdivision a subsequent time within five
years of a previous conviction under this subdivision is guilty of a gross misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section 340A.503, subdivision 6.

Subd. 2.

Other offenses.

(a) Whoever furnishes tobacco or, tobacco-related
devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
guilty of a gross misdemeanor.

(b) A person under the age of 18 years who purchases or attempts to purchase
tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's
license, permit, Minnesota identification card, or any type of false identification to
misrepresent the person's age, is guilty of a misdemeanor.

Subd. 3.

Petty misdemeanor.

Except as otherwise provided in subdivision 2,
whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery
devices
and is under the age of 18 years is guilty of a petty misdemeanor.

Subd. 4.

Effect on local ordinances.

Nothing in subdivisions 1 to 3 shall supersede
or preclude the continuation or adoption of any local ordinance which provides for more
stringent regulation of the subject matter in subdivisions 1 to 3.

Subd. 5.

Exceptions.

(a) Notwithstanding subdivision 2, an Indian may furnish
tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

(b) The penalties in this section do not apply to a person under the age of 18 years
who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic
delivery devices
while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.

Subd. 6.

Seizure of false identification.

A retailer may seize a form of identification
listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
that the form of identification has been altered or falsified or is being used to violate any
law. A retailer that seizes a form of identification as authorized under this subdivision
shall deliver it to a law enforcement agency within 24 hours of seizing it.

Sec. 34.

Minnesota Statutes 2012, section 609.6855, is amended to read:


609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.

Subdivision 1.

Penalty to sell.

(a) Whoever sells to a person under the age of
18 years a product containing or delivering nicotine or lobelia intended for human
consumption, or any part of such a product, that is not tobacco or an electronic delivery
device
as defined by section 609.685, is guilty of a misdemeanor for the first violation.
Whoever violates this subdivision a subsequent time within five years of a previous
conviction under this subdivision is guilty of a gross misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section 340A.503, subdivision 6.

(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco
or an electronic delivery device as defined by section 609.685, may be sold to persons
under the age of 18 if the product has been approved or otherwise certified for legal sale
by the United States Food and Drug Administration for tobacco use cessation, harm
reduction, or for other medical purposes, and is being marketed and sold solely for that
approved purpose.

Subd. 2.

Other offense.

A person under the age of 18 years who purchases or
attempts to purchase a product containing or delivering nicotine or lobelia intended for
human consumption, or any part of such a product, that is not tobacco or an electronic
delivery device
as defined by section 609.685, and who uses a driver's license, permit,
Minnesota identification card, or any type of false identification to misrepresent the
person's age, is guilty of a misdemeanor.

Subd. 3.

Petty misdemeanor.

Except as otherwise provided in subdivisions 1 and
2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
a product containing or delivering nicotine or lobelia intended for human consumption, or
any part of such a product, that is not tobacco or an electronic delivery device as defined
by section 609.685, is guilty of a petty misdemeanor.

Sec. 35. EVALUATION AND REPORTING REQUIREMENTS.

(a) The commissioner of health shall consult with the Alzheimer's Association,
Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
care, Minnesota Home Care Association, and other stakeholders to evaluate the following:

(1) whether additional settings, provider types, licensed and unlicensed personnel, or
health care services regulated by the commissioner should be required to comply with the
training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;

(2) cost implications for the groups or individuals identified in clause (1) to comply
with the training requirements;

(3) dementia education options available;

(4) existing dementia training mandates under federal and state statutes and rules; and

(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
144D.11, and methods to determine compliance with the training requirements.

(b) The commissioner shall report the evaluation to the chairs of the health and
human services committees of the legislature no later than February 15, 2015, along with
any recommendations for legislative changes.

Sec. 36. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.

The commissioner of health shall develop recommendations on ways to minimize
triclosan health risks.

Sec. 37. REPEALER.

Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

ARTICLE 7

LOCAL PUBLIC HEALTH SYSTEM

Section 1.

Minnesota Statutes 2012, section 145A.02, is amended by adding a
subdivision to read:


Subd. 1a.

Areas of public health responsibility.

"Areas of public health
responsibility" means:

(1) assuring an adequate local public health infrastructure;

(2) promoting healthy communities and healthy behaviors;

(3) preventing the spread of communicable disease;

(4) protecting against environmental health hazards;

(5) preparing for and responding to emergencies; and

(6) assuring health services.

Sec. 2.

Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:


Subd. 5.

Community health board.

"Community health board" means a board of
health established, operating, and eligible for a
the governing body for local public health
grant under sections 145A.09 to 145A.131. in Minnesota. The community health board
may be comprised of a single county, multiple contiguous counties, or in a limited number
of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
responsibilities and authority under this chapter.

Sec. 3.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:


Subd. 6a.

Community health services administrator.

"Community health services
administrator" means a person who meets personnel standards for the position established
under section 145A.06, subdivision 3b, and is working under a written agreement with,
employed by, or under contract with a community health board to provide public health
leadership and to discharge the administrative and program responsibilities on behalf of
the board.

Sec. 4.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:


Subd. 8a.

Local health department.

"Local health department" means an
operational entity that is responsible for the administration and implementation of
programs and services to address the areas of public health responsibility. It is governed
by a community health board.

Sec. 5.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:


Subd. 8b.

Essential public health services.

"Essential public health services"
means the public health activities that all communities should undertake. These services
serve as the framework for the National Public Health Performance Standards. In
Minnesota they refer to activities that are conducted to accomplish the areas of public
health responsibility. The ten essential public health services are to:

(1) monitor health status to identify and solve community health problems;

(2) diagnose and investigate health problems and health hazards in the community;

(3) inform, educate, and empower people about health issues;

(4) mobilize community partnerships and action to identify and solve health
problems;

(5) develop policies and plans that support individual and community health efforts;

(6) enforce laws and regulations that protect health and ensure safety;

(7) link people to needed personal health services and assure the provision of health
care when otherwise unavailable;

(8) maintain a competent public health workforce;

(9) evaluate the effectiveness, accessibility, and quality of personal and
population-based health services; and

(10) contribute to research seeking new insights and innovative solutions to health
problems.

