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Capital IconMinnesota Legislature

HF 2402

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/06/2014 08:38am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35
2.36 2.37
2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16
4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19
5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32
6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28
7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19
9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17
11.18
11.19 11.20 11.21 11.22 11.23
11.24 11.25
11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30
12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26
13.27 13.28
13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30
14.31
14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10
15.11 15.12
15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34
17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2
18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25
18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7
19.8
19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19
19.20
19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18
21.19 21.20 21.21 21.22
21.23
21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18
23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29
23.30 23.31
23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20
25.21 25.22 25.23
25.24 25.25 25.26 25.27 25.28 25.29 25.30
25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14
26.15 26.16 26.17 26.18 26.19 26.20
26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15
27.16
27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27
27.28
27.29 27.30 27.31 27.32 28.1 28.2
28.3
28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13
28.14 28.15 28.16 28.17 28.18 28.19
28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27
28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7
29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32
29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13
30.14 30.15 30.16 30.17
30.18 30.19 30.20 30.21
30.22 30.23 30.24 30.25 30.26 30.27
30.28 30.29 30.30 30.31 30.32 31.1 31.2
31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27
31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8
33.9 33.10 33.11 33.12 33.13
33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32
33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32
34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 35.36 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16
36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19
37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21
38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7
39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4
40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18
40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 42.36 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17
44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19
45.20 45.21 45.22 45.23 45.24 45.25
45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20
46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11
47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10
48.11 48.12
48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28
48.29
48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12
49.13
49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23
49.24
49.25 49.26 49.27 49.28 49.29
49.30
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9
50.10
50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21
50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30
53.31
53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14
54.15
54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5
55.6
55.7 55.8 55.9 55.10 55.11 55.12
55.13
55.14 55.15 55.16 55.17 55.18 55.19 55.20
55.21
55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30
56.1 56.2
56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36
64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 65.36 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 66.36 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19
68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 71.36 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 72.36 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 73.36 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 76.36 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 77.36 78.1 78.2 78.3 78.4
78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7
79.8 79.9 79.10 79.11 79.12 79.13
79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23
79.24 79.25 79.26 79.27
79.28 79.29 79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16
80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35
82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32
82.33 82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 83.36 84.1 84.2 84.3 84.4 84.5 84.6
84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11
85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8
86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25
86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 87.36 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 88.36 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 90.35 90.36 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22
92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 93.36
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14
94.15 94.16 94.17 94.18 94.19 94.20 94.21
94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 95.36 96.1 96.2
96.3 96.4
96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20
96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6
97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8
98.9
98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11
99.12 99.13 99.14 99.15 99.16 99.17 99.18
99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28
99.29 99.30 99.31 99.32 100.1 100.2
100.3 100.4 100.5 100.6 100.7 100.8
100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30
100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17
101.18 101.19
101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21
102.22 102.23
102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 103.1 103.2 103.3 103.4
103.5 103.6 103.7
103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23
103.24 103.25
103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19
104.20
104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 105.35 105.36 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11
106.12
106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4
107.5
107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23
107.24
107.25 107.26 107.27 107.28 107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17
108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27
108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2
109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4
110.5 110.6 110.7
110.8 110.9 110.10 110.11 110.12
110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12
112.13
112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 113.36 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10
114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30
114.31 114.32 114.33 114.34 115.1 115.2 115.3 115.4 115.5 115.6 115.7
115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25
115.26
115.27 115.28 115.29 115.30 115.31 115.32 115.33
116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 116.36 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28
117.29 117.30 117.31 117.32 117.33 117.34 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23
118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 119.1 119.2 119.3 119.4 119.5
119.6 119.7 119.8
119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28
119.29 119.30
120.1 120.2
120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12
120.13 120.14 120.15 120.16 120.17 120.18 120.19
120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27
120.28 120.29 120.30 120.31 121.1 121.2
121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23
121.24 121.25 121.26 121.27 121.28 121.29 121.30
121.31 121.32 122.1 122.2 122.3 122.4
122.5 122.6 122.7 122.8
122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32
122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7
123.8 123.9 123.10 123.11 123.12 123.13
123.14 123.15 123.16 123.17 123.18 123.19
123.20 123.21 123.22 123.23 123.24 123.25
123.26 123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 124.36 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 126.36 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 127.36 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 128.36 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33
129.34 130.1 130.2 130.3 130.4 130.5
130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30
130.31 130.32 131.1 131.2 131.3 131.4
131.5 131.6 131.7 131.8 131.9 131.10
131.11 131.12 131.13 131.14 131.15 131.16 131.17
131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 132.1 132.2 132.3 132.4 132.5
132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2 134.3 134.4 134.5 134.6 134.7
134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18
134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27
134.28 134.29 134.30 134.31 134.32 134.33 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21
135.22 135.23 135.24 135.25 135.26 135.27 135.28
135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 136.36 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 137.36 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 138.36 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13
139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31
139.32 139.33 139.34 140.1 140.2 140.3
140.4 140.5
140.6 140.7 140.8 140.9 140.10 140.11 140.12
140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25
140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2 141.3 141.4
141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27
142.28 142.29 142.30 142.31
142.32 142.33 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22
143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 144.1 144.2 144.3 144.4
144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19
145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 146.1 146.2
146.3 146.4 146.5 146.6 146.7 146.8 146.9
146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11
147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11
148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11
149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35 150.1 150.2
150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6
151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31
152.32 152.33 152.34 152.35 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10
153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 154.35 154.36
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14
155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24
155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 156.1 156.2
156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11
156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30
157.31
157.32 157.33 157.34 157.35 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34
158.35
159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2
160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21
160.22
160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25
161.26 161.27 161.28 161.29 161.30 161.31
161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7
162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24
162.25 162.26 162.27 162.28 162.29 162.30 162.31
162.32 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25
163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 164.36 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17
165.18
165.19 165.20
165.21 165.22
165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14
167.15
167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30
167.31
167.32 168.1 168.2 168.3 168.4
168.5 168.6
168.7 168.8 168.9 168.10 168.11
168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29
169.30 169.31 169.32 169.33 169.34 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22
170.23
170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18
171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24
172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 173.35 173.36
174.1 174.2 174.3 174.4 174.5 174.6 174.7
174.8 174.9 174.10 174.11 174.12
174.13 174.14
174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 175.36 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31
176.32 176.33 176.34 176.35 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 177.36 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 178.36 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10
179.11 179.12 179.13 179.14 179.15 179.16 179.17
179.18 179.19 179.20 179.21
179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35 180.36 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15
181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23
181.24 181.25
181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27
182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16
183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25
183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33
184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8
184.9 184.10 184.11 184.12 184.13
184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21
184.22 184.23
184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 185.35 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 186.34 186.35 186.36 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 187.36 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11
189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27
189.28 189.29 189.30
189.31 189.32 189.33 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14
190.15
190.16 190.17 190.18 190.19 190.20 190.21
190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31
190.32 190.33 191.1 191.2 191.3 191.4 191.5 191.6
191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21
191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29
192.30 192.31 192.32 192.33 192.34 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 193.35 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24
194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 194.34 194.35 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34 195.35 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 197.35
197.36
198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18
198.19
198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28
198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2 199.3 199.4
199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25
199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17
200.18 200.19 200.20 200.21 200.22 200.23
200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 202.1 202.2
202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34 202.35 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18
203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 204.36 205.1 205.2
205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19
205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28
205.29 205.30 205.31 205.32 205.33 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21
206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31
206.32 206.33 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18
208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 208.35 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 209.35 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11
210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28
210.29 210.30 210.31 210.32 210.33 210.34 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 211.35 211.36 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8
212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34
213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10
213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26
213.27 213.28 213.29 213.30 213.31 213.32 213.33 214.1 214.2
214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15
214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 215.1 215.2 215.3
215.4 215.5 215.6 215.7
215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17
215.18
215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32
216.33 216.34 216.35 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21
217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 217.34 217.35 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12

A bill for an act
relating to state government; making changes to health and human services
policy provisions; modifying provisions relating to children and family
services, the provision of health services, chemical and mental health services,
health-related occupations, Department of Health, public health, continuing care,
public assistance programs, and health care; establishing reporting requirements
and grounds for disciplinary action for health professionals; making changes to
the medical assistance program; modifying provisions governing juvenile safety
and placement; regulating the sale and use of tobacco-related and electronic
delivery devices; modifying requirements for local boards of health; making
changes to provisions governing the Board of Pharmacy; modifying home and
community-based services standards; revising the Minnesota family investment
program; establishing and modifying task forces and advisory councils; making
changes to grant programs; modifying certain penalty fees; requiring studies
and reports; amending Minnesota Statutes 2012, sections 13.46, subdivision
2; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6,
13; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165;
144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02,
subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4,
5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2;
145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions
1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2,
by adding a subdivision; 148.105, subdivision 1; 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; 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, subdivision 16; 150A.10; 151.01; 151.06; 151.211;
151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44;
151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions;
214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31;
214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19;
245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision
2; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by
adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision;
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, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by
adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision;
256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a;
256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12;
256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13;
256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5,
8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26,
subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding
a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18;
461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision
1; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2;
144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision
3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7;
151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02,
by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision
1; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09,
subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4;
245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04;
256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21;
256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766;
256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3;
256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision
2; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special
Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section
60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D;
150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota
Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6;
145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9,
10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision
2; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08;
Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision
2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions
1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000;
9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300;
9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.

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

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

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


Subd. 19.

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

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

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

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

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

(e) "Preschooler" means a child who is at least 24 months old up to deleted text beginthedeleted text endnew text begin schoolnew text end age deleted text beginof
being eligible to enter kindergarten within the next four months
deleted text end.

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

Sec. 2.

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


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

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

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

(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.

new text begin [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
CARE LICENSE HOLDERS.
new text end

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

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

new text begin (2) the contractor's compliance with training requirements.
new text end

Sec. 4.

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


Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

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

(b) Sudden unexpected infant death reduction training required under this subdivision
must deleted text beginbe at least one-half hour in length and must be completed in person at least once
every two years. On the years when the license holder is not receiving the in-person
training on sudden unexpected infant death reduction, the license holder must receive
sudden unexpected infant death reduction training through a video of no more than one
hour in length developed or approved by the commissioner.
deleted text endnew text begin,new text end at a minimum, deleted text beginthe training
must
deleted text end 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 deleted text beginbe at least
one-half hour in length and must be completed at least once every year.
deleted text endnew text begin,new text end at a minimum,
deleted text beginthe training mustdeleted text end 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.new text begin Sudden unexpected
infant death reduction training and abusive head trauma training may be provided in a
single course of no more than two hours in length.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 5.

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


new text begin Subd. 7. new text end

new text begin Current or prospective contractors serving multiple family child care
license holders.
new text end

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

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

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

new text begin (3) the contractor's background study is repeated every two years.
new text end

Sec. 6.

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


Subd. 4.

Duties of commissioner.

The commissioner of human services shall:

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

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

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

(i) developing and maintaining sensitivity to all cultures;

(ii) assessing values and their cultural implications;

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

(iv) issues related to cross-cultural placement;

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

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

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

Sec. 7.

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


Subd. 6.

Duties of child-placing agencies.

(a) Each authorized child-placing
agency must:

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

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

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

(ii) use of diverse outreach staff wherever possible;

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

(iv) other techniques as appropriate;

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

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

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

(6) develop and implement procedures for implementing the requirements of the
Indian Child Welfare Act and the Minnesota Indian Family Preservation Actdeleted text begin.deleted text endnew text begin; and
new text end

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

(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. 8.

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


new text begin Subd. 9. new text end

new text begin Preventing exposure to secondhand smoke for children in foster care.
new text end

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

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

new text begin (2) a motor vehicle while a foster child is transported.
new text end

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

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

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

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

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

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

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

Sec. 9.

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


Subd. 11c.

Welfare, court services agency, and school records maintained.

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

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

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

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

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

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

Sec. 10. new text beginMINNESOTA TANF EXPENDITURES TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

new text begin Subd. 2. new text end

new text begin Membership; meetings; staff. new text end

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

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

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

new text begin (3) one representative of the Department of Health appointed by the commissioner
of health;
new text end

new text begin (4) one representative of the Local Public Health Association of Minnesota;
new text end

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

new text begin (6) one representative of the Minnesota Legal Services Coalition;
new text end

new text begin (7) one representative of the Children's Defense Fund of Minnesota;
new text end

new text begin (8) one representative of the Minnesota Coalition for the Homeless;
new text end

new text begin (9) one representative of the Welfare Rights Coalition;
new text end

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Duties. new text end

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

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

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

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Report. new text end

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

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

new text begin Subd. 5. new text end

new text begin Expiration. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "guardianship assistance" to "Northstar
kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
refer to the program components related to Northstar Care for Children under Minnesota
Statutes, chapter 256N.
new text end

ARTICLE 2

PROVISION OF HEALTH SERVICES

Section 1.

Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
read:


Subd. 6.

Basic life support.

(a) Except as provided in paragraphs (e) and (f), a
basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
accompany the patient and provide a level of care so as to ensure that:

(1) life-threatening situations and potentially serious injuries are recognized;

(2) patients are protected from additional hazards;

(3) basic treatment to reduce the seriousness of emergency situations is administered;
and

(4) patients are transported to an appropriate medical facility for treatment.

(b) A basic life-support service shall provide basic airway management.

(c) A basic life-support service shall provide automatic defibrillation.

(d) A basic life-support service licensee's medical director may authorize ambulance
service personnel to perform intravenous infusion and use equipment that is within the
licensure level of the ambulance servicenew text begin, including administration of an opiate antagonistnew text end.
Ambulance service personnel must be properly trained. Documentation of authorization
for use, guidelines for use, continuing education, and skill verification must be maintained
in the licensee's files.

