HF 3142

Conference Committee Report - 89th Legislature (2015 - 2016) Posted on 05/21/2016 05:49pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 3142

1.2A bill for an act

1.3relating to health; amending provisions for the statewide trauma system, home
1.4care, hearing instrument dispensers, Zika preparedness, and food, beverage, and
1.5lodging establishments;amending Minnesota Statutes 2014, sections 144.605,
1.6subdivision 5; 144.608, subdivision 1; 144A.473, subdivision 2; 144A.475,
1.7subdivisions 3, 3b, by adding a subdivision; 144A.4791, by adding a subdivision;
1.8144A.4792, subdivision 13; 144A.4799, subdivisions 1, 3; 144A.482; 144D.01,
1.9subdivision 2a; 144G.03, subdivisions 2, 4; 153A.14, subdivisions 2d, 2h;
1.10153A.15, subdivision 2a; 157.15, subdivision 14; 157.16, subdivision 4;
1.11proposing coding for new law in Minnesota Statutes, chapter 144.
1.12May 21, 2016
1.13The Honorable Kurt L. Daudt
1.14Speaker of the House of Representatives
1.15The Honorable Sandra L. Pappas
1.16President of the Senate
1.17We, the undersigned conferees for H. F. No. 3142 report that we have agreed upon
1.18the items in dispute and recommend as follows:
1.19That the House concur in the Senate amendments and that H. F. No. 3142 be further
1.20amended as follows:
1.21Delete everything after the enacting clause and insert:

1.22    "Section 1. [62K.075] PROVIDER NETWORK NOTIFICATIONS.
1.23(a) A health carrier must update the carrier's Web site at least once a month with any
1.24changes to the carrier's provider network, including provider changes from in-network
1.25status to out-of-network status.
1.26(b) Upon notification from an enrollee, a health carrier must reprocess any claim
1.27for services provided by a provider whose status has changed from in-network to
1.28out-of-network as an in-network claim if the service was provided after the network
1.29change went into effect but before the change was posted as required under paragraph (a)
1.30unless the health carrier notified the enrollee of the network change prior to the service
1.31being provided. This paragraph does not apply if the health carrier is able to verify that
2.1the health carrier's Web site displayed the correct provider network status on the health
2.2carrier's Web site at the time the service was provided.
2.3(c) The limitations of section 62Q.56, subdivision 2a, shall apply to payments
2.4required by paragraph (b).

2.5    Sec. 2. Minnesota Statutes 2015 Supplement, section 62U.04, subdivision 11, is
2.6amended to read:
2.7    Subd. 11. Restricted uses of the all-payer claims data. (a) Notwithstanding
2.8subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
2.9commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
2.10the following purposes:
2.11(1) to evaluate the performance of the health care home program as authorized under
2.12sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
2.13(2) to study, in collaboration with the reducing avoidable readmissions effectively
2.14(RARE) campaign, hospital readmission trends and rates;
2.15(3) to analyze variations in health care costs, quality, utilization, and illness burden
2.16based on geographical areas or populations;
2.17(4) to evaluate the state innovation model (SIM) testing grant received by the
2.18Departments of Health and Human Services, including the analysis of health care cost,
2.19quality, and utilization baseline and trend information for targeted populations and
2.20communities; and
2.21(5) to compile one or more public use files of summary data or tables that must:
2.22(i) be available to the public for no or minimal cost by March 1, 2016, and available
2.23by Web-based electronic data download by June 30, 2019;
2.24(ii) not identify individual patients, payers, or providers;
2.25(iii) be updated by the commissioner, at least annually, with the most current data
2.26available;
2.27(iv) contain clear and conspicuous explanations of the characteristics of the data,
2.28such as the dates of the data contained in the files, the absence of costs of care for uninsured
2.29patients or nonresidents, and other disclaimers that provide appropriate context; and
2.30(v) not lead to the collection of additional data elements beyond what is authorized
2.31under this section as of June 30, 2015.
2.32(b) The commissioner may publish the results of the authorized uses identified
2.33in paragraph (a) so long as the data released publicly do not contain information or
2.34descriptions in which the identity of individual hospitals, clinics, or other providers may
2.35be discerned.
3.1(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
3.2using the data collected under subdivision 4 to complete the state-based risk adjustment
3.3system assessment due to the legislature on October 1, 2015.
3.4(d) The commissioner or the commissioner's designee may use the data submitted
3.5under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
3.6July 1, 2016 2019.
3.7(e) The commissioner shall consult with the all-payer claims database work group
3.8established under subdivision 12 regarding the technical considerations necessary to create
3.9the public use files of summary data described in paragraph (a), clause (5).

3.10    Sec. 3. Minnesota Statutes 2014, section 144.605, subdivision 5, is amended to read:
3.11    Subd. 5. Level IV designation. (a) The commissioner shall grant the appropriate
3.12level IV trauma hospital designation to a hospital that successfully completes the
3.13designation process under paragraph (b).
3.14(b) The hospital must complete and submit a self-reported survey and application to
3.15the Trauma Advisory Council for review, verifying that the hospital meets the criteria as a
3.16level IV trauma hospital. When the Trauma Advisory Council is satisfied the application
3.17is complete, the council shall review the application and, if the council approves the
3.18application, send a letter of recommendation to the commissioner for final approval and
3.19designation. The commissioner shall grant a level IV designation and shall arrange a site
3.20review visit within three years of the designation and every three years thereafter, to
3.21coincide with the three-year reverification process. commissioner shall arrange a site
3.22review visit. Upon successful completion of the site review, the review team shall make
3.23written recommendations to the Trauma Advisory Council. If approved by the Trauma
3.24Advisory Council, a letter of recommendation shall be sent to the commissioner for final
3.25approval and designation.
3.26EFFECTIVE DATE.This section is effective October 1, 2016.

3.27    Sec. 4. Minnesota Statutes 2014, section 144.608, subdivision 1, is amended to read:
3.28    Subdivision 1. Trauma Advisory Council established. (a) A Trauma Advisory
3.29Council is established to advise, consult with, and make recommendations to the
3.30commissioner on the development, maintenance, and improvement of a statewide trauma
3.31system.
3.32(b) The council shall consist of the following members:
3.33(1) a trauma surgeon certified by the American Board of Surgery or the American
3.34Osteopathic Board of Surgery who practices in a level I or II trauma hospital;
4.1(2) a general surgeon certified by the American Board of Surgery or the American
4.2Osteopathic Board of Surgery whose practice includes trauma and who practices in a
4.3designated rural area as defined under section 144.1501, subdivision 1, paragraph (b);
4.4(3) a neurosurgeon certified by the American Board of Neurological Surgery who
4.5practices in a level I or II trauma hospital;
4.6(4) a trauma program nurse manager or coordinator practicing in a level I or II
4.7trauma hospital;
4.8(5) an emergency physician certified by the American Board of Emergency Medicine
4.9or the American Osteopathic Board of Emergency Medicine whose practice includes
4.10emergency room care in a level I, II, III, or IV trauma hospital;
4.11(6) a trauma program manager or coordinator who practices in a level III or IV
4.12trauma hospital;
4.13(7) a physician certified by the American Board of Family Medicine or the American
4.14Osteopathic Board of Family Practice whose practice includes emergency department care
4.15in a level III or IV trauma hospital located in a designated rural area as defined under
4.16section 144.1501, subdivision 1, paragraph (b);
4.17(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph
4.18(h), or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph
4.19(j), whose practice includes emergency room care in a level IV trauma hospital located in
4.20a designated rural area as defined under section 144.1501, subdivision 1, paragraph (b);
4.21(9) a pediatrician physician certified in pediatric emergency medicine by the
4.22American Board of Pediatrics or certified in pediatric emergency medicine by the American
4.23Board of Emergency Medicine or certified by the American Osteopathic Board of Pediatrics
4.24whose practice primarily includes emergency department medical care in a level I, II, III,
4.25or IV trauma hospital, or a surgeon certified in pediatric surgery by the American Board of
4.26Surgery whose practice involves the care of pediatric trauma patients in a trauma hospital;
4.27(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery
4.28or the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma
4.29and who practices in a level I, II, or III trauma hospital;
4.30(11) the state emergency medical services medical director appointed by the
4.31Emergency Medical Services Regulatory Board;
4.32(12) a hospital administrator of a level III or IV trauma hospital located in a
4.33designated rural area as defined under section 144.1501, subdivision 1, paragraph (b);
4.34(13) a rehabilitation specialist whose practice includes rehabilitation of patients
4.35with major trauma injuries or traumatic brain injuries and spinal cord injuries as defined
4.36under section 144.661;
5.1(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within
5.2the meaning of section 144E.001 and who actively practices with a licensed ambulance
5.3service in a primary service area located in a designated rural area as defined under section
5.4144.1501, subdivision 1 , paragraph (b); and
5.5(15) the commissioner of public safety or the commissioner's designee.

