SF 2083

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:34pm

A bill for an act
relating to higher education; classifying data; amending postsecondary education
provisions; setting deadlines; allowing certain advertising; establishing
the Minnesota P-20 education partnership; regulating course equivalency
guides; requiring notice to prospective students; requiring lists of enrolled
students; amending Minnesota Office of Higher Education responsibilities;
establishing programs; defining terms; regulating grants, scholarships, and
work-study; requiring an annual certificate; regulating certain board membership
provisions; requiring job placement impact reviews; regulating oral health
care practitioner provisions; establishing fees; providing criminal penalties;
requiring reports; appropriating money; amending Minnesota Statutes 2008,
sections 13.3215; 124D.09, subdivision 9; 135A.08, subdivision 1; 135A.17,
subdivision 2; 135A.25, subdivision 4; 136A.08, subdivision 1, by adding a
subdivision; 136A.101, subdivision 5a; 136A.121, by adding subdivisions;
136A.127, subdivisions 2, 4, 9, 10, 12, 14, by adding a subdivision; 136A.1701,
subdivision 10; 136A.87; 136F.02, subdivision 1; 136F.03, subdivision 4;
136F.04, subdivision 4; 136F.045; 136F.19, subdivision 1; 136F.31; 137.0245,
subdivision 2; 137.0246, subdivision 2; 137.025, subdivision 1; 150A.01, by
adding subdivisions; 150A.05, subdivision 2, by adding subdivisions; 150A.06,
subdivisions 2d, 5, 6, by adding subdivisions; 150A.08, subdivisions 1, 3a, 5;
150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 5, 8, 10; 150A.10,
subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12; 150A.21, subdivisions
1, 4; 151.01, subdivision 23; 151.37, subdivision 2; 201.061, subdivision 3;
299A.45, subdivision 1; Laws 2007, chapter 144, article 1, section 4, subdivision
3; proposing coding for new law in Minnesota Statutes, chapters 127A; 135A;
136A; 136F; 150A; repealing Minnesota Statutes 2008, sections 136A.127,
subdivisions 8, 13; 150A.061.

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

ARTICLE 1

HIGHER EDUCATION APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Summary By Fund. new text end

new text begin The amounts shown in this subdivision
summarize direct appropriations, by fund, made in this article.
new text end

new text begin SUMMARY BY FUND new text end
		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 1,439,812,000 new text end	new text begin $ new text end	new text begin 1,496,072,000 new text end	new text begin $ new text end	new text begin 2,935,884,000 new text end
new text begin Health Care Access new text end	new text begin new text end	new text begin 2,157,000 new text end	new text begin new text end	new text begin 2,157,000 new text end	new text begin new text end	new text begin 4,314,000 new text end
new text begin Federal new text end	new text begin new text end	new text begin 117,725,000 new text end	new text begin new text end	new text begin 0 new text end	new text begin new text end	new text begin 117,725,000 new text end
new text begin State Government Special Revenue new text end		new text begin 93,000 new text end		new text begin 17,000 new text end		new text begin 110,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,559,787,000 new text end	new text begin $ new text end	new text begin 1,498,246,000 new text end	new text begin $ new text end	new text begin 3,058,033,000 new text end

new text begin Subd. 2. new text end

new text begin Summary By Agency - All Funds. new text end

new text begin The amounts shown in this subdivision
summarize direct appropriations, by agency, made in this article.
new text end

new text begin SUMMARY BY AGENCY - ALL FUNDS new text end
		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin Minnesota Office of Higher Education new text end	new text begin $ new text end	new text begin 191,224,000 new text end	new text begin $ new text end	new text begin 190,083,000 new text end	new text begin $ new text end	new text begin 381,307,000 new text end
new text begin Mayo Medical Foundation new text end	new text begin new text end	new text begin 1,209,000 new text end	new text begin new text end	new text begin 1,256,000 new text end	new text begin new text end	new text begin 2,465,000 new text end
new text begin Board of Trustees of the Minnesota State Colleges and Universities new text end	new text begin new text end	new text begin 675,424,000 new text end	new text begin new text end	new text begin 644,038,000 new text end	new text begin new text end	new text begin 1,319,462,000 new text end
new text begin Board of Regents of the University of Minnesota new text end	new text begin new text end	new text begin 691,837,000 new text end	new text begin new text end	new text begin 662,852,000 new text end	new text begin new text end	new text begin 1,354,689,000 new text end
new text begin Board of Dentistry new text end		new text begin 93,000 new text end		new text begin 17,000 new text end		new text begin 110,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,559,787,000 new text end	new text begin $ new text end	new text begin 1,498,246,000 new text end	new text begin $ new text end	new text begin 3,058,033,000 new text end

Sec. 2. new text begin HIGHER EDUCATION APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin MINNESOTA OFFICE OF HIGHER EDUCATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 191,224,000 new text end

new text begin $ new text end

new text begin 190,083,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin State Grants new text end

new text begin 144,138,000 new text end

new text begin 144,138,000 new text end

new text begin If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin For the biennium, the tuition maximum
is $11,038 in each year for students in
four-year programs, and $6,908 for students
in two-year programs.
new text end

new text begin This appropriation sets the living and
miscellaneous expense allowance at $6,447
each year.
new text end

new text begin Up to $75,000 of this appropriation may be
used to complete computer programming
changes necessary to implement new
Minnesota Statutes, section 136A.121,
subdivision 9b.
new text end

new text begin Amounts in the state grant program under
Minnesota Statutes, section 136A.121, made
available for reallocation due to the increase
in the federal Pell grant program must
remain allocated to the state grant program to
provide additional resources to students.
new text end

new text begin Subd. 3. new text end new text begin Safety Officers Survivors new text end

new text begin 100,000 new text end

new text begin 100,000 new text end

new text begin This appropriation is to provide educational
benefits under Minnesota Statutes, section
299A.45, to eligible dependent children and
to the spouses of public safety officers killed
in the line of duty.
new text end

new text begin If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin Subd. 4. new text end new text begin Child Care Grants new text end

new text begin 6,184,000 new text end

new text begin 6,184,000 new text end

new text begin Subd. 5. new text end new text begin State Work-Study new text end

new text begin 12,444,000 new text end

new text begin 12,444,000 new text end

new text begin Subd. 6. new text end new text begin Achieve Scholarship Program new text end

new text begin 8,643,000 new text end

new text begin 7,486,000 new text end

new text begin (1) For scholarships under Minnesota
Statutes, section 136A.127.
new text end

new text begin (2) This appropriation includes $4,000,000
that must be used in the 2010-2011 biennium
for advising and counseling grants, to support
access to rigorous high school courses and
college attendance programs. This includes,
but is not limited to, college in the schools
and postsecondary enrollment options,
grants under the Intervention for College
Attendance Program, additional funding for
the Get Ready Program or local recipients of
federal TRIO program money, local college
access programs, and to increase support
for schools and school districts to improve
high school counseling. This is a onetime
appropriation.
new text end

new text begin (3) To provide continuity in program services
and facilitate data collection that measures
Advising and Counseling College Program
outcomes, the director must, in selecting
grant recipients for the 2010-2011 biennium,
give priority to 2008-2009 grantees that
provide up-to-date annual outcome data
on services provided, students served, and
other information requested by the director.
Projects whose funding is renewed, must:
new text end

new text begin (i) retain an emphasis on beginning early in a
student's time in school to prepare students
for academic success in college; and
new text end

new text begin (ii) use objective measures to report on the
project's impacts on student achievement,
student enrollment in rigorous courses,
high school attendance and success in
postsecondary education, and college
counseling effectiveness.
new text end

new text begin The base funding for this program is
$9,544,000 in fiscal year 2012 and
$11,845,000 in fiscal year 2013.
new text end

new text begin Subd. 7. new text end new text begin Indian Scholarships new text end

new text begin 1,875,000 new text end

new text begin 1,875,000 new text end

new text begin The director must contract with at least one
person with demonstrated competence in
American Indian culture and residing in or
near the city of Bemidji to assist students
with the scholarships under Minnesota
Statutes, section 136A.126, and with other
information about financial aid for which
the students may be eligible. Bemidji State
University must provide office space at
no cost to the Minnesota Office of Higher
Education for purposes of administering the
American Indian scholarship program under
Minnesota Statutes, section 136A.126.
new text end

new text begin Subd. 8. new text end new text begin TEACH Program new text end

new text begin 250,000 new text end

new text begin 250,000 new text end

new text begin For a grant under Minnesota Statutes, section
136A.128.
new text end

new text begin Subd. 9. new text end new text begin Intervention for College Attendance Program Grants new text end

new text begin 496,000 new text end

new text begin 496,000 new text end

new text begin For grants under Minnesota Statutes,
section 136A.861. Up to $50,000 of this
appropriation each year may be used for
administrative expenses.
new text end

new text begin To provide continuity in program services
and facilitate data collection that measures
Intervention for College Attendance
Program outcomes, the director must, in
selecting grant recipients for the 2010-2011
biennium, give priority to 2008-2009
grantees that provide up-to-date annual
program participation and outcome data
regarding their success in increasing high
school graduation, college participation, and
college graduation of students served by the
program; and other information requested
by the director. Projects whose funding is
renewed, must:
new text end

new text begin (1) retain an emphasis on enhancing
academic readiness for college attendance
and success in college for participants in
grades 6 to 12; or
new text end

new text begin (2) if the program's participants are college
students, document that they are providing
academic support services to participants
that ensure success in college.
new text end

new text begin Grantees must submit data to the director
about the number of students in the project's
service area that would be eligible for the
program, but are not being served and a plan
for providing services to those students.
new text end

new text begin In the report under Minnesota Statutes,
section 136A.861, the office must make
recommendations on which aspects of the
programs and services delivered through
grants under Minnesota Statutes, section
136A.861, are most effective in improving
college readiness and/or retention and have
the potential to be expanded to provide
services to a regional or statewide population.
new text end

new text begin Subd. 10. new text end new text begin Midwest Higher Education Compact new text end

new text begin 95,000 new text end

new text begin 95,000 new text end

new text begin Subd. 11. new text end new text begin United Family Medicine Residency Program new text end

new text begin 418,000 new text end

new text begin 434,000 new text end

new text begin For a grant to the United Family Medicine
residency program. This appropriation
shall be used to support up to 18 resident
physicians each year in family practice at
United Family Medicine residency programs
and shall prepare doctors to practice family
care medicine in underserved rural and
urban areas of the state. It is intended that
this program will improve health care in
underserved communities, provide affordable
access to appropriate medical care, and
manage the treatment of patients in a more
cost-effective manner.
new text end

new text begin Subd. 12. new text end new text begin Interstate Tuition Reciprocity new text end

new text begin 2,750,000 new text end

new text begin 2,750,000 new text end

new text begin If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available to meet
reciprocity contract obligations.
new text end

new text begin The base funding for this program is
$3,150,000 in fiscal year 2012 and
$3,250,000 in fiscal year 2013.
new text end

new text begin Subd. 13. new text end new text begin Minnesota College Savings Plan new text end

new text begin 700,000 new text end

new text begin 700,000 new text end

new text begin Subd. 14. new text end new text begin Learning Network of Minnesota new text end

new text begin 4,535,000 new text end

new text begin 4,535,000 new text end

new text begin Subd. 15. new text end new text begin MnLINK Gateway and Minitex new text end

new text begin 5,720,000 new text end

new text begin 5,720,000 new text end

new text begin Subd. 16. new text end new text begin Other Programs new text end

new text begin 357,000 new text end

new text begin 357,000 new text end

new text begin This appropriation includes $125,000 each
year for student and parent information,
$184,000 each year for the get ready outreach
program, and $48,000 each year for a
grant to the Minnesota Minority Education
Partnership.
new text end

new text begin Subd. 17. new text end new text begin Agency Administration new text end

new text begin 2,519,000 new text end

new text begin 2,519,000 new text end

new text begin This appropriation includes $100,000 each
year to administer the Achieve Scholarship
Program and $75,000 each year to administer
the Indian Scholarship Program.
new text end

new text begin Subd. 18. new text end new text begin Balances Forward new text end

new text begin A balance in the first year under this section
does not cancel, but is available for the
second year.
new text end

new text begin Subd. 19. new text end new text begin Transfers new text end

new text begin The Minnesota Office of Higher Education
may transfer unencumbered balances from
the appropriations in this section to the state
grant appropriation, the interstate tuition
reciprocity appropriation, the child care
grant appropriation, the Indian scholarship
appropriation, the state work-study
appropriation, the achieve scholarship
appropriation, the public safety officers'
survivors appropriation, and the Minnesota
college savings plan appropriation. Transfers
from the child care or state work-study
appropriations may only be made to the
extent there is a projected surplus in the
appropriation. A transfer may be made
only with prior written notice to the chairs
of the senate and house of representatives
committees with jurisdiction over higher
education finance.
new text end

new text begin Subd. 20. new text end new text begin TANF Work-Study new text end

new text begin Notwithstanding any rule to the contrary,
work-study jobs funded by a TANF
appropriation do not require employer
matching funds.
new text end

