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HF 24020

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/14/2014 06:31pm

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1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2402
1.2A bill for an act
1.3relating to state government; making changes to health and human services
1.4policy provisions; modifying provisions relating to children and family
1.5services, the provision of health services, chemical and mental health services,
1.6health-related occupations, Department of Health, public health, continuing care,
1.7public assistance programs, and health care; establishing reporting requirements
1.8and grounds for disciplinary action for health professionals; making changes to
1.9the medical assistance program; modifying provisions governing juvenile safety
1.10and placement; regulating the sale and use of tobacco-related and electronic
1.11delivery devices; modifying requirements for local boards of health; making
1.12changes to provisions governing the Board of Pharmacy; modifying home and
1.13community-based services standards; revising the Minnesota family investment
1.14program; establishing and modifying task forces and advisory councils; making
1.15changes to grant programs; modifying certain penalty fees; requiring studies
1.16and reports;amending Minnesota Statutes 2012, sections 13.46, subdivision
1.172; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6,
1.1813; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165;
1.19144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02,
1.20subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4,
1.215, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2;
1.22145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions
1.231, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2,
1.24by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17;
1.25148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9;
1.26148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1,
1.274; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814;
1.28148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a
1.29subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2,
1.302a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211;
1.31151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44;
1.32151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions;
1.33214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31;
1.34214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19;
1.35245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision
1.362; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by
1.37adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision;
1.38256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding
1.39a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69,
1.40subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by
1.41adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision;
1.42256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a;
1.43256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12;
2.1256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13;
2.2256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5,
2.38; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26,
2.4subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding
2.5a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18;
2.6461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision
2.71; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2;
2.8144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision
2.93, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7;
2.10151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02,
2.11by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision
2.121; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09,
2.13subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4;
2.14245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04;
2.15256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21;
2.16256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766;
2.17256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3;
2.18256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision
2.192; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special
2.20Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section
2.2160; proposing coding for new law in Minnesota Statutes, chapters 144; 144D;
2.22150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota
2.23Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6;
2.24145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9,
2.2510; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision
2.262; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08;
2.27Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision
2.282; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions
2.291, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000;
2.309500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300;
2.319505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
2.32May 14, 2014
2.33The Honorable Paul Thissen
2.34Speaker of the House of Representatives
2.35The Honorable Sandra L. Pappas
2.36President of the Senate
2.37We, the undersigned conferees for H. F. No. 2402 report that we have agreed upon
2.38the items in dispute and recommend as follows:
2.39That the Senate recede from its amendments and that H. F. No. 2402 be further
2.40amended as follows:
2.41Delete everything after the enacting clause and insert:

2.42"ARTICLE 1
2.43CHILDREN AND FAMILIES

2.44    Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to
2.45read:
2.46    Subd. 19. Family day care and group family day care child age classifications.
2.47(a) For the purposes of family day care and group family day care licensing under this
2.48chapter, the following terms have the meanings given them in this subdivision.
3.1(b) "Newborn" means a child between birth and six weeks old.
3.2(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
3.3(d) "Toddler" means a child who is at least 12 months old but less than 24 months
3.4old, except that for purposes of specialized infant and toddler family and group family day
3.5care, "toddler" means a child who is at least 12 months old but less than 30 months old.
3.6(e) "Preschooler" means a child who is at least 24 months old up to the school age of
3.7being eligible to enter kindergarten within the next four months.
3.8(f) "School age" means a child who is at least of sufficient age to have attended the
3.9first day of kindergarten, or is eligible to enter kindergarten within the next four months
3.10 five years of age, but is younger than 11 years of age.

3.11    Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
3.12245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
3.13DEATH IN LICENSED PROGRAMS.
3.14    (a) When a license holder is placing an infant to sleep, the license holder must place
3.15the infant on the infant's back, unless the license holder has documentation from the
3.16infant's physician directing an alternative sleeping position for the infant. The physician
3.17directive must be on a form approved by the commissioner and must remain on file at the
3.18licensed location. An infant who independently rolls onto its stomach after being placed to
3.19sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
3.20six months of age or the license holder has a signed statement from the parent indicating
3.21that the infant regularly rolls over at home.
3.22    (b) The license holder must place the infant in a crib directly on a firm mattress with
3.23a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
3.24overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
3.25the sheet with reasonable effort. The license holder must not place anything in the crib with
3.26the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
3.27part 1511. The requirements of this section apply to license holders serving infants younger
3.28than one year of age. Licensed child care providers must meet the crib requirements under
3.29section 245A.146. A correction order shall not be issued under this paragraph unless there
3.30is evidence that a violation occurred when an infant was present in the license holder's care.
3.31    (c) If an infant falls asleep before being placed in a crib, the license holder must
3.32move the infant to a crib as soon as practicable, and must keep the infant within sight of
3.33the license holder until the infant is placed in a crib. When an infant falls asleep while
3.34being held, the license holder must consider the supervision needs of other children in
3.35care when determining how long to hold the infant before placing the infant in a crib to
4.1sleep. The sleeping infant must not be in a position where the airway may be blocked or
4.2with anything covering the infant's face.
4.3    (d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
4.4for an infant of any age and is prohibited for any infant who has begun to roll over
4.5independently. However, with the written consent of a parent or guardian according to this
4.6paragraph, a license holder may place the infant who has not yet begun to roll over on its
4.7own down to sleep in a one-piece sleeper equipped with an attached system that fastens
4.8securely only across the upper torso, with no constriction of the hips or legs, to create a
4.9swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
4.10the license holder must obtain informed written consent for the use of swaddling from the
4.11parent or guardian of the infant on a form provided by the commissioner and prepared in
4.12partnership with the Minnesota Sudden Infant Death Center.

4.13    Sec. 3. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
4.14CARE LICENSE HOLDERS.
4.15    Contractors who serve multiple family child care holders may request that the
4.16county agency maintain a record of:
4.17    (1) the contractor's background study results as required in section 245C.04,
4.18subdivision 7, to verify that the contractor does not have a disqualification or a
4.19disqualification that has not been set aside, and is eligible to provide direct contact services
4.20in a licensed program; and
4.21    (2) the contractor's compliance with training requirements.

4.22    Sec. 4. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
4.23amended to read:
4.24    Subd. 5. Sudden unexpected infant death and abusive head trauma training.
4.25    (a) License holders must document that before staff persons, caregivers, and helpers
4.26assist in the care of infants, they are instructed on the standards in section 245A.1435 and
4.27receive training on reducing the risk of sudden unexpected infant death. In addition,
4.28license holders must document that before staff persons, caregivers, and helpers assist in
4.29the care of infants and children under school age, they receive training on reducing the
4.30risk of abusive head trauma from shaking infants and young children. The training in this
4.31subdivision may be provided as initial training under subdivision 1 or ongoing annual
4.32training under subdivision 7.
4.33    (b) Sudden unexpected infant death reduction training required under this subdivision
4.34must be at least one-half hour in length and must be completed in person at least once
5.1every two years. On the years when the license holder is not receiving the in-person
5.2training on sudden unexpected infant death reduction, the license holder must receive
5.3sudden unexpected infant death reduction training through a video of no more than one
5.4hour in length developed or approved by the commissioner., at a minimum, the training
5.5must address the risk factors related to sudden unexpected infant death, means of reducing
5.6the risk of sudden unexpected infant death in child care, and license holder communication
5.7with parents regarding reducing the risk of sudden unexpected infant death.
5.8    (c) Abusive head trauma training required under this subdivision must be at least
5.9one-half hour in length and must be completed at least once every year., at a minimum,
5.10the training must address the risk factors related to shaking infants and young children,
5.11means of reducing the risk of abusive head trauma in child care, and license holder
5.12communication with parents regarding reducing the risk of abusive head trauma.
5.13    (d) Training for family and group family child care providers must be developed
5.14by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
5.15approved by the Minnesota Center for Professional Development. Sudden unexpected
5.16infant death reduction training and abusive head trauma training may be provided in a
5.17single course of no more than two hours in length.
5.18    (e) Sudden unexpected infant death reduction training and abusive head trauma
5.19training required under this subdivision must be completed in person or as allowed under
5.20subdivision 10, clause (1) or (2), at least once every two years. On the years when the
5.21license holder is not receiving training in person or as allowed under subdivision 10,
5.22clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
5.23training and abusive head trauma training through a video of no more than one hour in
5.24length. The video must be developed or approved by the commissioner.
5.25EFFECTIVE DATE.This section is effective January 1, 2015.

5.26    Sec. 5. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
5.27to read:
5.28    Subd. 7. Current or prospective contractors serving multiple family child care
5.29license holders. Current or prospective contractors who are required to have a background
5.30study under section 245C.03, subdivision 1, who provide services for multiple family
5.31child care license holders in a single county, and will have direct contact with children
5.32served in the family child care setting are required to have only one background study
5.33which is transferable to all family child care programs in that county if:
6.1    (1) the county agency maintains a record of the contractor's background study results
6.2which verify the contractor is approved to have direct contact with children receiving
6.3services;
6.4    (2) the license holder contacts the county agency and obtains notice that the current
6.5or prospective contractor is in compliance with background study requirements and
6.6approved to have direct contact; and
6.7    (3) the contractor's background study is repeated every two years.

6.8    Sec. 6. Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read:
6.9    Subd. 2. Placement decisions based on best interests of the child. (a) The
6.10policy of the state of Minnesota is to ensure that the child's best interests are met by
6.11requiring an individualized determination of the needs of the child and of how the selected
6.12placement will serve the needs of the child being placed. The authorized child-placing
6.13agency shall place a child, released by court order or by voluntary release by the parent
6.14or parents, in a family foster home selected by considering placement with relatives and
6.15important friends in the following order:
6.16    (1) with an individual who is related to the child by blood, marriage, or adoption; or
6.17    (2) with an individual who is an important friend with whom the child has resided or
6.18had significant contact.
6.19    (b) Among the factors the agency shall consider in determining the needs of the
6.20child are the following:
6.21    (1) the child's current functioning and behaviors;
6.22    (2) the medical needs of the child;
6.23(3) the educational needs of the child;
6.24(4) the developmental needs of the child;
6.25    (5) the child's history and past experience;
6.26    (6) the child's religious and cultural needs;
6.27    (7) the child's connection with a community, school, and faith community;
6.28    (8) the child's interests and talents;
6.29    (9) the child's relationship to current caretakers, parents, siblings, and relatives; and
6.30    (10) the reasonable preference of the child, if the court, or the child-placing agency
6.31in the case of a voluntary placement, deems the child to be of sufficient age to express
6.32preferences.
6.33    (c) Placement of a child cannot be delayed or denied based on race, color, or national
6.34origin of the foster parent or the child.
7.1    (d) Siblings should be placed together for foster care and adoption at the earliest
7.2possible time unless it is documented that a joint placement would be contrary to the
7.3safety or well-being of any of the siblings or unless it is not possible after reasonable
7.4efforts by the responsible social services agency. In cases where siblings cannot be placed
7.5together, the agency is required to provide frequent visitation or other ongoing interaction
7.6between siblings unless the agency documents that the interaction would be contrary to
7.7the safety or well-being of any of the siblings.
7.8    (e) Except for emergency placement as provided for in section 245A.035, the
7.9following requirements must be satisfied before the approval of a foster or adoptive
7.10placement in a related or unrelated home: (1) a completed background study is required
7.11 under section 245C.08 before the approval of a foster placement in a related or unrelated
7.12home; and (2) a completed review of the written home study required under section
7.13260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective
7.14foster or adoptive parent to ensure the placement will meet the needs of the individual child.

7.15    Sec. 7. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
7.16    Subd. 4. Duties of commissioner. The commissioner of human services shall:
7.17(1) provide practice guidance to responsible social services agencies and child-placing
7.18agencies that reflect federal and state laws and policy direction on placement of children;
7.19(2) develop criteria for determining whether a prospective adoptive or foster family
7.20has the ability to understand and validate the child's cultural background;
7.21(3) provide a standardized training curriculum for adoption and foster care workers
7.22and administrators who work with children. Training must address the following objectives:
7.23(i) developing and maintaining sensitivity to all cultures;
7.24(ii) assessing values and their cultural implications;
7.25(iii) making individualized placement decisions that advance the best interests of a
7.26particular child under section 260C.212, subdivision 2; and
7.27(iv) issues related to cross-cultural placement;
7.28(4) provide a training curriculum for all prospective adoptive and foster families that
7.29prepares them to care for the needs of adoptive and foster children taking into consideration
7.30the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
7.31(5) develop and provide to agencies a home study format to assess the capacities
7.32and needs of prospective adoptive and foster families. The format must address
7.33problem-solving skills; parenting skills; evaluate the degree to which the prospective
7.34family has the ability to understand and validate the child's cultural background, and other
7.35issues needed to provide sufficient information for agencies to make an individualized
8.1placement decision consistent with section 260C.212, subdivision 2. For a study of a
8.2prospective foster parent, the format must also address the capacity of the prospective
8.3foster parent to provide a safe, healthy, smoke-free home environment. If a prospective
8.4adoptive parent has also been a foster parent, any update necessary to a home study for
8.5the purpose of adoption may be completed by the licensing authority responsible for the
8.6foster parent's license. If a prospective adoptive parent with an approved adoptive home
8.7study also applies for a foster care license, the license application may be made with the
8.8same agency which provided the adoptive home study; and
8.9(6) consult with representatives reflecting diverse populations from the councils
8.10established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
8.11community organizations.

8.12    Sec. 8. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
8.13    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing
8.14agency must:
8.15(1) develop and follow procedures for implementing the requirements of section
8.16260C.212, subdivision 2 , and the Indian Child Welfare Act, United States Code, title
8.1725, sections 1901 to 1923;
8.18(2) have a written plan for recruiting adoptive and foster families that reflect the
8.19ethnic and racial diversity of children who are in need of foster and adoptive homes.
8.20The plan must include:
8.21(i) strategies for using existing resources in diverse communities;
8.22(ii) use of diverse outreach staff wherever possible;
8.23(iii) use of diverse foster homes for placements after birth and before adoption; and
8.24(iv) other techniques as appropriate;
8.25(3) have a written plan for training adoptive and foster families;
8.26(4) have a written plan for employing staff in adoption and foster care who have
8.27the capacity to assess the foster and adoptive parents' ability to understand and validate a
8.28child's cultural and meet the child's individual needs, and to advance the best interests of
8.29the child, as required in section 260C.212, subdivision 2. The plan must include staffing
8.30goals and objectives;
8.31(5) ensure that adoption and foster care workers attend training offered or approved
8.32by the Department of Human Services regarding cultural diversity and the needs of special
8.33needs children; and
8.34(6) develop and implement procedures for implementing the requirements of the
8.35Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
9.1(7) ensure that children in foster care are protected from the effects of secondhand
9.2smoke and that licensed foster homes maintain a smoke-free environment in compliance
9.3with subdivision 9.
9.4(b) In determining the suitability of a proposed placement of an Indian child, the
9.5standards to be applied must be the prevailing social and cultural standards of the Indian
9.6child's community, and the agency shall defer to tribal judgment as to suitability of a
9.7particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

9.8    Sec. 9. Minnesota Statutes 2012, section 260C.215, is amended by adding a
9.9subdivision to read:
9.10    Subd. 9. Preventing exposure to secondhand smoke for children in foster care.
9.11    (a) A child in foster care shall not be exposed to any type of secondhand smoke in the
9.12following settings:
9.13    (1) a licensed foster home or any enclosed space connected to the home, including a
9.14garage, porch, deck, or similar space; or
9.15    (2) a motor vehicle while a foster child is transported.
9.16    (b) Smoking in outdoor areas on the premises of the home is permitted, except when
9.17a foster child is present and exposed to secondhand smoke.
9.18    (c) The home study required in subdivision 4, clause (5), must include a plan to
9.19maintain a smoke-free environment for foster children.
9.20    (d) If a foster parent fails to provide a smoke-free environment for a foster child, the
9.21child-placing agency must ask the foster parent to comply with a plan that includes training
9.22on the health risks of exposure to secondhand smoke. If the agency determines that the
9.23foster parent is unable to provide a smoke-free environment and that the home environment
9.24constitutes a health risk to a foster child, the agency must reassess whether the placement
9.25is based on the child's best interests consistent with section 260C.212, subdivision 2.
9.26    (e) Nothing in this subdivision shall delay the placement of a child with a relative,
9.27consistent with section 245A.035, unless the relative is unable to provide for the
9.28immediate health needs of the individual child.
9.29    (f) If a child's best interests would most effectively be served by placement in a home
9.30which will not meet the requirements of paragraph (a), the failure to meet the requirements
9.31of paragraph (a) shall not be a cause to deny placement in that home.
9.32    (g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a
9.33basis for denying placement pursuant to the provisions of the federal Indian Child Welfare
9.34Act or Minnesota Indian Family Preservation Act.
10.1    (h) Nothing in this subdivision shall be interpreted to interfere with traditional or
10.2spiritual Native American or religious ceremonies involving the use of tobacco.

10.3    Sec. 10. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
10.4    Subd. 11c. Welfare, court services agency, and school records maintained.
10.5Notwithstanding sections 138.163 and 138.17, records maintained or records derived
10.6from reports of abuse by local welfare agencies, agencies responsible for assessing or
10.7investigating the report, court services agencies, or schools under this section shall be
10.8destroyed as provided in paragraphs (a) to (d) by the responsible authority.
10.9(a) For family assessment cases and cases where an investigation results in no
10.10determination of maltreatment or the need for child protective services, the assessment or
10.11investigation records must be maintained for a period of four years. Records under this
10.12paragraph may not be used for employment, background checks, or purposes other than to
10.13assist in future risk and safety assessments.
10.14(b) All records relating to reports which, upon investigation, indicate either
10.15maltreatment or a need for child protective services shall be maintained for at least ten
10.16years after the date of the final entry in the case record.
10.17(c) All records regarding a report of maltreatment, including any notification of intent
10.18to interview which was received by a school under subdivision 10, paragraph (d), shall be
10.19destroyed by the school when ordered to do so by the agency conducting the assessment or
10.20investigation. The agency shall order the destruction of the notification when other records
10.21relating to the report under investigation or assessment are destroyed under this subdivision.
10.22(d) Private or confidential data released to a court services agency under subdivision
10.2310h must be destroyed by the court services agency when ordered to do so by the local
10.24welfare agency that released the data. The local welfare agency or agency responsible for
10.25assessing or investigating the report shall order destruction of the data when other records
10.26relating to the assessment or investigation are destroyed under this subdivision.
10.27(e) For reports alleging child maltreatment that were not accepted for assessment
10.28or investigation, counties shall maintain sufficient information to identify repeat reports
10.29alleging maltreatment of the same child or children for 365 days from the date the report
10.30was screened out. The commissioner of human services shall specify to the counties the
10.31minimum information needed to accomplish this purpose. Counties shall enter this data
10.32into the state social services information system.

10.33    Sec. 11. 2014 H.F. No. 2950, article 1, section 12, if enacted, is amended to read:

10.34    Sec. 12. REPEALER.
11.1(a) Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision
11.22; 119B.23; 119B.231; 119B.232; 256.01, subdivisions 3, 14, and 14a; 256.9792;
11.3256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b
11.4and 5; 256I.07; 256K.35; 259.85, subdivisions 2, 3, 4, and 5; 518A.53, subdivision 7;
11.5518A.74; and 626.5593, are repealed.
11.6(b) Minnesota Statutes 2012, section 256J.24, subdivision 10, is repealed effective
11.7October 1, 2014.
11.8(c) Minnesota Statutes 2013 Supplement, section 259.85, subdivision 1, is repealed.

11.9    Sec. 12. MINNESOTA TANF EXPENDITURES TASK FORCE.
11.10    Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
11.11established to analyze past temporary assistance for needy families (TANF) expenditures
11.12and make recommendations as to which, if any, programs currently receiving TANF
11.13funding should be funded by the general fund so that a greater portion of TANF funds
11.14can go directly to Minnesota families receiving assistance through the Minnesota family
11.15investment program under Minnesota Statutes, chapter 256J.
11.16    Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
11.17following members who serve at the pleasure of their appointing authority:
11.18(1) one representative of the Department of Human Services appointed by the
11.19commissioner of human services;
11.20(2) one representative of the Department of Management and Budget appointed by
11.21the commissioner of management and budget;
11.22(3) one representative of the Department of Health appointed by the commissioner
11.23of health;
11.24(4) one representative of the Local Public Health Association of Minnesota;
11.25(5) two representatives of county government appointed by the Association of
11.26Minnesota Counties, one representing counties in the seven-county metropolitan area
11.27and one representing all other counties;
11.28(6) one representative of the Minnesota Legal Services Coalition;
11.29(7) one representative of the Children's Defense Fund of Minnesota;
11.30(8) one representative of the Minnesota Coalition for the Homeless;
11.31(9) one representative of the Welfare Rights Coalition;
11.32(10) two members of the house of representatives, one appointed by the speaker of
11.33the house and one appointed by the minority leader; and
12.1(11) two members of the senate, including one member of the minority party,
12.2appointed according to the rules of the senate.
12.3(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
12.4shall serve without compensation or reimbursement of expenses.
12.5(c) The commissioner of human services must convene the first meeting of the
12.6Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
12.7least quarterly.
12.8(d) Staffing and technical assistance shall be provided within available resources by
12.9the Department of Human Services, children and family services division.
12.10    Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
12.11block grant, including a determination of whether or not programs for which TANF funds
12.12have been appropriated meet the purposes of the TANF program as defined under Code of
12.13Federal Regulations, title 45, section 260.20, and make recommendations as to which,
12.14if any, programs currently receiving TANF funds should be funded by the general fund.
12.15In making recommendations on program funding sources, the task force shall consider
12.16the following:
12.17(1) the original purpose of the TANF block grant under Code of Federal Regulations,
12.18title 45, section 260.20;
12.19(2) potential overlap of the population eligible for the Minnesota family investment
12.20program cash grant and the other programs currently receiving TANF funds;
12.21(3) the ability for TANF funds, as appropriated under current law, to effectively help
12.22the lowest-income Minnesotans out of poverty;
12.23(4) the impact of past expenditures on families who may be eligible for assistance
12.24through TANF;
12.25(5) the ability of TANF funds to support effective parenting and optimal brain
12.26development in children under five years old; and
12.27(6) the role of noncash assistance expenditures in maintaining compliance with
12.28federal law.
12.29(b) In preparing the recommendations under paragraph (a), the task force shall
12.30consult with appropriate Department of Human Services information technology staff
12.31regarding implementation of the recommendations.
12.32    Subd. 4. Report. (a) The task force must submit an initial report by November
12.3330, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
12.34ranking minority members of the legislative committees with jurisdiction over health and
12.35human services policy and finance.
13.1(b) The task force must submit a final report by February 1, 2015, analyzing past
13.2TANF expenditures and making recommendations as to which programs, if any, currently
13.3receiving TANF funding should be funded by the general fund, including any phase-in
13.4period and draft legislation necessary for implementation, to the chairs and ranking
13.5minority members of the legislative committees with jurisdiction over health and human
13.6services policy and finance.
13.7    Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
13.8final report required under subdivision 4, whichever is earlier.
13.9EFFECTIVE DATE.This section is effective the day following final enactment.

13.10ARTICLE 2
13.11PROVISION OF HEALTH SERVICES

13.12    Section 1. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
13.13    Subdivision 1. Practice of dentistry. A person licensed to practice dentistry under
13.14sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
13.15in the administration of an influenza vaccination.
13.16    Subd. 2. Qualified dentists. (a) The influenza immunization shall be administered
13.17only to patients 19 years of age and older and only by licensed dentists who:
13.18(1) have immediate access to emergency response equipment, including but not
13.19limited to oxygen administration equipment, epinephrine, and other allergic reaction
13.20response equipment; and
13.21(2) are trained in or have successfully completed a program approved by the
13.22Minnesota Board of Dentistry, specifically for the administration of immunizations. The
13.23training or program must include:
13.24(i) educational material on the disease of influenza and vaccination as prevention
13.25of the disease;
13.26(ii) contraindications and precautions;
13.27(iii) intramuscular administration;
13.28(iv) communication of risk and benefits of influenza vaccination and legal
13.29requirements involved;
13.30(v) reporting of adverse events;
13.31(vi) documentation required by federal law; and
13.32(vii) storage and handling of vaccines.
13.33(b) Any dentist giving influenza vaccinations under this section shall comply
13.34with guidelines established by the federal Advisory Committee on Immunization
14.1Practices relating to vaccines and immunizations, which includes, but is not limited to,
14.2vaccine storage and handling, vaccine administration and documentation, and vaccine
14.3contraindications and precautions.
14.4    Subd. 3. Coordination of care. After a dentist qualified under subdivision 2 has
14.5administered an influenza vaccine to a patient, the dentist shall report the administration of
14.6the immunization to the Minnesota Immunization Information Connection or otherwise
14.7notify the patient's primary physician or clinic of the administration of the immunization.
14.8EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
14.9influenza immunizations performed on or after that date.

14.10    Sec. 2. [151.71] MAXIMUM ALLOWABLE COST PRICING.
14.11    Subdivision 1. Definition. (a) For purposes of this section, the following definitions
14.12apply.
14.13(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision
14.144.
14.15(c) "Pharmacy benefit manager" means an entity doing business in this state that
14.16contracts to administer or manage prescription drug benefits on behalf of any health plan
14.17company that provides prescription drug benefits to residents of this state.
14.18    Subd. 2. Pharmacy benefit manager contracts with pharmacies; maximum
14.19allowable cost pricing. (a) In each contract between a pharmacy benefit manager and
14.20a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit
14.21manager a current list of the sources used to determine maximum allowable cost pricing.
14.22The pharmacy benefit manager shall update the pricing information at least every seven
14.23business days and provide a means by which contracted pharmacies may promptly review
14.24current prices in an electronic, print, or telephonic format within one business day at no
14.25cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate
14.26products from the list of drugs subject to maximum allowable cost pricing in a timely
14.27manner in order to remain consistent with changes in the marketplace.
14.28(b) In order to place a prescription drug on a maximum allowable cost list, a
14.29pharmacy benefit manager shall ensure that the drug is generally available for purchase by
14.30pharmacies in this state from a national or regional wholesaler and is not obsolete.
14.31(c) Each contract between a pharmacy benefit manager and a pharmacy must include
14.32a process to appeal, investigate, and resolve disputes regarding maximum allowable cost
14.33pricing that includes:
14.34(1) a 15-business day limit on the right to appeal following the initial claim;
15.1(2) a requirement that the appeal be investigated and resolved within seven business
15.2days after the appeal is received; and
15.3(3) a requirement that a pharmacy benefit manager provide a reason for any appeal
15.4denial and identify the national drug code of a drug that may be purchased by the
15.5pharmacy at a price at or below the maximum allowable cost price as determined by
15.6the pharmacy benefit manager.
15.7(d) If an appeal is upheld, the pharmacy benefit manager shall make an adjustment
15.8to the maximum allowable cost price no later than one business day after the date of
15.9determination. The pharmacy benefit manager shall make the price adjustment applicable
15.10to all similarly situated network pharmacy providers as defined by the plan sponsor.
15.11EFFECTIVE DATE.This section is effective January 1, 2015.

15.12    Sec. 3. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
15.13113, article 3, section 3, is amended to read:
15.14152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
15.15REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
15.16    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
15.17this subdivision have the meanings given.
15.18    (a) (b) "Board" means the Minnesota State Board of Pharmacy established under
15.19chapter 151.
15.20    (b) (c) "Controlled substances" means those substances listed in section 152.02,
15.21subdivisions 3 to 5 6, and those substances defined by the board pursuant to section
15.22152.02, subdivisions 7 , 8, and 12. For the purposes of this section, controlled substances
15.23includes tramadol and butalbital.
15.24    (c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01,
15.25subdivision 30
. Dispensing does not include the direct administering of a controlled
15.26substance to a patient by a licensed health care professional.
15.27    (d) (e) "Dispenser" means a person authorized by law to dispense a controlled
15.28substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
15.29not include a licensed hospital pharmacy that distributes controlled substances for inpatient
15.30hospital care or a veterinarian who is dispensing prescriptions under section 156.18.
15.31    (e) (f) "Prescriber" means a licensed health care professional who is authorized to
15.32prescribe a controlled substance under section 152.12, subdivision 1 or 2.
15.33    (f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.
16.1    Subd. 1a. Treatment of intractable pain. This section is not intended to limit or
16.2interfere with the legitimate prescribing of controlled substances for pain. No prescriber
16.3shall be subject to disciplinary action by a health-related licensing board for prescribing a
16.4controlled substance according to the provisions of section 152.125.
16.5    Subd. 2. Prescription electronic reporting system. (a) The board shall establish
16.6by January 1, 2010, an electronic system for reporting the information required under
16.7subdivision 4 for all controlled substances dispensed within the state.
16.8    (b) The board may contract with a vendor for the purpose of obtaining technical
16.9assistance in the design, implementation, operation, and maintenance of the electronic
16.10reporting system.
16.11    Subd. 3. Prescription Electronic Reporting Monitoring Program Advisory
16.12Committee Task Force. (a) The board shall convene shall appoint an advisory committee.
16.13The committee must include task force consisting of at least one representative of:
16.14    (1) the Department of Health;
16.15    (2) the Department of Human Services;
16.16    (3) each health-related licensing board that licenses prescribers;
16.17    (4) a professional medical association, which may include an association of pain
16.18management and chemical dependency specialists;
16.19    (5) a professional pharmacy association;
16.20    (6) a professional nursing association;
16.21    (7) a professional dental association;
16.22    (8) a consumer privacy or security advocate; and
16.23    (9) a consumer or patient rights organization; and
16.24    (10) an association of medical examiners and coroners.
16.25    (b) The advisory committee task force shall advise the board on the development and
16.26operation of the electronic reporting system prescription monitoring program, including,
16.27but not limited to:
16.28    (1) technical standards for electronic prescription drug reporting;
16.29    (2) proper analysis and interpretation of prescription monitoring data; and
16.30    (3) an evaluation process for the program; and
16.31    (4) criteria for the unsolicited provision of prescription monitoring data by the
16.32board to prescribers and dispensers.
16.33(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
16.34subdivision 5, the task force shall not expire.
17.1    Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the
17.2following data to the board or its designated vendor, subject to the notice required under
17.3paragraph (d):
17.4    (1) name of the prescriber;
17.5    (2) national provider identifier of the prescriber;
17.6    (3) name of the dispenser;
17.7    (4) national provider identifier of the dispenser;
17.8    (5) prescription number;
17.9    (6) name of the patient for whom the prescription was written;
17.10    (7) address of the patient for whom the prescription was written;
17.11    (8) date of birth of the patient for whom the prescription was written;
17.12    (9) date the prescription was written;
17.13    (10) date the prescription was filled;
17.14    (11) name and strength of the controlled substance;
17.15    (12) quantity of controlled substance prescribed;
17.16    (13) quantity of controlled substance dispensed; and
17.17    (14) number of days supply.
17.18    (b) The dispenser must submit the required information by a procedure and in a
17.19format established by the board. The board may allow dispensers to omit data listed in this
17.20subdivision or may require the submission of data not listed in this subdivision provided
17.21the omission or submission is necessary for the purpose of complying with the electronic
17.22reporting or data transmission standards of the American Society for Automation in
17.23Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
17.24standard-setting body.
17.25    (c) A dispenser is not required to submit this data for those controlled substance
17.26prescriptions dispensed for:
17.27    (1) individuals residing in licensed skilled nursing or intermediate care facilities;
17.28    (2) individuals receiving assisted living services under chapter 144G or through a
17.29medical assistance home and community-based waiver;
17.30    (3) individuals receiving medication intravenously;
17.31    (4) individuals receiving hospice and other palliative or end-of-life care; and
17.32    (5) individuals receiving services from a home care provider regulated under chapter
17.33144A.
17.34    (1) individuals residing in a health care facility as defined in section 151.58,
17.35subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
17.36drug distribution system according to section 151.58; and
18.1    (2) individuals receiving a drug sample that was packaged by a manufacturer and
18.2provided to the dispenser for dispensing as a professional sample pursuant to Code of
18.3Federal Regulations, title 21, part 203, subpart D.
18.4    (d) A dispenser must not submit data under this subdivision unless provide to the
18.5patient for whom the prescription was written a conspicuous notice of the reporting
18.6requirements of this section is given to the patient for whom the prescription was written
18.7 and notice that the information may be used for program administration purposes.
18.8    Subd. 5. Use of data by board. (a) The board shall develop and maintain a database
18.9of the data reported under subdivision 4. The board shall maintain data that could identify
18.10an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
18.11under subdivision 6, the database may be used by permissible users identified under
18.12subdivision 6 for the identification of:
18.13    (1) individuals receiving prescriptions for controlled substances from prescribers
18.14who subsequently obtain controlled substances from dispensers in quantities or with a
18.15frequency inconsistent with generally recognized standards of use for those controlled
18.16substances, including standards accepted by national and international pain management
18.17associations; and
18.18    (2) individuals presenting forged or otherwise false or altered prescriptions for
18.19controlled substances to dispensers.
18.20    (b) No permissible user identified under subdivision 6 may access the database
18.21for the sole purpose of identifying prescribers of controlled substances for unusual or
18.22excessive prescribing patterns without a valid search warrant or court order.
18.23    (c) No personnel of a state or federal occupational licensing board or agency may
18.24access the database for the purpose of obtaining information to be used to initiate or
18.25substantiate a disciplinary action against a prescriber.
18.26    (d) Data reported under subdivision 4 shall be retained by the board in the database
18.27for a 12-month period, and shall be removed from the database no later than 12 months
18.28from the last day of the month during which the data was received. made available to
18.29permissible users for a 12-month period beginning the day the data was received and
18.30ending 12 months from the last day of the month in which the data was received, except
18.31that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may
18.32use all data collected under this section for the purposes of administering, operating,
18.33and maintaining the prescription monitoring program and conducting trend analyses
18.34and other studies necessary to evaluate the effectiveness of the program. Data retained
18.35beyond 24 months must be de-identified.
19.1(e) The board shall not retain data reported under subdivision 4 for a period longer
19.2than four years from the date the data was received.
19.3    Subd. 6. Access to reporting system data. (a) Except as indicated in this
19.4subdivision, the data submitted to the board under subdivision 4 is private data on
19.5individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
19.6    (b) Except as specified in subdivision 5, the following persons shall be considered
19.7permissible users and may access the data submitted under subdivision 4 in the same or
19.8similar manner, and for the same or similar purposes, as those persons who are authorized
19.9to access similar private data on individuals under federal and state law:
19.10    (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
19.11delegated the task of accessing the data, to the extent the information relates specifically to
19.12a current patient, to whom the prescriber is:
19.13    (i) prescribing or considering prescribing any controlled substance;
19.14    (ii) providing emergency medical treatment for which access to the data may be
19.15necessary; or
19.16    (iii) providing other medical treatment for which access to the data may be necessary
19.17and the patient has consented to access to the submitted data, and with the provision that
19.18the prescriber remains responsible for the use or misuse of data accessed by a delegated
19.19agent or employee;
19.20    (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
19.21delegated the task of accessing the data, to the extent the information relates specifically
19.22to a current patient to whom that dispenser is dispensing or considering dispensing any
19.23controlled substance and with the provision that the dispenser remains responsible for the
19.24use or misuse of data accessed by a delegated agent or employee;
19.25(3) a licensed pharmacist who is providing pharmaceutical care for which access
19.26to the data may be necessary to the extent that the information relates specifically to a
19.27current patient for whom the pharmacist is providing pharmaceutical care if the patient has
19.28consented to access to the submitted data;
19.29    (3) (4) an individual who is the recipient of a controlled substance prescription for
19.30which data was submitted under subdivision 4, or a guardian of the individual, parent or
19.31guardian of a minor, or health care agent of the individual acting under a health care
19.32directive under chapter 145C;
19.33    (4) (5) personnel of the board specifically assigned to conduct a bona fide
19.34investigation of a specific licensee;
20.1    (5) (6) personnel of the board engaged in the collection, review, and analysis
20.2 of controlled substance prescription information as part of the assigned duties and
20.3responsibilities under this section;
20.4    (6) (7) authorized personnel of a vendor under contract with the board state of
20.5Minnesota who are engaged in the design, implementation, operation, and maintenance of
20.6the electronic reporting system prescription monitoring program as part of the assigned
20.7duties and responsibilities of their employment, provided that access to data is limited to
20.8the minimum amount necessary to carry out such duties and responsibilities, and subject
20.9to the requirement of de-identification and time limit on retention of data specified in
20.10subdivision 5, paragraphs (d) and (e);
20.11    (7) (8) federal, state, and local law enforcement authorities acting pursuant to a
20.12valid search warrant;
20.13    (8) (9) personnel of the medical assistance program Minnesota health care programs
20.14assigned to use the data collected under this section to identify and manage recipients
20.15whose usage of controlled substances may warrant restriction to a single primary care
20.16physician provider, a single outpatient pharmacy, or and a single hospital; and
20.17(9) (10) personnel of the Department of Human Services assigned to access the
20.18data pursuant to paragraph (h); and
20.19(11) personnel of the health professionals services program established under section
20.20214.31, to the extent that the information relates specifically to an individual who is
20.21currently enrolled in and being monitored by the program, and the individual consents to
20.22access to that information. The health professionals services program personnel shall not
20.23provide this data to a health-related licensing board or the Emergency Medical Services
20.24Regulatory Board, except as permitted under section 214.33, subdivision 3.
20.25    For purposes of clause (3) (4), access by an individual includes persons in the
20.26definition of an individual under section 13.02.
20.27    (c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (3), (6),
20.28(7), (9), and (10) may directly accesses access the data electronically,. If the data is directly
20.29accessed electronically, the permissible user shall implement and maintain a comprehensive
20.30information security program that contains administrative, technical, and physical
20.31safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
20.32personal information obtained. The permissible user shall identify reasonably foreseeable
20.33internal and external risks to the security, confidentiality, and integrity of personal
20.34information that could result in the unauthorized disclosure, misuse, or other compromise
20.35of the information and assess the sufficiency of any safeguards in place to control the risks.
21.1    (d) The board shall not release data submitted under this section subdivision 4 unless
21.2it is provided with evidence, satisfactory to the board, that the person requesting the
21.3information is entitled to receive the data.
21.4    (e) The board shall not release the name of a prescriber without the written consent
21.5of the prescriber or a valid search warrant or court order. The board shall provide a
21.6mechanism for a prescriber to submit to the board a signed consent authorizing the release
21.7of the prescriber's name when data containing the prescriber's name is requested.
21.8    (f) (e) The board shall maintain a log of all persons who access the data for a period
21.9of at least three years and shall ensure that any permissible user complies with paragraph
21.10(c) prior to attaining direct access to the data.
21.11(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into
21.12pursuant to subdivision 2. A vendor shall not use data collected under this section for
21.13any purpose not specified in this section.
21.14(g) The board may participate in an interstate prescription monitoring program data
21.15exchange system provided that permissible users in other states have access to the data
21.16only as allowed under this section, and that section 13.05, subdivision 6, applies to any
21.17contract or memorandum of understanding that the board enters into under this paragraph.
21.18The board shall report to the chairs and ranking minority members of the senate and house
21.19of representatives committees with jurisdiction over health and human services policy and
21.20finance on the interstate prescription monitoring program by January 5, 2016.
21.21(h) With available appropriations, the commissioner of human services shall
21.22establish and implement a system through which the Department of Human Services shall
21.23routinely access the data for the purpose of determining whether any client enrolled in
21.24an opioid treatment program licensed according to chapter 245A has been prescribed or
21.25dispensed a controlled substance in addition to that administered or dispensed by the
21.26opioid treatment program. When the commissioner determines there have been multiple
21.27prescribers or multiple prescriptions of controlled substances, the commissioner shall:
21.28(1) inform the medical director of the opioid treatment program only that the
21.29commissioner determined the existence of multiple prescribers or multiple prescriptions of
21.30controlled substances; and
21.31(2) direct the medical director of the opioid treatment program to access the data
21.32directly, review the effect of the multiple prescribers or multiple prescriptions, and
21.33document the review.
21.34If determined necessary, the commissioner of human services shall seek a federal waiver
21.35of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
21.362.34 , item (c), prior to implementing this paragraph.
22.1(i) The board shall review the data submitted under subdivision 4 on at least a
22.2quarterly basis and shall establish criteria, in consultation with the advisory task force,
22.3for referring information about a patient to prescribers and dispensers who prescribed or
22.4dispensed the prescriptions in question if the criteria are met. The board shall report
22.5to the chairs and ranking minority members of the senate and house of representatives
22.6committees with jurisdiction over health and human services policy and finance on the
22.7criteria established under this paragraph and the review process by January 5, 2016. This
22.8paragraph expires August 1, 2016.
22.9    Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to
22.10the board as required under this section is subject to disciplinary action by the appropriate
22.11health-related licensing board.
22.12    (b) A prescriber or dispenser authorized to access the data who knowingly discloses
22.13the data in violation of state or federal laws relating to the privacy of health care data
22.14shall be subject to disciplinary action by the appropriate health-related licensing board,
22.15and appropriate civil penalties.
22.16    Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
22.17electronic reporting system to determine if the system is negatively impacting appropriate
22.18prescribing practices of controlled substances. The board may contract with a vendor to
22.19design and conduct the evaluation.
22.20    (b) The board shall submit the evaluation of the system to the legislature by July
22.2115, 2011.
22.22    Subd. 9. Immunity from liability; no requirement to obtain information. (a) A
22.23pharmacist, prescriber, or other dispenser making a report to the program in good faith
22.24under this section is immune from any civil, criminal, or administrative liability, which
22.25might otherwise be incurred or imposed as a result of the report, or on the basis that the
22.26pharmacist or prescriber did or did not seek or obtain or use information from the program.
22.27    (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
22.28to obtain information about a patient from the program, and the pharmacist, prescriber,
22.29or other dispenser, if acting in good faith, is immune from any civil, criminal, or
22.30administrative liability that might otherwise be incurred or imposed for requesting,
22.31receiving, or using information from the program.
22.32    Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit
22.33charitable foundations, the federal government, and other sources to fund the enhancement
22.34and ongoing operations of the prescription electronic reporting system monitoring
22.35program established under this section. Any funds received shall be appropriated to the
23.1board for this purpose. The board may not expend funds to enhance the program in a way
23.2that conflicts with this section without seeking approval from the legislature.
23.3(b) Notwithstanding any other section, the administrative services unit for the
23.4health-related licensing boards shall apportion between the Board of Medical Practice, the
23.5Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
23.6Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
23.7be paid through fees by each respective board. The amount apportioned to each board
23.8shall equal each board's share of the annual appropriation to the Board of Pharmacy
23.9from the state government special revenue fund for operating the prescription electronic
23.10reporting system monitoring program under this section. Each board's apportioned share
23.11shall be based on the number of prescribers or dispensers that each board identified in
23.12this paragraph licenses as a percentage of the total number of prescribers and dispensers
23.13licensed collectively by these boards. Each respective board may adjust the fees that the
23.14boards are required to collect to compensate for the amount apportioned to each board by
23.15the administrative services unit.

23.16    Sec. 4. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
23.17DATABASE.
23.18(a) The Board of Pharmacy, in collaboration with the Prescription Monitoring
23.19Program Advisory Task Force, shall study the program database and report to the chairs
23.20and ranking minority members of the senate health and human services policy and finance
23.21division and the house of representatives health and human services policy and finance
23.22committees by December 15, 2014, with recommendations on: (1) requiring the use of the
23.23prescription monitoring by prescribers when prescribing or considering prescribing, and
23.24pharmacists when dispensing or considering dispensing, a controlled substance as defined
23.25in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); (2) allowing for the
23.26use of the prescription monitoring program database to identify potentially inappropriate
23.27prescribing of controlled substances; and (3) encouraging access to appropriate treatment
23.28for prescription drug abuse through the prescription monitoring program.
23.29(b) The Board of Pharmacy, in collaboration with the prescription monitoring
23.30program advisory task force, shall conduct a study designed to assess the impact of the
23.31prescription monitoring program on the level of doctor-shopping activities and report
23.32to the chairs and ranking minority members of the senate and house of representatives
23.33committees and divisions with jurisdiction on health and human services policy and
23.34finance by December 15, 2016.

24.1ARTICLE 3
24.2CHEMICAL AND MENTAL HEALTH SERVICES

24.3    Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
24.4read:
24.5    Subd. 6a. Adult foster care homes serving people with mental illness;
24.6certification. (a) The commissioner of human services shall issue a mental health
24.7certification for adult foster care homes licensed under this chapter and Minnesota Rules,
24.8parts 9555.5105 to 9555.6265, or community residential settings licensed under chapter
24.9245D, that serve people with a primary diagnosis of mental illness where the home is not
24.10the primary residence of the license holder when a provider is determined to have met
24.11the requirements under paragraph (b). This certification is voluntary for license holders.
24.12The certification shall be printed on the license, and identified on the commissioner's
24.13public Web site.
24.14(b) The requirements for certification are:
24.15(1) all staff working in the adult foster care home or community residential setting
24.16 have received at least seven hours of annual training under paragraph (c) covering all
24.17of the following topics:
24.18(i) mental health diagnoses;
24.19(ii) mental health crisis response and de-escalation techniques;
24.20(iii) recovery from mental illness;
24.21(iv) treatment options including evidence-based practices;
24.22(v) medications and their side effects;
24.23(vi) suicide intervention, identifying suicide warning signs, and appropriate
24.24responses;
24.25(vii) co-occurring substance abuse and health conditions; and
24.26(vii) (viii) community resources;
24.27(2) a mental health professional, as defined in section 245.462, subdivision 18, or
24.28a mental health practitioner as defined in section 245.462, subdivision 17, are available
24.29for consultation and assistance;
24.30(3) there is a plan and protocol in place to address a mental health crisis; and
24.31(4) there is a crisis plan for each individual's Individual Placement Agreement
24.32 individual that identifies who is providing clinical services and their contact information,
24.33and includes an individual crisis prevention and management plan developed with the
24.34individual.
24.35(c) The training curriculum must be approved by the commissioner of human
24.36services and must include a testing component after training is completed. Training must
25.1be provided by a mental health professional or a mental health practitioner. Training may
25.2also be provided by an individual living with a mental illness or a family member of such
25.3an individual, who is from a nonprofit organization with a history of providing educational
25.4classes on mental illnesses approved by the Department of Human Services to deliver
25.5mental health training. Staff must receive three hours of training in the areas specified in
25.6paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The
25.7remaining hours of mandatory training, including a review of the information in paragraph
25.8(b), clause (1), item (ii), must be completed within six months of the hire date. For
25.9programs licensed under chapter 245D, training under this section may be incorporated
25.10into the 30 hours of staff orientation required under section 245D.09, subdivision 4.
25.11(c) (d) License holders seeking certification under this subdivision must request this
25.12certification on forms provided by the commissioner and must submit the request to the
25.13county licensing agency in which the home or community residential setting is located.
25.14The county licensing agency must forward the request to the commissioner with a county
25.15recommendation regarding whether the commissioner should issue the certification.
25.16(d) (e) Ongoing compliance with the certification requirements under paragraph (b)
25.17shall be reviewed by the county licensing agency at each licensing review. When a county
25.18licensing agency determines that the requirements of paragraph (b) are not met, the county
25.19shall inform the commissioner, and the commissioner will remove the certification.
25.20(e) (f) A denial of the certification or the removal of the certification based on a
25.21determination that the requirements under paragraph (b) have not been met by the adult
25.22foster care or community residential setting license holder are not subject to appeal. A
25.23license holder that has been denied a certification or that has had a certification removed
25.24may again request certification when the license holder is in compliance with the
25.25requirements of paragraph (b).

