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Minnesota Legislature

Office of the Revisor of Statutes

SF 2505

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 07/05/2018 02:07pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to state government; modifying provisions relating to health care; modifying
Department of Human Services administrative funds transfer; establishing a
Minnesota Health Policy Commission; repealing preferred incontinence program
in medical assistance; increasing reimbursement rates for doula services; modifying
telemedicine service limits; modifying EPSDT screening payments; modifying
capitation payment delay; modifying provisions relating to wells and borings;
adding security screening systems to ionizing radiation-producing equipment
regulation; authorizing statewide tobacco cessation services; establishing an opioid
reduction pilot program; establishing a low-value health services study; requiring
coverage of 3D mammograms; requiring disclosure of facility fees; establishing
a step therapy override process; requiring the synchronization of prescription
refills; prohibiting a health plan company from preventing a pharmacist from
informing a patient of a price differential; converting allied health professionals
to a birth month renewal cycle; modifying temporary license suspensions and
background checks for health-related professions; requiring a prescriber to access
the prescription monitoring program before prescribing certain controlled
substances; authorizing the Board of Pharmacy to impose a fee from a prescriber
or pharmacist accessing prescription monitoring data through a service offered by
the board's vendor; requiring administrative changes at the Office of Health Facility
Complaints; providing access to information and data sharing; making technical
changes; requiring reports; making forecasted adjustments; appropriating money;
amending Minnesota Statutes 2016, sections 3.3005, subdivision 8; 62A.30, by
adding a subdivision; 103I.301, subdivision 6; 144.121, subdivision 1a, by adding
a subdivision; 144A.53, subdivision 2; 147.012; 147.02, by adding a subdivision;
147A.06; 147A.07; 147B.02, subdivision 9, by adding a subdivision; 147C.15,
subdivision 7, by adding a subdivision; 147D.17, subdivision 6, by adding a
subdivision; 147D.27, by adding a subdivision; 147E.15, subdivision 5, by adding
a subdivision; 147E.40, subdivision 1; 147F.07, subdivision 5, by adding
subdivisions; 147F.17, subdivision 1; 148.7815, subdivision 1; 151.065, by adding
a subdivision; 151.214; 151.71, by adding a subdivision; 152.126, subdivisions 6,
10; 214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 256.01, by
adding a subdivision; 256B.04, subdivision 14; 256B.0625, subdivision 58;
Minnesota Statutes 2017 Supplement, sections 103I.005, subdivisions 2, 8a, 17a;
103I.205, subdivisions 1, 4; 103I.208, subdivision 1; 103I.235, subdivision 3;
103I.601, subdivision 4; 147.01, subdivision 7; 147A.28; 147B.08; 147C.40;
152.105, subdivision 2; 256B.0625, subdivision 3b; 364.09; Laws 2017, First
Special Session chapter 6, article 4, section 61; article 10, section 144; proposing
coding for new law in Minnesota Statutes, chapters 62J; 62Q; 144; 147A; 147B;
147C; 147D; 147E; 147F; 256B; repealing Minnesota Statutes 2016, section
214.075, subdivision 8; Minnesota Statutes 2017 Supplement, section 256B.0625,
subdivision 31c; Minnesota Rules, part 5600.0605, subparts 5, 8.

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

ARTICLE 1

HEALTH CARE

Section 1.

Minnesota Statutes 2016, section 3.3005, subdivision 8, is amended to read:


Subd. 8.

Request contents.

A request to spend federal funds submitted under this section
must include the name of the federal grant, the federal agency from which the funds are
available, a federal identification number, a brief description of the purpose of the grant,
the amounts expected by fiscal year, an indication if any state match is required, an indication
if there is a maintenance of effort requirement, and the number of full-time equivalent
positions needed to implement the grant.new text begin For new grants, the request must provide a narrative
description of the short- and long-term commitments required, including whether continuation
of any full-time equivalent positions will be a condition of receiving the federal award.
new text end

Sec. 2.

new text begin [62J.90] MINNESOTA HEALTH POLICY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "commission" means the
Minnesota Health Policy Commission.
new text end

new text begin Subd. 2. new text end

new text begin Commission membership. new text end

new text begin The commission shall consist of 15 voting members,
appointed by the Legislative Coordinating Commission as provided in subdivision 9, as
follows:
new text end

new text begin (1) one member with demonstrated expertise in health care finance;
new text end

new text begin (2) one member with demonstrated expertise in health economics;
new text end

new text begin (3) one member with demonstrated expertise in actuarial science;
new text end

new text begin (4) one member with demonstrated expertise in health plan management and finance;
new text end

new text begin (5) one member with demonstrated expertise in health care system management;
new text end

new text begin (6) one member with demonstrated expertise as a purchaser, or a representative of a
purchaser, of employer-sponsored health care services or employer-sponsored health
insurance;
new text end

new text begin (7) one member with demonstrated expertise in the development and utilization of
innovative medical technologies;
new text end

new text begin (8) one member with demonstrated expertise as a health care consumer advocate;
new text end

new text begin (9) one member who is a primary care physician;
new text end

new text begin (10) one member who provides long-term care services through medical assistance;
new text end

new text begin (11) one member with direct experience as an enrollee, or parent or caregiver of an
enrollee, in MinnesotaCare or medical assistance;
new text end

new text begin (12) two members of the senate, including one member appointed by the majority leader
and one member from the minority party appointed by the minority leader; and
new text end

new text begin (13) two members of the house of representatives, including one member appointed by
the speaker of the house and one member from the minority party appointed by the minority
leader.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The commission shall:
new text end

new text begin (1) compare Minnesota's private market health care costs and public health care program
spending to that of the other states;
new text end

new text begin (2) compare Minnesota's private market health care costs and public health care program
spending in any given year to its costs and spending in previous years;
new text end

new text begin (3) identify factors that influence and contribute to Minnesota's ranking for private
market health care costs and public health care program spending, including the year over
year and trend line change in total costs and spending in the state;
new text end

new text begin (4) continually monitor efforts to reform the health care delivery and payment system
in Minnesota to understand emerging trends in the health insurance market, including the
private health care market, large self-insured employers, and the state's public health care
programs in order to identify opportunities for state action to achieve:
new text end

new text begin (i) improved patient experience of care, including quality and satisfaction;
new text end

new text begin (ii) improved health of all populations; and
new text end

new text begin (iii) reduced per capita cost of health care;
new text end

new text begin (5) make recommendations for legislative policy, the health care market, or any other
reforms to:
new text end

new text begin (i) lower the rate of growth in private market health care costs and public health care
program spending in the state;
new text end

new text begin (ii) positively impact the state's ranking in the areas listed in this subdivision; and
new text end

new text begin (iii) improve the quality and value of care for all Minnesotans; and
new text end

new text begin (6) conduct any additional reviews requested by the legislature.
new text end

new text begin (b) In making recommendations to the legislature, the commission shall consider:
new text end

new text begin (i) how the recommendations might positively impact the cost-shifting interplay between
public payer reimbursement rates and health insurance premiums; and
new text end

new text begin (ii) how public health care programs, where appropriate, may be utilized as a means to
help prepare enrollees for an eventual transition to the private health care market.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commission shall submit recommendations for changes in health
care policy and financing by June 15 each year to the chairs and ranking minority members
of the legislative committees with primary jurisdiction over health care. The report shall
include any draft legislation to implement the commission's recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The commission shall hire a director who may employ or contract for
professional and technical assistance as the commission determines necessary to perform
its duties. The commission may also contract with private entities with expertise in health
economics, health finance, and actuarial science to secure additional information, data,
research, or modeling that may be necessary for the commission to carry out its duties.
new text end

new text begin Subd. 6. new text end

new text begin Access to information. new text end

new text begin The commission may secure directly from a state
department or agency de-identified information and data that is necessary for the commission
to carry out its duties. For purposes of this section, "de-identified" means the process used
to prevent the identity of a person or business from being connected with information and
ensuring all identifiable information has been removed.
new text end

new text begin Subd. 7. new text end

new text begin Terms; vacancies; compensation. new text end

new text begin (a) Public members of the commission shall
serve four-year terms. The public members may not serve for more than two consecutive
terms.
new text end

new text begin (b) The legislative members shall serve on the commission as long as the member or
the appointing authority holds office.
new text end

new text begin (c) The removal of members and filling of vacancies on the commission are as provided
in section 15.059.
new text end

new text begin (d) Public members may receive compensation and expenses as provided in section
15.059, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Chairs; officers. new text end

new text begin The commission shall elect a chair annually. The commission
may elect other officers necessary for the performance of its duties.
new text end

new text begin Subd. 9. new text end

new text begin Selection of members; advisory council. new text end

new text begin The Legislative Coordinating
Commission shall take applications from members of the public who are qualified and
interested to serve in one of the listed positions. The applications must be reviewed by a
health policy commission advisory council comprised of four members as follows: the state
economist, legislative auditor, state demographer, and the president of the Federal Reserve
Bank of Minneapolis or a designee of the president. The advisory council shall recommend
two applicants for each of the specified positions by September 30 in the calendar year
preceding the end of the members' terms. The Legislative Coordinating Commission shall
appoint one of the two recommended applicants to the commission.
new text end

new text begin Subd. 10. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at least four times each year.
Commission meetings are subject to chapter 13D.
new text end

new text begin Subd. 11. new text end

new text begin Conflict of interest. new text end

new text begin A member of the commission may not participate in or
vote on a decision of the commission relating to an organization in which the member has
either a direct or indirect financial interest.
new text end

new text begin Subd. 12. new text end

new text begin Expiration. new text end

new text begin The commission shall expire on June 15, 2024.
new text end

Sec. 3.

Minnesota Statutes 2016, section 256.01, is amended by adding a subdivision to
read:


new text begin Subd. 17a. new text end

new text begin Transfers for routine administrative operations. new text end

new text begin (a) Unless specifically
authorized by law, the commissioner may only transfer money from the general fund to any
other fund for routine administrative operations and may not transfer money from the general
fund to any other fund without approval from the commissioner of management and budget.
If the commissioner of management and budget determines that a transfer proposed by the
commissioner is necessary for routine administrative operations of the Department of Human
Services, the commissioner may approve the transfer. If the commissioner of management
and budget determines that the transfer proposed by the commissioner is not necessary for
routine administrative operations of the Department of Human Services, the commissioner
may not approve the transfer unless the requirements of paragraph (b) are met.
new text end

new text begin (b) If the commissioner of management and budget determines that a transfer under
paragraph (a) is not necessary for routine administrative operations of the Department of
Human Services, the commissioner may request approval of the transfer from the Legislative
Advisory Commission under section 3.30. To request approval of a transfer from the
Legislative Advisory Commission, the commissioner must submit a request that includes
the amount of the transfer, the budget activity and fund from which money would be
transferred and the budget activity and fund to which money would be transferred, an
explanation of the administrative necessity of the transfer, and a statement from the
commissioner of management and budget explaining why the transfer is not necessary for
routine administrative operations of the Department of Human Services. The Legislative
Advisory Commission shall review the proposed transfer and make a recommendation
within 20 days of the request from the commissioner. If the Legislative Advisory Commission
makes a positive recommendation or no recommendation, the commissioner may approve
the transfer. If the Legislative Advisory Commission makes a negative recommendation or
a request for more information, the commissioner may not approve the transfer. A
recommendation of the Legislative Advisory Commission must be made by a majority of
the commission and must be made at a meeting of the commission unless a written
recommendation is signed by a majority of the commission members required to vote on
the question. If the commission makes a negative recommendation or a request for more
information, the commission may withdraw or change its recommendation.
new text end

Sec. 4.

Minnesota Statutes 2016, section 256B.04, subdivision 14, is amended to read:


Subd. 14.

Competitive bidding.

(a) When determined to be effective, economical, and
feasible, the commissioner may utilize volume purchase through competitive bidding and
negotiation under the provisions of chapter 16C, to provide items under the medical assistance
program including but not limited to the following:

(1) eyeglasses;

(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
on a short-term basis, until the vendor can obtain the necessary supply from the contract
dealer;

(3) hearing aids and supplies; and

(4) durable medical equipment, including but not limited to:

(i) hospital beds;

(ii) commodes;

(iii) glide-about chairs;

(iv) patient lift apparatus;

(v) wheelchairs and accessories;

(vi) oxygen administration equipment;

(vii) respiratory therapy equipment;

(viii) electronic diagnostic, therapeutic and life-support systems;

(5) nonemergency medical transportation level of need determinations, disbursement of
public transportation passes and tokens, and volunteer and recipient mileage and parking
reimbursements; and

(6) drugs.

