Minnesota Legislature
HF 2402
3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 11:14am
Current Version - 3rd Engrossment
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 6.36 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 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 8.34
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
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 11.33 11.34 11.35 11.36 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
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 13.34
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
14.36
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 15.35 15.36 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 16.35 16.36 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 18.35 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 19.34 19.35 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 20.36 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 21.35 21.36 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 23.34 23.35 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 25.34 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 26.34
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 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 28.33 28.34 28.35 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
29.34
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 30.33 30.34 30.35 30.36 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 31.35 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 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 33.34 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 34.34 34.35 34.36 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 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 36.35 36.36 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 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
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 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 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 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 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 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 45.34 45.35 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 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 48.34 48.35 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 49.31
49.32 49.33 49.34 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 50.33 50.34 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 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 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 54.34 54.35 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 55.31 55.32 55.33 55.34 55.35 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 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 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 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 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 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
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
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 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 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 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 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 68.35 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 70.36 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 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 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 78.35 78.36 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 79.33 79.34 79.35 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 80.34 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 81.36 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 82.35 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 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 84.36 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 85.36 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 86.35 86.36 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 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 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 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 94.35 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 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 96.35 96.36 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 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 98.36 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 99.33 99.34 99.35 99.36 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 102.36 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19
103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32
104.33 104.34 104.35 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11
105.12 105.13 105.14 105.15 105.16 105.17 105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 106.36
107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 107.36 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35 108.36 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 109.36 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 110.36 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 111.36 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 113.36 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35 114.36 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33
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
116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4
117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 118.1 118.2 118.3 118.4 118.5 118.6 118.7
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
118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3
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
119.30 119.31 119.32 119.33 120.1 120.2
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
121.33 121.34 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17
122.18 122.19
122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21
123.22 123.23
123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2 124.3 124.4
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
124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19
125.20
125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5
126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30
127.31
127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22
128.23
128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 129.1 129.2 129.3 129.4 129.5 129.6
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
129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17
130.18 130.19 130.20
130.21 130.22 130.23 130.24 130.25
130.26 130.27 130.28 130.29 130.30 130.31 130.32 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26
132.27
132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24
134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9
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
136.1 136.2 136.3 136.4 136.5 136.6 136.7
136.8 136.9 136.10
136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 138.1 138.2 138.3 138.4 138.5
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
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
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
141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18
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
143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 145.36 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 147.36 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20
149.21 149.22 149.23 149.24 149.25 149.26
149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 150.1 150.2 150.3 150.4 150.5 150.6 150.7
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
150.30 150.31 151.1 151.2 151.3 151.4 151.5
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
151.27 151.28 151.29 151.30 151.31 151.32 151.33 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31
153.32 153.33 153.34 153.35 154.1 154.2 154.3 154.4 154.5 154.6 154.7
154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16
154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9
155.10 155.11 155.12 155.13 155.14 155.15 155.16
155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 157.36 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 158.36 159.1 159.2
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
159.29 159.30 159.31 159.32 159.33 160.1 160.2 160.3
160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 161.1 161.2 161.3
161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 162.1 162.2 162.3 162.4 162.5 162.6
162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31
163.32 163.33 163.34 163.35 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10
164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27
165.28
165.29 165.30 165.31 165.32 165.33 165.34 165.35 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30
166.31
166.32 166.33 166.34 166.35 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33
167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17
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
170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 171.36 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13
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
172.31 172.32 172.33 172.34 173.1 173.2 173.3
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
173.30 173.31 173.32 173.33 173.34 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 174.36 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20
175.21
175.22 175.23
175.24 175.25
175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 176.36 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14
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
178.1 178.2
178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19
179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 179.35 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11
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
180.32 180.33 181.1 181.2 181.3 181.4 181.5
181.6 181.7 181.8 181.9 181.10
181.11 181.12
181.13 181.14 181.15 181.16 181.17
181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 182.36 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35
184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 184.35 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 185.35 185.36 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15
186.16 186.17 186.18 186.19 186.20 186.21 186.22
186.23 186.24 186.25 186.26
186.27 186.28 186.29 186.30 186.31 186.32 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22
188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23
189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 189.35 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12
190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 191.35 191.36
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
192.31 192.32 193.1 193.2 193.3 193.4 193.5 193.6
193.7 193.8
193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 194.34 194.35 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34 195.35 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35 196.36 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29
197.30 197.31 197.32 197.33 197.34 197.35 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10
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
198.32 198.33 199.1 199.2 199.3 199.4
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
199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 200.1 200.2 200.3 200.4 200.5 200.6
200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14
201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34 202.35 202.36 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8
203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 204.36 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 205.35 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17
206.18
206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 207.1 207.2
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
207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10
208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 209.1 209.2
209.3 209.4 209.5 209.6 209.7 209.8
209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22
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
213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 213.35 214.1 214.2 214.3 214.4 214.5 214.6
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
215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 216.35 216.36 217.1 217.2 217.3 217.4 217.5
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
217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 217.34 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34 218.35 218.36 219.1 219.2
219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28
219.29 219.30 219.31 219.32 219.33 219.34 220.1 220.2 220.3 220.4
220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20
220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29
220.30 220.31 220.32 220.33 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9
221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30
221.31 221.32 221.33 221.34
222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10
222.11
222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23
223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 223.34 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13
224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 224.34 224.35 225.1 225.2 225.3 225.4
225.5 225.6
225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12
227.13 227.14 227.15 227.16
A bill for an act
relating to state government; making changes to health and human services
policy provisions; modifying provisions relating to children and family
services, the provision of health services, chemical and mental health services,
health-related occupations, Department of Health, public health, continuing care,
public assistance programs, and health care; establishing reporting requirements
and grounds for disciplinary action for health professionals; making changes to
the medical assistance program; modifying provisions governing child care and
juvenile safety and placement; regulating the sale and use of tobacco-related and
electronic delivery devices; modifying requirements for local boards of health;
making changes to provisions governing the Board of Pharmacy; modifying
home and community-based services standards; revising the Minnesota family
investment program; establishing and modifying task forces and advisory
councils; making changes to grant programs; modifying certain penalty fees;
requiring studies and reports; authorizing rulemaking; appropriating money;
amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497,
subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.414,
subdivisions 2, 3, by adding a subdivision; 144.4165; 144D.065; 145.928, by
adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions;
145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended;
145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions;
145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131;
146A.01, subdivision 6; 148.01, subdivisions 1, 2, by adding a subdivision;
148.105, subdivision 1; 148.261, subdivision 4, by adding a subdivision;
148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1;
148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision
1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding
a subdivision; 148.7814; 148.995, subdivision 2; 148.996, subdivision 2;
148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01,
subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091,
subdivisions 3, 8, 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.361,
subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 152.126,
as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.09,
subdivision 3; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision;
214.29; 214.31; 214.32, by adding a subdivision; 214.33, subdivision 3, by
adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a;
245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding
a subdivision; 254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659,
subdivisions 11, 28; 256B.493, subdivision 1; 256B.5016, subdivision 1;
256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e;
256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by
adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04,
subdivisions 1a, 2a; 256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30,
subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49,
subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626,
subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751,
subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.212,
subdivision 2; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05;
325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855;
626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013
Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2;
144.494, subdivision 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision
3, by adding subdivisions; 144A.4799, subdivision 3; 145A.06, subdivision 7;
146A.11, subdivision 1; 151.252, by adding a subdivision; 152.02, subdivision
2; 245A.1435; 245A.50, subdivision 5; 245D.071, subdivisions 1, 4; 245D.09,
subdivisions 4, 4a, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04,
subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21;
256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85,
subdivision 12; 256D.44, subdivision 5; 256J.21, subdivision 2; 256J.24,
subdivision 3; 256J.621, subdivision 1; 256J.626, subdivision 6; 260.835,
subdivision 2; 364.09; 626.556, subdivision 7; 626.557, subdivision 9; Laws
2011, First Special Session chapter 9, article 7, section 7; article 9, section 17;
Laws 2013, chapter 108, article 7, section 60; 2014 H.F. No. 2950, article 1,
section 12, if enacted; proposing coding for new law in Minnesota Statutes,
chapters 144; 144D; 145; 146A; 150A; 151; 214; 245A; 260D; 325H; 403; 461;
repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03,
subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions
1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3;
148.7808, subdivision 2; 148.7813; 256.01, subdivision 32; 325H.06; 325H.08;
Minnesota Statutes 2013 Supplement, section 148.6440; Minnesota Rules, parts
2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, subpart 3;
9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 9505.5315;
9505.5325; 9525.1580.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILDREN AND FAMILIES
Section 1.
Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to
read:
Subd. 19.
Family day care and group family day care child age classifications.
(a) For the purposes of family day care and group family day care licensing under this
chapter, the following terms have the meanings given them in this subdivision.
(b) "Newborn" means a child between birth and six weeks old.
(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
(d) "Toddler" means a child who is at least 12 months old but less than 24 months
old, except that for purposes of specialized infant and toddler family and group family day
care, "toddler" means a child who is at least 12 months old but less than 30 months old.
(e) "Preschooler" means a child who is at least 24 months old up to deleted text begin thedeleted text end new text begin schoolnew text end age deleted text begin of
being eligible to enter kindergarten within the next four monthsdeleted text end .
(f) "School age" means a child who is at least deleted text begin of sufficient age to have attended the
first day of kindergarten, or is eligible to enter kindergarten within the next four months
deleted text end new 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 begin be at least one-half hour in length and must be completed in person at least once
every two years. On the years when the license holder is not receiving the in-person
training on sudden unexpected infant death reduction, the license holder must receive
sudden unexpected infant death reduction training through a video of no more than one
hour in length developed or approved by the commissioner.deleted text end new text begin ,new text end at a minimum, deleted text begin the training
mustdeleted 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 begin be at least
one-half hour in length and must be completed at least once every year.deleted text end new text begin ,new text end at a minimum,
deleted text begin the 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.212, subdivision 2, is amended to read:
Subd. 2.
Placement decisions based on best interests of the child.
(a) The
policy of the state of Minnesota is to ensure that the child's best interests are met by
requiring an individualized determination of the needs of the child and of how the selected
placement will serve the needs of the child being placed. The authorized child-placing
agency shall place a child, released by court order or by voluntary release by the parent
or parents, in a family foster home selected by considering placement with relatives and
important friends in the following order:
(1) with an individual who is related to the child by blood, marriage, or adoption; or
(2) with an individual who is an important friend with whom the child has resided or
had significant contact.
(b) Among the factors the agency shall consider in determining the needs of the
child are the following:
(1) the child's current functioning and behaviors;
(2) the medical needs of the child;
(3) the educational needs of the child;
(4) the developmental needs of the child;
(5) the child's history and past experience;
(6) the child's religious and cultural needs;
(7) the child's connection with a community, school, and faith community;
(8) the child's interests and talents;
(9) the child's relationship to current caretakers, parents, siblings, and relatives; and
(10) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
preferences.
(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.
(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is documented that a joint placement would be contrary to the
safety or well-being of any of the siblings or unless it is not possible after reasonable
efforts by the responsible social services agency. In cases where siblings cannot be placed
together, the agency is required to provide frequent visitation or other ongoing interaction
between siblings unless the agency documents that the interaction would be contrary to
the safety or well-being of any of the siblings.
(e) Except for emergency placement as provided for in section 245A.035, new text begin the
following requirements must be satisfied before the approval of a foster or adoptive
placement in a related or unrelated home: (1) new text end a completed background study deleted text begin is required
deleted text end under section 245C.08 deleted text begin before the approval of a foster placement in a related or unrelated
homedeleted text end new text begin ; and (2) a completed review of the written home study required under section
260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective
foster or adoptive parent to ensure the placement will meet the needs of the individual childnew text end .
Sec. 7.
Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
Subd. 4.
Duties of commissioner.
The commissioner of human services shall:
(1) provide practice guidance to responsible social services agencies and child-placing
agencies that reflect federal and state laws and policy direction on placement of children;
(2) develop criteria for determining whether a prospective adoptive or foster family
has the ability to understand and validate the child's cultural background;
(3) provide a standardized training curriculum for adoption and foster care workers
and administrators who work with children. Training must address the following objectives:
(i) developing and maintaining sensitivity to all cultures;
(ii) assessing values and their cultural implications;
(iii) making individualized placement decisions that advance the best interests of a
particular child under section 260C.212, subdivision 2; and
(iv) issues related to cross-cultural placement;
(4) provide a training curriculum for all prospective adoptive and foster families that
prepares them to care for the needs of adoptive and foster children taking into consideration
the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
(5) develop and provide to agencies a home study format to assess the capacities
and needs of prospective adoptive and foster families. The format must address
problem-solving skills; parenting skills; evaluate the degree to which the prospective
family has the ability to understand and validate the child's cultural background, and other
issues needed to provide sufficient information for agencies to make an individualized
placement decision consistent with section 260C.212, subdivision 2.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. 8.
Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
Subd. 6.
Duties of child-placing agencies.
(a) Each authorized child-placing
agency must:
(1) develop and follow procedures for implementing the requirements of section
260C.212, subdivision 2, and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923;
(2) have a written plan for recruiting adoptive and foster families that reflect the
ethnic and racial diversity of children who are in need of foster and adoptive homes.
The plan must include:
(i) strategies for using existing resources in diverse communities;
(ii) use of diverse outreach staff wherever possible;
(iii) use of diverse foster homes for placements after birth and before adoption; and
(iv) other techniques as appropriate;
(3) have a written plan for training adoptive and foster families;
(4) have a written plan for employing staff in adoption and foster care who have
the capacity to assess the foster and adoptive parents' ability to understand and validate a
child's cultural and meet the child's individual needs, and to advance the best interests of
the child, as required in section 260C.212, subdivision 2. The plan must include staffing
goals and objectives;
(5) ensure that adoption and foster care workers attend training offered or approved
by the Department of Human Services regarding cultural diversity and the needs of special
needs children; deleted text begin and
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 end new 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. 9.
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. 10.
Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
Subd. 11c.
Welfare, court services agency, and school records maintained.
Notwithstanding sections 138.163 and 138.17, records maintained or records derived
from reports of abuse by local welfare agencies, agencies responsible for assessing or
investigating the report, court services agencies, or schools under this section shall be
destroyed as provided in paragraphs (a) to (d) by the responsible authority.
(a) For family assessment cases and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the assessment or
investigation records must be maintained for a period of four years. Records under this
paragraph may not be used for employment, background checks, or purposes other than to
assist in future risk and safety assessments.
(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.
(c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph (d), shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.
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 commissioner of human services shall specify to the counties the
minimum information needed to accomplish this purpose. Counties shall enter this data
into the state social services information system.
new text end
Sec. 11.
2014 H.F. No. 2950, article 1, section 12, if enacted, is amended to read:
Sec. 12. REPEALER.
(a) Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision
2; 119B.23; 119B.231; 119B.232; 256.01, subdivisions 3, 14, and 14a; 256.9792;
256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b
and 5; 256I.07; 256K.35; 259.85, subdivisions 2, 3, 4, and 5; 518A.53, subdivision 7;
deleted text begin 518A.74;deleted text end and 626.5593, are repealed.
(b) Minnesota Statutes 2012, section 256J.24, subdivision 10, is repealed effective
October 1, 2014.
(c) Minnesota Statutes 2013 Supplement, section 259.85, subdivision 1, is repealed.
Sec. 12. new text begin MINNESOTA 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
ARTICLE 2
PROVISION OF HEALTH SERVICES
Section 1.
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. 2.
new text begin
[151.71] MAXIMUM ALLOWABLE COST PRICING.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
(a) For purposes of this section, the following definitions
apply.
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 is received; 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 an appeal is upheld, the pharmacy benefit manager shall make an adjustment
to the maximum allowable cost price no later than one business day after the date of
determination. The pharmacy benefit manager shall make the price adjustment applicable
to all similarly situated network pharmacy providers as defined by the plan sponsor.
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. 3.
Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
113, article 3, section 3, is amended to read:
152.126 deleted text begin CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
REPORTING SYSTEMdeleted text end new text begin PRESCRIPTION MONITORING PROGRAMnew text end .
Subdivision 1.
Definitions.
new text begin (a) new text end For purposes of this section, the terms defined in
this subdivision have the meanings given.
deleted text begin (a)deleted text end new text begin (b)new text end "Board" means the Minnesota State Board of Pharmacy established under
chapter 151.
deleted text begin (b)deleted text end new text begin (c)new text end "Controlled substances" means those substances listed in section 152.02,
subdivisions 3 to deleted text begin 5deleted text end new text begin 6new text end , and those substances defined by the board pursuant to section
152.02, subdivisions 7, 8, and 12.new text begin For the purposes of this section, controlled substances
includes tramadol and butalbital.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision 30. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.
deleted text begin (d)deleted text end new text begin (e)new text end "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
not include a licensed hospital pharmacy that distributes controlled substances for inpatient
hospital care or a veterinarian who is dispensing prescriptions under section 156.18.
deleted text begin (e)deleted text end new text begin (f)new text end "Prescriber" means a licensed health care professional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1new text begin or 2new text end .
deleted text begin (f)deleted text end new text begin (g)new text end "Prescription" has the meaning given in section 151.01, subdivision 16.
Subd. 1a.
Treatment of intractable pain.
This section is not intended to limit or
interfere with the legitimate prescribing of controlled substances for pain. No prescriber
shall be subject to disciplinary action by a health-related licensing board for prescribing a
controlled substance according to the provisions of section 152.125.
Subd. 2.
Prescription electronic reporting system.
(a) The board shall establish
by January 1, 2010, an electronic system for reporting the information required under
subdivision 4 for all controlled substances dispensed within the state.
(b) The board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, operation, and maintenance of the electronic
reporting system.
Subd. 3.
Prescription deleted text begin Electronic Reportingdeleted text end new text begin Monitoring Program new text end Advisory
deleted text begin Committeedeleted text end new text begin Task Forcenew text end .
(a) The board deleted text begin shall convenedeleted text end new text begin shall appointnew text end an advisory deleted text begin committee.
The committee must includedeleted text end new text begin task force consisting ofnew text end at least one representative of:
(1) the Department of Health;
(2) the Department of Human Services;
(3) each health-related licensing board that licenses prescribers;
(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;
(5) a professional pharmacy association;
(6) a professional nursing association;
(7) a professional dental association;
(8) a consumer privacy or security advocate; deleted text begin and
deleted text end
(9) a consumer or patient rights organizationnew text begin ; and
new text end
new text begin (10) an association of medical examiners and coronersnew text end .
(b) The advisory deleted text begin committeedeleted text end new text begin task force new text end shall advise the board on the development and
operation of the deleted text begin electronic reporting systemdeleted text end new text begin prescription monitoring programnew text end , including,
but not limited to:
(1) technical standards for electronic prescription drug reporting;
(2) proper analysis and interpretation of prescription monitoring data; deleted text begin and
deleted text end
(3) an evaluation process for the programnew text begin ; and
new text end
new text begin (4) criteria for the unsolicited provision of prescription monitoring data by the
board to prescribers and dispensersnew text end .
new text begin
(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
subdivision 5, the task force shall not expire.
new text end
Subd. 4.
Reporting requirements; notice.
(a) Each dispenser must submit the
following data to the board or its designated vendordeleted text begin , subject to the notice required under
paragraph (d)deleted text end :
(1) name of the prescriber;
(2) national provider identifier of the prescriber;
(3) name of the dispenser;
(4) national provider identifier of the dispenser;
(5) prescription number;
(6) name of the patient for whom the prescription was written;
(7) address of the patient for whom the prescription was written;
(8) date of birth of the patient for whom the prescription was written;
(9) date the prescription was written;
(10) date the prescription was filled;
(11) name and strength of the controlled substance;
(12) quantity of controlled substance prescribed;
(13) quantity of controlled substance dispensed; and
(14) number of days supply.
(b) The dispenser must submit the required information by a procedure and in a
format established by the board. The board may allow dispensers to omit data listed in this
subdivision or may require the submission of data not listed in this subdivision provided
the omission or submission is necessary for the purpose of complying with the electronic
reporting or data transmission standards of the American Society for Automation in
Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
standard-setting body.
(c) A dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for:
deleted text begin
(1) individuals residing in licensed skilled nursing or intermediate care facilities;
deleted text end
deleted text begin
(2) individuals receiving assisted living services under chapter 144G or through a
medical assistance home and community-based waiver;
deleted text end
deleted text begin
(3) individuals receiving medication intravenously;
deleted text end
deleted text begin
(4) individuals receiving hospice and other palliative or end-of-life care; and
deleted text end
deleted text begin
(5) individuals receiving services from a home care provider regulated under chapter
144A.
deleted text end
new text begin
(1) individuals residing in a health care facility as defined in section 151.58,
subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
drug distribution system according to section 151.58; and
new text end
new text begin
(2) individuals receiving a drug sample that was packaged by a manufacturer and
provided to the dispenser for dispensing as a professional sample pursuant to Code of
Federal Regulations, title 21, part 203, subpart D.
new text end
(d) A dispenser must deleted text begin not submit data under this subdivision unlessdeleted text end new text begin provide to the
patient for whom the prescription was written new text end a conspicuous notice of the reporting
requirements of this section deleted text begin is given to the patient for whom the prescription was written
deleted text end new text begin and notice that the information may be used for program administration purposesnew text end .
Subd. 5.
Use of data by board.
(a) The board shall develop and maintain a database
of the data reported under subdivision 4. The board shall maintain data that could identify
an individual prescriber or dispenser in encrypted form.new text begin Except as otherwise allowed
under subdivision 6,new text end the database may be used by permissible users identified under
subdivision 6 for the identification of:
(1) individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or with a
frequency inconsistent with generally recognized standards of use for those controlled
substances, including standards accepted by national and international pain management
associations; and
(2) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.
(b) No permissible user identified under subdivision 6 may access the database
for the sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.
(c) No personnel of a state or federal occupational licensing board or agency may
access the database for the purpose of obtaining information to be used to initiate or
substantiate a disciplinary action against a prescriber.
(d) Data reported under subdivision 4 shall be deleted text begin retained by the board in the database
for a 12-month period, and shall be deleted text end deleted text begin removed from the databasedeleted text end deleted text begin no later than 12 months
from the last day of the month during deleted text end deleted text begin which the data was received.deleted text end new text begin made available to
permissible users for a 12-month period beginning the day the data was received and
ending 12 months from the last day of the month in which the data was received, except
that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may
use all data collected under this section for the purposes of administering, operating,
and maintaining the prescription monitoring program and conducting trend analyses
and other studies necessary to evaluate the effectiveness of the program. Data retained
beyond 24 months must be de-identified.
new text end
new text begin
(e) The board shall not retain data reported under subdivision 4 for a period longer
than four years from the date the data was received.
new text end
Subd. 6.
Access to reporting system data.
(a) Except as indicated in this
subdivision, the data submitted to the board under subdivision 4 is private data on
individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:
(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber isnew text begin :
new text end
new text begin (i)new text end prescribing or considering prescribing any controlled substancenew text begin ;
new text end
new text begin
(ii) providing emergency medical treatment for which access to the data may be
necessary; or
new text end
new text begin (iii) providing other medical treatment for which access to the data may be necessary
and the patient has consented to access to the submitted data,new text end and with the provision that
the prescriber remains responsible for the use or misuse of data accessed by a delegated
agent or employee;
(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically
to a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;
new text begin
(3) a licensed pharmacist who is providing pharmaceutical care for which access
to the data may be necessary to the extent that the information relates specifically to a
current patient for whom the pharmacist is providing pharmaceutical care if the patient has
consented to access to the submitted data;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end an individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4, or a guardian of the individual, parent or
guardian of a minor, or health care agent of the individual acting under a health care
directive under chapter 145C;
deleted text begin (4)deleted text end new text begin (5)new text end personnel of the board specifically assigned to conduct a bona fide
investigation of a specific licensee;
deleted text begin (5)deleted text end new text begin (6)new text end personnel of the board engaged in the collectionnew text begin , review, and analysis
new text end of controlled substance prescription information as part of the assigned duties and
responsibilities under this section;
deleted text begin (6)deleted text end new text begin (7)new text end authorized personnel of a vendor under contract with the deleted text begin boarddeleted text end new text begin state of
Minnesota new text end who are engaged in the design, implementation, operation, and maintenance of
the deleted text begin electronic reporting systemdeleted text end new text begin prescription monitoring program new text end as part of the assigned
duties and responsibilities of their employment, provided that access to data is limited to
the minimum amount necessary to carry out such duties and responsibilitiesnew text begin , and subject
to the requirement of de-identification and time limit on retention of data specified in
subdivision 5, paragraphs (d) and (e)new text end ;
deleted text begin (7)deleted text end new text begin (8)new text end federal, state, and local law enforcement authorities acting pursuant to a
valid search warrant;
deleted text begin (8)deleted text end new text begin (9)new text end personnel of the deleted text begin medical assistance programdeleted text end new text begin Minnesota health care programs
new text end assigned to use the data collected under this section to identifynew text begin and managenew text end recipients
whose usage of controlled substances may warrant restriction to a single primary care
deleted text begin physiciandeleted text end new text begin providernew text end , a single outpatient pharmacy, deleted text begin ordeleted text end new text begin andnew text end a single hospital; deleted text begin and
deleted text end
deleted text begin (9)deleted text end new text begin (10)new text end personnel of the Department of Human Services assigned to access the
data pursuant to paragraph (h)new text begin ; and
new text end
new text begin (11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is
currently enrolled in and being monitored by the program, and the individual consents to
access to that information. The health professionals services program personnel shall not
provide this data to a health-related licensing board or the Emergency Medical Services
Regulatory Board, except as permitted under section 214.33, subdivision 3new text end .
For purposes of clause deleted text begin (3)deleted text end new text begin (4)new text end , access by an individual includes persons in the
definition of an individual under section 13.02.
(c) deleted text begin Anydeleted text end new text begin Anew text end permissible user identified in paragraph (b), deleted text begin whodeleted text end new text begin clauses (1), (2), (3), (6),
(7), (9), and (10) maynew text end directly deleted text begin accessesdeleted text end new text begin accessnew text end the data electronicallydeleted text begin ,deleted text end new text begin . If the data is directly
accessed electronically, the permissible usernew text end shall implement and maintain a comprehensive
information security program that contains administrative, technical, and physical
safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
personal information obtained. The permissible user shall identify reasonably foreseeable
internal and external risks to the security, confidentiality, and integrity of personal
information that could result in the unauthorized disclosure, misuse, or other compromise
of the information and assess the sufficiency of any safeguards in place to control the risks.
(d) The board shall not release data submitted under deleted text begin this sectiondeleted text end new text begin subdivision 4 new text end unless
it is provided with evidence, satisfactory to the board, that the person requesting the
information is entitled to receive the data.
deleted text begin
(e) The board shall not release the name of a prescriber without the written consent
of the prescriber or a valid search warrant or court order. The board shall provide a
mechanism for a prescriber to submit to the board a signed consent authorizing the release
of the prescriber's name when data containing the prescriber's name is requested.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end The board shall maintain a log of all persons who access the datanew text begin for a period
of at least three yearsnew text end and shall ensure that any permissible user complies with paragraph
(c) prior to attaining direct access to the data.
deleted text begin (g)deleted text end new text begin (f)new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for
any purpose not specified in this section.
new text begin
(g) The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data
only as allowed under this section, and that section 13.05, subdivision 6, applies to any
contract or memorandum of understanding that the board enters into under this paragraph.
The board shall report to the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over health and human services policy and
finance on the interstate prescription monitoring program by January 5, 2016.
new text end
(h) With available appropriations, the commissioner of human services shall
establish and implement a system through which the Department of Human Services shall
routinely access the data for the purpose of determining whether any client enrolled in
an opioid treatment program licensed according to chapter 245A has been prescribed or
dispensed a controlled substance in addition to that administered or dispensed by the
opioid treatment program. When the commissioner determines there have been multiple
prescribers or multiple prescriptions of controlled substances, the commissioner shall:
(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and
(2) direct the medical director of the opioid treatment program to access the data
directly, review the effect of the multiple prescribers or multiple prescriptions, and
document the review.
If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
2.34, item (c), prior to implementing this paragraph.
new text begin
(i) The board shall review the data submitted under subdivision 4 on at least a
quarterly basis and shall establish criteria, in consultation with the advisory task force,
for referring information about a patient to prescribers and dispensers who prescribed or
dispensed the prescriptions in question if the criteria are met. The board shall report
to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over health and human services policy and finance on the
criteria established under this paragraph and the review process by January 5, 2016. This
paragraph expires August 1, 2016.
new text end
Subd. 7.
Disciplinary action.
(a) A dispenser who knowingly fails to submit data to
the board as required under this section is subject to disciplinary action by the appropriate
health-related licensing board.
(b) A prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of health care data
shall be subject to disciplinary action by the appropriate health-related licensing board,
and appropriate civil penalties.
deleted text begin Subd. 8. deleted text end
deleted text begin Evaluation and reporting. deleted text end
deleted text begin
(a) The board shall evaluate the prescription
electronic reporting system to determine if the system is negatively impacting appropriate
prescribing practices of controlled substances. The board may contract with a vendor to
design and conduct the evaluation.
deleted text end
deleted text begin
(b) The board shall submit the evaluation of the system to the legislature by July
15, 2011.
deleted text end
Subd. 9.
Immunity from liability; no requirement to obtain information.
(a) A
pharmacist, prescriber, or other dispenser making a report to the program in good faith
under this section is immune from any civil, criminal, or administrative liability, which
might otherwise be incurred or imposed as a result of the report, or on the basis that the
pharmacist or prescriber did or did not seek or obtain or use information from the program.
(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
to obtain information about a patient from the program, and the pharmacist, prescriber,
or other dispenser, if acting in good faith, is immune from any civil, criminal, or
administrative liability that might otherwise be incurred or imposed for requesting,
receiving, or using information from the program.
Subd. 10.
Funding.