25.26    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
25.27245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
25.28(a) The commissioner of human services shall issue a mental health certification
25.29for services licensed under this chapter when a license holder is determined to have met
25.30the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification
25.31is voluntary for license holders. The certification shall be printed on the license and
25.32identified on the commissioner's public Web site.
25.33(b) The requirements for certification are:
25.34(1) all staff have received at least seven hours of annual training covering all of
25.35the following topics:
26.1(i) mental health diagnoses;
26.2(ii) mental health crisis response and de-escalation techniques;
26.3(iii) recovery from mental illness;
26.4(iv) treatment options, including evidence-based practices;
26.5(v) medications and their side effects;
26.6(vi) co-occurring substance abuse and health conditions; and
26.7(vii) community resources;
26.8(2) a mental health professional, as defined in section 245.462, subdivision 18, or a
26.9mental health practitioner as defined in section 245.462, subdivision 17, is available
26.10for consultation and assistance;
26.11(3) there is a plan and protocol in place to address a mental health crisis; and
26.12(4) each person's individual service and support plan identifies who is providing
26.13clinical services and their contact information, and includes an individual crisis prevention
26.14and management plan developed with the person.
26.15(c) License holders seeking certification under this section must request this
26.16certification on forms and in the manner prescribed by the commissioner.
26.17(d) (c) If the commissioner finds that the license holder has failed to comply with
26.18the certification requirements under section 245A.03, subdivision 6a, paragraph (b),
26.19the commissioner may issue a correction order and an order of conditional license in
26.20accordance with section 245A.06 or may issue a sanction in accordance with section
26.21245A.07 , including and up to removal of the certification.
26.22(e) (d) A denial of the certification or the removal of the certification based on a
26.23determination that the requirements under section 245A.03, subdivision 6a, paragraph
26.24(b) have not been met is not subject to appeal. A license holder that has been denied a
26.25certification or that has had a certification removed may again request certification when
26.26the license holder is in compliance with the requirements of section 245A.03, subdivision
26.276a, paragraph (b).

26.28    Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
26.29    Subd. 2. Administration without judicial review. Neuroleptic medications may be
26.30administered without judicial review in the following circumstances:
26.31(1) the patient has the capacity to make an informed decision under subdivision 4;
26.32(2) the patient does not have the present capacity to consent to the administration
26.33of neuroleptic medication, but prepared a health care directive under chapter 145C or a
26.34declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
26.35agent or proxy to request treatment, and the agent or proxy has requested the treatment;
27.1(3) the patient has been prescribed neuroleptic medication prior to admission to a
27.2treatment facility, but lacks the capacity to consent to the administration of that neuroleptic
27.3medication; continued administration of the medication is in the patient's best interest;
27.4and the patient does not refuse administration of the medication. In this situation, the
27.5previously prescribed neuroleptic medication may be continued for up to 14 days while
27.6the treating physician:
27.7(i) is obtaining a substitute decision-maker appointed by the court under subdivision
27.86; or
27.9(ii) is requesting an amendment to a current court order authorizing administration
27.10of neuroleptic medication;
27.11(4) a substitute decision-maker appointed by the court consents to the administration
27.12of the neuroleptic medication and the patient does not refuse administration of the
27.13medication; or
27.14(4) (5) the substitute decision-maker does not consent or the patient is refusing
27.15medication, and the patient is in an emergency situation.

27.16    Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
27.17amended to read:
27.18    Subd. 2. Membership terms, compensation, removal and expiration. The
27.19membership of this council shall be composed of 17 persons who are American Indians
27.20and who are appointed by the commissioner. The commissioner shall appoint one
27.21representative from each of the following groups: Red Lake Band of Chippewa Indians;
27.22Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
27.23Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
27.24Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
27.25Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
27.26Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
27.27Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
27.28and two representatives from the Minneapolis Urban Indian Community and two from the
27.29St. Paul Urban Indian Community. The terms, compensation, and removal of American
27.30Indian Advisory Council members shall be as provided in section 15.059. The council
27.31expires June 30, 2014 2018.
27.32EFFECTIVE DATE.This section is effective the day following final enactment.

27.33    Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
28.1254A.04 CITIZENS ADVISORY COUNCIL.
28.2There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
28.3advise the Department of Human Services concerning the problems of alcohol and
28.4other drug dependency and abuse, composed of ten members. Five members shall be
28.5individuals whose interests or training are in the field of alcohol dependency and abuse;
28.6and five members whose interests or training are in the field of dependency and abuse of
28.7drugs other than alcohol. The terms, compensation and removal of members shall be as
28.8provided in section 15.059. The council expires June 30, 2014 2018. The commissioner
28.9of human services shall appoint members whose terms end in even-numbered years. The
28.10commissioner of health shall appoint members whose terms end in odd-numbered years.
28.11EFFECTIVE DATE.This section is effective the day following final enactment.

28.12    Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
28.13to read:
28.14    Subd. 8. Culturally specific program. (a) "Culturally specific program" means a
28.15substance use disorder treatment service program that is recovery-focused and culturally
28.16specific when the program:
28.17(1) improves service quality to and outcomes of a specific population by advancing
28.18health equity to help eliminate health disparities; and
28.19(2) ensures effective, equitable, comprehensive, and respectful quality care services
28.20that are responsive to an individual within a specific population's values, beliefs and
28.21practices, health literacy, preferred language, and other communication needs.
28.22(b) A tribally licensed substance use disorder program that is designated as serving
28.23a culturally specific population by the applicable tribal government is deemed to satisfy
28.24this subdivision.

28.25    Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
28.26    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for
28.27chemical dependency services and service enhancements funded under this chapter.
28.28(b) Eligible chemical dependency treatment services include:
28.29(1) outpatient treatment services that are licensed according to Minnesota Rules,
28.30parts 9530.6405 to 9530.6480, or applicable tribal license;
28.31(2) medication-assisted therapy services that are licensed according to Minnesota
28.32Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
28.33(3) medication-assisted therapy plus enhanced treatment services that meet the
28.34requirements of clause (2) and provide nine hours of clinical services each week;
29.1(4) high, medium, and low intensity residential treatment services that are licensed
29.2according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
29.3tribal license which provide, respectively, 30, 15, and five hours of clinical services each
29.4week;
29.5(5) hospital-based treatment services that are licensed according to Minnesota Rules,
29.6parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
29.7sections 144.50 to 144.56;
29.8(6) adolescent treatment programs that are licensed as outpatient treatment programs
29.9according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
29.10programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
29.11(7) room and board facilities that meet the requirements of section 254B.05,
29.12subdivision 1a.
29.13(c) The commissioner shall establish higher rates for programs that meet the
29.14requirements of paragraph (b) and the following additional requirements:
29.15(1) programs that serve parents with their children if the program meets the
29.16additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child
29.17care that meets the requirements of section 245A.03, subdivision 2, during hours of
29.18treatment activity;
29.19(2) culturally specific programs serving special populations as defined in section
29.20254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part
29.219530.6605, subpart 13;
29.22(3) programs that offer medical services delivered by appropriately credentialed
29.23health care staff in an amount equal to two hours per client per week; and
29.24(4) programs that offer services to individuals with co-occurring mental health and
29.25chemical dependency problems if:
29.26(i) the program meets the co-occurring requirements in Minnesota Rules, part
29.279530.6495;
29.28(ii) 25 percent of the counseling staff are mental health professionals, as defined in
29.29section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
29.30under the supervision of a licensed alcohol and drug counselor supervisor and licensed
29.31mental health professional, except that no more than 50 percent of the mental health staff
29.32may be students or licensing candidates;
29.33(iii) clients scoring positive on a standardized mental health screen receive a mental
29.34health diagnostic assessment within ten days of admission;
29.35(iv) the program has standards for multidisciplinary case review that include a
29.36monthly review for each client;
30.1(v) family education is offered that addresses mental health and substance abuse
30.2disorders and the interaction between the two; and
30.3(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
30.4training annually.
30.5(d) Adolescent residential programs that meet the requirements of Minnesota Rules,
30.6parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause
30.7(4), items (i) to (iv).

30.8    Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
30.9amended to read:
30.10    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American
30.11Indian Child Welfare Advisory Council expires June 30, 2014 2018.
30.12EFFECTIVE DATE.This section is effective the day following final enactment.

30.13    Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
30.14    Subd. 3. Juvenile treatment screening team. (a) The responsible social services
30.15agency shall establish a juvenile treatment screening team to conduct screenings and
30.16prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision
30.173. Screenings shall be conducted within 15 days of a request for a screening, unless
30.18the screening is for the purpose of placement in mental health residential treatment
30.19and the child is enrolled in a prepaid health program under section 256B.69 in which
30.20case the screening shall be conducted within ten working days of a request. The team,
30.21which may be the team constituted under section 245.4885 or 256B.092 or Minnesota
30.22Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
30.23professionals, persons with expertise in the treatment of juveniles who are emotionally
30.24disabled, chemically dependent, or have a developmental disability, and the child's parent,
30.25guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201,
30.26subdivision 11
, or section 260C.515, subdivision 4. The team may be the same team as
30.27defined in section 260B.157, subdivision 3.
30.28(b) The social services agency shall determine whether a child brought to its
30.29attention for the purposes described in this section is an Indian child, as defined in section
30.30260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as
30.31defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
30.32the team provided in paragraph (a) shall include a designated representative of the Indian
30.33child's tribe, unless the child's tribal authority declines to appoint a representative. The
31.1Indian child's tribe may delegate its authority to represent the child to any other federally
31.2recognized Indian tribe, as defined in section 260.755, subdivision 12.
31.3(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
31.4(1) for the primary purpose of treatment for an emotional disturbance, a
31.5developmental disability, or chemical dependency in a residential treatment facility out
31.6of state or in one which is within the state and licensed by the commissioner of human
31.7services under chapter 245A; or
31.8(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
31.9postdispositional placement in a facility licensed by the commissioner of corrections or
31.10human services, the court shall ascertain whether the child is an Indian child and shall
31.11notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
31.12child's tribe. The county's juvenile treatment screening team must either: (i) screen and
31.13evaluate the child and file its recommendations with the court within 14 days of receipt
31.14of the notice; or (ii) elect not to screen a given case and notify the court of that decision
31.15within three working days.
31.16(d) The child may not be placed for the primary purpose of treatment for an
31.17emotional disturbance, a developmental disability, or chemical dependency, in a residential
31.18treatment facility out of state nor in a residential treatment facility within the state that is
31.19licensed under chapter 245A, unless one of the following conditions applies:
31.20(1) a treatment professional certifies that an emergency requires the placement
31.21of the child in a facility within the state;
31.22(2) the screening team has evaluated the child and recommended that a residential
31.23placement is necessary to meet the child's treatment needs and the safety needs of the
31.24community, that it is a cost-effective means of meeting the treatment needs, and that it
31.25will be of therapeutic value to the child; or
31.26(3) the court, having reviewed a screening team recommendation against placement,
31.27determines to the contrary that a residential placement is necessary. The court shall state
31.28the reasons for its determination in writing, on the record, and shall respond specifically
31.29to the findings and recommendation of the screening team in explaining why the
31.30recommendation was rejected. The attorney representing the child and the prosecuting
31.31attorney shall be afforded an opportunity to be heard on the matter.
31.32(e) When the county's juvenile treatment screening team has elected to screen and
31.33evaluate a child determined to be an Indian child, the team shall provide notice to the
31.34tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
31.35member of the tribe or as a person eligible for membership in the tribe, and permit the
31.36tribe's representative to participate in the screening team.
32.1(f) When the Indian child's tribe or tribal health care services provider or Indian
32.2Health Services provider proposes to place a child for the primary purpose of treatment
32.3for an emotional disturbance, a developmental disability, or co-occurring emotional
32.4disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
32.5the child's tribe shall submit necessary documentation to the county juvenile treatment
32.6screening team, which must invite the Indian child's tribe to designate a representative to
32.7the screening team.

32.8    Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO
32.9COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
32.10COMMITTED TO COMMISSIONER.
32.11The commissioner of human services may create a pilot program that is designed to
32.12respond to issues that were raised in the February 2013 Office of the Legislative Auditor
32.13report on state-operated services. The pilot program may include no more than three
32.14counties to test the efficacy of providing notice and information to the commissioner prior
32.15to or when a petition is filed to commit a patient exclusively to the commissioner. The
32.16commissioner shall provide a status update to the chairs and ranking minority members of
32.17the legislative committees with jurisdiction over civil commitment and human services
32.18issues, no later than January 15, 2015.

32.19ARTICLE 4
32.20HEALTH-RELATED LICENSING BOARDS

32.21    Section 1. Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read:
32.22    Subd. 6. Unlicensed complementary and alternative health care practitioner. (a)
32.23 "Unlicensed complementary and alternative health care practitioner" means a person who:
32.24(1) either:
32.25(i) is not licensed or registered by a health-related licensing board or the
32.26commissioner of health; or
32.27(ii) is licensed or registered by the commissioner of health or a health-related
32.28licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board
32.29of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself
32.30out to the public as being licensed or registered by the commissioner or a health-related
32.31licensing board when engaging in complementary and alternative health care;
32.32(2) has not had a license or registration issued by a health-related licensing board
32.33or the commissioner of health revoked or has not been disciplined in any manner at any
33.1time in the past, unless the right to engage in complementary and alternative health care
33.2practices has been established by order of the commissioner of health;
33.3(3) is engaging in complementary and alternative health care practices; and
33.4(4) is providing complementary and alternative health care services for remuneration
33.5or is holding oneself out to the public as a practitioner of complementary and alternative
33.6health care practices.
33.7(b) A health care practitioner licensed or registered by the commissioner or a
33.8health-related licensing board, who engages in complementary and alternative health care
33.9while practicing under the practitioner's license or registration, shall be regulated by and
33.10be under the jurisdiction of the applicable health-related licensing board with regard to
33.11the complementary and alternative health care practices.

33.12    Sec. 2. [146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH
33.13CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE
33.14PRACTITIONERS.
33.15(a) A health care practitioner licensed or registered by the commissioner or a
33.16health-related licensing board, who engages in complementary and alternative health care
33.17while practicing under the practitioner's license or registration, shall be regulated by and
33.18be under the jurisdiction of the applicable health-related licensing board with regard to
33.19the complementary and alternative health care practices.
33.20(b) A health care practitioner licensed or registered by the commissioner or a
33.21health-related licensing board shall not be subject to disciplinary action solely on the basis
33.22of utilizing complementary and alternative health care practices as defined in section
33.23146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for
33.24referring a patient to a complementary and alternative health care practitioner as defined in
33.25section 146A.01, subdivision 6.
33.26(c) A health care practitioner licensed or registered by the commissioner or a
33.27health-related licensing board who utilizes complementary and alternative health care
33.28practices must provide patients receiving these services with a written copy of the
33.29complementary and alternative health care client bill of rights pursuant to section 146A.11.
33.30(d) Nothing in this section shall be construed to prohibit or restrict the commissioner
33.31or a health-related licensing board from imposing disciplinary action for conduct that
33.32violates provisions of the applicable licensed or registered health care practitioner's
33.33practice act.

34.1    Sec. 3. Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is
34.2amended to read:
34.3    Subdivision 1. Scope. (a) All unlicensed complementary and alternative health
34.4care practitioners shall provide to each complementary and alternative health care
34.5client prior to providing treatment a written copy of the complementary and alternative
34.6health care client bill of rights. A copy must also be posted in a prominent location
34.7in the office of the unlicensed complementary and alternative health care practitioner.
34.8Reasonable accommodations shall be made for those clients who cannot read or who
34.9have communication disabilities and those who do not read or speak English. The
34.10complementary and alternative health care client bill of rights shall include the following:
34.11    (1) the name, complementary and alternative health care title, business address, and
34.12telephone number of the unlicensed complementary and alternative health care practitioner;
34.13    (2) the degrees, training, experience, or other qualifications of the practitioner
34.14regarding the complimentary and alternative health care being provided, followed by the
34.15following statement in bold print:
34.16    "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
34.17AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
34.18ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
34.19CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
34.20    Under Minnesota law, an unlicensed complementary and alternative health care
34.21practitioner may not provide a medical diagnosis or recommend discontinuance of
34.22medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
34.23chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
34.24osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
34.25trainer, or any other type of health care provider, the client may seek such services at
34.26any time.";
34.27    (3) the name, business address, and telephone number of the practitioner's
34.28supervisor, if any;
34.29    (4) notice that a complementary and alternative health care client has the right to file a
34.30complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
34.31    (5) the name, address, and telephone number of the office of unlicensed
34.32complementary and alternative health care practice and notice that a client may file
34.33complaints with the office;
34.34    (6) the practitioner's fees per unit of service, the practitioner's method of billing
34.35for such fees, the names of any insurance companies that have agreed to reimburse the
34.36practitioner, or health maintenance organizations with whom the practitioner contracts to
35.1provide service, whether the practitioner accepts Medicare, medical assistance, or general
35.2assistance medical care, and whether the practitioner is willing to accept partial payment,
35.3or to waive payment, and in what circumstances;
35.4    (7) a statement that the client has a right to reasonable notice of changes in services
35.5or charges;
35.6    (8) a brief summary, in plain language, of the theoretical approach used by the
35.7practitioner in providing services to clients;
35.8    (9) notice that the client has a right to complete and current information concerning
35.9the practitioner's assessment and recommended service that is to be provided, including
35.10the expected duration of the service to be provided;
35.11    (10) a statement that clients may expect courteous treatment and to be free from
35.12verbal, physical, or sexual abuse by the practitioner;
35.13    (11) a statement that client records and transactions with the practitioner are
35.14confidential, unless release of these records is authorized in writing by the client, or
35.15otherwise provided by law;
35.16    (12) a statement of the client's right to be allowed access to records and written
35.17information from records in accordance with sections 144.291 to 144.298;
35.18    (13) a statement that other services may be available in the community, including
35.19where information concerning services is available;
35.20    (14) a statement that the client has the right to choose freely among available
35.21practitioners and to change practitioners after services have begun, within the limits of
35.22health insurance, medical assistance, or other health programs;
35.23    (15) a statement that the client has a right to coordinated transfer when there will
35.24be a change in the provider of services;
35.25    (16) a statement that the client may refuse services or treatment, unless otherwise
35.26provided by law; and
35.27    (17) a statement that the client may assert the client's rights without retaliation.
35.28    (b) This section does not apply to an unlicensed complementary and alternative
35.29health care practitioner who is employed by or is a volunteer in a hospital or hospice who
35.30provides services to a client in a hospital or under an appropriate hospice plan of care.
35.31Patients receiving complementary and alternative health care services in an inpatient
35.32hospital or under an appropriate hospice plan of care shall have and be made aware of
35.33the right to file a complaint with the hospital or hospice provider through which the
35.34practitioner is employed or registered as a volunteer.
35.35(c) This section does not apply to a health care practitioner licensed or registered by
35.36the commissioner of health or a health-related licensing board who utilizes complementary
36.1and alternative health care practices within the scope of practice of the health care
36.2practitioner's professional license.

36.3    Sec. 4. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
36.4    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10:
36.5    (1) "chiropractic" is defined as the science of adjusting any abnormal articulations
36.6of the human body, especially those of the spinal column, for the purpose of giving
36.7freedom of action to impinged nerves that may cause pain or deranged function; and
36.8 means the health care discipline that recognizes the innate recuperative power of the body
36.9to heal itself without the use of drugs or surgery by identifying and caring for vertebral
36.10subluxations and other abnormal articulations by emphasizing the relationship between
36.11structure and function as coordinated by the nervous system and how that relationship
36.12affects the preservation and restoration of health;
36.13    (2) "chiropractic services" means the evaluation and facilitation of structural,
36.14biomechanical, and neurological function and integrity through the use of adjustment,
36.15manipulation, mobilization, or other procedures accomplished by manual or mechanical
36.16forces applied to bones or joints and their related soft tissues for correction of vertebral
36.17subluxation, other abnormal articulations, neurological disturbances, structural alterations,
36.18or biomechanical alterations, and includes, but is not limited to, manual therapy and
36.19mechanical therapy as defined in section 146.23;
36.20    (3) "abnormal articulation" means the condition of opposing bony joint surfaces and
36.21their related soft tissues that do not function normally, including subluxation, fixation,
36.22adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
36.23disturbances within the nervous system, results in postural alteration, inhibits motion,
36.24allows excessive motion, alters direction of motion, or results in loss of axial loading
36.25efficiency, or a combination of these;
36.26    (4) "diagnosis" means the physical, clinical, and laboratory examination of the
36.27patient, and the use of diagnostic services for diagnostic purposes within the scope of the
36.28practice of chiropractic described in sections 148.01 to 148.10;
36.29    (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
36.30measures, including diagnostic imaging that may be necessary to determine the presence
36.31or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for
36.32evaluation of a health concern, diagnosis, differential diagnosis, treatment, further
36.33examination, or referral;
36.34    (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
36.35Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
37.1sciences and procedures for which the licensee was subject to examination under section
37.2148.06. When provided, therapeutic services must be performed within a practice
37.3where the primary focus is the provision of chiropractic services, to prepare the patient
37.4for chiropractic services, or to complement the provision of chiropractic services. The
37.5administration of therapeutic services is the responsibility of the treating chiropractor and
37.6must be rendered under the direct supervision of qualified staff;
37.7    (7) "acupuncture" means a modality of treating abnormal physical conditions
37.8by stimulating various points of the body or interruption of the cutaneous integrity
37.9by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
37.10utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
37.11independent therapy or separately from chiropractic services. Acupuncture is permitted
37.12under section 148.01 only after registration with the board which requires completion
37.13of a board-approved course of study and successful completion of a board-approved
37.14national examination on acupuncture. Renewal of registration shall require completion of
37.15board-approved continuing education requirements in acupuncture. The restrictions of
37.16section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
37.17under this section; and
37.18    (2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes
37.19identifying and resolving vertebral subluxation complexes, spinal manipulation, and
37.20manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
37.21diagnosis and treatment does not include:
37.22    (i) performing surgery;
37.23    (ii) dispensing or administering of medications; or
37.24    (iii) performing traditional veterinary care and diagnosis.

37.25    Sec. 5. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
37.26    Subd. 2. Exclusions. The practice of chiropractic is not the practice of medicine,
37.27surgery, or osteopathy, or physical therapy.

37.28    Sec. 6. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
37.29to read:
37.30    Subd. 4. Practice of chiropractic. An individual licensed to practice under section
37.31148.06 is authorized to perform chiropractic services, acupuncture, and therapeutic
37.32services, and to provide diagnosis and to render opinions pertaining to those services for
37.33the purpose of determining a course of action in the best interests of the patient, such as a
37.34treatment plan, appropriate referral, or both.

38.1    Sec. 7. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
38.2    Subdivision 1. Generally. Any person who practices, or attempts to practice,
38.3chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
38.4"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
38.5the public to believe that the person who so uses the terms is engaged in the practice of
38.6chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
38.7guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
38.8than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
38.9six months or punished by both fine and imprisonment, in the discretion of the court. It is
38.10the duty of the county attorney of the county in which the person practices to prosecute.
38.11Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
38.12(1) licensed by a health-related licensing board, as defined in section 214.01,
38.13subdivision 2
, including psychological practitioners with respect to the use of hypnosis;
38.14(2) registered or licensed by the commissioner of health under section 214.13; or
38.15(3) engaged in other methods of healing regulated by law in the state of Minnesota;
38.16provided that the person confines activities within the scope of the license or other
38.17regulation and does not practice or attempt to practice chiropractic.

38.18    Sec. 8. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision
38.19to read:
38.20    Subd. 1a. Conviction of a felony-level criminal sexual offense. (a) Except as
38.21provided in paragraph (e), the board may not grant or renew a license to practice nursing
38.22to any person who has been convicted on or after August 1, 2014, of any of the provisions
38.23of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1,
38.24paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (c) to (o), or a similar statute
38.25in another jurisdiction.
38.26(b) A license to practice nursing is automatically revoked if the licensee is convicted
38.27of an offense listed in paragraph (a).
38.28(c) A license to practice nursing that has been denied or revoked under this
38.29subdivision is not subject to chapter 364.
38.30(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
38.31guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
38.32execution of the sentence and final disposition of the case is accomplished at a nonfelony
38.33level.
38.34(e) The board may establish criteria whereby an individual convicted of an offense
38.35listed in paragraph (a) may become licensed provided that the criteria:
39.1(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
39.2(2) provide a standard for overcoming the presumption; and
39.3(3) require that a minimum of ten years has elapsed since the applicant's sentence
39.4was discharged.
39.5The board shall not consider an application under this paragraph if the board
39.6determines that the victim involved in the offense was a patient or a client of the applicant
39.7at the time of the offense.

39.8    Sec. 9. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:
39.9    Subd. 4. Evidence. In disciplinary actions alleging a violation of subdivision 1,
39.10clause (3) or (4), or subdivision 1a, a copy of the judgment or proceeding under the seal
39.11of the court administrator or of the administrative agency that entered the same shall be
39.12admissible into evidence without further authentication and shall constitute prima facie
39.13evidence of the violation concerned.

39.14    Sec. 10. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
39.15    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities
39.16that use the properties of light, water, temperature, sound, or electricity to produce a
39.17response in soft tissue. The physical agent modalities referred to in sections 148.6404
39.18 and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
39.19and ultrasound.
39.20EFFECTIVE DATE.This section is effective the day following final enactment.

39.21    Sec. 11. Minnesota Statutes 2012, section 148.6404, is amended to read:
39.22148.6404 SCOPE OF PRACTICE.
39.23The practice of occupational therapy by an occupational therapist or occupational
39.24therapy assistant includes, but is not limited to, intervention directed toward:
39.25(1) assessment and evaluation, including the use of skilled observation or
39.26the administration and interpretation of standardized or nonstandardized tests and
39.27measurements, to identify areas for occupational therapy services;
39.28(2) providing for the development of sensory integrative, neuromuscular, or motor
39.29components of performance;
39.30(3) providing for the development of emotional, motivational, cognitive, or
39.31psychosocial components of performance;
39.32(4) developing daily living skills;
40.1(5) developing feeding and swallowing skills;
40.2(6) developing play skills and leisure capacities;
40.3(7) enhancing educational performance skills;
40.4(8) enhancing functional performance and work readiness through exercise, range of
40.5motion, and use of ergonomic principles;
40.6(9) designing, fabricating, or applying rehabilitative technology, such as selected
40.7orthotic and prosthetic devices, and providing training in the functional use of these devices;
40.8(10) designing, fabricating, or adapting assistive technology and providing training
40.9in the functional use of assistive devices;
40.10(11) adapting environments using assistive technology such as environmental
40.11controls, wheelchair modifications, and positioning;
40.12(12) employing physical agent modalities, in preparation for or as an adjunct to
40.13purposeful activity, within the same treatment session or to meet established functional
40.14occupational therapy goals, consistent with the requirements of section 148.6440; and
40.15(13) promoting health and wellness.
40.16EFFECTIVE DATE.This section is effective the day following final enactment.

40.17    Sec. 12. Minnesota Statutes 2012, section 148.6430, is amended to read:
40.18148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
40.19The occupational therapist is responsible for all duties delegated to the occupational
40.20therapy assistant or tasks assigned to direct service personnel. The occupational therapist
40.21may delegate to an occupational therapy assistant those portions of a client's evaluation,
40.22reevaluation, and treatment that, according to prevailing practice standards of the
40.23American Occupational Therapy Association, can be performed by an occupational
40.24therapy assistant. The occupational therapist may not delegate portions of an evaluation or
40.25reevaluation of a person whose condition is changing rapidly. Delegation of duties related
40.26to use of physical agent modalities to occupational therapy assistants is governed by
40.27section 148.6440, subdivision 6.
40.28EFFECTIVE DATE.This section is effective the day following final enactment.

40.29    Sec. 13. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
40.30    Subdivision 1. Applicability. If the professional standards identified in section
40.31148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
40.32treatment procedure, the occupational therapist must provide supervision consistent
41.1with this section. Supervision of occupational therapy assistants using physical agent
41.2modalities is governed by section 148.6440, subdivision 6.
41.3EFFECTIVE DATE.This section is effective the day following final enactment.

41.4    Sec. 14. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
41.5    Subd. 3. Approved education program. "Approved education program" means
41.6a university, college, or other postsecondary education program of athletic training
41.7that, at the time the student completes the program, is approved or accredited by the
41.8National Athletic Trainers Association Professional Education Committee, the National
41.9Athletic Trainers Association Board of Certification, or the Joint Review Committee on
41.10Educational Programs in Athletic Training in collaboration with the American Academy
41.11of Family Physicians, the American Academy of Pediatrics, the American Medical
41.12Association, and the National Athletic Trainers Association a nationally recognized
41.13accreditation agency for athletic training education programs approved by the board.

41.14    Sec. 15. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
41.15    Subd. 9. Credentialing examination. "Credentialing examination" means an
41.16examination administered by the National Athletic Trainers Association Board of
41.17Certification, or the board's recognized successor, for credentialing as an athletic trainer,
41.18or an examination for credentialing offered by a national testing service that is approved
41.19by the board.

41.20    Sec. 16. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
41.21    Subdivision 1. Designation. A person shall not use in connection with the person's
41.22name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
41.23registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations,
41.24or insignia indicating or implying that the person is an athletic trainer, without a certificate
41.25of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
41.26attending a college or university athletic training program must be identified as a "student
41.27athletic trainer." an "athletic training student."

41.28    Sec. 17. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
41.29    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council
41.30is created and is composed of eight members appointed by the board. The advisory
41.31council consists of:
41.32(1) two public members as defined in section 214.02;
42.1(2) three members who, except for initial appointees, are registered athletic trainers,
42.2one being both a licensed physical therapist and registered athletic trainer as submitted by
42.3the Minnesota American Physical Therapy Association;
42.4(3) two members who are medical physicians licensed by the state and have
42.5experience with athletic training and sports medicine; and
42.6(4) one member who is a doctor of chiropractic licensed by the state and has
42.7experience with athletic training and sports injuries.

42.8    Sec. 18. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
42.9    Subdivision 1. Registration. The board may issue a certificate of registration as an
42.10athletic trainer to applicants who meet the requirements under this section. An applicant
42.11for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
42.12written application on a form, provided by the board, that includes:
42.13(1) the applicant's name, Social Security number, home address and telephone
42.14number, business address and telephone number, and business setting;
42.15(2) evidence satisfactory to the board of the successful completion of an education
42.16program approved by the board;
42.17(3) educational background;
42.18(4) proof of a baccalaureate or master's degree from an accredited college or
42.19university;
42.20(5) credentials held in other jurisdictions;
42.21(6) a description of any other jurisdiction's refusal to credential the applicant;
42.22(7) a description of all professional disciplinary actions initiated against the applicant
42.23in any other jurisdiction;
42.24(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
42.25(9) evidence satisfactory to the board of a qualifying score on a credentialing
42.26examination within one year of the application for registration;
42.27(10) additional information as requested by the board;
42.28(11) the applicant's signature on a statement that the information in the application is
42.29true and correct to the best of the applicant's knowledge and belief; and
42.30(12) the applicant's signature on a waiver authorizing the board to obtain access to
42.31the applicant's records in this state or any other state in which the applicant has completed
42.32an education program approved by the board or engaged in the practice of athletic training.

42.33    Sec. 19. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
43.1    Subd. 4. Temporary registration. (a) The board may issue a temporary registration
43.2as an athletic trainer to qualified applicants. A temporary registration is issued for
43.3one year 120 days. An athletic trainer with a temporary registration may qualify for
43.4full registration after submission of verified documentation that the athletic trainer has
43.5achieved a qualifying score on a credentialing examination within one year 120 days after
43.6the date of the temporary registration. A temporary registration may not be renewed.
43.7(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
43.8a temporary registration must submit the application materials and fees for registration
43.9required under subdivision 1, clauses (1) to (8) and (10) to (12).
43.10(c) An athletic trainer with a temporary registration shall work only under the
43.11direct supervision of an athletic trainer registered under this section. No more than four
43.12 two athletic trainers with temporary registrations shall work under the direction of a
43.13registered athletic trainer.

43.14    Sec. 20. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
43.15    Subd. 2. Approved programs. The board shall approve a continuing education
43.16program that has been approved for continuing education credit by the National Athletic
43.17Trainers Association Board of Certification, or the board's recognized successor.

43.18    Sec. 21. Minnesota Statutes 2012, section 148.7813, is amended by adding a
43.19subdivision to read:
43.20    Subd. 5. Discipline; reporting. For the purposes of this chapter, registered athletic
43.21trainers and applicants are subject to sections 147.091 to 147.162.

43.22    Sec. 22. Minnesota Statutes 2012, section 148.7814, is amended to read:
43.23148.7814 APPLICABILITY.
43.24Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
43.25trainers by the National Athletic Trainers Association Board of Certification or the board's
43.26recognized successor and come into Minnesota for a specific athletic event or series of
43.27athletic events with an individual or group.

43.28    Sec. 23. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
43.29    Subd. 2. Certified doula. "Certified doula" means an individual who has received
43.30a certification to perform doula services from the International Childbirth Education
43.31Association, the Doulas of North America (DONA), the Association of Labor Assistants
43.32and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum
44.1Professional Association (CAPPA), Childbirth International, or the International Center
44.2for Traditional Childbearing, or Commonsense Childbirth, Inc.

44.3    Sec. 24. Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read:
44.4    Subd. 2. Qualifications. The commissioner shall include on the registry any
44.5individual who:
44.6    (1) submits an application on a form provided by the commissioner. The form must
44.7include the applicant's name, address, and contact information;
44.8    (2) maintains a current certification from one of the organizations listed in section
44.9146B.01, subdivision 2 148.995, subdivision 2; and
44.10    (3) pays the fees required under section 148.997.

44.11    Sec. 25. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
44.12    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
44.134,000 hours of post-master's degree supervised professional practice in the delivery
44.14of clinical services in the diagnosis and treatment of mental illnesses and disorders in
44.15both children and adults. The supervised practice shall be conducted according to the
44.16requirements in paragraphs (b) to (e).
44.17    (b) The supervision must have been received under a contract that defines clinical
44.18practice and supervision from a mental health professional as defined in section 245.462,
44.19subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
44.20board-approved supervisor, who has at least two years of postlicensure experience in the
44.21delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
44.22 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
44.23    (c) The supervision must be obtained at the rate of two hours of supervision per 40
44.24hours of professional practice. The supervision must be evenly distributed over the course
44.25of the supervised professional practice. At least 75 percent of the required supervision
44.26hours must be received in person. The remaining 25 percent of the required hours may be
44.27received by telephone or by audio or audiovisual electronic device. At least 50 percent of
44.28the required hours of supervision must be received on an individual basis. The remaining
44.2950 percent may be received in a group setting.
44.30    (d) The supervised practice must include at least 1,800 hours of clinical client contact.
44.31    (e) The supervised practice must be clinical practice. Supervision includes the
44.32observation by the supervisor of the successful application of professional counseling
44.33knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
45.1function, disability, or impairment, including addictions and emotional, mental, and
45.2behavioral disorders.

45.3    Sec. 26. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
45.4    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
45.52014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
45.6professional counselor may convert to a LPCC by providing evidence satisfactory to the
45.7board that the applicant has met the requirements of subdivisions 1 and 2, subject to
45.8the following:
45.9    (1) the individual's license must be active and in good standing;
45.10    (2) the individual must not have any complaints pending, uncompleted disciplinary
45.11orders, or corrective action agreements; and
45.12    (3) the individual has paid the LPCC application and licensure fees required in
45.13section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed
45.14in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
45.15providing evidence satisfactory to the board that the applicant has met the following
45.16requirements:
45.17    (1) is at least 18 years of age;
45.18    (2) is of good moral character;
45.19    (3) has a license that is active and in good standing;
45.20    (4) has no complaints pending, uncompleted disciplinary order, or corrective action
45.21agreements;
45.22    (5) has completed a master's or doctoral degree program in counseling or a related
45.23field, as determined by the board, and whose degree was from a counseling program
45.24recognized by CACREP or from an institution of higher education that is accredited by a
45.25regional accrediting organization recognized by CHEA;
45.26    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
45.27clinical coursework which includes content in the following clinical areas:
45.28    (i) diagnostic assessment for child or adult mental disorders; normative development;
45.29and psychopathology, including developmental psychopathology;
45.30    (ii) clinical treatment planning with measurable goals;
45.31    (iii) clinical intervention methods informed by research evidence and community
45.32standards of practice;
45.33    (iv) evaluation methodologies regarding the effectiveness of interventions;
45.34    (v) professional ethics applied to clinical practice; and
45.35    (vi) cultural diversity;
46.1    (7) has demonstrated competence in professional counseling by passing the National
46.2Clinical Mental Health Counseling Examination (NCMHCE), administered by the
46.3National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
46.4examinations as prescribed by the board;
46.5    (8) has demonstrated, to the satisfaction of the board, successful completion of 4,000
46.6hours of supervised, post-master's degree professional practice in the delivery of clinical
46.7services in the diagnosis and treatment of child and adult mental illnesses and disorders,
46.8which includes 1,800 direct client contact hours. A licensed professional counselor
46.9who has completed 2,000 hours of supervised post-master's degree clinical professional
46.10practice and who has independent practice status need only document 2,000 additional
46.11hours of supervised post-master's degree clinical professional practice, which includes 900
46.12direct client contact hours; and
46.13    (9) has paid the LPCC application and licensure fees required in section 148B.53,
46.14subdivision 3.
46.15    (b) If the coursework in paragraph (a) was not completed as part of the degree
46.16program required by paragraph (a), clause (5), the coursework must be taken and passed
46.17for credit, and must be earned from a counseling program or institution that meets the
46.18requirements in paragraph (a), clause (5).

46.19    Sec. 27. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
46.20    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
46.21practice dentistry as an enrolled graduate student or student of an advanced education
46.22program accredited by the American Dental Association Commission on Dental
46.23Accreditation.

46.24    Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
46.25    Subdivision 1. Dentists. A person of good moral character who has graduated from
46.26a dental program accredited by the Commission on Dental Accreditation of the American
46.27Dental Association, having submitted an application and fee as prescribed by the board,
46.28may be examined by the board or by an agency pursuant to section 150A.03, subdivision
46.291
, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
46.30college in another country must not be disqualified from examination solely because of
46.31the applicant's foreign training if the board determines that the training is equivalent to or
46.32higher than that provided by a dental college accredited by the Commission on Dental
46.33Accreditation of the American Dental Association. In the case of examinations conducted
46.34pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
47.1applying to the board for licensure. The examination shall include an examination of the
47.2applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
47.3board. An applicant is ineligible to retake the clinical examination required by the board
47.4after failing it twice until further education and training are obtained as specified by the
47.5board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
47.6An applicant who passes the examination in compliance with subdivision 2b, abides by
47.7professional ethical conduct requirements, and meets all other requirements of the board
47.8shall be licensed to practice dentistry and granted a general dentist license by the board.

47.9    Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
47.10    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
47.11licensed in order to practice dentistry as defined in section 150A.05. The board may
47.12issue to members of the faculty of a school of dentistry a license designated as either a
47.13"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
47.14within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
47.15program directors of a Minnesota dental hygiene or dental assisting school accredited by
47.16the Commission on Dental Accreditation of the American Dental Association shall certify
47.17to the board those members of the school's faculty who practice dentistry but are not
47.18licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
47.19defined in section 150A.05, before beginning duties in a school of dentistry or a dental
47.20hygiene or dental assisting school, shall apply to the board for a limited or full faculty
47.21license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
47.22a limited faculty license must be renewed annually and a full faculty license must be
47.23renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
47.24for issuing and renewing the faculty license. The faculty license is valid during the time
47.25the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
47.26dental assisting school and subjects the holder to this chapter.
47.27(b) The board may issue to dentist members of the faculty of a Minnesota school
47.28of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
47.29Accreditation of the American Dental Association, a license designated as a limited
47.30faculty license entitling the holder to practice dentistry within the school and its affiliated
47.31teaching facilities, but only for the purposes of teaching or conducting research. The
47.32practice of dentistry at a school facility for purposes other than teaching or research is not
47.33allowed unless the dentist was a faculty member on August 1, 1993.
47.34(c) The board may issue to dentist members of the faculty of a Minnesota school
47.35of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
48.1Accreditation of the American Dental Association a license designated as a full faculty
48.2license entitling the holder to practice dentistry within the school and its affiliated teaching
48.3facilities and elsewhere if the holder of the license is employed 50 percent time or more by
48.4the school in the practice of teaching or research, and upon successful review by the board
48.5of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
48.6The board, at its discretion, may waive specific licensing prerequisites.

48.7    Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
48.8    Subd. 1c. Specialty dentists. (a) The board may grant a one or more specialty
48.9license licenses in the specialty areas of dentistry that are recognized by the American
48.10Dental Association Commission on Dental Accreditation.
48.11(b) An applicant for a specialty license shall:
48.12(1) have successfully completed a postdoctoral specialty education program
48.13accredited by the Commission on Dental Accreditation of the American Dental
48.14Association, or have announced a limitation of practice before 1967;
48.15(2) have been certified by a specialty examining board approved by the Minnesota
48.16Board of Dentistry, or provide evidence of having passed a clinical examination for
48.17licensure required for practice in any state or Canadian province, or in the case of oral and
48.18maxillofacial surgeons only, have a Minnesota medical license in good standing;
48.19(3) have been in active practice or a postdoctoral specialty education program or
48.20United States government service at least 2,000 hours in the 36 months prior to applying
48.21for a specialty license;
48.22(4) if requested by the board, be interviewed by a committee of the board, which
48.23may include the assistance of specialists in the evaluation process, and satisfactorily
48.24respond to questions designed to determine the applicant's knowledge of dental subjects
48.25and ability to practice;
48.26(5) if requested by the board, present complete records on a sample of patients
48.27treated by the applicant. The sample must be drawn from patients treated by the applicant
48.28during the 36 months preceding the date of application. The number of records shall be
48.29established by the board. The records shall be reasonably representative of the treatment
48.30typically provided by the applicant for each specialty area;
48.31(6) at board discretion, pass a board-approved English proficiency test if English is
48.32not the applicant's primary language;
48.33(7) pass all components of the National Board Dental Examinations;
48.34(8) pass the Minnesota Board of Dentistry jurisprudence examination;
48.35(9) abide by professional ethical conduct requirements; and
49.1(10) meet all other requirements prescribed by the Board of Dentistry.
49.2(c) The application must include:
49.3(1) a completed application furnished by the board;
49.4(2) at least two character references from two different dentists for each specialty
49.5area, one of whom must be a dentist practicing in the same specialty area, and the other
49.6 from the director of the each specialty program attended;
49.7(3) a licensed physician's statement attesting to the applicant's physical and mental
49.8condition;
49.9(4) a statement from a licensed ophthalmologist or optometrist attesting to the
49.10applicant's visual acuity;
49.11(5) a nonrefundable fee; and
49.12(6) a notarized, unmounted passport-type photograph, three inches by three inches,
49.13taken not more than six months before the date of application.
49.14(d) A specialty dentist holding a one or more specialty license licenses is limited to
49.15practicing in the dentist's designated specialty area or areas. The scope of practice must be
49.16defined by each national specialty board recognized by the American Dental Association
49.17 Commission on Dental Accreditation.
49.18(e) A specialty dentist holding a general dentist dental license is limited to practicing
49.19in the dentist's designated specialty area or areas if the dentist has announced a limitation
49.20of practice. The scope of practice must be defined by each national specialty board
49.21recognized by the American Dental Association Commission on Dental Accreditation.
49.22(f) All specialty dentists who have fulfilled the specialty dentist requirements and
49.23who intend to limit their practice to a particular specialty area or areas may apply for
49.24a one or more specialty license licenses.

49.25    Sec. 31. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
49.26    Subd. 1d. Dental therapists. A person of good moral character who has graduated
49.27with a baccalaureate degree or a master's degree from a dental therapy education program
49.28that has been approved by the board or accredited by the American Dental Association
49.29 Commission on Dental Accreditation or another board-approved national accreditation
49.30organization may apply for licensure.
49.31The applicant must submit an application and fee as prescribed by the board and a
49.32diploma or certificate from a dental therapy education program. Prior to being licensed,
49.33the applicant must pass a comprehensive, competency-based clinical examination that is
49.34approved by the board and administered independently of an institution providing dental
49.35therapy education. The applicant must also pass an examination testing the applicant's
50.1knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
50.2applicant who has failed the clinical examination twice is ineligible to retake the clinical
50.3examination until further education and training are obtained as specified by the board. A
50.4separate, nonrefundable fee may be charged for each time a person applies. An applicant
50.5who passes the examination in compliance with subdivision 2b, abides by professional
50.6ethical conduct requirements, and meets all the other requirements of the board shall
50.7be licensed as a dental therapist.

50.8    Sec. 32. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
50.9    Subd. 2. Dental hygienists. A person of good moral character, who has graduated
50.10from a dental hygiene program accredited by the Commission on Dental Accreditation of
50.11the American Dental Association and established in an institution accredited by an agency
50.12recognized by the United States Department of Education to offer college-level programs,
50.13may apply for licensure. The dental hygiene program must provide a minimum of two
50.14academic years of dental hygiene education. The applicant must submit an application and
50.15fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
50.16licensed, the applicant must pass the National Board of Dental Hygiene examination and a
50.17board approved examination designed to determine the applicant's clinical competency. In
50.18the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
50.19shall take the examination before applying to the board for licensure. The applicant must
50.20also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
50.21to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
50.22the clinical examination required by the board after failing it twice until further education
50.23and training are obtained as specified by board rule. A separate, nonrefundable fee may
50.24be charged for each time a person applies. An applicant who passes the examination in
50.25compliance with subdivision 2b, abides by professional ethical conduct requirements, and
50.26meets all the other requirements of the board shall be licensed as a dental hygienist.

50.27    Sec. 33. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
50.28    Subd. 2a. Licensed dental assistant. A person of good moral character, who has
50.29graduated from a dental assisting program accredited by the Commission on Dental
50.30Accreditation of the American Dental Association, may apply for licensure. The applicant
50.31must submit an application and fee as prescribed by the board and the diploma or
50.32certificate of dental assisting. In the case of examinations conducted pursuant to section
50.33150A.03, subdivision 1 , applicants shall take the examination before applying to the board
50.34for licensure. The examination shall include an examination of the applicant's knowledge
51.1of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
51.2ineligible to retake the licensure examination required by the board after failing it twice
51.3until further education and training are obtained as specified by board rule. A separate,
51.4nonrefundable fee may be charged for each time a person applies. An applicant who
51.5passes the examination in compliance with subdivision 2b, abides by professional ethical
51.6conduct requirements, and meets all the other requirements of the board shall be licensed
51.7as a dental assistant.

51.8    Sec. 34. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
51.9    Subd. 2d. Continuing education and professional development waiver. (a) The
51.10board shall grant a waiver to the continuing education requirements under this chapter for
51.11a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
51.12assistant who documents to the satisfaction of the board that the dentist, dental therapist,
51.13dental hygienist, or licensed dental assistant has retired from active practice in the state
51.14and limits the provision of dental care services to those offered without compensation
51.15in a public health, community, or tribal clinic or a nonprofit organization that provides
51.16services to the indigent or to recipients of medical assistance, general assistance medical
51.17care, or MinnesotaCare programs.
51.18(b) The board may require written documentation from the volunteer and retired
51.19dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
51.20this waiver.
51.21(c) The board shall require the volunteer and retired dentist, dental therapist, dental
51.22hygienist, or licensed dental assistant to meet the following requirements:
51.23(1) a licensee seeking a waiver under this subdivision must complete and document
51.24at least five hours of approved courses in infection control, medical emergencies, and
51.25medical management for the continuing education cycle; and
51.26(2) provide documentation of current CPR certification from completion of the
51.27American Heart Association healthcare provider course, or the American Red Cross
51.28professional rescuer course, or an equivalent entity.

