relating to health and human services; modifying health care, human services
operations, and continuing care provisions; modifying bond requirements for
medical suppliers; requiring the commissioner to seek federal authority to amend
the state Medicaid plan; modifying the criteria for stroke centers; making changes
to home care provider licensing and compliance monitoring; requiring dementia
care training; modifying personal care assistance provisions; modifying child
care and foster care licensing provisions; amending mental and chemical health
provisions; clarifying common entry point related to reports of maltreatment of
vulnerable adults; making changes to the local public health system; modifying
the licensure requirements for chiropractors, athletic trainers, occupational
therapists, licensed professional clinical counselors, podiatry; modifying the
certification agencies for doula certification; providing an exception for eyeglass
prescription expiration date; requiring employers to report diverted narcotics;
regulating electronic cigarettes; exempting certain funeral establishments;
exempting dental facilities from diagnostic imaging accreditation; requiring a
patient notice with mammogram results; requiring pharmacy benefit mangers
to provide maximum allowable cost pricing to pharmacies; prohibiting the use
of tanning equipment for children under the age of 18; specifying the protocol
for pharmacist administration of vaccines; requiring the commissioner of
health to assess and report on the quality of care for ST elevation myocardial
infarction; requiring AED devices to be registered with a registry; establishing
a health care home advisory committee; authorizing the use of complementary
and alternative health care practices; modifying provisions governing the
Board of Dentistry; modifying provisions governing the Board of Pharmacy;
providing penalties; changing grounds for disciplinary action by the Board of
Nursing; making changes to the health professionals services program; adding
substances to the schedule for controlled substances; authorizing rulemaking;
changing fees; appropriating money;amending Minnesota Statutes 2012,
sections 62J.497, subdivision 5; 144.413, subdivision 4; 144.4165; 144D.065;
145A.02, subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2,
4, 5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2;
145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions
1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 146A.01, subdivision 6;
148.01, subdivisions 1, 2, by adding a subdivision; 148.105, subdivision 1;
148.261, subdivisions 1, 4, by adding a subdivision; 148.6402, subdivision 17;
148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9;
148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 4;
148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 148.995,
subdivision 2; 148.996, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92,
by adding a subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a,
1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivisions 3, 8, 16; 150A.10; 151.01; 151.06;
151.211; 151.26; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58,
subdivisions 2, 3, 5; 152.126, as amended; 153.16, subdivisions 1, 2, 3, by adding
subdivisions; 214.09, subdivision 3; 214.32, by adding a subdivision; 214.33,
subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 245A.03,
subdivision 6a; 253B.092, subdivision 2; 254B.01, by adding a subdivision;
254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659, subdivisions 11,
28; 256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016,
subdivision 1; 256B.69, subdivision 16; 256D.01, subdivision 1e; 256G.02,
subdivision 6; 256I.03, subdivision 3; 256I.04, subdivision 2a; 260C.157,
subdivision 3; 260C.212, subdivision 2; 260C.215, subdivisions 4, 6, by adding
a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18;
461.19; 609.685; 609.6855; 626.556, subdivision 11c, by adding a subdivision;
Minnesota Statutes 2013 Supplement, sections 103I.205, subdivision 4; 144.1225,
subdivision 2; 144.493, subdivisions 1, 2; 144.494, subdivision 2; 144A.474,
subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions; 144A.4799,
subdivision 3; 145A.06, subdivision 7; 146A.11, subdivision 1; 151.252, by
adding a subdivision; 152.02, subdivision 2; 245A.1435; 245A.50, subdivision
5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21;
256B.0625, subdivision 9; 256B.0659, subdivision 21; 256B.0922, subdivision
1; 256B.093, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85,
subdivision 12; 256D.44, subdivision 5; 260.835, subdivision 2; 364.09; 626.557,
subdivision 9; Laws 2011, First Special Session chapter 9, article 7, section 7;
article 9, section 17; Laws 2013, chapter 108, article 7, section 60; proposing
coding for new law in Minnesota Statutes, chapters 144; 144D; 145; 146A; 150A;
151; 325H; 403; 611A; repealing Minnesota Statutes 2012, sections 145A.02,
subdivision 2; 145A.03, subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5,
7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7;
148.01, subdivision 3; 148.7808, subdivision 2; 148.7813; 256.01, subdivision
32; 325H.06; 325H.08; Minnesota Statutes 2013 Supplement, section 148.6440;
Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126;
9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305;
9505.5310; 9505.5315; 9505.5325; 9525.1580.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
Subd. 5. Electronic drug prior authorization standardization and transmission.
(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
Committee and the Minnesota Administrative Uniformity Committee, shall, by February
15, 2010, identify an outline on how best to standardize drug prior authorization request
transactions between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic transmissions.
(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
develop the standard companion guide by which providers and group purchasers will
exchange standard drug authorization requests using electronic data interchange standards,
if available, with the goal of alignment with standards that are or will potentially be used
(c) No later than January 1,
, drug prior authorization requests must be
accessible and submitted by health care providers, and accepted by group purchasers,
electronically through secure electronic transmissions. Facsimile shall not be considered
Sec. 2. Minnesota Statutes 2013 Supplement, section 103I.205, subdivision 4, is
amended to read:
Subd. 4. License required.
(a) Except as provided in paragraph (b), (c), (d), or (e),
103I.401, subdivision 2
, or section
103I.601, subdivision 2
, a person may not
drill, construct, repair, or seal a well or boring unless the person has a well contractor's
license in possession.
(b) A person may construct, repair, and seal a monitoring well if the person:
(1) is a professional engineer licensed under sections
branches of civil or geological engineering;
(2) is a hydrologist or hydrogeologist certified by the American Institute of
(3) is a professional geoscientist licensed under sections
(4) is a geologist certified by the American Institute of Professional Geologists; or
(5) meets the qualifications established by the commissioner in rule.
A person must register with the commissioner as a monitoring well contractor on
forms provided by the commissioner.
(c) A person may do the following work with a limited well/boring contractor's
license in possession. A separate license is required for each of the six activities:
(1) installing or repairing well screens or pitless units or pitless adaptors and well
casings from the pitless adaptor or pitless unit to the upper termination of the well casing;
(2) constructing, repairing, and sealing drive point wells or dug wells;
(3) installing well pumps or pumping equipment;
(4) sealing wells;
(5) constructing, repairing, or sealing dewatering wells; or
(6) constructing, repairing, or sealing bored geothermal heat exchangers.
(d) A person may construct, repair, and seal an elevator boring with an elevator
boring contractor's license.
(e) Notwithstanding other provisions of this chapter requiring a license or
registration, a license or registration is not required for a person who complies with the
other provisions of this chapter if the person is:
(1) an individual who constructs a well on land that is owned or leased by the
individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode;
(2) an individual who performs labor or services for a contractor licensed or
registered under the provisions of this chapter in connection with the construction, sealing,
or repair of a well or boring at the direction and under the personal supervision of a
contractor licensed or registered under the provisions of this chapter; or
4.11(3) a licensed plumber who is repairing submersible pumps or water pipes associated
4.12with well water systems if the repair location is within an area where there is no licensed
4.13or registered well contractor within 25 miles
Sec. 3. [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
4.15 Subdivision 1. Definition. For purposes of this section, "facility" has the meaning
4.16provided in United States Code, title 42, section 263b(a)(3)(A).
4.17 Subd. 2. Required notice. A facility at which a mammography examination is
4.18performed shall, if a patient is categorized by the facility as having heterogeneously
4.19dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data
4.20System established by the American College of Radiology, include in the summary of the
4.21written report that is sent to the patient, as required by the federal Mammography Quality
4.22Standards Act, United States Code, title 42, section 263b, notice that the patient has dense
4.23breast tissue, that this may make it more difficult to detect cancer on a mammogram, and
4.24that it may increase her risk of breast cancer. The following language may be used:
4.25"Your mammogram shows that your breast tissue is dense. Dense breast tissue is
4.26relatively common and is found in more than 40 percent of women. However, dense
4.27breast tissue may make it more difficult to identify precancerous lesions or cancer through
4.28a mammogram and may also be associated with an increased risk of breast cancer. This
4.29information about the results of your mammogram is given to you to raise your own
4.30awareness and to help inform your conversations with your treating clinician who has
4.31received a report of your mammogram results. Together you can decide which screening
4.32options are right for you based on your mammogram results, individual risk factors,
4.33or physical examination."
Sec. 4. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
amended to read:
Subd. 2. Accreditation required.
(a)(1) Except as otherwise provided in
(b) and (c)
, advanced diagnostic imaging services eligible for reimbursement
from any source, including, but not limited to, the individual receiving such services
and any individual or group insurance contract, plan, or policy delivered in this state,
including, but not limited to, private health insurance plans, workers' compensation
insurance, motor vehicle insurance, the State Employee Group Insurance Program
(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
which the service has been conducted and processed is licensed pursuant to sections
or accredited by one of the following entities:
(i) American College of Radiology (ACR);
(ii) Intersocietal Accreditation Commission (IAC);
(iii) the Joint Commission; or
(iv) other relevant accreditation organization designated by the Secretary of the
United States Department of Health and Human Services pursuant to United States Code,
title 42, section 1395M.
(2) All accreditation standards recognized under this section must include, but are
not limited to:
(i) provisions establishing qualifications of the physician;
(ii) standards for quality control and routine performance monitoring by a medical
(iii) qualifications of the technologist, including minimum standards of supervised
(iv) guidelines for personnel and patient safety; and
(v) standards for initial and ongoing quality control using clinical image review
and quantitative testing.
(b) Any facility that performs advanced diagnostic imaging services and is eligible
to receive reimbursement for such services from any source in paragraph (a), clause (1),
must obtain licensure pursuant to sections
or accreditation pursuant to
paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
imaging services in the state must obtain licensure or accreditation
prior to within
5.33six months of
commencing operations and must
, at all times,
maintain either licensure
pursuant to sections
or accreditation with an accrediting organization as
provided in paragraph (a).
6.1(c) Dental clinics or offices that perform diagnostic imaging through dental cone
6.2beam computerized tomography do not need to meet the accreditation or reporting
6.3requirements in this section.
6.4EFFECTIVE DATE.The amendment to paragraph (b) is effective the day
6.5following final enactment. The amendment to paragraph (a) and paragraph (c) are
6.6effective retroactively from August 1, 2013.
Sec. 5. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
amended to read:
Subdivision 1. Comprehensive stroke center.
A hospital meets the criteria for a
comprehensive stroke center if the hospital has been certified as a comprehensive stroke
center by the joint commission or another nationally recognized accreditation entity and
6.12the hospital participates in the Minnesota stroke registry program
Sec. 6. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
amended to read:
Subd. 2. Primary stroke center.
A hospital meets the criteria for a primary stroke
center if the hospital has been certified as a primary stroke center by the joint commission
or another nationally recognized accreditation entity and the hospital participates in the
6.18Minnesota stroke registry program
Sec. 7. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is
amended to read:
Subd. 2. Designation.
A hospital that voluntarily meets the criteria for a
comprehensive stroke center, primary stroke center, or acute stroke ready hospital may
apply to the commissioner for designation, and upon the commissioner's review and
approval of the application, shall be designated as a comprehensive stroke center, a
primary stroke center, or an acute stroke ready hospital for a three-year period. If a
hospital loses its certification as a comprehensive stroke center or primary stroke center
from the joint commission or other nationally recognized accreditation entity, or no
6.28longer participates in the Minnesota stroke registry program,
its Minnesota designation
shall be immediately withdrawn. Prior to the expiration of the three-year designation, a
hospital seeking to remain part of the voluntary acute stroke system may reapply to the
commissioner for designation.
Sec. 8. [144.497] ST ELEVATION MYOCARDIAL INFARCTION.
7.1The commissioner of health shall assess and report on the quality of care provided in
7.2the state for ST elevation myocardial infarction response and treatment. The commissioner
7.4(1) utilize and analyze data provided by ST elevation myocardial infarction receiving
7.5centers to the ACTION Registry-Get with the guidelines or an equivalent data platform
7.6that does not identify individuals or associate specific ST elevation myocardial infarction
7.7heart attack events with an identifiable individual;
7.8(2) quarterly post a summary report of the data in aggregate form on the Department
7.9of Health Web site;
7.10(3) annually inform the legislative committees with jurisdiction over public health
7.11of progress toward improving the quality of care and patient outcomes for ST elevation
7.12myocardial infarctions; and
7.13(4) coordinate to the extent possible with national voluntary health organizations
7.14involved in ST elevation myocardial infarction heart attack quality improvement to
7.15encourage ST elevation myocardial infarction receiving centers to report data consistent
7.16with nationally recognized guidelines on the treatment of individuals with confirmed ST
7.17elevation myocardial infarction heart attacks within the state and encourage sharing of
7.18information among health care providers on ways to improve the quality of care of ST
7.19elevation myocardial infarction patients in Minnesota.
Sec. 9. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, is
amended to read:
Subd. 8. Correction orders.
(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.
(b) The commissioner shall mail copies of any correction order
within 30 calendar
7.28 days after an exit survey
to the last known address of the home care provider, or
7.29electronically scan the correction order and e-mail it to the last known home care provider
7.30e-mail address, within 30 calendar days after the survey exit date
. A copy of each
correction order and copies of any documentation supplied to the commissioner shall be
kept on file by the home care provider, and public documents shall be made available for
viewing by any person upon request. Copies may be kept electronically.
(c) By the correction order date, the home care provider must document in the
provider's records any action taken to comply with the correction order. The commissioner
may request a copy of this documentation and the home care provider's action to respond
to the correction order in future surveys, upon a complaint investigation, and as otherwise
8.4EFFECTIVE DATE.This section is effective August 1, 2014, and for current
8.5licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
Sec. 10. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
is amended to read:
Subd. 12. Reconsideration.
(a) The commissioner shall make available to home
care providers a correction order reconsideration process. This process may be used
to challenge the correction order issued, including the level and scope described in
subdivision 11, and any fine assessed. During the correction order reconsideration
request, the issuance for the correction orders under reconsideration are not stayed, but
the department shall post information on the Web site with the correction order that the
licensee has requested a reconsideration and that the review is pending.
(b) A licensed home care provider may request from the commissioner, in writing,
a correction order reconsideration regarding any correction order issued to the provider.
8.17 The written request for reconsideration must be received by the commissioner within 15
8.18calendar days of the correction order receipt date.
The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
or reviewing of the correction order being disputed. The correction order reconsiderations
may be conducted in person, by telephone, by another electronic form, or in writing, as
determined by the commissioner. The commissioner shall respond in writing to the request
from a home care provider for a correction order reconsideration within 60 days of the
date the provider requests a reconsideration. The commissioner's response shall identify
the commissioner's decision regarding each citation challenged by the home care provider.
(c) The findings of a correction order reconsideration process shall be one or more of
(1) supported in full, the correction order is supported in full, with no deletion of
findings to the citation;
(2) supported in substance, the correction order is supported, but one or more
findings are deleted or modified without any change in the citation;
(3) correction order cited an incorrect home care licensing requirement, the correction
order is amended by changing the correction order to the appropriate statutory reference;
(4) correction order was issued under an incorrect citation, the correction order is
amended to be issued under the more appropriate correction order citation;
(5) the correction order is rescinded;
(6) fine is amended, it is determined that the fine assigned to the correction order
was applied incorrectly; or
(7) the level or scope of the citation is modified based on the reconsideration.
(d) If the correction order findings are changed by the commissioner, the
commissioner shall update the correction order Web site.
9.7(e) This subdivision does not apply to temporary licensees.
9.8EFFECTIVE DATE.This section is effective August 1, 2014, and for current
9.9licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
Sec. 11. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
is amended to read:
Subd. 3. Notice.
Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
9.18as defined in section 144A.474, subdivision 11, paragraph (b),
(1) advance notice is given to the home care provider;
(2) after notice, the home care provider fails to correct the problem;
(3) the commissioner has reason to believe that other administrative remedies are not
likely to be effective; and
(4) there is an opportunity for a contested case hearing within the
9.24there is an extension granted by an administrative law judge pursuant to subdivision 3b
9.25EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
9.26and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
Sec. 12. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:
9.30 Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
9.31of a sanction under this section, other than for a temporary suspension, the commissioner
9.32shall request assignment of an administrative law judge. The commissioner's request must
9.33include a proposed date, time, and place of hearing. A hearing must be conducted by an
10.1administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
10.2within 90 calendar days of the request for assignment, unless an extension is requested by
10.3either party and granted by the administrative law judge for good cause or for purposes of
10.4discussing settlement. In no case shall one or more extensions be granted for a total of
10.5more than 90 calendar days unless there is a criminal action pending against the licensee.
10.6If, while a licensee continues to operate pending an appeal of an order for revocation,
10.7suspension, or refusal to renew a license, the commissioner identifies one or more new
10.8violations of law that meet the requirements of level 3 or 4 violations as defined in section
10.9144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
10.10temporarily suspend the license under the provisions in subdivision 3.
10.11EFFECTIVE DATE.This section is effective for appeals received on or after
10.12August 1, 2014.
Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:
10.15 Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
10.16days of receipt of the license holder's timely appeal of a temporary suspension, the
10.17commissioner shall request assignment of an administrative law judge. The request must
10.18include a proposed date, time, and place of a hearing. A hearing must be conducted by an
10.19administrative law judge within 30 calendar days of the request for assignment, unless
10.20an extension is requested by either party and granted by the administrative law judge
10.21for good cause. The commissioner shall issue a notice of hearing by certified mail or
10.22personal service at least ten business days before the hearing. Certified mail to the last
10.23known address is sufficient. The scope of the hearing shall be limited solely to the issue of
10.24whether the temporary suspension should remain in effect and whether there is sufficient
10.25evidence to conclude that the licensee's actions or failure to comply with applicable laws
10.26are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
10.27(b) The administrative law judge shall issue findings of fact, conclusions, and a
10.28recommendation within ten business days from the date of hearing. The parties shall have
10.29ten calendar days to submit exceptions to the administrative law judge's report. The
10.30record shall close at the end of the ten-day period for submission of exceptions. The
10.31commissioner's final order shall be issued within ten business days from the close of the
10.32record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
10.33the commissioner shall issue a final order affirming the temporary immediate suspension
10.34within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
10.35license holder is prohibited from operation during the temporary suspension period.
11.1(c) When the final order under paragraph (b) affirms an immediate suspension, and a
11.2final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
11.3sanction, the licensee is prohibited from operation pending a final commissioner's order
11.4after the contested case hearing conducted under chapter 14.
11.5EFFECTIVE DATE.This section is effective August 1, 2014.
Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3,
is amended to read:
Subd. 3. Duties.
At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in
such as, including advice on the following
advice to the commissioner regarding
community standards for home care
advice to the commissioner on
enforcement of licensing standards and whether
certain disciplinary actions are appropriate;
advice to the commissioner about
ways of distributing information to licensees
and consumers of home care;
advice to the commissioner about
(5) identify emerging issues and opportunities in the home care field, including the
use of technology in home and telehealth capabilities;
(6) allowable home care licensing modifications and exemptions, including a method
11.21for an integrated license with an existing license for rural licensed nursing homes to
11.22provide limited home care services in an adjacent independent living apartment building
11.23owned by the licensed nursing home; and
perform other duties as directed by the commissioner.
Sec. 15. Minnesota Statutes 2012, section 144D.065, is amended to read:
11.26144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
(a) If a housing with services establishment registered under this chapter has a
11.28special program or special care unit for residents with Alzheimer's disease or other
11.29dementias or advertises,
or otherwise promotes the establishment as providing
services for persons with Alzheimer's disease or
related disorders other dementias
in a segregated or general unit,
the establishment's direct care staff and their supervisors
11.32 must be trained in dementia care employees of the establishment and of the establishment's
11.33arranged home care provider must meet the following training requirements:
12.1(1) supervisors of direct-care staff must have at least eight hours of initial training on
12.2topics specified under paragraph (b) within 120 hours of the employment start date, and
12.3must have at least two hours of training on topics related to dementia care for each 12
12.4months of employment thereafter;
12.5(2) direct-care employees must have completed at least eight hours of initial training
12.6on topics specified under paragraph (b) within 160 hours of the employment start date.
12.7Until this initial training is complete, an employee must not provide direct care unless
12.8there is another employee on site who has completed the initial eight hours of training on
12.9topics related to dementia care and who can act as a resource and assist if issues arise. A
12.10trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
12.11in paragraph (a), clause (1), must be available for consultation with the new employee until
12.12the training requirement is complete. Direct-care employees must have at least two hours
12.13of training on topics related to dementia for each 12 months of employment thereafter;
12.14(3) staff who do not provide direct care, including maintenance, housekeeping and
12.15food service staff must have at least four hours of initial training on topics specified under
12.16paragraph (b) within 160 hours of the employment start date, and must have at least two
12.17hours of training on topics related to dementia care for each 12 months of employment
12.19(4) new employees may satisfy the initial training requirements by producing written
12.20proof of previously completed required training within the past 18 months
(b) Areas of required training include:
(1) an explanation of Alzheimer's disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered. This information satisfies the disclosure
requirements of section
325F.72, subdivision 2
, clause (4).
12.30(d) Housing with services establishments not included in paragraph (a) that provide
12.31assisted living services under chapter 144G must meet the following training requirements:
12.32(1) supervisors of direct-care staff must have at least four hours of initial training on
12.33topics specified under paragraph (b) within 120 hours of the employment start date, and
12.34must have at least two hours of training on topics related to dementia care for each 12
12.35months of employment thereafter;
13.1(2) direct-care employees must have completed at least four hours of initial training
13.2on topics specified under paragraph (b) within 160 hours of the employment start date.
13.3Until this initial training is complete, an employee must not provide direct care unless there
13.4is another employee on site who has completed the initial four hours of training on topics
13.5related to dementia care and who can act as a resource and assist if issues arise. A trainer
13.6of the requirements under paragraph (b), or supervisor meeting the requirements under
13.7paragraph (a), clause (1), must be available for consultation with the new employee until
13.8the training requirement is complete. Direct-care employees must have at least two hours
13.9of training on topics related to dementia for each 12 months of employment thereafter;
13.10(3) staff who do not provide direct care, including maintenance, housekeeping and
13.11food service staff must have at least four hours of initial training on topics specified under
13.12paragraph (b) within 160 hours of the employment start date, and must have at least two
13.13hours of training on topics related to dementia care for each 12 months of employment
13.15(4) new employees may satisfy the initial training requirements by producing written
13.16proof of previously completed required training within the past 18 months.
13.17EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 16. [144D.10] MANAGER REQUIREMENTS.
13.19(a) The person primarily responsible for oversight and management of a housing
13.20with services establishment, as designated by the owner of the housing with services
13.21establishment, must obtain at least 30 hours of continuing education every two years of
13.22employment as the manager in topics relevant to the operations of the housing with services
13.23establishment and the needs of its tenants. Continuing education earned to maintain a
13.24professional license, such as nursing home administrator license, nursing license, social
13.25worker license, and real estate license, can be used to complete this requirement.
13.26(b) For managers of establishments identified in section 325F.72, this continuing
13.27education must include at least eight hours of documented training on the topics identified
13.28in section 144D.065, paragraph (b), within 160 hours of hire, and two hours of training
13.29these topics for each 12 months of employment thereafter.
13.30(c) For managers of establishments not covered by section 325F.72, but who provide
13.31assisted living services under chapter 144G, this continuing education must include at
13.32least four hours of documented training on the topics identified in section 144D.065,
13.33paragraph (b), within 160 hours of hire, and two hours of training on these topics for
13.34each 12 months of employment thereafter.
14.1(d) A statement verifying compliance with the continuing education requirement
14.2must be included in the housing with services establishment's annual registration to the
14.3commissioner of health. The establishment must maintain records for at least three years
14.4demonstrating that the person primarily responsible for oversight and management of the
14.5establishment has attended educational programs as required by this section.
14.6(e) New managers may satisfy the initial dementia training requirements by producing
14.7written proof of previously completed required training within the past 18 months.
14.8EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 17. [144D.11] EMERGENCY PLANNING.
14.10(a) Each registered housing with services establishment must meet the following
14.12(1) have a written emergency disaster plan that contains a plan for evacuation,
14.13addresses elements of sheltering in-place, identifies temporary relocation sites, and details
14.14staff assignments in the event of a disaster or an emergency;
14.15(2) post an emergency disaster plan prominently;
14.16(3) provide building emergency exit diagrams to all tenants upon signing a lease;
14.17(4) post emergency exit diagrams on each floor; and
14.18(5) have a written policy and procedure regarding missing tenants.
14.19(b) Each registered housing with services establishment must provide emergency
14.20and disaster training to all staff during the initial staff orientation and annually thereafter
14.21and must make emergency and disaster training available to all tenants annually. Staff
14.22who have not received emergency and disaster training are allowed to work only when
14.23trained staff are also working on site.
14.24(c) Each registered housing with services location must conduct and document a fire
14.25drill or other emergency drill at least every six months. To the extent possible, drills must
14.26be coordinated with local fire departments or other community emergency resources.
14.27EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 18. Minnesota Statutes 2012, section 149A.92, is amended by adding a
subdivision to read:
14.30 Subd. 11. Scope. Notwithstanding the requirements in section 149A.50, this section
14.31applies only to funeral establishments where human remains are present for the purpose
14.32of preparation and embalming, private viewings, visitations, services, and holding of
14.33human remains while awaiting final disposition. For the purpose of this subdivision,
15.1"private viewing" means viewing of a dead human body by persons designated in section
15.2149A.80, subdivision 2.
Sec. 19. EVALUATION AND REPORTING REQUIREMENTS.
15.4(a) The commissioner of health shall consult with the Alzheimer's Association,
15.5Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long term
15.6care, and other stakeholders to evaluate the following:
15.7(1) whether additional settings, provider types, licensed and unlicensed personnel, or
15.8health care services regulated by the commissioner should be required to comply with the
15.9training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
15.10(2) cost implications for the groups or individuals identified in clause (1) to comply
15.11with the training requirements;
15.12(3) dementia education options available;
15.13(4) existing dementia training mandates under federal and state statutes and rules; and
15.14(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
15.15144D.11, and methods to determine compliance with the training requirements.
15.16(b) The commissioner shall report the evaluation to the chairs of the health and
15.17human services committees of the legislature no later than February 15, 2015, along with
15.18any recommendations for legislative changes.
Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a
subdivision to read:
15.23 Subd. 1a. Areas of public health responsibility. "Areas of public health
15.25(1) assuring an adequate local public health infrastructure;
15.26(2) promoting healthy communities and healthy behaviors;
15.27(3) preventing the spread of communicable disease;
15.28(4) protecting against environmental health hazards;
15.29(5) preparing for and responding to emergencies; and
15.30(6) assuring health services.
Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
Subd. 5. Community health board.
"Community health board" means
a board of
15.33 health established, operating, and eligible for a the governing body for
local public health
grant under sections
145A.131 . in Minnesota. The community health board
16.2may be comprised of a single county, multiple contiguous counties, or in a limited number
16.3of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
16.4responsibilities and authority under this chapter.
Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
16.7 Subd. 6a. Community health services administrator. "Community health services
16.8administrator" means a person who meets personnel standards for the position established
16.9under section 145A.06, subdivision 3b, and is working under a written agreement with,
16.10employed by, or under contract with a community health board to provide public health
16.11leadership and to discharge the administrative and program responsibilities on behalf of
Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
16.15 Subd. 8a. Local health department. "Local health department" means an
16.16operational entity that is responsible for the administration and implementation of
16.17programs and services to address the areas of public health responsibility. It is governed
16.18by a community health board.
Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
16.21 Subd. 8b. Essential public health services. "Essential public health services"
16.22means the public health activities that all communities should undertake. These services
16.23serve as the framework for the National Public Health Performance Standards. In
16.24Minnesota they refer to activities that are conducted to accomplish the areas of public
16.25health responsibility. The ten essential public health services are to:
16.26(1) monitor health status to identify and solve community health problems;
16.27(2) diagnose and investigate health problems and health hazards in the community;
16.28(3) inform, educate, and empower people about health issues;
16.29(4) mobilize community partnerships and action to identify and solve health
16.31(5) develop policies and plans that support individual and community health efforts;
16.32(6) enforce laws and regulations that protect health and ensure safety;
17.1(7) link people to needed personal health services and assure the provision of health
17.2care when otherwise unavailable;
17.3(8) maintain a competent public health workforce;
17.4(9) evaluate the effectiveness, accessibility, and quality of personal and
17.5population-based health services; and
17.6(10) contribute to research seeking new insights and innovative solutions to health
Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
Subd. 15. Medical consultant.
"Medical consultant" means a physician licensed
to practice medicine in Minnesota who is working under a written agreement with,
employed by, or on contract with a community health
to provide advice
and information, to authorize medical procedures through
standing orders protocols
to assist a community health
and its staff in coordinating their activities
with local medical practitioners and health care institutions.
Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
17.17 Subd. 15a. Performance management. "Performance management" means the
17.18systematic process of using data for decision making by identifying outcomes and
17.19standards; measuring, monitoring, and communicating progress; and engaging in quality
17.20improvement activities in order to achieve desired outcomes.
Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
17.23 Subd. 15b. Performance measures. "Performance measures" means quantitative
17.24ways to define and measure performance.
Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
Subdivision 1. Establishment; assignment of responsibilities.
(a) The governing
body of a
county must undertake the responsibilities of a community health
of health or establish a board of health by establishing or joining a community health
17.29board according to paragraphs (b) to (f)
to it the powers and duties
17.30 a board of health specified under section 145A.04
A city council may ask a county or joint powers board of health to undertake
17.32 the responsibilities of a board of health for the city's jurisdiction. A community health
18.1board must include within its jurisdiction a population of 30,000 or more persons or be
18.2composed of three or more contiguous counties.
(c) A county board or city council within the jurisdiction of a community health
board operating under sections
is preempted from forming a
except as specified in section
145A.10, subdivision 2 145A.131
18.6(d) A county board or a joint powers board that establishes a community health
18.7board and has or establishes an operational human services board under chapter 402 may
18.8assign the powers and duties of a community health board to a human services board.
18.9Eligibility for funding from the commissioner will be maintained if all requirements of
18.10sections 145A.03 and 145A.04 are met.
18.11(e) Community health boards established prior to January 1, 2014, including city
18.12community health boards, are eligible to maintain their status as community health boards
18.13as outlined in this subdivision.
18.14(f) A community health board may authorize, by resolution, the community
18.15health service administrator or other designated agent or agents to act on behalf of the
18.16community health board.
Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
Subd. 2. Joint powers community health board
of health. Except as preempted
18.19 under section
145A.10, subdivision 2 ,
A county may establish a joint community health
by agreement with one or more contiguous counties, or
a an existing
18.21community health board
may establish a joint community health
or more contiguous
cities in the same county, or a city may establish a joint board of health
18.23 with the existing city community health boards in the same
or counties within in
which it is located. The agreements must be established according to section
Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
Subd. 4. Membership; duties of chair.
A community health
have at least five members, one of whom must be elected by the members as chair and one
as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
of the community health
and sign or authorize an agent to sign contracts and
other documents requiring signature on behalf of the community health
Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
Subd. 5. Meetings.
A community health
must hold meetings at least
twice a year and as determined by its rules of procedure. The board must adopt written
procedures for transacting business and must keep a public record of its transactions,
findings, and determinations. Members may receive a per diem plus travel and other
eligible expenses while engaged in official duties.
Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a
subdivision to read:
19.6 Subd. 7. Community health board; eligibility for funding. A community health
19.7board that meets the requirements of this section is eligible to receive the local public
19.8health grant under section 145A.131 and for other funds that the commissioner grants to
19.9community health boards to carry out public health activities.
Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
43, section 21, is amended to read:
19.12145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD
Subdivision 1. Jurisdiction; enforcement. (a)
county or multicounty community
powers and duties of a board of health for all territory within
19.16 its jurisdiction not under the jurisdiction of a city board of health. Under the general
19.17 supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
19.18 pertaining to the powers and duties of a board of health within its jurisdictional area
19.19 general responsibility for development and maintenance of a system of community health
19.20services under local administration and within a system of state guidelines and standards
19.21(b) Under the general supervision of the commissioner, the community health board
19.22shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
19.23powers and duties within its jurisdictional area. In the case of a multicounty or city
19.24community health board, the joint powers agreement under section 145A.03, subdivision
19.252, or delegation agreement under section 145A.07 shall clearly specify enforcement
19.27(c) A member of a community health board may not withdraw from a joint powers
19.28community health board during the first two calendar years following the effective
19.29date of the initial joint powers agreement. The withdrawing member must notify the
19.30commissioner and the other parties to the agreement at least one year before the beginning
19.31of the calendar year in which withdrawal takes effect.
19.32(d) The withdrawal of a county or city from a community health board does not
19.33affect the eligibility for the local public health grant of any remaining county or city for
19.34one calendar year following the effective date of withdrawal.
20.1(e) The local public health grant for a county or city that chooses to withdraw from
20.2a multicounty community health board shall be reduced by the amount of the local
20.4 Subd. 1a. Duties. Consistent with the guidelines and standards established under
20.5section 145A.06, the community health board shall:
20.6(1) identify local public health priorities and implement activities to address the
20.7priorities and the areas of public health responsibility, which include:
20.8(i) assuring an adequate local public health infrastructure by maintaining the basic
20.9foundational capacities to a well-functioning public health system that includes data
20.10analysis and utilization; health planning; partnership development and community
20.11mobilization; policy development, analysis, and decision support; communication; and
20.12public health research, evaluation, and quality improvement;
20.13(ii) promoting healthy communities and healthy behavior through activities
20.14that improve health in a population, such as investing in healthy families; engaging
20.15communities to change policies, systems, or environments to promote positive health or
20.16prevent adverse health; providing information and education about healthy communities
20.17or population health status; and addressing issues of health equity, health disparities, and
20.18the social determinants to health;
20.19(iii) preventing the spread of communicable disease by preventing diseases that are
20.20caused by infectious agents through detecting acute infectious diseases, ensuring the
20.21reporting of infectious diseases, preventing the transmission of infectious diseases, and
20.22implementing control measures during infectious disease outbreaks;
20.23(iv) protecting against environmental health hazards by addressing aspects of the
20.24environment that pose risks to human health, such as monitoring air and water quality;
20.25developing policies and programs to reduce exposure to environmental health risks and
20.26promote healthy environments; and identifying and mitigating environmental risks such as
20.27food and waterborne diseases, radiation, occupational health hazards, and public health
20.29(v) preparing and responding to emergencies by engaging in activities that prepare
20.30public health departments to respond to events and incidents and assist communities in
20.31recovery, such as providing leadership for public health preparedness activities with
20.32a community; developing, exercising, and periodically reviewing response plans for
20.33public health threats; and developing and maintaining a system of public health workforce
20.34readiness, deployment, and response; and
20.35(vi) assuring health services by engaging in activities such as assessing the
20.36availability of health-related services and health care providers in local communities,
21.1identifying gaps and barriers in services; convening community partners to improve
21.2community health systems; and providing services identified as priorities by the local
21.3assessment and planning process;
21.4(2) submit to the commissioner of health, at least every five years, a community
21.5health assessment and community health improvement plan, which shall be developed
21.6with input from the community and take into consideration the statewide outcomes, the
21.7areas of responsibility, and essential public health services;
21.8(3) implement a performance management process in order to achieve desired
21.10(4) annually report to the commissioner on a set of performance measures and be
21.11prepared to provide documentation of ability to meet the performance measures.