(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription deleted text begin electronic reporting systemdeleted text end new text begin monitoring
programnew text end established under this section. Any funds received shall be appropriated to the
board for this purpose. The board may not expend funds to enhance the program in a way
that conflicts with this section without seeking approval from the legislature.
(b) new text begin Notwithstanding any other section, new text end the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry,new text begin the Board of Veterinary Medicine,new text end and the Board of Pharmacy an amount to
be paid through fees by each respective board. The amount apportioned to each board
shall equal each board's share of the annual appropriation to the Board of Pharmacy
from the state government special revenue fund for operating the prescription deleted text begin electronic
reporting systemdeleted text end new text begin monitoring program new text end under this section. Each board's apportioned share
shall be based on the number of prescribers or dispensers that each board identified in
this paragraph licenses as a percentage of the total number of prescribers and dispensers
licensed collectively by these boards. Each respective board may adjust the fees that the
boards are required to collect to compensate for the amount apportioned to each board by
the administrative services unit.
Sec. 4. new text begin STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
DATABASE.
new text end
new text begin
(a) The Board of Pharmacy, in collaboration with the Prescription Monitoring
Program Advisory Task Force, shall study the program database and report to the chairs
and ranking minority members of the senate health and human services policy and finance
division and the house of representatives health and human services policy and finance
committees by December 15, 2014, with recommendations on: (1) requiring the use of the
prescription monitoring by prescribers when prescribing or considering prescribing, and
pharmacists when dispensing or considering dispensing, a controlled substance as defined
in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); (2) allowing for the
use of the prescription monitoring program database to identify potentially inappropriate
prescribing of controlled substances; and (3) encouraging access to appropriate treatment
for prescription drug abuse through the prescription monitoring program.
new text end
new text begin
(b) The Board of Pharmacy, in collaboration with the prescription monitoring
program advisory task force, shall conduct a study designed to assess the impact of the
prescription monitoring program on the level of doctor-shopping activities and report
to the chairs and ranking minority members of the senate and house of representatives
committees and divisions with jurisdiction on health and human services policy and
finance by December 15, 2016.
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, new text begin or community residential settings licensed under chapter
245D, new text end that serve people with new text begin a primary diagnosis of new text end mental illness where the home is not
the primary residence of the license holder when a provider is determined to have met
the requirements under paragraph (b). This certification is voluntary for license holders.
The certification shall be printed on the license, and identified on the commissioner's
public Web site.
(b) The requirements for certification are:
(1) all staff working in the adult foster care homenew text begin or community residential setting
new text end have received at least seven hours of annual training new text begin under paragraph (c) new text end covering all
of the following topics:
(i) mental health diagnoses;
(ii) mental health crisis response and de-escalation techniques;
(iii) recovery from mental illness;
(iv) treatment options including evidence-based practices;
(v) medications and their side effects;
(vi) new text begin suicide intervention, identifying suicide warning signs, and appropriate
responses;
new text end
new text begin (vii) new text end co-occurring substance abuse and health conditions; and
deleted text begin (vii)deleted text end new 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 begin plan anddeleted text end protocol in place to address a mental health crisis; and
(4) new text begin there is a crisis plan for new text end each deleted text begin individual's Individual Placement Agreement
deleted text end new 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 section may be incorporated
into the 30 hours of staff orientation required under section 245D.09, subdivision 4.
new text end
deleted text begin (c)deleted text end new text begin (d) new text end License holders seeking certification under this subdivision must request this
certification on forms provided by the commissioner and must submit the request to the
county licensing agency in which the homenew text begin or community residential settingnew text end 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 end Ongoing compliance with the certification requirements under paragraph (b)
shall be reviewed by the county licensing agency at each licensing review. When a county
licensing agency determines that the requirements of paragraph (b) are not met, the county
shall inform the commissioner, and the commissioner will remove the certification.
deleted text begin (e)deleted text end new text begin (f) new text end A denial of the certification or the removal of the certification based on a
determination that the requirements under paragraph (b) have not been met by the adult
foster carenew text begin or community residential settingnew text end 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 begin The 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 end new 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 end new 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 begin section 245A.03, subdivision 6a, new text end paragraph
(b) have not been met is not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request certification when
the license holder is in compliance with the requirements 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 begin the patient has been prescribed neuroleptic medication prior to admission to a
treatment facility, but lacks the capacity to consent to the administration of that neuroleptic
medication; continued administration of the medication is in the patient's best interest;
and the patient does not refuse administration of the medication. In this situation, the
previously prescribed neuroleptic medication may be continued for up to 14 days while
the treating physician:
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 end a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
medication; or
deleted text begin (4)deleted text end new 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 begin 2014deleted text end new 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 begin 2014deleted text end new 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 begin culturally specific new text end programs deleted text begin serving special populationsdeleted text end new 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 begin 2014deleted text end new 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 requestnew 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 begin PILOT 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 146A.01, subdivision 6, is amended to read:
Subd. 6.
Unlicensed complementary and alternative health care practitioner.
deleted text begin (a)
deleted text end "Unlicensed complementary and alternative health care practitioner" means a person who:
(1) either:
(i) is not licensed or registered by a health-related licensing board or the
commissioner of health; or
(ii) is licensed or registered by the commissioner of health or a health-related
licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board
of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself
out to the public as being licensed or registered by the commissioner or a health-related
licensing board when engaging in complementary and alternative health care;
(2) has not had a license or registration issued by a health-related licensing board
or the commissioner of health revoked or has not been disciplined in any manner at any
time in the past, unless the right to engage in complementary and alternative health care
practices has been established by order of the commissioner of health;
(3) is engaging in complementary and alternative health care practices; and
(4) is providing complementary and alternative health care services for remuneration
or is holding oneself out to the public as a practitioner of complementary and alternative
health care practices.
deleted text begin
(b) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board, who engages in complementary and alternative health care
while practicing under the practitioner's license or registration, shall be regulated by and
be under the jurisdiction of the applicable health-related licensing board with regard to
the complementary and alternative health care practices.
deleted text end
Sec. 2.
new text begin
[146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH
CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE
PRACTITIONERS.
new text end
new text begin
(a) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board, who engages in complementary and alternative health care
while practicing under the practitioner's license or registration, shall be regulated by and
be under the jurisdiction of the applicable health-related licensing board with regard to
the complementary and alternative health care practices.
new text end
new text begin
(b) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board shall not be subject to disciplinary action solely on the basis
of utilizing complementary and alternative health care practices as defined in section
146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for
referring a patient to a complementary and alternative health care practitioner as defined in
section 146A.01, subdivision 6.
new text end
new text begin
(c) A health care practitioner licensed or registered by the commissioner or a
health-related licensing board who utilizes complementary and alternative health care
practices must provide patients receiving these services with a written copy of the
complementary and alternative health care client bill of rights pursuant to section 146A.11.
new text end
new text begin
(d) Nothing in this section shall be construed to prohibit or restrict the commissioner
or a health-related licensing board from imposing disciplinary action for conduct that
violates provisions of the applicable licensed or registered health care practitioner's
practice act.
new text end
Sec. 3.
Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is
amended to read:
Subdivision 1.
Scope.
(a) All unlicensed complementary and alternative health
care practitioners shall provide to each complementary and alternative health care
client prior to providing treatment a written copy of the complementary and alternative
health care client bill of rights. A copy must also be posted in a prominent location
in the office of the unlicensed complementary and alternative health care practitioner.
Reasonable accommodations shall be made for those clients who cannot read or who
have communication disabilities and those who do not read or speak English. The
complementary and alternative health care client bill of rights shall include the following:
(1) the name, complementary and alternative health care title, business address, and
telephone number of the unlicensed complementary and alternative health care practitioner;
(2) the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided, followed by the
following statement in bold print:
"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
trainer, or any other type of health care provider, the client may seek such services at
any time.";
(3) the name, business address, and telephone number of the practitioner's
supervisor, if any;
(4) notice that a complementary and alternative health care client has the right to file a
complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may file
complaints with the office;
(6) the practitioner's fees per unit of service, the practitioner's method of billing
for such fees, the names of any insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the practitioner contracts to
provide service, whether the practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing to accept partial payment,
or to waive payment, and in what circumstances;
(7) a statement that the client has a right to reasonable notice of changes in services
or charges;
(8) a brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;
(9) notice that the client has a right to complete and current information concerning
the practitioner's assessment and recommended service that is to be provided, including
the expected duration of the service to be provided;
(10) a statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;
(11) a statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the client, or
otherwise provided by law;
(12) a statement of the client's right to be allowed access to records and written
information from records in accordance with sections 144.291 to 144.298;
(13) a statement that other services may be available in the community, including
where information concerning services is available;
(14) a statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;
(15) a statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;
(16) a statement that the client may refuse services or treatment, unless otherwise
provided by law; and
(17) a statement that the client may assert the client's rights without retaliation.
(b) This section does not apply to an unlicensed complementary and alternative
health care practitioner who is employed by or is a volunteer in a hospital or hospice who
provides services to a client in a hospital or under an appropriate hospice plan of care.
Patients receiving complementary and alternative health care services in an inpatient
hospital or under an appropriate hospice plan of care shall have and be made aware of
the right to file a complaint with the hospital or hospice provider through which the
practitioner is employed or registered as a volunteer.
new text begin
(c) This section does not apply to a health care practitioner licensed or registered by
the commissioner of health or a health-related licensing board who utilizes complementary
and alternative health care practices within the scope of practice of the health care
practitioner's professional license.
new text end
Sec. 4.
Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of sections 148.01 to 148.10:
(1) "chiropractic" deleted text begin is defined as the science of adjusting any abnormal articulations
of the human body, especially those of the spinal column, for the purpose of giving
freedom of action to impinged nerves that may cause pain or deranged function; and
deleted text end new 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 end new 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. 5.
Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
Subd. 2.
Exclusions.
The practice of chiropractic is not the practice of medicine,
surgery, deleted text begin ordeleted text end osteopathynew text begin , or physical therapynew text end .
Sec. 6.
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, and therapeutic
services, and to provide diagnosis and to render opinions pertaining to those services for
the purpose of determining a course of action in the best interests of the patient, such as a
treatment plan, appropriate referral, or both.
new text end
Sec. 7.
Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
Subdivision 1.
Generally.
Any person who practices, or attempts to practice,
chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
the public to believe that the person who so uses the terms is engaged in the practice of
chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
six months or punished by both fine and imprisonment, in the discretion of the court. It is
the duty of the county attorney of the county in which the person practices to prosecute.
Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
(1) licensed by a health-related licensing board, as defined in section 214.01,
subdivision 2, including psychological practitioners with respect to the use of hypnosis;
(2) registered new text begin or licensed new text end by the commissioner of health under section 214.13; or
(3) engaged in other methods of healing regulated by law in the state of Minnesota;
provided that the person confines activities within the scope of the license or other
regulation and does not practice or attempt to practice chiropractic.
Sec. 8.
Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Conviction of a felony-level criminal sexual offense. new text end
new text begin
(a) Except as
provided in paragraph (e), the board may not grant or renew a license to practice nursing
to any person who has been convicted on or after August 1, 2014, of any of the provisions
of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1,
paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (c) to (o), or a similar statute
in another jurisdiction.
new text end
new text begin
(b) A license to practice nursing is automatically revoked if the licensee is convicted
of an offense listed in paragraph (a).
new text end
new text begin
(c) A license to practice nursing that has been denied or revoked under this
subdivision is not subject to chapter 364.
new text end
new text begin
(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
execution of the sentence and final disposition of the case is accomplished at a nonfelony
level.
new text end
new text begin
(e) The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) may become licensed provided that the criteria:
new text end
new text begin
(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
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's sentence
was discharged.
new text end
new text begin
The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.
new text end
Sec. 9.
Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:
Subd. 4.
Evidence.
In disciplinary actions alleging a violation of subdivision 1,
clause (3) or (4), new text begin or subdivision 1a, new text end a copy of the judgment or proceeding under the seal
of the court administrator or of the administrative agency that entered the same shall be
admissible into evidence without further authentication and shall constitute prima facie
evidence of the violation concerned.
Sec. 10.
Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
Subd. 17.
Physical agent modalities.
"Physical agent modalities" mean modalities
that use the properties of light, water, temperature, sound, or electricity to produce a
response in soft tissue. deleted text begin The 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. 11.
Minnesota Statutes 2012, section 148.6404, is amended to read:
148.6404 SCOPE OF PRACTICE.
The practice of occupational therapy by an occupational therapist or occupational
therapy assistant includes, but is not limited to, intervention directed toward:
(1) assessment and evaluation, including the use of skilled observation or
the administration and interpretation of standardized or nonstandardized tests and
measurements, to identify areas for occupational therapy services;
(2) providing for the development of sensory integrative, neuromuscular, or motor
components of performance;
(3) providing for the development of emotional, motivational, cognitive, or
psychosocial components of performance;
(4) developing daily living skills;
(5) developing feeding and swallowing skills;
(6) developing play skills and leisure capacities;
(7) enhancing educational performance skills;
(8) enhancing functional performance and work readiness through exercise, range of
motion, and use of ergonomic principles;
(9) designing, fabricating, or applying rehabilitative technology, such as selected
orthotic and prosthetic devices, and providing training in the functional use of these devices;
(10) designing, fabricating, or adapting assistive technology and providing training
in the functional use of assistive devices;
(11) adapting environments using assistive technology such as environmental
controls, wheelchair modifications, and positioning;
(12) employing physical agent modalities, in preparation for or as an adjunct to
purposeful activity, within the same treatment session or to meet established functional
occupational therapy 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. 12.
Minnesota Statutes 2012, section 148.6430, is amended to read:
148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and treatment that, according to prevailing practice standards of the
American Occupational Therapy Association, can be performed by an occupational
therapy assistant. The occupational therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly. deleted text begin Delegation 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. 13.
Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
If the professional standards identified in section
148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
treatment procedure, the occupational therapist must provide supervision consistent
with this section. deleted text begin Supervision 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. 14.
Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
Subd. 3.
Approved education program.
"Approved education program" means
a university, college, or other postsecondary education program of athletic training
that, at the time the student completes the program, is approved or accredited by deleted text begin the
National Athletic Trainers Association Professional Education Committee, the National
Athletic Trainers Association Board of Certification, or the Joint Review Committee on
Educational Programs in Athletic Training in collaboration with the American Academy
of Family Physicians, the American Academy of Pediatrics, the American Medical
Association, and the National Athletic Trainers Associationdeleted text end new text begin a nationally recognized
accreditation agency for athletic training education programs approved by the boardnew text end .
Sec. 15.
Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
Subd. 9.
Credentialing examination.
"Credentialing examination" means an
examination administered by the deleted text begin National 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. 16.
Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
Subdivision 1.
Designation.
A person shall not use in connection with the person's
name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
registered athletic trainer; athletic trainer; new text begin AT; new text end ATR; or any words, letters, abbreviations,
or insignia indicating or implying that the person is an athletic trainer, without a certificate
of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
attending a college or university athletic training program must be identified as deleted text begin a "student
athletic trainer."deleted text end new text begin an "athletic training student."
new text end
Sec. 17.
Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Creation;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. 18.
Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
Subdivision 1.
Registration.
The board may issue a certificate of registration as an
athletic trainer to applicants who meet the requirements under this section. An applicant
for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
written application on a form, provided by the board, that includes:
(1) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;
(2) evidence satisfactory to the board of the successful completion of an education
program approved by the board;
(3) educational background;
(4) proof of a baccalaureate new text begin or master's new text end degree from an accredited college or
university;
(5) credentials held in other jurisdictions;
(6) a description of any other jurisdiction's refusal to credential the applicant;
(7) a description of all professional disciplinary actions initiated against the applicant
in any other jurisdiction;
(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(9) evidence satisfactory to the board of a qualifying score on a credentialing
examination deleted text begin within 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. 19.
Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
Subd. 4.
Temporary registration.
(a) The board may issue a temporary registration
as an athletic trainer to qualified applicants. A temporary registration is issued for
deleted text begin one yeardeleted text end new 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 begin one yeardeleted text end new text begin 120 daysnew text end after
the date of the temporary registration. new text begin A new text end temporary registration may not be renewed.
(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
new text begin a new text end temporary registration must submit the application materials and fees for registration
required under subdivision 1, clauses (1) to (8) and (10) to (12).
(c) An athletic trainer with a temporary registration shall work only under the
direct supervision of an athletic trainer registered under this section. No more than deleted text begin four
deleted text end new text begin twonew text end athletic trainers with temporary registrations shall work under the direction of a
registered athletic trainer.
Sec. 20.
Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
Subd. 2.
Approved programs.
The board shall approve a continuing education
program that has been approved for continuing education credit by the deleted text begin National Athletic
Trainers Associationdeleted text end Board of Certificationnew text begin , or the board's recognized successornew text end .
Sec. 21.
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. 22.
Minnesota Statutes 2012, section 148.7814, is amended to read:
148.7814 APPLICABILITY.
Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
trainers by the deleted text begin National Athletic Trainers Associationdeleted text end Board of Certification new text begin or the board's
recognized successor new text end and come into Minnesota for a specific athletic event or series of
athletic events with an individual or group.
Sec. 23.
Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
Subd. 2.
Certified doula.
"Certified doula" means an individual who has received
a certification to perform doula services from the International Childbirth Education
Association, the Doulas of North America (DONA), the Association of Labor Assistants
and Childbirth Educators (ALACE), Birthworks, new text begin the new text end Childbirth and Postpartum
Professional Association (CAPPA), Childbirth International, deleted text begin ordeleted text end new text begin thenew text end International Center
for Traditional Childbearingnew text begin , or Commonsense Childbirth, Incnew text end .
Sec. 24.
Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read:
Subd. 2.
Qualifications.
The commissioner shall include on the registry any
individual who:
(1) submits an application on a form provided by the commissioner. The form must
include the applicant's name, address, and contact information;
(2) maintains a current certification from one of the organizations listed in section
deleted text begin 146B.01, subdivision 2deleted text end new text begin 148.995, subdivision 2new text end ; and
(3) pays the fees required under section 148.997.
Sec. 25.
Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
Subd. 2.
Supervision.
(a) To qualify as a LPCC, an applicant must have completed
4,000 hours of post-master's degree supervised professional practice in the delivery
of clinical services in the diagnosis and treatment of mental illnesses and disorders in
both children and adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).
(b) The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
board-approved supervisor, who has at least two years of postlicensure experience in the
delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
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. 26.
Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
Subd. 4.
Conversion to licensed professional clinical counselor after August 1,
2014.
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. 27.
Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
Subd. 8a.
Resident dentist.
"Resident dentist" means a person who is licensed to
practice dentistry as an enrolled graduate student or student of an advanced education
program accredited by the deleted text begin American Dental Associationdeleted text end Commission on new text begin Dental
new text end Accreditation.
Sec. 28.
Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
Subdivision 1.
Dentists.
A person of good moral character who has graduated from
a dental program accredited by the Commission on Dental Accreditation deleted text begin of the American
Dental Associationdeleted 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 begin of 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. 29.
Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
Subd. 1a.
Faculty dentists.
(a) Faculty members of a school of dentistry must be
licensed in order to practice dentistry as defined in section 150A.05. The board may
issue to members of the faculty of a school of dentistry a license designated as either a
"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
program directors of a Minnesota dental hygiene or dental assisting school accredited by
the Commission on Dental Accreditation deleted text begin of 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 begin of 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 begin of 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. 30.
Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
Subd. 1c.
Specialty dentists.
(a) The board may grant deleted text begin adeleted text end new text begin one or morenew text end specialty
deleted text begin licensedeleted text end new text begin licensesnew text end in the specialty areas of dentistry that are recognized by the deleted text begin American
Dental Associationdeleted text end new 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 begin educationdeleted text end program
accredited by the Commission on Dental Accreditation deleted text begin of the American Dental
Associationdeleted text end , or have announced a limitation of practice before 1967;
(2) have been certified by a specialty deleted text begin examiningdeleted 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
areanew 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 begin thedeleted text end new 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 begin adeleted text end new text begin one or morenew text end specialty deleted text begin licensedeleted text end new 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 begin American Dental Association
deleted text end new text begin Commission on Dental Accreditationnew text end .
(e) A specialty dentist holding a general deleted text begin dentistdeleted text end new text begin dentalnew text end license is limited to practicing
in the dentist's designated specialty area new text begin or areas new text end if 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 begin American Dental Associationdeleted text end new 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 begin adeleted text end new text begin one or more new text end specialty deleted text begin licensedeleted text end new text begin licensesnew text end .
Sec. 31.
Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
Subd. 1d.
Dental therapists.
A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the deleted text begin American 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. 32.
Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
Subd. 2.
Dental hygienists.
A person of good moral character, who has graduated
from a dental hygiene program accredited by the Commission on Dental Accreditation deleted text begin of
the American Dental Associationdeleted 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. 33.
Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a.
Licensed dental assistant.
A person of good moral character, who has
graduated from a dental assisting program accredited by the Commission on Dental
Accreditation deleted text begin of 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. 34.
Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
Subd. 2d.
Continuing education and professional development waiver.
(a) The
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
assistant who documents to the satisfaction of the board that the dentist, dental therapist,
dental hygienist, or licensed dental assistant has retired from active practice in the state
and limits the provision of dental care services to those offered without compensation
in a public health, community, or tribal clinic or a nonprofit organization that provides
services to the indigent or to recipients of medical assistance, general assistance medical
care, or MinnesotaCare programs.
(b) The board may require written documentation from the volunteer and retired
dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
this waiver.
(c) The board shall require the volunteer and retired dentist, dental therapist, dental
hygienist, or licensed dental assistant to meet the following requirements:
(1) a licensee seeking a waiver under this subdivision must complete and document
at least five hours of approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and
(2) provide documentation of current CPR certification from completion of the
American Heart Association healthcare provider coursedeleted text begin ,deleted text end new text begin ornew text end the American Red Cross
professional rescuer coursedeleted text begin , or an equivalent entitydeleted text end .
Sec. 35.
Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
Subd. 3.
Waiver of examination.
(a) All or any part of the examination for
dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
dentistry and the rules of the board, may, at the discretion of the board, be waived for an
applicant who presents a certificate of having passed all components of the National Board
Dental Examinations or evidence of having maintained an adequate scholastic standing
as determined by the board, in dental school as to dentists, or dental hygiene school as
to dental hygienists.
(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission on
Dental Accreditation deleted text begin of 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 begin of the American
Dental Associationdeleted 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 begin The board may waive the clinical examination for an
applicant who meets the requirements of this paragraph and has satisfactorily completed an
accredited postdoctoral general dentistry residency program located outside of Minnesota.
deleted text end
Sec. 36.
Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
Subd. 8.
Licensure by credentials.
(a) Any dental assistant may, upon application
and payment of a fee established by the board, apply for licensure based on an evaluation
of the applicant's education, experience, and performance record in lieu of completing a
board-approved dental assisting program for expanded functions as defined in rule, and
may be interviewed by the board to determine if the applicant:
(1) has graduated from an accredited dental assisting program accredited by the
Commission deleted text begin ofdeleted text end new text begin onnew text end Dental Accreditation deleted text begin of 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. 37.
Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
Subd. 3.
Initial license or permit fees.
Along with the application fee, each of the
following applicants shall submit a separate deleted text begin prorateddeleted text end initial license or permit fee. The
deleted text begin prorateddeleted text end initial fee shall be established by the board deleted text begin based on the number of months of the
applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a,deleted text end not to
exceed the following deleted text begin monthlydeleted text end new text begin nonrefundablenew text end fee amounts:
(1) dentist or full faculty dentist, deleted text begin $14 times the number of months of the initial
termdeleted text end new text begin $168new text end ;
(2) dental therapist, deleted text begin $10 times the number of months of the initial termdeleted text end new text begin $120new text end ;
(3) dental hygienist, deleted text begin $5 times the number of months of the initial termdeleted text end new text begin $60new text end ;
(4) licensed dental assistant, deleted text begin $3 times the number of months of the initial term
deleted text end new text begin $36new text end ; and
(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
subpart 3, deleted text begin $1 times the number of months of the initial termdeleted text end new text begin $12new text end .
Sec. 38.
Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
Subd. 8.
Duplicate license or certificate fee.
Each applicant shall submit, with
a request for issuance of a duplicate of the original license, or of an annual or biennial
renewal certificate for a license or permit, a fee in the following amounts:
(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental
assistant license, $35; deleted text begin and
deleted text end
(2) annual or biennial renewal certificates, $10deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) wallet-sized license and renewal certificate, $15.
new text end
Sec. 39.
Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
read:
Subd. 16.
Failure of professional development portfolio audit.
deleted text begin A licensee shall
submit a fee as established by the board not to exceed the amount of $250 after failing two
consecutive professional development portfolio audits and, thereafter, for each faileddeleted text end new text begin (a) If
a licensee fails anew text end professional development portfolio audit under Minnesota Rules, part
3100.5300deleted text begin .deleted text end new 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. 40.
Minnesota Statutes 2012, section 150A.10, is amended to read:
150A.10 ALLIED DENTAL PERSONNEL.
Subdivision 1.
Dental hygienists.
Any licensed dentist, licensed dental therapist,
public institution, or school authority may obtain services from a licensed dental hygienist.
The licensed dental hygienist may provide those services defined in section 150A.05,
subdivision 1a. The services provided shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. All services shall be provided under
supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
Subd. 1a.
Limited authorization for dental hygienists.
(a) Notwithstanding
subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization to perform dental hygiene
services described under paragraph (b) without the patient first being examined by a
licensed dentist if the dental hygienist:
(1) has been engaged in the active practice of clinical dental hygiene for not less than
2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;
(2) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist;
(3) has documented participation in courses in infection control and medical
emergencies within each continuing education cycle; and
(4) maintains current CPR certification from completion of the American Heart
Association healthcare provider coursedeleted text begin ,deleted text end new 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 begin registereddeleted text end new 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 begin and
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 end new 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. 41.
Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
Subdivision 1.
License requirements.
The board shall issue a license to practice
podiatric medicine to a person who meets the following requirements:
(a) The applicant for a license shall file a written notarized application on forms
provided by the board, showing to the board's satisfaction that the applicant is of good
moral character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a podiatric medical school approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting organization approved by the
board, and other relevant factors.
(c) The applicant must have received a passing score on each part of the national board
examinations, parts one and two, prepared and graded by the National Board of Podiatric
Medical Examiners. The passing score for each part of the national board examinations,
parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
(d) Applicants graduating after 1986 from a podiatric medical school shall present
evidence deleted text begin satisfactory to the board of the completion of (1) one year of graduate, clinical
residency or preceptorship in a program accredited by a national accrediting organization
approved by the board or (2) other graduate training that meets standards equivalent to
those of an approved national accrediting organization or school of podiatric medicine
deleted text end new text begin of successful completion of a residency program approved by a national accrediting
podiatric medicine organizationnew 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. 42.
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. 43.
Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
Subd. 2.
Applicants licensed in another state.
The board shall issue a license
to practice podiatric medicine to any person currently or formerly licensed to practice
podiatric medicine in another state who satisfies the requirements of this section:
(a) The applicant shall satisfy the requirements established in subdivision 1.
(b) The applicant shall present evidence satisfactory to the board indicating the
current status of a license to practice podiatric medicine issued by the first state of
licensure and all other states and countries in which the individual has held a license.
(c) If the applicant has had a license revoked, engaged in conduct warranting
disciplinary action against the applicant's license, or been subjected to disciplinary action,
in another state, the board may refuse to issue a license unless it determines that the
public will be protected through issuance of a license with conditions or limitations the
board considers appropriate.
(d) The applicant shall submit with the license application the following additional
information for the five-year period preceding the date of filing of the application: (1) the
name and address of the applicant's professional liability insurer in the other state; and (2)
the number, date, and disposition of any podiatric medical malpractice settlement or award
made to the plaintiff relating to the quality of podiatric medical treatment.
(e) If the license is active, the applicant shall submit with the license application
evidence of compliance with the continuing education requirements in the current state of
licensure.
(f) If the license is inactive, the applicant shall submit with the license application
evidence of participation in deleted text begin one-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. 44.
Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
Subd. 3.
Temporary permit.
Upon payment of a fee and in accordance with the
rules of the board, the board may issue a temporary permit to practice podiatric medicine
to a podiatrist engaged in a clinical residency deleted text begin or 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. 45.
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. 46.
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
(d) If the board has not completed its investigation and issued a final order within 30
days, the temporary suspension shall be lifted, unless the regulated person requests a delay
in the disciplinary proceedings for any reason, upon which the temporary suspension shall
remain in place until the completion of the investigation.
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. 47.
Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:
Subd. 3.
Compensation.
(a) deleted text begin Members of the boards may be compensated at the
rate of $55 a day spent on board activities, when authorized by the board, plus expenses
indeleted text end new text begin Members of health-related licensing boards may be compensated at the rate of $75 a
day spent on board activities and members of nonhealth-related licensing boards may be
compensated at the rate of $55 a day spent on board activities when authorized by the
board, plus expenses innew text end the same manner and amount as authorized by the commissioner's
plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent
attending board meetings, incur child care expenses that would not otherwise have been
incurred, may be reimbursed for those expenses upon board authorization.
(b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are also compensated by the state or political subdivision. However,
a state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activity. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day
spent on board activities for purposes of making daily payments under this subdivision.
Sec. 48.
Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
Subd. 2.
Receipt of complaint.
The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints shall require the complainant to state the complaint in writing
or authorize transcribing the complaint. The executive director or the designated board
member shall determine whether the complaint alleges or implies a violation of a statute
or rule which the board is empowered to enforce. The executive director or the designated
board member may consult with the designee of the attorney general as to a board's
jurisdiction over a complaint. If the executive director or the designated board member
determines that it is necessary, the executive director may seek additional information to
determine whether the complaint is jurisdictional or to clarify the nature of the allegations
by obtaining records or other written material, obtaining a handwriting sample from the
regulated person, clarifying the alleged facts with the complainant, and requesting a written
response from the subject of the complaint.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. 49.
Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
Subd. 3.
Referral to other agencies.
