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SF 95

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to health; modifying lead inspection 
  1.3             provisions; providing for the expiration of certain 
  1.4             advisory and work groups; modifying vital statistics 
  1.5             provisions; modifying asbestos abatement provisions; 
  1.6             modifying provisions relating to traumatic brain 
  1.7             injury and spinal cord injury notification and data; 
  1.8             modifying licensing requirements for elderly housing 
  1.9             with services; modifying provisions for hearings 
  1.10            related to permitting, licensing, registration, and 
  1.11            certification; modifying revocation and suspension 
  1.12            provisions for permits, licenses, registration, and 
  1.13            certifications; modifying provisions for testing 
  1.14            infants for inborn metabolic errors; modifying medical 
  1.15            education and research costs trust fund provisions; 
  1.16            requiring conformance with federal regulations; 
  1.17            amending Minnesota Statutes 1996, sections 62J.15, by 
  1.18            adding a subdivision; 62J.69, subdivision 1; 62Q.03, 
  1.19            subdivision 5a; 144.125; 144.212, by adding 
  1.20            subdivisions; 144.215, subdivision 1; 144.218; 
  1.21            144.664, subdivision 3; 144.665; 144.672, subdivision 
  1.22            1; 144.9501, subdivision 29, and by adding a 
  1.23            subdivision; 144.9504, subdivision 2; 144.9506, 
  1.24            subdivisions 1 and 5; 144.99, subdivisions 9 and 10; 
  1.25            144D.06; 257.73; 326.71, subdivisions 4 and 6; 326.72, 
  1.26            subdivision 2; 326.74; 326.76; 326.78, subdivision 1; 
  1.27            and 326.785; repealing Minnesota Rules, part 4600.3900.
  1.29     Section 1.  Minnesota Statutes 1996, section 62J.15, is 
  1.30  amended by adding a subdivision to read: 
  1.31     Subd. 3.  [SUNSET OF ADVISORY COMMITTEE.] The advisory 
  1.32  committee shall expire July 1, 2000. 
  1.33     Sec. 2.  Minnesota Statutes 1996, section 62J.69, 
  1.34  subdivision 1, is amended to read: 
  1.35     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.36  section, the following definitions apply: 
  2.1      (a) "Medical education" means the accredited clinical 
  2.2   training of physicians (medical students and residents), doctor 
  2.3   of pharmacy practitioners, dentists, advanced practice nurses 
  2.4   (clinical nurse specialist, certified registered nurse 
  2.5   anesthetists, nurse practitioners, and certified nurse 
  2.6   midwives), and physician assistants. 
  2.7      (b) "Clinical training" means accredited training that is 
  2.8   funded and was historically funded in part by inpatient care 
  2.9   revenues and that occurs in both inpatient and ambulatory care 
  2.10  settings. 
  2.11     (c) "Trainee" means students involved in an accredited 
  2.12  clinical training program for medical education as defined in 
  2.13  paragraph (a). 
  2.14     (d) "Health care research" means approved clinical, 
  2.15  outcomes, and health services investigations that are funded by 
  2.16  patient out-of-pocket expenses or a third-party payer. 
  2.17     (e) "Commissioner" means the commissioner of health. 
  2.18     (f) "Teaching institutions" means any hospital, medical 
  2.19  center, clinic, or other organization that currently sponsors or 
  2.20  conducts accredited medical education programs or clinical 
  2.21  research in Minnesota. 
  2.22     Sec. 3.  Minnesota Statutes 1996, section 62Q.03, 
  2.23  subdivision 5a, is amended to read: 
  2.24     Subd. 5a.  [PUBLIC PROGRAMS.] (a) A separate risk 
  2.25  adjustment system must be developed for state-run public 
  2.26  programs, including medical assistance, general assistance 
  2.27  medical care, and MinnesotaCare.  The system must be developed 
  2.28  in accordance with the general risk adjustment methodologies 
  2.29  described in this section, must include factors in addition to 
  2.30  age and sex adjustment, and may include additional demographic 
  2.31  factors, different targeted conditions, and/or different payment 
  2.32  amounts for conditions.  The risk adjustment system for public 
  2.33  programs must attempt to reflect the special needs related to 
  2.34  poverty, cultural, or language barriers and other needs of the 
  2.35  public program population. 
  2.36     (b) The commissioners of health and human services shall 
  3.1   jointly convene a public programs risk adjustment work group 
  3.2   responsible for advising the commissioners in the design of the 
  3.3   public programs risk adjustment system.  The public programs 
  3.4   risk adjustment work group is governed by section 15.059, and 
  3.5   shall terminate on June 30, 1999.  The work group shall meet at 
  3.6   the discretion of the commissioners of health and human 
  3.7   services.  The commissioner of health shall work with the risk 
  3.8   adjustment association to ensure coordination between the risk 
  3.9   adjustment systems for the public and private sectors.  The 
  3.10  commissioner of human services shall seek any needed federal 
  3.11  approvals necessary for the inclusion of the medical assistance 
  3.12  program in the public programs risk adjustment system.  
