SF 1927

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; permitting the establishment of a 
  1.3             medical education and research trust fund; modifying 
  1.4             the provisions related to managed care organizations; 
  1.5             modifying the provisions related to children's camps; 
  1.6             modifying the licensing provisions for alcohol and 
  1.7             drug counselors; modifying the regulatory provisions 
  1.8             for food and beverage establishments, hotels, motels, 
  1.9             lodging establishments, and resorts; removing certain 
  1.10            reporting requirements for hospitals and surgical 
  1.11            centers; eliminating the directory of the healing 
  1.12            arts; clarifying the religious denomination 
  1.13            exceptions; modifying the definition of recreational 
  1.14            camping area; requiring a report on immunization law 
  1.15            and policy; modifying the risk adjustment association; 
  1.16            amending Minnesota Statutes 1994, sections 62Q.075, 
  1.17            subdivision 2; 144.572; 144.71, subdivisions 1 and 2; 
  1.18            144.72, subdivisions 1 and 2; 144.73, subdivision 1; 
  1.19            144.74; 144A.09, subdivision 1; 144A.20, subdivision 
  1.20            2; 148C.09, by adding a subdivision; and 327.14, 
  1.21            subdivision 8; Minnesota Statutes 1995 Supplement, 
  1.22            sections 62Q.03, subdivision 8; 148C.01, subdivisions 
  1.23            12 and 13; 148C.02, subdivisions 1 and 2; 148C.03, 
  1.24            subdivision 1; 148C.04, subdivisions 3, 4, and by 
  1.25            adding a subdivision; 148C.05, subdivision 1; 148C.06; 
  1.26            148C.11, subdivisions 1 and 3; 157.011, subdivision 1; 
  1.27            157.15, subdivisions 4, 5, 6, 9, 12, 13, 14, and by 
  1.28            adding subdivisions; 157.16; 157.17, subdivision 2; 
  1.29            157.20, subdivision 1, and by adding a subdivision; 
  1.30            and 157.21; proposing coding for new law in Minnesota 
  1.31            Statutes, chapter 62J; repealing Minnesota Statutes 
  1.32            1994, sections 144.691, subdivision 4; 146.14; and 
  1.33            146.20; Minnesota Statutes 1995 Supplement, sections 
  1.34            157.03; 157.15, subdivision 2; 157.18; and 157.19. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36     Section 1.  [62J.69] [MEDICAL EDUCATION AND RESEARCH TRUST 
  1.37  FUND.] 
  1.38     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.39  section, the following definitions apply: 
  1.40     (a) "Medical education" means the accredited clinical 
  2.1   training of physicians (medical students and residents), 
  2.2   dentists, advanced practice nurses (clinical nurse specialist, 
  2.3   certified registered nurse anesthetists, nurse practitioners, 
  2.4   and certified nurse midwives), and physician assistants. 
  2.5      (b) "Clinical training" means accredited training that 
  2.6   occurs in both inpatient and ambulatory care settings. 
  2.7      (c) "Trainee" means students involved in an accredited 
  2.8   clinical training program for medical education as defined in 
  2.9   paragraph (a). 
  2.10     (d) "Health care research" means approved clinical, 
  2.11  outcomes, and health services investigations that are funded by 
  2.12  patient out-of-pocket expenses or a third-party payer. 
  2.13     (e) "Commissioner" means the commissioner of health. 
  2.14     (f) "Teaching institutions" means any hospital, medical 
  2.15  center, clinic, or other organization that currently sponsors or 
  2.16  conducts accredited medical education programs or clinical 
  2.17  research in Minnesota. 
  2.18     Subd. 2.  [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND 
  2.19  RESEARCH.] (a) The commissioner may establish a trust fund for 
  2.20  the purposes of funding medical education and research 
  2.21  activities in the state of Minnesota. 
  2.22     (b) By January 1, 1997, the commissioner may appoint a 
  2.23  commission to provide advice and oversight on the distribution 
  2.24  of funds from the medical education and research trust fund.  If 
  2.25  a commission is appointed the commissioner shall:  (1) consider 
  2.26  the interest of all stakeholders when selecting commission 
  2.27  members; (2) select members that represent both urban and rural 
  2.28  interest; and (3) select members that include ambulatory care as 
  2.29  well as inpatient perspectives.  The commissioner shall appoint 
  2.30  to the commission representatives of the following groups:  
  2.31  medical researchers, public and private academic medical 
  2.32  centers, managed care organizations, Blue Cross and Blue Shield 
  2.33  of Minnesota, commercial carriers, Minnesota Medical 
  2.34  Association, nursing, employers, and other relevant 
  2.35  stakeholders, including consumers.  The commission is governed 
  2.36  by section 15.059 for membership terms and removal of members 
  3.1   and will sunset on June 30, 1999. 
  3.2      (c) Eligible applicants for funds are accredited medical 
  3.3   education teaching institutions, consortia, and programs.  
  3.4   Applications must be received by September 30 of each year for 
  3.5   distribution by January 1 of the following year.  An application 
  3.6   for funds must include the following: 
  3.7      (1) the official name and address of the institution, 
  3.8   facility, or program that is applying for funding; 
  3.9      (2) the name, title, and business address of those persons 
  3.10  responsible for administering the funds; 
  3.11     (3) the total number, type, and specialty orientation of 
  3.12  eligible trainees in each accredited medical education program 
  3.13  applying for funds; 
  3.14     (4) audited clinical training costs per trainee for each 
  3.15  medical education program; 
  3.16     (5) a description of current sources of funding for medical 
  3.17  education costs including a description and dollar amount of all 
  3.18  state and federal financial support; 
  3.19     (6) other revenue received for the purposes of clinical 
  3.20  training; 
  3.21     (7) a statement identifying unfunded costs; and 
  3.22     (8) other supporting information the commissioner, with 
  3.23  advice from the advisory commission, determines is necessary for 
  3.24  the equitable distribution of funds. 
  3.25     (d) The commissioner shall distribute medical education 
  3.26  funds to all qualifying applicants based on the following basic 
  3.27  criteria:  (1) total medical education funds available; (2) 
  3.28  total trainees in each eligible education program; (3) the 
  3.29  statewide average cost per trainee, by type of trainee, in each 
  3.30  medical education program; and (4) a program incentive factor to 
  3.31  be determined each year by the commissioner in consultation with 
  3.32  the advisory commission.  The program incentive factor should 
  3.33  reflect the priorities and needs of the state in terms of health 
  3.34  care workforce.  The incentive factor may not be used if the 
  3.35  commissioner finds (i) that workforce needs and priorities have 
  3.36  not been adequately documented, or (ii) that market forces are 
  4.1   adequately addressing workforce requirements.  Funds distributed 
  4.2   shall not be used to displace current funding appropriations 
  4.3   from federal or state sources. 
  4.4      (e) Medical education programs receiving funds from the 
  4.5   trust fund must submit annual cost and program reports based on 
  4.6   criteria established by the commissioner.  The reports must 
  4.7   include:  
  4.8      (1) the total number of eligible trainees in the program; 
  4.9      (2) the type of programs and residencies funded; 
  4.10     (3) the average cost per trainee and a detailed breakdown 
  4.11  of the components of those costs; 
  4.12     (4) other state or federal appropriations received for the 
  4.13  purposes of clinical training; 
  4.14     (5) other revenue received for the purposes of clinical 
  4.15  training; and 
  4.16     (6) other information the commissioner, with advice from 
  4.17  the advisory commission, deems appropriate to evaluate the 
  4.18  effectiveness of the use of funds for clinical training.  