5.6    Sec. 5. [144.945] ZIKA PREPAREDNESS AND RESPONSE.
5.7The commissioner of health shall seek additional federal funds for the following
5.8statewide planning, coordination, preparation, and response activities related to the Zika
5.9virus:
5.10(1) maintaining state and local public health readiness to address Zika-related public
5.11health threats;
5.12(2) conducting diagnostic tests of patients who meet criteria for Zika testing and
5.13maintaining enhanced laboratory surveillance activities related to Zika;
5.14(3) engaging in Zika surveillance activities, including evaluating patients for testing
5.15based on criteria, advising health care providers on Zika virus research, providing
5.16recommendations and interpretations of test results, and conducting Zika-related public
5.17awareness and prevention activities; and
5.18(4) conducting mosquito surveillance activities under section 144.95 to enhance
5.19monitoring of areas where mosquitoes carrying the Zika virus may be found in Minnesota,
5.20notwithstanding section 144.95, subdivision 10.

5.21    Sec. 6. Minnesota Statutes 2014, section 144A.471, subdivision 9, is amended to read:
5.22    Subd. 9. Exclusions from home care licensure. The following are excluded from
5.23home care licensure and are not required to provide the home care bill of rights:
5.24(1) an individual or business entity providing only coordination of home care that
5.25includes one or more of the following:
5.26(i) determination of whether a client needs home care services, or assisting a client
5.27in determining what services are needed;
5.28(ii) referral of clients to a home care provider;
5.29(iii) administration of payments for home care services; or
5.30(iv) administration of a health care home established under section 256B.0751;
5.31(2) an individual who is not an employee of a licensed home care provider if the
5.32individual:
5.33(i) only provides services as an independent contractor to one or more licensed
5.34home care providers;
6.1(ii) provides no services under direct agreements or contracts with clients; and
6.2(iii) is contractually bound to perform services in compliance with the contracting
6.3home care provider's policies and service plans;
6.4(3) a business that provides staff to home care providers, such as a temporary
6.5employment agency, if the business:
6.6(i) only provides staff under contract to licensed or exempt providers;
6.7(ii) provides no services under direct agreements with clients; and
6.8(iii) is contractually bound to perform services under the contracting home care
6.9provider's direction and supervision;
6.10(4) any home care services conducted by and for the adherents of any recognized
6.11church or religious denomination for its members through spiritual means, or by prayer
6.12for healing;
6.13(5) an individual who only provides home care services to a relative;
6.14(6) an individual not connected with a home care provider that provides assistance
6.15with basic home care needs if the assistance is provided primarily as a contribution and
6.16not as a business;
6.17(7) an individual not connected with a home care provider that shares housing with
6.18and provides primarily housekeeping or homemaking services to an elderly or disabled
6.19person in return for free or reduced-cost housing;
6.20(8) an individual or provider providing home-delivered meal services;
6.21(9) an individual providing senior companion services and other older American
6.22volunteer programs (OAVP) established under the Domestic Volunteer Service Act of
6.231973, United States Code, title 42, chapter 66;
6.24(10) an employee of a nursing home or home care provider licensed under this
6.25chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
6.26who responds when responding to occasional emergency calls from individuals residing in
6.27a residential setting that is attached to or located on property contiguous to the nursing
6.28home or, boarding care home, or location where home care services are also provided;
6.29(11) an employee of a nursing home or home care provider licensed under this
6.30chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
6.31when providing occasional minor services free of charge to individuals residing in a
6.32residential setting that is attached to or located on property contiguous to the nursing
6.33home, boarding care home, or location where home care services are also provided;
6.34(11) (12) a member of a professional corporation organized under chapter 319B that
6.35does not regularly offer or provide home care services as defined in section 144A.43,
6.36subdivision 3;
7.1(12) (13) the following organizations established to provide medical or surgical
7.2services that do not regularly offer or provide home care services as defined in section
7.3144A.43 , subdivision 3: a business trust organized under sections 318.01 to 318.04,
7.4a nonprofit corporation organized under chapter 317A, a partnership organized under
7.5chapter 323, or any other entity determined by the commissioner;
7.6(13) (14) an individual or agency that provides medical supplies or durable medical
7.7equipment, except when the provision of supplies or equipment is accompanied by a
7.8home care service;
7.9(14) (15) a physician licensed under chapter 147;
7.10(15) (16) an individual who provides home care services to a person with a
7.11developmental disability who lives in a place of residence with a family, foster family, or
7.12primary caregiver;
7.13(16) (17) a business that only provides services that are primarily instructional and
7.14not medical services or health-related support services;
7.15(17) (18) an individual who performs basic home care services for no more than
7.1614 hours each calendar week to no more than one client;
7.17(18) (19) an individual or business licensed as hospice as defined in sections 144A.75
7.18to 144A.755 who is not providing home care services independent of hospice service;
7.19(19) (20) activities conducted by the commissioner of health or a community health
7.20board as defined in section 145A.02, subdivision 5, including communicable disease
7.21investigations or testing; or
7.22(20) (21) administering or monitoring a prescribed therapy necessary to control or
7.23prevent a communicable disease, or the monitoring of an individual's compliance with a
7.24health directive as defined in section 144.4172, subdivision 6.

7.25    Sec. 7. Minnesota Statutes 2014, section 144A.473, subdivision 2, is amended to read:
7.26    Subd. 2. Temporary license. (a) For new license applicants, the commissioner
7.27shall issue a temporary license for either the basic or comprehensive home care level. A
7.28temporary license is effective for up to one year from the date of issuance. Temporary
7.29licensees must comply with sections 144A.43 to 144A.482.
7.30(b) During the temporary license year, the commissioner shall survey the temporary
7.31licensee after the commissioner is notified or has evidence that the temporary licensee
7.32is providing home care services.
7.33(c) Within five days of beginning the provision of services, the temporary
7.34licensee must notify the commissioner that it is serving clients. The notification to the
7.35commissioner may be mailed or e-mailed to the commissioner at the address provided by
8.1the commissioner. If the temporary licensee does not provide home care services during
8.2the temporary license year, then the temporary license expires at the end of the year and
8.3the applicant must reapply for a temporary home care license.
8.4(d) A temporary licensee may request a change in the level of licensure prior to
8.5being surveyed and granted a license by notifying the commissioner in writing and
8.6providing additional documentation or materials required to update or complete the
8.7changed temporary license application. The applicant must pay the difference between
8.8the application fees when changing from the basic level to the comprehensive level of
8.9licensure. No refund will be made if the provider chooses to change the license application
8.10to the basic level.
8.11(e) If the temporary licensee notifies the commissioner that the licensee has clients
8.12within 45 days prior to the temporary license expiration, the commissioner may extend the
8.13temporary license for up to 60 days in order to allow the commissioner to complete the
8.14on-site survey required under this section and follow-up survey visits.