(e) Upon application from an ambulance service that includes evidence demonstrating
hardship, the board may grant a variance from the staff requirements in paragraph (a) and
may authorize a basic life-support ambulance to be staffed by one EMT and one registered
emergency medical responder driver for all emergency ambulance calls and interfacility
transfers. The variance shall apply to basic life-support ambulances operated by the
ambulance service until the ambulance service renews its license. When a variance expires,
an ambulance service may apply for a new variance under this paragraph. For purposes of
this paragraph, "ambulance service" means either an ambulance service whose primary
service area is mainly located outside the metropolitan counties listed in section 473.121,
subdivision 4
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
Cloud; or an ambulance service based in a community with a population of less than 1,000.

(f) After an initial emergency ambulance call, each subsequent emergency ambulance
response, until the initial ambulance is again available, and interfacility transfers, may
be staffed by one registered emergency medical responder driver and an EMT. The
EMT must accompany the patient and provide the level of care required in paragraph
(a). This paragraph applies only to an ambulance service whose primary service area is
mainly located outside the metropolitan counties listed in section 473.121, subdivision
4
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
ambulance based in a community with a population of less than 1,000 persons.

Sec. 2.

new text begin [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Practice of dentistry. new text end

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

new text begin Subd. 2. new text end

new text begin Qualified dentists. new text end

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

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

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

new text begin (i) educational material on the disease of influenza and vaccination as prevention
of the disease;
new text end

new text begin (ii) contraindications and precautions;
new text end

new text begin (iii) intramuscular administration;
new text end

new text begin (iv) communication of risk and benefits of influenza vaccination and legal
requirements involved;
new text end

new text begin (v) reporting of adverse events;
new text end

new text begin (vi) documentation required by federal law; and
new text end

new text begin (vii) storage and handling of vaccines.
new text end

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

new text begin Subd. 3. new text end

new text begin Coordination of care. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [151.71] MAXIMUM ALLOWABLE COST PRICING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Pharmacy benefit manager contracts with pharmacies; maximum
allowable cost pricing.
new text end

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

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

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

new text begin (1) a 15 business day limit on the right to appeal following the initial claim;
new text end

new text begin (2) a requirement that the appeal be investigated and resolved within seven business
days after the appeal; and
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4. new text beginSTUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
DATABASE.
new text end

new text begin The Board of Pharmacy, in collaboration with the Prescription Monitoring Program
Advisory Task Force, shall report to the chairs and ranking minority members of the house
of representatives and senate committees and divisions with jurisdiction over health and
human services policy and finance, by December 15, 2014, with:
new text end

new text begin (1) recommendations on whether or not to require the use of the prescription
monitoring program database by prescribers when prescribing or considering prescribing,
and pharmacists when dispensing or considering dispensing, a controlled substance as
defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
new text end

new text begin (2) an analysis of the impact of the prescription monitoring program on rates of
chemical abuse and prescription drug abuse; and
new text end

new text begin (3) recommendations on approaches to encourage access to appropriate treatment
for prescription drug abuse, through the prescription monitoring program.
new text end

ARTICLE 3

CHEMICAL AND MENTAL HEALTH SERVICES

Section 1.

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


Subd. 6a.

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

(a) The commissioner of human services shall issue a mental health
certification for adult foster care homes licensed under this chapter and Minnesota Rules,
parts 9555.5105 to 9555.6265, that serve people with new text begina primary diagnosis of new text endmental
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 new text beginunder paragraph (c) new text endcovering 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) new text begin suicide intervention, identifying suicide warning signs, and appropriate
responses;
new text end

new text begin (vii) new text endco-occurring substance abuse and health conditions; and

deleted text begin (vii)deleted text endnew text begin (viii)new text end community resources;

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

(3) there is a deleted text beginplan anddeleted text end protocol in place to address a mental health crisis; and

(4) new text beginthere is a crisis plan for new text endeach deleted text beginindividual's Individual Placement Agreement
deleted text endnew text begin individual thatnew text end identifies who is providing clinical services and their contact information,
and includes an individual crisis prevention and management plan developed with the
individual.

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

deleted text begin (c)deleted text end new text begin(d) new text endLicense 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.

deleted text begin (d)deleted text end new text begin(e) new text endOngoing 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.

deleted text begin (e)deleted text end new text begin(f) new text endA 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:


245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.

(a) The commissioner of human services shall issue a mental health certification
for services licensed under this chapter when a license holder is determined to have met
the requirements undernew text begin section 245A.03, subdivision 6a,new text end 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) deleted text beginThe requirements for certification are:
deleted text end

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

deleted text begin (i) mental health diagnoses;
deleted text end

deleted text begin (ii) mental health crisis response and de-escalation techniques;
deleted text end

deleted text begin (iii) recovery from mental illness;
deleted text end

deleted text begin (iv) treatment options, including evidence-based practices;
deleted text end

deleted text begin (v) medications and their side effects;
deleted text end

deleted text begin (vi) co-occurring substance abuse and health conditions; and
deleted text end

deleted text begin (vii) community resources;
deleted text end

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

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

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

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

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

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

Sec. 3.

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


Subd. 2.

Administration without judicial review.

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

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

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

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

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

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

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

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

Sec. 4.

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


Subd. 2.

Membership terms, compensation, removal and expiration.

The
membership of this council shall be composed of 17 persons who are American Indians
and who are appointed by the commissioner. The commissioner shall appoint one
representative from each of the following groups: Red Lake Band of Chippewa Indians;
Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
and two representatives from the Minneapolis Urban Indian Community and two from the
St. Paul Urban Indian Community. The terms, compensation, and removal of American
Indian Advisory Council members shall be as provided in section 15.059. The council
expires June 30, deleted text begin2014deleted text endnew text begin 2018new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

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


254A.04 CITIZENS ADVISORY COUNCIL.

There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
advise the Department of Human Services concerning the problems of alcohol and
other drug dependency and abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency and abuse;
and five members whose interests or training are in the field of dependency and abuse of
drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section 15.059. The council expires June 30, deleted text begin2014deleted text endnew text begin 2018new text end. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

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


new text begin Subd. 8. new text end

new text begin Culturally specific program. new text end

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

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

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

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

Sec. 7.

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


Subd. 5.

Rate requirements.

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

(b) Eligible chemical dependency treatment services include:

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

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

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

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

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

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

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

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

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

(2) new text beginculturally specific new text endprograms deleted text beginserving special populationsdeleted text endnew text begin as defined in section
254B.01, subdivision 8,
new text end if the program meets the requirements in Minnesota Rules, part
9530.6605, subpart 13;

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

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

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

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

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

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

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

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

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

Sec. 8.

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


Subd. 2.

Expiration.

Notwithstanding section 15.059, subdivision 5, the American
Indian Child Welfare Advisory Council expires June 30, deleted text begin2014deleted text endnew text begin 2018new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

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


Subd. 3.

Juvenile treatment screening team.

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

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

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

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

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

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

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

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

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

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

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

Sec. 10. new text beginPILOT PROGRAM; NOTICE AND INFORMATION TO
COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
COMMITTED TO COMMISSIONER.
new text end

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

ARTICLE 4

HEALTH-RELATED LICENSING BOARDS

Section 1.

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


Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10:

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

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

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

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

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

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

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

deleted text begin (2)deleted text endnew text begin (8)new text end "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. 2.

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


Subd. 2.

Exclusions.

The practice of chiropractic is not the practice of medicine,
surgery, deleted text beginordeleted text end osteopathynew text begin, or physical therapynew text end.

Sec. 3.

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


new text begin Subd. 4. new text end

new text begin Practice of chiropractic. new text end

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

Sec. 4.

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


Subdivision 1.

Generally.

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

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

(2) registered new text beginor licensed new text endby the commissioner of health under section 214.13; or

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

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

Sec. 5.

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. deleted text beginThe physical agent modalities referred to in sections 148.6404
and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
and ultrasound.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

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


148.6404 SCOPE OF PRACTICE.

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

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

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

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

(4) developing daily living skills;

(5) developing feeding and swallowing skills;

(6) developing play skills and leisure capacities;

(7) enhancing educational performance skills;

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

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

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

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

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

(13) promoting health and wellness.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

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


148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

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


Subdivision 1.

Applicability.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

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 deleted text beginthe
National Athletic Trainers Association Professional Education Committee, the National
Athletic Trainers Association Board of Certification, or the Joint Review Committee on
Educational Programs in Athletic Training in collaboration with the American Academy
of Family Physicians, the American Academy of Pediatrics, the American Medical
Association, and the National Athletic Trainers Association
deleted text endnew text begin a nationally recognized
accreditation agency for athletic training education programs approved by the board
new text end.

Sec. 10.

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


Subd. 9.

Credentialing examination.

"Credentialing examination" means an
examination administered by the deleted text beginNational Athletic Trainers Associationdeleted text end Board of
Certificationnew text begin, or the board's recognized successor,new text end for credentialing as an athletic trainer,
or an examination for credentialing offered by a national testing service that is approved
by the board.

Sec. 11.

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; new text beginAT; new text endATR; or any words, letters, abbreviations,
or insignia indicating or implying that the person is an athletic trainer, without a certificate
of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
attending a college or university athletic training program must be identified as deleted text begina "student
athletic trainer."
deleted text endnew text begin an "athletic training student."
new text end

Sec. 12.

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


Subdivision 1.

deleted text beginCreation;deleted text end Membership.

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

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

(2) three members whodeleted text begin, except for initial appointees,deleted text end 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. 13.

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


Subdivision 1.

Registration.

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

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

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

(3) educational background;

(4) proof of a baccalaureate new text beginor master's new text enddegree from an accredited college or
university;

(5) credentials held in other jurisdictions;

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

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

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

(9) evidence satisfactory to the board of a qualifying score on a credentialing
examination deleted text beginwithin one year of the application for registrationdeleted text end;

(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. 14.

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
deleted text beginone yeardeleted text endnew text begin 120 daysnew text end. 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 deleted text beginone yeardeleted text endnew text begin 120 daysnew text end after
the date of the temporary registration. new text beginA new text endtemporary registration may not be renewed.

(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
new text begina new text endtemporary 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 deleted text beginfour
deleted text endnew text begin twonew text end athletic trainers with temporary registrations shall work under the direction of a
registered athletic trainer.

Sec. 15.

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 deleted text beginNational Athletic
Trainers Association
deleted text end Board of Certificationnew text begin, or the board's recognized successornew text end.

Sec. 16.

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


new text begin Subd. 5. new text end

new text begin Discipline; reporting. new text end

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

Sec. 17.

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


148.7814 APPLICABILITY.

Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
trainers by the deleted text beginNational Athletic Trainers Associationdeleted text end Board of Certification new text beginor the board's
recognized successor
new text endand come into Minnesota for a specific athletic event or series of
athletic events with an individual or group.

Sec. 18.

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), new text beginthe new text endBirthworks, new text beginthe new text endChildbirth and Postpartum
Professional Association (CAPPA), new text beginthe new text endChildbirth International, deleted text beginordeleted text endnew text begin thenew text end International
Center for Traditional Childbearingnew text begin, or the Birth Place/Common Childbirth, Incnew text end.

Sec. 19.

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


Subd. 2.

Supervision.

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

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

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

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

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

Sec. 20.

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


Subd. 4.

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

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

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

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

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

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) is of good moral character;
new text end

new text begin (3) has a license that is active and in good standing;
new text end

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

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

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

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

new text begin (ii) clinical treatment planning with measurable goals;
new text end

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

new text begin (iv) evaluation methodologies regarding the effectiveness of interventions;
new text end

new text begin (v) professional ethics applied to clinical practice; and
new text end

new text begin (vi) cultural diversity;
new text end

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

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

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

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

Sec. 21.

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 deleted text beginAmerican Dental Associationdeleted text end Commission on new text beginDental
new text endAccreditation.

Sec. 22.

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 deleted text beginof the American
Dental Association
deleted text end, having submitted an application and fee as prescribed by the board,
may be examined by the board or by an agency pursuant to section 150A.03, subdivision
1
, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
college in another country must not be disqualified from examination solely because of
the applicant's foreign training if the board determines that the training is equivalent to or
higher than that provided by a dental college accredited by the Commission on Dental
Accreditation deleted text beginof the American Dental Associationdeleted text end. 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. 23.

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


Subd. 1a.

Faculty dentists.

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

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

(c) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation deleted text beginof the American Dental Associationdeleted text end 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. 24.

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


Subd. 1c.

Specialty dentists.

(a) The board may grant deleted text beginadeleted text endnew text begin one or morenew text end specialty
deleted text beginlicensedeleted text endnew text begin licensesnew text end in the specialty areas of dentistry that are recognized by the deleted text beginAmerican
Dental Association
deleted text endnew text begin Commission on Dental Accreditationnew text end.

(b) An applicant for a specialty license shall:

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

(2) have been certified by a specialty deleted text beginexaminingdeleted text end 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 applicantnew text begin for each specialty areanew text end;

(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 dentistsnew text begin for each specialty
area
new text end, one of whom must be a dentist practicing in the same specialty area, and the other
new text begin fromnew text end the director of deleted text beginthedeleted text endnew text begin eachnew text end specialty program attended;

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

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

(5) a nonrefundable fee; and

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

(d) A specialty dentist holding deleted text beginadeleted text endnew text begin one or morenew text end specialty deleted text beginlicensedeleted text endnew text begin licensesnew text end is limited to
practicing in the dentist's designated specialty areanew text begin or areasnew text end. The scope of practice must be
defined by each national specialty board recognized by the deleted text beginAmerican Dental Association
deleted text endnew text begin Commission on Dental Accreditationnew text end.

(e) A specialty dentist holding a general deleted text begindentistdeleted text endnew text begin dentalnew text end license is limited to practicing
in the dentist's designated specialty area new text beginor areas new text endif the dentist has announced a limitation
of practice. The scope of practice must be defined by each national specialty board
recognized by the deleted text beginAmerican Dental Associationdeleted text endnew text begin Commission on Dental Accreditationnew text end.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty areanew text begin or areasnew text end may apply for
deleted text beginadeleted text endnew text begin one or more new text end specialty deleted text beginlicensedeleted text endnew text begin licensesnew text end.

Sec. 25.

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 deleted text beginAmerican Dental Association
deleted text end 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. 26.

