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HF 3142

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 10:36am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to health; requiring a health carrier to update its Web site; amending
provisions for the all-payer claims data, statewide trauma system, home care,
assisted living, body art, hearing instrument dispensers, and food, beverage,
and lodging establishments; directing activities for response to the Zika virus;
adopting requirements for a medical faculty license; changing provisions in
the medical cannabis program; establishing a residential care and services
electronic monitoring work group; appropriating money and canceling a specific
appropriation; amending Minnesota Statutes 2014, sections 144.605, subdivision
5; 144.608, subdivision 1; 144A.471, subdivision 9; 144A.473, subdivision
2; 144A.475, subdivisions 3, 3b, by adding a subdivision; 144A.4791, by
adding a subdivision; 144A.4792, subdivision 13; 144A.4799, subdivisions 1,
3; 144A.482; 144D.01, subdivision 2a; 144G.03, subdivisions 2, 4; 146B.01,
subdivision 28; 146B.03, subdivisions 4, 6, 7, by adding a subdivision; 146B.07,
subdivisions 1, 2; 152.22, subdivision 14; 152.25, subdivisions 3, 4; 152.29,
subdivision 3, by adding a subdivision; 152.36, subdivision 2, by adding a
subdivision; 153A.14, subdivisions 2d, 2h; 153A.15, subdivision 2a; 157.15,
subdivision 14; 157.16, subdivision 4; Minnesota Statutes 2015 Supplement,
section 62U.04, subdivision 11; proposing coding for new law in Minnesota
Statutes, chapters 62K; 144; 147.

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

Section 1.

new text begin [62K.075] PROVIDER NETWORK NOTIFICATIONS.
new text end

new text begin (a) A health carrier must update the carrier's Web site at least once a month with any
changes to the carrier's provider network, including provider changes from in-network
status to out-of-network status.
new text end

new text begin (b) Upon notification from an enrollee, a health carrier must reprocess any claim
for services provided by a provider whose status has changed from in-network to
out-of-network as an in-network claim if the service was provided after the network
change went into effect but before the change was posted as required under paragraph (a)
unless the health carrier notified the enrollee of the network change prior to the service
being provided. This paragraph does not apply if the health carrier is able to verify that
the health carrier's Web site displayed the correct provider network status on the health
carrier's Web site at the time the service was provided.
new text end

new text begin (c) The limitations of section 62Q.56, subdivision 2a, shall apply to payments
required by paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 62U.04, subdivision 11, is
amended to read:


Subd. 11.

Restricted uses of the all-payer claims data.

(a) Notwithstanding
subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
the following purposes:

(1) to evaluate the performance of the health care home program as authorized under
sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;

(2) to study, in collaboration with the reducing avoidable readmissions effectively
(RARE) campaign, hospital readmission trends and rates;

(3) to analyze variations in health care costs, quality, utilization, and illness burden
based on geographical areas or populations;

(4) to evaluate the state innovation model (SIM) testing grant received by the
Departments of Health and Human Services, including the analysis of health care cost,
quality, and utilization baseline and trend information for targeted populations and
communities; and

(5) to compile one or more public use files of summary data or tables that must:

(i) be available to the public for no or minimal cost by March 1, 2016, and available
by Web-based electronic data download by June 30, 2019;

(ii) not identify individual patients, payers, or providers;

(iii) be updated by the commissioner, at least annually, with the most current data
available;

(iv) contain clear and conspicuous explanations of the characteristics of the data,
such as the dates of the data contained in the files, the absence of costs of care for uninsured
patients or nonresidents, and other disclaimers that provide appropriate context; and

(v) not lead to the collection of additional data elements beyond what is authorized
under this section as of June 30, 2015.

(b) The commissioner may publish the results of the authorized uses identified
in paragraph (a) so long as the data released publicly do not contain information or
descriptions in which the identity of individual hospitals, clinics, or other providers may
be discerned.

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
using the data collected under subdivision 4 to complete the state-based risk adjustment
system assessment due to the legislature on October 1, 2015.

(d) The commissioner or the commissioner's designee may use the data submitted
under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
July 1, deleted text begin2016deleted text endnew text begin 2019new text end.

(e) The commissioner shall consult with the all-payer claims database work group
established under subdivision 12 regarding the technical considerations necessary to create
the public use files of summary data described in paragraph (a), clause (5).

Sec. 3.

Minnesota Statutes 2014, section 144.605, subdivision 5, is amended to read:


Subd. 5.

Level IV designation.

(a) The commissioner shall grant the appropriate
level IV trauma hospital designation to a hospital that successfully completes the
designation process under paragraph (b).

(b) The hospital must complete and submit a self-reported survey and application to
the Trauma Advisory Council for review, verifying that the hospital meets the criteria as a
level IV trauma hospital. When the Trauma Advisory Council is satisfied the application
is complete, the deleted text begincouncil shall review the application and, if the council approves the
application, send a letter of recommendation to the commissioner for final approval and
designation. The commissioner shall grant a level IV designation and shall arrange a site
review visit within three years of the designation and every three years thereafter, to
coincide with the three-year reverification process.
deleted text endnew text begin commissioner shall arrange a site
review visit. Upon successful completion of the site review, the review team shall make
written recommendations to the Trauma Advisory Council. If approved by the Trauma
Advisory Council, a letter of recommendation shall be sent to the commissioner for final
approval and designation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2016.
new text end

Sec. 4.

Minnesota Statutes 2014, section 144.608, subdivision 1, is amended to read:


Subdivision 1.

Trauma Advisory Council established.

(a) A Trauma Advisory
Council is established to advise, consult with, and make recommendations to the
commissioner on the development, maintenance, and improvement of a statewide trauma
system.

(b) The council shall consist of the following members:

(1) a trauma surgeon certified by the American Board of Surgery or the American
Osteopathic Board of Surgery who practices in a level I or II trauma hospital;

(2) a general surgeon certified by the American Board of Surgery or the American
Osteopathic Board of Surgery whose practice includes trauma and who practices in a
designated rural area as defined under section 144.1501, subdivision 1, paragraph (b);

(3) a neurosurgeon certified by the American Board of Neurological Surgery who
practices in a level I or II trauma hospital;

(4) a trauma program nurse manager or coordinator practicing in a level I or II
trauma hospital;

(5) an emergency physician certified by the American Board of Emergency Medicine
or the American Osteopathic Board of Emergency Medicine whose practice includes
emergency room care in a level I, II, III, or IV trauma hospital;

(6) a trauma program manager or coordinator who practices in a level III or IV
trauma hospital;

(7) a physician certified by the American Board of Family Medicine or the American
Osteopathic Board of Family Practice whose practice includes emergency department care
in a level III or IV trauma hospital located in a designated rural area as defined under
section 144.1501, subdivision 1, paragraph (b);