Sec. 6.

Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:


Subd. 15.

Medical consultant.

"Medical consultant" means a physician licensed
to practice medicine in Minnesota who is working under a written agreement with,
employed by, or on contract with a community health board of health to provide advice
and information, to authorize medical procedures through standing orders protocols, and
to assist a community health board of health and its staff in coordinating their activities
with local medical practitioners and health care institutions.

Sec. 7.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:


Subd. 15a.

Performance management.

"Performance management" means the
systematic process of using data for decision making by identifying outcomes and
standards; measuring, monitoring, and communicating progress; and engaging in quality
improvement activities in order to achieve desired outcomes.

Sec. 8.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:


Subd. 15b.

Performance measures.

"Performance measures" means quantitative
ways to define and measure performance.

Sec. 9.

Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:


Subdivision 1.

Establishment; assignment of responsibilities.

(a) The governing
body of a city or county must undertake the responsibilities of a community health board
of health or establish a board of health by establishing or joining a community health
board according to paragraphs (b) to (f)
and assign assigning to it the powers and duties of
a board of health
specified under section 145A.04.

(b) A city council may ask a county or joint powers board of health to undertake
the responsibilities of a board of health for the city's jurisdiction.
A community health
board must include within its jurisdiction a population of 30,000 or more persons or be
composed of three or more contiguous counties.

(c) A county board or city council within the jurisdiction of a community health
board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
community health board except as specified in section 145A.10, subdivision 2 145A.131.

(d) A county board or a joint powers board that establishes a community health
board and has or establishes an operational human services board under chapter 402 may
assign the powers and duties of a community health board to a human services board.
Eligibility for funding from the commissioner will be maintained if all requirements of
sections 145A.03 and 145A.04 are met.

(e) Community health boards established prior to January 1, 2014, including city
community health boards, are eligible to maintain their status as community health boards
as outlined in this subdivision.

(f) A community health board may authorize, by resolution, the community
health service administrator or other designated agent or agents to act on behalf of the
community health board.

Sec. 10.

Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:


Subd. 2.

Joint powers community health board of health.

Except as preempted
under section 145A.10, subdivision 2,
A county may establish a joint community health
board of health by agreement with one or more contiguous counties, or a an existing city
community health board may establish a joint community health board of health with one
or more contiguous cities in the same county, or a city may establish a joint board of health
with the
existing city community health boards in the same county or counties within in
which it is located. The agreements must be established according to section 471.59.

Sec. 11.

Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:


Subd. 4.

Membership; duties of chair.

A community health board of health must
have at least five members, one of whom must be elected by the members as chair and one
as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
of the community health board of health and sign or authorize an agent to sign contracts and
other documents requiring signature on behalf of the community health board of health.

Sec. 12.

Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:


Subd. 5.

Meetings.

A community health board of health must hold meetings at least
twice a year and as determined by its rules of procedure. The board must adopt written
procedures for transacting business and must keep a public record of its transactions,
findings, and determinations. Members may receive a per diem plus travel and other
eligible expenses while engaged in official duties.

Sec. 13.

Minnesota Statutes 2012, section 145A.03, is amended by adding a
subdivision to read:


Subd. 7.

Community health board; eligibility for funding.

A community health
board that meets the requirements of this section is eligible to receive the local public
health grant under section 145A.131 and for other funds that the commissioner grants to
community health boards to carry out public health activities.

Sec. 14.

Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
43, section 21, is amended to read:


145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF
HEALTH
.

Subdivision 1.

Jurisdiction; enforcement.

(a) A county or multicounty community
health
board of health has the powers and duties of a board of health for all territory within
its jurisdiction not under the jurisdiction of a city board of health. Under the general
supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
pertaining to the powers and duties of a board of health within its jurisdictional area
general responsibility for development and maintenance of a system of community health
services under local administration and within a system of state guidelines and standards
.

(b) Under the general supervision of the commissioner, the community health board
shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
powers and duties within its jurisdictional area. In the case of a multicounty or city
community health board, the joint powers agreement under section 145A.03, subdivision
2, or delegation agreement under section 145A.07 shall clearly specify enforcement
authorities.

(c) A member of a community health board may not withdraw from a joint powers
community health board during the first two calendar years following the effective
date of the initial joint powers agreement. The withdrawing member must notify the
commissioner and the other parties to the agreement at least one year before the beginning
of the calendar year in which withdrawal takes effect.

(d) The withdrawal of a county or city from a community health board does not
affect the eligibility for the local public health grant of any remaining county or city for
one calendar year following the effective date of withdrawal.

(e) The local public health grant for a county or city that chooses to withdraw from
a multicounty community health board shall be reduced by the amount of the local
partnership incentive.

Subd. 1a.

Duties.