51.29    Sec. 35. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
51.30    Subd. 3. Waiver of examination. (a) All or any part of the examination for
51.31dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
51.32dentistry and the rules of the board, may, at the discretion of the board, be waived for an
51.33applicant who presents a certificate of having passed all components of the National Board
51.34Dental Examinations or evidence of having maintained an adequate scholastic standing
52.1as determined by the board, in dental school as to dentists, or dental hygiene school as
52.2to dental hygienists.
52.3(b) The board shall waive the clinical examination required for licensure for any
52.4dentist applicant who is a graduate of a dental school accredited by the Commission on
52.5Dental Accreditation of the American Dental Association, who has passed all components
52.6of the National Board Dental Examinations, and who has satisfactorily completed a
52.7Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
52.8education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
52.9program must be accredited by the Commission on Dental Accreditation of the American
52.10Dental Association, be of at least one year's duration, and include an outcome assessment
52.11evaluation assessing the resident's competence to practice dentistry. The board may require
52.12the applicant to submit any information deemed necessary by the board to determine
52.13whether the waiver is applicable. The board may waive the clinical examination for an
52.14applicant who meets the requirements of this paragraph and has satisfactorily completed an
52.15accredited postdoctoral general dentistry residency program located outside of Minnesota.

52.16    Sec. 36. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
52.17    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
52.18and payment of a fee established by the board, apply for licensure based on an evaluation
52.19of the applicant's education, experience, and performance record in lieu of completing a
52.20board-approved dental assisting program for expanded functions as defined in rule, and
52.21may be interviewed by the board to determine if the applicant:
52.22(1) has graduated from an accredited dental assisting program accredited by the
52.23Commission of on Dental Accreditation of the American Dental Association, or is
52.24currently certified by the Dental Assisting National Board;
52.25(2) is not subject to any pending or final disciplinary action in another state or
52.26Canadian province, or if not currently certified or registered, previously had a certification
52.27or registration in another state or Canadian province in good standing that was not subject
52.28to any final or pending disciplinary action at the time of surrender;
52.29(3) is of good moral character and abides by professional ethical conduct
52.30requirements;
52.31(4) at board discretion, has passed a board-approved English proficiency test if
52.32English is not the applicant's primary language; and
52.33(5) has met all expanded functions curriculum equivalency requirements of a
52.34Minnesota board-approved dental assisting program.
53.1(b) The board, at its discretion, may waive specific licensure requirements in
53.2paragraph (a).
53.3(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
53.4minimum knowledge in dental subjects required for licensure under subdivision 2a must
53.5be licensed to practice the applicant's profession.
53.6(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
53.7required for licensure under subdivision 2a, the application must be denied. If licensure is
53.8denied, the board may notify the applicant of any specific remedy that the applicant could
53.9take which, when passed, would qualify the applicant for licensure. A denial does not
53.10prohibit the applicant from applying for licensure under subdivision 2a.
53.11(e) A candidate whose application has been denied may appeal the decision to the
53.12board according to subdivision 4a.

53.13    Sec. 37. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
53.14    Subd. 3. Initial license or permit fees. Along with the application fee, each of the
53.15following applicants shall submit a separate prorated initial license or permit fee. The
53.16prorated initial fee shall be established by the board based on the number of months of the
53.17applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to
53.18exceed the following monthly nonrefundable fee amounts:
53.19(1) dentist or full faculty dentist, $14 times the number of months of the initial
53.20term $168;
53.21(2) dental therapist, $10 times the number of months of the initial term $120;
53.22(3) dental hygienist, $5 times the number of months of the initial term $60;
53.23(4) licensed dental assistant, $3 times the number of months of the initial term
53.24 $36; and
53.25(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
53.26subpart 3, $1 times the number of months of the initial term $12.

53.27    Sec. 38. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
53.28    Subd. 8. Duplicate license or certificate fee. Each applicant shall submit, with
53.29a request for issuance of a duplicate of the original license, or of an annual or biennial
53.30renewal certificate for a license or permit, a fee in the following amounts:
53.31(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
53.32assistant license, $35; and
53.33(2) annual or biennial renewal certificates, $10.; and
53.34(3) wallet-sized license and renewal certificate, $15.

54.1    Sec. 39. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
54.2read:
54.3    Subd. 16. Failure of professional development portfolio audit. A licensee shall
54.4submit a fee as established by the board not to exceed the amount of $250 after failing two
54.5consecutive professional development portfolio audits and, thereafter, for each failed (a) If
54.6a licensee fails a professional development portfolio audit under Minnesota Rules, part
54.73100.5300., the board is authorized to take the following actions:
54.8(1) for the first failure, the board may issue a warning to the licensee;
54.9(2) for the second failure within ten years, the board may assess a penalty of not
54.10more than $250; and
54.11(3) for any additional failures within the ten-year period, the board may assess a
54.12penalty of not more than $1,000.
54.13(b) In addition to the penalty fee, the board may initiate the complaint process to
54.14address multiple failed audits.

54.15    Sec. 40. Minnesota Statutes 2012, section 150A.10, is amended to read:
54.16150A.10 ALLIED DENTAL PERSONNEL.
54.17    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
54.18public institution, or school authority may obtain services from a licensed dental hygienist.
54.19The licensed dental hygienist may provide those services defined in section 150A.05,
54.20subdivision 1a
. The services provided shall not include the establishment of a final
54.21diagnosis or treatment plan for a dental patient. All services shall be provided under
54.22supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
54.23by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
54.24to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
54.25service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
54.26    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
54.27subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
54.28by a health care facility, program, or nonprofit organization to perform dental hygiene
54.29services described under paragraph (b) without the patient first being examined by a
54.30licensed dentist if the dental hygienist:
54.31(1) has been engaged in the active practice of clinical dental hygiene for not less than
54.322,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
54.33200 hours of clinical practice in two of the past three years;
54.34(2) has entered into a collaborative agreement with a licensed dentist that designates
54.35authorization for the services provided by the dental hygienist;
55.1(3) has documented participation in courses in infection control and medical
55.2emergencies within each continuing education cycle; and
55.3(4) maintains current CPR certification from completion of the American Heart
55.4Association healthcare provider course, or the American Red Cross professional rescuer
55.5course, or an equivalent entity.
55.6(b) The dental hygiene services authorized to be performed by a dental hygienist
55.7under this subdivision are limited to:
55.8(1) oral health promotion and disease prevention education;
55.9(2) removal of deposits and stains from the surfaces of the teeth;
55.10(3) application of topical preventive or prophylactic agents, including fluoride
55.11varnishes and pit and fissure sealants;
55.12(4) polishing and smoothing restorations;
55.13(5) removal of marginal overhangs;
55.14(6) performance of preliminary charting;
55.15(7) taking of radiographs; and
55.16(8) performance of scaling and root planing.
55.17The dental hygienist may administer injections of local anesthetic agents or nitrous
55.18oxide inhalation analgesia as specifically delegated in the collaborative agreement with
55.19a licensed dentist. The dentist need not first examine the patient or be present. If the
55.20patient is considered medically compromised, the collaborative dentist shall review the
55.21patient record, including the medical history, prior to the provision of these services.
55.22Collaborating dental hygienists may work with unlicensed and licensed dental assistants
55.23who may only perform duties for which licensure is not required. The performance of
55.24dental hygiene services in a health care facility, program, or nonprofit organization as
55.25authorized under this subdivision is limited to patients, students, and residents of the
55.26facility, program, or organization.
55.27(c) A collaborating dentist must be licensed under this chapter and may enter into
55.28a collaborative agreement with no more than four dental hygienists unless otherwise
55.29authorized by the board. The board shall develop parameters and a process for obtaining
55.30authorization to collaborate with more than four dental hygienists. The collaborative
55.31agreement must include:
55.32(1) consideration for medically compromised patients and medical conditions for
55.33which a dental evaluation and treatment plan must occur prior to the provision of dental
55.34hygiene services;
56.1(2) age- and procedure-specific standard collaborative practice protocols, including
56.2recommended intervals for the performance of dental hygiene services and a period of
56.3time in which an examination by a dentist should occur;
56.4(3) copies of consent to treatment form provided to the patient by the dental hygienist;
56.5(4) specific protocols for the placement of pit and fissure sealants and requirements
56.6for follow-up care to assure the efficacy of the sealants after application; and
56.7(5) a procedure for creating and maintaining dental records for the patients that are
56.8treated by the dental hygienist. This procedure must specify where these records are
56.9to be located.
56.10The collaborative agreement must be signed and maintained by the dentist, the dental
56.11hygienist, and the facility, program, or organization; must be reviewed annually by the
56.12collaborating dentist and dental hygienist; and must be made available to the board
56.13upon request.
56.14(d) Before performing any services authorized under this subdivision, a dental
56.15hygienist must provide the patient with a consent to treatment form which must include a
56.16statement advising the patient that the dental hygiene services provided are not a substitute
56.17for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
56.18to the patient for further dental procedures, the dental hygienist must fill out a referral form
56.19and provide a copy of the form to the collaborating dentist.
56.20(e) For the purposes of this subdivision, a "health care facility, program, or
56.21nonprofit organization" is limited to a hospital; nursing home; home health agency; group
56.22home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
56.23commissioner of human services or the commissioner of corrections; and federal, state, or
56.24local public health facility, community clinic, tribal clinic, school authority, Head Start
56.25program, or nonprofit organization that serves individuals who are uninsured or who are
56.26Minnesota health care public program recipients.
56.27(f) For purposes of this subdivision, a "collaborative agreement" means a written
56.28agreement with a licensed dentist who authorizes and accepts responsibility for the
56.29services performed by the dental hygienist. The services authorized under this subdivision
56.30and the collaborative agreement may be performed without the presence of a licensed
56.31dentist and may be performed at a location other than the usual place of practice of the
56.32dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
56.33specified in the collaborative agreement.
56.34    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
56.35services of any unlicensed person for the purpose of assistance in the practice of dentistry
56.36or dental therapy shall be responsible for the acts of such unlicensed person while engaged
57.1in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
57.2perform only those acts which are authorized to be delegated to unlicensed assistants
57.3by the Board of Dentistry. The acts shall be performed under supervision of a licensed
57.4dentist or dental therapist. A licensed dental therapist shall not supervise more than four
57.5registered licensed or unlicensed dental assistants at any one practice setting. The board
57.6may permit differing levels of dental assistance based upon recognized educational
57.7standards, approved by the board, for the training of dental assistants. The board may also
57.8define by rule the scope of practice of licensed and unlicensed dental assistants. The
57.9board by rule may require continuing education for differing levels of dental assistants,
57.10as a condition to their license or authority to perform their authorized duties. Any
57.11licensed dentist or dental therapist who permits an unlicensed assistant to perform any
57.12dental service other than that authorized by the board shall be deemed to be enabling an
57.13unlicensed person to practice dentistry, and commission of such an act by an unlicensed
57.14assistant shall constitute a violation of sections 150A.01 to 150A.12.
57.15    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
57.16the services of any unlicensed person, other than under the dentist's or dental therapist's
57.17supervision and within the same practice setting, for the purpose of constructing, altering,
57.18repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
57.19prosthetic or other dental appliance, shall be required to furnish such unlicensed person
57.20with a written work order in such form as shall be prescribed by the rules of the board. The
57.21work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
57.22file of the dentist or dental therapist at the practice setting for a period of two years, and
57.23the original to be retained in a permanent file for a period of two years by the unlicensed
57.24person in that person's place of business. The permanent file of work orders to be kept
57.25by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
57.26reasonable time by the board or its duly constituted agent.
57.27    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
57.282, a licensed dental hygienist or licensed dental assistant may perform the following
57.29restorative procedures:
57.30(1) place, contour, and adjust amalgam restorations;
57.31(2) place, contour, and adjust glass ionomer;
57.32(3) adapt and cement stainless steel crowns; and
57.33(4) place, contour, and adjust class I and class V supragingival composite restorations
57.34where the margins are entirely within the enamel.; and
57.35(5) place, contour, and adjust class II and class V supragingival composite
57.36restorations on primary teeth.
58.1(b) The restorative procedures described in paragraph (a) may be performed only if:
58.2(1) the licensed dental hygienist or licensed dental assistant has completed a
58.3board-approved course on the specific procedures;
58.4(2) the board-approved course includes a component that sufficiently prepares the
58.5licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
58.6placed restoration;
58.7(3) a licensed dentist or licensed advanced dental therapist has authorized the
58.8procedure to be performed; and
58.9(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
58.10while the procedure is being performed.
58.11(c) The dental faculty who teaches the educators of the board-approved courses
58.12specified in paragraph (b) must have prior experience teaching these procedures in an
58.13accredited dental education program.

58.14    Sec. 41. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
58.15    Subdivision 1. License requirements. The board shall issue a license to practice
58.16podiatric medicine to a person who meets the following requirements:
58.17(a) The applicant for a license shall file a written notarized application on forms
58.18provided by the board, showing to the board's satisfaction that the applicant is of good
58.19moral character and satisfies the requirements of this section.
58.20(b) The applicant shall present evidence satisfactory to the board of being a graduate
58.21of a podiatric medical school approved by the board based upon its faculty, curriculum,
58.22facilities, accreditation by a recognized national accrediting organization approved by the
58.23board, and other relevant factors.
58.24(c) The applicant must have received a passing score on each part of the national board
58.25examinations, parts one and two, prepared and graded by the National Board of Podiatric
58.26Medical Examiners. The passing score for each part of the national board examinations,
58.27parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
58.28(d) Applicants graduating after 1986 from a podiatric medical school shall present
58.29evidence satisfactory to the board of the completion of (1) one year of graduate, clinical
58.30residency or preceptorship in a program accredited by a national accrediting organization
58.31approved by the board or (2) other graduate training that meets standards equivalent to
58.32those of an approved national accrediting organization or school of podiatric medicine
58.33 of successful completion of a residency program approved by a national accrediting
58.34podiatric medicine organization.
59.1(e) The applicant shall appear in person before the board or its designated
59.2representative to show that the applicant satisfies the requirements of this section,
59.3including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
59.4medicine. The board may establish as internal operating procedures the procedures or
59.5requirements for the applicant's personal presentation.
59.6(f) The applicant shall pay a fee established by the board by rule. The fee shall
59.7not be refunded.
59.8(g) The applicant must not have engaged in conduct warranting disciplinary action
59.9against a licensee. If the applicant does not satisfy the requirements of this paragraph,
59.10the board may refuse to issue a license unless it determines that the public will be
59.11protected through issuance of a license with conditions and limitations the board considers
59.12appropriate.
59.13(h) Upon payment of a fee as the board may require, an applicant who fails to pass
59.14an examination and is refused a license is entitled to reexamination within one year of
59.15the board's refusal to issue the license. No more than two reexaminations are allowed
59.16without a new application for a license.

59.17    Sec. 42. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
59.18to read:
59.19    Subd. 1a. Relicensure after two-year lapse of practice; reentry program. A
59.20podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
59.21practice of podiatric medicine of greater than two years must reestablish competency by
59.22completing a reentry program approved by the board.

59.23    Sec. 43. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
59.24    Subd. 2. Applicants licensed in another state. The board shall issue a license
59.25to practice podiatric medicine to any person currently or formerly licensed to practice
59.26podiatric medicine in another state who satisfies the requirements of this section:
59.27(a) The applicant shall satisfy the requirements established in subdivision 1.
59.28(b) The applicant shall present evidence satisfactory to the board indicating the
59.29current status of a license to practice podiatric medicine issued by the first state of
59.30licensure and all other states and countries in which the individual has held a license.
59.31(c) If the applicant has had a license revoked, engaged in conduct warranting
59.32disciplinary action against the applicant's license, or been subjected to disciplinary action,
59.33in another state, the board may refuse to issue a license unless it determines that the
60.1public will be protected through issuance of a license with conditions or limitations the
60.2board considers appropriate.
60.3(d) The applicant shall submit with the license application the following additional
60.4information for the five-year period preceding the date of filing of the application: (1) the
60.5name and address of the applicant's professional liability insurer in the other state; and (2)
60.6the number, date, and disposition of any podiatric medical malpractice settlement or award
60.7made to the plaintiff relating to the quality of podiatric medical treatment.
60.8(e) If the license is active, the applicant shall submit with the license application
60.9evidence of compliance with the continuing education requirements in the current state of
60.10licensure.
60.11(f) If the license is inactive, the applicant shall submit with the license application
60.12evidence of participation in one-half the same number of hours of acceptable continuing
60.13education required for biennial renewal, as specified under Minnesota Rules, up to five
60.14years. If the license has been inactive for more than two years, the amount of acceptable
60.15continuing education required must be obtained during the two years immediately before
60.16application or the applicant must provide other evidence as the board may reasonably
60.17require.

60.18    Sec. 44. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
60.19    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the
60.20rules of the board, the board may issue a temporary permit to practice podiatric medicine
60.21to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed
60.2212 months. A temporary permit may be extended under the following conditions:
60.23(1) the applicant submits acceptable evidence that the training was interrupted by
60.24circumstances beyond the control of the applicant and that the sponsor of the program
60.25agrees to the extension;
60.26(2) the applicant is continuing in a residency that extends for more than one year; or
60.27(3) the applicant is continuing in a residency that extends for more than two years.
60.28 approved by a national accrediting organization. The temporary permit is renewed
60.29annually until the residency training requirements are completed or until the residency
60.30program is terminated or discontinued.

60.31    Sec. 45. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
60.32to read:
60.33    Subd. 4. Continuing education. (a) Every podiatrist licensed to practice in this
60.34state shall obtain 40 clock hours of continuing education in each two-year cycle of license
61.1renewal. All continuing education hours must be earned by verified attendance at or
61.2participation in a program or course sponsored by the Council on Podiatric Medical
61.3Education or approved by the board. In each two-year cycle, a maximum of eight hours of
61.4continuing education credits may be obtained through participation in online courses.
61.5(b) The number of continuing education hours required during the initial licensure
61.6period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
61.7ratio of the number of days the license is held in the initial licensure period to 730 days.

61.8    Sec. 46. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
61.9OF HARM.
61.10(a) Notwithstanding any provision of a health-related professional practice act,
61.11when a health-related licensing board receives a complaint regarding a regulated person
61.12and has probable cause to believe continued practice by the regulated person presents
61.13an imminent risk of harm, the licensing board shall temporarily suspend the regulated
61.14person's professional license. The suspension shall take effect upon written notice to the
61.15regulated person and shall specify the reason for the suspension.
61.16(b) The suspension shall remain in effect until the appropriate licensing board or
61.17the commissioner completes an investigation and issues a final order in the matter after
61.18a hearing.
61.19(c) At the time it issues the suspension notice, the appropriate licensing board shall
61.20schedule a disciplinary hearing to be held before the licensing board or pursuant to the
61.21Administrative Procedure Act. The regulated person shall be provided with at least
61.22ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
61.23scheduled to begin no later than 30 days after issuance of the suspension order.
61.24(d) If the board has not completed its investigation and issued a final order within 30
61.25days, the temporary suspension shall be lifted, unless the regulated person requests a delay
61.26in the disciplinary proceedings for any reason, upon which the temporary suspension shall
61.27remain in place until the completion of the investigation.
61.28EFFECTIVE DATE.This section is effective July 1, 2014.

61.29    Sec. 47. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:
61.30    Subd. 3. Compensation. (a) Members of the boards may be compensated at the
61.31rate of $55 a day spent on board activities, when authorized by the board, plus expenses
61.32in Members of health-related licensing boards may be compensated at the rate of $75 a
61.33day spent on board activities and members of nonhealth-related licensing boards may be
61.34compensated at the rate of $55 a day spent on board activities when authorized by the
62.1board, plus expenses in the same manner and amount as authorized by the commissioner's
62.2plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent
62.3attending board meetings, incur child care expenses that would not otherwise have been
62.4incurred, may be reimbursed for those expenses upon board authorization.
62.5(b) Members who are state employees or employees of the political subdivisions
62.6of the state must not receive the daily payment for activities that occur during working
62.7hours for which they are also compensated by the state or political subdivision. However,
62.8a state or political subdivision employee may receive the daily payment if the employee
62.9uses vacation time or compensatory time accumulated in accordance with a collective
62.10bargaining agreement or compensation plan for board activity. Members who are state
62.11employees or employees of the political subdivisions of the state may receive the expenses
62.12provided for in this subdivision unless the expenses are reimbursed by another source.
62.13Members who are state employees or employees of political subdivisions of the state
62.14may be reimbursed for child care expenses only for time spent on board activities that
62.15are outside their working hours.
62.16(c) Each board must adopt internal standards prescribing what constitutes a day
62.17spent on board activities for purposes of making daily payments under this subdivision.

62.18    Sec. 48. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
62.19    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
62.20or other communications, whether oral or written, against regulated persons. Before
62.21resolving an oral complaint, the executive director or a board member designated by the
62.22board to review complaints shall require the complainant to state the complaint in writing
62.23or authorize transcribing the complaint. The executive director or the designated board
62.24member shall determine whether the complaint alleges or implies a violation of a statute
62.25or rule which the board is empowered to enforce. The executive director or the designated
62.26board member may consult with the designee of the attorney general as to a board's
62.27jurisdiction over a complaint. If the executive director or the designated board member
62.28determines that it is necessary, the executive director may seek additional information to
62.29determine whether the complaint is jurisdictional or to clarify the nature of the allegations
62.30by obtaining records or other written material, obtaining a handwriting sample from the
62.31regulated person, clarifying the alleged facts with the complainant, and requesting a written
62.32response from the subject of the complaint. The executive director may authorize a field
62.33investigation to clarify the nature of the allegations and the facts that led to the complaint.
62.34EFFECTIVE DATE.This section is effective July 1, 2014.

63.1    Sec. 49. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
63.2    Subd. 3. Referral to other agencies. The executive director shall forward to
63.3another governmental agency any complaints received by the board which do not relate
63.4to the board's jurisdiction but which relate to matters within the jurisdiction of another
63.5governmental agency. The agency shall advise the executive director of the disposition
63.6of the complaint. A complaint or other information received by another governmental
63.7agency relating to a statute or rule which a board is empowered to enforce must be
63.8forwarded to the executive director of the board to be processed in accordance with this
63.9section. Governmental agencies may shall coordinate and conduct joint investigations of
63.10complaints that involve more than one governmental agency.
63.11EFFECTIVE DATE.This section is effective July 1, 2014.

63.12    Sec. 50. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
63.13to read:
63.14    Subd. 5. Health professionals services program. The health-related licensing
63.15boards shall include information regarding the health professionals services program
63.16on their Web sites.
63.17EFFECTIVE DATE.This section is effective July 1, 2014.

63.18    Sec. 51. Minnesota Statutes 2012, section 214.29, is amended to read:
63.19214.29 PROGRAM REQUIRED.
63.20Notwithstanding section 214.28, each health-related licensing board, including the
63.21Emergency Medical Services Regulatory Board under chapter 144E, shall either conduct a
63.22 contract with the health professionals service program under sections 214.31 to 214.37
63.23or contract for a diversion program under section 214.28 for a diversion program for
63.24regulated professionals who are unable to practice with reasonable skill and safety by
63.25reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of
63.26any mental, physical, or psychological condition.
63.27EFFECTIVE DATE.This section is effective July 1, 2014, and sunsets July 1, 2015.

63.28    Sec. 52. Minnesota Statutes 2012, section 214.31, is amended to read:
63.29214.31 AUTHORITY.
63.30Two or more of the health-related licensing boards listed in section 214.01,
63.31subdivision 2
, may jointly Notwithstanding section 214.36, the health professionals
64.1services program shall contract with the health-related licensing boards to conduct a
64.2health professionals services program to protect the public from persons regulated by the
64.3boards who are unable to practice with reasonable skill and safety by reason of illness,
64.4use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental,
64.5physical, or psychological condition. The program does not affect a board's authority to
64.6discipline violations of a board's practice act. For purposes of sections 214.31 to 214.37,
64.7the emergency medical services regulatory board shall be included in the definition of a
64.8health-related licensing board under chapter 144E.
64.9EFFECTIVE DATE.This section is effective July 1, 2014, and sunsets July 1, 2015.

64.10    Sec. 53. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
64.11to read:
64.12    Subd. 6. Duties of a participating board. Upon receiving a report from the
64.13program manager in accordance with section 214.33, subdivision 3, that a regulated
64.14person has been discharged from the program due to noncompliance based on allegations
64.15that the regulated person has engaged in conduct that might cause risk to the public, when
64.16the participating board has probable cause to believe continued practice by the regulated
64.17person presents an imminent risk of harm, the board shall temporarily suspend the
64.18regulated person's professional license until the completion of a disciplinary investigation.
64.19The board must complete the disciplinary investigation within 30 days of receipt of the
64.20report from the program. If the investigation is not completed by the board within 30 days,
64.21the temporary suspension shall be lifted, unless the regulated person requests a delay in
64.22the disciplinary proceedings for any reason, upon which the temporary suspension shall
64.23remain in place until the completion of the investigation.

64.24    Sec. 54. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
64.25    Subd. 3. Program manager. (a) The program manager shall report to the
64.26appropriate participating board a regulated person who:
64.27(1) does not meet program admission criteria,;
64.28(2) violates the terms of the program participation agreement, or;
64.29(3) leaves or is discharged from the program except upon fulfilling the terms for
64.30successful completion of the program as set forth in the participation agreement.;
64.31(4) is subject to the provisions of sections 214.17 to 214.25;
64.32(5) causes identifiable patient harm;
64.33(6) unlawfully substitutes or adulterates medications;
65.1(7) writes a prescription or causes a prescription to be dispensed in the name of a
65.2person, other than the prescriber, or veterinary patient for the personal use of the prescriber;
65.3(8) alters a prescription without the knowledge of the prescriber for the purpose of
65.4obtaining a drug for personal use;
65.5(9) unlawfully uses a controlled or mood-altering substance or uses alcohol while
65.6providing patient care or during the period of time in which the regulated person may be
65.7contacted to provide patient care or is otherwise on duty, if current use is the reason for
65.8participation in the program or the use occurs while the regulated person is participating
65.9in the program; or
65.10The program manager shall report to the appropriate participating board a regulated
65.11person who (10) is alleged to have committed violations of the person's practice act that
65.12are outside the authority of the health professionals services program as described in
65.13sections 214.31 to 214.37.
65.14(b) The program manager shall inform any reporting person of the disposition of the
65.15person's report to the program.
65.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
65.17violations that occur after the effective date.

65.18    Sec. 55. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
65.19to read:
65.20    Subd. 5. Employer mandatory reporting. (a) An employer of a person regulated
65.21by a health-related licensing board, and a health care institution or other organization
65.22where the regulated person is engaged in providing services, must report to the appropriate
65.23licensing board that a regulated person has diverted narcotics or other controlled
65.24substances in violation of state or federal narcotics or controlled substance law if:
65.25(1) the employer, health care institution, or organization making the report has
65.26knowledge of the diversion; and
65.27(2) the regulated person has diverted narcotics or other controlled substances
65.28from the reporting employer, health care institution, or organization, or at the reporting
65.29institution or organization.
65.30(b) The requirement to report under this subdivision does not apply if:
65.31(1) the regulated person is self-employed;
65.32(2) the knowledge was obtained in the course of a professional-patient relationship
65.33and the regulated person is the patient; or
65.34(3) knowledge of the diversion first becomes known to the employer, health care
65.35institution, or other organization, either from (i) an individual who is serving as a work
66.1site monitor approved by the health professional services program for the regulated
66.2person who has self-reported to the health professional services program, and who
66.3has returned to work pursuant to a health professional services program participation
66.4agreement and monitoring plan; or (ii) the regulated person who has self-reported to the
66.5health professional services program and who has returned to work pursuant to the health
66.6professional services program participation agreement and monitoring plan.
66.7EFFECTIVE DATE.This section is effective July 1, 2014.

66.8    Sec. 56. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
66.9Each health-related licensing board, including the Emergency Medical Services
66.10Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
66.11if a regulated person violates the terms of the health professionals services program
66.12participation agreement or leaves the program except upon fulfilling the terms for
66.13successful completion of the program as set forth in the participation agreement.
66.14EFFECTIVE DATE.This section is effective July 1, 2014.

66.15    Sec. 57. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
66.16364.09 EXCEPTIONS.
66.17(a) This chapter does not apply to the licensing process for peace officers; to law
66.18enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
66.19protection agencies; to eligibility for a private detective or protective agent license; to the
66.20licensing and background study process under chapters 245A and 245C; to eligibility
66.21for school bus driver endorsements; to eligibility for special transportation service
66.22endorsements; to eligibility for a commercial driver training instructor license, which is
66.23governed by section 171.35 and rules adopted under that section; to emergency medical
66.24services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
66.25applicant for the license has been discharged from sentence for a conviction within the ten
66.26years immediately preceding application of a violation of any of the following:
66.27(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
66.28subdivision 2 or 3;
66.29(2) any provision of chapter 152 that is punishable by a maximum sentence of
66.3015 years or more; or
66.31(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
66.32the scene of an accident, or reckless or careless driving.
67.1This chapter also shall not apply to eligibility for juvenile corrections employment, where
67.2the offense involved child physical or sexual abuse or criminal sexual conduct.
67.3(b) This chapter does not apply to a school district or to eligibility for a license
67.4issued or renewed by the Board of Teaching or the commissioner of education.
67.5(c) Nothing in this section precludes the Minnesota Police and Peace Officers
67.6Training Board or the state fire marshal from recommending policies set forth in this
67.7chapter to the attorney general for adoption in the attorney general's discretion to apply to
67.8law enforcement or fire protection agencies.
67.9(d) This chapter does not apply to a license to practice medicine that has been denied
67.10or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
67.11(e) This chapter does not apply to any person who has been denied a license to
67.12practice chiropractic or whose license to practice chiropractic has been revoked by the
67.13board in accordance with section 148.10, subdivision 7.
67.14(f) This chapter does not apply to any license, registration, or permit that has
67.15been denied or revoked by the Board of Nursing in accordance with section 148.261,
67.16subdivision 1a.
67.17(f) (g) This chapter does not supersede a requirement under law to conduct a
67.18criminal history background investigation or consider criminal history records in hiring
67.19for particular types of employment.

67.20    Sec. 58. REVISOR'S INSTRUCTION.
67.21(a) The revisor of statutes shall remove cross-references to the sections repealed in
67.22this article wherever they appear in Minnesota Statutes and Minnesota Rules and make
67.23changes necessary to correct the punctuation, grammar, or structure of the remaining text
67.24and preserve its meaning.
67.25(b) The revisor of statutes shall change the term "physician's assistant" to "physician
67.26assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.
67.27EFFECTIVE DATE.Paragraph (a) is effective July 1, 2014.

67.28    Sec. 59. REPEALER.
67.29(a) Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision
67.302; and 148.7813, are repealed.
67.31(b) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed the day
67.32following final enactment.
67.33(c) Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are
67.34repealed.

68.1ARTICLE 5
68.2BOARD OF PHARMACY

68.3    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
68.4151.01 DEFINITIONS.
68.5    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
68.6indicates that a different meaning is intended, the following words, terms, and phrases, for
68.7the purposes of this chapter, shall be given the meanings subjoined to them.
68.8    Subd. 2. Pharmacy. "Pharmacy" means an established a place of business in
68.9which prescriptions, prescription drugs, medicines, chemicals, and poisons are prepared,
68.10compounded, or dispensed, vended, or sold to or for the use of patients by or under
68.11the supervision of a pharmacist and from which related clinical pharmacy services are
68.12delivered.
68.13    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a
68.14pharmacy that has been issued a restricted license by the board to perform a limited range
68.15of the activities that constitute the practice of pharmacy.
68.16    Subd. 3. Pharmacist. The term "Pharmacist" means an individual with a currently
68.17valid license issued by the Board of Pharmacy to practice pharmacy.
68.18    Subd. 5. Drug. The term "Drug" means all medicinal substances and preparations
68.19recognized by the United States Pharmacopoeia and National Formulary, or any revision
68.20thereof, vaccines and biologicals, and all substances and preparations intended for external
68.21and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
68.22humans or other animals, and all substances and preparations, other than food, intended to
68.23affect the structure or any function of the bodies of humans or other animals. The term drug
68.24shall also mean any compound, substance, or derivative that is not approved for human
68.25consumption by the United States Food and Drug Administration or specifically permitted
68.26for human consumption under Minnesota law, and, when introduced into the body, induces
68.27an effect similar to that of a Schedule I or Schedule II controlled substance listed in
68.28section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
68.29regardless of whether the substance is marketed for the purpose of human consumption.
68.30    Subd. 6. Medicine. The term "Medicine" means any remedial agent that has the
68.31property of curing, preventing, treating, or mitigating diseases, or that is used for that
68.32purpose.
68.33    Subd. 7. Poisons. The term "Poisons" means any substance which that, when
68.34introduced into the system, directly or by absorption, produces violent, morbid, or fatal
68.35changes, or which that destroys living tissue with which it comes in contact.
69.1    Subd. 8. Chemical. The term "Chemical" means all medicinal or industrial
69.2substances, whether simple or compound, or obtained through the process of the science
69.3and art of chemistry, whether of organic or inorganic origin.
69.4    Subd. 9. Board or State Board of Pharmacy. The term "Board" or "State Board of
69.5Pharmacy" means the Minnesota State Board of Pharmacy.
69.6    Subd. 10. Director. The term "Director" means the executive director of the
69.7Minnesota State Board of Pharmacy.
69.8    Subd. 11. Person. The term "Person" means an individual, firm, partnership,
69.9company, corporation, trustee, association, agency, or other public or private entity.
69.10    Subd. 12. Wholesale. The term "Wholesale" means and includes any sale for the
69.11purpose of resale.
69.12    Subd. 13. Commercial purposes. The phrase "Commercial purposes" means the
69.13ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
69.14of medicine and, pharmacy, and other health care professions.
69.15    Subd. 14. Manufacturing. The term "Manufacturing" except in the case of bulk
69.16compounding, prepackaging or extemporaneous compounding within a pharmacy, means
69.17and includes the production, quality control and standardization by mechanical, physical,
69.18chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
69.19relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
69.20without exception, for medicinal purposes. preparation, propagation, conversion, or
69.21processing of a drug, either directly or indirectly, by extraction from substances of natural
69.22origin or independently by means of chemical or biological synthesis. Manufacturing
69.23includes the packaging or repackaging of a drug, or the labeling or relabeling of
69.24the container of a drug, for resale by pharmacies, practitioners, or other persons.
69.25Manufacturing does not include the prepackaging, extemporaneous compounding, or
69.26anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
69.27nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
69.28dispensing a drug to a patient pursuant to a valid prescription.
69.29    Subd. 14a. Manufacturer. "Manufacturer" means any person engaged in
69.30manufacturing.
69.31    Subd. 14b. Outsourcing facility. "Outsourcing facility" means a facility that is
69.32registered by the United States Food and Drug Administration pursuant to United States
69.33Code, title 21, section 353b.
69.34    Subd. 15. Pharmacist intern. The term "Pharmacist intern" means (1) a natural
69.35person satisfactorily progressing toward the degree in pharmacy required for licensure, or
69.36(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
70.1college approved by the board, who is registered by the State Board of Pharmacy for the
70.2purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
70.3or (3) a qualified applicant awaiting examination for licensure.
70.4    Subd. 15a. Pharmacy technician. The term "Pharmacy technician" means a person
70.5not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
70.6preparation and dispensing of medications by performing computer entry of prescription
70.7data and other manipulative tasks. A pharmacy technician shall not perform tasks
70.8specifically reserved to a licensed pharmacist or requiring professional judgment.
70.9    Subd. 16. Prescription drug order. The term "Prescription drug order" means a
70.10signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
70.11 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's
70.12practice, issued for an individual patient and containing the following: the date of issue,
70.13name and address of the patient, name and quantity of the drug prescribed, directions
70.14for use, and the name and address of the prescriber. for a drug for a specific patient.
70.15Prescription drug orders for controlled substances must be prepared in accordance with the
70.16provisions of section 152.11 and the federal Controlled Substances Act and the regulations
70.17promulgated thereunder.
70.18    Subd. 16a. Prescription. "Prescription" means a prescription drug order that is
70.19written or printed on paper, an oral order reduced to writing by a pharmacist, or an
70.20electronic order. To be valid, a prescription must be issued for an individual patient by
70.21a practitioner within the scope and usual course of the practitioner's practice, and must
70.22contain the date of issue, name and address of the patient, name and quantity of the drug
70.23prescribed, directions for use, the name and address of the practitioner, and a telephone
70.24number at which the practitioner can be reached. A prescription written or printed on
70.25paper that is given to the patient or an agent of the patient or that is transmitted by fax
70.26must contain the practitioner's manual signature. An electronic prescription must contain
70.27the practitioner's electronic signature.
70.28    Subd. 16b. Chart order. "Chart order" means a prescription drug order for a
70.29drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
70.30supervision of a pharmacist, and administered by an authorized person only during the
70.31patient's stay in a hospital or long-term care facility. The chart order shall contain the name
70.32of the patient, another patient identifier such as birth date or medical record number, the
70.33drug ordered, and any directions that the practitioner may prescribe concerning strength,
70.34dosage, frequency, and route of administration. The manual or electronic signature of the
70.35practitioner must be affixed to the chart order at the time it is written or at a later date in
70.36the case of verbal chart orders.
71.1    Subd. 17. Legend drug. "Legend drug" means a drug which that is required by
71.2federal law to bear the following statement, "Caution: Federal law prohibits dispensing
71.3without prescription." be dispensed only pursuant to the prescription of a licensed
71.4practitioner.
71.5    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter
71.6upon the immediate container of any drug or medicine; and a requirement made by or
71.7under authority of Laws 1969, chapter 933 that. Any word, statement, or other information
71.8appearing required by or under the authority of this chapter to appear on the label shall not
71.9be considered to be complied with unless such word, statement, or other information also
71.10appears appear on the outside container or wrapper, if any there be, of the retail package of
71.11such drug or medicine, or is be easily legible through the outside container or wrapper.
71.12    Subd. 19. Package. "Package" means any container or wrapping in which any
71.13drug or medicine is enclosed for use in the delivery or display of that article to retail
71.14purchasers, but does not include:
71.15(a) shipping containers or wrappings used solely for the transportation of any such
71.16article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
71.17retail distributors;
71.18(b) shipping containers or outer wrappings used by retailers to ship or deliver any
71.19such article to retail customers if such containers and wrappings bear no printed matter
71.20pertaining to any particular drug or medicine.
71.21    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or
71.22graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
71.23accompanying such article.
71.24    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic
71.25Act, United States Code, title 21, section 301, et seq., as amended.
71.26    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed
71.27pharmacist in the state of Minnesota who has been designated in accordance with the rules
71.28of the State Board of Pharmacy to assume professional responsibility for the operation
71.29of the pharmacy in compliance with the requirements and duties as established by the
71.30board in its rules.
71.31    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
71.32doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
71.33licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
71.34sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs
71.35(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to
71.36prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
72.1authorized to prescribe, dispense, and administer under section 148.235. For purposes of
72.2sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph
72.3(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and
72.4administer under chapter 150A.
72.5    Subd. 24. Brand name. "Brand name" means the registered trademark name given
72.6to a drug product by its manufacturer, labeler or distributor.
72.7    Subd. 25. Generic name. "Generic name" means the established name or official
72.8name of a drug or drug product.
72.9    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a
72.10drug which that is or is intended to be dispensed or administered to the patient and requires
72.11no further manufacturing or processing other than packaging, reconstitution, or labeling.
72.12    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
72.13    (1) interpretation and evaluation of prescription drug orders;
72.14    (2) compounding, labeling, and dispensing drugs and devices (except labeling by
72.15a manufacturer or packager of nonprescription drugs or commercially packaged legend
72.16drugs and devices);
72.17    (3) participation in clinical interpretations and monitoring of drug therapy for
72.18assurance of safe and effective use of drugs, including the performance of laboratory tests
72.19that are waived under the federal Clinical Laboratory Improvement Act of 1988, United
72.20States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the
72.21results of laboratory tests but may modify drug therapy only pursuant to a protocol or
72.22collaborative practice agreement;
72.23    (4) participation in drug and therapeutic device selection; drug administration for first
72.24dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
72.25    (5) participation in administration of influenza vaccines to all eligible individuals ten
72.26years of age and older and all other vaccines to patients 18 years of age and older under
72.27standing orders from a physician licensed under chapter 147 or by written protocol with a
72.28physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
72.29under chapter 147A, or an advanced practice registered nurse authorized to prescribe
72.30drugs under section 148.235, provided that:
72.31(i) the protocol includes, at a minimum:
72.32(A) the name, dose, and route of each vaccine that may be given;
72.33(B) the patient population for whom the vaccine may be given;
72.34(C) contraindications and precautions to the vaccine;
72.35(D) the procedure for handling an adverse reaction;
73.1(E) the name, signature, and address of the physician, physician assistant, or
73.2advanced practice registered nurse;
73.3(F) a telephone number at which the physician, physician assistant, or advanced
73.4practice registered nurse can be contacted; and
73.5(G) the date and time period for which the protocol is valid;
73.6    (i) (ii) the pharmacist is trained in has successfully completed a program approved
73.7by the American Accreditation Council of Pharmaceutical for Pharmacy Education
73.8specifically for the administration of immunizations or graduated from a college of
73.9pharmacy in 2001 or thereafter a program approved by the board; and
73.10    (ii) (iii) the pharmacist reports the administration of the immunization to the patient's
73.11primary physician or clinic or to the Minnesota Immunization Information Connection; and
73.12(iv) the pharmacist complies with guidelines for vaccines and immunizations
73.13established by the federal Advisory Committee on Immunization Practices, except that a
73.14pharmacist does not need to comply with those portions of the guidelines that establish
73.15immunization schedules when administering a vaccine pursuant to a valid, patient-specific
73.16order issued by a physician licensed under chapter 147, a physician assistant authorized to
73.17prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
73.18drugs under section 148.235, provided that the order is consistent with the United States
73.19Food and Drug Administration approved labeling of the vaccine;
73.20    (6) participation in the practice of managing drug therapy and modifying initiation,
73.21management, modification, and discontinuation of drug therapy, according to section
73.22151.21, subdivision 1, according to a written protocol or collaborative practice agreement
73.23between the specific pharmacist: (i) one or more pharmacists and the individual dentist,
73.24optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
73.25care and authorized to independently prescribe drugs one or more dentists, optometrists,
73.26physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
73.27physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
73.28or advanced practice nurses authorized to prescribe, dispense, and administer under
73.29section 148.235. Any significant changes in drug therapy made pursuant to a protocol or
73.30collaborative practice agreement must be reported documented by the pharmacist to in
73.31 the patient's medical record or reported by the pharmacist to a practitioner responsible
73.32for the patient's care;
73.33    (7) participation in the storage of drugs and the maintenance of records;
73.34    (8) responsibility for participation in patient counseling on therapeutic values,
73.35content, hazards, and uses of drugs and devices; and
74.1    (9) offering or performing those acts, services, operations, or transactions necessary
74.2in the conduct, operation, management, and control of a pharmacy.
74.3    Subd. 27a. Protocol. "Protocol" means:
74.4(1) a specific written plan that describes the nature and scope of activities that a
74.5pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
74.6therapy as allowed in subdivision 27, clause (6); or
74.7(2) a specific written plan that authorizes a pharmacist to administer vaccines and
74.8that complies with subdivision 27, clause (5).
74.9    Subd. 27b. Collaborative practice. "Collaborative practice" means patient care
74.10activities, consistent with subdivision 27, engaged in by one or more pharmacists who
74.11have agreed to work in collaboration with one or more practitioners to initiate, manage,
74.12and modify drug therapy under specified conditions mutually agreed to by the pharmacists
74.13and practitioners.
74.14    Subd. 27c. Collaborative practice agreement. "Collaborative practice agreement"
74.15means a written and signed agreement between one or more pharmacists and one or more
74.16practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
74.17    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is
74.18required by federal law to bear the following statement: "Caution: Federal law restricts
74.19this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant
74.20to the prescription of a licensed veterinarian.
74.21    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous
74.22substance used for medical purposes and that is required by federal law to bear the
74.23following statement: "Caution: Federal law prohibits dispensing without a prescription."
74.24 be dispensed only pursuant to the prescription of a licensed practitioner.
74.25    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation
74.26or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
74.27appropriately labeled for subsequent administration to or use by a patient or other individual
74.28entitled to receive the drug. interpretation, evaluation, and processing of a prescription
74.29drug order and includes those processes specified by the board in rule that are necessary
74.30for the preparation and provision of a drug to a patient or patient's agent in a suitable
74.31container appropriately labeled for subsequent administration to, or use by, a patient.
74.32    Subd. 31. Central service pharmacy. "Central service pharmacy" means a
74.33pharmacy that may provide dispensing functions, drug utilization review, packaging,
74.34labeling, or delivery of a prescription product to another pharmacy for the purpose of
74.35filling a prescription.
75.1    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound,
75.2symbol, or process attached to or associated with a record and executed or adopted by a
75.3person with the intent to sign the record.
75.4    Subd. 33. Electronic transmission. "Electronic transmission" means transmission
75.5of information in electronic form.
75.6    Subd. 34. Health professional shortage area. "Health professional shortage area"
75.7means an area designated as such by the federal Secretary of Health and Human Services,
75.8as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
75.9title 42, section 254E.
75.10    Subd. 35. Compounding. "Compounding" means preparing, mixing, assembling,
75.11packaging, and labeling a drug for an identified individual patient as a result of
75.12a practitioner's prescription drug order. Compounding also includes anticipatory
75.13compounding, as defined in this section, and the preparation of drugs in which all bulk
75.14drug substances and components are nonprescription substances. Compounding does
75.15not include mixing or reconstituting a drug according to the product's labeling or to the
75.16manufacturer's directions. Compounding does not include the preparation of a drug for the
75.17purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
75.18is not prepared for dispensing or administration to patients. All compounding, regardless
75.19of the type of product, must be done pursuant to a prescription drug order unless otherwise
75.20permitted in this chapter or by the rules of the board. Compounding does not include a
75.21minor deviation from such directions with regard to radioactivity, volume, or stability,
75.22which is made by or under the supervision of a licensed nuclear pharmacist or a physician,
75.23and which is necessary in order to accommodate circumstances not contemplated in the
75.24manufacturer's instructions, such as the rate of radioactive decay or geographical distance
75.25from the patient.
75.26    Subd. 36. Anticipatory compounding. "Anticipatory compounding" means the
75.27preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
75.28meet the short-term anticipated need of the pharmacy for the filling of prescription drug
75.29orders. In the case of practitioners only, anticipatory compounding means the preparation
75.30of a supply of a compounded drug product that is sufficient to meet the practitioner's
75.31short-term anticipated need for dispensing or administering the drug to patients treated
75.32by the practitioner. Anticipatory compounding is not the preparation of a compounded
75.33drug product for wholesale distribution.
75.34    Subd. 37. Extemporaneous compounding. "Extemporaneous compounding"
75.35means the compounding of a drug product pursuant to a prescription drug order for a specific
76.1patient that is issued in advance of the compounding. Extemporaneous compounding is
76.2not the preparation of a compounded drug product for wholesale distribution.
76.3    Subd. 38. Compounded positron emission tomography drug. "Compounded
76.4positron emission tomography drug" means a drug that:
76.5(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
76.6positrons and is used for the purpose of providing dual photon positron emission
76.7tomographic diagnostic images;
76.8(2) has been compounded by or on the order of a practitioner in accordance with the
76.9relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
76.10teaching, or quality control; and
76.11(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
76.12accelerator, target material, electronic synthesizer, or other apparatus or computer program
76.13to be used in the preparation of such a drug.