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

Sec. 27.

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


Subd. 2a.

Licensed dental assistant.

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

Sec. 28.

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


Subd. 2d.

Continuing education and professional development waiver.

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

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

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

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

(2) provide documentation of current CPR certification from completion of the
American Heart Association healthcare provider coursedeleted text begin,deleted text endnew text begin ornew text end the American Red Cross
professional rescuer coursedeleted text begin, or an equivalent entitydeleted text end.

Sec. 29.

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


Subd. 3.

Waiver of examination.

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

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission on
Dental Accreditation deleted text beginof the American Dental Associationdeleted text end, 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 deleted text beginof the American
Dental Association
deleted text end, 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. deleted text beginThe board may waive the clinical examination for an
applicant who meets the requirements of this paragraph and has satisfactorily completed an
accredited postdoctoral general dentistry residency program located outside of Minnesota.
deleted text end

Sec. 30.

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


Subd. 8.

Licensure by credentials.

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

(1) has graduated from an accredited dental assisting program accredited by the
Commission deleted text beginofdeleted text endnew text begin onnew text end Dental Accreditation deleted text beginof the American Dental Associationdeleted text end, or is
currently certified by the Dental Assisting National Board;

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

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

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

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

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

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

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

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

Sec. 31.

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


Subd. 16.

Failure of professional development portfolio audit.

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

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

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

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

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

Sec. 32.

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


150A.10 ALLIED DENTAL PERSONNEL.

Subdivision 1.

Dental hygienists.

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

Subd. 1a.

Limited authorization for dental hygienists.

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

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

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

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

(4) maintains current CPR certification from completion of the American Heart
Association healthcare provider coursedeleted text begin,deleted text endnew text begin ornew text end the American Red Cross professional rescuer
coursedeleted text begin, or an equivalent entitydeleted text end.

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

(1) oral health promotion and disease prevention education;

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

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

(4) polishing and smoothing restorations;

(5) removal of marginal overhangs;

(6) performance of preliminary charting;

(7) taking of radiographs; and

(8) performance of scaling and root planing.

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

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

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

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

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

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

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

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

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

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

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

Subd. 2.

Dental assistants.

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

Subd. 3.

Dental technicians.

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

Subd. 4.

Restorative procedures.

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

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

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

(3) adapt and cement stainless steel crowns; deleted text beginand
deleted text end

(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enameldeleted text begin.deleted text endnew text begin; and
new text end

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

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

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

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

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

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

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

Sec. 33.

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


Subdivision 1.

License requirements.

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

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

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

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

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

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

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

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

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

Sec. 34.

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


new text begin Subd. 1a. new text end

new text begin Relicensure after two-year lapse of practice; reentry program. new text end

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

Sec. 35.

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


Subd. 2.

Applicants licensed in another state.

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

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

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

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

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

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

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

Sec. 36.

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 deleted text beginor preceptorship for a period not to exceed
12 months. A temporary permit may be extended under the following conditions:
deleted text end

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

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

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

Sec. 37.

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


new text begin Subd. 4. new text end

new text begin Continuing education. new text end

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

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

Sec. 38.

new text begin [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
CONDUCT OFFENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to the health-related licensing
boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
and the Board of Chiropractic Examiners, and also applies toprofessions credentialed by
the Minnesota Department of Health, including:
new text end

new text begin (1) speech-language pathologists and audiologists;
new text end

new text begin (2) hearing instrument dispensers; and
new text end

new text begin (3) occupational therapists and occupational therapy assistants.
new text end

new text begin Subd. 2. new text end

new text begin Issuing and renewing credential to practice. new text end

new text begin (a) Except as provided in
paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted on or after August 1, 2014, of
any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
new text end

new text begin (b) A credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted in any other state or country on
or after August 1, 2014, of an offense where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a).
new text end

new text begin (c) A credential to practice is automatically revoked if the credentialed person is
convicted of an offense listed in paragraph (a).
new text end

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

new text begin (e) A credentialing authority listed in subdivision 1 may establish criteria whereby
an individual convicted of an offense listed in paragraph (a) may become credentialed
provided that the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.
new text end

new text begin A credentialing authority listed in subdivision 1 shall not consider an application under
this paragraph if the board determines that the victim involved in the offense was a patient
or a client of the applicant at the time of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credentials issued or renewed on
or after August 1, 2014.
new text end

Sec. 39.

new text begin [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
OF HARM.
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 40.

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


Subd. 2.

Receipt of complaint.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 41.

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


Subd. 3.

Referral to other agencies.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 42.

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


new text begin Subd. 5. new text end

new text begin Health professionals services program. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 43.

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


214.29 PROGRAM REQUIRED.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 44.

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


214.31 AUTHORITY.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 45.

Minnesota Statutes 2012, section 214.32, is amended to read:


214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.

Subdivision 1.

Management.

(a) A Health Professionals Services Program
Committee is established, consisting of deleted text beginone person appointed by each participating board,
with each participating board having one vote.
deleted text endnew text begin no fewer than three, or more than six,
executive directors of health-related licensing boards or their designees, and two members
of the advisory committee established in paragraph (c). Program committee members
from the health-related licensing boards shall be appointed by a majority of the executive
directors of the health-related licensing boards in July of odd-numbered years. Members
from the advisory committee shall be appointed by a majority of advisory committee
members in July of odd-numbered years.
new text end The new text beginprogram new text endcommittee shall designate one
board to provide administrative management of the program, set the program budget and
the pro rata share of program expenses to be borne by each participating board, provide
guidance on the general operation of the program, including hiring of program personnel,
and ensure that the program's direction is in accord with its authority. new text beginThe program
committee shall establish uniform criteria and procedures governing termination and
discharge for all health professionals served by the health professionals services program.
new text endIf the participating boards change which board is designated to provide administrative
management of the program, any appropriation remaining for the program shall transfer to
the newly designated board on the effective date of the change. The participating boards
must inform the appropriate legislative committees and the commissioner of management
and budget of any change in the administrative management of the program, and the
amount of any appropriation transferred under this provision.

(b) The designated board, upon recommendation of the Health Professional Services
Program Committee, shall hire the program manager and employees and pay expenses
of the program from funds appropriated for that purpose. The designated board may
apply for grants to pay program expenses and may enter into contracts on behalf of the
program to carry out the purposes of the program. The participating boards shall enter into
written agreements with the designated board.

(c) An advisory committee is established deleted text beginto advise the program committeedeleted text end consisting
of:

(1) one member appointed by each deleted text beginof the following: the Minnesota Academy of
Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
Association
deleted text endnew text begin of the professional associations whose members are eligible for health
professionals services program services
new text end;new text begin and
new text end

(2) deleted text beginone member appointed by each of the professional associations of the other
professions regulated by a participating board not specified in clause (1); and
deleted text end

deleted text begin (3)deleted text end two public members, as defined by section 214.02.

new text begin (d) new text endMembers of the advisory committee shall be appointed for two years and
members may be reappointed.

new text begin (e) The advisory committee shall:
new text end

new text begin (1) provide advice and consultation to the health professionals services program staff;
new text end

new text begin (2) serve as a liaison to all regulated health professionals who are eligible to
participate in the health professionals services program; and
new text end

new text begin (3) provide advice and recommendations to the program committee.
new text end

Subd. 2.

Services.

(a) The program shall provide the following services to program
participants:

(1) referral of eligible regulated persons to qualified professionals for evaluation,
treatment, and a written plan for continuing care consistent with the regulated person's
illness. The referral shall take into consideration the regulated person's financial resources
as well as specific needs;

(2) development of individualized program participation agreements between
participants and the program to meet the needs of participants and protect the public. An
agreement may include, but need not be limited to, recommendations from the continuing
care plan, practice monitoring, health monitoring, practice restrictions, random drug
screening, support group participation, filing of reports necessary to document compliance,
and terms for successful completion of the regulated person's program; and

(3) monitoring of compliance by participants with individualized program
participation agreements or board orders.

(b) The program may develop services related to sections 214.31 to 214.37 for
employers and colleagues of regulated persons from participating boards.

Subd. 3.

Participant costs.

Each program participant shall be responsible for
paying for the costs of physical, psychosocial, or other related evaluation, treatment,
laboratory monitoring, and random drug screens.

Subd. 4.

Eligibility.

Admission to the health professional services program is
available to a person regulated by a participating board who is unable to practice with
reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
any other materials, or as a result of any mental, physical, or psychological condition.
Admission in the health professional services program shall be denied to persons:

(1) who have diverted controlled substances for other than self-administration;

(2) who have been terminated from this or any other state professional services
program for noncompliance in the programnew text begin, unless referred by a participating board or the
commissioner of health
new text end;

(3) currently under a board disciplinary order or corrective action agreement, unless
referred by a board;

(4) deleted text beginregulated under sections 214.17 to 214.25, unless referred by a board or by the
commissioner of health;
deleted text end

deleted text begin (5)deleted text end accused of sexual misconduct; or

deleted text begin (6)deleted text end new text begin(5) new text endwhose continued practice would create a serious risk of harm to the public.

Subd. 5.

Completion; voluntary termination; discharge.

new text begin(a) new text endA regulated person
completes the program when the terms of the program participation agreement are fulfilled.

new text begin (b)new text end A regulated person may voluntarily terminate participation in the health
professionals service program at any time deleted text beginby reporting to the person's boarddeleted text endnew text begin which shall
result in the program manager making a report to the regulated person's board under
section 214.33, subdivision 3
new text end.

new text begin (c)new text end The program manager may choose to discharge a regulated person from the
program and make a referral to the person's board at any time for reasons including but not
limited to: the degree of cooperation and compliance by the regulated person, the inability
to secure information or the medical records of the regulated person, or indication of other
possible violations of the regulated person's practice act. The regulated person shall be
notified in writing by the program manager of any change in the person's program status.
A regulated person who has been terminated or discharged from the program may be
referred back to the program for monitoring.

new text begin Subd. 6. new text end

new text begin Duties of a health related licensing board. new text end

new text begin (a) Upon receiving notice from
the program manager that a regulated person has been discharged due to noncompliance
or voluntary withdrawal, when the appropriate licensing board has probable cause to
believe continued practice by the regulated person presents an imminent risk of harm, the
licensing board shall temporarily suspend the regulated person's professional license. The
suspension shall take effect upon written notice to the regulated person and shall specify
the reason for the suspension.
new text end

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

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

new text begin (d) This subdivision does not apply to the Office of Complementary and Alternative
Health Care Programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 46.

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


Subd. 3.

Program manager.

new text begin(a) new text endThe program manager shall report to the
appropriate participating board a regulated person whonew text begin:
new text end

new text begin (1) new text end does not meet program admission criteriadeleted text begin,deleted text endnew text begin;new text end

new text begin (2) new text endviolates the terms of the program participation agreementdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (3) new text end leaves the program except upon fulfilling the terms for successful completion of
the program as set forth in the participation agreementdeleted text begin.deleted text endnew text begin;
new text end

new text begin (4) is subject to the provisions of sections 214.17 to 214.25;
new text end

new text begin (5) caused identifiable patient harm;
new text end

new text begin (6) substituted or adulterated medications;
new text end

new text begin (7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
name of a person or veterinary patient for personal use; or
new text end

deleted text begin The program manager shall report to the appropriate participating board a regulated
person who
deleted text end new text begin(8) new text endis alleged to have committed violations of the person's practice act that
are outside the authority of the health professionals services program as described in
sections 214.31 to 214.37.

new text begin (b) new text endThe program manager shall inform any reporting person of the disposition of the
person's report to the program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 47.

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


new text begin Subd. 5. new text end

new text begin Employer mandatory reporting. new text end

new text begin (a) An employer of a person licensed or
regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
health care institutions, and other organizations where the licensed or regulated health
care professional is engaged in providing services, shall report to the appropriate licensing
board that the licensee or regulated person has diverted narcotics or other controlled
substances in violation of state or federal narcotics or controlled substance law when:
new text end

new text begin (1) the employer or entity making the report has knowledge of the diversion; and
new text end

new text begin (2) the licensee or regulated person has diverted narcotics from the reporting
employer or organization or at the reporting institution.
new text end

new text begin (b) Subdivision 1 does not waive the requirement to report under this subdivision.
new text end

new text begin (c) The requirement to report under this subdivision does not apply:
new text end

new text begin (1) to licensees or regulated persons who are self-employed;
new text end

new text begin (2) if the knowledge was obtained in the course of a professional-patient relationship
and the patient is licensed or regulated by a health licensing board; or
new text end

new text begin (3) if knowledge of the diversion first becomes known to the employer, health care
institution, or other organization, either from:
new text end

new text begin (i) the licensee or regulated person who has self-reported to the health professional
services program and who has returned to work pursuant to the health professional
services program participation agreement and monitoring plan; or
new text end

new text begin (ii) an individual who is serving as a work site monitor approved by the health
professional services program for a person described in item (i).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 48.

new text begin [214.355] GROUNDS FOR DISCIPLINARY ACTION.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 49. new text beginREVISOR'S INSTRUCTION.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective July 1, 2014.
new text end

Sec. 50. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, section 148.01, subdivision 3, new text end new text begin and new text end new text begin Minnesota Rules,
parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, new text end new text begin are repealed
effective July 1, 2014.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2013 Supplement, section 148.6440, new text end new text begin is repealed the day
following final enactment.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2012, sections 148.7808, subdivision 2; and 148.7813, new text end new text begin are
repealed.
new text end

ARTICLE 5

BOARD OF PHARMACY

Section 1.

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


151.01 DEFINITIONS.

Subdivision 1.

Words, terms, and phrases.

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

Subd. 2.

Pharmacy.

"Pharmacy" means deleted text beginan establisheddeleted text endnew text begin anew text end place of business in
which deleted text beginprescriptions,deleted text end new text beginprescription new text enddrugsdeleted text begin, medicines, chemicals, and poisonsdeleted text end are prepared,
compounded, new text beginor new text enddispenseddeleted text begin, vended, or sold to or for the use of patientsdeleted text endnew text begin by or under
the supervision of a pharmacist
new text end and from which related clinical pharmacy services are
delivered.