Consistent with the guidelines and standards established under
section 145A.06, the community health board shall:

(1) identify local public health priorities and implement activities to address the
priorities and the areas of public health responsibility, which include:

(i) assuring an adequate local public health infrastructure by maintaining the basic
foundational capacities to a well-functioning public health system that includes data
analysis and utilization; health planning; partnership development and community
mobilization; policy development, analysis, and decision support; communication; and
public health research, evaluation, and quality improvement;

(ii) promoting healthy communities and healthy behavior through activities
that improve health in a population, such as investing in healthy families; engaging
communities to change policies, systems, or environments to promote positive health or
prevent adverse health; providing information and education about healthy communities
or population health status; and addressing issues of health equity, health disparities, and
the social determinants to health;

(iii) preventing the spread of communicable disease by preventing diseases that are
caused by infectious agents through detecting acute infectious diseases, ensuring the
reporting of infectious diseases, preventing the transmission of infectious diseases, and
implementing control measures during infectious disease outbreaks;

(iv) protecting against environmental health hazards by addressing aspects of the
environment that pose risks to human health, such as monitoring air and water quality;
developing policies and programs to reduce exposure to environmental health risks and
promote healthy environments; and identifying and mitigating environmental risks such as
food and waterborne diseases, radiation, occupational health hazards, and public health
nuisances;

(v) preparing and responding to emergencies by engaging in activities that prepare
public health departments to respond to events and incidents and assist communities in
recovery, such as providing leadership for public health preparedness activities with
a community; developing, exercising, and periodically reviewing response plans for
public health threats; and developing and maintaining a system of public health workforce
readiness, deployment, and response; and

(vi) assuring health services by engaging in activities such as assessing the
availability of health-related services and health care providers in local communities,
identifying gaps and barriers in services; convening community partners to improve
community health systems; and providing services identified as priorities by the local
assessment and planning process; and

(2) submit to the commissioner of health, at least every five years, a community
health assessment and community health improvement plan, which shall be developed
with input from the community and take into consideration the statewide outcomes, the
areas of responsibility, and essential public health services;

(3) implement a performance management process in order to achieve desired
outcomes; and

(4) annually report to the commissioner on a set of performance measures and be
prepared to provide documentation of ability to meet the performance measures.

Subd. 2.

Appointment of agent community health service (CHS) administrator.

A community health board of health must appoint, employ, or contract with a person or
persons
CHS administrator to act on its behalf. The board shall notify the commissioner
of the agent's name, address, and phone number where the agent may be reached between
board meetings
CHS administrator's contact information and submit a copy of the
resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
The resolution must specify the types of action or actions that the CHS administrator is
authorized to take on behalf of the board.

Subd. 2a.

Appointment of medical consultant.

The community health board shall
appoint, employ, or contract with a medical consultant to ensure appropriate medical
advice and direction for the community health board and assist the board and its staff in
the coordination of community health services with local medical care and other health
services.

Subd. 3.

Employment; medical consultant employees.

(a) A community health
board of health may establish a health department or other administrative agency and may
employ persons as necessary to carry out its duties.

(b) Except where prohibited by law, employees of the community health board
of health may act as its agents.

(c) Employees of the board of health are subject to any personnel administration
rules adopted by a city council or county board forming the board of health unless the
employees of the board are within the scope of a statewide personnel administration
system.
Persons employed by a county, city, or the state whose functions and duties are
assumed by a community health board shall become employees of the board without
loss in benefits, salaries, or rights.

(d) The board of health may appoint, employ, or contract with a medical consultant
to receive appropriate medical advice and direction.

Subd. 4.

Acquisition of property; request for and acceptance of funds;
collection of fees.

(a) A community health board of health may acquire and hold in the
name of the county or city the lands, buildings, and equipment necessary for the purposes
of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
purchase, lease, or transfer of custodial control.

(b) A community health board of health may accept gifts, grants, and subsidies from
any lawful source, apply for and accept state and federal funds, and request and accept
local tax funds.

(c) A community health board of health may establish and collect reasonable fees
for performing its duties and providing community health services.

(d) With the exception of licensing and inspection activities, access to community
health services provided by or on contract with the community health board of health must
not be denied to an individual or family because of inability to pay.

Subd. 5.

Contracts.

To improve efficiency, quality, and effectiveness, avoid
unnecessary duplication, and gain cost advantages, a community health board of health
may contract to provide, receive, or ensure provision of services.

Subd. 6.

Investigation; reporting and control of communicable diseases.

A
community health board of health shall make investigations, or coordinate with any
county board or city council within its jurisdiction to make
investigations and reports and
obey instructions on the control of communicable diseases as the commissioner may
direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health
boards of healthmust cooperate so far as practicable to act together to prevent and control
epidemic diseases.

Subd. 6a.

Minnesota Responds Medical Reserve Corps; planning.

A community
health
board of health receiving funding for emergency preparedness or pandemic
influenza planning from the state or from the United States Department of Health and
Human Services shall participate in planning for emergency use of volunteer health
professionals through the Minnesota Responds Medical Reserve Corps program of the
Department of Health. A community health board of health shall collaborate on volunteer
planning with other public and private partners, including but not limited to local or
regional health care providers, emergency medical services, hospitals, tribal governments,
state and local emergency management, and local disaster relief organizations.

Subd. 6b.

Minnesota Responds Medical Reserve Corps; agreements.

A
community health board of health, county, or city participating in the Minnesota Responds
Medical Reserve Corps program may enter into written mutual aid agreements for
deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
volunteers with other community health boards of health, other political subdivisions
within the state, or with tribal governments within the state. A community health board
of health may also enter into agreements with the Indian Health Services of the United
States Department of Health and Human Services, and with boards of health, political
subdivisions, and tribal governments in bordering states and Canadian provinces.

Subd. 6c.

Minnesota Responds Medical Reserve Corps; when mobilized.

When
a community health board of health, county, or city finds that the prevention, mitigation,
response to, or recovery from an actual or threatened public health event or emergency
exceeds its local capacity, it shall use available mutual aid agreements. If the event or
emergency exceeds mutual aid capacities, a community health board of health, county, or
city
may request the commissioner of health to mobilize Minnesota Responds Medical
Reserve Corps volunteers from outside the jurisdiction of the community health board
of health, county, or city.

Subd. 6d.

Minnesota Responds Medical Reserve Corps; liability coverage.