Sec. 4. new text begin BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 675,424,000 new text end

new text begin $ new text end

new text begin 644,038,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 615,362,000 new text end	new text begin 644,038,000 new text end
new text begin Federal new text end	new text begin 60,062,000 new text end	new text begin 0 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin General Appropriation new text end

new text begin 615,362,000 new text end

new text begin 644,038,000 new text end

new text begin (1) This appropriation includes funding for
operation and maintenance of the system.
new text end

new text begin (2) This appropriation includes funding
to eliminate nonresident undergraduate
tuition at Century College, St. Paul College,
Minneapolis Community and Technical
College, Rochester Community and
Technical College, Inver Hills Community
College, St. Cloud Technical College,
Normandale Community College, North
Hennepin Community College, Alexandria
Technical College, Anoka Technical College,
and Hennepin Technical College. The Board
of Trustees must not implement a nonresident
undergraduate tuition rate at a community
college, technical college, or consolidated
community and technical college that did not
have such a rate on May 1, 2007.
new text end

new text begin (3) This appropriation includes $100,000 for
Minnesota State University, Mankato, for
development and delivery of an educational
program for the International Renewable
Energy Technology Institute. This is a
onetime appropriation.
new text end

new text begin (4) The Chancellor of the Minnesota State
Colleges and Universities must review the
following institutional priority allocations to
determine whether the priority allocations
are important to advancing the educational
mission and priorities of the system:
new text end

new text begin (i) centers of excellence;
new text end

new text begin (ii) competitive salaries;
new text end

new text begin (iii) community energy pilots; and
new text end

new text begin (iv) economic development e-folio upgrade.
new text end

new text begin The chancellor must make recommendations,
by February 1, 2010, to the Board of Trustees
concerning the priority allocations. If the
board determines that a priority allocation is
not important to advancing the educational
mission and priorities of the system, then the
board may discontinue a priority allocation
and reallocate the funding.
new text end

new text begin (5) The system base is $627,849,000 in fiscal
year 2012 and $627,849,000 in fiscal year
2013.
new text end

new text begin Subd. 3. new text end new text begin American Recovery and Reinvestment Act of 2009 new text end

new text begin 60,062,000 new text end

new text begin 0 new text end

new text begin This appropriation is from the fiscal
stabilization account in the federal fund.
This appropriation must be allocated to
mitigate the need to raise tuition and
fees for Minnesota resident students. This
appropriation may be used for modernization,
renovation, or repair of facilities that are
primarily used for instruction, research,
or student housing but may not be used
for maintenance of systems, equipment,
or facilities. Amounts in this subdivision
must not be allocated to modernization,
renovation, or repair of stadiums or other
facilities primarily used for athletic contests
or exhibitions or other events for which
admission is charged to the general public
and must not be allocated to any facility
used for sectarian instruction or religious
worship or in which a substantial portion of
the functions of the facilities are subsumed
in a religious mission. No amount from this
appropriation can be allocated to increase
endowment funds.
new text end

new text begin The Board of Trustees must consult with
the chairs of the legislative committees with
jurisdiction over higher education finance
and then submit a plan to the director of the
Minnesota Office of Higher Education and
the chairs of the legislative committees with
jurisdiction over higher education finance by
June 1, 2009. The plan must describe how
the board will allocate the appropriations
in this subdivision. The plan must describe
the amounts that will be allocated to
scholarships, grants, or other types of tuition
assistance for Minnesota resident students
and the effect of the allocations on the
amount of proposed tuition increases that
are mitigated. The plan must also describe
any amounts allocated to other education
and general purposes, and how the amounts
allocated to these purposes will mitigate the
need to raise tuition for Minnesota resident
students. The director must consult with the
chairs of the legislative committees with
jurisdiction over higher education finance
prior to approving the plan submitted by the
Board of Trustees. The director may require
the Board of Trustees to modify the plan.
The director must approve the plan by June
15, 2009. The Board of Trustees must not
implement the plan until the director has
approved the plan.
new text end

new text begin An additional $15,578,000 is appropriated
from the fiscal stabilization account for fiscal
year 2009 and must be allocated according to
the requirements of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 3 is effective the day following final enactment.
new text end

Sec. 5. new text begin BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 691,837,000 new text end

new text begin $ new text end

new text begin 662,852,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 632,017,000 new text end	new text begin 660,695,000 new text end
new text begin Health Care Access new text end	new text begin 2,157,000 new text end	new text begin 2,157,000 new text end
new text begin Federal new text end	new text begin 57,663,000 new text end	new text begin 0 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Operations and Maintenance new text end

new text begin 559,469,000 new text end

new text begin 588,147,000 new text end

new text begin This appropriation includes funding for
operation and maintenance of the system.
new text end

new text begin The operations and maintenance base
is $572,580,000 in fiscal year 2012 and
$572,580,000 in fiscal year 2013.
new text end

new text begin Subd. 3. new text end new text begin Primary Care Education Initiatives new text end

new text begin 2,157,000 new text end

new text begin 2,157,000 new text end

new text begin This appropriation is from the health care
access fund.
new text end

new text begin Subd. 4. new text end new text begin American Recovery and Reinvestment Act of 2009 new text end

new text begin 57,663,000 new text end

new text begin 0 new text end

new text begin This appropriation is from the fiscal
stabilization account in the federal fund.
This appropriation must be allocated to
mitigate the need to raise tuition and
fees for Minnesota resident students. This
appropriation may be used for modernization,
renovation, or repair of facilities that are
primarily used for instruction, research,
or student housing but may not be used
for maintenance of systems, equipment,
or facilities. Amounts in this subdivision
must not be allocated to modernization,
renovation, or repair of stadiums or other
facilities primarily used for athletic contests
or exhibitions or other events for which
admission is charged to the general public
and must not be allocated to any facility
used for sectarian instruction or religious
worship or in which a substantial portion of
the functions of the facilities are subsumed
in a religious mission. No amount from this
appropriation can be allocated to increase
endowment funds.
new text end

new text begin The Board of Regents must consult with the
chairs of the legislative committees with
jurisdiction over higher education finance
and then submit a plan to the director of the
Minnesota Office of Higher Education and
the chairs of the legislative committees with
jurisdiction over higher education finance by
June 1, 2009. The plan must describe how
the board will allocate the appropriations
in this subdivision. The plan must describe
the amounts that will be allocated to
scholarships, grants, or other types of tuition
assistance for Minnesota resident students
and the effect of the allocations on the
amount of proposed tuition increases that
are mitigated. The plan must also describe
any amounts allocated to other education
and general purposes, and how the amounts
allocated to these purposes will mitigate the
need to raise tuition for Minnesota resident
students. The director must consult with the
chairs of the legislative committees with
jurisdiction over higher education finance
prior to approving the plan submitted by the
Board of Regents. The director may require
the Board of Regents to modify the plan.
The director must approve the plan by June
15, 2009. The Board of Regents must not
implement the plan until the director has
approved the plan.
new text end

new text begin An additional $14,968,000 is appropriated
from the fiscal stabilization account for fiscal
year 2009 and must be allocated according to
the requirements of this subdivision.
new text end

new text begin Subd. 5. new text end new text begin Special Appropriations new text end

new text begin (a) Agriculture and Extension Service new text end

new text begin 52,175,000 new text end

new text begin 52,175,000 new text end

new text begin (1) For the Agricultural Experiment Station
and the Minnesota Extension Service. This
appropriation includes $1,500,000 each year
to promote alternative livestock research
and outreach, and for an ongoing organic
research and education program according to
clauses (2), (3), and (4).
new text end

new text begin (2) This appropriation includes funding
for research efforts that demonstrate a
renewed emphasis on the needs of the state's
production agriculture community and a
continued focus on renewable energy derived
from Minnesota biomass resources including
agronomic crops, plant and animal wastes,
and native plants or trees, with priority for
extending the Minnesota vegetable growing
season; fertilizer and soil fertility research
and development; treating and curing human
diseases utilizing plant and livestock cells;
using biofuel production coproducts as
feed for livestock; and a rapid agricultural
response fund for current or emerging
animal, plant, and insect problems affecting
production or food safety. In addition, the
appropriation may be used to secure a facility
and retain current faculty levels for poultry
research currently conducted at UMore Park.
new text end

new text begin (3) In the area of renewable energy, priority
should be given to projects pertaining to:
biofuel and other energy production from
small grains; alternative bioenergy crops and
cropping systems; and growing, harvesting,
and transporting biomass plant material.
new text end

new text begin (4) This appropriation includes funding for
the college of food, agricultural, and natural
resources sciences to establish and maintain
a statewide organic research and education
initiative to provide leadership for organic
agronomic, horticultural, livestock, and food
systems research, education, and outreach
and for the purchase of state-of-the-art
laboratory, planting, tilling, harvesting, and
processing equipment necessary for this
project.
new text end

new text begin (5) By February 1, 2011, the Board of Regents
must report to the legislative committees
with responsibility for agriculture and
higher education finance on the research and
initiatives under clauses (2), (3), and (4).
new text end

new text begin (b) new text begin Health Sciences new text end new text end

new text begin 5,251,000 new text end

new text begin 5,251,000 new text end

new text begin $322,000 each year is to support up to 12
resident physicians in the St. Cloud Hospital
family practice residency program. The
program must prepare doctors to practice
primary care medicine in the rural areas of
the state. The legislature intends this program
to improve health care in rural communities,
provide affordable access to appropriate
medical care, and manage the treatment of
patients in a more cost-effective manner.
new text end

new text begin The remainder of this appropriation is for
the rural physicians associates program, the
Veterinary Diagnostic Laboratory, health
sciences research, dental care, and the
Biomedical Engineering Center.
new text end

new text begin (c) new text begin Institute of Technology new text end new text end

new text begin 1,387,000 new text end

new text begin 1,387,000 new text end

new text begin For the Geological Survey and the talented
youth mathematics program.
new text end

new text begin (d) System Special new text end

new text begin 6,155,000 new text end

new text begin 6,155,000 new text end

new text begin For general research, student loans matching
money, industrial relations education, Natural
Resources Research Institute, Center for
Urban and Regional Affairs, Bell Museum of
Natural History, and the Humphrey exhibit.
new text end

new text begin Subd. 6. new text end new text begin University of Minnesota and Mayo Foundation Partnership new text end

new text begin 7,500,000 new text end

new text begin 7,500,000 new text end

new text begin For the direct and indirect expenses of the
collaborative research partnership between
the University of Minnesota and the Mayo
Foundation for research in biotechnology
and medical genomics. An annual report
on the expenditure of this appropriation
must be submitted to the governor and the
chairs and ranking minority members of
the senate and house of representatives
committees responsible for higher education
and economic development by June 30 of
each fiscal year.
new text end

new text begin If appropriations to the Board of Regents are
reduced under Minnesota Statutes, section
16A.152, all parties to the partnership and
the chairs of the legislative committees with
jurisdiction over higher education finance
must be consulted before the Board of
Regents reduces the amount spent under this
subdivision during the biennium ending June
30, 2011.
new text end

new text begin Subd. 7. new text end new text begin Bovine Tuberculosis Research new text end

new text begin 80,000 new text end

new text begin 80,000 new text end

new text begin Subd. 8. new text end new text begin Academic Health Center new text end

new text begin The appropriation for Academic Health
Center funding under Minnesota Statutes,
section 297F.10, is $22,250,000 each year.
new text end

new text begin Subd. 9. new text end new text begin Human Cloning Prohibited new text end

new text begin (a) No appropriations under this section
may be used to directly or indirectly support
human cloning.
new text end

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

new text begin (1) "Human cloning" means human asexual
reproduction accomplished by introducing
nuclear material from one or more human
somatic cells into a fertilized or unfertilized
oocyte whose nuclear material has been
removed or inactivated so as to produce a
living organism at any stage of development
that is genetically virtually identical to
an existing or previously existing human
organism.
new text end

new text begin (2) "Somatic cell" means a diploid cell,
having a complete set of chromosomes,
obtained or derived from a living or deceased
human body at any stage of development.
new text end

new text begin (c) Nothing in this subdivision shall restrict
areas of scientific research not specifically
prohibited by this section, including research
in the use of nuclear transfer of other cloning
techniques to produce molecules, DNA, cells
other than human embryos, tissues, organs,
plants, or animals other than humans.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 4 is effective the day following final enactment.
new text end

Sec. 6. new text begin MAYO MEDICAL FOUNDATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,209,000 new text end

new text begin $ new text end

new text begin 1,256,000 new text end

new text begin The amounts that may be spent for the
purposes are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Medical School new text end

new text begin 595,000 new text end

new text begin 618,000 new text end

new text begin The state of Minnesota must pay a capitation
each year for each student who is a resident
of Minnesota. The appropriation may be
transferred between years of the biennium to
accommodate enrollment fluctuations.
new text end

new text begin It is intended that during the biennium the
Mayo Clinic use the capitation money to
increase the number of doctors practicing in
rural areas in need of doctors.
new text end

new text begin Subd. 3. new text end new text begin Family Practice and Graduate Residency Program new text end

new text begin 614,000 new text end

new text begin 638,000 new text end

new text begin The state of Minnesota must pay stipend
support for up to 27 residents each year.
new text end

Sec. 7. new text begin BOARD OF DENTISTRY new text end

new text begin $ new text end

new text begin 93,000 new text end

new text begin $ new text end

new text begin 17,000 new text end

new text begin This appropriation is from the state
government special revenue fund for the
purpose of licensing oral health practitioners
and dental therapists. The base appropriation
of the Board of Dentistry must be decreased
by $11,000 in fiscal year 2012 and $11,000
in fiscal year 2013.
new text end

Sec. 8. new text begin DEPARTMENT OF HEALTH new text end

new text begin The base appropriation for the Department
of Health from the state government special
revenue fund is increased by $48,000 in
fiscal year 2012 and by $141,000 in fiscal
year 2013 for the purpose of the evaluation
process for assessing the impact of oral
health practitioners and dental therapists.
This appropriation must not be added to the
department's base after fiscal year 2014.
new text end

Sec. 9.