Subd. 2a.

Limited service pharmacy.

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

Subd. 3.

Pharmacist.

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

Subd. 5.

Drug.

The term "drug" means all medicinal substances and preparations
recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, new text beginvaccines and biologicals, new text endand 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.new text begin The term drug
shall also mean any compound, substance, or derivative that is not approved for human
consumption by the United States Food and Drug Administration or specifically permitted
for human consumption under Minnesota law that, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in
section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
regardless of whether the substance is marketed for the purpose of human consumption.
new text end

Subd. 6.

Medicine.

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

Subd. 7.

Poisons.

The term "poisons" means any substance deleted text beginwhichdeleted text endnew text begin thatnew text end, when
introduced into the system, directly or by absorption, produces violent, morbid, or fatal
changes, or deleted text beginwhichdeleted text endnew text begin thatnew text end 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 deleted text beginStatedeleted text end Board of Pharmacy.

The term "board" or "deleted text beginStatedeleted text end Board of
Pharmacy" means the Minnesota deleted text beginStatedeleted text end Board of Pharmacy.

Subd. 10.

Director.

The term "director" means the new text beginexecutive new text enddirector of the
Minnesota deleted text beginStatedeleted text end Board of Pharmacy.

Subd. 11.

Person.

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

Subd. 12.

Wholesale.

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

Subd. 13.

Commercial purposes.

The phrase "commercial purposes" means the
ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
of medicine deleted text beginanddeleted text endnew text begin,new text end pharmacynew text begin, and other health care professionsnew text end.

Subd. 14.

Manufacturing.

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

new text begin Subd. 14a. new text end

new text begin Manufacturer. new text end

new text begin The term "manufacturer" means any person engaged
in manufacturing.
new text end

new text begin Subd. 14b. new text end

new text begin Outsourcing facility. new text end

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

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 deleted text beginStatedeleted text end 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.

Prescriptionnew text begin drug ordernew text end.

The term "prescriptionnew text begin drug ordernew text end" means a
deleted text beginsigneddeleted text endnew text begin lawfulnew text end written deleted text beginorder, or andeleted text endnew text begin,new text end oralnew text begin, or electronicnew text end order deleted text beginreduced to writing, given bydeleted text endnew text begin of
new text end a practitioner deleted text beginlicensed to prescribe drugs for patients in the course of the practitioner's
practice, issued for an individual patient and containing the following: the date of issue,
name and address of the patient, name and quantity of the drug prescribed, directions
for use, and the name and address of the prescriber.
deleted text endnew text begin for a drug for a specific patient.
Prescription drug orders for controlled substances must be prepared in accordance with the
provisions of section 152.11 and the federal Controlled Substances Act and the regulations
promulgated thereunder.
new text end

new text begin Subd. 16a. new text end

new text begin Prescription. new text end

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

new text begin Subd. 16b. new text end

new text begin Chart order. new text end

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

Subd. 17.

Legend drug.

"Legend drug" means a drug deleted text beginwhichdeleted text end new text beginthat new text endis required by
federal law to deleted text beginbear the following statement, "Caution: Federal law prohibits dispensing
without prescription."
deleted text endnew text begin be dispensed only pursuant to the prescription of a licensed
practitioner.
new text end

Subd. 18.

Label.

"Label" means a display of written, printed, or graphic matter
upon the immediate container of any drug or medicinedeleted text begin; and a requirement made by or
under authority of Laws 1969, chapter 933 that
deleted text endnew text begin.new text end Any word, statement, or other information
deleted text beginappearingdeleted text endnew text begin required by or under the authority of this chapter to appearnew text end on the label shall deleted text beginnot
be considered to be complied with unless such word, statement, or other information
deleted text end also
deleted text beginappearsdeleted text endnew text begin appearnew text end on the outside container or wrapper, if any there be, of the retail package of
such drug or medicine, or deleted text beginisdeleted text endnew text begin benew text end easily legible through the outside container or wrapper.

Subd. 19.

Package.

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

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

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

Subd. 20.

Labeling.

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

Subd. 21.

Federal act.

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

Subd. 22.

Pharmacist in charge.

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

Subd. 23.

Practitioner.

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

Subd. 24.

Brand name.

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

Subd. 25.

Generic name.

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

Subd. 26.

Finished dosage form.

"Finished dosage form" means that form of a
drug deleted text beginwhichdeleted text endnew text begin thatnew text end 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;

(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 deleted text beginunder
standing orders from a physician licensed under chapter 147 or
deleted text end by written protocol with a
physician new text beginlicensed under chapter 147, a physician assistant authorized to prescribe drugs
under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under
section 148.235,
new text endprovided that:

new text begin (i) the protocol includes, at a minimum:
new text end

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

new text begin (B) the patient population for whom the vaccine may be given;
new text end

new text begin (C) contraindications and precautions to the vaccine;
new text end

new text begin (D) the procedure for handling an adverse reaction;
new text end

new text begin (E) the name, signature, and address of the physician, physician assistant, or
advanced practice nurse;
new text end

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

new text begin (G) the date and time period for which the protocol is valid;
new text end

deleted text begin (i)deleted text endnew text begin (ii)new text end the pharmacist deleted text beginis trained indeleted text endnew text begin has successfully completednew text end a program approved
by the deleted text beginAmericandeleted text endnew text begin Accreditationnew text end Council deleted text beginof Pharmaceuticaldeleted text endnew text begin for Pharmacynew text end Education
new text beginspecifically new text endfor the administration of immunizations or deleted text begingraduated from a college of
pharmacy in 2001 or thereafter
deleted text endnew text begin a program approved by the boardnew text end; deleted text beginand
deleted text end

deleted text begin (ii)deleted text endnew text begin (iii)new text end the pharmacist reports the administration of the immunization to the patient's
primary physician or clinicnew text begin or to the Minnesota Immunization Information Connectionnew text end;new text begin and
new text end

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

(6) participation in the deleted text beginpractice of managing drug therapy and modifyingdeleted text endnew text begin initiation,
management, modification, and discontinuation of
new text end drug therapydeleted text begin, according to section
151.21, subdivision 1,
deleted text end according to a written protocol new text beginor collaborative practice agreement
new text endbetween deleted text beginthe specific pharmacistdeleted text endnew text begin: (i) one or more pharmacistsnew text end and deleted text beginthe individual dentist,
optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
care and authorized to independently prescribe drugs
deleted text endnew text begin one or more dentists, optometrists,
physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
or advanced practice nurses authorized to prescribe, dispense, and administer under
section 148.235
new text end. Any deleted text beginsignificantdeleted text end changes in drug therapy new text beginmade pursuant to a protocol or
collaborative practice agreement
new text endmust be deleted text beginreporteddeleted text endnew text begin documentednew text end by the pharmacist deleted text begintodeleted text endnew text begin in
new text end the patient's medical recordnew text begin or reported by the pharmacist to a practitioner responsible
for the patient's care
new text end;

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

(8) deleted text beginresponsibility for participation indeleted text end 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.

new text begin Subd. 27a. new text end

new text begin Protocol. new text end

new text begin "Protocol" means:
new text end

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

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

new text begin Subd. 27b. new text end

new text begin Collaborative practice. new text end

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

new text begin Subd. 27c. new text end

new text begin Collaborative practice agreement. new text end

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

Subd. 28.

Veterinary legend drug.

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

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 deleted text beginbear the
following statement: "Caution: Federal law prohibits dispensing without a prescription."
deleted text endnew text begin be dispensed only pursuant to the prescription of a licensed practitioner.
new text end

Subd. 30.

Dispense or dispensing.

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

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.

new text begin Subd. 35. new text end

new text begin Compounding. new text end

new text begin "Compounding" means preparing, mixing, assembling,
packaging, and labeling a drug for an identified individual patient as a result of
a practitioner's prescription drug order. Compounding also includes anticipatory
compounding, as defined in this section, and the preparation of drugs in which all bulk
drug substances and components are nonprescription substances. Compounding does
not include mixing or reconstituting a drug according to the product's labeling or to the
manufacturer's directions. Compounding does not include the preparation of a drug for the
purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
is not prepared for dispensing or administration to patients. All compounding, regardless
of the type of product, must be done pursuant to a prescription drug order unless otherwise
permitted in this chapter or by the rules of the board.
new text end

new text begin Subd. 36. new text end

new text begin Anticipatory compounding. new text end

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

new text begin Subd. 37. new text end

new text begin Extemporaneous compounding. new text end

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

new text begin Subd. 38. new text end

new text begin Compounded positron emission tomography drug. new text end

new text begin "Compounded
positron emission tomography drug"
new text end new text begin means a drug that:
new text end

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

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

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

Sec. 2.

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


151.06 POWERS AND DUTIES.

Subdivision 1.

Generally; rules.

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

(1) to regulate the practice of pharmacy;

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

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

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

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

(6) to license wholesale drug distributors;

(7) to deleted text begindeny, suspend, revoke, or refuse to renewdeleted text endnew text begin take disciplinary action againstnew text end any
registration or license required under this chapterdeleted text begin, to any applicant or registrant or licensee
deleted text end upon any of the deleted text beginfollowingdeleted text end groundsdeleted text begin:deleted text endnew text begin listed in section 151.071, and in accordance with
the provisions of section 151.071;
new text end

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

deleted text begin (ii) in the case of a pharmacist, conviction in any court of a felony;
deleted text end

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

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

deleted text begin (v) unprofessional conduct or conduct endangering public health;
deleted text end

deleted text begin (vi) gross immorality;
deleted text end

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

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

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

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

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

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

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

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

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

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

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

(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; deleted text beginand
deleted text end

(10) to perform such other duties and exercise such other powers as the provisions of
the act may requiredeleted text begin.deleted text endnew text begin; and
new text end

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

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

deleted text begin (c)deleted text endnew text begin (b)new text end 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 deleted text beginnewdeleted text end 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.

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

Subd. 1a.

deleted text beginDisciplinary actiondeleted text endnew text begin Cease and desist ordersnew text end.

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

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

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

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

new text begin Subd. 1b. new text end

new text begin Enforcement of violations of cease and desist orders. new text end

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

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

Subd. 2.

Application.

new text beginIn the case of a facility licensed or registered by the board,
new text endthe 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.

deleted text begin Subd. 3. deleted text end

deleted text begin Application of Administrative Procedure Act. deleted text end

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

deleted text begin Subd. 4. deleted text end

deleted text begin Reinstatement. deleted text end

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

deleted text begin Subd. 5. deleted text end

deleted text begin Costs; penalties. deleted text end

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

Sec. 3.

new text begin [151.071] DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Forms of disciplinary action. new text end

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

new text begin (1) deny the issuance of a license or registration;
new text end

new text begin (2) refuse to renew a license or registration;
new text end

new text begin (3) revoke the license or registration;
new text end

new text begin (4) suspend the license or registration;
new text end

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

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

new text begin (7) reprimand the licensee or registrant.
new text end

new text begin Subd. 2. new text end

new text begin Grounds for disciplinary action. new text end

new text begin The following conduct is prohibited and
is grounds for disciplinary action:
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (17) fee splitting, including without limitation:
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Automatic suspension. new text end

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

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

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

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

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Effective dates. new text end

new text begin A suspension, revocation, condition, limitation,
qualification, or restriction of a license or registration shall be in effect pending
determination of an appeal.
new text end

new text begin Subd. 5. new text end

new text begin Conditions on reissued license. new text end

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

new text begin Subd. 6. new text end

new text begin Temporary suspension of license for pharmacists. new text end

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

new text begin Subd. 7. new text end

new text begin Temporary suspension of license for pharmacist interns, pharmacy
technicians, and controlled substance researchers.
new text end

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

new text begin Subd. 8. new text end

new text begin Temporary suspension of license for pharmacies, drug wholesalers,
drug manufacturers, medical gas manufacturers, and medical gas distributors.
new text end

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

new text begin Subd. 9. new text end

new text begin Evidence. new text end

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

new text begin Subd. 10. new text end

new text begin Mental or physical examination. new text end

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

new text begin Subd. 11. new text end

new text begin Tax clearance certificate. new text end

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

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

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

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

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

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

new text begin Subd. 12. new text end

new text begin Limitation. new text end

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

Sec. 4.

new text begin [151.072] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

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

new text begin Subd. 2. new text end

new text begin Pharmacies. new text end

new text begin A pharmacy located in this state must report to the board any
discipline that is related to an incident involving conduct that would constitute grounds
for discipline under the provisions of this chapter or the rules of the board, that is taken
by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
pharmacy technician, including the termination of employment of the individual or the
revocation, suspension, restriction, limitation, or conditioning of an individual's ability
to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
any disciplinary proceeding, or prior to the commencement of formal charges but after the
individual had knowledge that formal charges were contemplated or in preparation. Each
report made under this subdivision must state the nature of the action taken and state in
detail the reasons for the action. Failure to report violations as required by this subdivision
is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
new text end

new text begin Subd. 3. new text end

new text begin Licensees and registrants of the board. new text end

new text begin A licensee or registrant of
the board shall report to the board personal knowledge of any conduct that the person
reasonably believes constitutes grounds for disciplinary action under this chapter or
the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
controlled substance researcher, including any conduct indicating that the person may be
professionally incompetent, or may have engaged in unprofessional conduct or may be
medically or physically unable to engage safely in the practice of pharmacy or to carry
out the duties permitted to the person by this chapter or the rules of the board. Failure
to report violations as required by this subdivision is a basis for discipline pursuant to
section 151.071, subdivision 2, clause (20).
new text end

new text begin Subd. 4. new text end

new text begin Self-reporting. new text end

new text begin A licensee or registrant of the board shall report to the
board any personal action that would require that a report be filed with the board pursuant
to subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 2 to 4 must be
submitted not later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to assure prompt and accurate reporting.
new text end

new text begin Subd. 6. new text end

new text begin Subpoenas. new text end

new text begin The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 4 or any related documents.
new text end

Sec. 5.

new text begin [151.073] IMMUNITY.
new text end

new text begin Any person, health care facility, business, or organization is immune from civil
liability or criminal prosecution for submitting in good faith a report to the board under
section 151.072 or for otherwise reporting in good faith to the board violations or alleged
violations of this chapter or the rules of the board. All such reports are investigative
data pursuant to chapter 13.
new text end

Sec. 6.

new text begin [151.074] LICENSEE OR REGISTRANT COOPERATION.
new text end

new text begin An individual who is licensed or registered by the board, who is the subject of an
investigation by or on behalf of the board, shall cooperate fully with the investigation.
An owner or employee of a facility that is licensed or registered by the board, when the
facility is the subject of an investigation by or on behalf of the board, shall cooperate
fully with the investigation. Cooperation includes responding fully and promptly to any
question raised by, or on behalf of, the board relating to the subject of the investigation and
providing copies of patient pharmacy records and other relevant records, as reasonably
requested by the board, to assist the board in its investigation. The board shall maintain
any records obtained pursuant to this section as investigative data pursuant to chapter 13.
new text end

Sec. 7.

new text begin [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
new text end

new text begin Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court shall seal the administrative record, except for the board's final decision,
and shall not make the administrative record available to the public.
new text end

Sec. 8.