The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. Governmental agencies deleted text begin maydeleted text end new 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. 50.
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. 51.
Minnesota Statutes 2012, section 214.29, is amended to read:
214.29 PROGRAM REQUIRED.
new text begin Notwithstanding section 214.28, new text end each health-related licensing board, including the
Emergency Medical Services Regulatory Board under chapter 144E, shall deleted text begin either conduct a
deleted text end new text begin contract with the new text end health professionals service program under sections 214.31 to 214.37
deleted text begin or contract for a diversion program under section 214.28deleted text end new 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 conditionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014, and sunsets July 1, 2015.
new text end
Sec. 52.
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 jointlydeleted text end new text begin Notwithstanding section 214.36, the health professionals
services program shall contract with the health-related licensing boards tonew 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, and sunsets July 1, 2015.
new text end
Sec. 53.
Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Duties of a participating board. new text end
new text begin
Upon receiving a report from the
program manager in accordance with section 214.33, subdivision 3, that a regulated
person has been discharged from the program due to noncompliance based on allegations
that the regulated person has engaged in conduct that might cause risk to the public, when
the participating board has probable cause to believe continued practice by the regulated
person presents an imminent risk of harm, the board shall temporarily suspend the
regulated person's professional license until the completion of a disciplinary investigation.
The board must complete the disciplinary investigation within 30 days of receipt of the
report from the program. If the investigation is not completed by the board within 30 days,
the temporary suspension shall be lifted, unless the regulated person requests a delay in
the disciplinary proceedings for any reason, upon which the temporary suspension shall
remain in place until the completion of the investigation.
new text end
Sec. 54.
Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
Subd. 3.
Program manager.
new text begin (a) new text end The 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 end new text begin ;new text end
new text begin (2) new text end violates the terms of the program participation agreementdeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (3) new text end leaves new text begin or is discharged from new text end the program except upon fulfilling the terms for
successful completion of the program as set forth in the participation agreementdeleted text begin .deleted text end new 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) causes identifiable patient harm;
new text end
new text begin
(6) unlawfully substitutes or adulterates medications;
new text end
new text begin
(7) writes a prescription or causes a prescription to be dispensed in the name of a
person, other than the prescriber, or veterinary patient for the personal use of the prescriber;
new text end
new text begin
(8) alters a prescription without the knowledge of the prescriber for the purpose of
obtaining a drug for personal use;
new text end
new text begin
(9) unlawfully uses a controlled or mood-altering substance or uses alcohol while
providing patient care or during the period of time in which the regulated person may be
contacted to provide patient care or is otherwise on duty, if current use is the reason for
participation in the program or the use occurs while the regulated person is participating
in the program; or
new text end
deleted text begin The program manager shall report to the appropriate participating board a regulated
person whodeleted text end new text begin (10) new text end is alleged to have committed violations of the person's practice act that
are outside the authority of the health professionals services program as described in
sections 214.31 to 214.37.
new text begin (b) new text end The 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 August 1, 2014, and applies to
violations that occur after the effective date.
new text end
Sec. 55.
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 regulated
by a health-related licensing board, and a health care institution or other organization
where the regulated person is engaged in providing services, must report to the appropriate
licensing board that a regulated person has diverted narcotics or other controlled
substances in violation of state or federal narcotics or controlled substance law if:
new text end
new text begin
(1) the employer, health care institution, or organization making the report has
knowledge of the diversion; and
new text end
new text begin
(2) the regulated person has diverted narcotics or other controlled substances
from the reporting employer, health care institution, or organization, or at the reporting
institution or organization.
new text end
new text begin
(b) The requirement to report under this subdivision does not apply if:
new text end
new text begin
(1) the regulated person is self-employed;
new text end
new text begin
(2) the knowledge was obtained in the course of a professional-patient relationship
and the regulated person is the patient; or
new text end
new text begin
(3) knowledge of the diversion first becomes known to the employer, health care
institution, or other organization, either from (i) an individual who is serving as a work
site monitor approved by the health professional services program for the regulated
person who has self-reported to the health professional services program, and who
has returned to work pursuant to a health professional services program participation
agreement and monitoring plan; or (ii) the regulated person who has self-reported to the
health professional services program and who has returned to work pursuant to the health
professional services program participation agreement and monitoring plan.
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. 56.
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. 57.
Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
364.09 EXCEPTIONS.
(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:
(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;
(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.
new text begin
(f) This chapter does not apply to any license, registration, or permit that has
been denied or revoked by the Board of Nursing in accordance with section 148.261,
subdivision 1a.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end This chapter does not supersede a requirement under law to conduct a
criminal history background investigation or consider criminal history records in hiring
for particular types of employment.
Sec. 58. new text begin REVISOR'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. 59. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision
2; and 148.7813,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
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
(c)
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
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 begin an establisheddeleted text end new text begin anew text end place of business in
which deleted text begin prescriptions,deleted text end new text begin prescription new text end drugsdeleted text begin , medicines, chemicals, and poisonsdeleted text end are prepared,
compounded, new text begin or new text end dispenseddeleted text begin , vended, or sold to or for the use of patientsdeleted text end new text begin by or under
the supervision of a pharmacistnew 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.
deleted text begin The termdeleted text end "Pharmacist" means an individual with a currently
valid license issued by the Board of Pharmacy to practice pharmacy.
Subd. 5.
Drug.
deleted text begin The termdeleted text end "Drug" means all medicinal substances and preparations
recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, new text begin vaccines and biologicals, new text end and all substances and preparations intended for external
and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
humans or other animals, and all substances and preparations, other than food, intended to
affect the structure or any function of the bodies of humans or other animals.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, and, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in
section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
regardless of whether the substance is marketed for the purpose of human consumption.
new text end
Subd. 6.
Medicine.
deleted text begin The termdeleted text end "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.
deleted text begin The termdeleted text end "Poisons" means any substance deleted text begin whichdeleted text end new text begin thatnew text end , when
introduced into the system, directly or by absorption, produces violent, morbid, or fatal
changes, or deleted text begin whichdeleted text end new text begin thatnew text end destroys living tissue with which it comes in contact.
Subd. 8.
Chemical.
deleted text begin The termdeleted text end "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 begin Statedeleted text end Board of Pharmacy.
deleted text begin The termdeleted text end "Board" or "deleted text begin Statedeleted text end Board of
Pharmacy" means the Minnesota deleted text begin Statedeleted text end Board of Pharmacy.
Subd. 10.
Director.
deleted text begin The termdeleted text end "Director" means the new text begin executive new text end director of the
Minnesota deleted text begin Statedeleted text end Board of Pharmacy.
Subd. 11.
Person.
deleted text begin The termdeleted text end "Person" means an individual, firm, partnership,
company, corporation, trustee, association, agency, or other public or private entity.
Subd. 12.
Wholesale.
deleted text begin The termdeleted text end "Wholesale" means and includes any sale for the
purpose of resale.
Subd. 13.
Commercial purposes.
deleted text begin The phrasedeleted text end "Commercial purposes" means the
ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
of medicine deleted text begin anddeleted text end new text begin ,new text end pharmacynew text begin , and other health care professionsnew text end .
Subd. 14.
Manufacturing.
deleted text begin The termdeleted text end "Manufacturing" deleted text begin except in the case of bulk
compounding, prepackaging or extemporaneous compounding within a pharmacy,deleted text end means
deleted text begin and includesdeleted text end the production, deleted text begin quality control and standardization by mechanical, physical,
chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
without exception, for medicinal purposes.deleted text end new 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
"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.
deleted text begin The termdeleted text end "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 begin Statedeleted 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.
deleted text begin The termdeleted text end "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 .
deleted text begin The termdeleted text end "Prescriptionnew text begin drug ordernew text end " means a
deleted text begin signeddeleted text end new text begin lawfulnew text end written deleted text begin order, or andeleted text end new text begin ,new text end oralnew text begin , or electronicnew text end order deleted text begin reduced to writing, given bydeleted text end new text begin of
new text end a practitioner deleted text begin licensed to prescribe drugs for patients in the course of the practitioner's
practice, issued for an individual patient and containing the following: the date of issue,
name and address of the patient, name and quantity of the drug prescribed, directions
for use, and the name and address of the prescriber.deleted text end new 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
"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
"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 begin whichdeleted text end new text begin that new text end is required by
federal law to deleted text begin bear the following statement, "Caution: Federal law prohibits dispensing
without prescription."deleted text end new 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 thatdeleted text end new text begin .new text end Any word, statement, or other information
deleted text begin appearingdeleted text end new text begin required by or under the authority of this chapter to appearnew text end on the label shall deleted text begin not
be considered to be complied with unless such word, statement, or other informationdeleted text end also
deleted text begin appearsdeleted text end new 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 begin isdeleted text end new 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 begin Statedeleted 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 begin whichdeleted text end new 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 drugsnew text begin , including the performance of laboratory tests
that are waived under the federal Clinical Laboratory Improvement Act of 1988, United
States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the
results of laboratory tests but may modify drug therapy only pursuant to a protocol or
collaborative practice agreementnew text end ;
(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 begin under
standing orders from a physician licensed under chapter 147 ordeleted text end by written protocol with a
physician new text begin licensed under chapter 147, a physician assistant authorized to prescribe drugs
under chapter 147A, or an advanced practice registered nurse authorized to prescribe
drugs under section 148.235, new text end provided 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 registered nurse;
new text end
new text begin
(F) a telephone number at which the physician, physician assistant, or advanced
practice registered 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 end new text begin (ii)new text end the pharmacist deleted text begin is trained indeleted text end new text begin has successfully completednew text end a program approved
by the deleted text begin Americandeleted text end new text begin Accreditationnew text end Council deleted text begin of Pharmaceuticaldeleted text end new text begin for Pharmacynew text end Education
new text begin specifically new text end for the administration of immunizations or deleted text begin graduated from a college of
pharmacy in 2001 or thereafterdeleted text end new text begin a program approved by the boardnew text end ; deleted text begin and
deleted text end
deleted text begin (ii)deleted text end new 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 begin practice of managing drug therapy and modifyingdeleted text end new text begin initiation,
management, modification, and discontinuation ofnew text end drug therapydeleted text begin , according to section
151.21, subdivision 1,deleted text end according to a written protocol new text begin or collaborative practice agreement
new text end between deleted text begin the specific pharmacistdeleted text end new text begin : (i) one or more pharmacistsnew text end and deleted text begin the individual dentist,
optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
care and authorized to independently prescribe drugsdeleted text end new 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 148.235new text end . Any deleted text begin significantdeleted text end changes in drug therapy new text begin made pursuant to a protocol or
collaborative practice agreement new text end must be deleted text begin reporteddeleted text end new text begin documentednew text end by the pharmacist deleted text begin todeleted text end new 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 carenew text end ;
(7) participation in the storage of drugs and the maintenance of records;
(8) deleted text begin responsibility 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 begin bear the following statement: "Caution: Federal law restricts
this drug to use by or on the order of a licensed veterinarian."deleted text end new 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 begin bear the
following statement: "Caution: Federal law prohibits dispensing without a prescription."
deleted text end new 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 begin preparation
or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
appropriately labeled for subsequent administration to or use by a patient or other individual
entitled to receive the drug.deleted text end new 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. Compounding does not include a
minor deviation from such directions with regard to radioactivity, volume, or stability,
which is made by or under the supervision of a licensed nuclear pharmacist or a physician,
and which is necessary in order to accommodate circumstances not contemplated in the
manufacturer's instructions, such as the rate of radioactive decay or geographical distance
from the patient.
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 begin deny, suspend, revoke, or refuse to renewdeleted text end new 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 begin followingdeleted text end groundsdeleted text begin :deleted text end new 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 begin and
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 end new 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 end new 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 begin newdeleted 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 end new 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 begin Disciplinary actiondeleted text end new 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 begin In the case of a facility licensed or registered by the board,
new text end the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
shall also apply to the following:
(1) In the case of a partnership, each partner thereof;
(2) In the case of an association, each member thereof;
(3) In the case of a corporation, each officer or director thereof and each shareholder
owning 30 percent or more of the voting stock of such corporation.
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
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 1a and 1b are effective August 1, 2014, and
apply to violations occurring on or after that date.
new 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. A revocation of a license pursuant to subdivision 1 is not
appealable and shall remain in effect indefinitely.
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 examination; access to medical data. new text end
new text begin
(a) If the board receives
a complaint and has probable cause to believe that an individual licensed or registered
by the board falls under subdivision 2, clause (14), it may direct the individual to submit
to a mental or physical examination. For the purpose of this subdivision, every licensed
or registered individual is deemed to have consented to submit to a mental or physical
examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining practitioner's testimony or examination
reports on the grounds that the same constitute a privileged communication. Failure of a
licensed or registered individual to submit to an examination when directed constitutes
an admission of the allegations against the individual, unless the failure was due to
circumstances beyond the individual's control, in which case a default and final order
may be entered without the taking of testimony or presentation of evidence. Pharmacists
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that they can resume the competent practice of the profession of pharmacy
with reasonable skill and safety to the public. Pharmacist interns, pharmacy technicians,
or controlled substance researchers affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that they can competently resume the
duties that can be performed, under this chapter or the rules of the board, by similarly
registered persons with reasonable skill and safety to the public. In any proceeding under
this paragraph, neither the record of proceedings nor the orders entered by the board shall
be used against a licensed or registered individual in any other proceeding.
new text end
new text begin
(b) Notwithstanding section 13.384, 144.651, or any other law limiting access to
medical or other health data, the board may obtain medical data and health records relating
to an individual licensed or registered by the board, or to an applicant for licensure or
registration, without the individual's consent when the board receives a complaint and has
probable cause to believe that the individual is practicing in violation of subdivision 2,
clause (14), and the data and health records are limited to the complaint. The medical
data may be requested from a provider, as defined in section 144.291, subdivision 2,
paragraph (h), an insurance company, or a government agency, including the Department
of Human Services. A provider, insurance company, or government agency shall comply
with any written request of the board under this subdivision and is not liable in any
action for damages for releasing the data requested by the board if the data are released
pursuant to a written request under this subdivision, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision is classified as private under sections
13.01 to 13.87.
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 Subdivision 1. new text end
new text begin Reporting. 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 as defined in chapter 13.
new text end
new text begin Subd. 2. new text end
new text begin Investigation. new text end
new text begin
(a) Members of the board and persons employed by the board
or engaged on behalf of the board in the investigation of violations and in the preparation
and management of charges or violations of this chapter of the rules of the board, or persons
participating in the investigation or testifying regarding charges of violations, when acting
in good faith, are immune from civil liability for any actions, transactions, or publications
in the execution of, or relating to, their duties under this chapter or the rules of the board.
new text end
new text begin
(b) Members of the board and persons employed by the board or engaged in
maintaining records and making reports regarding adverse health care events are immune
from civil liability for any actions, transactions, or publications in the execution of, or
relating to, their duties under section 151.301.
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 begin prescriptions dispensed
deleted text end new text begin prescription drug ordersnew text end shall be kept on file at the location deleted text begin indeleted text end new text begin fromnew text end which deleted text begin suchdeleted text end dispensing
deleted text begin occurreddeleted text end new text begin of the ordered drug occursnew text end for a period of at least two years. new text begin Prescription drug
orders that are electronically prescribed must be kept on file in the format in which
they were originally received. Written or printed prescription drug orders and verbal
prescription drug orders reduced to writing, must be kept on file as received or transcribed,
except that such orders may be kept in an electronic format as allowed by the board.
Electronic systems used to process and store prescription drug orders must be compliant
with the requirements of this chapter and the rules of the board. Prescription drug orders
that are stored in an electronic format, as permitted by this subdivision, may be kept on
file at a remote location provided that they are readily and securely accessible from the
location at which dispensing of the ordered drug occurred.
new text end
new text begin Subd. 2. new text end
new text begin Refill requirements. new text end
deleted text begin Nodeleted text end new text begin Anew text end prescription deleted text begin shalldeleted text end new text begin drug order maynew text end be refilled
deleted text begin exceptdeleted text end new 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 152.11new text end . The date of such refill must be recorded and initialed upon
the original prescription new text begin drug order, new text end or within the electronically maintained record of the
original prescription new text begin drug order, new text end by 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
(1) compounds the drug product using bulk drug substances, as defined in the federal
regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
new text end
new text begin
(i) that:
new text end
new text begin
(A) comply with the standards of an applicable United States Pharmacopoeia
or National Formulary monograph, if a monograph exists, and the United States
Pharmacopoeia chapter on pharmacy compounding;
new text end
new text begin
(B) if such a monograph does not exist, are drug substances that are components of
drugs approved for use in this country by the United States Food and Drug Administration;
or
new text end
new text begin
(C) if such a monograph does not exist and the drug substance is not a component of
a drug approved for use in this country by the United States Food and Drug Administration,
that appear on a list developed by the United States Food and Drug Administration through
regulations issued by the secretary of the federal Department of Health and Human Services
pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
new text end
new text begin
(ii) that are manufactured by an establishment that is registered under section 360
of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
registered under section 360(i) of that act; and
new text end
new text begin
(iii) that are accompanied by valid certificates of analysis for each bulk drug
substance;
new text end
new text begin
(2) compounds the drug product using ingredients, other than bulk drug substances,
that comply with the standards of an applicable United States Pharmacopoeia or National
Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
chapters on pharmacy compounding;
new text end
new text begin
(3) does not compound a drug product that appears on a list published by the secretary
of the federal Department of Health and Human Services in the Federal Register of drug
products that have been withdrawn or removed from the market because such drug products
or components of such drug products have been found to be unsafe or not effective;
new text end
new text begin
(4) does not compound any drug products that are essentially copies of a
commercially available drug product; and
new text end
new text begin
(5) does not compound any drug product that has been identified pursuant to
United States Code, title 21, section 353a, as a drug product that presents demonstrable
difficulties for compounding that reasonably demonstrate an adverse effect on the safety
or effectiveness of that drug product.
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 drugdeleted text begin , other than a controlled substance,deleted text end that was packaged by a manufacturer and
provided to the dispenser for deleted text begin distributiondeleted text end new text begin dispensingnew text end as a professional samplenew text begin . Samples
of a controlled substance shall only be dispensed when one of the approved indications
for the controlled substance is a seizure disorder and when the sample is prepared and
distributed pursuant to Code of Federal Regulations, title 21, part 203, subpart Dnew text end .
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 end new 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, and, when
introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
purpose of human consumption.
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 begin whichdeleted text end new 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 end new 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, and, when introduced into the body, induces an effect
similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
whether the substance is marketed for the purpose of human consumption.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 151.361, 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 begin whichdeleted text end new 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. 13.
Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
10, section 5, is amended to read:
151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
Subdivision 1.
Prohibition.
Except as otherwise provided in this chapter, it shall be
unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
distribute a legend drug.
Subd. 2.
Prescribing and filing.
(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and supervision, and may cause a
person who is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by directing a licensed dietitian or
licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.
(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
and mortality.
(c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
(d) A prescription deleted text begin ordeleted text end drug order for the following drugs is not valid, unless it can
be established that the prescription deleted text begin ordeleted text end new 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 begin and
deleted text end
(3) dispensing and distribution of research drugs by pharmacies shall not be
considered deleted text begin compounding,deleted text end manufacturingdeleted text begin ,deleted text end or wholesaling under this chapterdeleted text begin .deleted text end new 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 begin Complaint reportingdeleted text end new 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
(1) the school is approved by the United States secretary of education in accordance
with requirements of the Higher Education Act of 1965, as amended;
new text end
new text begin
(2) 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
(3) the school may only possess those drugs necessary for the instruction of such
individuals; and
new text end
new text begin
(4) the drugs may only be used in the course of providing such instruction and are
labeled by the purchaser to indicate that they are not to be administered to patients.
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. 14.
Minnesota Statutes 2012, section 151.44, is amended to read:
151.44 DEFINITIONS.
As used in sections 151.43 to 151.51, the following terms have the meanings given
in paragraphs (a) to (h):
(a) "Wholesale drug distribution" means distribution of prescription or
nonprescription drugs to persons other than a consumer or patient or reverse distribution
of such drugs, but does not include:
(1) a sale between a division, subsidiary, parent, affiliated, or related company under
the common ownership and control of a corporate entity;
(2) the purchase or other acquisition, by a hospital or other health care entity that is a
member of a group purchasing organization, of a drug for its own use from the organization
or from other hospitals or health care entities that are members of such organizations;
(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;
(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common control;
(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
for emergency medical reasons;
(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription;
(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
another retail pharmacy to alleviate a temporary shortage;
(8) the distribution of prescription or nonprescription drug samples by manufacturers
representatives; or
(9) the sale, purchase, or trade of blood and blood components.
(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
distribution including, but not limited to, manufacturers; deleted text begin repackersdeleted text end new 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 begin means anyone who is engaged in the manufacturing, preparing,
propagating, compounding, processing, packaging, repackaging, or labeling of a
prescription drugdeleted text end new 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. 15.
Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For purposes of this section only, the terms defined in this
subdivision have the meanings given.
(a) "Automated drug distribution system" or "system" means a mechanical system
approved by the board that performs operations or activities, other than compounding or
administration, related to the storage, packaging, or dispensing of drugs, and collects,
controls, and maintains all required transaction information and records.
(b) "Health care facility" means a nursing home licensed under section 144A.02;
a housing with services establishment registered under section 144D.01, subdivision 4,
in which a home provider licensed under chapter 144A is providing centralized storage
of medications; or a deleted text begin community 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. 16.
Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
Subd. 3.
Authorization.
A pharmacy may use an automated drug distribution
system to fill prescription drug orders for patients of a health care facilitynew text begin provided that the
policies and procedures required by this section have been approved by the boardnew 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. 17.
Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
Subd. 5.
Operation of automated drug distribution systems.
(a) The managing
pharmacy and the pharmacist in charge are responsible for the operation of an automated
drug distribution system.
(b) Access to an automated drug distribution system must be limited to pharmacy
and nonpharmacy personnel authorized to procure drugs from the system, except that field
service technicians may access a system located in a health care facility for the purposes of
servicing and maintaining it while being monitored either by the managing pharmacy, or a
licensed nurse within the health care facility. In the case of an automated drug distribution
system that is not physically located within a licensed pharmacy, access for the purpose
of procuring drugs shall be limited to licensed nurses. Each person authorized to access
the system must be assigned an individual specific access code. Alternatively, access to
the system may be controlled through the use of biometric identification procedures. A
policy specifying time access parameters, including time-outs, logoffs, and lockouts,
must be in place.
(c) For the purposes of this section only, the requirements of section 151.215 are met
if the following clauses are met:
(1) a pharmacist employed by and working at the managing 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 begin employed by
and working at the managing pharmacy new text end must certify the accuracy of the filling of any
cassettes, canisters, or other containers that contain drugs that will be loaded into the
automated drug distribution system; and
(2) when the automated drug dispensing system is located and used within the
managing pharmacy, a pharmacist must personally supervise and take responsibility for all
packaging and labeling associated with the use of an automated drug distribution system.
(d) Access to drugs when a pharmacist has not reviewed and approved the
prescription drug order is permitted only when a formal and written decision to allow such
access is issued by the pharmacy and the therapeutics committee or its equivalent. The
committee must specify the patient care circumstances in which such access is allowed,
the drugs that can be accessed, and the staff that are allowed to access the drugs.
(e) In the case of an automated drug distribution system that does not utilize bar
coding in the loading process, the loading of a system located in a health care facility may
be performed by a pharmacy technician, so long as the activity is continuously supervised,
through a two-way audiovisual system by a pharmacist on duty within the managing
pharmacy. In the case of an automated drug distribution system that utilizes bar coding
in the loading process, the loading of a system located in a health care facility may be
performed by a pharmacy technician or a licensed nurse, provided that the managing
pharmacy retains an electronic record of loading activities.
(f) The automated drug distribution system must be under the supervision of a
pharmacist. The pharmacist is not required to be physically present at the site of the
automated drug distribution system if the system is continuously monitored electronically
by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
board must be continuously available to address any problems detected by the monitoring
or to answer questions from the staff of the health care facility. The licensed pharmacy
may be the managing pharmacy or a pharmacy which is acting as a central services
pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.
Sec. 18.
Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is
amended to read:
Subd. 2.
Schedule I.
(a) Schedule I consists of the substances listed in this
subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
the following substances, including their analogs, isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
ethers, and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidinedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
new text end
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
and salts of isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine;
(23) thebacon.
(d) Hallucinogens. Any material, compound, mixture or preparation which contains
any quantity of the following substances, their analogs, salts, isomers (whether optical,
positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
isomers is possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxy amphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
(2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
(25I-NBOMe).
(e) Peyote. All parts of the plant presently classified botanically as Lophophora
williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
of the American Indian Church, and members of the American Indian Church are exempt
from registration. Any person who manufactures peyote for or distributes peyote to the
American Indian Church, however, is required to obtain federal registration annually and
to comply with all other requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed
in another schedule, any material compound, mixture, or preparation which contains any
quantity of the following substances, their analogs, salts, isomers, and salts of isomers
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam.
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
the analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) fluoromethcathinone;
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) naphthylpyrovalerone (naphyrone); deleted text begin and
deleted text end
new text begin
(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
alpha-pyrrolidinovalerophenone;
new text end
new text begin
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
MPHP); and
new text end
deleted text begin (22)deleted text end new text begin (24)new text end any other substance, except bupropion or compounds listed under a
different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
specifically excepted or unless listed in another schedule, any natural or synthetic material,
compound, mixture, or preparation that contains any quantity of the following substances,
their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
synthetic equivalents of the substances contained in the cannabis plant or in the
resinous extractives of the plant, or synthetic substances with similar chemical structure
and pharmacological activity to those substances contained in the plant or resinous
extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
substituted in the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a
3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
further substituted in the pyrrole ring to any extent, whether or not substituted in the
naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a
naphthylideneindene structure with substitution at the 3-position of the indene
ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
substituted in the indene ring to any extent, whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent, whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
-phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
any extent and whether or not substituted in the phenyl ring to any extent. Examples of
benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
(WIN 48,098 or Pravadoline).
(viii) Others specifically named:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
(XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
(AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
(5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
PB-22)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
3-carboxamide (AB-PINACA);
new text end
new text begin
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
1H-indazole-3-carboxamide (AB-FUBINACA).
new text end
(i) A controlled substance analog, to the extent that it is implicitly or explicitly
intended for human consumption.
ARTICLE 6
HEALTH DEPARTMENT AND PUBLIC HEALTH
Section 1.
Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
Subd. 5.
Electronic drug prior authorization standardization and transmission.
(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
Committee and the Minnesota Administrative Uniformity Committee, shall, by February
15, 2010, identify an outline on how best to standardize drug prior authorization request
transactions between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic transmissions.
(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
develop the standard companion guide by which providers and group purchasers will
exchange standard drug authorization requests using electronic data interchange standards,
if available, with the goal of alignment with standards that are or will potentially be used
nationally.
(c) No later than January 1, deleted text begin 2015deleted text end new 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 begin paragraph
deleted text end new 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 deleted text begin prior todeleted text end new text begin within
six months ofnew text end commencing operations and mustdeleted text begin , at all times,deleted text end 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
The amendment to paragraph (b) is effective the day
following final enactment. The amendment to paragraph (a) and paragraph (c) are
effective retroactively from August 1, 2013.
new text end
Sec. 4.
Minnesota Statutes 2012, section 144.414, subdivision 2, is amended to read:
Subd. 2.
Day care premises.
new text begin (a) new text end Smoking is prohibited in a day care center licensed
under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
group family day care provider home licensed under Minnesota Rules, parts 9502.0300
to 9502.0445, during its hours of operation. The proprietor of a family home or group
family day care provider must disclose to parents or guardians of children cared for on the
premises if the proprietor permits smoking outside of its hours of operation. Disclosure
must include posting on the premises a conspicuous written notice and orally informing
parents or guardians.
new text begin
(b) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.
new text end
Sec. 5.
Minnesota Statutes 2012, section 144.414, subdivision 3, is amended to read:
Subd. 3.
Health care facilities and clinics.
(a) Smoking is prohibited in any area
of a hospital, health care clinic, doctor's office, licensed residential facility for children,
or other health care-related facility, except that a patient or resident in a nursing home,
boarding care facility, or licensed residential facility for adults may smoke in a designated
separate, enclosed room maintained in accordance with applicable state and federal laws.
(b) Except as provided in section 246.0141, smoking by patients in a locked
psychiatric unit may be allowed in a separated well-ventilated area in the unit under a
policy established by the administrator of the program that allows the treating physician to
approve smoking if, in the opinion of the treating physician, the benefits to be gained in
obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
new text begin
(c) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.
new text end
Sec. 6.
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
(a) The use of electronic cigarettes, including the
inhaling or exhaling of vapor from any electronic delivery device, as defined in section
609.685, subdivision 1, is prohibited in the following locations:
new text end
new text begin
(1) any building owned or operated by the state, home rule charter or statutory city,
county, township, school district, or other political subdivision;
new text end
new text begin
(2) any facility owned by Minnesota State Colleges and Universities and the
University of Minnesota;
new text end
new text begin
(3) any facility licensed by the commissioner of human services; or
new text end
new text begin
(4) any facility licensed by the commissioner of health, but only if the facility is also
subject to federal licensing requirements.
new text end
new text begin
(b) Nothing in this subdivision shall prohibit political subdivisions or businesses
from adopting more stringent prohibitions on the use of electronic cigarettes or electronic
delivery devices.
new text end
Sec. 7.
Minnesota Statutes 2012, section 144.4165, is amended to read:
144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
productnew text begin , or inhale or exhale vapor from an electronic delivery device as defined in section
609.685, subdivision 1,new text end in a public school, as defined in section 120A.05, subdivisions
9, 11, and 13new text begin , and no person under the age of 18 shall possess any of these itemsnew text end . This
prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that
a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall
prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or
cultural ceremony. For purposes of this section, an Indian is a person who is a member of
an Indian tribe as defined in section 260.755 subdivision 12.
Sec. 8.
Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
amended to read:
Subdivision 1.
Comprehensive stroke center.
A hospital meets the criteria for a
comprehensive stroke center if the hospital has been certified as a comprehensive stroke
center by the joint commission or another nationally recognized accreditation entitynew text begin and
the hospital participates in the Minnesota stroke registry programnew text end .
Sec. 9.
Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
amended to read:
Subd. 2.
Primary stroke center.
A hospital meets the criteria for a primary stroke
center if the hospital has been certified as a primary stroke center by the joint commission
or another nationally recognized accreditation entitynew text begin and the hospital participates in the
Minnesota stroke registry programnew text end .
Sec. 10.
Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is
amended to read:
Subd. 2.
Designation.
A hospital that voluntarily meets the criteria for a
comprehensive stroke center, primary stroke center, or acute stroke ready hospital may
apply to the commissioner for designation, and upon the commissioner's review and
approval of the application, shall be designated as a comprehensive stroke center, a
primary stroke center, or an acute stroke ready hospital for a three-year period. If a
hospital loses its certification as a comprehensive stroke center or primary stroke center
from the joint commission or other nationally recognized accreditation entity, new text begin or no
longer participates in the Minnesota stroke registry program, new text end its Minnesota designation
shall be immediately withdrawn. Prior to the expiration of the three-year designation, a
hospital seeking to remain part of the voluntary acute stroke system may reapply to the
commissioner for designation.
Sec. 11.
new text begin
[144.497] ST ELEVATION MYOCARDIAL INFARCTION.
new text end
new text begin
The commissioner of health shall assess and report on the quality of care provided in
the state for ST elevation myocardial infarction response and treatment. The commissioner
shall:
new text end
new text begin
(1) utilize and analyze data provided by ST elevation myocardial infarction receiving
centers to the ACTION Registry-Get with the guidelines or an equivalent data platform
that does not identify individuals or associate specific ST elevation myocardial infarction
heart attack events with an identifiable individual;
new text end
new text begin
(2) quarterly post a summary report of the data in aggregate form on the Department
of Health Web site;
new text end
new text begin
(3) annually inform the legislative committees with jurisdiction over public health
of progress toward improving the quality of care and patient outcomes for ST elevation
myocardial infarctions; and
new text end
new text begin
(4) coordinate to the extent possible with national voluntary health organizations
involved in ST elevation myocardial infarction heart attack quality improvement to
encourage ST elevation myocardial infarction receiving centers to report data consistent
with nationally recognized guidelines on the treatment of individuals with confirmed ST
elevation myocardial infarction heart attacks within the state and encourage sharing of
information among health care providers on ways to improve the quality of care of ST
elevation myocardial infarction patients in Minnesota.
new text end
Sec. 12.
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 presents evidence of a sexual assault or other unwanted
sexual contact or sexual penetration. The hospital shall make a good faith effort to
provide this notice prior to medical treatment or the examination performed for the
purpose of gathering evidence, subject to applicable federal and state laws and regulations
regarding the provision of medical care, and in a manner that does not interfere with any
medical screening examination or initiation of treatment necessary to stabilize a victim's
emergency medical condition.
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. 13.
Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
is amended to read:
Subd. 8.
Correction orders.
(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.
(b) The commissioner shall mail copies of any correction order deleted text begin within 30 calendar
days after an exit surveydeleted 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 datenew 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. 14.
Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
is amended to read:
Subd. 12.
Reconsideration.
(a) The commissioner shall make available to home
care providers a correction order reconsideration process. This process may be used
to challenge the correction order issued, including the level and scope described in
subdivision 11, and any fine assessed. During the correction order reconsideration
request, the issuance for the correction orders under reconsideration are not stayed, but
the department shall post information on the Web site with the correction order that the
licensee has requested a reconsideration and that the review is pending.
(b) A licensed home care provider may request from the commissioner, in writing,
a correction order reconsideration regarding any correction order issued to the provider.
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. 15.
Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
is amended to read:
Subd. 3.
Notice.
Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
deleted text begin the health or safety of a consumer is in imminent danger,deleted text end new 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 begin 90deleted text end new text begin 30new text end daysnew text begin unless
there is an extension granted by an administrative law judge pursuant to subdivision 3bnew 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. 16.
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. 17.
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. 18.
Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3,
is amended to read:
Subd. 3.
Duties.
At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in
this chapter deleted text begin such asdeleted text end new text begin , including advice on the followingnew text end :
(1) deleted text begin advice to the commissioner regardingdeleted text end community standards for home care
practices;
(2) deleted text begin advice to the commissioner ondeleted text end enforcement of licensing standards and whether
certain disciplinary actions are appropriate;
(3) deleted text begin advice to the commissioner aboutdeleted text end ways of distributing information to licensees
and consumers of home care;
(4) deleted text begin advice to the commissioner aboutdeleted text end training standards;
(5) identify emerging issues and opportunities in the home care field, including the
use of technology in home and telehealth capabilities; deleted text begin and
deleted text end
(6)new text begin allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to
provide limited home care services in an adjacent independent living apartment building
owned by the licensed nursing home; and
new text end
new text begin (7)new text end perform other duties as directed by the commissioner.
Sec. 19.
Minnesota Statutes 2012, section 144D.065, is amended to read:
144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
(a) If a housing with services establishment registered under this 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 begin related disordersdeleted text end new text begin other dementiasnew text end , whether in a
segregated or general unit, deleted text begin the establishment's direct care staff and their supervisors must
be trained in dementia care.deleted text end new 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. 20.
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. 21.
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. 22.
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. 23.
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. 24.
Minnesota Statutes 2012, section 325H.05, is amended to read:
325H.05 POSTED WARNING REQUIRED.
(a) The facility owner or operator shall conspicuously post the warning deleted text begin signdeleted text end new text begin signs
new text end described in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end within three feet of each tanning station.
The sign must be clearly visible, not obstructed by any barrier, equipment, or other object,
and must be posted so that it can be easily viewed by the consumer before energizing the
tanning equipment.
(b) The warning sign required in paragraph (a) shall have dimensions not less than
eight inches by ten inches, and must have the following wording:
"DANGER - ULTRAVIOLET RADIATION
-Follow instructions.
-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
injury and allergic reactions. Repeated exposure may cause premature aging
of the skin and skin cancer.
-Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are
using medications or have a history of skin problems or believe yourself to be
especially sensitive to sunlight."
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. 25.
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. 26.
Minnesota Statutes 2012, section 325H.09, is amended to read:
325H.09 PENALTY.
Any person who leases tanning equipment or who owns a tanning facility and who
operates or permits the equipment or facility to be operated in noncompliance with the
requirements of sections 325H.01 to deleted text begin 325H.08deleted text end new text begin 325H.085new text end is guilty of a petty misdemeanor.
Sec. 27.
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 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 an AED that is intended, by its markings or display,
to be used or accessed by the public for the benefit of the general public that may be in the
vicinity or location of that AED. It does not include an AED that is owned or used by a
hospital, clinic, business, or organization that is intended to be used by staff and is not
marked or displayed in a manner to encourage public access.
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 the
owner's AED registry of any changes in the information that is required in the registration
within 30 working days of the change occurring.
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) must be kept in the location specified in the registration; and
new text end
new text begin
(3) must 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. The authorized agent of the public safety agency may direct
the owner of the AED to remove the AED from its public access location and to remove
or cover any public signs relating to that AED if it is determined that the AED is not
ready for immediate use.
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 Civil liability. new text end
new text begin
This section does not create any civil liability on the
part of an AED owner or preclude civil liability under other law. Section 645.241 does
not apply to this section.
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. 28.
Minnesota Statutes 2012, section 461.12, is amended to read:
461.12 MUNICIPAL deleted text begin TOBACCOdeleted text end LICENSEnew text begin OF TOBACCO,
TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTSnew 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 begin anddeleted text end new 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 begin and nicotine and lobelia delivery products as described in section 609.6855,
new text end and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
The county board shall license and regulate the sale of tobacco deleted text begin anddeleted text end new 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 begin sales of new text end tobacco
deleted text begin salesdeleted text end new text begin , tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery productsnew 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 productsnew 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 productsnew 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 begin ordeleted text end new text begin ,new text end tobacco-related devicesnew text begin , electronic delivery devices, or nicotine
or lobelia delivery productsnew 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 productsnew 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 begin ordeleted text end new text begin ,new text end tobacco-related devicesnew text begin , electronic delivery devices, or nicotine or lobelia delivery
productsnew 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 begin ordeleted text end new text begin ,new text end tobacco-related devicesnew text begin ,
electronic delivery devices, or nicotine or lobelia delivery productsnew 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 begin isdeleted text end new text begin ,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
arenew text end sold to test compliance with deleted text begin sectiondeleted text end new 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 begin ordeleted text end new 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 begin ordeleted text end new text begin ,new text end tobacco-related devicesnew text begin , electronic delivery devices, or nicotine or lobelia delivery
productsnew 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. 29.
Minnesota Statutes 2012, section 461.18, is amended to read:
461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
Subdivision 1.
Except in adult-only facilities.
(a) No person shall offer for sale
tobacco or tobacco-related devices, new text begin or electronic delivery devices new text end as defined in section
609.685, subdivision 1, new text begin or nicotine or lobelia delivery products as described in section
609.6855, new text end in open displays which are accessible to the public without the intervention
of a store employee.
(b) [Expired August 28, 1997]
(c) [Expired]
(d) This subdivision shall not apply to retail stores which derive at least 90 percent
of their revenue from tobacco and tobacco-related deleted text begin productsdeleted text end new 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 productsnew 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. 30.
Minnesota Statutes 2012, section 461.19, is amended to read:
461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
restrictive regulation of new text begin sales of new text end tobacco deleted text begin salesdeleted text end new text begin , tobacco-related devices, electronic delivery
devices, and nicotine and lobelia productsnew 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. 31.
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 January
1, 2015, when tested in accordance with the method described in Code of Federal
Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
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 EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 32.
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 is operated from a
kiosk, other transportable structure, or a motorized or nonmotorized vehicle.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015, for contracts in
effect as of May 1, 2014. This section is effective August 1, 2014, for any contracts
entered into after May 1, 2014.
new text end
Sec. 33.
Minnesota Statutes 2012, section 609.685, is amended to read:
609.685 SALE OF TOBACCO TO CHILDREN.
Subdivision 1.
Definitions.
For the purposes of this section, the following terms
shall have the meanings respectively ascribed to them in this section.
(a) "Tobacco" means cigarettes and any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco productdeleted text begin ;deleted text end new text begin including but not limited tonew text end cigars; cheroots;
stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
United States Food and Drug Administration for sale as a tobacconew text begin -new text end cessation product, as a
tobacconew text begin -new text end dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
(b) "Tobacco-related devices" means cigarette papers or pipes for smokingnew text begin or
other devices intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
Tobacco-related devices include components of tobacco-related devices which may be
marketed or sold separatelynew text end .
new text begin
(c) "Electronic delivery device" means any product containing or delivering nicotine,
lobelia, or any other substance intended for human consumption that can be used by a
person to simulate smoking in the delivery of nicotine or any other substance through
inhalation of vapor from the product. Electronic delivery device includes any component
part of a product, whether or not marketed or sold separately. Electronic delivery device
does not include any product that has been approved or certified by the United States Food
and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
product, or for other medical purposes, and is marketed and sold for such an approved
purpose.
new text end
Subd. 1a.
Penalty to sell.
(a) Whoever sells tobacconew text begin , tobacco-related devices, or
electronic delivery devicesnew text end to a person under the age of 18 years is guilty of a misdemeanor
for the first violation. Whoever violates this subdivision a subsequent time within five
years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section 340A.503, subdivision 6.
Subd. 2.
Other offenses.
(a) Whoever furnishes tobacco deleted text begin ordeleted text end new text begin ,new text end tobacco-related
devicesnew text begin , or electronic delivery devicesnew text end to a person under the age of 18 years is guilty of a
misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
guilty of a gross misdemeanor.
(b) A person under the age of 18 years who purchases or attempts to purchase
tobacco deleted text begin ordeleted text end new text begin ,new text end tobacco-related devicesnew text begin , or electronic delivery devicesnew text end and who uses a driver's
license, permit, Minnesota identification card, or any type of false identification to
misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3.
Petty misdemeanor.
Except as otherwise provided in subdivision 2,
whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
purchase tobacco deleted text begin or tobacco relateddeleted text end new text begin , tobacco-relatednew text end devicesnew text begin , or electronic delivery
devicesnew text end and is under the age of 18 years is guilty of a petty misdemeanor.
Subd. 4.
Effect on local ordinances.
Nothing in subdivisions 1 to 3 shall supersede
or preclude the continuation or adoption of any local ordinance which provides for more
stringent regulation of the subject matter in subdivisions 1 to 3.
Subd. 5.
Exceptions.
(a) Notwithstanding subdivision 2, an Indian may furnish
tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 18 years
who purchases or attempts to purchase tobacco deleted text begin ordeleted text end new text begin ,new text end tobacco-related devicesnew text begin , or electronic
delivery devicesnew text end while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.
Subd. 6.
Seizure of false identification.
A retailer may seize a form of identification
listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
that the form of identification has been altered or falsified or is being used to violate any
law. A retailer that seizes a form of identification as authorized under this subdivision
shall deliver it to a law enforcement agency within 24 hours of seizing it.
Sec. 34.
Minnesota Statutes 2012, section 609.6855, is amended to read:
609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
Subdivision 1.
Penalty to sell.
(a) Whoever sells to a person under the age of
18 years a product containing or delivering nicotine or lobelia intended for human
consumption, or any part of such a product, that is not tobacco new text begin or an electronic delivery
device new text end as defined by section 609.685, is guilty of a misdemeanor for the first violation.
Whoever violates this subdivision a subsequent time within five years of a previous
conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section 340A.503, subdivision 6.
(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco
new text begin or an electronic delivery devicenew text end as defined by section 609.685, may be sold to persons
under the age of 18 if the product has been approved or otherwise certified for legal sale
by the United States Food and Drug Administration for tobacco use cessation, harm
reduction, or for other medical purposes, and is being marketed and sold solely for that
approved purpose.
Subd. 2.
Other offense.
A person under the age of 18 years who purchases or
attempts to purchase a product containing or delivering nicotine or lobelia intended for
human consumption, or any part of such a product, that is not tobacco new text begin or an electronic
delivery device new text end as defined by section 609.685, and who uses a driver's license, permit,
Minnesota identification card, or any type of false identification to misrepresent the
person's age, is guilty of a misdemeanor.
Subd. 3.
Petty misdemeanor.
Except as otherwise provided in subdivisions 1 and
2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
a product containing or delivering nicotine or lobelia intended for human consumption, or
any part of such a product, that is not tobacco new text begin or an electronic delivery device new text end as defined
by section 609.685, is guilty of a petty misdemeanor.
Sec. 35. new text begin EVALUATION AND REPORTING REQUIREMENTS.
new text end
new text begin
(a) The commissioner of health shall consult with the Alzheimer's Association,
Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
new text end
new text begin
(1) whether additional settings, provider types, licensed and unlicensed personnel, or
health care services regulated by the commissioner should be required to comply with the
training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
new text end
new text begin
(2) cost implications for the groups or individuals identified in clause (1) to comply
with the training requirements;
new text end
new text begin
(3) dementia education options available;
new text end
new text begin
(4) existing dementia training mandates under federal and state statutes and rules; and
new text end
new text begin
(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
144D.11, and methods to determine compliance with the training requirements.
new text end
new text begin
(b) The commissioner shall report the evaluation to the chairs of the health and
human services committees of the legislature no later than February 15, 2015, along with
any recommendations for legislative changes.
new text end
Sec. 36. new text begin DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
new text end
new text begin
The commissioner of health shall develop recommendations on ways to minimize
triclosan health risks.
new text end
Sec. 37. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, sections 325H.06; and 325H.08,
new text end
new text begin
are repealed.
new text end
ARTICLE 7
LOCAL PUBLIC HEALTH SYSTEM
Section 1.
Minnesota Statutes 2012, section 145A.02, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Areas of public health responsibility. new text end
new text begin
"Areas of public health
responsibility" means:
new text end
new text begin
(1) assuring an adequate local public health infrastructure;
new text end
new text begin
(2) promoting healthy communities and healthy behaviors;
new text end
new text begin
(3) preventing the spread of communicable disease;
new text end
new text begin
(4) protecting against environmental health hazards;
new text end
new text begin
(5) preparing for and responding to emergencies; and
new text end
new text begin
(6) assuring health services.
new text end
Sec. 2.
Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
Subd. 5.
Community health board.
"Community health board" means deleted text begin a board of
health established, operating, and eligible for adeleted text end new text begin the governing body fornew text end local public health
deleted text begin grant under sections 145A.09 to 145A.131.deleted text end new text begin in Minnesota. The community health board
may be comprised of a single county, multiple contiguous counties, or in a limited number
of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
responsibilities and authority under this chapter.
new text end
Sec. 3.
Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Community health services administrator. new text end
new text begin
"Community health services
administrator" means a person who meets personnel standards for the position established
under section 145A.06, subdivision 3b, and is working under a written agreement with,
employed by, or under contract with a community health board to provide public health
leadership and to discharge the administrative and program responsibilities on behalf of
the board.
new text end
Sec. 4.
Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Local health department. new text end
new text begin
"Local health department" means an
operational entity that is responsible for the administration and implementation of
programs and services to address the areas of public health responsibility. It is governed
by a community health board.
new text end
Sec. 5.
Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:
new text begin Subd. 8b. new text end
new text begin Essential public health services. new text end
new text begin
"Essential public health services"
means the public health activities that all communities should undertake. These services
serve as the framework for the National Public Health Performance Standards. In
Minnesota they refer to activities that are conducted to accomplish the areas of public
health responsibility. The ten essential public health services are to:
new text end
new text begin
(1) monitor health status to identify and solve community health problems;
new text end
new text begin
(2) diagnose and investigate health problems and health hazards in the community;
new text end
new text begin
(3) inform, educate, and empower people about health issues;
new text end
new text begin
(4) mobilize community partnerships and action to identify and solve health
problems;
new text end
new text begin
(5) develop policies and plans that support individual and community health efforts;
new text end
new text begin
(6) enforce laws and regulations that protect health and ensure safety;
new text end
new text begin
(7) link people to needed personal health services and assure the provision of health
care when otherwise unavailable;
new text end
new text begin
(8) maintain a competent public health workforce;
new text end
new text begin
(9) evaluate the effectiveness, accessibility, and quality of personal and
population-based health services; and
new text end
new text begin
(10) contribute to research seeking new insights and innovative solutions to health
problems.
new text end
Sec. 6.
Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
Subd. 15.
Medical consultant.
"Medical consultant" means a physician licensed
to practice medicine in Minnesota who is working under a written agreement with,
employed by, or on contract with a new text begin community health new text end board deleted text begin of healthdeleted text end to provide advice
and information, to authorize medical procedures through deleted text begin standing ordersdeleted text end new text begin protocolsnew text end , and
to assist a new text begin community health new text end board deleted text begin of healthdeleted text end and its staff in coordinating their activities
with local medical practitioners and health care institutions.
Sec. 7.
Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:
new text begin Subd. 15a. new text end
new text begin Performance management. new text end
new text begin
"Performance management" means the
systematic process of using data for decision making by identifying outcomes and
standards; measuring, monitoring, and communicating progress; and engaging in quality
improvement activities in order to achieve desired outcomes.
new text end
Sec. 8.
Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:
new text begin Subd. 15b. new text end
new text begin Performance measures. new text end
new text begin
"Performance measures" means quantitative
ways to define and measure performance.
new text end
Sec. 9.
Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
Subdivision 1.
Establishment; assignment of responsibilities.
(a) The governing
body of a deleted text begin city ordeleted text end county must undertake the responsibilities of a new text begin community health new text end board
deleted text begin of health or establish a board of healthdeleted text end new text begin by establishing or joining a community health
board according to paragraphs (b) to (f)new text end and deleted text begin assigndeleted text end new text begin assigningnew text end to it the powers and duties deleted text begin of
a board of healthdeleted text end new text begin specified under section 145A.04new text end .
(b) deleted text begin A city council may ask a county or joint powers board of health to undertake
the responsibilities of a board of health for the city's jurisdiction.deleted text end new text begin A community health
board must include within its jurisdiction a population of 30,000 or more persons or be
composed of three or more contiguous counties.
new text end
(c) A county board or city council within the jurisdiction of a community health
board operating under sections 145A.09 to 145A.131 is preempted from forming a deleted text begin board of
deleted text end new text begin communitynew text end health new text begin board new text end except as specified in section deleted text begin 145A.10, subdivision 2deleted text end new text begin 145A.131new text end .
new text begin
(d) A county board or a joint powers board that establishes a community health
board and has or establishes an operational human services board under chapter 402 may
assign the powers and duties of a community health board to a human services board.
Eligibility for funding from the commissioner will be maintained if all requirements of
sections 145A.03 and 145A.04 are met.
new text end
new text begin
(e) Community health boards established prior to January 1, 2014, including city
community health boards, are eligible to maintain their status as community health boards
as outlined in this subdivision.
new text end
new text begin
(f) A community health board may authorize, by resolution, the community
health service administrator or other designated agent or agents to act on behalf of the
community health board.
new text end
Sec. 10.
Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
Subd. 2.
Joint powers new text begin community health new text end board deleted text begin of healthdeleted text end .
deleted text begin Except as preempted
under section 145A.10, subdivision 2,deleted text end A county may establish a joint new text begin community health
new text end board deleted text begin of healthdeleted text end by agreement with one or more contiguous counties, or deleted text begin adeleted text end new text begin an existingnew text end city
new text begin community health board new text end may establish a joint new text begin community health new text end board deleted text begin of healthdeleted text end with one
or more contiguous deleted text begin cities in the same county, or a city may establish a joint board of health
with thedeleted text end new text begin existing city community health boards in the samenew text end county deleted text begin or counties withindeleted text end new text begin in
new text end which it is located. The agreements must be established according to section 471.59.
Sec. 11.
Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
Subd. 4.
Membership; duties of chair.
A new text begin community health new text end board deleted text begin of healthdeleted text end must
have at least five members, one of whom must be elected by the members as chair and one
as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
of the new text begin community health new text end board deleted text begin of healthdeleted text end and sign or authorize an agent to sign contracts and
other documents requiring signature on behalf of the new text begin community health new text end board deleted text begin of healthdeleted text end .
Sec. 12.
Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
Subd. 5.
Meetings.
A new text begin community health new text end board deleted text begin of healthdeleted text end must hold meetings at least
twice a year and as determined by its rules of procedure. The board must adopt written
procedures for transacting business and must keep a public record of its transactions,
findings, and determinations. Members may receive a per diem plus travel and other
eligible expenses while engaged in official duties.
Sec. 13.
Minnesota Statutes 2012, section 145A.03, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Community health board; eligibility for funding. new text end
new text begin
A community health
board that meets the requirements of this section is eligible to receive the local public
health grant under section 145A.131 and for other funds that the commissioner grants to
community health boards to carry out public health activities.
new text end
Sec. 14.
Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
43, section 21, is amended to read:
145A.04 POWERS AND DUTIES OF new text begin COMMUNITY HEALTH new text end BOARD deleted text begin OF
HEALTHdeleted text end .
Subdivision 1.
Jurisdiction; enforcement.
new text begin (a) new text end A deleted text begin county or multicountydeleted text end new text begin community
health new text end board deleted text begin of healthdeleted text end has the deleted text begin powers and duties of a board of health for all territory within
its jurisdiction not under the jurisdiction of a city board of health. Under the general
supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
pertaining to the powers and duties of a board of health within its jurisdictional area
deleted text end new text begin general responsibility for development and maintenance of a system of community health
services under local administration and within a system of state guidelines and standardsnew text end .
new text begin
(b) Under the general supervision of the commissioner, the community health board
shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
powers and duties within its jurisdictional area. In the case of a multicounty or city
community health board, the joint powers agreement under section 145A.03, subdivision
2, or delegation agreement under section 145A.07 shall clearly specify enforcement
authorities.
new text end
new text begin
(c) A member of a community health board may not withdraw from a joint powers
community health board during the first two calendar years following the effective
date of the initial joint powers agreement. The withdrawing member must notify the
commissioner and the other parties to the agreement at least one year before the beginning
of the calendar year in which withdrawal takes effect.
new text end
new text begin
(d) The withdrawal of a county or city from a community health board does not
affect the eligibility for the local public health grant of any remaining county or city for
one calendar year following the effective date of withdrawal.
new text end
new text begin
(e) The local public health grant for a county or city that chooses to withdraw from
a multicounty community health board shall be reduced by the amount of the local
partnership incentive.
new text end
new text begin Subd. 1a. new text end
new text begin Duties. new text end
new text begin
Consistent with the guidelines and standards established under
section 145A.06, the community health board shall:
new text end
new text begin
(1) identify local public health priorities and implement activities to address the
priorities and the areas of public health responsibility, which include:
new text end
new text begin
(i) assuring an adequate local public health infrastructure by maintaining the basic
foundational capacities to a well-functioning public health system that includes data
analysis and utilization; health planning; partnership development and community
mobilization; policy development, analysis, and decision support; communication; and
public health research, evaluation, and quality improvement;
new text end
new text begin
(ii) promoting healthy communities and healthy behavior through activities
that improve health in a population, such as investing in healthy families; engaging
communities to change policies, systems, or environments to promote positive health or
prevent adverse health; providing information and education about healthy communities
or population health status; and addressing issues of health equity, health disparities, and
the social determinants to health;
new text end
new text begin
(iii) preventing the spread of communicable disease by preventing diseases that are
caused by infectious agents through detecting acute infectious diseases, ensuring the
reporting of infectious diseases, preventing the transmission of infectious diseases, and
implementing control measures during infectious disease outbreaks;
new text end
new text begin
(iv) protecting against environmental health hazards by addressing aspects of the
environment that pose risks to human health, such as monitoring air and water quality;
developing policies and programs to reduce exposure to environmental health risks and
promote healthy environments; and identifying and mitigating environmental risks such as
food and waterborne diseases, radiation, occupational health hazards, and public health
nuisances;
new text end
new text begin
(v) preparing and responding to emergencies by engaging in activities that prepare
public health departments to respond to events and incidents and assist communities in
recovery, such as providing leadership for public health preparedness activities with
a community; developing, exercising, and periodically reviewing response plans for
public health threats; and developing and maintaining a system of public health workforce
readiness, deployment, and response; and
new text end
new text begin
(vi) assuring health services by engaging in activities such as assessing the
availability of health-related services and health care providers in local communities,
identifying gaps and barriers in services; convening community partners to improve
community health systems; and providing services identified as priorities by the local
assessment and planning process; and
new text end
new text begin
(2) submit to the commissioner of health, at least every five years, a community
health assessment and community health improvement plan, which shall be developed
with input from the community and take into consideration the statewide outcomes, the
areas of responsibility, and essential public health services;
new text end
new text begin
(3) implement a performance management process in order to achieve desired
outcomes; and
new text end
new text begin
(4) annually report to the commissioner on a set of performance measures and be
prepared to provide documentation of ability to meet the performance measures.
new text end
Subd. 2.
Appointment of deleted text begin agentdeleted text end new text begin community health service (CHS) administratornew text end .
A new text begin community health new text end board deleted text begin of healthdeleted text end must appoint, employ, or contract with a deleted text begin person or
personsdeleted text end new text begin CHS administratornew text end to act on its behalf. The board shall notify the commissioner
of the deleted text begin agent's name, address, and phone number where the agent may be reached between
board meetingsdeleted text end new text begin CHS administrator's contact informationnew text end and submit a copy of the
resolution authorizing the deleted text begin agentdeleted text end new text begin CHS administratornew text end to act new text begin as an agent new text end on the board's behalf.
new text begin The resolution must specify the types of action or actions that the CHS administrator is
authorized to take on behalf of the board.
new text end
new text begin Subd. 2a. new text end
new text begin Appointment of medical consultant. new text end
new text begin
The community health board shall
appoint, employ, or contract with a medical consultant to ensure appropriate medical
advice and direction for the community health board and assist the board and its staff in
the coordination of community health services with local medical care and other health
services.
new text end
Subd. 3.
Employment; deleted text begin medical consultantdeleted text end new text begin employeesnew text end .
(a) A new text begin community health
new text end board deleted text begin of health may establish a health department or other administrative agency anddeleted text end may
employ persons as necessary to carry out its duties.
(b) Except where prohibited by law, employees of the new text begin community health new text end board
deleted text begin of healthdeleted text end may act as its agents.
(c) deleted text begin Employees of the board of health are subject to any personnel administration
rules adopted by a city council or county board forming the board of health unless the
employees of the board are within the scope of a statewide personnel administration
system.deleted text end new text begin Persons employed by a county, city, or the state whose functions and duties are
assumed by a community health board shall become employees of the board without
loss in benefits, salaries, or rights.
new text end
deleted text begin
(d) The board of health may appoint, employ, or contract with a medical consultant
to receive appropriate medical advice and direction.
deleted text end
Subd. 4.
Acquisition of property; request for and acceptance of funds;
collection of fees.
(a) A new text begin community health new text end board deleted text begin of healthdeleted text end may acquire and hold in the
name of the county or city the lands, buildings, and equipment necessary for the purposes
of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
purchase, lease, or transfer of custodial control.
(b) A new text begin community health new text end board deleted text begin of healthdeleted text end may accept gifts, grants, and subsidies from
any lawful source, apply for and accept state and federal funds, and request and accept
local tax funds.
(c) A new text begin community health new text end board deleted text begin of healthdeleted text end may establish and collect reasonable fees
for performing its duties and providing community health services.
(d) With the exception of licensing and inspection activities, access to community
health services provided by or on contract with the new text begin community health new text end board deleted text begin of healthdeleted text end must
not be denied to an individual or family because of inability to pay.
Subd. 5.
Contracts.
To improve efficiency, quality, and effectiveness, avoid
unnecessary duplication, and gain cost advantages, a new text begin community health new text end board deleted text begin of health
deleted text end may contract to provide, receive, or ensure provision of services.