Laws 2007, chapter 144, article 1, section 4, subdivision 3, is amended to read:

Subd. 3. Board Policies

deleted text begin (a) deleted text end The board must adopt a policy that allows
students to add the cost of textbooks and
required course materials purchased at a
campus bookstore, owned by or operated
under a contract with the campus, to the
existing waivers or payment plans for tuition
and fees.

deleted text begin (b) By January 1, 2009, the board must adopt
a policy setting the maximum number of
semester credits required for a baccalaureate
degree at 120 semester credits or the
equivalent and the number of semester
credits required for an associate degree at
60 semester credits or the equivalent. The
board policy may provide for a process
for granting waivers for specific degree
programs in which industry or professional
accreditation standards require a greater
number of semester credits.
deleted text end

ARTICLE 2

RELATED HIGHER EDUCATION PROVISIONS

Section 1.

Minnesota Statutes 2008, section 13.3215, is amended to read:

13.3215 UNIVERSITY OF MINNESOTA DATA.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Business data" is data described in section 13.591, subdivision 1, and includes
the funded amount of the University of Minnesota's commitment to the investment
to date, if any; the market value of the investment by the University of Minnesota; the
University of Minnesota's internal rate of return for the investment, including expenditures
and receipts used in the calculation of the investment's internal rate of return; and the
age of the investment in years.
new text end

new text begin (c) "Financial, business, or proprietary data" means data, as determined by the
responsible authority for the University of Minnesota, that are of a financial, business, or
proprietary nature, the release of which could cause competitive harm to the University
of Minnesota, the legal entity in which the University of Minnesota has invested or has
considered an investment, the managing entity of an investment, or a portfolio company in
which the legal entity holds an interest.
new text end

new text begin (d) "Investment" means the investments by the University of Minnesota in the
following private capital:
new text end

new text begin (1) venture capital and other private equity investment businesses through
participation in limited partnerships, trusts, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations;
new text end

new text begin (2) real estate ownership interests or loans secured by mortgages or deeds of trust or
shares of real estate investment trusts through investment in limited partnerships; and
new text end

new text begin (3) natural resource investments through limited partnerships, trusts, limited liability
corporations, limited liability companies, limited liability partnerships, and corporations.
new text end

new text begin Subd. 2. new text end

new text begin Claims experience data. new text end

Claims experience and all related information
received from carriers and claims administrators participating in a University of Minnesota
group health, dental, life, or disability insurance plan or the University of Minnesota
workers' compensation program, and survey information collected from employees or
students participating in these plans and programs, except when the university determines
that release of the data will not be detrimental to the plan or program, are classified as
nonpublic data deleted text begin not on individuals pursuant to deleted text end new text begin under new text end section 13.02, subdivision 9.

new text begin Subd. 3. new text end

new text begin Private equity investment data. new text end

new text begin (a) Financial, business, or proprietary
data and business data collected, created, received, or maintained by the University of
Minnesota in connection with investments are nonpublic data.
new text end

new text begin (b) The name of the general partners and the legal entity in which the University of
Minnesota has invested; the amount of the University of Minnesota's initial commitment;
and the portfolio performance of University of Minnesota investments overall, including
the number of investments, the total amount of University of Minnesota commitments, the
total current market value, and the return on the total investment portfolio, are public.
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. 2.

Minnesota Statutes 2008, section 124D.09, subdivision 9, is amended to read:

Subd. 9.

Enrollment priority.

A postsecondary institution shall give priority to
its postsecondary students when enrolling 11th and 12th grade pupils in its courses. A
postsecondary institution may provide information deleted text begin about deleted text end new text begin , including the potential financial
and educational benefits of new text end its programs new text begin , new text end to a secondary school or to a pupil or parent, but
it may not advertise or otherwise recruit or solicit the participation of secondary pupils
to enroll in its programs new text begin based solely new text end on financial grounds. An institution must not
enroll secondary pupils, for postsecondary enrollment options purposes, in remedial,
developmental, or other courses that are not college level. Once a pupil has been enrolled
in a postsecondary course under this section, the pupil shall not be displaced by another
student.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin A P-20 education partnership is
established to create a seamless system of education that maximizes achievements of
all students, from early childhood through elementary, secondary, and postsecondary
education, while promoting the efficient use of financial and human resources. The
partnership shall consist of major statewide educational groups or constituencies or
noneducational statewide organizations with a stated interest in P-20 education. The initial
membership of the partnership includes the members serving on the Minnesota P-16
Education Partnership and four legislators appointed as follows:
new text end

new text begin (1) one senator from the majority party and one senator from the minority party,
appointed by the senate Subcommittee on Committees of the Committee on Rules and
Administration; and
new text end

new text begin (2) one member of the house of representatives appointed by the speaker of the
house and one member appointed by the minority leader of the house of representatives.
new text end

new text begin Prospective members may be nominated by any partnership member and new
members will be added with the approval of a two-thirds majority of the partnership. The
partnership will also seek input from nonmember organizations whose expertise can help
inform the partnership's work. The partnership shall select a chair from its membership.
new text end

new text begin Partnership members shall be represented by the chief executives, presidents, or
other formally designated leaders of their respective organizations, or their designees. The
partnership shall meet at least three times during each calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Powers and duties; report. new text end

new text begin The partnership shall develop
recommendations to the governor and the legislature designed to maximize the
achievement of all P-20 students while promoting the efficient use of state resources,
thereby helping the state realize the maximum value for its investment. In developing
recommendations, the partnership is encouraged to research best practices, review
state and national data, and seek input from the public and educational experts. These
recommendations may include, but are not limited to, research-based strategies, policies,
or other actions focused on:
new text end

new text begin (1) improving the quality of and access to education at all points from preschool
through the graduate education;
new text end

new text begin (2) improving preparation for, and transitions to, postsecondary education and
work; and
new text end

new text begin (3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers.
new text end

new text begin By January 15 of each year, the partnership shall submit a report to the governor
and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over P-20 education policy and finance that summarizes the
partnership's progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student achievement
while promoting efficient use of resources. Until the partnership determines otherwise,
the chair of the partnership shall provide the necessary staff support and meeting space
for meetings of the partnership.
new text end

new text begin Members of the partnership may not receive any compensation or reimbursement for
expenses for their service in the partnership.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the partnership
expires June 30, 2013.
new text end

Sec. 4.

Minnesota Statutes 2008, section 135A.08, subdivision 1, is amended to read:

Subdivision 1.

Course equivalency.

The new text begin Board of new text end Regents of the University of
Minnesota and the new text begin Board of new text end Trustees of the Minnesota State Colleges and Universities
shall develop and maintain course equivalency guides for use between institutions that
have a high frequency of transfer. new text begin The course equivalency guides must include information
on the course equivalency and awarding of credit for learning acquired as a result of
the successful completion of formal military courses and occupational training. new text end Course
equivalency guides deleted text begin shall deleted text end new text begin are new text end not deleted text begin be deleted text end required for vocational technical programs that have
not been divided into identifiable courses. The governing boards of private institutions
that grant associate and baccalaureate degrees and that have a high frequency of transfer
students are requested to participate in developing these guides.

Sec. 5.

new text begin [135A.157] NOTICE TO PROSPECTIVE STUDENTS.
new text end

new text begin (a) A public or private postsecondary educational institution located in this state
shall give the notice specified in this section to each person applying to be a student at
the institution:
new text end

new text begin "NOTICE REGARDING POSSIBLE IMPACT OF CRIMINAL RECORDS
new text end

new text begin If you have been arrested, charged, or convicted of any criminal offense, you
should investigate the impact that the arrest, charge, or conviction may have on your
chances of employment in the field you intend to study and on your chances to obtain
federal, state, and other financial aid."
new text end

new text begin (b) A public or private postsecondary educational institution is not liable for failing
to provide the notice required by this section.
new text end

Sec. 6.

Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Residential housing list deleted text end new text begin List of enrolled students new text end .

deleted text begin All postsecondary
institutions that enroll students accepting state or federal financial aid may deleted text end new text begin (a) Institutions
within the Minnesota State Colleges and Universities must new text end prepare a current list of
students enrolled in the institution and residing deleted text begin in the institution's housing or within
ten miles of the institution's campus deleted text end new text begin in Minnesota new text end . The list deleted text begin shall deleted text end new text begin must new text end include each
student's new text begin name and new text end current address new text begin , unless the name or address is not designated as public
data under section 13.32, subdivision 5 new text end . The list deleted text begin shall deleted text end new text begin must new text end be certified and sent to the
deleted text begin appropriate county auditor or auditors deleted text end new text begin secretary of state no earlier than 30 and no later than
25 days before the November general election, in an electronic format specified by the
secretary of state, new text end for use in election day registration as provided under section 201.061,
subdivision 3. new text begin The certification must be dated and signed by the chief officer or designee
of the postsecondary educational institution, or for institutions within the Minnesota State
Colleges and Universities, by the chancellor, and must state that the list is current and
accurate and includes only the names of currently enrolled students residing in Minnesota
as of the date of certification. The secretary of state must combine the data received from
each postsecondary educational institution under this subdivision and must process the
data to locate the precinct in which the address provided for each student is located. If the
data submitted by the postsecondary educational institution is insufficient for the secretary
of state to locate the proper precinct, the associated student name must not appear in any
list forwarded to a county auditor under this subdivision.
new text end

new text begin At least 14 days before the November general election, the secretary of state
must forward to the appropriate county auditor lists of students containing the students'
names and addresses for which precinct determinations have been made along with their
postsecondary educational institutions. The list must be sorted by precinct and student
last name and must be forwarded in an electronic format specified by the secretary of
state or other mutually agreed upon medium, if a written agreement specifying the
medium is signed by the secretary of state and the county auditor at least 90 days before
the November general election. A written agreement is effective for all elections until
rescinded by either the secretary of state or the county auditor.
new text end

new text begin (b) Other postsecondary institutions may provide lists as provided by this subdivision
or as provided by the rules of the secretary of state. The University of Minnesota is
requested to comply with this subdivision.
new text end

new text begin (c) new text end A residential housing list provided under this subdivision may not be used or
disseminated by a county auditor or the secretary of state for any other purpose.

Sec. 7.

Minnesota Statutes 2008, section 135A.25, subdivision 4, is amended to read:

Subd. 4.

Minnesota Office of Higher Education responsibilities.

deleted text begin (a) deleted text end For private
postsecondary institutions, the Minnesota Office of Higher Education must develop
educational materials considering the recommendations by the Minnesota Office of Higher
Education and others and at least annually convene and sponsor meetings and workshops
and provide educational strategies for faculty, students, administrators, institutions, and
bookstores to inform all interested parties on strategies for reducing the costs of course
materials for students attending postsecondary institutions.

deleted text begin (b) The Minnesota Office of Higher Education must identify methods to compile and
distribute information on publishers that sell or distribute course material for classroom use
in postsecondary institutions in a manner that meets the requirements and complies with
subdivision 2. The Minnesota Office of Higher Education must also evaluate ways to make
this information available for use by students and faculty in postsecondary institutions.
deleted text end

Sec. 8.

new text begin [135A.61] HIGH SCHOOL-TO-COLLEGE DEVELOPMENTAL
TRANSITION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin High school-to-college developmental transition programs. new text end

new text begin All
public higher education systems and other higher education institutions in Minnesota
are encouraged to offer research-based high school-to-college developmental transition
programs to prepare students for college-level academic coursework. An entity that
provides a program under this section must promote the program as part of its activities
under section 136A.121, subdivision 20. A program under this section must, at a
minimum, include instruction to develop the skills and abilities necessary to be ready for
college-level academic coursework when the student enrolls in a degree, diploma, or
certificate program and the skills identified as needing improvement by a college readiness
assessment completed by the student. A program offered under this section must not
constitute more than the equivalent of one semester of full-time study occurring in the
summer following high school graduation. The courses completed in a program under this
section must be identified on the student's transcript with a unique identifier to distinguish
it from other developmental education classes or programs.
new text end

new text begin Subd. 2. new text end

new text begin High school-to-college developmental transition programs evaluation
report. new text end

new text begin (a) Institutions that offer a high school-to-college developmental transition
program and enroll students that receive a grant under section 136A.121, subdivision
9b, must annually submit a report to the director of the Minnesota Office of Higher
Education that provides data and information about the program provided to students and
the results for students.
new text end

new text begin (b) Institutions must specify both program and student outcome goals and the
activities implemented to achieve the goals. The goals must be clearly stated and
measurable. Institutions must collect, analyze, and report on program participation and
outcome data that enable the director to verify the program has met the outcome goals
established for the program.
new text end

new text begin (c) The report submitted to the director by an institution must include, at a minimum,
the following information:
new text end

new text begin (1) demographic information about the students;
new text end

new text begin (2) names of the high schools from which the students graduated;
new text end

new text begin (3) the placement test used to determine the student was not ready for college-level
academic course work;
new text end

new text begin (4) the curriculum content areas assessed and the scores received by the students;
new text end

new text begin (5) a description of the services, including any supplemental noncredit academic
support services, provided to students;
new text end

new text begin (6) data on the registration load, courses completed, and grades received by students;
new text end

new text begin (7) data on the placement test scores and course grades of students that participated in
the programs compared to the placement test scores and course grades of nonparticipants;
new text end

new text begin (8) the retention of students from the term they participated in the program to the
fall term immediately following graduation from high school, including the number of
credits for which they enrolled and the grades they received;
new text end

new text begin (9) information about the student's enrollment in subsequent terms; and
new text end

new text begin (10) other information specified by the director.
new text end

new text begin (d) The director must establish and convene a data working group to develop the
necessary procedures, as well as a timeline, for the collection, analysis, and submission of
data and information to the director. The data working group must develop data collection
and analysis procedures that ensure consistency in the data collected by each institution
and identify the types of program delivery procedures most successful with students that
present a variety of academic and socioeconomic characteristics. The data group must
include representatives of all sectors of higher education in the state that offer a program
under this section and have expertise in data collection processes and the delivery of
academic programs to students. The data group must assist the director in the preparation
of the report synthesizing information from each institutional report.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin By January 15 of each year, the director shall
submit a report to the committees of the legislature with jurisdiction over higher education
finance and policy regarding the academic performance of students who participated in the
transition programs compared to the performance of students who did not participate in
the program. The report submitted to the legislature must incorporate information from
the reports submitted by the institutions participating in the program.
new text end

Sec. 9.