8.15    Sec. 8. Minnesota Statutes 2014, section 144A.475, subdivision 3, is amended to read:
8.16    Subd. 3. Notice. (a) Prior to any suspension, revocation, or refusal to renew a
8.17license, the home care provider shall be entitled to notice and a hearing as provided
8.18by sections 14.57 to 14.69. In addition to any other remedy provided by law, the
8.19commissioner may, without a prior contested case hearing, temporarily suspend a license
8.20or prohibit delivery of services by a provider for not more than 90 days, or issue a
8.21conditional license if the commissioner determines that there are level 3 or 4 violations as
8.22defined in section 144A.474, subdivision 11, paragraph (b), that do not pose an imminent
8.23risk of harm to the health or safety of persons in the provider's care, provided:
8.24(1) advance notice is given to the home care provider;
8.25(2) after notice, the home care provider fails to correct the problem;
8.26(3) the commissioner has reason to believe that other administrative remedies are not
8.27likely to be effective; and
8.28(4) there is an opportunity for a contested case hearing within the 30 days unless
8.29there is an extension granted by an administrative law judge pursuant to subdivision 3b.
8.30(b) If the commissioner determines there are:
8.31(1) level 4 violations; or
8.32(2) violations that pose an imminent risk of harm to the health or safety of persons in
8.33the provider's care,
9.1the commissioner may immediately temporarily suspend a license, prohibit delivery of
9.2services by a provider, or issue a conditional license without meeting the requirements of
9.3paragraph (a), clauses (1) to (4).
9.4For the purposes of this subdivision, "level 3" and "level 4" have the meanings given in
9.5section 144A.474, subdivision 11, paragraph (b).

9.6    Sec. 9. Minnesota Statutes 2014, section 144A.475, subdivision 3b, is amended to read:
9.7    Subd. 3b. Temporary suspension Expedited hearing. (a) Within five business
9.8days of receipt of the license holder's timely appeal of a temporary suspension or issuance
9.9of a conditional license, the commissioner shall request assignment of an administrative
9.10law judge. The request must include a proposed date, time, and place of a hearing. A
9.11hearing must be conducted by an administrative law judge within 30 calendar days of the
9.12request for assignment, unless an extension is requested by either party and granted by the
9.13administrative law judge for good cause. The commissioner shall issue a notice of hearing
9.14by certified mail or personal service at least ten business days before the hearing. Certified
9.15mail to the last known address is sufficient. The scope of the hearing shall be limited solely
9.16to the issue of whether the temporary suspension or issuance of a conditional license should
9.17remain in effect and whether there is sufficient evidence to conclude that the licensee's
9.18actions or failure to comply with applicable laws are level 3 or 4 violations as defined in
9.19section 144A.474, subdivision 11, paragraph (b), or that there were violations that posed
9.20an imminent risk of harm to the health and safety of persons in the provider's care.
9.21(b) The administrative law judge shall issue findings of fact, conclusions, and a
9.22recommendation within ten business days from the date of hearing. The parties shall
9.23have ten calendar days to submit exceptions to the administrative law judge's report.
9.24The record shall close at the end of the ten-day period for submission of exceptions.
9.25The commissioner's final order shall be issued within ten business days from the close
9.26of the record. When an appeal of a temporary immediate suspension or conditional
9.27license is withdrawn or dismissed, the commissioner shall issue a final order affirming the
9.28temporary immediate suspension or conditional license within ten calendar days of the
9.29commissioner's receipt of the withdrawal or dismissal. The license holder is prohibited
9.30from operation during the temporary suspension period.
9.31(c) When the final order under paragraph (b) affirms an immediate suspension, and a
9.32final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
9.33sanction, the licensee is prohibited from operation pending a final commissioner's order
9.34after the contested case hearing conducted under chapter 14.
10.1(d) A licensee whose license is temporarily suspended must comply with the
10.2requirements for notification and transfer of clients in subdivision 5. These requirements
10.3remain if an appeal is requested.

10.4    Sec. 10. Minnesota Statutes 2014, section 144A.475, is amended by adding a
10.5subdivision to read:
10.6    Subd. 3c. Immediate temporary suspension. (a) In addition to any other
10.7remedies provided by law, the commissioner may, without a prior contested case hearing,
10.8immediately temporarily suspend a license or prohibit delivery of services by a provider
10.9for not more than 90 days, or issue a conditional license, if the commissioner determines
10.10that there are:
10.11(1) level 4 violations; or
10.12(2) violations that pose an imminent risk of harm to the health or safety of persons in
10.13the provider's care.
10.14(b) For purposes of this subdivision, "level 4" has the meaning given in section
10.15144A.474, subdivision 11, paragraph (b).
10.16(c) A notice stating the reasons for the immediate temporary suspension or
10.17conditional license and informing the license holder of the right to an expedited hearing
10.18under subdivision 3b, must be delivered by personal service to the address shown on the
10.19application or the last known address of the license holder. The license holder may appeal
10.20an order immediately temporarily suspending a license or issuing a conditional license.
10.21The appeal must be made in writing by certified mail or personal service. If mailed, the
10.22appeal must be postmarked and sent to the commissioner within five calendar days after the
10.23license holder receives notice. If an appeal is made by personal service, it must be received
10.24by the commissioner within five calendar days after the license holder received the order.
10.25(d) A license holder whose license is immediately temporarily suspended must
10.26comply with the requirements for notification and transfer of clients in subdivision 5.
10.27These requirements remain if an appeal is requested.

10.28    Sec. 11. Minnesota Statutes 2014, section 144A.4791, is amended by adding a
10.29subdivision to read:
10.30    Subd. 14. Application of other law. Home care providers may exercise the
10.31authority and are subject to the protections in section 152.34.

10.32    Sec. 12. Minnesota Statutes 2014, section 144A.4792, subdivision 13, is amended to
10.33read:
11.1    Subd. 13. Prescriptions. There must be a current written or electronically recorded
11.2prescription as defined in Minnesota Rules, part 6800.0100, subpart 11a section 151.01,
11.3subdivision 16a, for all prescribed medications that the comprehensive home care provider
11.4is managing for the client.

11.5    Sec. 13. Minnesota Statutes 2014, section 144A.4799, subdivision 1, is amended to
11.6read:
11.7    Subdivision 1. Membership. The commissioner of health shall appoint eight
11.8persons to a home care provider home care and assisted living program advisory council
11.9consisting of the following:
11.10(1) three public members as defined in section 214.02 who shall be either persons
11.11who are currently receiving home care services or have family members receiving home
11.12care services, or persons who have family members who have received home care services
11.13within five years of the application date;
11.14(2) three Minnesota home care licensees representing basic and comprehensive
11.15levels of licensure who may be a managerial official, an administrator, a supervising
11.16registered nurse, or an unlicensed personnel performing home care tasks;
11.17(3) one member representing the Minnesota Board of Nursing; and
11.18(4) one member representing the ombudsman for long-term care.