(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph
(h), or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph
(j), whose practice includes emergency room care in a level IV trauma hospital located in
a designated rural area as defined under section 144.1501, subdivision 1, paragraph (b);

(9) a deleted text beginpediatriciandeleted text endnew text begin physiciannew text end certifiednew text begin in pediatric emergency medicinenew text end by the
American Board of Pediatrics or new text begincertified in pediatric emergency medicine by the American
Board of Emergency Medicine or certified by
new text endthe American Osteopathic Board of Pediatrics
whose practice new text beginprimarily new text endincludes emergency department new text beginmedical new text endcare in a level I, II, III,
or IV trauma hospitalnew text begin, or a surgeon certified in pediatric surgery by the American Board of
Surgery whose practice involves the care of pediatric trauma patients in a trauma hospital
new text end;

(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery
or the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma
and who practices in a level I, II, or III trauma hospital;

(11) the state emergency medical services medical director appointed by the
Emergency Medical Services Regulatory Board;

(12) a hospital administrator of a level III or IV trauma hospital located in a
designated rural area as defined under section 144.1501, subdivision 1, paragraph (b);

(13) a rehabilitation specialist whose practice includes rehabilitation of patients
with major trauma injuries or traumatic brain injuries and spinal cord injuries as defined
under section 144.661;

(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within
the meaning of section 144E.001 and who actively practices with a licensed ambulance
service in a primary service area located in a designated rural area as defined under section
144.1501, subdivision 1, paragraph (b); and

(15) the commissioner of public safety or the commissioner's designee.

Sec. 5.

new text begin [144.945] ZIKA PREPAREDNESS AND RESPONSE.
new text end

new text begin The commissioner of health shall seek additional federal funds for the following
statewide planning, coordination, preparation, and response activities related to the Zika
virus:
new text end

new text begin (1) maintaining state and local public health readiness to address Zika-related public
health threats;
new text end

new text begin (2) conducting diagnostic tests of patients who meet criteria for Zika testing and
maintaining enhanced laboratory surveillance activities related to Zika;
new text end

new text begin (3) engaging in Zika surveillance activities, including evaluating patients for testing
based on criteria, advising health care providers on Zika virus research, providing
recommendations and interpretations of test results, and conducting Zika-related public
awareness and prevention activities; and
new text end

new text begin (4) conducting mosquito surveillance activities under section 144.95 to enhance
monitoring of areas where mosquitoes carrying the Zika virus may be found in Minnesota,
notwithstanding section 144.95, subdivision 10.
new text end

Sec. 6.

Minnesota Statutes 2014, section 144A.471, subdivision 9, is amended to read:


Subd. 9.

Exclusions from home care licensure.

The following are excluded from
home care licensure and are not required to provide the home care bill of rights:

(1) an individual or business entity providing only coordination of home care that
includes one or more of the following:

(i) determination of whether a client needs home care services, or assisting a client
in determining what services are needed;

(ii) referral of clients to a home care provider;

(iii) administration of payments for home care services; or

(iv) administration of a health care home established under section 256B.0751;

(2) an individual who is not an employee of a licensed home care provider if the
individual:

(i) only provides services as an independent contractor to one or more licensed
home care providers;

(ii) provides no services under direct agreements or contracts with clients; and

(iii) is contractually bound to perform services in compliance with the contracting
home care provider's policies and service plans;

(3) a business that provides staff to home care providers, such as a temporary
employment agency, if the business:

(i) only provides staff under contract to licensed or exempt providers;

(ii) provides no services under direct agreements with clients; and

(iii) is contractually bound to perform services under the contracting home care
provider's direction and supervision;

(4) any home care services conducted by and for the adherents of any recognized
church or religious denomination for its members through spiritual means, or by prayer
for healing;

(5) an individual who only provides home care services to a relative;

(6) an individual not connected with a home care provider that provides assistance
with basic home care needs if the assistance is provided primarily as a contribution and
not as a business;

(7) an individual not connected with a home care provider that shares housing with
and provides primarily housekeeping or homemaking services to an elderly or disabled
person in return for free or reduced-cost housing;

(8) an individual or provider providing home-delivered meal services;

(9) an individual providing senior companion services and other older American
volunteer programs (OAVP) established under the Domestic Volunteer Service Act of
1973, United States Code, title 42, chapter 66;

(10) an employee of a nursing homenew text begin or home care providernew text end licensed under this
chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
deleted text beginwho respondsdeleted text endnew text begin when respondingnew text end to occasional emergency calls from individuals residing in
a residential setting that is attached to or located on property contiguous to the nursing
home deleted text beginordeleted text endnew text begin,new text end boarding care homenew text begin, or location where home care services are also providednew text end;

new text begin (11) an employee of a nursing home or home care provider licensed under this
chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
when providing occasional minor services free of charge to individuals residing in a
residential setting that is attached to or located on property contiguous to the nursing
home, boarding care home, or location where home care services are also provided;
new text end

deleted text begin (11)deleted text endnew text begin (12)new text end a member of a professional corporation organized under chapter 319B that
does not regularly offer or provide home care services as defined in section 144A.43,
subdivision 3;

deleted text begin (12)deleted text endnew text begin (13)new text end the following organizations established to provide medical or surgical
services that do not regularly offer or provide home care services as defined in section
144A.43, subdivision 3: a business trust organized under sections 318.01 to 318.04,
a nonprofit corporation organized under chapter 317A, a partnership organized under
chapter 323, or any other entity determined by the commissioner;

deleted text begin (13)deleted text endnew text begin (14)new text end an individual or agency that provides medical supplies or durable medical
equipment, except when the provision of supplies or equipment is accompanied by a
home care service;

deleted text begin (14)deleted text endnew text begin (15)new text end a physician licensed under chapter 147;

deleted text begin (15)deleted text endnew text begin (16)new text end an individual who provides home care services to a person with a
developmental disability who lives in a place of residence with a family, foster family, or
primary caregiver;

deleted text begin (16)deleted text endnew text begin (17)new text end a business that only provides services that are primarily instructional and
not medical services or health-related support services;

deleted text begin (17)deleted text endnew text begin (18)new text end an individual who performs basic home care services for no more than
14 hours each calendar week to no more than one client;

deleted text begin (18)deleted text endnew text begin (19)new text end an individual or business licensed as hospice as defined in sections 144A.75
to 144A.755 who is not providing home care services independent of hospice service;

deleted text begin (19)deleted text endnew text begin (20)new text end activities conducted by the commissioner of health or a community health
board as defined in section 145A.02, subdivision 5, including communicable disease
investigations or testing; or

deleted text begin (20)deleted text endnew text begin (21)new text end administering or monitoring a prescribed therapy necessary to control or
prevent a communicable disease, or the monitoring of an individual's compliance with a
health directive as defined in section 144.4172, subdivision 6.