Subd. 6.
Investigation; reporting and control of communicable diseases.
A
new text begin community health new text end board deleted text begin of healthdeleted text end shall make new text begin investigations, or coordinate with any
county board or city council within its jurisdiction to make new text end investigations and reports and
obey instructions on the control of communicable diseases as the commissioner may
direct under section 144.12, 145A.06, subdivision 2, or 145A.07. new text begin Community health
new text end boards deleted text begin of healthdeleted text end must cooperate so far as practicable to act together to prevent and control
epidemic diseases.
Subd. 6a.
Minnesota Responds Medical Reserve Corps; planning.
A new text begin community
health new text end board deleted text begin of healthdeleted text end receiving funding for emergency preparedness or pandemic
influenza planning from the state or from the United States Department of Health and
Human Services shall participate in planning for emergency use of volunteer health
professionals through the Minnesota Responds Medical Reserve Corps program of the
Department of Health. A new text begin community health new text end board deleted text begin of healthdeleted text end shall collaborate on volunteer
planning with other public and private partners, including but not limited to local or
regional health care providers, emergency medical services, hospitals, tribal governments,
state and local emergency management, and local disaster relief organizations.
Subd. 6b.
Minnesota Responds Medical Reserve Corps; agreements.
A
new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or citynew text end participating in the Minnesota Responds
Medical Reserve Corps program may enter into written mutual aid agreements for
deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
volunteers with other new text begin community health new text end boards deleted text begin of healthdeleted text end , other political subdivisions
within the state, or with tribal governments within the state. A new text begin community health new text end board
deleted text begin of healthdeleted text end may also enter into agreements with the Indian Health Services of the United
States Department of Health and Human Services, and with boards of health, political
subdivisions, and tribal governments in bordering states and Canadian provinces.
Subd. 6c.
Minnesota Responds Medical Reserve Corps; when mobilized.
When
a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or citynew text end finds that the prevention, mitigation,
response to, or recovery from an actual or threatened public health event or emergency
exceeds its local capacity, it shall use available mutual aid agreements. If the event or
emergency exceeds mutual aid capacities, a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or
citynew text end may request the commissioner of health to mobilize Minnesota Responds Medical
Reserve Corps volunteers from outside the jurisdiction of the new text begin community health new text end board
deleted text begin of healthdeleted text end new text begin , county, or citynew text end .
Subd. 6d.
Minnesota Responds Medical Reserve Corps; liability coverage.
A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
training or assistance at the call of a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or city
new text end must be deemed an employee of the jurisdiction for purposes of workers' compensation,
tort claim defense, and indemnification.
Subd. 7.
Entry for inspection.
To enforce public health laws, ordinances or rules, a
member or agent of a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or citynew text end may enter a
building, conveyance, or place where contagion, infection, filth, or other source or cause
of preventable disease exists or is reasonably suspected.
Subd. 8.
Removal and abatement of public health nuisances.
(a) If a threat to the
public health such as a public health nuisance, source of filth, or cause of sickness is found
on any property, the new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, city,new text end or its agent shall order
the owner or occupant of the property to remove or abate the threat within a time specified
in the notice but not longer than ten days. Action to recover costs of enforcement under
this subdivision must be taken as prescribed in section 145A.08.
(b) Notice for abatement or removal must be served on the owner, occupant, or agent
of the property in one of the following ways:
(1) by registered or certified mail;
(2) by an officer authorized to serve a warrant; or
(3) by a person aged 18 years or older who is not reasonably believed to be a party to
any action arising from the notice.
(c) If the owner of the property is unknown or absent and has no known representative
upon whom notice can be served, the new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or city,
new text end or its agentnew text begin ,new text end shall post a written or printed notice on the property stating that, unless the
threat to the public health is abated or removed within a period not longer than ten days,
the new text begin community health new text end boardnew text begin , county, or citynew text end will have the threat abated or removed at the
expense of the owner under section 145A.08 or other applicable state or local law.
(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
of the notice provided under paragraphs (b) and (c), then the new text begin community health new text end board deleted text begin of
healthdeleted text end new text begin , county, city,new text end or deleted text begin itsdeleted text end new text begin a designatednew text end agent new text begin of the board, county, or city new text end shall remove or
abate the nuisance, source of filth, or cause of sickness described in the notice from the
property.
Subd. 9.
Injunctive relief.
In addition to any other remedy provided by law, the
new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or citynew text end may bring an action in the court of
appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
has power to enforce, or to enjoin as a public health nuisance any activity or failure to
act that adversely affects the public health.
Subd. 10.
Hindrance of enforcement prohibited; penalty.
It is a misdemeanor
deleted text begin deliberatelydeleted text end to new text begin deliberately new text end hinder a member of a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin ,
county or city,new text end or its agent from entering a building, conveyance, or place where contagion,
infection, filth, or other source or cause of preventable disease exists or is reasonably
suspected, or otherwise to interfere with the performance of the duties of the deleted text begin board of
healthdeleted text end new text begin responsible jurisdictionnew text end .
Subd. 11.
Neglect of enforcement prohibited; penalty.
It is a misdemeanor for
a member or agent of a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or citynew text end to refuse or
neglect to perform a duty imposed on deleted text begin a board of healthdeleted text end new text begin an applicable jurisdictionnew text end by
statute or ordinance.
Subd. 12.
Other powers and duties established by law.
This section does not limit
powers and duties of a new text begin community health new text end board deleted text begin of healthdeleted text end new text begin , county, or citynew text end prescribed in
other sections.
new text begin Subd. 13. new text end
new text begin Recommended legislation. new text end
new text begin
The community health board may recommend
local ordinances pertaining to community health services to any county board or city
council within its jurisdiction and advise the commissioner on matters relating to public
health that require assistance from the state, or that may be of more than local interest.
new text end
new text begin Subd. 14. new text end
new text begin Equal access to services. new text end
new text begin
The community health board must ensure that
community health services are accessible to all persons on the basis of need. No one shall
be denied services because of race, color, sex, age, language, religion, nationality, inability
to pay, political persuasion, or place of residence.
new text end
new text begin Subd. 15. new text end
new text begin State and local advisory committees. new text end
new text begin
(a) A state community
health services advisory committee is established to advise, consult with, and make
recommendations to the commissioner on the development, maintenance, funding, and
evaluation of local public health services. Each community health board may appoint a
member to serve on the committee. The committee must meet at least quarterly, and
special meetings may be called by the committee chair or a majority of the members.
Members or their alternates may be reimbursed for travel and other necessary expenses
while engaged in their official duties.
new text end
new text begin
(b) Notwithstanding section 15.059, the State Community Health Services Advisory
Committee does not expire.
new text end
new text begin
(c) The city boards or county boards that have established or are members of a
community health board may appoint a community health advisory to advise, consult
with, and make recommendations to the community health board on the duties under
subdivision 1a.
new text end
Sec. 15.
Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
Subd. 2.
Animal control.
In addition to powers under sections 35.67 to 35.69, a
county boardnew text begin , city council, or municipalitynew text end may adopt ordinances to issue licenses or
otherwise regulate the keeping of animals, to restrain animals from running at large, to
authorize the impounding and sale or summary destruction of animals, and to establish
pounds.
Sec. 16.
Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
Subd. 2.
Supervision of local enforcement.
(a) In the absence of provision for a
new text begin community health new text end board deleted text begin of healthdeleted text end , the commissioner may appoint three or more persons
to act as a board until one is established. The commissioner may fix their compensation,
which the county or city must pay.
(b) The commissioner by written order may require any two or more new text begin community
health new text end boards deleted text begin of healthdeleted text end new text begin , counties, or citiesnew text end to act together to prevent or control epidemic
diseases.
(c) If a new text begin community health new text end boardnew text begin , county, or citynew text end fails to comply with section 145A.04,
subdivision 6, the commissioner may employ medical and other help necessary to control
communicable disease at the expense of the deleted text begin board of healthdeleted text end new text begin jurisdictionnew text end involved.
(d) If the commissioner has reason to believe that the provisions of this chapter have
been violated, the commissioner shall inform the attorney general and submit information
to support the belief. The attorney general shall institute proceedings to enforce the
provisions of this chapter or shall direct the county attorney to institute proceedings.
Sec. 17.
Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Assistance to community health boards. new text end
new text begin
The commissioner shall help
and advise community health boards that ask for assistance in developing, administering,
and carrying out public health services and programs. This assistance may consist of,
but is not limited to:
new text end
new text begin
(1) informational resources, consultation, and training to assist community health
boards plan, develop, integrate, provide, and evaluate community health services; and
new text end
new text begin
(2) administrative and program guidelines and standards developed with the advice
of the State Community Health Services Advisory Committee.
new text end
Sec. 18.
Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:
new text begin Subd. 3b. new text end
new text begin Personnel standards. new text end
new text begin
In accordance with chapter 14, and in consultation
with the State Community Health Services Advisory Committee, the commissioner
may adopt rules to set standards for administrative and program personnel to ensure
competence in administration and planning.
new text end
Sec. 19.
Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
Subd. 5.
Deadly infectious diseases.
The commissioner shall promote measures
aimed at preventing businesses from facilitating sexual practices that transmit deadly
infectious diseases by providing technical advice to new text begin community health new text end boards deleted text begin of health
deleted text end to assist them in regulating these practices or closing establishments that constitute
a public health nuisance.
Sec. 20.
Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin System-level performance management. new text end
new text begin
To improve public health
and ensure the integrity and accountability of the statewide local public health system,
the commissioner, in consultation with the State Community Health Services Advisory
Committee, shall develop performance measures and implement a process to monitor
statewide outcomes and performance improvement.
new text end
Sec. 21.
Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
Subd. 6.
Health volunteer program.
(a) The commissioner may accept grants from
the United States Department of Health and Human Services for the emergency system
for the advanced registration of volunteer health professionals (ESAR-VHP) established
under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
(b) The commissioner may maintain a registry of volunteers for the Minnesota
Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
deployments within and outside the state. All state licensing and certifying boards
shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
volunteers' information. The commissioner may also obtain information from other states
and national licensing or certifying boards for health practitioners.
(c) The commissioner may share volunteers' data, including any data classified
as private data, from the Minnesota Responds Medical Reserve Corps registry with
new text begin community health new text end boards deleted text begin of healthdeleted text end , new text begin cities or counties, new text end the University of Minnesota's
Academic Health Center or other public or private emergency preparedness partners, or
tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
for credentialing, organizing, training, and deploying volunteers. Upon request of another
state participating in the ESAR-VHP or of a Canadian government administering a similar
health volunteer program, the commissioner may also share the volunteers' data as needed
for emergency preparedness and response.
Sec. 22.
Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
amended to read:
Subd. 7.
Commissioner requests for health volunteers.
(a) When the
commissioner receives a request for health volunteers from:
(1) a deleted text begin local board of healthdeleted text end new text begin community health board, county, or citynew text end according to
section 145A.04, subdivision 6c;
(2) the University of Minnesota Academic Health Center;
(3) another state or a territory through the Interstate Emergency Management
Assistance Compact authorized under section 192.89;
(4) the federal government through ESAR-VHP or another similar program; or
(5) a tribal or Canadian government;
the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
respond to the request. The commissioner may also ask for Minnesota Responds Medical
Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
(b) The commissioner may request Minnesota Responds Medical Reserve Corps
volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
or temporary units providing emergency patient stabilization, medical transport, or
ambulatory care. The commissioner may utilize the volunteers for training, mobilization
or demobilization, inspection, maintenance, repair, or other support functions for the
MMU facility or for other emergency units, as well as for provision of health care services.
(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
compensation provided by the volunteer's employer during volunteer service requested by
the commissioner. An employer is not liable for actions of an employee while serving as a
Minnesota Responds Medical Reserve Corps volunteer.
(d) If the commissioner matches the request under paragraph (a) with Minnesota
Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
sending and receiving jurisdictions in monitoring deployments, and shall coordinate
efforts with the division of homeland security and emergency management for out-of-state
deployments through the Interstate Emergency Management Assistance Compact or
other emergency management compacts.
(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
as of their initial deployment in response to the event or emergency that triggered a
subsequent commissioner's call.
(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
request for training or assistance at the call of the commissioner must be deemed an
employee of the state for purposes of workers' compensation and tort claim defense and
indemnification under section 3.736, without regard to whether the volunteer's activity is
under the direction and control of the commissioner, the division of homeland security
and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
hospital, alternate care site, or other health care provider treating patients from the public
health event or emergency.
(2) For purposes of calculating workers' compensation benefits under chapter 176,
the daily wage must be the usual wage paid at the time of injury or death for similar services
performed by paid employees in the community where the volunteer regularly resides, or
the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
reimbursement for travel and subsistence expenses during a deployment approved by the
commissioner under this subdivision according to reimbursement limits established for
paid state employees. Deployment begins when the volunteer leaves on the deployment
until the volunteer returns from the deployment, including all travel related to the
deployment. The Department of Health shall initially review and pay those expenses to
the volunteer. Except as otherwise provided by the Interstate Emergency Management
Assistance Compact in section 192.89 or agreements made thereunder, the department
shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
department for expenses of the volunteers.
(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
deployed outside the state pursuant to the Interstate Emergency Management Assistance
Compact, the provisions of the Interstate Emergency Management Assistance Compact
must control over any inconsistent provisions in this section.
(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
for workers' compensation arising out of a deployment under this section or out of a
training exercise conducted by the commissioner, the volunteer's workers compensation
benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
volunteer may also qualify under other clauses of section 176.011, subdivision 9.
Sec. 23.
Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
Subdivision 1.
Agreements to perform duties of commissioner.
(a) The
commissioner of health may enter into an agreement with any new text begin community health new text end board
deleted text begin of healthdeleted text end new text begin or county or city that has an established delegation agreement as of January 1,
2014,new text end to delegate all or part of the licensing, inspection, reporting, and enforcement duties
authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to
144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction,
repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered into under Minnesota
Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.
Sec. 24.
Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
Subd. 2.
Agreements to perform duties of new text begin community health new text end board deleted text begin of healthdeleted text end .
A new text begin community health new text end board deleted text begin of healthdeleted text end may authorize a deleted text begin township board,deleted text end city deleted text begin council,deleted text end or
county deleted text begin boarddeleted text end within its jurisdiction to deleted text begin establish a board of health under section 145A.03
and delegate to the board of health by agreement any powers or duties under sections
145A.04, 145A.07, subdivision 2, and 145A.08deleted text end new text begin carry out activities to fulfill community
health board responsibilitiesnew text end . An agreement to delegate new text begin community health board new text end powers
and duties deleted text begin of a board of healthdeleted text end new text begin to a county or citynew text end must be approved by the commissioner
deleted text begin and is subject to subdivision 3deleted text end .
Sec. 25.
Minnesota Statutes 2012, section 145A.08, is amended to read:
145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
Subdivision 1.
Cost of care.
A person who has or whose dependent or spouse has a
communicable disease that is subject to control by the new text begin community health new text end board deleted text begin of healthdeleted text end is
financially liable to the unit or agency of government that paid for the reasonable cost of
care provided to control the disease under section 145A.04, subdivision 6.
Subd. 2.
Assessment of costs of enforcement.
(a) If costs are assessed for
enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
of costs has been specified in an agreement established under section 145A.07, the
enforcement costs must be assessed as prescribed in this subdivision.
(b) A debt or claim against an individual owner or single piece of real property
resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
not exceed the cost of abatement or removal.
(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
assessed and charged against the real property on which the public health nuisance, source
of filth, or cause of sickness was located. The auditor of the county in which the action is
taken shall extend the cost so assessed and charged on the tax roll of the county against the
real property on which the enforcement action was taken.
(d) The cost of an enforcement action taken by a town or city deleted text begin board of healthdeleted text end under
section 145A.04, subdivision 8, may be recovered from the county in which the town or
city is located if the city clerk or other officer certifies the costs of the enforcement action
to the county auditor as prescribed in this section. Taxes equal to the full amount of the
enforcement action but not exceeding the limit in paragraph (b) must be collected by the
county treasurer and paid to the city or town as other taxes are collected and paid.
Subd. 3.
Tax levy authorized.
A city council or county board that has formed or is
a member of a new text begin community health new text end board deleted text begin of healthdeleted text end may levy taxes on all taxable property in
its jurisdiction to pay the cost of performing its duties under this chapter.
Sec. 26.
Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
Subd. 2.
Levying taxes.
In levying taxes authorized under section 145A.08,
subdivision 3, a city council or county board that has formed or is a member of a
community health board must consider the income and expenditures required to meet
local public health priorities established under section deleted text begin 145A.10, subdivision 5adeleted text end new text begin 145A.04,
subdivision 1a, clause (2)new text end , and statewide outcomes deleted text begin establisheddeleted text end under section deleted text begin 145A.12,
subdivision 7deleted text end new text begin 145A.04, subdivision 1a, clause (1)new text end .
Sec. 27.
Minnesota Statutes 2012, section 145A.131, is amended to read:
145A.131 LOCAL PUBLIC HEALTH GRANT.
Subdivision 1.
Funding formula for community health boards.
(a) Base funding
for each community health board eligible for a local public health grant under section
deleted text begin 145A.09, subdivision 2deleted text end new text begin 145A.03, subdivision 7new text end , shall be determined by each community
health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
programs: community health services subsidy; state and federal maternal and child health
special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
youth risk behavior grants; and available women, infants, and children grant funds in fiscal
year 2003, prior to unallotment, distributed based on the proportion of WIC participants
served in fiscal year 2003 within the CHS service area.
(b) Base funding for a community health board eligible for a local public health grant
under section deleted text begin 145A.09, subdivision 2deleted text end new text begin 145A.03, subdivision 7new text end , as determined in paragraph
(a), shall be adjusted by the percentage difference between the base, as calculated in
paragraph (a), and the funding available for the local public health grant.
(c) Multicounty new text begin or multicity new text end community health boards shall receive a local
partnership base of up to $5,000 per year for each county new text begin or city in the case of a multicity
community health board new text end included in the community health board.
(d) The State Community Health Advisory Committee may recommend a formula to
the commissioner to use in distributing state and federal funds to community health boards
organized and operating under sections deleted text begin 145A.09deleted text end new text begin 145A.03new text end to 145A.131 to achieve locally
identified priorities under section deleted text begin 145A.12, subdivision 7, by July 1, 2004deleted text end new text begin 145A.04,
subdivision 1anew text end , for use in distributing funds to community health boards beginning
January 1, 2006, and thereafter.
Subd. 2.
Local match.
(a) A community health board that receives a local public
health grant shall provide at least a 75 percent match for the state funds received through
the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
(b) Eligible funds must be used to meet match requirements. Eligible funds include
funds from local property taxes, reimbursements from third parties, fees, other local funds,
and donations or nonfederal grants that are used for community health services described
in section 145A.02, subdivision 6.
(c) When the amount of local matching funds for a community health board is less
than the amount required under paragraph (a), the local public health grant provided for
that community health board under this section shall be reduced proportionally.
(d) A city organized under the provision of sections deleted text begin 145A.09deleted text end new text begin 145A.03new text end to 145A.131
that levies a tax for provision of community health services is exempt from any county
levy for the same services to the extent of the levy imposed by the city.
Subd. 3.
Accountability.
(a) Community health boards accepting local public health
grants must deleted text begin document progress toward the statewide outcomes established in section
145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
deleted text end new text begin meet all of the requirements and perform all of the duties described in sections 145A.03
and 145A.04, to maintain eligibility to receive the local public health grant.
new text end
deleted text begin
(b) In determining whether or not the community health board is documenting
progress toward statewide outcomes, the commissioner shall consider the following factors:
deleted text end
deleted text begin
(1) whether the community health board has documented progress to meeting
essential local activities related to the statewide outcomes, as specified in the grant
agreement;
deleted text end
deleted text begin
(2) the effort put forth by the community health board toward the selected statewide
outcomes;
deleted text end
deleted text begin
(3) whether the community health board has previously failed to document progress
toward selected statewide outcomes under this section;
deleted text end
deleted text begin
(4) the amount of funding received by the community health board to address the
statewide outcomes; and
deleted text end
deleted text begin
(5) other factors as the commissioner may require, if the commissioner specifically
identifies the additional factors in the commissioner's written notice of determination.
deleted text end
deleted text begin
(c) If the commissioner determines that a community health board has not by
the applicable deadline documented progress toward the selected statewide outcomes
established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
notify the community health board in writing and recommend specific actions that the
community health board should take over the following 12 months to maintain eligibility
for the local public health grant.
deleted text end
deleted text begin
(d) During the 12 months following the written notification, the commissioner shall
provide administrative and program support to assist the community health board in
taking the actions recommended in the written notification.
deleted text end
deleted text begin
(e) If the community health board has not taken the specific actions recommended by
the commissioner within 12 months following written notification, the commissioner may
determine not to distribute funds to the community health board under section 145A.12,
subdivision 2, for the next fiscal year.
deleted text end
deleted text begin
(f) If the commissioner determines not to distribute funds for the next fiscal year, the
commissioner must give the community health board written notice of this determination
and allow the community health board to appeal the determination in writing.
deleted text end
deleted text begin
(g) If the commissioner determines not to distribute funds for the next fiscal year
to a community health board that has not documented progress toward the statewide
outcomes and not taken the actions recommended by the commissioner, the commissioner
may retain local public health grant funds that the community health board would have
otherwise received and directly carry out essential local activities to meet the statewide
outcomes, or contract with other units of government or community-based organizations
to carry out essential local activities related to the statewide outcomes.
deleted text end
deleted text begin
(h) If the community health board that does not document progress toward the
statewide outcomes is a city, the commissioner shall distribute the local public health
funds that would have been allocated to that city to the county in which the city is located,
if that county is part of a community health board.
deleted text end
deleted text begin
(i) The commissioner shall establish a reporting system by which community health
boards will document their progress toward statewide outcomes. This system will be
developed in consultation with the State Community Health Services Advisory Committee
established in section 145A.10, subdivision 10, paragraph (a).
deleted text end
new text begin
(b) By January 1 of each year, the commissioner shall notify community health
boards of the performance-related accountability requirements of the local public health
grant for that calendar year. Performance-related accountability requirements will be
comprised of a subset of the annual performance measures and will be selected in
consultation with the State Community Health Services Advisory Committee.
new text end
new text begin
(c) If the commissioner determines that a community health board has not met the
accountability requirements, the commissioner shall notify the community health board in
writing and recommend specific actions the community health board must take over the
next six months in order to maintain eligibility for the Local Public Health Act grant.
new text end
new text begin
(d) Following the written notification in paragraph (c), the commissioner shall
provide administrative and program support to assist the community health board as
required in section 145A.06, subdivision 3a.
new text end
new text begin
(e) The commissioner shall provide the community health board two months
following the written notification to appeal the determination in writing.
new text end
new text begin
(f) If the community health board has not submitted an appeal within two months
or has not taken the specific actions recommended by the commissioner within six
months following written notification, the commissioner may elect to not reimburse
invoices for funds submitted after the six-month compliance period and shall reduce by
1/12 the community health board's annual award allocation for every successive month
of noncompliance.
new text end
new text begin
(g) The commissioner may retain the amount of funding that would have been
allocated to the community health board and assume responsibility for public health
activities in the geographic area served by the community health board.
new text end
Subd. 4.
Responsibility of commissioner to ensure a statewide public health
system.
deleted text begin If a county withdraws from a community health board and operates as a board of
health ordeleted text end If a community health board elects not to accept the local public health grant,
the commissioner may retain the amount of funding that would have been allocated to
the community health board deleted text begin using the formula described in subdivision 1deleted text end and assume
responsibility for public health activities deleted text begin to meet the statewide outcomesdeleted text end in the geographic
area served deleted text begin by the board of health or community health boarddeleted text end . The commissioner may
elect to directly provide public health activities deleted text begin to meet the statewide outcomesdeleted text end or contract
with other units of government or with community-based organizations. If a city that is
currently a community health board withdraws from a community health board or elects
not to accept the local public health grant, the local public health grant funds that would
have been allocated to that city shall be distributed to the county in which the city is
locateddeleted text begin , if the county is part of a community health boarddeleted text end .
Subd. 5.
deleted text begin Local public health prioritiesdeleted text end new text begin Use of fundsnew text end .
Community health boards
may use their local public health grant deleted text begin to address local public health priorities identified
under section 145A.10, subdivision 5a.deleted text end new text begin funds to address the areas of public health
responsibility and local priorities developed through the community health assessment and
community health improvement planning process.
new text end
Sec. 28. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) The revisor shall change the terms "board of health" or "local board of health" or
any derivative of those terms to "community health board" where it appears in Minnesota
Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
new text end
new text begin
(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
new text end
Sec. 29. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7,
new text end
new text begin
are repealed. The revisor shall
remove cross-references to these repealed sections and make changes necessary to correct
punctuation, grammar, or structure of the remaining text.
new text end
ARTICLE 8
CONTINUING CARE
Section 1.
Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1,
is amended to read:
Subdivision 1.
Requirements for intensive support services.
new text begin Except for services
identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), new text end a license
holder providing intensive support services identified in section 245D.03, subdivision 1,
paragraph (c), must comply with the requirements in this section and section 245D.07,
subdivisions 1 and 3.new text begin Services identified in section 245D.03, subdivision 1, paragraph (c),
clauses (1) and (2), must comply with the requirements in section 245D.07, subdivision 2.
new text end
Sec. 2.
Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, is
amended to read:
Subd. 4.
Service outcomes and supports.
(a) Within ten working days of the
45-day meeting, the license holder must develop and document the service outcomes and
supports based on the assessments completed under subdivision 3 and the requirements
in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
coordinated service and support plan addendum.
(b) The license holder must document the supports and methods to be implemented
to support the accomplishment of outcomes related to acquiring, retaining, or improving
skills. The documentation must include:
(1) the methods or actions that will be used to support the person and to accomplish
the service outcomes, including information about:
(i) any changes or modifications to the physical and social environments necessary
when the service supports are provided;
(ii) any equipment and materials required; and
(iii) techniques that are consistent with the person's communication mode and
learning style;
(2) the measurable and observable criteria for identifying when the desired outcome
has been achieved and how data will be collected;
(3) the projected starting date for implementing the supports and methods and
the date by which progress towards accomplishing the outcomes will be reviewed and
evaluated; and
(4) the names of the staff or position responsible for implementing the supports
and methods.
(c) Within 20 working days of the 45-day meeting, the license holder mustnew text begin submit
to andnew text end obtain dated signatures from the person or the person's legal representative and
case manager to document completion and approval of the assessment and coordinated
service and support plan addendum.new text begin If, within ten working days of the submission of the
assessment or coordinated service and support plan addendum, the person or the person's
legal representative or case manager has not signed and returned to the license holder the
assessment and coordinated service and support plan addendum or has not proposed
written modifications to the license holder's submission, the submission is deemed
approved and the assessment and coordinated service and support plan addendum become
effective and remain in effect until the legal representative or case manager submits a
written request to revise the assessment or coordinated service and support plan addendum.
new text end
Sec. 3.
Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is
amended to read:
Subd. 4.
Orientation to program requirements.
Except for a license holder
who does not supervise any direct support staff, within 60new text begin calendarnew text end days of hire, unless
stated otherwise, the license holder must provide and ensure completion ofnew text begin ten hours of
orientation for direct support staff providing basic services andnew text end 30 hours of orientation
for direct support staffnew text begin providing intensive servicesnew text end that combines supervised on-the-job
training with review of and instruction in the following areas:
(1) the job description and how to complete specific job functions, including:
(i) responding to and reporting incidents as required under section 245D.06,
subdivision 1; and
(ii) following safety practices established by the license holder and as required in
section 245D.06, subdivision 2;
(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation
of those policies and procedures;
(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;
(4) the service recipient rights and staff responsibilities related to ensuring the
exercise and protection of those rights according to the requirements in section 245D.04;
(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
reporting and service planning for children and vulnerable adults, and staff responsibilities
related to protecting persons from maltreatment and reporting maltreatment. This
orientation must be provided within 72 hours of first providing direct contact services and
annually thereafter according to section 245A.65, subdivision 3;
(6) the principles of person-centered service planning and delivery as identified in
section 245D.07, subdivision 1a, and how they apply to direct support service provided
by the staff person; deleted text begin and
deleted text end
(7)new text begin the safe and correct use of manual restraint on an emergency basis according to
the requirements in section 245D.061 and what constitutes the use of restraints, time out,
and seclusion, including chemical restraint;
new text end
new text begin
(8) staff responsibilities related to prohibited procedures under section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior, and why such procedures are not safe;
new text end
new text begin
(9) basic first aid; and
new text end
new text begin (10)new text end other topics as determined necessary in the person's coordinated service and
support plan by the case manager or other areas identified by the license holder.
Sec. 4.
Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, is
amended to read:
Subd. 4a.
Orientation to individual service recipient needs.
(a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to deleted text begin (f)deleted text end new text begin (e)new text end are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to deleted text begin (f)deleted text end new text begin (e)new text end as they relate to the staff
person's job functions for that person.
(b) new text begin For community residential services, new text end training and competency evaluations must
include the followingnew text begin , if identified in the coordinated service and support plannew text end :
(1) appropriate and safe techniques in personal hygiene and grooming, including
hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
daily living (ADLs) as defined under section 256B.0659, subdivision 1;
(2) an understanding of what constitutes a healthy diet according to data from the
Centers for Disease Control and Prevention and the skills necessary to prepare that diet;new text begin and
new text end
(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1deleted text begin ; and
deleted text end
deleted text begin (4) demonstrated competence in providing first aiddeleted text end .
(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates
to the responsibilities assigned to the license holder, and when applicable, the person's
individual abuse prevention plan, to achieve and demonstrate an understanding of the
person as a unique individual, and how to implement those plans.
(d) The staff person must review and receive instruction on medication
administration procedures established for the person when medication administration is
assigned to the license holder according to section 245D.05, subdivision 1, paragraph
(b). Unlicensed staff may administer medications only after successful completion of a
medication administration training, from a training curriculum developed by a registered
nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
practitioner, physician's assistant, or physician. The training curriculum must incorporate
an observed skill assessment conducted by the trainer to ensure staff demonstrate the
ability to safely and correctly follow medication procedures.