A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
training or assistance at the call of a community health board of health, county, or city
must be deemed an employee of the jurisdiction for purposes of workers' compensation,
tort claim defense, and indemnification.

Subd. 7.

Entry for inspection.

To enforce public health laws, ordinances or rules, a
member or agent of a community health board of health, county, or city may enter a
building, conveyance, or place where contagion, infection, filth, or other source or cause
of preventable disease exists or is reasonably suspected.

Subd. 8.

Removal and abatement of public health nuisances.

(a) If a threat to the
public health such as a public health nuisance, source of filth, or cause of sickness is found
on any property, the community health board of health, county, city, or its agent shall order
the owner or occupant of the property to remove or abate the threat within a time specified
in the notice but not longer than ten days. Action to recover costs of enforcement under
this subdivision must be taken as prescribed in section 145A.08.

(b) Notice for abatement or removal must be served on the owner, occupant, or agent
of the property in one of the following ways:

(1) by registered or certified mail;

(2) by an officer authorized to serve a warrant; or

(3) by a person aged 18 years or older who is not reasonably believed to be a party to
any action arising from the notice.

(c) If the owner of the property is unknown or absent and has no known representative
upon whom notice can be served, the community health board of health, county, or city,
or its agent, shall post a written or printed notice on the property stating that, unless the
threat to the public health is abated or removed within a period not longer than ten days,
the community health board, county, or city will have the threat abated or removed at the
expense of the owner under section 145A.08 or other applicable state or local law.

(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
of the notice provided under paragraphs (b) and (c), then the community health board of
health
, county, city, or its a designated agent of the board, county, or city shall remove or
abate the nuisance, source of filth, or cause of sickness described in the notice from the
property.

Subd. 9.

Injunctive relief.

In addition to any other remedy provided by law, the
community health board of health, county, or city may bring an action in the court of
appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
has power to enforce, or to enjoin as a public health nuisance any activity or failure to
act that adversely affects the public health.

Subd. 10.

Hindrance of enforcement prohibited; penalty.

It is a misdemeanor
deliberately to deliberately hinder a member of a community health board of health,
county or city,
or its agent from entering a building, conveyance, or place where contagion,
infection, filth, or other source or cause of preventable disease exists or is reasonably
suspected, or otherwise to interfere with the performance of the duties of the board of
health
responsible jurisdiction.

Subd. 11.

Neglect of enforcement prohibited; penalty.

It is a misdemeanor for
a member or agent of a community health board of health, county, or city to refuse or
neglect to perform a duty imposed on a board of health an applicable jurisdiction by
statute or ordinance.

Subd. 12.

Other powers and duties established by law.

This section does not limit
powers and duties of a community health board of health, county, or city prescribed in
other sections.

Subd. 13.

Recommended legislation.

The community health board may recommend
local ordinances pertaining to community health services to any county board or city
council within its jurisdiction and advise the commissioner on matters relating to public
health that require assistance from the state, or that may be of more than local interest.

Subd. 14.

Equal access to services.

The community health board must ensure that
community health services are accessible to all persons on the basis of need. No one shall
be denied services because of race, color, sex, age, language, religion, nationality, inability
to pay, political persuasion, or place of residence.

Subd. 15.

State and local advisory committees.

(a) A state community
health services advisory committee is established to advise, consult with, and make
recommendations to the commissioner on the development, maintenance, funding, and
evaluation of local public health services. Each community health board may appoint a
member to serve on the committee. The committee must meet at least quarterly, and
special meetings may be called by the committee chair or a majority of the members.
Members or their alternates may be reimbursed for travel and other necessary expenses
while engaged in their official duties.

(b) Notwithstanding section 15.059, the State Community Health Services Advisory
Committee does not expire.

(c) The city boards or county boards that have established or are members of a
community health board may appoint a community health advisory to advise, consult
with, and make recommendations to the community health board on the duties under
subdivision 1a.

Sec. 15.

Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:


Subd. 2.

Animal control.

In addition to powers under sections 35.67 to 35.69, a
county board, city council, or municipality may adopt ordinances to issue licenses or
otherwise regulate the keeping of animals, to restrain animals from running at large, to
authorize the impounding and sale or summary destruction of animals, and to establish
pounds.

Sec. 16.

Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:


Subd. 2.

Supervision of local enforcement.

(a) In the absence of provision for a
community health board of health, the commissioner may appoint three or more persons
to act as a board until one is established. The commissioner may fix their compensation,
which the county or city must pay.

(b) The commissioner by written order may require any two or more community
health
boards of health, counties, or cities to act together to prevent or control epidemic
diseases.

(c) If a community health board, county, or city fails to comply with section 145A.04,
subdivision 6
, the commissioner may employ medical and other help necessary to control
communicable disease at the expense of the board of health jurisdiction involved.

(d) If the commissioner has reason to believe that the provisions of this chapter have
been violated, the commissioner shall inform the attorney general and submit information
to support the belief. The attorney general shall institute proceedings to enforce the
provisions of this chapter or shall direct the county attorney to institute proceedings.

Sec. 17.

Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:


Subd. 3a.

Assistance to community health boards.

The commissioner shall help
and advise community health boards that ask for assistance in developing, administering,
and carrying out public health services and programs. This assistance may consist of,
but is not limited to:

(1) informational resources, consultation, and training to assist community health
boards plan, develop, integrate, provide, and evaluate community health services; and

(2) administrative and program guidelines and standards developed with the advice
of the State Community Health Services Advisory Committee.

Sec. 18.

Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:


Subd. 3b.

Personnel standards.

In accordance with chapter 14, and in consultation
with the State Community Health Services Advisory Committee, the commissioner
may adopt rules to set standards for administrative and program personnel to ensure
competence in administration and planning.