Subd. 2. Appointment of
agent community health service (CHS) administrator.
A community health
must appoint, employ, or contract with a
21.14 persons CHS administrator
to act on its behalf. The board shall notify the commissioner
agent's name, address, and phone number where the agent may be reached between
21.16 board meetings CHS administrator's contact information
and submit a copy of the
resolution authorizing the
agent CHS administrator
to act as an agent
on the board's behalf.
21.18 The resolution must specify the types of action or actions that the CHS administrator is
21.19authorized to take on behalf of the board.
21.20 Subd. 2a. Appointment of medical consultant. The community health board shall
21.21appoint, employ, or contract with a medical consultant to ensure appropriate medical
21.22advice and direction for the community health board and assist the board and its staff in
21.23the coordination of community health services with local medical care and other health
Subd. 3. Employment;
medical consultant employees.
(a) A community health
of health may establish a health department or other administrative agency and
employ persons as necessary to carry out its duties.
(b) Except where prohibited by law, employees of the community health
may act as its agents.
Employees of the board of health are subject to any personnel administration
21.31 rules adopted by a city council or county board forming the board of health unless the
21.32 employees of the board are within the scope of a statewide personnel administration
21.33 system. Persons employed by a county, city, or the state whose functions and duties are
21.34assumed by a community health board shall become employees of the board without
21.35loss in benefits, salaries, or rights.
22.1 (d) The board of health may appoint, employ, or contract with a medical consultant
22.2 to receive appropriate medical advice and direction.
Subd. 4. Acquisition of property; request for and acceptance of funds;
22.4collection of fees.
(a) A community health
may acquire and hold in the
name of the county or city the lands, buildings, and equipment necessary for the purposes
. It may do so by any lawful means, including gifts,
purchase, lease, or transfer of custodial control.
(b) A community health
may accept gifts, grants, and subsidies from
any lawful source, apply for and accept state and federal funds, and request and accept
local tax funds.
(c) A community health
may establish and collect reasonable fees
for performing its duties and providing community health services.
(d) With the exception of licensing and inspection activities, access to community
health services provided by or on contract with the community health
not be denied to an individual or family because of inability to pay.
Subd. 5. Contracts.
To improve efficiency, quality, and effectiveness, avoid
unnecessary duplication, and gain cost advantages, a community health
may contract to provide, receive, or ensure provision of services.
Subd. 6. Investigation; reporting and control of communicable diseases.
shall make investigations, or coordinate with any county
22.21board or city council within its jurisdiction to make
investigations and reports and obey
instructions on the control of communicable diseases as the commissioner may direct under
145A.06, subdivision 2
. Community health
must cooperate so far as practicable to act together to prevent and control epidemic diseases.
Subd. 6a. Minnesota Responds Medical Reserve Corps; planning.
receiving funding for emergency preparedness or pandemic
influenza planning from the state or from the United States Department of Health and
Human Services shall participate in planning for emergency use of volunteer health
professionals through the Minnesota Responds Medical Reserve Corps program of the
Department of Health. A community health
shall collaborate on volunteer
planning with other public and private partners, including but not limited to local or
regional health care providers, emergency medical services, hospitals, tribal governments,
state and local emergency management, and local disaster relief organizations.
Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements.
of health, county, or city
participating in the Minnesota Responds
Medical Reserve Corps program may enter into written mutual aid agreements for
deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
volunteers with other community health
, other political subdivisions
within the state, or with tribal governments within the state. A community health
may also enter into agreements with the Indian Health Services of the United
States Department of Health and Human Services, and with boards of health, political
subdivisions, and tribal governments in bordering states and Canadian provinces.
Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized.
a community health
of health, county, or city
finds that the prevention, mitigation,
response to, or recovery from an actual or threatened public health event or emergency
exceeds its local capacity, it shall use available mutual aid agreements. If the event or
emergency exceeds mutual aid capacities, a community health
of health, county, or
may request the commissioner of health to mobilize Minnesota Responds Medical
Reserve Corps volunteers from outside the jurisdiction of the community health
of health, county, or city
Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage.
A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
training or assistance at the call of a community health
of health, county, or city
must be deemed an employee of the jurisdiction for purposes of workers' compensation,
tort claim defense, and indemnification.
Subd. 7. Entry for inspection.
To enforce public health laws, ordinances or rules, a
member or agent of a community health
of health, county, or city
may enter a
building, conveyance, or place where contagion, infection, filth, or other source or cause
of preventable disease exists or is reasonably suspected.
Subd. 8. Removal and abatement of public health nuisances.
(a) If a threat to the
public health such as a public health nuisance, source of filth, or cause of sickness is found
on any property, the community health
of health, county, city,
or its agent shall order
the owner or occupant of the property to remove or abate the threat within a time specified
in the notice but not longer than ten days. Action to recover costs of enforcement under
this subdivision must be taken as prescribed in section
(b) Notice for abatement or removal must be served on the owner, occupant, or agent
of the property in one of the following ways:
(1) by registered or certified mail;
(2) by an officer authorized to serve a warrant; or
(3) by a person aged 18 years or older who is not reasonably believed to be a party to
any action arising from the notice.
(c) If the owner of the property is unknown or absent and has no known representative
upon whom notice can be served, the community health
of health, county, or city,
or its agent,
shall post a written or printed notice on the property stating that, unless the
threat to the public health is abated or removed within a period not longer than ten days,
the community health
board, county, or city
will have the threat abated or removed at the
expense of the owner under section
or other applicable state or local law.
(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
of the notice provided under paragraphs (b) and (c), then the community health
24.9 health, county, city,
its a designated
agent of the board, county, or city
shall remove or
abate the nuisance, source of filth, or cause of sickness described in the notice from the
Subd. 9. Injunctive relief.
In addition to any other remedy provided by law, the
of health, county, or city
may bring an action in the court of
appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
has power to enforce, or to enjoin as a public health nuisance any activity or failure to
act that adversely affects the public health.
Subd. 10. Hindrance of enforcement prohibited; penalty.
It is a misdemeanor
hinder a member of a community health
24.19county or city,
or its agent from entering a building, conveyance, or place where contagion,
infection, filth, or other source or cause of preventable disease exists or is reasonably
suspected, or otherwise to interfere with the performance of the duties of the
24.22 health responsible jurisdiction
Subd. 11. Neglect of enforcement prohibited; penalty.
It is a misdemeanor for
a member or agent of a community health
of health, county, or city
to refuse or
neglect to perform a duty imposed on
a board of health an applicable jurisdiction
statute or ordinance.
Subd. 12. Other powers and duties established by law.
This section does not limit
powers and duties of a community health
of health, county, or city
24.30 Subd. 13. Recommended legislation. The community health board may recommend
24.31local ordinances pertaining to community health services to any county board or city
24.32council within its jurisdiction and advise the commissioner on matters relating to public
24.33health that require assistance from the state, or that may be of more than local interest.
24.34 Subd. 14. Equal access to services. The community health board must ensure that
24.35community health services are accessible to all persons on the basis of need. No one shall
25.1be denied services because of race, color, sex, age, language, religion, nationality, inability
25.2to pay, political persuasion, or place of residence.
25.3 Subd. 15. State and local advisory committees. (a) A state community
25.4health services advisory committee is established to advise, consult with, and make
25.5recommendations to the commissioner on the development, maintenance, funding, and
25.6evaluation of local public health services. Each community health board may appoint a
25.7member to serve on the committee. The committee must meet at least quarterly, and
25.8special meetings may be called by the committee chair or a majority of the members.
25.9Members or their alternates may be reimbursed for travel and other necessary expenses
25.10while engaged in their official duties.
25.11(b) Notwithstanding section 15.059, the State Community Health Services Advisory
25.12Committee does not expire.
25.13(c) The city boards or county boards that have established or are members of a
25.14community health board may appoint a community health advisory to advise, consult
25.15with, and make recommendations to the community health board on the duties under
Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
Subd. 2. Animal control.
In addition to powers under sections
county board, city council, or municipality
may adopt ordinances to issue licenses or
otherwise regulate the keeping of animals, to restrain animals from running at large, to
authorize the impounding and sale or summary destruction of animals, and to establish
Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
Subd. 2. Supervision of local enforcement.
(a) In the absence of provision for a
, the commissioner may appoint three or more persons
to act as a board until one is established. The commissioner may fix their compensation,
which the county or city must pay.
(b) The commissioner by written order may require any two or more community
of health, counties, or cities
to act together to prevent or control epidemic
(c) If a community health
board, county, or city
fails to comply with section
, the commissioner may employ medical and other help necessary to control
communicable disease at the expense of the
board of health jurisdiction
(d) If the commissioner has reason to believe that the provisions of this chapter have
been violated, the commissioner shall inform the attorney general and submit information
to support the belief. The attorney general shall institute proceedings to enforce the
provisions of this chapter or shall direct the county attorney to institute proceedings.
Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:
26.7 Subd. 3a. Assistance to community health boards. The commissioner shall help
26.8and advise community health boards that ask for assistance in developing, administering,
26.9and carrying out public health services and programs. This assistance may consist of,
26.10but is not limited to:
26.11(1) informational resources, consultation, and training to assist community health
26.12boards plan, develop, integrate, provide, and evaluate community health services; and
26.13(2) administrative and program guidelines and standards developed with the advice
26.14of the State Community Health Services Advisory Committee.
Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:
26.17 Subd. 3b. Personnel standards. In accordance with chapter 14, and in consultation
26.18with the State Community Health Services Advisory Committee, the commissioner
26.19may adopt rules to set standards for administrative and program personnel to ensure
26.20competence in administration and planning.
Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
Subd. 5. Deadly infectious diseases.
The commissioner shall promote measures
aimed at preventing businesses from facilitating sexual practices that transmit deadly
infectious diseases by providing technical advice to community health
to assist them in regulating these practices or closing establishments that constitute
a public health nuisance.
Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:
26.29 Subd. 5a. System-level performance management. To improve public health
26.30and ensure the integrity and accountability of the statewide local public health system,
26.31the commissioner, in consultation with the State Community Health Services Advisory
27.1Committee, shall develop performance measures and implement a process to monitor
27.2statewide outcomes and performance improvement.
Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
Subd. 6. Health volunteer program.
(a) The commissioner may accept grants from
the United States Department of Health and Human Services for the emergency system
for the advanced registration of volunteer health professionals (ESAR-VHP) established
under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
(b) The commissioner may maintain a registry of volunteers for the Minnesota
Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
deployments within and outside the state. All state licensing and certifying boards
shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
volunteers' information. The commissioner may also obtain information from other states
and national licensing or certifying boards for health practitioners.
(c) The commissioner may share volunteers' data, including any data classified
as private data, from the Minnesota Responds Medical Reserve Corps registry with
, cities or counties,
the University of Minnesota's
Academic Health Center or other public or private emergency preparedness partners, or
tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
for credentialing, organizing, training, and deploying volunteers. Upon request of another
state participating in the ESAR-VHP or of a Canadian government administering a similar
health volunteer program, the commissioner may also share the volunteers' data as needed
for emergency preparedness and response.
Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
amended to read:
Subd. 7. Commissioner requests for health volunteers.
(a) When the
commissioner receives a request for health volunteers from:
local board of health community health board, county, or city
145A.04, subdivision 6c
(2) the University of Minnesota Academic Health Center;
(3) another state or a territory through the Interstate Emergency Management
Assistance Compact authorized under section
(4) the federal government through ESAR-VHP or another similar program; or
(5) a tribal or Canadian government;
the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
respond to the request. The commissioner may also ask for Minnesota Responds Medical
Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
(b) The commissioner may request Minnesota Responds Medical Reserve Corps
volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
or temporary units providing emergency patient stabilization, medical transport, or
ambulatory care. The commissioner may utilize the volunteers for training, mobilization
or demobilization, inspection, maintenance, repair, or other support functions for the
MMU facility or for other emergency units, as well as for provision of health care services.
(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
compensation provided by the volunteer's employer during volunteer service requested by
the commissioner. An employer is not liable for actions of an employee while serving as a
Minnesota Responds Medical Reserve Corps volunteer.
(d) If the commissioner matches the request under paragraph (a) with Minnesota
Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
sending and receiving jurisdictions in monitoring deployments, and shall coordinate
efforts with the division of homeland security and emergency management for out-of-state
deployments through the Interstate Emergency Management Assistance Compact or
other emergency management compacts.
(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
as of their initial deployment in response to the event or emergency that triggered a
subsequent commissioner's call.
(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
request for training or assistance at the call of the commissioner must be deemed an
employee of the state for purposes of workers' compensation and tort claim defense and
indemnification under section
, without regard to whether the volunteer's activity is
under the direction and control of the commissioner, the division of homeland security
and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
hospital, alternate care site, or other health care provider treating patients from the public
health event or emergency.
(2) For purposes of calculating workers' compensation benefits under chapter 176,
the daily wage must be the usual wage paid at the time of injury or death for similar services
performed by paid employees in the community where the volunteer regularly resides, or
the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
reimbursement for travel and subsistence expenses during a deployment approved by the
commissioner under this subdivision according to reimbursement limits established for
paid state employees. Deployment begins when the volunteer leaves on the deployment
until the volunteer returns from the deployment, including all travel related to the
deployment. The Department of Health shall initially review and pay those expenses to
the volunteer. Except as otherwise provided by the Interstate Emergency Management
Assistance Compact in section
or agreements made thereunder, the department
shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
department for expenses of the volunteers.
(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
deployed outside the state pursuant to the Interstate Emergency Management Assistance
Compact, the provisions of the Interstate Emergency Management Assistance Compact
must control over any inconsistent provisions in this section.
(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
for workers' compensation arising out of a deployment under this section or out of a
training exercise conducted by the commissioner, the volunteer's workers compensation
benefits must be determined under section
176.011, subdivision 9
, clause (25), even if the
volunteer may also qualify under other clauses of section
176.011, subdivision 9
Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
Subdivision 1. Agreements to perform duties of commissioner.
commissioner of health may enter into an agreement with any community health
29.30 health, county, or city
to delegate all or part of the licensing, inspection, reporting, and
enforcement duties authorized under sections
145A.04, subdivision 6
; provisions of chapter 103I pertaining
to construction, repair, and abandonment of water wells; chapter 157; and sections
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered into under Minnesota
Statutes 1986, section
145.918, subdivision 2
Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
Subd. 2. Agreements to perform duties of community health board
A community health
may authorize a
within its jurisdiction to
establish a board of health under section
and delegate to the board of health by agreement any powers or duties under sections
30.8 145A.04 ,
145A.07, subdivision 2 , and
145A.08 carry out activities to fulfill community
30.9health board responsibilities
. An agreement to delegate community health board
of a board of health to a county or city
must be approved by the commissioner
and is subject to subdivision 3
Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
30.13145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
Subdivision 1. Cost of care.
A person who has or whose dependent or spouse has a
communicable disease that is subject to control by the community health
financially liable to the unit or agency of government that paid for the reasonable cost of
care provided to control the disease under section
145A.04, subdivision 6
Subd. 2. Assessment of costs of enforcement.
(a) If costs are assessed for
enforcement of section
145A.04, subdivision 8
, and no procedure for the assessment
of costs has been specified in an agreement established under section
enforcement costs must be assessed as prescribed in this subdivision.
(b) A debt or claim against an individual owner or single piece of real property
resulting from an enforcement action authorized by section
145A.04, subdivision 8
not exceed the cost of abatement or removal.
(c) The cost of an enforcement action under section
145A.04, subdivision 8
, may be
assessed and charged against the real property on which the public health nuisance, source
of filth, or cause of sickness was located. The auditor of the county in which the action is
taken shall extend the cost so assessed and charged on the tax roll of the county against the
real property on which the enforcement action was taken.
(d) The cost of an enforcement action taken by a town or city
board of health
145A.04, subdivision 8
, may be recovered from the county in which the town or
city is located if the city clerk or other officer certifies the costs of the enforcement action
to the county auditor as prescribed in this section. Taxes equal to the full amount of the
enforcement action but not exceeding the limit in paragraph (b) must be collected by the
county treasurer and paid to the city or town as other taxes are collected and paid.
Subd. 3. Tax levy authorized.
A city council or county board that has formed or is
a member of a community health
may levy taxes on all taxable property in
its jurisdiction to pay the cost of performing its duties under this chapter.
Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
Subd. 2. Levying taxes.
In levying taxes authorized under section
, a city council or county board that has formed or is a member of a
community health board must consider the income and expenditures required to meet
local public health priorities established under section
145A.10, subdivision 5a 145A.04,
31.11subdivision 1a, clause (2)
, and statewide outcomes
145A.04, subdivision 1a, clause (1)
Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
31.14145A.131 LOCAL PUBLIC HEALTH GRANT.
Subdivision 1. Funding formula for community health boards.
(a) Base funding
for each community health board eligible for a local public health grant under section
145A.09, subdivision 2 145A.03, subdivision 7
, shall be determined by each community
health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
programs: community health services subsidy; state and federal maternal and child health
special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
youth risk behavior grants; and available women, infants, and children grant funds in fiscal
year 2003, prior to unallotment, distributed based on the proportion of WIC participants
served in fiscal year 2003 within the CHS service area.
(b) Base funding for a community health board eligible for a local public health grant
145A.09, subdivision 2 145A.03, subdivision 7
, as determined in paragraph
(a), shall be adjusted by the percentage difference between the base, as calculated in
paragraph (a), and the funding available for the local public health grant.
(c) Multicounty or multicity
community health boards shall receive a local
partnership base of up to $5,000 per year for each county or city in the case of a multicity
31.30community health board
included in the community health board.
(d) The State Community Health Advisory Committee may recommend a formula to
the commissioner to use in distributing state and federal funds to community health boards
organized and operating under sections
to achieve locally
identified priorities under section
145A.12, subdivision 7 , by July 1, 2004 145A.04,
, for use in distributing funds to community health boards beginning
January 1, 2006, and thereafter.
Subd. 2. Local match.
(a) A community health board that receives a local public
health grant shall provide at least a 75 percent match for the state funds received through
the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
(b) Eligible funds must be used to meet match requirements. Eligible funds include
funds from local property taxes, reimbursements from third parties, fees, other local funds,
and donations or nonfederal grants that are used for community health services described
145A.02, subdivision 6
(c) When the amount of local matching funds for a community health board is less
than the amount required under paragraph (a), the local public health grant provided for
that community health board under this section shall be reduced proportionally.
(d) A city organized under the provision of sections
that levies a tax for provision of community health services is exempt from any county
levy for the same services to the extent of the levy imposed by the city.
Subd. 3. Accountability.
(a) Community health boards accepting local public health
document progress toward the statewide outcomes established in section
32.18 145A.12, subdivision 7 , to maintain eligibility to receive the local public health grant.
32.19 meet all of the requirements and perform all of the duties described in sections 145A.03
32.20and 145A.04, to maintain eligibility to receive the local public health grant.
32.21 (b) In determining whether or not the community health board is documenting
32.22 progress toward statewide outcomes, the commissioner shall consider the following factors:
32.23 (1) whether the community health board has documented progress to meeting
32.24 essential local activities related to the statewide outcomes, as specified in the grant
32.26 (2) the effort put forth by the community health board toward the selected statewide
32.28 (3) whether the community health board has previously failed to document progress
32.29 toward selected statewide outcomes under this section;
32.30 (4) the amount of funding received by the community health board to address the
32.31 statewide outcomes; and
32.32 (5) other factors as the commissioner may require, if the commissioner specifically
32.33 identifies the additional factors in the commissioner's written notice of determination.
32.34 (c) If the commissioner determines that a community health board has not by
32.35 the applicable deadline documented progress toward the selected statewide outcomes
32.36 established under section
145A.12, subdivision 7 , the commissioner shall
33.1 notify the community health board in writing and recommend specific actions that the
33.2 community health board should take over the following 12 months to maintain eligibility
33.3 for the local public health grant.
33.4 (d) During the 12 months following the written notification, the commissioner shall
33.5 provide administrative and program support to assist the community health board in
33.6 taking the actions recommended in the written notification.
33.7 (e) If the community health board has not taken the specific actions recommended by
33.8 the commissioner within 12 months following written notification, the commissioner may
33.9 determine not to distribute funds to the community health board under section
, for the next fiscal year.
33.11 (f) If the commissioner determines not to distribute funds for the next fiscal year, the
33.12 commissioner must give the community health board written notice of this determination
33.13 and allow the community health board to appeal the determination in writing.
33.14 (g) If the commissioner determines not to distribute funds for the next fiscal year
33.15 to a community health board that has not documented progress toward the statewide
33.16 outcomes and not taken the actions recommended by the commissioner, the commissioner
33.17 may retain local public health grant funds that the community health board would have
33.18 otherwise received and directly carry out essential local activities to meet the statewide
33.19 outcomes, or contract with other units of government or community-based organizations
33.20 to carry out essential local activities related to the statewide outcomes.
33.21 (h) If the community health board that does not document progress toward the
33.22 statewide outcomes is a city, the commissioner shall distribute the local public health
33.23 funds that would have been allocated to that city to the county in which the city is located,
33.24 if that county is part of a community health board.
33.25 (i) The commissioner shall establish a reporting system by which community health
33.26 boards will document their progress toward statewide outcomes. This system will be
33.27 developed in consultation with the State Community Health Services Advisory Committee
33.28 established in section
145A.10, subdivision 10 , paragraph (a).
33.29(b) By January 1 of each year, the commissioner shall notify community health
33.30boards of the performance-related accountability requirements of the local public health
33.31grant for that calendar year. Performance-related accountability requirements will be
33.32comprised of a subset of the annual performance measures and will be selected in
33.33consultation with the State Community Health Services Advisory Committee.
33.34(c) If the commissioner determines that a community health board has not met the
33.35accountability requirements, the commissioner shall notify the community health board in
34.1writing and recommend specific actions the community health board must take over the
34.2next six months in order to maintain eligibility for the Local Public Health Act grant.
34.3(d) Following the written notification in paragraph (c), the commissioner shall
34.4provide administrative and program support to assist the community health board as
34.5required in section 145A.06, subdivision 3a.
34.6(e) The commissioner shall provide the community health board two months
34.7following the written notification to appeal the determination in writing.
34.8(f) If the community health board has not submitted an appeal within two months
34.9or has not taken the specific actions recommended by the commissioner within six
34.10months following written notification, the commissioner may elect to not reimburse
34.11invoices for funds submitted after the six-month compliance period and shall reduce by
34.121/12 the community health board's annual award allocation for every successive month
34.14(g) The commissioner may retain the amount of funding that would have been
34.15allocated to the community health board and assume responsibility for public health
34.16activities in the geographic area served by the community health board.
Subd. 4. Responsibility of commissioner to ensure a statewide public health
If a county withdraws from a community health board and operates as a board of
34.19 health or
If a community health board elects not to accept the local public health grant,
the commissioner may retain the amount of funding that would have been allocated to
the community health board
using the formula described in subdivision 1
responsibility for public health activities
to meet the statewide outcomes
in the geographic
by the board of health or community health board
. The commissioner may
elect to directly provide public health activities
to meet the statewide outcomes
with other units of government or with community-based organizations. If a city that is
currently a community health board withdraws from a community health board or elects
not to accept the local public health grant, the local public health grant funds that would
have been allocated to that city shall be distributed to the county in which the city is
, if the county is part of a community health board
Local public health priorities Use of funds.
Community health boards
may use their local public health grant
to address local public health priorities identified
34.32 under section
145A.10, subdivision 5a . funds to address the areas of public health
34.33responsibility and local priorities developed through the community health assessment and
34.34community health improvement planning process.
Sec. 28. REVISOR'S INSTRUCTION.
35.1(a) The revisor shall change the terms "board of health" or "local board of health" or
35.2any derivative of those terms to "community health board" where it appears in Minnesota
35.3Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
35.4(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
35.5subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.225,
35.6subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
35.76; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
35.8subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
35.9375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
35.10(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
35.11to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
35.12subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
35.1338.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
35.14subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
35.15144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
35.16144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
35.17subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
Sec. 29. REPEALER.
35.19Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
35.203 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
35.215a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall
35.22remove cross-references to these repealed sections and make changes necessary to correct
35.23punctuation, grammar, or structure of the remaining text.
Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21,
is amended to read:
Subd. 21. Provider enrollment.
(a) If the commissioner or the Centers for
Medicare and Medicaid Services determines that a provider is designated "high-risk," the
commissioner may withhold payment from providers within that category upon initial
enrollment for a 90-day period. The withholding for each provider must begin on the date
of the first submission of a claim.
(b) An enrolled provider that is also licensed by the commissioner under chapter
245A must designate an individual as the entity's compliance officer. The compliance
(1) develop policies and procedures to assure adherence to medical assistance laws
and regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of
the provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws
(5) promptly report to the commissioner any identified violations of medical
assistance laws or regulations; and
(6) within 60 days of discovery by the provider of a medical assistance
reimbursement overpayment, report the overpayment to the commissioner and make
arrangements with the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the enrollment of an ordering or rendering
provider for a period of not more than one year, if the provider fails to maintain and, upon
request from the commissioner, provide access to documentation relating to written orders
or requests for payment for durable medical equipment, certifications for home health
services, or referrals for other items or services written or ordered by such provider, when
the commissioner has identified a pattern of a lack of documentation. A pattern means a
failure to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
provider under the provisions of section
(d) The commissioner shall terminate or deny the enrollment of any individual or
entity if the individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other state.
(e) As a condition of enrollment in medical assistance, the commissioner shall
require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.
(f) As a condition of enrollment in medical assistance, the commissioner shall
require that a high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is
designated high-risk for fraud, waste, or abuse.
(g)(1) Upon initial enrollment, reenrollment, and notification of
durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
suppliers meeting the durable medical equipment provider and supplier definition in clause
operating in Minnesota and receiving Medicaid funds must purchase a surety bond
that is annually renewed and designates the Minnesota Department of Human Services as
the obligee, and must be submitted in a form approved by the commissioner. For purposes
37.18of this clause, the following medical suppliers are not required to obtain a surety bond:
37.19a federally qualified health center, a home health agency, the Indian Health Service, a
37.20pharmacy, and a rural health clinic.
(2) At the time of initial enrollment or reenrollment,
the provider agency durable
37.22medical equipment providers and suppliers defined in clause (3)
must purchase a
bond of $50,000. If a revalidating provider's Medicaid revenue in
the previous calendar year is up to and including $300,000, the provider agency must
bond of $50,000. If a revalidating provider's Medicaid
revenue in the previous calendar year is over $300,000, the provider agency must purchase
bond of $100,000. The
bond must allow for
recovery of costs and fees in pursuing a claim on the bond.
37.29(3) "Durable medical equipment provider or supplier" means a medical supplier that
37.30can purchase medical equipment or supplies for sale or rental to the general public and
37.31is able to perform or arrange for necessary repairs to and maintenance of equipment
37.32offered for sale or rental.
(h) The Department of Human Services may require a provider to purchase a
surety bond as a condition of initial enrollment, reenrollment, reinstatement,
or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
department determines there is significant evidence of or potential for fraud and abuse by
the provider, or (3) the provider or category of providers is designated high-risk pursuant
to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
bond must be in an amount of $100,000 or ten percent of the provider's
payments from Medicaid during the immediately preceding 12 months, whichever is
bond must name the Department of Human Services as
an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
38.7This paragraph does not apply if the provider currently maintains a surety bond under the
38.8requirements in section 256B.0659 or 256B.85.
Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9,
is amended to read:
Subd. 9. Dental services.
(a) Medical assistance covers dental services.
(b) Medical assistance dental coverage for nonpregnant adults is limited to the
(1) comprehensive exams, limited to once every five years;
(2) periodic exams, limited to one per year;
(3) limited exams;
(4) bitewing x-rays, limited to one per year;
(5) periapical x-rays;
(6) panoramic x-rays, limited to one every five years except (1) when medically
necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma
or (2) once every two years for patients who cannot cooperate for intraoral film due to
a developmental disability or medical condition that does not allow for intraoral film
(7) prophylaxis, limited to one per year;
(8) application of fluoride varnish, limited to one per year;
(9) posterior fillings, all at the amalgam rate;
(10) anterior fillings;
(11) endodontics, limited to root canals on the anterior and premolars only;
(12) removable prostheses, each dental arch limited to one every six years;
(13) oral surgery, limited to extractions, biopsies, and incision and drainage of
(14) palliative treatment and sedative fillings for relief of pain; and
(15) full-mouth debridement, limited to one every five years.
(c) In addition to the services specified in paragraph (b), medical assistance
covers the following services for adults, if provided in an outpatient hospital setting or
freestanding ambulatory surgical center as part of outpatient dental surgery:
(1) periodontics, limited to periodontal scaling and root planing once every two years;
(2) general anesthesia; and
(3) full-mouth survey once every five years.
(d) Medical assistance covers medically necessary dental services for children and
pregnant women. The following guidelines apply:
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants are covered once every five years per permanent molar for
(3) application of fluoride varnish is covered once every six months; and
(4) orthodontia is eligible for coverage for children only.
(e) In addition to the services specified in paragraphs (b) and (c), medical assistance
covers the following services for adults:
(1) house calls or extended care facility calls for on-site delivery of covered services;
(2) behavioral management when additional staff time is required to accommodate
behavioral challenges and sedation is not used;
(3) oral or IV sedation, if the covered dental service cannot be performed safely
without it or would otherwise require the service to be performed under general anesthesia
in a hospital or surgical center; and
(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
no more than four times per year.
39.24(f) The commissioner shall not require prior authorization for the services included
39.25in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based
39.26purchasing plans from requiring prior authorization for the services included in paragraph
39.27(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.
Sec. 3. Minnesota Statutes 2012, section 256B.0751, is amended by adding a
subdivision to read:
39.30 Subd. 10. Health care homes advisory committee. (a) The commissioners of
39.31health and human services shall establish a health care homes advisory committee to
39.32advise the commissioners on the ongoing statewide implementation of the health care
39.33homes program authorized in section 256B.072.
39.34(b) The commissioners shall establish an advisory committee that includes
39.35representatives of the health care professions such as primary care providers; nursing
40.1and care coordinators; certified health care home clinics with statewide representation;
40.2health plan companies; state agencies; employers; academic researchers; consumers; and
40.3organizations that work to improve health care quality in Minnesota. At least 25 percent
40.4of the committee members must be consumers or patients in health care homes.
40.5(c) The advisory committee shall advise the commissioners on ongoing
40.6implementation of the health care homes program, including, but not limited to, the
40.8(1) implementation of certified health care homes across the state on performance
40.9management and implementation of benchmarking;
40.10(2) implementation of modifications to the health care homes program based on
40.11results of the legislatively mandated health care home evaluation;
40.12(3) statewide solutions for engagement of employers and commercial payers;
40.13(4) potential modifications of the health care home rules or statutes;
40.14(5) consumer engagement, including patient and family-centered care, patient
40.15activation in health care, and shared decision making;
40.16(6) oversight for health care home subject matter task forces or workgroups; and
40.17(7) other related issues as requested by the commissioners.
40.18(d) The advisory committee shall have the ability to establish subcommittees on
40.19specific topics. The advisory committee is governed by section 15.059. Notwithstanding
40.20section 15.059, the advisory committee does not expire.
Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
Subd. 16. Project extension.
Minnesota Rules, parts 9500.1450; 9500.1451;
9500.1452; 9500.1453; 9500.1454; 9500.1455;
9500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464 are extended.
Sec. 5. RULEMAKING; REDUNDANT PROVISION REGARDING
40.27The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
40.28subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
40.29payment under the medical assistance program. The commissioner may use the good
40.30cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
40.31rules under this section. Minnesota Statutes, section 14.386, does not apply except as
40.32provided in Minnesota Statutes, section 14.388.
Sec. 6. FEDERAL APPROVAL.
41.1By October 1, 2015, the commissioner of human services shall seek federal authority
41.2to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
41.3plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
41.4To be eligible, an individual must have family income at or below 200 percent of the
41.5federal poverty guidelines, except that for an individual under age 21, only the income of
41.6the individual must be considered in determining eligibility. Services under this program
41.7must be available on a presumptive eligibility basis.
Sec. 7. REVISOR'S INSTRUCTION.
41.9The revisor of statutes shall remove cross-references to the sections and parts
41.10repealed in section 8, paragraphs (a) and (b), wherever they appear in Minnesota Rules
41.11and shall make changes necessary to correct the punctuation, grammar, or structure of the
41.12remaining text and preserve its meanings.
Sec. 8. REPEALER.
41.14(a) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart
41.153; and 9500.1456, are repealed.
41.16(b) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
41.179505.5325, are repealed contingent upon federal approval of the state Medicaid plan
41.18amendment under section 6. The commissioner of human services shall notify the revisor
41.19of statutes when this occurs.
Section 1. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to
Subdivision 1. Definitions.
private duty home care
means home care
nursing services provided to recipients who
are ventilator dependent or
41.26 for whom a physician has certified that the recipient would meet the criteria for inpatient
41.27 hospital intensive care unit (ICU) level of care meet the criteria for regular home care
41.28nursing and require life-sustaining interventions to reduce the risk of long-term injury
Private duty Home care
nursing" means ongoing
by a registered or licensed practical nurse including assessment,
41.32 professional nursing tasks, and education, based on an assessment and physician orders
41.33 to maintain or restore optimal health of the recipient. performed by a registered nurse or
42.1licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
42.2Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
Private duty Home care
nursing agency" means a medical assistance enrolled
provider licensed under chapter 144A to provide
private duty home care
private duty home care
nursing services provided to
42.7 a recipient who is considered stable and not at an inpatient hospital intensive care unit
42.8 level of care, but may have episodes of instability that are not life threatening. home
42.9care nursing provided because:
42.10(1) the recipient requires more individual and continuous care than can be provided
42.11during a skilled nurse visit; or
42.12(2) the cares are outside of the scope of services that can be provided by a home
42.13health aide or personal care assistant.
private duty home care
nursing" means the provision of home care
nursing services by a
private duty home care
nurse to two recipients at the same time
and in the same setting.
42.17EFFECTIVE DATE.This section is effective July 1, 2014.
Sec. 2. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read:
Subd. 11. Personal care assistant; requirements.
(a) A personal care assistant
must meet the following requirements:
(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:
(i) supervision by a qualified professional every 60 days; and
(ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;
(2) be employed by a personal care assistance provider agency;
(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
(i) not disqualified under section
(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section
(4) be able to effectively communicate with the recipient and personal care
assistance provider agency;
(5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
(6) not be a consumer of personal care assistance services;
(7) maintain daily written records including, but not limited to, time sheets under
(8) effective January 1, 2010, complete standardized training as determined
by the commissioner before completing enrollment. The training must be available
in languages other than English and to those who need accommodations due to
disabilities. Personal care assistant training must include successful completion of the
following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;
(9) complete training and orientation on the needs of the recipient; and
(10) be limited to providing and being paid for up to 275 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.
(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).
(c) Persons who do not qualify as a personal care assistant include parents,
stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
foster care providers, except as otherwise allowed in section
256B.0625, subdivision 19a
and staff of a residential setting.