76.14    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
76.15151.06 POWERS AND DUTIES.
76.16    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
76.17shall have the power and it shall be its duty:
76.18    (1) to regulate the practice of pharmacy;
76.19    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
76.20    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
76.21dispensed in this state, using the United States Pharmacopeia and the National Formulary,
76.22or any revisions thereof, or standards adopted under the federal act as the standard;
76.23    (4) to enter and inspect by its authorized representative any and all places where
76.24drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
76.25away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
76.26or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
76.27after paying or offering to pay for such sample; it shall be entitled to inspect and make
76.28copies of any and all records of shipment, purchase, manufacture, quality control, and
76.29sale of these items provided, however, that such inspection shall not extend to financial
76.30data, sales data, or pricing data;
76.31    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
76.32to be such;
76.33    (6) to license wholesale drug distributors;
76.34    (7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any
76.35registration or license required under this chapter, to any applicant or registrant or licensee
77.1 upon any of the following grounds: listed in section 151.071, and in accordance with
77.2the provisions of section 151.071;
77.3    (i) fraud or deception in connection with the securing of such license or registration;
77.4    (ii) in the case of a pharmacist, conviction in any court of a felony;
77.5    (iii) in the case of a pharmacist, conviction in any court of an offense involving
77.6moral turpitude;
77.7    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
77.8or habitual indulgence in intoxicating liquors in a manner which could cause conduct
77.9endangering public health;
77.10    (v) unprofessional conduct or conduct endangering public health;
77.11    (vi) gross immorality;
77.12    (vii) employing, assisting, or enabling in any manner an unlicensed person to
77.13practice pharmacy;
77.14    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
77.15    (ix) violation of any of the provisions of this chapter or any of the rules of the State
77.16Board of Pharmacy;
77.17    (x) in the case of a pharmacy license, operation of such pharmacy without a
77.18pharmacist present and on duty;
77.19    (xi) in the case of a pharmacist, physical or mental disability which could cause
77.20incompetency in the practice of pharmacy;
77.21    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
77.22pharmacy in another state; or
77.23    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
77.24violation of section 609.215 as established by any of the following:
77.25    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
77.26violation of section 609.215, subdivision 1 or 2;
77.27    (B) a copy of the record of a judgment of contempt of court for violating an
77.28injunction issued under section 609.215, subdivision 4;
77.29    (C) a copy of the record of a judgment assessing damages under section 609.215,
77.30subdivision 5
; or
77.31    (D) a finding by the board that the person violated section 609.215, subdivision
77.321
or 2. The board shall investigate any complaint of a violation of section 609.215,
77.33subdivision 1
or 2;
77.34    (8) to employ necessary assistants and adopt rules for the conduct of its business;
77.35    (9) to register as pharmacy technicians all applicants who the board determines are
77.36qualified to carry out the duties of a pharmacy technician; and
78.1    (10) to perform such other duties and exercise such other powers as the provisions of
78.2the act may require.; and
78.3(11) to enter and inspect any business to which it issues a license or registration.
78.4    (b) Temporary suspension. In addition to any other remedy provided by law, the board
78.5may, without a hearing, temporarily suspend a license for not more than 60 days if the board
78.6finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
78.7and continued practice by the pharmacist would create an imminent risk of harm to others.
78.8The suspension shall take effect upon written notice to the pharmacist, specifying the
78.9statute or rule violated. At the time it issues the suspension notice, the board shall schedule
78.10a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
78.11shall be provided with at least 20 days' notice of any hearing held under this subdivision.
78.12    (c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make
78.13and publish uniform rules not inconsistent herewith for carrying out and enforcing
78.14the provisions of this chapter. The board shall adopt rules regarding prospective drug
78.15utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
78.16the pharmacist's professional judgment, upon the presentation of a new prescription by a
78.17patient or the patient's caregiver or agent, shall perform the prospective drug utilization
78.18review required by rules issued under this subdivision.
78.19(d) (c) Substitution; rules. If the United States Food and Drug Administration
78.20(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
78.21seizures poses a health risk to patients, the board shall adopt rules in accordance with
78.22accompanying FDA interchangeability standards regarding the use of substitution for
78.23these drugs. If the board adopts a rule regarding the substitution of drugs used for the
78.24treatment of epilepsy or seizures that conflicts with the substitution requirements of
78.25section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule
78.26proposed by the board would increase state costs for state public health care programs,
78.27the board shall report to the chairs and ranking minority members of the senate Health
78.28and Human Services Budget Division and the house of representatives Health Care and
78.29Human Services Finance Division the proposed rule and the increased cost associated
78.30with the proposed rule before the board may adopt the rule.
78.31    Subd. 1a. Disciplinary action Cease and desist orders. It shall be grounds for
78.32disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
78.33the Board of Pharmacy determines that any person with supervisory responsibilities at the
78.34pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
78.35review and patient counseling as required by rules adopted under subdivision 1. The
78.36Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
79.1taken under this section. (a) Whenever it appears to the board that a person has engaged in
79.2an act or practice constituting a violation of a law, rule, or other order related to the duties
79.3and responsibilities entrusted to the board, the board may issue and cause to be served
79.4upon the person an order requiring the person to cease and desist from violations.
79.5(b) The cease and desist order must state the reasons for the issuance of the order
79.6and must give reasonable notice of the rights of the person to request a hearing before
79.7an administrative law judge. A hearing must be held not later than ten days after the
79.8request for the hearing is received by the board. After the completion of the hearing,
79.9the administrative law judge shall issue a report within ten days. Within 15 days after
79.10receiving the report of the administrative law judge, the board shall issue a further order
79.11vacating or making permanent the cease and desist order. The time periods provided in
79.12this provision may be waived by agreement of the executive director of the board and the
79.13person against whom the cease and desist order was issued. If the person to whom a cease
79.14and desist order is issued fails to appear at the hearing after being duly notified, the person
79.15is in default, and the proceeding may be determined against that person upon consideration
79.16of the cease and desist order, the allegations of which may be considered to be true. Unless
79.17otherwise provided, all hearings must be conducted according to chapter 14. The board
79.18may adopt rules of procedure concerning all proceedings conducted under this subdivision.
79.19(c) If no hearing is requested within 30 days of service of the order, the cease and
79.20desist order will become permanent.
79.21(d) A cease and desist order issued under this subdivision remains in effect until
79.22it is modified or vacated by the board. The administrative proceeding provided by this
79.23subdivision, and subsequent appellate judicial review of that administrative proceeding,
79.24constitutes the exclusive remedy for determining whether the board properly issued the
79.25cease and desist order and whether the cease and desist order should be vacated or made
79.26permanent.
79.27    Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever
79.28the board under subdivision 1a seeks to enforce compliance with a cease and desist
79.29order that has been made permanent, the allegations of the cease and desist order are
79.30considered conclusively established for purposes of proceeding under subdivision 1a for
79.31permanent or temporary relief to enforce the cease and desist order. Whenever the board
79.32under subdivision 1a seeks to enforce compliance with a cease and desist order when a
79.33hearing or hearing request on the cease and desist order is pending, or the time has not
79.34yet expired to request a hearing on whether a cease and desist order should be vacated or
79.35made permanent, the allegations in the cease and desist order are considered conclusively
80.1established for the purposes of proceeding under subdivision 1a for temporary relief to
80.2enforce the cease and desist order.
80.3(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
80.4the cease and desist order is issued and who has requested a hearing under subdivision 1a
80.5may, within 15 days after service of the cease and desist order, bring an action in Ramsey
80.6County District Court for issuance of an injunction to suspend enforcement of the cease
80.7and desist order pending a final decision of the board under subdivision 1a to vacate or
80.8make permanent the cease and desist order. The court shall determine whether to issue
80.9such an injunction based on traditional principles of temporary relief.
80.10    Subd. 2. Application. In the case of a facility licensed or registered by the board,
80.11the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
80.12shall also apply to the following:
80.13(1) In the case of a partnership, each partner thereof;
80.14(2) In the case of an association, each member thereof;
80.15(3) In the case of a corporation, each officer or director thereof and each shareholder
80.16owning 30 percent or more of the voting stock of such corporation.
80.17    Subd. 3. Application of Administrative Procedure Act. The board shall comply
80.18with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
80.19license or registration issued under this chapter.
80.20    Subd. 4. Reinstatement. Any license or registration which has been suspended
80.21or revoked may be reinstated by the board provided the holder thereof shall pay all costs
80.22of the proceedings resulting in the suspension or revocation, and, in addition thereto,
80.23pay a fee set by the board.
80.24    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding
80.25$10,000 for each separate violation, the amount of the civil penalty to be fixed so as
80.26to deprive a licensee or registrant of any economic advantage gained by reason of
80.27the violation, to discourage similar violations by the licensee or registrant or any other
80.28licensee or registrant, or to reimburse the board for the cost of the investigation and
80.29proceeding, including, but not limited to, fees paid for services provided by the Office of
80.30Administrative Hearings, legal and investigative services provided by the Office of the
80.31Attorney General, court reporters, witnesses, reproduction of records, board members'
80.32per diem compensation, board staff time, and travel costs and expenses incurred by board
80.33staff and board members.
80.34EFFECTIVE DATE.Subdivisions 1a and 1b are effective August 1, 2014, and
80.35apply to violations occurring on or after that date.

81.1    Sec. 3. [151.071] DISCIPLINARY ACTION.
81.2    Subdivision 1. Forms of disciplinary action. When the board finds that a licensee,
81.3registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
81.4do one or more of the following:
81.5(1) deny the issuance of a license or registration;
81.6(2) refuse to renew a license or registration;
81.7(3) revoke the license or registration;
81.8(4) suspend the license or registration;
81.9(5) impose limitations, conditions, or both on the license or registration, including
81.10but not limited to: the limitation of practice to designated settings; the limitation of the
81.11scope of practice within designated settings; the imposition of retraining or rehabilitation
81.12requirements; the requirement of practice under supervision; the requirement of
81.13participation in a diversion program such as that established pursuant to section 214.31
81.14or the conditioning of continued practice on demonstration of knowledge or skills by
81.15appropriate examination or other review of skill and competence;
81.16(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
81.17amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
81.18economic advantage gained by reason of the violation, to discourage similar violations
81.19by the licensee or registrant or any other licensee or registrant, or to reimburse the board
81.20for the cost of the investigation and proceeding, including but not limited to, fees paid
81.21for services provided by the Office of Administrative Hearings, legal and investigative
81.22services provided by the Office of the Attorney General, court reporters, witnesses,
81.23reproduction of records, board members' per diem compensation, board staff time, and
81.24travel costs and expenses incurred by board staff and board members; and
81.25(7) reprimand the licensee or registrant.
81.26    Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and
81.27is grounds for disciplinary action:
81.28(1) failure to demonstrate the qualifications or satisfy the requirements for a license
81.29or registration contained in this chapter or the rules of the board. The burden of proof is on
81.30the applicant to demonstrate such qualifications or satisfaction of such requirements;
81.31(2) obtaining a license by fraud or by misleading the board in any way during
81.32the application process or obtaining a license by cheating, or attempting to subvert
81.33the licensing examination process. Conduct that subverts or attempts to subvert the
81.34licensing examination process includes, but is not limited to: (i) conduct that violates the
81.35security of the examination materials, such as removing examination materials from the
81.36examination room or having unauthorized possession of any portion of a future, current,
82.1or previously administered licensing examination; (ii) conduct that violates the standard of
82.2test administration, such as communicating with another examinee during administration
82.3of the examination, copying another examinee's answers, permitting another examinee
82.4to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
82.5examinee or permitting an impersonator to take the examination on one's own behalf;
82.6(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
82.7pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
82.8intern registration, conviction of a felony reasonably related to the practice of pharmacy.
82.9Conviction as used in this subdivision includes a conviction of an offense that if committed
82.10in this state would be deemed a felony without regard to its designation elsewhere, or
82.11a criminal proceeding where a finding or verdict of guilt is made or returned but the
82.12adjudication of guilt is either withheld or not entered thereon. The board may delay the
82.13issuance of a new license or registration if the applicant has been charged with a felony
82.14until the matter has been adjudicated;
82.15(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
82.16owner or applicant is convicted of a felony reasonably related to the operation of the
82.17facility. The board may delay the issuance of a new license or registration if the owner or
82.18applicant has been charged with a felony until the matter has been adjudicated;
82.19(5) for a controlled substance researcher, conviction of a felony reasonably related
82.20to controlled substances or to the practice of the researcher's profession. The board may
82.21delay the issuance of a registration if the applicant has been charged with a felony until
82.22the matter has been adjudicated;
82.23(6) disciplinary action taken by another state or by one of this state's health licensing
82.24agencies:
82.25(i) revocation, suspension, restriction, limitation, or other disciplinary action against
82.26a license or registration in another state or jurisdiction, failure to report to the board that
82.27charges or allegations regarding the person's license or registration have been brought in
82.28another state or jurisdiction, or having been refused a license or registration by any other
82.29state or jurisdiction. The board may delay the issuance of a new license or registration if
82.30an investigation or disciplinary action is pending in another state or jurisdiction until the
82.31investigation or action has been dismissed or otherwise resolved; and
82.32(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
82.33a license or registration issued by another of this state's health licensing agencies, failure
82.34to report to the board that charges regarding the person's license or registration have been
82.35brought by another of this state's health licensing agencies, or having been refused a
82.36license or registration by another of this state's health licensing agencies. The board may
83.1delay the issuance of a new license or registration if a disciplinary action is pending before
83.2another of this state's health licensing agencies until the action has been dismissed or
83.3otherwise resolved;
83.4(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
83.5of any order of the board, of any of the provisions of this chapter or any rules of the
83.6board or violation of any federal, state, or local law or rule reasonably pertaining to the
83.7practice of pharmacy;
83.8(8) for a facility, other than a pharmacy, licensed by the board, violations of any
83.9order of the board, of any of the provisions of this chapter or the rules of the board or
83.10violation of any federal, state, or local law relating to the operation of the facility;
83.11(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
83.12the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
83.13of a patient; or pharmacy practice that is professionally incompetent, in that it may create
83.14unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
83.15of actual injury need not be established;
83.16(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
83.17that it is not a violation of this clause for a pharmacist to supervise a properly registered
83.18pharmacy technician or pharmacist intern if that person is performing duties allowed
83.19by this chapter or the rules of the board;
83.20(11) for an individual licensed or registered by the board, adjudication as mentally ill
83.21or developmentally disabled, or as a chemically dependent person, a person dangerous
83.22to the public, a sexually dangerous person, or a person who has a sexual psychopathic
83.23personality, by a court of competent jurisdiction, within or without this state. Such
83.24adjudication shall automatically suspend a license for the duration thereof unless the
83.25board orders otherwise;
83.26(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
83.27specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
83.28specified in board rules that would be unprofessional if it were engaged in by a pharmacist
83.29or pharmacist intern or performing duties specifically reserved for pharmacists under this
83.30chapter or the rules of the board;
83.31(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
83.32duty except as allowed by a variance approved by the board;
83.33(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
83.34safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
83.35any other type of material or as a result of any mental or physical condition, including
83.36deterioration through the aging process or loss of motor skills. In the case of registered
84.1pharmacy technicians, pharmacist interns, or controlled substance researchers, the
84.2inability to carry out duties allowed under this chapter or the rules of the board with
84.3reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
84.4narcotics, chemicals, or any other type of material or as a result of any mental or physical
84.5condition, including deterioration through the aging process or loss of motor skills;
84.6(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
84.7gas distributor, or controlled substance researcher, revealing a privileged communication
84.8from or relating to a patient except when otherwise required or permitted by law;
84.9(16) for a pharmacist or pharmacy, improper management of patient records,
84.10including failure to maintain adequate patient records, to comply with a patient's request
84.11made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
84.12required by law;
84.13(17) fee splitting, including without limitation:
84.14(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
84.15kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
84.16and
84.17(ii) referring a patient to any health care provider as defined in sections 144.291 to
84.18144.298 in which the licensee or registrant has a financial or economic interest as defined
84.19in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the
84.20licensee's or registrant's financial or economic interest in accordance with section 144.6521;
84.21(18) engaging in abusive or fraudulent billing practices, including violations of the
84.22federal Medicare and Medicaid laws or state medical assistance laws or rules;
84.23(19) engaging in conduct with a patient that is sexual or may reasonably be
84.24interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
84.25demeaning to a patient;
84.26(20) failure to make reports as required by section 151.072 or to cooperate with an
84.27investigation of the board as required by section 151.074;
84.28(21) knowingly providing false or misleading information that is directly related
84.29to the care of a patient unless done for an accepted therapeutic purpose such as the
84.30dispensing and administration of a placebo;
84.31(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
84.32established by any of the following:
84.33(i) a copy of the record of criminal conviction or plea of guilty for a felony in
84.34violation of section 609.215, subdivision 1 or 2;
84.35(ii) a copy of the record of a judgment of contempt of court for violating an
84.36injunction issued under section 609.215, subdivision 4;
85.1(iii) a copy of the record of a judgment assessing damages under section 609.215,
85.2subdivision 5; or
85.3(iv) a finding by the board that the person violated section 609.215, subdivision
85.41 or 2. The board shall investigate any complaint of a violation of section 609.215,
85.5subdivision 1 or 2;
85.6(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
85.7For a pharmacist intern, pharmacy technician, or controlled substance researcher,
85.8performing duties permitted to such individuals by this chapter or the rules of the board
85.9under a lapsed or nonrenewed registration. For a facility required to be licensed under this
85.10chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
85.11(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or
85.12discharge from the health professionals services program for reasons other than the
85.13satisfactory completion of the program.
85.14    Subd. 3. Automatic suspension. (a) A license or registration issued under this
85.15chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
85.16researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
85.17appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
85.18other than the minority of the licensee or registrant; or (2) the licensee or registrant is
85.19committed by order of a court pursuant to chapter 253B. The license or registration
85.20remains suspended until the licensee is restored to capacity by a court and, upon petition
85.21by the licensee or registrant, the suspension is terminated by the board after a hearing.
85.22(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
85.23board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
85.24of pharmacy, the license or registration of the regulated person may be automatically
85.25suspended by the board. The license or registration will remain suspended until, upon
85.26petition by the regulated individual and after a hearing, the suspension is terminated by
85.27the board. The board may indefinitely suspend or revoke the license or registration of the
85.28regulated individual if, after a hearing before the board, the board finds that the felonious
85.29conduct would cause a serious risk of harm to the public.
85.30(c) For a facility that is licensed or registered by the board, upon notice to the
85.31board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
85.32a felony reasonably related to the operation of the facility, the license or registration of
85.33the facility may be automatically suspended by the board. The license or registration will
85.34remain suspended until, upon petition by the facility and after a hearing, the suspension
85.35is terminated by the board. The board may indefinitely suspend or revoke the license or
86.1registration of the facility if, after a hearing before the board, the board finds that the
86.2felonious conduct would cause a serious risk of harm to the public.
86.3(d) For licenses and registrations that have been suspended or revoked pursuant
86.4to paragraphs (a) and (b), the regulated individual may have a license or registration
86.5reinstated, either with or without restrictions, by demonstrating clear and convincing
86.6evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
86.7the conviction subsequently overturned by court decision, the board shall conduct a
86.8hearing to review the suspension within 30 days after the receipt of the court decision.
86.9The regulated individual is not required to prove rehabilitation if the subsequent court
86.10decision overturns previous court findings of public risk.
86.11(e) For licenses and registrations that have been suspended or revoked pursuant to
86.12paragraph (c), the regulated facility may have a license or registration reinstated, either with
86.13or without restrictions, conditions, or limitations, by demonstrating clear and convincing
86.14evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
86.15convicted owner has the conviction subsequently overturned by court decision, the board
86.16shall conduct a hearing to review the suspension within 30 days after receipt of the court
86.17decision. The regulated facility is not required to prove rehabilitation of the convicted
86.18owner if the subsequent court decision overturns previous court findings of public risk.
86.19(f) The board may, upon majority vote of a quorum of its appointed members,
86.20suspend the license or registration of a regulated individual without a hearing if the
86.21regulated individual fails to maintain a current name and address with the board, as
86.22described in paragraphs (h) and (i), while the regulated individual is: (1) under board
86.23investigation, and a notice of conference has been issued by the board; (2) party to a
86.24contested case with the board; (3) party to an agreement for corrective action with the
86.25board; or (4) under a board order for disciplinary action. The suspension shall remain
86.26in effect until lifted by the board to the board's receipt of a petition from the regulated
86.27individual, along with the current name and address of the regulated individual.
86.28(g) The board may, upon majority vote of a quorum of its appointed members,
86.29suspend the license or registration of a regulated facility without a hearing if the regulated
86.30facility fails to maintain a current name and address of the owner of the facility with the
86.31board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
86.32board investigation, and a notice of conference has been issued by the board; (2) party
86.33to a contested case with the board; (3) party to an agreement for corrective action with
86.34the board; or (4) under a board order for disciplinary action. The suspension shall remain
86.35in effect until lifted by the board pursuant to the board's receipt of a petition from the
86.36regulated facility, along with the current name and address of the owner of the facility.
87.1(h) An individual licensed or registered by the board shall maintain a current name
87.2and home address with the board and shall notify the board in writing within 30 days of
87.3any change in name or home address. An individual regulated by the board shall also
87.4maintain a current business address with the board as required by section 214.073. For
87.5an individual, if a name change only is requested, the regulated individual must request
87.6a revised license or registration. The board may require the individual to substantiate
87.7the name change by submitting official documentation from a court of law or agency
87.8authorized under law to receive and officially record a name change. In the case of an
87.9individual, if an address change only is requested, no request for a revised license or
87.10registration is required. If the current license or registration of an individual has been lost,
87.11stolen, or destroyed, the individual shall provide a written explanation to the board.
87.12(i) A facility licensed or registered by the board shall maintain a current name and
87.13address with the board. A facility shall notify the board in writing within 30 days of any
87.14change in name. A facility licensed or registered by the board but located outside of the
87.15state must notify the board within 30 days of an address change. A facility licensed or
87.16registered by the board and located within the state must notify the board at least 60
87.17days in advance of a change of address that will result from the move of the facility to a
87.18different location and must pass an inspection at the new location as required by the board.
87.19If the current license or registration of a facility has been lost, stolen, or destroyed, the
87.20facility shall provide a written explanation to the board.
87.21    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
87.22qualification, or restriction of a license or registration shall be in effect pending
87.23determination of an appeal. A revocation of a license pursuant to subdivision 1 is not
87.24appealable and shall remain in effect indefinitely.
87.25    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
87.26and reissue a license or registration issued under this chapter, but as a condition thereof
87.27may impose any disciplinary or corrective measure that it might originally have imposed.
87.28    Subd. 6. Temporary suspension of license for pharmacists. In addition to any
87.29other remedy provided by law, the board may, without a hearing, temporarily suspend the
87.30license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
87.31that the board is empowered to enforce and continued practice by the pharmacist would
87.32create a serious risk of harm to the public. The suspension shall take effect upon written
87.33notice to the pharmacist, specifying the statute or rule violated. The suspension shall
87.34remain in effect until the board issues a final order in the matter after a hearing. At the
87.35time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
87.36held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
88.1at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
88.2be scheduled to begin no later than 30 days after the issuance of the suspension order.
88.3    Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy
88.4technicians, and controlled substance researchers. In addition to any other remedy
88.5provided by law, the board may, without a hearing, temporarily suspend the registration of
88.6a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
88.7finds that the registrant has violated a statute or rule that the board is empowered to enforce
88.8and continued registration of the registrant would create a serious risk of harm to the
88.9public. The suspension shall take effect upon written notice to the registrant, specifying
88.10the statute or rule violated. The suspension shall remain in effect until the board issues a
88.11final order in the matter after a hearing. At the time it issues the suspension notice, the
88.12board shall schedule a disciplinary hearing to be held pursuant to the Administrative
88.13Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
88.14any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
88.15later than 30 days after the issuance of the suspension order.
88.16    Subd. 8. Temporary suspension of license for pharmacies, drug wholesalers,
88.17drug manufacturers, medical gas manufacturers, and medical gas distributors.
88.18In addition to any other remedy provided by law, the board may, without a hearing,
88.19temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
88.20manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
88.21that the licensee or registrant has violated a statute or rule that the board is empowered
88.22to enforce and continued operation of the licensed facility would create a serious risk of
88.23harm to the public. The suspension shall take effect upon written notice to the licensee or
88.24registrant, specifying the statute or rule violated. The suspension shall remain in effect
88.25until the board issues a final order in the matter after a hearing. At the time it issues the
88.26suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
88.27the Administrative Procedure Act. The licensee or registrant shall be provided with at
88.28least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
88.29scheduled to begin no later than 30 days after the issuance of the suspension order.
88.30    Subd. 9. Evidence. In disciplinary actions alleging a violation of subdivision 2,
88.31clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
88.32administrator or of the administrative agency that entered the same shall be admissible
88.33into evidence without further authentication and shall constitute prima facie evidence
88.34of the contents thereof.
88.35    Subd. 10. Mental examination; access to medical data. (a) If the board receives
88.36a complaint and has probable cause to believe that an individual licensed or registered
89.1by the board falls under subdivision 2, clause (14), it may direct the individual to submit
89.2to a mental or physical examination. For the purpose of this subdivision, every licensed
89.3or registered individual is deemed to have consented to submit to a mental or physical
89.4examination when directed in writing by the board and further to have waived all
89.5objections to the admissibility of the examining practitioner's testimony or examination
89.6reports on the grounds that the same constitute a privileged communication. Failure of a
89.7licensed or registered individual to submit to an examination when directed constitutes
89.8an admission of the allegations against the individual, unless the failure was due to
89.9circumstances beyond the individual's control, in which case a default and final order
89.10may be entered without the taking of testimony or presentation of evidence. Pharmacists
89.11affected under this paragraph shall at reasonable intervals be given an opportunity to
89.12demonstrate that they can resume the competent practice of the profession of pharmacy
89.13with reasonable skill and safety to the public. Pharmacist interns, pharmacy technicians,
89.14or controlled substance researchers affected under this paragraph shall at reasonable
89.15intervals be given an opportunity to demonstrate that they can competently resume the
89.16duties that can be performed, under this chapter or the rules of the board, by similarly
89.17registered persons with reasonable skill and safety to the public. In any proceeding under
89.18this paragraph, neither the record of proceedings nor the orders entered by the board shall
89.19be used against a licensed or registered individual in any other proceeding.
89.20(b) Notwithstanding section 13.384, 144.651, or any other law limiting access to
89.21medical or other health data, the board may obtain medical data and health records relating
89.22to an individual licensed or registered by the board, or to an applicant for licensure or
89.23registration, without the individual's consent when the board receives a complaint and has
89.24probable cause to believe that the individual is practicing in violation of subdivision 2,
89.25clause (14), and the data and health records are limited to the complaint. The medical
89.26data may be requested from a provider, as defined in section 144.291, subdivision 2,
89.27paragraph (h), an insurance company, or a government agency, including the Department
89.28of Human Services. A provider, insurance company, or government agency shall comply
89.29with any written request of the board under this subdivision and is not liable in any
89.30action for damages for releasing the data requested by the board if the data are released
89.31pursuant to a written request under this subdivision, unless the information is false and
89.32the provider giving the information knew, or had reason to believe, the information was
89.33false. Information obtained under this subdivision is classified as private under sections
89.3413.01 to 13.87.
89.35    Subd. 11. Tax clearance certificate. (a) In addition to the provisions of subdivision
89.361, the board may not issue or renew a license or registration if the commissioner of
90.1revenue notifies the board and the licensee or applicant for a license that the licensee or
90.2applicant owes the state delinquent taxes in the amount of $500 or more. The board may
90.3issue or renew the license or registration only if (1) the commissioner of revenue issues a
90.4tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
90.5applicant forwards a copy of the clearance to the board. The commissioner of revenue
90.6may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
90.7the state any uncontested delinquent taxes.
90.8(b) For purposes of this subdivision, the following terms have the meanings given.
90.9(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
90.10and interest due on those taxes.
90.11(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
90.12action that contests the amount or validity of the liability has been filed or served, (ii) the
90.13appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
90.14has entered into a payment agreement to pay the liability and is current with the payments.
90.15(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
90.16registrant, or applicant is required to obtain a clearance certificate under this subdivision,
90.17a contested case hearing must be held if the licensee or applicant requests a hearing in
90.18writing to the commissioner of revenue within 30 days of the date of the notice provided
90.19in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
90.20revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
90.21to the contrary, the licensee or applicant must be served with 20 days' notice in writing
90.22specifying the time and place of the hearing and the allegations against the licensee or
90.23applicant. The notice may be served personally or by mail.
90.24(d) A licensee or applicant must provide the licensee's or applicant's Social Security
90.25number and Minnesota business identification number on all license applications. Upon
90.26request of the commissioner of revenue, the board must provide to the commissioner of
90.27revenue a list of all licensees and applicants that includes the licensee's or applicant's
90.28name, address, Social Security number, and business identification number. The
90.29commissioner of revenue may request a list of the licensees and applicants no more than
90.30once each calendar year.
90.31    Subd. 12. Limitation. No board proceeding against a regulated person or facility
90.32shall be instituted unless commenced within seven years from the date of the commission
90.33of some portion of the offense or misconduct complained of except for alleged violations
90.34of subdivision 2, clause (21).

90.35    Sec. 4. [151.072] REPORTING OBLIGATIONS.
91.1    Subdivision 1. Permission to report. A person who has knowledge of any conduct
91.2constituting grounds for discipline under the provisions of this chapter or the rules of the
91.3board may report the violation to the board.
91.4    Subd. 2. Pharmacies. A pharmacy located in this state must report to the board any
91.5discipline that is related to an incident involving conduct that would constitute grounds
91.6for discipline under the provisions of this chapter or the rules of the board, that is taken
91.7by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
91.8pharmacy technician, including the termination of employment of the individual or the
91.9revocation, suspension, restriction, limitation, or conditioning of an individual's ability
91.10to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
91.11resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
91.12any disciplinary proceeding, or prior to the commencement of formal charges but after the
91.13individual had knowledge that formal charges were contemplated or in preparation. Each
91.14report made under this subdivision must state the nature of the action taken and state in
91.15detail the reasons for the action. Failure to report violations as required by this subdivision
91.16is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
91.17    Subd. 3. Licensees and registrants of the board. A licensee or registrant of
91.18the board shall report to the board personal knowledge of any conduct that the person
91.19reasonably believes constitutes grounds for disciplinary action under this chapter or
91.20the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
91.21controlled substance researcher, including any conduct indicating that the person may be
91.22professionally incompetent, or may have engaged in unprofessional conduct or may be
91.23medically or physically unable to engage safely in the practice of pharmacy or to carry
91.24out the duties permitted to the person by this chapter or the rules of the board. Failure
91.25to report violations as required by this subdivision is a basis for discipline pursuant to
91.26section 151.071, subdivision 2, clause (20).
91.27    Subd. 4. Self-reporting. A licensee or registrant of the board shall report to the
91.28board any personal action that would require that a report be filed with the board pursuant
91.29to subdivision 2.
91.30    Subd. 5. Deadlines; forms. Reports required by subdivisions 2 to 4 must be
91.31submitted not later than 30 days after the occurrence of the reportable event or transaction.
91.32The board may provide forms for the submission of reports required by this section, may
91.33require that reports be submitted on the forms provided, and may adopt rules necessary
91.34to assure prompt and accurate reporting.
91.35    Subd. 6. Subpoenas. The board may issue subpoenas for the production of any
91.36reports required by subdivisions 2 to 4 or any related documents.

92.1    Sec. 5. [151.073] IMMUNITY.
92.2    Subdivision 1. Reporting. Any person, health care facility, business, or organization
92.3is immune from civil liability or criminal prosecution for submitting in good faith a report
92.4to the board under section 151.072 or for otherwise reporting in good faith to the board
92.5violations or alleged violations of this chapter or the rules of the board. All such reports
92.6are investigative data as defined in chapter 13.
92.7    Subd. 2. Investigation. (a) Members of the board and persons employed by the board
92.8or engaged on behalf of the board in the investigation of violations and in the preparation
92.9and management of charges or violations of this chapter of the rules of the board, or persons
92.10participating in the investigation or testifying regarding charges of violations, when acting
92.11in good faith, are immune from civil liability for any actions, transactions, or publications
92.12in the execution of, or relating to, their duties under this chapter or the rules of the board.
92.13(b) Members of the board and persons employed by the board or engaged in
92.14maintaining records and making reports regarding adverse health care events are immune
92.15from civil liability for any actions, transactions, or publications in the execution of, or
92.16relating to, their duties under section 151.301.

92.17    Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
92.18An individual who is licensed or registered by the board, who is the subject of an
92.19investigation by or on behalf of the board, shall cooperate fully with the investigation.
92.20An owner or employee of a facility that is licensed or registered by the board, when the
92.21facility is the subject of an investigation by or on behalf of the board, shall cooperate
92.22fully with the investigation. Cooperation includes responding fully and promptly to any
92.23question raised by, or on behalf of, the board relating to the subject of the investigation and
92.24providing copies of patient pharmacy records and other relevant records, as reasonably
92.25requested by the board, to assist the board in its investigation. The board shall maintain
92.26any records obtained pursuant to this section as investigative data pursuant to chapter 13.

92.27    Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
92.28Upon judicial review of any board disciplinary action taken under this chapter, the
92.29reviewing court shall seal the administrative record, except for the board's final decision,
92.30and shall not make the administrative record available to the public.

92.31    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
92.32151.211 RECORDS OF PRESCRIPTIONS.
93.1    Subdivision 1. Retention of prescription drug orders. All prescriptions dispensed
93.2 prescription drug orders shall be kept on file at the location in from which such dispensing
93.3occurred of the ordered drug occurs for a period of at least two years. Prescription drug
93.4orders that are electronically prescribed must be kept on file in the format in which
93.5they were originally received. Written or printed prescription drug orders and verbal
93.6prescription drug orders reduced to writing, must be kept on file as received or transcribed,
93.7except that such orders may be kept in an electronic format as allowed by the board.
93.8Electronic systems used to process and store prescription drug orders must be compliant
93.9with the requirements of this chapter and the rules of the board. Prescription drug orders
93.10that are stored in an electronic format, as permitted by this subdivision, may be kept on
93.11file at a remote location provided that they are readily and securely accessible from the
93.12location at which dispensing of the ordered drug occurred.
93.13    Subd. 2. Refill requirements. No A prescription shall drug order may be refilled
93.14except only with the written, electronic, or verbal consent of the prescriber and in
93.15accordance with the requirements of this chapter, the rules of the board, and where
93.16applicable, section 152.11. The date of such refill must be recorded and initialed upon
93.17the original prescription drug order, or within the electronically maintained record of the
93.18original prescription drug order, by the pharmacist, pharmacist intern, or practitioner
93.19who refills the prescription.

93.20    Sec. 9. [151.251] COMPOUNDING.
93.21    Subdivision 1. Exemption from manufacturing licensure requirement. Section
93.22151.252 shall not apply to:
93.23(1) a practitioner engaged in extemporaneous compounding, anticipatory
93.24compounding, or compounding not done pursuant to a prescription drug order when
93.25permitted by this chapter or the rules of the board; and
93.26(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
93.27anticipatory compounding, or compounding not done pursuant to a prescription drug order
93.28when permitted by this chapter or the rules of the board.
93.29    Subd. 2. Compounded drug. A drug product may be compounded under this
93.30section if a pharmacist or practitioner:
93.31(1) compounds the drug product using bulk drug substances, as defined in the federal
93.32regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
93.33(i) that:
94.1(A) comply with the standards of an applicable United States Pharmacopoeia
94.2or National Formulary monograph, if a monograph exists, and the United States
94.3Pharmacopoeia chapter on pharmacy compounding;
94.4(B) if such a monograph does not exist, are drug substances that are components of
94.5drugs approved for use in this country by the United States Food and Drug Administration;
94.6or
94.7(C) if such a monograph does not exist and the drug substance is not a component of
94.8a drug approved for use in this country by the United States Food and Drug Administration,
94.9that appear on a list developed by the United States Food and Drug Administration through
94.10regulations issued by the secretary of the federal Department of Health and Human Services
94.11pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
94.12(ii) that are manufactured by an establishment that is registered under section 360
94.13of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
94.14registered under section 360(i) of that act; and
94.15(iii) that are accompanied by valid certificates of analysis for each bulk drug
94.16substance;
94.17(2) compounds the drug product using ingredients, other than bulk drug substances,
94.18that comply with the standards of an applicable United States Pharmacopoeia or National
94.19Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
94.20chapters on pharmacy compounding;
94.21(3) does not compound a drug product that appears on a list published by the secretary
94.22of the federal Department of Health and Human Services in the Federal Register of drug
94.23products that have been withdrawn or removed from the market because such drug products
94.24or components of such drug products have been found to be unsafe or not effective;
94.25(4) does not compound any drug products that are essentially copies of a
94.26commercially available drug product; and
94.27(5) does not compound any drug product that has been identified pursuant to
94.28United States Code, title 21, section 353a, as a drug product that presents demonstrable
94.29difficulties for compounding that reasonably demonstrate an adverse effect on the safety
94.30or effectiveness of that drug product.
94.31The term "essentially a copy of a commercially available drug product" does not
94.32include a drug product in which there is a change, made for an identified individual
94.33patient, that produces for that patient a significant difference, as determined by the
94.34prescribing practitioner, between the compounded drug and the comparable commercially
94.35available drug product.
94.36    Subd. 3. Exceptions. This section shall not apply to:
95.1(1) compounded positron emission tomography drugs as defined in section 151.01,
95.2subdivision 38; or
95.3(2) radiopharmaceuticals.

95.4    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
95.5a subdivision to read:
95.6    Subd. 1a. Outsourcing facility. (a) No person shall act as an outsourcing facility
95.7without first obtaining a license from the board and paying any applicable manufacturer
95.8licensing fee specified in section 151.065.
95.9(b) Application for an outsourcing facility license under this section shall be made
95.10in a manner specified by the board and may differ from the application required of other
95.11drug manufacturers.
95.12(c) No license shall be issued or renewed for an outsourcing facility unless the
95.13applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
95.14state law and according to Minnesota Rules.
95.15(d) No license shall be issued or renewed for an outsourcing facility unless the
95.16applicant supplies the board with proof of such registration by the United States Food and
95.17Drug Administration as required by United States Code, title 21, section 353b.
95.18(e) No license shall be issued or renewed for an outsourcing facility that is required
95.19to be licensed or registered by the state in which it is physically located unless the
95.20applicant supplies the board with proof of such licensure or registration. The board may
95.21establish, by rule, standards for the licensure of an outsourcing facility that is not required
95.22to be licensed or registered by the state in which it is physically located.
95.23(f) The board shall require a separate license for each outsourcing facility located
95.24within the state and for each outsourcing facility located outside of the state at which drugs
95.25that are shipped into the state are prepared.
95.26(g) The board shall not issue an initial or renewed license for an outsourcing facility
95.27unless the facility passes an inspection conducted by an authorized representative of the
95.28board. In the case of an outsourcing facility located outside of the state, the board may
95.29require the applicant to pay the cost of the inspection, in addition to the license fee in
95.30section 151.065, unless the applicant furnishes the board with a report, issued by the
95.31appropriate regulatory agency of the state in which the facility is located or by the United
95.32States Food and Drug Administration, of an inspection that has occurred within the 24
95.33months immediately preceding receipt of the license application by the board. The board
95.34may deny licensure unless the applicant submits documentation satisfactory to the board
95.35that any deficiencies noted in an inspection report have been corrected.

96.1    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
96.2151.26 EXCEPTIONS.
96.3    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly
96.4licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
96.5by the State Board of Pharmacy, nor prevent the person from administering drugs,
96.6medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
96.7practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
96.8chemicals, or poisons as may be considered appropriate in the treatment of such patient;
96.9unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
96.10provides reasonable notice of an inspection.
96.11Except for the provisions of section 151.37, nothing in this chapter applies to or
96.12interferes with the dispensing, in its original package and at no charge to the patient, of a
96.13legend drug, other than a controlled substance, that was packaged by a manufacturer and
96.14provided to the dispenser for distribution dispensing as a professional sample. Samples
96.15of a controlled substance shall only be dispensed when one of the approved indications
96.16for the controlled substance is a seizure disorder and when the sample is prepared and
96.17distributed pursuant to Code of Federal Regulations, title 21, part 203, subpart D.
96.18Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
96.19poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
96.20practice, nor to hospitals for use therein.
96.21Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
96.22at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
96.23sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
96.24this chapter shall prevent the sale of common household preparations and other drugs,
96.25chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided
96.26that this exception does not apply to any compound, substance, or derivative that is not
96.27approved for human consumption by the United States Food and Drug Administration
96.28or specifically permitted for human consumption under Minnesota law, and, when
96.29introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
96.30controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
96.31parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
96.32purpose of human consumption.
96.33Nothing in this chapter shall apply to or interfere with the vending or retailing of
96.34any nonprescription medicine or drug not otherwise prohibited by statute which that is
96.35prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
96.36labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
97.1to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
97.2cosmetics, perfumes, spices, and other commonly used household articles of a chemical
97.3nature, for use for nonmedicinal purposes.; provided that this exception does not apply
97.4to any compound, substance, or derivative that is not approved for human consumption
97.5by the United States Food and Drug Administration or specifically permitted for human
97.6consumption under Minnesota law, and, when introduced into the body, induces an effect
97.7similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
97.8subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
97.9whether the substance is marketed for the purpose of human consumption. Nothing in
97.10this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
97.11discount to persons over 65 years of age.

97.12    Sec. 12. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
97.13    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form
97.14may be manufactured, packaged or distributed for sale in this state after January 1, 1983
97.15unless it is clearly marked or imprinted with a symbol, number, company name, words,
97.16letters, national drug code or other mark uniquely identifiable to that drug product. An
97.17identifying mark or imprint made as required by federal law or by the federal Food and
97.18Drug Administration shall be deemed to be in compliance with this section.
97.19(b) The Board of Pharmacy may grant exemptions from the requirements of this
97.20section on its own initiative or upon application of a manufacturer, packager, or distributor
97.21indicating size or other characteristics which that render the product impractical for the
97.22imprinting required by this section.
97.23(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
97.24(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
97.25January 1, 1983, and held in stock for resale.
97.26(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
97.27law to prescribe or administer drugs and which are to be used solely by the patient for
97.28whom prescribed.

97.29    Sec. 13. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
97.3043, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
97.3110, section 5, is amended to read:
97.32151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
98.1    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be
98.2unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
98.3distribute a legend drug.
98.4    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
98.5professional practice only, may prescribe, administer, and dispense a legend drug, and
98.6may cause the same to be administered by a nurse, a physician assistant, or medical
98.7student or resident under the practitioner's direction and supervision, and may cause a
98.8person who is an appropriately certified, registered, or licensed health care professional
98.9to prescribe, dispense, and administer the same within the expressed legal scope of the
98.10person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
98.11legend drug, without reference to a specific patient, by directing a licensed dietitian or
98.12licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
98.13subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
98.14according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
98.15protocol when treating patients whose condition falls within such guideline or protocol,
98.16and when such guideline or protocol specifies the circumstances under which the legend
98.17drug is to be prescribed and administered. An individual who verbally, electronically, or
98.18otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
98.19not be deemed to have prescribed the legend drug. This paragraph applies to a physician
98.20assistant only if the physician assistant meets the requirements of section 147A.18.
98.21(b) The commissioner of health, if a licensed practitioner, or a person designated
98.22by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
98.23individual or by protocol for mass dispensing purposes where the commissioner finds that
98.24the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
98.25The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
98.26prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
98.27to control tuberculosis and other communicable diseases. The commissioner may modify
98.28state drug labeling requirements, and medical screening criteria and documentation, where
98.29time is critical and limited labeling and screening are most likely to ensure legend drugs
98.30reach the maximum number of persons in a timely fashion so as to reduce morbidity
98.31and mortality.
98.32    (c) A licensed practitioner that dispenses for profit a legend drug that is to be
98.33administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
98.34file with the practitioner's licensing board a statement indicating that the practitioner
98.35dispenses legend drugs for profit, the general circumstances under which the practitioner
98.36dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
99.1dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
99.2with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
99.3any amount received by the practitioner in excess of the acquisition cost of a legend drug
99.4for legend drugs that are purchased in prepackaged form, or (2) any amount received
99.5by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
99.6making the drug available if the legend drug requires compounding, packaging, or other
99.7treatment. The statement filed under this paragraph is public data under section 13.03.
99.8This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
99.9pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
99.10dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
99.11To dispense for profit does not include dispensing by a community health clinic when the
99.12profit from dispensing is used to meet operating expenses.
99.13    (d) A prescription or drug order for the following drugs is not valid, unless it can
99.14be established that the prescription or drug order was based on a documented patient
99.15evaluation, including an examination, adequate to establish a diagnosis and identify
99.16underlying conditions and contraindications to treatment:
99.17    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
99.18    (2) drugs defined by the Board of Pharmacy as controlled substances under section
99.19152.02, subdivisions 7 , 8, and 12;
99.20    (3) muscle relaxants;
99.21    (4) centrally acting analgesics with opioid activity;
99.22    (5) drugs containing butalbital; or
99.23    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
99.24    (e) For the purposes of paragraph (d), the requirement for an examination shall be
99.25met if an in-person examination has been completed in any of the following circumstances:
99.26    (1) the prescribing practitioner examines the patient at the time the prescription
99.27or drug order is issued;
99.28    (2) the prescribing practitioner has performed a prior examination of the patient;
99.29    (3) another prescribing practitioner practicing within the same group or clinic as the
99.30prescribing practitioner has examined the patient;
99.31    (4) a consulting practitioner to whom the prescribing practitioner has referred the
99.32patient has examined the patient; or
99.33    (5) the referring practitioner has performed an examination in the case of a
99.34consultant practitioner issuing a prescription or drug order when providing services by
99.35means of telemedicine.
100.1    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
100.2a drug through the use of a guideline or protocol pursuant to paragraph (a).
100.3    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
100.4prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
100.5in the Management of Sexually Transmitted Diseases guidance document issued by the
100.6United States Centers for Disease Control.
100.7    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
100.8of legend drugs through a public health clinic or other distribution mechanism approved
100.9by the commissioner of health or a board of health in order to prevent, mitigate, or treat
100.10a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
100.11biological, chemical, or radiological agent.
100.12    (i) No pharmacist employed by, under contract to, or working for a pharmacy
100.13licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
100.14prescription that the pharmacist knows, or would reasonably be expected to know, is not
100.15valid under paragraph (d).
100.16    (j) No pharmacist employed by, under contract to, or working for a pharmacy
100.17licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
100.18of this state based on a prescription that the pharmacist knows, or would reasonably be
100.19expected to know, is not valid under paragraph (d).
100.20(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
100.21practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
100.22a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
100.23treatment of a communicable disease according to the Centers For Disease Control and
100.24Prevention Partner Services Guidelines.
100.25    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant
100.26who is registered with the Board of Medical Practice and certified by the National
100.27Commission on Certification of Physician Assistants and who is under the supervising
100.28physician's supervision, the authority to prescribe, dispense, and administer legend drugs
100.29and medical devices, subject to the requirements in chapter 147A and other requirements
100.30established by the Board of Medical Practice in rules.
100.31    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of
100.32professional practice only and not for use by a human being, may personally prescribe,
100.33administer, and dispense a legend drug, and may cause the same to be administered or
100.34dispensed by an assistant under the doctor's direction and supervision.
100.35    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course
100.36of a bona fide research project, but cannot administer or dispense such drugs to human
101.1beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
101.2authorized to do so.
101.3    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
101.4use by, or administration to, patients enrolled in a bona fide research study that is being
101.5conducted pursuant to either an investigational new drug application approved by the
101.6United States Food and Drug Administration or that has been approved by an institutional
101.7review board. For the purposes of this subdivision only:
101.8    (1) a prescription drug order is not required for a pharmacy to dispense a research
101.9drug, unless the study protocol requires the pharmacy to receive such an order;
101.10    (2) notwithstanding the prescription labeling requirements found in this chapter or
101.11the rules promulgated by the board, a research drug may be labeled as required by the
101.12study protocol; and
101.13    (3) dispensing and distribution of research drugs by pharmacies shall not be
101.14considered compounding, manufacturing, or wholesaling under this chapter.; and
101.15(4) a pharmacy may compound drugs for research studies as provided in
101.16this subdivision but must follow applicable standards established by United States
101.17Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
101.18    (c) An entity that is under contract to a federal agency for the purpose of distributing
101.19drugs for bona fide research studies is exempt from the drug wholesaler licensing
101.20requirements of this chapter. Any other entity is exempt from the drug wholesaler
101.21licensing requirements of this chapter if the board finds that the entity is licensed or
101.22registered according to the laws of the state in which it is physically located and it is
101.23distributing drugs for use by, or administration to, patients enrolled in a bona fide research
101.24study that is being conducted pursuant to either an investigational new drug application
101.25approved by the United States Food and Drug Administration or that has been approved
101.26by an institutional review board.
101.27    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit
101.28the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
101.29manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
101.30bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
101.31practitioners while acting within the course of their practice only.
101.32    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall
101.33prohibit the possession of a legend drug by an employee, agent, or sales representative of
101.34a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
101.35or registered pharmacy, while acting in the course of employment.
102.1(b) Nothing in this chapter shall prohibit the following entities from possessing a
102.2legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
102.3(1) a law enforcement officer;
102.4(2) a hazardous waste transporter licensed by the Department of Transportation;
102.5(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
102.6hazardous waste, including household hazardous waste;
102.7(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
102.8very small quantity generator collection program or a minimal generator;
102.9(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
102.10a program in compliance with applicable federal law or a person authorized by the county
102.11to conduct one or more of these activities; or
102.12(6) a sanitary district organized under chapter 115, or a special law.
102.13    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the
102.14possession of a legend drug by a person for that person's use when it has been dispensed to
102.15the person in accordance with a valid prescription issued by a practitioner.
102.16(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
102.17been dispensed in accordance with a written or oral prescription by a practitioner, from
102.18designating a family member, caregiver, or other individual to handle the legend drug for
102.19the purpose of assisting the person in obtaining or administering the drug or sending
102.20the drug for destruction.
102.21(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
102.22been dispensed in accordance with a valid prescription issued by a practitioner from
102.23transferring the legend drug to a county that collects, stores, transports, or disposes of a
102.24legend drug pursuant to a program in compliance with applicable federal law or to a
102.25person authorized by the county to conduct one or more of these activities.
102.26    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to
102.27procure, possess, or control a legend drug by any of the following means:
102.28(1) deceit, misrepresentation, or subterfuge;
102.29(2) using a false name; or
102.30(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
102.31wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
102.32obtaining a legend drug.
102.33    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter
102.34shall prohibit the possession of a legend drug by an employee or agent of a registered
102.35analytical laboratory while acting in the course of laboratory employment.
103.1    Subd. 10. Purchase of drugs and other agents by commissioner of health. The
103.2commissioner of health, in preparation for and in carrying out the duties of sections
103.3144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
103.4drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
103.5antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
103.6communicable disease.
103.7    Subd. 10a. Emergency use authorizations. Nothing in this chapter shall prohibit
103.8the purchase, possession, or use of a legend drug by an entity acting according to an
103.9emergency use authorization issued by the United States Food and Drug Administration
103.10pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically
103.11tasked in a public health response plan to perform critical functions necessary to support
103.12the response to a public health incident or event.
103.13    Subd. 11. Complaint reporting Exclusion for health care educational programs.
103.14The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
103.15complaints received regarding the prescription or administration of legend drugs under
103.16section 148.576. Nothing in this section shall prohibit an accredited public or private
103.17postsecondary school from possessing a legend drug that is not a controlled substance
103.18listed in section 152.02, provided that:
103.19(1) the school is approved by the United States secretary of education in accordance
103.20with requirements of the Higher Education Act of 1965, as amended;
103.21(2) the school provides a course of instruction that prepares individuals for
103.22employment in a health care occupation or profession;
103.23(3) the school may only possess those drugs necessary for the instruction of such
103.24individuals; and
103.25(4) the drugs may only be used in the course of providing such instruction and are
103.26labeled by the purchaser to indicate that they are not to be administered to patients.
103.27Those areas of the school in which legend drugs are stored are subject to section
103.28151.06, subdivision 1, paragraph (a), clause (4).