Sec. 7.

Minnesota Statutes 2014, section 144A.473, subdivision 2, is amended to read:


Subd. 2.

Temporary license.

(a) For new license applicants, the commissioner
shall issue a temporary license for either the basic or comprehensive home care level. A
temporary license is effective for new text beginup to new text endone year from the date of issuance. Temporary
licensees must comply with sections 144A.43 to 144A.482.

(b) During the temporary license year, the commissioner shall survey the temporary
licensee after the commissioner is notified or has evidence that the temporary licensee
is providing home care services.

(c) Within five days of beginning the provision of services, the temporary
licensee must notify the commissioner that it is serving clients. The notification to the
commissioner may be mailed or e-mailed to the commissioner at the address provided by
the commissioner. If the temporary licensee does not provide home care services during
the temporary license year, then the temporary license expires at the end of the year and
the applicant must reapply for a temporary home care license.

(d) A temporary licensee may request a change in the level of licensure prior to
being surveyed and granted a license by notifying the commissioner in writing and
providing additional documentation or materials required to update or complete the
changed temporary license application. The applicant must pay the difference between
the application fees when changing from the basic level to the comprehensive level of
licensure. No refund will be made if the provider chooses to change the license application
to the basic level.

(e) If the temporary licensee notifies the commissioner that the licensee has clients
within 45 days prior to the temporary license expiration, the commissioner may extend the
temporary license for up to 60 days in order to allow the commissioner to complete the
on-site survey required under this section and follow-up survey visits.

Sec. 8.

Minnesota Statutes 2014, section 144A.475, subdivision 3, is amended to read:


Subd. 3.

Notice.

new text begin(a) new text endPrior 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 daysnew text begin, or issue a
conditional license
new text end if the commissioner determines that there are level 3 deleted text beginor 4deleted text end violations deleted text beginas
defined in section 144A.474, subdivision 11, paragraph (b),
deleted text endnew text begin that do not pose an imminent
risk of harm to the health or safety of persons in the provider's care,
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 30 days unless
there is an extension granted by an administrative law judge pursuant to subdivision 3b.

new text begin (b) If the commissioner determines there are:
new text end

new text begin (1) level 4 violations; or
new text end

new text begin (2) violations that pose an imminent risk of harm to the health or safety of persons in
the provider's care,
new text end

new text begin the commissioner may immediately temporarily suspend a license, prohibit delivery of
services by a provider, or issue a conditional license without meeting the requirements of
paragraph (a), clauses (1) to (4).
new text end

new text begin For the purposes of this subdivision, "level 3" and "level 4" have the meanings given in
section 144A.474, subdivision 11, paragraph (b).
new text end

Sec. 9.

Minnesota Statutes 2014, section 144A.475, subdivision 3b, is amended to read:


Subd. 3b.

deleted text beginTemporary suspensiondeleted text end Expedited hearing.

(a) Within five business
days of receipt of the license holder's timely appeal of a temporary suspension new text beginor issuance
of a conditional license
new text end, 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 new text beginor issuance of a conditional licensenew text end 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 begin, or that there were violations that posed
an imminent risk of harm to the health and safety of persons in the provider's care
new text end.

(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 new text beginor conditional
license
new text end is withdrawn or dismissed, the commissioner shall issue a final order affirming the
temporary immediate suspension new text beginor conditional licensenew text end 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.

(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 begin (d) A licensee whose license is temporarily suspended must comply with the
requirements for notification and transfer of clients in subdivision 5. These requirements
remain if an appeal is requested.
new text end

Sec. 10.

Minnesota Statutes 2014, section 144A.475, is amended by adding a
subdivision to read:


new text begin Subd. 3c. new text end

new text begin Immediate temporary suspension. new text end

new text begin (a) In addition to any other
remedies provided by law, the commissioner may, without a prior contested case hearing,
immediately temporarily suspend a license or prohibit delivery of services by a provider
for not more than 90 days, or issue a conditional license, if the commissioner determines
that there are:
new text end

new text begin (1) level 4 violations; or
new text end

new text begin (2) violations that pose an imminent risk of harm to the health or safety of persons in
the provider's care.
new text end

new text begin (b) For purposes of this subdivision, "level 4" has the meaning given in section
144A.474, subdivision 11, paragraph (b).
new text end

new text begin (c) A notice stating the reasons for the immediate temporary suspension or
conditional license and informing the license holder of the right to an expedited hearing
under subdivision 3b, must be delivered by personal service to the address shown on the
application or the last known address of the license holder. The license holder may appeal
an order immediately temporarily suspending a license or issuing a conditional license.
The appeal must be made in writing by certified mail or personal service. If mailed, the
appeal must be postmarked and sent to the commissioner within five calendar days after the
license holder receives notice. If an appeal is made by personal service, it must be received
by the commissioner within five calendar days after the license holder received the order.
new text end

new text begin (d) A license holder whose license is immediately temporarily suspended must
comply with the requirements for notification and transfer of clients in subdivision 5.
These requirements remain if an appeal is requested.
new text end

Sec. 11.

Minnesota Statutes 2014, section 144A.4791, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin Application of other law. new text end

new text begin Home care providers may exercise the
authority and are subject to the protections in section 152.34.
new text end

Sec. 12.

Minnesota Statutes 2014, section 144A.4792, subdivision 13, is amended to
read:


Subd. 13.

Prescriptions.

There must be a current written or electronically recorded
prescription as defined in deleted text beginMinnesota Rules, part 6800.0100, subpart 11adeleted text endnew text begin section 151.01,
subdivision 16a
new text end, for all prescribed medications that the comprehensive home care provider
is managing for the client.

Sec. 13.

Minnesota Statutes 2014, section 144A.4799, subdivision 1, is amended to
read:


Subdivision 1.

Membership.

The commissioner of health shall appoint eight
persons to a deleted text beginhome care providerdeleted text endnew text begin home care and assisted living programnew text end advisory council
consisting of the following:

(1) three public members as defined in section 214.02 who shall be either persons
who are currently receiving home care services or have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;

(2) three Minnesota home care licensees representing basic and comprehensive
levels of licensure who may be a managerial official, an administrator, a supervising
registered nurse, or an unlicensed personnel performing home care tasks;

(3) one member representing the Minnesota Board of Nursing; and

(4) one member representing the ombudsman for long-term care.

Sec. 14.

Minnesota Statutes 2014, section 144A.4799, subdivision 3, is amended to
read:


Subd. 3.