(b) Rate changes and recipient cost-sharing under this chapter and chapter 256L do not
affect contract payments under this subdivision unless specifically identified.

(c) The commissioner may not utilize volume purchase through competitive bidding
and negotiation deleted text beginfor special transportation servicesdeleted text end under the provisions of chapter 16Cnew text begin for
special transportation services or incontinence products and related supplies
new text end.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 3b, is
amended to read:


Subd. 3b.

Telemedicine services.

(a) Medical assistance covers medically necessary
services and consultations delivered by a licensed health care provider via telemedicine in
the same manner as if the service or consultation was delivered in person. Coverage is
limited to three telemedicine services per enrollee per calendar weeknew text begin, except as provided
in paragraph (f)
new text end. Telemedicine services shall be paid at the full allowable rate.

(b) The commissioner shall establish criteria that a health care provider must attest to
in order to demonstrate the safety or efficacy of delivering a particular service via
telemedicine. The attestation may include that the health care provider:

(1) has identified the categories or types of services the health care provider will provide
via telemedicine;

(2) has written policies and procedures specific to telemedicine services that are regularly
reviewed and updated;

(3) has policies and procedures that adequately address patient safety before, during,
and after the telemedicine service is rendered;

(4) has established protocols addressing how and when to discontinue telemedicine
services; and

(5) has an established quality assurance process related to telemedicine services.

(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service provided by telemedicine to a medical assistance enrollee.
Health care service records for services provided by telemedicine must meet the requirements
set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:

(1) the type of service provided by telemedicine;

(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;

(3) the licensed health care provider's basis for determining that telemedicine is an
appropriate and effective means for delivering the service to the enrollee;

(4) the mode of transmission of the telemedicine service and records evidencing that a
particular mode of transmission was utilized;

(5) the location of the originating site and the distant site;

(6) if the claim for payment is based on a physician's telemedicine consultation with
another physician, the written opinion from the consulting physician providing the
telemedicine consultation; and

(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).

(d) For purposes of this subdivision, unless otherwise covered under this chapter,
"telemedicine" is defined as the delivery of health care services or consultations while the
patient is at an originating site and the licensed health care provider is at a distant site. A
communication between licensed health care providers, or a licensed health care provider
and a patient that consists solely of a telephone conversation, e-mail, or facsimile transmission
does not constitute telemedicine consultations or services. Telemedicine may be provided
by means of real-time two-way, interactive audio and visual communications, including the
application of secure video conferencing or store-and-forward technology to provide or
support health care delivery, which facilitate the assessment, diagnosis, consultation,
treatment, education, and care management of a patient's health care.

(e) For purposes of this section, "licensed health care provider" means a licensed health
care provider under section 62A.671, subdivision 6deleted text begin, anddeleted text endnew text begin; a community paramedic as defined
under section 144E.001, subdivision 5f; or
new text end a mental health practitioner defined under section
245.462, subdivision 17, or 245.4871, subdivision 26, working under the general supervision
of a mental health professional; "health care provider" is defined under section 62A.671,
subdivision 3
; and "originating site" is defined under section 62A.671, subdivision 7.

new text begin (f) The limit on coverage of three telemedicine services per enrollee per calendar week
does not apply if:
new text end

new text begin (1) the telemedicine services provided by the licensed health care provider are for the
treatment and control of tuberculosis; and
new text end

new text begin (2) the services are provided in a manner consistent with the recommendations and best
practices specified by the Centers for Disease Control and Prevention.
new text end

Sec. 6.

Minnesota Statutes 2016, section 256B.0625, subdivision 58, is amended to read:


Subd. 58.

Early and periodic screening, diagnosis, and treatment services.

new text begin(a) new text endMedical
assistance covers early and periodic screening, diagnosis, and treatment services (EPSDT).
The payment amount for a complete EPSDT screening shall not include charges for health
care services and products that are available at no cost to the provider and shall not exceed
the rate established per Minnesota Rules, part 9505.0445, item M, effective October 1, 2010.

new text begin (b) A provider is not required to perform as part of an EPSDT screening any of the
recommendations that were added on or after January 1, 2017, to the child and teen checkup
program periodicity schedule, in order to receive the full payment amount for a complete
EPSDT screening. This paragraph expires January 1, 2021.
new text end

new text begin (c) The commissioner shall inform the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services of any new
recommendations added to an EPSDT screening after January 1, 2018, that the provider is
required to perform as part of an EPSDT screening to receive the full payment amount.
new text end

Sec. 7.

new text begin [256B.758] REIMBURSEMENT FOR DOULA SERVICES.
new text end

new text begin Effective for services provided on or after July 1, 2018, payments for doula services
provided by a certified doula shall be $47 per prenatal or postpartum visit, up to a total of
six visits; and $488 for attending and providing doula services at a birth.
new text end

Sec. 8.

Laws 2017, First Special Session chapter 6, article 4, section 61, is amended to
read:


Sec. 61. CAPITATION PAYMENT DELAY.

(a) The commissioner of human services shall delay the medical assistance capitation
payment to managed care plans and county-based purchasing plans due in May 2019 until
July 1, 2019. The payment shall be made no earlier than July 1, 2019, and no later than July
31, 2019.

(b) The commissioner of human services shall delay the medical assistance capitation
payment to managed care plans and county-based purchasing plans due in May 2021 until
July 1, 2021. The payment shall be made no earlier than July 1, 2021, and no later than July
31, 2021.new text begin This paragraph does not apply to the capitation payment for adults without
dependent children.
new text end

Sec. 9. new text beginMINNESOTA HEALTH POLICY COMMISSION; FIRST APPOINTMENTS;
FIRST MEETING.
new text end

new text begin The Health Policy Commission Advisory Council shall make its recommendations under
Minnesota Statutes, section 62J.90, subdivision 9, for candidates to serve on the Minnesota
Health Policy Commission to the Legislative Coordinating Commission by September 30,
2018. The Legislative Coordinating Commission shall make the first appointments of public
members to the Minnesota Health Policy Commission under Minnesota Statutes, section
62J.90, by January 15, 2019. The Legislative Coordinating Commission shall designate five
members to serve terms that are coterminous with the governor and six members to serve
terms that end on the first Monday in January one year after the terms of the other members
conclude. The director of the Legislative Coordinating Commission shall convene the first
meeting of the Minnesota Health Policy Commission by June 15, 2019, and shall act as the
chair until the commission elects a chair at its first meeting.
new text end

Sec. 10. new text beginPAIN MANAGEMENT.
new text end

new text begin (a) The Health Services Policy Committee established under Minnesota Statutes, section
256B.0625, subdivision 3c, shall evaluate and make recommendations on the integration
of nonpharmacologic pain management that are clinically viable and sustainable; reduce or
eliminate chronic pain conditions; improve functional status; and prevent addiction and
reduce dependence on opiates or other pain medications. The recommendations must be
based on best practices for the effective treatment of musculoskeletal pain provided by
health practitioners identified in paragraph (b), and covered under medical assistance. Each
health practitioner represented under paragraph (b) shall present the minimum best integrated
practice recommendations, policies, and scientific evidence for nonpharmacologic treatment
options for eliminating pain and improving functional status within their full professional
scope. Recommendations for integration of services may include guidance regarding
screening for co-occurring behavioral health diagnosis; protocols for communication between
all providers treating a unique individual, including protocols for follow-up; and universal
mechanisms to assess improvements in functional status.
new text end

new text begin (b) In evaluating and making recommendations, the Health Services Policy Committee
shall consult and collaborate with the following health practitioners: acupuncture practitioners
licensed under Minnesota Statutes, chapter 147B; chiropractors licensed under Minnesota
Statutes, sections 148.01 to 148.10; physical therapists licensed under Minnesota Statutes,
sections 148.68 to 148.78; medical and osteopathic physicians licensed under Minnesota
Statutes, chapter 147, and advanced practice registered nurses licensed under Minnesota
Statutes, sections 148.171 to 148.285, with experience in providing primary care
collaboratively within a multidisciplinary team of health care practitioners who employ
nonpharmacologic pain therapies; and psychologists licensed under Minnesota Statutes,
section 148.907.
new text end

new text begin (c) The commissioner shall submit a progress report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by January 15, 2019, and shall report final recommendations by August
1, 2019. The final report may also contain recommendations for developing and implementing
a pilot program to assess the clinical viability, sustainability, and effectiveness of integrated
nonpharmacologic, multidisciplinary treatments for managing musculoskeletal pain and
improving functional status.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 31c, new text end new text begin is repealed.
new text end

ARTICLE 2

HEALTH DEPARTMENT

Section 1.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is
amended to read:


Subd. 2.

Boring.

"Boring" means a hole or excavation that deleted text beginis not used to extract water
deleted text enddeleted text begin anddeleted text end includes exploratory borings, bored geothermal heat exchangers, new text begintemporary borings,
new text end and elevator borings.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended
to read:


Subd. 8a.

Environmental well.

"Environmental well" means an excavation 15 or more
feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed
to:

(1) conduct physical, chemical, or biological testing of groundwater, and includes a
groundwater quality monitoring or sampling well;

(2) lower a groundwater level to control or remove contamination in groundwater, and
includes a remedial well and excludes horizontal trenches; or

(3) monitor or measure physical, chemical, radiological, or biological parameters of the
earth and earth fluids, or for vapor recovery or venting systems. An environmental well
includes an excavation used to:

(i) measure groundwater levels, including a piezometer;

(ii) determine groundwater flow direction or velocity;

(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or
resistance;

(iv) obtain samples of geologic materials for testing or classification; or

(v) remove or remediate pollution or contamination from groundwater or soil through
the use of a vent, vapor recovery system, or sparge point.

new text begin An environmental well does not include an exploratory boring.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is amended
to read:


Subd. 17a.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

deleted text begin "Temporary environmental well"
means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed
within 72 hours of the time construction on the well begins.
deleted text end new text begin "Temporary boring" means an
excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of
construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
new text end

new text begin (1) conduct physical, chemical, or biological testing of groundwater, including
groundwater quality monitoring;
new text end

new text begin (2) monitor or measure physical, chemical, radiological, or biological parameters of
earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or
resistance;
new text end

new text begin (3) measure groundwater levels, including use of a piezometer;
new text end

new text begin (4) determine groundwater flow direction or velocity; or
new text end

new text begin (5) collect samples of geologic materials for testing or classification, or soil vapors for
testing or extraction.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended
to read:


Subdivision 1.

Notification required.

(a) Except as provided in paragraph (d), a person
may not construct a water-supply, dewatering, or environmental well until a notification of
the proposed well on a form prescribed by the commissioner is filed with the commissioner
with the filing fee in section 103I.208, and, when applicable, the person has met the
requirements of paragraph (e). If after filing the well notification an attempt to construct a
well is unsuccessful, a new notification is not required unless the information relating to
the successful well has substantially changed. A notification is not required prior to
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

(b) The property owner, the property owner's agent, or the licensed contractor where a
well is to be located must file the well notification with the commissioner.

(c) The well notification under this subdivision preempts local permits and notifications,
and counties or home rule charter or statutory cities may not require a permit or notification
for wells unless the commissioner has delegated the permitting or notification authority
under section 103I.111.

(d) A person who is an individual that constructs a drive point water-supply well on
property owned or leased by the individual for farming or agricultural purposes or as the
individual's place of abode must notify the commissioner of the installation and location of
the well. The person must complete the notification form prescribed by the commissioner
and mail it to the commissioner by ten days after the well is completed. A fee may not be
charged for the notification. A person who sells drive point wells at retail must provide
buyers with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.

(e) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:

(1) the location of the well;

(2) the formation or aquifer that will serve as the water source;

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be
requested in the appropriation permit; and

(4) other information requested by the commissioner of natural resources that is necessary
to conduct the preliminary assessment required under section 103G.287, subdivision 1,
paragraph (c).

The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended
to read:


Subd. 4.

License required.

(a) Except as provided in paragraph (b), (c), (d), or (e),
section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct,
repair, or seal a well or boring unless the person has a well contractor's license in possession.

(b) A person may construct, repair, and seal an environmental well new text beginor temporary boring
new text end if the person:

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches
of civil or geological engineering;

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

(4) is a geologist certified by the American Institute of Professional Geologists; or

(5) meets the qualifications established by the commissioner in rule.

A person must be licensed by the commissioner as an environmental well contractor on
forms provided by the commissioner.