11.19    Sec. 14. Minnesota Statutes 2014, section 144A.4799, subdivision 3, is amended to
11.20read:
11.21    Subd. 3. Duties. (a) At the commissioner's request, the advisory council shall
11.22provide advice regarding regulations of Department of Health licensed home care
11.23providers in this chapter, including advice on the following:
11.24(1) community standards for home care practices;
11.25(2) enforcement of licensing standards and whether certain disciplinary actions
11.26are appropriate;
11.27(3) ways of distributing information to licensees and consumers of home care;
11.28(4) training standards;
11.29(5) identify identifying emerging issues and opportunities in the home care field,
11.30including the use of technology in home and telehealth capabilities;
11.31(6) allowable home care licensing modifications and exemptions, including a method
11.32for an integrated license with an existing license for rural licensed nursing homes to
11.33provide limited home care services in an adjacent independent living apartment building
11.34owned by the licensed nursing home; and
12.1(7) recommendations for studies using the data in section 62U.04, subdivision 4,
12.2including but not limited to studies concerning costs related to dementia and chronic
12.3disease among an elderly population over 60 and additional long-term care costs, as
12.4described in section 62U.10, subdivision 6.
12.5(7) (b) The advisory council shall perform other duties as directed by the
12.6commissioner.

12.7    Sec. 15. Minnesota Statutes 2014, section 144A.482, is amended to read:
12.8144A.482 REGISTRATION OF HOME MANAGEMENT PROVIDERS.
12.9(a) For purposes of this section, a home management provider is a person or
12.10organization that provides at least two of the following services: housekeeping, meal
12.11preparation, and shopping to a person who is unable to perform these activities due to
12.12illness, disability, or physical condition.
12.13(b) A person or organization that provides only home management services may not
12.14operate in the state without a current certificate of registration issued by the commissioner
12.15of health. To obtain a certificate of registration, the person or organization must annually
12.16submit to the commissioner the name, mailing and physical addresses, e-mail address, and
12.17telephone number of the person or organization and a signed statement declaring that the
12.18person or organization is aware that the home care bill of rights applies to their clients and
12.19that the person or organization will comply with the home care bill of rights provisions
12.20contained in section 144A.44. A person or organization applying for a certificate must
12.21also provide the name, business address, and telephone number of each of the persons
12.22responsible for the management or direction of the organization.
12.23(c) The commissioner shall charge an annual registration fee of $20 for persons and
12.24$50 for organizations. The registration fee shall be deposited in the state treasury and
12.25credited to the state government special revenue fund.
12.26(d) A home care provider that provides home management services and other home
12.27care services must be licensed, but licensure requirements other than the home care bill of
12.28rights do not apply to those employees or volunteers who provide only home management
12.29services to clients who do not receive any other home care services from the provider.
12.30A licensed home care provider need not be registered as a home management service
12.31provider but must provide an orientation on the home care bill of rights to its employees
12.32or volunteers who provide home management services.
12.33(e) An individual who provides home management services under this section must,
12.34within 120 days after beginning to provide services, attend an orientation session approved
13.1by the commissioner that provides training on the home care bill of rights and an orientation
13.2on the aging process and the needs and concerns of elderly and disabled persons.
13.3(f) The commissioner may suspend or revoke a provider's certificate of registration
13.4or assess fines for violation of the home care bill of rights. Any fine assessed for a
13.5violation of the home care bill of rights by a provider registered under this section shall be
13.6in the amount established in the licensure rules for home care providers. As a condition
13.7of registration, a provider must cooperate fully with any investigation conducted by the
13.8commissioner, including providing specific information requested by the commissioner on
13.9clients served and the employees and volunteers who provide services. Fines collected
13.10under this paragraph shall be deposited in the state treasury and credited to the fund
13.11specified in the statute or rule in which the penalty was established.
13.12(g) The commissioner may use any of the powers granted in sections 144A.43 to
13.13144A.4798 to administer the registration system and enforce the home care bill of rights
13.14under this section.

13.15    Sec. 16. Minnesota Statutes 2014, section 144D.01, subdivision 2a, is amended to read:
13.16    Subd. 2a. Arranged home care provider. "Arranged home care provider" means
13.17a home care provider licensed under Minnesota Rules, chapter 4668, chapter 144A that
13.18provides services to some or all of the residents of a housing with services establishment
13.19and that is either the establishment itself or another entity with which the establishment
13.20has an arrangement.

13.21    Sec. 17. Minnesota Statutes 2014, section 144G.03, subdivision 2, is amended to read:
13.22    Subd. 2. Minimum requirements for assisted living. (a) Assisted living shall
13.23be provided or made available only to individuals residing in a registered housing with
13.24services establishment. Except as expressly stated in this chapter, a person or entity
13.25offering assisted living may define the available services and may offer assisted living to
13.26all or some of the residents of a housing with services establishment. The services that
13.27comprise assisted living may be provided or made available directly by a housing with
13.28services establishment or by persons or entities with which the housing with services
13.29establishment has made arrangements.
13.30(b) A person or entity entitled to use the phrase "assisted living," according to
13.31section 144G.02, subdivision 1, shall do so only with respect to a housing with services
13.32establishment, or a service, service package, or program available within a housing with
13.33services establishment that, at a minimum:
14.1(1) provides or makes available health-related services under a class A or class F
14.2home care license. At a minimum, health-related services must include:
14.3(i) assistance with self-administration of medication, as defined in Minnesota Rules,
14.4part 4668.0003, subpart 2a, medication management, or medication administration as
14.5defined in Minnesota Rules, part 4668.0003, subpart 21a in section 144A.43; and
14.6(ii) assistance with at least three of the following seven activities of daily living:
14.7bathing, dressing, grooming, eating, transferring, continence care, and toileting.
14.8All health-related services shall be provided in a manner that complies with applicable
14.9home care licensure requirements in chapter 144A, and sections 148.171 to 148.285, and
14.10Minnesota Rules, chapter 4668;
14.11(2) provides necessary assessments of the physical and cognitive needs of assisted
14.12living clients by a registered nurse, as required by applicable home care licensure
14.13requirements in chapter 144A, and sections 148.171 to 148.285, and Minnesota Rules,
14.14chapter 4668;
14.15(3) has and maintains a system for delegation of health care activities to unlicensed
14.16assistive health care personnel by a registered nurse, including supervision and evaluation
14.17of the delegated activities as required by applicable home care licensure requirements in
14.18chapter 144A, and sections 148.171 to 148.285, and Minnesota Rules, chapter 4668;
14.19(4) provides staff access to an on-call registered nurse 24 hours per day, seven
14.20days per week;
14.21(5) has and maintains a system to check on each assisted living client at least daily;
14.22(6) provides a means for assisted living clients to request assistance for health and
14.23safety needs 24 hours per day, seven days per week, from the establishment or a person or
14.24entity with which the establishment has made arrangements;
14.25(7) has a person or persons available 24 hours per day, seven days per week, who
14.26is responsible for responding to the requests of assisted living clients for assistance with
14.27health or safety needs, who shall be:
14.28(i) awake;
14.29(ii) located in the same building, in an attached building, or on a contiguous campus
14.30with the housing with services establishment in order to respond within a reasonable
14.31amount of time;
14.32(iii) capable of communicating with assisted living clients;
14.33(iv) capable of recognizing the need for assistance;
14.34(v) capable of providing either the assistance required or summoning the appropriate
14.35assistance; and
14.36(vi) capable of following directions;
15.1(8) offers to provide or make available at least the following supportive services
15.2to assisted living clients:
15.3(i) two meals per day;
15.4(ii) weekly housekeeping;
15.5(iii) weekly laundry service;
15.6(iv) upon the request of the client, reasonable assistance with arranging for
15.7transportation to medical and social services appointments, and the name of or other
15.8identifying information about the person or persons responsible for providing this
15.9assistance;
15.10(v) upon the request of the client, reasonable assistance with accessing community
15.11resources and social services available in the community, and the name of or other
15.12identifying information about the person or persons responsible for providing this
15.13assistance; and
15.14(vi) periodic opportunities for socialization; and
15.15(9) makes available to all prospective and current assisted living clients information
15.16consistent with the uniform format and the required components adopted by the
15.17commissioner under section 144G.06. This information must be made available beginning
15.18no later than six months after the commissioner makes the uniform format and required
15.19components available to providers according to section 144G.06.