Sec. 19.

Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:


Subd. 5.

Deadly infectious diseases.

The commissioner shall promote measures
aimed at preventing businesses from facilitating sexual practices that transmit deadly
infectious diseases by providing technical advice to community health boards of health
to assist them in regulating these practices or closing establishments that constitute
a public health nuisance.

Sec. 20.

Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:


Subd. 5a.

System-level performance management.

To improve public health
and ensure the integrity and accountability of the statewide local public health system,
the commissioner, in consultation with the State Community Health Services Advisory
Committee, shall develop performance measures and implement a process to monitor
statewide outcomes and performance improvement.

Sec. 21.

Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:


Subd. 6.

Health volunteer program.

(a) The commissioner may accept grants from
the United States Department of Health and Human Services for the emergency system
for the advanced registration of volunteer health professionals (ESAR-VHP) established
under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.

(b) The commissioner may maintain a registry of volunteers for the Minnesota
Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
deployments within and outside the state. All state licensing and certifying boards
shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
volunteers' information. The commissioner may also obtain information from other states
and national licensing or certifying boards for health practitioners.

(c) The commissioner may share volunteers' data, including any data classified
as private data, from the Minnesota Responds Medical Reserve Corps registry with
community health boards of health, cities or counties, the University of Minnesota's
Academic Health Center or other public or private emergency preparedness partners, or
tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
for credentialing, organizing, training, and deploying volunteers. Upon request of another
state participating in the ESAR-VHP or of a Canadian government administering a similar
health volunteer program, the commissioner may also share the volunteers' data as needed
for emergency preparedness and response.

Sec. 22.

Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
amended to read:


Subd. 7.

Commissioner requests for health volunteers.

(a) When the
commissioner receives a request for health volunteers from:

(1) a local board of health community health board, county, or city according to
section 145A.04, subdivision 6c;

(2) the University of Minnesota Academic Health Center;

(3) another state or a territory through the Interstate Emergency Management
Assistance Compact authorized under section 192.89;

(4) the federal government through ESAR-VHP or another similar program; or

(5) a tribal or Canadian government;

the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
respond to the request. The commissioner may also ask for Minnesota Responds Medical
Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.

(b) The commissioner may request Minnesota Responds Medical Reserve Corps
volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
or temporary units providing emergency patient stabilization, medical transport, or
ambulatory care. The commissioner may utilize the volunteers for training, mobilization
or demobilization, inspection, maintenance, repair, or other support functions for the
MMU facility or for other emergency units, as well as for provision of health care services.

(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
compensation provided by the volunteer's employer during volunteer service requested by
the commissioner. An employer is not liable for actions of an employee while serving as a
Minnesota Responds Medical Reserve Corps volunteer.

(d) If the commissioner matches the request under paragraph (a) with Minnesota
Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
sending and receiving jurisdictions in monitoring deployments, and shall coordinate
efforts with the division of homeland security and emergency management for out-of-state
deployments through the Interstate Emergency Management Assistance Compact or
other emergency management compacts.

(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
as of their initial deployment in response to the event or emergency that triggered a
subsequent commissioner's call.

(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
request for training or assistance at the call of the commissioner must be deemed an
employee of the state for purposes of workers' compensation and tort claim defense and
indemnification under section 3.736, without regard to whether the volunteer's activity is
under the direction and control of the commissioner, the division of homeland security
and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
hospital, alternate care site, or other health care provider treating patients from the public
health event or emergency.

(2) For purposes of calculating workers' compensation benefits under chapter 176,
the daily wage must be the usual wage paid at the time of injury or death for similar services
performed by paid employees in the community where the volunteer regularly resides, or
the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.

(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
reimbursement for travel and subsistence expenses during a deployment approved by the
commissioner under this subdivision according to reimbursement limits established for
paid state employees. Deployment begins when the volunteer leaves on the deployment
until the volunteer returns from the deployment, including all travel related to the
deployment. The Department of Health shall initially review and pay those expenses to
the volunteer. Except as otherwise provided by the Interstate Emergency Management
Assistance Compact in section 192.89 or agreements made thereunder, the department
shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
department for expenses of the volunteers.

(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
deployed outside the state pursuant to the Interstate Emergency Management Assistance
Compact, the provisions of the Interstate Emergency Management Assistance Compact
must control over any inconsistent provisions in this section.

(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
for workers' compensation arising out of a deployment under this section or out of a
training exercise conducted by the commissioner, the volunteer's workers compensation
benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
volunteer may also qualify under other clauses of section 176.011, subdivision 9.

Sec. 23.

Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:


Subdivision 1.

Agreements to perform duties of commissioner.

(a) The
commissioner of health may enter into an agreement with any community health board
of health or county or city that has an established delegation agreement as of January 1,
2014,
to delegate all or part of the licensing, inspection, reporting, and enforcement duties
authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to
144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction,
repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28.

(b) Agreements are subject to subdivision 3.

(c) This subdivision does not affect agreements entered into under Minnesota
Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

Sec. 24.

Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:


Subd. 2.

Agreements to perform duties of community health board of health.

A community health board of health may authorize a township board, city council, or
county board within its jurisdiction to establish a board of health under section 145A.03
and delegate to the board of health by agreement any powers or duties under sections
145A.04, 145A.07, subdivision 2, and 145A.08
carry out activities to fulfill community
health board responsibilities
. An agreement to delegate community health board powers
and duties of a board of health to a county or city must be approved by the commissioner
and is subject to subdivision 3.

Sec. 25.

Minnesota Statutes 2012, section 145A.08, is amended to read:


145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.

Subdivision 1.

Cost of care.

A person who has or whose dependent or spouse has a
communicable disease that is subject to control by the community health board of health is
financially liable to the unit or agency of government that paid for the reasonable cost of
care provided to control the disease under section 145A.04, subdivision 6.