(c) A person may do the following work with a limited well/boring contractor's license
in possession. A separate license is required for each of the four activities:

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors,
well pumps and pumping equipment, and well casings from the pitless adaptor or pitless
unit to the upper termination of the well casing;

(2) sealing wells and borings;

(3) constructing, repairing, and sealing dewatering wells; or

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

(d) A person may construct, repair, and seal an elevator boring with an elevator boring
contractor's license.

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not
required for a person who complies with the other provisions of this chapter if the person
is:

(1) an individual who constructs a water-supply well on land that is owned or leased by
the individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode;

(2) an individual who performs labor or services for a contractor licensed under the
provisions of this chapter in connection with the construction, sealing, or repair of a well
or boring at the direction and under the personal supervision of a contractor licensed under
the provisions of this chapter; or

(3) a licensed plumber who is repairing submersible pumps or water pipes associated
with well water systems if: (i) the repair location is within an area where there is no licensed
well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
sections of the plumbing code.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended
to read:


Subdivision 1.

Well notification fee.

The well notification fee to be paid by a property
owner is:

(1) for construction of a water supply well, $275, which includes the state core function
fee;

(2) for a well sealing, $75 for each wellnew text begin or boringnew text end, which includes the state core function
fee, except that a single fee of $75 is required for all temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end
recorded on the sealing notification for a single propertydeleted text begin, having depths within a 25 foot
range, and
deleted text end sealed within 72 hours of start of constructionnew text begin, except that temporary borings
less than 25 feet in depth are exempt from the notification and fee requirements in this
chapter
new text end;

(3) for construction of a dewatering well, $275, which includes the state core function
fee, for each dewatering well except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the
notification; and

(4) for construction of an environmental well, $275, which includes the state core function
fee, except that a single fee of $275 is required for all environmental wells recorded on the
notification that are located on a single property, and except that no fee is required for
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended
to read:


Subd. 3.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end and unsuccessful well exemption.

This section does not apply to temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end or unsuccessful wells
that have been sealed by a licensed contractor in compliance with this chapter.

Sec. 8.

Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:


Subd. 6.

Notification required.

A person may not seal a well new text beginor boring new text enduntil a notification
of the proposed sealing is filed as prescribed by the commissioner.new text begin Temporary borings less
than 25 feet in depth are exempt from the notification requirements in this chapter.
new text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended
to read:


Subd. 4.

Notification and map of borings.

(a) By ten days before beginning exploratory
boring, an explorer must submit to the commissioner of health a notification of the proposed
boring deleted text beginon a form prescribed by the commissioner,deleted text endnew text begin mapnew text end and a fee of $275 deleted text beginfor each exploratory
boring
deleted text end.

(b) By ten days before beginning exploratory boring, an explorer must submit to the
commissioners of health and natural resources a county road map new text beginon a single sheet of paper
that is 8-1/2 inches by 11 inches in size and
new text end having a scale of one-half inch equal to one
mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States Geological Survey, showing the
location of each proposed exploratory boring to the nearest estimated 40 acre parcel.
Exploratory boring that is proposed on the map may not be commenced later than 180 days
after submission of the map, unless a new map is submitted.

Sec. 10.

Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:


Subd. 1a.

Fees for ionizing radiation-producing equipment.

(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:

(1)
medical or veterinary equipment
$
100
(2)
dental x-ray equipment
$
40
(3)
x-ray equipment not used on
humans or animals
$
100
(4)
devices with sources of ionizing
radiation not used on humans or
animals
$
100
new text begin (5)
new text end
new text begin security screening system
new text end
new text begin $
new text end
new text begin 100
new text end

(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.

(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.

new text begin (d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in custody of a
correctional or detention facility, and is used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed by the commissioner of corrections
under section 241.021, and operated by a state agency or political subdivision charged with
detection, enforcement, or incarceration in respect to state criminal and traffic laws.
new text end

Sec. 11.

Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Exemption from examination requirements; operators of security screening
systems.
new text end

new text begin (a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end

new text begin (b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment.
new text end

Sec. 12.

new text begin [144.397] STATEWIDE TOBACCO CESSATION SERVICES.
new text end

new text begin (a) The commissioner of health shall administer, or contract for the administration of,
statewide tobacco cessation services to assist Minnesotans who are seeking advice or services
to help them quit using tobacco products. The commissioner shall establish statewide public
awareness activities to inform the public of the availability of the services and encourage
the public to utilize the services because of the dangers and harm of tobacco use and
dependence.
new text end

new text begin (b) Services to be provided may include, but are not limited to:
new text end

new text begin (1) telephone-based coaching and counseling;
new text end

new text begin (2) referrals;
new text end

new text begin (3) written materials mailed upon request;
new text end

new text begin (4) Web-based texting or e-mail services; and
new text end

new text begin (5) free Food and Drug Administration-approved tobacco cessation medications.
new text end

new text begin (c) Services provided must be consistent with evidence-based best practices in tobacco
cessation services. Services provided must be coordinated with employer, health plan
company, and private sector tobacco prevention and cessation services that may be available
to individuals depending on their employment or health coverage.
new text end

Sec. 13.

Laws 2017, First Special Session chapter 6, article 10, section 144, is amended
to read:


Sec. 144. OPIOID ABUSE PREVENTION PILOT PROJECTS.

(a) The commissioner of health shall establish opioid abuse prevention pilot projects in
geographic areas throughout the state based on the most recently available data on opioid
overdose and abuse rates, to reduce opioid abuse through the use of controlled substance
care teams and community-wide coordination of abuse-prevention initiatives. The
commissioner shall award grants to health care providers, health plan companies, local units
of government, tribal governments, or other entities to establish pilot projects.

(b) Each pilot project must:

(1) be designed to reduce emergency room and other health care provider visits resulting
from opioid use or abuse, and reduce rates of opioid addiction in the community;

(2) establish multidisciplinary controlled substance care teams, that may consist of
physicians, pharmacists, social workers, nurse care coordinators, and mental health
professionals;

(3) deliver health care services and care coordination, through controlled substance care
teams, to reduce the inappropriate use of opioids by patients and rates of opioid addiction;

(4) address any unmet social service needs that create barriers to managing pain
effectively and obtaining optimal health outcomes;

(5) provide prescriber and dispenser education and assistance to reduce the inappropriate
prescribing and dispensing of opioids;

(6) promote the adoption of best practices related to opioid disposal and reducing
opportunities for illegal access to opioids; and

(7) engage partners outside of the health care system, including schools, law enforcement,
and social services, to address root causes of opioid abuse and addiction at the community
level.

(c) The commissioner shall contract with an accountable community for health that
operates an opioid abuse prevention project, and can document success in reducing opioid
use through the use of controlled substance care teams, to assist the commissioner in
administering this section, and to provide technical assistance to the commissioner and to
entities selected to operate a pilot project.

(d) The contract under paragraph (c) shall require the accountable community for health
to evaluate the extent to which the pilot projects were successful in reducing the inappropriate
use of opioids. The evaluation must analyze changes in the number of opioid prescriptions,
the number of emergency room visits related to opioid use, and other relevant measures.
The accountable community for health shall report evaluation results to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance and public safety by December 15, 2019new text begin, for projects
that received funding in fiscal year 2018, and by December 15, 2021, for projects that
received funding in fiscal year 2019
new text end.

(e) The commissioner may award one grant that, in addition to the other requirements
of this section, allows a root cause approach to reduce opioid abuse in an American Indian
community.

Sec. 14. new text beginLOW-VALUE HEALTH SERVICES STUDY.
new text end

new text begin (a) The commissioner of health shall examine and analyze:
new text end

new text begin (1) the alignment in health care delivery with specific best practices guidelines or
recommendations; and
new text end

new text begin (2) health care services and procedures for purposes of identifying, measuring, and
potentially eliminating those services or procedures with low value and little benefit to
patients. The commissioner shall update and expand on previous work completed by the
Department of Health on the prevalence and costs of low-value health care services in
Minnesota.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 62U.04, subdivision 11, the
commissioner may use the Minnesota All Payer Claims Database (MN APCD) to conduct
the analysis using the most recent data available and may limit the claims research to the
Minnesota All Payer Claims Database.
new text end

new text begin (c) The commissioner may convene a work group of no more than eight members with
demonstrated knowledge and expertise in health care delivery systems, clinical experience,
or research experience to make recommendations on services and procedures for the
commissioner to analyze under paragraph (a).
new text end

new text begin (d) The commissioner shall submit a preliminary report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care by February 1,
2019, outlining the work group's recommendations and any early findings from the analysis.
The commissioner shall submit a final report containing the completed analysis by January
15, 2020. The commissioner may release select research findings as a result of this study
throughout the study and analytic process and shall provide the public an opportunity to
comment on any research findings before the release of any finding.
new text end

Sec. 15. new text beginOPIOID OVERDOSE REDUCTION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health shall provide grants to
ambulance services to fund activities by community paramedic teams to reduce opioid
overdoses in the state. Under this pilot program, ambulance services shall develop and
implement projects in which community paramedics connect with patients who are discharged
from a hospital or emergency department following an opioid overdose episode, develop
personalized care plans for those patients in consultation with the ambulance service medical
director, and provide follow-up services to those patients.
new text end

new text begin Subd. 2. new text end

new text begin Priority areas; services. new text end

new text begin (a) In a project developed under this section, an
ambulance service must target community paramedic team services to portions of the service
area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs
for interventions.
new text end

new text begin (b) In a project developed under this section, a community paramedic team shall:
new text end

new text begin (1) provide services to patients released from a hospital or emergency department
following an opioid overdose episode and place priority on serving patients who were
administered the opiate antagonist naloxone hydrochloride by emergency medical services
personnel in response to a 911 call during the opioid overdose episode;
new text end

new text begin (2) provide the following evaluations during an initial home visit: (i) a home safety
assessment including whether there is a need to dispose of prescription drugs that are expired
or no longer needed; (ii) medication compliance; (iii) an HIV risk assessment; (iv) instruction
on the use of naloxone hydrochloride; and (v) a basic needs assessment;
new text end

new text begin (3) provide patients with health assessments, chronic disease monitoring and education,
and assistance in following hospital discharge orders; and
new text end

new text begin (4) work with a multidisciplinary team to address the overall physical and mental health
needs of patients and health needs related to substance use disorder treatment.
new text end

new text begin (c) An ambulance service receiving a grant under this section may use grant funds to
cover the cost of evidence-based training in opioid addiction and recovery treatment.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin An ambulance service that receives a grant under this section shall
evaluate the extent to which the project was successful in reducing the number of opioid
overdoses and opioid overdose deaths among patients who received services and in reducing
the inappropriate use of opioids by patients who received services. The commissioner of
health shall develop specific evaluation measures and reporting timelines for ambulance
services receiving grants. Ambulance services shall submit the information required by the
commissioner to the commissioner and the commissioner shall submit a summary of the
information reported by the ambulance services to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services by December
1, 2019.
new text end

Sec. 16. new text beginRULEMAKING; SECURITY SCREENING SYSTEMS.
new text end

new text begin The commissioner of health may adopt permanent rules to implement Minnesota Statutes,
section 144.121, subdivision 9, by December 31, 2020. If the commissioner of health does
not adopt rules by December 31, 2020, rulemaking authority under this section is repealed.
Rulemaking authority under this section is not continuing authority to amend or repeal the
rule. Any additional action on rules once adopted must be pursuant to specific statutory
authority to take the additional action.
new text end

ARTICLE 3

HEALTH COVERAGE

Section 1.