15.20    Sec. 18. Minnesota Statutes 2014, section 144G.03, subdivision 4, is amended to read:
15.21    Subd. 4. Nursing assessment. (a) A housing with services establishment offering or
15.22providing assisted living shall:
15.23(1) offer to have the arranged home care provider conduct a nursing assessment by
15.24a registered nurse of the physical and cognitive needs of the prospective resident and
15.25propose a service agreement or service plan prior to the date on which a prospective
15.26resident executes a contract with a housing with services establishment or the date on
15.27which a prospective resident moves in, whichever is earlier; and
15.28(2) inform the prospective resident of the availability of and contact information for
15.29long-term care consultation services under section 256B.0911, prior to the date on which a
15.30prospective resident executes a contract with a housing with services establishment or the
15.31date on which a prospective resident moves in, whichever is earlier.
15.32(b) An arranged home care provider is not obligated to conduct a nursing assessment
15.33by a registered nurse when requested by a prospective resident if either the geographic
15.34distance between the prospective resident and the provider, or urgent or unexpected
15.35circumstances, do not permit the assessment to be conducted prior to the date on which
16.1the prospective resident executes a contract or moves in, whichever is earlier. When such
16.2circumstances occur, the arranged home care provider shall offer to conduct a telephone
16.3conference whenever reasonably possible.
16.4(c) The arranged home care provider shall comply with applicable home care
16.5licensure requirements in chapter 144A, and sections 148.171 to 148.285, and Minnesota
16.6Rules, chapter 4668, with respect to the provision of a nursing assessment prior to the
16.7delivery of nursing services and the execution of a home care service plan or service
16.8agreement.

16.9    Sec. 19. Minnesota Statutes 2014, section 146B.01, subdivision 28, is amended to read:
16.10    Subd. 28. Supervision. "Supervision" means the physical presence of a technician
16.11licensed under this chapter while a body art procedure is being performed and includes:
16.12(1) "direct supervision" where a licensed technician is physically present in the
16.13establishment, and is within five feet and is in the line of sight of the temporary licensee
16.14who is performing a body art procedure while the procedure is being performed; and
16.15(2) "indirect supervision" where a licensed technician is physically present in the
16.16establishment while a body art procedure is being performed by the temporary licensee.

16.17    Sec. 20. Minnesota Statutes 2014, section 146B.03, subdivision 4, is amended to read:
16.18    Subd. 4. Licensure requirements. (a) An applicant for licensure under this section
16.19shall must submit to the commissioner on a form provided by the commissioner:
16.20(1) proof that the applicant is over the age of 18;
16.21    (2) the type of license the applicant is applying for;
16.22(3) all fees required under section 146B.10;
16.23(4) proof of completing a minimum of 200 hours of supervised experience within
16.24each area for which the applicant is seeking a license, and must include an affidavit from
16.25the supervising licensed technician;
16.26(5) proof of having satisfactorily completed coursework within the year preceding
16.27application and approved by the commissioner on bloodborne pathogens, the prevention
16.28of disease transmission, infection control, and aseptic technique. Courses to be considered
16.29for approval by the commissioner may include, but are not limited to, those administered
16.30by one of the following:
16.31(i) the American Red Cross;
16.32(ii) United States Occupational Safety and Health Administration (OSHA); or
16.33(iii) the Alliance of Professional Tattooists; and
16.34(6) any other relevant information requested by the commissioner.
17.1The licensure requirements in this paragraph are effective for all applications for
17.2new licenses received before January 1, 2017.
17.3(b) An applicant for licensure under this section must submit to the commissioner
17.4on a form provided by the commissioner:
17.5(1) proof that the applicant is over the age of 18;
17.6(2) the type of license the applicant is applying for;
17.7(3) all fees required under section 146B.10;
17.8(4) a log showing the completion of the required supervised experience described
17.9under subdivision 12 that includes a list of each licensed technician who provided the
17.10required supervision;
17.11(5) a signed affidavit from each licensed technician who the applicant listed in
17.12the log described in clause (4);
17.13(6) proof of having satisfactorily completed a minimum of five hours of coursework,
17.14within the year preceding application and approval by the commissioner, on bloodborne
17.15pathogens, the prevention of disease transmission, infection control, and aseptic technique.
17.16Courses to be considered for approval by the commissioner may include, but are not
17.17limited to, those administered by one of the following:
17.18(i) the American Red Cross;
17.19(ii) the United States Occupational Safety and Health Administration (OSHA); or
17.20(iii) the Alliance of Professional Tattooists; and
17.21(7) any other relevant information requested by the commissioner.
17.22The licensure requirements in this paragraph are effective for all applications for
17.23new licenses received on or after January 1, 2017.

17.24    Sec. 21. Minnesota Statutes 2014, section 146B.03, subdivision 6, is amended to read:
17.25    Subd. 6. Licensure term; renewal. (a) A technician's license is valid for two
17.26years from the date of issuance and may be renewed upon payment of the renewal fee
17.27established under section 146B.10.
17.28(b) At renewal, a licensee must submit proof of continuing education approved by
17.29the commissioner in the areas identified in subdivision 4, clause (5).
17.30(c) The commissioner shall notify the technician of the pending expiration of a
17.31technician license at least 60 days prior to license expiration.

17.32    Sec. 22. Minnesota Statutes 2014, section 146B.03, subdivision 7, is amended to read:
17.33    Subd. 7. Temporary licensure. (a) The commissioner may issue a temporary license
17.34to an applicant who submits to the commissioner on a form provided by the commissioner:
18.1(1) proof that the applicant is over the age of 18;
18.2(2) all fees required under section 148B.10; and
18.3(3) a letter from a licensed technician who has agreed to provide the supervision to
18.4meet the supervised experience requirement under subdivision 4, clause (4).
18.5(b) Upon completion of the required supervised experience, the temporary
18.6licensee shall submit documentation of satisfactorily completing the requirements under
18.7subdivision 4, clauses (3) and (4), and the applicable fee under section 146B.10. The
18.8commissioner shall issue a new license in accordance with subdivision 4.
18.9(c) A temporary license issued under this subdivision is valid for one year and
18.10may be renewed for one additional year.

18.11    Sec. 23. Minnesota Statutes 2014, section 146B.03, is amended by adding a
18.12subdivision to read:
18.13    Subd. 12. Required supervised experience. An applicant for a body art technician
18.14license must complete the following minimum supervised experience for licensure:
18.15(1) for a tattoo technician license an applicant must complete a minimum of 200
18.16hours of tattoo experience under supervision;
18.17(2) for a body piercing technician license an applicant must perform 250 body
18.18piercings under direct supervision and 250 body piercings under indirect supervision; and
18.19(3) for a dual body art technician license an applicant must complete a minimum of
18.20200 hours of tattoo experience under supervision and perform 250 body piercings under
18.21direct supervision and 250 body piercings under indirect supervision.