  4.19     The commissioner, with advice from the advisory commission, 
  4.20  will provide an annual summary report to the legislature on 
  4.21  program implementation due February 15 of each year. 
  4.22     (f) The commissioner is authorized to distribute funds made 
  4.23  available through: 
  4.24     (1) voluntary contributions by employers or other entities; 
  4.25     (2) allocations for the department of human services to 
  4.26  support medical education and research; and 
  4.27     (3) other sources as identified and deemed appropriate by 
  4.28  the legislature for inclusion in the trust fund. 
  4.29     (g) The commission shall continue to study and make 
  4.30  recommendations on:  
  4.31     (1) the funding of medical research consistent with work 
  4.32  currently mandated by the legislature and under way at the 
  4.33  department of health; 
  4.34     (2) the costs and benefits associated with medical 
  4.35  education and research; and 
  4.36     (3) workforce requirements and state priorities. 
  5.1      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  5.2   62Q.03, subdivision 8, is amended to read: 
  5.3      Subd. 8.  [GOVERNANCE.] (a) The association shall be 
  5.4   governed by an interim 19-member board as follows:  one provider 
  5.5   member appointed by the Minnesota Hospital Association; one 
  5.6   provider member appointed by the Minnesota Medical Association; 
  5.7   one provider member appointed by the governor; three members 
  5.8   appointed by the Minnesota Council of HMOs to include an HMO 
  5.9   with at least 50 percent of total membership enrolled through a 
  5.10  public program; three members appointed by Blue Cross and Blue 
  5.11  Shield of Minnesota, to include a member from a Blue Cross and 
  5.12  Blue Shield of Minnesota affiliated health plan with fewer than 
  5.13  50,000 enrollees and located outside the Minneapolis-St. Paul 
  5.14  metropolitan area; two members appointed by the Insurance 
  5.15  Federation of Minnesota; one member appointed by the Minnesota 
  5.16  Association of Counties; and three public members appointed by 
  5.17  the governor, to include at least one representative of a public 
  5.18  program.  The commissioners of health, commerce, human services, 
  5.19  and employee relations shall be nonvoting ex officio members. 
  5.20     (b) The board may elect officers and establish committees 
  5.21  as necessary. 
  5.22     (c) A majority of the members of the board constitutes a 
  5.23  quorum for the transaction of business. 
  5.24     (d) Approval by a majority of the board members present is 
  5.25  required for any action of the board. 
  5.26     (e) Interim board members shall be appointed by July 1, 
  5.27  1994, and shall serve until a new board is elected according to 
  5.28  the plan of operation developed by the association. 
  5.29     (f) A member may designate a representative to act as a 
  5.30  member of the interim board in the member's absence according to 
  5.31  the plan of operation as established in subdivision 8a of this 
  5.32  section. 
  5.33     Sec. 3.  Minnesota Statutes 1994, section 62Q.075, 
  5.34  subdivision 2, is amended to read: 
  5.35     Subd. 2.  [REQUIREMENT.] Beginning July 1, 1995 October 31, 
  5.36  1997, all managed care organizations shall annually file 
  6.1   biennially with the action plans required under section 62Q.07 a 
  6.2   plan describing the actions the managed care organization has 
  6.3   taken and those it intends to take to contribute to achieving 
  6.4   public health goals for each service area in which an enrollee 
  6.5   of the managed care organization resides.  This plan must be 
  6.6   jointly developed in collaboration with the local public health 
  6.7   units, appropriate regional coordinating boards, and other 
  6.8   community organizations providing health services within the 
  6.9   same service area as the managed care organization.  Local 
  6.10  government units with responsibilities and authority defined 
  6.11  under chapters 145A and 256E may designate individuals to 
  6.12  participate in the collaborative planning with the managed care 
  6.13  organization to provide expertise and represent community needs 
  6.14  and goals as identified under chapters 145A and 256E. 
  6.15     Sec. 4.  Minnesota Statutes 1994, section 144.572, is 
  6.16  amended to read: 
  6.17     144.572 [INSTITUTIONS EXCEPTED.] 
  6.18     No rule nor requirement shall be made, nor standard 
  6.19  established under sections 144.50 to 144.56 for any sanitarium, 
  6.20  conducted in accordance with the practice and principles of the 
  6.21  body known as the Church of Christ, Scientist by and for the 
  6.22  adherents of any recognized church or religious denomination for 
  6.23  the purpose of providing care and treatment for those who select 
  6.24  and depend upon spiritual means through prayer alone, in lieu of 
  6.25  medical care, for healing, except as to the sanitary and safe 
  6.26  condition of the premises, cleanliness of operation, and its 
  6.27  physical equipment. 
  6.28     Sec. 5.  Minnesota Statutes 1994, section 144.71, 
  6.29  subdivision 1, is amended to read: 
  6.30     Subdivision 1.  [HEALTH AND SAFETY.] The purpose of 
  6.31  sections 144.71 to 144.74 is to protect the health and safety of 
  6.32  children persons in attendance at children's youth camps.  
  6.33     Sec. 6.  Minnesota Statutes 1994, section 144.71, 
  6.34  subdivision 2, is amended to read: 
  6.35     Subd. 2.  [DEFINITION.] For the purpose of such sections 
  6.36  a children's youth camp is defined as a parcel or parcels of 
  7.1   land with permanent buildings, tents or other structures 
  7.2   together with appurtenances thereon, established or maintained 
  7.3   as living quarters where both food and beverage service and 
  7.4   lodging or the facilities therefor are provided for ten or more 
  7.5   people, operated continuously for a period of five days or more 
  7.6   each year for educational, recreational or vacation purposes, 
  7.7   and the use of the camp is offered to minors free of charge or 
  7.8   for payment of a fee.  
  7.9      Sec. 7.  Minnesota Statutes 1994, section 144.72, 
  7.10  subdivision 1, is amended to read: 
  7.11     Subdivision 1.  [PERMITS.] The state commissioner of health 
  7.12  is authorized to issue permits for the operation of such 
  7.13  children's youth camps and such camps which are required to 
  7.14  obtain such the permits. 
  7.15     Sec. 8.  Minnesota Statutes 1994, section 144.72, 
  7.16  subdivision 2, is amended to read: 
  7.17     Subd. 2.  [APPLICATION.] On or before June first annually, 
  7.18  every person, partnership, limited liability company or 
  7.19  corporation, operating or seeking to operate a children's youth 
  7.20  camp, shall make application in writing to the commissioner for 
  7.21  a permit to conduct a children's youth camp.  Such application 
  7.22  shall be in such form and shall contain such information as the 
  7.23  commissioner may find necessary to determine that the children's 
  7.24  youth camp will be operated and maintained in such a manner as 
  7.25  to protect and preserve the health and safety of the persons 
  7.26  using the camp.  Where a person, partnership, limited liability 
  7.27  company or corporation operates or is seeking to operate more 
  7.28  than one children's youth camp, a separate application shall be 
  7.29  made for each camp. 
  7.30     Sec. 9.  Minnesota Statutes 1994, section 144.73, 
  7.31  subdivision 1, is amended to read: 
  7.32     Subdivision 1.  [INSPECTION OF CAMPS.] It shall be the duty 
  7.33  of the state commissioner of health to make an annual inspection 
  7.34  of each children's youth camp, and where, upon inspection it is 
  7.35  found that there is a failure to protect the health and safety 
  7.36  of the persons using the camp, or a failure to comply with the 
  8.1   camp rules prescribed by the commissioner, the commissioner 
  8.2   shall give notice to the camp operator of such failure, which 
  8.3   notice shall set forth the reason or reasons for such failure. 