Medication administration must be taught by a registered nurse, clinical nurse
specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
service initiation or any time thereafter, the person has or develops a health care condition
that affects the service options available to the person because the condition requires:
(1) specialized or intensive medical or nursing supervision; and
(2) nonmedical service providers to adapt their services to accommodate the health
and safety needs of the person.
(e) The staff person must review and receive instruction on the safe and correct
operation of medical equipment used by the person to sustain life new text begin or to monitor a medical
condition that could become life-threatening without proper use of the medical equipmentnew text end ,
including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training
must be provided by a licensed health care professional or a manufacturer's representative
and incorporate an observed skill assessment to ensure staff demonstrate the ability to
safely and correctly operate the equipment according to the treatment orders and the
manufacturer's instructions.
(f) deleted text begin The staff person must review and receive instruction on what constitutes use of
restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
related to the prohibitions of their use according to the requirements in section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior and why they are not safe, and the safe and correct use of manual
restraint on an emergency basis according to the requirements in section 245D.061.
deleted text end
deleted text begin (g)deleted text end In the event of an emergency service initiation, the license holder must ensure
the training required in this subdivision occurs within 72 hours of the direct support staff
person first having unsupervised contact with the person receiving services. The license
holder must document the reason for the unplanned or emergency service initiation and
maintain the documentation in the person's service recipient record.
deleted text begin (h)deleted text end new text begin (g)new text end License holders who provide direct support services themselves must
complete the orientation required in subdivision 4, clauses (3) to deleted text begin (7)deleted text end new text begin (10)new text end .
Sec. 5.
Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is
amended to read:
Subd. 5.
Annual training.
A license holder must provide annual training to direct
support staff on the topics identified in subdivision 4, clauses (3) to deleted text begin (7), and subdivision
4adeleted text end new text begin (10)new text end . A license holder must provide a minimum of 24 hours of annual training to
direct service staff deleted text begin withdeleted text end new text begin providing intensive services and havingnew text end fewer than five years
of documented experience and 12 hours of annual training to direct service staff deleted text begin with
deleted text end new text begin providing intensive services and havingnew text end five or more years of documented experience in
topics described in subdivisions 4 and 4a, paragraphs (a) to deleted text begin (h)deleted text end new text begin (g)new text end . Training on relevant
topics received from sources other than the license holder may count toward training
requirements.new text begin A license holder must provide a minimum of 12 hours of annual training
to direct service staff providing basic services and having fewer than five years of
documented experience and six hours of annual training to direct service staff providing
basic services and having five or more years of documented experience.
new text end
Sec. 6.
Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read:
Subd. 11.
Personal care assistant; requirements.
(a) A personal care assistant
must meet the following requirements:
(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:
(i) supervision by a qualified professional every 60 days; and
(ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;
(2) be employed by a personal care assistance provider agency;
(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:
(i) not disqualified under section 245C.14; or
(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
(4) be able to effectively communicate with the recipient and personal care
assistance provider agency;
(5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
or physician;
(6) not be a consumer of personal care assistance services;
(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;
(8) effective January 1, 2010, complete standardized training as determined
by the commissioner before completing enrollment. The training must be available
in languages other than English and to those who need accommodations due to
disabilities. Personal care assistant training must include successful completion of the
following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;
(9) complete training and orientation on the needs of the recipient; and
(10) be limited to providing and being paid for up to 275 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.
(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).
(c) Persons who do not qualify as a personal care assistant include parents,
stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
and staff of a residential setting. deleted text begin When the personal care assistant is a relative of the
recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
a grandchild.
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. 7.
Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:
Subd. 28.
Personal care assistance provider agency; required documentation.
(a) Required documentation must be completed and kept in the personal care assistance
provider agency file or the recipient's home residence. The required documentation
consists of:
(1) employee files, including:
(i) applications for employment;
(ii) background study requests and results;
(iii) orientation records about the agency policies;
(iv) trainings completed with demonstration of competence;
(v) supervisory visits;
(vi) evaluations of employment; and
(vii) signature on fraud statement;
(2) recipient files, including:
(i) demographics;
(ii) emergency contact information and emergency backup plan;
(iii) personal care assistance service plan;
(iv) personal care assistance care plan;
(v) month-to-month service use plan;
(vi) all communication records;
(vii) start of service information, including the written agreement with recipient; and
(viii) date the home care bill of rights was given to the recipient;
(3) agency policy manual, including:
(i) policies for employment and termination;
(ii) grievance policies with resolution of consumer grievances;
(iii) staff and consumer safety;
(iv) staff misconduct; and
(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;
(4) time sheets for each personal care assistant along with completed activity sheets
for each recipient served;new text begin and
new text end
(5) agency marketing and advertising materials and documentation of marketing
activities and costsdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(6) for each personal care assistant, whether or not the personal care assistant is
providing care to a relative as defined in subdivision 11.
deleted text end
(b) The commissioner may assess a fine of up to $500 on provider agencies that do
not consistently comply with the requirements of this subdivision.
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 2013 Supplement, section 256B.0922, subdivision 1,
is amended to read:
Subdivision 1.
Essential community supports.
(a) The purpose of the essential
community supports program is to provide targeted services to persons age 65 and older
who need essential community support, but whose needs do not meet the level of care
required for nursing facility placement under section 144.0724, subdivision 11.
(b) Essential community supports are available not to exceed $400 per person per
month. Essential community supports may be used as authorized within an authorization
period not to exceed 12 months. Services must be available to a person who:
(1) is age 65 or older;
(2) is not eligible for medical assistance;
(3) has received a community assessment under section 256B.0911, subdivision 3a
or 3b, and does not require the level of care provided in a nursing facility;
(4) meets the financial eligibility criteria for the alternative care program under
section 256B.0913, subdivision 4;
(5) has a community support plan; and
(6) has been determined by a community assessment under section 256B.0911,
subdivision 3a or 3b, to be a person who would require provision of at least one of the
following services, as defined in the approved elderly waiver plan, in order to maintain
their community residence:
(i) new text begin adult day services;
new text end
new text begin (ii) new text end caregiver support;
deleted text begin (ii)deleted text end new text begin (iii)new text end homemaker support;
deleted text begin (iii)deleted text end new text begin (iv)new text end chores;
deleted text begin (iv)deleted text end new text begin (v)new text end a personal emergency response device or system;
deleted text begin (v)deleted text end new text begin (vi)new text end home-delivered meals; or
deleted text begin (vi)deleted text end new text begin (vii)new text end community living assistance as defined by the commissioner.
(c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination, not to exceed $600 in a 12-month authorization
period, as part of their community support plan.
(d) A person who has been determined to be eligible for essential community
supports must be reassessed at least annually and continue to meet the criteria in paragraph
(b) to remain eligible for essential community supports.
(e) The commissioner is authorized to use federal matching funds for essential
community supports as necessary and to meet demand for essential community supports
as outlined in subdivision 2, and that amount of federal funds is appropriated to the
commissioner for this purpose.
Sec. 9.
Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
is amended to read:
Subd. 10.
Enrollment requirements.
deleted text begin Alldeleted text end new text begin (a) Except as provided in paragraph (b),
new text end new text begin the following new text end home and community-based waiver providers must provide, at the time of
enrollment and within 30 days of a request, in a format determined by the commissioner,
information and documentation that includesdeleted text begin , but is not limited to, the following:
deleted text end
deleted text begin
(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous calendar year, whichever is greater;
deleted text end
deleted text begin
(2) proof of fidelity bond coverage in the amount of $20,000; and
deleted text end
deleted text begin (3)deleted text end proof of liability insurancedeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) waiver services providers required to meet the provider standards in chapter 245D;
new text end
new text begin
(2) foster care providers whose services are funded by the elderly waiver or
alternative care program;
new text end
new text begin
(3) fiscal support entities;
new text end
new text begin
(4) adult day care providers;
new text end
new text begin
(5) providers of customized living services; and
new text end
new text begin
(6) residential care providers.
new text end
new text begin
(b) Providers of foster care services covered by section 245.814 are exempt from
this subdivision.
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. 10.
Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
WITH DISABILITIES.
(a) Individuals receiving services under a home and community-based waiver under
section 256B.092 or 256B.49 may receive services in the following settings:
(1) an individual's own home or family home;
(2) a licensed adult foster care or child foster care setting of up to five peoplenew text begin or
community residential setting of up to five peoplenew text end ; and
(3) community living settings as defined in section 256B.49, subdivision 23, where
individuals with disabilities may reside in all of the units in a building of four or fewer
units, and no more than the greater of four or 25 percent of the units in a multifamily
building of more than four units, unless required by the Housing Opportunities for Persons
with AIDS Program.
(b) The settings in paragraph (a) must not:
(1) be located in a building that is a publicly or privately operated facility that
provides institutional treatment or custodial care;
(2) be located in a building on the grounds of or adjacent to a public or private
institution;
(3) be a housing complex designed expressly around an individual's diagnosis or
disability, unless required by the Housing Opportunities for Persons with AIDS Program;
(4) be segregated based on a disability, either physically or because of setting
characteristics, from the larger community; and
(5) have the qualities of an institution which include, but are not limited to:
regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
agreed to and documented in the person's individual service plan shall not result in a
residence having the qualities of an institution as long as the restrictions for the person are
not imposed upon others in the same residence and are the least restrictive alternative,
imposed for the shortest possible time to meet the person's needs.
(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
individuals receive services under a home and community-based waiver as of July 1,
2012, and the setting does not meet the criteria of this section.
(d) Notwithstanding paragraph (c), a program in Hennepin County established as
part of a Hennepin County demonstration project is qualified for the exception allowed
under paragraph (c).
(e) The commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012.
Sec. 11.
Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
Subdivision 1.
Commissioner's duties; report.
The commissioner of human
services shall solicit proposals for the conversion of services provided for persons with
disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, new text begin or
community residential settings licensed under chapter 245D, new text end to other types of community
settings in conjunction with the closure of identified licensed adult foster care settings.
Sec. 12.
Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
Subd. 1e.
Rules regarding emergency assistance.
The commissioner shall adopt
rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use
of the emergency program under MFIP as the primary financial resource when available.
The commissioner shall adopt rules for eligibility for general assistance of persons with
seasonal income and may attribute seasonal income to other periods not in excess of one
year from receipt by an applicant or recipient. General assistance payments may not be
made for foster care, new text begin community residential settings licensed under chapter 245D, new text end child
welfare services, or other social services. Vendor payments and vouchers may be issued
only as authorized in sections 256D.05, subdivision 6, and 256D.09.
Sec. 13.
Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is
amended to read:
Subd. 5.
Special needs.
In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.
(f)(1) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622; (ii) eligible for the self-directed
supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).
(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.
(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.
(g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider. deleted text begin In a multifamily building of more than four
units, the maximum number of units that may be used by recipients of this program shall
be the greater of four units or 25 percent of the units in the building, unless required by the
Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four
or fewer units, all of the units may be used by recipients of this program.deleted text end When housing is
controlled by the service provider, the individual may choose the individual's own service
provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is
controlled by the service provider, the service provider shall implement a plan with the
recipient to transition the lease to the recipient's name. Within two years of signing the
initial lease, the service provider shall transfer the lease entered into under this subdivision
to the recipient. In the event the landlord denies this transfer, the commissioner may
approve an exception within sufficient time to ensure the continued occupancy by the
recipient. This paragraph expires June 30, 2016.
Sec. 14.
Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
Subd. 6.
Excluded time.
"Excluded time" means:
(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
other than an emergency shelter, halfway house, foster home, new text begin community residential
setting licensed under chapter 245D, new text end semi-independent living domicile or services
program, residential facility offering care, board and lodging facility or other institution
for the hospitalization or care of human beings, as defined in section 144.50, 144A.01,
or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional
facility; or any facility based on an emergency hold under sections 253B.05, subdivisions
1 and 2, and 253B.07, subdivision 6;
(2) any period an applicant spends on a placement basis in a training and habilitation
program, including: a rehabilitation facility or work or employment program as defined
in section 268A.01; semi-independent living services provided under section 252.275,
and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
programs and assisted living services; and
(3) any placement for a person with an indeterminate commitment, including
independent living.
Sec. 15.
Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
Subd. 3.
Group residential housing.
"Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section 256I.04. This definition includes foster care
settings new text begin or community residential settings new text end for a single adult. To receive payment for a
group residence rate, the residence must meet the requirements under section 256I.04,
subdivision 2a.
Sec. 16.
Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
Subd. 2a.
License required.
A county agency may not enter into an agreement with
an establishment to provide group residential housing unless:
(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; a residential care home; a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; deleted text begin ordeleted text end (iii) a residence licensed by the commissioner under Minnesota Rules,
parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9;new text begin or
(iv) licensed under section 245D.02, subdivision 4a, as a community residential setting
by the commissioner of human services;
new text end
(3) the establishment is registered under chapter 144D and provides three meals a
day, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; or
(4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing.
The requirements under clauses (1) to (4) do not apply to establishments exempt
from state licensure because they are located on Indian reservations and subject to tribal
health and safety requirements.
Sec. 17.
Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
amended to read:
Subd. 9.
Common entry point designation.
(a) new text begin Each county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point. new text end The commissioner of human services shall
establish a common entry point effective July 1, deleted text begin 2014deleted text end new text begin 2015new text end . The common entry point is
the unit responsible for receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;
(5) whether there was a risk of imminent danger to the alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the alleged victim;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of the initial and final
reports; and
(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.
(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative
agency, those agencies shall take the report on the appropriate common entry point intake
forms and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized database
for the collection of common entry point data, lead investigative agency data including
maltreatment report disposition, and appeals data. The common entry point shall
have access to the centralized database and must log the reports into the database and
immediately identify and locate prior reports of abuse, neglect, or exploitation.
(h) When appropriate, the common entry point staff must refer calls that do not
allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
that might resolve the reporter's concerns.
(i) A common entry point must be operated in a manner that enables the
commissioner of human services to:
(1) track critical steps in the reporting, evaluation, referral, response, disposition,
and investigative process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for
monitoring patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect,
or exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) track and manage consumer complaints related to the common entry point.
(j) The commissioners of human services and health shall collaborate on the
creation of a system for referring reports to the lead investigative agencies. This system
shall enable the commissioner of human services to track critical steps in the reporting,
evaluation, referral, response, disposition, investigation, notification, determination, and
appeal processes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
date, is amended to read:
EFFECTIVE DATE.
This section is effective January 1, 2014, for adults age 21 or
older, and October 1, 2019, for children deleted text begin age 16 todeleted text end before the child's 21st birthday.
Sec. 19.
Laws 2013, chapter 108, article 7, section 60, is amended to read:
Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
1, 2014.
(a) The commissioner of human services shall increase reimbursement rates, grants,
allocations, individual limits, and rate limits, as applicable, by one percent for the rate
period beginning April 1, 2014, for services rendered on or after those dates. County or
tribal contracts for services specified in this section must be amended to pass through
these rate increases within 60 days of the effective date.
(b) The rate changes described in this section must be provided to:
(1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section 256B.501;
(2) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49;
(3) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
(4) brain injury waivered services, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(5) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;
(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
(9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
(10) alternative care services under Minnesota Statutes, section 256B.0913new text begin , and
essential community supports under Minnesota Statutes, section 256B.0922new text end ;
(11) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;
(12) semi-independent living services (SILS) under Minnesota Statutes, section
252.275, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256M;
(13) consumer support grants under Minnesota Statutes, section 256.476;
(14) family support grants under Minnesota Statutes, section 252.32;
(15) housing access grants under Minnesota Statutes, sections 256B.0658 and
256B.0917, subdivision 14;
(16) self-advocacy grants under Laws 2009, chapter 101;
(17) technology grants under Laws 2009, chapter 79;
(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
and 256B.0928; and
(19) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
and Laws 1997, First Special Session chapter 5, section 20.
(c) A managed care plan receiving state payments for the services in this section
must include these increases in their payments to providers. To implement the rate increase
in this section, capitation rates paid by the commissioner to managed care organizations
under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the
specified services for the period beginning April 1, 2014.
(d) Counties shall increase the budget for each recipient of consumer-directed
community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from April 1, 2014.
new text end
Sec. 20. new text begin AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN
IMPLEMENTATION.
new text end
new text begin
The autism spectrum disorder statewide strategic plan developed by the Minnesota
Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively
by the commissioners of education, employment and economic development, health, and
human services. Within existing funding, the commissioners shall:
new text end
new text begin
(1) work across state agencies and with key stakeholders to implement the strategic
plan;
new text end
new text begin
(2) prepare progress reports on the implementation of the plan twice per year and
make the progress reports available to the public; and
new text end
new text begin
(3) provide two opportunities per year for interested parties, including, but not
limited to, individuals with autism, family members of individuals with autism spectrum
disorder, underserved and diverse communities impacted by autism spectrum disorder,
medical professionals, health plans, service providers, and schools, to provide input on
the implementation of the strategic plan.
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
ARTICLE 9
HEALTH CARE
Section 1.
Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9,
is amended to read:
Subd. 9.
Dental services.
(a) Medical assistance covers dental services.
(b) Medical assistance dental coverage for nonpregnant adults is limited to the
following services:
(1) comprehensive exams, limited to once every five years;
(2) periodic exams, limited to one per year;
(3) limited exams;
(4) bitewing x-rays, limited to one per year;
(5) periapical x-rays;
(6) panoramic x-rays, limited to one every five years except (1) when medically
necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma
or (2) once every two years for patients who cannot cooperate for intraoral film due to
a developmental disability or medical condition that does not allow for intraoral film
placement;
(7) prophylaxis, limited to one per year;
(8) application of fluoride varnish, limited to one per year;
(9) posterior fillings, all at the amalgam rate;
(10) anterior fillings;
(11) endodontics, limited to root canals on the anterior and premolars only;
(12) removable prostheses, each dental arch limited to one every six years;
(13) oral surgery, limited to extractions, biopsies, and incision and drainage of
abscesses;
(14) palliative treatment and sedative fillings for relief of pain; and
(15) full-mouth debridement, limited to one every five years.
(c) In addition to the services specified in paragraph (b), medical assistance
covers the following services for adults, if provided in an outpatient hospital setting or
freestanding ambulatory surgical center as part of outpatient dental surgery:
(1) periodontics, limited to periodontal scaling and root planing once every two years;
(2) general anesthesia; and
(3) full-mouth survey once every five years.
(d) Medical assistance covers medically necessary dental services for children and
pregnant women. The following guidelines apply:
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants are covered once every five years per permanent molar for
children only;
(3) application of fluoride varnish is covered once every six months; and
(4) orthodontia is eligible for coverage for children only.
(e) In addition to the services specified in paragraphs (b) and (c), medical assistance
covers the following services for adults:
(1) house calls or extended care facility calls for on-site delivery of covered services;
(2) behavioral management when additional staff time is required to accommodate
behavioral challenges and sedation is not used;
(3) oral or IV sedation, if the covered dental service cannot be performed safely
without it or would otherwise require the service to be performed under general anesthesia
in a hospital or surgical center; and
(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
no more than four times per year.
new text begin
(f) The commissioner shall not require prior authorization for the services included
in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based
purchasing plans from requiring prior authorization for the services included in paragraph
(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.
new text end
Sec. 2.
Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) "Complex deleted text begin private dutydeleted text end new text begin home carenew text end nursing deleted text begin caredeleted text end "
meansnew text begin home carenew text end nursing services provided to recipients who deleted text begin are ventilator dependent or
for whom a physician has certified that the recipient would meet the criteria for inpatient
hospital intensive care unit (ICU) level of caredeleted text end new text begin meet the criteria for regular home care
nursing and require life-sustaining interventions to reduce the risk of long-term injury
or deathnew text end .
(b) "deleted text begin Private dutydeleted text end new text begin Home carenew text end nursing" means ongoing deleted text begin professionaldeleted text end new text begin physician-ordered
hourly new text end nursing services deleted text begin by a registered or licensed practical nurse including assessment,
professional nursing tasks, and education, based on an assessment and physician orders
to maintain or restore optimal health of the recipient.deleted text end new text begin performed by a registered nurse or
licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
health.
new text end
(c) "deleted text begin Private dutydeleted text end new text begin Home carenew text end nursing agency" means a medical assistance enrolled
provider licensed under chapter 144A to provide deleted text begin private dutydeleted text end new text begin home carenew text end nursing services.
(d) "Regular deleted text begin private dutydeleted text end new text begin home carenew text end nursing" means deleted text begin nursing services provided to
a recipient who is considered stable and not at an inpatient hospital intensive care unit
level of care, but may have episodes of instability that are not life threateningdeleted text end new text begin home care
nursing provided because:
new text end
new text begin
(1) the recipient requires more individual and continuous care than can be provided
during a skilled nurse visit; or
new text end
new text begin (2) the cares are outside of the scope of services that can be provided by a home
health aide or personal care assistantnew text end .
(e) "Shared deleted text begin private dutydeleted text end new text begin home carenew text end nursing" means the provision of new text begin home care
new text end nursing services by a deleted text begin private dutydeleted text end new text begin home carenew text end nurse to two recipients at the same time
and in the same setting.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014.
new text end
Sec. 3.
Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision
to read:
new text begin Subd. 35. new text end
new text begin Statewide procurement. new text end
new text begin
(a) For calendar year 2015, the commissioner
may extend a demonstration provider's contract under this section for a sixth year after
the most recent procurement. For calendar year 2015, section 16B.98, subdivision
5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to
contracts under this section.
new text end
new text begin
(b) For calendar year 2016 contracts under this section, the commissioner shall
procure through a statewide procurement, which includes all 87 counties, demonstration
providers, and participating entities as defined in section 256L.01, subdivision 7. The
commissioner shall publish a request for proposals by January 5, 2015. As part of the
procurement process, the commissioner shall:
new text end
new text begin
(1) seek each individual county's input;
new text end
new text begin
(2) organize counties into regional groups, and consider single counties for the
largest and most diverse counties; and
new text end
new text begin
(3) seek regional and county input regarding the respondent's ability to fully and
adequately deliver required health care services, offer an adequate provider network,
provide care coordination with county services, and serve special populations, including
enrollees with language and cultural needs.
new text end
Sec. 4. new text begin DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS
CHRONIC CONDITIONS.
new text end
new text begin
The commissioner of human services shall incorporate strategies and activities in the
Department of Human Service's planning efforts and design of the state Medicaid plan
option under section 2703 of the Patient Protection and Affordable Care Act that address
chronic medical or behavioral health conditions complicated by socioeconomic factors
such as race, ethnicity, age, immigration, or language.
new text end
Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the term "private duty nursing" or similar terms
to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
Rules. The revisor shall also make grammatical changes related to the changes in terms.
new text end
ARTICLE 10
MISCELLANEOUS
Section 1.
new text begin
[145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION
EXPIRATION.
new text end
new text begin
Notwithstanding any practice to the contrary, in an emergency situation or in the
case of lost glasses, an optometrist or physician may authorize a new pair of prescription
eyeglasses using the prescription from the old lenses or the last prescription available.
new text end
Sec. 2.
Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, is
amended to read:
Subd. 21.
Provider enrollment.
(a) If the commissioner or the Centers for
Medicare and Medicaid Services determines that a provider is designated "high-risk," the
commissioner may withhold payment from providers within that category upon initial
enrollment for a 90-day period. The withholding for each provider must begin on the date
of the first submission of a claim.
(b) An enrolled provider that is also licensed by the commissioner under chapter
245A must designate an individual as the entity's compliance officer. The compliance
officer must:
(1) develop policies and procedures to assure adherence to medical assistance laws
and regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of
the provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws
and regulations;
(5) promptly report to the commissioner any identified violations of medical
assistance laws or regulations; and
(6) within 60 days of discovery by the provider of a medical assistance
reimbursement overpayment, report the overpayment to the commissioner and make
arrangements with the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the enrollment of an ordering or rendering
provider for a period of not more than one year, if the provider fails to maintain and, upon
request from the commissioner, provide access to documentation relating to written orders
or requests for payment for durable medical equipment, certifications for home health
services, or referrals for other items or services written or ordered by such provider, when
the commissioner has identified a pattern of a lack of documentation. A pattern means a
failure to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
provider under the provisions of section 256B.064.
(d) The commissioner shall terminate or deny the enrollment of any individual or
entity if the individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other state.
(e) As a condition of enrollment in medical assistance, the commissioner shall
require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.
(f) As a condition of enrollment in medical assistance, the commissioner shall
require that a high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is
designated high-risk for fraud, waste, or abuse.
(g)(1) Upon initial enrollment, reenrollment, and new text begin notification of new text end revalidation, all
durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) new text begin medical
new text end suppliers new text begin meeting the durable medical equipment provider and supplier definition in clause
(3),new text end operating in Minnesota and receiving Medicaid funds must purchase a surety bond
that is annually renewed and designates the Minnesota Department of Human Services as
the obligee, and must be submitted in a form approved by the commissioner.new text begin For purposes
of this clause, the following medical suppliers are not required to obtain a surety bond:
a federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.
new text end
(2) At the time of initial enrollment or reenrollment, deleted text begin the provider agencydeleted text end new text begin durable
medical equipment providers and suppliers defined in clause (3)new text end must purchase a
deleted text begin performancedeleted text end new text begin suretynew text end bond of $50,000. If a revalidating provider's Medicaid revenue in
the previous calendar year is up to and including $300,000, the provider agency must
purchase a deleted text begin performancedeleted text end new text begin suretynew text end bond of $50,000. If a revalidating provider's Medicaid
revenue in the previous calendar year is over $300,000, the provider agency must purchase
a deleted text begin performancedeleted text end new text begin suretynew text end bond of $100,000. The deleted text begin performancedeleted text end new text begin suretynew text end bond must allow for
recovery of costs and fees in pursuing a claim on the bond.
new text begin
(3) "Durable medical equipment provider or supplier" means a medical supplier that
can purchase medical equipment or supplies for sale or rental to the general public and
is able to perform or arrange for necessary repairs to and maintenance of equipment
offered for sale or rental.
new text end
(h) The Department of Human Services may require a provider to purchase a
deleted text begin performancedeleted text end surety bond as a condition of initial enrollment, reenrollment, reinstatement,
or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
department determines there is significant evidence of or potential for fraud and abuse by
the provider, or (3) the provider or category of providers is designated high-risk pursuant
to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
deleted text begin performancedeleted text end new text begin suretynew text end bond must be in an amount of $100,000 or ten percent of the provider's
payments from Medicaid during the immediately preceding 12 months, whichever is
greater. The deleted text begin performancedeleted text end new text begin suretynew text end bond must name the Department of Human Services as
an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
new text begin This paragraph does not apply if the provider currently maintains a surety bond under the
requirements in section 256B.0659 or 256B.85.
new text end
Sec. 3.
Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
is amended to read:
Subd. 21.
Requirements for provider enrollment of personal care assistance
provider agencies.
(a) All personal care assistance provider agencies must provide, at the
time of enrollment, reenrollment, and revalidation as a personal care assistance provider
agency in a format determined by the commissioner, information and documentation that
includes, but is not limited to, the following:
(1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider's
Medicaid revenue in the previous calendar year is up to and including $300,000, the
provider agency must purchase a deleted text begin performancedeleted text end new text begin suretynew text end bond of $50,000. If the Medicaid
revenue in the previous year is over $300,000, the provider agency must purchase a
deleted text begin performancedeleted text end new text begin suretynew text end bond of $100,000. The deleted text begin performancedeleted text end new text begin suretynew text end bond must be in a form
approved by the commissioner, must be renewed annually, and must allow for recovery of
costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directors, owners, or staff to other service providers;
(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;
(8) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
(i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;
(ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and
(iii) the personal care assistance provider agency's template for the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;
(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;
(11) documentation of the agency's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services;
(13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services
for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
personal care assistance choice option and 72.5 percent of revenue from other personal
care assistance providers. The revenue generated by the qualified professional and the
reasonable costs associated with the qualified professional shall not be used in making
this calculation; and
(14) effective May 15, 2010, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by requiring personal
care assistants to sign an agreement not to work with any particular personal care
assistance recipient or for another personal care assistance provider agency after leaving
the agency and that the agency is not taking action on any such agreements or requirements
regardless of the date signed.
(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.
(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training
as determined by the commissioner before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are active in
the day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to repeat
the required training if they are hired by another agency, if they have completed the
training within the past three years. By September 1, 2010, the required training must
be available with meaningful access according to title VI of the Civil Rights Act and
federal regulations adopted under that law or any guidance from the United States Health
and Human Services Department. The required training must be available online or by
electronic remote connection. The required training must provide for competency testing.
Personal care assistance provider agency billing staff shall complete training about
personal care assistance program financial management. This training is effective July 1,
2009. Any personal care assistance provider agency enrolled before that date shall, if it
has not already, complete the provider training within 18 months of July 1, 2009. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. Personal care assistance provider agencies certified for participation in Medicare
as home health agencies are exempt from the training required in this subdivision. When
available, Medicare-certified home health agency owners, supervisors, or managers must
successfully complete the competency test.
Sec. 4.
Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
Subdivision 1.
Managed care pilot.
The commissioner may initiate a capitated
risk-based managed care option for services in an intermediate care facility for persons
with developmental disabilities according to the terms and conditions of the federal
agreement governing the managed care pilot. The commissioner may grant a variance
to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts
9525.1200 to 9525.1330 deleted text begin and 9525.1580deleted text end .
Sec. 5.
Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
Subd. 16.
Project extension.
Minnesota Rules, parts 9500.1450; 9500.1451;
9500.1452; 9500.1453; 9500.1454; 9500.1455; deleted text begin 9500.1456;deleted text end 9500.1457; 9500.1458;
9500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464new text begin ,new text end are extended.
Sec. 6.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is
amended to read:
Subd. 12.
Requirements for enrollment of CFSS provider agencies.