When the personal care assistant is a relative of the
43.31 recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
43.32 effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
43.33 parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
43.34 a grandchild.
43.35EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
is amended to read:
Subd. 21. Requirements for provider enrollment of personal care assistance
(a) All personal care assistance provider agencies must provide, at the
time of enrollment, reenrollment, and revalidation as a personal care assistance provider
agency in a format determined by the commissioner, information and documentation that
includes, but is not limited to, the following:
(1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider's
Medicaid revenue in the previous calendar year is up to and including $300,000, the
provider agency must purchase a
bond of $50,000. If the Medicaid
revenue in the previous year is over $300,000, the provider agency must purchase a
bond of $100,000. The
bond must be in a form
approved by the commissioner, must be renewed annually, and must allow for recovery of
costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directors, owners, or staff to other service providers;
(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
(8) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
(i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;
(ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and
(iii) the personal care assistance provider agency's template for the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;
(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;
(11) documentation of the agency's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services;
(13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services
for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
personal care assistance choice option and 72.5 percent of revenue from other personal
care assistance providers. The revenue generated by the qualified professional and the
reasonable costs associated with the qualified professional shall not be used in making
this calculation; and
(14) effective May 15, 2010, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by requiring personal
care assistants to sign an agreement not to work with any particular personal care
assistance recipient or for another personal care assistance provider agency after leaving
the agency and that the agency is not taking action on any such agreements or requirements
regardless of the date signed.
(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.
(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training
as determined by the commissioner before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are active in
the day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to repeat
the required training if they are hired by another agency, if they have completed the
training within the past three years. By September 1, 2010, the required training must
be available with meaningful access according to title VI of the Civil Rights Act and
federal regulations adopted under that law or any guidance from the United States Health
and Human Services Department. The required training must be available online or by
electronic remote connection. The required training must provide for competency testing.
Personal care assistance provider agency billing staff shall complete training about
personal care assistance program financial management. This training is effective July 1,
2009. Any personal care assistance provider agency enrolled before that date shall, if it
has not already, complete the provider training within 18 months of July 1, 2009. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. Personal care assistance provider agencies certified for participation in Medicare
as home health agencies are exempt from the training required in this subdivision. When
available, Medicare-certified home health agency owners, supervisors, or managers must
successfully complete the competency test.
Sec. 4. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:
Subd. 28. Personal care assistance provider agency; required documentation.
(a) Required documentation must be completed and kept in the personal care assistance
provider agency file or the recipient's home residence. The required documentation
(1) employee files, including:
(i) applications for employment;
(ii) background study requests and results;
(iii) orientation records about the agency policies;
(iv) trainings completed with demonstration of competence;
(v) supervisory visits;
(vi) evaluations of employment; and
(vii) signature on fraud statement;
(2) recipient files, including:
(ii) emergency contact information and emergency backup plan;
(iii) personal care assistance service plan;
(iv) personal care assistance care plan;
(v) month-to-month service use plan;
(vi) all communication records;
(vii) start of service information, including the written agreement with recipient; and
(viii) date the home care bill of rights was given to the recipient;
(3) agency policy manual, including:
(i) policies for employment and termination;
(ii) grievance policies with resolution of consumer grievances;
(iii) staff and consumer safety;
(iv) staff misconduct; and
(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;
(4) time sheets for each personal care assistant along with completed activity sheets
for each recipient served; and
(5) agency marketing and advertising materials and documentation of marketing
activities and costs
47.14 (6) for each personal care assistant, whether or not the personal care assistant is
47.15 providing care to a relative as defined in subdivision 11.
(b) The commissioner may assess a fine of up to $500 on provider agencies that do
not consistently comply with the requirements of this subdivision.
47.18EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1,
is amended to read:
Subdivision 1. Essential community supports.
(a) The purpose of the essential
community supports program is to provide targeted services to persons age 65 and older
who need essential community support, but whose needs do not meet the level of care
required for nursing facility placement under section
144.0724, subdivision 11
(b) Essential community supports are available not to exceed $400 per person per
month. Essential community supports may be used as authorized within an authorization
period not to exceed 12 months. Services must be available to a person who:
(1) is age 65 or older;
(2) is not eligible for medical assistance;
(3) has received a community assessment under section
256B.0911, subdivision 3a
or 3b, and does not require the level of care provided in a nursing facility;
(4) meets the financial eligibility criteria for the alternative care program under
256B.0913, subdivision 4
(5) has a community support plan; and
(6) has been determined by a community assessment under section
subdivision 3a or 3b, to be a person who would require provision of at least one of the
following services, as defined in the approved elderly waiver plan, in order to maintain
their community residence:
(i) adult day services;
a personal emergency response device or system;
home-delivered meals; or
community living assistance as defined by the commissioner.
(c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination, not to exceed $600 in a 12-month authorization
period, as part of their community support plan.
(d) A person who has been determined to be eligible for essential community
supports must be reassessed at least annually and continue to meet the criteria in paragraph
(b) to remain eligible for essential community supports.
(e) The commissioner is authorized to use federal matching funds for essential
community supports as necessary and to meet demand for essential community supports
as outlined in subdivision 2, and that amount of federal funds is appropriated to the
commissioner for this purpose.
Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
is amended to read:
Subd. 10. Enrollment requirements.
All (a) Except as provided in paragraph (b),
home and community-based waiver providers must provide, at the time of
enrollment and within 30 days of a request, in a format determined by the commissioner,
information and documentation that includes
, but is not limited to, the following:
48.28 (1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
48.29 provider's payments from Medicaid in the previous calendar year, whichever is greater;
48.30 (2) proof of fidelity bond coverage in the amount of $20,000; and
proof of liability insurance
48.32(1) waiver services providers required to meet the provider standards in chapter 245D;
48.33(2) foster care providers whose services are funded by the elderly waiver or
48.34alternative care program;
48.35(3) fiscal support entities;
49.1(4) adult day care providers;
49.2(5) providers of customized living services; and
49.3(6) residential care providers.
49.4(b) Providers of foster care services covered by section 245.814 are exempt from
49.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
49.8256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
(a) Individuals receiving services under a home and community-based waiver under
may receive services in the following settings:
(1) an individual's own home or family home;
(2) a licensed adult foster care or child foster care setting of up to five people or
49.14community residential setting of up to five people
(3) community living settings as defined in section
, subdivision 23, where
individuals with disabilities may reside in all of the units in a building of four or fewer
units, and no more than the greater of four or 25 percent of the units in a multifamily
building of more than four units, unless required by the Housing Opportunities for Persons
with AIDS Program.
(b) The settings in paragraph (a) must not:
(1) be located in a building that is a publicly or privately operated facility that
provides institutional treatment or custodial care;
(2) be located in a building on the grounds of or adjacent to a public or private
(3) be a housing complex designed expressly around an individual's diagnosis or
disability, unless required by the Housing Opportunities for Persons with AIDS Program;
(4) be segregated based on a disability, either physically or because of setting
characteristics, from the larger community; and
(5) have the qualities of an institution which include, but are not limited to:
regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
agreed to and documented in the person's individual service plan shall not result in a
residence having the qualities of an institution as long as the restrictions for the person are
not imposed upon others in the same residence and are the least restrictive alternative,
imposed for the shortest possible time to meet the person's needs.
(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
individuals receive services under a home and community-based waiver as of July 1,
2012, and the setting does not meet the criteria of this section.
(d) Notwithstanding paragraph (c), a program in Hennepin County established as
part of a Hennepin County demonstration project is qualified for the exception allowed
under paragraph (c).
(e) The commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012.
Sec. 8. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
Subdivision 1. Commissioner's duties; report.
The commissioner of human
services shall solicit proposals for the conversion of services provided for persons with
disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or
50.13community residential settings licensed under chapter 245D,
to other types of community
settings in conjunction with the closure of identified licensed adult foster care settings.
Sec. 9. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
Subdivision 1. Managed care pilot.
The commissioner may initiate a capitated
risk-based managed care option for services in an intermediate care facility for persons
with developmental disabilities according to the terms and conditions of the federal
agreement governing the managed care pilot. The commissioner may grant a variance
to any of the provisions in sections
and Minnesota Rules, parts
9525.1200 to 9525.1330
Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12,
is amended to read:
Subd. 12. Requirements for enrollment of CFSS provider agencies.
(a) All CFSS
provider agencies must provide, at the time of enrollment, reenrollment, and revalidation
as a CFSS provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
(1) the CFSS provider agency's current contact information including address,
telephone number, and e-mail address;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's
Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
provider agency must purchase a
bond of $50,000. If the provider
agency's Medicaid revenue in the previous calendar year is greater than $300,000, the
provider agency must purchase a
bond of $100,000. The
bond must be in a form approved by the commissioner, must be renewed annually,
and must allow for recovery of costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description of the CFSS provider agency's organization identifying the names
of all owners, managing employees, staff, board of directors, and the affiliations of the
directors, owners, or staff to other service providers;
(7) a copy of the CFSS provider agency's written policies and procedures including:
hiring of employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer grievances,
identification and prevention of communicable diseases, and employee misconduct;
(8) copies of all other forms the CFSS provider agency uses in the course of daily
business including, but not limited to:
(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
the standard time sheet for CFSS services approved by the commissioner, and a letter
requesting approval of the CFSS provider agency's nonstandard time sheet; and
(ii) the CFSS provider agency's template for the CFSS care plan;
(9) a list of all training and classes that the CFSS provider agency requires of its
staff providing CFSS services;
(10) documentation that the CFSS provider agency and staff have successfully
completed all the training required by this section;
(11) documentation of the agency's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties
that are used or could be used for providing home care services;
(13) documentation that the agency will use at least the following percentages of
revenue generated from the medical assistance rate paid for CFSS services for employee
personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers.
The revenue generated by the support specialist and the reasonable costs associated with
the support specialist shall not be used in making this calculation; and
(14) documentation that the agency does not burden recipients' free exercise of their
right to choose service providers by requiring personal care assistants to sign an agreement
not to work with any particular CFSS recipient or for another CFSS provider agency after
leaving the agency and that the agency is not taking action on any such agreements or
requirements regardless of the date signed.
(b) CFSS provider agencies shall provide to the commissioner the information
specified in paragraph (a).
(c) All CFSS provider agencies shall require all employees in management and
supervisory positions and owners of the agency who are active in the day-to-day
management and operations of the agency to complete mandatory training as determined
by the commissioner. Employees in management and supervisory positions and owners
who are active in the day-to-day operations of an agency who have completed the required
training as an employee with a CFSS provider agency do not need to repeat the required
training if they are hired by another agency, if they have completed the training within
the past three years. CFSS provider agency billing staff shall complete training about
CFSS program financial management. Any new owners or employees in management
and supervisory positions involved in the day-to-day operations are required to complete
mandatory training as a requisite of working for the agency. CFSS provider agencies
certified for participation in Medicare as home health agencies are exempt from the
training required in this subdivision.
Sec. 11. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
Subd. 1e. Rules regarding emergency assistance.
The commissioner shall adopt
rules under the terms of sections
for general assistance, to require use
of the emergency program under MFIP as the primary financial resource when available.
The commissioner shall adopt rules for eligibility for general assistance of persons with
seasonal income and may attribute seasonal income to other periods not in excess of one
year from receipt by an applicant or recipient. General assistance payments may not be
made for foster care, community residential settings licensed under chapter 245D,
welfare services, or other social services. Vendor payments and vouchers may be issued
only as authorized in sections
256D.05, subdivision 6
Sec. 12. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is
amended to read:
Subd. 5. Special needs.
In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.
(f)(1) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section
; (ii) eligible for the self-directed
supports option as defined under section
256B.0657, subdivision 2
; or (iii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).
(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.
(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section
256D.35, subdivision 10
, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.
(g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider.
In a multifamily building of more than four
54.25 units, the maximum number of units that may be used by recipients of this program shall
54.26 be the greater of four units or 25 percent of the units in the building, unless required by the
54.27 Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four
54.28 or fewer units, all of the units may be used by recipients of this program.
When housing is
controlled by the service provider, the individual may choose the individual's own service
provider as provided in section
256B.49, subdivision 23
, clause (3). When the housing is
controlled by the service provider, the service provider shall implement a plan with the
recipient to transition the lease to the recipient's name. Within two years of signing the
initial lease, the service provider shall transfer the lease entered into under this subdivision
to the recipient. In the event the landlord denies this transfer, the commissioner may
approve an exception within sufficient time to ensure the continued occupancy by the
recipient. This paragraph expires June 30, 2016.
Sec. 13. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
Subd. 6. Excluded time.
"Excluded time" means:
(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
other than an emergency shelter, halfway house, foster home, community residential
55.5setting licensed under chapter 245D,
semi-independent living domicile or services
program, residential facility offering care, board and lodging facility or other institution
for the hospitalization or care of human beings, as defined in section
245A.02, subdivision 14
; maternity home, battered women's shelter, or correctional
facility; or any facility based on an emergency hold under sections
1 and 2, and
253B.07, subdivision 6
(2) any period an applicant spends on a placement basis in a training and habilitation
program, including: a rehabilitation facility or work or employment program as defined
; semi-independent living services provided under section
and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
programs and assisted living services; and
(3) any placement for a person with an indeterminate commitment, including
Sec. 14. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
Subd. 3. Group residential housing.
"Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section
. This definition includes foster care
settings or community residential settings
for a single adult. To receive payment for a
group residence rate, the residence must meet the requirements under section
Sec. 15. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
Subd. 2a. License required.
A county agency may not enter into an agreement with
an establishment to provide group residential housing unless:
(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; a residential care home; a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
(iii) a residence licensed by the commissioner under Minnesota Rules,
parts 2960.0010 to 2960.0120, with a variance under section
, subdivision 9; or
56.6(iv) licensed by the commissioner of human services under chapter 245D;
(3) the establishment is registered under chapter 144D and provides three meals a
day, or is an establishment voluntarily registered under section
as a supportive
housing establishment; or
(4) an establishment voluntarily registered under section
, other than
a supportive housing establishment under clause (3), is not eligible to provide group
The requirements under clauses (1) to (4) do not apply to establishments exempt
from state licensure because they are located on Indian reservations and subject to tribal
health and safety requirements.
Sec. 16. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
amended to read:
Subd. 9. Common entry point designation.
(a) Each county board shall designate a
56.19common entry point for reports of suspected maltreatment, for use until the commissioner
56.20of human services establishes a common entry point. Two or more county boards may
56.21jointly designate a single common entry point.
The commissioner of human services shall
establish a common entry point effective July 1,
. The common entry point is
the unit responsible for receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;
(5) whether there was a risk of imminent danger to the alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the alleged victim;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of the initial and final
(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.
(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative
agency, those agencies shall take the report on the appropriate common entry point intake
forms and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized database
for the collection of common entry point data, lead investigative agency data including
maltreatment report disposition, and appeals data. The common entry point shall
have access to the centralized database and must log the reports into the database and
immediately identify and locate prior reports of abuse, neglect, or exploitation.
(h) When appropriate, the common entry point staff must refer calls that do not
allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
that might resolve the reporter's concerns.
(i) A common entry point must be operated in a manner that enables the
commissioner of human services to:
(1) track critical steps in the reporting, evaluation, referral, response, disposition,
and investigative process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for
monitoring patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect,
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) track and manage consumer complaints related to the common entry point.
(j) The commissioners of human services and health shall collaborate on the
creation of a system for referring reports to the lead investigative agencies. This system
shall enable the commissioner of human services to track critical steps in the reporting,
evaluation, referral, response, disposition, investigation, notification, determination, and
58.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 17. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
date, is amended to read:
This section is effective January 1, 2014, for adults age 21 or
older, and October 1, 2019, for children
age 16 to
before the child's 21st birthday.
Sec. 18. Laws 2013, chapter 108, article 7, section 60, is amended to read:
Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
(a) The commissioner of human services shall increase reimbursement rates, grants,
allocations, individual limits, and rate limits, as applicable, by one percent for the rate
period beginning April 1, 2014, for services rendered on or after those dates. County or
tribal contracts for services specified in this section must be amended to pass through
these rate increases within 60 days of the effective date.
(b) The rate changes described in this section must be provided to:
(1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section
(2) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
(3) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section
(4) brain injury waivered services, including consumer-directed community
supports, under Minnesota Statutes, section
(5) home and community-based waivered services for the elderly under Minnesota
(6) nursing services and home health services under Minnesota Statutes, section
58.33256B.0625, subdivision 6a
(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section
256B.0625, subdivisions 6a
(8) private duty nursing services under Minnesota Statutes, section
(9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections
, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
(10) alternative care services under Minnesota Statutes, section
59.10essential community supports under Minnesota Statutes, section 256B.0922
(11) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;
(12) semi-independent living services (SILS) under Minnesota Statutes, section
, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256M;
(13) consumer support grants under Minnesota Statutes, section
(14) family support grants under Minnesota Statutes, section
(15) housing access grants under Minnesota Statutes, sections
59.19256B.0917, subdivision 14
(16) self-advocacy grants under Laws 2009, chapter 101;
(17) technology grants under Laws 2009, chapter 79;
(18) aging grants under Minnesota Statutes, sections
(19) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section
256.01, subdivision 2
; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections
; Laws 1985, chapter 9;
and Laws 1997, First Special Session chapter 5, section 20.
(c) A managed care plan receiving state payments for the services in this section
must include these increases in their payments to providers. To implement the rate increase
in this section, capitation rates paid by the commissioner to managed care organizations
under Minnesota Statutes, section
, shall reflect a one percent increase for the
specified services for the period beginning April 1, 2014.
(d) Counties shall increase the budget for each recipient of consumer-directed
community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
59.36EFFECTIVE DATE.This section is effective April 1, 2014.
Sec. 19. REVISOR'S INSTRUCTION.
60.2The revisor of statutes shall change the term "private duty nursing" or similar terms
60.3to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
60.4"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
60.5Rules. The revisor shall also make grammatical changes related to the changes in terms.
Sec. 20. REPEALER.
60.7Minnesota Rules, part 9525.1580, is repealed.
60.9CHILDREN AND FAMILIES
Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to
Subd. 19. Family day care and group family day care child age classifications.
(a) For the purposes of family day care and group family day care licensing under this
chapter, the following terms have the meanings given them in this subdivision.
(b) "Newborn" means a child between birth and six weeks old.
(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
(d) "Toddler" means a child who is at least 12 months old but less than 24 months
old, except that for purposes of specialized infant and toddler family and group family day
care, "toddler" means a child who is at least 12 months old but less than 30 months old.
(e) "Preschooler" means a child who is at least 24 months old up to
60.21 being eligible to enter kindergarten within the next four months
(f) "School age" means a child who is at least
of sufficient age to have attended the
60.23 first day of kindergarten, or is eligible to enter kindergarten within the next four months
60.24 five years of age
, but is younger than 11 years of age.
Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
60.26245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
60.27DEATH IN LICENSED PROGRAMS.
(a) When a license holder is placing an infant to sleep, the license holder must place
the infant on the infant's back, unless the license holder has documentation from the
infant's physician directing an alternative sleeping position for the infant. The physician
directive must be on a form approved by the commissioner and must remain on file at the
licensed location. An infant who independently rolls onto its stomach after being placed to
sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
six months of age or the license holder has a signed statement from the parent indicating
that the infant regularly rolls over at home.
(b) The license holder must place the infant in a crib directly on a firm mattress with
a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
part 1511. The requirements of this section apply to license holders serving infants younger
than one year of age. Licensed child care providers must meet the crib requirements under
245A.146. A correction order shall not be issued under this paragraph unless there
61.12is evidence that a violation occurred when an infant was present in the license holder's care
(c) If an infant falls asleep before being placed in a crib, the license holder must
move the infant to a crib as soon as practicable, and must keep the infant within sight of
the license holder until the infant is placed in a crib. When an infant falls asleep while
being held, the license holder must consider the supervision needs of other children in
care when determining how long to hold the infant before placing the infant in a crib to
sleep. The sleeping infant must not be in a position where the airway may be blocked or
with anything covering the infant's face.
(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create a
swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
the license holder must obtain informed written consent for the use of swaddling from the
parent or guardian of the infant on a form provided by the commissioner and prepared in
partnership with the Minnesota Sudden Infant Death Center.
Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
amended to read:
Subd. 5. Sudden unexpected infant death and abusive head trauma training.
(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section
receive training on reducing the risk of sudden unexpected infant death. In addition,
license holders must document that before staff persons, caregivers, and helpers assist in
the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7.
(b) Sudden unexpected infant death reduction training required under this subdivision
be at least one-half hour in length and must be completed in person at least once
62.8 every two years. On the years when the license holder is not receiving the in-person
62.9 training on sudden unexpected infant death reduction, the license holder must receive
62.10 sudden unexpected infant death reduction training through a video of no more than one
62.11 hour in length developed or approved by the commissioner.,
at a minimum,
address the risk factors related to sudden unexpected infant death, means of reducing
the risk of sudden unexpected infant death in child care, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant death.
(c) Abusive head trauma training required under this subdivision must be at least
one-half hour in length and must
be completed at least once every year.,
at a minimum,
the training must
address the risk factors related to shaking infants and young children,
means of reducing the risk of abusive head trauma in child care, and license holder
communication with parents regarding reducing the risk of abusive head trauma.
(d) Training for family and group family child care providers must be developed
by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
approved by the Minnesota Center for Professional Development. Sudden unexpected
62.23infant death reduction training and abusive head trauma training may be provided in a
62.24single course of no more than two hours in length
62.25(e) Sudden unexpected infant death reduction training and abusive head trauma
62.26training required under this subdivision must be completed in person or as allowed under
62.27subdivision 10, clause (1) or (2), at least once every two years. On the years when the
62.28license holder is not receiving these trainings, training in person or as allowed under
62.29subdivision 10, clause (1) or (2), the license holder must receive sudden unexpected infant
62.30death reduction training and abusive head trauma training through a video of no more than
62.31one hour in length. The video must be developed or approved by the commissioner.
62.32EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 4. Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read:
Subd. 2. Placement decisions based on best interests of the child.
policy of the state of Minnesota is to ensure that the child's best interests are met by
requiring an individualized determination of the needs of the child and of how the selected
placement will serve the needs of the child being placed. The authorized child-placing
agency shall place a child, released by court order or by voluntary release by the parent
or parents, in a family foster home selected by considering placement with relatives and
important friends in the following order:
(1) with an individual who is related to the child by blood, marriage, or adoption; or
(2) with an individual who is an important friend with whom the child has resided or
had significant contact.
(b) Among the factors the agency shall consider in determining the needs of the
child are the following:
(1) the child's current functioning and behaviors;
(2) the medical needs of the child;
(3) the educational needs of the child;
(4) the developmental needs of the child;
(5) the child's history and past experience;
(6) the child's religious and cultural needs;
(7) the child's connection with a community, school, and faith community;
(8) the child's interests and talents;
(9) the child's relationship to current caretakers, parents, siblings, and relatives; and
(10) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.
(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is documented that a joint placement would be contrary to the
safety or well-being of any of the siblings or unless it is not possible after reasonable
efforts by the responsible social services agency. In cases where siblings cannot be placed
together, the agency is required to provide frequent visitation or other ongoing interaction
between siblings unless the agency documents that the interaction would be contrary to
the safety or well-being of any of the siblings.
(e) Except for emergency placement as provided for in section
63.33following requirements must be satisfied before the approval of a foster or adoptive
63.34placement in a related or unrelated home: (1)
a completed background study
before the approval of a foster placement in a related or unrelated
63.36 home; and (2) a completed review of the written home study required under section
64.1260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective
64.2foster or adoptive parent to ensure the placement will meet the needs of the individual child
Sec. 5. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
Subd. 4. Duties of commissioner.
The commissioner of human services shall:
(1) provide practice guidance to responsible social services agencies and child-placing
agencies that reflect federal and state laws and policy direction on placement of children;
(2) develop criteria for determining whether a prospective adoptive or foster family
has the ability to understand and validate the child's cultural background;
(3) provide a standardized training curriculum for adoption and foster care workers
and administrators who work with children. Training must address the following objectives:
(i) developing and maintaining sensitivity to all cultures;
(ii) assessing values and their cultural implications;
(iii) making individualized placement decisions that advance the best interests of a
particular child under section
260C.212, subdivision 2
(iv) issues related to cross-cultural placement;
(4) provide a training curriculum for all prospective adoptive and foster families that
prepares them to care for the needs of adoptive and foster children taking into consideration
the needs of children outlined in section
260C.212, subdivision 2
, paragraph (b);
(5) develop and provide to agencies a home study format to assess the capacities
and needs of prospective adoptive and foster families. The format must address
problem-solving skills; parenting skills; evaluate the degree to which the prospective
family has the ability to understand and validate the child's cultural background, and other
issues needed to provide sufficient information for agencies to make an individualized
placement decision consistent with section
, subdivision 2. For a study of a
64.25prospective foster parent, the format must also address the capacity of the prospective
64.26foster parent to provide a safe, healthy, smoke-free home environment.
If a prospective
adoptive parent has also been a foster parent, any update necessary to a home study for
the purpose of adoption may be completed by the licensing authority responsible for the
foster parent's license. If a prospective adoptive parent with an approved adoptive home
study also applies for a foster care license, the license application may be made with the
same agency which provided the adoptive home study; and
(6) consult with representatives reflecting diverse populations from the councils
established under sections
, and other state, local, and
Sec. 6. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
Subd. 6. Duties of child-placing agencies.
(a) Each authorized child-placing
(1) develop and follow procedures for implementing the requirements of section
65.5260C.212, subdivision 2
, and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923;
(2) have a written plan for recruiting adoptive and foster families that reflect the
ethnic and racial diversity of children who are in need of foster and adoptive homes.
The plan must include:
(i) strategies for using existing resources in diverse communities;
(ii) use of diverse outreach staff wherever possible;
(iii) use of diverse foster homes for placements after birth and before adoption; and
(iv) other techniques as appropriate;
(3) have a written plan for training adoptive and foster families;
(4) have a written plan for employing staff in adoption and foster care who have
the capacity to assess the foster and adoptive parents' ability to understand and validate a
child's cultural and meet the child's individual needs, and to advance the best interests of
the child, as required in section
260C.212, subdivision 2
. The plan must include staffing
goals and objectives;
(5) ensure that adoption and foster care workers attend training offered or approved
by the Department of Human Services regarding cultural diversity and the needs of special
(6) develop and implement procedures for implementing the requirements of the
Indian Child Welfare Act and the Minnesota Indian Family Preservation Act
65.25(7) ensure that children in foster care are protected from the effects of secondhand
65.26smoke and that licensed foster homes maintain a smoke-free environment in compliance
65.27with subdivision 9.
(b) In determining the suitability of a proposed placement of an Indian child, the
standards to be applied must be the prevailing social and cultural standards of the Indian
child's community, and the agency shall defer to tribal judgment as to suitability of a
particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.
Sec. 7. Minnesota Statutes 2012, section 260C.215, is amended by adding a
subdivision to read:
66.1 Subd. 9. Preventing exposure to secondhand smoke for children in foster care.
66.2(a) A child in foster care shall not be exposed to any type of secondhand smoke in the
66.4(1) a licensed foster home or any enclosed space connected to the home, including a
66.5garage, porch, deck, or similar space; and
66.6(2) a motor vehicle in which a foster child is transported.
66.7(b) Smoking in outdoor areas on the premises of the home is permitted, except when
66.8a foster child is present and exposed to secondhand smoke.
66.9(c) The home study required in subdivision 4, clause (5), must include a plan to
66.10maintain a smoke-free environment for foster children.
66.11(d) If a foster parent fails to provide a smoke-free environment for a foster child, the
66.12child-placing agency must ask the foster parent to comply with a plan that includes training
66.13on the health risks of exposure to secondhand smoke. If the agency determines that the
66.14foster parent is unable to provide a smoke-free environment and that the home environment
66.15constitutes a health risk to a foster child, the agency must reassess whether the placement
66.16is based on the child's best interests consistent with section 260C.212, subdivision 2.
66.17(e) Nothing in this subdivision shall delay the placement of a child with a relative,
66.18consistent with section 245A.035, unless the relative is unable to provide for the
66.19immediate health needs of the individual child.
66.20(f) Nothing in this subdivision shall be interpreted to interfere with traditional or
66.21spiritual Native American or religious ceremonies involving the use of tobacco.
Sec. 8. Minnesota Statutes 2012, section 626.556, is amended by adding a subdivision
66.24 Subd. 7a. Mandatory guidance for screening reports. Child protection intake
66.25workers, supervisors, and others involved with child protection screening shall follow the
66.26guidance provided in the Department of Human Services Minnesota Child Maltreatment
66.27Screening Guidelines when screening maltreatment referrals, and, when notified by the
66.28commissioner of human services, shall immediately implement updated procedures and
66.30EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
Subd. 11c. Welfare, court services agency, and school records maintained.
, records maintained or records derived
from reports of abuse by local welfare agencies, agencies responsible for assessing or
investigating the report, court services agencies, or schools under this section shall be
destroyed as provided in paragraphs (a) to (d) by the responsible authority.
(a) For family assessment cases and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the assessment or
investigation records must be maintained for a period of four years. Records under this
paragraph may not be used for employment, background checks, or purposes other than to
assist in future risk and safety assessments.
(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.
(c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph (d), shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.
67.21(e) For reports alleging child maltreatment that were not accepted for assessment
67.22or investigation, counties shall maintain sufficient information to identify repeat reports
67.23alleging maltreatment of the same child or children for 365 days from the date the report
67.24was screened out. The commissioner of human services shall specify to the counties the
67.25minimum information needed to accomplish this purpose. Counties shall enter this data
67.26into the state social services information system.
67.27EFFECTIVE DATE.This section is effective the day following final enactment.
Section 1. Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read:
Subd. 6. Unlicensed complementary and alternative health care practitioner.
"Unlicensed complementary and alternative health care practitioner" means a person who:
(i) is not licensed or registered by a health-related licensing board or the
commissioner of health; or
(ii) is licensed or registered by the commissioner of health or a health-related
licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board
of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself
out to the public as being licensed or registered by the commissioner or a health-related
licensing board when engaging in complementary and alternative health care;
(2) has not had a license or registration issued by a health-related licensing board
or the commissioner of health revoked or has not been disciplined in any manner at any
time in the past, unless the right to engage in complementary and alternative health care
practices has been established by order of the commissioner of health;
(3) is engaging in complementary and alternative health care practices; and
(4) is providing complementary and alternative health care services for remuneration
or is holding oneself out to the public as a practitioner of complementary and alternative
health care practices.
(b) A health care practitioner licensed or registered by the commissioner or a
68.17 health-related licensing board, who engages in complementary and alternative health care
68.18 while practicing under the practitioner's license or registration, shall be regulated by and
68.19 be under the jurisdiction of the applicable health-related licensing board with regard to
68.20 the complementary and alternative health care practices.
Sec. 2. [146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH
68.22CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE
68.24(a) A health care practitioner licensed or registered by the commissioner or a
68.25health-related licensing board, who engages in complementary and alternative health care
68.26while practicing under the practitioner's license or registration, shall be regulated by and
68.27be under the jurisdiction of the applicable health-related licensing board with regard to
68.28the complementary and alternative health care practices.
68.29(b) A health care practitioner licensed or registered by the commissioner or a
68.30health-related licensing board shall not be subject to disciplinary action solely on the basis
68.31of utilizing complementary and alternative health care practices as defined in section
68.32146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for
68.33referring a patient to a complementary and alternative health care practitioner as defined in
68.34section 146A.01, subdivision 6.
69.1(c) A health care practitioner licensed or registered by the commissioner or a
69.2health-related licensing board who utilizes complementary and alternative health care
69.3practices must provide patients receiving these services with a written copy of the
69.4complementary and alternative health care client bill of rights pursuant to section 146A.11.
69.5(d) Nothing in this section shall be construed to prohibit or restrict the commissioner
69.6or a health-related licensing board from imposing disciplinary action for conduct that
69.7violates provisions of the applicable licensed or registered health care practitioner's
Sec. 3. Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is
amended to read:
Subdivision 1. Scope.
(a) All unlicensed complementary and alternative health
care practitioners shall provide to each complementary and alternative health care
client prior to providing treatment a written copy of the complementary and alternative
health care client bill of rights. A copy must also be posted in a prominent location
in the office of the unlicensed complementary and alternative health care practitioner.
Reasonable accommodations shall be made for those clients who cannot read or who
have communication disabilities and those who do not read or speak English. The
complementary and alternative health care client bill of rights shall include the following:
(1) the name, complementary and alternative health care title, business address, and
telephone number of the unlicensed complementary and alternative health care practitioner;
(2) the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided, followed by the
following statement in bold print:
"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
trainer, or any other type of health care provider, the client may seek such services at
(3) the name, business address, and telephone number of the practitioner's
supervisor, if any;
(4) notice that a complementary and alternative health care client has the right to file a
complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may file
complaints with the office;
(6) the practitioner's fees per unit of service, the practitioner's method of billing
for such fees, the names of any insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the practitioner contracts to
provide service, whether the practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing to accept partial payment,
or to waive payment, and in what circumstances;
(7) a statement that the client has a right to reasonable notice of changes in services
(8) a brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;
(9) notice that the client has a right to complete and current information concerning
the practitioner's assessment and recommended service that is to be provided, including
the expected duration of the service to be provided;
(10) a statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;
(11) a statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the client, or
otherwise provided by law;
(12) a statement of the client's right to be allowed access to records and written
information from records in accordance with sections
(13) a statement that other services may be available in the community, including
where information concerning services is available;
(14) a statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;
(15) a statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;
(16) a statement that the client may refuse services or treatment, unless otherwise
provided by law; and
(17) a statement that the client may assert the client's rights without retaliation.
(b) This section does not apply to an unlicensed complementary and alternative
health care practitioner who is employed by or is a volunteer in a hospital or hospice who
provides services to a client in a hospital or under an appropriate hospice plan of care.
Patients receiving complementary and alternative health care services in an inpatient
hospital or under an appropriate hospice plan of care shall have and be made aware of
the right to file a complaint with the hospital or hospice provider through which the
practitioner is employed or registered as a volunteer.
71.9(c) This section does not apply to a health care practitioner licensed or registered by
71.10the commissioner of health or a health-related licensing board who utilizes complementary
71.11and alternative health care practices within the scope of practice of the health care
71.12practitioner's professional license.
Sec. 4. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
Subdivision 1. Definitions.