18.22    Sec. 24. Minnesota Statutes 2014, section 146B.07, subdivision 1, is amended to read:
18.23    Subdivision 1. Proof of age. (a) A technician shall require proof of age from clients
18.24who state they are 18 years of age or older before performing any body art procedure on a
18.25client. Proof of age must be established by one of the following methods:
18.26(1) a valid driver's license or identification card issued by the state of Minnesota or
18.27another state that includes a photograph and date of birth of the individual;
18.28(2) a valid military identification card issued by the United States Department of
18.29Defense;
18.30(3) a valid passport;
18.31(4) a resident alien card; or
18.32(5) a tribal identification card.
18.33(b) Before performing any body art procedure, the technician must provide the client
18.34with a disclosure and authorization form that indicates whether the client has:
19.1(1) diabetes;
19.2(2) a history of hemophilia;
19.3(3) a history of skin diseases, skin lesions, or skin sensitivities to soap or disinfectants;
19.4(4) a history of epilepsy, seizures, fainting, or narcolepsy;
19.5(5) any condition that requires the client to take medications such as anticoagulants
19.6that thin the blood or interfere with blood clotting; or
19.7(6) any other information that would aid the technician in the body art procedure
19.8process evaluation.
19.9(c) The form must include a statement informing the client that the technician shall
19.10not perform a body art procedure if the client fails to complete or sign the disclosure and
19.11authorization form, and the technician may decline to perform a body art procedure if the
19.12client has any identified health conditions.
19.13    (d) The technician shall ask the client to sign and date the disclosure and
19.14authorization form confirming that the information listed on the form is accurate.
19.15(e) Before performing any body art procedure, the technician shall offer and make
19.16available to the client personal draping, as appropriate.

19.17    Sec. 25. Minnesota Statutes 2014, section 146B.07, subdivision 2, is amended to read:
19.18    Subd. 2. Parent or legal guardian consent; prohibitions. (a) A technician may
19.19perform body piercings on an individual under the age of 18 if:
19.20    (1) the individual's parent or legal guardian is present and;
19.21    (2) the individual's parent or legal guardian provides personal identification by
19.22using one of the methods described in subdivision 1, paragraph (a), clauses (1) to (5), and
19.23provides documentation that reasonably establishes that the individual is the parent or
19.24legal guardian of the individual who is seeking the body piercing;
19.25    (3) the individual seeking the body piercing provides proof of identification by
19.26using one of the methods described in subdivision 1, paragraph (a), clauses (1) to (5),
19.27a current student identification, or another official source that includes the name and
19.28a photograph of the individual;
19.29    (4) a consent form and the authorization form under subdivision 1, paragraph (b) is
19.30signed by the parent or legal guardian in the presence of the technician,; and
19.31    (5) the piercing is not prohibited under paragraph (c).
19.32    (b) No technician shall tattoo any individual under the age of 18 regardless of
19.33parental or guardian consent.
20.1    (c) No nipple or genital piercing, branding, scarification, suspension, subdermal
20.2implantation, microdermal, or tongue bifurcation shall be performed by any technician on
20.3any individual under the age of 18 regardless of parental or guardian consent.
20.4    (d) No technician shall perform body art procedures on any individual who appears
20.5to be under the influence of alcohol, controlled substances as defined in section 152.01,
20.6subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.
20.7    (e) No technician shall perform body art procedures while under the influence of
20.8alcohol, controlled substances as defined under section 152.01, subdivision 4, or hazardous
20.9substances as defined in the rules adopted under chapter 182.
20.10    (f) No technician shall administer anesthetic injections or other medications.

20.11    Sec. 26. [147.0375] MEDICAL FACULTY LICENSE.
20.12    Subdivision 1. Requirements. The board shall issue a license to practice medicine
20.13to any person who satisfies the requirements in paragraphs (a) to (d).
20.14    (a) The applicant must satisfy all the requirements established in section 147.02,
20.15subdivision 1 , paragraphs (a), (e), (f), (g), and (h).
20.16    (b) The applicant must present evidence satisfactory to the board that the applicant
20.17is a graduate of a medical or osteopathic school approved by the board as equivalent
20.18to accredited United States or Canadian schools based upon its faculty, curriculum,
20.19facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical or
20.20osteopathic program that is not accredited by the Liaison Committee for Medical Education
20.21or the American Osteopathic Association, the applicant may use the Federation of State
20.22Medical Boards' Federation Credentials Verification Service (FCVS) or its successor. If
20.23the applicant uses this service as allowed under this paragraph, the physician application
20.24fee may be less than $200 but must not exceed the cost of administering this paragraph.
20.25    (c) The applicant must present evidence satisfactory to the board of the completion
20.26of two years of graduate, clinical medical training in a program located in the United
20.27States, its territories, or Canada and accredited by a national accrediting organization
20.28approved by the board. This requirement does not apply:
20.29    (1) to an applicant who is admitted as a permanent immigrant to the United States on
20.30or before October 1, 1991, as a person of exceptional ability in the sciences according to
20.31Code of Federal Regulations, title 20, section 656.22(d);
20.32    (2) to an applicant holding a valid license to practice medicine in another state or
20.33country and issued a permanent immigrant visa after October 1, 1991, as a person of
20.34extraordinary ability in the field of science or as an outstanding professor or researcher
20.35according to Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary
21.1nonimmigrant visa or status as a person of extraordinary ability in the field of science
21.2according to Code of Federal Regulations, title 8, section 214.2(o); or
21.3    (3) to an applicant who is licensed in another state, has practiced five years without
21.4disciplinary action in the United States, its territories, or Canada, has completed one year
21.5of the graduate, clinical medical training required by this paragraph, and has passed the
21.6Special Purpose Examination of the Federation of State Medical Boards within three
21.7attempts in the 24 months before licensing.
21.8    (d) The applicant must present evidence satisfactory to the board that the applicant
21.9has been appointed to serve as a faculty member of a medical school accredited by the
21.10Liaison Committee of Medical Education or an osteopathic medical school accredited
21.11by the American Osteopathic Association.
21.12    Subd. 2. Medical school review. The board may contract with any qualified person
21.13or organization for the performance of a review or investigation, including site visits
21.14if necessary, of any medical or osteopathic school prior to approving the school under
21.15section 147.02, subdivision 1, paragraph (b), or subdivision 1, paragraph (b), of this
21.16section. To the extent possible, the board shall require the school being reviewed to pay
21.17the costs of the review or investigation.
21.18    Subd. 3. Resignation or termination for the medical faculty position. If a person
21.19holding a license issued under this section resigns or is terminated from the academic
21.20medical center in which the licensee is employed as a faculty member, the licensee
21.21must notify the board in writing no later than 30 days after the date of termination or
21.22resignation. Upon notification of resignation or termination, the board shall terminate
21.23the medical license.
21.24    Subd. 4. Reporting obligation. A person holding a license issued under this section
21.25is subject to the reporting obligations of section 147.111.
21.26    Subd. 5. Limitation of practice. A person issued a license under this section may
21.27only practice medicine within the clinical setting of the academic medical center where
21.28the licensee is an appointed faculty member or within a physician group practice affiliated
21.29with the academic medical center.
21.30    Subd. 6. Continuing education. The licensee must meet the continuing education
21.31requirements under Minnesota Rules, chapter 5605.
21.32    Subd. 7. Expiration. This section expires July 1, 2018.

21.33    Sec. 27. Minnesota Statutes 2014, section 152.22, subdivision 14, is amended to read:
21.34    Subd. 14. Qualifying medical condition. "Qualifying medical condition" means a
21.35diagnosis of any of the following conditions:
22.1(1) cancer, if the underlying condition or treatment produces one or more of the
22.2following:
22.3(i) severe or chronic pain;
22.4(ii) nausea or severe vomiting; or
22.5(iii) cachexia or severe wasting;
22.6(2) glaucoma;
22.7(3) human immunodeficiency virus or acquired immune deficiency syndrome;
22.8(4) Tourette's syndrome;
22.9(5) amyotrophic lateral sclerosis;
22.10(6) seizures, including those characteristic of epilepsy;
22.11(7) severe and persistent muscle spasms, including those characteristic of multiple
22.12sclerosis;
22.13(8) inflammatory bowel disease, including Crohn's disease;
22.14(9) terminal illness, with a probable life expectancy of under one year, if the illness
22.15or its treatment produces one or more of the following:
22.16(i) severe or chronic pain;
22.17(ii) nausea or severe vomiting; or
22.18(iii) cachexia or severe wasting; or
22.19(10) any other medical condition or its treatment approved by the commissioner.