Minnesota Statutes 2016, section 62A.30, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Mammograms. new text end

new text begin (a) For purposes of subdivision 2, coverage for a preventive
mammogram screening shall include digital breast tomosynthesis for enrollees at risk for
breast cancer, and shall be covered as a preventive item or service, as described under section
62Q.46.
new text end

new text begin (b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic
procedure that involves the acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of the breast. "At risk for breast
cancer" means:
new text end

new text begin (1) having a family history with one or more first- or second-degree relatives with breast
cancer;
new text end

new text begin (2) testing positive for BRCA1 or BRCA2 mutations;
new text end

new text begin (3) having heterogeneously dense breasts or extremely dense breasts based on the Breast
Imaging Reporting and Data System established by the American College of Radiology; or
new text end

new text begin (4) having a previous diagnosis of breast cancer.
new text end

new text begin (c) This subdivision does not apply to coverage provided through a public health care
program under chapter 256B or 256L.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to health
plans issued, sold, or renewed on or after that date.
new text end

Sec. 2.

new text begin [62J.824] FACILITY FEE DISCLOSURE.
new text end

new text begin (a) Prior to the delivery of nonemergency services, a provider-based clinic that charges
a facility fee shall provide notice to any patient stating that the clinic is part of a hospital
and the patient may receive a separate charge or billing for the facility component, which
may result in a higher out-of-pocket expense.
new text end

new text begin (b) Each health care facility must post prominently in locations easily accessible to and
visible by patients, including its Web site, a statement that the provider-based clinic is part
of a hospital and the patient may receive a separate charge or billing for the facility, which
may result in a higher out-of-pocket expense.
new text end

new text begin (c) This section does not apply to laboratory services, imaging services, or other ancillary
health services that are provided by staff who are not employed by the health care facility
or clinic.
new text end

new text begin (d) For purposes of this section:
new text end

new text begin (1) "facility fee" means any separate charge or billing by a provider-based clinic in
addition to a professional fee for physicians' services that is intended to cover building,
electronic medical records systems, billing, and other administrative and operational
expenses; and
new text end

new text begin (2) "provider-based clinic" means the site of an off-campus clinic or provider office
located at least 250 yards from the main hospital buildings or as determined by the Centers
for Medicare and Medicaid Services, that is owned by a hospital licensed under chapter 144
or a health system that operates one or more hospitals licensed under chapter 144, and is
primarily engaged in providing diagnostic and therapeutic care, including medical history,
physical examinations, assessment of health status, and treatment monitoring. This definition
does not include clinics that are exclusively providing laboratory, x-ray, testing, therapy,
pharmacy, or educational services and does not include facilities designated as rural health
clinics.
new text end

Sec. 3.

new text begin [62Q.184] STEP THERAPY OVERRIDE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Clinical practice guideline" means a systematically developed statement to assist
health care providers and enrollees in making decisions about appropriate health care services
for specific clinical circumstances and conditions developed independently of a health plan
company, pharmaceutical manufacturer, or any entity with a conflict of interest.
new text end

new text begin (c) "Clinical review criteria" means the written screening procedures, decision abstracts,
clinical protocols, and clinical practice guidelines used by a health plan company to determine
the medical necessity and appropriateness of health care services.
new text end

new text begin (d) "Health plan company" has the meaning given in section 62Q.01, subdivision 4, but
does not include a managed care organization or county-based purchasing plan participating
in a public program under chapter 256B or 256L, or an integrated health partnership under
section 256B.0755.
new text end

new text begin (e) "Step therapy protocol" means a protocol or program that establishes the specific
sequence in which prescription drugs for a specified medical condition, including
self-administered and physician-administered drugs, are medically appropriate for a particular
enrollee and are covered under a health plan.
new text end

new text begin (f) "Step therapy override" means that the step therapy protocol is overridden in favor
of coverage of the selected prescription drug of the prescribing health care provider because
at least one of the conditions of subdivision 3, paragraph (a), exists.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of a step therapy protocol. new text end

new text begin A health plan company shall
consider available recognized evidence-based and peer-reviewed clinical practice guidelines
when establishing a step therapy protocol. Upon written request of an enrollee, a health plan
company shall provide any clinical review criteria applicable to a specific prescription drug
covered by the health plan.
new text end

new text begin Subd. 3. new text end

new text begin Step therapy override process; transparency. new text end

new text begin (a) When coverage of a
prescription drug for the treatment of a medical condition is restricted for use by a health
plan company through the use of a step therapy protocol, enrollees and prescribing health
care providers shall have access to a clear, readily accessible, and convenient process to
request a step therapy override. The process shall be made easily accessible on the health
plan company's Web site. A health plan company may use its existing medical exceptions
process to satisfy this requirement. A health plan company shall grant an override to the
step therapy protocol if at least one of the following conditions exist:
new text end

new text begin (1) the prescription drug required under the step therapy protocol is contraindicated
pursuant to the pharmaceutical manufacturer's prescribing information for the drug or, due
to a documented adverse event with a previous use or a documented medical condition,
including a comorbid condition, is likely to do any of the following:
new text end

new text begin (i) cause an adverse reaction in the enrollee;
new text end

new text begin (ii) decrease the ability of the enrollee to achieve or maintain reasonable functional
ability in performing daily activities; or
new text end

new text begin (iii) cause physical or mental harm to the enrollee;
new text end

new text begin (2) the enrollee has had a trial of the required prescription drug covered by their current
or previous health plan, or another prescription drug in the same pharmacologic class or
with the same mechanism of action, and was adherent during such trial for a period of time
sufficient to allow for a positive treatment outcome, and the prescription drug was
discontinued by the enrollee's health care provider due to lack of effectiveness, or an adverse
event. This clause does not prohibit a health plan company from requiring an enrollee to
try another drug in the same pharmacologic class or with the same mechanism of action if
that therapy sequence is supported by the evidence-based and peer-reviewed clinical practice
guideline, Food and Drug Administration label, or pharmaceutical manufacturer's prescribing
information; or
new text end

new text begin (3) the enrollee is currently receiving a positive therapeutic outcome on a prescription
drug for the medical condition under consideration if, while on their current health plan or
the immediately preceding health plan, the enrollee received coverage for the prescription
drug and the enrollee's prescribing health care provider gives documentation to the health
plan company that the change in prescription drug required by the step therapy protocol is
expected to be ineffective or cause harm to the enrollee based on the known characteristics
of the specific enrollee and the known characteristics of the required prescription drug.
new text end

new text begin (b) Upon granting a step therapy override, a health plan company shall authorize coverage
for the prescription drug if the prescription drug is a covered prescription drug under the
enrollee's health plan.
new text end

new text begin (c) The enrollee, or the prescribing health care provider if designated by the enrollee,
may appeal the denial of a step therapy override by a health plan company using the
complaint procedure under sections 62Q.68 to 62Q.73.
new text end

new text begin (d) In a denial of an override request and any subsequent appeal, a health plan company's
decision must specifically state why the step therapy override request did not meet the
condition under paragraph (a) cited by the prescribing health care provider in requesting
the step therapy override and information regarding the procedure to request external review
of the denial pursuant to section 62Q.73. A denial of a request for a step therapy override
that is upheld on appeal is a final adverse determination for purposes of section 62Q.73 and
is eligible for a request for external review by an enrollee pursuant to section 62Q.73.
new text end

new text begin (e) A health plan company shall respond to a step therapy override request or an appeal
within five days of receipt of a complete request. In cases where exigent circumstances
exist, a health plan company shall respond within 72 hours of receipt of a complete request.
If a health plan company does not send a response to the enrollee or prescribing health care
provider if designated by the enrollee within the time allotted, the override request or appeal
is granted and binding on the health plan company.
new text end

new text begin (f) Step therapy override requests must be accessible to and submitted by health care
providers, and accepted by group purchasers electronically through secure electronic
transmission, as described under section 62J.497, subdivision 5.
new text end

new text begin (g) Nothing in this section prohibits a health plan company from:
new text end

new text begin (1) requesting relevant documentation from an enrollee's medical record in support of
a step therapy override request; or
new text end

new text begin (2) requiring an enrollee to try a generic equivalent drug pursuant to section 151.21, or
a biosimilar, as defined under United States Code, title 42, section 262(i)(2), prior to
providing coverage for the equivalent branded prescription drug.
new text end

new text begin (h) This section shall not be construed to allow the use of a pharmaceutical sample for
the primary purpose of meeting the requirements for a step therapy override.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to health
plans offered, issued, or sold on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 151.214, is amended to read:


151.214 PAYMENT DISCLOSURE.

Subdivision 1.

Explanation of pharmacy benefits.

A pharmacist licensed under this
chapter must provide to a patient, for each prescription dispensed where part or all of the
cost of the prescription is being paid or reimbursed by an employer-sponsored plan or health
plan company, or its contracted pharmacy benefit manager, the patient's co-payment amount
deleted text begin anddeleted text endnew text begin,new text end the pharmacy's own usual and customary price of the prescription deleted text beginordeleted text endnew text begin, andnew text end the new text beginnet new text endamount
the pharmacy will deleted text beginbe paid for the prescription drugdeleted text end new text beginreceive from all sources for dispensing
the prescription drug, once the claim has been completed
new text endby the patient's employer-sponsored
plan or health plan company, or its contracted pharmacy benefit manager.

Subd. 2.

No prohibition on disclosure.

No contracting agreement between an
employer-sponsored health plan or health plan company, or its contracted pharmacy benefit
manager, and a resident or nonresident pharmacy deleted text beginregistereddeleted text endnew text begin licensednew text end under this chapter,
may prohibit deleted text beginthedeleted text endnew text begin:
new text end

new text begin (1) a new text endpharmacy from disclosing to patients information a pharmacy is required or given
the option to provide under subdivision 1new text begin; or
new text end

new text begin (2) a pharmacist from informing a patient when the amount the patient is required to
pay under the patient's health plan for a particular drug is greater than the amount the patient
would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's
usual and customary price
new text end.

Sec. 5.

Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Synchronization of refills. new text end

new text begin (a) For purposes of this subdivision,
"synchronization" means the coordination of prescription drug refills for a patient taking
two or more medications for one or more chronic conditions, to allow the patient's
medications to be refilled on the same schedule for a given period of time.
new text end

new text begin (b) A contract between a pharmacy benefit manager and a pharmacy must allow for
synchronization of prescription drug refills for a patient on at least one occasion per year,
if the following criteria are met:
new text end

new text begin (1) the prescription drugs are covered under the patient's health plan or have been
approved by a formulary exceptions process;
new text end

new text begin (2) the prescription drugs are maintenance medications as defined by the health plan
and have one or more refills available at the time of synchronization;
new text end

new text begin (3) the prescription drugs are not Schedule II, III, or IV controlled substances;
new text end

new text begin (4) the patient meets all utilization management criteria relevant to the prescription drug
at the time of synchronization;
new text end

new text begin (5) the prescription drugs are of a formulation that can be safely split into short-fill
periods to achieve synchronization; and
new text end

new text begin (6) the prescription drugs do not have special handling or sourcing needs that require a
single, designated pharmacy to fill or refill the prescription.
new text end

new text begin (c) When necessary to permit synchronization, the pharmacy benefit manager shall apply
a prorated, daily patient cost-sharing rate to any prescription drug dispensed by a pharmacy
under this subdivision. The dispensing fee shall not be prorated, and all dispensing fees
shall be based on the number of prescriptions filled or refilled.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended
to read:


Subd. 2.

Sheriff to maintain collection receptaclenew text begin or medicine disposal programnew text end.

new text begin(a)
new text end The sheriff of each county shall maintain or contract for the maintenance of at least one
collection receptaclenew text begin or implement a medicine disposal programnew text end for the disposal of
noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
as permitted by federal law. For purposes of this section, "legend drug" has the meaning
given in section 151.01, subdivision 17. The collection receptaclenew text begin and medicine disposal
program
new text end must comply with federal law. In maintaining and operating the collection receptaclenew text begin
or medicine disposal program
new text end, the sheriff shall follow all applicable provisions of Code of
Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended
through May 1, 2017.

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) a medicine disposal program means providing to the public educational information,
and making materials available for safely destroying unwanted legend drugs, including, but
not limited to, drug destruction bags or drops; and
new text end

new text begin (2) a collection receptacle means the operation and maintenance of at least one drop-off
receptacle.
new text end

ARTICLE 4

HEALTH-RELATED LICENSING BOARDS

Section 1.

Minnesota Statutes 2017 Supplement, section 147.01, subdivision 7, is amended
to read:


Subd. 7.

Physician application and license fees.

(a) The board may charge the following
nonrefundable application and license fees processed pursuant to sections 147.02, 147.03,
147.037, 147.0375, and 147.38:

(1) physician application fee, $200;

(2) physician annual registration renewal fee, $192;

(3) physician endorsement to other states, $40;

(4) physician emeritus license, $50;

(5) physician temporary license, $60;

(6) physician late fee, $60;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100;

(10) report creation and generation fee, $60new text begin per hournew text end;

(11) examination administration fee (half day), $50;

(12) examination administration fee (full day), $80; deleted text beginand
deleted text end

(13) fees developed by the Interstate Commission for determining physician qualification
to register and participate in the interstate medical licensure compact, as established in rules
authorized in and pursuant to section 147.38, not to exceed $1,000deleted text begin.deleted text endnew text begin;
new text end

new text begin (14) verification fee, $25; and
new text end

new text begin (15) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund.

Sec. 2.