  8.4      Sec. 10.  Minnesota Statutes 1994, section 144.74, is 
  8.5   amended to read: 
  8.6      144.74 [RULES, STANDARDS.] 
  8.7      The state commissioner of health is authorized to adopt and 
  8.8   enforce such reasonable rules and standards as the commissioner 
  8.9   determines necessary to protect the health and safety of 
  8.10  children persons in attendance at children's youth camps.  Such 
  8.11  rules and standards may include reasonable restrictions and 
  8.12  limitations on the following: 
  8.13     (1) Camp sites and buildings, including location, layout, 
  8.14  lighting, ventilation, heating, plumbing, drainage and sleeping 
  8.15  quarters; 
  8.16     (2) Sanitary facilities, including water supply, toilet and 
  8.17  shower facilities, sewage and excreta disposal, waste and 
  8.18  garbage disposal, and the control of insects and rodents, and 
  8.19     (3) Food service, including storage, refrigeration, 
  8.20  sanitary preparation and handling of food, the cleanliness of 
  8.21  kitchens and the proper functioning of equipment. 
  8.22     Sec. 11.  Minnesota Statutes 1994, section 144A.09, 
  8.23  subdivision 1, is amended to read: 
  8.24     Subdivision 1.  [CHURCH OF CHRIST, SCIENTIST SPIRITUAL 
  8.25  MEANS FOR HEALING.] No rule established under sections 144A.01 
  8.26  to 144A.16 other than a rule relating to sanitation and safety 
  8.27  of premises, to cleanliness of operation or to physical 
  8.28  equipment, shall apply to a nursing home conducted in accordance 
  8.29  with the teachings of the body known as the Church of Christ, 
  8.30  Scientist by and for the adherents of any recognized church or 
  8.31  religious denomination for the purpose of providing care and 
  8.32  treatment for those who select and depend upon spiritual means 
  8.33  through prayer alone, in lieu of medical care, for healing. 
  8.34     Sec. 12.  Minnesota Statutes 1994, section 144A.20, 
  8.35  subdivision 2, is amended to read: 
  8.36     Subd. 2.  [EXCEPTION.] Notwithstanding any law to the 
  9.1   contrary, no person desiring to be licensed to administer a 
  9.2   nursing home operated exclusively in accordance with the 
  9.3   teachings of the body known as the Church of Christ, 
  9.4   Scientist by and for the adherents of any recognized church or 
  9.5   religious denomination for the purpose of providing care and 
  9.6   treatment for those who select and depend upon spiritual means 
  9.7   through prayer alone, in lieu of medical care, for healing, 
  9.8   shall be required to demonstrate proficiency in any medical 
  9.9   technique or meet any medical educational qualification or 
  9.10  medical standard which is not in accord with the type of 
  9.11  remedial care and treatment provided in a nursing home operated 
  9.12  exclusively in accordance with the teachings of that body. 
  9.13     Sec. 13.  Minnesota Statutes 1995 Supplement, section 
  9.14  148C.01, subdivision 12, is amended to read: 
  9.15     Subd. 12.  [SUPERVISED ALCOHOL AND DRUG COUNSELING 
  9.16  EXPERIENCE.] Except during the transition period, "supervised 
  9.17  alcohol and drug counseling experience" means practical 
  9.18  experience gained by a student, volunteer, or intern, and 
  9.19  supervised by a person either licensed under this chapter or 
  9.20  exempt under its provisions; either before, during, or after the 
  9.21  student completes a program from an accredited school 
  9.22  or education educational program of alcohol and drug counseling. 
  9.23     Sec. 14.  Minnesota Statutes 1995 Supplement, section 
  9.24  148C.01, subdivision 13, is amended to read: 
  9.25     Subd. 13.  [ALCOHOL AND DRUG COUNSELING PRACTICUM.] 
  9.26  "Alcohol and drug counseling practicum" means formal experience 
  9.27  gained by a student and supervised by a person either licensed 
  9.28  under this chapter or exempt under its provisions, in an 
  9.29  accredited school or educational program of alcohol and drug 
  9.30  counseling as part of the education requirements of this chapter.
  9.31     Sec. 15.  Minnesota Statutes 1995 Supplement, section 
  9.32  148C.02, subdivision 1, is amended to read: 
  9.33     Subdivision 1.  [MEMBERSHIP.] The alcohol and drug 
  9.34  counselors licensing advisory council consists of 13 members.  
  9.35  The commissioner shall appoint: 
  9.36     (1) except for those members initially appointed, seven 
 10.1   members who must be licensed alcohol and drug dependency 
 10.2   counselors; 
 10.3      (2) three members who must be public members as defined by 
 10.4   section 214.02; 
 10.5      (3) one member who must be a director or coordinator of an 
 10.6   accredited alcohol and drug dependency training program; and 
 10.7      (4) one member who must be a former consumer of alcohol and 
 10.8   drug dependency counseling service and who must have received 
 10.9   the service more than three years before the person's 
 10.10  appointment. 
 10.11     The American Indian advisory committee to the department of 
 10.12  human services chemical dependency office shall appoint the 
 10.13  remaining member. 
 10.14     Sec. 16.  Minnesota Statutes 1995 Supplement, section 
 10.15  148C.02, subdivision 2, is amended to read: 
 10.16     Subd. 2.  [DUTIES.] (a) The advisory council shall: 
 10.17     (1) provide advice and recommendations to the commissioner 
 10.18  on the development of rules for the licensure of alcohol and 
 10.19  drug counselors; 
 10.20     (2) provide advice and recommendations to the commissioner 
 10.21  on the development of standards and procedures for the 
 10.22  competency testing, licensing, and review of alcohol and drug 
 10.23  counselors' professional conduct; 
 10.24     (3) provide advice and recommendations to the commissioner 
 10.25  in disciplinary cases in the areas of counselor competency 
 10.26  issues, counselor practice issues, and counselor impairment 
 10.27  issues. 
 10.28     (b) The advisory council shall form an education committee, 
 10.29  including a chair, and which shall advise the commissioner on 
 10.30  the review and administration of the education requirements in 
 10.31  section sections 148C.04 and 148C.05, subdivision 2. 
 10.32     Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 10.33  148C.03, subdivision 1, is amended to read: 
 10.34     Subdivision 1.  [GENERAL.] The commissioner shall, after 
 10.35  consultation with the advisory council or a subcommittee or the 
 10.36  special licensing criteria committee established under section 
 11.1   148C.11, subdivision 3, paragraph (b): 
 11.2      (a) adopt and enforce rules for licensure of alcohol and 
 11.3   drug counselors, including establishing standards and methods of 
 11.4   determining whether applicants and licensees are qualified under 
 11.5   section 148C.04.  The rules must provide for examinations and 
 11.6   establish standards for the regulation of professional conduct.  