Duties.

new text begin(a) new text endAt the commissioner's request, the advisory council shall
provide advice regarding regulations of Department of Health licensed home care
providers in this chapter, including advice on the following:

(1) community standards for home care practices;

(2) enforcement of licensing standards and whether certain disciplinary actions
are appropriate;

(3) ways of distributing information to licensees and consumers of home care;

(4) training standards;

(5) deleted text beginidentifydeleted text endnew text begin identifyingnew text end emerging issues and opportunities in the home care field,
including the use of technology in home and telehealth capabilities;

(6) allowable home care licensing modifications and exemptions, including a method
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 begin (7) recommendations for studies using the data in section 62U.04, subdivision 4,
including but not limited to studies concerning costs related to dementia and chronic
disease among an elderly population over 60 and additional long-term care costs, as
described in section 62U.10, subdivision 6.
new text end

deleted text begin (7)deleted text endnew text begin (b) The advisory council shallnew text end perform other duties as directed by the
commissioner.

Sec. 15.

Minnesota Statutes 2014, section 144A.482, is amended to read:


144A.482 REGISTRATION OF HOME MANAGEMENT PROVIDERS.

(a) For purposes of this section, a home management provider is a person or
organization that provides at least two of the following services: housekeeping, meal
preparation, and shopping to a person who is unable to perform these activities due to
illness, disability, or physical condition.

(b) A person or organization that provides only home management services may not
operate in the state without a current certificate of registration issued by the commissioner
of health. To obtain a certificate of registration, the person or organization must annually
submit to the commissioner the name, mailing and physical addresses, e-mail address, and
telephone number of the person or organization and a signed statement declaring that the
person or organization is aware that the home care bill of rights applies to their clients and
that the person or organization will comply with the home care bill of rights provisions
contained in section 144A.44. A person or organization applying for a certificate must
also provide the name, business address, and telephone number of each of the persons
responsible for the management or direction of the organization.

(c) The commissioner shall charge an annual registration fee of $20 for persons and
$50 for organizations. The registration fee shall be deposited in the state treasury and
credited to the state government special revenue fund.

(d) A home care provider that provides home management services and other home
care services must be licensed, but licensure requirements other than the home care bill of
rights do not apply to those employees or volunteers who provide only home management
services to clients who do not receive any other home care services from the provider.
A licensed home care provider need not be registered as a home management service
provider but must provide an orientation on the home care bill of rights to its employees
or volunteers who provide home management services.

(e) An individual who provides home management services under this section must,
within 120 days after beginning to provide services, attend an orientation session deleted text beginapproved
by the commissioner
deleted text end that provides training on the home care bill of rights and an orientation
on the aging process and the needs and concerns of elderly and disabled persons.

(f) The commissioner may suspend or revoke a provider's certificate of registration
or assess fines for violation of the home care bill of rights. Any fine assessed for a
violation of the home care bill of rights by a provider registered under this section shall be
in the amount established in the licensure rules for home care providers. As a condition
of registration, a provider must cooperate fully with any investigation conducted by the
commissioner, including providing specific information requested by the commissioner on
clients served and the employees and volunteers who provide services. Fines collected
under this paragraph shall be deposited in the state treasury and credited to the fund
specified in the statute or rule in which the penalty was established.

(g) The commissioner may use any of the powers granted in sections 144A.43 to
144A.4798 to administer the registration system and enforce the home care bill of rights
under this section.

Sec. 16.

Minnesota Statutes 2014, section 144D.01, subdivision 2a, is amended to read:


Subd. 2a.

Arranged home care provider.

"Arranged home care provider" means
a home care provider licensed under deleted text beginMinnesota Rules, chapter 4668,deleted text endnew text begin chapter 144Anew text end that
provides services to some or all of the residents of a housing with services establishment
and that is either the establishment itself or another entity with which the establishment
has an arrangement.

Sec. 17.

Minnesota Statutes 2014, section 144G.03, subdivision 2, is amended to read:


Subd. 2.

Minimum requirements for assisted living.

(a) Assisted living shall
be provided or made available only to individuals residing in a registered housing with
services establishment. Except as expressly stated in this chapter, a person or entity
offering assisted living may define the available services and may offer assisted living to
all or some of the residents of a housing with services establishment. The services that
comprise assisted living may be provided or made available directly by a housing with
services establishment or by persons or entities with which the housing with services
establishment has made arrangements.

(b) A person or entity entitled to use the phrase "assisted living," according to
section 144G.02, subdivision 1, shall do so only with respect to a housing with services
establishment, or a service, service package, or program available within a housing with
services establishment that, at a minimum:

(1) provides or makes available health-related services under a deleted text beginclass A or class Fdeleted text end
home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medicationnew text begin,new text end deleted text beginas defined in Minnesota Rules,
part 4668.0003, subpart 2a,
deleted text endnew text begin medication management,new text end or medication administration as
defined deleted text beginin Minnesota Rules, part 4668.0003, subpart 21adeleted text endnew text begin in section 144A.43new text end; and

(ii) assistance with at least three of the following seven activities of daily living:
bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable
home care licensure requirements in chapter 144Adeleted text begin,deleted text endnew text begin andnew text end sections 148.171 to 148.285deleted text begin, and
Minnesota Rules, chapter 4668
deleted text end;

(2) provides necessary assessments of the physical and cognitive needs of assisted
living clients by a registered nurse, as required by applicable home care licensure
requirements in chapter 144Adeleted text begin,deleted text endnew text begin andnew text end sections 148.171 to 148.285deleted text begin, and Minnesota Rules,
chapter 4668
deleted text end;

(3) has and maintains a system for delegation of health care activities to unlicensed
deleted text beginassistive health caredeleted text end personnel by a registered nurse, including supervision and evaluation
of the delegated activities as required by applicable home care licensure requirements in
chapter 144Adeleted text begin,deleted text endnew text begin andnew text end sections 148.171 to 148.285deleted text begin, and Minnesota Rules, chapter 4668deleted text end;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven
days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and
safety needs 24 hours per day, seven days per week, from the establishment or a person or
entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who
is responsible for responding to the requests of assisted living clients for assistance with
health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus
with the housing with services establishment in order to respond within a reasonable
amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate
assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services
to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for
transportation to medical and social services appointments, and the name of or other
identifying information about the person or persons responsible for providing this
assistance;

(v) upon the request of the client, reasonable assistance with accessing community
resources and social services available in the community, and the name of or other
identifying information about the person or persons responsible for providing this
assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information
consistent with the uniform format and the required components adopted by the
commissioner under section 144G.06. This information must be made available beginning
no later than six months after the commissioner makes the uniform format and required
components available to providers according to section 144G.06.

Sec. 18.

Minnesota Statutes 2014, section 144G.03, subdivision 4, is amended to read:


Subd. 4.