Minnesota Statutes 2008, section 136A.08, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

new text begin (b) new text end "Province" and "provincial" mean the Canadian province of Manitoba.

new text begin (c) new text end new text begin "Resident of this state" means a resident student as defined in section 136A.101,
subdivision 8.
new text end

Sec. 10.

Minnesota Statutes 2008, section 136A.08, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Appeal; resident status. new text end

new text begin A student who does not meet the definition of
resident after residing in Minnesota for 12 months may appeal to the director by providing
documentation on the student's reasons for residing in Minnesota. The director may
grant resident status for the purpose of this section to the student upon determining the
documentation establishes that postsecondary education was not the student's principal
reason for residing in Minnesota.
new text end

Sec. 11.

Minnesota Statutes 2008, section 136A.101, subdivision 5a, is amended to
read:

Subd. 5a.

Assigned family responsibility.

"Assigned family responsibility" means
the amount of a family's contribution to a student's cost of attendance, as determined by a
federal need analysis. For dependent students, the assigned family responsibility is deleted text begin 96 deleted text end new text begin 93 new text end
percent of the parental contribution. For independent students with dependents other than
a spouse, the assigned family responsibility is deleted text begin 86 deleted text end new text begin 83 new text end percent of the student contribution.
For independent students without dependents other than a spouse, the assigned family
responsibility is deleted text begin 68 deleted text end new text begin 65 new text end percent of the student contribution.

Sec. 12.

Minnesota Statutes 2008, section 136A.121, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Minnesota promise. new text end

new text begin (a) The stipend for an applicant who has an income
used to determine eligibility that is less than 185 percent of the federal poverty guidelines,
adjusted for family size, is the greater of:
new text end

new text begin (1) the stipend calculated under subdivision 5 plus the applicant's Pell grant; or
new text end

new text begin (2) an amount equal to the tuition and required fees under subdivision 6 at a
Minnesota public two-year community college or consolidated community and technical
college.
new text end

new text begin (b) The stipend under this subdivision is the Minnesota promise. The Minnesota
Office of Higher Education must prepare and distribute materials under section 136A.87
to promote the Minnesota promise and the benefits of higher education for all students
and particularly for students from low-income families.
new text end

Sec. 13.

Minnesota Statutes 2008, section 136A.121, is amended by adding a
subdivision to read:

new text begin Subd. 9b. new text end

new text begin Onetime grant for high school-to-college developmental transition
program. new text end

new text begin (a) A student who enrolls in a program under section 135A.61 is eligible for
a onetime grant to help pay expenses to attend the program. The amount of the grant
must be determined according to subdivision 5, except as modified by paragraph (b).
The requirement in subdivision 9a that subtracts a federal Pell Grant award for which a
student would be eligible, even if the student has exhausted the federal Pell Grant award,
does not apply to a student who receives a grant under this subdivision in the award
year in which the grant is received. The maximum grant under this subdivision must be
reduced by the average amount a student would earn working in an on-campus work-study
position for ten hours per week during a summer term. The office must determine an
amount for student earnings in a summer term, using available data about earnings, before
determining the amount awarded under this subdivision.
new text end

new text begin (b) If an applicant's income used to determine eligibility is less than 185 percent of
the federal poverty guideline, adjusted for family size, the maximum amount of the grant
is the cost of attendance under subdivision 6.
new text end

new text begin (c) A grant under this subdivision is in addition to grants for the eight semesters or
equivalent under subdivision 9. A grant under this subdivision must not be awarded for
the same term for which another grant is awarded under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for students who graduate from high
school after December 31, 2009.
new text end

Sec. 14.

Minnesota Statutes 2008, section 136A.121, is amended by adding a
subdivision to read:

new text begin Subd. 20. new text end

new text begin Institutional partnership with high schools. new text end

new text begin An eligible institution in
Minnesota that enrolls a student who receives a grant under this section must develop a
partnership to promote academic preparation and college attendance with at least two high
schools that have not made adequate yearly progress in reading and math in the most
recent year. The Minnesota Office of Higher Education must maintain a current list of
high schools in the state that have not made adequate yearly progress in reading and
math in the most recent year and are eligible to be considered a partner school under this
subdivision. The partnership must include:
new text end

new text begin (1) making available to students, at low cost or no cost, a college readiness
assessment that meets recognized standards;
new text end

new text begin (2) assisting students and families in completing the Free Application for Federal
Student Aid (FAFSA); and
new text end

new text begin (3) visiting a college campus.
new text end

Sec. 15.

Minnesota Statutes 2008, section 136A.127, subdivision 2, is amended to read:

Subd. 2.

Definition; qualifying program.

For the purposes of this section, a
"qualifying program" means a rigorous secondary school program of study defined by
the Department of Education under agreement with the Secretary of Education for the
purposes of determining eligibility for the federal Academic Competitiveness Grant
Program under Title IV of the Higher Education Act of 1965, as amended. new text begin If a qualifying
program includes a foreign language requirement, the foreign language requirement is
waived for a student whose first language is not English and who attains English language
proficiency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students who graduate on or after January 1, 2009.
new text end

Sec. 16.

Minnesota Statutes 2008, section 136A.127, subdivision 4, is amended to read:

Subd. 4.

Student eligibility.

To be eligible to receive a scholarship under this
section, in addition to the requirements listed under section 136A.121, a student must:

(1) submit a Free Application for Federal Student Aid (FAFSA);

(2) deleted text begin take and receive at least a grade of C for courses that comprise a rigorous
secondary school deleted text end new text begin complete a qualifying new text end program deleted text begin of study deleted text end in a high school or in a
home-school setting under section 120A.22, deleted text begin and deleted text end graduate from a Minnesota high school new text begin ,
and graduate with an unweighted 2.5 grade point average or higher new text end ;

(3) have a family adjusted gross income of less than deleted text begin $75,000 in the last complete
calendar year prior to the academic year of postsecondary attendance in which the
scholarship is used deleted text end new text begin 185 percent of the federal poverty guidelines, adjusted for family
size as reported in the federal need analysis. The Office of Higher Education or the
postsecondary institution may request documentation to confirm income eligibility new text end ;

(4) be a United States citizen or eligible noncitizen, as defined in section 484 of the
Higher Education Act, United States Code, title 20, sections 1091 et seq., as amended,
and Code of Federal Regulations, title 34, section 668.33;

(5) be a Minnesota resident, as defined in section 136A.101, subdivision 8; and

(6) deleted text begin be enrolled for at least three credits per quarter or semester or the equivalent
deleted text end new text begin enroll full-time in a degree, diploma, or certificate program in the fall term immediately
following high school graduation new text end at an eligible institution as defined under section
136A.101, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students who graduate on or after January 1, 2009.
new text end

Sec. 17.

Minnesota Statutes 2008, section 136A.127, subdivision 9, is amended to read:

Subd. 9.

Scholarship awards.

deleted text begin A student may not receive more than $1,200 in
Minnesota achieve scholarships, which must be for enrollment during the four-year
availability period described in subdivision 12. deleted text end new text begin The maximum amount of the scholarship
is the amount remaining after deducting from the total amount of qualifying expenses
under subdivision 10 all amounts of federal, state, private, and institutional grants and gift
aid from any source and the amount under subdivision 10a. new text end The deleted text begin scholarships deleted text end new text begin scholarship new text end
may be used to pay for qualifying expenses at eligible institutions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students who graduate on or after January 1, 2009.
new text end

Sec. 18.

Minnesota Statutes 2008, section 136A.127, subdivision 10, is amended to
read:

Subd. 10.

Qualifying expenses.

Qualifying expenses are components included
under the cost of attendance used for federal student financial aid programs, as defined
in deleted text begin section 472 of the Higher Education Act, deleted text end United States Code, title 20, sections deleted text begin 1091 deleted text end new text begin
1087ll new text end et seq., as amended new text begin for the institution the student attends. The maximum qualifying
expenses under this subdivision is the average total qualifying expenses at the four-year
institutions of the Minnesota State Colleges and Universities new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students who graduate on or after January 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2008, section 136A.127, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Student investment. new text end

new text begin A student investment is required in an amount
equal to the average amount a student would earn working in an on-campus work-study
position for ten hours per week during a term. The office must determine an amount under
this subdivision, using available data about earnings, before determining the amount
awarded under subdivision 9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students who graduate on or after January 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2008, section 136A.127, subdivision 12, is amended to
read:

Subd. 12.

Availability of scholarship funds.

deleted text begin A scholarship earned by a student
is available for four years immediately following high school graduation. The office
must certify to the commissioner of finance by October 1 of each year the amounts to
be canceled from scholarship eligibility that have expired. deleted text end new text begin Once a student has been
awarded a scholarship under this section, the scholarship may be renewed for up to three
consecutive award years of continuous full-time enrollment in a degree, diploma, or
certificate program at an eligible institution. The student must make satisfactory academic
progress and have at least a cumulative 3.0 grade point average on a 4.0 scale for the first
and subsequent award years of study to continue receiving a scholarship. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students who graduate on or after January 1, 2009.
new text end

Sec. 21.

Minnesota Statutes 2008, section 136A.127, subdivision 14, is amended to
read:

Subd. 14.

Evaluation report.

By January 15 of each deleted text begin odd-numbered deleted text end year, the
Office of Higher Education shall submit a report, to the committees of the legislature with
jurisdiction over higher education finance and policy, regarding the deleted text begin success of the deleted text end program deleted text begin
in increasing the enrollment of students in rigorous high school courses deleted text end , including, at a
minimum, the following information:

(1) the demographics of individuals participating in the program;

deleted text begin (2) the grades scholarship recipients received for courses in the qualifying program
under subdivision 2; deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the number of scholarship recipients who persisted at a postsecondary
institution for a second year;

deleted text begin (4) deleted text end new text begin (3) new text end the high schools attended by the program participants;

deleted text begin (5) deleted text end new text begin (4) new text end the postsecondary institutions attended by the program participants;

deleted text begin (6) deleted text end new text begin (5) new text end the academic performance of the students after enrolling in a postsecondary
institution; and

deleted text begin (7) deleted text end new text begin (6) new text end other information as deleted text begin identified deleted text end new text begin determined new text end by the director.

Sec. 22.

Minnesota Statutes 2008, section 136A.1701, subdivision 10, is amended to
read:

Subd. 10.

Prohibition on use of state money.

new text begin Except as provided in section
136A.1787, subdivision 1, new text end no money originating from state sources in the state treasury
shall be made available for student loans under this section and all student loans shall be
made from money originating from nonstate sources.

Sec. 23.

new text begin [136A.1787] ANNUAL CERTIFICATE OF MINIMUM NEEDED FOR
BUDGET.
new text end

new text begin Subdivision 1. new text end

new text begin Certification to governor. new text end

new text begin In order to ensure the payment of the
principal of and interest on bonds and notes of the office and the continued maintenance of
the loan capital fund under section 136A.1785, the office shall annually determine and
certify to the governor, on or before December 1:
new text end

new text begin (1) the amount, if any, then needed to restore the loan capital fund to the minimum
amount required by a resolution or indenture relating to any bonds or notes of the office,
not exceeding the maximum amount of principal and interest to become due and payable
in any subsequent year on all bonds or notes which are then outstanding;
new text end

new text begin (2) the amount, if any, determined by the office to be needed in the then immediately
ensuing fiscal year, with other money pledged and estimated to be received during that
year, for the payment of the principal and interest due and payable in that year on all then
outstanding bonds and notes; and
new text end

new text begin (3) the amount, if any, then needed to restore any debt service fund securing any
outstanding bonds or notes of the office to the amount required in a resolution or indenture
relating to such outstanding bonds or notes.
new text end

new text begin Subd. 2. new text end

new text begin Governor's budget. new text end

new text begin The governor shall include and submit the amounts
certified by the office in accordance with this section to the legislature in the governor's
budget for the following fiscal year, or in a supplemental budget if the regular budget for
that year has previously been approved.
new text end

Sec. 24.

Minnesota Statutes 2008, section 136A.87, is amended to read:

136A.87 PLANNING INFORMATION new text begin FOR POSTSECONDARY
EDUCATION new text end .