Subd. 2.

Assessment of costs of enforcement.

(a) If costs are assessed for
enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
of costs has been specified in an agreement established under section 145A.07, the
enforcement costs must be assessed as prescribed in this subdivision.

(b) A debt or claim against an individual owner or single piece of real property
resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
not exceed the cost of abatement or removal.

(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
assessed and charged against the real property on which the public health nuisance, source
of filth, or cause of sickness was located. The auditor of the county in which the action is
taken shall extend the cost so assessed and charged on the tax roll of the county against the
real property on which the enforcement action was taken.

(d) The cost of an enforcement action taken by a town or city board of health under
section 145A.04, subdivision 8, may be recovered from the county in which the town or
city is located if the city clerk or other officer certifies the costs of the enforcement action
to the county auditor as prescribed in this section. Taxes equal to the full amount of the
enforcement action but not exceeding the limit in paragraph (b) must be collected by the
county treasurer and paid to the city or town as other taxes are collected and paid.

Subd. 3.

Tax levy authorized.

A city council or county board that has formed or is
a member of a community health board of health may levy taxes on all taxable property in
its jurisdiction to pay the cost of performing its duties under this chapter.

Sec. 26.

Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:


Subd. 2.

Levying taxes.

In levying taxes authorized under section 145A.08,
subdivision 3
, a city council or county board that has formed or is a member of a
community health board must consider the income and expenditures required to meet
local public health priorities established under section 145A.10, subdivision 5a 145A.04,
subdivision 1a, clause (2)
, and statewide outcomes established under section 145A.12,
subdivision 7
145A.04, subdivision 1a, clause (1).

Sec. 27.

Minnesota Statutes 2012, section 145A.131, is amended to read:


145A.131 LOCAL PUBLIC HEALTH GRANT.

Subdivision 1.

Funding formula for community health boards.

(a) Base funding
for each community health board eligible for a local public health grant under section
145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community
health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
programs: community health services subsidy; state and federal maternal and child health
special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
youth risk behavior grants; and available women, infants, and children grant funds in fiscal
year 2003, prior to unallotment, distributed based on the proportion of WIC participants
served in fiscal year 2003 within the CHS service area.

(b) Base funding for a community health board eligible for a local public health grant
under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph
(a), shall be adjusted by the percentage difference between the base, as calculated in
paragraph (a), and the funding available for the local public health grant.

(c) Multicounty or multicity community health boards shall receive a local
partnership base of up to $5,000 per year for each county or city in the case of a multicity
community health board
included in the community health board.

(d) The State Community Health Advisory Committee may recommend a formula to
the commissioner to use in distributing state and federal funds to community health boards
organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally
identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04,
subdivision 1a
, for use in distributing funds to community health boards beginning
January 1, 2006, and thereafter.

Subd. 2.

Local match.

(a) A community health board that receives a local public
health grant shall provide at least a 75 percent match for the state funds received through
the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).

(b) Eligible funds must be used to meet match requirements. Eligible funds include
funds from local property taxes, reimbursements from third parties, fees, other local funds,
and donations or nonfederal grants that are used for community health services described
in section 145A.02, subdivision 6.

(c) When the amount of local matching funds for a community health board is less
than the amount required under paragraph (a), the local public health grant provided for
that community health board under this section shall be reduced proportionally.

(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
that levies a tax for provision of community health services is exempt from any county
levy for the same services to the extent of the levy imposed by the city.

Subd. 3.

Accountability.

(a) Community health boards accepting local public health
grants must document progress toward the statewide outcomes established in section
145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
meet all of the requirements and perform all of the duties described in sections 145A.03
and 145A.04, to maintain eligibility to receive the local public health grant.

(b) In determining whether or not the community health board is documenting
progress toward statewide outcomes, the commissioner shall consider the following factors:

(1) whether the community health board has documented progress to meeting
essential local activities related to the statewide outcomes, as specified in the grant
agreement;

(2) the effort put forth by the community health board toward the selected statewide
outcomes;

(3) whether the community health board has previously failed to document progress
toward selected statewide outcomes under this section;

(4) the amount of funding received by the community health board to address the
statewide outcomes; and

(5) other factors as the commissioner may require, if the commissioner specifically
identifies the additional factors in the commissioner's written notice of determination.

(c) If the commissioner determines that a community health board has not by
the applicable deadline documented progress toward the selected statewide outcomes
established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
notify the community health board in writing and recommend specific actions that the
community health board should take over the following 12 months to maintain eligibility
for the local public health grant.

(d) During the 12 months following the written notification, the commissioner shall
provide administrative and program support to assist the community health board in
taking the actions recommended in the written notification.

(e) If the community health board has not taken the specific actions recommended by
the commissioner within 12 months following written notification, the commissioner may
determine not to distribute funds to the community health board under section 145A.12,
subdivision 2
, for the next fiscal year.

(f) If the commissioner determines not to distribute funds for the next fiscal year, the
commissioner must give the community health board written notice of this determination
and allow the community health board to appeal the determination in writing.

(g) If the commissioner determines not to distribute funds for the next fiscal year
to a community health board that has not documented progress toward the statewide
outcomes and not taken the actions recommended by the commissioner, the commissioner
may retain local public health grant funds that the community health board would have
otherwise received and directly carry out essential local activities to meet the statewide
outcomes, or contract with other units of government or community-based organizations
to carry out essential local activities related to the statewide outcomes.

(h) If the community health board that does not document progress toward the
statewide outcomes is a city, the commissioner shall distribute the local public health
funds that would have been allocated to that city to the county in which the city is located,
if that county is part of a community health board.