Nursing assessment.

(a) A housing with services establishment offering or
providing assisted living shall:

(1) offer to have the arranged home care provider conduct a nursing assessment by
a registered nurse of the physical and cognitive needs of the prospective resident and
propose a deleted text beginservice agreement ordeleted text end service plan prior to the date on which a prospective
resident executes a contract with a housing with services establishment or the date on
which a prospective resident moves in, whichever is earlier; and

(2) inform the prospective resident of the availability of and contact information for
long-term care consultation services under section 256B.0911, prior to the date on which a
prospective resident executes a contract with a housing with services establishment or the
date on which a prospective resident moves in, whichever is earlier.

(b) An arranged home care provider is not obligated to conduct a nursing assessment
by a registered nurse when requested by a prospective resident if either the geographic
distance between the prospective resident and the provider, or urgent or unexpected
circumstances, do not permit the assessment to be conducted prior to the date on which
the prospective resident executes a contract or moves in, whichever is earlier. When such
circumstances occur, the arranged home care provider shall offer to conduct a telephone
conference whenever reasonably possible.

(c) The arranged home care provider shall comply with applicable home care
licensure requirements in chapter 144Adeleted text begin,deleted text endnew text begin andnew text end sections 148.171 to 148.285, deleted text beginand Minnesota
Rules, chapter 4668,
deleted text end with respect to the provision of a nursing assessment prior to the
delivery of nursing services and the execution of a home care service plan or service
agreement.

Sec. 19.

Minnesota Statutes 2014, section 146B.01, subdivision 28, is amended to read:


Subd. 28.

Supervision.

"Supervision" means the physical presence of a technician
licensed under this chapter while a body art procedure is being performednew text begin and includes:
new text end

new text begin (1) "direct supervision" where a licensed technician is physically present in the
establishment, and is within five feet and is in the line of sight of the temporary licensee
who is performing a body art procedure while the procedure is being performed; and
new text end

new text begin (2) "indirect supervision" where a licensed technician is physically present in the
establishment while a body art procedure is being performed by the temporary licensee
new text end.

Sec. 20.

Minnesota Statutes 2014, section 146B.03, subdivision 4, is amended to read:


Subd. 4.

Licensure requirements.

new text begin(a) new text endAn applicant for licensure under this section
deleted text beginshalldeleted text endnew text begin mustnew text end submit to the commissioner on a form provided by the commissioner:

(1) proof that the applicant is over the age of 18;

(2) the type of license the applicant is applying for;

(3) all fees required under section 146B.10;

(4) proof of completing a minimum of 200 hours of supervised experience within
each area for which the applicant is seeking a license, and must include an affidavit from
the supervising licensed technician;

(5) proof of having satisfactorily completed coursework within the year preceding
application and approved by the commissioner on bloodborne pathogens, the prevention
of disease transmission, infection control, and aseptic technique. Courses to be considered
for approval by the commissioner may include, but are not limited to, those administered
by one of the following:

(i) the American Red Cross;

(ii) United States Occupational Safety and Health Administration (OSHA); or

(iii) the Alliance of Professional Tattooists; and

(6) any other relevant information requested by the commissioner.

new text begin The licensure requirements in this paragraph are effective for all applications for
new licenses received before January 1, 2017.
new text end

new text begin (b) An applicant for licensure under this section must submit to the commissioner
on a form provided by the commissioner:
new text end

new text begin (1) proof that the applicant is over the age of 18;
new text end

new text begin (2) the type of license the applicant is applying for;
new text end

new text begin (3) all fees required under section 146B.10;
new text end

new text begin (4) a log showing the completion of the required supervised experience described
under subdivision 12 that includes a list of each licensed technician who provided the
required supervision;
new text end

new text begin (5) a signed affidavit from each licensed technician who the applicant listed in
the log described in clause (4);
new text end

new text begin (6) proof of having satisfactorily completed a minimum of five hours of coursework,
within the year preceding application and approval by the commissioner, on bloodborne
pathogens, the prevention of disease transmission, infection control, and aseptic technique.
Courses to be considered for approval by the commissioner may include, but are not
limited to, those administered by one of the following:
new text end

new text begin (i) the American Red Cross;
new text end

new text begin (ii) the United States Occupational Safety and Health Administration (OSHA); or
new text end

new text begin (iii) the Alliance of Professional Tattooists; and
new text end

new text begin (7) any other relevant information requested by the commissioner.
new text end

new text begin The licensure requirements in this paragraph are effective for all applications for
new licenses received on or after January 1, 2017.
new text end

Sec. 21.

Minnesota Statutes 2014, section 146B.03, subdivision 6, is amended to read:


Subd. 6.

Licensure term; renewal.

(a) A technician's license is valid for two
years from the date of issuance and may be renewed upon payment of the renewal fee
established under section 146B.10.

(b) At renewal, a licensee must submit proof of continuing education approved by
the commissioner in the areas identified in subdivision 4deleted text begin, clause (5)deleted text end.

new text begin (c) The commissioner shall notify the technician of the pending expiration of a
technician license at least 60 days prior to license expiration.
new text end

Sec. 22.

Minnesota Statutes 2014, section 146B.03, subdivision 7, is amended to read:


Subd. 7.

Temporary licensure.

(a) The commissioner may issue a temporary license
to an applicant who submits to the commissioner on a form provided by the commissioner:

(1) proof that the applicant is over the age of 18;

(2) all fees required under section 148B.10; and

(3) a letter from a licensed technician who has agreed to provide the supervision to
meet the supervised experience requirement under subdivision 4deleted text begin, clause (4)deleted text end.

(b) Upon completion of the required supervised experience, the temporary
licensee shall submit documentation of satisfactorily completing the requirements under
subdivision 4, deleted text beginclauses (3) and (4),deleted text end and the applicable fee under section 146B.10. The
commissioner shall issue a new license in accordance with subdivision 4.

(c) A temporary license issued under this subdivision is valid for one year and
may be renewed for one additional year.

Sec. 23.

Minnesota Statutes 2014, section 146B.03, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Required supervised experience. new text end

new text begin An applicant for a body art technician
license must complete the following minimum supervised experience for licensure:
new text end

new text begin (1) for a tattoo technician license an applicant must complete a minimum of 200
hours of tattoo experience under supervision;
new text end

new text begin (2) for a body piercing technician license an applicant must perform 250 body
piercings under direct supervision and 250 body piercings under indirect supervision; and
new text end

new text begin (3) for a dual body art technician license an applicant must complete a minimum of
200 hours of tattoo experience under supervision and perform 250 body piercings under
direct supervision and 250 body piercings under indirect supervision.
new text end

Sec. 24.