The office shall make available to all residents deleted text begin from 8th deleted text end new text begin beginning in 7th new text end grade
through adulthood information about planning and preparing for postsecondary
opportunities. Information must be provided to all deleted text begin 8th deleted text end new text begin 7th new text end grade students and their parents
new text begin annually new text end by deleted text begin January 1 of each year deleted text end new text begin September 30 new text end about deleted text begin the need to plan deleted text end new text begin planning new text end for
their postsecondary education. The office may also provide information to high school
students and their parents, to adults, and to out-of-school youth. The information provided
may include the following:

(1) the need to start planning early;

(2) the availability of assistance in educational planning from educational institutions
and other organizations;

(3) suggestions for studying effectively during high school;

(4) high school courses necessary to be adequately prepared for postsecondary
education;

(5) encouragement to involve parents actively in planning for all phases of education;

(6) information about deleted text begin post-high school deleted text end new text begin postsecondary new text end education and training
opportunities existing in the state, their respective missions and expectations for students,
their preparation requirements, admission requirements, and student placement;

(7) ways to evaluate and select postsecondary institutions;

(8) the process of transferring credits among Minnesota postsecondary institutions
and systems;

(9) the costs of postsecondary education and the availability of financial assistance
in meeting these costs new text begin , including specific information about the Minnesota promise and
achieve scholarship program new text end ;

(10) the interrelationship of assistance from student financial aid, public assistance,
and job training programs; and

(11) financial planning for new text begin postsecondary new text end education deleted text begin beyond high school deleted text end .

Sec. 25.

Minnesota Statutes 2008, section 136F.02, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The board consists of 15 members appointed by the
governor, including three members who are students who have attended an institution for
at least one year and are currently enrolled at least half time in a degree, diploma, or
certificate program in an institution governed by the board. The student members shall
include one member from a community college, one member from a state university, and
one member from a technical college. One member representing labor must be appointed
after considering the recommendations made under section 136F.045. The governor
is not bound by the recommendations. Appointments to the board are with the advice
and consent of the senate. At least one member of the board must be a resident of each
congressional district. All other members must be appointed to represent the state at large.
In selecting appointees, the governor must consider the needs of the board of trustees and
the balance of the board membership with respect to labor and business representation
and racial, gender, geographic, and ethnic composition.

new text begin A commissioner of a state agency may not serve as a member of the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
except that a commissioner serving on the board of trustees on the effective date may
continue to serve for the remainder of a current term of appointment to the board.
new text end

Sec. 26.

Minnesota Statutes 2008, section 136F.03, subdivision 4, is amended to read:

Subd. 4.

Recommendations.

Except for seats filled under sections 136F.04 and
136F.045, the advisory council shall recommend at least two and not more than four
candidates for each seat. By April 15 of each even-numbered year in which the governor
makes appointments to the board, the advisory council shall submit its recommendations
to the governor new text begin and to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over higher education policy and finance new text end . The
governor is not bound by these recommendations.

Sec. 27.

Minnesota Statutes 2008, section 136F.04, subdivision 4, is amended to read:

Subd. 4.

Recommendations.

Each student association shall recommend at least two
and not more than four candidates for its student member. By April 15 of the year in which
its members' term expires, each student association shall submit its recommendations to
the governor new text begin and to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over higher education policy and finance new text end . The governor is not
bound by these recommendations.

Sec. 28.

Minnesota Statutes 2008, section 136F.045, is amended to read:

136F.045 LABOR ORGANIZATION BOARD MEMBER SELECTION
PROCESS.

The Minnesota AFL-CIO shall recruit and screen qualified labor candidates to
be recommended to the governor for appointment to the board. The organization must
develop a process for selecting candidates, and a statement of selection criteria for board
membership that is consistent with the requirements under section 136F.02, subdivision 1.
The organization must recommend at least two and no more than four candidates to the
governor beginning in 2010 and every six years thereafter. Recommendations must be
made new text begin to the governor and to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over higher education policy and finance new text end by April 15
of the year in which the governor makes appointments to the board. The governor is not
bound by the recommendations.

Sec. 29.

Minnesota Statutes 2008, section 136F.19, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The board deleted text begin shall deleted text end new text begin may new text end establish and operate through
each campus a power of you program at Metropolitan State University, Minneapolis
Community and Technical College, and St. Paul College. The program shall, to the
extent of available funding, make grants to eligible students. Each campus shall develop
partnerships with high schools and school districts as part of the program. The board may
accept and expend private funding for the program.

Sec. 30.

Minnesota Statutes 2008, section 136F.31, is amended to read:

136F.31 CENTERS OF EXCELLENCE.

Subdivision 1.

Board designation.

The board deleted text begin must deleted text end new text begin may new text end designate deleted text begin at least three and deleted text end
up to eight different program centers of excellence. The board must determine the form
and required information contained in applications from member institutions.

Subd. 2.

Center selection criteria.

The board must select programs based on
institutional proposals demonstrating:

(1) the capacity to build multistate regional or national recognition of the program
within five years;

(2) a commitment to expanding the influence of the center to improve results in
related programs in participating institutions;

(3) the capacity to improve employment placement and income expectations of
graduates from the program;

(4) a strong partnership between a four-year and at least one two-year institution that
maximizes the leverage of academic and training capacities in each institution;

(5) a comprehensive academic plan that includes a seamless continuum of academic
offerings in the program area that supports career development at multiple levels in related
employment fields;

(6) a specific development plan that includes a description of how the institution
will pursue continuous improvement and accountability;

(7) deleted text begin identified deleted text end commitments from employers that include measurable financial and
programmatic commitment to the center of excellence on the part of employers who
will benefit from the development of the center. A center for teacher education must
demonstrate support from local school districts;

(8) a commitment from the institution that the new designated funding will not
supplant current budgets from related programs;

(9) a strong existing program upon which the proposed center will build; and

(10) a separate fund for donations dedicated for the program within current
institutional foundations.

The board may adopt additional criteria that promote general goals of the centers.
The board shall give priority to programs that integrate the academic and training outcomes
of the center with business clusters that have a significant multiplier effect on the state's
economy based on projections of job, income, or general economic growth. The board
shall consult with the Department of Employment and Economic Development to identify
these clusters and the potential economic impact of developing a center for excellence.

Subd. 3.

Advisory committee and reports required.

A center of excellence must
create an advisory committee representing local, statewide, and national leaders in the
field. By January 15 of each deleted text begin odd-numbered deleted text end year, each designated center must provide
a report to the governor and the chairs of committees of the legislature with jurisdiction
over higher education finance, that includes annual and integrated data on program
enrollment, student demographics, student admission data, endowment growth, graduation
rates, graduation outcomes, employer involvement, indicators of student or graduate
employment success, and other outcomes as determined by the board. After a center
has been in existence for three years, the report must include measures of the program's
impact on the local economy.

Sec. 31.

new text begin [136F.37] JOB PLACEMENT IMPACT ON PROGRAM REVIEW;
INFORMATION TO STUDENTS.
new text end

new text begin The board must assess labor market data when conducting college program reviews.
The board must require a college to enroll no more than the approximate number of
students in a technical or occupational program that the labor market data indicates have
a reasonable likelihood of obtaining a job in the program field of study. A college must
provide prospective students with the job placement rate for graduates of technical and
occupational programs offered at a college.
new text end

Sec. 32.

Minnesota Statutes 2008, section 137.0245, subdivision 2, is amended to read:

Subd. 2.

Membership.

The Regent Candidate Advisory Council shall consist of
24 members. Twelve members shall be appointed by the Subcommittee on Committees
of the Committee on Rules and Administration of the senate. Twelve members shall
be appointed by the speaker of the house. Each appointing authority must appoint one
member who is a student enrolled in a degree program at the University of Minnesota at
the time of appointment. No more than one-third of the members appointed by each
appointing authority may be current or former legislators. No more than two-thirds of the
members appointed by each appointing authority may belong to the same political party;
however, political activity or affiliation is not required for the appointment of any member.
Geographical representation must be taken into consideration when making appointments.
Section 15.0575 shall govern the advisory council, except that:

(1) the members shall be appointed to six-year terms with one-third appointed each
even-numbered year; and

(2) student members are appointed to two-year terms with two students appointed
each even-numbered year.

new text begin A member may not serve more than two full terms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to members serving on the council on that date, although those members may
serve out the remainder of their current terms.
new text end

Sec. 33.

Minnesota Statutes 2008, section 137.0246, subdivision 2, is amended to read:

Subd. 2.

Regent nomination joint committee.

(a) The joint legislative committee
consists of the members of the higher education budget and policy divisions in each house
of the legislature. The chairs of the divisions from each body shall be cochairs of the
joint legislative committee. A majority of the members from each house is a quorum of
the joint committee.

(b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
resolution, the joint legislative committee shall meet to consider the advisory council's
recommendations for regent of the University of Minnesota for possible presentation to a
joint convention of the legislature.

(c) The joint committee may recommend to the joint convention candidates
recommended by the advisory council and the other candidates nominated by the joint
committee. A candidate other than those recommended by the advisory council may be
nominated for consideration by the joint committee only if the nomination receives the
support of at least three house of representatives members of the committee and two
senate members of the committee. A candidate must receive a majority vote of members
from the house of representatives and from the senate on the joint committee to be
recommended to the joint convention. The joint committee may recommend no more than
one candidate for each vacancy. In recommending nominees, the joint committee must
consider the needs of the board of regents and the balance of the board membership with
respect to gender, racial, and ethnic composition.

deleted text begin (d) The joint committee must meet twice, approximately one week apart. The first
meeting is for the purpose of interviewing candidates and recommending candidates for
the joint committee to consider. The second meeting is for the purpose of voting for
candidates for recommendation to the joint convention.
deleted text end

Sec. 34.

Minnesota Statutes 2008, section 137.025, subdivision 1, is amended to read:

Subdivision 1.

Appropriations not for buildings.

The commissioner of finance
shall pay deleted text begin no money to the University of Minnesota pursuant to a direct appropriation, other
than an appropriation for buildings, until the university first certifies to the commissioner
of finance that its aggregate balances in the temporary investment pool, cash, or separate
investments, resulting from all state maintenance and special appropriations do not
exceed $7,000,000, or any other amount specified in the act making the appropriation,
plus one-third of all tuition and fee payments from the previous fiscal year. Upon this
certification, deleted text end 1/12 of the annual appropriation to the deleted text begin university shall be paid at the
beginning deleted text end new text begin University of Minnesota on the 21st day new text end of each month. deleted text begin Additional payments
shall be made by the commissioner of finance whenever the state appropriations and
tuition aggregate balances in the temporary investment pool, cash, or separate investments
are reduced below the indicated levels deleted text end new text begin If the 21st day of the month falls on a Saturday
or Sunday, the monthly payment must be made on the first business day immediately
following the 21st day of the month new text end .

Sec. 35.

Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 deleted text begin and certified to the county auditor deleted text end new text begin or new text end in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 36.

Minnesota Statutes 2008, section 299A.45, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

A person is eligible to receive educational benefits under
this section if the person:

(1) is certified under section 299A.44 and in compliance with this section and rules
of the commissioner of public safety and the Minnesota Office of Higher Education;

(2) is enrolled in an undergraduate degree or certificate program after June 30,
1990, at an eligible Minnesota institution as provided in section 136A.101, subdivision
4 new text begin , or at a public postsecondary institution in another state that is subject to a reciprocity
agreement executed under section 136A.08 new text end ;

(3) has not received a baccalaureate degree or been enrolled full time for ten
semesters or the equivalent, except that a student who withdraws from enrollment for
active military service is entitled to an additional semester or the equivalent of eligibility;
and

(4) is related in one of the following ways to a public safety officer killed in the
line of duty on or after January 1, 1973:

(i) as a dependent child less than 23 years of age;

(ii) as a surviving spouse; or

(iii) as a dependent child less than 30 years of age who has served on active military
duty 181 consecutive days or more and has been honorably discharged or released to the
dependent child's reserve or National Guard unit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to July 1, 2008.
new text end

Sec. 37. new text begin SYSTEM IMPROVEMENTS; MINNESOTA STATE COLLEGES AND
UNIVERSITIES.
new text end

new text begin The Board of Trustees of the Minnesota State Colleges and Universities is
encouraged to place a priority on identifying and implementing measures to improve the
human resources system used by the Minnesota State Colleges and Universities. One of
the goals of improving the human resources system is to provide seamless information on
faculty and employees to facilitate transfers between institutions.
new text end

Sec. 38. new text begin IMPLEMENTATION OF TEXTBOOK INFORMATION
REQUIREMENTS.
new text end

new text begin The Minnesota Office of Higher Education must report to the committees of
the legislature responsible for higher education finance by January 15, 2010, on the
implementation of textbook information requirements under United States Code, title 20,
section 1015b, effective July 1, 2010. In preparing the report, the office must work with
representatives of textbook publishers, the Student Advisory Council, Minnesota State
Colleges and Universities, the University of Minnesota, and the Private College Council.
At a minimum, the report must include a template that publishers may use to provide
the required information in a consistent format to all Minnesota campuses, and make
recommendations for methods to disseminate pricing information to support students and
faculty in making well informed decisions about course materials.
new text end

Sec. 39. new text begin ACHIEVE SCHOLARSHIP FOR STUDENTS ELIGIBLE PRIOR TO
JANUARY 1, 2008.
new text end

new text begin A student who met the eligibility requirements for the achieve scholarship program
that existed prior to January 1, 2009, and who meets the requirements of Minnesota
Statutes, section 136A.127, that are effective for students who graduate on or after January
1, 2009, may receive a scholarship award under Minnesota Statutes, section 136A.127, for
an additional three consecutive award years of continuous college enrollment.
new text end

new text begin A student who met the requirements to receive an achieve scholarship prior to
January 1, 2009, but did not receive the scholarship award and does not meet the eligibility
requirements on or after January 1, 2009, may be awarded a onetime scholarship of
$1,200. This section expires on December 31, 2012.
new text end

Sec. 40. new text begin TEACHER EDUCATION REPORT.
new text end

new text begin The Minnesota Office of Higher Education and Minnesota Department of Education
must report on best practices in innovative teacher education programs and teacher
education research. The report must include, at a minimum, information on:
new text end

new text begin (1) teacher education preparation program curricula that will prepare prospective
teachers to teach an increasingly diverse student population;
new text end

new text begin (2) opportunities for mid-career professionals employed in professions in which
there is a shortage of teachers to pursue a teaching career; and
new text end

new text begin (3) enhancing the ability of teachers to use technology in the classroom.
new text end

new text begin The report must be submitted by June 15, 2010.
new text end new text begin new text end

Sec. 41. new text begin ORGANIZATIONAL DEADLINES FOR P-20 PARTNERSHIP.
new text end

new text begin The appointing authorities under Minnesota Statutes, section 127A.70, shall
complete their appointments no later than September 1, 2009. The chairs of the P-16
partnership shall convene the first meeting of the P-20 partnership no later than October
1, 2009.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 136A.127, subdivisions 8 and 13, new text end new text begin are repealed.
new text end

ARTICLE 3

ORAL HEALTH CARE PRACTITIONERS

Section 1.