103.29    Sec. 14. Minnesota Statutes 2012, section 151.44, is amended to read:
103.30151.44 DEFINITIONS.
103.31As used in sections 151.43 to 151.51, the following terms have the meanings given
103.32in paragraphs (a) to (h):
103.33(a) "Wholesale drug distribution" means distribution of prescription or
103.34nonprescription drugs to persons other than a consumer or patient or reverse distribution
103.35of such drugs, but does not include:
104.1(1) a sale between a division, subsidiary, parent, affiliated, or related company under
104.2the common ownership and control of a corporate entity;
104.3(2) the purchase or other acquisition, by a hospital or other health care entity that is a
104.4member of a group purchasing organization, of a drug for its own use from the organization
104.5or from other hospitals or health care entities that are members of such organizations;
104.6(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
104.7drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
104.8Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
104.9organization to the extent otherwise permitted by law;
104.10(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
104.11among hospitals or other health care entities that are under common control;
104.12(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
104.13for emergency medical reasons;
104.14(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
104.15the dispensing of a drug pursuant to a prescription;
104.16(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
104.17another retail pharmacy to alleviate a temporary shortage;
104.18(8) the distribution of prescription or nonprescription drug samples by manufacturers
104.19representatives; or
104.20(9) the sale, purchase, or trade of blood and blood components.
104.21(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
104.22distribution including, but not limited to, manufacturers; repackers repackagers; own-label
104.23distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
104.24warehouses, chain drug warehouses, and wholesale drug warehouses; independent
104.25wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
104.26wholesale drug distributor does not include a common carrier or individual hired primarily
104.27to transport prescription or nonprescription drugs.
104.28(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
104.29propagating, compounding, processing, packaging, repackaging, or labeling of a
104.30prescription drug has the meaning provided in section 151.01, subdivision 14a.
104.31(d) "Prescription drug" means a drug required by federal or state law or regulation
104.32to be dispensed only by a prescription, including finished dosage forms and active
104.33ingredients subject to United States Code, title 21, sections 811 and 812.
104.34(e) "Blood" means whole blood collected from a single donor and processed either
104.35for transfusion or further manufacturing.
105.1(f) "Blood components" means that part of blood separated by physical or
105.2mechanical means.
105.3(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
105.4received from or shipped to Minnesota locations for the purpose of returning the drugs
105.5to their producers or distributors.
105.6(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

105.7    Sec. 15. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
105.8    Subd. 2. Definitions. For purposes of this section only, the terms defined in this
105.9subdivision have the meanings given.
105.10(a) "Automated drug distribution system" or "system" means a mechanical system
105.11approved by the board that performs operations or activities, other than compounding or
105.12administration, related to the storage, packaging, or dispensing of drugs, and collects,
105.13controls, and maintains all required transaction information and records.
105.14(b) "Health care facility" means a nursing home licensed under section 144A.02;
105.15a housing with services establishment registered under section 144D.01, subdivision 4,
105.16in which a home provider licensed under chapter 144A is providing centralized storage
105.17of medications; or a community behavioral health hospital or Minnesota sex offender
105.18program facility operated by the Department of Human Services.
105.19(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
105.20is responsible for the operation of an automated drug distribution system.

105.21    Sec. 16. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
105.22    Subd. 3. Authorization. A pharmacy may use an automated drug distribution
105.23system to fill prescription drug orders for patients of a health care facility provided that the
105.24policies and procedures required by this section have been approved by the board. The
105.25automated drug distribution system may be located in a health care facility that is not at
105.26the same location as the managing pharmacy. When located within a health care facility,
105.27the system is considered to be an extension of the managing pharmacy.

105.28    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
105.29    Subd. 5. Operation of automated drug distribution systems. (a) The managing
105.30pharmacy and the pharmacist in charge are responsible for the operation of an automated
105.31drug distribution system.
105.32(b) Access to an automated drug distribution system must be limited to pharmacy
105.33and nonpharmacy personnel authorized to procure drugs from the system, except that field
106.1service technicians may access a system located in a health care facility for the purposes of
106.2servicing and maintaining it while being monitored either by the managing pharmacy, or a
106.3licensed nurse within the health care facility. In the case of an automated drug distribution
106.4system that is not physically located within a licensed pharmacy, access for the purpose
106.5of procuring drugs shall be limited to licensed nurses. Each person authorized to access
106.6the system must be assigned an individual specific access code. Alternatively, access to
106.7the system may be controlled through the use of biometric identification procedures. A
106.8policy specifying time access parameters, including time-outs, logoffs, and lockouts,
106.9must be in place.
106.10(c) For the purposes of this section only, the requirements of section 151.215 are met
106.11if the following clauses are met:
106.12(1) a pharmacist employed by and working at the managing pharmacy, or at a
106.13pharmacy that is acting as a central services pharmacy for the managing pharmacy,
106.14pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all
106.15prescription drug orders before any drug is distributed from the system to be administered
106.16to a patient. A pharmacy technician may perform data entry of prescription drug orders
106.17provided that a pharmacist certifies the accuracy of the data entry before the drug can
106.18be released from the automated drug distribution system. A pharmacist employed by
106.19and working at the managing pharmacy must certify the accuracy of the filling of any
106.20cassettes, canisters, or other containers that contain drugs that will be loaded into the
106.21automated drug distribution system; and
106.22(2) when the automated drug dispensing system is located and used within the
106.23managing pharmacy, a pharmacist must personally supervise and take responsibility for all
106.24packaging and labeling associated with the use of an automated drug distribution system.
106.25(d) Access to drugs when a pharmacist has not reviewed and approved the
106.26prescription drug order is permitted only when a formal and written decision to allow such
106.27access is issued by the pharmacy and the therapeutics committee or its equivalent. The
106.28committee must specify the patient care circumstances in which such access is allowed,
106.29the drugs that can be accessed, and the staff that are allowed to access the drugs.
106.30(e) In the case of an automated drug distribution system that does not utilize bar
106.31coding in the loading process, the loading of a system located in a health care facility may
106.32be performed by a pharmacy technician, so long as the activity is continuously supervised,
106.33through a two-way audiovisual system by a pharmacist on duty within the managing
106.34pharmacy. In the case of an automated drug distribution system that utilizes bar coding
106.35in the loading process, the loading of a system located in a health care facility may be
107.1performed by a pharmacy technician or a licensed nurse, provided that the managing
107.2pharmacy retains an electronic record of loading activities.
107.3(f) The automated drug distribution system must be under the supervision of a
107.4pharmacist. The pharmacist is not required to be physically present at the site of the
107.5automated drug distribution system if the system is continuously monitored electronically
107.6by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
107.7board must be continuously available to address any problems detected by the monitoring
107.8or to answer questions from the staff of the health care facility. The licensed pharmacy
107.9may be the managing pharmacy or a pharmacy which is acting as a central services
107.10pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

107.11    Sec. 18. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is
107.12amended to read:
107.13    Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this
107.14subdivision.
107.15(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
107.16the following substances, including their analogs, isomers, esters, ethers, salts, and salts
107.17of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
107.18ethers, and salts is possible:
107.19(1) acetylmethadol;
107.20(2) allylprodine;
107.21(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
107.22levomethadyl acetate);
107.23(4) alphameprodine;
107.24(5) alphamethadol;
107.25(6) alpha-methylfentanyl benzethidine;
107.26(7) betacetylmethadol;
107.27(8) betameprodine;
107.28(9) betamethadol;
107.29(10) betaprodine;
107.30(11) clonitazene;
107.31(12) dextromoramide;
107.32(13) diampromide;
107.33(14) diethyliambutene;
107.34(15) difenoxin;
107.35(16) dimenoxadol;
108.1(17) dimepheptanol;
108.2(18) dimethyliambutene;
108.3(19) dioxaphetyl butyrate;
108.4(20) dipipanone;
108.5(21) ethylmethylthiambutene;
108.6(22) etonitazene;
108.7(23) etoxeridine;
108.8(24) furethidine;
108.9(25) hydroxypethidine;
108.10(26) ketobemidone;
108.11(27) levomoramide;
108.12(28) levophenacylmorphan;
108.13(29) 3-methylfentanyl;
108.14(30) acetyl-alpha-methylfentanyl;
108.15(31) alpha-methylthiofentanyl;
108.16(32) benzylfentanyl beta-hydroxyfentanyl;
108.17(33) beta-hydroxy-3-methylfentanyl;
108.18(34) 3-methylthiofentanyl;
108.19(35) thenylfentanyl;
108.20(36) thiofentanyl;
108.21(37) para-fluorofentanyl;
108.22(38) morpheridine;
108.23(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
108.24(40) noracymethadol;
108.25(41) norlevorphanol;
108.26(42) normethadone;
108.27(43) norpipanone;
108.28(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
108.29(45) phenadoxone;
108.30(46) phenampromide;
108.31(47) phenomorphan;
108.32(48) phenoperidine;
108.33(49) piritramide;
108.34(50) proheptazine;
108.35(51) properidine;
108.36(52) propiram;
109.1(53) racemoramide;
109.2(54) tilidine;
109.3(55) trimeperidine.;
109.4(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
109.5(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
109.6and salts of isomers, unless specifically excepted or unless listed in another schedule,
109.7whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
109.8(1) acetorphine;
109.9(2) acetyldihydrocodeine;
109.10(3) benzylmorphine;
109.11(4) codeine methylbromide;
109.12(5) codeine-n-oxide;
109.13(6) cyprenorphine;
109.14(7) desomorphine;
109.15(8) dihydromorphine;
109.16(9) drotebanol;
109.17(10) etorphine;
109.18(11) heroin;
109.19(12) hydromorphinol;
109.20(13) methyldesorphine;
109.21(14) methyldihydromorphine;
109.22(15) morphine methylbromide;
109.23(16) morphine methylsulfonate;
109.24(17) morphine-n-oxide;
109.25(18) myrophine;
109.26(19) nicocodeine;
109.27(20) nicomorphine;
109.28(21) normorphine;
109.29(22) pholcodine;
109.30(23) thebacon.
109.31(d) Hallucinogens. Any material, compound, mixture or preparation which contains
109.32any quantity of the following substances, their analogs, salts, isomers (whether optical,
109.33positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
109.34in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
109.35isomers is possible:
109.36(1) methylenedioxy amphetamine;
110.1(2) methylenedioxymethamphetamine;
110.2(3) methylenedioxy-N-ethylamphetamine (MDEA);
110.3(4) n-hydroxy-methylenedioxyamphetamine;
110.4(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
110.5(6) 2,5-dimethoxyamphetamine (2,5-DMA);
110.6(7) 4-methoxyamphetamine;
110.7(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
110.8(9) alpha-ethyltryptamine;
110.9(10) bufotenine;
110.10(11) diethyltryptamine;
110.11(12) dimethyltryptamine;
110.12(13) 3,4,5-trimethoxy amphetamine;
110.13(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
110.14(15) ibogaine;
110.15(16) lysergic acid diethylamide (LSD);
110.16(17) mescaline;
110.17(18) parahexyl;
110.18(19) N-ethyl-3-piperidyl benzilate;
110.19(20) N-methyl-3-piperidyl benzilate;
110.20(21) psilocybin;
110.21(22) psilocyn;
110.22(23) tenocyclidine (TPCP or TCP);
110.23(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
110.24(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
110.25(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
110.26(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
110.27(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
110.28(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
110.29(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
110.30(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
110.31(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
110.32(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
110.33(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
110.34(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
110.35(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
110.36(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
111.1(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
111.2(2-CB-FLY);
111.3(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
111.4(40) alpha-methyltryptamine (AMT);
111.5(41) N,N-diisopropyltryptamine (DiPT);
111.6(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
111.7(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
111.8(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
111.9(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
111.10(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
111.11(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
111.12(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
111.13(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
111.14(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
111.15(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
111.16(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
111.17(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
111.18(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
111.19(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
111.20(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
111.21(57) methoxetamine (MXE);
111.22(58) 5-iodo-2-aminoindane (5-IAI);
111.23(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
111.24(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
111.25(25I-NBOMe).
111.26(e) Peyote. All parts of the plant presently classified botanically as Lophophora
111.27williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
111.28of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
111.29of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
111.30Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
111.31of the American Indian Church, and members of the American Indian Church are exempt
111.32from registration. Any person who manufactures peyote for or distributes peyote to the
111.33American Indian Church, however, is required to obtain federal registration annually and
111.34to comply with all other requirements of law.
111.35(f) Central nervous system depressants. Unless specifically excepted or unless listed
111.36in another schedule, any material compound, mixture, or preparation which contains any
112.1quantity of the following substances, their analogs, salts, isomers, and salts of isomers
112.2whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
112.3(1) mecloqualone;
112.4(2) methaqualone;
112.5(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
112.6(4) flunitrazepam.
112.7(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
112.8material compound, mixture, or preparation which contains any quantity of the following
112.9substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
112.10the analogs, salts, isomers, and salts of isomers is possible:
112.11    (1) aminorex;
112.12(2) cathinone;
112.13(3) fenethylline;
112.14    (4) methcathinone;
112.15(5) methylaminorex;
112.16(6) N,N-dimethylamphetamine;
112.17(7) N-benzylpiperazine (BZP);
112.18(8) methylmethcathinone (mephedrone);
112.19(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
112.20(10) methoxymethcathinone (methedrone);
112.21(11) methylenedioxypyrovalerone (MDPV);
112.22(12) fluoromethcathinone;
112.23(13) methylethcathinone (MEC);
112.24(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
112.25(15) dimethylmethcathinone (DMMC);
112.26(16) fluoroamphetamine;
112.27(17) fluoromethamphetamine;
112.28(18) α-methylaminobutyrophenone (MABP or buphedrone);
112.29(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
112.30(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
112.31(21) naphthylpyrovalerone (naphyrone); and
112.32(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
112.33alpha-pyrrolidinovalerophenone;
112.34(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
112.35MPHP); and
113.1(22) (24) any other substance, except bupropion or compounds listed under a
113.2different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
113.3at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
113.4the compound is further modified in any of the following ways:
113.5(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
113.6haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
113.7system by one or more other univalent substituents;
113.8(ii) by substitution at the 3-position with an acyclic alkyl substituent;
113.9(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
113.10methoxybenzyl groups; or
113.11(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
113.12(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
113.13specifically excepted or unless listed in another schedule, any natural or synthetic material,
113.14compound, mixture, or preparation that contains any quantity of the following substances,
113.15their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
113.16whenever the existence of the isomers, esters, ethers, or salts is possible:
113.17(1) marijuana;
113.18(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
113.19synthetic equivalents of the substances contained in the cannabis plant or in the
113.20resinous extractives of the plant, or synthetic substances with similar chemical structure
113.21and pharmacological activity to those substances contained in the plant or resinous
113.22extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
113.23tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
113.24(3) synthetic cannabinoids, including the following substances:
113.25(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
113.26structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
113.27alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
113.282-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
113.29extent and whether or not substituted in the naphthyl ring to any extent. Examples of
113.30naphthoylindoles include, but are not limited to:
113.31(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
113.32(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
113.33(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
113.34(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
113.35(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
113.36(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
114.1(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
114.2(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
114.3(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
114.4(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
114.5(ii) Napthylmethylindoles, which are any compounds containing a
114.61H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
114.7of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
114.81-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
114.9substituted in the indole ring to any extent and whether or not substituted in the naphthyl
114.10ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
114.11(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
114.12(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
114.13(iii) Naphthoylpyrroles, which are any compounds containing a
114.143-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
114.15pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
114.161-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
114.17further substituted in the pyrrole ring to any extent, whether or not substituted in the
114.18naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
114.19(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
114.20(iv) Naphthylmethylindenes, which are any compounds containing a
114.21naphthylideneindene structure with substitution at the 3-position of the indene
114.22ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
114.231-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
114.24substituted in the indene ring to any extent, whether or not substituted in the naphthyl
114.25ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
114.26E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
114.27(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
114.28structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
114.29alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
114.302-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
114.31any extent, whether or not substituted in the phenyl ring to any extent. Examples of
114.32phenylacetylindoles include, but are not limited to:
114.33(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
114.34(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
114.35(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
114.36(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
115.1(vi) Cyclohexylphenols, which are compounds containing a
115.22-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
115.3of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
115.41-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
115.5substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
115.6but are not limited to:
115.7(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
115.8(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
115.9(Cannabicyclohexanol or CP 47,497 C8 homologue);
115.10(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
115.11-phenol (CP 55,940).
115.12(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
115.13structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
115.14alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
115.152-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
115.16any extent and whether or not substituted in the phenyl ring to any extent. Examples of
115.17benzoylindoles include, but are not limited to:
115.18(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
115.19(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
115.20(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
115.21(WIN 48,098 or Pravadoline).
115.22(viii) Others specifically named:
115.23(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
115.24-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
115.25(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
115.26-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
115.27(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
115.28-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
115.29(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
115.30(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
115.31(XLR-11);
115.32(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
115.33(AKB-48(APINACA));
115.34(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
115.35(5-Fluoro-AKB-48);
115.36(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
116.1(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
116.2PB-22).;
116.3(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
116.43-carboxamide (AB-PINACA);
116.5(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
116.61H-indazole-3-carboxamide (AB-FUBINACA).
116.7(i) A controlled substance analog, to the extent that it is implicitly or explicitly
116.8intended for human consumption.

116.9ARTICLE 6
116.10HEALTH DEPARTMENT AND PUBLIC HEALTH

116.11    Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
116.12    Subd. 5. Electronic drug prior authorization standardization and transmission.
116.13    (a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
116.14Committee and the Minnesota Administrative Uniformity Committee, shall, by February
116.1515, 2010, identify an outline on how best to standardize drug prior authorization request
116.16transactions between providers and group purchasers with the goal of maximizing
116.17administrative simplification and efficiency in preparation for electronic transmissions.
116.18    (b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
116.19develop the standard companion guide by which providers and group purchasers will
116.20exchange standard drug authorization requests using electronic data interchange standards,
116.21if available, with the goal of alignment with standards that are or will potentially be used
116.22nationally.
116.23(c) No later than January 1, 2015 2016, drug prior authorization requests must be
116.24accessible and submitted by health care providers, and accepted by group purchasers,
116.25electronically through secure electronic transmissions. Facsimile shall not be considered
116.26electronic transmission.

116.27    Sec. 2. [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
116.28    Subdivision 1. Definition. For purposes of this section, "facility" has the meaning
116.29provided in United States Code, title 42, section 263b(a)(3)(A).
116.30    Subd. 2. Required notice. A facility at which a mammography examination is
116.31performed shall, if a patient is categorized by the facility as having heterogeneously
116.32dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data
116.33System established by the American College of Radiology, include in the summary of the
116.34written report that is sent to the patient, as required by the federal Mammography Quality
117.1Standards Act, United States Code, title 42, section 263b, notice that the patient has dense
117.2breast tissue, that this may make it more difficult to detect cancer on a mammogram, and
117.3that it may increase her risk of breast cancer. The following language may be used:
117.4"Your mammogram shows that your breast tissue is dense. Dense breast tissue is
117.5relatively common and is found in more than 40 percent of women. However, dense
117.6breast tissue may make it more difficult to identify precancerous lesions or cancer through
117.7a mammogram and may also be associated with an increased risk of breast cancer. This
117.8information about the results of your mammogram is given to you to raise your own
117.9awareness and to help inform your conversations with your treating clinician who has
117.10received a report of your mammogram results. Together you can decide which screening
117.11options are right for you based on your mammogram results, individual risk factors,
117.12or physical examination."

117.13    Sec. 3. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
117.14amended to read:
117.15    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph
117.16 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement
117.17from any source, including, but not limited to, the individual receiving such services
117.18and any individual or group insurance contract, plan, or policy delivered in this state,
117.19including, but not limited to, private health insurance plans, workers' compensation
117.20insurance, motor vehicle insurance, the State Employee Group Insurance Program
117.21(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
117.22which the service has been conducted and processed is licensed pursuant to sections
117.23144.50 to 144.56 or accredited by one of the following entities:
117.24(i) American College of Radiology (ACR);
117.25(ii) Intersocietal Accreditation Commission (IAC);
117.26(iii) the Joint Commission; or
117.27(iv) other relevant accreditation organization designated by the Secretary of the
117.28United States Department of Health and Human Services pursuant to United States Code,
117.29title 42, section 1395M.
117.30(2) All accreditation standards recognized under this section must include, but are
117.31not limited to:
117.32(i) provisions establishing qualifications of the physician;
117.33(ii) standards for quality control and routine performance monitoring by a medical
117.34physicist;
118.1(iii) qualifications of the technologist, including minimum standards of supervised
118.2clinical experience;
118.3(iv) guidelines for personnel and patient safety; and
118.4(v) standards for initial and ongoing quality control using clinical image review
118.5and quantitative testing.
118.6(b) Any facility that performs advanced diagnostic imaging services and is eligible
118.7to receive reimbursement for such services from any source in paragraph (a), clause (1),
118.8must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
118.9paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
118.10imaging services in the state must obtain licensure or accreditation prior to within
118.11six months of commencing operations and must, at all times, maintain either licensure
118.12pursuant to sections 144.50 to 144.56 or accreditation with an accrediting organization as
118.13provided in paragraph (a).
118.14(c) Dental clinics or offices that perform diagnostic imaging through dental cone
118.15beam computerized tomography do not need to meet the accreditation or reporting
118.16requirements in this section.
118.17EFFECTIVE DATE.The amendment to paragraph (b) is effective the day
118.18following final enactment. The amendment to paragraph (a) and paragraph (c) are
118.19effective retroactively from August 1, 2013.

118.20    Sec. 4. Minnesota Statutes 2012, section 144.414, subdivision 2, is amended to read:
118.21    Subd. 2. Day care premises. (a) Smoking is prohibited in a day care center licensed
118.22under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
118.23group family day care provider home licensed under Minnesota Rules, parts 9502.0300
118.24to 9502.0445, during its hours of operation. The proprietor of a family home or group
118.25family day care provider must disclose to parents or guardians of children cared for on the
118.26premises if the proprietor permits smoking outside of its hours of operation. Disclosure
118.27must include posting on the premises a conspicuous written notice and orally informing
118.28parents or guardians.
118.29(b) For purposes of this subdivision, the definition of smoking includes the use of
118.30electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
118.31delivery device as defined in section 609.685, subdivision 1.

118.32    Sec. 5. Minnesota Statutes 2012, section 144.414, subdivision 3, is amended to read:
118.33    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area
118.34of a hospital, health care clinic, doctor's office, licensed residential facility for children,
119.1or other health care-related facility, except that a patient or resident in a nursing home,
119.2boarding care facility, or licensed residential facility for adults may smoke in a designated
119.3separate, enclosed room maintained in accordance with applicable state and federal laws.
119.4    (b) Except as provided in section 246.0141, smoking by patients in a locked
119.5psychiatric unit may be allowed in a separated well-ventilated area in the unit under a
119.6policy established by the administrator of the program that allows the treating physician to
119.7approve smoking if, in the opinion of the treating physician, the benefits to be gained in
119.8obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
119.9(c) For purposes of this subdivision, the definition of smoking includes the use of
119.10electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
119.11delivery device as defined in section 609.685, subdivision 1.

119.12    Sec. 6. Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision
119.13to read:
119.14    Subd. 5. Electronic cigarettes. (a) The use of electronic cigarettes, including the
119.15inhaling or exhaling of vapor from any electronic delivery device, as defined in section
119.16609.685, subdivision 1, is prohibited in the following locations:
119.17(1) any building owned or operated by the state, home rule charter or statutory city,
119.18county, township, school district, or other political subdivision;
119.19(2) any facility owned by Minnesota State Colleges and Universities and the
119.20University of Minnesota;
119.21(3) any facility licensed by the commissioner of human services; or
119.22(4) any facility licensed by the commissioner of health, but only if the facility is also
119.23subject to federal licensing requirements.
119.24(b) Nothing in this subdivision shall prohibit political subdivisions or businesses
119.25from adopting more stringent prohibitions on the use of electronic cigarettes or electronic
119.26delivery devices.

119.27    Sec. 7. Minnesota Statutes 2012, section 144.4165, is amended to read:
119.28144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
119.29No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
119.30product, or inhale or exhale vapor from an electronic delivery device as defined in section
119.31609.685, subdivision 1, in a public school, as defined in section 120A.05, subdivisions
119.329, 11, and 13
, and no person under the age of 18 shall possess any of these items. This
119.33prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that
119.34a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall
120.1prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or
120.2cultural ceremony. For purposes of this section, an Indian is a person who is a member of
120.3an Indian tribe as defined in section 260.755 subdivision 12.

120.4    Sec. 8. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
120.5amended to read:
120.6    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
120.7comprehensive stroke center if the hospital has been certified as a comprehensive stroke
120.8center by the joint commission or another nationally recognized accreditation entity and
120.9the hospital participates in the Minnesota stroke registry program.

120.10    Sec. 9. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
120.11amended to read:
120.12    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
120.13center if the hospital has been certified as a primary stroke center by the joint commission
120.14or another nationally recognized accreditation entity and the hospital participates in the
120.15Minnesota stroke registry program.

120.16    Sec. 10. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is
120.17amended to read:
120.18    Subd. 2. Designation. A hospital that voluntarily meets the criteria for a
120.19comprehensive stroke center, primary stroke center, or acute stroke ready hospital may
120.20apply to the commissioner for designation, and upon the commissioner's review and
120.21approval of the application, shall be designated as a comprehensive stroke center, a
120.22primary stroke center, or an acute stroke ready hospital for a three-year period. If a
120.23hospital loses its certification as a comprehensive stroke center or primary stroke center
120.24from the joint commission or other nationally recognized accreditation entity, or no
120.25longer participates in the Minnesota stroke registry program, its Minnesota designation
120.26shall be immediately withdrawn. Prior to the expiration of the three-year designation, a
120.27hospital seeking to remain part of the voluntary acute stroke system may reapply to the
120.28commissioner for designation.

120.29    Sec. 11. [144.497] ST ELEVATION MYOCARDIAL INFARCTION.
120.30The commissioner of health shall assess and report on the quality of care provided in
120.31the state for ST elevation myocardial infarction response and treatment. The commissioner
120.32shall:
121.1(1) utilize and analyze data provided by ST elevation myocardial infarction receiving
121.2centers to the ACTION Registry-Get with the guidelines or an equivalent data platform
121.3that does not identify individuals or associate specific ST elevation myocardial infarction
121.4heart attack events with an identifiable individual;
121.5(2) quarterly post a summary report of the data in aggregate form on the Department
121.6of Health Web site;
121.7(3) annually inform the legislative committees with jurisdiction over public health
121.8of progress toward improving the quality of care and patient outcomes for ST elevation
121.9myocardial infarctions; and
121.10(4) coordinate to the extent possible with national voluntary health organizations
121.11involved in ST elevation myocardial infarction heart attack quality improvement to
121.12encourage ST elevation myocardial infarction receiving centers to report data consistent
121.13with nationally recognized guidelines on the treatment of individuals with confirmed ST
121.14elevation myocardial infarction heart attacks within the state and encourage sharing of
121.15information among health care providers on ways to improve the quality of care of ST
121.16elevation myocardial infarction patients in Minnesota.

121.17    Sec. 12. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
121.18    Subdivision 1. Notice required. A hospital shall give a written notice about victim
121.19rights and available resources to a person seeking medical services in the hospital who
121.20reports to hospital staff or presents evidence of a sexual assault or other unwanted
121.21sexual contact or sexual penetration. The hospital shall make a good faith effort to
121.22provide this notice prior to medical treatment or the examination performed for the
121.23purpose of gathering evidence, subject to applicable federal and state laws and regulations
121.24regarding the provision of medical care, and in a manner that does not interfere with any
121.25medical screening examination or initiation of treatment necessary to stabilize a victim's
121.26emergency medical condition.
121.27    Subd. 2. Contents of notice. The commissioners of health and public safety, in
121.28consultation with sexual assault victim advocates and health care professionals, shall
121.29develop the notice required by subdivision 1. The notice must inform the victim, at a
121.30minimum, of:
121.31(1) the obligation under section 609.35 of the county where the criminal sexual
121.32conduct occurred to pay for the examination performed for the purpose of gathering
121.33evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
121.34to law enforcement, and that the victim may incur expenses for treatment of injuries; and
122.1(2) the victim's rights if the crime is reported to law enforcement, including the
122.2victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
122.3how to apply for reparations, and information on how to obtain an order for protection or
122.4a harassment restraining order.

122.5    Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
122.6is amended to read:
122.7    Subd. 8. Correction orders. (a) A correction order may be issued whenever the
122.8commissioner finds upon survey or during a complaint investigation that a home care
122.9provider, a managerial official, or an employee of the provider is not in compliance with
122.10sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
122.11document areas of noncompliance and the time allowed for correction.
122.12(b) The commissioner shall mail copies of any correction order within 30 calendar
122.13days after an exit survey to the last known address of the home care provider, or
122.14electronically scan the correction order and e-mail it to the last known home care provider
122.15e-mail address, within 30 calendar days after the survey exit date. A copy of each
122.16correction order and copies of any documentation supplied to the commissioner shall be
122.17kept on file by the home care provider, and public documents shall be made available for
122.18viewing by any person upon request. Copies may be kept electronically.
122.19(c) By the correction order date, the home care provider must document in the
122.20provider's records any action taken to comply with the correction order. The commissioner
122.21may request a copy of this documentation and the home care provider's action to respond
122.22to the correction order in future surveys, upon a complaint investigation, and as otherwise
122.23needed.
122.24EFFECTIVE DATE.This section is effective August 1, 2014, and for current
122.25licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

122.26    Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
122.27is amended to read:
122.28    Subd. 12. Reconsideration. (a) The commissioner shall make available to home
122.29care providers a correction order reconsideration process. This process may be used
122.30to challenge the correction order issued, including the level and scope described in
122.31subdivision 11, and any fine assessed. During the correction order reconsideration
122.32request, the issuance for the correction orders under reconsideration are not stayed, but
122.33the department shall post information on the Web site with the correction order that the
122.34licensee has requested a reconsideration and that the review is pending.
123.1(b) A licensed home care provider may request from the commissioner, in writing,
123.2a correction order reconsideration regarding any correction order issued to the provider.
123.3 The written request for reconsideration must be received by the commissioner within 15
123.4calendar days of the correction order receipt date. The correction order reconsideration shall
123.5not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
123.6or reviewing of the correction order being disputed. The correction order reconsiderations
123.7may be conducted in person, by telephone, by another electronic form, or in writing, as
123.8determined by the commissioner. The commissioner shall respond in writing to the request
123.9from a home care provider for a correction order reconsideration within 60 days of the
123.10date the provider requests a reconsideration. The commissioner's response shall identify
123.11the commissioner's decision regarding each citation challenged by the home care provider.
123.12(c) The findings of a correction order reconsideration process shall be one or more of
123.13the following:
123.14(1) supported in full, the correction order is supported in full, with no deletion of
123.15findings to the citation;
123.16(2) supported in substance, the correction order is supported, but one or more
123.17findings are deleted or modified without any change in the citation;
123.18(3) correction order cited an incorrect home care licensing requirement, the correction
123.19order is amended by changing the correction order to the appropriate statutory reference;
123.20(4) correction order was issued under an incorrect citation, the correction order is
123.21amended to be issued under the more appropriate correction order citation;
123.22(5) the correction order is rescinded;
123.23(6) fine is amended, it is determined that the fine assigned to the correction order
123.24was applied incorrectly; or
123.25(7) the level or scope of the citation is modified based on the reconsideration.
123.26(d) If the correction order findings are changed by the commissioner, the
123.27commissioner shall update the correction order Web site.
123.28(e) This subdivision does not apply to temporary licensees.
123.29EFFECTIVE DATE.This section is effective August 1, 2014, and for current
123.30licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

123.31    Sec. 15. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
123.32is amended to read:
123.33    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
123.34the home care provider shall be entitled to notice and a hearing as provided by sections
123.3514.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
124.1without a prior contested case hearing, temporarily suspend a license or prohibit delivery
124.2of services by a provider for not more than 90 days if the commissioner determines that
124.3the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
124.4as defined in section 144A.474, subdivision 11, paragraph (b), provided:
124.5(1) advance notice is given to the home care provider;
124.6(2) after notice, the home care provider fails to correct the problem;
124.7(3) the commissioner has reason to believe that other administrative remedies are not
124.8likely to be effective; and
124.9(4) there is an opportunity for a contested case hearing within the 90 30 days unless
124.10there is an extension granted by an administrative law judge pursuant to subdivision 3b.
124.11EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
124.12and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
124.13renewal.

124.14    Sec. 16. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
124.15adding a subdivision to read:
124.16    Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
124.17of a sanction under this section, other than for a temporary suspension, the commissioner
124.18shall request assignment of an administrative law judge. The commissioner's request must
124.19include a proposed date, time, and place of hearing. A hearing must be conducted by an
124.20administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
124.21within 90 calendar days of the request for assignment, unless an extension is requested by
124.22either party and granted by the administrative law judge for good cause or for purposes of
124.23discussing settlement. In no case shall one or more extensions be granted for a total of
124.24more than 90 calendar days unless there is a criminal action pending against the licensee.
124.25If, while a licensee continues to operate pending an appeal of an order for revocation,
124.26suspension, or refusal to renew a license, the commissioner identifies one or more new
124.27violations of law that meet the requirements of level 3 or 4 violations as defined in section
124.28144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
124.29temporarily suspend the license under the provisions in subdivision 3.
124.30EFFECTIVE DATE.This section is effective for appeals received on or after
124.31August 1, 2014.

124.32    Sec. 17. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
124.33adding a subdivision to read:
125.1    Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
125.2days of receipt of the license holder's timely appeal of a temporary suspension, the
125.3commissioner shall request assignment of an administrative law judge. The request must
125.4include a proposed date, time, and place of a hearing. A hearing must be conducted by an
125.5administrative law judge within 30 calendar days of the request for assignment, unless
125.6an extension is requested by either party and granted by the administrative law judge
125.7for good cause. The commissioner shall issue a notice of hearing by certified mail or
125.8personal service at least ten business days before the hearing. Certified mail to the last
125.9known address is sufficient. The scope of the hearing shall be limited solely to the issue of
125.10whether the temporary suspension should remain in effect and whether there is sufficient
125.11evidence to conclude that the licensee's actions or failure to comply with applicable laws
125.12are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
125.13(b) The administrative law judge shall issue findings of fact, conclusions, and a
125.14recommendation within ten business days from the date of hearing. The parties shall have
125.15ten calendar days to submit exceptions to the administrative law judge's report. The
125.16record shall close at the end of the ten-day period for submission of exceptions. The
125.17commissioner's final order shall be issued within ten business days from the close of the
125.18record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
125.19the commissioner shall issue a final order affirming the temporary immediate suspension
125.20within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
125.21license holder is prohibited from operation during the temporary suspension period.
125.22(c) When the final order under paragraph (b) affirms an immediate suspension, and a
125.23final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
125.24sanction, the licensee is prohibited from operation pending a final commissioner's order
125.25after the contested case hearing conducted under chapter 14.
125.26EFFECTIVE DATE.This section is effective August 1, 2014.

125.27    Sec. 18. Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3,
125.28is amended to read:
125.29    Subd. 3. Duties. At the commissioner's request, the advisory council shall provide
125.30advice regarding regulations of Department of Health licensed home care providers in
125.31this chapter such as, including advice on the following:
125.32(1) advice to the commissioner regarding community standards for home care
125.33practices;
125.34(2) advice to the commissioner on enforcement of licensing standards and whether
125.35certain disciplinary actions are appropriate;
126.1(3) advice to the commissioner about ways of distributing information to licensees
126.2and consumers of home care;
126.3(4) advice to the commissioner about training standards;
126.4(5) identify emerging issues and opportunities in the home care field, including the
126.5use of technology in home and telehealth capabilities; and
126.6(6) allowable home care licensing modifications and exemptions, including a method
126.7for an integrated license with an existing license for rural licensed nursing homes to
126.8provide limited home care services in an adjacent independent living apartment building
126.9owned by the licensed nursing home; and
126.10(7) perform other duties as directed by the commissioner.

126.11    Sec. 19. Minnesota Statutes 2012, section 144D.065, is amended to read:
126.12144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
126.13    (a) If a housing with services establishment registered under this chapter has a special
126.14program or special care unit for residents with Alzheimer's disease or other dementias
126.15or advertises, markets, or otherwise promotes the establishment as providing services
126.16for persons with Alzheimer's disease or related disorders other dementias, whether in a
126.17segregated or general unit, the establishment's direct care staff and their supervisors must
126.18be trained in dementia care. employees of the establishment and of the establishment's
126.19arranged home care provider must meet the following training requirements:
126.20    (1) supervisors of direct-care staff must have at least eight hours of initial training on
126.21topics specified under paragraph (b) within 120 working hours of the employment start
126.22date, and must have at least two hours of training on topics related to dementia care for
126.23each 12 months of employment thereafter;
126.24    (2) direct-care employees must have completed at least eight hours of initial training
126.25on topics specified under paragraph (b) within 160 working hours of the employment start
126.26date. Until this initial training is complete, an employee must not provide direct care unless
126.27there is another employee on site who has completed the initial eight hours of training on
126.28topics related to dementia care and who can act as a resource and assist if issues arise. A
126.29trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
126.30in paragraph (a), clause (1), must be available for consultation with the new employee until
126.31the training requirement is complete. Direct-care employees must have at least two hours
126.32of training on topics related to dementia for each 12 months of employment thereafter;
126.33    (3) staff who do not provide direct care, including maintenance, housekeeping, and
126.34food service staff, must have at least four hours of initial training on topics specified
126.35under paragraph (b) within 160 working hours of the employment start date, and must
127.1have at least two hours of training on topics related to dementia care for each 12 months of
127.2employment thereafter; and
127.3    (4) new employees may satisfy the initial training requirements by producing written
127.4proof of previously completed required training within the past 18 months.
127.5    (b) Areas of required training include:
127.6    (1) an explanation of Alzheimer's disease and related disorders;
127.7    (2) assistance with activities of daily living;
127.8    (3) problem solving with challenging behaviors; and
127.9    (4) communication skills.
127.10    (c) The establishment shall provide to consumers in written or electronic form a
127.11description of the training program, the categories of employees trained, the frequency
127.12of training, and the basic topics covered. This information satisfies the disclosure
127.13requirements of section 325F.72, subdivision 2, clause (4).
127.14    (d) Housing with services establishments not included in paragraph (a) that provide
127.15assisted living services under chapter 144G must meet the following training requirements:
127.16    (1) supervisors of direct-care staff must have at least four hours of initial training on
127.17topics specified under paragraph (b) within 120 working hours of the employment start
127.18date, and must have at least two hours of training on topics related to dementia care for
127.19each 12 months of employment thereafter;
127.20    (2) direct-care employees must have completed at least four hours of initial training
127.21on topics specified under paragraph (b) within 160 working hours of the employment start
127.22date. Until this initial training is complete, an employee must not provide direct care unless
127.23there is another employee on site who has completed the initial four hours of training on
127.24topics related to dementia care and who can act as a resource and assist if issues arise. A
127.25trainer of the requirements under paragraph (b) or supervisor meeting the requirements
127.26under paragraph (a), clause (1), must be available for consultation with the new employee
127.27until the training requirement is complete. Direct-care employees must have at least two
127.28hours of training on topics related to dementia for each 12 months of employment thereafter;
127.29    (3) staff who do not provide direct care, including maintenance, housekeeping, and
127.30food service staff, must have at least four hours of initial training on topics specified
127.31under paragraph (b) within 160 working hours of the employment start date, and must
127.32have at least two hours of training on topics related to dementia care for each 12 months of
127.33employment thereafter; and
127.34    (4) new employees may satisfy the initial training requirements by producing written
127.35proof of previously completed required training within the past 18 months.
127.36EFFECTIVE DATE.This section is effective January 1, 2016.

128.1    Sec. 20. [144D.10] MANAGER REQUIREMENTS.
128.2    (a) The person primarily responsible for oversight and management of a housing
128.3with services establishment, as designated by the owner of the housing with services
128.4establishment, must obtain at least 30 hours of continuing education every two years of
128.5employment as the manager in topics relevant to the operations of the housing with services
128.6establishment and the needs of its tenants. Continuing education earned to maintain a
128.7professional license, such as nursing home administrator license, nursing license, social
128.8worker license, and real estate license, can be used to complete this requirement.
128.9    (b) For managers of establishments identified in section 325F.72, this continuing
128.10education must include at least eight hours of documented training on the topics identified
128.11in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
128.12training on these topics for each 12 months of employment thereafter.
128.13    (c) For managers of establishments not covered by section 325F.72, but who provide
128.14assisted living services under chapter 144G, this continuing education must include at
128.15least four hours of documented training on the topics identified in section 144D.065,
128.16paragraph (b), within 160 working hours of hire, and two hours of training on these topics
128.17for each 12 months of employment thereafter.
128.18    (d) A statement verifying compliance with the continuing education requirement
128.19must be included in the housing with services establishment's annual registration to the
128.20commissioner of health. The establishment must maintain records for at least three years
128.21demonstrating that the person primarily responsible for oversight and management of the
128.22establishment has attended educational programs as required by this section.
128.23    (e) New managers may satisfy the initial dementia training requirements by producing
128.24written proof of previously completed required training within the past 18 months.
128.25    (f) This section does not apply to an establishment registered under section
128.26144D.025 serving the homeless.
128.27EFFECTIVE DATE.This section is effective January 1, 2016.

128.28    Sec. 21. [144D.11] EMERGENCY PLANNING.
128.29    (a) Each registered housing with services establishment must meet the following
128.30requirements:
128.31    (1) have a written emergency disaster plan that contains a plan for evacuation,
128.32addresses elements of sheltering in-place, identifies temporary relocation sites, and details
128.33staff assignments in the event of a disaster or an emergency;
128.34    (2) post an emergency disaster plan prominently;
128.35    (3) provide building emergency exit diagrams to all tenants upon signing a lease;
129.1    (4) post emergency exit diagrams on each floor; and
129.2    (5) have a written policy and procedure regarding missing tenants.
129.3    (b) Each registered housing with services establishment must provide emergency
129.4and disaster training to all staff during the initial staff orientation and annually thereafter
129.5and must make emergency and disaster training available to all tenants annually. Staff
129.6who have not received emergency and disaster training are allowed to work only when
129.7trained staff are also working on site.
129.8    (c) Each registered housing with services location must conduct and document a fire
129.9drill or other emergency drill at least every six months. To the extent possible, drills must
129.10be coordinated with local fire departments or other community emergency resources.
129.11EFFECTIVE DATE.This section is effective January 1, 2016.

129.12    Sec. 22. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
129.13to read:
129.14    Subd. 7a. Minority run health care professional associations. The commissioner
129.15shall award grants to minority run health care professional associations to achieve the
129.16following:
129.17(1) provide collaborative mental health services to minority residents;
129.18(2) provide collaborative, holistic, and culturally competent health care services in
129.19communities with high concentrations of minority residents; and
129.20(3) collaborate on recruitment, training, and placement of minorities with health
129.21care providers.

129.22    Sec. 23. Minnesota Statutes 2012, section 149A.92, is amended by adding a
129.23subdivision to read:
129.24    Subd. 11. Scope. Notwithstanding the requirements in section 149A.50, this section
129.25applies only to funeral establishments where human remains are present for the purpose
129.26of preparation and embalming, private viewings, visitations, services, and holding of
129.27human remains while awaiting final disposition. For the purpose of this subdivision,
129.28"private viewing" means viewing of a dead human body by persons designated in section
129.29149A.80, subdivision 2.