Minnesota Statutes 2012, section 151.211, is amended to read:


151.211 RECORDS OF PRESCRIPTIONS.

new text begin Subdivision 1. new text end

new text begin Retention of prescription drug orders. new text end

All deleted text beginprescriptions dispensed
deleted text endnew text begin prescription drug ordersnew text end shall be kept on file at the location deleted text beginindeleted text endnew text begin fromnew text end which deleted text beginsuchdeleted text end dispensing
deleted text beginoccurreddeleted text endnew text begin of the ordered drug occursnew text end for a period of at least two years. new text beginPrescription drug
orders that are electronically prescribed must be kept on file in the format in which
they were originally received. Written or printed prescription drug orders and verbal
prescription drug orders reduced to writing, must be kept on file as received or transcribed,
except that such orders may be kept in an electronic format as allowed by the board.
Electronic systems used to process and store prescription drug orders must be compliant
with the requirements of this chapter and the rules of the board. Prescription drug orders
that are stored in an electronic format, as permitted by this subdivision, may be kept on
file at a remote location provided that they are readily and securely accessible from the
location at which dispensing of the ordered drug occurred.
new text end

new text begin Subd. 2. new text end

new text begin Refill requirements. new text end

deleted text beginNodeleted text endnew text begin Anew text end prescription deleted text beginshalldeleted text endnew text begin drug order maynew text end be refilled
deleted text beginexceptdeleted text endnew text begin onlynew text end with the writtennew text begin, electronic,new text end or verbal consent of the prescribernew text begin and in
accordance with the requirements of this chapter, the rules of the board, and where
applicable, section 152.11
new text end. The date of such refill must be recorded and initialed upon
the original prescription new text begindrug order, new text endor within the electronically maintained record of the
original prescription new text begindrug order, new text endby the pharmacist, pharmacist intern, or practitioner
who refills the prescription.

Sec. 9.

new text begin [151.251] COMPOUNDING.
new text end

new text begin Subdivision 1. new text end

new text begin Exemption from manufacturing licensure requirement. new text end

new text begin Section
151.252 shall not apply to:
new text end

new text begin (1) a practitioner engaged in extemporaneous compounding, anticipatory
compounding, or compounding not done pursuant to a prescription drug order when
permitted by this chapter or the rules of the board; and
new text end

new text begin (2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
anticipatory compounding, or compounding not done pursuant to a prescription drug order
when permitted by this chapter or the rules of the board.
new text end

new text begin Subd. 2. new text end

new text begin Compounded drug. new text end

new text begin A drug product may be compounded under this
section if a pharmacist or practitioner:
new text end

new text begin (a) compounds the drug product using bulk drug substances, as defined in the federal
regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
new text end

new text begin (1) that:
new text end

new text begin (i) comply with the standards of an applicable United States Pharmacopoeia
or National Formulary monograph, if a monograph exists, and the United States
Pharmacopoeia chapter on pharmacy compounding;
new text end

new text begin (ii) if such a monograph does not exist, are drug substances that are components of
drugs approved for use in this country by the United States Food and Drug Administration;
or
new text end

new text begin (iii) if such a monograph does not exist and the drug substance is not a component of
a drug approved for use in this country by the United States Food and Drug Administration,
that appear on a list developed by the United States Food and Drug Administration through
regulations issued by the secretary of the federal Department of Health and Human Services
pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
new text end

new text begin (2) that are manufactured by an establishment that is registered under section 360
of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
registered under section 360(i) of that act; and
new text end

new text begin (3) that are accompanied by valid certificates of analysis for each bulk drug substance;
new text end

new text begin (b) compounds the drug product using ingredients, other than bulk drug substances,
that comply with the standards of an applicable United States Pharmacopoeia or National
Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
chapters on pharmacy compounding;
new text end

new text begin (c) does not compound a drug product that appears on a list published by the secretary
of the federal Department of Health and Human Services in the Federal Register of drug
products that have been withdrawn or removed from the market because such drug products
or components of such drug products have been found to be unsafe or not effective;
new text end

new text begin (d) does not compound any drug products that are essentially copies of a
commercially available drug product; and
new text end

new text begin (e) does not compound any drug product that has been identified pursuant to
United States Code, title 21, section 353a, as a drug product that presents demonstrable
difficulties for compounding that reasonably demonstrate an adverse effect on the safety
or effectiveness of that drug product.
new text end

new text begin The term "essentially a copy of a commercially available drug product" does not
include a drug product in which there is a change, made for an identified individual
patient, that produces for that patient a significant difference, as determined by the
prescribing practitioner, between the compounded drug and the comparable commercially
available drug product.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section shall not apply to:
new text end

new text begin (1) compounded positron emission tomography drugs as defined in section 151.01,
subdivision 38; or
new text end

new text begin (2) radiopharmaceuticals.
new text end

Sec. 10.

Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
a subdivision to read:


new text begin Subd. 1a. new text end

new text begin Outsourcing facility. new text end

new text begin (a) No person shall act as an outsourcing facility
without first obtaining a license from the board and paying any applicable manufacturer
licensing fee specified in section 151.065.
new text end

new text begin (b) Application for an outsourcing facility license under this section shall be made
in a manner specified by the board and may differ from the application required of other
drug manufacturers.
new text end

new text begin (c) No license shall be issued or renewed for an outsourcing facility unless the
applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
state law and according to Minnesota Rules.
new text end

new text begin (d) No license shall be issued or renewed for an outsourcing facility unless the
applicant supplies the board with proof of such registration by the United States Food and
Drug Administration as required by United States Code, title 21, section 353b.
new text end

new text begin (e) No license shall be issued or renewed for an outsourcing facility that is required
to be licensed or registered by the state in which it is physically located unless the
applicant supplies the board with proof of such licensure or registration. The board may
establish, by rule, standards for the licensure of an outsourcing facility that is not required
to be licensed or registered by the state in which it is physically located.
new text end

new text begin (f) The board shall require a separate license for each outsourcing facility located
within the state and for each outsourcing facility located outside of the state at which drugs
that are shipped into the state are prepared.
new text end

new text begin (g) The board shall not issue an initial or renewed license for an outsourcing facility
unless the facility passes an inspection conducted by an authorized representative of the
board. In the case of an outsourcing facility located outside of the state, the board may
require the applicant to pay the cost of the inspection, in addition to the license fee in
section 151.065, unless the applicant furnishes the board with a report, issued by the
appropriate regulatory agency of the state in which the facility is located or by the United
States Food and Drug Administration, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.
new text end

Sec. 11.

Minnesota Statutes 2012, section 151.26, is amended to read:


151.26 EXCEPTIONS.

Subdivision 1.

Generally.

Nothing in this chapter shall subject a person duly
licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
by the State Board of Pharmacy, nor prevent the person from administering drugs,
medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
chemicals, or poisons as may be considered appropriate in the treatment of such patient;
unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
provides reasonable notice of an inspection.

Except for the provisions of section 151.37, nothing in this chapter applies to or
interferes with the dispensing, in its original package and at no charge to the patient, of a
legend drug, other than a controlled substance, that was packaged by a manufacturer and
provided to the dispenser for distribution as a professional sample.

Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
practice, nor to hospitals for use therein.

Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
this chapter shall prevent the sale of common household preparations and other drugs,
chemicals, and poisons sold exclusively for use for nonmedicinal purposesdeleted text begin.deleted text endnew text begin; provided
that this exception does not apply to any compound, substance, or derivative that is not
approved for human consumption by the United States Food and Drug Administration
or specifically permitted for human consumption under Minnesota law that, when
introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
purpose of human consumption.
new text end

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 deleted text beginwhichdeleted text endnew text begin thatnew text end is
prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
cosmetics, perfumes, spices, and other commonly used household articles of a chemical
nature, for use for nonmedicinal purposesdeleted text begin.deleted text endnew text begin; provided that this exception does not apply
to any compound, substance, or derivative that is not approved for human consumption
by the United States Food and Drug Administration or specifically permitted for human
consumption under Minnesota law that, when introduced into the body, induces an effect
similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
whether the substance is marketed for the purpose of human consumption.
new text end Nothing in
this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
discount to persons over 65 years of age.

Sec. 12.

Minnesota Statutes 2012, section 151.34, is amended to read:


151.34 PROHIBITED ACTS.

It shall be unlawful to:

(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated
or misbranded;

(2) adulterate or misbrand any drug;

(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or
proffer delivery thereof for pay or otherwise;

(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to
permit access to or copying of any record as authorized by this chapter;

(5) remove or dispose of a detained or embargoed article in violation of this chapter;

(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling
of, or to do any other act with respect to a drug, if such act is done while such drug is held
for sale and results in such drug being adulterated or misbranded;

(7) use for a person's own advantage or to reveal other than to the board or its
authorized representative or to the courts when required in any judicial proceeding under
this chapter any information acquired under authority of this chapter concerning any
method or process deleted text beginwhichdeleted text endnew text begin thatnew text end is a trade secret and entitled to protection;

(8) use on the labeling of any drug any representation or suggestion that an
application with respect to such drug is effective under the federal act or that such drug
complies with such provisions;

(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale
within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed
by applicable law to administer such drug who makes written request for information as to
such drug, true and correct copies of all printed matter deleted text beginwhichdeleted text endnew text begin thatnew text end is required to be included
in any package in which that drug is distributed or sold, or such other printed matter as is
approved under the federal act. Nothing in this paragraph shall be construed to exempt
any person from any labeling requirement imposed by or under provisions of this chapter;

(10) conduct a pharmacy without a pharmacist in charge;

(11) dispense a legend drug without first obtaining a valid prescription for that drug;

(12) conduct a pharmacy without proper registration with the board;

(13) practice pharmacy without being licensed to do so by the board; deleted text beginor
deleted text end

(14) sell at retail federally restricted medical gases without proper registration with
the board except as provided in this chapterdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (15) sell any compound, substance, or derivative that is not approved for human
consumption by the United States Food and Drug Administration or specifically permitted
for human consumption under Minnesota law that, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in
section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
regardless of whether the substance is marketed for the purpose of human consumption.
new text end

Sec. 13.

Minnesota Statutes 2012, section 151.35, is amended to read:


151.35 DRUGS, ADULTERATION.

A drug shall be deemed to be adulterated:

(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or
if it has been produced, prepared, packed, or held under unsanitary conditions whereby it
may have been rendered injurious to health, or whereby it may have been contaminated
with filth; or if the methods used in, or the facilities or controls used for, its manufacture,
processing, packing, or holding do not conform to or are not operated or administered
in conformity with current good manufacturing practice as required under the federal
act to assure that such drug is safe and has the identity, strength, quality, and purity
characteristics, which it purports or is represented to possess; new text beginor the facility in which it
was produced was not registered by the United States Food and Drug Administration or
licensed by the board;
new text endor, its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to health; or it bears
or contains, for purposes of coloring only, a color additive which is unsafe within the
meaning of the federal act, or it is a color additive, the intended use of which in or on drugs
is for the purposes of coloring only, and is unsafe within the meaning of the federal act;

(2) if it purports to be or is represented as a drug the name of which is recognized in
the United States Pharmacopoeia or the National Formulary, and its strength differs from,
or its quality or purity falls below, the standard set forth therein. Such determination as
to strength, quality, or purity shall be made in accordance with the tests or methods of
assay set forth in such compendium, or in the absence of or inadequacy of such tests or
methods of assay, those prescribed under authority of the federal act. No drug defined
in the United States Pharmacopoeia or the National Formulary shall be deemed to be
adulterated under this paragraph because it differs from the standard of strength, quality,
or purity therefor set forth in such compendium, if its difference in strength, quality, or
purity from such standard is plainly stated on its label;

(3) if it is not subject to the provisions of paragraph (2) of this section and its
strength differs from, or its purity or quality differs from that which it purports or is
represented to possess;

(4) if any substance has been mixed or packed therewith so as to reduce its quality or
strength, or substituted wholly or in part therefor.

Sec. 14.

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 deleted text beginwhichdeleted text endnew text begin thatnew text end render the product impractical for the
imprinting required by this section.

deleted text begin (c) The provisions of clauses (a) and (b) shall not apply to any of the following:
deleted text end

deleted text begin (1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
January 1, 1983, and held in stock for resale.
deleted text end

deleted text begin (2) Drugs which are manufactured by or upon the order of a practitioner licensed by
law to prescribe or administer drugs and which are to be used solely by the patient for
whom prescribed.
deleted text end

Sec. 15.

Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
10, section 5, is amended to read:


151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.

Subdivision 1.

Prohibition.

Except as otherwise provided in this chapter, it shall be
unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
distribute a legend drug.

Subd. 2.

Prescribing and filing.

(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and supervision, and may cause a
person who is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by directing a licensed dietitian or
licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.

(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
and mortality.

(c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.