22.20    Sec. 28. Minnesota Statutes 2014, section 152.25, subdivision 3, is amended to read:
22.21    Subd. 3. Deadlines. (a) The commissioner shall adopt rules necessary for the
22.22manufacturer to begin distribution of medical cannabis to patients under the registry
22.23program by July 1, 2015, and have notice of proposed rules published in the State Register
22.24prior to January 1, 2015.
22.25(b) The commissioner shall, by November 1, 2014, advise the public and the cochairs
22.26of the task force on medical cannabis therapeutic research established under section
22.27152.36 if the commissioner is unable to register two manufacturers by the December 1,
22.282014, deadline. The commissioner shall provide a written statement as to the reason or
22.29reasons the deadline will not be met. Upon request of the commissioner, the task force
22.30shall extend the deadline by six months, but may not extend the deadline more than once.
22.31(c) If notified by a manufacturer that distribution to patients may not begin by
22.32the July 1, 2015, deadline, the commissioner shall advise the public and the cochairs
22.33of the task force on medical cannabis therapeutic research. Upon notification by the
22.34commissioner, the task force shall extend the deadline by six months, but may not extend
22.35the deadline more than once.

23.1    Sec. 29. Minnesota Statutes 2014, section 152.25, subdivision 4, is amended to read:
23.2    Subd. 4. Reports. (a) The commissioner shall provide regular updates to the task
23.3force and to the chairs and ranking minority members of the legislative committees with
23.4jurisdiction over health and human services, public safety, judiciary, and civil law on
23.5medical cannabis therapeutic research regarding any changes in federal law or regulatory
23.6restrictions regarding the use of medical cannabis.
23.7(b) The commissioner may submit medical research based on the data collected
23.8under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement
23.9authority over medical cannabis to demonstrate the effectiveness of medical cannabis for
23.10treating a qualifying medical condition.

23.11    Sec. 30. Minnesota Statutes 2014, section 152.29, subdivision 3, is amended to read:
23.12    Subd. 3. Manufacturer; distribution. (a) A manufacturer shall require that
23.13employees licensed as pharmacists pursuant to chapter 151 be the only employees to
23.14distribute give final approval for the distribution of medical cannabis to a patient.
23.15(b) A manufacturer may dispense medical cannabis products, whether or not the
23.16products have been manufactured by the manufacturer, but is not required to dispense
23.17medical cannabis products.
23.18(c) Prior to distribution of any medical cannabis, the manufacturer shall:
23.19(1) verify that the manufacturer has received the registry verification from the
23.20commissioner for that individual patient;
23.21(2) verify that the person requesting the distribution of medical cannabis is the patient,
23.22the patient's registered designated caregiver, or the patient's parent or legal guardian listed
23.23in the registry verification using the procedures described in section 152.11, subdivision 2d;
23.24(3) assign a tracking number to any medical cannabis distributed from the
23.25manufacturer;
23.26(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to
23.27chapter 151 has consulted with the patient to determine the proper dosage for the individual
23.28patient after reviewing the ranges of chemical compositions of the medical cannabis and
23.29the ranges of proper dosages reported by the commissioner. For purposes of this clause, a
23.30consultation may be conducted remotely using a videoconference, so long as the employee
23.31providing the consultation is able to confirm the identity of the patient, the consultation
23.32occurs while the patient is at a distribution facility, and the consultation adheres to patient
23.33privacy requirements that apply to health care services delivered through telemedicine;
23.34(5) properly package medical cannabis in compliance with the United States
23.35Poison Prevention Packing Act regarding child-resistant packaging and exemptions for
24.1packaging for elderly patients, and label distributed medical cannabis with a list of all
24.2active ingredients and individually identifying information, including:
24.3(i) the patient's name and date of birth;
24.4(ii) the name and date of birth of the patient's registered designated caregiver or,
24.5if listed on the registry verification, the name of the patient's parent or legal guardian,
24.6if applicable;
24.7(iii) the patient's registry identification number;
24.8(iv) the chemical composition of the medical cannabis; and
24.9(v) the dosage; and
24.10(6) ensure that the medical cannabis distributed contains a maximum of a 30-day
24.11supply of the dosage determined for that patient.
24.12(d) A manufacturer shall require any employee of the manufacturer who is
24.13transporting medical cannabis or medical cannabis products to a distribution facility to
24.14carry identification showing that the person is an employee of the manufacturer.

24.15    Sec. 31. Minnesota Statutes 2014, section 152.29, is amended by adding a subdivision
24.16to read:
24.17    Subd. 3a. Transportation of medical cannabis; staffing. A medical cannabis
24.18manufacturer may staff a transport motor vehicle with only one employee if the medical
24.19cannabis manufacturer is transporting medical cannabis to either a certified laboratory for
24.20the purpose of testing or a facility for the purpose of disposal. If the medical cannabis
24.21manufacturer is transporting medical cannabis for any other purpose or destination, the
24.22transport motor vehicle must be staffed with a minimum of two employees as required by
24.23rules adopted by the commissioner.

24.24    Sec. 32. Minnesota Statutes 2014, section 152.36, is amended by adding a subdivision
24.25to read:
24.26    Subd. 1a. Administration. The commissioner of health shall provide administrative
24.27and technical support to the task force.

24.28    Sec. 33. Minnesota Statutes 2014, section 152.36, subdivision 2, is amended to read:
24.29    Subd. 2. Impact assessment. The task force shall hold hearings to conduct an
24.30assessment that evaluates evaluate the impact of the use of medical cannabis and evaluates
24.31Minnesota's activities and other states' activities involving medical cannabis, and offer
24.32analysis of including, but not limited to:
24.33    (1) program design and implementation;
25.1    (2) the impact on the health care provider community;
25.2    (3) patient experiences;
25.3    (4) the impact on the incidence of substance abuse;
25.4    (5) access to and quality of medical cannabis and medical cannabis products;
25.5    (6) the impact on law enforcement and prosecutions;
25.6    (7) public awareness and perception; and
25.7    (8) any unintended consequences.

25.8    Sec. 34. Minnesota Statutes 2014, section 153A.14, subdivision 2d, is amended to read:
25.9    Subd. 2d. Certification renewal notice. Certification must be renewed annually.
25.10The commissioner shall mail a renewal notice to the dispenser's last known address on
25.11record with the commissioner by September 1 of each year. The notice must include a
25.12renewal application and notice of fees required for renewal. A dispenser is not relieved
25.13from meeting the renewal deadline on the basis that the dispenser did not receive the
25.14renewal notice. In renewing a certificate, a dispenser shall follow the procedures for
25.15applying for a certificate specified in subdivision 1.