For the purposes of sections
is defined as the science of adjusting any abnormal articulations
71.16 of the human body, especially those of the spinal column, for the purpose of giving
71.17 freedom of action to impinged nerves that may cause pain or deranged function; and
71.18 means the health care discipline that recognizes the innate recuperative power of the body
71.19to heal itself without the use of drugs or surgery by identifying and caring for vertebral
71.20subluxations and other abnormal articulations by emphasizing the relationship between
71.21structure and function as coordinated by the nervous system and how that relationship
71.22affects the preservation and restoration of health;
71.23 (2) "chiropractic services" means the evaluation and facilitation of structural,
71.24biomechanical, and neurological function and integrity through the use of adjustment,
71.25manipulation, mobilization, or other procedures accomplished by manual or mechanical
71.26forces applied to bones or joints and their related soft tissues for correction of vertebral
71.27subluxation, other abnormal articulations, neurological disturbances, structural alterations,
71.28or biomechanical alterations, and includes, but is not limited to, manual therapy and
71.29mechanical therapy as defined in section 146.23;
71.30 (3) "abnormal articulation" means the condition of opposing bony joint surfaces and
71.31their related soft tissues that do not function normally, including subluxation, fixation,
71.32adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
71.33disturbances within the nervous system, results in postural alteration, inhibits motion,
71.34allows excessive motion, alters direction of motion, or results in loss of axial loading
71.35efficiency, or a combination of these;
72.1 (4) "diagnosis" means the physical, clinical, and laboratory examination of the
72.2patient, and the use of diagnostic services for diagnostic purposes within the scope of the
72.3practice of chiropractic described in sections 148.01 to 148.10;
72.4 (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
72.5measures, including diagnostic imaging that may be necessary to determine the presence
72.6or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for
72.7evaluation of a health concern, diagnosis, differential diagnosis, treatment, further
72.8examination, or referral;
72.9 (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
72.10Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
72.11sciences and procedures for which the licensee was subject to examination under section
72.12148.06. When provided, therapeutic services must be performed within a practice
72.13where the primary focus is the provision of chiropractic services, to prepare the patient
72.14for chiropractic services, or to complement the provision of chiropractic services. The
72.15administration of therapeutic services is the responsibility of the treating chiropractor and
72.16must be rendered under the direct supervision of qualified staff;
72.17 (7) "acupuncture" means a modality of treating abnormal physical conditions
72.18by stimulating various points of the body or interruption of the cutaneous integrity
72.19by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
72.20utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
72.21independent therapy or separately from chiropractic services. Acupuncture is permitted
72.22under section 148.01 only after registration with the board which requires completion
72.23of a board-approved course of study and successful completion of a board-approved
72.24national examination on acupuncture. Renewal of registration shall require completion of
72.25board-approved continuing education requirements in acupuncture. The restrictions of
72.26section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
72.27under this section; and
72.28 (2) (8)
"animal chiropractic diagnosis and treatment" means treatment that includes
identifying and resolving vertebral subluxation complexes, spinal manipulation, and
manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
diagnosis and treatment does not include:
(i) performing surgery;
(ii) dispensing or administering of medications; or
(iii) performing traditional veterinary care and diagnosis.
Sec. 5. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
Subd. 2. Exclusions.
The practice of chiropractic is not the practice of medicine,
osteopathy, or physical therapy
Sec. 6. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
73.5 Subd. 4. Practice of chiropractic. An individual licensed to practice under section
73.6148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services,
73.7and to provide diagnosis and to render opinions pertaining to those services for the
73.8purpose of determining a course of action in the best interests of the patient, such as a
73.9treatment plan, appropriate referral, or both.
Sec. 7. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
Subdivision 1. Generally.
Any person who practices, or attempts to practice,
chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
the public to believe that the person who so uses the terms is engaged in the practice of
chiropractic, without having complied with the provisions of sections
guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
six months or punished by both fine and imprisonment, in the discretion of the court. It is
the duty of the county attorney of the county in which the person practices to prosecute.
Nothing in sections
shall be considered as interfering with any person:
(1) licensed by a health-related licensing board, as defined in section
, including psychological practitioners with respect to the use of hypnosis;
(2) registered or licensed
by the commissioner of health under section
(3) engaged in other methods of healing regulated by law in the state of Minnesota;
provided that the person confines activities within the scope of the license or other
regulation and does not practice or attempt to practice chiropractic.
Sec. 8. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
Subd. 17. Physical agent modalities.
"Physical agent modalities" mean modalities
that use the properties of light, water, temperature, sound, or electricity to produce a
response in soft tissue.
The physical agent modalities referred to in sections
148.6440 are superficial physical agent modalities, electrical stimulation devices,
73.32 and ultrasound.
74.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 148.6404, is amended to read:
74.3148.6404 SCOPE OF PRACTICE.
The practice of occupational therapy by an occupational therapist or occupational
therapy assistant includes, but is not limited to, intervention directed toward:
(1) assessment and evaluation, including the use of skilled observation or
the administration and interpretation of standardized or nonstandardized tests and
measurements, to identify areas for occupational therapy services;
(2) providing for the development of sensory integrative, neuromuscular, or motor
components of performance;
(3) providing for the development of emotional, motivational, cognitive, or
psychosocial components of performance;
(4) developing daily living skills;
(5) developing feeding and swallowing skills;
(6) developing play skills and leisure capacities;
(7) enhancing educational performance skills;
(8) enhancing functional performance and work readiness through exercise, range of
motion, and use of ergonomic principles;
(9) designing, fabricating, or applying rehabilitative technology, such as selected
orthotic and prosthetic devices, and providing training in the functional use of these devices;
(10) designing, fabricating, or adapting assistive technology and providing training
in the functional use of assistive devices;
(11) adapting environments using assistive technology such as environmental
controls, wheelchair modifications, and positioning;
(12) employing physical agent modalities, in preparation for or as an adjunct to
purposeful activity, within the same treatment session or to meet established functional
occupational therapy goals
, consistent with the requirements of section
(13) promoting health and wellness.
74.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2012, section 148.6430, is amended to read:
74.31148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and treatment that, according to prevailing practice standards of the
American Occupational Therapy Association, can be performed by an occupational
therapy assistant. The occupational therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly.
Delegation of duties related
75.6 to use of physical agent modalities to occupational therapy assistants is governed by
148.6440, subdivision 6 .
75.8EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
Subdivision 1. Applicability.
If the professional standards identified in section
permit an occupational therapist to delegate an evaluation, reevaluation, or
treatment procedure, the occupational therapist must provide supervision consistent
with this section.
Supervision of occupational therapy assistants using physical agent
75.14 modalities is governed by section
148.6440, subdivision 6 .
75.15EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
Subd. 3. Approved education program.
"Approved education program" means
a university, college, or other postsecondary education program of athletic training
that, at the time the student completes the program, is approved or accredited by
75.20 National Athletic Trainers Association Professional Education Committee, the National
75.21 Athletic Trainers Association Board of Certification, or the Joint Review Committee on
75.22 Educational Programs in Athletic Training in collaboration with the American Academy
75.23 of Family Physicians, the American Academy of Pediatrics, the American Medical
75.24 Association, and the National Athletic Trainers Association a nationally recognized
75.25accreditation agency for athletic training education programs approved by the board
Sec. 13. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
Subd. 9. Credentialing examination.
"Credentialing examination" means an
examination administered by the
National Athletic Trainers Association
Certification, or the board's recognized successor,
for credentialing as an athletic trainer,
or an examination for credentialing offered by a national testing service that is approved
by the board.
Sec. 14. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
Subdivision 1. Designation.
A person shall not use in connection with the person's
name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
registered athletic trainer; athletic trainer; AT;
ATR; or any words, letters, abbreviations,
or insignia indicating or implying that the person is an athletic trainer, without a certificate
of registration as an athletic trainer issued under sections
. A student
attending a college or university athletic training program must be identified as
76.8 athletic trainer an "athletic training student
Sec. 15. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
The Athletic Trainers Advisory Council
is created and is composed of eight members appointed by the board. The advisory
council consists of:
(1) two public members as defined in section
(2) three members who
, except for initial appointees,
are registered athletic trainers,
one being both a licensed physical therapist and registered athletic trainer as submitted by
the Minnesota American Physical Therapy Association;
(3) two members who are medical physicians licensed by the state and have
experience with athletic training and sports medicine; and
(4) one member who is a doctor of chiropractic licensed by the state and has
experience with athletic training and sports injuries.
Sec. 16. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
Subdivision 1. Registration.
The board may issue a certificate of registration as an
athletic trainer to applicants who meet the requirements under this section. An applicant
for registration as an athletic trainer shall pay a fee under section
and file a
written application on a form, provided by the board, that includes:
(1) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;
(2) evidence satisfactory to the board of the successful completion of an education
program approved by the board;
(3) educational background;
(4) proof of a baccalaureate or master's
degree from an accredited college or
(5) credentials held in other jurisdictions;
(6) a description of any other jurisdiction's refusal to credential the applicant;
(7) a description of all professional disciplinary actions initiated against the applicant
in any other jurisdiction;
(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(9) evidence satisfactory to the board of a qualifying score on a credentialing
within one year of the application for registration
(10) additional information as requested by the board;
(11) the applicant's signature on a statement that the information in the application is
true and correct to the best of the applicant's knowledge and belief; and
(12) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or engaged in the practice of athletic training.
Sec. 17. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
Subd. 4. Temporary registration.
(a) The board may issue a temporary registration
as an athletic trainer to qualified applicants. A temporary registration is issued for
one year 120 days
. An athletic trainer with a temporary registration may qualify for
full registration after submission of verified documentation that the athletic trainer has
achieved a qualifying score on a credentialing examination within
one year 120 days
the date of the temporary registration. A
temporary registration may not be renewed.
(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
temporary registration must submit the application materials and fees for registration
required under subdivision 1, clauses (1) to (8) and (10) to (12).
(c) An athletic trainer with a temporary registration shall work only under the
direct supervision of an athletic trainer registered under this section. No more than
athletic trainers with temporary registrations shall work under the direction of a
registered athletic trainer.
Sec. 18. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
Subd. 2. Approved programs.
The board shall approve a continuing education
program that has been approved for continuing education credit by the
77.29 Trainers Association
Board of Certification, or the board's recognized successor
Sec. 19. Minnesota Statutes 2012, section 148.7813, is amended by adding a
subdivision to read:
77.32 Subd. 5. Discipline; reporting. For the purposes of this chapter, registered athletic
77.33trainers and applicants are subject to sections 147.091 to 147.162.
Sec. 20. Minnesota Statutes 2012, section 148.7814, is amended to read:
do not apply to persons who are certified as athletic
trainers by the
National Athletic Trainers Association
Board of Certification or the board's
and come into Minnesota for a specific athletic event or series of
athletic events with an individual or group.
Sec. 21. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
Subd. 2. Certified doula.
"Certified doula" means an individual who has received
a certification to perform doula services from the International Childbirth Education
Association, the Doulas of North America (DONA), the Association of Labor Assistants
and Childbirth Educators (ALACE), Birthworks, the
Childbirth and Postpartum
Professional Association (CAPPA), Childbirth International,
for Traditional Childbearing, or Commonsense Childbirth, Inc
Sec. 22. Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read:
Subd. 2. Qualifications.
The commissioner shall include on the registry any
(1) submits an application on a form provided by the commissioner. The form must
include the applicant's name, address, and contact information;
(2) maintains a current certification from one of the organizations listed in section
146B.01, subdivision 2 148.995, subdivision 2
(3) pays the fees required under section
Sec. 23. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
Subd. 2. Supervision.
(a) To qualify as a LPCC, an applicant must have completed
4,000 hours of post-master's degree supervised professional practice in the delivery
of clinical services in the diagnosis and treatment of mental illnesses and disorders in
both children and adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).
(b) The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in section
subdivision 18, clauses (1) to (6), or
245.4871, subdivision 27
, clauses (1) to (6), or by a
board-approved supervisor, who has at least two years of postlicensure experience in the
delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
78.33 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
(c) The supervision must be obtained at the rate of two hours of supervision per 40
hours of professional practice. The supervision must be evenly distributed over the course
of the supervised professional practice. At least 75 percent of the required supervision
hours must be received in person. The remaining 25 percent of the required hours may be
received by telephone or by audio or audiovisual electronic device. At least 50 percent of
the required hours of supervision must be received on an individual basis. The remaining
50 percent may be received in a group setting.
(d) The supervised practice must include at least 1,800 hours of clinical client contact.
(e) The supervised practice must be clinical practice. Supervision includes the
observation by the supervisor of the successful application of professional counseling
knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and emotional, mental, and
Sec. 24. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
Subd. 4. Conversion to licensed professional clinical counselor after August 1,
After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
79.17 professional counselor may convert to a LPCC by providing evidence satisfactory to the
79.18 board that the applicant has met the requirements of subdivisions 1 and 2, subject to
79.19 the following:
79.20 (1) the individual's license must be active and in good standing;
79.21 (2) the individual must not have any complaints pending, uncompleted disciplinary
79.22 orders, or corrective action agreements; and
79.23 (3) the individual has paid the LPCC application and licensure fees required in
148B.53, subdivision 3 . (a) After August 1, 2014, an individual currently licensed
79.25in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
79.26providing evidence satisfactory to the board that the applicant has met the following
79.28 (1) is at least 18 years of age;
79.29 (2) has a license that is active and in good standing;
79.30 (3) has no complaints pending, uncompleted disciplinary order, or corrective action
79.32 (4) has completed a master's or doctoral degree program in counseling or a related
79.33field, as determined by the board, and whose degree was from a counseling program
79.34recognized by CACREP or from an institution of higher education that is accredited by a
79.35regional accrediting organization recognized by CHEA;
80.1 (5) has earned 24 graduate-level semester credits or quarter-credit equivalents in
80.2clinical coursework which includes content in the following clinical areas:
80.3 (i) diagnostic assessment for child or adult mental disorders; normative development;
80.4and psychopathology, including developmental psychopathology;
80.5 (ii) clinical treatment planning with measurable goals;
80.6 (iii) clinical intervention methods informed by research evidence and community
80.7standards of practice;
80.8 (iv) evaluation methodologies regarding the effectiveness of interventions;
80.9 (v) professional ethics applied to clinical practice; and
80.10 (vi) cultural diversity;
80.11 (6) has demonstrated competence in professional counseling by passing the National
80.12Clinical Mental Health Counseling Examination (NCMHCE), administered by the
80.13National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
80.14examinations as prescribed by the board;
80.15 (7) has demonstrated, to the satisfaction of the board, successful completion of 4,000
80.16hours of supervised, post-master's degree professional practice in the delivery of clinical
80.17services in the diagnosis and treatment of child and adult mental illnesses and disorders,
80.18which includes 1,800 direct client contact hours. A licensed professional counselor
80.19who has completed 2,000 hours of supervised post-master's degree clinical professional
80.20practice and who has independent practice status need only document 2,000 additional
80.21hours of supervised post-master's degree clinical professional practice, which includes 900
80.22direct client contact hours; and
80.23 (8) has paid the LPCC application and licensure fees required in section 148B.53,
80.25 (b) If the coursework in paragraph (a) was not completed as part of the degree
80.26program required by paragraph (a), clause (5), the coursework must be taken and passed
80.27for credit, and must be earned from a counseling program or institution that meets the
80.28requirements in paragraph (a), clause (5).
Sec. 25. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
Subdivision 1. License requirements.
The board shall issue a license to practice
podiatric medicine to a person who meets the following requirements:
(a) The applicant for a license shall file a written notarized application on forms
provided by the board, showing to the board's satisfaction that the applicant is of good
moral character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a podiatric medical school approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting organization approved by the
board, and other relevant factors.
(c) The applicant must have received a passing score on each part of the national board
examinations, parts one and two, prepared and graded by the National Board of Podiatric
Medical Examiners. The passing score for each part of the national board examinations,
parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
(d) Applicants graduating after 1986 from a podiatric medical school shall present
satisfactory to the board of the completion of (1) one year of graduate, clinical
81.11 residency or preceptorship in a program accredited by a national accrediting organization
81.12 approved by the board or (2) other graduate training that meets standards equivalent to
81.13 those of an approved national accrediting organization or school of podiatric medicine
81.14 of successful completion of a residency program approved by a national accrediting
81.15podiatric medicine organization
(e) The applicant shall appear in person before the board or its designated
representative to show that the applicant satisfies the requirements of this section,
including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
medicine. The board may establish as internal operating procedures the procedures or
requirements for the applicant's personal presentation.
(f) The applicant shall pay a fee established by the board by rule. The fee shall
not be refunded.
(g) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee. If the applicant does not satisfy the requirements of this paragraph,
the board may refuse to issue a license unless it determines that the public will be
protected through issuance of a license with conditions and limitations the board considers
(h) Upon payment of a fee as the board may require, an applicant who fails to pass
an examination and is refused a license is entitled to reexamination within one year of
the board's refusal to issue the license. No more than two reexaminations are allowed
without a new application for a license.
Sec. 26. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
81.34 Subd. 1a. Relicensure after two-year lapse of practice; reentry program. A
81.35podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
82.1practice of podiatric medicine of greater than two years must reestablish competency by
82.2completing a reentry program approved by the board.
Sec. 27. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
Subd. 2. Applicants licensed in another state.
The board shall issue a license
to practice podiatric medicine to any person currently or formerly licensed to practice
podiatric medicine in another state who satisfies the requirements of this section:
(a) The applicant shall satisfy the requirements established in subdivision 1.
(b) The applicant shall present evidence satisfactory to the board indicating the
current status of a license to practice podiatric medicine issued by the first state of
licensure and all other states and countries in which the individual has held a license.
(c) If the applicant has had a license revoked, engaged in conduct warranting
disciplinary action against the applicant's license, or been subjected to disciplinary action,
in another state, the board may refuse to issue a license unless it determines that the
public will be protected through issuance of a license with conditions or limitations the
board considers appropriate.
(d) The applicant shall submit with the license application the following additional
information for the five-year period preceding the date of filing of the application: (1) the
name and address of the applicant's professional liability insurer in the other state; and (2)
the number, date, and disposition of any podiatric medical malpractice settlement or award
made to the plaintiff relating to the quality of podiatric medical treatment.
(e) If the license is active, the applicant shall submit with the license application
evidence of compliance with the continuing education requirements in the current state of
(f) If the license is inactive, the applicant shall submit with the license application
evidence of participation in
number of hours of acceptable continuing
education required for biennial renewal, as specified under Minnesota Rules, up to five
years. If the license has been inactive for more than two years, the amount of acceptable
continuing education required must be obtained during the two years immediately before
application or the applicant must provide other evidence as the board may reasonably
Sec. 28. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
Subd. 3. Temporary permit.
Upon payment of a fee and in accordance with the
rules of the board, the board may issue a temporary permit to practice podiatric medicine
to a podiatrist engaged in a clinical residency
or preceptorship for a period not to exceed
83.2 12 months. A temporary permit may be extended under the following conditions:
83.3 (1) the applicant submits acceptable evidence that the training was interrupted by
83.4 circumstances beyond the control of the applicant and that the sponsor of the program
83.5 agrees to the extension;
83.6 (2) the applicant is continuing in a residency that extends for more than one year; or
83.7 (3) the applicant is continuing in a residency that extends for more than two years.
83.8 approved by a national accrediting organization. The temporary permit is renewed
83.9annually until the residency training requirements are completed or until the residency
83.10program is terminated or discontinued.
Sec. 29. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
83.13 Subd. 4. Continuing education. (a) Every podiatrist licensed to practice in this
83.14state shall obtain 40 clock hours of continuing education in each two-year cycle of license
83.15renewal. All continuing education hours must be earned by verified attendance at or
83.16participation in a program or course sponsored by the Council on Podiatric Medical
83.17Education or approved by the board. In each two-year cycle, a maximum of eight hours of
83.18continuing education credits may be obtained through participation in online courses.
83.19(b) The number of continuing education hours required during the initial licensure
83.20period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
83.21ratio of the number of days the license is held in the initial licensure period to 730 days.
Sec. 30. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
83.24 Subd. 5. Employer mandatory reporting. (a) An employer of a person regulated
83.25by a health-related licensing board, and a health care institution or other organization
83.26where the regulated person is engaged in providing services, must report to the appropriate
83.27licensing board that a regulated person has diverted narcotics or other controlled
83.28substances in violation of state or federal narcotics or controlled substance law if:
83.29(1) the employer, health care institution, or organization making the report has
83.30knowledge of the diversion; and
83.31(2) the regulated person has diverted narcotics or other controlled substances
83.32from the reporting employer, health care institution, or organization, or at the reporting
83.33institution or organization.
83.34(b) The requirement to report under this subdivision does not apply if:
84.1(1) the regulated person is self-employed;
84.2(2) the knowledge was obtained in the course of a professional-patient relationship
84.3and the patient is regulated by the health-related licensing board; or
84.4(3) knowledge of the diversion first becomes known to the employer, health care
84.5institution, or other organization, either from (i) an individual who is serving as a work
84.6site monitor approved by the health professional services program for the regulated
84.7person who has self-reported to the health professional services program, and who
84.8has returned to work pursuant to a health professional services program participation
84.9agreement and monitoring plan; or (ii) the regulated person who has self-reported to the
84.10health professional services program and who has returned to work pursuant to the health
84.11professional services program participation agreement and monitoring plan.
84.12(c) Complying with subdivision 1 does not waive the requirement to report under
Sec. 31. REPEALER.
84.15(a) Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision
84.162; and 148.7813, are repealed.
84.17(b) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed.
84.18(c) Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are
84.20EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.
84.22CHEMICAL AND MENTAL HEALTH
Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
Subd. 6a. Adult foster care homes serving people with mental illness;
(a) The commissioner of human services shall issue a mental health
certification for adult foster care homes licensed under this chapter and Minnesota Rules,
parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of
illness where the home is not the primary residence of the license holder when a provider
is determined to have met the requirements under paragraph (b). This certification is
voluntary for license holders. The certification shall be printed on the license, and
identified on the commissioner's public Web site.
(b) The requirements for certification are:
(1) all staff working in the adult foster care home have received at least seven hours
of annual training under paragraph (c)
covering all of the following topics:
(i) mental health diagnoses;
(ii) mental health crisis response and de-escalation techniques;
(iii) recovery from mental illness;
(iv) treatment options including evidence-based practices;
(v) medications and their side effects;
(vi) suicide intervention, identifying suicide warning signs, and appropriate
co-occurring substance abuse and health conditions; and
(2) a mental health professional, as defined in section
245.462, subdivision 18
a mental health practitioner as defined in section
245.462, subdivision 17
, are available
for consultation and assistance;
(3) there is a
protocol in place to address a mental health crisis; and
(4) there is a crisis plan for
individual's Individual Placement Agreement
85.17 individual that
identifies who is providing clinical services and their contact information,
and includes an individual crisis prevention and management plan developed with the
85.20(c) The training curriculum must be approved by the commissioner of human
85.21services and must include a testing component after training is completed. Training must
85.22be provided by a mental health professional or a mental health practitioner. Training may
85.23also be provided by an individual living with a mental illness or a family member of such
85.24an individual, who is from a nonprofit organization with a history of providing educational
85.25classes on mental illnesses approved by the Department of Human Services to deliver
85.26mental health training. Staff must receive three hours of training in the areas specified in
85.27paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The
85.28remaining hours of mandatory training, including a review of the information in paragraph
85.29(b), clause (1), item (ii), must be completed within six months of the hire date. For
85.30programs licensed under chapter 245D, training under this section may be incorporated
85.31into the 30 hours of staff orientation required under section 245D.09, subdivision 4.
License holders seeking certification under this subdivision must request
this certification on forms provided by the commissioner and must submit the request to
the county licensing agency in which the home is located. The county licensing agency
must forward the request to the commissioner with a county recommendation regarding
whether the commissioner should issue the certification.
Ongoing compliance with the certification requirements under paragraph (b)
shall be reviewed by the county licensing agency at each licensing review. When a county
licensing agency determines that the requirements of paragraph (b) are not met, the county
shall inform the commissioner, and the commissioner will remove the certification.
A denial of the certification or the removal of the certification based on a
determination that the requirements under paragraph (b) have not been met by the adult
foster care license holder are not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request certification when
the license holder is in compliance with the requirements of paragraph (b).
Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
86.11245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
(a) The commissioner of human services shall issue a mental health certification
for services licensed under this chapter when a license holder is determined to have met
the requirements under section 245A.03, subdivision 6a,
paragraph (b). This certification
is voluntary for license holders. The certification shall be printed on the license and
identified on the commissioner's public Web site.
(b) The requirements for certification are:
86.18 (1) all staff have received at least seven hours of annual training covering all of
86.19 the following topics:
86.20 (i) mental health diagnoses;
86.21 (ii) mental health crisis response and de-escalation techniques;
86.22 (iii) recovery from mental illness;
86.23 (iv) treatment options, including evidence-based practices;
86.24 (v) medications and their side effects;
86.25 (vi) co-occurring substance abuse and health conditions; and
86.26 (vii) community resources;
86.27 (2) a mental health professional, as defined in section
245.462, subdivision 18 , or a
86.28 mental health practitioner as defined in section
245.462, subdivision 17 , is available
86.29 for consultation and assistance;
86.30 (3) there is a plan and protocol in place to address a mental health crisis; and
86.31 (4) each person's individual service and support plan identifies who is providing
86.32 clinical services and their contact information, and includes an individual crisis prevention
86.33 and management plan developed with the person.
86.34 (c) (b)
License holders seeking certification under this section must request this
certification on forms and in the manner prescribed by the commissioner.
If the commissioner finds that the license holder has failed to comply with
the certification requirements under section 245A.03, subdivision 6a,
the commissioner may issue a correction order and an order of conditional license in
accordance with section
or may issue a sanction in accordance with section
, including and up to removal of the certification.
A denial of the certification or the removal of the certification based on a
determination that the requirements under section 245A.03, subdivision 6a,
have not been met is not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request certification when
the license holder is in compliance with the requirements of section 245A.03, subdivision
Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
Subd. 2. Administration without judicial review.
Neuroleptic medications may be
administered without judicial review in the following circumstances:
(1) the patient has the capacity to make an informed decision under subdivision 4;
(2) the patient does not have the present capacity to consent to the administration
of neuroleptic medication, but prepared a health care directive under chapter 145C or a
declaration under section
253B.03, subdivision 6d
, requesting treatment or authorizing an
agent or proxy to request treatment, and the agent or proxy has requested the treatment;
(3) the patient has been prescribed neuroleptic medication prior to admission to a
87.21treatment facility, but lacks the capacity to consent to the administration of that neuroleptic
87.22medication; continued administration of the medication is in the patient's best interest;
87.23and the patient does not refuse administration of the medication. In this situation, the
87.24previously prescribed neuroleptic medication may be continued for up to 14 days while
87.25the treating physician:
87.26(i) is obtaining a substitute decision-maker appointed by the court under subdivision
87.28(ii) is requesting an amendment to a current court order authorizing administration
87.29of neuroleptic medication;
a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
the substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.
Sec. 4. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
88.3 Subd. 8. Culturally specific program. (a) "Culturally specific program" means a
88.4substance use disorder treatment service program that is recovery-focused and culturally
88.5specific when the program:
88.6(1) improves service quality to and outcomes of a specific population by advancing
88.7health equity to help eliminate health disparities; and
88.8(2) ensures effective, equitable, comprehensive, and respectful quality care services
88.9that are responsive to an individual within a specific population's values, beliefs and
88.10practices, health literacy, preferred language, and other communication needs.
88.11(b) A tribally licensed substance use disorder program that is designated as serving
88.12a culturally specific population by the applicable tribal government is deemed to satisfy
Sec. 5. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
Subd. 5. Rate requirements.
(a) The commissioner shall establish rates for
chemical dependency services and service enhancements funded under this chapter.
(b) Eligible chemical dependency treatment services include:
(1) outpatient treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license;
(2) medication-assisted therapy services that are licensed according to Minnesota
Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
(3) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (2) and provide nine hours of clinical services each week;
(4) high, medium, and low intensity residential treatment services that are licensed
according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
tribal license which provide, respectively, 30, 15, and five hours of clinical services each
(5) hospital-based treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
(6) adolescent treatment programs that are licensed as outpatient treatment programs
according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
(7) room and board facilities that meet the requirements of section
(c) The commissioner shall establish higher rates for programs that meet the
requirements of paragraph (b) and the following additional requirements:
(1) programs that serve parents with their children if the program meets the
additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child
care that meets the requirements of section
245A.03, subdivision 2
, during hours of
(2) culturally specific
serving special populations as defined in section
89.8254B.01, subdivision 8,
if the program meets the requirements in Minnesota Rules, part
9530.6605, subpart 13;
(3) programs that offer medical services delivered by appropriately credentialed
health care staff in an amount equal to two hours per client per week; and
(4) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:
(i) the program meets the co-occurring requirements in Minnesota Rules, part
(ii) 25 percent of the counseling staff are mental health professionals, as defined in
245.462, subdivision 18
, clauses (1) to (6), or are students or licensing candidates
under the supervision of a licensed alcohol and drug counselor supervisor and licensed
mental health professional, except that no more than 50 percent of the mental health staff
may be students or licensing candidates;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a
monthly review for each client;
(v) family education is offered that addresses mental health and substance abuse
disorders and the interaction between the two; and
(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
(d) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause
(4), items (i) to (iv).
Sec. 6. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
Subd. 3. Juvenile treatment screening team.
(a) The responsible social services
agency shall establish a juvenile treatment screening team to conduct screenings and
prepare case plans under this chapter, chapter 260D, and section
, subdivision 3.
Screenings shall be conducted within 15 days of a request for a screening, provided that if
90.2the screening is for the purpose of placement in mental health residential treatment and the
90.3child is enrolled in a prepaid health program under section 256B.69, the screening must
90.4be conducted within ten working days of a request
. The team, which may be the team
constituted under section
or Minnesota Rules, parts 9530.6600
to 9530.6655, shall consist of social workers, juvenile justice professionals, persons
with expertise in the treatment of juveniles who are emotionally disabled, chemically
dependent, or have a developmental disability, and the child's parent, guardian, or
permanent legal custodian under Minnesota Statutes 2010, section
, or section
260C.515, subdivision 4
. The team may be the same team as defined in
260B.157, subdivision 3
(b) The social services agency shall determine whether a child brought to its
attention for the purposes described in this section is an Indian child, as defined in section
90.14260C.007, subdivision 21
, and shall determine the identity of the Indian child's tribe, as
defined in section
260.755, subdivision 9
. When a child to be evaluated is an Indian child,
the team provided in paragraph (a) shall include a designated representative of the Indian
child's tribe, unless the child's tribal authority declines to appoint a representative. The
Indian child's tribe may delegate its authority to represent the child to any other federally
recognized Indian tribe, as defined in section
260.755, subdivision 12
(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
(1) for the primary purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency in a residential treatment facility out
of state or in one which is within the state and licensed by the commissioner of human
services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall ascertain whether the child is an Indian child and shall
notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
child's tribe. The county's juvenile treatment screening team must either: (i) screen and
evaluate the child and file its recommendations with the court within 14 days of receipt
of the notice; or (ii) elect not to screen a given case and notify the court of that decision
within three working days.
(d) The child may not be placed for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or chemical dependency, in a residential
treatment facility out of state nor in a residential treatment facility within the state that is
licensed under chapter 245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency requires the placement
of the child in a facility within the state;
(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it
will be of therapeutic value to the child; or
(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically
to the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
(e) When the county's juvenile treatment screening team has elected to screen and
evaluate a child determined to be an Indian child, the team shall provide notice to the
tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
member of the tribe or as a person eligible for membership in the tribe, and permit the
tribe's representative to participate in the screening team.
(f) When the Indian child's tribe or tribal health care services provider or Indian
Health Services provider proposes to place a child for the primary purpose of treatment
for an emotional disturbance, a developmental disability, or co-occurring emotional
disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
the child's tribe shall submit necessary documentation to the county juvenile treatment
screening team, which must invite the Indian child's tribe to designate a representative to
the screening team.
Sec. 7. PILOT PROGRAM; NOTICE AND INFORMATION TO
91.26COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
91.27COMMITTED TO COMMISSIONER.
91.28The commissioner of human services may create a pilot program that is designed to
91.29respond to issues raised in the February 2013 Office of the Legislative Auditor report on
91.30state-operated services. The pilot program may include no more than three counties to
91.31test the efficacy of providing notice and information to the commissioner when a petition
91.32is filed to commit a patient exclusively to the commissioner. The commissioner shall
91.33provide a status update to the chairs and ranking minority members of the legislative
91.34committees with jurisdiction over civil commitment and human services issues, no later
91.35than January 15, 2015.
Section 1. Minnesota Statutes 2012, section 144.413, subdivision 4, is amended to read:
Subd. 4. Smoking.
"Smoking" means inhaling or exhaling smoke or vapor
any lighted or heated
cigar, cigarette, pipe, or any other lighted or heated
plant product or electronic delivery device, as defined in section 609.685
. Smoking also
a lighted or heated
cigar, cigarette, pipe, or any other lighted or
tobacco or plant product or electronic delivery device
intended for inhalation.
Sec. 2. Minnesota Statutes 2012, section 144.4165, is amended to read:
92.10144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
product, or inhale or exhale vapor from an electronic delivery device,
in a public school,
as defined in section
120A.05, subdivisions 9, 11, and 13
. This prohibition extends to all
facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
purposes of this section, an Indian is a person who is a member of an Indian tribe as
defined in section
260.755 subdivision 12
Sec. 3. [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION
92.21Notwithstanding any practice to the contrary, in an emergency situation or in the
92.22case of lost glasses, an optometrist or physician may authorize a new pair of prescription
92.23eyeglasses using the prescription from the old lenses or the last prescription available.
Sec. 4. [151.71] MAXIMUM ALLOWABLE COST PRICING.
92.25 Subdivision 1. Definition. (a) For purposes of this section, the following definitions
92.27(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision
92.29(c) "Pharmacy benefit manager" means an entity doing business in this state that
92.30contracts to administer or manage prescription drug benefits on behalf of any health plan
92.31company that provides prescription drug benefits to residents of this state.
93.1 Subd. 2. Pharmacy benefit manager contracts with pharmacies; maximum
93.2allowable cost pricing. (a) In each contract between a pharmacy benefit manager and
93.3a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit
93.4manager a current list of the sources used to determine maximum allowable cost pricing.
93.5The pharmacy benefit manager shall update the pricing information at least every seven
93.6business days and provide a means by which contracted pharmacies may promptly review
93.7current prices in an electronic, print, or telephonic format within one business day at no
93.8cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate
93.9products from the list of drugs subject to maximum allowable cost pricing in a timely
93.10manner in order to remain consistent with changes in the marketplace.
93.11(b) In order to place a prescription drug on a maximum allowable cost list, a
93.12pharmacy benefit manager shall ensure that the drug is generally available for purchase by
93.13pharmacies in this state from a national or regional wholesaler and is not obsolete.
93.14(c) Each contract between a pharmacy benefit manager and a pharmacy must include
93.15a process to appeal, investigate, and resolve disputes regarding maximum allowable cost
93.16pricing that includes:
93.17(1) a 15-business day limit on the right to appeal following the initial claim;
93.18(2) a requirement that the appeal be investigated and resolved within seven business
93.19days after the appeal is received; and
93.20(3) a requirement that a pharmacy benefit manager provide a reason for any appeal
93.21denial and identify the national drug code of a drug that may be purchased by the
93.22pharmacy at a price at or below the maximum allowable cost price as determined by
93.23the pharmacy benefit manager.
93.24(d) If an appeal is upheld, the pharmacy benefit manager shall make an adjustment
93.25to the maximum allowable cost price no later than one business day after the date of
93.26determination. The pharmacy benefit manager shall make the price adjustment applicable
93.27to all similarly situated network pharmacy providers as defined by the plan sponsor.