Minnesota Statutes 2016, section 147.012, is amended to read:


147.012 OVERSIGHT OF ALLIED HEALTH PROFESSIONS.

The board has responsibility for the oversight of the following allied health professions:
physician assistants under chapter 147Adeleted text begin;deleted text endnew text begin,new text end acupuncture practitioners under chapter 147Bdeleted text begin;deleted text endnew text begin,new text end
respiratory care practitioners under chapter 147Cdeleted text begin;deleted text endnew text begin,new text end traditional midwives under chapter 147Ddeleted text begin;deleted text endnew text begin,new text end
registered naturopathic doctors under chapter 147Edeleted text begin;deleted text endnew text begin, genetic counselors under chapter 147F,new text end
and athletic trainers under sections 148.7801 to 148.7815.

Sec. 3.

Minnesota Statutes 2016, section 147.02, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Additional renewal requirements. new text end

new text begin (a) The licensee must maintain a correct
mailing address with the board for receiving board communications, notices, and licensure
renewal documents. Placing the license renewal application in first class United States mail,
addressed to the licensee at the licensee's last known address with postage prepaid, constitutes
valid service. Failure to receive the renewal documents does not relieve a license holder of
the obligation to comply with this section.
new text end

new text begin (b) The names of licensees who do not return a complete license renewal application,
the annual license fee, or the late application fee within 30 days shall be removed from the
list of individuals authorized to practice medicine and surgery during the current renewal
period. Upon reinstatement of licensure, the licensee's name will be placed on the list of
individuals authorized to practice medicine and surgery.
new text end

Sec. 4.

Minnesota Statutes 2016, section 147A.06, is amended to read:


147A.06 CANCELLATION OF LICENSE FOR NONRENEWAL.

new text begin Subdivision 1. new text end

new text begin Cancellation of license. new text end

The board shall not renew, reissue, reinstate, or
restore a license that has lapsed on or after July 1, 1996, and has not been renewed within
two annual renewal cycles starting July 1, 1997. A licensee whose license is canceled for
nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements
then in existence for an initial license to practice as a physician assistant.

new text begin Subd. 2. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee whose
license has lapsed under subdivision 1 before January 1, 2019, and who seeks to regain
licensed status after January 1, 2019, shall be treated as a first-time licensee only for purposes
of establishing a license renewal schedule, and shall not be subject to the license cycle
conversion provisions in section 147A.29.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2016, section 147A.07, is amended to read:


147A.07 RENEWAL.

new text begin (a) new text endA person who holds a license as a physician assistant shall annually, upon notification
from the board, renew the license by:

(1) submitting the appropriate fee as determined by the board;

(2) completing the appropriate forms; and

(3) meeting any other requirements of the board.

new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 147A.28, is amended to read:


147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.

(a) The board may charge the following nonrefundable fees:

(1) physician assistant application fee, $120;

(2) physician assistant annual registration renewal fee (prescribing authority), $135;

(3) physician assistant annual registration renewal fee (no prescribing authority), $115;

(4) physician assistant temporary registration, $115;

(5) physician assistant temporary permit, $60;

(6) physician assistant locum tenens permit, $25;

(7) physician assistant late fee, $50;

(8) duplicate license fee, $20;

(9) certification letter fee, $25;

(10) education or training program approval fee, $100; deleted text beginand
deleted text end

(11) report creation and generation fee, $60deleted text begin.deleted text endnew text begin per hour;
new text end

new text begin (12) verification fee, $25; and
new text end

new text begin (13) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 7.

new text begin [147A.29] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for physician assistant licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147A.28 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147A.28.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2016, section 147B.02, subdivision 9, is amended to read:


Subd. 9.

Renewal.

(a) To renew a license an applicant must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide documentation of current and active NCCAOM certification; or

(4) if licensed under subdivision 5 or 6, meet the same NCCAOM professional
development activity requirements as those licensed under subdivision 7.

(b) An applicant shall submit any additional information requested by the board to clarify
information presented in the renewal application. The information must be submitted within
30 days after the board's request, or the renewal request is nullified.

new text begin (c) An applicant must maintain a correct mailing address with the board for receiving
board communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the applicant at the applicant's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve an applicant of the obligation to comply with this section.
new text end

new text begin (d) The name of an applicant who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the applicant's license is reinstated, the applicant's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 9.

Minnesota Statutes 2016, section 147B.02, is amended by adding a subdivision to
read:


new text begin Subd. 12a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee
whose license has lapsed under subdivision 12 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147B.09.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 147B.08, is amended to read:


147B.08 FEES.

Subd. 4.

Acupuncturist application and license fees.

(a) The board may charge the
following nonrefundable fees:

(1) acupuncturist application fee, $150;

(2) acupuncturist annual registration renewal fee, $150;

(3) acupuncturist temporary registration fee, $60;

(4) acupuncturist inactive status fee, $50;

(5) acupuncturist late fee, $50;

(6) duplicate license fee, $20;

(7) certification letter fee, $25;

(8) education or training program approval fee, $100; deleted text beginand
deleted text end

(9) report creation and generation fee, $60deleted text begin.deleted text endnew text begin per hour;
new text end

new text begin (10) verification fee, $25; and
new text end

new text begin (11) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 11.

new text begin [147B.09] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for acupuncture practitioner licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147B.08 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147B.08.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 12.

Minnesota Statutes 2016, section 147C.15, subdivision 7, is amended to read:


Subd. 7.

Renewal.

(a) To be eligible for license renewal a licensee must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide evidence every two years of a total of 24 hours of continuing education
approved by the board as described in section 147C.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
during the past five years must achieve a passing score on retaking the credentialing
examination.

new text begin (c) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (d) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 13.

Minnesota Statutes 2016, section 147C.15, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee
whose license has lapsed under subdivision 12 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147C.45.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 14.

Minnesota Statutes 2017 Supplement, section 147C.40, is amended to read:


147C.40 FEES.

Subd. 5.

Respiratory therapist application and license fees.

(a) The board may charge
the following nonrefundable fees:

(1) respiratory therapist application fee, $100;

(2) respiratory therapist annual registration renewal fee, $90;

(3) respiratory therapist inactive status fee, $50;

(4) respiratory therapist temporary registration fee, $90;

(5) respiratory therapist temporary permit, $60;

(6) respiratory therapist late fee, $50;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100; deleted text beginand
deleted text end

(10) report creation and generation fee, $60deleted text begin.deleted text endnew text begin per hour;
new text end

new text begin (11) verification fee, $25; and
new text end

new text begin (12) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 15.

new text begin [147C.45] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for respiratory care practitioner
licensees is converted to an annual cycle where renewal is due on the last day of the licensee's
month of birth. Conversion pursuant to this section begins January 1, 2019. This section
governs license renewal procedures for licensees who were licensed before December 31,
2018. The conversion renewal cycle is the renewal cycle following the first license renewal
after January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147C.40 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147C.40.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 16.

Minnesota Statutes 2016, section 147D.17, subdivision 6, is amended to read:


Subd. 6.

Renewal.

new text begin(a) new text endTo be eligible for license renewal, a licensed traditional midwife
must:

(1) complete a renewal application on a form provided by the board;

(2) submit the renewal fee;

(3) provide evidence every three years of a total of 30 hours of continuing education
approved by the board as described in section 147D.21;

(4) submit evidence of an annual peer review and update of the licensed traditional
midwife's medical consultation plan; and

(5) submit any additional information requested by the board. The information must be
submitted within 30 days after the board's request, or the renewal request is nullified.

new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 17.

Minnesota Statutes 2016, section 147D.17, is amended by adding a subdivision
to read:


new text begin Subd. 11a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee
whose license has lapsed under subdivision 11 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147D.29.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 18.

Minnesota Statutes 2016, section 147D.27, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Additional fees. new text end

new text begin The board may also charge the following nonrefundable fees:
new text end

new text begin (1) verification fee, $25;
new text end

new text begin (2) certification letter fee, $25;
new text end

new text begin (3) education or training program approval fee, $100;
new text end

new text begin (4) report creation and generation fee, $60 per hour;
new text end

new text begin (5) duplicate license fee, $20; and
new text end

new text begin (6) criminal background check fee, $32.
new text end

Sec. 19.

new text begin [147D.29] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for traditional midwife licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147D.27 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147D.27.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 20.

Minnesota Statutes 2016, section 147E.15, subdivision 5, is amended to read:


Subd. 5.

Renewal.

new text begin(a) new text endTo be eligible for registration renewal a registrant must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide evidence of a total of 25 hours of continuing education approved by the
board as described in section 147E.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

new text begin (b) A registrant must maintain a correct mailing address with the board for receiving
board communications, notices, and registration renewal documents. Placing the registration
renewal application in first class United States mail, addressed to the registrant at the
registrant's last known address with postage prepaid, constitutes valid service. Failure to
receive the renewal documents does not relieve a registrant of the obligation to comply with
this section.
new text end

new text begin (c) The name of a registrant who does not return a complete registration renewal
application, annual registration fee, or late application fee, as applicable, within the time
period required by this section shall be removed from the list of individuals authorized to
practice during the current renewal period. If the registrant's registration is reinstated, the
registrant's name shall be placed on the list of individuals authorized to practice.
new text end

Sec. 21.

Minnesota Statutes 2016, section 147E.15, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Registration following lapse of registered status; transition. new text end

new text begin (a) A registrant
whose registration has lapsed under subdivision 10 before January 1, 2019, and who seeks
to regain registered status after January 1, 2019, shall be treated as a first-time registrant
only for purposes of establishing a registration renewal schedule, and shall not be subject
to the registration cycle conversion provisions in section 147E.45.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 22.

Minnesota Statutes 2016, section 147E.40, subdivision 1, is amended to read:


Subdivision 1.

Fees.

Fees are as follows:

(1) registration application fee, $200;

(2) renewal fee, $150;

(3) late fee, $75;

(4) inactive status fee, $50; deleted text beginand
deleted text end

(5) temporary permit fee, $25deleted text begin.deleted text endnew text begin;
new text end

new text begin (6) emeritus registration fee, $50;
new text end

new text begin (7) duplicate license fee, $20;
new text end

new text begin (8) certification letter fee, $25;
new text end

new text begin (9) verification fee, $25;
new text end

new text begin (10) education or training program approval fee, $100; and
new text end

new text begin (11) report creation and generation fee, $60 per hour.
new text end

Sec. 23.

new text begin [147E.45] REGISTRATION RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The registration renewal cycle for registered naturopathic
doctors is converted to an annual cycle where renewal is due on the last day of the registrant's
month of birth. Conversion pursuant to this section begins January 1, 2019. This section
governs registration renewal procedures for registrants who were registered before December
31, 2018. The conversion renewal cycle is the renewal cycle following the first registration
renewal after January 1, 2019. The conversion registration period is the registration period
for the conversion renewal cycle. The conversion registration period is between six and 17
months and ends on the last day of the registrant's month of birth in either 2019 or 2020, as
described in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of registration renewal cycle for current registrants. new text end

new text begin For a
registrant whose registration is current as of December 31, 2018, the registrant's conversion
registration period begins on January 1, 2019, and ends on the last day of the registrant's
month of birth in 2019, except that for registrants whose month of birth is January, February,
March, April, May, or June, the registrant's renewal cycle ends on the last day of the
registrant's month of birth in 2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of registration renewal cycle for noncurrent registrants. new text end

new text begin This
subdivision applies to an individual who was registered before December 31, 2018, but
whose registration is not current as of December 31, 2018. When the individual first renews
the registration after January 1, 2019, the conversion renewal cycle begins on the date the
individual applies for renewal and ends on the last day of the registrant's month of birth in
the same year, except that if the last day of the individual's month of birth is less than six
months after the date the individual applies for renewal, then the renewal period ends on
the last day of the individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the registrant's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the registrant's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A registrant who holds a registration issued
before January 1, 2019, and who renews that registration pursuant to subdivision 2 or 3,
shall pay a renewal fee as required in this subdivision.
new text end

new text begin (b) A registrant shall be charged the annual registration fee listed in section 147E.40 for
the conversion registration period.
new text end

new text begin (c) For a registrant whose conversion registration period is six to 11 months, the first
annual registration fee charged after the conversion registration period shall be adjusted to
credit the excess fee payment made during the conversion registration period. The credit is
calculated by: (1) subtracting the number of months of the registrant's conversion registration
period from 12; and (2) multiplying the result of clause (1) by 1/12 of the annual fee rounded
up to the next dollar.
new text end

new text begin (d) For a registrant whose conversion registration period is 12 months, the first annual
registration fee charged after the conversion registration period shall not be adjusted.
new text end

new text begin (e) For a registrant whose conversion registration period is 13 to 17 months, the first
annual registration fee charged after the conversion registration period shall be adjusted to
add the annual registration fee payment for the months that were not included in the annual
registration fee paid for the conversion registration period. The added payment is calculated
by: (1) subtracting 12 from the number of months of the registrant's conversion registration
period; and (2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to
the next dollar.
new text end

new text begin (f) For the second and all subsequent registration renewals made after the conversion
registration period, the registrant's annual registration fee is as listed in section 147E.40.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 24.