(a) All CFSS
provider agencies must provide, at the time of enrollment, reenrollment, and revalidation
as a CFSS provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
(1) the CFSS provider agency's current contact information including address,
telephone number, and e-mail address;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's
Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
provider agency must purchase a deleted text begin performancedeleted text end new text begin suretynew text end bond of $50,000. If the provider
agency's Medicaid revenue in the previous calendar year is greater than $300,000, the
provider agency must purchase a deleted text begin performancedeleted text end new text begin suretynew text end bond of $100,000. The deleted text begin performance
deleted text end new text begin suretynew text end bond must be in a form approved by the commissioner, must be renewed annually,
and must allow for recovery of costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description of the CFSS provider agency's organization identifying the names
of all owners, managing employees, staff, board of directors, and the affiliations of the
directors, owners, or staff to other service providers;
(7) a copy of the CFSS provider agency's written policies and procedures including:
hiring of employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer grievances,
identification and prevention of communicable diseases, and employee misconduct;
(8) copies of all other forms the CFSS provider agency uses in the course of daily
business including, but not limited to:
(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
the standard time sheet for CFSS services approved by the commissioner, and a letter
requesting approval of the CFSS provider agency's nonstandard time sheet; and
(ii) the CFSS provider agency's template for the CFSS care plan;
(9) a list of all training and classes that the CFSS provider agency requires of its
staff providing CFSS services;
(10) documentation that the CFSS provider agency and staff have successfully
completed all the training required by this section;
(11) documentation of the agency's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties
that are used or could be used for providing home care services;
(13) documentation that the agency will use at least the following percentages of
revenue generated from the medical assistance rate paid for CFSS services for employee
personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers.
The revenue generated by the support specialist and the reasonable costs associated with
the support specialist shall not be used in making this calculation; and
(14) documentation that the agency does not burden recipients' free exercise of their
right to choose service providers by requiring personal care assistants to sign an agreement
not to work with any particular CFSS recipient or for another CFSS provider agency after
leaving the agency and that the agency is not taking action on any such agreements or
requirements regardless of the date signed.
(b) CFSS provider agencies shall provide to the commissioner the information
specified in paragraph (a).
(c) All CFSS provider agencies shall require all employees in management and
supervisory positions and owners of the agency who are active in the day-to-day
management and operations of the agency to complete mandatory training as determined
by the commissioner. Employees in management and supervisory positions and owners
who are active in the day-to-day operations of an agency who have completed the required
training as an employee with a CFSS provider agency do not need to repeat the required
training if they are hired by another agency, if they have completed the training within
the past three years. CFSS provider agency billing staff shall complete training about
CFSS program financial management. Any new owners or employees in management
and supervisory positions involved in the day-to-day operations are required to complete
mandatory training as a requisite of working for the agency. CFSS provider agencies
certified for participation in Medicare as home health agencies are exempt from the
training required in this subdivision.
Sec. 7.
Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
Subd. 2.
Selection of members, terms, vacancies.
Except in counties which
contain a city of the first class and counties having a poor and hospital commission, the
local social services agency shall consist of seven members, including the board of county
commissioners, to be selected as herein provided; two members, one of whom shall be
a woman, shall be appointed by the deleted text begin commissioner of human servicesdeleted text end new text begin board of county
commissionersnew text end , one each year for a full term of two years, from a list of residentsdeleted text begin , submitted
by the board of county commissionersdeleted text end . As each term expires or a vacancy occurs by reason
of death or resignationnew text begin ,new text end a successor shall be appointed by the deleted text begin commissioner of human
servicesdeleted text end new text begin board of county commissionersnew text end for the full term of two years or the balance of any
unexpired term from a list of one or more, not to exceed three residents deleted text begin submitted by the
board of county commissionersdeleted text end . The board of county commissioners may, by resolution
adopted by a majority of the board, determine that only three of their members shall be
members of the local social services agency, in which event the local social services agency
shall consist of five members instead of seven. When a vacancy occurs on the local social
services agency by reason of the death, resignation, or expiration of the term of office of a
member of the board of county commissioners, the unexpired term of such member shall
be filled by appointment by the county commissioners. Except to fill a vacancy the term
of office of each member of the local social services agency shall commence on the first
Thursday after the first Monday in July, and continue until the expiration of the term
for which such member was appointed or until a successor is appointed and qualifies.
deleted text begin If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
or more nominees to the commissioner of human services for appointment to the local
social services agency by the commissioner of human services, as herein provided, or to
appoint the three members to the local social services agency, as herein provided, by the
time when the terms of such members commence, or, in the event of vacancies, for a
period of 30 days thereafter, the commissioner of human services is hereby empowered
to and shall forthwith appoint residents of the county to the local social services agency.
The commissioner of human services, on refusing to appoint a nominee from the list of
nominees submitted by the board of county commissioners, shall notify the county board
of such refusal. The county board shall thereupon nominate additional nominees. Before
the commissioner of human services shall fill any vacancy hereunder resulting from the
failure or refusal of the board of county commissioners of any county to act, as required
herein, the commissioner of human services shall mail 15 days' written notice to the board
of county commissioners of its intention to fill such vacancy or vacancies unless the board
of county commissioners shall act before the expiration of the 15-day period.
deleted text end
Sec. 8.
Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
Subd. 7.
Joint exercise of powers.
Notwithstanding the provisions of subdivision 1
two or more counties may by resolution of their respective boards of county commissioners,
agree to combine the functions of their separate local social services agency into one local
social services agency to serve the two or more counties that enter into the agreement.
Such agreement may be for a definite term or until terminated in accordance with its terms.
When two or more counties have agreed to combine the functions of their separate local
social services agency, a single local social services agency in lieu of existing individual
local social services agency shall be established to direct the activities of the combined
agency. This agency shall have the same powers, duties and functions as an individual local
social services agency. The single local social services agency shall have representation
from each of the participating counties with selection of the members to be as follows:
(a) Each board of county commissioners entering into the agreement shall on an
annual basis select one or two of its members to serve on the single local social services
agency.
(b) Each board of county commissioners entering into the agreement shall deleted text begin in
accordance with procedures established by the commissioner of human services, submit a
list of names of three county residents, who shall not be county commissioners, to the
commissioner of human services. The commissioner shalldeleted text end select one deleted text begin person from each
county listdeleted text end new text begin county resident who is not a county commissionernew text end to serve as a local social
services agency member.
(c) The composition of the agency may be determined by the boards of county
commissioners entering into the agreement providing that no less than one-third of the
members are appointed as provided in deleted text begin clausedeleted text end new text begin paragraphnew text end (b).
Sec. 9.
Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to
read:
Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT
PROCESS.
(a) The commissioner of human services shall issue a request for information for an
integrated service delivery system for health care programs, food support, cash assistance,
and child care. The commissioner shall determine, in consultation with partners in
paragraph (c), if the products meet departments' and counties' functions. The request for
information may incorporate a performance-based vendor financing option in which the
vendor shares the risk of the project's success. The health care system must be developed
in phases with the capacity to integrate food support, cash assistance, and child care
programs as funds are available. The request for information must require that the system:
(1) streamline eligibility determinations and case processing to support statewide
eligibility processing;
(2) enable interested persons to determine eligibility for each program, and to apply
for programs online in a manner that the applicant will be asked only those questions
relevant to the programs for which the person is applying;
(3) leverage technology that has been operational in other state environments with
similar requirements; and
(4) include Web-based application, worker application processing support, and the
opportunity for expansion.
(b) The commissioner shall issue a final report, including the implementation plan,
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services no later than January 31, 2012.
(c) The commissioner shall partner with counties, a service delivery authority
established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology,
other state agencies, and service partners to develop an integrated service delivery
framework, which will simplify and streamline human services eligibility and enrollment
processes. The primary objectives for the simplification effort include significantly
improved eligibility processing productivity resulting in reduced time for eligibility
determination and enrollment, increased customer service for applicants and recipients of
services, increased program integrity, and greater administrative flexibility.
(d) deleted text begin The commissioner, along with a county representative appointed by the
Association of Minnesota Counties, shall report specific implementation progress to the
legislature annually beginning May 15, 2012.
deleted text end
deleted text begin (e)deleted text end The commissioner shall work with the Minnesota Association of County Social
Service Administrators and the Office of Enterprise Technology to develop collaborative
task forces, as necessary, to support implementation of the service delivery components
under this paragraph. The commissioner must evaluate, develop, and include as part
of the integrated eligibility and enrollment service delivery framework, the following
minimum components:
(1) screening tools for applicants to determine potential eligibility as part of an
online application process;
(2) the capacity to use databases to electronically verify application and renewal
data as required by law;
(3) online accounts accessible by applicants and enrollees;
(4) an interactive voice response system, available statewide, that provides case
information for applicants, enrollees, and authorized third parties;
(5) an electronic document management system that provides electronic transfer of
all documents required for eligibility and enrollment processes; and
(6) a centralized customer contact center that applicants, enrollees, and authorized
third parties can use statewide to receive program information, application assistance,
and case information, report changes, make cost-sharing payments, and conduct other
eligibility and enrollment transactions.
deleted text begin (f)deleted text end new text begin (e)new text end Subject to a legislative appropriation, the commissioner of human services
shall issue a request for proposal for the appropriate phase of an integrated service delivery
system for health care programs, food support, cash assistance, and child care.
Sec. 10. new text begin INSTRUCTIONS TO THE COMMISSIONER.
new text end
new text begin
The commissioner of human services must consult with community stakeholders
regarding the impact of the decision of the United States Court of Appeals in Geston v.
Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program.
The commissioner must provide a written report to the chairs and ranking minority
members of the house of representatives and senate standing committees with jurisdiction
over medical assistance policy and finance no later than January 5, 2015. The report must
include proposed legislation to ensure Minnesota's medical assistance program complies
with the requirements of the Geston decision.
new text end
Sec. 11. new text begin RULEMAKING; REDUNDANT PROVISION REGARDING
TRANSITION LENSES.
new text end
new text begin
The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
payment under the medical assistance program. The commissioner may use the good
cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
rules under this section. Minnesota Statutes, section 14.386, does not apply except as
provided in Minnesota Statutes, section 14.388.
new text end
Sec. 12. new text begin FEDERAL APPROVAL.
new text end
new text begin
By October 1, 2015, the commissioner of human services shall seek federal authority
to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
To be eligible, an individual must have family income at or below 200 percent of the
federal poverty guidelines, except that for an individual under age 21, only the income of
the individual must be considered in determining eligibility. Services under this program
must be available on a presumptive eligibility basis.
new text end
Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall remove cross-references to the sections and parts
repealed in section 14, paragraphs (a) and (b), wherever they appear in Minnesota Rules
and shall make changes necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
new text end
Sec. 14. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2012, section 256.01, subdivision 32,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3;
9500.1456; and 9525.1580,
new text end
new text begin
are repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
9505.5325,
new text end
new text begin
are repealed contingent upon federal approval of the state Medicaid plan
amendment under section 12. The commissioner of human services shall notify the
revisor of statutes when this occurs.
new text end
ARTICLE 11
CHILDREN AND FAMILY SERVICES POLICY
Section 1.
Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
Subd. 2.
General.
(a) Data on individuals collected, maintained, used, or
disseminated by the welfare system are private data on individuals, and shall not be
disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to
the administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; assess
parental contribution amounts; and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;
(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;
(11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;
(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1 (c);
(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal
law; or
(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official
duty;
(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;
(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;
(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;
(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section 145A.02, subdivision 2, when the commissioner or local board of health
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;
(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; or
(30) child support data on the deleted text begin parents and thedeleted text end childnew text begin , the parents, and relatives of the
child new text end may be disclosed to agencies administering programs under titles IV-B and IV-E of
the Social Security Act, as deleted text begin provideddeleted text end new text begin authorizednew text end by federal law. deleted text begin Data may be disclosed
only to the extent necessary for the purpose of establishing parentage or for determining
who has or may have parental rights with respect to a child, which could be related
to permanency planning.
deleted text end
(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.
Sec. 2.
Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
Subd. 2.
Contractual agreements with tribes.
The commissioner may enter into
contractual agreements with a federally recognized Indian tribe with a reservation in
Minnesota to carry out the responsibilities of county human service agencies to the
extent necessary for the tribe to operate child care assistance programs under sections
119B.03 and 119B.05. An agreement may allow deleted text begin for the tribe to be reimburseddeleted text end new text begin the state
to make payments new text end for child care assistance services provided under section 119B.05.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid
the duplication of county and tribal child care services. Funding to support services
under section 119B.03 may be transferred to the federally recognized Indian tribe with a
reservation in Minnesota from allocations available to counties in which reservation
boundaries lie. When funding is transferred under section 119B.03, the amount shall be
commensurate to estimates of the proportion of reservation residents with characteristics
identified in section 119B.03, subdivision 6, to the total population of county residents
with those same characteristics.
Sec. 3.
Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read:
Subd. 6.
Maximum child care assistance.
The maximum amount of child care
assistance a local agency may deleted text begin authorizedeleted text end new text begin pay fornew text end in a two-week period is 120 hours per child.
Sec. 4.
Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
Subd. 13.
Child care in the child's home.
new text begin (a) new text end Child care assistance must only be
authorized in the child's home ifnew text begin :
new text end
new text begin (1)new text end the child's parents have authorized activities outside of the home deleted text begin and ifdeleted text end new text begin ; or
new text end
new text begin
(2)
new text end
new text begin
one parent in a two-parent family is in an authorized activity outside of the home
and one parent is unable to care for the child and meets the requirements in Minnesota
Rules, part 3400.0040, subpart 5.
new text end
new text begin (b)new text end new text begin In order for child care assistance to be authorized under paragraph (a), clause (1)
or (2), new text end one or more of the following circumstances deleted text begin aredeleted text end new text begin must benew text end met:
(1) the deleted text begin parents' qualifyingdeleted text end new text begin authorizednew text end activity occurs during times when out-of-home
care is not availablenew text begin or when out-of-home care would result in disruption of the child's
nighttime sleep schedulenew text end . If child care is needed during any period when out-of-home care
is not available, in-home care can be approved for the entire time care is needed;
(2) the family lives in an area where out-of-home care is not available; or
(3) a child has a verified illness or disability that would place the child or other
children in an out-of-home facility at risk or creates a hardship for the child and the family
to take the child out of the home to a child care home or center.
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 2012, section 256D.05, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Personal statement. new text end
new text begin
If a county agency determines that an applicant is
ineligible due to not meeting eligibility requirements of this chapter, a county agency may
accept a signed personal statement from the applicant in lieu of documentation verifying
ineligibility.
new text end
Sec. 6.
Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
Subdivision 1.
Verification.
new text begin (a) new text end The county agency shall request, and applicants
and recipients shall provide and verify, all information necessary to determine initial and
continuing eligibility and assistance payment amounts. If necessary, the county agency
shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient
refuses or fails without good cause to provide the information or verification, the county
agency shall deny or terminate assistance.
new text begin
(b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements of this chapter, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.
new text end
Sec. 7.
Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Merger. new text end
new text begin
In the case of a merger between community action agencies, the
newly created agency receives a base funding amount equal to the sum of the merged
agencies' base funding amounts at the point of the merger as described in subdivision 2,
paragraph (b), unless the commissioner determines the funding amount should be less
than the sum of the merged agencies' base funding amount due to savings resulting from
fewer redundancies and duplicative services.
new text end
Sec. 8.
Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
Subd. 1a.
County approval.
new text begin (a) new text end A county agency may not approve a group
residential housing payment for an individual in any setting with a rate in excess of the
MSA equivalent rate for more than 30 days in a calendar year unless the county agency
has developed or approved a plan for the individual which specifies that:
(1) the individual has an illness or incapacity which prevents the person from living
independently in the community; and
(2) the individual's illness or incapacity requires the services which are available in
the group residence.
The plan must be signed or countersigned by any of the following employees of the
county of financial responsibility: the director of human services or a designee of the
director; a social worker; or a case aide.
new text begin
(b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements under this section, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.
new text end
Sec. 9.
Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
Subd. 3.
Submitting application form.
(a) A county agency must offer, in person
or by mail, the application forms prescribed by the commissioner as soon as a person
makes a written or oral inquiry. At that time, the county agency must:
(1) inform the person that assistance begins with the date the signed application is
received by the county agency or the date all eligibility criteria are met, whichever is later;
(2) inform the person that any delay in submitting the application will reduce the
amount of assistance paid for the month of application;
(3) inform a person that the person may submit the application before an interview;
(4) explain the information that will be verified during the application process by the
county agency as provided in section 256J.32;
(5) inform a person about the county agency's average application processing time
and explain how the application will be processed under subdivision 5;
(6) explain how to contact the county agency if a person's application information
changes and how to withdraw the application;
(7) inform a person that the next step in the application process is an interview
and what a person must do if the application is approved including, but not limited to,
attending orientation under section 256J.45 and complying with employment and training
services requirements in sections 256J.515 to 256J.57;
new text begin
(8) inform the person that the interview must be conducted face-to-face in the county
office, through Internet telepresence, or at a location mutually agreed upon;
new text end
new text begin
(9) inform a person who has received MFIP or DWP in the past 12 months of the
option to have a face-to-face, Internet telepresence, or telephone interview;
new text end
deleted text begin (8)deleted text end new text begin (10)new text end explain the child care and transportation services that are available under
paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
deleted text begin (9)deleted text end new text begin (11)new text end identify any language barriers and arrange for translation assistance during
appointments, including, but not limited to, screening under subdivision 3a, orientation
under section 256J.45, and assessment under section 256J.521.
(b) Upon receipt of a signed application, the county agency must stamp the date of
receipt on the face of the application. The county agency must process the application
within the time period required under subdivision 5. An applicant may withdraw the
application at any time by giving written or oral notice to the county agency. The county
agency must issue a written notice confirming the withdrawal. The notice must inform
the applicant of the county agency's understanding that the applicant has withdrawn the
application and no longer wants to pursue it. When, within ten days of the date of the
agency's notice, an applicant informs a county agency, in writing, that the applicant does
not wish to withdraw the application, the county agency must reinstate the application and
finish processing the application.
(c) Upon a participant's request, the county agency must arrange for transportation
and child care or reimburse the participant for transportation and child care expenses
necessary to enable participants to attend the screening under subdivision 3a and
orientation under section 256J.45.
Sec. 10.
Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
Subd. 3.
Other property limitations.
To be eligible for MFIP, the equity value of
all nonexcluded real and personal property of the assistance unit must not exceed $2,000
for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
(19) must be excluded when determining the equity value of real and personal property:
(1) a licensed vehicle up to a deleted text begin loandeleted text end new text begin trade-innew text end value of less than or equal to $10,000.
If the assistance unit owns more than one licensed vehicle, the county agency shall
determine the deleted text begin loandeleted text end new text begin trade-innew text end value of all additional vehicles and exclude the combined
deleted text begin loandeleted text end new text begin trade-innew text end value of less than or equal to $7,500. The county agency shall apply any
excess deleted text begin loandeleted text end new text begin trade-innew text end value as if it were equity value to the asset limit described in this
section, excluding: (i) the value of one vehicle per physically disabled person when the
vehicle is needed to transport the disabled unit member; this exclusion does not apply to
mentally disabled people; (ii) the value of special equipment for a disabled member of
the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily
commuting, for the employment of a unit member.
To establish the deleted text begin loandeleted text end new text begin trade-innew text end value of vehicles, a county agency must use the
N.A.D.A. deleted text begin Official Used Car Guide, Midwest Edition, for newer model carsdeleted text end new text begin online car
values and car prices guidenew text end . When a vehicle is not listed deleted text begin in the guidebookdeleted text end , or when the
applicant or participant disputes the deleted text begin loandeleted text end new text begin trade-innew text end value listed in the deleted text begin guidebookdeleted text end new text begin online
guidenew text end as unreasonable given the condition of the particular vehicle, the county agency
may require the applicant or participant document the deleted text begin loandeleted text end new text begin trade-innew text end value by securing a
written statement from a motor vehicle dealer licensed under section 168.27, stating
the amount that the dealer would pay to purchase the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that documents a
lower deleted text begin loandeleted text end new text begin trade-innew text end value;
(2) the value of life insurance policies for members of the assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking and
savings accounts used at least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
is to produce income and if the vehicles are essential for the self-employment business;
(5) the value of personal property not otherwise specified which is commonly
used by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily living;
(6) the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;
(7) the value of corrective payments, but only for the month in which the payment
is received and for the following month;
(8) a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;
(9) money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;
(10) money held in escrow to cover employee FICA, employee tax withholding,
sales tax withholding, employee worker compensation, business insurance, property rental,
property taxes, and other costs that are paid at least annually, but less often than monthly;
(11) monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;
(12) the value of school loans, grants, or scholarships for the period they are
intended to cover;
(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in
escrow for a period not to exceed three months to replace or repair personal or real property;
(14) income received in a budget month through the end of the payment month;
(15) savings from earned income of a minor child or a minor parent that are set aside
in a separate account designated specifically for future education or employment costs;
(16) the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter 290A,
property tax rebates and other federal or state tax rebates in the month received and the
following month;
(17) payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;
(18) the assets of children ineligible to receive MFIP benefits because foster care or
adoption assistance payments are made on their behalf; and
(19) the assets of persons whose income is excluded under section 256J.21,
subdivision 2, clause (43).
Sec. 11.
Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is
amended to read:
Subd. 2.
Income exclusions.
The following must be excluded in determining a
family's available income:
(1) payments for basic care, difficulty of care, and clothing allowances received for
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, new text begin payments for family foster care
for children under section 260C.4411 or chapter 256N, new text end and payments received and used
for care and maintenance of a third-party beneficiary who is not a household member;
(2) reimbursements for employment training received through the Workforce
Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
(3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related to
employment;
(4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary educational expenses, shall
count scholarships or grants awarded to graduate students that do not require teaching
or research as unearned income;
(5) loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;
(6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter 290A; and
(iv) federal or state tax rebates;
(9) funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court, solicited
through public appeal, or made as a grant by a federal agency, state or local government,
or disaster assistance organizations, subsequent to a presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to pay medical, funeral, and
burial expenses, or to repair or replace insured property;
(11) reimbursements for medical expenses that cannot be paid by medical assistance;
(12) payments by a vocational rehabilitation program administered by the state
under chapter 268A, except those payments that are for current living expenses;
(13) in-kind income, including any payments directly made by a third party to a
provider of goods and services;
(14) assistance payments to correct underpayments, but only for the month in which
the payment is received;
(15) payments for short-term emergency needs under section 256J.626, subdivision 2;
(16) funeral and cemetery payments as provided by section 256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
a calendar month;
(18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;
(19) Supplemental Security Income (SSI), including retroactive SSI payments and
other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
(20) Minnesota supplemental aid, including retroactive payments;
(21) proceeds from the sale of real or personal property;
(22) deleted text begin statedeleted text end adoption new text begin or kinship new text end assistance payments under chapternew text begin 256N ornew text end 259A, and
deleted text begin up to an equal amount of county adoption assistance paymentsdeleted text end new text begin Minnesota permanency
demonstration title IV-E waiver payments under section 256.01, subdivision 14anew text end ;
(23) state-funded family subsidy program payments made under section 252.32 to
help families care for children with developmental disabilities, consumer support grant
funds under section 256.476, and resources and services for a disabled household member
under one of the home and community-based waiver services programs under chapter 256B;
(24) interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child through age 6, or a minor
child who is at least a half-time student in an approved elementary or secondary education
program;
(27) income earned by a caregiver under age 20 who is at least a half-time student in
an approved elementary or secondary education program;
(28) MFIP child care payments under section 119B.05;
(29) all other payments made through MFIP to support a caregiver's pursuit of
greater economic stability;
(30) income a participant receives related to shared living expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
42, chapter 13A, sections 1771 to 1790;
(33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;
(34) benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
Code, title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and Aleuts under United
States Code, title 50, sections 1989 to 1989d;
(38) payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239, section
10405, paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
(42) all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living with parents or
stepparents on MFIP with other children;
(43) income of the minor parent's parents and stepparents equal to 200 percent of the
federal poverty guideline for a family size not including the minor parent and the minor
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income is
deemed as specified in section 256J.37, subdivision 1b;
(44) payments made to children eligible for relative custody assistance under section
257.85;
(45) vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash;
(46) the principal portion of a contract for deed payment;
(47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC; and
(48) housing assistance grants under section 256J.35, paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 12.
Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is
amended to read:
Subd. 3.
Individuals who must be excluded from an assistance unit.
(a) The
following individuals who are part of the assistance unit determined under subdivision 2
are ineligible to receive MFIP:
(1) individuals who are recipients of Supplemental Security Income or Minnesota
supplemental aid;
(2) individuals disqualified from the food stamp or food support program or MFIP,
until the disqualification ends;
(3) children on whose behalf federal, state or local foster care payments are made,
except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
new text begin
(4) children receiving ongoing guardianship assistance payments under chapter 256N;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end children receiving ongoing monthly adoption assistance payments under
chapternew text begin 256N ornew text end 259A; and
deleted text begin (5)deleted text end new text begin (6)new text end individuals disqualified from the work participation cash benefit program
until that disqualification ends.
(b) The exclusion of a person under this subdivision does not alter the mandatory
assistance unit composition.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 13.
Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
Subd. 4.
Participant's completion of recertification of eligibility form.
A
participant must complete forms prescribed by the commissioner which are required
for recertification of eligibility according to section 256J.32, subdivision 6.new text begin A county
agency must end benefits when the participant fails to submit the recertification form and
verifications and complete the interview process before the end of the certification period.
If the participant submits the recertification form by the last day of the certification period,
benefits may be reinstated back to the date of closing when the recertification process is
completed during the first month after benefits ended.
new text end
Sec. 14.
Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read:
Subd. 12.
Requirement to provide Social Security numbers.
Each member
of the assistance unit must provide the member's Social Security number to the county
agency, except for members in the assistance unit who are qualified noncitizens who are
victims of domestic violence as defined under section 256J.08, subdivision 73, deleted text begin clause (7)
deleted text end new text begin clauses (8) and (9)new text end . When a Social Security number is not provided to the county agency
for verification, this requirement is satisfied when each member of the assistance unit
cooperates with the procedures for verification of numbers, issuance of duplicate cards,
and issuance of new numbers which have been established jointly between the Social
Security Administration and the commissioner.
Sec. 15.
Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
Subd. 6.
Recertification.
(a) The county agency shall recertify eligibility in an
annual deleted text begin face-to-facedeleted text end interview with the participant. deleted text begin The county agency may waive the
face-to-face interview and conduct a phone interview for participants who qualify under
paragraph (b).deleted text end new text begin The interview may be conducted by phone, Internet telepresence, or
face-to-face in the county office or in another location mutually agreed upon.new text end During the
interview, the county agency shall verify the following:
(1) presence of the minor child in the home, if questionable;
(2) income, unless excluded, including self-employment expenses used as a
deduction or deposits or withdrawals from business accounts;
(3) assets when the value is within $200 of the asset limit;
(4) information to establish an exception under section 256J.24, subdivision 9, if
questionable;
(5) inconsistent information, if related to eligibility; and
(6) whether a single caregiver household meets requirements in section 256J.575,
subdivision 3.
(b) A participant deleted text begin who is employed any number of hoursdeleted text end must be given the option
of deleted text begin conducting a face-to-face ordeleted text end new text begin anew text end phone interview new text begin or Internet telepresence new text end to recertify
eligibility. deleted text begin The participant must be employed at the time the interview is scheduled. If
the participant loses the participant's job between the time the interview is scheduled and
when it is to be conducted, the phone interview may still be conducted.
deleted text end
Sec. 16.
Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
Subd. 8.
Personal statement.
new text begin (a) new text end The county agency may accept a signed personal
statement from the applicant or participant explaining the reasons that the documentation
requested in subdivision 2 is unavailable as sufficient documentation at the time of
application, recertification, or change related to eligibility only for the following factors:
(1) a claim of family violence if used as a basis to qualify for the family violence
waiver;
(2) information needed to establish an exception under section 256J.24, subdivision 9;
(3) relationship of a minor child to caregivers in the assistance unit;
(4) citizenship status from a noncitizen who reports to be, or is identified as, a victim
of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's
immigration documents are being held by an individual or group of individuals against the
noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement
(ORR) to pursue certification. If verification that certification is being pursued is not
received within 30 days, the MFIP case must be closed and the agency shall pursue
overpayments. The ORR documents certifying the noncitizen's status as a victim of
severe forms of trafficking in persons, or the reason for the delay in processing, must be
received within 90 days, or the MFIP case must be closed and the agency shall pursue
overpayments; and
(5) other documentation unavailable for reasons beyond the control of the applicant
or participant. Reasonable attempts must have been made to obtain the documents
requested under subdivision 2.
new text begin
(b) After meeting all requirements under section 256J.09, if a county agency
determines that an applicant is ineligible due to exceeding limits under sections 256J.20
and 256J.21, a county agency may accept a signed personal statement from the applicant
in lieu of documentation verifying ineligibility.
new text end
Sec. 17.
Minnesota Statutes 2012, section 256J.38, subdivision 6, is amended to read:
Subd. 6.
Scope of underpayments.
A county agency must issue a corrective
payment for underpayments made to a participant or to a person who would be a
participant if an agency or client error causing the underpayment had not occurred.
new text begin Corrective payments are limited to 12 months prior to the month of discovery. new text end The county
agency must issue the corrective payment according to subdivision 8.
Sec. 18.
Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
Subd. 13.
Work activity.