(d) A prescription deleted text beginordeleted text end drug order for the following drugs is not valid, unless it can
be established that the prescription deleted text beginordeleted text endnew text begin drugnew text end order was based on a documented patient
evaluation, including an examination, adequate to establish a diagnosis and identify
underlying conditions and contraindications to treatment:

(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;

(2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7, 8, and 12;

(3) muscle relaxants;

(4) centrally acting analgesics with opioid activity;

(5) drugs containing butalbital; or

(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.

(e) For the purposes of paragraph (d), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:

(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;

(2) the prescribing practitioner has performed a prior examination of the patient;

(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;

(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or

(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.

(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).

(g) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.

(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.

(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (d).

(j) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (d).

(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
treatment of a communicable disease according to the Centers For Disease Control and
Prevention Partner Services Guidelines.

Subd. 2a.

Delegation.

A supervising physician may delegate to a physician assistant
who is registered with the Board of Medical Practice and certified by the National
Commission on Certification of Physician Assistants and who is under the supervising
physician's supervision, the authority to prescribe, dispense, and administer legend drugs
and medical devices, subject to the requirements in chapter 147A and other requirements
established by the Board of Medical Practice in rules.

Subd. 3.

Veterinarians.

A licensed doctor of veterinary medicine, in the course of
professional practice only and not for use by a human being, may personally prescribe,
administer, and dispense a legend drug, and may cause the same to be administered or
dispensed by an assistant under the doctor's direction and supervision.

Subd. 4.

Research.

(a) Any qualified person may use legend drugs in the course
of a bona fide research project, but cannot administer or dispense such drugs to human
beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
authorized to do so.

(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
use by, or administration to, patients enrolled in a bona fide research study that is being
conducted pursuant to either an investigational new drug application approved by the
United States Food and Drug Administration or that has been approved by an institutional
review board. For the purposes of this subdivision only:

(1) a prescription drug order is not required for a pharmacy to dispense a research
drug, unless the study protocol requires the pharmacy to receive such an order;

(2) notwithstanding the prescription labeling requirements found in this chapter or
the rules promulgated by the board, a research drug may be labeled as required by the
study protocol; deleted text beginand
deleted text end

(3) dispensing and distribution of research drugs by pharmacies shall not be
considered deleted text begincompounding,deleted text end manufacturingdeleted text begin,deleted text end or wholesaling under this chapterdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) a pharmacy may compound drugs for research studies as provided in
this subdivision but must follow applicable standards established by United States
Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
new text end

(c) An entity that is under contract to a federal agency for the purpose of distributing
drugs for bona fide research studies is exempt from the drug wholesaler licensing
requirements of this chapter. Any other entity is exempt from the drug wholesaler
licensing requirements of this chapter if the board finds that the entity is licensed or
registered according to the laws of the state in which it is physically located and it is
distributing drugs for use by, or administration to, patients enrolled in a bona fide research
study that is being conducted pursuant to either an investigational new drug application
approved by the United States Food and Drug Administration or that has been approved
by an institutional review board.

Subd. 5.

Exclusion for course of practice.

Nothing in this chapter shall prohibit
the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
practitioners while acting within the course of their practice only.

Subd. 6.

Exclusion for course of employment.

(a) Nothing in this chapter shall
prohibit the possession of a legend drug by an employee, agent, or sales representative of
a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
or registered pharmacy, while acting in the course of employment.

(b) Nothing in this chapter shall prohibit the following entities from possessing a
legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:

(1) a law enforcement officer;

(2) a hazardous waste transporter licensed by the Department of Transportation;

(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
hazardous waste, including household hazardous waste;

(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
very small quantity generator collection program or a minimal generator;

(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
a program in compliance with applicable federal law or a person authorized by the county
to conduct one or more of these activities; or

(6) a sanitary district organized under chapter 115, or a special law.

Subd. 7.

Exclusion for prescriptions.

(a) Nothing in this chapter shall prohibit the
possession of a legend drug by a person for that person's use when it has been dispensed to
the person in accordance with a valid prescription issued by a practitioner.

(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
been dispensed in accordance with a written or oral prescription by a practitioner, from
designating a family member, caregiver, or other individual to handle the legend drug for
the purpose of assisting the person in obtaining or administering the drug or sending
the drug for destruction.

(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
been dispensed in accordance with a valid prescription issued by a practitioner from
transferring the legend drug to a county that collects, stores, transports, or disposes of a
legend drug pursuant to a program in compliance with applicable federal law or to a
person authorized by the county to conduct one or more of these activities.

Subd. 8.

Misrepresentation.

It is unlawful for a person to procure, attempt to
procure, possess, or control a legend drug by any of the following means:

(1) deceit, misrepresentation, or subterfuge;

(2) using a false name; or

(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
obtaining a legend drug.

Subd. 9.

Exclusion for course of laboratory employment.

Nothing in this chapter
shall prohibit the possession of a legend drug by an employee or agent of a registered
analytical laboratory while acting in the course of laboratory employment.

Subd. 10.

Purchase of drugs and other agents by commissioner of health.

The
commissioner of health, in preparation for and in carrying out the duties of sections
144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
communicable disease.

new text begin Subd. 10a. new text end

new text begin Emergency use authorizations. new text end

new text begin Nothing in this chapter shall prohibit
the purchase, possession, or use of a legend drug by an entity acting according to an
emergency use authorization issued by the United States Food and Drug Administration
pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically
tasked in a public health response plan to perform critical functions necessary to support
the response to a public health incident or event.
new text end

Subd. 11.

deleted text beginComplaint reportingdeleted text endnew text begin Exclusion for health care educational programsnew text end.

deleted text begin The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
complaints received regarding the prescription or administration of legend drugs under
section 148.576.
deleted text end new text begin Nothing in this section shall prohibit an accredited public or private
postsecondary school from possessing a legend drug that is not a controlled substance
listed in section 152.02, provided that:
new text end

new text begin (a) the school is approved by the United States secretary of education in accordance
with requirements of the Higher Education Act of 1965, as amended;
new text end

new text begin (b) the school provides a course of instruction that prepares individuals for
employment in a health care occupation or profession;
new text end

new text begin (c) the school may only possess those drugs necessary for the instruction of such
individuals; and
new text end

new text begin (d) the drugs may only be used in the course of providing such instruction and are
labeled by the purchaser to indicate that they are not to be administered to patients.
new text end

new text begin Those areas of the school in which legend drugs are stored are subject to section
151.06, subdivision 1, paragraph (a), clause (4).
new text end

Sec. 16.

Minnesota Statutes 2012, section 151.44, is amended to read:


151.44 DEFINITIONS.

As used in sections 151.43 to 151.51, the following terms have the meanings given
in paragraphs (a) to (h):

(a) "Wholesale drug distribution" means distribution of prescription or
nonprescription drugs to persons other than a consumer or patient or reverse distribution
of such drugs, but does not include:

(1) a sale between a division, subsidiary, parent, affiliated, or related company under
the common ownership and control of a corporate entity;

(2) the purchase or other acquisition, by a hospital or other health care entity that is a
member of a group purchasing organization, of a drug for its own use from the organization
or from other hospitals or health care entities that are members of such organizations;

(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;

(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common control;

(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
for emergency medical reasons;

(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription;

(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
another retail pharmacy to alleviate a temporary shortage;

(8) the distribution of prescription or nonprescription drug samples by manufacturers
representatives; or

(9) the sale, purchase, or trade of blood and blood components.

(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
distribution including, but not limited to, manufacturers; deleted text beginrepackersdeleted text endnew text begin repackagersnew text end; own-label
distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
warehouses, chain drug warehouses, and wholesale drug warehouses; independent
wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
wholesale drug distributor does not include a common carrier or individual hired primarily
to transport prescription or nonprescription drugs.

(c) "Manufacturer" deleted text beginmeans anyone who is engaged in the manufacturing, preparing,
propagating, compounding, processing, packaging, repackaging, or labeling of a
prescription drug
deleted text endnew text begin has the meaning provided in section 151.01, subdivision 14anew text end.

(d) "Prescription drug" means a drug required by federal or state law or regulation
to be dispensed only by a prescription, including finished dosage forms and active
ingredients subject to United States Code, title 21, sections 811 and 812.

(e) "Blood" means whole blood collected from a single donor and processed either
for transfusion or further manufacturing.

(f) "Blood components" means that part of blood separated by physical or
mechanical means.

(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
received from or shipped to Minnesota locations for the purpose of returning the drugs
to their producers or distributors.

(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

Sec. 17.

Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of this section only, the terms defined in this
subdivision have the meanings given.

(a) "Automated drug distribution system" or "system" means a mechanical system
approved by the board that performs operations or activities, other than compounding or
administration, related to the storage, packaging, or dispensing of drugs, and collects,
controls, and maintains all required transaction information and records.

(b) "Health care facility" means a nursing home licensed under section 144A.02;
a housing with services establishment registered under section 144D.01, subdivision 4,
in which a home provider licensed under chapter 144A is providing centralized storage
of medications; or a deleted text begincommunity behavioral health hospital ordeleted text end 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. 18.

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 facilitynew text begin provided that the
policies and procedures required by this section have been approved by the board
new text end. The
automated drug distribution system may be located in a health care facility that is not at
the same location as the managing pharmacy. When located within a health care facility,
the system is considered to be an extension of the managing pharmacy.

Sec. 19.

Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:


Subd. 5.

Operation of automated drug distribution systems.

(a) The managing
pharmacy and the pharmacist in charge are responsible for the operation of an automated
drug distribution system.

(b) Access to an automated drug distribution system must be limited to pharmacy
and nonpharmacy personnel authorized to procure drugs from the system, except that field
service technicians may access a system located in a health care facility for the purposes of
servicing and maintaining it while being monitored either by the managing pharmacy, or a
licensed nurse within the health care facility. In the case of an automated drug distribution
system that is not physically located within a licensed pharmacy, access for the purpose
of procuring drugs shall be limited to licensed nurses. Each person authorized to access
the system must be assigned an individual specific access code. Alternatively, access to
the system may be controlled through the use of biometric identification procedures. A
policy specifying time access parameters, including time-outs, logoffs, and lockouts,
must be in place.

(c) For the purposes of this section only, the requirements of section 151.215 are met
if the following clauses are met:

(1) a pharmacist employed by and working at the managing pharmacynew text begin, or at a
pharmacy that is acting as a central services pharmacy for the managing pharmacy,
pursuant to Minnesota Rules, part 6800.4075,
new text end 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 new text beginemployed by
and working at the managing pharmacy
new text endmust 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.

ARTICLE 6

HEALTH DEPARTMENT AND PUBLIC HEALTH

Section 1.

Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:


Subd. 5.

Electronic drug prior authorization standardization and transmission.

(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
Committee and the Minnesota Administrative Uniformity Committee, shall, by February
15, 2010, identify an outline on how best to standardize drug prior authorization request
transactions between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic transmissions.

(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
develop the standard companion guide by which providers and group purchasers will
exchange standard drug authorization requests using electronic data interchange standards,
if available, with the goal of alignment with standards that are or will potentially be used
nationally.

(c) No later than January 1, deleted text begin2015deleted text endnew text begin 2016new text end, drug prior authorization requests must be
accessible and submitted by health care providers, and accepted by group purchasers,
electronically through secure electronic transmissions. Facsimile shall not be considered
electronic transmission.

Sec. 2.

new text begin [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "facility" has the meaning
provided in United States Code, title 42, section 263b(a)(3)(A).
new text end

new text begin Subd. 2. new text end

new text begin Required notice. new text end

new text begin A facility at which a mammography examination is
performed shall, if a patient is categorized by the facility as having heterogeneously
dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data
System established by the American College of Radiology, include in the summary of the
written report that is sent to the patient, as required by the federal Mammography Quality
Standards Act, United States Code, title 42, section 263b, notice that the patient has dense
breast tissue, that this may make it more difficult to detect cancer on a mammogram, and
that it may increase her risk of breast cancer. The following language may be used:
new text end

new text begin "Your mammogram shows that your breast tissue is dense. Dense breast tissue is
relatively common and is found in more than 40 percent of women. However, dense
breast tissue may make it more difficult to identify precancerous lesions or cancer through
a mammogram and may also be associated with an increased risk of breast cancer. This
information about the results of your mammogram is given to you to raise your own
awareness and to help inform your conversations with your treating clinician who has
received a report of your mammogram results. Together you can decide which screening
options are right for you based on your mammogram results, individual risk factors,
or physical examination."
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
amended to read:


Subd. 2.

Accreditation required.

(a)(1) Except as otherwise provided in deleted text beginparagraph
deleted text endnew text begin paragraphsnew text end (b)new text begin and (c)new text end, advanced diagnostic imaging services eligible for reimbursement
from any source, including, but not limited to, the individual receiving such services
and any individual or group insurance contract, plan, or policy delivered in this state,
including, but not limited to, private health insurance plans, workers' compensation
insurance, motor vehicle insurance, the State Employee Group Insurance Program
(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
which the service has been conducted and processed is licensed pursuant to sections
144.50 to 144.56 or accredited by one of the following entities:

(i) American College of Radiology (ACR);

(ii) Intersocietal Accreditation Commission (IAC);

(iii) the Joint Commission; or

(iv) other relevant accreditation organization designated by the Secretary of the
United States Department of Health and Human Services pursuant to United States Code,
title 42, section 1395M.

(2) All accreditation standards recognized under this section must include, but are
not limited to:

(i) provisions establishing qualifications of the physician;

(ii) standards for quality control and routine performance monitoring by a medical
physicist;

(iii) qualifications of the technologist, including minimum standards of supervised
clinical experience;

(iv) guidelines for personnel and patient safety; and

(v) standards for initial and ongoing quality control using clinical image review
and quantitative testing.

(b) Any facility that performs advanced diagnostic imaging services and is eligible
to receive reimbursement for such services from any source in paragraph (a), clause (1),
must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
imaging services in the state must obtain licensure or accreditation prior to commencing
operations and must, at all times, maintain either licensure pursuant to sections 144.50 to
144.56 or accreditation with an accrediting organization as provided in paragraph (a).

new text begin (c) Dental clinics or offices that perform diagnostic imaging through dental cone
beam computerized tomography do not need to meet the accreditation or reporting
requirements in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(b) "Dentist" means an individual who is licensed to practice dentistry.