129.30    Sec. 24. Minnesota Statutes 2012, section 325H.05, is amended to read:
129.31325H.05 POSTED WARNING REQUIRED.
130.1(a) The facility owner or operator shall conspicuously post the warning sign signs
130.2 described in paragraph paragraphs (b) and (c) within three feet of each tanning station.
130.3The sign must be clearly visible, not obstructed by any barrier, equipment, or other object,
130.4and must be posted so that it can be easily viewed by the consumer before energizing the
130.5tanning equipment.
130.6(b) The warning sign required in paragraph (a) shall have dimensions not less than
130.7eight inches by ten inches, and must have the following wording:
130.8"DANGER - ULTRAVIOLET RADIATION
130.9-Follow instructions.
130.10-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
130.11injury and allergic reactions. Repeated exposure may cause premature aging
130.12of the skin and skin cancer.
130.13-Wear protective eyewear.
130.14FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
130.15IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
130.16-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
130.17Consult a physician before using sunlamp or tanning equipment if you are
130.18using medications or have a history of skin problems or believe yourself to be
130.19especially sensitive to sunlight."
130.20(c) All tanning facilities must prominently display a sign in a conspicuous place,
130.21at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
130.22person under age 18 to use any tanning equipment.

130.23    Sec. 25. [325H.085] USE BY MINORS PROHIBITED.
130.24A person under age 18 may not use any type of tanning equipment as defined by
130.25section 325H.01, subdivision 6, available in a tanning facility in this state.

130.26    Sec. 26. Minnesota Statutes 2012, section 325H.09, is amended to read:
130.27325H.09 PENALTY.
130.28Any person who leases tanning equipment or who owns a tanning facility and who
130.29operates or permits the equipment or facility to be operated in noncompliance with the
130.30requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

130.31    Sec. 27. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
130.32REGISTRATION.
131.1    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
131.2have the meanings given them.
131.3(b) "Automatic external defibrillator" or "AED" means an electronic device designed
131.4and manufactured to operate automatically or semiautomatically for the purpose of
131.5delivering an electrical current to the heart of a person in sudden cardiac arrest.
131.6(c) "AED registry" means a registry of AEDs that requires a maintenance program
131.7or package, and includes, but is not limited to: the Minnesota AED Registry, the National
131.8AED Registry, iRescU, or a manufacturer-specific program.
131.9(d) "Person" means a natural person, partnership, association, corporation, or unit
131.10of government.
131.11(e) "Public access AED" means an AED that is intended, by its markings or display,
131.12to be used or accessed by the public for the benefit of the general public that may be in the
131.13vicinity or location of that AED. It does not include an AED that is owned or used by a
131.14hospital, clinic, business, or organization that is intended to be used by staff and is not
131.15marked or displayed in a manner to encourage public access.
131.16(f) "Maintenance program or package" means a program that will alert the AED
131.17owner when the AED has electrodes and batteries due to expire or replaces those expiring
131.18electrodes and batteries for the AED owner.
131.19(g) "Public safety agency" means local law enforcement, county sheriff, municipal
131.20police, tribal agencies, state law enforcement, fire departments, including municipal
131.21departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
131.22and licensed ambulance services.
131.23(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
131.24in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
131.25placed in stationary storage, including, but not limited to, an AED used at an athletic event.
131.26(i) "Private-use AED" means an AED that is not intended to be used or accessed by
131.27the public for the benefit of the general public. This may include, but is not limited to,
131.28AEDs found in private residences.
131.29    Subd. 2. Registration. A person who purchases or obtains a public access AED shall
131.30register that device with an AED registry within 30 working days of receiving the AED.
131.31    Subd. 3. Required information. A person registering a public access AED shall
131.32provide the following information for each AED:
131.33(1) AED manufacturer, model, and serial number;
131.34(2) specific location where the AED will be kept; and
131.35(3) the title, address, and telephone number of a person in management at the
131.36business or organization where the AED is located.
132.1    Subd. 4. Information changes. The owner of a public access AED shall notify the
132.2owner's AED registry of any changes in the information that is required in the registration
132.3within 30 working days of the change occurring.
132.4    Subd. 5. Public access AED requirements. A public access AED:
132.5(1) may be inspected during regular business hours by a public safety agency with
132.6jurisdiction over the location of the AED;
132.7(2) must be kept in the location specified in the registration; and
132.8(3) must be reasonably maintained, including replacement of dead batteries and
132.9pads/electrodes, and comply with all manufacturer's recall and safety notices.
132.10    Subd. 6. Removal of AED. An authorized agent of a public safety agency with
132.11jurisdiction over the location of the AED may direct the owner of a public access AED to
132.12comply with this section. The authorized agent of the public safety agency may direct
132.13the owner of the AED to remove the AED from its public access location and to remove
132.14or cover any public signs relating to that AED if it is determined that the AED is not
132.15ready for immediate use.
132.16    Subd. 7. Private-use AEDs. The owner of a private-use AED is not subject to the
132.17requirements of this section but is encouraged to maintain the AED in a consistent manner.
132.18    Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
132.19requirements of this section but is encouraged to maintain the AED in a consistent manner.
132.20    Subd. 9. Signs. A person acquiring a public-use AED is encouraged but is not
132.21required to post signs bearing the universal AED symbol in order to increase the ease of
132.22access by the public to the AED in the event of an emergency. A person may not post any
132.23AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
132.24any AED signs by an authorized agent of a public safety agency.
132.25    Subd. 10. Emergency response plans. The owner of one or more public access
132.26AEDs shall develop an emergency response plan appropriate for the nature of the facility
132.27the AED is intended to serve.
132.28    Subd. 11. Civil liability. This section does not create any civil liability on the
132.29part of an AED owner or preclude civil liability under other law. Section 645.241 does
132.30not apply to this section.
132.31EFFECTIVE DATE.This section is effective August 1, 2014.

132.32    Sec. 28. Minnesota Statutes 2012, section 461.12, is amended to read:
132.33461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO,
132.34TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
133.1    Subdivision 1. Authorization. A town board or the governing body of a home
133.2rule charter or statutory city may license and regulate the retail sale of tobacco and,
133.3 tobacco-related devices, and electronic delivery devices as defined in section 609.685,
133.4subdivision 1
, and nicotine and lobelia delivery products as described in section 609.6855,
133.5and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
133.6The county board shall license and regulate the sale of tobacco and, tobacco-related
133.7devices, electronic delivery devices, and nicotine and lobelia products in unorganized
133.8territory of the county except on the State Fairgrounds and in a town or a home rule charter
133.9or statutory city if the town or city does not license and regulate retail sales of tobacco
133.10sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
133.11delivery products. The State Agricultural Society shall license and regulate the sale of
133.12tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
133.13delivery products on the State Fairgrounds. Retail establishments licensed by a town or
133.14city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
133.15lobelia delivery products are not required to obtain a second license for the same location
133.16under the licensing ordinance of the county.
133.17    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
133.18licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine
133.19or lobelia delivery products to a person under the age of 18 years, or violates any other
133.20provision of this chapter, the licensee shall be charged an administrative penalty of $75.
133.21An administrative penalty of $200 must be imposed for a second violation at the same
133.22location within 24 months after the initial violation. For a third violation at the same
133.23location within 24 months after the initial violation, an administrative penalty of $250
133.24must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
133.25electronic delivery devices, or nicotine or lobelia delivery products at that location must be
133.26suspended for not less than seven days. No suspension or penalty may take effect until the
133.27licensee has received notice, served personally or by mail, of the alleged violation and an
133.28opportunity for a hearing before a person authorized by the licensing authority to conduct
133.29the hearing. A decision that a violation has occurred must be in writing.
133.30    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
133.31or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
133.32products to a person under the age of 18 years must be charged an administrative penalty
133.33of $50. No penalty may be imposed until the individual has received notice, served
133.34personally or by mail, of the alleged violation and an opportunity for a hearing before a
133.35person authorized by the licensing authority to conduct the hearing. A decision that a
133.36violation has occurred must be in writing.
134.1    Subd. 4. Minors. The licensing authority shall consult with interested educators,
134.2parents, children, and representatives of the court system to develop alternative penalties
134.3for minors who purchase, possess, and consume tobacco or, tobacco-related devices,
134.4electronic delivery devices, or nicotine or lobelia delivery products. The licensing
134.5authority and the interested persons shall consider a variety of options, including, but
134.6not limited to, tobacco free education programs, notice to schools, parents, community
134.7service, and other court diversion programs.
134.8    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
134.9compliance checks at least once each calendar year at each location where tobacco is,
134.10tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
134.11are sold to test compliance with section sections 609.685 and 609.6855. Compliance
134.12checks must involve minors over the age of 15, but under the age of 18, who, with the prior
134.13written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related
134.14devices, electronic delivery devices, or nicotine or lobelia delivery products under the
134.15direct supervision of a law enforcement officer or an employee of the licensing authority.
134.16    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
134.17or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
134.18products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
134.19licensee or individual making the sale relied in good faith upon proof of age as described
134.20in section 340A.503, subdivision 6.
134.21    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
134.222 or 3 may have the decision reviewed in the district court in the same manner and
134.23procedure as provided in section 462.361.
134.24    Subd. 8. Notice to commissioner. The licensing authority under this section shall,
134.25within 30 days of the issuance of a license, inform the commissioner of revenue of the
134.26licensee's name, address, trade name, and the effective and expiration dates of the license.
134.27The commissioner of revenue must also be informed of a license renewal, transfer,
134.28cancellation, suspension, or revocation during the license period.

134.29    Sec. 29. Minnesota Statutes 2012, section 461.18, is amended to read:
134.30461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
134.31    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
134.32tobacco or tobacco-related devices, or electronic delivery devices as defined in section
134.33609.685, subdivision 1 , or nicotine or lobelia delivery products as described in section
134.34609.6855, in open displays which are accessible to the public without the intervention
134.35of a store employee.
135.1(b) [Expired August 28, 1997]
135.2(c) [Expired]
135.3(d) This subdivision shall not apply to retail stores which derive at least 90 percent
135.4of their revenue from tobacco and tobacco-related products devices and where the retailer
135.5ensures that no person younger than 18 years of age is present, or permitted to enter, at
135.6any time.
135.7    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
135.8electronic delivery devices, or nicotine or lobelia delivery products from vending
135.9machines. This subdivision does not apply to vending machines in facilities that cannot be
135.10entered at any time by persons younger than 18 years of age.
135.11    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
135.12Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
135.13and other multipack units.

135.14    Sec. 30. Minnesota Statutes 2012, section 461.19, is amended to read:
135.15461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
135.16Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
135.17restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery
135.18devices, and nicotine and lobelia products. A governing body shall give notice of its
135.19intention to consider adoption or substantial amendment of any local ordinance required
135.20under section 461.12 or permitted under this section. The governing body shall take
135.21reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
135.22known address of each licensee or person required to hold a license under section 461.12.
135.23The notice shall state the time, place, and date of the meeting and the subject matter of
135.24the proposed ordinance.

135.25    Sec. 31. [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
135.26(a) For purposes of this section, "child-resistant packaging" is defined as set forth
135.27in Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on January
135.281, 2015, when tested in accordance with the method described in Code of Federal
135.29Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
135.30(b) The sale of any liquid, whether or not such liquid contains nicotine, that is
135.31intended for human consumption and use in an electronic delivery device, as defined in
135.32section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is
135.33prohibited. All licensees under this chapter must ensure that any liquid intended for human
135.34consumption and use in an electronic delivery device is sold in child-resistant packaging.
136.1(c) A licensee that fails to comply with this section is subject to administrative
136.2penalties under section 461.12, subdivision 2.
136.3EFFECTIVE DATE.This section is effective January 1, 2015.

136.4    Sec. 32. [461.21] KIOSK SALES PROHIBITED.
136.5No person shall sell tobacco, tobacco-related devices, or electronic delivery devices
136.6as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as
136.7described in section 609.6855, from a moveable place of business. For the purposes of this
136.8section, a moveable place of business means any retail business whose physical location is
136.9not permanent, including, but not limited to, any retail business that is operated from a
136.10kiosk, other transportable structure, or a motorized or nonmotorized vehicle.
136.11EFFECTIVE DATE.This section is effective January 1, 2015, for contracts in
136.12effect as of May 1, 2014. This section is effective August 1, 2014, for any contracts
136.13entered into after May 1, 2014.

136.14    Sec. 33. Minnesota Statutes 2012, section 609.685, is amended to read:
136.15609.685 SALE OF TOBACCO TO CHILDREN.
136.16    Subdivision 1. Definitions. For the purposes of this section, the following terms
136.17shall have the meanings respectively ascribed to them in this section.
136.18(a) "Tobacco" means cigarettes and any product containing, made, or derived from
136.19tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
136.20dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
136.21part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
136.22stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
136.23snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
136.24shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
136.25forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
136.26United States Food and Drug Administration for sale as a tobacco-cessation product, as a
136.27tobacco-dependence product, or for other medical purposes, and is being marketed and
136.28sold solely for such an approved purpose.
136.29(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
136.30other devices intentionally designed or intended to be used in a manner which enables
136.31the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
136.32Tobacco-related devices include components of tobacco-related devices which may be
136.33marketed or sold separately.
137.1(c) "Electronic delivery device" means any product containing or delivering nicotine,
137.2lobelia, or any other substance intended for human consumption that can be used by a
137.3person to simulate smoking in the delivery of nicotine or any other substance through
137.4inhalation of vapor from the product. Electronic delivery device includes any component
137.5part of a product, whether or not marketed or sold separately. Electronic delivery device
137.6does not include any product that has been approved or certified by the United States Food
137.7and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
137.8product, or for other medical purposes, and is marketed and sold for such an approved
137.9purpose.
137.10    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
137.11electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
137.12for the first violation. Whoever violates this subdivision a subsequent time within five
137.13years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
137.14(b) It is an affirmative defense to a charge under this subdivision if the defendant
137.15proves by a preponderance of the evidence that the defendant reasonably and in good faith
137.16relied on proof of age as described in section 340A.503, subdivision 6.
137.17    Subd. 2. Other offenses. (a) Whoever furnishes tobacco or, tobacco-related
137.18devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
137.19misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
137.20guilty of a gross misdemeanor.
137.21(b) A person under the age of 18 years who purchases or attempts to purchase
137.22tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's
137.23license, permit, Minnesota identification card, or any type of false identification to
137.24misrepresent the person's age, is guilty of a misdemeanor.
137.25    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
137.26whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
137.27purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery
137.28devices and is under the age of 18 years is guilty of a petty misdemeanor.
137.29    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
137.30or preclude the continuation or adoption of any local ordinance which provides for more
137.31stringent regulation of the subject matter in subdivisions 1 to 3.
137.32    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
137.33tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
137.34traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
137.35is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
138.1(b) The penalties in this section do not apply to a person under the age of 18 years
138.2who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic
138.3delivery devices while under the direct supervision of a responsible adult for training,
138.4education, research, or enforcement purposes.
138.5    Subd. 6. Seizure of false identification. A retailer may seize a form of identification
138.6listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
138.7that the form of identification has been altered or falsified or is being used to violate any
138.8law. A retailer that seizes a form of identification as authorized under this subdivision
138.9shall deliver it to a law enforcement agency within 24 hours of seizing it.

138.10    Sec. 34. Minnesota Statutes 2012, section 609.6855, is amended to read:
138.11609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
138.12    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
138.1318 years a product containing or delivering nicotine or lobelia intended for human
138.14consumption, or any part of such a product, that is not tobacco or an electronic delivery
138.15device as defined by section 609.685, is guilty of a misdemeanor for the first violation.
138.16Whoever violates this subdivision a subsequent time within five years of a previous
138.17conviction under this subdivision is guilty of a gross misdemeanor.
138.18(b) It is an affirmative defense to a charge under this subdivision if the defendant
138.19proves by a preponderance of the evidence that the defendant reasonably and in good faith
138.20relied on proof of age as described in section 340A.503, subdivision 6.
138.21(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
138.22lobelia intended for human consumption, or any part of such a product, that is not tobacco
138.23 or an electronic delivery device as defined by section 609.685, may be sold to persons
138.24under the age of 18 if the product has been approved or otherwise certified for legal sale
138.25by the United States Food and Drug Administration for tobacco use cessation, harm
138.26reduction, or for other medical purposes, and is being marketed and sold solely for that
138.27approved purpose.
138.28    Subd. 2. Other offense. A person under the age of 18 years who purchases or
138.29attempts to purchase a product containing or delivering nicotine or lobelia intended for
138.30human consumption, or any part of such a product, that is not tobacco or an electronic
138.31delivery device as defined by section 609.685, and who uses a driver's license, permit,
138.32Minnesota identification card, or any type of false identification to misrepresent the
138.33person's age, is guilty of a misdemeanor.
138.34    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
138.352, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
139.1a product containing or delivering nicotine or lobelia intended for human consumption, or
139.2any part of such a product, that is not tobacco or an electronic delivery device as defined
139.3by section 609.685, is guilty of a petty misdemeanor.

139.4    Sec. 35. EVALUATION AND REPORTING REQUIREMENTS.
139.5    (a) The commissioner of health shall consult with the Alzheimer's Association,
139.6Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
139.7care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
139.8    (1) whether additional settings, provider types, licensed and unlicensed personnel, or
139.9health care services regulated by the commissioner should be required to comply with the
139.10training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
139.11    (2) cost implications for the groups or individuals identified in clause (1) to comply
139.12with the training requirements;
139.13    (3) dementia education options available;
139.14    (4) existing dementia training mandates under federal and state statutes and rules; and
139.15    (5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
139.16144D.11, and methods to determine compliance with the training requirements.
139.17    (b) The commissioner shall report the evaluation to the chairs of the health and
139.18human services committees of the legislature no later than February 15, 2015, along with
139.19any recommendations for legislative changes.

139.20    Sec. 36. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
139.21The commissioner of health shall develop recommendations on ways to minimize
139.22triclosan health risks.

139.23    Sec. 37. REPEALER.
139.24 Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

139.25ARTICLE 7
139.26LOCAL PUBLIC HEALTH SYSTEM

139.27    Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a
139.28subdivision to read:
139.29    Subd. 1a. Areas of public health responsibility. "Areas of public health
139.30responsibility" means:
139.31(1) assuring an adequate local public health infrastructure;
139.32(2) promoting healthy communities and healthy behaviors;
140.1(3) preventing the spread of communicable disease;
140.2(4) protecting against environmental health hazards;
140.3(5) preparing for and responding to emergencies; and
140.4(6) assuring health services.

140.5    Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
140.6    Subd. 5. Community health board. "Community health board" means a board of
140.7health established, operating, and eligible for a the governing body for local public health
140.8grant under sections 145A.09 to 145A.131. in Minnesota. The community health board
140.9may be comprised of a single county, multiple contiguous counties, or in a limited number
140.10of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
140.11responsibilities and authority under this chapter.

140.12    Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
140.13to read:
140.14    Subd. 6a. Community health services administrator. "Community health services
140.15administrator" means a person who meets personnel standards for the position established
140.16under section 145A.06, subdivision 3b, and is working under a written agreement with,
140.17employed by, or under contract with a community health board to provide public health
140.18leadership and to discharge the administrative and program responsibilities on behalf of
140.19the board.

140.20    Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
140.21to read:
140.22    Subd. 8a. Local health department. "Local health department" means an
140.23operational entity that is responsible for the administration and implementation of
140.24programs and services to address the areas of public health responsibility. It is governed
140.25by a community health board.

140.26    Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
140.27to read:
140.28    Subd. 8b. Essential public health services. "Essential public health services"
140.29means the public health activities that all communities should undertake. These services
140.30serve as the framework for the National Public Health Performance Standards. In
140.31Minnesota they refer to activities that are conducted to accomplish the areas of public
140.32health responsibility. The ten essential public health services are to:
141.1(1) monitor health status to identify and solve community health problems;
141.2(2) diagnose and investigate health problems and health hazards in the community;
141.3(3) inform, educate, and empower people about health issues;
141.4(4) mobilize community partnerships and action to identify and solve health
141.5problems;
141.6(5) develop policies and plans that support individual and community health efforts;
141.7(6) enforce laws and regulations that protect health and ensure safety;
141.8(7) link people to needed personal health services and assure the provision of health
141.9care when otherwise unavailable;
141.10(8) maintain a competent public health workforce;
141.11(9) evaluate the effectiveness, accessibility, and quality of personal and
141.12population-based health services; and
141.13(10) contribute to research seeking new insights and innovative solutions to health
141.14problems.

141.15    Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
141.16    Subd. 15. Medical consultant. "Medical consultant" means a physician licensed
141.17to practice medicine in Minnesota who is working under a written agreement with,
141.18employed by, or on contract with a community health board of health to provide advice
141.19and information, to authorize medical procedures through standing orders protocols, and
141.20to assist a community health board of health and its staff in coordinating their activities
141.21with local medical practitioners and health care institutions.

141.22    Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
141.23to read:
141.24    Subd. 15a. Performance management. "Performance management" means the
141.25systematic process of using data for decision making by identifying outcomes and
141.26standards; measuring, monitoring, and communicating progress; and engaging in quality
141.27improvement activities in order to achieve desired outcomes.

141.28    Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
141.29to read:
141.30    Subd. 15b. Performance measures. "Performance measures" means quantitative
141.31ways to define and measure performance.

141.32    Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
142.1    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing
142.2body of a city or county must undertake the responsibilities of a community health board
142.3of health or establish a board of health by establishing or joining a community health
142.4board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of
142.5a board of health specified under section 145A.04.
142.6(b) A city council may ask a county or joint powers board of health to undertake
142.7the responsibilities of a board of health for the city's jurisdiction. A community health
142.8board must include within its jurisdiction a population of 30,000 or more persons or be
142.9composed of three or more contiguous counties.
142.10(c) A county board or city council within the jurisdiction of a community health
142.11board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
142.12 community health board except as specified in section 145A.10, subdivision 2 145A.131.
142.13(d) A county board or a joint powers board that establishes a community health
142.14board and has or establishes an operational human services board under chapter 402 may
142.15assign the powers and duties of a community health board to a human services board.
142.16Eligibility for funding from the commissioner will be maintained if all requirements of
142.17sections 145A.03 and 145A.04 are met.
142.18(e) Community health boards established prior to January 1, 2014, including city
142.19community health boards, are eligible to maintain their status as community health boards
142.20as outlined in this subdivision.
142.21(f) A community health board may authorize, by resolution, the community
142.22health service administrator or other designated agent or agents to act on behalf of the
142.23community health board.

142.24    Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
142.25    Subd. 2. Joint powers community health board of health. Except as preempted
142.26under section 145A.10, subdivision 2, A county may establish a joint community health
142.27board of health by agreement with one or more contiguous counties, or a an existing city
142.28community health board may establish a joint community health board of health with one
142.29or more contiguous cities in the same county, or a city may establish a joint board of health
142.30with the existing city community health boards in the same county or counties within in
142.31 which it is located. The agreements must be established according to section 471.59.

142.32    Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
142.33    Subd. 4. Membership; duties of chair. A community health board of health must
142.34have at least five members, one of whom must be elected by the members as chair and one
143.1as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
143.2of the community health board of health and sign or authorize an agent to sign contracts and
143.3other documents requiring signature on behalf of the community health board of health.

143.4    Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
143.5    Subd. 5. Meetings. A community health board of health must hold meetings at least
143.6twice a year and as determined by its rules of procedure. The board must adopt written
143.7procedures for transacting business and must keep a public record of its transactions,
143.8findings, and determinations. Members may receive a per diem plus travel and other
143.9eligible expenses while engaged in official duties.

143.10    Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a
143.11subdivision to read:
143.12    Subd. 7. Community health board; eligibility for funding. A community health
143.13board that meets the requirements of this section is eligible to receive the local public
143.14health grant under section 145A.131 and for other funds that the commissioner grants to
143.15community health boards to carry out public health activities.

143.16    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
143.1743, section 21, is amended to read:
143.18145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF
143.19HEALTH.
143.20    Subdivision 1. Jurisdiction; enforcement. (a) A county or multicounty community
143.21health board of health has the powers and duties of a board of health for all territory within
143.22its jurisdiction not under the jurisdiction of a city board of health. Under the general
143.23supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
143.24pertaining to the powers and duties of a board of health within its jurisdictional area
143.25 general responsibility for development and maintenance of a system of community health
143.26services under local administration and within a system of state guidelines and standards.
143.27(b) Under the general supervision of the commissioner, the community health board
143.28shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
143.29powers and duties within its jurisdictional area. In the case of a multicounty or city
143.30community health board, the joint powers agreement under section 145A.03, subdivision
143.312, or delegation agreement under section 145A.07 shall clearly specify enforcement
143.32authorities.
144.1(c) A member of a community health board may not withdraw from a joint powers
144.2community health board during the first two calendar years following the effective
144.3date of the initial joint powers agreement. The withdrawing member must notify the
144.4commissioner and the other parties to the agreement at least one year before the beginning
144.5of the calendar year in which withdrawal takes effect.
144.6(d) The withdrawal of a county or city from a community health board does not
144.7affect the eligibility for the local public health grant of any remaining county or city for
144.8one calendar year following the effective date of withdrawal.
144.9(e) The local public health grant for a county or city that chooses to withdraw from
144.10a multicounty community health board shall be reduced by the amount of the local
144.11partnership incentive.
144.12    Subd. 1a. Duties. Consistent with the guidelines and standards established under
144.13section 145A.06, the community health board shall:
144.14(1) identify local public health priorities and implement activities to address the
144.15priorities and the areas of public health responsibility, which include:
144.16(i) assuring an adequate local public health infrastructure by maintaining the basic
144.17foundational capacities to a well-functioning public health system that includes data
144.18analysis and utilization; health planning; partnership development and community
144.19mobilization; policy development, analysis, and decision support; communication; and
144.20public health research, evaluation, and quality improvement;
144.21(ii) promoting healthy communities and healthy behavior through activities
144.22that improve health in a population, such as investing in healthy families; engaging
144.23communities to change policies, systems, or environments to promote positive health or
144.24prevent adverse health; providing information and education about healthy communities
144.25or population health status; and addressing issues of health equity, health disparities, and
144.26the social determinants to health;
144.27(iii) preventing the spread of communicable disease by preventing diseases that are
144.28caused by infectious agents through detecting acute infectious diseases, ensuring the
144.29reporting of infectious diseases, preventing the transmission of infectious diseases, and
144.30implementing control measures during infectious disease outbreaks;
144.31(iv) protecting against environmental health hazards by addressing aspects of the
144.32environment that pose risks to human health, such as monitoring air and water quality;
144.33developing policies and programs to reduce exposure to environmental health risks and
144.34promote healthy environments; and identifying and mitigating environmental risks such as
144.35food and waterborne diseases, radiation, occupational health hazards, and public health
144.36nuisances;
145.1(v) preparing and responding to emergencies by engaging in activities that prepare
145.2public health departments to respond to events and incidents and assist communities in
145.3recovery, such as providing leadership for public health preparedness activities with
145.4a community; developing, exercising, and periodically reviewing response plans for
145.5public health threats; and developing and maintaining a system of public health workforce
145.6readiness, deployment, and response; and
145.7(vi) assuring health services by engaging in activities such as assessing the
145.8availability of health-related services and health care providers in local communities,
145.9identifying gaps and barriers in services; convening community partners to improve
145.10community health systems; and providing services identified as priorities by the local
145.11assessment and planning process; and
145.12(2) submit to the commissioner of health, at least every five years, a community
145.13health assessment and community health improvement plan, which shall be developed
145.14with input from the community and take into consideration the statewide outcomes, the
145.15areas of responsibility, and essential public health services;
145.16(3) implement a performance management process in order to achieve desired
145.17outcomes; and
145.18(4) annually report to the commissioner on a set of performance measures and be
145.19prepared to provide documentation of ability to meet the performance measures.
145.20    Subd. 2. Appointment of agent community health service (CHS) administrator.
145.21A community health board of health must appoint, employ, or contract with a person or
145.22persons CHS administrator to act on its behalf. The board shall notify the commissioner
145.23of the agent's name, address, and phone number where the agent may be reached between
145.24board meetings CHS administrator's contact information and submit a copy of the
145.25resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
145.26 The resolution must specify the types of action or actions that the CHS administrator is
145.27authorized to take on behalf of the board.
145.28    Subd. 2a. Appointment of medical consultant. The community health board shall
145.29appoint, employ, or contract with a medical consultant to ensure appropriate medical
145.30advice and direction for the community health board and assist the board and its staff in
145.31the coordination of community health services with local medical care and other health
145.32services.
145.33    Subd. 3. Employment; medical consultant employees. (a) A community health
145.34board of health may establish a health department or other administrative agency and may
145.35employ persons as necessary to carry out its duties.
146.1(b) Except where prohibited by law, employees of the community health board
146.2of health may act as its agents.
146.3(c) Employees of the board of health are subject to any personnel administration
146.4rules adopted by a city council or county board forming the board of health unless the
146.5employees of the board are within the scope of a statewide personnel administration
146.6system. Persons employed by a county, city, or the state whose functions and duties are
146.7assumed by a community health board shall become employees of the board without
146.8loss in benefits, salaries, or rights.
146.9(d) The board of health may appoint, employ, or contract with a medical consultant
146.10to receive appropriate medical advice and direction.
146.11    Subd. 4. Acquisition of property; request for and acceptance of funds;
146.12collection of fees. (a) A community health board of health may acquire and hold in the
146.13name of the county or city the lands, buildings, and equipment necessary for the purposes
146.14of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
146.15purchase, lease, or transfer of custodial control.
146.16(b) A community health board of health may accept gifts, grants, and subsidies from
146.17any lawful source, apply for and accept state and federal funds, and request and accept
146.18local tax funds.
146.19(c) A community health board of health may establish and collect reasonable fees
146.20for performing its duties and providing community health services.
146.21(d) With the exception of licensing and inspection activities, access to community
146.22health services provided by or on contract with the community health board of health must
146.23not be denied to an individual or family because of inability to pay.
146.24    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid
146.25unnecessary duplication, and gain cost advantages, a community health board of health
146.26 may contract to provide, receive, or ensure provision of services.
146.27    Subd. 6. Investigation; reporting and control of communicable diseases. A
146.28community health board of health shall make investigations, or coordinate with any
146.29county board or city council within its jurisdiction to make investigations and reports and
146.30obey instructions on the control of communicable diseases as the commissioner may
146.31direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health
146.32boards of healthmust cooperate so far as practicable to act together to prevent and control
146.33epidemic diseases.
146.34    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A community
146.35health board of health receiving funding for emergency preparedness or pandemic
146.36influenza planning from the state or from the United States Department of Health and
147.1Human Services shall participate in planning for emergency use of volunteer health
147.2professionals through the Minnesota Responds Medical Reserve Corps program of the
147.3Department of Health. A community health board of health shall collaborate on volunteer
147.4planning with other public and private partners, including but not limited to local or
147.5regional health care providers, emergency medical services, hospitals, tribal governments,
147.6state and local emergency management, and local disaster relief organizations.
147.7    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A
147.8community health board of health, county, or city participating in the Minnesota Responds
147.9Medical Reserve Corps program may enter into written mutual aid agreements for
147.10deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
147.11volunteers with other community health boards of health, other political subdivisions
147.12within the state, or with tribal governments within the state. A community health board
147.13of health may also enter into agreements with the Indian Health Services of the United
147.14States Department of Health and Human Services, and with boards of health, political
147.15subdivisions, and tribal governments in bordering states and Canadian provinces.
147.16    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When
147.17a community health board of health, county, or city finds that the prevention, mitigation,
147.18response to, or recovery from an actual or threatened public health event or emergency
147.19exceeds its local capacity, it shall use available mutual aid agreements. If the event or
147.20emergency exceeds mutual aid capacities, a community health board of health, county, or
147.21city may request the commissioner of health to mobilize Minnesota Responds Medical
147.22Reserve Corps volunteers from outside the jurisdiction of the community health board
147.23of health, county, or city.
147.24    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage.
147.25A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
147.26training or assistance at the call of a community health board of health, county, or city
147.27 must be deemed an employee of the jurisdiction for purposes of workers' compensation,
147.28tort claim defense, and indemnification.
147.29    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a
147.30member or agent of a community health board of health, county, or city may enter a
147.31building, conveyance, or place where contagion, infection, filth, or other source or cause
147.32of preventable disease exists or is reasonably suspected.
147.33    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the
147.34public health such as a public health nuisance, source of filth, or cause of sickness is found
147.35on any property, the community health board of health, county, city, or its agent shall order
147.36the owner or occupant of the property to remove or abate the threat within a time specified
148.1in the notice but not longer than ten days. Action to recover costs of enforcement under
148.2this subdivision must be taken as prescribed in section 145A.08.
148.3(b) Notice for abatement or removal must be served on the owner, occupant, or agent
148.4of the property in one of the following ways:
148.5(1) by registered or certified mail;
148.6(2) by an officer authorized to serve a warrant; or
148.7(3) by a person aged 18 years or older who is not reasonably believed to be a party to
148.8any action arising from the notice.
148.9(c) If the owner of the property is unknown or absent and has no known representative
148.10upon whom notice can be served, the community health board of health, county, or city,
148.11 or its agent, shall post a written or printed notice on the property stating that, unless the
148.12threat to the public health is abated or removed within a period not longer than ten days,
148.13the community health board, county, or city will have the threat abated or removed at the
148.14expense of the owner under section 145A.08 or other applicable state or local law.
148.15(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
148.16of the notice provided under paragraphs (b) and (c), then the community health board of
148.17health, county, city, or its a designated agent of the board, county, or city shall remove or
148.18abate the nuisance, source of filth, or cause of sickness described in the notice from the
148.19property.
148.20    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
148.21community health board of health, county, or city may bring an action in the court of
148.22appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
148.23has power to enforce, or to enjoin as a public health nuisance any activity or failure to
148.24act that adversely affects the public health.
148.25    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor
148.26deliberately to deliberately hinder a member of a community health board of health,
148.27county or city, or its agent from entering a building, conveyance, or place where contagion,
148.28infection, filth, or other source or cause of preventable disease exists or is reasonably
148.29suspected, or otherwise to interfere with the performance of the duties of the board of
148.30health responsible jurisdiction.
148.31    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for
148.32a member or agent of a community health board of health, county, or city to refuse or
148.33neglect to perform a duty imposed on a board of health an applicable jurisdiction by
148.34statute or ordinance.
149.1    Subd. 12. Other powers and duties established by law. This section does not limit
149.2powers and duties of a community health board of health, county, or city prescribed in
149.3other sections.
149.4    Subd. 13. Recommended legislation. The community health board may recommend
149.5local ordinances pertaining to community health services to any county board or city
149.6council within its jurisdiction and advise the commissioner on matters relating to public
149.7health that require assistance from the state, or that may be of more than local interest.
149.8    Subd. 14. Equal access to services. The community health board must ensure that
149.9community health services are accessible to all persons on the basis of need. No one shall
149.10be denied services because of race, color, sex, age, language, religion, nationality, inability
149.11to pay, political persuasion, or place of residence.
149.12    Subd. 15. State and local advisory committees. (a) A state community
149.13health services advisory committee is established to advise, consult with, and make
149.14recommendations to the commissioner on the development, maintenance, funding, and
149.15evaluation of local public health services. Each community health board may appoint a
149.16member to serve on the committee. The committee must meet at least quarterly, and
149.17special meetings may be called by the committee chair or a majority of the members.
149.18Members or their alternates may be reimbursed for travel and other necessary expenses
149.19while engaged in their official duties.
149.20(b) Notwithstanding section 15.059, the State Community Health Services Advisory
149.21Committee does not expire.
149.22(c) The city boards or county boards that have established or are members of a
149.23community health board may appoint a community health advisory to advise, consult
149.24with, and make recommendations to the community health board on the duties under
149.25subdivision 1a.

149.26    Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
149.27    Subd. 2. Animal control. In addition to powers under sections 35.67 to 35.69, a
149.28county board, city council, or municipality may adopt ordinances to issue licenses or
149.29otherwise regulate the keeping of animals, to restrain animals from running at large, to
149.30authorize the impounding and sale or summary destruction of animals, and to establish
149.31pounds.

149.32    Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
149.33    Subd. 2. Supervision of local enforcement. (a) In the absence of provision for a
149.34community health board of health, the commissioner may appoint three or more persons
150.1to act as a board until one is established. The commissioner may fix their compensation,
150.2which the county or city must pay.
150.3(b) The commissioner by written order may require any two or more community
150.4health boards of health, counties, or cities to act together to prevent or control epidemic
150.5diseases.
150.6(c) If a community health board, county, or city fails to comply with section 145A.04,
150.7subdivision 6
, the commissioner may employ medical and other help necessary to control
150.8communicable disease at the expense of the board of health jurisdiction involved.
150.9(d) If the commissioner has reason to believe that the provisions of this chapter have
150.10been violated, the commissioner shall inform the attorney general and submit information
150.11to support the belief. The attorney general shall institute proceedings to enforce the
150.12provisions of this chapter or shall direct the county attorney to institute proceedings.

150.13    Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a
150.14subdivision to read:
150.15    Subd. 3a. Assistance to community health boards. The commissioner shall help
150.16and advise community health boards that ask for assistance in developing, administering,
150.17and carrying out public health services and programs. This assistance may consist of,
150.18but is not limited to:
150.19(1) informational resources, consultation, and training to assist community health
150.20boards plan, develop, integrate, provide, and evaluate community health services; and
150.21(2) administrative and program guidelines and standards developed with the advice
150.22of the State Community Health Services Advisory Committee.

150.23    Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a
150.24subdivision to read:
150.25    Subd. 3b. Personnel standards. In accordance with chapter 14, and in consultation
150.26with the State Community Health Services Advisory Committee, the commissioner
150.27may adopt rules to set standards for administrative and program personnel to ensure
150.28competence in administration and planning.

150.29    Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
150.30    Subd. 5. Deadly infectious diseases. The commissioner shall promote measures
150.31aimed at preventing businesses from facilitating sexual practices that transmit deadly
150.32infectious diseases by providing technical advice to community health boards of health
151.1 to assist them in regulating these practices or closing establishments that constitute
151.2a public health nuisance.

151.3    Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a
151.4subdivision to read:
151.5    Subd. 5a. System-level performance management. To improve public health
151.6and ensure the integrity and accountability of the statewide local public health system,
151.7the commissioner, in consultation with the State Community Health Services Advisory
151.8Committee, shall develop performance measures and implement a process to monitor
151.9statewide outcomes and performance improvement.

151.10    Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
151.11    Subd. 6. Health volunteer program. (a) The commissioner may accept grants from
151.12the United States Department of Health and Human Services for the emergency system
151.13for the advanced registration of volunteer health professionals (ESAR-VHP) established
151.14under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
151.15implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
151.16(b) The commissioner may maintain a registry of volunteers for the Minnesota
151.17Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
151.18deployments within and outside the state. All state licensing and certifying boards
151.19shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
151.20volunteers' information. The commissioner may also obtain information from other states
151.21and national licensing or certifying boards for health practitioners.
151.22(c) The commissioner may share volunteers' data, including any data classified
151.23as private data, from the Minnesota Responds Medical Reserve Corps registry with
151.24community health boards of health, cities or counties, the University of Minnesota's
151.25Academic Health Center or other public or private emergency preparedness partners, or
151.26tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
151.27for credentialing, organizing, training, and deploying volunteers. Upon request of another
151.28state participating in the ESAR-VHP or of a Canadian government administering a similar
151.29health volunteer program, the commissioner may also share the volunteers' data as needed
151.30for emergency preparedness and response.

151.31    Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
151.32amended to read:
152.1    Subd. 7. Commissioner requests for health volunteers. (a) When the
152.2commissioner receives a request for health volunteers from:
152.3(1) a local board of health community health board, county, or city according to
152.4section 145A.04, subdivision 6c;
152.5(2) the University of Minnesota Academic Health Center;
152.6(3) another state or a territory through the Interstate Emergency Management
152.7Assistance Compact authorized under section 192.89;
152.8(4) the federal government through ESAR-VHP or another similar program; or
152.9(5) a tribal or Canadian government;
152.10the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
152.11Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
152.12the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
152.13respond to the request. The commissioner may also ask for Minnesota Responds Medical
152.14Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
152.15(b) The commissioner may request Minnesota Responds Medical Reserve Corps
152.16volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
152.17or temporary units providing emergency patient stabilization, medical transport, or
152.18ambulatory care. The commissioner may utilize the volunteers for training, mobilization
152.19or demobilization, inspection, maintenance, repair, or other support functions for the
152.20MMU facility or for other emergency units, as well as for provision of health care services.
152.21(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
152.22Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
152.23compensation provided by the volunteer's employer during volunteer service requested by
152.24the commissioner. An employer is not liable for actions of an employee while serving as a
152.25Minnesota Responds Medical Reserve Corps volunteer.
152.26(d) If the commissioner matches the request under paragraph (a) with Minnesota
152.27Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
152.28of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
152.29the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
152.30sending and receiving jurisdictions in monitoring deployments, and shall coordinate
152.31efforts with the division of homeland security and emergency management for out-of-state
152.32deployments through the Interstate Emergency Management Assistance Compact or
152.33other emergency management compacts.
152.34(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
152.35Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
152.36apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
153.1across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
153.2the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
153.3as of their initial deployment in response to the event or emergency that triggered a
153.4subsequent commissioner's call.
153.5(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
153.6request for training or assistance at the call of the commissioner must be deemed an
153.7employee of the state for purposes of workers' compensation and tort claim defense and
153.8indemnification under section 3.736, without regard to whether the volunteer's activity is
153.9under the direction and control of the commissioner, the division of homeland security
153.10and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
153.11hospital, alternate care site, or other health care provider treating patients from the public
153.12health event or emergency.
153.13(2) For purposes of calculating workers' compensation benefits under chapter 176,
153.14the daily wage must be the usual wage paid at the time of injury or death for similar services
153.15performed by paid employees in the community where the volunteer regularly resides, or
153.16the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
153.17(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
153.18reimbursement for travel and subsistence expenses during a deployment approved by the
153.19commissioner under this subdivision according to reimbursement limits established for
153.20paid state employees. Deployment begins when the volunteer leaves on the deployment
153.21until the volunteer returns from the deployment, including all travel related to the
153.22deployment. The Department of Health shall initially review and pay those expenses to
153.23the volunteer. Except as otherwise provided by the Interstate Emergency Management
153.24Assistance Compact in section 192.89 or agreements made thereunder, the department
153.25shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
153.26department for expenses of the volunteers.
153.27(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
153.28deployed outside the state pursuant to the Interstate Emergency Management Assistance
153.29Compact, the provisions of the Interstate Emergency Management Assistance Compact
153.30must control over any inconsistent provisions in this section.
153.31(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
153.32for workers' compensation arising out of a deployment under this section or out of a
153.33training exercise conducted by the commissioner, the volunteer's workers compensation
153.34benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
153.35volunteer may also qualify under other clauses of section 176.011, subdivision 9.

154.1    Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
154.2    Subdivision 1. Agreements to perform duties of commissioner. (a) The
154.3commissioner of health may enter into an agreement with any community health board
154.4of health or county or city that has an established delegation agreement as of January 1,
154.52014, to delegate all or part of the licensing, inspection, reporting, and enforcement duties
154.6authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to
154.7144.74 ; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction,
154.8repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28.
154.9(b) Agreements are subject to subdivision 3.
154.10(c) This subdivision does not affect agreements entered into under Minnesota
154.11Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

154.12    Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
154.13    Subd. 2. Agreements to perform duties of community health board of health.
154.14A community health board of health may authorize a township board, city council, or
154.15county board within its jurisdiction to establish a board of health under section 145A.03
154.16 and delegate to the board of health by agreement any powers or duties under sections
154.17145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community
154.18health board responsibilities. An agreement to delegate community health board powers
154.19and duties of a board of health to a county or city must be approved by the commissioner
154.20and is subject to subdivision 3.

154.21    Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
154.22145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
154.23    Subdivision 1. Cost of care. A person who has or whose dependent or spouse has a
154.24communicable disease that is subject to control by the community health board of health is
154.25financially liable to the unit or agency of government that paid for the reasonable cost of
154.26care provided to control the disease under section 145A.04, subdivision 6.
154.27    Subd. 2. Assessment of costs of enforcement. (a) If costs are assessed for
154.28enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
154.29of costs has been specified in an agreement established under section 145A.07, the
154.30enforcement costs must be assessed as prescribed in this subdivision.
154.31(b) A debt or claim against an individual owner or single piece of real property
154.32resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
154.33not exceed the cost of abatement or removal.
155.1(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
155.2assessed and charged against the real property on which the public health nuisance, source
155.3of filth, or cause of sickness was located. The auditor of the county in which the action is
155.4taken shall extend the cost so assessed and charged on the tax roll of the county against the
155.5real property on which the enforcement action was taken.
155.6(d) The cost of an enforcement action taken by a town or city board of health under
155.7section 145A.04, subdivision 8, may be recovered from the county in which the town or
155.8city is located if the city clerk or other officer certifies the costs of the enforcement action
155.9to the county auditor as prescribed in this section. Taxes equal to the full amount of the
155.10enforcement action but not exceeding the limit in paragraph (b) must be collected by the
155.11county treasurer and paid to the city or town as other taxes are collected and paid.
155.12    Subd. 3. Tax levy authorized. A city council or county board that has formed or is
155.13a member of a community health board of health may levy taxes on all taxable property in
155.14its jurisdiction to pay the cost of performing its duties under this chapter.

155.15    Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
155.16    Subd. 2. Levying taxes. In levying taxes authorized under section 145A.08,
155.17subdivision 3
, a city council or county board that has formed or is a member of a
155.18community health board must consider the income and expenditures required to meet
155.19local public health priorities established under section 145A.10, subdivision 5a 145A.04,
155.20subdivision 1a, clause (2), and statewide outcomes established under section 145A.12,
155.21subdivision 7
145A.04, subdivision 1a, clause (1).