 11.7   The rules must be designed to protect the public; 
 11.8      (b) hold or contract for the administration of examinations 
 11.9   at least twice a year to assess applicants' knowledge and 
 11.10  skills.  The examinations must be written and oral and may be 
 11.11  administered by the commissioner or by a private organization 
 11.12  under contract with the commissioner to administer the licensing 
 11.13  examinations.  Examinations must minimize cultural bias and must 
 11.14  be balanced in various theories relative to practice of alcohol 
 11.15  and drug counseling; 
 11.16     (c) issue licenses to individuals qualified under sections 
 11.17  148C.01 to 148C.11; 
 11.18     (d) issue copies of the rules for licensure to all 
 11.19  applicants; 
 11.20     (e) adopt rules to establish and implement procedures, 
 11.21  including a standard disciplinary process and rules of 
 11.22  professional conduct; 
 11.23     (f) carry out disciplinary actions against licensees; 
 11.24     (g) establish, with the advice and recommendations of the 
 11.25  advisory council, written internal operating procedures for 
 11.26  receiving and investigating complaints and for taking 
 11.27  disciplinary actions as appropriate.  Establishment of the 
 11.28  operating procedures are not subject to rulemaking procedures 
 11.29  under chapter 14; 
 11.30     (h) educate the public about the existence and content of 
 11.31  the rules for chemical dependency alcohol and drug counselor 
 11.32  licensing to enable consumers to file complaints against 
 11.33  licensees who may have violated the rules; 
 11.34     (i) evaluate the rules in order to refine and improve the 
 11.35  methods used to enforce the commissioner's standards; 
 11.36     (j) set, collect, and adjust license fees for alcohol and 
 12.1   drug counselors so that the total fees collected will as closely 
 12.2   as possible equal anticipated expenditures during the biennium, 
 12.3   as provided in section 16A.1285; fees for initial and renewal 
 12.4   application and examinations; late fees for counselors who 
 12.5   submit license renewal applications after the renewal deadline; 
 12.6   and a surcharge fee.  The surcharge fee must include an amount 
 12.7   necessary to recover, over a five-year period, the 
 12.8   commissioner's direct expenditures for the adoption of the rules 
 12.9   providing for the licensure of alcohol and drug counselors.  All 
 12.10  fees received shall be deposited in the state treasury and 
 12.11  credited to the special revenue fund; and 
 12.12     (k) prepare reports on activities related to the licensure 
 12.13  of alcohol and drug counselors according to this subdivision by 
 12.14  October 1 of each even-numbered year.  Copies of the reports 
 12.15  shall be delivered to the legislature in accordance with section 
 12.16  3.195 and to the governor.  The reports shall contain the 
 12.17  following information on the commissioner's activities relating 
 12.18  to the licensure of chemical dependency alcohol and drug 
 12.19  counselors, for the two-year period ending the previous June 30: 
 12.20     (1) a general statement of the activities; 
 12.21     (2) the number of staff hours spent on the activities; 
 12.22     (3) the receipts and disbursements of funds; 
 12.23     (4) the names of advisory council members and their 
 12.24  addresses, occupations, and dates of appointment and 
 12.25  reappointment; 
 12.26     (5) the names and job classifications of employees; 
 12.27     (6) a brief summary of rules proposed or adopted during the 
 12.28  reporting period with appropriate citations to the State 
 12.29  Register and published rules; 
 12.30     (7) the number of persons having each type of license 
 12.31  issued by the commissioner as of June 30 in the year of the 
 12.32  report; 
 12.33     (8) the locations and dates of the administration of 
 12.34  examinations by the commissioner; 
 12.35     (9) the number of persons examined by the commissioner with 
 12.36  the persons subdivided into groups showing age categories, sex, 
 13.1   and states of residency; 
 13.2      (10) the number of persons licensed by the commissioner 
 13.3   after taking the examinations referred to in clause (8) with the 
 13.4   persons subdivided by age categories, sex, and states of 
 13.5   residency; 
 13.6      (11) the number of persons not licensed by the commissioner 
 13.7   after taking the examinations referred to in clause (8) with the 
 13.8   persons subdivided by age categories, sex, and states of 
 13.9   residency; 
 13.10     (12) the number of persons not taking the examinations 
 13.11  referred to in clause (8) who were licensed by the commissioner 
 13.12  or who were denied licensing, the reasons for the licensing or 
 13.13  denial, and the persons subdivided by age categories, sex, and 
 13.14  states of residency; 
 13.15     (13) the number of persons previously licensed by the 
 13.16  commissioner whose licenses were revoked, suspended, or 
 13.17  otherwise altered in status with brief statements of the reasons 
 13.18  for the revocation, suspension, or alteration; 
 13.19     (14) the number of written and oral complaints and other 
 13.20  communications received by the commissioner which allege or 
 13.21  imply a violation of a statute or rule which the commissioner is 
 13.22  empowered to enforce; 
 13.23     (15) a summary, by specific category, of the substance of 
 13.24  the complaints and communications referred to in clause (14) 
 13.25  and, for each specific category, the responses or dispositions; 
 13.26  and 
 13.27     (16) any other objective information which the commissioner 
 13.28  believes will be useful in reviewing the commissioner's 
 13.29  activities. 
 13.30     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 13.31  148C.04, subdivision 3, is amended to read: 
 13.32     Subd. 3.  [LICENSING REQUIREMENTS FOR ALCOHOL AND DRUG 
 13.33  COUNSELORS; EVIDENCE FOR THE FIRST FIVE YEARS.] (a) For five 
 13.34  years after the effective date of the rules authorized in 
 13.35  section 148C.03, the applicant, unless qualified for initial 
 13.36  licensure under this subdivision under section 148C.06 during 
 14.1   the two-year period authorized therein, under section 148C.07, 
 14.2   or under subdivision 4, must furnish evidence satisfactory to 
 14.3   the commissioner that the applicant has met all the requirements 
 14.4   in clauses (1) to (3).  The applicant must have: 
 14.5      (1) Except as provided in subdivision 4, the applicant must 
 14.6   have received an associate degree including 270 clock hours of 
 14.7   alcohol and drug counseling education from an accredited school 
 14.8   or educational program and 880 clock hours of chemical 
 14.9   dependency alcohol and drug counseling practicum; 
 14.10     (2) The applicant must have completed a written case 
 14.11  presentation and satisfactorily passed an oral examination that 
 14.12  demonstrates competence in the core functions; and 
 14.13     (3) The applicant must have satisfactorily passed a written 
 14.14  examination as established by the commissioner.  
 14.15     (b) Unless the applicant qualifies for licensure under this 
 14.16  subdivision, an applicant must furnish evidence satisfactory to 
 14.17  the commissioner that the applicant has met the requirements of 
 14.18  paragraph (a), clauses (1) to (3).  
 14.19     Beginning two years after the effective date of the rules 
 14.20  authorized in section 148C.03, subdivision 1, no person may be 
 14.21  licensed without meeting the requirements in section 148C.04, 
 14.22  subdivision 4, paragraph (a), clauses (2) and (3), or the 
 14.23  special licensing criteria established pursuant to section 
 14.24  148C.11, subdivision 4. 
 14.25     Sec. 19.  Minnesota Statutes 1995 Supplement, section 
 14.26  148C.04, subdivision 4, is amended to read: 
 14.27     Subd. 4.  [ADDITIONAL LICENSING REQUIREMENTS AFTER FIVE 
 14.28  YEARS.] Beginning five years after the effective date of the 
 14.29  rules authorized in section 148C.03, subdivision 1, an applicant 
 14.30  for licensure must have received submit evidence to the 
 14.31  commissioner that the applicant has met one of the following 
 14.32  requirements: 
 14.33     (1) The applicant must have: 
 14.34     (i) received a bachelor's degree from an accredited school 
 14.35  or educational program, and must have completed including 480 
 14.36  clock hours of alcohol and drug counseling education from an 
 15.1   accredited school or educational program and 880 clock hours of 
 15.2   alcohol and drug counseling practicum, 
 15.3      (ii) completed a written case presentation and 
 15.4   satisfactorily passed an oral examination that demonstrates 
 15.5   competence in the core functions, and 
 15.6      (iii) satisfactorily passed a written examination as 
 15.7   established by the commissioner; or 
 15.8      (2) The applicant must meet the requirements of section 
 15.9   148C.07.  