93.28EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
amended to read:
Subd. 2. Membership terms, compensation, removal and expiration.
membership of this council shall be composed of 17 persons who are American Indians
and who are appointed by the commissioner. The commissioner shall appoint one
representative from each of the following groups: Red Lake Band of Chippewa Indians;
Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
and two representatives from the Minneapolis Urban Indian Community and two from the
St. Paul Urban Indian Community. The terms, compensation, and removal of American
Indian Advisory Council members shall be as provided in section
94.9section 15.059, subdivision 5,
expires June 30, 2014 does not expire
94.10EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
94.12254A.04 CITIZENS ADVISORY COUNCIL.
There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
advise the Department of Human Services concerning the problems of alcohol and
other drug dependency and abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency and abuse;
and five members whose interests or training are in the field of dependency and abuse of
drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section
. Notwithstanding section 15.059, subdivision 5,
expires June 30, 2014 does not expire
. The commissioner of human services shall appoint
members whose terms end in even-numbered years. The commissioner of health shall
appoint members whose terms end in odd-numbered years.
94.23EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1, is
amended to read:
Subdivision 1. State traumatic brain injury program. (a)
of human services shall:
(1) maintain a statewide traumatic brain injury program;
(2) supervise and coordinate services and policies for persons with traumatic brain
(3) contract with qualified agencies or employ staff to provide statewide
administrative case management and consultation;
(4) maintain an advisory committee to provide recommendations in reports to the
commissioner regarding program and service needs of persons with brain injuries;
(5) investigate the need for the development of rules or statutes for the brain injury
home and community-based services waiver; and
(6) investigate present and potential models of service coordination which can be
delivered at the local level
95.7 (7) (b)
The advisory committee required by paragraph (a),
of no fewer than ten members and no more than 30 members. The commissioner shall
appoint all advisory committee members to one- or two-year terms and appoint one
member as chair. Notwithstanding section
15.059, subdivision 5
, the advisory committee
terminate until June 30, 2014 expire
95.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
amended to read:
Subd. 2. Expiration.
15.059, subdivision 5
, the American
Indian Child Welfare Advisory Council
expires June 30, 2014 does not expire
95.17EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 325H.05, is amended to read:
95.19325H.05 POSTED WARNING REQUIRED.
(a) The facility owner or operator shall conspicuously post the warning
(b) and (c)
within three feet of each tanning station.
The sign must be clearly visible, not obstructed by any barrier, equipment, or other object,
and must be posted so that it can be easily viewed by the consumer before energizing the
(b) The warning sign required in paragraph (a) shall have dimensions not less than
eight inches by ten inches, and must have the following wording:
"DANGER - ULTRAVIOLET RADIATION
-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
injury and allergic reactions. Repeated exposure may cause premature aging
of the skin and skin cancer.
-Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are
using medications or have a history of skin problems or believe yourself to be
especially sensitive to sunlight."
96.6(c) All tanning facilities must prominently display a sign in a conspicuous place,
96.7at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
96.8person under age 18 to use any tanning equipment.
Sec. 10. [325H.085] USE BY MINORS PROHIBITED.
96.10A person under age 18 may not use any type of tanning equipment as defined by
96.11section 325H.01, subdivision 6, available in a tanning facility in this state.
Sec. 11. Minnesota Statutes 2012, section 325H.09, is amended to read:
Any person who leases tanning equipment or who owns a tanning facility and who
operates or permits the equipment or facility to be operated in noncompliance with the
requirements of sections
is guilty of a petty misdemeanor
96.17 and shall be subject to a penalty of not less than $150 for the first violation and not more
96.18than $300 for each subsequent violation
Sec. 12. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
Subd. 2. Selection of members, terms, vacancies.
Except in counties which
contain a city of the first class and counties having a poor and hospital commission, the
local social services agency shall consist of seven members, including the board of county
commissioners, to be selected as herein provided; two members, one of whom shall be
a woman, shall be appointed by the
commissioner of human services board of county
, one each year for a full term of two years, from a list of residents
96.26 by the board of county commissioners
. As each term expires or a vacancy occurs by reason
of death or resignation,
a successor shall be appointed by the
commissioner of human
96.28 services board of county commissioners
for the full term of two years or the balance of any
unexpired term from a list of one or more, not to exceed three residents
submitted by the
96.30 board of county commissioners
. The board of county commissioners may, by resolution
adopted by a majority of the board, determine that only three of their members shall be
members of the local social services agency, in which event the local social services agency
shall consist of five members instead of seven. When a vacancy occurs on the local social
services agency by reason of the death, resignation, or expiration of the term of office of a
member of the board of county commissioners, the unexpired term of such member shall
be filled by appointment by the county commissioners. Except to fill a vacancy the term
of office of each member of the local social services agency shall commence on the first
Thursday after the first Monday in July, and continue until the expiration of the term
for which such member was appointed or until a successor is appointed and qualifies.
If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
97.8 or more nominees to the commissioner of human services for appointment to the local
97.9 social services agency by the commissioner of human services, as herein provided, or to
97.10 appoint the three members to the local social services agency, as herein provided, by the
97.11 time when the terms of such members commence, or, in the event of vacancies, for a
97.12 period of 30 days thereafter, the commissioner of human services is hereby empowered
97.13 to and shall forthwith appoint residents of the county to the local social services agency.
97.14 The commissioner of human services, on refusing to appoint a nominee from the list of
97.15 nominees submitted by the board of county commissioners, shall notify the county board
97.16 of such refusal. The county board shall thereupon nominate additional nominees. Before
97.17 the commissioner of human services shall fill any vacancy hereunder resulting from the
97.18 failure or refusal of the board of county commissioners of any county to act, as required
97.19 herein, the commissioner of human services shall mail 15 days' written notice to the board
97.20 of county commissioners of its intention to fill such vacancy or vacancies unless the board
97.21 of county commissioners shall act before the expiration of the 15-day period.
Sec. 13. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
Subd. 7. Joint exercise of powers.
Notwithstanding the provisions of subdivision 1
two or more counties may by resolution of their respective boards of county commissioners,
agree to combine the functions of their separate local social services agency into one local
social services agency to serve the two or more counties that enter into the agreement.
Such agreement may be for a definite term or until terminated in accordance with its terms.
When two or more counties have agreed to combine the functions of their separate local
social services agency, a single local social services agency in lieu of existing individual
local social services agency shall be established to direct the activities of the combined
agency. This agency shall have the same powers, duties and functions as an individual local
social services agency. The single local social services agency shall have representation
from each of the participating counties with selection of the members to be as follows:
(a) Each board of county commissioners entering into the agreement shall on an
annual basis select one or two of its members to serve on the single local social services
(b) Each board of county commissioners entering into the agreement shall
98.5 accordance with procedures established by the commissioner of human services, submit a
98.6 list of names of three county residents, who shall not be county commissioners, to the
98.7 commissioner of human services. The commissioner shall
person from each
98.8 county list county resident who is not a county commissioner
to serve as a local social
services agency member.
(c) The composition of the agency may be determined by the boards of county
commissioners entering into the agreement providing that no less than one-third of the
members are appointed as provided in clause (b).
Sec. 14. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
98.15 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
98.16have the meanings given them.
98.17(b) "Automatic external defibrillator" or "AED" means an electronic device designed
98.18and manufactured to operate automatically or semiautomatically for the purpose of
98.19delivering an electrical current to the heart of a person in sudden cardiac arrest.
98.20(c) "AED registry" means a registry of AEDs that requires a maintenance program
98.21or package, and includes, but is not limited to: the Minnesota AED Registry, the National
98.22AED Registry, iRescU, or a manufacturer-specific program.
98.23(d) "Public Access AED" means an AED that is intended, by its markings or display,
98.24to be used or accessed by the public for the benefit of the general public that may be in the
98.25vicinity or location of that AED. It does not include an AED that is owned or used by a
98.26hospital, clinic, business, or organization that is intended to be used by staff and is not
98.27marked or displayed in a manner to encourage public access.
98.28(e) "Maintenance program or package" means a program that will alert the AED
98.29owner when the AED has electrodes and batteries due to expire or replaces those expiring
98.30electrodes and batteries for the AED owner.
98.31(f) "Public safety agency" means local law enforcement, county sheriff, municipal
98.32police, tribal agencies, state law enforcement, fire departments, including municipal
98.33departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
98.34and licensed ambulance services.
99.1(g) "Mobile AED" means an AED that (1) is purchased with the intent of being located
99.2in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
99.3placed in stationary storage, including, but not limited to, an AED used at an athletic event.
99.4(h) "Private Use AED" means an AED that is not intended to be used or accessed by
99.5the public for the benefit of the general public. This may include, but is not limited to,
99.6AEDs found in private residences.
99.7 Subd. 2. Registration. A person who purchases or obtains a Public Access AED
99.8shall register that device with an AED registry within 30 working days of receiving the
99.10 Subd. 3. Required information. A person registering a Public Access AED shall
99.11provide the following information for each AED:
99.12(1) AED manufacturer, model, and serial number;
99.13(2) specific location where the AED will be kept; and
99.14(3) the title, address, and telephone number of a person in management at the
99.15business or organization where the AED is located.
99.16 Subd. 4. Information changes. The owner of a Public Access AED shall notify the
99.17owner's AED registry of any changes in the information that is required in the registration
99.18within 30 working days of the change occurring.
99.19 Subd. 5. Public Access AED requirements. A Public Access AED:
99.20(1) may be inspected during regular business hours by a public safety agency with
99.21jurisdiction over the location of the AED;
99.22(2) must be kept in the location specified in the registration; and
99.23(3) must be reasonably maintained, including replacement of dead batteries and
99.24pads/electrodes, and comply with all manufacturer's recall and safety notices.
99.25 Subd. 6. Removal of AED. An authorized agent of a public safety agency with
99.26jurisdiction over the location of the AED may direct the owner of a Public Access AED to
99.27comply with this section. The authorized agent of the public safety agency may direct
99.28the owner of the AED to remove the AED from its public access location and to remove
99.29or cover any public signs relating to that AED if it is determined that the AED is not
99.30ready for immediate use.
99.31 Subd. 7. Private Use AEDs. The owner of a Private Use AED is not subject to the
99.32requirements of this section but is encouraged to maintain the AED in a consistent manner.
99.33 Subd. 8. Mobile AEDs. The owner of a Mobile AED is not subject to the
99.34requirements of this section but is encouraged to maintain the AED in a consistent manner.
99.35 Subd. 9. Signs. A person acquiring a Public Use AED is encouraged but is not
99.36required to post signs bearing the universal AED symbol in order to increase the ease of
100.1access by the public to the AED in the event of an emergency. A person may not post any
100.2AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
100.3any AED signs by an authorized agent of a public safety agency.
100.4 Subd. 10. Emergency response plans. The owner of one or more Public Access
100.5AEDs shall develop an emergency response plan appropriate for the nature of the facility
100.6the AED is intended to serve.
100.7 Subd. 11. Civil or criminal liability. This section does not create any civil liability
100.8on the part of an AED owner or preclude civil liability under other law. Section 645.241
100.9does not apply to this section.
100.10EFFECTIVE DATE.This section is effective August 1, 2014.
Sec. 15. Minnesota Statutes 2012, section 461.12, is amended to read:
TOBACCO LICENSE OF TOBACCO,
100.13TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
Subdivision 1. Authorization.
A town board or the governing body of a home
rule charter or statutory city may license and regulate the retail sale of tobacco
tobacco-related devices, and electronic delivery devices
as defined in section
, and nicotine and lobelia delivery products as described in section 609.6855,
and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
The county board shall license and regulate the sale of tobacco
devices, electronic delivery devices, and nicotine and lobelia products
territory of the county except on the State Fairgrounds and in a town or a home rule charter
or statutory city if the town or city does not license and regulate retail sales of
sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
. The State Agricultural Society shall license and regulate the sale of
tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
on the State Fairgrounds. Retail establishments licensed by a town or
city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
100.28lobelia delivery products
are not required to obtain a second license for the same location
under the licensing ordinance of the county.
Subd. 2. Administrative penalties; licensees.
If a licensee or employee of a
licensee sells tobacco
tobacco-related devices, electronic delivery devices, or nicotine
100.32or lobelia delivery products
to a person under the age of 18 years, or violates any other
provision of this chapter, the licensee shall be charged an administrative penalty of $75.
An administrative penalty of $200 must be imposed for a second violation at the same
location within 24 months after the initial violation. For a third violation at the same
location within 24 months after the initial violation, an administrative penalty of $250
must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
101.4electronic delivery devices, or nicotine or lobelia delivery products
at that location must be
suspended for not less than seven days. No suspension or penalty may take effect until the
licensee has received notice, served personally or by mail, of the alleged violation and an
opportunity for a hearing before a person authorized by the licensing authority to conduct
the hearing. A decision that a violation has occurred must be in writing.
Subd. 3. Administrative penalty; individuals.
An individual who sells tobacco
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
to a person under the age of 18 years must be charged an administrative penalty
of $50. No penalty may be imposed until the individual has received notice, served
personally or by mail, of the alleged violation and an opportunity for a hearing before a
person authorized by the licensing authority to conduct the hearing. A decision that a
violation has occurred must be in writing.
Subd. 4. Minors.
The licensing authority shall consult with interested educators,
parents, children, and representatives of the court system to develop alternative penalties
for minors who purchase, possess, and consume tobacco
101.19electronic delivery devices, or nicotine or lobelia delivery products
. The licensing
authority and the interested persons shall consider a variety of options, including, but
not limited to, tobacco free education programs, notice to schools, parents, community
service, and other court diversion programs.
Subd. 5. Compliance checks.
A licensing authority shall conduct unannounced
compliance checks at least once each calendar year at each location where tobacco
101.25tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
sold to test compliance with
609.685 and 609.6855
checks must involve minors over the age of 15, but under the age of 18, who, with the prior
written consent of a parent or guardian, attempt to purchase tobacco
devices, electronic delivery devices, or nicotine or lobelia delivery products
direct supervision of a law enforcement officer or an employee of the licensing authority.
Subd. 6. Defense.
It is an affirmative defense to the charge of selling tobacco
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
to a person under the age of 18 years in violation of subdivision 2 or 3 that the
licensee or individual making the sale relied in good faith upon proof of age as described
340A.503, subdivision 6
Subd. 7. Judicial review.
Any person aggrieved by a decision under subdivision
2 or 3 may have the decision reviewed in the district court in the same manner and
procedure as provided in section
Subd. 8. Notice to commissioner.
The licensing authority under this section shall,
within 30 days of the issuance of a license, inform the commissioner of revenue of the
licensee's name, address, trade name, and the effective and expiration dates of the license.
The commissioner of revenue must also be informed of a license renewal, transfer,
cancellation, suspension, or revocation during the license period.
Sec. 16. Minnesota Statutes 2012, section 461.18, is amended to read:
102.10461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
Subdivision 1. Except in adult-only facilities.
(a) No person shall offer for sale
tobacco or tobacco-related devices, or electronic delivery devices
as defined in section
102.13609.685, subdivision 1
, or nicotine or lobelia delivery products as described in section
in open displays which are accessible to the public without the intervention
of a store employee.
(b) [Expired August 28, 1997]
(d) This subdivision shall not apply to retail stores which derive at least 90 percent
of their revenue from tobacco and tobacco-related
and where the retailer
ensures that no person younger than 18 years of age is present, or permitted to enter, at
Subd. 2. Vending machine sales prohibited.
No person shall sell tobacco products,
102.23electronic delivery devices, or nicotine or lobelia delivery products
machines. This subdivision does not apply to vending machines in facilities that cannot be
entered at any time by persons younger than 18 years of age.
Subd. 3. Federal regulations for cartons, multipacks.
Code of Federal
Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
and other multipack units.
Sec. 17. Minnesota Statutes 2012, section 461.19, is amended to read:
102.30461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
do not preempt a local ordinance that provides for more
restrictive regulation of sales of
sales, tobacco-related devices, electronic delivery
102.33devices, and nicotine and lobelia products
. A governing body shall give notice of its
intention to consider adoption or substantial amendment of any local ordinance required
or permitted under this section. The governing body shall take
reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
known address of each licensee or person required to hold a license under section
The notice shall state the time, place, and date of the meeting and the subject matter of
the proposed ordinance.
Sec. 18. Minnesota Statutes 2012, section 609.685, is amended to read:
103.7609.685 SALE OF TOBACCO TO CHILDREN.
Subdivision 1. Definitions.
For the purposes of this section, the following terms
shall have the meanings respectively ascribed to them in this section.
(a) "Tobacco" means cigarettes and any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product
; including but not limited to
stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
United States Food and Drug Administration for sale as a tobacco-
cessation product, as a
dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
103.22other devices intentionally designed or intended to be used in a manner which enables
103.23the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
103.24Tobacco-related devices include components of tobacco-related devices which may be
103.25marketed or sold separately
103.26(c) "Electronic delivery device" means any product containing or delivering nicotine,
103.27lobelia, or any other substance intended for human consumption that can be used by a
103.28person to simulate smoking in the delivery of nicotine or any other substance through
103.29inhalation of vapor from the product. Electronic delivery device includes any component
103.30part of a product, whether or not marketed or sold separately. Electronic delivery device
103.31does not include any product that has been approved or certified by the United States Food
103.32and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
103.33product, or for other medical purposes, and is marketed and sold for such an approved
Subd. 1a. Penalty to sell.
(a) Whoever sells tobacco, tobacco-related devices, or
104.2electronic delivery devices
to a person under the age of 18 years is guilty of a misdemeanor
for the first violation. Whoever violates this subdivision a subsequent time within five
years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section
340A.503, subdivision 6
Subd. 2. Other offenses.
(a) Whoever furnishes tobacco,
devices, or electronic delivery devices
to a person under the age of 18 years is guilty of a
misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
guilty of a gross misdemeanor.
(b) A person under the age of 18 years who purchases or attempts to purchase
tobacco-related devices, or electronic delivery devices
and who uses a driver's
license, permit, Minnesota identification card, or any type of false identification to
misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor.
Except as otherwise provided in subdivision 2,
whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
or tobacco related, tobacco-related
devices, or electronic delivery
and is under the age of 18 years is guilty of a petty misdemeanor.
Subd. 4. Effect on local ordinances.
Nothing in subdivisions 1 to 3 shall supersede
or preclude the continuation or adoption of any local ordinance which provides for more
stringent regulation of the subject matter in subdivisions 1 to 3.
Subd. 5. Exceptions.
(a) Notwithstanding subdivision 2, an Indian may furnish
tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
is a person who is a member of an Indian tribe as defined in section
260.755, subdivision 12
(b) The penalties in this section do not apply to a person under the age of 18 years
who purchases or attempts to purchase tobacco
tobacco-related devices, or electronic
while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.
Subd. 6. Seizure of false identification.
A retailer may seize a form of identification
listed in section
340A.503, subdivision 6
, if the retailer has reasonable grounds to believe
that the form of identification has been altered or falsified or is being used to violate any
law. A retailer that seizes a form of identification as authorized under this subdivision
shall deliver it to a law enforcement agency within 24 hours of seizing it.
Sec. 19. Minnesota Statutes 2012, section 609.6855, is amended to read:
105.2609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
Subdivision 1. Penalty to sell.
(a) Whoever sells to a person under the age of
18 years a product containing or delivering nicotine or lobelia intended for human
consumption, or any part of such a product, that is not tobacco or an electronic delivery
as defined by section
, is guilty of a misdemeanor for the first violation.
Whoever violates this subdivision a subsequent time within five years of a previous
conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section
340A.503, subdivision 6
(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco
105.14 or an electronic delivery device
as defined by section
, may be sold to persons
under the age of 18 if the product has been approved or otherwise certified for legal sale
by the United States Food and Drug Administration for tobacco use cessation, harm
reduction, or for other medical purposes, and is being marketed and sold solely for that
Subd. 2. Other offense.
A person under the age of 18 years who purchases or
attempts to purchase a product containing or delivering nicotine or lobelia intended for
human consumption, or any part of such a product, that is not tobacco or an electronic
as defined by section
, and who uses a driver's license, permit,
Minnesota identification card, or any type of false identification to misrepresent the
person's age, is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor.
Except as otherwise provided in subdivisions 1 and
2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
a product containing or delivering nicotine or lobelia intended for human consumption, or
any part of such a product, that is not tobacco or an electronic delivery device
, is guilty of a petty misdemeanor.
Sec. 20. [611A.199] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
105.31 Subdivision 1. Notice required. A hospital shall give a written notice about victim
105.32rights and available resources to a person seeking medical services in the hospital who
105.33reports to hospital staff or who evidences a sexual assault or other unwanted sexual
105.34contact or sexual penetration. The hospital shall make a good faith effort to provide
105.35this notice prior to medical treatment or the examination performed for the purpose
106.1of gathering evidence, subject to applicable federal and state laws and regulations
106.2regarding the provision of medical care, and in a manner that does not interfere with any
106.3medical screening examination or initiation of treatment necessary to stabilize a victim's
106.4emergency medical condition.
106.5 Subd. 2. Contents of notice. The commissioners of health and public safety, in
106.6consultation with sexual assault victim advocates and health care professionals, shall
106.7develop the notice required by subdivision 1. The notice must inform the victim, at a
106.9(1) the obligation under section 609.35 of the county where the criminal sexual
106.10conduct occurred to pay for the examination performed for the purpose of gathering
106.11evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
106.12to law enforcement, and that the victim may incur expenses for treatment of injuries; and
106.13(2) the victim's rights if the crime is reported to law enforcement, including the
106.14victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
106.15how to apply for reparations, and information on how to obtain an order for protection or
106.16a harassment restraining order.
Sec. 21. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to
Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT
(a) The commissioner of human services shall issue a request for information for an
integrated service delivery system for health care programs, food support, cash assistance,
and child care. The commissioner shall determine, in consultation with partners in
paragraph (c), if the products meet departments' and counties' functions. The request for
information may incorporate a performance-based vendor financing option in which the
vendor shares the risk of the project's success. The health care system must be developed
in phases with the capacity to integrate food support, cash assistance, and child care
programs as funds are available. The request for information must require that the system:
(1) streamline eligibility determinations and case processing to support statewide
(2) enable interested persons to determine eligibility for each program, and to apply
for programs online in a manner that the applicant will be asked only those questions
relevant to the programs for which the person is applying;
(3) leverage technology that has been operational in other state environments with
similar requirements; and
(4) include Web-based application, worker application processing support, and the
opportunity for expansion.
(b) The commissioner shall issue a final report, including the implementation plan,
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services no later than January 31, 2012.
(c) The commissioner shall partner with counties, a service delivery authority
established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology,
other state agencies, and service partners to develop an integrated service delivery
framework, which will simplify and streamline human services eligibility and enrollment
processes. The primary objectives for the simplification effort include significantly
improved eligibility processing productivity resulting in reduced time for eligibility
determination and enrollment, increased customer service for applicants and recipients of
services, increased program integrity, and greater administrative flexibility.
The commissioner, along with a county representative appointed by the
107.15 Association of Minnesota Counties, shall report specific implementation progress to the
107.16 legislature annually beginning May 15, 2012.
The commissioner shall work with the Minnesota Association of County Social
Service Administrators and the Office of Enterprise Technology to develop collaborative
task forces, as necessary, to support implementation of the service delivery components
under this paragraph. The commissioner must evaluate, develop, and include as part
of the integrated eligibility and enrollment service delivery framework, the following
(1) screening tools for applicants to determine potential eligibility as part of an
online application process;
(2) the capacity to use databases to electronically verify application and renewal
data as required by law;
(3) online accounts accessible by applicants and enrollees;
(4) an interactive voice response system, available statewide, that provides case
information for applicants, enrollees, and authorized third parties;
(5) an electronic document management system that provides electronic transfer of
all documents required for eligibility and enrollment processes; and
(6) a centralized customer contact center that applicants, enrollees, and authorized
third parties can use statewide to receive program information, application assistance,
and case information, report changes, make cost-sharing payments, and conduct other
eligibility and enrollment transactions.
Subject to a legislative appropriation, the commissioner of human services
shall issue a request for proposal for the appropriate phase of an integrated service delivery
system for health care programs, food support, cash assistance, and child care.
Sec. 22. REPEALER.
108.5(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
108.6(b) Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.
108.8HEALTH-RELATED LICENSING BOARDS
Section 1. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
Subdivision 1. Grounds listed.
The board may deny, revoke, suspend, limit, or
condition the license and registration of any person to practice professional, advanced
practice registered, or practical nursing under sections
, or to otherwise
discipline a licensee or applicant as described in section
. The following are
grounds for disciplinary action:
(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections
or rules of the board. In the case of a person
applying for a license, the burden of proof is upon the applicant to demonstrate the
qualifications or satisfaction of the requirements.
(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
or registration certificate to practice professional or practical nursing or attempting to
subvert the licensing examination process. Conduct that subverts or attempts to subvert
the licensing examination process includes, but is not limited to:
(i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of
any portion of a future, current, or previously administered licensing examination;
(ii) conduct that violates the standard of test administration, such as communicating
with another examinee during administration of the examination, copying another
examinee's answers, permitting another examinee to copy one's answers, or possessing
unauthorized materials; or
(iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf.
(3) Conviction of a felony or gross misdemeanor reasonably related to the practice
of professional, advanced practice registered, or practical nursing. Conviction as used in
this subdivision includes a conviction of an offense that if committed in this state would
be considered a felony or gross misdemeanor without regard to its designation elsewhere,
or a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered.
(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
against the person's professional or practical nursing license or advanced practice
registered nursing credential, in another state, territory, or country; failure to report to the
board that charges regarding the person's nursing license or other credential are pending in
another state, territory, or country; or having been refused a license or other credential by
another state, territory, or country.
(5) Failure to or inability to perform professional or practical nursing as defined in
148.171, subdivision 14
or 15, with reasonable skill and safety, including failure
of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
performance of acts by any person working at the nurse's direction.
(6) Engaging in unprofessional conduct, including, but not limited to, a departure
from or failure to conform to board rules of professional or practical nursing practice that
interpret the statutory definition of professional or practical nursing as well as provide
criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
acceptable and prevailing professional or practical nursing practice, or any nursing
practice that may create unnecessary danger to a patient's life, health, or safety. Actual
injury to a patient need not be established under this clause.
(7) Failure of an advanced practice registered nurse to practice with reasonable
skill and safety or departure from or failure to conform to standards of acceptable and
prevailing advanced practice registered nursing.
(8) Delegating or accepting the delegation of a nursing function or a prescribed
health care function when the delegation or acceptance could reasonably be expected to
result in unsafe or ineffective patient care.
(9) Actual or potential inability to practice nursing with reasonable skill and safety
to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
as a result of any mental or physical condition.
(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent jurisdiction, within or
without this state.
(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
for the health, welfare, or safety of a patient. Actual injury need not be established under
(12) Engaging in conduct with a patient that is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
(13) Obtaining money, property, or services from a patient, other than reasonable
fees for services provided to the patient, through the use of undue influence, harassment,
duress, deception, or fraud.
(14) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.
(15) Engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws.
(16) Improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections
144.298, or to furnish a patient record or report required by law.
(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
engage in the unlawful practice of professional, advanced practice registered, or practical
(18) Violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of professional, advanced practice registered, or practical
nursing, or a state or federal narcotics or controlled substance law.
(19) Knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo.
(20) Aiding suicide or aiding attempted suicide in violation of section
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section
609.215, subdivision 1
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section
609.215, subdivision 4
(iii) a copy of the record of a judgment assessing damages under section
(iv) a finding by the board that the person violated section
or 2. The board shall investigate any complaint of a violation of section
(21) Practicing outside the scope of practice authorized by section
, 10, 11, 13, 14, 15, or 21.
(22) Practicing outside the specific field of nursing practice for which an advanced
practice registered nurse is certified unless the practice is authorized under section
(23) Making a false statement or knowingly providing false information to the
board, failing to make reports as required by section
, or failing to cooperate with
an investigation of the board as required by section
(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
(25) Failure to inform the board of the person's certification status as a nurse
anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.
(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
practitioner practice, or registered nurse anesthetist practice without current certification
by a national nurse certification organization acceptable to the board, except during the
period between completion of an advanced practice registered nurse course of study and
certification, not to exceed six months or as authorized by the board.
(27) Engaging in conduct that is prohibited under section
(28) Failing to report employment to the board as required by section
, or knowingly aiding, assisting, advising, or allowing a person to fail to
report as required by section
148.211, subdivision 2a
111.18(29) Discharge from the health professionals services program as described in
111.19sections 214.31 to 214.37, or any other alternative monitoring or diversion program for
111.20reasons other than satisfactory completion of the program as set forth in the participation
Sec. 2. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision
111.24 Subd. 1a. Conviction of a felony-level criminal sexual offense. (a) Except as
111.25provided in paragraph (e), the board may not grant or renew a license to practice nursing
111.26to any person who has been convicted on or after August 1, 2014, of any of the provisions
609.342, subdivision 1,
609.343, subdivision 1,
609.344, subdivision 1,
111.28paragraphs (c) to (o), or
609.345, subdivision 1, paragraphs (c) to (o), or a similar statute
111.29in another jurisdiction.
111.30(b) A license to practice nursing is automatically revoked if the licensee is convicted
111.31of an offense listed in paragraph (a) of this section.
111.32(c) A license to practice nursing that has been denied or revoked under this
111.33subdivision is not subject to chapter 364.
111.34(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
111.35guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
112.1execution of the sentence and final disposition of the case is accomplished at a nonfelony
112.3(e) The board may establish criteria whereby an individual convicted of an offense
112.4listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
112.5(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
112.6(2) provide a standard for overcoming the presumption; and
112.7(3) require that a minimum of ten years has elapsed since the applicant's sentence
112.9The board shall not consider an application under this paragraph if the board
112.10determines that the victim involved in the offense was a patient or a client of the applicant
112.11at the time of the offense.
Sec. 3. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:
Subd. 4. Evidence.
In disciplinary actions alleging a violation of subdivision 1,
clause (3) or (4), or subdivision 1a,
a copy of the judgment or proceeding under the seal
of the court administrator or of the administrative agency that entered the same shall be
admissible into evidence without further authentication and shall constitute prima facie
evidence of the violation concerned.
Sec. 4. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to read:
Subd. 8a. Resident dentist.
"Resident dentist" means a person who is licensed to
practice dentistry as an enrolled graduate student or student of an advanced education
program accredited by the
American Dental Association
Commission on Dental
Sec. 5. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
112.24 Subdivision 1. Practice of dentistry. A person licensed to practice dentistry under
112.25sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
112.26in the administration of an influenza vaccination.
112.27 Subd. 2. Qualified dentists. (a) The influenza immunization shall be administered
112.28only to patients 19 years of age and older and only by licensed dentists who:
112.29(1) have immediate access to emergency response equipment, including but not
112.30limited to oxygen administration equipment, epinephrine, and other allergic reaction
112.31response equipment; and
113.1(2) are trained in or have successfully completed a program approved by the
113.2Minnesota Board of Dentistry, specifically for the administration of immunizations. The
113.3training or program must include:
113.4(i) educational material on the disease of influenza and vaccination as prevention
113.5of the disease;
113.6(ii) contraindications and precautions;
113.7(iii) intramuscular administration;
113.8(iv) communication of risk and benefits of influenza vaccination and legal
113.10(v) reporting of adverse events;
113.11(vi) documentation required by federal law; and
113.12(vii) storage and handling of vaccines.
113.13(b) Any dentist giving influenza vaccinations under this section shall comply
113.14with guidelines established by the federal Advisory Committee on Immunization
113.15Practices relating to vaccines and immunizations, which includes, but is not limited to,
113.16vaccine storage and handling, vaccine administration and documentation, and vaccine
113.17contraindications and precautions.
113.18 Subd. 3. Coordination of care. After a dentist qualified under subdivision 2 has
113.19administered an influenza vaccine to a patient, the dentist shall report the administration of
113.20the immunization to the Minnesota Immunization Information Connection or otherwise
113.21notify the patient's primary physician or clinic of the administration of the immunization.
113.22EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
113.23influenza immunizations performed on or after that date.
Sec. 6. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
Subdivision 1. Dentists.
A person of good moral character who has graduated from
a dental program accredited by the Commission on Dental Accreditation
of the American
113.27 Dental Association
, having submitted an application and fee as prescribed by the board,
may be examined by the board or by an agency pursuant to section
, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
college in another country must not be disqualified from examination solely because of
the applicant's foreign training if the board determines that the training is equivalent to or
higher than that provided by a dental college accredited by the Commission on Dental
of the American Dental Association
. In the case of examinations conducted
pursuant to section
150A.03, subdivision 1
, applicants shall take the examination prior to
applying to the board for licensure. The examination shall include an examination of the
applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
board. An applicant is ineligible to retake the clinical examination required by the board
after failing it twice until further education and training are obtained as specified by the
board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all other requirements of the board
shall be licensed to practice dentistry and granted a general dentist license by the board.
Sec. 7. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
Subd. 1a. Faculty dentists.
(a) Faculty members of a school of dentistry must be
licensed in order to practice dentistry as defined in section
. The board may
issue to members of the faculty of a school of dentistry a license designated as either a
"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
program directors of a Minnesota dental hygiene or dental assisting school accredited by
the Commission on Dental Accreditation
of the American Dental Association
to the board those members of the school's faculty who practice dentistry but are not
licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
defined in section
, before beginning duties in a school of dentistry or a dental
hygiene or dental assisting school, shall apply to the board for a limited or full faculty
license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
a limited faculty license must be renewed annually and a full faculty license must be
renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
for issuing and renewing the faculty license. The faculty license is valid during the time
the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
dental assisting school and subjects the holder to this chapter.
(b) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
of the American Dental Association
, a license designated as a limited
faculty license entitling the holder to practice dentistry within the school and its affiliated
teaching facilities, but only for the purposes of teaching or conducting research. The
practice of dentistry at a school facility for purposes other than teaching or research is not
allowed unless the dentist was a faculty member on August 1, 1993.
(c) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
of the American Dental Association
a license designated as a full faculty
license entitling the holder to practice dentistry within the school and its affiliated teaching
facilities and elsewhere if the holder of the license is employed 50 percent time or more by
the school in the practice of teaching or research, and upon successful review by the board
of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
The board, at its discretion, may waive specific licensing prerequisites.
Sec. 8. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
Subd. 1c. Specialty dentists.
(a) The board may grant
a one or more
in the specialty areas of dentistry that are recognized by the
115.9 Dental Association Commission on Dental Accreditation
(b) An applicant for a specialty license shall:
(1) have successfully completed a postdoctoral specialty
accredited by the Commission on Dental Accreditation
of the American Dental
, or have announced a limitation of practice before 1967;
(2) have been certified by a specialty
board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;
(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;
(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;
(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant for each specialty area
(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;
(7) pass all components of the National Board Dental Examinations;
(8) pass the Minnesota Board of Dentistry jurisprudence examination;
(9) abide by professional ethical conduct requirements; and
(10) meet all other requirements prescribed by the Board of Dentistry.
(c) The application must include:
(1) a completed application furnished by the board;
(2) at least two character references from two different dentists for each specialty
, one of whom must be a dentist practicing in the same specialty area, and the other
the director of
specialty program attended;
(3) a licensed physician's statement attesting to the applicant's physical and mental
(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;
(5) a nonrefundable fee; and
(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.