25.16    Sec. 35. Minnesota Statutes 2014, section 153A.14, subdivision 2h, is amended to read:
25.17    Subd. 2h. Certification by examination. An applicant must achieve a passing score,
25.18as determined by the commissioner, on an examination according to paragraphs (a) to (c).
25.19(a) The examination must include, but is not limited to:
25.20(1) A written examination approved by the commissioner covering the following
25.21areas as they pertain to hearing instrument selling:
25.22(i) basic physics of sound;
25.23(ii) the anatomy and physiology of the ear;
25.24(iii) the function of hearing instruments; and
25.25(iv) the principles of hearing instrument selection.
25.26(2) Practical tests of proficiency in the following techniques as they pertain to
25.27hearing instrument selling:
25.28(i) pure tone audiometry, including air conduction testing and bone conduction
25.29testing;
25.30(ii) live voice or recorded voice speech audiometry including speech recognition
25.31(discrimination) testing, most comfortable loudness level, and uncomfortable loudness
25.32measurements of tolerance thresholds;
25.33(iii) masking when indicated;
26.1(iv) recording and evaluation of audiograms and speech audiometry to determine
26.2proper selection and fitting of a hearing instrument;
26.3(v) taking ear mold impressions;
26.4(vi) using an otoscope for the visual observation of the entire ear canal; and
26.5(vii) state and federal laws, rules, and regulations.
26.6(b) The practical examination shall be administered by the commissioner at least
26.7twice a year.
26.8(c) An applicant must achieve a passing score on all portions of the examination
26.9within a two-year period. An applicant who does not achieve a passing score on all
26.10portions of the examination within a two-year period must retake the entire examination
26.11and achieve a passing score on each portion of the examination. An applicant who does not
26.12apply for certification within one year of successful completion of the examination must
26.13retake the examination and achieve a passing score on each portion of the examination.
26.14An applicant may not take any part of the practical examination more than three times in
26.15a two-year period.

26.16    Sec. 36. Minnesota Statutes 2014, section 153A.15, subdivision 2a, is amended to read:
26.17    Subd. 2a. Hearings. If the commissioner proposes to take action against the
26.18dispenser as described in subdivision 2, the commissioner must first notify the person
26.19against whom the action is proposed to be taken and provide the person with an
26.20opportunity to request a hearing under the contested case provisions of chapter 14. Service
26.21of a notice of disciplinary action may be made personally or by certified mail, return
26.22receipt requested. If the person does not request a hearing by notifying the commissioner
26.23within 30 days after service of the notice of the proposed action, the commissioner may
26.24proceed with the action without a hearing.

26.25    Sec. 37. Minnesota Statutes 2014, section 157.15, subdivision 14, is amended to read:
26.26    Subd. 14. Special event food stand. "Special event food stand" means a food and
26.27beverage service establishment which is used in conjunction with celebrations and special
26.28events, and which operates no more than three times annually for no more than ten total
26.29days within the applicable license period.

26.30    Sec. 38. Minnesota Statutes 2014, section 157.16, subdivision 4, is amended to read:
26.31    Subd. 4. Posting requirements. Every food and beverage service establishment,
26.32for-profit youth camp, hotel, motel, lodging establishment, public pool, or resort must
26.33have the original license posted in a conspicuous place at the establishment. Mobile food
27.1units, food carts, and seasonal temporary food stands shall be issued decals with the
27.2initial license and each calendar year with license renewals. The current license year
27.3decal must be placed on the unit or stand in a location determined by the commissioner.
27.4Decals are not transferable.

27.5    Sec. 39. RESIDENTIAL CARE AND SERVICES ELECTRONIC
27.6MONITORING WORK GROUP.
27.7(a) A residential care and services electronic monitoring work group is established
27.8to create recommendations for legislation that authorizes the use of voluntary electronic
27.9monitoring to protect vulnerable children and adults and hold accountable perpetrators
27.10of abuse.
27.11(b) Members of the work group shall include:
27.12(1) two members of the house of representatives, one appointed by the speaker of the
27.13house and one appointed by the minority leader;
27.14(2) two members of the senate, one appointed by the majority leader and one
27.15appointed by the minority leader;
27.16(3) the commissioner of health or a designee;
27.17(4) the commissioner of human services or a designee;
27.18(5) one representative of consumers or victims;
27.19(6) the ombudsman for long-term care established under Minnesota Statutes, section
27.20256.974;
27.21(7) one representative from Care Providers of Minnesota;
27.22(8) one representative from LeadingAge Minnesota;
27.23(9) one representative from the Minnesota Home Care Association;
27.24(10) one representative from the Minnesota chapter of AARP;
27.25(11) one representative of a nonprofit organization with a focus on Alzheimer's
27.26disease;
27.27(12) one representative of county attorneys;
27.28(13) one representative with legal expertise on medical privacy; and
27.29(14) one representative of direct-care workers.
27.30The commissioner of health shall appoint the work group chair and convene its first
27.31meeting no later than July 1, 2016.
27.32(c) The work group shall be exempt from the appointment requirements in
27.33Minnesota Statutes, section 15.0597.
27.34(d) The work group may accept donated services from a nonprofit organization that
27.35prevents abuse, neglect, and financial exploitation of vulnerable adults.
28.1(e) Work group members shall serve without compensation or expense
28.2reimbursement.
28.3(f) The work group shall issue a report to the chairs and ranking minority members
28.4of the legislative committees with jurisdiction over civil law, judiciary, and health and
28.5human services by January 15, 2017.
28.6(g) The work group expires 30 days following the completion of the work required
28.7by this section.
28.8EFFECTIVE DATE.This section is effective the day following final enactment.

28.9    Sec. 40. APPROPRIATION.
28.10$24,000 is appropriated in fiscal year 2017 from the general fund to the
28.11commissioner of health to administer the task force on medical cannabis therapeutic
28.12research under Minnesota Statutes, section 152.36, and for the task force to conduct the
28.13impact assessment on the use of cannabis for medicinal purposes.

28.14    Sec. 41. APPROPRIATION CANCELLATION.
28.15Effective July 1, 2016, the appropriation in Laws 2014, chapter 311, section 21,
28.16subdivision 2, of $24,000 to the Legislative Coordinating Commission is canceled to
28.17the general fund.
"28.18Delete the title and insert:

28.19"A bill for an act

28.20relating to health; requiring a health carrier to update its Web site; amending
28.21provisions for the all-payer claims data, statewide trauma system, home care,
28.22assisted living, body art, hearing instrument dispensers, and food, beverage,
28.23and lodging establishments; directing activities for response to the Zika virus;
28.24adopting requirements for a medical faculty license; changing provisions in
28.25the medical cannabis program; establishing a residential care and services
28.26electronic monitoring work group; appropriating money and canceling a specific
28.27appropriation;amending Minnesota Statutes 2014, sections 144.605, subdivision
28.285; 144.608, subdivision 1; 144A.471, subdivision 9; 144A.473, subdivision
28.292; 144A.475, subdivisions 3, 3b, by adding a subdivision; 144A.4791, by
28.30adding a subdivision; 144A.4792, subdivision 13; 144A.4799, subdivisions 1,
28.313; 144A.482; 144D.01, subdivision 2a; 144G.03, subdivisions 2, 4; 146B.01,
28.32subdivision 28; 146B.03, subdivisions 4, 6, 7, by adding a subdivision; 146B.07,
28.33subdivisions 1, 2; 152.22, subdivision 14; 152.25, subdivisions 3, 4; 152.29,
28.34subdivision 3, by adding a subdivision; 152.36, subdivision 2, by adding a
28.35subdivision; 153A.14, subdivisions 2d, 2h; 153A.15, subdivision 2a; 157.15,
28.36subdivision 14; 157.16, subdivision 4; Minnesota Statutes 2015 Supplement,
28.37section 62U.04, subdivision 11; proposing coding for new law in Minnesota
28.38Statutes, chapters 62K; 144; 147."

29.1	We request the adoption of this report and repassage of the bill.
29.2	House Conferees:
29.3	.....		.....
29.4	Nick Zerwas		Tara Mack
29.5	.....
29.6	Peter Fischer
29.7	Senate Conferees:
29.8	.....		.....
29.9	Kathy Sheran		John Marty
29.10	.....
29.11	Jim Abeler