 15.10     Sec. 20.  Minnesota Statutes 1995 Supplement, section 
 15.11  148C.04, is amended by adding a subdivision to read: 
 15.12     Subd. 5.  [ADDITIONAL LICENSING REQUIREMENTS.] Applicants 
 15.13  must also meet the special licensing requirements in section 
 15.14  148C.11, subdivision 4, and in the rules authorized in section 
 15.15  148C.03, subdivision 1, when applicable. 
 15.16     Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 15.17  148C.05, subdivision 1, is amended to read: 
 15.18     Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew a license, 
 15.19  an applicant must: 
 15.20     (1) annually complete a renewal application every two years 
 15.21  on a form provided by the commissioner and submit the annual 
 15.22  biennial renewal fee by the deadline; and 
 15.23     (2) submit additional information if requested by the 
 15.24  commissioner to clarify information presented in the renewal 
 15.25  application.  This information must be submitted within 30 days 
 15.26  of the commissioner's request.  
 15.27     Sec. 22.  Minnesota Statutes 1995 Supplement, section 
 15.28  148C.06, is amended to read: 
 15.29     148C.06 [TRANSITION PERIOD.] 
 15.30     For two years from the effective date of the rules 
 15.31  authorized in section 148C.03, subdivision 1, the commissioner 
 15.32  shall issue a license to an applicant if the applicant meets one 
 15.33  of the following qualifications:  
 15.34     (a) is credentialed as a certified chemical dependency 
 15.35  counselor (CCDC) or certified chemical dependency counselor 
 15.36  reciprocal (CCDCR) by the Institute for Chemical Dependency 
 16.1   Professionals of Minnesota, Inc.; 
 16.2      (b) has 6,000 hours of supervised alcohol and drug 
 16.3   counselor experience as defined by the core functions, 270 clock 
 16.4   hours of alcohol and drug training with a minimum of 60 hours of 
 16.5   this training occurring within the past five years, 300 hours of 
 16.6   alcohol and drug practicum internship, and has successfully 
 16.7   completed the requirements in section 148C.04, subdivision 3, 
 16.8   paragraph (a), clauses (2) and (3); 
 16.9      (c) has 10,000 hours of supervised alcohol and drug 
 16.10  counselor experience as defined by the core functions, 270 clock 
 16.11  hours of alcohol and drug training with a minimum of 60 hours of 
 16.12  this training occurring within the past five years, and has 
 16.13  successfully completed the requirements in section 148C.04, 
 16.14  subdivision 3, paragraph (a), clause (2) or (3), or is 
 16.15  credentialed as a certified chemical dependency practitioner 
 16.16  (CCDP) by the Institute for Chemical Dependency Professionals of 
 16.17  Minnesota, Inc.; 
 16.18     (d) has 14,000 hours of supervised alcohol and drug 
 16.19  counselor experience as defined by the core functions and 270 
 16.20  clock hours of alcohol and drug training with a minimum of 60 
 16.21  hours of this training occurring within the past five years; or 
 16.22     (e) has met the special licensing criteria established 
 16.23  pursuant to section 148C.11.  
 16.24     Sec. 23.  Minnesota Statutes 1994, section 148C.09, is 
 16.25  amended by adding a subdivision to read: 
 16.26     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
 16.27  sign a release authorizing the commissioner to obtain 
 16.28  information from the bureau of criminal apprehension, the 
 16.29  Federal Bureau of Investigation, the office of mental health 
 16.30  practice, the department of human services, the office of health 
 16.31  facilities complaints, and other agencies specified in the 
 16.32  rules.  After the commissioner has given written notice to an 
 16.33  individual who is the subject of a background investigation, the 
 16.34  agencies shall assist the commissioner with the investigation by 
 16.35  giving the commissioner criminal conviction data, reports about 
 16.36  abuse or neglect of clients, and other information specified in 
 17.1   the rules. 
 17.2      Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 17.3   148C.11, subdivision 1, is amended to read: 
 17.4      Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 17.5   148C.01 to 148C.10 shall prevent members of other professions or 
 17.6   occupations from performing functions for which they are 
 17.7   qualified or licensed.  This exception includes, but is not 
 17.8   limited to, licensed physicians, registered nurses, licensed 
 17.9   practical nurses, psychological practitioners, members of the 
 17.10  clergy, attorneys, probation officers, marriage and family 
 17.11  therapists, social workers, licensed professional counselors, 
 17.12  school counselors employed by a school district while acting 
 17.13  within the scope of their employment as a school counselor, and 
 17.14  registered occupational therapists or certified occupational 
 17.15  therapist assistants.  These persons must not, however, use a 
 17.16  title incorporating the words "alcohol and drug counselor" or 
 17.17  "licensed alcohol and drug counselor" or otherwise hold 
 17.18  themselves out to the public by any title or description stating 
 17.19  or implying that they are licensed to engage in the practice of 
 17.20  alcohol and drug counseling. 
 17.21     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 17.22  148C.11, subdivision 3, is amended to read: 
 17.23     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES.] (a) Alcohol and 
 17.24  drug counselors licensed to practice alcohol and drug counseling 
 17.25  according to standards established by federally recognized 
 17.26  tribes, while practicing under tribal jurisdiction, are exempt 
 17.27  from the requirements of this chapter.  In practicing alcohol 
 17.28  and drug counseling under tribal jurisdiction, individuals 
 17.29  licensed under that authority shall be afforded the same rights, 
 17.30  responsibilities, and recognition as persons licensed pursuant 
 17.31  to this chapter. 
 17.32     (b) The commissioner shall develop special licensing 
 17.33  criteria for issuance of a license to alcohol and drug 
 17.34  counselors who:  (1) are members of ethnic minority groups; or 
 17.35  (2) are employed by private, nonprofit agencies, including 
 17.36  agencies operated by private, nonprofit hospitals, whose primary 
 18.1   agency service focus addresses ethnic minority populations.  
 18.2   These licensing criteria may differ from the licensing criteria 
 18.3   specified in section 148C.04.  To develop these criteria, the 
 18.4   commissioner shall establish a committee comprised of but not 
 18.5   limited to representatives from the council on hearing impaired, 
 18.6   the council on affairs of Spanish-speaking people, the council 
 18.7   on Asian-Pacific Minnesotans, the council on Black Minnesotans, 
 18.8   and the Indian affairs council. 
 18.9      Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 18.10  157.011, subdivision 1, is amended to read: 
 18.11     Subdivision 1.  [ESTABLISHMENTS.] The commissioner shall 
 18.12  adopt rules establishing standards for food, and beverage 
 18.13  service establishments, and hotels, motels, lodging 
 18.14  establishments, and resorts. 
 18.15     Sec. 27.  Minnesota Statutes 1995 Supplement, section 
 18.16  157.15, subdivision 4, is amended to read: 
 18.17     Subd. 4.  [BOARDING ESTABLISHMENT.] "Boarding 
 18.18  establishment" means a building, structure, enclosure, or any 
 18.19  part thereof used as, maintained as, advertised as, or held out 
 18.20  to be a place food and beverage service establishment where food 
 18.21  or nonalcoholic beverages, or both, are furnished to five or 
 18.22  more regular boarders, whether with or without sleeping 
 18.23  accommodations, for periods of one week or more. 