(c) "Designated rural area" means deleted text beginan area defined as a small rural area or
isolated rural area according to the four category classifications of the Rural Urban
Commuting Area system developed for the United States Health Resources and Services
Administration
deleted text endnew text begin a city or township that is:
new text end

new text begin (1) outside the seven-county metropolitan area, as defined in section 473.121,
subdivision 2; and
new text end

new text begin (2) has a population under 15,000new text end.

(d) "Emergency circumstances" means those conditions that make it impossible for
the participant to fulfill the service commitment, including death, total and permanent
disability, or temporary disability lasting more than two years.

(e) "Medical resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
anesthetist, advanced clinical nurse specialist, or physician assistant.

(g) "Nurse" means an individual who has completed training and received all
licensing or certification necessary to perform duties as a licensed practical nurse or
registered nurse.

(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.

(i) "Nurse practitioner" means a registered nurse who has graduated from a program
of study designed to prepare registered nurses for advanced practice as nurse practitioners.

(j) "Pharmacist" means an individual with a valid license issued under chapter 151.

(k) "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

(l) "Physician assistant" means a person licensed under chapter 147A.

(m) "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.

(n) "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.

Sec. 5.

Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Electronic cigarettes. new text end

new text begin In any indoor building owned by the state and
under the direction of the commissioner of the Department of Administration, the use of
an electronic cigarette, including the inhaling or exhaling of vapor from any electronic
delivery device, as defined in section 609.685, subdivision 1, is prohibited in the same
way the use of tobacco cigarettes is prohibited under subdivision 1.
new text end

Sec. 6.

Minnesota Statutes 2012, section 144.4165, is amended to read:


144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.

No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
productnew text begin, or inhale or exhale vapor from an electronic delivery device,new text end 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. 7.

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 entitynew text begin and
the hospital participates in the Minnesota stroke registry program
new text end.

Sec. 8.

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 entitynew text begin and the hospital participates in the
Minnesota stroke registry program
new text end.

Sec. 9.

new text begin [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
new text end

new text begin Subdivision 1. new text end

new text begin Notice required. new text end

new text begin A hospital shall give a written notice about victim
rights and available resources to a person seeking medical services in the hospital who
reports to hospital staff or who evidences a sexual assault or other unwanted sexual
contact or sexual penetration. The hospital shall make a good faith effort to provide
this notice prior to medical treatment or the examination performed for the purpose
of gathering evidence, subject to applicable federal and state laws and regulations
regarding the provision of medical care, and in a manner that does not interfere with any
medical screening examination or initiation of treatment necessary to stabilize a victim's
emergency medical condition.
new text end

new text begin Subd. 2. new text end

new text begin Contents of notice. new text end

new text begin The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall
develop the notice required by subdivision 1. The notice must inform the victim, at a
minimum, of:
new text end

new text begin (1) the obligation under section 609.35 of the county where the criminal sexual
conduct occurred to pay for the examination performed for the purpose of gathering
evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
to law enforcement, and that the victim may incur expenses for treatment of injuries; and
new text end

new text begin (2) the victim's rights if the crime is reported to law enforcement, including the
victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
how to apply for reparations, and information on how to obtain an order for protection or
a harassment restraining order.
new text end

Sec. 10.

Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
is amended to read:


Subd. 8.

Correction orders.

(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.

(b) The commissioner shall mail copies of any correction order deleted text beginwithin 30 calendar
days after an exit survey
deleted text end to the last known address of the home care providernew text begin, or
electronically scan the correction order and e-mail it to the last known home care provider
e-mail address, within 30 calendar days after the survey exit date
new text end. A copy of each
correction order and copies of any documentation supplied to the commissioner shall be
kept on file by the home care provider, and public documents shall be made available for
viewing by any person upon request. Copies may be kept electronically.

(c) By the correction order date, the home care provider must document in the
provider's records any action taken to comply with the correction order. The commissioner
may request a copy of this documentation and the home care provider's action to respond
to the correction order in future surveys, upon a complaint investigation, and as otherwise
needed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
new text end

Sec. 11.

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.
new text begin The written request for reconsideration must be received by the commissioner within 15
calendar days of the correction order receipt date.
new text end The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
or reviewing of the correction order being disputed. The correction order reconsiderations
may be conducted in person, by telephone, by another electronic form, or in writing, as
determined by the commissioner. The commissioner shall respond in writing to the request
from a home care provider for a correction order reconsideration within 60 days of the
date the provider requests a reconsideration. The commissioner's response shall identify
the commissioner's decision regarding each citation challenged by the home care provider.

(c) The findings of a correction order reconsideration process shall be one or more of
the following:

(1) supported in full, the correction order is supported in full, with no deletion of
findings to the citation;

(2) supported in substance, the correction order is supported, but one or more
findings are deleted or modified without any change in the citation;

(3) correction order cited an incorrect home care licensing requirement, the correction
order is amended by changing the correction order to the appropriate statutory reference;

(4) correction order was issued under an incorrect citation, the correction order is
amended to be issued under the more appropriate correction order citation;

(5) the correction order is rescinded;

(6) fine is amended, it is determined that the fine assigned to the correction order
was applied incorrectly; or

(7) the level or scope of the citation is modified based on the reconsideration.

(d) If the correction order findings are changed by the commissioner, the
commissioner shall update the correction order Web site.

new text begin (e) This subdivision does not apply to temporary licensees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
new text end

Sec. 12.

Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
is amended to read:


Subd. 3.

Notice.

Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
deleted text beginthe health or safety of a consumer is in imminent danger,deleted text endnew text begin there are level 3 or 4 violations
as defined in section 144A.474, subdivision 11, paragraph (b),
new text end provided:

(1) advance notice is given to the home care provider;

(2) after notice, the home care provider fails to correct the problem;

(3) the commissioner has reason to believe that other administrative remedies are not
likely to be effective; and

(4) there is an opportunity for a contested case hearing within the deleted text begin90deleted text endnew text begin 30new text end daysnew text begin unless
there is an extension granted by an administrative law judge pursuant to subdivision 3b
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective August 1, 2014,
and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
renewal.
new text end

Sec. 13.

Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:


new text begin Subd. 3a. new text end

new text begin Hearing. new text end

new text begin Within 15 business days of receipt of the licensee's timely appeal
of a sanction under this section, other than for a temporary suspension, the commissioner
shall request assignment of an administrative law judge. The commissioner's request must
include a proposed date, time, and place of hearing. A hearing must be conducted by an
administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
within 90 calendar days of the request for assignment, unless an extension is requested by
either party and granted by the administrative law judge for good cause or for purposes of
discussing settlement. In no case shall one or more extensions be granted for a total of
more than 90 calendar days unless there is a criminal action pending against the licensee.
If, while a licensee continues to operate pending an appeal of an order for revocation,
suspension, or refusal to renew a license, the commissioner identifies one or more new
violations of law that meet the requirements of level 3 or 4 violations as defined in section
144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
temporarily suspend the license under the provisions in subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for appeals received on or after
August 1, 2014.
new text end

Sec. 14.

Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:


new text begin Subd. 3b. new text end

new text begin Temporary suspension expedited hearing. new text end

new text begin (a) Within five business
days of receipt of the license holder's timely appeal of a temporary suspension, the
commissioner shall request assignment of an administrative law judge. The request must
include a proposed date, time, and place of a hearing. A hearing must be conducted by an
administrative law judge within 30 calendar days of the request for assignment, unless
an extension is requested by either party and granted by the administrative law judge
for good cause. The commissioner shall issue a notice of hearing by certified mail or
personal service at least ten business days before the hearing. Certified mail to the last
known address is sufficient. The scope of the hearing shall be limited solely to the issue of
whether the temporary suspension should remain in effect and whether there is sufficient
evidence to conclude that the licensee's actions or failure to comply with applicable laws
are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
new text end

new text begin (b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten business days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten business days from the close of the
record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
the commissioner shall issue a final order affirming the temporary immediate suspension
within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
license holder is prohibited from operation during the temporary suspension period.
new text end

new text begin (c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
sanction, the licensee is prohibited from operation pending a final commissioner's order
after the contested case hearing conducted under chapter 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

Sec. 15.

Minnesota Statutes 2012, section 144D.065, is amended to read:


144D.065 TRAINING IN DEMENTIA CARE REQUIRED.

(a) If a housing with services establishment registered under this chapternew text begin has a special
program or special care unit for residents with Alzheimer's disease or other dementias
or advertises,
new text end marketsnew text begin,new text end or otherwise promotesnew text begin the establishment as providingnew text end services
for persons with Alzheimer's disease or deleted text beginrelated disordersdeleted text endnew text begin other dementiasnew text end, whether in a
segregated or general unit, deleted text beginthe establishment's direct care staff and their supervisors must
be trained in dementia care.
deleted text endnew text begin employees of the establishment and of the establishment's
arranged home care provider must meet the following training requirements:
new text end

new text begin (1) supervisors of direct-care staff must have at least eight hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for
each 12 months of employment thereafter;
new text end

new text begin (2) direct-care employees must have completed at least eight hours of initial training
on topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial eight hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
in paragraph (a), clause (1), must be available for consultation with the new employee until
the training requirement is complete. Direct-care employees must have at least two hours
of training on topics related to dementia for each 12 months of employment thereafter;
new text end

new text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and
food service staff, must have at least four hours of initial training on topics specified
under paragraph (b) within 160 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
new text end

new text begin (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
new text end

(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).

new text begin (d) Housing with services establishments not included in paragraph (a) that provide
assisted living services under chapter 144G must meet the following training requirements:
new text end

new text begin (1) supervisors of direct-care staff must have at least four hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for
each 12 months of employment thereafter;
new text end

new text begin (2) direct-care employees must have completed at least four hours of initial training
on topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial four hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b) or supervisor meeting the requirements
under paragraph (a), clause (1), must be available for consultation with the new employee
until the training requirement is complete. Direct-care employees must have at least two
hours of training on topics related to dementia for each 12 months of employment thereafter;
new text end

new text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and
food service staff, must have at least four hours of initial training on topics specified
under paragraph (b) within 160 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
new text end

new text begin (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 16.

new text begin [144D.10] MANAGER REQUIREMENTS.
new text end

new text begin (a) The person primarily responsible for oversight and management of a housing
with services establishment, as designated by the owner of the housing with services
establishment, must obtain at least 30 hours of continuing education every two years of
employment as the manager in topics relevant to the operations of the housing with services
establishment and the needs of its tenants. Continuing education earned to maintain a
professional license, such as nursing home administrator license, nursing license, social
worker license, and real estate license, can be used to complete this requirement.
new text end

new text begin (b) For managers of establishments identified in section 325F.72, this continuing
education must include at least eight hours of documented training on the topics identified
in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
training on these topics for each 12 months of employment thereafter.
new text end

new text begin (c) For managers of establishments not covered by section 325F.72, but who provide
assisted living services under chapter 144G, this continuing education must include at
least four hours of documented training on the topics identified in section 144D.065,
paragraph (b), within 160 working hours of hire, and two hours of training on these topics
for each 12 months of employment thereafter.
new text end

new text begin (d) A statement verifying compliance with the continuing education requirement
must be included in the housing with services establishment's annual registration to the
commissioner of health. The establishment must maintain records for at least three years
demonstrating that the person primarily responsible for oversight and management of the
establishment has attended educational programs as required by this section.
new text end

new text begin (e) New managers may satisfy the initial dementia training requirements by producing
written proof of previously completed required training within the past 18 months.
new text end

new text begin (f) This section does not apply to an establishment registered under section
144D.025 serving the homeless.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 17.

new text begin [144D.11] EMERGENCY PLANNING.
new text end

new text begin (a) Each registered housing with services establishment must meet the following
requirements:
new text end

new text begin (1) have a written emergency disaster plan that contains a plan for evacuation,
addresses elements of sheltering in-place, identifies temporary relocation sites, and details
staff assignments in the event of a disaster or an emergency;
new text end

new text begin (2) post an emergency disaster plan prominently;
new text end

new text begin (3) provide building emergency exit diagrams to all tenants upon signing a lease;
new text end

new text begin (4) post emergency exit diagrams on each floor; and
new text end

new text begin (5) have a written policy and procedure regarding missing tenants.
new text end

new text begin (b) Each registered housing with services establishment must provide emergency
and disaster training to all staff during the initial staff orientation and annually thereafter
and must make emergency and disaster training available to all tenants annually. Staff
who have not received emergency and disaster training are allowed to work only when
trained staff are also working on site.
new text end

new text begin (c) Each registered housing with services location must conduct and document a fire
drill or other emergency drill at least every six months. To the extent possible, drills must
be coordinated with local fire departments or other community emergency resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 18.

Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2,
is amended to read:


Subd. 2.

Duties of director.

The director of child sex trafficking prevention is
responsible for the following:

(1) developing and providing comprehensive training on sexual exploitation of
youth for social service professionals, medical professionals, public health workers, and
criminal justice professionals;

(2) collecting, organizing, maintaining, and disseminating information on sexual
exploitation and services across the state, including maintaining a list of resources on the
Department of Health Web site;

(3) monitoring and applying for federal funding for antitrafficking efforts that may
benefit victims in the state;

(4) managing grant programs established under sections 145.4716 to 145.4718;

(5) new text beginmanaging the request for proposals for grants for comprehensive services,
including trauma-informed, culturally specific services;
new text end

new text begin (6) new text endidentifying best practices in serving sexually exploited youth, as defined in
section 260C.007, subdivision 31;

deleted text begin (6)deleted text end new text begin(7) new text endproviding oversight of and technical support to regional navigators pursuant
to section 145.4717;

deleted text begin (7)deleted text end new text begin(8) new text endconducting a comprehensive evaluation of the statewide program for safe
harbor of sexually exploited youth; and

deleted text begin (8)deleted text end new text begin(9) new text enddeveloping a policy consistent with the requirements of chapter 13 for sharing
data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
among regional navigators and community-based advocates.