(i) The commissioner shall establish a reporting system by which community health
boards will document their progress toward statewide outcomes. This system will be
developed in consultation with the State Community Health Services Advisory Committee
established in section 145A.10, subdivision 10, paragraph (a).

(b) By January 1 of each year, the commissioner shall notify community health
boards of the performance-related accountability requirements of the local public health
grant for that calendar year. Performance-related accountability requirements will be
comprised of a subset of the annual performance measures and will be selected in
consultation with the State Community Health Services Advisory Committee.

(c) If the commissioner determines that a community health board has not met the
accountability requirements, the commissioner shall notify the community health board in
writing and recommend specific actions the community health board must take over the
next six months in order to maintain eligibility for the Local Public Health Act grant.

(d) Following the written notification in paragraph (c), the commissioner shall
provide administrative and program support to assist the community health board as
required in section 145A.06, subdivision 3a.

(e) The commissioner shall provide the community health board two months
following the written notification to appeal the determination in writing.

(f) If the community health board has not submitted an appeal within two months
or has not taken the specific actions recommended by the commissioner within six
months following written notification, the commissioner may elect to not reimburse
invoices for funds submitted after the six-month compliance period and shall reduce by
1/12 the community health board's annual award allocation for every successive month
of noncompliance.

(g) The commissioner may retain the amount of funding that would have been
allocated to the community health board and assume responsibility for public health
activities in the geographic area served by the community health board.

Subd. 4.

Responsibility of commissioner to ensure a statewide public health
system.

If a county withdraws from a community health board and operates as a board of
health or
If a community health board elects not to accept the local public health grant,
the commissioner may retain the amount of funding that would have been allocated to
the community health board using the formula described in subdivision 1 and assume
responsibility for public health activities to meet the statewide outcomes in the geographic
area served by the board of health or community health board. The commissioner may
elect to directly provide public health activities to meet the statewide outcomes or contract
with other units of government or with community-based organizations. If a city that is
currently a community health board withdraws from a community health board or elects
not to accept the local public health grant, the local public health grant funds that would
have been allocated to that city shall be distributed to the county in which the city is
located, if the county is part of a community health board.

Subd. 5.

Local public health priorities Use of funds.

Community health boards
may use their local public health grant to address local public health priorities identified
under section 145A.10, subdivision 5a.
funds to address the areas of public health
responsibility and local priorities developed through the community health assessment and
community health improvement planning process.

Sec. 28. REVISOR'S INSTRUCTION.

(a) The revisor shall change the terms "board of health" or "local board of health" or
any derivative of those terms to "community health board" where it appears in Minnesota
Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

Sec. 29. REPEALER.

Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7,
are repealed. The revisor shall
remove cross-references to these repealed sections and make changes necessary to correct
punctuation, grammar, or structure of the remaining text.

ARTICLE 8

CONTINUING CARE

Section 1.

Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1,
is amended to read:


Subdivision 1.

Requirements for intensive support services.

Except for services
identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2),
a license
holder providing intensive support services identified in section 245D.03, subdivision 1,
paragraph (c), must comply with the requirements in this section and section 245D.07,
subdivisions 1
and 3. Services identified in section 245D.03, subdivision 1, paragraph (c),
clauses (1) and (2), must comply with the requirements in section 245D.07, subdivision 2.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, is
amended to read:


Subd. 4.

Service outcomes and supports.

(a) Within ten working days of the
45-day meeting, the license holder must develop and document the service outcomes and
supports based on the assessments completed under subdivision 3 and the requirements
in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
coordinated service and support plan addendum.

(b) The license holder must document the supports and methods to be implemented
to support the accomplishment of outcomes related to acquiring, retaining, or improving
skills. The documentation must include:

(1) the methods or actions that will be used to support the person and to accomplish
the service outcomes, including information about:

(i) any changes or modifications to the physical and social environments necessary
when the service supports are provided;

(ii) any equipment and materials required; and

(iii) techniques that are consistent with the person's communication mode and
learning style;

(2) the measurable and observable criteria for identifying when the desired outcome
has been achieved and how data will be collected;

(3) the projected starting date for implementing the supports and methods and
the date by which progress towards accomplishing the outcomes will be reviewed and
evaluated; and

(4) the names of the staff or position responsible for implementing the supports
and methods.

(c) Within 20 working days of the 45-day meeting, the license holder must submit
to and
obtain dated signatures from the person or the person's legal representative and
case manager to document completion and approval of the assessment and coordinated
service and support plan addendum. If, within ten working days of the submission of the
assessment or coordinated service and support plan addendum, the person or the person's
legal representative or case manager has not signed and returned to the license holder the
assessment and coordinated service and support plan addendum or has not proposed
written modifications to the license holder's submission, the submission is deemed
approved and the assessment and coordinated service and support plan addendum become
effective and remain in effect until the legal representative or case manager submits a
written request to revise the assessment or coordinated service and support plan addendum.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is
amended to read:


Subd. 4.

Orientation to program requirements.

Except for a license holder
who does not supervise any direct support staff, within 60 calendar days of hire, unless
stated otherwise, the license holder must provide and ensure completion of ten hours of
orientation for direct support staff providing basic services and
30 hours of orientation
for direct support staff providing intensive services that combines supervised on-the-job
training with review of and instruction in the following areas:

(1) the job description and how to complete specific job functions, including:

(i) responding to and reporting incidents as required under section 245D.06,
subdivision 1; and

(ii) following safety practices established by the license holder and as required in
section 245D.06, subdivision 2;

(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation
of those policies and procedures;

(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;

(4) the service recipient rights and staff responsibilities related to ensuring the
exercise and protection of those rights according to the requirements in section 245D.04;

(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
reporting and service planning for children and vulnerable adults, and staff responsibilities
related to protecting persons from maltreatment and reporting maltreatment. This
orientation must be provided within 72 hours of first providing direct contact services and
annually thereafter according to section 245A.65, subdivision 3;

(6) the principles of person-centered service planning and delivery as identified in
section 245D.07, subdivision 1a, and how they apply to direct support service provided
by the staff person; and

(7) the safe and correct use of manual restraint on an emergency basis according to
the requirements in section 245D.061 and what constitutes the use of restraints, time out,
and seclusion, including chemical restraint;

(8) staff responsibilities related to prohibited procedures under section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior, and why such procedures are not safe;

(9) basic first aid; and

(10) other topics as determined necessary in the person's coordinated service and
support plan by the case manager or other areas identified by the license holder.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, is
amended to read:


Subd. 4a.