 18.24     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 18.25  157.15, subdivision 5, is amended to read: 
 18.26     Subd. 5.  [FOOD AND BEVERAGE SERVICE ESTABLISHMENT.] "Food 
 18.27  and beverage service establishment" means a restaurant, 
 18.28  alcoholic beverage establishment, boarding establishment, mobile 
 18.29  food unit, seasonal food stand, food cart, or special event food 
 18.30  stand building, structure, enclosure, or any part of a building, 
 18.31  structure, or enclosure used as, maintained as, advertised as, 
 18.32  or held out to be an operation that prepares, serves, or 
 18.33  otherwise provides food or beverages, or both, for human 
 18.34  consumption. 
 18.35     Sec. 29.  Minnesota Statutes 1995 Supplement, section 
 18.36  157.15, subdivision 6, is amended to read: 
 19.1      Subd. 6.  [FOOD CART.] "Food cart" means a food and 
 19.2   beverage service establishment that is a nonmotorized vehicle 
 19.3   limited to serving food that is not defined by rule as 
 19.4   potentially hazardous food, except precooked frankfurters and 
 19.5   other ready-to-eat link sausages self-propelled by the operator. 
 19.6      Sec. 30.  Minnesota Statutes 1995 Supplement, section 
 19.7   157.15, subdivision 9, is amended to read: 
 19.8      Subd. 9.  [MOBILE FOOD UNIT.] "Mobile food unit" means a 
 19.9   food and beverage service establishment that is a vehicle 
 19.10  mounted unit, either motorized or trailered, operating no more 
 19.11  than 14 days annually at any one place, and readily movable, 
 19.12  without disassembling, for transport to another location and 
 19.13  remaining for no more than 14 days, annually, at any one place. 
 19.14     Sec. 31.  Minnesota Statutes 1995 Supplement, section 
 19.15  157.15, is amended by adding a subdivision to read: 
 19.16     Subd. 10a.  [POTENTIALLY HAZARDOUS FOOD.] "Potentially 
 19.17  hazardous food" means any food that consists in whole or in part 
 19.18  of milk or milk products, eggs, meat, poultry, fish, shellfish, 
 19.19  mollusk, edible crustacea, or other ingredients, including 
 19.20  synthetic ingredients, in a form capable of supporting rapid and 
 19.21  progressive growth of infectious or toxigenic microorganisms.  
 19.22  The term does not include clean, whole, uncracked, odor-free, 
 19.23  shell eggs or foods which have a pH level of 4.6 or below or a 
 19.24  water activity (aW) value of 0.85 or less. 
 19.25     Sec. 32.  Minnesota Statutes 1995 Supplement, section 
 19.26  157.15, subdivision 12, is amended to read: 
 19.27     Subd. 12.  [RESTAURANT.] "Restaurant" means a building, 
 19.28  structure, enclosure, or any part thereof used as, maintained 
 19.29  as, advertised as, or held out to be a place where food or 
 19.30  nonalcoholic beverages are served or prepared for service to the 
 19.31  public food and beverage service establishment, whether the 
 19.32  establishment serves alcoholic or nonalcoholic beverages, which 
 19.33  operates from a location for more than 14 days annually.  
 19.34  Restaurant does not include a food cart. 
 19.35     Sec. 33.  Minnesota Statutes 1995 Supplement, section 
 19.36  157.15, is amended by adding a subdivision to read: 
 20.1      Subd. 12a.  [SEASONAL PERMANENT FOOD STAND.] "Seasonal 
 20.2   permanent food stand" means a food and beverage service 
 20.3   establishment which is a permanent food service stand or 
 20.4   building, but which operates no more than 14 days annually. 
 20.5      Sec. 34.  Minnesota Statutes 1995 Supplement, section 
 20.6   157.15, subdivision 13, is amended to read: 
 20.7      Subd. 13.  [SEASONAL TEMPORARY FOOD STAND.] "Seasonal 
 20.8   temporary food stand" means a food and beverage service 
 20.9   establishment that is a food stand that which is disassembled 
 20.10  and moved from location to location, remaining but which 
 20.11  operates no more than 14 days, annually, at any one place; or a 
 20.12  permanent food service stand or building that operates no more 
 20.13  than 14 days annually location. 
 20.14     Sec. 35.  Minnesota Statutes 1995 Supplement, section 
 20.15  157.15, subdivision 14, is amended to read: 
 20.16     Subd. 14.  [SPECIAL EVENT FOOD STAND.] "Special event food 
 20.17  stand" means a food and beverage service establishment which is 
 20.18  used in conjunction with celebrations and special events, used 
 20.19  not more than twice annually, and remaining and which operates 
 20.20  once or twice annually for no more than three consecutive seven 
 20.21  total days at any one location. 
 20.22     Sec. 36.  Minnesota Statutes 1995 Supplement, section 
 20.23  157.16, is amended to read: 
 20.24     157.16 [LICENSES REQUIRED; FEES.] 
 20.25     Subdivision 1.  [LICENSE REQUIRED ANNUALLY.] A license is 
 20.26  required annually for every person, firm, or corporation engaged 
 20.27  in the business of conducting a food and beverage service 
 20.28  establishment hotel, motel, restaurant, alcoholic beverage 
 20.29  establishment, boarding establishment, lodging establishment, or 
 20.30  resort, mobile food unit, seasonal food stand, food cart, or 
 20.31  special event food stand or who thereafter engages in conducting 
 20.32  any such business.  Any person wishing to operate a place of 
 20.33  business licensed in this section shall first make application, 
 20.34  pay the required fee specified in this section, and receive 
 20.35  approval for operation, including plan review approval.  
 20.36  Application shall be made on forms provided by the commissioner 
 21.1   and shall require the applicant to state the full name and 
 21.2   address of the owner of the building, structure, or enclosure, 
 21.3   the lessee and manager of the food and beverage service 
 21.4   establishment, hotel, motel, restaurant, alcoholic beverage 
 21.5   establishment, boarding establishment, lodging establishment, or 
 21.6   resort, mobile food unit, seasonal food stand, food cart, or 
 21.7   special event food stand; the name under which the business is 
 21.8   to be conducted; and any other information as may be required by 
 21.9   the commissioner to complete the application for license. 
 21.10     Subd. 2.  [LICENSE RENEWAL.] Initial and renewal licenses 
 21.11  for all food and beverage service establishments, hotels, 
 21.12  motels, restaurants, alcoholic beverage establishments, lodging 
 21.13  establishments, boarding establishments, and resorts, mobile 
 21.14  food units, seasonal food stands, and food carts shall be issued 
 21.15  for the calendar year for which application is made and shall 
 21.16  expire on December 31 of such year.  Any person who operates a 
 21.17  place of business after the expiration date of a license or 
 21.18  without having submitted an application and paid the fee shall 
 21.19  be deemed to have violated the provisions of this chapter and 
 21.20  shall be subject to enforcement action, as provided in the 
 21.21  health enforcement consolidation act, sections 144.989 to 
 21.22  144.993.  In addition, a penalty of $25 shall be added to the 
 21.23  total of the license fee for any food and beverage service 
 21.24  establishment operating without a license as a mobile food unit, 
 21.25  a seasonal temporary or seasonal permanent food stand, and food 
 21.26  cart operating without a license or a special event food stand, 
 21.27  and a penalty of $50 shall be added to the total of the license 
 21.28  fee for all other food, beverage, and restaurants, food carts, 
 21.29  hotels, motels, lodging establishments, and resorts operating 
 21.30  without a license. 