(d) A specialty dentist holding
a one or more
is limited to
practicing in the dentist's designated specialty area or areas
. The scope of practice must be
defined by each national specialty board recognized by the
American Dental Association
116.16 Commission on Dental Accreditation
(e) A specialty dentist holding a general
license is limited to practicing
in the dentist's designated specialty area or areas
if the dentist has announced a limitation
of practice. The scope of practice must be defined by each national specialty board
recognized by the
American Dental Association Commission on Dental Accreditation
(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area or areas
may apply for
a one or more
Sec. 9. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
Subd. 1d. Dental therapists.
A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the
American Dental Association
Commission on Dental Accreditation or another board-approved national accreditation
organization may apply for licensure.
The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
applicant who has failed the clinical examination twice is ineligible to retake the clinical
examination until further education and training are obtained as specified by the board. A
separate, nonrefundable fee may be charged for each time a person applies. An applicant
who passes the examination in compliance with subdivision 2b, abides by professional
ethical conduct requirements, and meets all the other requirements of the board shall
be licensed as a dental therapist.
Sec. 10. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
Subd. 2. Dental hygienists.
A person of good moral character, who has graduated
from a dental hygiene program accredited by the Commission on Dental Accreditation
117.10 the American Dental Association
and established in an institution accredited by an agency
recognized by the United States Department of Education to offer college-level programs,
may apply for licensure. The dental hygiene program must provide a minimum of two
academic years of dental hygiene education. The applicant must submit an application and
fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
licensed, the applicant must pass the National Board of Dental Hygiene examination and a
board approved examination designed to determine the applicant's clinical competency. In
the case of examinations conducted pursuant to section
150A.03, subdivision 1
shall take the examination before applying to the board for licensure. The applicant must
also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
the clinical examination required by the board after failing it twice until further education
and training are obtained as specified by board rule. A separate, nonrefundable fee may
be charged for each time a person applies. An applicant who passes the examination in
compliance with subdivision 2b, abides by professional ethical conduct requirements, and
meets all the other requirements of the board shall be licensed as a dental hygienist.
Sec. 11. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a. Licensed dental assistant.
A person of good moral character, who has
graduated from a dental assisting program accredited by the Commission on Dental
of the American Dental Association
, may apply for licensure. The applicant
must submit an application and fee as prescribed by the board and the diploma or
certificate of dental assisting. In the case of examinations conducted pursuant to section
117.32150A.03, subdivision 1
, applicants shall take the examination before applying to the board
for licensure. The examination shall include an examination of the applicant's knowledge
of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
ineligible to retake the licensure examination required by the board after failing it twice
until further education and training are obtained as specified by board rule. A separate,
nonrefundable fee may be charged for each time a person applies. An applicant who
passes the examination in compliance with subdivision 2b, abides by professional ethical
conduct requirements, and meets all the other requirements of the board shall be licensed
as a dental assistant.
Sec. 12. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
Subd. 2d. Continuing education and professional development waiver.
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
assistant who documents to the satisfaction of the board that the dentist, dental therapist,
dental hygienist, or licensed dental assistant has retired from active practice in the state
and limits the provision of dental care services to those offered without compensation
in a public health, community, or tribal clinic or a nonprofit organization that provides
services to the indigent or to recipients of medical assistance, general assistance medical
care, or MinnesotaCare programs.
(b) The board may require written documentation from the volunteer and retired
dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
(c) The board shall require the volunteer and retired dentist, dental therapist, dental
hygienist, or licensed dental assistant to meet the following requirements:
(1) a licensee seeking a waiver under this subdivision must complete and document
at least five hours of approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and
(2) provide documentation of current CPR certification from completion of the
American Heart Association healthcare provider course
the American Red Cross
professional rescuer course
, or an equivalent entity
Sec. 13. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
Subd. 3. Waiver of examination.
(a) All or any part of the examination for
dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
dentistry and the rules of the board, may, at the discretion of the board, be waived for an
applicant who presents a certificate of having passed all components of the National Board
Dental Examinations or evidence of having maintained an adequate scholastic standing
as determined by the board, in dental school as to dentists, or dental hygiene school as
to dental hygienists.
(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission on
of the American Dental Association
, who has passed all components
of the National Board Dental Examinations, and who has satisfactorily completed a
Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
program must be accredited by the Commission on Dental Accreditation
of the American
119.10 Dental Association
, be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require
the applicant to submit any information deemed necessary by the board to determine
whether the waiver is applicable.
The board may waive the clinical examination for an
119.14 applicant who meets the requirements of this paragraph and has satisfactorily completed an
119.15 accredited postdoctoral general dentistry residency program located outside of Minnesota.
Sec. 14. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
Subd. 8. Licensure by credentials.
(a) Any dental assistant may, upon application
and payment of a fee established by the board, apply for licensure based on an evaluation
of the applicant's education, experience, and performance record in lieu of completing a
board-approved dental assisting program for expanded functions as defined in rule, and
may be interviewed by the board to determine if the applicant:
(1) has graduated from an accredited dental assisting program accredited by the
of the American Dental Association
, or is
currently certified by the Dental Assisting National Board;
(2) is not subject to any pending or final disciplinary action in another state or
Canadian province, or if not currently certified or registered, previously had a certification
or registration in another state or Canadian province in good standing that was not subject
to any final or pending disciplinary action at the time of surrender;
(3) is of good moral character and abides by professional ethical conduct
(4) at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and
(5) has met all expanded functions curriculum equivalency requirements of a
Minnesota board-approved dental assisting program.
(b) The board, at its discretion, may waive specific licensure requirements in
(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
minimum knowledge in dental subjects required for licensure under subdivision 2a must
be licensed to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure is
denied, the board may notify the applicant of any specific remedy that the applicant could
take which, when passed, would qualify the applicant for licensure. A denial does not
prohibit the applicant from applying for licensure under subdivision 2a.
(e) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.
Sec. 15. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
Subd. 3. Initial license or permit fees.
Along with the application fee, each of the
following applicants shall submit a separate
initial license or permit fee. The
initial fee shall be established by the board
based on the number of months of the
120.17 applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a,
exceed the following
(1) dentist or full faculty dentist,
$14 times the number of months of the initial
120.20 term $168
(2) dental therapist,
$10 times the number of months of the initial term $120
(3) dental hygienist,
$5 times the number of months of the initial term $60
(4) licensed dental assistant,
$3 times the number of months of the initial term
(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
$1 times the number of months of the initial term $12
Sec. 16. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
Subd. 8. Duplicate license or certificate fee.
Each applicant shall submit, with
a request for issuance of a duplicate of the original license, or of an annual or biennial
renewal certificate for a license or permit, a fee in the following amounts:
(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
assistant license, $35;
(2) annual or biennial renewal certificates, $10
120.34(3) wallet-sized license and renewal certificate, $15.
Sec. 17. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
Subd. 16. Failure of professional development portfolio audit.
A licensee shall
121.4 submit a fee as established by the board not to exceed the amount of $250 after failing two
121.5 consecutive professional development portfolio audits and, thereafter, for each failed (a) If
121.6a licensee fails a
professional development portfolio audit under Minnesota Rules, part
3100.5300, the board is authorized to take the following actions:
121.8(1) for the first failure, the board may issue a warning to the licensee;
121.9(2) for the second failure within ten years, the board may assess a penalty of not
121.10more than $250; and
121.11(3) for any additional failures within the ten year period, the board may assess a
121.12penalty of not more than $1000
121.13(b) In addition to the penalty fee, the board may initiate the complaint process to
121.14address multiple failed audits.
Sec. 18. Minnesota Statutes 2012, section 150A.10, is amended to read:
121.16150A.10 ALLIED DENTAL PERSONNEL.
Subdivision 1. Dental hygienists.
Any licensed dentist, licensed dental therapist,
public institution, or school authority may obtain services from a licensed dental hygienist.
The licensed dental hygienist may provide those services defined in section
. The services provided shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. All services shall be provided under
supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
to be violating the provisions of sections
, and any unauthorized dental
service by a dental hygienist shall constitute a violation of sections
Subd. 1a. Limited authorization for dental hygienists.
subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization to perform dental hygiene
services described under paragraph (b) without the patient first being examined by a
licensed dentist if the dental hygienist:
(1) has been engaged in the active practice of clinical dental hygiene for not less than
2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;
(2) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist;
(3) has documented participation in courses in infection control and medical
emergencies within each continuing education cycle; and
(4) maintains current CPR certification from completion of the American Heart
Association healthcare provider course
the American Red Cross professional rescuer
, or an equivalent entity
(b) The dental hygiene services authorized to be performed by a dental hygienist
under this subdivision are limited to:
(1) oral health promotion and disease prevention education;
(2) removal of deposits and stains from the surfaces of the teeth;
(3) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
(4) polishing and smoothing restorations;
(5) removal of marginal overhangs;
(6) performance of preliminary charting;
(7) taking of radiographs; and
(8) performance of scaling and root planing.
The dental hygienist may administer injections of local anesthetic agents or nitrous
oxide inhalation analgesia as specifically delegated in the collaborative agreement with
a licensed dentist. The dentist need not first examine the patient or be present. If the
patient is considered medically compromised, the collaborative dentist shall review the
patient record, including the medical history, prior to the provision of these services.
Collaborating dental hygienists may work with unlicensed and licensed dental assistants
who may only perform duties for which licensure is not required. The performance of
dental hygiene services in a health care facility, program, or nonprofit organization as
authorized under this subdivision is limited to patients, students, and residents of the
facility, program, or organization.
(c) A collaborating dentist must be licensed under this chapter and may enter into
a collaborative agreement with no more than four dental hygienists unless otherwise
authorized by the board. The board shall develop parameters and a process for obtaining
authorization to collaborate with more than four dental hygienists. The collaborative
agreement must include:
(1) consideration for medically compromised patients and medical conditions for
which a dental evaluation and treatment plan must occur prior to the provision of dental
(2) age- and procedure-specific standard collaborative practice protocols, including
recommended intervals for the performance of dental hygiene services and a period of
time in which an examination by a dentist should occur;
(3) copies of consent to treatment form provided to the patient by the dental hygienist;
(4) specific protocols for the placement of pit and fissure sealants and requirements
for follow-up care to assure the efficacy of the sealants after application; and
(5) a procedure for creating and maintaining dental records for the patients that are
treated by the dental hygienist. This procedure must specify where these records are
to be located.
The collaborative agreement must be signed and maintained by the dentist, the dental
hygienist, and the facility, program, or organization; must be reviewed annually by the
collaborating dentist and dental hygienist; and must be made available to the board
(d) Before performing any services authorized under this subdivision, a dental
hygienist must provide the patient with a consent to treatment form which must include a
statement advising the patient that the dental hygiene services provided are not a substitute
for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
to the patient for further dental procedures, the dental hygienist must fill out a referral form
and provide a copy of the form to the collaborating dentist.
(e) For the purposes of this subdivision, a "health care facility, program, or
nonprofit organization" is limited to a hospital; nursing home; home health agency; group
home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
commissioner of human services or the commissioner of corrections; and federal, state, or
local public health facility, community clinic, tribal clinic, school authority, Head Start
program, or nonprofit organization that serves individuals who are uninsured or who are
Minnesota health care public program recipients.
(f) For purposes of this subdivision, a "collaborative agreement" means a written
agreement with a licensed dentist who authorizes and accepts responsibility for the
services performed by the dental hygienist. The services authorized under this subdivision
and the collaborative agreement may be performed without the presence of a licensed
dentist and may be performed at a location other than the usual place of practice of the
dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
specified in the collaborative agreement.
Subd. 2. Dental assistants.
Every licensed dentist and dental therapist who uses the
services of any unlicensed person for the purpose of assistance in the practice of dentistry
or dental therapy shall be responsible for the acts of such unlicensed person while engaged
in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
perform only those acts which are authorized to be delegated to unlicensed assistants
by the Board of Dentistry. The acts shall be performed under supervision of a licensed
dentist or dental therapist. A licensed dental therapist shall not supervise more than four
registered licensed or unlicensed
dental assistants at any one practice setting. The board
may permit differing levels of dental assistance based upon recognized educational
standards, approved by the board, for the training of dental assistants. The board may also
define by rule the scope of practice of licensed and unlicensed dental assistants. The
board by rule may require continuing education for differing levels of dental assistants,
as a condition to their license or authority to perform their authorized duties. Any
licensed dentist or dental therapist who permits an unlicensed assistant to perform any
dental service other than that authorized by the board shall be deemed to be enabling an
unlicensed person to practice dentistry, and commission of such an act by an unlicensed
assistant shall constitute a violation of sections
Subd. 3. Dental technicians.
Every licensed dentist and dental therapist who uses
the services of any unlicensed person, other than under the dentist's or dental therapist's
supervision and within the same practice setting, for the purpose of constructing, altering,
repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
prosthetic or other dental appliance, shall be required to furnish such unlicensed person
with a written work order in such form as shall be prescribed by the rules of the board. The
work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
file of the dentist or dental therapist at the practice setting for a period of two years, and
the original to be retained in a permanent file for a period of two years by the unlicensed
person in that person's place of business. The permanent file of work orders to be kept
by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
reasonable time by the board or its duly constituted agent.
Subd. 4. Restorative procedures.
(a) Notwithstanding subdivisions 1, 1a, and
2, a licensed dental hygienist or licensed dental assistant may perform the following
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel crowns;
(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel
124.35(5) place, contour, and adjust class II and class V supragingival composite
124.36restorations on primary teeth.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or licensed dental assistant has completed a
board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the
licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
(3) a licensed dentist or licensed advanced dental therapist has authorized the
procedure to be performed; and
(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
while the procedure is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses
specified in paragraph (b) must have prior experience teaching these procedures in an
accredited dental education program.
Sec. 19. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:
Subd. 3. Compensation.
Members of the boards may be compensated at the
125.16 rate of $55 a day spent on board activities, when authorized by the board, plus expenses
125.17 in Members of health-related licensing boards may be compensated at the rate of $75 a
125.18day spent on board activities and members of nonhealth-related licensing boards may be
125.19compensated at the rate of $55 a day spent on board activities when authorized by the
125.20board, plus expenses in
the same manner and amount as authorized by the commissioner's
plan adopted under section
43A.18, subdivision 2
. Members who, as a result of time spent
attending board meetings, incur child care expenses that would not otherwise have been
incurred, may be reimbursed for those expenses upon board authorization.
(b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are also compensated by the state or political subdivision. However,
a state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activity. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day
spent on board activities for purposes of making daily payments under this subdivision.
Sec. 20. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
126.5 Subd. 6. Duties of a participating board. Upon receiving a report from the program
126.6manager in accordance with section 214.33, subdivision 3, that a regulated person has been
126.7discharged from the program due to noncompliance based on allegations that the regulated
126.8person has engaged in conduct that might cause risk to the public, the participating board
126.9may temporarily suspend the regulated person's professional license until the completion of
126.10a disciplinary investigation. The board must complete the disciplinary investigation within
126.1160 days of receipt of the report from the program. If the investigation is not completed by
126.12the board within 60 days, the temporary suspension shall be lifted, unless the regulated
126.13person requests a delay in the disciplinary proceedings for any reason, upon which the
126.14temporary suspension shall remain in place until the completion of the investigation.
Sec. 21. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
Subd. 3. Program manager. (a)
The program manager shall report to the
appropriate participating board a regulated person who:
does not meet program admission criteria
violates the terms of the program participation agreement
leaves or is discharged from
the program except upon fulfilling the terms for
successful completion of the program as set forth in the participation agreement
126.22(4) is subject to the provisions of sections 214.17 to 214.25;
126.23(5) causes identifiable patient harm;
126.24(6) unlawfully substitutes or adulterates medications;
126.25(7) writes a prescription or causes a prescription to be dispensed in the name of a
126.26person, other than the prescriber, or veterinary patient for the personal use of the prescriber;
126.27(8) alters a prescription without the knowledge of the prescriber for the purpose of
126.28obtaining a drug for personal use;
126.29(9) unlawfully uses a controlled or mood-altering substance or uses alcohol while
126.30providing patient care or during the period of time in which the regulated person may be
126.31contacted to provide patient care or is otherwise on duty, if current use is the reason for
126.32participation in the program or the use occurs while the regulated person is participating
126.33in the program; or
127.1 The program manager shall report to the appropriate participating board a regulated
127.2 person who (10)
is alleged to have committed violations of the person's practice act that
are outside the authority of the health professionals services program as described in
The program manager shall inform any reporting person of the disposition of the
person's report to the program.
127.7EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
127.8violations that occur after the effective date.
Sec. 22. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section
626.84, subdivision 1
, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section
and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:
subdivision 2 or 3;
(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section
147.091, subdivision 1a
(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section
148.10, subdivision 7
128.6(f) This chapter does not apply to any license, registration, or permit that has
128.7been denied or revoked by the Board of Nursing in accordance with section 148.261,
This chapter does not supersede a requirement under law to conduct a
criminal history background investigation or consider criminal history records in hiring
for particular types of employment.
Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
Subdivision 1. Words, terms, and phrases.
Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of this chapter, shall be given the meanings subjoined to them.
Subd. 2. Pharmacy.
an established a
place of business in
, medicines, chemicals, and poisons
, vended, or sold to or for the use of patients by or under
128.22the supervision of a pharmacist
and from which related clinical pharmacy services are
Subd. 2a. Limited service pharmacy.
"Limited service pharmacy" means a
pharmacy that has been issued a restricted license by the board to perform a limited range
of the activities that constitute the practice of pharmacy.
Subd. 3. Pharmacist.
The term "pharmacist" means an individual with a currently
valid license issued by the Board of Pharmacy to practice pharmacy.
Subd. 5. Drug.
The term "drug" means all medicinal substances and preparations
recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, vaccines and biologicals,
and all substances and preparations intended for external
and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
humans or other animals, and all substances and preparations, other than food, intended to
affect the structure or any function of the bodies of humans or other animals. The term drug
129.1shall also mean any compound, substance, or derivative that is not approved for human
129.2consumption by the United States Food and Drug Administration or specifically permitted
129.3for human consumption under Minnesota law and, when introduced into the body, induces
129.4an effect similar to that of a Schedule I or Schedule II controlled substance listed in
129.5section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
129.6regardless of whether the substance is marketed for the purpose of human consumption.
Subd. 6. Medicine.
The term "medicine" means any remedial agent that has the
property of curing, preventing, treating, or mitigating diseases, or that is used for that
Subd. 7. Poisons.
The term "poisons" means any substance
introduced into the system, directly or by absorption, produces violent, morbid, or fatal
destroys living tissue with which it comes in contact.
Subd. 8. Chemical.
The term "chemical" means all medicinal or industrial
substances, whether simple or compound, or obtained through the process of the science
and art of chemistry, whether of organic or inorganic origin.
Subd. 9. Board or
State Board of Pharmacy.
The term "board" or "
Pharmacy" means the Minnesota
Board of Pharmacy.
Subd. 10. Director.
The term "director" means the executive
director of the
Board of Pharmacy.
Subd. 11. Person.
The term "person" means an individual, firm, partnership,
company, corporation, trustee, association, agency, or other public or private entity.
Subd. 12. Wholesale.
The term "wholesale" means and includes any sale for the
purpose of resale.
Subd. 13. Commercial purposes.
The phrase "commercial purposes" means the
ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
pharmacy, and other health care professions
Subd. 14. Manufacturing.
The term "manufacturing"
except in the case of bulk
129.28 compounding, prepackaging or extemporaneous compounding within a pharmacy,
quality control and standardization by mechanical, physical,
129.30 chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
129.31 relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
129.32 without exception, for medicinal purposes. preparation, propagation, conversion, or
129.33processing of a drug, either directly or indirectly, by extraction from substances of natural
129.34origin or independently by means of chemical or biological synthesis. Manufacturing
129.35includes the packaging or repackaging of a drug, or the labeling or relabeling of
129.36the container of a drug, for resale by pharmacies, practitioners, or other persons.
130.1Manufacturing does not include the prepackaging, extemporaneous compounding, or
130.2anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
130.3nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
130.4dispensing a drug to a patient pursuant to a valid prescription.
130.5 Subd. 14a. Manufacturer. The term "manufacturer" means any person engaged
130.7 Subd. 14b. Outsourcing facility. "Outsourcing facility" means a facility that is
130.8registered by the United States Food and Drug Administration pursuant to United States
130.9Code, title 21, section 353b.
Subd. 15. Pharmacist intern.
The term "pharmacist intern" means (1) a natural
person satisfactorily progressing toward the degree in pharmacy required for licensure, or
(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
college approved by the board, who is registered by the
Board of Pharmacy for the
purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
or (3) a qualified applicant awaiting examination for licensure.
Subd. 15a. Pharmacy technician.
The term "pharmacy technician" means a person
not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
preparation and dispensing of medications by performing computer entry of prescription
data and other manipulative tasks. A pharmacy technician shall not perform tasks
specifically reserved to a licensed pharmacist or requiring professional judgment.
Subd. 16. Prescription drug order.
The term "prescription drug order
" means a
order, or an,
oral, or electronic
reduced to writing, given by of
licensed to prescribe drugs for patients in the course of the practitioner's
130.24 practice, issued for an individual patient and containing the following: the date of issue,
130.25 name and address of the patient, name and quantity of the drug prescribed, directions
130.26 for use, and the name and address of the prescriber. for a drug for a specific patient.
130.27Prescription drug orders for controlled substances must be prepared in accordance with the
130.28provisions of section 152.11 and the federal Controlled Substances Act and the regulations
130.30 Subd. 16a. Prescription. The term "prescription" means a prescription drug order
130.31that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an
130.32electronic order. To be valid, a prescription must be issued for an individual patient by
130.33a practitioner within the scope and usual course of the practitioner's practice, and must
130.34contain the date of issue, name and address of the patient, name and quantity of the drug
130.35prescribed, directions for use, the name and address of the practitioner, and a telephone
130.36number at which the practitioner can be reached. A prescription written or printed on
131.1paper that is given to the patient or an agent of the patient or that is transmitted by fax
131.2must contain the practitioner's manual signature. An electronic prescription must contain
131.3the practitioner's electronic signature.
131.4 Subd. 16b. Chart order. The term "chart order" means a prescription drug order for
131.5a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
131.6supervision of a pharmacist, and administered by an authorized person only during the
131.7patient's stay in a hospital or long-term care facility. The chart order shall contain the name
131.8of the patient, another patient identifier such as birth date or medical record number, the
131.9drug ordered, and any directions that the practitioner may prescribe concerning strength,
131.10dosage, frequency, and route of administration. The manual or electronic signature of the
131.11practitioner must be affixed to the chart order at the time it is written or at a later date in
131.12the case of verbal chart orders.
Subd. 17. Legend drug.
"Legend drug" means a drug
is required by
federal law to
bear the following statement, "Caution: Federal law prohibits dispensing
131.15 without prescription." be dispensed only pursuant to the prescription of a licensed
Subd. 18. Label.
"Label" means a display of written, printed, or graphic matter
upon the immediate container of any drug or medicine
; and a requirement made by or
131.19 under authority of Laws 1969, chapter 933 that.
Any word, statement, or other information
appearing required by or under the authority of this chapter to appear
on the label shall
131.21 be considered to be complied with unless such word, statement, or other information
on the outside container or wrapper, if any there be, of the retail package of
such drug or medicine, or
easily legible through the outside container or wrapper.
Subd. 19. Package.
"Package" means any container or wrapping in which any
drug or medicine is enclosed for use in the delivery or display of that article to retail
purchasers, but does not include:
(a) shipping containers or wrappings used solely for the transportation of any such
article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
(b) shipping containers or outer wrappings used by retailers to ship or deliver any
such article to retail customers if such containers and wrappings bear no printed matter
pertaining to any particular drug or medicine.
Subd. 20. Labeling.
"Labeling" means all labels and other written, printed, or
graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
accompanying such article.
Subd. 21. Federal act.
"Federal act" means the Federal Food, Drug, and Cosmetic
Act, United States Code, title 21, section 301, et seq., as amended.
Subd. 22. Pharmacist in charge.
"Pharmacist in charge" means a duly licensed
pharmacist in the state of Minnesota who has been designated in accordance with the rules
Board of Pharmacy to assume professional responsibility for the operation
of the pharmacy in compliance with the requirements and duties as established by the
board in its rules.
Subd. 23. Practitioner.
"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
151.15, subdivision 4
; 151.252, subdivision 3;
151.37, subdivision 2
(b), (e), and (f); and
, "practitioner" also means a physician assistant authorized to
prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
authorized to prescribe, dispense, and administer under section
. For purposes of
151.15, subdivision 4
; 151.252, subdivision 3;
151.37, subdivision 2
, "practitioner" also means a dental therapist authorized to dispense and
administer under chapter 150A.
Subd. 24. Brand name.
"Brand name" means the registered trademark name given
to a drug product by its manufacturer, labeler or distributor.
Subd. 25. Generic name.
"Generic name" means the established name or official
name of a drug or drug product.
Subd. 26. Finished dosage form.
"Finished dosage form" means that form of a
is or is intended to be dispensed or administered to the patient and requires
no further manufacturing or processing other than packaging, reconstitution, or labeling.
Subd. 27. Practice of pharmacy.
"Practice of pharmacy" means:
(1) interpretation and evaluation of prescription drug orders;
(2) compounding, labeling, and dispensing drugs and devices (except labeling by
a manufacturer or packager of nonprescription drugs or commercially packaged legend
drugs and devices);
(3) participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs, including the performance of laboratory tests
132.32that are waived under the federal Clinical Laboratory Improvement Act of 1988, United
132.33States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the
132.34results of laboratory tests but may modify drug therapy only pursuant to a protocol or
132.35collaborative practice agreement
(4) participation in drug and therapeutic device selection; drug administration for first
dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
(5) participation in administration of influenza vaccines to all eligible individuals ten
years of age and older and all other vaccines to patients 18 years of age and older
133.5 standing orders from a physician licensed under chapter 147 or
by written protocol with a
physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
133.7under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under
133.9(i) the protocol includes, at a minimum:
133.10(A) the name, dose, and route of each vaccine that may be given;
133.11(B) the patient population for whom the vaccine may be given;
133.12(C) contraindications and precautions to the vaccine;
133.13(D) the procedure for handling an adverse reaction;
133.14(E) the name, signature, and address of the physician, physician assistant, or
133.15advanced nurse practitioner;
133.16(F) a telephone number at which the physician, physician assistant, or advanced
133.17nurse practitioner can be contacted; and
133.18(G) the date and time period for which the protocol is valid;
is trained in has successfully completed
a program approved
of Pharmaceutical for Pharmacy
for the administration of immunizations or
graduated from a college of
133.22 pharmacy in 2001 or thereafter a program approved by the board
133.23 (ii) (iii)
the pharmacist reports the administration of the immunization to the patient's
primary physician or clinic or to the Minnesota Immunization Information Connection
133.25(iv) the pharmacist complies with guidelines for vaccines and immunizations
133.26established by the federal Advisory Committee on Immunization Practices, except that a
133.27pharmacist does not need to comply with those portions of the guidelines that establish
133.28immunization schedules when administering a vaccine pursuant to a valid, patient-specific
133.29order issued by a physician licensed under chapter 147, a physician assistant authorized to
133.30prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
133.31drugs under section 148.235, provided that the order is consistent with the United States
133.32Food and Drug Administration approved labeling of the vaccine;
(6) participation in the
practice of managing drug therapy and modifying initiation,
133.34management, modification, and discontinuation of
, according to section
133.35 151.21, subdivision 1 ,
according to a written protocol or collaborative practice agreement
the specific pharmacist: (i) one or more pharmacists
the individual dentist,
134.1 optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
134.2 care and authorized to independently prescribe drugs one or more dentists, optometrists,
134.3physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
134.4physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
134.5or advanced practice nurses authorized to prescribe, dispense, and administer under
changes in drug therapy made pursuant to a protocol or
134.7collaborative practice agreement
by the pharmacist
the patient's medical record or reported by the pharmacist to a practitioner responsible
134.9for the patient's care
(7) participation in the storage of drugs and the maintenance of records;
responsibility for participation in
patient counseling on therapeutic values,
content, hazards, and uses of drugs and devices; and
(9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.
134.15 Subd. 27a. Protocol. "Protocol" means:
134.16(1) a specific written plan that describes the nature and scope of activities that a
134.17pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
134.18therapy as allowed in subdivision 27, clause (6); or
134.19(2) a specific written plan that authorizes a pharmacist to administer vaccines and
134.20that complies with subdivision 27, clause (5).
134.21 Subd. 27b. Collaborative practice. "Collaborative practice" means patient care
134.22activities, consistent with subdivision 27, engaged in by one or more pharmacists who
134.23have agreed to work in collaboration with one or more practitioners to initiate, manage,
134.24and modify drug therapy under specified conditions mutually agreed to by the pharmacists
134.26 Subd. 27c. Collaborative practice agreement. "Collaborative practice agreement"
134.27means a written and signed agreement between one or more pharmacists and one or more
134.28practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
Subd. 28. Veterinary legend drug.
"Veterinary legend drug" means a drug that is
required by federal law to
bear the following statement: "Caution: Federal law restricts
134.31 this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant
134.32to the prescription of a licensed veterinarian.
Subd. 29. Legend medical gas.
"Legend medical gas" means a liquid or gaseous
substance used for medical purposes and that is required by federal law to
134.35 following statement: "Caution: Federal law prohibits dispensing without a prescription."
134.36 be dispensed only pursuant to the prescription of a licensed practitioner.
Subd. 30. Dispense or dispensing.
"Dispense or dispensing" means the
135.2 or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
135.3 appropriately labeled for subsequent administration to or use by a patient or other individual
135.4 entitled to receive the drug. interpretation, evaluation, and processing of a prescription
135.5drug order and includes those processes specified by the board in rule that are necessary
135.6for the preparation and provision of a drug to a patient or patient's agent in a suitable
135.7container appropriately labeled for subsequent administration to, or use by, a patient.
Subd. 31. Central service pharmacy.
"Central service pharmacy" means a
pharmacy that may provide dispensing functions, drug utilization review, packaging,
labeling, or delivery of a prescription product to another pharmacy for the purpose of
filling a prescription.
Subd. 32. Electronic signature.
"Electronic signature" means an electronic sound,
symbol, or process attached to or associated with a record and executed or adopted by a
person with the intent to sign the record.
Subd. 33. Electronic transmission.
"Electronic transmission" means transmission
of information in electronic form.
Subd. 34. Health professional shortage area.
"Health professional shortage area"
means an area designated as such by the federal Secretary of Health and Human Services,
as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
title 42, section 254E.
135.21 Subd. 35. Compounding. "Compounding" means preparing, mixing, assembling,
135.22packaging, and labeling a drug for an identified individual patient as a result of
135.23a practitioner's prescription drug order. Compounding also includes anticipatory
135.24compounding, as defined in this section, and the preparation of drugs in which all bulk
135.25drug substances and components are nonprescription substances. Compounding does
135.26not include mixing or reconstituting a drug according to the product's labeling or to the
135.27manufacturer's directions. Compounding does not include the preparation of a drug for the
135.28purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
135.29is not prepared for dispensing or administration to patients. All compounding, regardless
135.30of the type of product, must be done pursuant to a prescription drug order unless otherwise
135.31permitted in this chapter or by the rules of the board. Compounding does not include a
135.32minor deviation from such directions with regard to radioactivity, volume, or stability,
135.33which is made by or under the supervision of a licensed nuclear pharmacist or a physician,
135.34and which is necessary in order to accommodate circumstances not contemplated in the
135.35manufacturer's instructions, such as the rate of radioactive decay or geographical distance
135.36from the patient.
136.1 Subd. 36. Anticipatory compounding. "Anticipatory compounding" means the
136.2preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
136.3meet the short-term anticipated need of the pharmacy for the filling of prescription drug
136.4orders. In the case of practitioners only, anticipatory compounding means the preparation
136.5of a supply of a compounded drug product that is sufficient to meet the practitioner's
136.6short-term anticipated need for dispensing or administering the drug to patients treated
136.7by the practitioner. Anticipatory compounding is not the preparation of a compounded
136.8drug product for wholesale distribution.
136.9 Subd. 37. Extemporaneous compounding. "Extemporaneous compounding"
136.10means the compounding of a drug product pursuant to a prescription drug order for a specific
136.11patient that is issued in advance of the compounding. Extemporaneous compounding is
136.12not the preparation of a compounded drug product for wholesale distribution.
136.13 Subd. 38. Compounded positron emission tomography drug. "Compounded
136.14positron emission tomography drug" means a drug that:
136.15(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
136.16positrons and is used for the purpose of providing dual photon positron emission
136.17tomographic diagnostic images;
136.18(2) has been compounded by or on the order of a practitioner in accordance with the
136.19relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
136.20teaching, or quality control; and
136.21(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
136.22accelerator, target material, electronic synthesizer, or other apparatus or computer program
136.23to be used in the preparation of such a drug.
Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
136.25151.06 POWERS AND DUTIES.
Subdivision 1. Generally; rules.
(a) Powers and duties. The Board of Pharmacy
shall have the power and it shall be its duty:
(1) to regulate the practice of pharmacy;
(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
dispensed in this state, using the United States Pharmacopeia and the National Formulary,
or any revisions thereof, or standards adopted under the federal act as the standard;
(4) to enter and inspect by its authorized representative any and all places where
drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
after paying or offering to pay for such sample; it shall be entitled to inspect and make
copies of any and all records of shipment, purchase, manufacture, quality control, and
sale of these items provided, however, that such inspection shall not extend to financial
data, sales data, or pricing data;
(5) to examine and license as pharmacists all applicants whom it shall deem qualified
to be such;
(6) to license wholesale drug distributors;
deny, suspend, revoke, or refuse to renew take disciplinary action against
registration or license required under this chapter
, to any applicant or registrant or licensee
upon any of the
: listed in section 151.071, and in accordance with
137.12the provisions of section 151.071;
137.13 (i) fraud or deception in connection with the securing of such license or registration;
137.14 (ii) in the case of a pharmacist, conviction in any court of a felony;
137.15 (iii) in the case of a pharmacist, conviction in any court of an offense involving
137.16 moral turpitude;
137.17 (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
137.18 or habitual indulgence in intoxicating liquors in a manner which could cause conduct
137.19 endangering public health;
137.20 (v) unprofessional conduct or conduct endangering public health;
137.21 (vi) gross immorality;
137.22 (vii) employing, assisting, or enabling in any manner an unlicensed person to
137.23 practice pharmacy;
137.24 (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
137.25 (ix) violation of any of the provisions of this chapter or any of the rules of the State
137.26 Board of Pharmacy;
137.27 (x) in the case of a pharmacy license, operation of such pharmacy without a
137.28 pharmacist present and on duty;
137.29 (xi) in the case of a pharmacist, physical or mental disability which could cause
137.30 incompetency in the practice of pharmacy;
137.31 (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
137.32 pharmacy in another state; or
137.33 (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
137.34 violation of section
609.215 as established by any of the following:
137.35 (A) a copy of the record of criminal conviction or plea of guilty for a felony in
137.36 violation of section
609.215, subdivision 1 or 2;
138.1 (B) a copy of the record of a judgment of contempt of court for violating an
138.2 injunction issued under section
609.215, subdivision 4 ;
138.3 (C) a copy of the record of a judgment assessing damages under section
138.5 (D) a finding by the board that the person violated section
or 2. The board shall investigate any complaint of a violation of section
(8) to employ necessary assistants and adopt rules for the conduct of its business;
(9) to register as pharmacy technicians all applicants who the board determines are
qualified to carry out the duties of a pharmacy technician;
(10) to perform such other duties and exercise such other powers as the provisions of
the act may require
138.13(11) to enter and inspect any business to which it issues a license or registration.