155.22    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
155.23145A.131 LOCAL PUBLIC HEALTH GRANT.
155.24    Subdivision 1. Funding formula for community health boards. (a) Base funding
155.25for each community health board eligible for a local public health grant under section
155.26145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community
155.27health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
155.28programs: community health services subsidy; state and federal maternal and child health
155.29special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
155.30youth risk behavior grants; and available women, infants, and children grant funds in fiscal
155.31year 2003, prior to unallotment, distributed based on the proportion of WIC participants
155.32served in fiscal year 2003 within the CHS service area.
155.33(b) Base funding for a community health board eligible for a local public health grant
155.34under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph
156.1(a), shall be adjusted by the percentage difference between the base, as calculated in
156.2paragraph (a), and the funding available for the local public health grant.
156.3(c) Multicounty or multicity community health boards shall receive a local
156.4partnership base of up to $5,000 per year for each county or city in the case of a multicity
156.5community health board included in the community health board.
156.6(d) The State Community Health Advisory Committee may recommend a formula to
156.7the commissioner to use in distributing state and federal funds to community health boards
156.8organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally
156.9identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04,
156.10subdivision 1a, for use in distributing funds to community health boards beginning
156.11January 1, 2006, and thereafter.
156.12    Subd. 2. Local match. (a) A community health board that receives a local public
156.13health grant shall provide at least a 75 percent match for the state funds received through
156.14the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
156.15(b) Eligible funds must be used to meet match requirements. Eligible funds include
156.16funds from local property taxes, reimbursements from third parties, fees, other local funds,
156.17and donations or nonfederal grants that are used for community health services described
156.18in section 145A.02, subdivision 6.
156.19(c) When the amount of local matching funds for a community health board is less
156.20than the amount required under paragraph (a), the local public health grant provided for
156.21that community health board under this section shall be reduced proportionally.
156.22(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
156.23that levies a tax for provision of community health services is exempt from any county
156.24levy for the same services to the extent of the levy imposed by the city.
156.25    Subd. 3. Accountability. (a) Community health boards accepting local public health
156.26grants must document progress toward the statewide outcomes established in section
156.27145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
156.28 meet all of the requirements and perform all of the duties described in sections 145A.03
156.29and 145A.04, to maintain eligibility to receive the local public health grant.
156.30(b) In determining whether or not the community health board is documenting
156.31progress toward statewide outcomes, the commissioner shall consider the following factors:
156.32(1) whether the community health board has documented progress to meeting
156.33essential local activities related to the statewide outcomes, as specified in the grant
156.34agreement;
156.35(2) the effort put forth by the community health board toward the selected statewide
156.36outcomes;
157.1(3) whether the community health board has previously failed to document progress
157.2toward selected statewide outcomes under this section;
157.3(4) the amount of funding received by the community health board to address the
157.4statewide outcomes; and
157.5(5) other factors as the commissioner may require, if the commissioner specifically
157.6identifies the additional factors in the commissioner's written notice of determination.
157.7(c) If the commissioner determines that a community health board has not by
157.8the applicable deadline documented progress toward the selected statewide outcomes
157.9established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
157.10notify the community health board in writing and recommend specific actions that the
157.11community health board should take over the following 12 months to maintain eligibility
157.12for the local public health grant.
157.13(d) During the 12 months following the written notification, the commissioner shall
157.14provide administrative and program support to assist the community health board in
157.15taking the actions recommended in the written notification.
157.16(e) If the community health board has not taken the specific actions recommended by
157.17the commissioner within 12 months following written notification, the commissioner may
157.18determine not to distribute funds to the community health board under section 145A.12,
157.19subdivision 2
, for the next fiscal year.
157.20(f) If the commissioner determines not to distribute funds for the next fiscal year, the
157.21commissioner must give the community health board written notice of this determination
157.22and allow the community health board to appeal the determination in writing.
157.23(g) If the commissioner determines not to distribute funds for the next fiscal year
157.24to a community health board that has not documented progress toward the statewide
157.25outcomes and not taken the actions recommended by the commissioner, the commissioner
157.26may retain local public health grant funds that the community health board would have
157.27otherwise received and directly carry out essential local activities to meet the statewide
157.28outcomes, or contract with other units of government or community-based organizations
157.29to carry out essential local activities related to the statewide outcomes.
157.30(h) If the community health board that does not document progress toward the
157.31statewide outcomes is a city, the commissioner shall distribute the local public health
157.32funds that would have been allocated to that city to the county in which the city is located,
157.33if that county is part of a community health board.
157.34(i) The commissioner shall establish a reporting system by which community health
157.35boards will document their progress toward statewide outcomes. This system will be
158.1developed in consultation with the State Community Health Services Advisory Committee
158.2established in section 145A.10, subdivision 10, paragraph (a).
158.3(b) By January 1 of each year, the commissioner shall notify community health
158.4boards of the performance-related accountability requirements of the local public health
158.5grant for that calendar year. Performance-related accountability requirements will be
158.6comprised of a subset of the annual performance measures and will be selected in
158.7consultation with the State Community Health Services Advisory Committee.
158.8(c) If the commissioner determines that a community health board has not met the
158.9accountability requirements, the commissioner shall notify the community health board in
158.10writing and recommend specific actions the community health board must take over the
158.11next six months in order to maintain eligibility for the Local Public Health Act grant.
158.12(d) Following the written notification in paragraph (c), the commissioner shall
158.13provide administrative and program support to assist the community health board as
158.14required in section 145A.06, subdivision 3a.
158.15(e) The commissioner shall provide the community health board two months
158.16following the written notification to appeal the determination in writing.
158.17(f) If the community health board has not submitted an appeal within two months
158.18or has not taken the specific actions recommended by the commissioner within six
158.19months following written notification, the commissioner may elect to not reimburse
158.20invoices for funds submitted after the six-month compliance period and shall reduce by
158.211/12 the community health board's annual award allocation for every successive month
158.22of noncompliance.
158.23(g) The commissioner may retain the amount of funding that would have been
158.24allocated to the community health board and assume responsibility for public health
158.25activities in the geographic area served by the community health board.
158.26    Subd. 4. Responsibility of commissioner to ensure a statewide public health
158.27system. If a county withdraws from a community health board and operates as a board of
158.28health or If a community health board elects not to accept the local public health grant,
158.29the commissioner may retain the amount of funding that would have been allocated to
158.30the community health board using the formula described in subdivision 1 and assume
158.31responsibility for public health activities to meet the statewide outcomes in the geographic
158.32area served by the board of health or community health board. The commissioner may
158.33elect to directly provide public health activities to meet the statewide outcomes or contract
158.34with other units of government or with community-based organizations. If a city that is
158.35currently a community health board withdraws from a community health board or elects
158.36not to accept the local public health grant, the local public health grant funds that would
159.1have been allocated to that city shall be distributed to the county in which the city is
159.2located, if the county is part of a community health board.
159.3    Subd. 5. Local public health priorities Use of funds. Community health boards
159.4may use their local public health grant to address local public health priorities identified
159.5under section 145A.10, subdivision 5a. funds to address the areas of public health
159.6responsibility and local priorities developed through the community health assessment and
159.7community health improvement planning process.

159.8    Sec. 28. REVISOR'S INSTRUCTION.
159.9(a) The revisor shall change the terms "board of health" or "local board of health" or
159.10any derivative of those terms to "community health board" where it appears in Minnesota
159.11Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
159.12(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
159.13subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
159.14subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
159.156; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
159.16subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
159.17375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
159.18(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
159.19to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
159.20subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
159.2138.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
159.22subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
159.23144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
159.24144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
159.25subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

159.26    Sec. 29. REPEALER.
159.27Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
159.283 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
159.295a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall
159.30remove cross-references to these repealed sections and make changes necessary to correct
159.31punctuation, grammar, or structure of the remaining text.

160.1ARTICLE 8
160.2CONTINUING CARE

160.3    Section 1. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1,
160.4is amended to read:
160.5    Subdivision 1. Requirements for intensive support services. Except for services
160.6identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license
160.7holder providing intensive support services identified in section 245D.03, subdivision 1,
160.8paragraph (c), must comply with the requirements in this section and section 245D.07,
160.9subdivisions 1
and 3. Services identified in section 245D.03, subdivision 1, paragraph (c),
160.10clauses (1) and (2), must comply with the requirements in section 245D.07, subdivision 2.

160.11    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, is
160.12amended to read:
160.13    Subd. 4. Service outcomes and supports. (a) Within ten working days of the
160.1445-day meeting, the license holder must develop and document the service outcomes and
160.15supports based on the assessments completed under subdivision 3 and the requirements
160.16in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
160.17coordinated service and support plan addendum.
160.18(b) The license holder must document the supports and methods to be implemented
160.19to support the accomplishment of outcomes related to acquiring, retaining, or improving
160.20skills. The documentation must include:
160.21(1) the methods or actions that will be used to support the person and to accomplish
160.22the service outcomes, including information about:
160.23(i) any changes or modifications to the physical and social environments necessary
160.24when the service supports are provided;
160.25(ii) any equipment and materials required; and
160.26(iii) techniques that are consistent with the person's communication mode and
160.27learning style;
160.28(2) the measurable and observable criteria for identifying when the desired outcome
160.29has been achieved and how data will be collected;
160.30(3) the projected starting date for implementing the supports and methods and
160.31the date by which progress towards accomplishing the outcomes will be reviewed and
160.32evaluated; and
160.33(4) the names of the staff or position responsible for implementing the supports
160.34and methods.
161.1(c) Within 20 working days of the 45-day meeting, the license holder must submit
161.2to and obtain dated signatures from the person or the person's legal representative and
161.3case manager to document completion and approval of the assessment and coordinated
161.4service and support plan addendum. If, within ten working days of the submission of the
161.5assessment or coordinated service and support plan addendum, the person or the person's
161.6legal representative or case manager has not signed and returned to the license holder the
161.7assessment and coordinated service and support plan addendum or has not proposed
161.8written modifications to the license holder's submission, the submission is deemed
161.9approved and the assessment and coordinated service and support plan addendum become
161.10effective and remain in effect until the legal representative or case manager submits a
161.11written request to revise the assessment or coordinated service and support plan addendum.

161.12    Sec. 3. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is
161.13amended to read:
161.14    Subd. 4. Orientation to program requirements. Except for a license holder
161.15who does not supervise any direct support staff, within 60 calendar days of hire, unless
161.16stated otherwise, the license holder must provide and ensure completion of ten hours of
161.17orientation for direct support staff providing basic services and 30 hours of orientation
161.18for direct support staff providing intensive services that combines supervised on-the-job
161.19training with review of and instruction in the following areas:
161.20(1) the job description and how to complete specific job functions, including:
161.21(i) responding to and reporting incidents as required under section 245D.06,
161.22subdivision 1; and
161.23(ii) following safety practices established by the license holder and as required in
161.24section 245D.06, subdivision 2;
161.25(2) the license holder's current policies and procedures required under this chapter,
161.26including their location and access, and staff responsibilities related to implementation
161.27of those policies and procedures;
161.28(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
161.29federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
161.30responsibilities related to complying with data privacy practices;
161.31(4) the service recipient rights and staff responsibilities related to ensuring the
161.32exercise and protection of those rights according to the requirements in section 245D.04;
161.33(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
161.34reporting and service planning for children and vulnerable adults, and staff responsibilities
161.35related to protecting persons from maltreatment and reporting maltreatment. This
162.1orientation must be provided within 72 hours of first providing direct contact services and
162.2annually thereafter according to section 245A.65, subdivision 3;
162.3(6) the principles of person-centered service planning and delivery as identified in
162.4section 245D.07, subdivision 1a, and how they apply to direct support service provided
162.5by the staff person; and
162.6(7) the safe and correct use of manual restraint on an emergency basis according to
162.7the requirements in section 245D.061 and what constitutes the use of restraints, time out,
162.8and seclusion, including chemical restraint;
162.9(8) staff responsibilities related to prohibited procedures under section 245D.06,
162.10subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
162.11or undesired behavior, and why such procedures are not safe;
162.12(9) basic first aid; and
162.13(10) other topics as determined necessary in the person's coordinated service and
162.14support plan by the case manager or other areas identified by the license holder.

162.15    Sec. 4. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, is
162.16amended to read:
162.17    Subd. 4a. Orientation to individual service recipient needs. (a) Before having
162.18unsupervised direct contact with a person served by the program, or for whom the staff
162.19person has not previously provided direct support, or any time the plans or procedures
162.20identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive
162.21instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff
162.22person's job functions for that person.
162.23(b) For community residential services, training and competency evaluations must
162.24include the following, if identified in the coordinated service and support plan:
162.25(1) appropriate and safe techniques in personal hygiene and grooming, including
162.26hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
162.27daily living (ADLs) as defined under section 256B.0659, subdivision 1;
162.28(2) an understanding of what constitutes a healthy diet according to data from the
162.29Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
162.30(3) skills necessary to provide appropriate support in instrumental activities of daily
162.31living (IADLs) as defined under section 256B.0659, subdivision 1; and
162.32(4) demonstrated competence in providing first aid.
162.33(c) The staff person must review and receive instruction on the person's coordinated
162.34service and support plan or coordinated service and support plan addendum as it relates
162.35to the responsibilities assigned to the license holder, and when applicable, the person's
163.1individual abuse prevention plan, to achieve and demonstrate an understanding of the
163.2person as a unique individual, and how to implement those plans.
163.3(d) The staff person must review and receive instruction on medication
163.4administration procedures established for the person when medication administration is
163.5assigned to the license holder according to section 245D.05, subdivision 1, paragraph
163.6(b). Unlicensed staff may administer medications only after successful completion of a
163.7medication administration training, from a training curriculum developed by a registered
163.8nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
163.9practitioner, physician's assistant, or physician. The training curriculum must incorporate
163.10an observed skill assessment conducted by the trainer to ensure staff demonstrate the
163.11ability to safely and correctly follow medication procedures.
163.12Medication administration must be taught by a registered nurse, clinical nurse
163.13specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
163.14service initiation or any time thereafter, the person has or develops a health care condition
163.15that affects the service options available to the person because the condition requires:
163.16(1) specialized or intensive medical or nursing supervision; and
163.17(2) nonmedical service providers to adapt their services to accommodate the health
163.18and safety needs of the person.
163.19(e) The staff person must review and receive instruction on the safe and correct
163.20operation of medical equipment used by the person to sustain life or to monitor a medical
163.21condition that could become life-threatening without proper use of the medical equipment,
163.22including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training
163.23must be provided by a licensed health care professional or a manufacturer's representative
163.24and incorporate an observed skill assessment to ensure staff demonstrate the ability to
163.25safely and correctly operate the equipment according to the treatment orders and the
163.26manufacturer's instructions.
163.27(f) The staff person must review and receive instruction on what constitutes use of
163.28restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
163.29related to the prohibitions of their use according to the requirements in section 245D.06,
163.30subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
163.31or undesired behavior and why they are not safe, and the safe and correct use of manual
163.32restraint on an emergency basis according to the requirements in section 245D.061.
163.33(g) In the event of an emergency service initiation, the license holder must ensure
163.34the training required in this subdivision occurs within 72 hours of the direct support staff
163.35person first having unsupervised contact with the person receiving services. The license
164.1holder must document the reason for the unplanned or emergency service initiation and
164.2maintain the documentation in the person's service recipient record.
164.3(h) (g) License holders who provide direct support services themselves must
164.4complete the orientation required in subdivision 4, clauses (3) to (7) (10).

164.5    Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is
164.6amended to read:
164.7    Subd. 5. Annual training. A license holder must provide annual training to direct
164.8support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision
164.94a (10). A license holder must provide a minimum of 24 hours of annual training to
164.10direct service staff with providing intensive services and having fewer than five years
164.11of documented experience and 12 hours of annual training to direct service staff with
164.12 providing intensive services and having five or more years of documented experience in
164.13topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant
164.14topics received from sources other than the license holder may count toward training
164.15requirements. A license holder must provide a minimum of 12 hours of annual training
164.16to direct service staff providing basic services and having fewer than five years of
164.17documented experience and six hours of annual training to direct service staff providing
164.18basic services and having five or more years of documented experience.

164.19    Sec. 6. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read:
164.20    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
164.21must meet the following requirements:
164.22    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
164.23of age with these additional requirements:
164.24    (i) supervision by a qualified professional every 60 days; and
164.25    (ii) employment by only one personal care assistance provider agency responsible
164.26for compliance with current labor laws;
164.27    (2) be employed by a personal care assistance provider agency;
164.28    (3) enroll with the department as a personal care assistant after clearing a background
164.29study. Except as provided in subdivision 11a, before a personal care assistant provides
164.30services, the personal care assistance provider agency must initiate a background study on
164.31the personal care assistant under chapter 245C, and the personal care assistance provider
164.32agency must have received a notice from the commissioner that the personal care assistant
164.33is:
164.34    (i) not disqualified under section 245C.14; or
165.1    (ii) is disqualified, but the personal care assistant has received a set aside of the
165.2disqualification under section 245C.22;
165.3    (4) be able to effectively communicate with the recipient and personal care
165.4assistance provider agency;
165.5    (5) be able to provide covered personal care assistance services according to the
165.6recipient's personal care assistance care plan, respond appropriately to recipient needs,
165.7and report changes in the recipient's condition to the supervising qualified professional
165.8or physician;
165.9    (6) not be a consumer of personal care assistance services;
165.10    (7) maintain daily written records including, but not limited to, time sheets under
165.11subdivision 12;
165.12    (8) effective January 1, 2010, complete standardized training as determined
165.13by the commissioner before completing enrollment. The training must be available
165.14in languages other than English and to those who need accommodations due to
165.15disabilities. Personal care assistant training must include successful completion of the
165.16following training components: basic first aid, vulnerable adult, child maltreatment,
165.17OSHA universal precautions, basic roles and responsibilities of personal care assistants
165.18including information about assistance with lifting and transfers for recipients, emergency
165.19preparedness, orientation to positive behavioral practices, fraud issues, and completion of
165.20time sheets. Upon completion of the training components, the personal care assistant must
165.21demonstrate the competency to provide assistance to recipients;
165.22    (9) complete training and orientation on the needs of the recipient; and
165.23    (10) be limited to providing and being paid for up to 275 hours per month of personal
165.24care assistance services regardless of the number of recipients being served or the number
165.25of personal care assistance provider agencies enrolled with. The number of hours worked
165.26per day shall not be disallowed by the department unless in violation of the law.
165.27    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
165.28for the guardian services and meets the criteria for personal care assistants in paragraph (a).
165.29    (c) Persons who do not qualify as a personal care assistant include parents,
165.30stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
165.31foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
165.32and staff of a residential setting. When the personal care assistant is a relative of the
165.33recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
165.34effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
165.35parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
165.36a grandchild.
166.1EFFECTIVE DATE.This section is effective the day following final enactment.

166.2    Sec. 7. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:
166.3    Subd. 28. Personal care assistance provider agency; required documentation.
166.4(a) Required documentation must be completed and kept in the personal care assistance
166.5provider agency file or the recipient's home residence. The required documentation
166.6consists of:
166.7(1) employee files, including:
166.8(i) applications for employment;
166.9(ii) background study requests and results;
166.10(iii) orientation records about the agency policies;
166.11(iv) trainings completed with demonstration of competence;
166.12(v) supervisory visits;
166.13(vi) evaluations of employment; and
166.14(vii) signature on fraud statement;
166.15(2) recipient files, including:
166.16(i) demographics;
166.17(ii) emergency contact information and emergency backup plan;
166.18(iii) personal care assistance service plan;
166.19(iv) personal care assistance care plan;
166.20(v) month-to-month service use plan;
166.21(vi) all communication records;
166.22(vii) start of service information, including the written agreement with recipient; and
166.23(viii) date the home care bill of rights was given to the recipient;
166.24(3) agency policy manual, including:
166.25(i) policies for employment and termination;
166.26(ii) grievance policies with resolution of consumer grievances;
166.27(iii) staff and consumer safety;
166.28(iv) staff misconduct; and
166.29(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
166.30resolution of consumer grievances;
166.31(4) time sheets for each personal care assistant along with completed activity sheets
166.32for each recipient served; and
166.33(5) agency marketing and advertising materials and documentation of marketing
166.34activities and costs; and.
167.1(6) for each personal care assistant, whether or not the personal care assistant is
167.2providing care to a relative as defined in subdivision 11.
167.3(b) The commissioner may assess a fine of up to $500 on provider agencies that do
167.4not consistently comply with the requirements of this subdivision.
167.5EFFECTIVE DATE.This section is effective the day following final enactment.

167.6    Sec. 8. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1,
167.7is amended to read:
167.8    Subdivision 1. Essential community supports. (a) The purpose of the essential
167.9community supports program is to provide targeted services to persons age 65 and older
167.10who need essential community support, but whose needs do not meet the level of care
167.11required for nursing facility placement under section 144.0724, subdivision 11.
167.12(b) Essential community supports are available not to exceed $400 per person per
167.13month. Essential community supports may be used as authorized within an authorization
167.14period not to exceed 12 months. Services must be available to a person who:
167.15(1) is age 65 or older;
167.16(2) is not eligible for medical assistance;
167.17(3) has received a community assessment under section 256B.0911, subdivision 3a
167.18or 3b, and does not require the level of care provided in a nursing facility;
167.19(4) meets the financial eligibility criteria for the alternative care program under
167.20section 256B.0913, subdivision 4;
167.21(5) has a community support plan; and
167.22(6) has been determined by a community assessment under section 256B.0911,
167.23subdivision 3a or 3b, to be a person who would require provision of at least one of the
167.24following services, as defined in the approved elderly waiver plan, in order to maintain
167.25their community residence:
167.26(i) adult day services;
167.27(ii) caregiver support;
167.28(ii) (iii) homemaker support;
167.29(iii) (iv) chores;
167.30(iv) (v) a personal emergency response device or system;
167.31(v) (vi) home-delivered meals; or
167.32(vi) (vii) community living assistance as defined by the commissioner.
167.33(c) The person receiving any of the essential community supports in this subdivision
167.34must also receive service coordination, not to exceed $600 in a 12-month authorization
167.35period, as part of their community support plan.
168.1(d) A person who has been determined to be eligible for essential community
168.2supports must be reassessed at least annually and continue to meet the criteria in paragraph
168.3(b) to remain eligible for essential community supports.
168.4(e) The commissioner is authorized to use federal matching funds for essential
168.5community supports as necessary and to meet demand for essential community supports
168.6as outlined in subdivision 2, and that amount of federal funds is appropriated to the
168.7commissioner for this purpose.

168.8    Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
168.9is amended to read:
168.10    Subd. 10. Enrollment requirements. All (a) Except as provided in paragraph (b),
168.11the following home and community-based waiver providers must provide, at the time of
168.12enrollment and within 30 days of a request, in a format determined by the commissioner,
168.13information and documentation that includes, but is not limited to, the following:
168.14(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
168.15provider's payments from Medicaid in the previous calendar year, whichever is greater;
168.16(2) proof of fidelity bond coverage in the amount of $20,000; and
168.17(3) proof of liability insurance.:
168.18(1) waiver services providers required to meet the provider standards in chapter 245D;
168.19(2) foster care providers whose services are funded by the elderly waiver or
168.20alternative care program;
168.21(3) fiscal support entities;
168.22(4) adult day care providers;
168.23(5) providers of customized living services; and
168.24(6) residential care providers.
168.25(b) Providers of foster care services covered by section 245.814 are exempt from
168.26this subdivision.
168.27EFFECTIVE DATE.This section is effective the day following final enactment.

168.28    Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
168.29256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
168.30WITH DISABILITIES.
168.31(a) Individuals receiving services under a home and community-based waiver under
168.32section 256B.092 or 256B.49 may receive services in the following settings:
168.33(1) an individual's own home or family home;
169.1(2) a licensed adult foster care or child foster care setting of up to five people or
169.2community residential setting of up to five people; and
169.3(3) community living settings as defined in section 256B.49, subdivision 23, where
169.4individuals with disabilities may reside in all of the units in a building of four or fewer
169.5units, and no more than the greater of four or 25 percent of the units in a multifamily
169.6building of more than four units, unless required by the Housing Opportunities for Persons
169.7with AIDS Program.
169.8(b) The settings in paragraph (a) must not:
169.9(1) be located in a building that is a publicly or privately operated facility that
169.10provides institutional treatment or custodial care;
169.11(2) be located in a building on the grounds of or adjacent to a public or private
169.12institution;
169.13(3) be a housing complex designed expressly around an individual's diagnosis or
169.14disability, unless required by the Housing Opportunities for Persons with AIDS Program;
169.15(4) be segregated based on a disability, either physically or because of setting
169.16characteristics, from the larger community; and
169.17(5) have the qualities of an institution which include, but are not limited to:
169.18regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
169.19agreed to and documented in the person's individual service plan shall not result in a
169.20residence having the qualities of an institution as long as the restrictions for the person are
169.21not imposed upon others in the same residence and are the least restrictive alternative,
169.22imposed for the shortest possible time to meet the person's needs.
169.23(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
169.24individuals receive services under a home and community-based waiver as of July 1,
169.252012, and the setting does not meet the criteria of this section.
169.26(d) Notwithstanding paragraph (c), a program in Hennepin County established as
169.27part of a Hennepin County demonstration project is qualified for the exception allowed
169.28under paragraph (c).
169.29(e) The commissioner shall submit an amendment to the waiver plan no later than
169.30December 31, 2012.

169.31    Sec. 11. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
169.32    Subdivision 1. Commissioner's duties; report. The commissioner of human
169.33services shall solicit proposals for the conversion of services provided for persons with
169.34disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or
170.1community residential settings licensed under chapter 245D, to other types of community
170.2settings in conjunction with the closure of identified licensed adult foster care settings.

170.3    Sec. 12. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
170.4    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt
170.5rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use
170.6of the emergency program under MFIP as the primary financial resource when available.
170.7The commissioner shall adopt rules for eligibility for general assistance of persons with
170.8seasonal income and may attribute seasonal income to other periods not in excess of one
170.9year from receipt by an applicant or recipient. General assistance payments may not be
170.10made for foster care, community residential settings licensed under chapter 245D, child
170.11welfare services, or other social services. Vendor payments and vouchers may be issued
170.12only as authorized in sections 256D.05, subdivision 6, and 256D.09.

170.13    Sec. 13. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is
170.14amended to read:
170.15    Subd. 5. Special needs. In addition to the state standards of assistance established in
170.16subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
170.17Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
170.18center, or a group residential housing facility.
170.19    (a) The county agency shall pay a monthly allowance for medically prescribed
170.20diets if the cost of those additional dietary needs cannot be met through some other
170.21maintenance benefit. The need for special diets or dietary items must be prescribed by
170.22a licensed physician. Costs for special diets shall be determined as percentages of the
170.23allotment for a one-person household under the thrifty food plan as defined by the United
170.24States Department of Agriculture. The types of diets and the percentages of the thrifty
170.25food plan that are covered are as follows:
170.26    (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
170.27    (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
170.28of thrifty food plan;
170.29    (3) controlled protein diet, less than 40 grams and requires special products, 125
170.30percent of thrifty food plan;
170.31    (4) low cholesterol diet, 25 percent of thrifty food plan;
170.32    (5) high residue diet, 20 percent of thrifty food plan;
170.33    (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
170.34    (7) gluten-free diet, 25 percent of thrifty food plan;
171.1    (8) lactose-free diet, 25 percent of thrifty food plan;
171.2    (9) antidumping diet, 15 percent of thrifty food plan;
171.3    (10) hypoglycemic diet, 15 percent of thrifty food plan; or
171.4    (11) ketogenic diet, 25 percent of thrifty food plan.
171.5    (b) Payment for nonrecurring special needs must be allowed for necessary home
171.6repairs or necessary repairs or replacement of household furniture and appliances using
171.7the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
171.8as long as other funding sources are not available.
171.9    (c) A fee for guardian or conservator service is allowed at a reasonable rate
171.10negotiated by the county or approved by the court. This rate shall not exceed five percent
171.11of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
171.12guardian or conservator is a member of the county agency staff, no fee is allowed.
171.13    (d) The county agency shall continue to pay a monthly allowance of $68 for
171.14restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
171.151990, and who eats two or more meals in a restaurant daily. The allowance must continue
171.16until the person has not received Minnesota supplemental aid for one full calendar month
171.17or until the person's living arrangement changes and the person no longer meets the criteria
171.18for the restaurant meal allowance, whichever occurs first.
171.19    (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
171.20is allowed for representative payee services provided by an agency that meets the
171.21requirements under SSI regulations to charge a fee for representative payee services. This
171.22special need is available to all recipients of Minnesota supplemental aid regardless of
171.23their living arrangement.
171.24    (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
171.25maximum allotment authorized by the federal Food Stamp Program for a single individual
171.26which is in effect on the first day of July of each year will be added to the standards of
171.27assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
171.28as shelter needy and are: (i) relocating from an institution, or an adult mental health
171.29residential treatment program under section 256B.0622; (ii) eligible for the self-directed
171.30supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
171.31community-based waiver recipients living in their own home or rented or leased apartment
171.32which is not owned, operated, or controlled by a provider of service not related by blood
171.33or marriage, unless allowed under paragraph (g).
171.34    (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
171.35shelter needy benefit under this paragraph is considered a household of one. An eligible
172.1individual who receives this benefit prior to age 65 may continue to receive the benefit
172.2after the age of 65.
172.3    (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
172.4exceed 40 percent of the assistance unit's gross income before the application of this
172.5special needs standard. "Gross income" for the purposes of this section is the applicant's or
172.6recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
172.7in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
172.8state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
172.9considered shelter needy for purposes of this paragraph.
172.10(g) Notwithstanding this subdivision, to access housing and services as provided
172.11in paragraph (f), the recipient may choose housing that may be owned, operated, or
172.12controlled by the recipient's service provider. In a multifamily building of more than four
172.13units, the maximum number of units that may be used by recipients of this program shall
172.14be the greater of four units or 25 percent of the units in the building, unless required by the
172.15Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four
172.16or fewer units, all of the units may be used by recipients of this program. When housing is
172.17controlled by the service provider, the individual may choose the individual's own service
172.18provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is
172.19controlled by the service provider, the service provider shall implement a plan with the
172.20recipient to transition the lease to the recipient's name. Within two years of signing the
172.21initial lease, the service provider shall transfer the lease entered into under this subdivision
172.22to the recipient. In the event the landlord denies this transfer, the commissioner may
172.23approve an exception within sufficient time to ensure the continued occupancy by the
172.24recipient. This paragraph expires June 30, 2016.

172.25    Sec. 14. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
172.26    Subd. 6. Excluded time. "Excluded time" means:
172.27(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
172.28other than an emergency shelter, halfway house, foster home, community residential
172.29setting licensed under chapter 245D, semi-independent living domicile or services
172.30program, residential facility offering care, board and lodging facility or other institution
172.31for the hospitalization or care of human beings, as defined in section 144.50, 144A.01,
172.32or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional
172.33facility; or any facility based on an emergency hold under sections 253B.05, subdivisions
172.341 and 2, and 253B.07, subdivision 6;
173.1(2) any period an applicant spends on a placement basis in a training and habilitation
173.2program, including: a rehabilitation facility or work or employment program as defined
173.3in section 268A.01; semi-independent living services provided under section 252.275,
173.4and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
173.5programs and assisted living services; and
173.6(3) any placement for a person with an indeterminate commitment, including
173.7independent living.

173.8    Sec. 15. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
173.9    Subd. 3. Group residential housing. "Group residential housing" means a group
173.10living situation that provides at a minimum room and board to unrelated persons who
173.11meet the eligibility requirements of section 256I.04. This definition includes foster care
173.12settings or community residential settings for a single adult. To receive payment for a
173.13group residence rate, the residence must meet the requirements under section 256I.04,
173.14subdivision 2a
.

173.15    Sec. 16. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
173.16    Subd. 2a. License required. A county agency may not enter into an agreement with
173.17an establishment to provide group residential housing unless:
173.18(1) the establishment is licensed by the Department of Health as a hotel and
173.19restaurant; a board and lodging establishment; a residential care home; a boarding care
173.20home before March 1, 1985; or a supervised living facility, and the service provider
173.21for residents of the facility is licensed under chapter 245A. However, an establishment
173.22licensed by the Department of Health to provide lodging need not also be licensed to
173.23provide board if meals are being supplied to residents under a contract with a food vendor
173.24who is licensed by the Department of Health;
173.25(2) the residence is: (i) licensed by the commissioner of human services under
173.26Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
173.27agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
173.28to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules,
173.29parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or
173.30(iv) licensed under section 245D.02, subdivision 4a, as a community residential setting
173.31by the commissioner of human services;
173.32(3) the establishment is registered under chapter 144D and provides three meals a
173.33day, or is an establishment voluntarily registered under section 144D.025 as a supportive
173.34housing establishment; or
174.1(4) an establishment voluntarily registered under section 144D.025, other than
174.2a supportive housing establishment under clause (3), is not eligible to provide group
174.3residential housing.
174.4The requirements under clauses (1) to (4) do not apply to establishments exempt
174.5from state licensure because they are located on Indian reservations and subject to tribal
174.6health and safety requirements.

174.7    Sec. 17. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
174.8amended to read:
174.9    Subd. 9. Common entry point designation. (a) Each county board shall designate a
174.10common entry point for reports of suspected maltreatment, for use until the commissioner
174.11of human services establishes a common entry point. Two or more county boards may
174.12jointly designate a single common entry point. The commissioner of human services shall
174.13establish a common entry point effective July 1, 2014 2015. The common entry point is
174.14the unit responsible for receiving the report of suspected maltreatment under this section.
174.15(b) The common entry point must be available 24 hours per day to take calls from
174.16reporters of suspected maltreatment. The common entry point shall use a standard intake
174.17form that includes:
174.18(1) the time and date of the report;
174.19(2) the name, address, and telephone number of the person reporting;
174.20(3) the time, date, and location of the incident;
174.21(4) the names of the persons involved, including but not limited to, perpetrators,
174.22alleged victims, and witnesses;
174.23(5) whether there was a risk of imminent danger to the alleged victim;
174.24(6) a description of the suspected maltreatment;
174.25(7) the disability, if any, of the alleged victim;
174.26(8) the relationship of the alleged perpetrator to the alleged victim;
174.27(9) whether a facility was involved and, if so, which agency licenses the facility;
174.28(10) any action taken by the common entry point;
174.29(11) whether law enforcement has been notified;
174.30(12) whether the reporter wishes to receive notification of the initial and final
174.31reports; and
174.32(13) if the report is from a facility with an internal reporting procedure, the name,
174.33mailing address, and telephone number of the person who initiated the report internally.
174.34(c) The common entry point is not required to complete each item on the form prior
174.35to dispatching the report to the appropriate lead investigative agency.
175.1(d) The common entry point shall immediately report to a law enforcement agency
175.2any incident in which there is reason to believe a crime has been committed.
175.3(e) If a report is initially made to a law enforcement agency or a lead investigative
175.4agency, those agencies shall take the report on the appropriate common entry point intake
175.5forms and immediately forward a copy to the common entry point.
175.6(f) The common entry point staff must receive training on how to screen and
175.7dispatch reports efficiently and in accordance with this section.
175.8(g) The commissioner of human services shall maintain a centralized database
175.9for the collection of common entry point data, lead investigative agency data including
175.10maltreatment report disposition, and appeals data. The common entry point shall
175.11have access to the centralized database and must log the reports into the database and
175.12immediately identify and locate prior reports of abuse, neglect, or exploitation.
175.13(h) When appropriate, the common entry point staff must refer calls that do not
175.14allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
175.15that might resolve the reporter's concerns.
175.16(i) A common entry point must be operated in a manner that enables the
175.17commissioner of human services to:
175.18(1) track critical steps in the reporting, evaluation, referral, response, disposition,
175.19and investigative process to ensure compliance with all requirements for all reports;
175.20(2) maintain data to facilitate the production of aggregate statistical reports for
175.21monitoring patterns of abuse, neglect, or exploitation;
175.22(3) serve as a resource for the evaluation, management, and planning of preventative
175.23and remedial services for vulnerable adults who have been subject to abuse, neglect,
175.24or exploitation;
175.25(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
175.26of the common entry point; and
175.27(5) track and manage consumer complaints related to the common entry point.
175.28(j) The commissioners of human services and health shall collaborate on the
175.29creation of a system for referring reports to the lead investigative agencies. This system
175.30shall enable the commissioner of human services to track critical steps in the reporting,
175.31evaluation, referral, response, disposition, investigation, notification, determination, and
175.32appeal processes.
175.33EFFECTIVE DATE.This section is effective the day following final enactment.

175.34    Sec. 18. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
175.35date, is amended to read:
176.1EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or
176.2older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

176.3    Sec. 19. Laws 2013, chapter 108, article 7, section 60, is amended to read:
176.4    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
176.51, 2014.
176.6(a) The commissioner of human services shall increase reimbursement rates, grants,
176.7allocations, individual limits, and rate limits, as applicable, by one percent for the rate
176.8period beginning April 1, 2014, for services rendered on or after those dates. County or
176.9tribal contracts for services specified in this section must be amended to pass through
176.10these rate increases within 60 days of the effective date.
176.11(b) The rate changes described in this section must be provided to:
176.12(1) home and community-based waivered services for persons with developmental
176.13disabilities or related conditions, including consumer-directed community supports, under
176.14Minnesota Statutes, section 256B.501;
176.15(2) waivered services under community alternatives for disabled individuals,
176.16including consumer-directed community supports, under Minnesota Statutes, section
176.17256B.49 ;
176.18(3) community alternative care waivered services, including consumer-directed
176.19community supports, under Minnesota Statutes, section 256B.49;
176.20(4) brain injury waivered services, including consumer-directed community
176.21supports, under Minnesota Statutes, section 256B.49;
176.22(5) home and community-based waivered services for the elderly under Minnesota
176.23Statutes, section 256B.0915;
176.24(6) nursing services and home health services under Minnesota Statutes, section
176.25256B.0625, subdivision 6a ;
176.26(7) personal care services and qualified professional supervision of personal care
176.27services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
176.28(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
176.29subdivision 7
;
176.30(9) day training and habilitation services for adults with developmental disabilities
176.31or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
176.32additional cost of rate adjustments on day training and habilitation services, provided as a
176.33social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
176.34(10) alternative care services under Minnesota Statutes, section 256B.0913, and
176.35essential community supports under Minnesota Statutes, section 256B.0922;
177.1(11) living skills training programs for persons with intractable epilepsy who need
177.2assistance in the transition to independent living under Laws 1988, chapter 689;
177.3(12) semi-independent living services (SILS) under Minnesota Statutes, section
177.4252.275 , including SILS funding under county social services grants formerly funded
177.5under Minnesota Statutes, chapter 256M;
177.6(13) consumer support grants under Minnesota Statutes, section 256.476;
177.7(14) family support grants under Minnesota Statutes, section 252.32;
177.8(15) housing access grants under Minnesota Statutes, sections 256B.0658 and
177.9256B.0917, subdivision 14 ;
177.10(16) self-advocacy grants under Laws 2009, chapter 101;
177.11(17) technology grants under Laws 2009, chapter 79;
177.12(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
177.13and 256B.0928; and
177.14(19) community support services for deaf and hard-of-hearing adults with mental
177.15illness who use or wish to use sign language as their primary means of communication
177.16under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
177.17grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
177.18and Laws 1997, First Special Session chapter 5, section 20.
177.19(c) A managed care plan receiving state payments for the services in this section
177.20must include these increases in their payments to providers. To implement the rate increase
177.21in this section, capitation rates paid by the commissioner to managed care organizations
177.22under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the
177.23specified services for the period beginning April 1, 2014.
177.24(d) Counties shall increase the budget for each recipient of consumer-directed
177.25community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
177.26EFFECTIVE DATE.This section is effective retroactively from April 1, 2014.

177.27    Sec. 20. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN
177.28IMPLEMENTATION.
177.29The autism spectrum disorder statewide strategic plan developed by the Minnesota
177.30Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively
177.31by the commissioners of education, employment and economic development, health, and
177.32human services. Within existing funding, the commissioners shall:
177.33(1) work across state agencies and with key stakeholders to implement the strategic
177.34plan;
178.1(2) prepare progress reports on the implementation of the plan twice per year and
178.2make the progress reports available to the public; and
178.3(3) provide two opportunities per year for interested parties, including, but not
178.4limited to, individuals with autism, family members of individuals with autism spectrum
178.5disorder, underserved and diverse communities impacted by autism spectrum disorder,
178.6medical professionals, health plans, service providers, and schools, to provide input on
178.7the implementation of the strategic plan.
178.8EFFECTIVE DATE.This section is effective the day following final enactment.

178.9ARTICLE 9
178.10HEALTH CARE

178.11    Section 1. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9,
178.12is amended to read:
178.13    Subd. 9. Dental services. (a) Medical assistance covers dental services.
178.14(b) Medical assistance dental coverage for nonpregnant adults is limited to the
178.15following services:
178.16(1) comprehensive exams, limited to once every five years;
178.17(2) periodic exams, limited to one per year;
178.18(3) limited exams;
178.19(4) bitewing x-rays, limited to one per year;
178.20(5) periapical x-rays;
178.21(6) panoramic x-rays, limited to one every five years except (1) when medically
178.22necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma
178.23or (2) once every two years for patients who cannot cooperate for intraoral film due to
178.24a developmental disability or medical condition that does not allow for intraoral film
178.25placement;
178.26(7) prophylaxis, limited to one per year;
178.27(8) application of fluoride varnish, limited to one per year;
178.28(9) posterior fillings, all at the amalgam rate;
178.29(10) anterior fillings;
178.30(11) endodontics, limited to root canals on the anterior and premolars only;
178.31(12) removable prostheses, each dental arch limited to one every six years;
178.32(13) oral surgery, limited to extractions, biopsies, and incision and drainage of
178.33abscesses;
178.34(14) palliative treatment and sedative fillings for relief of pain; and
178.35(15) full-mouth debridement, limited to one every five years.
179.1(c) In addition to the services specified in paragraph (b), medical assistance
179.2covers the following services for adults, if provided in an outpatient hospital setting or
179.3freestanding ambulatory surgical center as part of outpatient dental surgery:
179.4(1) periodontics, limited to periodontal scaling and root planing once every two years;
179.5(2) general anesthesia; and
179.6(3) full-mouth survey once every five years.
179.7(d) Medical assistance covers medically necessary dental services for children and
179.8pregnant women. The following guidelines apply:
179.9(1) posterior fillings are paid at the amalgam rate;
179.10(2) application of sealants are covered once every five years per permanent molar for
179.11children only;
179.12(3) application of fluoride varnish is covered once every six months; and
179.13(4) orthodontia is eligible for coverage for children only.
179.14(e) In addition to the services specified in paragraphs (b) and (c), medical assistance
179.15covers the following services for adults:
179.16(1) house calls or extended care facility calls for on-site delivery of covered services;
179.17(2) behavioral management when additional staff time is required to accommodate
179.18behavioral challenges and sedation is not used;
179.19(3) oral or IV sedation, if the covered dental service cannot be performed safely
179.20without it or would otherwise require the service to be performed under general anesthesia
179.21in a hospital or surgical center; and
179.22(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
179.23no more than four times per year.
179.24(f) The commissioner shall not require prior authorization for the services included
179.25in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based
179.26purchasing plans from requiring prior authorization for the services included in paragraph
179.27(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

179.28    Sec. 2. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read:
179.29    Subdivision 1. Definitions. (a) "Complex private duty home care nursing care"
179.30means home care nursing services provided to recipients who are ventilator dependent or
179.31for whom a physician has certified that the recipient would meet the criteria for inpatient
179.32hospital intensive care unit (ICU) level of care meet the criteria for regular home care
179.33nursing and require life-sustaining interventions to reduce the risk of long-term injury
179.34or death.
180.1(b) "Private duty Home care nursing" means ongoing professional physician-ordered
180.2hourly nursing services by a registered or licensed practical nurse including assessment,
180.3professional nursing tasks, and education, based on an assessment and physician orders
180.4to maintain or restore optimal health of the recipient. performed by a registered nurse or
180.5licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
180.6Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
180.7health.
180.8(c) "Private duty Home care nursing agency" means a medical assistance enrolled
180.9provider licensed under chapter 144A to provide private duty home care nursing services.
180.10(d) "Regular private duty home care nursing" means nursing services provided to
180.11a recipient who is considered stable and not at an inpatient hospital intensive care unit
180.12level of care, but may have episodes of instability that are not life threatening home care
180.13nursing provided because:
180.14(1) the recipient requires more individual and continuous care than can be provided
180.15during a skilled nurse visit; or
180.16(2) the cares are outside of the scope of services that can be provided by a home
180.17health aide or personal care assistant.
180.18(e) "Shared private duty home care nursing" means the provision of home care
180.19nursing services by a private duty home care nurse to two recipients at the same time
180.20and in the same setting.
180.21EFFECTIVE DATE.This section is effective July 1, 2014.

180.22    Sec. 3. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision
180.23to read:
180.24    Subd. 35. Statewide procurement. (a) For calendar year 2015, the commissioner
180.25may extend a demonstration provider's contract under this section for a sixth year after
180.26the most recent procurement. For calendar year 2015, section 16B.98, subdivision
180.275, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to
180.28contracts under this section.
180.29(b) For calendar year 2016 contracts under this section, the commissioner shall
180.30procure through a statewide procurement, which includes all 87 counties, demonstration
180.31providers, and participating entities as defined in section 256L.01, subdivision 7. The
180.32commissioner shall publish a request for proposals by January 5, 2015. As part of the
180.33procurement process, the commissioner shall:
180.34(1) seek each individual county's input;
181.1(2) organize counties into regional groups, and consider single counties for the
181.2largest and most diverse counties; and
181.3(3) seek regional and county input regarding the respondent's ability to fully and
181.4adequately deliver required health care services, offer an adequate provider network,
181.5provide care coordination with county services, and serve special populations, including
181.6enrollees with language and cultural needs.

181.7    Sec. 4. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS
181.8CHRONIC CONDITIONS.
181.9The commissioner of human services shall incorporate strategies and activities in the
181.10Department of Human Service's planning efforts and design of the state Medicaid plan
181.11option under section 2703 of the Patient Protection and Affordable Care Act that address
181.12chronic medical or behavioral health conditions complicated by socioeconomic factors
181.13such as race, ethnicity, age, immigration, or language.

181.14    Sec. 5. REVISOR'S INSTRUCTION.
181.15The revisor of statutes shall change the term "private duty nursing" or similar terms
181.16to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
181.17"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
181.18Rules. The revisor shall also make grammatical changes related to the changes in terms.

181.19ARTICLE 10
181.20MISCELLANEOUS

181.21    Section 1. [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION
181.22EXPIRATION.
181.23Notwithstanding any practice to the contrary, in an emergency situation or in the
181.24case of lost glasses, an optometrist or physician may authorize a new pair of prescription
181.25eyeglasses using the prescription from the old lenses or the last prescription available.

181.26    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, is
181.27amended to read:
181.28    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for
181.29Medicare and Medicaid Services determines that a provider is designated "high-risk," the
181.30commissioner may withhold payment from providers within that category upon initial
181.31enrollment for a 90-day period. The withholding for each provider must begin on the date
181.32of the first submission of a claim.
182.1(b) An enrolled provider that is also licensed by the commissioner under chapter
182.2245A must designate an individual as the entity's compliance officer. The compliance
182.3officer must:
182.4(1) develop policies and procedures to assure adherence to medical assistance laws
182.5and regulations and to prevent inappropriate claims submissions;
182.6(2) train the employees of the provider entity, and any agents or subcontractors of
182.7the provider entity including billers, on the policies and procedures under clause (1);
182.8(3) respond to allegations of improper conduct related to the provision or billing of
182.9medical assistance services, and implement action to remediate any resulting problems;
182.10(4) use evaluation techniques to monitor compliance with medical assistance laws
182.11and regulations;
182.12(5) promptly report to the commissioner any identified violations of medical
182.13assistance laws or regulations; and
182.14    (6) within 60 days of discovery by the provider of a medical assistance
182.15reimbursement overpayment, report the overpayment to the commissioner and make
182.16arrangements with the commissioner for the commissioner's recovery of the overpayment.
182.17The commissioner may require, as a condition of enrollment in medical assistance, that a
182.18provider within a particular industry sector or category establish a compliance program that
182.19contains the core elements established by the Centers for Medicare and Medicaid Services.
182.20(c) The commissioner may revoke the enrollment of an ordering or rendering
182.21provider for a period of not more than one year, if the provider fails to maintain and, upon
182.22request from the commissioner, provide access to documentation relating to written orders
182.23or requests for payment for durable medical equipment, certifications for home health
182.24services, or referrals for other items or services written or ordered by such provider, when
182.25the commissioner has identified a pattern of a lack of documentation. A pattern means a
182.26failure to maintain documentation or provide access to documentation on more than one
182.27occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
182.28provider under the provisions of section 256B.064.
182.29(d) The commissioner shall terminate or deny the enrollment of any individual or
182.30entity if the individual or entity has been terminated from participation in Medicare or
182.31under the Medicaid program or Children's Health Insurance Program of any other state.
182.32(e) As a condition of enrollment in medical assistance, the commissioner shall
182.33require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
182.34and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
182.35Services, its agents, or its designated contractors and the state agency, its agents, or its
182.36designated contractors to conduct unannounced on-site inspections of any provider location.
183.1The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
183.2list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
183.3and standards used to designate Medicare providers in Code of Federal Regulations, title
183.442, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
183.5The commissioner's designations are not subject to administrative appeal.
183.6(f) As a condition of enrollment in medical assistance, the commissioner shall
183.7require that a high-risk provider, or a person with a direct or indirect ownership interest in
183.8the provider of five percent or higher, consent to criminal background checks, including
183.9fingerprinting, when required to do so under state law or by a determination by the
183.10commissioner or the Centers for Medicare and Medicaid Services that a provider is
183.11designated high-risk for fraud, waste, or abuse.
183.12(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all
183.13durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
183.14 suppliers meeting the durable medical equipment provider and supplier definition in clause
183.15(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond
183.16that is annually renewed and designates the Minnesota Department of Human Services as
183.17the obligee, and must be submitted in a form approved by the commissioner. For purposes
183.18of this clause, the following medical suppliers are not required to obtain a surety bond:
183.19a federally qualified health center, a home health agency, the Indian Health Service, a
183.20pharmacy, and a rural health clinic.
183.21(2) At the time of initial enrollment or reenrollment, the provider agency durable
183.22medical equipment providers and suppliers defined in clause (3) must purchase a
183.23performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in
183.24the previous calendar year is up to and including $300,000, the provider agency must
183.25purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid
183.26revenue in the previous calendar year is over $300,000, the provider agency must purchase
183.27a performance surety bond of $100,000. The performance surety bond must allow for
183.28recovery of costs and fees in pursuing a claim on the bond.
183.29(3) "Durable medical equipment provider or supplier" means a medical supplier that
183.30can purchase medical equipment or supplies for sale or rental to the general public and
183.31is able to perform or arrange for necessary repairs to and maintenance of equipment
183.32offered for sale or rental.
183.33(h) The Department of Human Services may require a provider to purchase a
183.34performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
183.35or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
183.36department determines there is significant evidence of or potential for fraud and abuse by
184.1the provider, or (3) the provider or category of providers is designated high-risk pursuant
184.2to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
184.3performance surety bond must be in an amount of $100,000 or ten percent of the provider's
184.4payments from Medicaid during the immediately preceding 12 months, whichever is
184.5greater. The performance surety bond must name the Department of Human Services as
184.6an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
184.7This paragraph does not apply if the provider currently maintains a surety bond under the
184.8requirements in section 256B.0659 or 256B.85.