 21.31     Subd. 3.  [ESTABLISHMENT FEES; DEFINITIONS.] For the 
 21.32  purposes of establishing food, beverage, and lodging 
 21.33  establishment fees, the following definitions have the meanings 
 21.34  given them.  (a) The following fees are required for food and 
 21.35  beverage service establishments, hotels, motels, lodging 
 21.36  establishments, and resorts licensed under this chapter.  Food 
 22.1   and beverage service establishments must pay the highest 
 22.2   applicable fee under paragraph (d), clause (1), (2), (3), or 
 22.3   (4), and establishments serving alcohol must pay the highest 
 22.4   applicable fee under paragraph (d), clause (6) or (7). 
 22.5      (b) All food and beverage service establishments, except 
 22.6   special event food stands, and all hotels, motels, lodging 
 22.7   establishments, and resorts shall pay an annual base fee of $100.
 22.8      (c) A special event food stand shall pay a flat fee of $60 
 22.9   annually.  "Special event food stand" means a fee category where 
 22.10  food is prepared or served in conjunction with celebrations or 
 22.11  special events from a special event food stand as defined in 
 22.12  section 157.15. 
 22.13     (d) In addition to the base fee in paragraph (b), each food 
 22.14  and beverage service establishment, other than a special event 
 22.15  food stand, and each hotel, motel, lodging establishment, and 
 22.16  resort shall pay an additional annual fee for each fee category 
 22.17  as specified in this paragraph: 
 22.18     (1) Limited food menu selection, $30. 
 22.19     (a) "Limited food menu selection" means a fee category that 
 22.20  provides one or more of the following: 
 22.21     (1) (i) prepackaged food that receives heat treatment and 
 22.22  is served in the package; 
 22.23     (2) (ii) frozen pizza that is heated and served; 
 22.24     (3) (iii) a continental breakfast such as rolls, coffee, 
 22.25  juice, milk, and cold cereal; 
 22.26     (4) (iv) soft drinks, coffee, or nonalcoholic beverages; or 
 22.27     (5) does not prepare food on site, however serves food that 
 22.28  was prepared elsewhere and provides (v) cleaning of for eating, 
 22.29  drinking, or cooking utensils, when the only food served is 
 22.30  prepared off site. 
 22.31     (2) Small menu selection with limited equipment, including 
 22.32  boarding establishments, $55. 
 22.33     (b) "Small menu selection with limited equipment" means a 
 22.34  fee category that has no salad bar and provides meets one or 
 22.35  more of the following: 
 22.36     (1) (i) possesses food service equipment that is limited to 
 23.1   consists of no more than a deep fat fryer, a grill, two hot 
 23.2   holding containers, and one or more microwave ovens; 
 23.3      (2) service of (ii) serves dipped ice cream or soft serve 
 23.4   frozen desserts; 
 23.5      (3) service of (iii) serves breakfast in an owner-occupied 
 23.6   bed and breakfast establishment; or 
 23.7      (4) (iv) is a boarding establishment. 
 23.8      (3) Small establishment with full menu selection, $150. 
 23.9      (c) "Small establishment with full menu selection" means a 
 23.10  fee category that provides meets one or more of the following: 
 23.11     (1) (i) possesses food service equipment that includes a 
 23.12  range, oven, steam table, salad bar, or salad preparation area; 
 23.13     (2) (ii) possesses food service equipment that includes 
 23.14  more than one deep fat fryer, one grill, or two hot holding 
 23.15  containers; or 
 23.16     (3) (iii) is an establishment where food is prepared at one 
 23.17  location and served at one or more separate locations. 
 23.18     (4) Large establishment with full menu selection, $250. 
 23.19     (d) "Large establishment with full menu selection" means 
 23.20  either 
 23.21     (i) a fee category that (1) meets the criteria in paragraph 
 23.22  (c), clause (1) or (2) clause (3), subclause (i) or (ii), for a 
 23.23  small establishment with full menu selection and: (1), (2) seats 
 23.24  more than 175 people; (2), and (3) offers the full menu 
 23.25  selection an average of five or more days a week during the 
 23.26  weeks of operation; or means 
 23.27     (ii) a service fee category that (1) meets the criteria in 
 23.28  paragraph (c), clause (3), subclause (iii), for a small 
 23.29  establishment with full menu selection;, and (3) (2) prepares 
 23.30  and serves 500 or more meals per day. 
 23.31     (e) "Temporary food service" means a fee category where 
 23.32  food is prepared and served from a mobile food unit, seasonal 
 23.33  food stand, or food cart. 
 23.34     (f) "Alcohol service from bar" means a fee category where 
 23.35  alcoholic mixed drinks are served, or where beer or wine are 
 23.36  served from a bar. 
 24.1      (5) Other food and beverage service, including food carts, 
 24.2   mobile food units, seasonal temporary food stands, and seasonal 
 24.3   permanent food stands, $30. 
 24.4      (6) Beer or wine table service, $30. 
 24.5      (g) "Beer or wine table service" means a fee category where 
 24.6   the only alcoholic beverage service is beer or wine, served to 
 24.7   customers seated at tables. 
 24.8      (h) "Individual water" means a fee category with a water 
 24.9   supply other than a community public water supply as defined in 
 24.10  Minnesota Rules, chapter 4720. 
 24.11     (i) "Individual sewer" means a fee category with an 
 24.12  individual sewage treatment system which uses subsurface 
 24.13  treatment and disposal. 
 24.14     (7) Alcoholic beverage service, other than beer or wine 
 24.15  table service, $75. 
 24.16     "Alcohol service other than beer or wine table service" 
 24.17  means a fee category where alcoholic mixed drinks are served or 
 24.18  where beer or wine are served from a bar. 
 24.19     (8) Lodging per sleeping accommodation unit, $4, including 
 24.20  hotels, motels, lodging establishments, and resorts, up to a 
 24.21  maximum of $400. 
 24.22     (j) "Lodging per sleeping accommodation unit" means a fee 
 24.23  category including the number of guest rooms, cottages, or other 
 24.24  rental units of a hotel, motel, lodging establishment, or 
 24.25  resort; or the number of beds in a dormitory. 
 24.26     (9) First public swimming pool, $100; each additional 
 24.27  public swimming pool, $50. 
 24.28     (k) "Public swimming pool" means a fee category that has 
 24.29  the meaning given in Minnesota Rules, part 4717.0250, subpart 8. 
 24.30     (10) First spa, $50; each additional spa, $25. 
 24.31     (l) "Spa pool" means a fee category that has the meaning 
 24.32  given in Minnesota Rules, part 4717.0250, subpart 9. 
 24.33     (m) "Special event food stand" means a fee category where 
 24.34  food is prepared and served in conjunction with celebrations or 
 24.35  special events, but not more than twice annually, and where the 
 24.36  facility is used no more than three consecutive days per event. 
 25.1      (11) Private sewer or water, $30. 
 25.2      "Individual private water" means a fee category with a 
 25.3   water supply other than a community public water supply as 
 25.4   defined in Minnesota Rules, chapter 4720.  "Individual private 
 25.5   sewer" means a fee category with an individual sewage treatment 
 25.6   system which uses subsurface treatment and disposal. 
 25.7      (e) A fee is not required for a food and beverage service 
 25.8   establishment operated by a school as defined in sections 120.05 
 25.9   and 120.101. 
 25.10     (f) A fee of $150 for review of the construction plans must 
 25.11  accompany the initial license application for food and beverage 
 25.12  service establishments, hotels, motels, lodging establishments, 
 25.13  or resorts. 