Minnesota Statutes 2008, section 150A.01, is amended by adding a
subdivision to read:

new text begin Subd. 6b. new text end

new text begin Oral health practitioner. new text end

new text begin "Oral health practitioner" means a person
licensed under this chapter to perform the services authorized under section 150A.105 or
any other services authorized under this chapter.
new text end

Sec. 2.

Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision
to read:

new text begin Subd. 6c. new text end

new text begin Dental therapist. new text end

new text begin "Dental therapist" means a person licensed under this
chapter to perform the services authorized under section 150A.106 or any other services
authorized under this chapter.
new text end

Sec. 3.

Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Practice of oral health practitioners. new text end

new text begin A person shall be deemed to be
practicing as an oral health practitioner within the meaning of this chapter who:
new text end

new text begin (1) works under the supervision of a Minnesota-licensed dentist under a collaborative
management agreement as specified under section 150A.105;
new text end

new text begin (2) practices in settings that serve low-income, uninsured, and underserved patients
or are located in dental health professional shortage areas; and
new text end

new text begin (3) provides oral health care services, including preventive, primary diagnostic,
educational, palliative, therapeutic, and restorative services as authorized under section
150A.105 and within the context of a collaborative management agreement.
new text end

Sec. 4.

Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Practice of dental therapy. new text end

new text begin A person shall be deemed to be practicing
dental therapy within the meaning of sections 150A.01 to 150A.12 who:
new text end

new text begin (1) works under the supervision of a Minnesota-licensed dentist as specified under
section 150A.106;
new text end

new text begin (2) practices in settings that serve low-income and underserved patients or are
located in dental health professional shortage areas; and
new text end

new text begin (3) provides oral health care services, including preventive, evaluative, and
educational services as authorized under section 150A.106 and within the context of
a collaborative management agreement.
new text end

Sec. 5.

Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:

Subd. 2.

Exemptions and exceptions of certain practices and operations.

Sections 150A.01 to 150A.12 do not apply to:

(1) the practice of dentistry or dental hygiene in any branch of the armed services of
the United States, the United States Public Health Service, or the United States Veterans
Administration;

(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
dental students, new text begin oral health practitioner students, dental therapy students, new text end dental hygiene
students, and dental assisting students of the University of Minnesota, schools of dental
hygiene, new text begin schools with an oral health practitioner education program accredited under
section 150A.06, schools with a dental therapy education program, new text end or schools of dental
assisting approved by the board, when acting under the direction and supervision of a
licensed dentist new text begin , a licensed oral health practitioner, a licensed dental therapist, new text end or a licensed
dental hygienist acting as an instructor;

(3) the practice of dentistry by licensed dentists of other states or countries while
appearing as clinicians under the auspices of a duly approved dental school or college, or a
reputable dental society, or a reputable dental study club composed of dentists;

(4) the actions of persons while they are taking examinations for licensure or
registration administered or approved by the board pursuant to sections 150A.03,
subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;

(5) the practice of dentistry by dentists and dental hygienists licensed by other states
during their functioning as examiners responsible for conducting licensure or registration
examinations administered by regional and national testing agencies with whom the
board is authorized to affiliate and participate under section 150A.03, subdivision 1,
and the practice of dentistry by the regional and national testing agencies during their
administering examinations pursuant to section 150A.03, subdivision 1;

(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
or other similar records in a hospital under the supervision of a physician or dentist or
by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
agency other than the Board of Dentistry; or

(7) the service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when performed according to
a written work order from a licensed dentist new text begin or a licensed oral health practitioner new text end in
accordance with section 150A.10, subdivision 3.

Sec. 6.

Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Oral health practitioners. new text end

new text begin A person of good moral character who has
graduated with a baccalaureate degree or a master's degree from an oral health practitioner
education program that has been approved by the board or accredited by the American
Dental Association Commission on Dental Accreditation or another board-approved
national accreditation organization may apply for licensure.
new text end

new text begin The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from an oral health practitioner education program. Prior to being
licensed, the applicant must pass a comprehensive, competency-based clinical examination
that is approved by the board and administered independently of an institution providing
oral health practitioner education. The applicant must also pass an examination testing
the applicant's knowledge of the Minnesota laws and rules relating to the practice of
dentistry. An applicant who has failed the clinical examination twice is ineligible to retake
the clinical examination until further education and training are obtained as specified by
the board. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all the other requirements of the
board shall be licensed as an oral health practitioner.
new text end

Sec. 7.

Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
to read:

new text begin Subd. 1e. new text end

new text begin Dental therapists. new text end

new text begin A person of good moral character who has graduated
from a dental therapy education program in a dental school or dental college accredited
by the American Dental Association Commission on Dental Accreditation may apply
for licensure.
new text end

new text begin The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of
the board. An applicant is ineligible to retake the clinical examination required by the
board after failing it twice until further education and training are obtained as specified by
board rule. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all the other requirements of the
board shall be licensed as a dental therapist.
new text end

Sec. 8.

Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
to read:

new text begin Subd. 1f. new text end

new text begin Resident dental providers. new text end

new text begin A person who is a graduate of an
undergraduate program and is an enrolled graduate student of an advanced dental
education program shall obtain from the board a license to practice as a resident dental
hygienist or oral health practitioner. The license must be designated "resident dental
provider license" and authorizes the licensee to practice only under the supervision of a
licensed dentist or licensed oral health practitioner. A resident dental provider license
must be renewed annually by the board. An applicant for a resident dental provider license
shall pay a nonrefundable fee set by the board for issuing and renewing the license. The
requirements of sections 150A.01 to 150A.21 apply to resident dental providers except as
specified in rules adopted by the board. A resident dental provider license does not qualify
a person for licensure under subdivision 1d or 2.
new text end

Sec. 9.

Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:

Subd. 2d.

Continuing education and professional development waiver.

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

(b) The board may require written documentation from the volunteer and retired
dentist, new text begin oral health practitioner, a dental therapist, new text end dental hygienist, or registered dental
assistant prior to granting this waiver.

(c) The board shall require the volunteer and retired dentist, new text begin oral health practitioner,
dental therapist, new text end dental hygienist, or registered dental assistant to meet the following
requirements:

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

(2) provide documentation of certification in advanced or basic cardiac life support
recognized by the American Heart Association, the American Red Cross, or an equivalent
entity.

Sec. 10.

Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:

Subd. 5.

Fraud in securing licenses or registrations.

Every person implicated
in employing fraud or deception in applying for or securing a license or registration to
practice dentistry, dental hygiene, deleted text begin or deleted text end new text begin dental therapy, or new text end dental assisting new text begin , or as an oral health
practitioner new text end or in annually renewing a license or registration under sections 150A.01 to
150A.12 is guilty of a gross misdemeanor.

Sec. 11.

Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

The initial license and subsequent
renewal, or current registration certificate, of every dentist, new text begin oral health practitioner, a dental
therapist, new text end dental hygienist, or dental assistant shall be conspicuously displayed in every
office in which that person practices, in plain sight of patients. Near or on the entrance
door to every office where dentistry is practiced, the name of each dentist practicing there,
as inscribed on the current license certificate, shall be displayed in plain sight.

Sec. 12.

Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

The board may refuse or by order suspend or revoke, limit
or modify by imposing conditions it deems necessary, deleted text begin any deleted text end new text begin the new text end license deleted text begin to practice dentistry
or dental hygiene deleted text end new text begin of a dentist, oral health practitioner, dental therapist, or dental hygienist,
new text end or the registration of any dental assistant upon any of the following grounds:

(1) fraud or deception in connection with the practice of dentistry or the securing of
a license or registration certificate;

(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony or gross misdemeanor reasonably related to the
practice of dentistry as evidenced by a certified copy of the conviction;

(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
no contest plea, in any court of an offense involving moral turpitude as evidenced by a
certified copy of the conviction;

(4) habitual overindulgence in the use of intoxicating liquors;

(5) improper or unauthorized prescription, dispensing, administering, or personal
or other use of any legend drug as defined in chapter 151, of any chemical as defined in
chapter 151, or of any controlled substance as defined in chapter 152;

(6) conduct unbecoming a person licensed to practice dentistry new text begin , dental therapy, new text end
or dental hygiene new text begin or as an oral health practitioner new text end or registered as a dental assistant, or
conduct contrary to the best interest of the public, as such conduct is defined by the rules
of the board;

(7) gross immorality;

(8) any physical, mental, emotional, or other disability which adversely affects a
dentist's, new text begin oral health practitioner's, dental therapist's, new text end dental hygienist's, or registered dental
assistant's ability to perform the service for which the person is licensed or registered;

(9) revocation or suspension of a license, registration, or equivalent authority to
practice, or other disciplinary action or denial of a license or registration application taken
by a licensing, registering, or credentialing authority of another state, territory, or country
as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
or application denial was based on facts that would provide a basis for disciplinary action
under this chapter and if the action was taken only after affording the credentialed person
or applicant notice and opportunity to refute the allegations or pursuant to stipulation
or other agreement;

(10) failure to maintain adequate safety and sanitary conditions for a dental office in
accordance with the standards established by the rules of the board;

(11) employing, assisting, or enabling in any manner an unlicensed person to
practice dentistry;

(12) failure or refusal to attend, testify, and produce records as directed by the board
under subdivision 7;

(13) violation of, or failure to comply with, any other provisions of sections 150A.01
to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any
other just cause related to the practice of dentistry. Suspension, revocation, modification
or limitation of any license shall not be based upon any judgment as to therapeutic or
monetary value of any individual drug prescribed or any individual treatment rendered,
but only upon a repeated pattern of conduct;

(14) knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo; or

(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

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

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

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

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

Sec. 13.

Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:

Subd. 3a.

Costs; additional penalties.

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

(b) In addition to costs and penalties imposed under paragraph (a), the board may
also:

(1) order the dentist, new text begin oral health practitioner, dental therapist, new text end dental hygienist, or
dental assistant to provide unremunerated service;

(2) censure or reprimand the dentist, new text begin oral health practitioner, dental therapist, new text end dental
hygienist, or dental assistant; or

(3) any other action as allowed by law and justified by the facts of the case.

Sec. 14.

Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:

Subd. 5.

Medical examinations.

If the board has probable cause to believe that
a dentist, new text begin oral health practitioner, dental therapist, new text end dental hygienist, registered dental
assistant, or applicant engages in acts described in subdivision 1, clause (4) or (5), or
has a condition described in subdivision 1, clause (8), it shall direct the dentist, new text begin oral
health practitioner, dental therapist, new text end dental hygienist, assistant, or applicant to submit to a
mental or physical examination or a chemical dependency assessment. For the purpose
of this subdivision, every dentist, new text begin oral health practitioner, dental therapist, new text end hygienist, or
assistant licensed or registered under this chapter or person submitting an application for a
license or registration is deemed to have given consent to submit to a mental or physical
examination when directed in writing by the board and to have waived all objections
in any proceeding under this section to the admissibility of the examining physician's
testimony or examination reports on the ground that they constitute a privileged
communication. Failure to submit to an examination without just cause may result in an
application being denied or a default and final order being entered without the taking of
testimony or presentation of evidence, other than evidence which may be submitted by
affidavit, that the licensee, registrant, or applicant did not submit to the examination.
A dentist, new text begin oral health practitioner, dental therapist, new text end dental hygienist, registered dental
assistant, or applicant affected under this section shall at reasonable intervals be afforded
an opportunity to demonstrate ability to start or resume the competent practice of dentistry
or perform the duties of deleted text begin a deleted text end new text begin an oral health practitioner, dental therapist, new text end dental hygienist new text begin , new text end or
registered dental assistant with reasonable skill and safety to patients. In any proceeding
under this subdivision, neither the record of proceedings nor the orders entered by the
board is admissible, is subject to subpoena, or may be used against the dentist, new text begin oral health
practitioner, dental therapist, new text end dental hygienist, registered dental assistant, or applicant in
any proceeding not commenced by the board. Information obtained under this subdivision
shall be classified as private pursuant to the Minnesota Government Data Practices Act.

Sec. 15.

Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:

Subdivision 1.

Registration information and procedure.