Sec. 19.

Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Minority run health care professional associations. new text end

new text begin The commissioner
shall award grants to minority run health care professional associations to achieve the
following:
new text end

new text begin (1) provide collaborative mental health services to minority residents;
new text end

new text begin (2) provide collaborative, holistic, and culturally competent health care services in
communities with high concentrations of minority residents; and
new text end

new text begin (3) collaborate on recruitment, training, and placement of minorities with health
care providers.
new text end

Sec. 20.

Minnesota Statutes 2012, section 149A.92, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Scope. new text end

new text begin Notwithstanding the requirements in section 149A.50, this section
applies only to funeral establishments where human remains are present for the purpose
of preparation and embalming, private viewings, visitations, services, and holding of
human remains while awaiting final disposition. For the purpose of this subdivision,
"private viewing" means viewing of a dead human body by persons designated in section
149A.80, subdivision 2.
new text end

Sec. 21.

Minnesota Statutes 2012, section 325H.05, is amended to read:


325H.05 POSTED WARNING REQUIRED.

(a) The facility owner or operator shall conspicuously post the warning signnew text begins
new text end described in paragraph (b) within three feet of each tanning station. The sign must be
clearly visible, not obstructed by any barrier, equipment, or other object, and must be posted
so that it can be easily viewed by the consumer before energizing the tanning equipment.

(b) The warning sign required in paragraph (a) shall have dimensions not less than
eight inches by ten inches, and must have the following wording:

"DANGER - ULTRAVIOLET RADIATION

deleted text begin -Follow instructions.
deleted text end

deleted text begin -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.
deleted text end

deleted text begin -Wear protective eyewear.
deleted text end

deleted text begin FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
deleted text end

deleted text begin IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
deleted text end

deleted text begin -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."
deleted text end

new text begin WARNING: IF YOU TAN INDOORS FREQUENTLY, YOU SHOULD SEE A
DOCTOR TO CHECK FOR SKIN CANCER. YOU SHOULD NOT TAN
INDOORS IF YOU HAVE HAD SKIN CANCER OR IF YOU HAVE A
FAMILY HISTORY OF SKIN CANCER.
new text end

new text begin Talk to your doctor before tanning indoors if you:
new text end

new text begin -are using medications
new text end

new text begin -have a history of skin problems
new text end

new text begin -are sensitive to sunlight
new text end

new text begin Over time, exposure to ultraviolet radiation may cause premature aging and skin
cancer.
new text end

new text begin -Follow tanning equipment instructions.
new text end

new text begin -Wear protective eyewear to avoid severe burns or long-term injury.
new text end

new text begin -Do not tan if you have a rash or an open cut.
new text end

new text begin -Medications and cosmetics may increase your sensitivity to ultraviolet radiation."
new text end

new text begin (c) All tanning facilities must prominently display a sign in a conspicuous place,
at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
person under age 18 to use any tanning equipment.
new text end

Sec. 22.

new text begin [325H.085] USE BY MINORS PROHIBITED.
new text end

new text begin A person under age 18 may not use any type of tanning equipment as defined by
section 325H.01, subdivision 6, available in a tanning facility in this state.
new text end

Sec. 23.

Minnesota Statutes 2012, section 325H.09, is amended to read:


325H.09 PENALTY.

Any person who leases tanning equipment or who owns a tanning facility and who
operates or permits the equipment or facility to be operated in noncompliance with the
requirements of sections 325H.01 to deleted text begin325H.08deleted text endnew text begin 325H.085new text end is guilty of a petty misdemeanor.

Sec. 24.

new text begin [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Automatic external defibrillator" or "AED" means an electronic device designed
and manufactured to operate automatically or semiautomatically for the purpose of
delivering an electrical current to the heart of a person in sudden cardiac arrest.
new text end

new text begin (c) "AED registry" means a registry of AEDs that requires a maintenance program
or package, and includes, but is not limited to, the following registries: the Minnesota
AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
new text end

new text begin (d) "Person" means a natural person, partnership, association, corporation, or unit
of government.
new text end

new text begin (e) "Public access AED" means any AED that is intended, by its markings or display,
to be used or accessed by the public for the benefit of the general public that may happen
to be in the vicinity or location of that AED. It does not include an AED that is owned or
used by a hospital, clinic, business, or organization that is intended to be used by staff and
is not marked or displayed in a manner to encourage public access.
new text end

new text begin (f) "Maintenance program or package" means a program that will alert the AED
owner when the AED has electrodes and batteries due to expire or replaces those expiring
electrodes and batteries for the AED owner.
new text end

new text begin (g) "Public safety agency" means local law enforcement, county sheriff, municipal
police, tribal agencies, state law enforcement, fire departments, including municipal
departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
and licensed ambulance services.
new text end

new text begin (h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
placed in stationary storage, including, but not limited to, an AED used at an athletic event.
new text end

new text begin (i) "Private use AED" means an AED that is not intended to be used or accessed by
the public for the benefit of the general public. This may include, but is not limited to,
AEDs found in private residences.
new text end

new text begin Subd. 2. new text end

new text begin Registration. new text end

new text begin A person who purchases or obtains a public access AED shall
register that device with an AED registry within 30 working days of receiving the AED.
new text end

new text begin Subd. 3. new text end

new text begin Required information. new text end

new text begin A person registering a public access AED shall
provide the following information for each AED:
new text end

new text begin (1) AED manufacturer, model, and serial number;
new text end

new text begin (2) specific location where the AED will be kept; and
new text end

new text begin (3) the title, address, and telephone number of a person in management at the
business or organization where the AED is located.
new text end

new text begin Subd. 4. new text end

new text begin Information changes. new text end

new text begin The owner of a public access AED shall notify their
AED registry of any changes in the information that is required in the registration within
30 working days of the change occurring.
new text end

new text begin Subd. 5. new text end

new text begin Public access AED requirements. new text end

new text begin A public access AED:
new text end

new text begin (1) may be inspected during regular business hours by a public safety agency with
jurisdiction over the location of the AED;
new text end

new text begin (2) shall be kept in the location specified in the registration; and
new text end

new text begin (3) shall be reasonably maintained, including replacement of dead batteries and
pads/electrodes, and comply with all manufacturer's recall and safety notices.
new text end

new text begin Subd. 6. new text end

new text begin Removal of AED. new text end

new text begin An authorized agent of a public safety agency with
jurisdiction over the location of the AED may direct the owner of a public access AED
to comply with this section. Such authorized agent of a public safety agency may direct
the owner of the AED to remove the AED from its public access location and to remove
or cover any public signs relating to that AED if it is determined that the AED is not
ready for immediate use.
new text end

new text begin Subd. 7. new text end

new text begin Private use AEDs. new text end

new text begin The owner of a private use AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.
new text end

new text begin Subd. 8. new text end

new text begin Mobile AEDs. new text end

new text begin The owner of a mobile AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.
new text end

new text begin Subd. 9. new text end

new text begin Signs. new text end

new text begin A person acquiring a public use AED is encouraged but is not
required to post signs bearing the universal AED symbol in order to increase the ease of
access by the public to the AED in the event of an emergency. A person may not post any
AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
any AED signs by an authorized agent of a public safety agency.
new text end

new text begin Subd. 10. new text end

new text begin Emergency response plans. new text end

new text begin The owner of one or more public access
AEDs shall develop an emergency response plan appropriate for the nature of the facility
the AED is intended to serve.
new text end

new text begin Subd. 11. new text end

new text begin No civil liability. new text end

new text begin Nothing in this section shall create any civil liability on
the part of an AED owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

Sec. 25.

Minnesota Statutes 2012, section 461.12, is amended to read:


461.12 MUNICIPAL deleted text beginTOBACCOdeleted text end LICENSEnew text begin OF TOBACCO,
TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS
new text end.

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 deleted text beginanddeleted text endnew text begin,
new text end tobacco-related devicesnew text begin, and electronic delivery devicesnew text end as defined in section 609.685,
subdivision 1
, new text beginand nicotine and lobelia delivery products as described in section 609.6855,
new text endand 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 deleted text beginanddeleted text endnew text begin,new text end tobacco-related
devicesnew text begin, electronic delivery devices, and nicotine and lobelia productsnew text end in unorganized
territory of the county except on the State Fairgrounds and in a town or a home rule charter
or statutory city if the town or city does not license and regulate retail new text beginsales of new text endtobacco
deleted text beginsalesdeleted text endnew text begin, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products
new text end. The State Agricultural Society shall license and regulate the sale of
tobacconew text begin, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products
new text end on the State Fairgrounds. Retail establishments licensed by a town or
city to sell tobacconew text begin, tobacco-related devices, electronic delivery devices, and nicotine and
lobelia delivery products
new text end 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 deleted text beginordeleted text endnew text begin,new text end tobacco-related devicesnew text begin, electronic delivery devices, or nicotine
or lobelia delivery products
new text end 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 tobacconew text begin, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products
new text end 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
deleted text beginordeleted text endnew text begin,new text end tobacco-related devicesnew text begin, electronic delivery devices, or nicotine or lobelia delivery
products
new text end 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 deleted text beginordeleted text endnew text begin,new text end tobacco-related devicesnew text begin,
electronic delivery devices, or nicotine or lobelia delivery products
new text end. 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 deleted text beginisdeleted text endnew text begin,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
are
new text end sold to test compliance with deleted text beginsectiondeleted text endnew text begin sectionsnew text end 609.685new text begin and 609.6855new text end. Compliance
checks must involve minors over the age of 15, but under the age of 18, who, with the prior
written consent of a parent or guardian, attempt to purchase tobacco deleted text beginordeleted text endnew text begin,new text end tobacco-related
devicesnew text begin, electronic delivery devices, or nicotine or lobelia delivery productsnew text end under the
direct supervision of a law enforcement officer or an employee of the licensing authority.

Subd. 6.

Defense.

It is an affirmative defense to the charge of selling tobacco
deleted text beginordeleted text endnew text begin,new text end tobacco-related devicesnew text begin, electronic delivery devices, or nicotine or lobelia delivery
products
new text end to a person under the age of 18 years in violation of subdivision 2 or 3 that the
licensee or individual making the sale relied in good faith upon proof of age as described
in section 340A.503, subdivision 6.

Subd. 7.

Judicial review.

Any person aggrieved by a decision under subdivision
2 or 3 may have the decision reviewed in the district court in the same manner and
procedure as provided in section 462.361.

Subd. 8.

Notice to commissioner.

The licensing authority under this section shall,
within 30 days of the issuance of a license, inform the commissioner of revenue of the
licensee's name, address, trade name, and the effective and expiration dates of the license.
The commissioner of revenue must also be informed of a license renewal, transfer,
cancellation, suspension, or revocation during the license period.

Sec. 26.

Minnesota Statutes 2012, section 461.18, is amended to read:


461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.

Subdivision 1.

Except in adult-only facilities.

(a) No person shall offer for sale
tobacco or tobacco-related devices, new text beginor electronic delivery devices new text endas defined in section
609.685, subdivision 1, new text beginor nicotine or lobelia delivery products as described in section
609.6855,
new text endin open displays which are accessible to the public without the intervention
of a store employee.

(b) [Expired August 28, 1997]

(c) [Expired]

(d) This subdivision shall not apply to retail stores which derive at least 90 percent
of their revenue from tobacco and tobacco-related deleted text beginproductsdeleted text endnew text begin devicesnew text end and where the retailer
ensures that no person younger than 18 years of age is present, or permitted to enter, at
any time.

Subd. 2.

Vending machine sales prohibited.

No person shall sell tobacco productsnew text begin,
electronic delivery devices, or nicotine or lobelia delivery products
new text end from vending
machines. This subdivision does not apply to vending machines in facilities that cannot be
entered at any time by persons younger than 18 years of age.

Subd. 3.

Federal regulations for cartons, multipacks.

Code of Federal
Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
and other multipack units.

Sec. 27.

Minnesota Statutes 2012, section 461.19, is amended to read:


461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.

Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
restrictive regulation of new text beginsales of new text endtobacco deleted text beginsalesdeleted text endnew text begin, tobacco-related devices, electronic delivery
devices, and nicotine and lobelia products
new text end. A governing body shall give notice of its
intention to consider adoption or substantial amendment of any local ordinance required
under section 461.12 or permitted under this section. The governing body shall take
reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
known address of each licensee or person required to hold a license under section 461.12.
The notice shall state the time, place, and date of the meeting and the subject matter of
the proposed ordinance.

Sec. 28.

new text begin [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
new text end

new text begin (a) For purposes of this section, "child-resistant packaging" is defined as set forth in
Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on the effective
date of this act, when tested in accordance with the method described in Code of Federal
Regulations, title 16, section 1700.20, as in effect on the effective date of this act.
new text end

new text begin (b) The sale of any liquid, whether or not such liquid contains nicotine, that is
intended for human consumption and use in an electronic delivery device, as defined in
section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is
prohibited. All licensees under this chapter must ensure that any liquid intended for human
consumption and use in an electronic delivery device is sold in child-resistant packaging.
new text end

new text begin (c) A licensee that fails to comply with this section is subject to administrative
penalties under section 461.12, subdivision 2.
new text end

new text begin (d) This section shall not apply to any liquid, whether or not such liquid contains
nicotine, that is intended for human consumption and use in an electronic delivery device
or nicotine or lobelia delivery product where the liquid is contained in a prefilled, sealed
cartridge that is sold, marketed, or intended for use in an electronic delivery device or
nicotine or lobelia delivery product, provided that such cartridge is prefilled and sealed by
the manufacturer, and not intended to be opened by the consumer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 29.

new text begin [461.21] KIOSK SALES PROHIBITED.
new text end

new text begin No person shall sell tobacco, tobacco-related devices, or electronic delivery devices
as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as
described in section 609.6855, from a moveable place of business. For the purposes of this
section, a moveable place of business means any retail business whose physical location is
not permanent, including, but not limited to, any retail business that i