Minnesota Statutes 2014, section 146B.07, subdivision 1, is amended to read:


Subdivision 1.

Proof of age.

(a) A technician shall require proof of age new text beginfrom clients
who state they are 18 years of age or older
new text endbefore performing any body art procedure on a
client. Proof of age must be established by one of the following methods:

(1) a valid driver's license or identification card issued by the state of Minnesota or
another state that includes a photograph and date of birth of the individual;

(2) a valid military identification card issued by the United States Department of
Defense;

(3) a valid passport;

(4) a resident alien card; or

(5) a tribal identification card.

(b) Before performing any body art procedure, the technician must provide the client
with a disclosure and authorization form that indicates whether the client has:

(1) diabetes;

(2) a history of hemophilia;

(3) a history of skin diseases, skin lesions, or skin sensitivities to soap or disinfectants;

(4) a history of epilepsy, seizures, fainting, or narcolepsy;

(5) any condition that requires the client to take medications such as anticoagulants
that thin the blood or interfere with blood clotting; or

(6) any other information that would aid the technician in the body art procedure
process evaluation.

(c) The form must include a statement informing the client that the technician shall
not perform a body art procedure if the client fails to complete or sign the disclosure and
authorization form, and the technician may decline to perform a body art procedure if the
client has any identified health conditions.

(d) The technician shall ask the client to sign and date the disclosure and
authorization form confirming that the information listed on the form is accurate.

(e) Before performing any body art procedure, the technician shall offer and make
available to the client personal draping, as appropriate.

Sec. 25.

Minnesota Statutes 2014, section 146B.07, subdivision 2, is amended to read:


Subd. 2.

Parent or legal guardian consent; prohibitions.

(a) A technician may
perform body piercings on an individual under the age of 18 ifnew text begin:
new text end

new text begin (1) new text end the individual's parent or legal guardian is present deleted text beginanddeleted text endnew text begin;
new text end

new text begin (2) the individual's parent or legal guardian provides personal identification by
using one of the methods described in subdivision 1, paragraph (a), clauses (1) to (5), and
provides documentation that reasonably establishes that the individual is the parent or
legal guardian of the individual who is seeking the body piercing;
new text end

new text begin (3) the individual seeking the body piercing provides proof of identification by
using one of the methods described in subdivision 1, paragraph (a), clauses (1) to (5),
a current student identification, or another official source that includes the name and
a photograph of the individual;
new text end

new text begin (4) new text end a consent form and the authorization form under subdivision 1, paragraph (b) is
signed by the parent or legal guardian in the presence of the techniciandeleted text begin,deleted text endnew text begin;new text end and

new text begin (5)new text end the piercing is not prohibited under paragraph (c).

(b) No technician shall tattoo any individual under the age of 18 regardless of
parental or guardian consent.

(c) No nipple or genital piercing, branding, scarification, suspension, subdermal
implantation, microdermal, or tongue bifurcation shall be performed by any technician on
any individual under the age of 18 regardless of parental or guardian consent.

(d) No technician shall perform body art procedures on any individual who appears
to be under the influence of alcohol, controlled substances as defined in section 152.01,
subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.

(e) No technician shall perform body art procedures while under the influence of
alcohol, controlled substances as defined under section 152.01, subdivision 4, or hazardous
substances as defined in the rules adopted under chapter 182.

(f) No technician shall administer anesthetic injections or other medications.

Sec. 26.

new text begin [147.0375] MEDICAL FACULTY LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The board shall issue a license to practice medicine
to any person who satisfies the requirements in paragraphs (a) to (d).
new text end

new text begin (a) The applicant must satisfy all the requirements established in section 147.02,
subdivision 1
, paragraphs (a), (e), (f), (g), and (h).
new text end

new text begin (b) The applicant must present evidence satisfactory to the board that the applicant
is a graduate of a medical or osteopathic school approved by the board as equivalent
to accredited United States or Canadian schools based upon its faculty, curriculum,
facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical or
osteopathic program that is not accredited by the Liaison Committee for Medical Education
or the American Osteopathic Association, the applicant may use the Federation of State
Medical Boards' Federation Credentials Verification Service (FCVS) or its successor. If
the applicant uses this service as allowed under this paragraph, the physician application
fee may be less than $200 but must not exceed the cost of administering this paragraph.
new text end

new text begin (c) The applicant must present evidence satisfactory to the board of the completion
of two years of graduate, clinical medical training in a program located in the United
States, its territories, or Canada and accredited by a national accrediting organization
approved by the board. This requirement does not apply:
new text end

new text begin (1) to an applicant who is admitted as a permanent immigrant to the United States on
or before October 1, 1991, as a person of exceptional ability in the sciences according to
Code of Federal Regulations, title 20, section 656.22(d);
new text end

new text begin (2) to an applicant holding a valid license to practice medicine in another state or
country and issued a permanent immigrant visa after October 1, 1991, as a person of
extraordinary ability in the field of science or as an outstanding professor or researcher
according to Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary
nonimmigrant visa or status as a person of extraordinary ability in the field of science
according to Code of Federal Regulations, title 8, section 214.2(o); or
new text end

new text begin (3) to an applicant who is licensed in another state, has practiced five years without
disciplinary action in the United States, its territories, or Canada, has completed one year
of the graduate, clinical medical training required by this paragraph, and has passed the
Special Purpose Examination of the Federation of State Medical Boards within three
attempts in the 24 months before licensing.
new text end

new text begin (d) The applicant must present evidence satisfactory to the board that the applicant
has been appointed to serve as a faculty member of a medical school accredited by the
Liaison Committee of Medical Education or an osteopathic medical school accredited
by the American Osteopathic Association.
new text end

new text begin Subd. 2. new text end

new text begin Medical school review. new text end

new text begin The board may contract with any qualified person
or organization for the performance of a review or investigation, including site visits
if necessary, of any medical or osteopathic school prior to approving the school under
section 147.02, subdivision 1, paragraph (b), or subdivision 1, paragraph (b), of this
section. To the extent possible, the board shall require the school being reviewed to pay
the costs of the review or investigation.
new text end

new text begin Subd. 3. new text end

new text begin Resignation or termination for the medical faculty position. new text end

new text begin If a person
holding a license issued under this section resigns or is terminated from the academic
medical center in which the licensee is employed as a faculty member, the licensee
must notify the board in writing no later than 30 days after the date of termination or
resignation. Upon notification of resignation or termination, the board shall terminate
the medical license.
new text end

new text begin Subd. 4. new text end

new text begin Reporting obligation. new text end

new text begin A person holding a license issued under this section
is subject to the reporting obligations of section 147.111.
new text end

new text begin Subd. 5. new text end

new text begin Limitation of practice. new text end

new text begin A person issued a license under this section may
only practice medicine within the clinical setting of the academic medical center where
the licensee is an appointed faculty member or within a physician group practice affiliated
with the academic medical center.
new text end

new text begin Subd. 6. new text end

new text begin Continuing education. new text end

new text begin The licensee must meet the continuing education
requirements under Minnesota Rules, chapter 5605.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2018.
new text end

Sec. 27.