On or before the license
or registration certificate expiration date every licensed dentist, new text begin oral health practitioner,
dental therapist, new text end dental hygienist, and registered dental assistant shall transmit to the
executive secretary of the board, pertinent information required by the board, together
with the fee established by the board. At least 30 days before a license or registration
certificate expiration date, the board shall send a written notice stating the amount and due
date of the fee and the information to be provided to every licensed dentist, new text begin oral health
practitioner, dental therapist, new text end dental hygienist, and registered dental assistant.

Sec. 16.

Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:

Subd. 3.

Current address, change of address.

Every dentist, new text begin oral health
practitioner, dental therapist, new text end dental hygienist, and registered dental assistant shall
maintain with the board a correct and current mailing address. For dentists engaged in the
practice of dentistry, the address shall be that of the location of the primary dental practice.
Within 30 days after changing addresses, every dentist, new text begin oral health practitioner, dental
therapist, new text end dental hygienist, and registered dental assistant shall provide the board written
notice of the new address either personally or by first class mail.

Sec. 17.

Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:

Subd. 2.

Application fees.

Each applicant for licensure or registration shall submit
with a license or registration application a nonrefundable fee in the following amounts in
order to administratively process an application:

(1) dentist, $140;

(2) limited faculty dentist, $140;

(3) resident dentist, $55;

(4) new text begin oral health practitioner, $100;
new text end

new text begin (5) dental therapist, $100;
new text end

new text begin (6) new text end dental hygienist, $55;

deleted text begin (5) deleted text end new text begin (7) new text end registered dental assistant, $35; and

deleted text begin (6) deleted text end new text begin (8) new text end dental assistant with a limited registration, $15.

Sec. 18.

Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:

Subd. 3.

Initial license or registration fees.

Along with the application fee, each of
the following licensees or registrants shall submit a separate prorated initial license or
registration fee. The prorated initial fee shall be established by the board based on the
number of months of the licensee's or registrant's initial term as described in Minnesota
Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:

(1) dentist, $14 times the number of months of the initial term;

(2) new text begin oral health practitioner, $10 times the number of months of initial term;
new text end

new text begin (3) dental therapist, $10 times the number of months of initial term;
new text end

new text begin (4) new text end dental hygienist, $5 times the number of months of the initial term;

deleted text begin (3) deleted text end new text begin (5) new text end registered dental assistant, $3 times the number of months of initial term; and

deleted text begin (4) deleted text end new text begin (6) new text end dental assistant with a limited registration, $1 times the number of months
of the initial term.

Sec. 19.

Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:

Subd. 5.

Biennial license or registration fees.

Each of the following licensees or
registrants shall submit with a biennial license or registration renewal application a fee as
established by the board, not to exceed the following amounts:

(1) dentist, $336;

(2) new text begin oral health practitioner, $240;
new text end

new text begin (3) dental therapist, $180;
new text end

new text begin (4) new text end dental hygienist, $118;

deleted text begin (3) deleted text end new text begin (5) new text end registered dental assistant, $80; and

deleted text begin (4) deleted text end new text begin (6) new text end dental assistant with a limited registration, $24.

Sec. 20.

Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:

Subd. 8.

Duplicate license or registration fee.

Each licensee or registrant shall
submit, with a request for issuance of a duplicate of the original license or registration, or
of an annual or biennial renewal of it, a fee in the following amounts:

(1) original dentist new text begin , oral health practitioner, dental therapist, new text end or dental hygiene
license, $35; and

(2) initial and renewal registration certificates and license renewal certificates, $10.

Sec. 21.

Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
read:

Subd. 10.

Reinstatement fee.

No dentist, new text begin oral health practitioner, dental therapist,
new text end dental hygienist, or registered dental assistant whose license or registration has been
suspended or revoked may have the license or registration reinstated or a new license or
registration issued until a fee has been submitted to the board in the following amounts:

(1) dentist, $140;

(2) new text begin oral health practitioner, $100;
new text end

new text begin (3) dental therapist, $85;
new text end

new text begin (4) new text end dental hygienist, $55; and

deleted text begin (3) deleted text end new text begin (5) new text end registered dental assistant, $35.

Sec. 22.

Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:

Subdivision 1.

Dental hygienists.

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

Sec. 23.

Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:

Subd. 2.

Dental assistants.

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

Sec. 24.

Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:

Subd. 3.

Dental technicians.

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

Sec. 25.

Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:

Subd. 4.

Restorative procedures.

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

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

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

(3) adapt and cement stainless steel crowns; and

(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel.

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

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

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

(3) a licensed dentist new text begin or licensed oral health practitioner new text end has authorized the procedure
to be performed; and

(4) a licensed dentist new text begin or licensed oral health practitioner new text end is available in the clinic
while the procedure is being performed.

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

Sec. 26.

new text begin [150A.105] ORAL HEALTH PRACTITIONER.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin An oral health practitioner licensed under this chapter
may practice under the supervision of a Minnesota-licensed dentist pursuant to a written
collaborative management agreement and the requirements of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Limited practice settings. new text end

new text begin An oral health practitioner licensed under this
chapter is limited to primarily practicing in settings that serve low-income, uninsured, and
underserved patients or are located in a dental health professional shortage area.
new text end

new text begin Subd. 3. new text end

new text begin Collaborative management agreement. new text end

new text begin (a) Prior to performing any of
the services authorized under this chapter, an oral health practitioner must enter into
a written collaborative management agreement with a Minnesota-licensed dentist. The
agreement must include:
new text end

new text begin (1) practice settings where services may be provided and the populations to be
served;
new text end

new text begin (2) any limitations on the services that may be provided by the oral health
practitioner, including the level of supervision required by the collaborating dentist and
consultation criteria;
new text end

new text begin (3) age and procedure specific practice protocols, including case selection criteria,
examination guidelines, and imaging frequency;
new text end

new text begin (4) a procedure for creating and maintaining dental records for the patients that
are treated by the oral health practitioner;
new text end

new text begin (5) a plan to manage medical emergencies in each practice setting where the oral
health practitioner provides care;
new text end

new text begin (6) a quality assurance plan for monitoring care provided by the oral health
practitioner, including patient care review, referral follow-up, and a quality assurance
chart review;
new text end

new text begin (7) protocols for prescribing, administering, and dispensing medications authorized
under subdivision 5, including the specific conditions and circumstances under which
these medications are to be prescribed, dispensed, and administered;
new text end

new text begin (8) criteria relating to the provision of care to patients with specific medical
conditions or complex medication histories, including any requirements for consultation
prior to the initiation of care;
new text end

new text begin (9) criteria for the supervision of allied dental personnel;
new text end

new text begin (10) a plan for the provision of clinical referrals in situations that are beyond the
diagnostic or treatment capabilities of the oral health practitioner; and
new text end

new text begin (11) a description of any financial arrangement, if applicable, between the oral
health practitioner and collaborating dentist.
new text end

new text begin (b) A collaborating dentist must be licensed and practicing in Minnesota. The
collaborating dentist shall accept responsibility for all services authorized and performed
by the oral health practitioner under the collaborative management agreement. Any
licensed dentist who permits an oral health practitioner to perform a dental service other
than those authorized under this section or by the board or any oral health practitioner who
performs unauthorized services violates sections 150A.01 to 150A.12.
new text end

new text begin (c) Both the collaborating dentist and the oral health practitioner must maintain
professional liability coverage. Proof of professional liability coverage shall be submitted
to the board as part of the collaborative management agreement.
new text end

new text begin (d) Collaborative management agreements must be signed and maintained by the
collaborating dentist and the oral health practitioner. Agreements must be reviewed,
updated, and submitted to the board on an annual basis.
new text end

new text begin (e) A collaborating dentist shall accept any patient referred by the oral health
practitioner or have a referral process for patients that are referred by the oral health
practitioner.
new text end

new text begin (f) A collaborating dentist must conduct periodic oversight reviews of each oral
health practitioner with whom the dentist has entered into a collaborative management
agreement.
new text end

new text begin Subd. 4. new text end

new text begin Scope of practice. new text end

new text begin (a) A licensed oral health practitioner may perform
dental services as authorized under this section within the parameters of the collaborative
management agreement.
new text end

new text begin (b) The services a licensed oral health practitioner may perform include preventive,
primary diagnostic, educational, palliative, therapeutic, and restorative oral health services
as specified in paragraph (c), and within the parameters of the collaborative management
agreement.
new text end

new text begin (c) A licensed oral health practitioner may perform the following services under
general supervision, unless restricted or prohibited in the collaborative management
agreement:
new text end

new text begin (1) preventive, palliative, diagnostic, and assessment services:
new text end

new text begin (i) oral health instruction and disease prevention education, including nutritional
counseling and dietary analysis;
new text end

new text begin (ii) diagnostic services, including an examination, evaluation, and assessment to
identify oral disease and conditions;
new text end

new text begin (iii) formulation of a diagnosis and individualized treatment plan, including
preliminary charting of the oral cavity;
new text end

new text begin (iv) taking of radiographs;
new text end

new text begin (v) fabrication of athletic mouthguards;
new text end

new text begin (vi) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
new text end

new text begin (vii) emergency palliative treatment of dental pain;
new text end

new text begin (viii) pulp vitality testing;
new text end

new text begin (ix) application of desensitizing medication or resin; and
new text end

new text begin (x) space maintainer removal;
new text end

new text begin (2) restorative services:
new text end

new text begin (i) cavity preparation class I-IV;
new text end

new text begin (ii) restoration of primary and permanent teeth class I-IV;
new text end

new text begin (iii) placement of temporary crowns;
new text end

new text begin (iv) placement of temporary restorations;
new text end

new text begin (v) preparation and placement of preformed crowns;
new text end

new text begin (vi) pulpotomies on primary teeth;
new text end

new text begin (vii) indirect and direct pulp capping on primary and permanent teeth;
new text end

new text begin (viii) repair of defective prosthetic appliances;
new text end

new text begin (ix) recementing of permanent crowns;
new text end

new text begin (x) administering nitrous oxide inhalation analgesia;
new text end

new text begin (xi) administering injections of local anesthetic agents;
new text end

new text begin (xii) soft-tissue reline and conditioning;
new text end

new text begin (xiii) atraumatic restorative technique; and
new text end

new text begin (xiv) opening permanent teeth for pulpal debridement and opening chamber; and
new text end

new text begin (3) surgical services:
new text end

new text begin (i) extractions of primary and permanent teeth;
new text end

new text begin (ii) suture placement and removal;
new text end

new text begin (iii) dressing change;
new text end

new text begin (iv) brush biopsies;
new text end

new text begin (v) tooth reimplantation and stabilization;
new text end

new text begin (vi) abscess incision and drainage;
new text end

new text begin (vii) placement of space maintainers; and
new text end

new text begin (viii) fabrication of soft-occlusal guards.
new text end

new text begin (d) For purposes of this section, "general supervision" has the meaning given in
Minnesota Rules, part 3100.0100, subpart 21.
new text end

new text begin Subd. 5. new text end

new text begin Prescribing authority. new text end

new text begin (a) A licensed oral health practitioner may
prescribe, dispense, and administer the following drugs within the parameters of the
collaborative management agreement and within the scope of practice of the oral health
practitioner: analgesics, anti-inflammatories, and antibiotics.
new text end

new text begin (b) The authority to prescribe, dispense, and administer shall extend only to the
categories of drugs identified in this subdivision, and may be further limited by the
collaborative management agreement.
new text end

new text begin (c) The authority to dispense includes the authority to dispense sample drugs within
the categories identified in this subdivision if dispensing is permitted by the collaborative
management agreement.
new text end

new text begin (d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited
from dispensing, prescribing, or administering a narcotic drug as defined in section
152.01, subdivision 10.
new text end

new text begin Subd. 6. new text end

new text begin Application of other laws. new text end

new text begin A licensed oral health practitioner authorized
to practice under this chapter is not in violation of section 150A.05 as it relates to the
unauthorized practice of dentistry if the practice is authorized under this chapter and is
within the parameters of the collaborative management agreement.
new text end

new text begin Subd. 7. new text end

new text begin Use of dental allied personnel. new text end

new text begin (a) A licensed oral health practitioner
may supervise registered and unregistered dental assistants to the extent permitted in the
collaborative management agreement and according to section 150A.10, subdivision 2.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to
supervising no more than four registered dental assistants at any one practice setting.
new text end

new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
new text end

new text begin (1) critical access dental provider settings as designated by the commissioner of
human services under section 256B.76, subdivision 4;
new text end

new text begin (2) dental hygiene collaborative practice settings identified in section 150A.10,
subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state
correctional facilities, federally qualified health centers, and organizations eligible to
receive a community clinic grant under section 145.9268, subdivision 1;
new text end

new text begin (3) military and veterans administration hospitals, clinics, and care settings;
new text end

new text begin (4) a patient's residence or home when the patient is homebound or receiving or
eligible to receive home care services or home and community-based waivered services,
regardless of the patient's income;
new text end

new text begin (5) oral health educational institutions; or
new text end

new text begin (6) any other clinic or practice setting, including mobile dental units, in which at
least 50 percent of the oral health practitioner's total patient base in that clinic or practice
setting are patients who:
new text end

new text begin (i) are enrolled in a state public health care program;
new text end

new text begin (ii) have a medical disability or chronic condition that creates a significant barrier
to receiving dental care;
new text end

new text begin (iii) reside in geographically isolated or medically underserved areas; or
new text end

new text begin (iv) do not have dental health coverage either through a state public health care
program or private insurance, and whose family gross income is equal to or less than 275
percent of the federal poverty guidelines.
new text end

new text begin (c) "Dental health professional shortage area" means an area that meets the criteria
established by the secretary of the United States Department of Health and Human
Services and is designated as such under United States Code, title 42, section 254e.
new text end