Minnesota Statutes 2016, section 147F.07, subdivision 5, is amended to read:


Subd. 5.

License renewal.

new text begin(a) new text endTo be eligible for license renewal, a licensed genetic
counselor must submit to the board:

(1) a renewal application on a form provided by the board;

(2) the renewal fee required under section 147F.17;

(3) evidence of compliance with the continuing education requirements in section
147F.11; and

(4) any additional information requested by the board.

new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 25.

Minnesota Statutes 2016, section 147F.07, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Licensure following lapse of licensure status for two years or less. new text end

new text begin For any
individual whose licensure status has lapsed for two years or less, to regain licensure status,
the individual must:
new text end

new text begin (1) apply for license renewal according to subdivision 5;
new text end

new text begin (2) document compliance with the continuing education requirements of section 147F.11
since the licensed genetic counselor's initial licensure or last renewal; and
new text end

new text begin (3) submit the fees required under section 147F.17 for the period not licensed, including
the fee for late renewal.
new text end

Sec. 26.

Minnesota Statutes 2016, section 147F.07, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee whose
license has lapsed under subdivision 6 before January 1, 2019, and who seeks to regain
licensed status after January 1, 2019, shall be treated as a first-time licensee only for purposes
of establishing a license renewal schedule, and shall not be subject to the license cycle
conversion provisions in section 147F.19.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 27.

Minnesota Statutes 2016, section 147F.17, subdivision 1, is amended to read:


Subdivision 1.

Fees.

Fees are as follows:

(1) license application fee, $200;

(2) initial licensure and annual renewal, $150; deleted text beginand
deleted text end

(3) late fee, $75deleted text begin.deleted text endnew text begin;
new text end

new text begin (4) temporary license fee, $60;
new text end

new text begin (5) duplicate license fee, $20;
new text end

new text begin (6) certification letter fee, $25;
new text end

new text begin (7) education or training program approval fee, $100;
new text end

new text begin (8) report creation and generation fee, $60 per hour; and
new text end

new text begin (9) criminal background check fee, $32.
new text end

Sec. 28.

new text begin [147F.19] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for genetic counselor licensees is
converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147F.17 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147F.17.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 29.

Minnesota Statutes 2016, section 148.7815, subdivision 1, is amended to read:


Subdivision 1.

Fees.

The board shall establish fees as follows:

(1) application fee, $50;

(2) annual registration fee, $100;

(3) temporary registration, $100; deleted text beginand
deleted text end

(4) temporary permit, $50deleted text begin.deleted text endnew text begin;
new text end

new text begin (5) late fee, $15;
new text end

new text begin (6) duplicate license fee, $20;
new text end

new text begin (7) certification letter fee, $25;
new text end

new text begin (8) verification fee, $25;
new text end

new text begin (9) education or training program approval fee, $100; and
new text end

new text begin (10) report creation and generation fee, $60 per hour.
new text end

Sec. 30.

Minnesota Statutes 2016, section 214.075, subdivision 1, is amended to read:


Subdivision 1.

Applications.

(a) deleted text beginBy January 1, 2018,deleted text end Each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require deleted text beginapplicants for initial licensure,
licensure by endorsement, or reinstatement or other relicensure after a lapse in licensure,
as defined by the individual health-related licensing boards,
deleted text endnew text begin the following individualsnew text end to
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI)deleted text begin.deleted text endnew text begin:
new text end

new text begin (1) applicants for initial licensure or licensure by endorsement. An applicant is exempt
from this paragraph if the applicant submitted to a state and national criminal history records
check as described in this paragraph for a license issued by the same board;
new text end

new text begin (2) applicants seeking reinstatement or relicensure, as defined by the individual
health-related licensing board, if more than one year has elapsed since the applicant's license
or registration expiration date; or
new text end

new text begin (3) licensees applying for eligibility to participate in an interstate licensure compact.
new text end

(b) deleted text beginAn applicant must complete a criminal background check if more than one year has
elapsed since the applicant last submitted a background check to the board.
deleted text endnew text begin An applicant's
criminal background check results are valid for one year from the date the background check
results were received by the board. If more than one year has elapsed since the results were
received by the board, then an applicant who has not completed the licensure, reinstatement,
or relicensure process must complete a new background check.
new text end

Sec. 31.

Minnesota Statutes 2016, section 214.075, subdivision 4, is amended to read:


Subd. 4.

Refusal to consent.

(a) The health-related licensing boards shall not issue a
license to any applicant who refuses to consent to a criminal background check or fails to
submit fingerprints deleted text beginwithin 90 daysdeleted text end after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.

(b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health-related licensing
board.

Sec. 32.

Minnesota Statutes 2016, section 214.075, subdivision 5, is amended to read:


Subd. 5.

Submission of fingerprints to the Bureau of Criminal Apprehension.

The
health-related licensing board or designee shall submit applicant or licensee fingerprints to
the BCA. The BCA shall perform a check for state criminal justice information and shall
forward the applicant's or licensee's fingerprints to the FBI to perform a check for national
criminal justice information regarding the applicant or licensee. The BCA shall report to
the board the results of the state and national criminal deleted text beginjustice informationdeleted text endnew text begin history recordsnew text end
checks.

Sec. 33.

Minnesota Statutes 2016, section 214.075, subdivision 6, is amended to read:


Subd. 6.

Alternatives to fingerprint-based criminal background checks.

The
health-related licensing board may require an alternative method of criminal history checks
for an applicant or licensee who has submitted at least deleted text beginthreedeleted text endnew text begin twonew text end sets of fingerprints in
accordance with this section that have been unreadable by the BCA or the FBI.

Sec. 34.

Minnesota Statutes 2016, section 214.077, is amended to read:


214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS
HARM.

(a) Notwithstanding any provision of a health-related professional practice act, when a
health-related licensing board receives a complaint regarding a regulated person and has
probable cause to believe that the regulated person has violated a statute or rule that the
health-related licensing board is empowered to enforce, and continued practice by the
regulated person presents an imminent risk of serious harm, the health-related licensing
board shall issue an order temporarily suspending the regulated person's authority to practice.
The temporary suspension order shall specify the reason for the suspension, including the
statute or rule alleged to have been violated. The temporary suspension order shall take
effect upon personal service on the regulated person or the regulated person's attorney, or
upon the third calendar day after the order is served by first class mail to the most recent
address provided to the health-related licensing board for the regulated person or the regulated
person's attorney.

(b) The temporary suspension shall remain in effect until the health-related licensing
board or the commissioner completes an investigation, holds a contested case hearing
pursuant to the Administrative Procedure Act, and issues a final order in the matter as
provided for in this section.

(c) At the time it issues the temporary suspension order, the health-related licensing
board shall schedule a contested case hearing, on the merits of whether discipline is
warranted, to be held pursuant to the Administrative Procedure Act. The regulated person
shall be provided with at least ten days' notice of any contested case hearing held pursuant
to this section. The contested case hearing shall be scheduled to begin no later than 30 days
after the effective service of the temporary suspension order.

(d) The administrative law judge presiding over the contested case hearing shall issue
a report and recommendation to the health-related licensing board no later than 30 days
after the final day of the contested case hearing.new text begin If the administrative law judge's report and
recommendations are for no action,
new text end the health-related licensing board shall issue a final
order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative
law judge's report and recommendations.new text begin If the administrative law judge's report and
recommendations are for action, the health-related licensing board shall issue a final order
pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law
judge's report and recommendations.
new text end Except as provided in paragraph (e), if the health-related
licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30
days of receipt of the administrative law judge's report and recommendationsnew text begin for no action
or within 60 days of receipt of the administrative law judge's report and recommendations
for action
new text end, the temporary suspension shall be lifted.

(e) If the regulated person requests a delay in the contested case proceedings provided
for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect
until the health-related licensing board issues a final order pursuant to sections 14.61 and
14.62.

(f) This section shall not apply to the Office of Unlicensed Complementary and
Alternative Health Practice established under section 146A.02. The commissioner of health
shall conduct temporary suspensions for complementary and alternative health care
practitioners in accordance with section 146A.09.

Sec. 35.

Minnesota Statutes 2016, section 214.10, subdivision 8, is amended to read:


Subd. 8.

Special requirements for health-related licensing boards.

In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements
in this subdivision apply to all health-related licensing boards, except the Board of Veterinary
Medicine.

(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the
opinion of the executive director or consulted board member that there is sufficient evidence
to justify disciplinary action, the board shall conduct a disciplinary conference or hearing.
If, after a hearing or disciplinary conference the board determines that misconduct involving
sexual contact with a patient or client occurred, the board shall take disciplinary action.
Notwithstanding subdivision 2, a board may not attempt to correct improper activities or
redress grievances through education, conciliation, and persuasion, unless in the opinion of
the executive director or consulted board member there is insufficient evidence to justify
disciplinary action. The board may settle a case by stipulation prior to, or during, a hearing
if the stipulation provides for disciplinary action.

(b) A board member who has a direct current or former financial connection or
professional relationship to a person who is the subject of board disciplinary activities must
not participate in board activities relating to that case.

(c) Each health-related licensing board shall establish procedures for exchanging
information with other Minnesota state boards, agencies, and departments responsible for
regulating health-related occupations, facilities, and programs, and for coordinating
investigations involving matters within the jurisdiction of more than one regulatory body.
The procedures must provide for the forwarding to other regulatory bodies of all information
and evidence, including the results of investigations, that are relevant to matters within that
licensing body's regulatory jurisdiction. Each health-related licensing board shall have access
to any data of the Department of Human Services relating to a person subject to the
jurisdiction of the licensing board. The data shall have the same classification under chapter
13, the Minnesota Government Data Practices Act, in the hands of the agency receiving the
data as it had in the hands of the Department of Human Services.

(d) Each health-related licensing board shall establish procedures for exchanging
information with other states regarding disciplinary actions against licensees. The procedures
must provide for the collection of information from other states about disciplinary actions
taken against persons who are licensed to practice in Minnesota or who have applied to be
licensed in this state and the dissemination of information to other states regarding
disciplinary actions taken in Minnesota. In addition to any authority in chapter 13 permitting
the dissemination of data, the board may, in its discretion, disseminate data to other states
regardless of its classification under chapter 13. new text beginCriminal history record information shall
not be exchanged.
new text endBefore transferring any data that is not public, the board shall obtain
reasonable assurances from the receiving state that the data will not be made public.

Sec. 36.

Minnesota Statutes 2017 Supplement, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to the licensing
and background investigation process under chapter 240; to eligibility for school bus driver
endorsements; to eligibility for special transportation service endorsements; to eligibility
for a commercial driver training instructor license, which is governed by section 171.35
and rules adopted under that section; to emergency medical services personnel, or to the
licensing by political subdivisions of taxicab drivers, if the applicant for the license has
been discharged from sentence for a conviction within the ten years immediately preceding
application of a violation of any of the following:

(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued
or renewed by the Professional Educator Licensing and Standards Board or the commissioner
of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this chapter to the
attorney general for adoption in the attorney general's discretion to apply to law enforcement
or fire protection agencies.

deleted text begin (d) This chapter does not apply to a license to practice medicine that has been denied or
revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
deleted text end

deleted text begin (e) This chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the board in
accordance with section 148.10, subdivision 7.
deleted text end

deleted text begin (f) This chapter does not apply to any license, registration, or permit that has been denied
or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.
deleted text end

deleted text begin (g)deleted text endnew text begin (d)new text end This chapter does not apply to any license, registration, permit, or certificate that
has been denied or revoked by the commissioner of health according to section 148.5195,
subdivision 5; or 153A.15, subdivision 2.

deleted text begin (h)deleted text endnew text begin (e)new text end This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for particular
types of employment.

new text begin (f) This chapter does not apply to the licensing or registration process for, or to any
license, registration, or permit that has been denied or revoked by, a health-related licensing
board listed in section 214.01, subdivision 2.
new text end

Sec. 37. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 214.075, subdivision 8, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 5600.0605, subparts 5 and 8, new text end new text begin are repealed.
new text end

ARTICLE 5

PRESCRIPTION MONITORING PROGRAM

Section 1.

Minnesota Statutes 2016, section 151.065, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Deposit. new text end

new text begin Fees collected by the board under this section shall be deposited in
the state government special revenue fund.
new text end

Sec. 2.