(a) "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:
(1) unsubsidized employment, including work study and paid apprenticeships or
internships;
(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
work experience, and supported work when a wage subsidy is provided;
(3) deleted text begin unpaiddeleted text end new text begin uncompensatednew text end work experience, including community service, deleted text begin volunteer
work,deleted text end the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
deleted text begin Unpaiddeleted text end new text begin Uncompensatednew text end work experience is only an option if the participant has been
unable to obtain or maintain paid employment in the competitive labor market, and
no paid work experience programs are available to the participant. Prior to placing a
participant in deleted text begin unpaiddeleted text end new text begin uncompensatednew text end work, the county must inform the participant that
the participant will be notified if a paid work experience or supported work position
becomes available. Unless a participant consents in writing to participate in deleted text begin unpaid
deleted text end new text begin uncompensatednew text end work experience, the participant's employment plan may only include
deleted text begin unpaiddeleted text end new text begin uncompensatednew text end work experience if deleted text begin including the unpaid work experience in the
plan will meetdeleted text end the following criterianew text begin are metnew text end :
(i) the deleted text begin unpaiddeleted text end new text begin uncompensatednew text end work experience will provide the participant specific
skills or experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and
(ii) the skills or experience gained through the deleted text begin unpaiddeleted text end new text begin uncompensatednew text end work
experience will result in higher wages for the participant than the participant could earn
without the deleted text begin unpaiddeleted text end new text begin uncompensatednew text end work experience;
(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1;
(6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;
(7) providing child care services to a participant who is working in a community
service program;
(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.
(b) "Work activity" does not include activities done for political purposes as defined
in section 211B.01, subdivision 6.
Sec. 19.
Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read:
Subdivision 1.
Assessments.
(a) For purposes of MFIP employment services,
assessment is a continuing process of gathering information related to employability
for the purpose of identifying both participant's strengths and strategies for coping with
issues that interfere with employment. The job counselor must use information from the
assessment process to develop and update the employment plan under subdivision 2 or
3, as appropriate, to determine whether the participant qualifies for a family violence
waiver including an employment plan under subdivision 3, and to determine whether the
participant should be referred to family stabilization services under section 256J.575.
(b) The scope of assessment must cover at least the following areas:
(1) basic information about the participant's ability to obtain and retain employment,
including: a review of the participant's education level; interests, skills, and abilities; prior
employment or work experience; transferable work skills; child care and transportation
needs;
(2) identification of personal and family circumstances that impact the participant's
ability to obtain and retain employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any involvement with social
services or the legal system;
(3) the results of a mental and chemical health screening tool designed by the
commissioner and results of the brief screening tool for special learning needs. Screening
tools for mental and chemical health and special learning needs must be approved by the
commissioner and may only be administered by job counselors or county staff trained in
using such screening tools. deleted text begin The commissioner shall work with county agencies to develop
deleted text end deleted text begin protocols for referrals and follow-up actions after screens are administered to participants,
deleted text end deleted text begin including guidance on how employment plans may be modified based upon outcomes
deleted text end deleted text begin of certain screens.deleted text end Participants must be told of the purpose of the screens and how the
information will be used to assist the participant in identifying and overcoming barriers to
employment. Screening for mental and chemical health and special learning needs must
be completed by participants deleted text begin who are unable to find suitable employment after six weeks
of job search under subdivision 2, paragraph (b), and participants who are determined
to have barriers to employment under subdivision 2, paragraph (d)deleted text end new text begin three months after
development of the initial employment plan or earlier if there is a documented neednew text end .
Failure to complete the screens will result in sanction under section 256J.46; and
(4) a comprehensive review of participation and progress for participants who have
received MFIP assistance and have not worked in unsubsidized employment during the
past 12 months. The purpose of the review is to determine the need for additional services
and supports, including placement in subsidized employment or unpaid work experience
under section 256J.49, subdivision 13, or referral to family stabilization services under
section 256J.575.
(c) Information gathered during a caregiver's participation in the diversionary work
program under section 256J.95 must be incorporated into the assessment process.
(d) The job counselor may require the participant to complete a professional chemical
use assessment to be performed according to the rules adopted under section 254A.03,
subdivision 3, including provisions in the administrative rules which recognize the cultural
background of the participant, or a professional psychological assessment as a component
of the assessment process, when the job counselor has a reasonable belief, based on
objective evidence, that a participant's ability to obtain and retain suitable employment
is impaired by a medical condition. The job counselor may assist the participant with
arranging services, including child care assistance and transportation, necessary to meet
needs identified by the assessment. Data gathered as part of a professional assessment
must be classified and disclosed according to the provisions in section 13.46.
Sec. 20.
Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read:
Subd. 2.
Employment plan; contents.
(a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an employment plan
that includes participation in activities and hours that meet the requirements of section
256J.55, subdivision 1. The purpose of the employment plan is to identify for each
participant the most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
preference for activities, priority must be given for activities related to a family violence
waiver when developing the employment plan. The employment plan must also list the
specific steps the participant will take to obtain employment, including steps necessary
for the participant to progress from one level of activity to another, and a timetable for
completion of each step. Levels of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid work experience;
(4) unsubsidized employment and job readiness education or job skills training;
(5) unsubsidized employment or unpaid work experience and activities related to
a family violence waiver or preemployment needs; and
(6) activities related to a family violence waiver or preemployment needs.
(b) Participants who are determined to possess sufficient skills such that the
participant is likely to succeed in obtaining unsubsidized employment must job search at
least 30 hours per week for up to deleted text begin six weeksdeleted text end new text begin three monthsnew text end and accept any offer of suitable
employment. The remaining hours necessary to meet the requirements of section 256J.55,
subdivision 1, may be met through participation in other work activities under section
256J.49, subdivision 13. The participant's employment plan must specify, at a minimum:
(1) whether the job search is deleted text begin supervised or unsuperviseddeleted text end new text begin on site or self-directednew text end ; (2)
support services that will be provided; and (3) how frequently the participant must report
to the job counselor. Participants who are unable to find suitable employment after deleted text begin six
weeksdeleted text end new text begin three months new text end must meet with the job counselor to determine whether other activities
in paragraph (a) should be incorporated into the employment plan. Job search activities
which are continued after deleted text begin six weeksdeleted text end new text begin three monthsnew text end must be structured and supervised.
(c) Participants who are determined to have barriers to obtaining or maintaining
suitable employment that will not be overcome during deleted text begin six weeksdeleted text end new text begin three monthsnew text end of job
search under paragraph (b) must work with the job counselor to develop an employment
plan that addresses those barriers by incorporating appropriate activities from paragraph
(a), clauses (1) to (6). The employment plan must include enough hours to meet the
participation requirements in section 256J.55, subdivision 1, unless a compelling reason to
require fewer hours is noted in the participant's file.
(d) The job counselor and the participant must sign the employment plan to indicate
agreement on the contents.
(e) Except as provided under paragraph (f), failure to develop or comply with
activities in the plan, or voluntarily quitting suitable employment without good cause, will
result in the imposition of a sanction under section 256J.46.
(f) When a participant fails to meet the agreed-upon hours of participation in paid
employment because the participant is not eligible for holiday pay and the participant's
place of employment is closed for a holiday, the job counselor shall not impose a sanction
or increase the hours of participation in any other activity, including paid employment, to
offset the hours that were missed due to the holiday.
(g) Employment plans must be reviewed at least every three months to determine
whether activities and hourly requirements should be revised. The job counselor is
encouraged to allow participants who are participating in at least 20 hours of work
activities to also participate in education and training activities in order to meet the federal
hourly participation rates.
Sec. 21.
Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
Subd. 2.
Approval of postsecondary education or training.
(a) In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the plan must include additional work activities if the education and training
activities do not meet the minimum hours required to meet the federal work participation
rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
(b) Participants seeking approval of a postsecondary education or training plan must
deleted text begin provide documentationdeleted text end new text begin work with the job counselor to documentnew text end that:
(1) the employment goal can only be met with the additional education or training;
(2) there are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;
(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;
(4) the participant can meet the requirements for admission into the program; and
(5) there is a reasonable expectation that the participant will complete the training
program based on such factors as the participant's MFIP assessment, previous education,
training, and work history; current motivation; and changes in previous circumstances.
Sec. 22.
Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
Subd. 5.
Requirements after postsecondary education or training.
Upon
completion of an approved education or training program, a participant who does not meet
the participation requirements in section 256J.55, subdivision 1, through unsubsidized
employment must participate in job search. If, after deleted text begin six weeksdeleted text end new text begin three monthsnew text end of job search,
the participant does not find a full-time job consistent with the employment goal, the
participant must accept any offer of full-time suitable employment, or meet with the job
counselor to revise the employment plan to include additional work activities necessary to
meet hourly requirements.
Sec. 23.
Minnesota Statutes 2013 Supplement, section 256J.621, subdivision 1,
is amended to read:
Subdivision 1.
Program characteristics.
(a) deleted text begin Effective October 1, 2009, upon
exiting the diversionary work program (DWP) or upon terminatingdeleted text end new text begin Within 30 days of
exitingnew text end the Minnesota family investment program with earnings, deleted text begin a participant who is
employed may be eligibledeleted text end new text begin the county must assess eligibilitynew text end for work participation cash
benefits of $25 per month to assist in meeting the family's basic needs as the participant
continues to move toward self-sufficiency.new text begin Payment begins effective the first of the month
following exit or termination for MFIP and DWP participants.
new text end
(b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:
(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;
(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or
(3) if the household is a two-parent family, at least one of the parents must be
employed 130 hours per month.
Whenever a participant exits the diversionary work program or is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.
(c) Expenditures on the program are maintenance of effort state funds under
a separate state program for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.
Sec. 24.
Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read:
Subd. 5.
Innovation projects.
Beginning January 1, 2005, no more than $3,000,000
of the funds annually appropriated to the commissioner for use in the consolidated fund
shall be available to the commissioner deleted text begin for projects testingdeleted text end new text begin to reward high-performing
counties and tribes, support promising practices, and test new text end innovative approaches to
improving outcomes for MFIP participants, family stabilization services participants, and
persons at risk of receiving MFIP as detailed in subdivision 3. deleted text begin Projects shalldeleted text end new text begin Project
funds may new text end be targeted to geographic areas with poor outcomes as specified in section
256J.751, subdivision 5, or to subgroups within the MFIP case load who are experiencing
poor outcomes.
Sec. 25.
Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 6,
is amended to read:
Subd. 6.
Base allocation to counties and tribes; definitions.
(a) For purposes of
this section, the following terms have the meanings given.
(1) "2002 historic spending base" means the commissioner's determination of
the sum of the reimbursement related to fiscal year 2002 of county or tribal agency
expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings
related to calendar year 2002 in the base program listed in clause (6), item (v), and the
amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi),
issued to or on behalf of persons residing in the county or tribal service delivery area.
(2) "Adjusted caseload factor" means a factor weighted:
(i) 47 percent on the MFIP cases in each county at four points in time in the most
recent 12-month period for which data is available multiplied by the county's caseload
difficulty factor; and
(ii) 53 percent on the count of adults on MFIP in each county and tribe at four points
in time in the most recent 12-month period for which data is available multiplied by the
county or tribe's caseload difficulty factor.
(3) "Caseload difficulty factor" means a factor determined by the commissioner for
each county and tribe based upon the self-support index described in section 256J.751,
subdivision 2, clause (6).
(4) "Initial allocation" means the amount potentially available to each county or tribe
based on the formula in paragraphs (b) through (d).
(5) "Final allocation" means the amount available to each county or tribe based on
the formula in paragraphs (b) through (d), after adjustment by subdivision 7.
(6) "Base programs" means the:
(i) MFIP employment and training services under Minnesota Statutes 2002, section
256J.62, subdivision 1, in effect June 30, 2002;
(ii) bilingual employment and training services to refugees under Minnesota Statutes
2002, section 256J.62, subdivision 6, in effect June 30, 2002;
(iii) work literacy language programs under Minnesota Statutes 2002, section
256J.62, subdivision 7, in effect June 30, 2002;
(iv) supported work program authorized in Laws 2001, First Special Session chapter
9, article 17, section 2, in effect June 30, 2002;
(v) administrative aid program under section 256J.76 in effect December 31, 2002;
and
(vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48,
in effect June 30, 2002.
(b) The commissioner shall determine for calendar year 2008 and subsequent years
the initial allocation of funds to be made available under this section based 50 percent on
the proportion of the county or tribe's share of the statewide 2002 historic spending base and
50 percent on the proportion of the county or tribe's share of the adjusted caseload factor.
(c) With the commencement of a new or expanded tribal TANF programnew text begin , or for
tribes administering TANF as authorized under Laws 2011, First Special Session chapter
9, article 9, section 18, new text end or an agreement under section 256.01, subdivision 2, paragraph
(g), in which some or all of the responsibilities of particular counties under this section are
transferred to a tribe, the commissioner shall:
(1) in the case where all responsibilities under this section are transferred to a
new text begin tribe or new text end tribal program, determine the percentage of the county's current caseload that is
transferring to a tribal program and adjust the affected county's deleted text begin allocationdeleted text end new text begin and tribe's
allocationsnew text end accordingly; and
(2) in the case where a portion of the responsibilities under this section are
transferred to a new text begin tribe or new text end tribal program, the commissioner shall consult with the affected
county or counties to determine an appropriate adjustment to the allocation.
(d) Effective January 1, 2005, counties and tribes will have their final allocations
adjusted based on the performance provisions of subdivision 7.
Sec. 26.
Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read:
Subd. 8.
Reporting requirement and reimbursement.
(a) The commissioner shall
specify requirements for reporting according to section 256.01, subdivision 2, clause (17).
Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its
allocation and subject to availability of funds.
(b) Reimbursements for county administrative-related expenditures determined
through the income maintenance random moment time study shall be reimbursed at a
rate of 50 percent of eligible expenditures.
(c) The commissioner of human services shall review county and tribal agency
expenditures of the MFIP consolidated fund as appropriate and may reallocate
unencumbered or unexpended money appropriated under this section to those county and
tribal agencies that can demonstrate a need for additional money deleted text begin as follows:deleted text end new text begin .
new text end
deleted text begin
(1) to the extent that particular county or tribal allocations are reduced from the
previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4)
to (6), those tribes or counties would have first priority for reallocated funds; and
deleted text end
deleted text begin (2)deleted text end To the extent that unexpended funds are insufficient to cover demonstrated need,
funds deleted text begin willdeleted text end new text begin mustnew text end be prorated to those counties and tribes in relation to demonstrated need.
Sec. 27.
Minnesota Statutes 2012, section 256J.67, is amended to read:
256J.67 COMMUNITY WORK EXPERIENCE.
Subdivision 1.
Establishing the community work experience program.
To the
extent of available resources, each county agency may establish and operate a new text begin community
new text end work experience component for MFIP caregivers who are participating in employment and
training services. This option for county agencies supersedes the requirement in section
402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance
for two months and who are not exempt from work requirements must participate in a
work experience program. The purpose of the new text begin community new text end work experience component is
to enhance the caregiver's employability and self-sufficiency and to provide meaningful,
productive work activities. The county shall use this program for an individual after
exhausting all other employment opportunities. The county agency shall not require a
caregiver to participate in the community work experience program unless the caregiver
has been given an opportunity to participate in other work activities.
Subd. 2.
Commissioner's duties.
The commissioner shall assist counties in the
design and implementation of these components.
Subd. 3.
Employment options.
(a) Work sites developed under this section are
limited to projects that serve a useful public service such as: health, social service,
environmental protection, education, urban and rural development and redevelopment,
welfare, recreation, public facilities, public safety, community service, services to aged
or disabled citizens, and child care. To the extent possible, the prior training, skills, and
experience of a caregiver must be considered in making appropriate work experience
assignments.
(b) Structured, supervised deleted text begin volunteerdeleted text end new text begin uncompensatednew text end work with an agency or
organization, which is monitored by the county service provider, may, with the approval
of the county agency, be used as a new text begin community new text end work experience placement.
(c) As a condition of placing a caregiver in a program under this section, the county
agency shall first provide the caregiver the opportunity:
(1) for placement in suitable subsidized deleted text begin or unsubsidizeddeleted text end employment through
participation in a job search; or
(2) for placement in suitable employment through participation in on-the-job
training, if such employment is available.
Subd. 4.
Employment plan.
(a) The caretaker's employment plan must include
the length of time needed in the new text begin community new text end work experience program, the need to
continue job-seeking activities while participating in new text begin community new text end work experience, and
the caregiver's employment goals.
(b) After each six months of a caregiver's participation in a new text begin community new text end work
experience job placement, and at the conclusion of each new text begin community new text end work experience
assignment under this section, the county agency shall reassess and revise, as appropriate,
the caregiver's employment plan.
(c) A caregiver may claim good cause under section 256J.57, subdivision 1, for
failure to cooperate with a new text begin community new text end work experience job placement.
(d) The county agency shall limit the maximum number of hours any participant may
work under this section to the amount of the MFIP standard of need divided by the federal
or applicable state minimum wage, whichever is higher. After a participant has been
assigned to a position for nine months, the participant may not continue in that assignment
unless the maximum number of hours a participant works is no greater than the amount of
the MFIP standard of need divided by the rate of pay for individuals employed in the same
or similar occupations by the same employer at the same site. This limit does not apply if
it would prevent a participant from counting toward the federal work participation rate.
Sec. 28.
Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
(a) This section must be used to determine payment
of any claims resulting from an alleged injury or death of a person participating in a
county or a tribal deleted text begin communitydeleted text end new text begin uncompensatednew text end work experience program new text begin under section
256J.49, subdivision 13, paragraph (a), clause (3), new text end that is approved by the commissioner
and is operated by:
(1) the county agency;
(2) the tribe;
(3) a deleted text begin department of thedeleted text end statenew text begin agencynew text end ; or
(4) a community-based organization under contractdeleted text begin , prior to April 1, 1997,deleted text end with
a new text begin tribe or new text end county agency to provide deleted text begin a communitydeleted text end new text begin an uncompensatednew text end work experience
program or a food stamp deleted text begin community work experiencedeleted text end new text begin employment and trainingnew text end programdeleted text begin ,
provided the organization has not experienced any individual injury loss or claim greater
than $1,000deleted text end new text begin under section 256D.051new text end .
deleted text begin
(b) This determination method is available to the community-based organization
under paragraph (a), clause (4), only for claims incurred by participants in the community
work experience program or the food stamp community work experience program.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end This deleted text begin determination methoddeleted text end new text begin sectionnew text end applies to new text begin the community work experience
program under section 256J.67, the Supplemental Nutrition Assistance Program
uncompensated new text end work experience programs deleted text begin authorizeddeleted text end new text begin , and other uncompensated work
programs approvednew text end by the commissioner for persons applying for or receiving cash
assistance deleted text begin and food stamps, and to the Minnesota parent's fair share program, in a
county with an approved community investment program for obligorsdeleted text end .new text begin Uncompensated
work experience programs are considered to be approved by the commissioner if they
are included in an approved tribal or county biennial service agreement under section
256J.626, subdivision 4.
new text end
Sec. 29.
Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read:
Subd. 2.
Investigation of the claim.
Claims that are subject to this section
must be investigated by the county agency or deleted text begin the tribal programdeleted text end new text begin tribenew text end responsible for
deleted text begin supervising thedeleted text end new text begin placing a participant in an uncompensatednew text end work new text begin experience program new text end to
determine whether the claimed injury occurred, whether the claimed medical expenses
are reasonable, and whether the loss is covered by the claimant's insurance. If insurance
coverage is established, the county agency or deleted text begin tribal programdeleted text end new text begin tribenew text end shall submit the claim to
the appropriate insurance entity for payment. The investigating county agency or deleted text begin tribal
programdeleted text end new text begin tribenew text end shall submit all deleted text begin validdeleted text end new text begin remainingnew text end claims, in the amount net of any insurance
payments, to the Department of Human Services.
Sec. 30.
Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read:
Subd. 4.
Claims less than $1,000.
The commissioner shall approve a claim of
$1,000 or less for payment if appropriated funds are available, if the county agency
or deleted text begin tribal programdeleted text end new text begin tribenew text end responsible for deleted text begin supervising thedeleted text end new text begin placing a participant in an
uncompensatednew text end work new text begin experience program new text end has made the determinations required by this
section, and if the work program was operated in compliance with the safety provisions
of this section. The commissioner shall pay the portion of an approved claim of $1,000
or less that is not covered by the claimant's insurance within three months of the date
of submission. On or before February 1 of each year, the commissioner shall submit
to the appropriate committees of the senate and the house of representatives a list of
claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed
by legislative appropriation for any claims that exceed the original appropriation
provided to the commissioner to operate deleted text begin this programdeleted text end new text begin the injury protection program for
uncompensated work experience participantsnew text end . Any unspent money from this appropriation
shall carry over to the second year of the biennium, and any unspent money remaining at
the end of the second year shall be returned to the state general fund.
Sec. 31.
Minnesota Statutes 2012, section 256J.68, subdivision 7, is amended to read:
Subd. 7.
Exclusive procedure.
The deleted text begin proceduredeleted text end new text begin proceduresnew text end established by this
section deleted text begin isdeleted text end new text begin apply to uncompensated work experience programs under subdivision 1 and are
new text end exclusive of all other legal, equitable, and statutory remedies against the state, its political
subdivisions, or employees of the state or its political subdivisionsnew text begin under section 13.02,
subdivision 11new text end . The claimant shall not be entitled to seek damages from any state, county,
tribal, or reservation insurance policy or self-insurance program. A provider who accepts
or agrees to accept an injury protection program payment for services provided to an
individual must not require any payment from the individual.
Sec. 32.
Minnesota Statutes 2012, section 256J.68, subdivision 8, is amended to read:
Subd. 8.
Invalid claims.
A claim is deleted text begin not validdeleted text end new text begin invalidnew text end for purposes of this section
if the county agency new text begin or tribe new text end responsible for deleted text begin supervising the workdeleted text end new text begin placing a participant
new text end cannot verify to the commissioner:
(1) that appropriate safety training and information is provided to all persons being
supervised by the deleted text begin agencydeleted text end new text begin uncompensated work experience sitenew text end under this section; and
(2) that all programs deleted text begin involving work by those personsdeleted text end new text begin under subdivision 1new text end comply
with federal Occupational Safety and Health Administration and state Department of
Labor and Industry safety standards. deleted text begin A claim that is not valid because ofdeleted text end new text begin An invalid claim
due to anew text end failure to verify safety training or compliance with safety standards will not be
paid by the Department of Human Services or through the legislative claims process and
must be heard, decided, and paid, if appropriate, by the deleted text begin local government unitdeleted text end new text begin county
agencynew text end or deleted text begin tribal programdeleted text end new text begin tribenew text end responsible for deleted text begin supervising the work ofdeleted text end new text begin placingnew text end the claimant.
Sec. 33.
Minnesota Statutes 2012, section 256J.751, subdivision 2, is amended to read:
Subd. 2.
Quarterly comparison report.
new text begin (a) new text end The commissioner shall report
quarterly to all counties on each county's performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food portion of assistance;
(3) number of MFIP cases that have left assistance;
(4) median placement wage rate;
(5) caseload by months of TANF assistance;
(6) percent of MFIP and diversionary work program (DWP) cases off cash assistance
or working 30 or more hours per week at one-year, two-year, and three-year follow-up
points from a baseline quarter. This measure is called the self-support index. The
commissioner shall report quarterly an expected range of performance for each county,
county grouping, and tribe on the self-support index. The expected range shall be derived
by a statistical methodology developed by the commissioner in consultation with the
counties and tribes. The statistical methodology shall control differences across counties
in economic conditions and demographics of the MFIP and DWP case load; and
(7) the TANF work participation rate, defined as the participation requirements
specified under Public Law 109-171, the Deficit Reduction Act of 2005.
new text begin
(b) The commissioner shall not apply the limits on vocational educational training and
education activities under Code of Federal Regulations, title 45, section 261.33(c), when
determining TANF work participation rates for individual counties under this subdivision.
new text end
Sec. 34.
Minnesota Statutes 2012, section 256K.26, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Countydeleted text end Eligibility.
Counties new text begin and tribes new text end are eligible for funding under
this section. Priority will be given to proposals submitted on behalf of multicounty new text begin and
tribal new text end partnerships.
Sec. 35.
new text begin
[260D.12] TRIAL HOME VISITS; VOLUNTARY FOSTER CARE FOR
TREATMENT.
new text end
new text begin
When a child is in foster care for treatment under this chapter, the child's parent
and the responsible social services agency may agree that the child is returned to the
care of the parent on a trial home visit. The purpose of the trial home visit is to provide
sufficient planning for supports and services to the child and family to meet the child's
needs following treatment so that the child can return to and remain in the parent's home.
During the period of the trial home visit, the agency has placement and care responsibility
for the child. The trial home visit shall not exceed six months and may be terminated by
either the parent or the agency within ten days' written notice.
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. 36.
Minnesota Statutes 2013 Supplement, section 626.556, subdivision 7, is
amended to read:
Subd. 7.
Report; information provided to parent.
(a) An oral report shall be made
immediately by telephone or otherwise. An oral report made by a person required under
subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agencydeleted text begin ,
unless the appropriate agency has informed the reporter that the oral information does not
constitute a report under subdivision 10deleted text end . The local welfare agency shall determine if the
report is accepted for an assessment or investigation as soon as possible but in no event
longer than 24 hours after the report is received.
new text begin (b) new text end Any report shall be of sufficient content to identify the child, any person believed
to be responsible for the abuse or neglect of the child if the person is known, the nature
and extent of the abuse or neglect and the name and address of the reporter. deleted text begin If requested,
the local welfare agency or the agency responsible for assessing or investigating the report
shall inform the reporter within ten days after the report is made, either orally or in writing,
whether the report was accepted for assessment or investigation.deleted text end new text begin The local welfare agency
or agency responsible for assessing or investigating the report shall accept a report made
under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or
address as long as the report is otherwise sufficient under this paragraph.new text end Written reports
received by a police department or the county sheriff shall be forwarded immediately to
the local welfare agency or the agency responsible for assessing or investigating the
report. The police department or the county sheriff may keep copies of reports received
by them. Copies of written reports received by a local welfare department or the agency
responsible for assessing or investigating the report shall be forwarded immediately to the
local police department or the county sheriff.
new text begin
(c) When requested, the agency responsible for assessing or investigating a report
shall inform the reporter within ten days after the report was made, either orally or in
writing, whether the report was accepted or not. If the responsible agency determines the
report does not constitute a report under this section, the agency shall advise the reporter
the report was screened out. A screened-out report must not be used for any purpose other
than making an offer of social services to the subjects of the screened-out report.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end Notwithstanding paragraph (a), the commissioner of education must inform
the parent, guardian, or legal custodian of the child who is the subject of a report of
alleged maltreatment in a school facility within ten days of receiving the report, either
orally or in writing, whether the commissioner is assessing or investigating the report
of alleged maltreatment.
deleted text begin (c)deleted text end new text begin (e)new text end Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.
deleted text begin (d)deleted text end new text begin (f)new text end A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.
Sec. 37.
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 yearsnew text begin after the date of the final
entry in the case recordnew text end . 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 deleted text begin at leastdeleted text end 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.
Sec. 38.
Minnesota Statutes 2012, section 626.5561, subdivision 1, is amended to read:
Subdivision 1.
Reports required.
(a) Except as provided in paragraph (b), a person
mandated to report under section 626.556, subdivision 3, shall immediately report to the
local welfare agency if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the pregnancy,
including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.
(b) A health care professional or a social service professional who is mandated to
report under section 626.556, subdivision 3, is exempt from reporting under paragraph
(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages
during pregnancy if the professional is providing the woman with prenatal care or other
healthcare services.
(c) Any person may make a voluntary report if the person knows or has reason to
believe that a woman is pregnant and has used a controlled substance for a nonmedical
purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or
has consumed alcoholic beverages during the pregnancy in any way that is habitual or
excessive.
new text begin (d)new text end An oral report shall be made immediately by telephone or otherwise. An oral
report made by a person required to report shall be followed within 72 hours, exclusive
of weekends and holidays, by a report in writing to the local welfare agency. Any report
shall be of sufficient content to identify the pregnant woman, the nature and extent of the
use, if known, and the name and address of the reporter.new text begin The local welfare agency shall
accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter
to provide the reporter's name or address as long as the report is otherwise sufficient.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end For purposes of this section, "prenatal care" means the comprehensive
package of medical and psychological support provided throughout the pregnancy.
ARTICLE 12
APPROPRIATIONS
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|||||
Section 1. new text begin APPROPRIATIONS
|
new text begin
$ new text end |
new text begin
$ new text end |
||||
|
new text begin
Board of Behavioral Health and Therapy new text end |
new text begin
-0- new text end |
new text begin
8,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments and licensing
activity.
new text end
|
new text begin
Board of Chiropractic Examiners new text end |
new text begin
-0- new text end |
new text begin
10,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Dentistry new text end |
new text begin
-0- new text end |
new text begin
39,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Dietetics and Nutrition Practice new text end |
new text begin
-0- new text end |
new text begin
1,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Marriage and Family Therapy new text end |
new text begin
-0- new text end |
new text begin
4,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments and licensing
activity.
new text end
|
new text begin
Board of Medical Practice new text end |
new text begin
-0- new text end |
new text begin
38,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Nursing new text end |
new text begin
-0- new text end |
new text begin
266,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments and licensing
activity.
new text end
|
new text begin
Board of Nursing Home Administrators new text end |
new text begin
-0- new text end |
new text begin
2,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Optometry new text end |
new text begin
-0- new text end |
new text begin
1,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Pharmacy new text end |
new text begin
-0- new text end |
new text begin
2,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Physical Therapy new text end |
new text begin
-0- new text end |
new text begin
4,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Podiatric Medicine new text end |
new text begin
-0- new text end |
new text begin
1,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Psychology new text end |
new text begin
-0- new text end |
new text begin
15,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
|
new text begin
Board of Social Work new text end |
new text begin
-0- new text end |
new text begin
17,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments and licensing
activity.
new text end
|
new text begin
Board of Veterinary Medicine new text end |
new text begin
-0- new text end |
new text begin
2,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for board
member per diem payments.
new text end
Sec. 2. new text begin APPROPRIATION.
new text end
new text begin
$210,000 in fiscal year 2015 is appropriated from the state government special
revenue fund to the Board of Pharmacy to implement changes to the prescription monitoring
program. The base for this appropriation is $171,000 in fiscal years 2016 and 2017.
new text end