138.14 (b) Temporary suspension. In addition to any other remedy provided by law, the board
138.15 may, without a hearing, temporarily suspend a license for not more than 60 days if the board
138.16 finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
138.17 and continued practice by the pharmacist would create an imminent risk of harm to others.
138.18 The suspension shall take effect upon written notice to the pharmacist, specifying the
138.19 statute or rule violated. At the time it issues the suspension notice, the board shall schedule
138.20 a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
138.21 shall be provided with at least 20 days' notice of any hearing held under this subdivision.
138.22 (c) (b)
Rules. For the purposes aforesaid, it shall be the duty of the board to make
and publish uniform rules not inconsistent herewith for carrying out and enforcing
the provisions of this chapter. The board shall adopt rules regarding prospective drug
utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
the pharmacist's professional judgment, upon the presentation of a
prescription by a
patient or the patient's caregiver or agent, shall perform the prospective drug utilization
review required by rules issued under this subdivision.
Substitution; rules. If the United States Food and Drug Administration
(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
seizures poses a health risk to patients, the board shall adopt rules in accordance with
accompanying FDA interchangeability standards regarding the use of substitution for
these drugs. If the board adopts a rule regarding the substitution of drugs used for the
treatment of epilepsy or seizures that conflicts with the substitution requirements of
151.21, subdivision 3
, the rule shall supersede the conflicting statute. If the rule
proposed by the board would increase state costs for state public health care programs,
the board shall report to the chairs and ranking minority members of the senate Health
and Human Services Budget Division and the house of representatives Health Care and
Human Services Finance Division the proposed rule and the increased cost associated
with the proposed rule before the board may adopt the rule.
Disciplinary action Cease and desist orders. It shall be grounds for
139.6 disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
139.7 the Board of Pharmacy determines that any person with supervisory responsibilities at the
139.8 pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
139.9 review and patient counseling as required by rules adopted under subdivision 1. The
139.10 Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
139.11 taken under this section. (a) Whenever it appears to the board that a person has engaged in
139.12an act or practice constituting a violation of a law, rule, or other order related to the duties
139.13and responsibilities entrusted to the board, the board may issue and cause to be served
139.14upon the person an order requiring the person to cease and desist from violations.
139.15(b) The cease and desist order must state the reasons for the issuance of the order
139.16and must give reasonable notice of the rights of the person to request a hearing before
139.17an administrative law judge. A hearing must be held not later than ten days after the
139.18request for the hearing is received by the board. After the completion of the hearing,
139.19the administrative law judge shall issue a report within ten days. Within 15 days after
139.20receiving the report of the administrative law judge, the board shall issue a further order
139.21vacating or making permanent the cease and desist order. The time periods provided in
139.22this provision may be waived by agreement of the executive director of the board and the
139.23person against whom the cease and desist order was issued. If the person to whom a cease
139.24and desist order is issued fails to appear at the hearing after being duly notified, the person
139.25is in default, and the proceeding may be determined against that person upon consideration
139.26of the cease and desist order, the allegations of which may be considered to be true. Unless
139.27otherwise provided, all hearings must be conducted according to chapter 14. The board
139.28may adopt rules of procedure concerning all proceedings conducted under this subdivision.
139.29(c) If no hearing is requested within 30 days of service of the order, the cease and
139.30desist order will become permanent.
139.31(d) A cease and desist order issued under this subdivision remains in effect until
139.32it is modified or vacated by the board. The administrative proceeding provided by this
139.33subdivision, and subsequent appellate judicial review of that administrative proceeding,
139.34constitutes the exclusive remedy for determining whether the board properly issued the
139.35cease and desist order and whether the cease and desist order should be vacated or made
140.1 Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever
140.2the board under subdivision 1a seeks to enforce compliance with a cease and desist
140.3order that has been made permanent, the allegations of the cease and desist order are
140.4considered conclusively established for purposes of proceeding under subdivision 1a for
140.5permanent or temporary relief to enforce the cease and desist order. Whenever the board
140.6under subdivision 1a seeks to enforce compliance with a cease and desist order when a
140.7hearing or hearing request on the cease and desist order is pending, or the time has not
140.8yet expired to request a hearing on whether a cease and desist order should be vacated or
140.9made permanent, the allegations in the cease and desist order are considered conclusively
140.10established for the purposes of proceeding under subdivision 1a for temporary relief to
140.11enforce the cease and desist order.
140.12(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
140.13the cease and desist order is issued and who has requested a hearing under subdivision 1a
140.14may, within 15 days after service of the cease and desist order, bring an action in Ramsey
140.15County District Court for issuance of an injunction to suspend enforcement of the cease
140.16and desist order pending a final decision of the board under subdivision 1a to vacate or
140.17make permanent the cease and desist order. The court shall determine whether to issue
140.18such an injunction based on traditional principles of temporary relief.
Subd. 2. Application. In the case of a facility licensed or registered by the board,
the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
shall also apply to the following:
(1) In the case of a partnership, each partner thereof;
(2) In the case of an association, each member thereof;
(3) In the case of a corporation, each officer or director thereof and each shareholder
owning 30 percent or more of the voting stock of such corporation.
Subd. 3. Application of Administrative Procedure Act. The board shall comply
140.27 with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
140.28 license or registration issued under this chapter.
140.29 Subd. 4. Reinstatement. Any license or registration which has been suspended
140.30 or revoked may be reinstated by the board provided the holder thereof shall pay all costs
140.31 of the proceedings resulting in the suspension or revocation, and, in addition thereto,
140.32 pay a fee set by the board.
140.33 Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding
140.34 $10,000 for each separate violation, the amount of the civil penalty to be fixed so as
140.35 to deprive a licensee or registrant of any economic advantage gained by reason of
140.36 the violation, to discourage similar violations by the licensee or registrant or any other
141.1 licensee or registrant, or to reimburse the board for the cost of the investigation and
141.2 proceeding, including, but not limited to, fees paid for services provided by the Office of
141.3 Administrative Hearings, legal and investigative services provided by the Office of the
141.4 Attorney General, court reporters, witnesses, reproduction of records, board members'
141.5 per diem compensation, board staff time, and travel costs and expenses incurred by board
141.6 staff and board members.
141.7EFFECTIVE DATE.Subdivisions 1a and 1b are effective August 1, 2014, and
141.8apply to violations occurring on or after that date.
Sec. 3. [151.071] DISCIPLINARY ACTION.
141.10 Subdivision 1. Forms of disciplinary action. When the board finds that a licensee,
141.11registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
141.12do one or more of the following:
141.13(1) deny the issuance of a license or registration;
141.14(2) refuse to renew a license or registration;
141.15(3) revoke the license or registration;
141.16(4) suspend the license or registration;
141.17(5) impose limitations, conditions, or both on the license or registration, including
141.18but not limited to: the limitation of practice designated settings; the imposition of
141.19retraining or rehabilitation requirements; the requirement of practice under supervision;
141.20the requirement of participation in a diversion program such as that established pursuant to
141.21section 214.31 or the conditioning of continued practice on demonstration of knowledge
141.22or skills by appropriate examination or other review of skill and competence;
141.23(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
141.24amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
141.25economic advantage gained by reason of the violation, to discourage similar violations
141.26by the licensee or registrant or any other licensee or registrant, or to reimburse the board
141.27for the cost of the investigation and proceeding, including but not limited to, fees paid
141.28for services provided by the Office of Administrative Hearings, legal and investigative
141.29services provided by the Office of the Attorney General, court reporters, witnesses,
141.30reproduction of records, board members' per diem compensation, board staff time, and
141.31travel costs and expenses incurred by board staff and board members; and
141.32(7) reprimand the licensee or registrant.
141.33 Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and
141.34is grounds for disciplinary action:
142.1(1) failure to demonstrate the qualifications or satisfy the requirements for a license
142.2or registration contained in this chapter or the rules of the board. The burden of proof is on
142.3the applicant to demonstrate such qualifications or satisfaction of such requirements;
142.4(2) obtaining a license by fraud or by misleading the board in any way during
142.5the application process or obtaining a license by cheating, or attempting to subvert
142.6the licensing examination process. Conduct that subverts or attempts to subvert the
142.7licensing examination process includes, but is not limited to: (i) conduct that violates the
142.8security of the examination materials, such as removing examination materials from the
142.9examination room or having unauthorized possession of any portion of a future, current,
142.10or previously administered licensing examination; (ii) conduct that violates the standard of
142.11test administration, such as communicating with another examinee during administration
142.12of the examination, copying another examinee's answers, permitting another examinee
142.13to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
142.14examinee or permitting an impersonator to take the examination on one's own behalf;
142.15(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
142.16pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
142.17intern registration, conviction of a felony reasonably related to the practice of pharmacy.
142.18Conviction as used in this subdivision includes a conviction of an offense that if committed
142.19in this state would be deemed a felony without regard to its designation elsewhere, or
142.20a criminal proceeding where a finding or verdict of guilt is made or returned but the
142.21adjudication of guilt is either withheld or not entered thereon. The board may delay the
142.22issuance of a new license or registration if the applicant has been charged with a felony
142.23until the matter has been adjudicated;
142.24(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
142.25owner or applicant is convicted of a felony reasonably related to the operation of the
142.26facility. The board may delay the issuance of a new license or registration if the owner or
142.27applicant has been charged with a felony until the matter has been adjudicated;
142.28(5) for a controlled substance researcher, conviction of a felony reasonably related
142.29to controlled substances or to the practice of the researcher's profession. The board may
142.30delay the issuance of a registration if the applicant has been charged with a felony until
142.31the matter has been adjudicated;
142.32(6) disciplinary action taken by another state or by one of this state's health licensing
142.34(i) revocation, suspension, restriction, limitation, or other disciplinary action against
142.35a license or registration in another state or jurisdiction, failure to report to the board that
142.36charges or allegations regarding the person's license or registration have been brought in
143.1another state or jurisdiction, or having been refused a license or registration by any other
143.2state or jurisdiction. The board may delay the issuance of a new license or registration if
143.3an investigation or disciplinary action is pending in another state or jurisdiction until the
143.4investigation or action has been dismissed or otherwise resolved; and
143.5(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
143.6a license or registration issued by another of this state's health licensing agencies, failure
143.7to report to the board that charges regarding the person's license or registration have been
143.8brought by another of this state's health licensing agencies, or having been refused a
143.9license or registration by another of this state's health licensing agencies. The board may
143.10delay the issuance of a new license or registration if a disciplinary action is pending before
143.11another of this state's health licensing agencies until the action has been dismissed or
143.13(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
143.14of any order of the board, of any of the provisions of this chapter or any rules of the
143.15board or violation of any federal, state, or local law or rule reasonably pertaining to the
143.16practice of pharmacy;
143.17(8) for a facility, other than a pharmacy, licensed by the board, violations of any
143.18order of the board, of any of the provisions of this chapter or the rules of the board or
143.19violation of any federal, state, or local law relating to the operation of the facility;
143.20(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
143.21the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
143.22of a patient; or pharmacy practice that is professionally incompetent, in that it may create
143.23unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
143.24of actual injury need not be established;
143.25(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
143.26that it is not a violation of this clause for a pharmacist to supervise a properly registered
143.27pharmacy technician or pharmacist intern if that person is performing duties allowed
143.28by this chapter or the rules of the board;
143.29(11) for an individual licensed or registered by the board, adjudication as mentally ill
143.30or developmentally disabled, or as a chemically dependent person, a person dangerous
143.31to the public, a sexually dangerous person, or a person who has a sexual psychopathic
143.32personality, by a court of competent jurisdiction, within or without this state. Such
143.33adjudication shall automatically suspend a license for the duration thereof unless the
143.34board orders otherwise;
143.35(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
143.36specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
144.1specified in board rules that would be unprofessional if it were engaged in by a pharmacist
144.2or pharmacist intern or performing duties specifically reserved for pharmacists under this
144.3chapter or the rules of the board;
144.4(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
144.5duty except as allowed by a variance approved by the board;
144.6(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
144.7safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
144.8any other type of material or as a result of any mental or physical condition, including
144.9deterioration through the aging process or loss of motor skills. In the case of registered
144.10pharmacy technicians, pharmacist interns, or controlled substance researchers, the
144.11inability to carry out duties allowed under this chapter or the rules of the board with
144.12reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
144.13narcotics, chemicals, or any other type of material or as a result of any mental or physical
144.14condition, including deterioration through the aging process or loss of motor skills;
144.15(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
144.16gas distributor, or controlled substance researcher, revealing a privileged communication
144.17from or relating to a patient except when otherwise required or permitted by law;
144.18(16) for a pharmacist or pharmacy, improper management of patient records,
144.19including failure to maintain adequate patient records, to comply with a patient's request
144.20made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
144.21required by law;
144.22(17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
144.23kickback, or other form of remuneration, directly or indirectly, for the referral of patients
144.24or the dispensing of drugs or devices;
144.25(18) engaging in abusive or fraudulent billing practices, including violations of the
144.26federal Medicare and Medicaid laws or state medical assistance laws or rules;
144.27(19) engaging in conduct with a patient that is sexual or may reasonably be
144.28interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
144.29demeaning to a patient;
144.30(20) failure to make reports as required by section 151.072 or to cooperate with an
144.31investigation of the board as required by section 151.074;
144.32(21) knowingly providing false or misleading information that is directly related
144.33to the care of a patient unless done for an accepted therapeutic purpose such as the
144.34dispensing and administration of a placebo;
144.35(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
144.36established by any of the following:
145.1(i) a copy of the record of criminal conviction or plea of guilty for a felony in
145.2violation of section 609.215, subdivision 1 or 2;
145.3(ii) a copy of the record of a judgment of contempt of court for violating an
145.4injunction issued under section 609.215, subdivision 4;
145.5(iii) a copy of the record of a judgment assessing damages under section 609.215,
145.6subdivision 5; or
145.7(iv) a finding by the board that the person violated section 609.215, subdivision
145.81 or 2. The board shall investigate any complaint of a violation of section 609.215,
145.9subdivision 1 or 2;
145.10(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
145.11For a pharmacist intern, pharmacy technician, or controlled substance researcher,
145.12performing duties permitted to such individuals by this chapter or the rules of the board
145.13under a lapsed or nonrenewed registration. For a facility required to be licensed under this
145.14chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
145.15(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination
145.16or discharge from the health professional services program for reasons other than the
145.17satisfactory completion of the program.
145.18 Subd. 3. Automatic suspension. (a) A license or registration issued under this
145.19chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
145.20researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
145.21appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
145.22other than the minority of the licensee or registrant; or (2) the licensee or registrant is
145.23committed by order of a court pursuant to chapter 253B. The license or registration
145.24remains suspended until the licensee is restored to capacity by a court and, upon petition
145.25by the licensee or registrant, the suspension is terminated by the board after a hearing.
145.26(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
145.27board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
145.28of pharmacy, the license or registration of the regulated person may be automatically
145.29suspended by the board. The license or registration will remain suspended until, upon
145.30petition by the regulated individual and after a hearing, the suspension is terminated by
145.31the board. The board may indefinitely suspend or revoke the license or registration of the
145.32regulated individual if, after a hearing before the board, the board finds that the felonious
145.33conduct would cause a serious risk of harm to the public.
145.34(c) For a facility that is licensed or registered by the board, upon notice to the
145.35board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
145.36a felony reasonably related to the operation of the facility, the license or registration of
146.1the facility may be automatically suspended by the board. The license or registration will
146.2remain suspended until, upon petition by the facility and after a hearing, the suspension
146.3is terminated by the board. The board may indefinitely suspend or revoke the license or
146.4registration of the facility if, after a hearing before the board, the board finds that the
146.5felonious conduct would cause a serious risk of harm to the public.
146.6(d) For licenses and registrations that have been suspended or revoked pursuant
146.7to paragraphs (a) and (b), the regulated individual may have a license or registration
146.8reinstated, either with or without restrictions, by demonstrating clear and convincing
146.9evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
146.10the conviction subsequently overturned by court decision, the board shall conduct a
146.11hearing to review the suspension within 30 days after the receipt of the court decision.
146.12The regulated individual is not required to prove rehabilitation if the subsequent court
146.13decision overturns previous court findings of public risk.
146.14(e) For licenses and registrations that have been suspended or revoked pursuant to
146.15paragraph (c), the regulated facility may have a license or registration reinstated, either with
146.16or without restrictions, conditions, or limitations, by demonstrating clear and convincing
146.17evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
146.18convicted owner has the conviction subsequently overturned by court decision, the board
146.19shall conduct a hearing to review the suspension within 30 days after receipt of the court
146.20decision. The regulated facility is not required to prove rehabilitation of the convicted
146.21owner if the subsequent court decision overturns previous court findings of public risk.
146.22(f) The board may, upon majority vote of a quorum of its appointed members,
146.23suspend the license or registration of a regulated individual without a hearing if the
146.24regulated individual fails to maintain a current name and address with the board, as
146.25described in paragraphs (h) and (i), while the regulated individual is: (1) under board
146.26investigation, and a notice of conference has been issued by the board; (2) party to a
146.27contested case with the board; (3) party to an agreement for corrective action with the
146.28board; or (4) under a board order for disciplinary action. The suspension shall remain
146.29in effect until lifted by the board to the board's receipt of a petition from the regulated
146.30individual, along with the current name and address of the regulated individual.
146.31(g) The board may, upon majority vote of a quorum of its appointed members,
146.32suspend the license or registration of a regulated facility without a hearing if the regulated
146.33facility fails to maintain a current name and address of the owner of the facility with the
146.34board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
146.35board investigation, and a notice of conference has been issued by the board; (2) party
146.36to a contested case with the board; (3) party to an agreement for corrective action with
147.1the board; or (4) under a board order for disciplinary action. The suspension shall remain
147.2in effect until lifted by the board pursuant to the board's receipt of a petition from the
147.3regulated facility, along with the current name and address of the owner of the facility.
147.4(h) An individual licensed or registered by the board shall maintain a current name
147.5and home address with the board and shall notify the board in writing within 30 days of
147.6any change in name or home address. An individual regulated by the board shall also
147.7maintain a current business address with the board as required by section 214.073. For
147.8an individual, if a name change only is requested, the regulated individual must request
147.9a revised license or registration. The board may require the individual to substantiate
147.10the name change by submitting official documentation from a court of law or agency
147.11authorized under law to receive and officially record a name change. In the case of an
147.12individual, if an address change only is requested, no request for a revised license or
147.13registration is required. If the current license or registration of an individual has been lost,
147.14stolen, or destroyed, the individual shall provide a written explanation to the board.
147.15(i) A facility licensed or registered by the board shall maintain a current name and
147.16address with the board. A facility shall notify the board in writing within 30 days of any
147.17change in name. A facility licensed or registered by the board but located outside of the
147.18state must notify the board within 30 days of an address change. A facility licensed or
147.19registered by the board and located within the state must notify the board at least 60
147.20days in advance of a change of address that will result from the move of the facility to a
147.21different location and must pass an inspection at the new location as required by the board.
147.22If the current license or registration of a facility has been lost, stolen, or destroyed, the
147.23facility shall provide a written explanation to the board.
147.24 Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
147.25qualification, or restriction of a license or registration shall be in effect pending
147.26determination of an appeal. A revocation of a license pursuant to subdivision 1 is not
147.27appealable and shall remain in effect indefinitely.
147.28 Subd. 5. Conditions on reissued license. In its discretion, the board may restore
147.29and reissue a license or registration issued under this chapter, but as a condition thereof
147.30may impose any disciplinary or corrective measure that it might originally have imposed.
147.31 Subd. 6. Temporary suspension of license for pharmacists. In addition to any
147.32other remedy provided by law, the board may, without a hearing, temporarily suspend the
147.33license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
147.34that the board is empowered to enforce and continued practice by the pharmacist would
147.35create a serious risk of harm to the public. The suspension shall take effect upon written
147.36notice to the pharmacist, specifying the statute or rule violated. The suspension shall
148.1remain in effect until the board issues a final order in the matter after a hearing. At the
148.2time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
148.3held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
148.4at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
148.5be scheduled to begin no later than 30 days after the issuance of the suspension order.
148.6 Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy
148.7technicians, and controlled substance researchers. In addition to any other remedy
148.8provided by law, the board may, without a hearing, temporarily suspend the registration of
148.9a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
148.10finds that the registrant has violated a statute or rule that the board is empowered to enforce
148.11and continued registration of the registrant would create a serious risk of harm to the
148.12public. The suspension shall take effect upon written notice to the registrant, specifying
148.13the statute or rule violated. The suspension shall remain in effect until the board issues a
148.14final order in the matter after a hearing. At the time it issues the suspension notice, the
148.15board shall schedule a disciplinary hearing to be held pursuant to the Administrative
148.16Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
148.17any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
148.18later than 30 days after the issuance of the suspension order.
148.19 Subd. 8. Temporary suspension of license for pharmacies, drug wholesalers,
148.20drug manufacturers, medical gas manufacturers, and medical gas distributors.
148.21In addition to any other remedy provided by law, the board may, without a hearing,
148.22temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
148.23manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
148.24that the licensee or registrant has violated a statute or rule that the board is empowered
148.25to enforce and continued operation of the licensed facility would create a serious risk of
148.26harm to the public. The suspension shall take effect upon written notice to the licensee or
148.27registrant, specifying the statute or rule violated. The suspension shall remain in effect
148.28until the board issues a final order in the matter after a hearing. At the time it issues the
148.29suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
148.30the Administrative Procedure Act. The licensee or registrant shall be provided with at
148.31least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
148.32scheduled to begin no later than 30 days after the issuance of the suspension order.
148.33 Subd. 9. Evidence. In disciplinary actions alleging a violation of subdivision 2,
148.34clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
148.35administrator or of the administrative agency that entered the same shall be admissible
149.1into evidence without further authentication and shall constitute prima facie evidence
149.2of the contents thereof.
149.3 Subd. 10. Mental examination; access to medical data. (a) If the board has
149.4probable cause to believe that an individual licensed or registered by the board falls under
149.5subdivision 2, clause (14), it may direct the individual to submit to a mental or physical
149.6examination. For the purpose of this subdivision, every licensed or registered individual is
149.7deemed to have consented to submit to a mental or physical examination when directed in
149.8writing by the board and further to have waived all objections to the admissibility of the
149.9examining practitioner's testimony or examination reports on the grounds that the same
149.10constitute a privileged communication. Failure of a licensed or registered individual to
149.11submit to an examination when directed constitutes an admission of the allegations against
149.12the individual, unless the failure was due to circumstances beyond the individual's control,
149.13in which case a default and final order may be entered without the taking of testimony or
149.14presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
149.15intervals be given an opportunity to demonstrate that they can resume the competent
149.16practice of the profession of pharmacy with reasonable skill and safety to the public.
149.17Pharmacist interns, pharmacy technicians, or controlled substance researchers affected
149.18under this paragraph shall at reasonable intervals be given an opportunity to demonstrate
149.19that they can competently resume the duties that can be performed, under this chapter or
149.20the rules of the board, by similarly registered persons with reasonable skill and safety to
149.21the public. In any proceeding under this paragraph, neither the record of proceedings nor
149.22the orders entered by the board shall be used against a licensed or registered individual
149.23in any other proceeding.
149.24(b) In addition to ordering a physical or mental examination, the board may,
149.25notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
149.26other health data, obtain medical data and health records relating to an individual licensed
149.27or registered by the board, or to an applicant for licensure or registration, without the
149.28individual's consent, if the board has probable cause to believe that the individual falls
149.29under subdivision 2, clause (14). The medical data may be requested from a provider,
149.30as defined in section 144.291, subdivision 2, paragraph (h), an insurance company, or a
149.31government agency, including the Department of Human Services. A provider, insurance
149.32company, or government agency shall comply with any written request of the board under
149.33this subdivision and is not liable in any action for damages for releasing the data requested
149.34by the board if the data are released pursuant to a written request under this subdivision,
149.35unless the information is false and the provider giving the information knew, or had reason
150.1to believe, the information was false. Information obtained under this subdivision is
150.2classified as private under sections 13.01 to 13.87.
150.3 Subd. 11. Tax clearance certificate. (a) In addition to the provisions of subdivision
150.41, the board may not issue or renew a license or registration if the commissioner of
150.5revenue notifies the board and the licensee or applicant for a license that the licensee or
150.6applicant owes the state delinquent taxes in the amount of $500 or more. The board may
150.7issue or renew the license or registration only if (1) the commissioner of revenue issues a
150.8tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
150.9applicant forwards a copy of the clearance to the board. The commissioner of revenue
150.10may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
150.11the state any uncontested delinquent taxes.
150.12(b) For purposes of this subdivision, the following terms have the meanings given.
150.13(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
150.14and interest due on those taxes.
150.15(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
150.16action that contests the amount or validity of the liability has been filed or served, (ii) the
150.17appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
150.18has entered into a payment agreement to pay the liability and is current with the payments.
150.19(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
150.20registrant, or applicant is required to obtain a clearance certificate under this subdivision,
150.21a contested case hearing must be held if the licensee or applicant requests a hearing in
150.22writing to the commissioner of revenue within 30 days of the date of the notice provided
150.23in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
150.24revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
150.25to the contrary, the licensee or applicant must be served with 20 days' notice in writing
150.26specifying the time and place of the hearing and the allegations against the licensee or
150.27applicant. The notice may be served personally or by mail.
150.28(d) A licensee or applicant must provide the licensee's or applicant's Social Security
150.29number and Minnesota business identification number on all license applications. Upon
150.30request of the commissioner of revenue, the board must provide to the commissioner of
150.31revenue a list of all licensees and applicants that includes the licensee's or applicant's
150.32name, address, Social Security number, and business identification number. The
150.33commissioner of revenue may request a list of the licensees and applicants no more than
150.34once each calendar year.
150.35 Subd. 12. Limitation. No board proceeding against a regulated person or facility
150.36shall be instituted unless commenced within seven years from the date of the commission
151.1of some portion of the offense or misconduct complained of except for alleged violations
151.2of subdivision 2, clause (21).
Sec. 4. [151.072] REPORTING OBLIGATIONS.
151.4 Subdivision 1. Permission to report. A person who has knowledge of any conduct
151.5constituting grounds for discipline under the provisions of this chapter or the rules of the
151.6board may report the violation to the board.
151.7 Subd. 2. Pharmacies. A pharmacy located in this state must report to the board any
151.8discipline that is related to an incident involving conduct that would constitute grounds
151.9for discipline under the provisions of this chapter or the rules of the board, that is taken
151.10by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
151.11pharmacy technician, including the termination of employment of the individual or the
151.12revocation, suspension, restriction, limitation, or conditioning of an individual's ability
151.13to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
151.14resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
151.15any disciplinary proceeding, or prior to the commencement of formal charges but after the
151.16individual had knowledge that formal charges were contemplated or in preparation. Each
151.17report made under this subdivision must state the nature of the action taken and state in
151.18detail the reasons for the action. Failure to report violations as required by this subdivision
151.19is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
151.20 Subd. 3. Licensees and registrants of the board. A licensee or registrant of
151.21the board shall report to the board personal knowledge of any conduct that the person
151.22reasonably believes constitutes grounds for disciplinary action under this chapter or
151.23the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
151.24controlled substance researcher, including any conduct indicating that the person may be
151.25professionally incompetent, or may have engaged in unprofessional conduct or may be
151.26medically or physically unable to engage safely in the practice of pharmacy or to carry
151.27out the duties permitted to the person by this chapter or the rules of the board. Failure
151.28to report violations as required by this subdivision is a basis for discipline pursuant to
151.29section 151.071, subdivision 2, clause (20).
151.30 Subd. 4. Self-reporting. A licensee or registrant of the board shall report to the
151.31board any personal action that would require that a report be filed with the board pursuant
151.32to subdivision 2.
151.33 Subd. 5. Deadlines; forms. Reports required by subdivisions 2 to 4 must be
151.34submitted not later than 30 days after the occurrence of the reportable event or transaction.
151.35The board may provide forms for the submission of reports required by this section, may
152.1require that reports be submitted on the forms provided, and may adopt rules necessary
152.2to assure prompt and accurate reporting.
152.3 Subd. 6. Subpoenas. The board may issue subpoenas for the production of any
152.4reports required by subdivisions 2 to 4 or any related documents.
Sec. 5. [151.073] IMMUNITY.
152.6 Subdivision 1. Reporting. Any person, health care facility, business, or organization
152.7is immune from civil liability or criminal prosecution for submitting in good faith a report
152.8to the board under section 151.072 or for otherwise reporting in good faith to the board
152.9violations or alleged violations of this chapter or the rules of the board. All such reports
152.10are investigative data as defined in chapter 13.
152.11 Subd. 2. Investigation. (a) Members of the board and persons employed by the board
152.12or engaged on behalf of the board in the investigation of violations and in the preparation
152.13and management of charges or violations of this chapter of the rules of the board, or persons
152.14participating in the investigation or testifying regarding charges of violations, are immune
152.15from civil liability and criminal prosecution for any actions, transactions, or publications
152.16in the execution of, or relating to, their duties under this chapter or the rules of the board.
152.17(b) Members of the board and persons employed by the board or engaged in
152.18maintaining records and making reports regarding adverse health care events are immune
152.19from civil liability and criminal prosecution for any actions, transactions, or publications
152.20in the execution of, or relating to, their duties under section 151.301.
Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
152.22An individual who is licensed or registered by the board, who is the subject of an
152.23investigation by or on behalf of the board, shall cooperate fully with the investigation.
152.24An owner or employee of a facility that is licensed or registered by the board, when the
152.25facility is the subject of an investigation by or on behalf of the board, shall cooperate
152.26fully with the investigation. Cooperation includes responding fully and promptly to any
152.27question raised by, or on behalf of, the board relating to the subject of the investigation and
152.28providing copies of patient pharmacy records and other relevant records, as reasonably
152.29requested by the board, to assist the board in its investigation. The board shall maintain
152.30any records obtained pursuant to this section as investigative data pursuant to chapter 13.
Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
153.1Upon judicial review of any board disciplinary action taken under this chapter, the
153.2reviewing court shall seal the administrative record, except for the board's final decision,
153.3and shall not make the administrative record available to the public.
Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
153.5151.211 RECORDS OF PRESCRIPTIONS.
153.6 Subdivision 1. Retention of prescription drug orders.
153.7 prescription drug orders
shall be kept on file at the location
occurred of the ordered drug occurs
for a period of at least two years. Prescription drug
153.9orders that are electronically prescribed must be kept on file in the format in which
153.10they were originally received. Written or printed prescription drug orders and verbal
153.11prescription drug orders reduced to writing, must be kept on file as received or transcribed,
153.12except that such orders may be kept in an electronic format as allowed by the board.
153.13Electronic systems used to process and store prescription drug orders must be compliant
153.14with the requirements of this chapter and the rules of the board. Prescription drug orders
153.15that are stored in an electronic format, as permitted by this subdivision, may be kept on
153.16file at a remote location provided that they are readily and securely accessible from the
153.17location at which dispensing of the ordered drug occurred.
153.18 Subd. 2. Refill requirements.
shall drug order may
with the written, electronic,
or verbal consent of the prescriber and in
153.20accordance with the requirements of this chapter, the rules of the board, and where
153.21applicable, section 152.11
. The date of such refill must be recorded and initialed upon
the original prescription drug order,
or within the electronically maintained record of the
original prescription drug order,
by the pharmacist, pharmacist intern, or practitioner
who refills the prescription.
Sec. 9. [151.251] COMPOUNDING.
153.26 Subdivision 1. Exemption from manufacturing licensure requirement. Section
153.27151.252 shall not apply to:
153.28(1) a practitioner engaged in extemporaneous compounding, anticipatory
153.29compounding, or compounding not done pursuant to a prescription drug order when
153.30permitted by this chapter or the rules of the board; and
153.31(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
153.32anticipatory compounding, or compounding not done pursuant to a prescription drug order
153.33when permitted by this chapter or the rules of the board.
154.1 Subd. 2. Compounded drug. A drug product may be compounded under this
154.2section if a pharmacist or practitioner:
154.3(a) compounds the drug product using bulk drug substances, as defined in the federal
154.4regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
154.6(i) comply with the standards of an applicable United States Pharmacopoeia
154.7or National Formulary monograph, if a monograph exists, and the United States
154.8Pharmacopoeia chapter on pharmacy compounding;
154.9(ii) if such a monograph does not exist, are drug substances that are components of
154.10drugs approved for use in this country by the United States Food and Drug Administration;
154.12(iii) if such a monograph does not exist and the drug substance is not a component of
154.13a drug approved for use in this country by the United States Food and Drug Administration,
154.14that appear on a list developed by the United States Food and Drug Administration through
154.15regulations issued by the secretary of the federal Department of Health and Human
154.16Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d);
154.17(2) that are manufactured by an establishment that is registered under section 360
154.18of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
154.19registered under section 360(i) of that act; and
154.20(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
154.21(b) compounds the drug product using ingredients, other than bulk drug substances,
154.22that comply with the standards of an applicable United States Pharmacopoeia or National
154.23Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
154.24chapters on pharmacy compounding;
154.25(c) does not compound a drug product that appears on a list published by the secretary
154.26of the federal Department of Health and Human Services in the Federal Register of drug
154.27products that have been withdrawn or removed from the market because such drug products
154.28or components of such drug products have been found to be unsafe or not effective;
154.29(d) does not compound any drug products that are essentially copies of a
154.30commercially available drug product; and
154.31(e) does not compound any drug product that has been identified pursuant to
154.32United States Code, title 21, section 353a, as a drug product that presents demonstrable
154.33difficulties for compounding that reasonably demonstrate an adverse effect on the safety
154.34or effectiveness of that drug product.
154.35The term "essentially a copy of a commercially available drug product" does not
154.36include a drug product in which there is a change, made for an identified individual
155.1patient, that produces for that patient a significant difference, as determined by the
155.2prescribing practitioner, between the compounded drug and the comparable commercially
155.3available drug product.
155.4 Subd. 3. Exceptions. This section shall not apply to:
155.5(1) compounded positron emission tomography drugs as defined in section 151.01,
155.6subdivision 38; or
Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
a subdivision to read:
155.10 Subd. 1a. Outsourcing facility. (a) No person shall act as an outsourcing facility
155.11without first obtaining a license from the board and paying any applicable manufacturer
155.12licensing fee specified in section 151.065.
155.13(b) Application for an outsourcing facility license under this section shall be made
155.14in a manner specified by the board and may differ from the application required of other
155.16(c) No license shall be issued or renewed for an outsourcing facility unless the
155.17applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
155.18state law and according to Minnesota Rules.