Minnesota Statutes 2016, section 152.126, subdivision 6, is amended to read:


Subd. 6.

Access to reporting system data.

(a) Except as indicated in this subdivision,
the data submitted to the board under subdivision 4 is private data on individuals as defined
in section 13.02, subdivision 12, and not subject to public disclosure.

(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:

(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is:

(i) prescribing or considering prescribing any controlled substance;

(ii) providing emergency medical treatment for which access to the data may be necessary;

(iii) providing care, and the prescriber has reason to believe, based on clinically valid
indications, that the patient is potentially abusing a controlled substance; or

(iv) providing other medical treatment for which access to the data may be necessary
for a clinically valid purpose and the patient has consented to access to the submitted data,
and with the provision that the prescriber remains responsible for the use or misuse of data
accessed by a delegated agent or employee;

(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;

(3) a licensed pharmacist who is providing pharmaceutical care for which access to the
data may be necessary to the extent that the information relates specifically to a current
patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has
consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber
who is requesting data in accordance with clause (1);

(4) an individual who is the recipient of a controlled substance prescription for which
data was submitted under subdivision 4, or a guardian of the individual, parent or guardian
of a minor, or health care agent of the individual acting under a health care directive under
chapter 145Cnew text begin. For purposes of this clause, access by individuals includes persons in the
definition of an individual under section 13.02
new text end;

(5) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2
, or of the Emergency Medical Services Regulatory Board, assigned to conduct
a bona fide investigation of a complaint received by that board that alleges that a specific
licensee is impaired by use of a drug for which data is collected under subdivision 4, has
engaged in activity that would constitute a crime as defined in section 152.025, or has
engaged in the behavior specified in subdivision 5, paragraph (a);

(6) personnel of the board engaged in the collection, review, and analysis of controlled
substance prescription information as part of the assigned duties and responsibilities under
this section;

(7) authorized personnel of a vendor under contract with the state of Minnesota who are
engaged in the design, implementation, operation, and maintenance of the prescription
monitoring program as part of the assigned duties and responsibilities of their employment,
provided that access to data is limited to the minimum amount necessary to carry out such
duties and responsibilities, and subject to the requirement of de-identification and time limit
on retention of data specified in subdivision 5, paragraphs (d) and (e);

(8) federal, state, and local law enforcement authorities acting pursuant to a valid search
warrant;

(9) personnel of the Minnesota health care programs assigned to use the data collected
under this section to identify and manage recipients whose usage of controlled substances
may warrant restriction to a single primary care provider, a single outpatient pharmacy, and
a single hospital;

(10) personnel of the Department of Human Services assigned to access the data pursuant
to paragraph (i);

(11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is currently
enrolled in and being monitored by the program, and the individual consents to access to
that information. The health professionals services program personnel shall not provide this
data to a health-related licensing board or the Emergency Medical Services Regulatory
Board, except as permitted under section 214.33, subdivision 3deleted text begin.deleted text endnew text begin; and
new text end

deleted text begin For purposes of clause (4), access by an individual includes persons in the definition of
an individual under section 13.02; and
deleted text end

(12) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2
, assigned to conduct a bona fide investigation of a complaint received by that
board that alleges that a specific licensee is inappropriately prescribing controlled substances
as defined in this section.

(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed
in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe
controlled substances deleted text beginfor humansdeleted text end and who holds a current registration issued by the federal
Drug Enforcement Administration, and every pharmacist licensed by the board and practicing
within the state, shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during the registration
application process, other than their name, license number, and license type, is classified
as private pursuant to section 13.02, subdivision 12.

(d) new text beginNotwithstanding paragraph (b), beginning January 1, 2020, a prescriber or an agent
or employee of the prescriber to whom the prescriber has delegated the task of accessing
the data, must access the data submitted under subdivision 4 to the extent the information
relates specifically to the patient before the prescriber issues a prescription order for a
Schedule II or Schedule III controlled substance to the patient. This paragraph does not
apply if:
new text end

new text begin (1) the patient is receiving hospice care;
new text end

new text begin (2) the prescription order is for a number of doses that is intended to last the patient five
days or less and is not subject to a refill;
new text end

new text begin (3) the controlled substance is lawfully administered by injection, ingestion, or any other
means to the patient by the prescriber, a pharmacist, or by the patient at the direction of a
prescriber and in the presence of the prescriber or pharmacist;
new text end

new text begin (4) due to an emergency, it is not possible for the prescriber to review the data before
the prescriber issues the prescription order for the patient; or
new text end

new text begin (5) the prescriber is unable to access the data due to operational or other technological
failure of the program so long as the prescriber reports the failure to the board.
new text end

new text begin (e) new text endOnly permissible users identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9),
and (10), may directly access the data electronically. No other permissible users may directly
access the data electronically. If the data is directly accessed electronically, the permissible
user shall implement and maintain a comprehensive information security program that
contains administrative, technical, and physical safeguards that are appropriate to the user's
size and complexity, and the sensitivity of the personal information obtained. The permissible
user shall identify reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the unauthorized
disclosure, misuse, or other compromise of the information and assess the sufficiency of
any safeguards in place to control the risks.

deleted text begin (e)deleted text endnew text begin (f)new text end The board shall not release data submitted under subdivision 4 unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is entitled
to receive the data.

deleted text begin (f)deleted text endnew text begin (g)new text end The board shall maintain a log of all persons who access the data for a period of
at least three years and shall ensure that any permissible user complies with paragraph (c)
prior to attaining direct access to the data.

deleted text begin (g)deleted text endnew text begin (h)new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for any
purpose not specified in this section.

deleted text begin (h)deleted text endnew text begin (i)new text end The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section, and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.

deleted text begin (i)deleted text endnew text begin (j)new text end With available appropriations, the commissioner of human services shall establish
and implement a system through which the Department of Human Services shall routinely
access the data for the purpose of determining whether any client enrolled in an opioid
treatment program licensed according to chapter 245A has been prescribed or dispensed a
controlled substance in addition to that administered or dispensed by the opioid treatment
program. When the commissioner determines there have been multiple prescribers or multiple
prescriptions of controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data directly,
review the effect of the multiple prescribers or multiple prescriptions, and document the
review.

If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section
2.34, paragraph (c), prior to implementing this paragraph.

deleted text begin (j)deleted text endnew text begin (k)new text end The board shall review the data submitted under subdivision 4 on at least a
quarterly basis and shall establish criteria, in consultation with the advisory task force, for
referring information about a patient to prescribers and dispensers who prescribed or
dispensed the prescriptions in question if the criteria are met.

Sec. 3.

Minnesota Statutes 2016, section 152.126, subdivision 10, is amended to read:


Subd. 10.

Funding.

(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription monitoring program established under this section.
Any funds received shall be appropriated to the board for this purpose. The board may not
expend funds to enhance the program in a way that conflicts with this section without seeking
approval from the legislature.

(b) Notwithstanding any other section, the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to be
paid through fees by each respective board. The amount apportioned to each board shall
equal each board's share of the annual appropriation to the Board of Pharmacy from the
state government special revenue fund for operating the prescription monitoring program
under this section. Each board's apportioned share shall be based on the number of prescribers
or dispensers that each board identified in this paragraph licenses as a percentage of the
total number of prescribers and dispensers licensed collectively by these boards. Each
respective board may adjust the fees that the boards are required to collect to compensate
for the amount apportioned to each board by the administrative services unit.

new text begin (c) The board shall have the authority to modify its contract with its vendor as provided
in subdivision 2, to authorize that vendor to provide a service to prescribers and pharmacies
that allows them to access prescription monitoring program data from within the electronic
health record system or pharmacy software used by those prescribers and pharmacists.
Beginning July 1, 2018, the board has the authority to collect an annual fee from each
prescriber or pharmacist who accesses prescription monitoring program data through the
service offered by the vendor. The annual fee collected must not exceed $50 per user. The
fees collected by the board under this paragraph shall be deposited in the state government
special revenue fund and are appropriated to the board for the purposes of this paragraph.
new text end

ARTICLE 6

PROTECTION OF VULNERABLE ADULTS

Section 1.

Minnesota Statutes 2016, section 144A.53, subdivision 2, is amended to read:


Subd. 2.

Complaints.

(a) The director may receive a complaint from any source
concerning an action of an administrative agency, a health care provider, a home care
provider, a residential care home, or a health facility. The director may require a complainant
to pursue other remedies or channels of complaint open to the complainant before accepting
or investigating the complaint. Investigators are required to interview at least one family
member of the vulnerable adult identified in the complaint. If the vulnerable adult is directing
his or her own care and does not want the investigator to contact the family, this information
must be documented in the investigative file.

(b) The director shall keep written records of all complaints and any action upon them.
After completing an investigation of a complaint, the director shall inform the complainant,
the administrative agency having jurisdiction over the subject matter, the health care provider,
the home care provider, the residential care home, and the health facility of the action taken.
Complainants must be provided a copy of the public report upon completion of the
investigation.

new text begin (c) Notwithstanding section 626.557, subdivision 5 or 9c, upon request of a vulnerable
adult or an interested person acting on behalf of the vulnerable adult, the director shall:
new text end

new text begin (1) disclose whether a health care provider or other person has made a report or submitted
a complaint that involves maltreatment of the vulnerable adult; and
new text end

new text begin (2) provide a redacted version of the initial report or complaint that does not disclose
data on individuals, as defined in section 13.02, subdivision 5.
new text end

new text begin For purposes of this paragraph, "interested person acting on behalf of the vulnerable adult"
has the meaning given in section 626.557, subdivision 9d, paragraph (d).
new text end

Sec. 2. new text beginDIRECTION TO COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Policies and procedures for the Office of Health Facility Complaints.
new text end

new text begin The commissioner of health shall develop comprehensive, written policies and procedures
for the Office of Health Facility Complaints for conducting timely reviews and investigation
of allegations that are available for all investigators in a centralized location, including
policies, procedures, guidelines, and criteria for:
new text end

new text begin (1) data collection that will allow for rigorous trend analysis of maltreatment and licensing
violations;
new text end

new text begin (2) data entry in the case management system, including an up-to-date description of
each data entry point to be used consistently by all staff;
new text end

new text begin (3) intake of allegation reports, including the gathering of all data from the reporter and
verification of jurisdiction;
new text end

new text begin (4) selection of allegation reports for further investigation within the time frames required
by federal and state law;
new text end

new text begin (5) the investigative process, including guidelines for interviews and documentation;
new text end

new text begin (6) cross-referencing of data, including when and under what circumstances to combine
data collection or maltreatment investigations regarding the same vulnerable adult,
allegations, facility, or alleged perpetrator;
new text end

new text begin (7) final determinations, including having supporting documentation for the
determinations;
new text end

new text begin (8) enforcement actions, including the imposition of immediate fines and any distinctions
in process for licensing violations versus maltreatment determinations;
new text end

new text begin (9) communication with interested parties and the public regarding the status of
investigations, final determinations, enforcement actions, and appeal rights, including when
communication must be made if the timelines established in law are not able to be met and
sufficient information in written communication for understanding the process; and
new text end

new text begin (10) quality control measures, including audits and random samplings, to discover gaps
in understanding and to ensure accuracy.
new text end

new text begin Subd. 2. new text end

new text begin Training of staff at the Office of Health Facility Complaints. new text end

new text begin The
commissioner of health shall revise the training program at the Office of Health Facility
Complaints to ensure that all staff are trained adequately and consistently to perform their
duties. The revised training program must provide for timely and consistent training whenever
policies, procedures, guidelines, or criteria are changed due to legislative changes, decisions
by management, or interpretations of state or federal law. The revised training program
shall include a mentor-based training program that assigns a mentor to all new investigators
and ensures new investigators work with an experienced investigator during every aspect
of the investigation process.
new text end

new text begin Subd. 3. new text end

new text begin Quality controls at the Office of Health Facility Complaints. new text end

new text begin The
commissioner of health shall implement quality control measures to ensure that intake,
triage, investigations, final determinations, enforcement actions, and communication are
conducted and documented in a consistent, thorough, and accurate manner. The quality
control measures must include regular internal audits of staff work, including when a decision
is made to not investigate a report, reporting to staff of patterns and trends discovered
through the audits, training of staff to address patterns and trends discovered through the
audits, and electronic safeguards in the case management system to prevent backdating of
data, incomplete or missing data fields, missed deadlines, and missed communications,
including communications concerning the status of investigations, delays in investigations,
final determinations, and appeal rights following final determinations.
new text end

new text begin Subd. 4. new text end

new text begin Provider education. new text end

new text begin (a) The commissioner of health shall develop
decision-making tools, including decision trees, regarding provider self-reported maltreatment
allegations and share these tools with providers. As soon as practicable, the commissioner
shall update the decision-making tools as necessary, including whenever federal or state
requirements change, and inform providers that the updated tools are available. The
commissioner shall develop decision-making tools that clarify and encourage reporting
whether the provider is licensed or registered under federal or state law, while also educating
on any distinctions in reporting under federal versus state law.
new text end

new text begin (b) The commissioner of health shall conduct rigorous trend analysis of maltreatment
reports, triage decisions, investigation determinations, enforcement actions, and appeals to
identify trends and patterns in reporting of maltreatment, substantiated maltreatment, and
licensing violations, and share these findings with providers and interested stakeholders.
new text end

new text begin Subd. 5. new text end

new text begin Departmental oversight of the Office of Health Facility Complaints. new text end

new text begin The
commissioner of health shall ensure that the commissioner's office provides direct oversight
of the Office of Health Facility Complaints.
new text end