Minnesota Statutes 2014, section 152.22, subdivision 14, is amended to read:


Subd. 14.

Qualifying medical condition.

"Qualifying medical condition" means a
diagnosis of any of the following conditions:

(1) cancer, if the underlying condition or treatment produces one or more of the
following:

(i) severe or chronic pain;

(ii) nausea or severe vomiting; or

(iii) cachexia or severe wasting;

(2) glaucoma;

(3) human immunodeficiency virus or acquired immune deficiency syndrome;

(4) Tourette's syndrome;

(5) amyotrophic lateral sclerosis;

(6) seizures, including those characteristic of epilepsy;

(7) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;

(8)new text begin inflammatory bowel disease, includingnew text end Crohn's disease;

(9) terminal illness, with a probable life expectancy of under one year, if the illness
or its treatment produces one or more of the following:

(i) severe or chronic pain;

(ii) nausea or severe vomiting; or

(iii) cachexia or severe wasting; or

(10) any other medical condition or its treatment approved by the commissioner.

Sec. 28.

Minnesota Statutes 2014, section 152.25, subdivision 3, is amended to read:


Subd. 3.

Deadlines.

deleted text begin(a)deleted text end The commissioner shall adopt rules necessary for the
manufacturer to begin distribution of medical cannabis to patients under the registry
program by July 1, 2015, and have notice of proposed rules published in the State Register
prior to January 1, 2015.

deleted text begin (b) The commissioner shall, by November 1, 2014, advise the public and the cochairs
of the task force on medical cannabis therapeutic research established under section
152.36 if the commissioner is unable to register two manufacturers by the December 1,
2014, deadline. The commissioner shall provide a written statement as to the reason or
reasons the deadline will not be met. Upon request of the commissioner, the task force
shall extend the deadline by six months, but may not extend the deadline more than once.
deleted text end

deleted text begin (c) If notified by a manufacturer that distribution to patients may not begin by
the July 1, 2015, deadline, the commissioner shall advise the public and the cochairs
of the task force on medical cannabis therapeutic research. Upon notification by the
commissioner, the task force shall extend the deadline by six months, but may not extend
the deadline more than once.
deleted text end

Sec. 29.

Minnesota Statutes 2014, section 152.25, subdivision 4, is amended to read:


Subd. 4.

Reports.

(a) The commissioner shall provide regular updates to the task
force new text beginand to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services, public safety, judiciary, and civil law
new text endon
medical cannabis therapeutic research regarding any changes in federal law or regulatory
restrictions regarding the use of medical cannabis.

(b) The commissioner may submit medical research based on the data collected
under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement
authority over medical cannabis to demonstrate the effectiveness of medical cannabis for
treating a qualifying medical condition.

Sec. 30.

Minnesota Statutes 2014, section 152.29, subdivision 3, is amended to read:


Subd. 3.

Manufacturer; distribution.

(a) A manufacturer shall require that
employees licensed as pharmacists pursuant to chapter 151 be the only employees to
deleted text begindistributedeleted text end new text begingive final approval for new text endthenew text begin distribution ofnew text end medical cannabis to a patient.

(b) A manufacturer may dispense medical cannabis products, whether or not the
products have been manufactured by the manufacturer, but is not required to dispense
medical cannabis products.

(c) Prior to distribution of any medical cannabis, the manufacturer shall:

(1) verify that the manufacturer has received the registry verification from the
commissioner for that individual patient;

(2) verify that the person requesting the distribution of medical cannabis is the patient,
the patient's registered designated caregiver, or the patient's parent or legal guardian listed
in the registry verification using the procedures described in section 152.11, subdivision 2d;

(3) assign a tracking number to any medical cannabis distributed from the
manufacturer;

(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to
chapter 151 has consulted with the patient to determine the proper dosage for the individual
patient after reviewing the ranges of chemical compositions of the medical cannabis and
the ranges of proper dosages reported by the commissionernew text begin. For purposes of this clause, a
consultation may be conducted remotely using a videoconference, so long as the employee
providing the consultation is able to confirm the identity of the patient, the consultation
occurs while the patient is at a distribution facility, and the consultation adheres to patient
privacy requirements that apply to health care services delivered through telemedicine
new text end;

(5) properly package medical cannabis in compliance with the United States
Poison Prevention Packing Act regarding child-resistant packaging and exemptions for
packaging for elderly patients, and label distributed medical cannabis with a list of all
active ingredients and individually identifying information, including:

(i) the patient's name and date of birth;

(ii) the name and date of birth of the patient's registered designated caregiver or,
if listed on the registry verification, the name of the patient's parent or legal guardian,
if applicable;

(iii) the patient's registry identification number;

(iv) the chemical composition of the medical cannabis; and

(v) the dosage; and

(6) ensure that the medical cannabis distributed contains a maximum of a 30-day
supply of the dosage determined for that patient.

(d) A manufacturer shall require any employee of the manufacturer who is
transporting medical cannabis or medical cannabis products to a distribution facility to
carry identification showing that the person is an employee of the manufacturer.

Sec. 31.

Minnesota Statutes 2014, section 152.29, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Transportation of medical cannabis; staffing. new text end

new text begin A medical cannabis
manufacturer may staff a transport motor vehicle with only one employee if the medical
cannabis manufacturer is transporting medical cannabis to either a certified laboratory for
the purpose of testing or a facility for the purpose of disposal. If the medical cannabis
manufacturer is transporting medical cannabis for any other purpose or destination, the
transport motor vehicle must be staffed with a minimum of two employees as required by
rules adopted by the commissioner.
new text end

Sec. 32.

Minnesota Statutes 2014, section 152.36, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Administration. new text end

new text begin The commissioner of health shall provide administrative
and technical support to the task force.
new text end

Sec. 33.

Minnesota Statutes 2014, section 152.36, subdivision 2, is amended to read:


Subd. 2.

Impact assessment.

The task force shall hold hearings to deleted text beginconduct an
assessment that evaluates
deleted text endnew text begin evaluatenew text end the impact of the use of medical cannabis and deleted text beginevaluatesdeleted text end
Minnesota's activities deleted text beginand other states' activitiesdeleted text end involving medical cannabis, deleted text beginand offer
analysis of
deleted text endnew text begin including, but not limited tonew text end:

(1) program design and implementation;

(2) the impact on the health care provider community;

(3) patient experiences;

(4) the impact on the incidence of substance abuse;

(5) access to and quality of medical cannabis and medical cannabis products;

(6) the impact on law enforcement and prosecutions;

(7) public awareness and perception; and

(8) any unintended consequences.