184.9    Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
184.10is amended to read:
184.11    Subd. 21. Requirements for provider enrollment of personal care assistance
184.12provider agencies. (a) All personal care assistance provider agencies must provide, at the
184.13time of enrollment, reenrollment, and revalidation as a personal care assistance provider
184.14agency in a format determined by the commissioner, information and documentation that
184.15includes, but is not limited to, the following:
184.16    (1) the personal care assistance provider agency's current contact information
184.17including address, telephone number, and e-mail address;
184.18    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's
184.19Medicaid revenue in the previous calendar year is up to and including $300,000, the
184.20provider agency must purchase a performance surety bond of $50,000. If the Medicaid
184.21revenue in the previous year is over $300,000, the provider agency must purchase a
184.22performance surety bond of $100,000. The performance surety bond must be in a form
184.23approved by the commissioner, must be renewed annually, and must allow for recovery of
184.24costs and fees in pursuing a claim on the bond;
184.25    (3) proof of fidelity bond coverage in the amount of $20,000;
184.26    (4) proof of workers' compensation insurance coverage;
184.27    (5) proof of liability insurance;
184.28    (6) a description of the personal care assistance provider agency's organization
184.29identifying the names of all owners, managing employees, staff, board of directors, and
184.30the affiliations of the directors, owners, or staff to other service providers;
184.31    (7) a copy of the personal care assistance provider agency's written policies and
184.32procedures including: hiring of employees; training requirements; service delivery;
184.33and employee and consumer safety including process for notification and resolution
184.34of consumer grievances, identification and prevention of communicable diseases, and
184.35employee misconduct;
185.1    (8) copies of all other forms the personal care assistance provider agency uses in
185.2the course of daily business including, but not limited to:
185.3    (i) a copy of the personal care assistance provider agency's time sheet if the time
185.4sheet varies from the standard time sheet for personal care assistance services approved
185.5by the commissioner, and a letter requesting approval of the personal care assistance
185.6provider agency's nonstandard time sheet;
185.7    (ii) the personal care assistance provider agency's template for the personal care
185.8assistance care plan; and
185.9    (iii) the personal care assistance provider agency's template for the written
185.10agreement in subdivision 20 for recipients using the personal care assistance choice
185.11option, if applicable;
185.12    (9) a list of all training and classes that the personal care assistance provider agency
185.13requires of its staff providing personal care assistance services;
185.14    (10) documentation that the personal care assistance provider agency and staff have
185.15successfully completed all the training required by this section;
185.16    (11) documentation of the agency's marketing practices;
185.17    (12) disclosure of ownership, leasing, or management of all residential properties
185.18that is used or could be used for providing home care services;
185.19    (13) documentation that the agency will use the following percentages of revenue
185.20generated from the medical assistance rate paid for personal care assistance services
185.21for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
185.22personal care assistance choice option and 72.5 percent of revenue from other personal
185.23care assistance providers. The revenue generated by the qualified professional and the
185.24reasonable costs associated with the qualified professional shall not be used in making
185.25this calculation; and
185.26    (14) effective May 15, 2010, documentation that the agency does not burden
185.27recipients' free exercise of their right to choose service providers by requiring personal
185.28care assistants to sign an agreement not to work with any particular personal care
185.29assistance recipient or for another personal care assistance provider agency after leaving
185.30the agency and that the agency is not taking action on any such agreements or requirements
185.31regardless of the date signed.
185.32    (b) Personal care assistance provider agencies shall provide the information specified
185.33in paragraph (a) to the commissioner at the time the personal care assistance provider
185.34agency enrolls as a vendor or upon request from the commissioner. The commissioner
185.35shall collect the information specified in paragraph (a) from all personal care assistance
185.36providers beginning July 1, 2009.
186.1    (c) All personal care assistance provider agencies shall require all employees in
186.2management and supervisory positions and owners of the agency who are active in the
186.3day-to-day management and operations of the agency to complete mandatory training
186.4as determined by the commissioner before enrollment of the agency as a provider.
186.5Employees in management and supervisory positions and owners who are active in
186.6the day-to-day operations of an agency who have completed the required training as
186.7an employee with a personal care assistance provider agency do not need to repeat
186.8the required training if they are hired by another agency, if they have completed the
186.9training within the past three years. By September 1, 2010, the required training must
186.10be available with meaningful access according to title VI of the Civil Rights Act and
186.11federal regulations adopted under that law or any guidance from the United States Health
186.12and Human Services Department. The required training must be available online or by
186.13electronic remote connection. The required training must provide for competency testing.
186.14Personal care assistance provider agency billing staff shall complete training about
186.15personal care assistance program financial management. This training is effective July 1,
186.162009. Any personal care assistance provider agency enrolled before that date shall, if it
186.17has not already, complete the provider training within 18 months of July 1, 2009. Any new
186.18owners or employees in management and supervisory positions involved in the day-to-day
186.19operations are required to complete mandatory training as a requisite of working for the
186.20agency. Personal care assistance provider agencies certified for participation in Medicare
186.21as home health agencies are exempt from the training required in this subdivision. When
186.22available, Medicare-certified home health agency owners, supervisors, or managers must
186.23successfully complete the competency test.

186.24    Sec. 4. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
186.25    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated
186.26risk-based managed care option for services in an intermediate care facility for persons
186.27with developmental disabilities according to the terms and conditions of the federal
186.28agreement governing the managed care pilot. The commissioner may grant a variance
186.29to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts
186.309525.1200 to 9525.1330 and 9525.1580.

186.31    Sec. 5. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
186.32    Subd. 16. Project extension. Minnesota Rules, parts 9500.1450; 9500.1451;
186.339500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458;
186.349500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

187.1    Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is
187.2amended to read:
187.3    Subd. 12. Requirements for enrollment of CFSS provider agencies. (a) All CFSS
187.4provider agencies must provide, at the time of enrollment, reenrollment, and revalidation
187.5as a CFSS provider agency in a format determined by the commissioner, information and
187.6documentation that includes, but is not limited to, the following:
187.7(1) the CFSS provider agency's current contact information including address,
187.8telephone number, and e-mail address;
187.9(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's
187.10Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
187.11provider agency must purchase a performance surety bond of $50,000. If the provider
187.12agency's Medicaid revenue in the previous calendar year is greater than $300,000, the
187.13provider agency must purchase a performance surety bond of $100,000. The performance
187.14 surety bond must be in a form approved by the commissioner, must be renewed annually,
187.15and must allow for recovery of costs and fees in pursuing a claim on the bond;
187.16(3) proof of fidelity bond coverage in the amount of $20,000;
187.17(4) proof of workers' compensation insurance coverage;
187.18(5) proof of liability insurance;
187.19(6) a description of the CFSS provider agency's organization identifying the names
187.20of all owners, managing employees, staff, board of directors, and the affiliations of the
187.21directors, owners, or staff to other service providers;
187.22(7) a copy of the CFSS provider agency's written policies and procedures including:
187.23hiring of employees; training requirements; service delivery; and employee and consumer
187.24safety including process for notification and resolution of consumer grievances,
187.25identification and prevention of communicable diseases, and employee misconduct;
187.26(8) copies of all other forms the CFSS provider agency uses in the course of daily
187.27business including, but not limited to:
187.28(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
187.29the standard time sheet for CFSS services approved by the commissioner, and a letter
187.30requesting approval of the CFSS provider agency's nonstandard time sheet; and
187.31(ii) the CFSS provider agency's template for the CFSS care plan;
187.32(9) a list of all training and classes that the CFSS provider agency requires of its
187.33staff providing CFSS services;
187.34(10) documentation that the CFSS provider agency and staff have successfully
187.35completed all the training required by this section;
187.36(11) documentation of the agency's marketing practices;
188.1(12) disclosure of ownership, leasing, or management of all residential properties
188.2that are used or could be used for providing home care services;
188.3(13) documentation that the agency will use at least the following percentages of
188.4revenue generated from the medical assistance rate paid for CFSS services for employee
188.5personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers.
188.6The revenue generated by the support specialist and the reasonable costs associated with
188.7the support specialist shall not be used in making this calculation; and
188.8(14) documentation that the agency does not burden recipients' free exercise of their
188.9right to choose service providers by requiring personal care assistants to sign an agreement
188.10not to work with any particular CFSS recipient or for another CFSS provider agency after
188.11leaving the agency and that the agency is not taking action on any such agreements or
188.12requirements regardless of the date signed.
188.13(b) CFSS provider agencies shall provide to the commissioner the information
188.14specified in paragraph (a).
188.15(c) All CFSS provider agencies shall require all employees in management and
188.16supervisory positions and owners of the agency who are active in the day-to-day
188.17management and operations of the agency to complete mandatory training as determined
188.18by the commissioner. Employees in management and supervisory positions and owners
188.19who are active in the day-to-day operations of an agency who have completed the required
188.20training as an employee with a CFSS provider agency do not need to repeat the required
188.21training if they are hired by another agency, if they have completed the training within
188.22the past three years. CFSS provider agency billing staff shall complete training about
188.23CFSS program financial management. Any new owners or employees in management
188.24and supervisory positions involved in the day-to-day operations are required to complete
188.25mandatory training as a requisite of working for the agency. CFSS provider agencies
188.26certified for participation in Medicare as home health agencies are exempt from the
188.27training required in this subdivision.

188.28    Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
188.29    Subd. 2. Selection of members, terms, vacancies. Except in counties which
188.30contain a city of the first class and counties having a poor and hospital commission, the
188.31local social services agency shall consist of seven members, including the board of county
188.32commissioners, to be selected as herein provided; two members, one of whom shall be
188.33a woman, shall be appointed by the commissioner of human services board of county
188.34commissioners, one each year for a full term of two years, from a list of residents, submitted
188.35by the board of county commissioners. As each term expires or a vacancy occurs by reason
189.1of death or resignation, a successor shall be appointed by the commissioner of human
189.2services board of county commissioners for the full term of two years or the balance of any
189.3unexpired term from a list of one or more, not to exceed three residents submitted by the
189.4board of county commissioners. The board of county commissioners may, by resolution
189.5adopted by a majority of the board, determine that only three of their members shall be
189.6members of the local social services agency, in which event the local social services agency
189.7shall consist of five members instead of seven. When a vacancy occurs on the local social
189.8services agency by reason of the death, resignation, or expiration of the term of office of a
189.9member of the board of county commissioners, the unexpired term of such member shall
189.10be filled by appointment by the county commissioners. Except to fill a vacancy the term
189.11of office of each member of the local social services agency shall commence on the first
189.12Thursday after the first Monday in July, and continue until the expiration of the term
189.13for which such member was appointed or until a successor is appointed and qualifies.
189.14If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
189.15or more nominees to the commissioner of human services for appointment to the local
189.16social services agency by the commissioner of human services, as herein provided, or to
189.17appoint the three members to the local social services agency, as herein provided, by the
189.18time when the terms of such members commence, or, in the event of vacancies, for a
189.19period of 30 days thereafter, the commissioner of human services is hereby empowered
189.20to and shall forthwith appoint residents of the county to the local social services agency.
189.21The commissioner of human services, on refusing to appoint a nominee from the list of
189.22nominees submitted by the board of county commissioners, shall notify the county board
189.23of such refusal. The county board shall thereupon nominate additional nominees. Before
189.24the commissioner of human services shall fill any vacancy hereunder resulting from the
189.25failure or refusal of the board of county commissioners of any county to act, as required
189.26herein, the commissioner of human services shall mail 15 days' written notice to the board
189.27of county commissioners of its intention to fill such vacancy or vacancies unless the board
189.28of county commissioners shall act before the expiration of the 15-day period.

189.29    Sec. 8. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
189.30    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1
189.31two or more counties may by resolution of their respective boards of county commissioners,
189.32agree to combine the functions of their separate local social services agency into one local
189.33social services agency to serve the two or more counties that enter into the agreement.
189.34Such agreement may be for a definite term or until terminated in accordance with its terms.
189.35When two or more counties have agreed to combine the functions of their separate local
190.1social services agency, a single local social services agency in lieu of existing individual
190.2local social services agency shall be established to direct the activities of the combined
190.3agency. This agency shall have the same powers, duties and functions as an individual local
190.4social services agency. The single local social services agency shall have representation
190.5from each of the participating counties with selection of the members to be as follows:
190.6(a) Each board of county commissioners entering into the agreement shall on an
190.7annual basis select one or two of its members to serve on the single local social services
190.8agency.
190.9(b) Each board of county commissioners entering into the agreement shall in
190.10accordance with procedures established by the commissioner of human services, submit a
190.11list of names of three county residents, who shall not be county commissioners, to the
190.12commissioner of human services. The commissioner shall select one person from each
190.13county list county resident who is not a county commissioner to serve as a local social
190.14services agency member.
190.15(c) The composition of the agency may be determined by the boards of county
190.16commissioners entering into the agreement providing that no less than one-third of the
190.17members are appointed as provided in clause paragraph (b).

190.18    Sec. 9. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to
190.19read:
190.20    Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT
190.21PROCESS.
190.22(a) The commissioner of human services shall issue a request for information for an
190.23integrated service delivery system for health care programs, food support, cash assistance,
190.24and child care. The commissioner shall determine, in consultation with partners in
190.25paragraph (c), if the products meet departments' and counties' functions. The request for
190.26information may incorporate a performance-based vendor financing option in which the
190.27vendor shares the risk of the project's success. The health care system must be developed
190.28in phases with the capacity to integrate food support, cash assistance, and child care
190.29programs as funds are available. The request for information must require that the system:
190.30(1) streamline eligibility determinations and case processing to support statewide
190.31eligibility processing;
190.32(2) enable interested persons to determine eligibility for each program, and to apply
190.33for programs online in a manner that the applicant will be asked only those questions
190.34relevant to the programs for which the person is applying;
191.1(3) leverage technology that has been operational in other state environments with
191.2similar requirements; and
191.3(4) include Web-based application, worker application processing support, and the
191.4opportunity for expansion.
191.5(b) The commissioner shall issue a final report, including the implementation plan,
191.6to the chairs and ranking minority members of the legislative committees with jurisdiction
191.7over health and human services no later than January 31, 2012.
191.8(c) The commissioner shall partner with counties, a service delivery authority
191.9established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology,
191.10other state agencies, and service partners to develop an integrated service delivery
191.11framework, which will simplify and streamline human services eligibility and enrollment
191.12processes. The primary objectives for the simplification effort include significantly
191.13improved eligibility processing productivity resulting in reduced time for eligibility
191.14determination and enrollment, increased customer service for applicants and recipients of
191.15services, increased program integrity, and greater administrative flexibility.
191.16(d) The commissioner, along with a county representative appointed by the
191.17Association of Minnesota Counties, shall report specific implementation progress to the
191.18legislature annually beginning May 15, 2012.
191.19(e) The commissioner shall work with the Minnesota Association of County Social
191.20Service Administrators and the Office of Enterprise Technology to develop collaborative
191.21task forces, as necessary, to support implementation of the service delivery components
191.22under this paragraph. The commissioner must evaluate, develop, and include as part
191.23of the integrated eligibility and enrollment service delivery framework, the following
191.24minimum components:
191.25(1) screening tools for applicants to determine potential eligibility as part of an
191.26online application process;
191.27(2) the capacity to use databases to electronically verify application and renewal
191.28data as required by law;
191.29(3) online accounts accessible by applicants and enrollees;
191.30(4) an interactive voice response system, available statewide, that provides case
191.31information for applicants, enrollees, and authorized third parties;
191.32(5) an electronic document management system that provides electronic transfer of
191.33all documents required for eligibility and enrollment processes; and
191.34(6) a centralized customer contact center that applicants, enrollees, and authorized
191.35third parties can use statewide to receive program information, application assistance,
192.1and case information, report changes, make cost-sharing payments, and conduct other
192.2eligibility and enrollment transactions.
192.3(f) (e) Subject to a legislative appropriation, the commissioner of human services
192.4shall issue a request for proposal for the appropriate phase of an integrated service delivery
192.5system for health care programs, food support, cash assistance, and child care.

192.6    Sec. 10. INSTRUCTIONS TO THE COMMISSIONER.
192.7The commissioner of human services must consult with community stakeholders
192.8regarding the impact of the decision of the United States Court of Appeals in Geston v.
192.9Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program.
192.10The commissioner must provide a written report to the chairs and ranking minority
192.11members of the house of representatives and senate standing committees with jurisdiction
192.12over medical assistance policy and finance no later than January 5, 2015. The report must
192.13include proposed legislation to ensure Minnesota's medical assistance program complies
192.14with the requirements of the Geston decision.

192.15    Sec. 11. RULEMAKING; REDUNDANT PROVISION REGARDING
192.16TRANSITION LENSES.
192.17The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
192.18subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
192.19payment under the medical assistance program. The commissioner may use the good
192.20cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
192.21rules under this section. Minnesota Statutes, section 14.386, does not apply except as
192.22provided in Minnesota Statutes, section 14.388.

192.23    Sec. 12. FEDERAL APPROVAL.
192.24By October 1, 2015, the commissioner of human services shall seek federal authority
192.25to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
192.26plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
192.27To be eligible, an individual must have family income at or below 200 percent of the
192.28federal poverty guidelines, except that for an individual under age 21, only the income of
192.29the individual must be considered in determining eligibility. Services under this program
192.30must be available on a presumptive eligibility basis.

192.31    Sec. 13. REVISOR'S INSTRUCTION.
193.1The revisor of statutes shall remove cross-references to the sections and parts
193.2repealed in section 14, paragraphs (a) and (b), wherever they appear in Minnesota Rules
193.3and shall make changes necessary to correct the punctuation, grammar, or structure of the
193.4remaining text and preserve its meaning.

193.5    Sec. 14. REPEALER.
193.6(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
193.7(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3;
193.89500.1456; and 9525.1580, are repealed.
193.9(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
193.109505.5325, are repealed contingent upon federal approval of the state Medicaid plan
193.11amendment under section 12. The commissioner of human services shall notify the
193.12revisor of statutes when this occurs.

193.13ARTICLE 11
193.14CHILDREN AND FAMILY SERVICES POLICY

193.15    Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
193.16    Subd. 2. General. (a) Data on individuals collected, maintained, used, or
193.17disseminated by the welfare system are private data on individuals, and shall not be
193.18disclosed except:
193.19    (1) according to section 13.05;
193.20    (2) according to court order;
193.21    (3) according to a statute specifically authorizing access to the private data;
193.22    (4) to an agent of the welfare system and an investigator acting on behalf of a county,
193.23the state, or the federal government, including a law enforcement person or attorney in the
193.24investigation or prosecution of a criminal, civil, or administrative proceeding relating to
193.25the administration of a program;
193.26    (5) to personnel of the welfare system who require the data to verify an individual's
193.27identity; determine eligibility, amount of assistance, and the need to provide services to
193.28an individual or family across programs; evaluate the effectiveness of programs; assess
193.29parental contribution amounts; and investigate suspected fraud;
193.30    (6) to administer federal funds or programs;
193.31    (7) between personnel of the welfare system working in the same program;
193.32    (8) to the Department of Revenue to assess parental contribution amounts for
193.33purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
193.34programs and to identify individuals who may benefit from these programs. The following
194.1information may be disclosed under this paragraph: an individual's and their dependent's
194.2names, dates of birth, Social Security numbers, income, addresses, and other data as
194.3required, upon request by the Department of Revenue. Disclosures by the commissioner
194.4of revenue to the commissioner of human services for the purposes described in this clause
194.5are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
194.6but are not limited to, the dependent care credit under section 290.067, the Minnesota
194.7working family credit under section 290.0671, the property tax refund and rental credit
194.8under section 290A.04, and the Minnesota education credit under section 290.0674;
194.9    (9) between the Department of Human Services, the Department of Employment
194.10and Economic Development, and when applicable, the Department of Education, for
194.11the following purposes:
194.12    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
194.13employment or training program administered, supervised, or certified by that agency;
194.14    (ii) to administer any rehabilitation program or child care assistance program,
194.15whether alone or in conjunction with the welfare system;
194.16    (iii) to monitor and evaluate the Minnesota family investment program or the child
194.17care assistance program by exchanging data on recipients and former recipients of food
194.18support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
194.19under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
194.20    (iv) to analyze public assistance employment services and program utilization,
194.21cost, effectiveness, and outcomes as implemented under the authority established in Title
194.22II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
194.231999. Health records governed by sections 144.291 to 144.298 and "protected health
194.24information" as defined in Code of Federal Regulations, title 45, section 160.103, and
194.25governed by Code of Federal Regulations, title 45, parts 160-164, including health care
194.26claims utilization information, must not be exchanged under this clause;
194.27    (10) to appropriate parties in connection with an emergency if knowledge of
194.28the information is necessary to protect the health or safety of the individual or other
194.29individuals or persons;
194.30    (11) data maintained by residential programs as defined in section 245A.02 may
194.31be disclosed to the protection and advocacy system established in this state according
194.32to Part C of Public Law 98-527 to protect the legal and human rights of persons with
194.33developmental disabilities or other related conditions who live in residential facilities for
194.34these persons if the protection and advocacy system receives a complaint by or on behalf
194.35of that person and the person does not have a legal guardian or the state or a designee of
194.36the state is the legal guardian of the person;
195.1    (12) to the county medical examiner or the county coroner for identifying or locating
195.2relatives or friends of a deceased person;
195.3    (13) data on a child support obligor who makes payments to the public agency
195.4may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
195.5determine eligibility under section 136A.121, subdivision 2, clause (5);
195.6    (14) participant Social Security numbers and names collected by the telephone
195.7assistance program may be disclosed to the Department of Revenue to conduct an
195.8electronic data match with the property tax refund database to determine eligibility under
195.9section 237.70, subdivision 4a;
195.10    (15) the current address of a Minnesota family investment program participant
195.11may be disclosed to law enforcement officers who provide the name of the participant
195.12and notify the agency that:
195.13    (i) the participant:
195.14    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
195.15conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
195.16jurisdiction from which the individual is fleeing; or
195.17    (B) is violating a condition of probation or parole imposed under state or federal law;
195.18    (ii) the location or apprehension of the felon is within the law enforcement officer's
195.19official duties; and
195.20    (iii) the request is made in writing and in the proper exercise of those duties;
195.21    (16) the current address of a recipient of general assistance or general assistance
195.22medical care may be disclosed to probation officers and corrections agents who are
195.23supervising the recipient and to law enforcement officers who are investigating the
195.24recipient in connection with a felony level offense;
195.25    (17) information obtained from food support applicant or recipient households may
195.26be disclosed to local, state, or federal law enforcement officials, upon their written request,
195.27for the purpose of investigating an alleged violation of the Food Stamp Act, according
195.28to Code of Federal Regulations, title 7, section 272.1 (c);
195.29    (18) the address, Social Security number, and, if available, photograph of any
195.30member of a household receiving food support shall be made available, on request, to a
195.31local, state, or federal law enforcement officer if the officer furnishes the agency with the
195.32name of the member and notifies the agency that:
195.33    (i) the member:
195.34    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
195.35crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
196.1    (B) is violating a condition of probation or parole imposed under state or federal
196.2law; or
196.3    (C) has information that is necessary for the officer to conduct an official duty related
196.4to conduct described in subitem (A) or (B);
196.5    (ii) locating or apprehending the member is within the officer's official duties; and
196.6    (iii) the request is made in writing and in the proper exercise of the officer's official
196.7duty;
196.8    (19) the current address of a recipient of Minnesota family investment program,
196.9general assistance, general assistance medical care, or food support may be disclosed to
196.10law enforcement officers who, in writing, provide the name of the recipient and notify the
196.11agency that the recipient is a person required to register under section 243.166, but is not
196.12residing at the address at which the recipient is registered under section 243.166;
196.13    (20) certain information regarding child support obligors who are in arrears may be
196.14made public according to section 518A.74;
196.15    (21) data on child support payments made by a child support obligor and data on
196.16the distribution of those payments excluding identifying information on obligees may be
196.17disclosed to all obligees to whom the obligor owes support, and data on the enforcement
196.18actions undertaken by the public authority, the status of those actions, and data on the
196.19income of the obligor or obligee may be disclosed to the other party;
196.20    (22) data in the work reporting system may be disclosed under section 256.998,
196.21subdivision 7
;
196.22    (23) to the Department of Education for the purpose of matching Department of
196.23Education student data with public assistance data to determine students eligible for free
196.24and reduced-price meals, meal supplements, and free milk according to United States
196.25Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
196.26state funds that are distributed based on income of the student's family; and to verify
196.27receipt of energy assistance for the telephone assistance plan;
196.28    (24) the current address and telephone number of program recipients and emergency
196.29contacts may be released to the commissioner of health or a local board of health as
196.30defined in section 145A.02, subdivision 2, when the commissioner or local board of health
196.31has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
196.32risk of illness, and the data are necessary to locate the person;
196.33    (25) to other state agencies, statewide systems, and political subdivisions of this
196.34state, including the attorney general, and agencies of other states, interstate information
196.35networks, federal agencies, and other entities as required by federal regulation or law for
196.36the administration of the child support enforcement program;
197.1    (26) to personnel of public assistance programs as defined in section 256.741, for
197.2access to the child support system database for the purpose of administration, including
197.3monitoring and evaluation of those public assistance programs;
197.4    (27) to monitor and evaluate the Minnesota family investment program by
197.5exchanging data between the Departments of Human Services and Education, on
197.6recipients and former recipients of food support, cash assistance under chapter 256, 256D,
197.7256J, or 256K, child care assistance under chapter 119B, or medical programs under
197.8chapter 256B, 256D, or 256L;
197.9    (28) to evaluate child support program performance and to identify and prevent
197.10fraud in the child support program by exchanging data between the Department of Human
197.11Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
197.12and (b), without regard to the limitation of use in paragraph (c), Department of Health,
197.13Department of Employment and Economic Development, and other state agencies as is
197.14reasonably necessary to perform these functions;
197.15    (29) counties operating child care assistance programs under chapter 119B may
197.16disseminate data on program participants, applicants, and providers to the commissioner
197.17of education; or
197.18    (30) child support data on the parents and the child, the parents, and relatives of the
197.19child may be disclosed to agencies administering programs under titles IV-B and IV-E of
197.20the Social Security Act, as provided authorized by federal law. Data may be disclosed
197.21only to the extent necessary for the purpose of establishing parentage or for determining
197.22who has or may have parental rights with respect to a child, which could be related
197.23to permanency planning.
197.24    (b) Information on persons who have been treated for drug or alcohol abuse may
197.25only be disclosed according to the requirements of Code of Federal Regulations, title
197.2642, sections 2.1 to 2.67.
197.27    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
197.28(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
197.29nonpublic while the investigation is active. The data are private after the investigation
197.30becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
197.31    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
197.32not subject to the access provisions of subdivision 10, paragraph (b).
197.33    For the purposes of this subdivision, a request will be deemed to be made in writing
197.34if made through a computer interface system.

197.35    Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
198.1    Subd. 2. Contractual agreements with tribes. The commissioner may enter into
198.2contractual agreements with a federally recognized Indian tribe with a reservation in
198.3Minnesota to carry out the responsibilities of county human service agencies to the
198.4extent necessary for the tribe to operate child care assistance programs under sections
198.5119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursed the state
198.6to make payments for child care assistance services provided under section 119B.05.
198.7The commissioner shall consult with the affected county or counties in the contractual
198.8agreement negotiations, if the county or counties wish to be included, in order to avoid
198.9the duplication of county and tribal child care services. Funding to support services
198.10under section 119B.03 may be transferred to the federally recognized Indian tribe with a
198.11reservation in Minnesota from allocations available to counties in which reservation
198.12boundaries lie. When funding is transferred under section 119B.03, the amount shall be
198.13commensurate to estimates of the proportion of reservation residents with characteristics
198.14identified in section 119B.03, subdivision 6, to the total population of county residents
198.15with those same characteristics.

198.16    Sec. 3. Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read:
198.17    Subd. 6. Maximum child care assistance. The maximum amount of child care
198.18assistance a local agency may authorize pay for in a two-week period is 120 hours per child.

198.19    Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
198.20    Subd. 13. Child care in the child's home. (a) Child care assistance must only be
198.21authorized in the child's home if:
198.22    (1) the child's parents have authorized activities outside of the home and if; or
198.23    (2) one parent in a two-parent family is in an authorized activity outside of the home
198.24and one parent is unable to care for the child and meets the requirements in Minnesota
198.25Rules, part 3400.0040, subpart 5.
198.26    (b) In order for child care assistance to be authorized under paragraph (a), clause (1)
198.27or (2), one or more of the following circumstances are must be met:
198.28    (1) the parents' qualifying authorized activity occurs during times when out-of-home
198.29care is not available or when out-of-home care would result in disruption of the child's
198.30nighttime sleep schedule. If child care is needed during any period when out-of-home care
198.31is not available, in-home care can be approved for the entire time care is needed;
198.32    (2) the family lives in an area where out-of-home care is not available; or
199.1    (3) a child has a verified illness or disability that would place the child or other
199.2children in an out-of-home facility at risk or creates a hardship for the child and the family
199.3to take the child out of the home to a child care home or center.
199.4EFFECTIVE DATE.This section is effective the day following final enactment.

199.5    Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision
199.6to read:
199.7    Subd. 9. Personal statement. If a county agency determines that an applicant is
199.8ineligible due to not meeting eligibility requirements of this chapter, a county agency may
199.9accept a signed personal statement from the applicant in lieu of documentation verifying
199.10ineligibility.

199.11    Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
199.12    Subdivision 1. Verification. (a) The county agency shall request, and applicants
199.13and recipients shall provide and verify, all information necessary to determine initial and
199.14continuing eligibility and assistance payment amounts. If necessary, the county agency
199.15shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient
199.16refuses or fails without good cause to provide the information or verification, the county
199.17agency shall deny or terminate assistance.
199.18    (b) If a county agency determines that an applicant is ineligible due to not meeting
199.19eligibility requirements of this chapter, a county agency may accept a signed personal
199.20statement from the applicant in lieu of documentation verifying ineligibility.

199.21    Sec. 7. Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision
199.22to read:
199.23    Subd. 5. Merger. In the case of a merger between community action agencies, the
199.24newly created agency receives a base funding amount equal to the sum of the merged
199.25agencies' base funding amounts at the point of the merger as described in subdivision 2,
199.26paragraph (b), unless the commissioner determines the funding amount should be less
199.27than the sum of the merged agencies' base funding amount due to savings resulting from
199.28fewer redundancies and duplicative services.

199.29    Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
199.30    Subd. 1a. County approval. (a) A county agency may not approve a group
199.31residential housing payment for an individual in any setting with a rate in excess of the
200.1MSA equivalent rate for more than 30 days in a calendar year unless the county agency
200.2has developed or approved a plan for the individual which specifies that:
200.3    (1) the individual has an illness or incapacity which prevents the person from living
200.4independently in the community; and
200.5    (2) the individual's illness or incapacity requires the services which are available in
200.6the group residence.
200.7    The plan must be signed or countersigned by any of the following employees of the
200.8county of financial responsibility: the director of human services or a designee of the
200.9director; a social worker; or a case aide.
200.10    (b) If a county agency determines that an applicant is ineligible due to not meeting
200.11eligibility requirements under this section, a county agency may accept a signed personal
200.12statement from the applicant in lieu of documentation verifying ineligibility.

200.13    Sec. 9. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
200.14    Subd. 3. Submitting application form. (a) A county agency must offer, in person
200.15or by mail, the application forms prescribed by the commissioner as soon as a person
200.16makes a written or oral inquiry. At that time, the county agency must:
200.17    (1) inform the person that assistance begins with the date the signed application is
200.18received by the county agency or the date all eligibility criteria are met, whichever is later;
200.19    (2) inform the person that any delay in submitting the application will reduce the
200.20amount of assistance paid for the month of application;
200.21    (3) inform a person that the person may submit the application before an interview;
200.22    (4) explain the information that will be verified during the application process by the
200.23county agency as provided in section 256J.32;
200.24    (5) inform a person about the county agency's average application processing time
200.25and explain how the application will be processed under subdivision 5;
200.26    (6) explain how to contact the county agency if a person's application information
200.27changes and how to withdraw the application;
200.28    (7) inform a person that the next step in the application process is an interview
200.29and what a person must do if the application is approved including, but not limited to,
200.30attending orientation under section 256J.45 and complying with employment and training
200.31services requirements in sections 256J.515 to 256J.57;
200.32    (8) inform the person that the interview must be conducted face-to-face in the county
200.33office, through Internet telepresence, or at a location mutually agreed upon;
200.34    (9) inform a person who has received MFIP or DWP in the past 12 months of the
200.35option to have a face-to-face, Internet telepresence, or telephone interview;
201.1    (8) (10) explain the child care and transportation services that are available under
201.2paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
201.3    (9) (11) identify any language barriers and arrange for translation assistance during
201.4appointments, including, but not limited to, screening under subdivision 3a, orientation
201.5under section 256J.45, and assessment under section 256J.521.
201.6    (b) Upon receipt of a signed application, the county agency must stamp the date of
201.7receipt on the face of the application. The county agency must process the application
201.8within the time period required under subdivision 5. An applicant may withdraw the
201.9application at any time by giving written or oral notice to the county agency. The county
201.10agency must issue a written notice confirming the withdrawal. The notice must inform
201.11the applicant of the county agency's understanding that the applicant has withdrawn the
201.12application and no longer wants to pursue it. When, within ten days of the date of the
201.13agency's notice, an applicant informs a county agency, in writing, that the applicant does
201.14not wish to withdraw the application, the county agency must reinstate the application and
201.15finish processing the application.
201.16    (c) Upon a participant's request, the county agency must arrange for transportation
201.17and child care or reimburse the participant for transportation and child care expenses
201.18necessary to enable participants to attend the screening under subdivision 3a and
201.19orientation under section 256J.45.

201.20    Sec. 10. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
201.21    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of
201.22all nonexcluded real and personal property of the assistance unit must not exceed $2,000
201.23for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
201.24(19) must be excluded when determining the equity value of real and personal property:
201.25    (1) a licensed vehicle up to a loan trade-in value of less than or equal to $10,000.
201.26If the assistance unit owns more than one licensed vehicle, the county agency shall
201.27determine the loan trade-in value of all additional vehicles and exclude the combined
201.28loan trade-in value of less than or equal to $7,500. The county agency shall apply any
201.29excess loan trade-in value as if it were equity value to the asset limit described in this
201.30section, excluding: (i) the value of one vehicle per physically disabled person when the
201.31vehicle is needed to transport the disabled unit member; this exclusion does not apply to
201.32mentally disabled people; (ii) the value of special equipment for a disabled member of
201.33the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily
201.34commuting, for the employment of a unit member.
202.1    To establish the loan trade-in value of vehicles, a county agency must use the
202.2N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars online car
202.3values and car prices guide. When a vehicle is not listed in the guidebook, or when the
202.4applicant or participant disputes the loan trade-in value listed in the guidebook online
202.5guide as unreasonable given the condition of the particular vehicle, the county agency
202.6may require the applicant or participant document the loan trade-in value by securing a
202.7written statement from a motor vehicle dealer licensed under section 168.27, stating
202.8the amount that the dealer would pay to purchase the vehicle. The county agency shall
202.9reimburse the applicant or participant for the cost of a written statement that documents a
202.10lower loan trade-in value;
202.11    (2) the value of life insurance policies for members of the assistance unit;
202.12    (3) one burial plot per member of an assistance unit;
202.13    (4) the value of personal property needed to produce earned income, including
202.14tools, implements, farm animals, inventory, business loans, business checking and
202.15savings accounts used at least annually and used exclusively for the operation of a
202.16self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
202.17is to produce income and if the vehicles are essential for the self-employment business;
202.18    (5) the value of personal property not otherwise specified which is commonly
202.19used by household members in day-to-day living such as clothing, necessary household
202.20furniture, equipment, and other basic maintenance items essential for daily living;
202.21    (6) the value of real and personal property owned by a recipient of Supplemental
202.22Security Income or Minnesota supplemental aid;
202.23    (7) the value of corrective payments, but only for the month in which the payment
202.24is received and for the following month;
202.25    (8) a mobile home or other vehicle used by an applicant or participant as the
202.26applicant's or participant's home;
202.27    (9) money in a separate escrow account that is needed to pay real estate taxes or
202.28insurance and that is used for this purpose;
202.29    (10) money held in escrow to cover employee FICA, employee tax withholding,
202.30sales tax withholding, employee worker compensation, business insurance, property rental,
202.31property taxes, and other costs that are paid at least annually, but less often than monthly;
202.32    (11) monthly assistance payments for the current month's or short-term emergency
202.33needs under section 256J.626, subdivision 2;
202.34    (12) the value of school loans, grants, or scholarships for the period they are
202.35intended to cover;
203.1    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in
203.2escrow for a period not to exceed three months to replace or repair personal or real property;
203.3    (14) income received in a budget month through the end of the payment month;
203.4    (15) savings from earned income of a minor child or a minor parent that are set aside
203.5in a separate account designated specifically for future education or employment costs;
203.6    (16) the federal earned income credit, Minnesota working family credit, state and
203.7federal income tax refunds, state homeowners and renters credits under chapter 290A,
203.8property tax rebates and other federal or state tax rebates in the month received and the
203.9following month;
203.10    (17) payments excluded under federal law as long as those payments are held in a
203.11separate account from any nonexcluded funds;
203.12    (18) the assets of children ineligible to receive MFIP benefits because foster care or
203.13adoption assistance payments are made on their behalf; and
203.14    (19) the assets of persons whose income is excluded under section 256J.21,
203.15subdivision 2
, clause (43).

203.16    Sec. 11. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is
203.17amended to read:
203.18    Subd. 2. Income exclusions. The following must be excluded in determining a
203.19family's available income:
203.20    (1) payments for basic care, difficulty of care, and clothing allowances received for
203.21providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
203.22to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care
203.23for children under section 260C.4411 or chapter 256N, and payments received and used
203.24for care and maintenance of a third-party beneficiary who is not a household member;
203.25    (2) reimbursements for employment training received through the Workforce
203.26Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
203.27    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
203.28services, jury duty, employment, or informal carpooling arrangements directly related to
203.29employment;
203.30    (4) all educational assistance, except the county agency must count graduate student
203.31teaching assistantships, fellowships, and other similar paid work as earned income and,
203.32after allowing deductions for any unmet and necessary educational expenses, shall
203.33count scholarships or grants awarded to graduate students that do not require teaching
203.34or research as unearned income;
204.1    (5) loans, regardless of purpose, from public or private lending institutions,
204.2governmental lending institutions, or governmental agencies;
204.3    (6) loans from private individuals, regardless of purpose, provided an applicant or
204.4participant documents that the lender expects repayment;
204.5    (7)(i) state income tax refunds; and
204.6    (ii) federal income tax refunds;
204.7    (8)(i) federal earned income credits;
204.8    (ii) Minnesota working family credits;
204.9    (iii) state homeowners and renters credits under chapter 290A; and
204.10    (iv) federal or state tax rebates;
204.11    (9) funds received for reimbursement, replacement, or rebate of personal or real
204.12property when these payments are made by public agencies, awarded by a court, solicited
204.13through public appeal, or made as a grant by a federal agency, state or local government,
204.14or disaster assistance organizations, subsequent to a presidential declaration of disaster;
204.15    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
204.16burial expenses, or to repair or replace insured property;
204.17    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
204.18    (12) payments by a vocational rehabilitation program administered by the state
204.19under chapter 268A, except those payments that are for current living expenses;
204.20    (13) in-kind income, including any payments directly made by a third party to a
204.21provider of goods and services;
204.22    (14) assistance payments to correct underpayments, but only for the month in which
204.23the payment is received;
204.24    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
204.25    (16) funeral and cemetery payments as provided by section 256.935;
204.26    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
204.27a calendar month;
204.28    (18) any form of energy assistance payment made through Public Law 97-35,
204.29Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
204.30providers by other public and private agencies, and any form of credit or rebate payment
204.31issued by energy providers;
204.32    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
204.33other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
204.34    (20) Minnesota supplemental aid, including retroactive payments;
204.35    (21) proceeds from the sale of real or personal property;
205.1    (22) state adoption or kinship assistance payments under chapter 256N or 259A, and
205.2up to an equal amount of county adoption assistance payments Minnesota permanency
205.3demonstration title IV-E waiver payments under section 256.01, subdivision 14a;
205.4    (23) state-funded family subsidy program payments made under section 252.32 to
205.5help families care for children with developmental disabilities, consumer support grant
205.6funds under section 256.476, and resources and services for a disabled household member
205.7under one of the home and community-based waiver services programs under chapter 256B;
205.8    (24) interest payments and dividends from property that is not excluded from and
205.9that does not exceed the asset limit;
205.10    (25) rent rebates;
205.11    (26) income earned by a minor caregiver, minor child through age 6, or a minor
205.12child who is at least a half-time student in an approved elementary or secondary education
205.13program;
205.14    (27) income earned by a caregiver under age 20 who is at least a half-time student in
205.15an approved elementary or secondary education program;
205.16    (28) MFIP child care payments under section 119B.05;
205.17    (29) all other payments made through MFIP to support a caregiver's pursuit of
205.18greater economic stability;
205.19    (30) income a participant receives related to shared living expenses;
205.20    (31) reverse mortgages;
205.21    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
205.2242, chapter 13A, sections 1771 to 1790;
205.23    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
205.24United States Code, title 42, chapter 13A, section 1786;
205.25    (34) benefits from the National School Lunch Act, United States Code, title 42,
205.26chapter 13, sections 1751 to 1769e;
205.27    (35) relocation assistance for displaced persons under the Uniform Relocation
205.28Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
205.2942, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
205.30Code, title 12, chapter 13, sections 1701 to 1750jj;
205.31    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
205.3212, part 2, sections 2271 to 2322;
205.33    (37) war reparations payments to Japanese Americans and Aleuts under United
205.34States Code, title 50, sections 1989 to 1989d;
206.1    (38) payments to veterans or their dependents as a result of legal settlements
206.2regarding Agent Orange or other chemical exposure under Public Law 101-239, section
206.310405, paragraph (a)(2)(E);
206.4    (39) income that is otherwise specifically excluded from MFIP consideration in
206.5federal law, state law, or federal regulation;
206.6    (40) security and utility deposit refunds;
206.7    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
206.898-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
206.9Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
206.10under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
206.11    (42) all income of the minor parent's parents and stepparents when determining the
206.12grant for the minor parent in households that include a minor parent living with parents or
206.13stepparents on MFIP with other children;
206.14    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
206.15federal poverty guideline for a family size not including the minor parent and the minor
206.16parent's child in households that include a minor parent living with parents or stepparents
206.17not on MFIP when determining the grant for the minor parent. The remainder of income is
206.18deemed as specified in section 256J.37, subdivision 1b;
206.19    (44) payments made to children eligible for relative custody assistance under section
206.20257.85 ;
206.21    (45) vendor payments for goods and services made on behalf of a client unless the
206.22client has the option of receiving the payment in cash;
206.23    (46) the principal portion of a contract for deed payment;
206.24    (47) cash payments to individuals enrolled for full-time service as a volunteer under
206.25AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
206.26National, and AmeriCorps NCCC; and
206.27    (48) housing assistance grants under section 256J.35, paragraph (a).
206.28EFFECTIVE DATE.This section is effective January 1, 2015.

206.29    Sec. 12. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is
206.30amended to read:
206.31    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The
206.32following individuals who are part of the assistance unit determined under subdivision 2
206.33are ineligible to receive MFIP:
206.34    (1) individuals who are recipients of Supplemental Security Income or Minnesota
206.35supplemental aid;
207.1    (2) individuals disqualified from the food stamp or food support program or MFIP,
207.2until the disqualification ends;
207.3    (3) children on whose behalf federal, state or local foster care payments are made,
207.4except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
207.5    (4) children receiving ongoing guardianship assistance payments under chapter 256N;
207.6    (4) (5) children receiving ongoing monthly adoption assistance payments under
207.7chapter 256N or 259A; and
207.8    (5) (6) individuals disqualified from the work participation cash benefit program
207.9until that disqualification ends.
207.10    (b) The exclusion of a person under this subdivision does not alter the mandatory
207.11assistance unit composition.
207.12EFFECTIVE DATE.This section is effective January 1, 2015.

207.13    Sec. 13. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
207.14    Subd. 4. Participant's completion of recertification of eligibility form. A
207.15participant must complete forms prescribed by the commissioner which are required
207.16for recertification of eligibility according to section 256J.32, subdivision 6. A county
207.17agency must end benefits when the participant fails to submit the recertification form and
207.18verifications and complete the interview process before the end of the certification period.
207.19If the participant submits the recertification form by the last day of the certification period,
207.20benefits may be reinstated back to the date of closing when the recertification process is
207.21completed during the first month after benefits ended.

207.22    Sec. 14. Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read:
207.23    Subd. 12. Requirement to provide Social Security numbers. Each member
207.24of the assistance unit must provide the member's Social Security number to the county
207.25agency, except for members in the assistance unit who are qualified noncitizens who are
207.26victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7)
207.27 clauses (8) and (9). When a Social Security number is not provided to the county agency
207.28for verification, this requirement is satisfied when each member of the assistance unit
207.29cooperates with the procedures for verification of numbers, issuance of duplicate cards,
207.30and issuance of new numbers which have been established jointly between the Social
207.31Security Administration and the commissioner.

207.32    Sec. 15. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
208.1    Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
208.2annual face-to-face interview with the participant. The county agency may waive the
208.3face-to-face interview and conduct a phone interview for participants who qualify under
208.4paragraph (b). The interview may be conducted by phone, Internet telepresence, or
208.5face-to-face in the county office or in another location mutually agreed upon. During the
208.6interview, the county agency shall verify the following:
208.7    (1) presence of the minor child in the home, if questionable;
208.8    (2) income, unless excluded, including self-employment expenses used as a
208.9deduction or deposits or withdrawals from business accounts;
208.10    (3) assets when the value is within $200 of the asset limit;
208.11    (4) information to establish an exception under section 256J.24, subdivision 9, if
208.12questionable;
208.13    (5) inconsistent information, if related to eligibility; and
208.14    (6) whether a single caregiver household meets requirements in section 256J.575,
208.15subdivision 3.
208.16    (b) A participant who is employed any number of hours must be given the option
208.17of conducting a face-to-face or a phone interview or Internet telepresence to recertify
208.18eligibility. The participant must be employed at the time the interview is scheduled. If
208.19the participant loses the participant's job between the time the interview is scheduled and
208.20when it is to be conducted, the phone interview may still be conducted.

208.21    Sec. 16. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
208.22    Subd. 8. Personal statement. (a) The county agency may accept a signed personal
208.23statement from the applicant or participant explaining the reasons that the documentation
208.