Sec. 3. new text beginDIRECTION TO COMMISSIONER.
new text end

new text begin On a quarterly basis until January 2021, and annually thereafter, the commissioner of
health must submit a report on the Office of Health Facility Complaints' response to
allegations of maltreatment of vulnerable adults. The report must include:
new text end

new text begin (1) a description and assessment of the office's efforts to improve its internal processes
and compliance with federal and state requirements concerning allegations of maltreatment
of vulnerable adults, including any relevant timelines;
new text end

new text begin (2) the number of reports received by the type of reporter, the number of reports
investigated, the percentage and number of reported cases awaiting triage, the number and
percentage of open investigations, and the number and percentage of investigations that
have failed to meet state or federal timelines by cause of delay;
new text end

new text begin (3) a trend analysis of internal audits conducted by the office; and
new text end

new text begin (4) trends and patterns in maltreatment of vulnerable adults, licensing violations by
facilities or providers serving vulnerable adults, and other metrics as determined by the
commissioner.
new text end

Sec. 4. new text beginDIRECTION TO COMMISSIONERS.
new text end

new text begin By February 1 of each year, the commissioners of health and human services must submit
an annual joint report on each department's response to allegations of maltreatment of
vulnerable adults. The annual report must include a description and assessment of the
departments' efforts to improve their internal processes and compliance with federal and
state requirements concerning allegations of maltreatment of vulnerable adults, including
any relevant timelines. The report must also include trends and patterns in maltreatment of
vulnerable adults, licensing violations by facilities or providers serving vulnerable adults,
and other metrics as determined by the commissioner.
new text end

new text begin This section expires upon submission of the commissioners' 2024 report.
new text end

ARTICLE 7

HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. new text beginHUMAN SERVICES APPROPRIATION.
new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2017, First Special
Session chapter 6, article 18, from the general fund or any fund named to the Department
of Human Services for the purposes specified in this article, to be available for the fiscal
year indicated for each purpose. The figures "2018" and "2019" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year"
is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.
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 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
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 (208,963,000)
new text end
new text begin $
new text end
new text begin (88,363,000)
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (210,083,000)
new text end
new text begin (103,535,000)
new text end
new text begin Health Care Access
Fund
new text end
new text begin 7,620,000
new text end
new text begin 9,258,000
new text end
new text begin Federal TANF
new text end
new text begin (6,500,000)
new text end
new text begin 5,914,000
new text end

new text begin Subd. 2. new text end

new text begin Forecasted Programs
new text end

new text begin (a) MFIP/DWP
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (3,749,000)
new text end
new text begin (11,267,000)
new text end
new text begin Federal TANF
new text end
new text begin (7,418,000)
new text end
new text begin 4,565,000
new text end
new text begin (b) MFIP Child Care Assistance
new text end
new text begin (7,995,000)
new text end
new text begin (521,000)
new text end
new text begin (c) General Assistance
new text end
new text begin (4,850,000)
new text end
new text begin (3,770,000)
new text end
new text begin (d) Minnesota Supplemental Aid
new text end
new text begin (1,179,000)
new text end
new text begin (821,000)
new text end
new text begin (e) Housing Support
new text end
new text begin (3,260,000)
new text end
new text begin (3,038,000)
new text end
new text begin (f) Northstar Care for Children
new text end
new text begin (5,168,000)
new text end
new text begin (6,458,000)
new text end
new text begin (g) MinnesotaCare
new text end
new text begin 7,620,000
new text end
new text begin 9,258,000
new text end

new text begin These appropriations are from the health care
access fund.
new text end

new text begin (h) Medical Assistance
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (199,817,000)
new text end
new text begin (106,124,000)
new text end
new text begin Health Care Access
Fund
new text end
new text begin -0-
new text end
new text begin -0-
new text end
new text begin (i) Alternative Care Program
new text end
new text begin -0-
new text end
new text begin -0-
new text end
new text begin (j) CCDTF Entitlements
new text end
new text begin 15,935,000
new text end
new text begin 28,464,000
new text end

new text begin Subd. 3. new text end

new text begin Technical Activities
new text end

new text begin 918,000
new text end
new text begin 1,349,000
new text end

new text begin These appropriations are from the federal
TANF fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

ARTICLE 8

APPROPRIATIONS

Section 1. new text beginHEALTH AND HUMAN SERVICES APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter
6, article 18, 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 "2018" and "2019" used in this article mean that
the addition to or subtraction from appropriations listed under them are available for the
fiscal year ending June 30, 2018, or June 30, 2019, respectively. Base level adjustments
mean the addition or subtraction from the base level adjustments in Laws 2017, First Special
Session chapter 6, article 18. "The first year" is fiscal year 2018. "The second year" is fiscal
year 2019. "The biennium" is fiscal years 2018 and 2019. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2018, are effective June 30,
2018, unless a different effective date is specified.
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 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
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 -0-
new text end
new text begin $
new text end
new text begin 2,022,000
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 Forecasted Programs; Medical
Assistance
new text end

new text begin -0-
new text end
new text begin 2,022,000
new text end

Sec. 3. new text beginCOMMISSIONER OF HEALTH
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 -0-
new text end
new text begin $
new text end
new text begin 6,516,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 6,491,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 25,000
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 Health Improvement
new text end

new text begin -0-
new text end
new text begin 3,451,000
new text end

new text begin (a) Opioid Overdose Reduction Pilot
Program.
$1,062,000 in fiscal year 2019 is
for the opioid overdose reduction pilot
program in article 2, section 15. Of this
appropriation, the commissioner may use up
to $112,000 to administer the program. This
is a onetime appropriation and is available
until June 30, 2021.
new text end

new text begin (b) Low-Value Health Services Study.
$389,000 in fiscal year 2019 is for the
low-value health services study in article 2,
section 14. The base for this appropriation is
$106,000 in fiscal year 2020.
new text end

new text begin (c) Statewide Tobacco Cessation Services.
$291,000 in fiscal year 2019 is appropriated
from the health care access fund for statewide
tobacco cessation services under Minnesota
Statutes, section 144.397. The base for this
appropriation is $1,550,000 in fiscal year
2020, and $2,955,000 in fiscal year 2021.
new text end

new text begin (d) Reduction of Statewide Health
Improvement Program Appropriation.
The
appropriation in Laws 2017, First Special
Session chapter 6, article 18, section 3,
subdivision 2, from the health care access fund
for the statewide health improvement program
under Minnesota Statutes, section 145.986, is
reduced by $291,000 in fiscal year 2019. The
base for this reduction is $1,550,000 in fiscal
year 2020, and $2,955,000 in fiscal year 2021.
new text end

new text begin (e) Additional Funding for Opioid
Prevention Pilot Projects.
$2,000,000 in
fiscal year 2019 is appropriated for opioid
abuse prevention pilot projects under Laws
2017, First Special Session chapter 6, article
10, section 144. Of this amount, $1,400,000
is for the opioid abuse prevention pilot project
through CHI St. Gabriel's Health Family
Medical Center, also known as Unity Family
Health Care. $600,000 is for Project Echo
through CHI St. Gabriel's Health Family
Medical Center for e-learning sessions
centered around opioid case management and
best practices for opioid abuse prevention.
This is a onetime appropriation.
new text end

new text begin (f) Base Level Adjustments. The general fund
base is increased by $106,000 in fiscal year
2020.
new text end

new text begin Subd. 3. new text end

new text begin Health Protection
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 3,040,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 25,000
new text end

new text begin (a) Regulation of Low-Dose X-Ray Security
Screening Systems.
$29,000 in fiscal year
2019 is from the state government special
revenue fund for rulemaking under Minnesota
Statutes, section 144.121. The base for this
appropriation is $21,000 in fiscal year 2020
and $21,000 in fiscal year 2021.
new text end

new text begin (b) Technology Upgrades. $....... in fiscal
year 2019 is from the general fund for
technology upgrades of systems administered
by the Office of Health Facility Complaints,
related to provisions enacted in 2018. This is
a onetime appropriation and is available until
June 30, 2022. The commissioner may not
transfer this appropriation or use this
appropriation for any other purpose.
new text end

new text begin (c) Base Level Adjustment. The general fund
base is increased by $3,923,000 in fiscal year
2020 and increased by $3,923,000 in fiscal
year 2021. The state government special
revenue fund base is increased by $17,000 in
fiscal year 2020 and increased by $17,000 in
fiscal year 2021.
new text end

Sec. 4. new text beginHEALTH-RELATED BOARDS
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 -0-
new text end
new text begin $
new text end
new text begin 278,000
new text end

new text begin This appropriation is from the state
government special revenue fund. 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 Board of Pharmacy
new text end

new text begin -0-
new text end
new text begin 278,000
new text end

new text begin This appropriation is for migration to a new
information technology platform for the
prescription monitoring program. This is a
onetime appropriation.
new text end

Sec. 5. new text beginLEGISLATIVE COORDINATING
COMMISSION
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 137,000
new text end

new text begin (a) Health Policy Commission. $137,000 in
fiscal year 2019 is for administration of the
Health Policy Commission under Minnesota
Statutes, section 62J.90. The base for this
appropriation is $405,000 in fiscal year 2020
and $410,000 in fiscal year 2021.
new text end

new text begin (b) Base Level Adjustment. The base is
increased by $405,000 in fiscal year 2020 and
is increased by $410,000 in fiscal year 2021.
new text end

Sec. 6. new text beginTRANSFERS.
new text end

new text begin By June 30, 2018, the commissioner of management and budget shall transfer
$14,000,000 from the systems operations account in the special revenue fund to the general
fund. This is a onetime transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 7. new text beginEXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2019, unless a
different expiration date is explicit.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2018, unless a different effective date is specified.
new text end

APPENDIX

Repealed Minnesota Statutes: S2505-1

214.075 HEALTH-RELATED LICENSING BOARDS; CRIMINAL BACKGROUND CHECKS.

Subd. 8.

Instructions to the board; plans.

The health-related licensing boards, in collaboration with the commissioner of human services and the BCA, shall establish a plan for completing criminal background checks of all licensees who were licensed before the effective date requirement under subdivision 1. The plan must seek to minimize duplication of requirements for background checks of licensed health professionals. The plan for background checks of current licensees shall be developed no later than January 1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI in which any new crimes that an applicant or licensee commits after an initial background check are flagged in the BCA's or FBI's database and reported back to the board. The plan shall include recommendations for any necessary statutory changes.

256B.0625 COVERED SERVICES.

Subd. 31c.

Preferred incontinence product program.

The commissioner shall implement a preferred incontinence product program by July 1, 2018. The program shall require the commissioner to volume purchase incontinence products and related supplies in accordance with section 256B.04, subdivision 14. Medical assistance coverage for incontinence products and related supplies shall conform to the limitations established under the program.

Repealed Minnesota Rule: S2505-1

5600.0605 LICENSE RENEWAL PROCEDURES.

Subp. 5.

Service.

The licensee must maintain a correct mailing address with the board for receiving board communications, notices, and licensure renewal documents. Placing the license renewal application in first class United States mail, addressed to the licensee at the licensee's last known address with postage prepaid, constitutes valid service. Failure to receive the renewal documents does not relieve a license holder of the obligation to comply with this part.

Subp. 8.

Removal of name from list.

The names of licensees who do not return a complete license renewal application, the annual license fee, or the late application fee within the time period listed in subpart 7, shall be removed from the list of individuals authorized to practice medicine and surgery during the current renewal period. Upon reinstatement of licensure, the licensee's name will be placed on the list of individuals authorized to practice medicine and surgery.