 25.14     (g) When existing food and beverage service establishments, 
 25.15  hotels, motels, lodging establishments, or resorts are 
 25.16  extensively remodeled, a fee of $150 must be submitted with the 
 25.17  remodeling plans. 
 25.18     (h) Seasonal temporary food stands and special event food 
 25.19  stands are not required to pay a fee for either an initial 
 25.20  construction plan review or a remodeling plan review. 
 25.21     Subd. 4.  [POSTING REQUIREMENTS.] Every food and beverage 
 25.22  service establishment, hotel, motel, lodging establishment, or 
 25.23  resort must have the license posted in a conspicuous place at 
 25.24  the establishment. 
 25.25     Sec. 37.  Minnesota Statutes 1995 Supplement, section 
 25.26  157.17, subdivision 2, is amended to read: 
 25.27     Subd. 2.  [REGISTRATION.] At the time of licensure or 
 25.28  license renewal, a board boarding and lodging establishment or a 
 25.29  lodging establishment that provides supportive services or 
 25.30  health supervision services must register be registered with the 
 25.31  commissioner, and must register annually thereafter.  The 
 25.32  registration must include the name, address, and telephone 
 25.33  number of the establishment, the name of the operator, the types 
 25.34  of services that are being provided, a description of the 
 25.35  residents being served, the type and qualifications of staff in 
 25.36  the facility, and other information that is necessary to 
 26.1   identify the needs of the residents and the types of services 
 26.2   that are being provided.  The commissioner shall develop and 
 26.3   furnish to the boarding and lodging establishment or lodging 
 26.4   establishment the necessary form for submitting the 
 26.5   registration.  The requirement for registration is effective 
 26.6   until the rules required by sections 144B.01 to 144B.17 are 
 26.7   effective. 
 26.8      Sec. 38.  Minnesota Statutes 1995 Supplement, section 
 26.9   157.20, subdivision 1, is amended to read: 
 26.10     Subdivision 1.  [INSPECTIONS.] It shall be the duty of the 
 26.11  commissioner to inspect, or cause to be inspected, every food 
 26.12  and beverage service establishment, hotel, motel, restaurant, 
 26.13  alcoholic beverage establishment, boarding establishment, 
 26.14  lodging establishment, or resort, mobile food unit, seasonal 
 26.15  food stand, food cart, and special event food stand in this 
 26.16  state.  For the purpose of conducting inspections, the 
 26.17  commissioner shall have the right to enter and have access 
 26.18  thereto at any time during the conduct of business. 
 26.19     Sec. 39.  Minnesota Statutes 1995 Supplement, section 
 26.20  157.20, is amended by adding a subdivision to read: 
 26.21     Subd. 2a.  [RISK CATEGORIES.] (a) [HIGH-RISK 
 26.22  ESTABLISHMENT.] "High-risk establishment" means any food and 
 26.23  beverage service establishment, hotel, motel, lodging 
 26.24  establishment, or resort that: 
 26.25     (1) serves potentially hazardous foods that require 
 26.26  extensive processing on the premises, including manual handling, 
 26.27  cooling, reheating, or holding for service; 
 26.28     (2) prepares foods several hours or days before service; 
 26.29     (3) serves menu items that epidemologic experience has 
 26.30  demonstrated to be common vehicles of food-borne illness; 
 26.31     (4) has a public swimming pool; or 
 26.32     (5) draws its drinking water from a surface water supply. 
 26.33     (b) [MEDIUM-RISK ESTABLISHMENT.] "Medium-risk establishment"
 26.34  means a food and beverage service establishment, hotel, motel, 
 26.35  lodging establishment, or resort that: 
 26.36     (1) serves potentially hazardous foods but with minimal 
 27.1   holding between preparation and service; or 
 27.2      (2) serves foods, such as pizza, that require extensive 
 27.3   handling followed by heat treatment. 
 27.4      (c) [LOW-RISK ESTABLISHMENT.] "Low-risk establishment" 
 27.5   means a food and beverage service establishment, hotel, motel, 
 27.6   lodging establishment, or resort that is not a high-risk or 
 27.7   medium-risk establishment. 
 27.8      (d) [RISK EXCEPTIONS.] Mobile food units, seasonal 
 27.9   permanent and seasonal temporary food stands, food carts, and 
 27.10  special event food stands are not inspected on an established 
 27.11  schedule and therefore are not defined as high-risk, 
 27.12  medium-risk, or low-risk establishments. 
 27.13     Sec. 40.  Minnesota Statutes 1995 Supplement, section 
 27.14  157.21, is amended to read: 
 27.15     157.21 [INSPECTION RECORDS.] 
 27.16     The commissioner shall keep inspection records for all food 
 27.17  and beverage service establishments, hotels, motels, 
 27.18  restaurants, alcoholic beverage establishments, boarding 
 27.19  establishments, lodging establishments, and resorts, mobile food 
 27.20  units, seasonal food stands, food carts, and special event food 
 27.21  stands, together with the name of the owner and operator. 
 27.22     Sec. 41.  Minnesota Statutes 1994, section 327.14, 
 27.23  subdivision 8, is amended to read: 
 27.24     Subd. 8.  [RECREATIONAL CAMPING AREA.] "Recreational 
 27.25  camping area" means any area, whether privately or publicly 
 27.26  owned, used on a daily, nightly, weekly, or longer basis for the 
 27.27  accommodation of five or more tents or recreational camping 
 27.28  vehicles free of charge or for compensation.  "Recreational 
 27.29  camping area" excludes children's camps, industrial camps, 
 27.30  migrant labor camps, as defined in Minnesota Statutes and state 
 27.31  commissioner of health rules, United States forest service 
 27.32  camps, state forest service camps, state wildlife management 
 27.33  areas or state-owned public access areas which are restricted in 
 27.34  use to picnicking and boat landing, and a temporary holding area 
 27.35  for self-contained recreational camping vehicles created by and 
 27.36  adjacent to a motor sports facility if the area is ordered by 
 28.1   the chief law enforcement officer of the jurisdiction in the 
 28.2   interest of public safety. 
 28.3      Sec. 42.  [REPORT ON IMMUNIZATION LAW AND POLICY.] 
 28.4      By January 15, 1997, the commissioner of health shall 
 28.5   report recommendations to the legislature and governor relating 
 28.6   to Minnesota immunization law and policy regarding 
 28.7   vaccine-preventable diseases for which immunization is not 
 28.8   currently required by law, including, but not limited to, 
 28.9   hepatitis A, hepatitis B, varicella, and other vaccine- 
 28.10  preventable diseases identified by the commissioner. 
 28.11     Sec. 43.  [INSTRUCTION TO REVISOR.] 
 28.12     In each section of Minnesota Statutes referred to in column 
 28.13  A, the revisor of statutes shall delete the reference in column 
 28.14  B and insert the reference in column C.  The references in 
 28.15  column C may be changed by the revisor to the section of 
 28.16  Minnesota Statutes in which the bill sections are compiled. 
 28.17       Column A                     Column B           Column C
 28.18       28A.15, subdivision 5        157.03             157.16
 28.19       157.15, subdivision 1        157.03             157.011
 28.20       160.295, subdivision 3       157.03             157.16
 28.21       256B.0913, subdivision 5     157.03             157.011
 28.22       299F.46, subdivision 1       157.03             157.011
 28.23     Sec. 44.  [REPEALER.] 
 28.24     Minnesota Statutes 1994, sections 144.691, subdivision 4; 
 28.25  146.14; and 146.20; Minnesota Statutes 1995 Supplement, sections 
 28.26  157.03; 157.15, subdivision 2; 157.18; and 157.19, are repealed.