Orientation to individual service recipient needs.

(a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff
person's job functions for that person.

(b) For community residential services, training and competency evaluations must
include the following, if identified in the coordinated service and support plan:

(1) appropriate and safe techniques in personal hygiene and grooming, including
hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
daily living (ADLs) as defined under section 256B.0659, subdivision 1;

(2) an understanding of what constitutes a healthy diet according to data from the
Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and

(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1; and

(4) demonstrated competence in providing first aid.

(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates
to the responsibilities assigned to the license holder, and when applicable, the person's
individual abuse prevention plan, to achieve and demonstrate an understanding of the
person as a unique individual, and how to implement those plans.

(d) The staff person must review and receive instruction on medication
administration procedures established for the person when medication administration is
assigned to the license holder according to section 245D.05, subdivision 1, paragraph
(b). Unlicensed staff may administer medications only after successful completion of a
medication administration training, from a training curriculum developed by a registered
nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
practitioner, physician's assistant, or physician. The training curriculum must incorporate
an observed skill assessment conducted by the trainer to ensure staff demonstrate the
ability to safely and correctly follow medication procedures.

Medication administration must be taught by a registered nurse, clinical nurse
specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
service initiation or any time thereafter, the person has or develops a health care condition
that affects the service options available to the person because the condition requires:

(1) specialized or intensive medical or nursing supervision; and

(2) nonmedical service providers to adapt their services to accommodate the health
and safety needs of the person.

(e) The staff person must review and receive instruction on the safe and correct
operation of medical equipment used by the person to sustain life or to monitor a medical
condition that could become life-threatening without proper use of the medical equipment
,
including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training
must be provided by a licensed health care professional or a manufacturer's representative
and incorporate an observed skill assessment to ensure staff demonstrate the ability to
safely and correctly operate the equipment according to the treatment orders and the
manufacturer's instructions.

(f) The staff person must review and receive instruction on what constitutes use of
restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
related to the prohibitions of their use according to the requirements in section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior and why they are not safe, and the safe and correct use of manual
restraint on an emergency basis according to the requirements in section 245D.061.

(g) In the event of an emergency service initiation, the license holder must ensure
the training required in this subdivision occurs within 72 hours of the direct support staff
person first having unsupervised contact with the person receiving services. The license
holder must document the reason for the unplanned or emergency service initiation and
maintain the documentation in the person's service recipient record.

(h) (g) License holders who provide direct support services themselves must
complete the orientation required in subdivision 4, clauses (3) to (7) (10).

Sec. 5.

Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is
amended to read:


Subd. 5.

Annual training.

A license holder must provide annual training to direct
support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision
4a
(10). A license holder must provide a minimum of 24 hours of annual training to
direct service staff with providing intensive services and having fewer than five years
of documented experience and 12 hours of annual training to direct service staff with
providing intensive services and having five or more years of documented experience in
topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant
topics received from sources other than the license holder may count toward training
requirements. A license holder must provide a minimum of 12 hours of annual training
to direct service staff providing basic services and having fewer than five years of
documented experience and six hours of annual training to direct service staff providing
basic services and having five or more years of documented experience.

Sec. 6.

Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read:


Subd. 11.

Personal care assistant; requirements.

(a) A personal care assistant
must meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care
assistance provider agency;

(5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
or physician;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined
by the commissioner before completing enrollment. The training must be available
in languages other than English and to those who need accommodations due to
disabilities. Personal care assistant training must include successful completion of the
following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;

(9) complete training and orientation on the needs of the recipient; and

(10) be limited to providing and being paid for up to 275 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents,
stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
and staff of a residential setting. When the personal care assistant is a relative of the
recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
a grandchild.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7.

Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:


Subd. 28.

Personal care assistance provider agency; required documentation.

(a) Required documentation must be completed and kept in the personal care assistance
provider agency file or the recipient's home residence. The required documentation
consists of:

(1) employee files, including:

(i) applications for employment;

(ii) background study requests and results;

(iii) orientation records about the agency policies;

(iv) trainings completed with demonstration of competence;

(v) supervisory visits;

(vi) evaluations of employment; and

(vii) signature on fraud statement;

(2) recipient files, including:

(i) demographics;

(ii) emergency contact information and emergency backup plan;

(iii) personal care assistance service plan;

(iv) personal care assistance care plan;

(v) month-to-month service use plan;

(vi) all communication records;

(vii) start of service information, including the written agreement with recipient; and

(viii) date the home care bill of rights was given to the recipient;

(3) agency policy manual, including:

(i) policies for employment and termination;

(ii) grievance policies with resolution of consumer grievances;

(iii) staff and consumer safety;

(iv) staff misconduct; and

(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;

(4) time sheets for each personal care assistant along with completed activity sheets
for each recipient served; and

(5) agency marketing and advertising materials and documentation of marketing
activities and costs; and.

(6) for each personal care assistant, whether or not the personal care assistant is
providing care to a relative as defined in subdivision 11.

(b) The commissioner