Sec. 34.

Minnesota Statutes 2014, section 153A.14, subdivision 2d, is amended to read:


Subd. 2d.

Certification renewal notice.

Certification must be renewed annually.
The commissioner shall mail a renewal notice to the dispenser's last known address new text beginon
record with the commissioner
new text endby September 1 of each year. deleted text beginThe notice must include a
renewal application and notice of fees required for renewal.
deleted text end A dispenser is not relieved
from meeting the renewal deadline on the basis that the dispenser did not receive the
renewal notice. In renewing a certificate, a dispenser shall follow the procedures for
applying for a certificate specified in subdivision 1.

Sec. 35.

Minnesota Statutes 2014, section 153A.14, subdivision 2h, is amended to read:


Subd. 2h.

Certification by examination.

An applicant must achieve a passing score,
as determined by the commissioner, on an examination according to paragraphs (a) to (c).

(a) The examination must include, but is not limited to:

(1) A written examination approved by the commissioner covering the following
areas as they pertain to hearing instrument selling:

(i) basic physics of sound;

(ii) the anatomy and physiology of the ear;

(iii) the function of hearing instruments; and

(iv) the principles of hearing instrument selection.

(2) Practical tests of proficiency in the following techniques as they pertain to
hearing instrument selling:

(i) pure tone audiometry, including air conduction testing and bone conduction
testing;

(ii) live voice or recorded voice speech audiometry including speech recognition
(discrimination) testing, most comfortable loudness level, and uncomfortable loudness
measurements of tolerance thresholds;

(iii) masking when indicated;

(iv) recording and evaluation of audiograms and speech audiometry to determine
proper selection and fitting of a hearing instrument;

(v) taking ear mold impressions;

(vi) using an otoscope for the visual observation of the entire ear canal; and

(vii) state and federal laws, rules, and regulations.

(b) The new text beginpractical new text endexamination shall be administered by the commissioner at least
twice a year.

(c) An applicant must achieve a passing score on all portions of the examination
within a two-year period. An applicant who does not achieve a passing score on all
portions of the examination within a two-year period must retake the entire examination
and achieve a passing score on each portion of the examination. An applicant who does not
apply for certification within one year of successful completion of the examination must
retake the examination and achieve a passing score on each portion of the examination.
An applicant may not take any part of the new text beginpractical new text endexamination more than three times in
a two-year period.

Sec. 36.

Minnesota Statutes 2014, section 153A.15, subdivision 2a, is amended to read:


Subd. 2a.

Hearings.

If the commissioner proposes to take action against the
dispenser as described in subdivision 2, the commissioner must first notify the person
against whom the action is proposed to be taken and provide the person with an
opportunity to request a hearing under the contested case provisions of chapter 14. new text beginService
of a notice of disciplinary action may be made personally or by certified mail, return
receipt requested.
new text endIf the person does not request a hearing by notifying the commissioner
within 30 days after service of the notice of the proposed action, the commissioner may
proceed with the action without a hearing.

Sec. 37.

Minnesota Statutes 2014, section 157.15, subdivision 14, is amended to read:


Subd. 14.

Special event food stand.

"Special event food stand" means a food and
beverage service establishment which is used in conjunction with celebrations and special
events, and which operates deleted text beginno more than three times annuallydeleted text end for no more than ten total
daysnew text begin within the applicable license periodnew text end.

Sec. 38.

Minnesota Statutes 2014, section 157.16, subdivision 4, is amended to read:


Subd. 4.

Posting requirements.

Every food and beverage service establishment,
for-profit youth camp, hotel, motel, lodging establishment, public pool, or resort must
have thenew text begin originalnew text end license posted in a conspicuous place at the establishment. deleted text beginMobile food
units, food carts, and seasonal temporary food stands shall be issued decals with the
initial license and each calendar year with license renewals. The current license year
decal must be placed on the unit or stand in a location determined by the commissioner.
Decals are not transferable.
deleted text end

Sec. 39. new text beginRESIDENTIAL CARE AND SERVICES ELECTRONIC
MONITORING WORK GROUP.
new text end

new text begin (a) A residential care and services electronic monitoring work group is established
to create recommendations for legislation that authorizes the use of voluntary electronic
monitoring to protect vulnerable children and adults and hold accountable perpetrators
of abuse.
new text end

new text begin (b) Members of the work group shall include:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one
appointed by the minority leader;
new text end

new text begin (3) the commissioner of health or a designee;
new text end

new text begin (4) the commissioner of human services or a designee;
new text end

new text begin (5) one representative of consumers or victims;
new text end

new text begin (6) the ombudsman for long-term care established under Minnesota Statutes, section
256.974;
new text end

new text begin (7) one representative from Care Providers of Minnesota;
new text end

new text begin (8) one representative from LeadingAge Minnesota;
new text end

new text begin (9) one representative from the Minnesota Home Care Association;
new text end

new text begin (10) one representative from the Minnesota chapter of AARP;
new text end

new text begin (11) one representative of a nonprofit organization with a focus on Alzheimer's
disease;
new text end

new text begin (12) one representative of county attorneys;
new text end

new text begin (13) one representative with legal expertise on medical privacy; and
new text end

new text begin (14) one representative of direct-care workers.
new text end

new text begin The commissioner of health shall appoint the work group chair and convene its first
meeting no later than July 1, 2016.
new text end

new text begin (c) The work group shall be exempt from the appointment requirements in
Minnesota Statutes, section 15.0597.
new text end

new text begin (d) The work group may accept donated services from a nonprofit organization that
prevents abuse, neglect, and financial exploitation of vulnerable adults.
new text end

new text begin (e) Work group members shall serve without compensation or expense
reimbursement.
new text end

new text begin (f) The work group shall issue a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over civil law, judiciary, and health and
human services by January 15, 2017.
new text end

new text begin (g) The work group expires 30 days following the completion of the work required
by this section.
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. 40. new text beginAPPROPRIATION.
new text end

new text begin $24,000 is appropriated in fiscal year 2017 from the general fund to the
commissioner of health to administer the task force on medical cannabis therapeutic
research under Minnesota Statutes, section 152.36, and for the task force to conduct the
impact assessment on the use of cannabis for medicinal purposes.
new text end

Sec. 41. new text beginAPPROPRIATION CANCELLATION.
new text end

new text begin Effective July 1, 2016, the appropriation in Laws 2014, chapter 311, section 21,
subdivision 2, of $24,000 to the Legislative Coordinating Commission is canceled to the
general fund.
new text end