Sec. 27.

new text begin [150A.106] DENTAL THERAPIST.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin A dental therapist licensed under this chapter shall practice
under the supervision of a Minnesota-licensed dentist and under the requirements of
this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Limited practice settings. new text end

new text begin A dental therapist licensed under this chapter is
limited to primarily practicing in settings that serve low-income and underserved patients
or in a dental health professional shortage area.
new text end

new text begin Subd. 3. new text end

new text begin Collaborative management agreement. new text end

new text begin (a) Prior to performing any of
the services authorized under this chapter, a dental therapist must enter into a written
collaborative management agreement with a Minnesota-licensed dentist. The agreement
must include:
new text end

new text begin (1) practice settings where services may be provided and the populations to be
served;
new text end

new text begin (2) any limitations on the services that may be provided by the dental therapist,
including the level of supervision required by the collaborating dentist;
new text end

new text begin (3) age and procedure specific practice protocols, including case selection criteria,
assessment guidelines, and imaging frequency;
new text end

new text begin (4) a procedure for creating and maintaining dental records for the patients that
are treated by the dental therapist;
new text end

new text begin (5) a plan to manage medical emergencies in each practice setting where the dental
therapist provides care;
new text end

new text begin (6) a quality assurance plan for monitoring care provided by the dental therapist,
including patient care review, referral follow-up, and a quality assurance chart review;
new text end

new text begin (7) protocols for administering and dispensing medications authorized under
subdivision 5, including the specific conditions and circumstance under which these
medications are to be dispensed and administered;
new text end

new text begin (8) criteria relating to the provision of care to patients with specific medical
conditions or complex medication histories, including requirements for consultation prior
to the initiation of care;
new text end

new text begin (9) supervision criteria of registered and nonregistered dental assistants; and
new text end

new text begin (10) a plan for the provision of clinical resources and referrals in situations which
are beyond the capabilities of the dental therapist.
new text end

new text begin (b) A collaborating dentist must be licensed and practicing in Minnesota. The
collaborating dentist shall accept responsibility for all services authorized and performed
by the dental therapist pursuant to the management agreement. Any licensed dentist who
permits a dental therapist to perform a dental service other than those authorized under
this section or by the board, or any dental therapist who performs an unauthorized service,
violates sections 150A.01 to 150A.12.
new text end

new text begin (c) Collaborative management agreements must be signed and maintained by the
collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
submitted to the board on an annual basis.
new text end

new text begin Subd. 4. new text end

new text begin Scope of practice. new text end

new text begin (a) A licensed dental therapist may perform dental
services as authorized under this section within the parameters of the collaborative
management agreement.
new text end

new text begin (b) The services authorized to be performed by a licensed dental therapist include
preventive, evaluative, and educational oral health services, as specified in paragraphs (c),
(d), and (e), and within the parameters of the collaborative management agreement.
new text end

new text begin (c) A licensed dental therapist may perform the following preventive, evaluative,
and assessment services under general supervision, unless restricted or prohibited in
the collaborative management agreement:
new text end

new text begin (1) oral health instruction and disease prevention education, including nutritional
counseling and dietary analysis;
new text end

new text begin (2) assessment services, including an evaluation and assessment to identify oral
disease and conditions;
new text end

new text begin (3) preliminary charting of the oral cavity;
new text end

new text begin (4) making radiographs;
new text end

new text begin (5) mechanical polishing;
new text end

new text begin (6) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
new text end

new text begin (7) pulp vitality testing; and
new text end

new text begin (8) application of desensitizing medication or resin.
new text end

new text begin (d) A licensed dental therapist may perform the following services under indirect
supervision:
new text end

new text begin (1) fabrication of athletic mouthguards;
new text end

new text begin (2) emergency palliative treatment of dental pain;
new text end

new text begin (3) space maintainer removal;
new text end

new text begin (4) restorative services:
new text end

new text begin (i) cavity preparation class I-IV;
new text end

new text begin (ii) restoration of primary and permanent teeth class I-IV;
new text end

new text begin (iii) placement of temporary crowns;
new text end

new text begin (iv) placement of temporary restorations;
new text end

new text begin (v) preparation and placement of preformed crowns; and
new text end

new text begin (vi) pulpotomies on primary teeth;
new text end

new text begin (5) indirect and direct pulp capping on primary and permanent teeth;
new text end

new text begin (6) fabrication of soft-occlusal guards;
new text end

new text begin (7) soft-tissue reline and conditioning;
new text end

new text begin (8) atraumatic restorative technique;
new text end

new text begin (9) surgical services:
new text end

new text begin (i) extractions of primary teeth;
new text end

new text begin (ii) suture removal; and
new text end

new text begin (iii) dressing change;
new text end

new text begin (10) tooth reimplantation and stabilization;
new text end

new text begin (11) administration of local anesthetic; and
new text end

new text begin (12) administration of nitrous oxide.
new text end

new text begin (e) A licensed dental therapist may perform the following services under direct
supervision:
new text end

new text begin (1) placement of space maintainers; and
new text end

new text begin (2) recementing of permanent crowns.
new text end

new text begin (f) For purposes of this section, "general supervision," "indirect supervision,"
and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100,
subpart 21.
new text end

new text begin Subd. 5. new text end

new text begin Dispensing authority. new text end

new text begin (a) A licensed dental therapist may dispense and
administer the following drugs within the parameters of the collaborative management
agreement and within the scope of practice of the dental therapist: analgesics,
anti-inflammatories, and antibiotics.
new text end

new text begin (b) The authority to dispense and administer shall extend only to the categories
of drugs identified in this subdivision, and may be further limited by the collaborative
management agreement.
new text end

new text begin (c) The authority to dispense includes the authority to dispense sample drugs within
the categories identified in this subdivision if dispensing is permitted by the collaborative
management agreement.
new text end

new text begin (d) A licensed dental therapist is prohibited from dispensing or administering a
narcotic drug as defined in section 152.01, subdivision 10.
new text end

new text begin Subd. 6. new text end

new text begin Application of other laws. new text end

new text begin A licensed dental therapist authorized to
practice under this chapter is not in violation of section 150A.05 as it relates to the
unauthorized practice of dentistry if the practice is authorized under this chapter and is
within the parameters of the collaborative management agreement.
new text end

new text begin Subd. 7. new text end

new text begin Use of dental assistants. new text end

new text begin (a) A licensed dental therapist may supervise
registered and unregistered dental assistants to the extent permitted in the collaborative
management agreement and according to section 150A.10, subdivision 2.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than four registered dental assistants or nonregistered dental
assistants at any one practice setting.
new text end

new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Practice settings that serve the low-income and underserved" mean:
new text end

new text begin (1) critical access dental provider settings as designated by the commissioner of
human services under section 256B.76, subdivision 4;
new text end

new text begin (2) dental hygiene collaborative practice settings identified in section 150A.10,
subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
federally qualified health centers, and organizations eligible to receive a community clinic
grant under section 145.9268, subdivision 1;
new text end

new text begin (3) military and veterans administration hospitals, clinics, and care settings;
new text end

new text begin (4) a patient's residence or home when the patient is home-bound or receiving or
eligible to receive home care services or home and community-based waivered services,
regardless of the patient's income;
new text end

new text begin (5) oral health educational institutions; or
new text end

new text begin (6) any other clinic or practice setting, including mobile dental units, in which at least
50 percent of the total patient base of the clinic or practice setting consists of patients who:
new text end

new text begin (i) are enrolled in a Minnesota health care program;
new text end

new text begin (ii) have a medical disability or chronic condition that creates a significant barrier to
receiving dental care; or
new text end

new text begin (iii) do not have dental health coverage, either through a public health care program
or private insurance, and have an annual gross family income equal to or less than 200
percent of the federal poverty guidelines.
new text end

new text begin (c) "Dental health professional shortage area" means an area that meets the criteria
established by the secretary of the United States Department of Health and Human
Services and is designated as such under United States Code, title 42, section 254e.
new text end

Sec. 28.

Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:

Subd. 4.

Dividing fees.

It shall be unlawful for any dentist to divide fees with or
promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
other person who calls the dentist in consultation or who sends patients to the dentist for
treatment, or operation, but nothing herein shall prevent licensed dentists from forming
a bona fide partnership for the practice of dentistry, nor to the actual employment by a
licensed dentist of new text begin , a licensed oral health practitioner, a licensed dental therapist, new text end a licensed
dental hygienist or another licensed dentist.

Sec. 29.

Minnesota Statutes 2008, section 150A.12, is amended to read:

150A.12 VIOLATION AND DEFENSES.

Every person who violates any of the provisions of sections 150A.01 to 150A.12
for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
the county jail for not more than one year or by both such fine and imprisonment. In the
prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not be
necessary to allege or prove lack of a valid license to practice dentistry deleted text begin or deleted text end new text begin , new text end dental hygiene new text begin ,
or dental therapy, or as an oral health practitioner new text end but deleted text begin such matter deleted text end shall be a matter of
defense to be established by the defendant.

Sec. 30.

Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:

Subdivision 1.

Patient's name and Social Security number.

Every complete
upper and lower denture and removable dental prosthesis fabricated by a dentist licensed
under section 150A.06, or fabricated pursuant to the dentist's new text begin or oral health practitioner's
new text end work order, shall be marked with the name and Social Security number of the patient for
whom the prosthesis is intended. The markings shall be done during fabrication and shall
be permanent, legible and cosmetically acceptable. The exact location of the markings
and the methods used to apply or implant them shall be determined by the dentist new text begin , oral
health practitioner, new text end or dental laboratory fabricating the prosthesis. If in the professional
judgment of the dentist new text begin , oral health practitioner, new text end or dental laboratory, this identification is
not practicable, identification shall be provided as follows:

(a) The Social Security number of the patient may be omitted if the name of the
patient is shown;

(b) The initials of the patient may be shown alone, if use of the name of the patient is
impracticable;

(c) The identification marks may be omitted in their entirety if none of the forms of
identification specified in clauses (a) and (b) are practicable or clinically safe.

Sec. 31.

Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:

Subd. 4.

Failure to comply.

Failure of any dentist new text begin or oral health practitioner new text end to
comply with this section shall be deemed to be a violation for which the dentist new text begin or oral
health practitioner new text end may be subject to proceedings pursuant to section 150A.08, provided
the dentist new text begin or oral health practitioner new text end is charged with the violation within two years of
initial insertion of the dental prosthetic device.

Sec. 32.

Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

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

Sec. 33.

Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:

Subd. 2.

Prescribing and filing.

(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug,
and may cause the same to be administered by a nurse, a physician assistant, new text begin an oral
health practitioner, new text end or medical student or resident under the practitioner's direction and
supervision, and may cause a person who is an appropriately certified, registered, or
licensed health care professional to prescribe, dispense, and administer the same within
the expressed legal scope of the person's practice as defined in Minnesota Statutes. A
licensed practitioner may prescribe a legend drug, without reference to a specific patient,
by directing a nurse, pursuant to section 148.235, subdivisions 8 and 9, new text begin an oral health
practitioner under chapter 150A, a new text end physician assistant, or new text begin a new text end medical student or resident to
adhere to a particular practice guideline or protocol when treating patients whose condition
falls within such guideline or protocol, and when such guideline or protocol specifies the
circumstances under which the legend drug is to be prescribed and administered. An
individual who verbally, electronically, or otherwise transmits a written, oral, or electronic
order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.
This paragraph applies to a physician assistant only if the physician assistant meets the
requirements of section 147A.18.

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

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

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

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

(3) muscle relaxants;

(4) centrally acting analgesics with opioid activity;

(5) drugs containing butalbital; or

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 34. new text begin IMPACT OF ORAL HEALTH PRACTITIONERS AND DENTAL
THERAPISTS.
new text end

new text begin (a) The Board of Dentistry shall evaluate the impact of the use of oral health
practitioners and dental therapists on the delivery of and access to dental services.
The board shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care by January 15, 2014:
new text end

new text begin (1) the number of oral health practitioners and dental therapists annually licensed
by the board beginning in 2011;
new text end

new text begin (2) the settings where licensed oral health practitioners and dental therapists are
practicing and the populations being served;
new text end

new text begin (3) the number of complaints filed against oral health practitioners and dental
therapists and the basis for each complaint; and
new text end

new text begin (4) the number of disciplinary actions taken against oral health practitioners and
dental therapists.
new text end

new text begin (b) The board, in consultation with the Department of Human Services, shall also
include the number and type of dental services that were performed by oral health
practitioners and dental therapists and reimbursed by the state under the Minnesota state
health care programs for the 2013 fiscal year.
new text end

new text begin (c) The Board of Dentistry, in consultation with the Department of Health, shall
develop an evaluation process that focuses on assessing the impact of oral health
practitioners and dental therapists in terms of patient safety, cost effectiveness, and access
to dental services. The process shall focus on the following outcome measures:
new text end

new text begin (1) number of new patients served;
new text end

new text begin (2) reduction in waiting times for needed services;
new text end

new text begin (3) decreased travel time for patients;
new text end

new text begin (4) impact on emergency room usage for dental care; and
new text end

new text begin (5) costs to the public health care system.
new text end

new text begin (d) The evaluation process shall be used by the board in the report required in
paragraph (a) and shall expire January 1, 2014.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 150A.061, new text end new text begin is repealed.
new text end