155.19(d) No license shall be issued or renewed for an outsourcing facility unless the
155.20applicant supplies the board with proof of such registration by the United States Food and
155.21Drug Administration as required by United States Code, title 21, section 353b.
155.22(e) No license shall be issued or renewed for an outsourcing facility that is required
155.23to be licensed or registered by the state in which it is physically located unless the
155.24applicant supplies the board with proof of such licensure or registration. The board may
155.25establish, by rule, standards for the licensure of an outsourcing facility that is not required
155.26to be licensed or registered by the state in which it is physically located.
155.27(f) The board shall require a separate license for each outsourcing facility located
155.28within the state and for each outsourcing facility located outside of the state at which drugs
155.29that are shipped into the state are prepared.
155.30(g) The board shall not issue an initial or renewed license for an outsourcing facility
155.31unless the facility passes an inspection conducted by an authorized representative of the
155.32board. In the case of an outsourcing facility located outside of the state, the board may
155.33require the applicant to pay the cost of the inspection, in addition to the license fee in
155.34section 151.065, unless the applicant furnishes the board with a report, issued by the
155.35appropriate regulatory agency of the state in which the facility is located or by the United
156.1States Food and Drug Administration, of an inspection that has occurred within the 24
156.2months immediately preceding receipt of the license application by the board. The board
156.3may deny licensure unless the applicant submits documentation satisfactory to the board
156.4that any deficiencies noted in an inspection report have been corrected.
Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
Subdivision 1. Generally.
Nothing in this chapter shall subject a person duly
licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
by the State Board of Pharmacy, nor prevent the person from administering drugs,
medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
chemicals, or poisons as may be considered appropriate in the treatment of such patient;
unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
provides reasonable notice of an inspection.
Except for the provisions of section
, nothing in this chapter applies to or
interferes with the dispensing, in its original package and at no charge to the patient, of
a legend drug
, other than a controlled substance,
that was packaged by a manufacturer
and provided to the dispenser for
as a professional sample, so
156.19long as the sample is prepared and distributed pursuant to Code of Federal Regulations,
156.20title 21, section 203, subpart D
Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
practice, nor to hospitals for use therein.
Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
sale of insecticides, as defined in Minnesota Statutes 1974, section
, and nothing in
this chapter shall prevent the sale of common household preparations and other drugs,
chemicals, and poisons sold exclusively for use for nonmedicinal purposes
156.29that this exception does not apply to any compound, substance, or derivative that is not
156.30approved for human consumption by the United States Food and Drug Administration
156.31or specifically permitted for human consumption under Minnesota law and, when
156.32introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
156.33controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
156.34parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
156.35purpose of human consumption.
Nothing in this chapter shall apply to or interfere with the vending or retailing of
any nonprescription medicine or drug not otherwise prohibited by statute
prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
cosmetics, perfumes, spices, and other commonly used household articles of a chemical
nature, for use for nonmedicinal purposes
.; provided that this exception does not apply
157.8to any compound, substance, or derivative that is not approved for human consumption
157.9by the United States Food and Drug Administration or specifically permitted for human
157.10consumption under Minnesota law that, when introduced into the body, induces an effect
157.11similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
157.12subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
157.13whether the substance is marketed for the purpose of human consumption.
this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
discount to persons over 65 years of age.
Sec. 12. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
Subd. 2. After January 1, 1983.
(a) No legend drug in solid oral dosage form
may be manufactured, packaged or distributed for sale in this state after January 1, 1983
unless it is clearly marked or imprinted with a symbol, number, company name, words,
letters, national drug code or other mark uniquely identifiable to that drug product. An
identifying mark or imprint made as required by federal law or by the federal Food and
Drug Administration shall be deemed to be in compliance with this section.
(b) The Board of Pharmacy may grant exemptions from the requirements of this
section on its own initiative or upon application of a manufacturer, packager, or distributor
indicating size or other characteristics
render the product impractical for the
imprinting required by this section.
(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
157.28 (1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
157.29 January 1, 1983, and held in stock for resale.
157.30 (2) Drugs which are manufactured by or upon the order of a practitioner licensed by
157.31 law to prescribe or administer drugs and which are to be used solely by the patient for
157.32 whom prescribed.
Sec. 13. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
10, section 5, is amended to read:
158.4151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
Subdivision 1. Prohibition.
Except as otherwise provided in this chapter, it shall be
unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
distribute a legend drug.
Subd. 2. Prescribing and filing.
(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and supervision, and may cause a
person who is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by directing a licensed dietitian or
licensed nutritionist, pursuant to section
; a nurse, pursuant to section
subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section
(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section
144.4198, subdivision 2
, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
(c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
(d) A prescription
drug order for the following drugs is not valid, unless it can
be established that the prescription
order was based on a documented patient
evaluation, including an examination, adequate to establish a diagnosis and identify
underlying conditions and contraindications to treatment:
(1) controlled substance drugs listed in section
152.02, subdivisions 3
(2) drugs defined by the Board of Pharmacy as controlled substances under section
159.24152.02, subdivisions 7
, 8, and 12;
(3) muscle relaxants;
(4) centrally acting analgesics with opioid activity;
(5) drugs containing butalbital; or
(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
(e) For the purposes of paragraph (d), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:
(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;
(2) the prescribing practitioner has performed a prior examination of the patient;
(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;
(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or
(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.
(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).
(g) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.
(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.
(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section
151.19, subdivision 1
, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (d).
(j) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section
151.19, subdivision 2
, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (d).
(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
treatment of a communicable disease according to the Centers For Disease Control and
Prevention Partner Services Guidelines.
Subd. 2a. Delegation.
A supervising physician may delegate to a physician assistant
who is registered with the Board of Medical Practice and certified by the National
Commission on Certification of Physician Assistants and who is under the supervising
physician's supervision, the authority to prescribe, dispense, and administer legend drugs
and medical devices, subject to the requirements in chapter 147A and other requirements
established by the Board of Medical Practice in rules.
Subd. 3. Veterinarians.
A licensed doctor of veterinary medicine, in the course of
professional practice only and not for use by a human being, may personally prescribe,
administer, and dispense a legend drug, and may cause the same to be administered or
dispensed by an assistant under the doctor's direction and supervision.
Subd. 4. Research.
(a) Any qualified person may use legend drugs in the course
of a bona fide research project, but cannot administer or dispense such drugs to human
beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
authorized to do so.
(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
use by, or administration to, patients enrolled in a bona fide research study that is being
conducted pursuant to either an investigational new drug application approved by the
United States Food and Drug Administration or that has been approved by an institutional
review board. For the purposes of this subdivision only:
(1) a prescription drug order is not required for a pharmacy to dispense a research
drug, unless the study protocol requires the pharmacy to receive such an order;
(2) notwithstanding the prescription labeling requirements found in this chapter or
the rules promulgated by the board, a research drug may be labeled as required by the
(3) dispensing and distribution of research drugs by pharmacies shall not be
or wholesaling under this chapter
161.21(4) a pharmacy may compound drugs for research studies as provided in
161.22this subdivision but must follow applicable standards established by United States
161.23Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
(c) An entity that is under contract to a federal agency for the purpose of distributing
drugs for bona fide research studies is exempt from the drug wholesaler licensing
requirements of this chapter. Any other entity is exempt from the drug wholesaler
licensing requirements of this chapter if the board finds that the entity is licensed or
registered according to the laws of the state in which it is physically located and it is
distributing drugs for use by, or administration to, patients enrolled in a bona fide research
study that is being conducted pursuant to either an investigational new drug application
approved by the United States Food and Drug Administration or that has been approved
by an institutional review board.
Subd. 5. Exclusion for course of practice.
Nothing in this chapter shall prohibit
the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
practitioners while acting within the course of their practice only.
Subd. 6. Exclusion for course of employment.
(a) Nothing in this chapter shall
prohibit the possession of a legend drug by an employee, agent, or sales representative of
a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
or registered pharmacy, while acting in the course of employment.
(b) Nothing in this chapter shall prohibit the following entities from possessing a
legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
(1) a law enforcement officer;
(2) a hazardous waste transporter licensed by the Department of Transportation;
(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
hazardous waste, including household hazardous waste;
(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
very small quantity generator collection program or a minimal generator;
(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
a program in compliance with applicable federal law or a person authorized by the county
to conduct one or more of these activities; or
(6) a sanitary district organized under chapter 115, or a special law.
Subd. 7. Exclusion for prescriptions.
(a) Nothing in this chapter shall prohibit the
possession of a legend drug by a person for that person's use when it has been dispensed to
the person in accordance with a valid prescription issued by a practitioner.
(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
been dispensed in accordance with a written or oral prescription by a practitioner, from
designating a family member, caregiver, or other individual to handle the legend drug for
the purpose of assisting the person in obtaining or administering the drug or sending
the drug for destruction.
(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
been dispensed in accordance with a valid prescription issued by a practitioner from
transferring the legend drug to a county that collects, stores, transports, or disposes of a
legend drug pursuant to a program in compliance with applicable federal law or to a
person authorized by the county to conduct one or more of these activities.
Subd. 8. Misrepresentation.
It is unlawful for a person to procure, attempt to
procure, possess, or control a legend drug by any of the following means:
(1) deceit, misrepresentation, or subterfuge;
(2) using a false name; or
(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
obtaining a legend drug.
Subd. 9. Exclusion for course of laboratory employment.
Nothing in this chapter
shall prohibit the possession of a legend drug by an employee or agent of a registered
analytical laboratory while acting in the course of laboratory employment.
Subd. 10. Purchase of drugs and other agents by commissioner of health.
commissioner of health, in preparation for and in carrying out the duties of sections
may purchase, store, and distribute antituberculosis
drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
163.13 Subd. 10a. Emergency use authorizations. Nothing in this chapter shall prohibit
163.14the purchase, possession, or use of a legend drug by an entity acting according to an
163.15emergency use authorization issued by the United States Food and Drug Administration
163.16pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically
163.17tasked in a public health response plan to perform critical functions necessary to support
163.18the response to a public health incident or event.
Complaint reporting Exclusion for health care educational programs.
163.20 The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
163.21 complaints received regarding the prescription or administration of legend drugs under
148.576 . Nothing in this section shall prohibit an accredited public or private
163.23postsecondary school from possessing a legend drug that is not a controlled substance
163.24listed in section 152.02, provided that:
163.25(a) the school is approved by the United States secretary of education in accordance
163.26with requirements of the Higher Education Act of 1965, as amended;
163.27(b) the school provides a course of instruction that prepares individuals for
163.28employment in a health care occupation or profession;
163.29(c) the school may only possess those drugs necessary for the instruction of such
163.31(d) the drugs may only be used in the course of providing such instruction and are
163.32labeled by the purchaser to indicate that they are not to be administered to patients.
163.33Those areas of the school in which legend drugs are stored are subject to section
163.34151.06, subdivision 1, paragraph (a), clause (4).
Sec. 14. Minnesota Statutes 2012, section 151.44, is amended to read:
As used in sections
, the following terms have the meanings given
in paragraphs (a) to (h):
(a) "Wholesale drug distribution" means distribution of prescription or
nonprescription drugs to persons other than a consumer or patient or reverse distribution
of such drugs, but does not include:
(1) a sale between a division, subsidiary, parent, affiliated, or related company under
the common ownership and control of a corporate entity;
(2) the purchase or other acquisition, by a hospital or other health care entity that is a
member of a group purchasing organization, of a drug for its own use from the organization
or from other hospitals or health care entities that are members of such organizations;
(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;
(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common control;
(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
for emergency medical reasons;
(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription;
(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
another retail pharmacy to alleviate a temporary shortage;
(8) the distribution of prescription or nonprescription drug samples by manufacturers
(9) the sale, purchase, or trade of blood and blood components.
(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
distribution including, but not limited to, manufacturers;
distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
warehouses, chain drug warehouses, and wholesale drug warehouses; independent
wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
wholesale drug distributor does not include a common carrier or individual hired primarily
to transport prescription or nonprescription drugs.
means anyone who is engaged in the manufacturing, preparing,
165.2 propagating, compounding, processing, packaging, repackaging, or labeling of a
165.3 prescription drug has the meaning provided in section 151.01, subdivision 14b
(d) "Prescription drug" means a drug required by federal or state law or regulation
to be dispensed only by a prescription, including finished dosage forms and active
ingredients subject to United States Code, title 21, sections 811 and 812.
(e) "Blood" means whole blood collected from a single donor and processed either
for transfusion or further manufacturing.
(f) "Blood components" means that part of blood separated by physical or
(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
received from or shipped to Minnesota locations for the purpose of returning the drugs
to their producers or distributors.
(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.
Sec. 15. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
Subd. 2. Definitions.
For purposes of this section only, the terms defined in this
subdivision have the meanings given.
(a) "Automated drug distribution system" or "system" means a mechanical system
approved by the board that performs operations or activities, other than compounding or
administration, related to the storage, packaging, or dispensing of drugs, and collects,
controls, and maintains all required transaction information and records.
(b) "Health care facility" means a nursing home licensed under section
a housing with services establishment registered under section
144D.01, subdivision 4
in which a home provider licensed under chapter 144A is providing centralized storage
of medications; or a
community behavioral health hospital or
Minnesota sex offender
program facility operated by the Department of Human Services.
(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
is responsible for the operation of an automated drug distribution system.
Sec. 16. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
Subd. 3. Authorization.
A pharmacy may use an automated drug distribution
system to fill prescription drug orders for patients of a health care facility provided that the
165.32policies and procedures required by this section have been approved by the board
automated drug distribution system may be located in a health care facility that is not at
the same location as the managing pharmacy. When located within a health care facility,
the system is considered to be an extension of the managing pharmacy.
Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
Subd. 5. Operation of automated drug distribution systems.
(a) The managing
pharmacy and the pharmacist in charge are responsible for the operation of an automated
drug distribution system.
(b) Access to an automated drug distribution system must be limited to pharmacy
and nonpharmacy personnel authorized to procure drugs from the system, except that field
service technicians may access a system located in a health care facility for the purposes of
servicing and maintaining it while being monitored either by the managing pharmacy, or a
licensed nurse within the health care facility. In the case of an automated drug distribution
system that is not physically located within a licensed pharmacy, access for the purpose
of procuring drugs shall be limited to licensed nurses. Each person authorized to access
the system must be assigned an individual specific access code. Alternatively, access to
the system may be controlled through the use of biometric identification procedures. A
policy specifying time access parameters, including time-outs, logoffs, and lockouts,
must be in place.
(c) For the purposes of this section only, the requirements of section
if the following clauses are met:
(1) a pharmacist employed by and working at the managing pharmacy, or at a
166.21pharmacy that is acting as a central services pharmacy for the managing pharmacy,
166.22pursuant to Minnesota Rules, part 6800.4075,
must review, interpret, and approve all
prescription drug orders before any drug is distributed from the system to be administered
to a patient. A pharmacy technician may perform data entry of prescription drug orders
provided that a pharmacist certifies the accuracy of the data entry before the drug can
be released from the automated drug distribution system. A pharmacist employed by
166.27and working at the managing pharmacy
must certify the accuracy of the filling of any
cassettes, canisters, or other containers that contain drugs that will be loaded into the
automated drug distribution system; and
(2) when the automated drug dispensing system is located and used within the
managing pharmacy, a pharmacist must personally supervise and take responsibility for all
packaging and labeling associated with the use of an automated drug distribution system.
(d) Access to drugs when a pharmacist has not reviewed and approved the
prescription drug order is permitted only when a formal and written decision to allow such
access is issued by the pharmacy and the therapeutics committee or its equivalent. The
committee must specify the patient care circumstances in which such access is allowed,
the drugs that can be accessed, and the staff that are allowed to access the drugs.
(e) In the case of an automated drug distribution system that does not utilize bar
coding in the loading process, the loading of a system located in a health care facility may
be performed by a pharmacy technician, so long as the activity is continuously supervised,
through a two-way audiovisual system by a pharmacist on duty within the managing
pharmacy. In the case of an automated drug distribution system that utilizes bar coding
in the loading process, the loading of a system located in a health care facility may be
performed by a pharmacy technician or a licensed nurse, provided that the managing
pharmacy retains an electronic record of loading activities.
(f) The automated drug distribution system must be under the supervision of a
pharmacist. The pharmacist is not required to be physically present at the site of the
automated drug distribution system if the system is continuously monitored electronically
by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
board must be continuously available to address any problems detected by the monitoring
or to answer questions from the staff of the health care facility. The licensed pharmacy
may be the managing pharmacy or a pharmacy which is acting as a central services
pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.
Sec. 18. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is
amended to read:
Subd. 2. Schedule I.
(a) Schedule I consists of the substances listed in this
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
the following substances, including their analogs, isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
ethers, and salts is possible:
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
(6) alpha-methylfentanyl benzethidine;
(19) dioxaphetyl butyrate;
(32) benzylfentanyl beta-hydroxyfentanyl;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
169.12(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
and salts of isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(4) codeine methylbromide;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(d) Hallucinogens. Any material, compound, mixture or preparation which contains
any quantity of the following substances, their analogs, salts, isomers (whether optical,
positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
isomers is possible:
(1) methylenedioxy amphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
(13) 3,4,5-trimethoxy amphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(16) lysergic acid diethylamide (LSD);
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f]benzofuran-4-yl)ethanamine
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(e) Peyote. All parts of the plant presently classified botanically as Lophophora
williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
of the American Indian Church, and members of the American Indian Church are exempt
from registration. Any person who manufactures peyote for or distributes peyote to the
American Indian Church, however, is required to obtain federal registration annually and
to comply with all other requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed
in another schedule, any material compound, mixture, or preparation which contains any
quantity of the following substances, their analogs, salts, isomers, and salts of isomers
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
the analogs, salts, isomers, and salts of isomers is possible:
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) naphthylpyrovalerone (naphyrone);
173.4(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
173.6(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
173.8 (22) (24)
any other substance, except bupropion or compounds listed under a
different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
specifically excepted or unless listed in another schedule, any natural or synthetic material,
compound, mixture, or preparation that contains any quantity of the following substances,
their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of the isomers, esters, ethers, or salts is possible:
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
synthetic equivalents of the substances contained in the cannabis plant or in the
resinous extractives of the plant, or synthetic substances with similar chemical structure
and pharmacological activity to those substances contained in the plant or resinous
extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
substituted in the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a
3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
further substituted in the pyrrole ring to any extent, whether or not substituted in the
naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
(iv) Naphthylmethylindenes, which are any compounds containing a
naphthylideneindene structure with substitution at the 3-position of the indene
ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
substituted in the indene ring to any extent, whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent, whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(Cannabicyclohexanol or CP 47,497 C8 homologue);
-phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent and whether or not substituted in the phenyl ring to any extent. Examples of
benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(WIN 48,098 or Pravadoline).
(viii) Others specifically named:
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
(i) A controlled substance analog, to the extent that it is implicitly or explicitly
intended for human consumption.
Sec. 19. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
113, article 3, section 3, is amended to read:
CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
176.20 REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
Subdivision 1. Definitions. (a)
For purposes of this section, the terms defined in
this subdivision have the meanings given.
"Board" means the Minnesota State Board of Pharmacy established under
"Controlled substances" means those substances listed in section
subdivisions 3 to
, and those substances defined by the board pursuant to section
176.27152.02, subdivisions 7
, 8, and 12. For the purposes of this section, controlled substances
176.28includes tramadol and butalbital.
"Dispense" or "dispensing" has the meaning given in section
. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.
"Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription. For the purposes of this section, a dispenser
does not include a licensed hospital pharmacy that distributes controlled substances for
inpatient hospital care, a licensed pharmacy, located on the same premises as a residential
177.1hospice, when the licensed pharmacy is dispensing controlled substances to be used
177.2by an individual who is a resident of the hospice
or a veterinarian who is dispensing
prescriptions under section
"Prescriber" means a licensed health care professional who is authorized to
prescribe a controlled substance under section
152.12, subdivision 1 or 2
"Prescription" has the meaning given in section
151.01, subdivision 16
Subd. 1a. Treatment of intractable pain.
This section is not intended to limit or
interfere with the legitimate prescribing of controlled substances for pain. No prescriber
shall be subject to disciplinary action by a health-related licensing board for prescribing a
controlled substance according to the provisions of section
Subd. 2. Prescription electronic reporting system.
(a) The board shall establish
by January 1, 2010, an electronic system for reporting the information required under
subdivision 4 for all controlled substances dispensed within the state.
(b) The board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, operation, and maintenance of the electronic
Subd. 3. Prescription
Electronic Reporting Monitoring Program Advisory
177.18 Committee Task Force.
(a) The board
shall convene may appoint
177.19 The committee must include task force consisting of
at least one representative of:
(1) the Department of Health;
(2) the Department of Human Services;
(3) each health-related licensing board that licenses prescribers;
(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;
(5) a professional pharmacy association;
(6) a professional nursing association;
(7) a professional dental association;
(8) a consumer privacy or security advocate;
(9) a consumer or patient rights organization
177.30 (10) an association of medical examiners and coroners.
(b) The advisory
committee task force
shall advise the board on the development and
operation of the
electronic reporting system prescription monitoring program
but not limited to:
(1) technical standards for electronic prescription drug reporting;
(2) proper analysis and interpretation of prescription monitoring data;
(3) an evaluation process for the program; and
178.1 (4) criteria for the unsolicited provision of prescription monitoring data by the
178.2board to prescribers and dispensers
178.3(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
178.4subdivision 5, the task force shall not expire.
Subd. 4. Reporting requirements; notice.
(a) Each dispenser must submit the
following data to the board or its designated vendor
, subject to the notice required under
178.7 paragraph (d)
(1) name of the prescriber;
(2) national provider identifier of the prescriber;
(3) name of the dispenser;
(4) national provider identifier of the dispenser;
(5) prescription number;
(6) name of the patient for whom the prescription was written;
(7) address of the patient for whom the prescription was written;
(8) date of birth of the patient for whom the prescription was written;
(9) date the prescription was written;
(10) date the prescription was filled;
(11) name and strength of the controlled substance;
(12) quantity of controlled substance prescribed;
(13) quantity of controlled substance dispensed; and
(14) number of days supply.
(b) The dispenser must submit the required information by a procedure and in a
format established by the board. The board may allow dispensers to omit data listed in this
subdivision or may require the submission of data not listed in this subdivision provided
the omission or submission is necessary for the purpose of complying with the electronic
reporting or data transmission standards of the American Society for Automation in
Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
(c) A dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for:
(1) individuals residing in licensed skilled nursing or intermediate care facilities;
178.32 (2) individuals receiving assisted living services under chapter 144G or through a
178.33 medical assistance home and community-based waiver;
178.34 (3) individuals receiving medication intravenously;
178.35 (4) individuals receiving hospice and other palliative or end-of-life care; and
179.1 (5) individuals receiving services from a home care provider regulated under chapter
179.3 (1) individuals residing in a health care facility as defined in section 151.58,
179.4subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
179.5drug distribution system according to section 151.58; and
179.6 (2) individuals receiving a drug sample that was packaged by a manufacturer and
179.7provided to the dispenser for dispensing as a professional sample pursuant to Code of
179.8Federal Regulations, title 21, section 203, subpart D.
(d) A dispenser must
not submit data under this subdivision unless provide to the
179.10patient for whom the prescription was written
a conspicuous notice of the reporting
requirements of this section
is given to the patient for whom the prescription was written
179.12 and notice that the information may be used for program administration purposes
Subd. 5. Use of data by board.
(a) The board shall develop and maintain a database
of the data reported under subdivision 4. The board shall maintain data that could identify
an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
179.16under subdivision 6,
the database may be used by permissible users identified under
subdivision 6 for the identification of:
(1) individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or with a
frequency inconsistent with generally recognized standards of use for those controlled
substances, including standards accepted by national and international pain management
(2) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.
(b) No permissible user identified under subdivision 6 may access the database
for the sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.
(c) No personnel of a state or federal occupational licensing board or agency may
access the database for the purpose of obtaining information to be used to initiate or
substantiate a disciplinary action against a prescriber when the disciplinary action relates
179.31to allegations involving unusual or excessive prescribing of the drugs for which data
179.32is collected under subdivision 4
(d) Data reported under subdivision 4 shall be
retained by the board in the
179.34 database for a 12-month period, and shall be removed from the database no later than 12
179.35 months from the last day of the month during which the data was received . made available
179.36to permissible users for a 12-month period beginning the day the data was received and
180.1ending 12 months from the last day of the month in which the data was received, except
180.2that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may
180.3use all data collected under this section for the purposes of administering, operating, and
180.4maintaining the prescription monitoring program and conducting trend analyses and other
180.5studies necessary to evaluate the effectiveness of the program.
180.6(e) The board shall not retain data reported under subdivision 4 for a period longer
180.7than five years from the date the data was received.
Subd. 6. Access to reporting system data.
(a) Except as indicated in this
subdivision, the data submitted to the board under subdivision 4 is private data on
individuals as defined in section
13.02, subdivision 12
, and not subject to public disclosure.
(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:
(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is prescribing or considering prescribing any
controlled substance or to whom the prescriber is providing other medical treatment for
180.19which access to the data may be necessary
and with the provision that the prescriber remains
responsible for the use or misuse of data accessed by a delegated agent or employee;
(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically
to a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;
180.26 (3) a licensed pharmacist who is providing pharmaceutical care for which access to
180.27the data may be necessary to the extent that the information relates specifically to a current
180.28patient for whom the pharmacist is providing pharmaceutical care;
an individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4, or a guardian of the individual, parent or
guardian of a minor, or health care agent of the individual acting under a health care
directive under chapter 145C;
the a health-related licensing
specifically listed in section
180.34214.01, subdivision 2, or the Emergency Medical Services Regulatory Board,
conduct a bona fide investigation of a complaint received by that board alleging that a
specific licensee is impaired by use of a drug for which data is collected under subdivision
181.14, has engaged in activity that would constitute a crime as defined in section 152.025, or
181.2has engaged in the behavior specified in section 152.126, subdivision 5, paragraph (a)
personnel of the board engaged in the collection, review, and analysis
of controlled substance prescription information as part of the assigned duties and
responsibilities under this section;
authorized personnel of a vendor under contract with the
board state of
who are engaged in the design, implementation, operation, and maintenance of
electronic reporting system prescription monitoring program
as part of the assigned
duties and responsibilities of their employment, provided that access to data is limited to
the minimum amount necessary to carry out such duties and responsibilities;
federal, state, and local law enforcement authorities acting pursuant to a
valid search warrant;
personnel of the
medical assistance program Minnesota health care programs
assigned to use the data collected under this section to identify and manage
whose usage of controlled substances may warrant restriction to a single primary care
, a single outpatient pharmacy,
a single hospital;
181.17 (9) (10)
personnel of the Department of Human Services assigned to access the
data pursuant to paragraph (h)
181.19(11) a coroner or medical examiner, or an agent or employee of the coroner or
181.20medical examiner to whom the coroner or medical examiner has delegated the task of
181.21accessing the data, conducting an investigation pursuant to section 390.11, and with the
181.22provision that the coroner or medical examiner remains responsible for the use or misuse
181.23of data accessed by a delegated agent or employee; and
181.24(12) personnel of the health professionals services program established under
181.25section 214.31, to the extent that the information relates specifically to an individual who
181.26is currently enrolled in and being monitored by the program. The health professionals
181.27services program personnel shall not provide this data to a health-related licensing board
181.28or the Emergency Medical Services Regulatory Board, except as permitted under section
181.29214.33, subdivision 3.
For purposes of clause
, access by an individual includes persons in the
definition of an individual under section
permissible user identified in paragraph (b),
who clauses (1), (2), (3), (6),
181.33(7), (9), (10), and (11) may
the data electronically
,. If the data
181.34is directly accessed electronically, the permissible user
shall implement and maintain a
comprehensive information security program that contains administrative, technical,
and physical safeguards that are appropriate to the user's size and complexity, and the
sensitivity of the personal information obtained. The permissible user shall identify
reasonably foreseeable internal and external risks to the security, confidentiality, and
integrity of personal information that could result in the unauthorized disclosure, misuse,
or other compromise of the information and assess the sufficiency of any safeguards in
place to control the risks.
(d) The board shall not release data submitted under
this section subdivision 4
it is provided with evidence, satisfactory to the board, that the person requesting the
information is entitled to receive the data.
(e) The board shall not release the name of a prescriber without the written consent
182.10 of the prescriber or a valid search warrant or court order. The board shall provide a
182.11 mechanism for a prescriber to submit to the board a signed consent authorizing the release
182.12 of the prescriber's name when data containing the prescriber's name is requested.
182.13 (f) (e)
The board shall maintain a log of all persons who access the data for a period
182.14of at least three years
and shall ensure that any permissible user complies with paragraph
(c) prior to attaining direct access to the data.
13.05, subdivision 6
, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for
any purpose not specified in this section.
182.19(g) The board may participate in an interstate prescription monitoring program data
182.20exchange system provided that permissible users in other states have access to the data
182.21only as allowed under this section, and that section 13.05, subdivision 6, applies to any
182.22contract or memorandum of understanding that the board enters into under this paragraph.
(h) With available appropriations, the commissioner of human services shall
establish and implement a system through which the Department of Human Services shall
routinely access the data for the purpose of determining whether any client enrolled in
an opioid treatment program licensed according to chapter 245A has been prescribed or
dispensed a controlled substance in addition to that administered or dispensed by the
opioid treatment program. When the commissioner determines there have been multiple
prescribers or multiple prescriptions of controlled substances, the commissioner shall:
(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and
(2) direct the medical director of the opioid treatment program to access the data
directly, review the effect of the multiple prescribers or multiple prescriptions, and
document the review.
If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
, item (c), prior to implementing this paragraph.
183.4(i) The board may provide data submitted under subdivision 4 for public research,
183.5policy, or education purposes, but only after the removal of any information that is likely
183.6to reveal the identity of the patient, prescriber, or dispenser who is the subject of the data.
183.7(j) The board shall review the data submitted under subdivision 4 on at least a
183.8quarterly basis and shall establish criteria, in consultation with the advisory task force,
183.9for referring information about a patient to prescribers and dispensers who prescribed or
183.10dispensed the prescriptions in question if the criteria are met.
Subd. 7. Disciplinary action.
(a) A dispenser who knowingly fails to submit data to
the board as required under this section is subject to disciplinary action by the appropriate
health-related licensing board.
(b) A prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of health care data
shall be subject to disciplinary action by the appropriate health-related licensing board,
and appropriate civil penalties.
Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
183.19 electronic reporting system to determine if the system is negatively impacting appropriate
183.20 prescribing practices of controlled substances. The board may contract with a vendor to
183.21 design and conduct the evaluation.
183.22 (b) The board shall submit the evaluation of the system to the legislature by July
183.23 15, 2011.
Subd. 9. Immunity from liability; no requirement to obtain information.
pharmacist, prescriber, or other dispenser making a report to the program in good faith
under this section is immune from any civil, criminal, or administrative liability, which
might otherwise be incurred or imposed as a result of the report, or on the basis that the
pharmacist or prescriber did or did not seek or obtain or use information from the program.
(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
to obtain information about a patient from the program, and the pharmacist, prescriber,
or other dispenser, if acting in good faith, is immune from any civil, criminal, or
administrative liability that might otherwise be incurred or imposed for requesting,
receiving, or using information from the program.
Subd. 10. Funding.
(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription
electronic reporting system monitoring
established under this section. Any funds received shall be appropriated to the
board for this purpose. The board may not expend funds to enhance the program in a way
that conflicts with this section without seeking approval from the legislature.
(b) Notwithstanding any other section,
the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, the Board of Veterinary Medicine,
and the Board of Pharmacy an amount to
be paid through fees by each respective board. The amount apportioned to each board
shall equal each board's share of the annual appropriation to the Board of Pharmacy
from the state government special revenue fund for operating the prescription
184.11 reporting system monitoring program
under this section. Each board's apportioned share
shall be based on the number of prescribers or dispensers that each board identified in
this paragraph licenses as a percentage of the total number of prescribers and dispensers
licensed collectively by these boards. Each respective board may adjust the fees that the
boards are required to collect to compensate for the amount apportioned to each board by
the administrative services unit.
184.17EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 20. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
184.20The Board of Pharmacy, in collaboration with the Prescription Monitoring Program
184.21Advisory Task Force, shall study program database and report to the chairs and ranking
184.22minority members of the senate health and human services policy and finance division and
184.23the house of representatives health and human services policy and finance committees by
184.24December 15, 2014, with recommendations on whether or not to (1) require the use of
184.25the prescription monitoring by prescribers when prescribing or considering prescribing,
184.26and pharmacists when dispensing or considering dispensing, a controlled substance as
184.27defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); and (2)
184.28allow for the use of the prescription monitoring program database to identify potentially
184.29inappropriate prescribing of controlled substances.
||Available for the Year
||Ending June 30
|Section 1. APPROPRIATIONS
185.5This appropriation is from the state
185.6government special revenue fund for board
185.7member per diem payments and licensing
|Board of Behavioral Health and Therapy
185.10This appropriation is from the state
185.11government special revenue fund for board
185.12member per diem payments.
|Board of Chiropractic Examiners
185.14This appropriation is from the state
185.15government special revenue fund for board
185.16member per diem payments.
|Board of Dentistry
185.18This appropriation is from the state
185.19government special revenue fund for board
185.20member per diem payments.
|Board of Dietetics and Nutrition Practice
185.22This appropriation is from the state
185.23government special revenue fund for board
185.24member per diem payments and licensing
|Board of Marriage and Family Therapy
185.27This appropriation is from the state
185.28government special revenue fund for board
185.29member per diem payments.
|Board of Medical Practice
185.31This appropriation is from the state
185.32government special revenue fund for board
186.1member per diem payments and licensing
|Board of Nursing
186.4This appropriation is from the state
186.5government special revenue fund for board
186.6member per diem payments.
|Board of Nursing Home Administrators
186.8This appropriation is from the state
186.9government special revenue fund for board
186.10member per diem payments.
|Board of Optometry
186.12This appropriation is from the state
186.13government special revenue fund for board
186.14member per diem payments.
|Board of Pharmacy
186.16This appropriation is from the state
186.17government special revenue fund for board
186.18member per diem payments.
|Board of Physical Therapy
186.20This appropriation is from the state
186.21government special revenue fund for board
186.22member per diem payments.
|Board of Podiatric Medicine
186.24This appropriation is from the state
186.25government special revenue fund for board
186.26member per diem payments.
|Board of Psychology
186.28This appropriation is from the state
186.29government special revenue fund for board
186.30member per diem payments and licensing
|Board of Social Work
187.1This appropriation is from the state
187.2government special revenue fund for board
187.3member per diem payments.
|Board of Veterinary Medicine
Sec. 2. APPROPRIATION.
187.5(a) $210,000 in fiscal year 2015 is appropriated from the state government special
187.6revenue fund to the Board of Pharmacy to implement changes to the prescription monitoring
187.7program. The base for this appropriation is $171,000 in fiscal years 2016 and 2017.
187.8(b) $5,000 in fiscal year 2015 is appropriated from the state government special
187.9revenue fund to the Board of Pharmacy for costs attributable to the board's cease and