  3.13     (c) The public programs risk adjustment work group must be 
  3.14  representative of the persons served by publicly paid health 
  3.15  programs and providers and health plans that meet their needs.  
  3.16  To the greatest extent possible, the appointing authorities 
  3.17  shall attempt to select representatives that have historically 
  3.18  served a significant number of persons in publicly paid health 
  3.19  programs or the uninsured.  Membership of the work group shall 
  3.20  be as follows: 
  3.21     (1) one provider member appointed by the Minnesota Medical 
  3.22  Association; 
  3.23     (2) two provider members appointed by the Minnesota 
  3.24  Hospital Association, at least one of whom must represent a 
  3.25  major disproportionate share hospital; 
  3.26     (3) five members appointed by the Minnesota Council of 
  3.27  HMOs, one of whom must represent an HMO with fewer than 50,000 
  3.28  enrollees located outside the metropolitan area and one of whom 
  3.29  must represent an HMO with at least 50 percent of total 
  3.30  membership enrolled through a public program; 
  3.31     (4) two representatives of counties appointed by the 
  3.32  Association of Minnesota Counties; 
  3.33     (5) three representatives of organizations representing the 
  3.34  interests of families, children, childless adults, and elderly 
  3.35  persons served by the various publicly paid health programs 
  3.36  appointed by the governor; 
  4.1      (6) two representatives of persons with mental health, 
  4.2   developmental or physical disabilities, chemical dependency, or 
  4.3   chronic illness appointed by the governor; and 
  4.4      (7) three public members appointed by the governor, at 
  4.5   least one of whom must represent a community health board.  The 
  4.6   risk adjustment association may appoint a representative, if a 
  4.7   representative is not otherwise appointed by an appointing 
  4.8   authority. 
  4.9      (d) The commissioners of health and human services, with 
  4.10  the advice of the public programs risk adjustment work group, 
  4.11  shall develop a work plan and time frame and shall coordinate 
  4.12  their efforts with the private sector risk adjustment 
  4.13  association's activities and other state initiatives related to 
  4.14  public program managed care reimbursement.  The commissioners of 
  4.15  health and human services shall report to the health care 
  4.16  commission and to the appropriate legislative committees on 
  4.17  January 15, 1996, and on January 15, 1997, on any policy or 
  4.18  legislative changes necessary to implement the public program 
  4.19  risk adjustment system. 
  4.20     Sec. 4.  Minnesota Statutes 1996, section 144.125, is 
  4.21  amended to read: 
  4.23     It is the duty of (1) the administrative officer or other 
  4.24  person in charge of each institution caring for infants 28 days 
  4.25  or less of age and, (2) the person required in pursuance of the 
  4.26  provisions of section 144.215, to register the birth of a child, 
  4.27  (3) the nurse midwife or midwife in attendance at the birth, or 
  4.28  (4) if the birth is not attended by a licensed health 
  4.29  professional, a parent, to cause arrange to have administered to 
  4.30  every infant or child in its care tests for hemoglobinopathy, 
  4.31  phenylketonuria, and other inborn errors of metabolism in 
  4.32  accordance with rules prescribed by the state commissioner of 
  4.33  health.  In determining which tests must be administered, the 
  4.34  commissioner shall take into consideration the adequacy of 
  4.35  laboratory methods to detect the inborn metabolic error, the 
  4.36  ability to treat or prevent medical conditions caused by the 
  5.1   inborn metabolic error, and the severity of the medical 
  5.2   conditions caused by the inborn metabolic error.  Testing and 
  5.3   the recording and reporting of the test results of the tests 
  5.4   shall be performed at the times and in the manner prescribed by 
  5.5   the commissioner of health.  The commissioner shall charge 
  5.6   laboratory service fees for conducting the tests of infants for 
  5.7   inborn metabolic errors so that the total of fees collected will 
  5.8   approximate the costs of conducting the tests and implementing 
  5.9   and maintaining a system to follow-up infants with inborn 
  5.10  metabolic errors.  Costs associated with capital expenditures 
  5.11  and the development of new procedures may be prorated over a 
  5.12  three-year period when calculating the amount of the fees. 
  5.13     Sec. 5.  Minnesota Statutes 1996, section 144.212, is 
  5.14  amended by adding a subdivision to read: 
  5.15     Subd. 12.  [AMENDMENT.] "Amendment" means completion or 
  5.16  correction of a vital record. 
  5.17     Sec. 6.  Minnesota Statutes 1996, section 144.212, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 13.  [DELAYED REGISTRATION.] "Delayed registration" 
  5.20  means registration of a certificate of birth or death filed one 
  5.21  or more years after the date established by law for filing a 
  5.22  certificate of birth or death. 
  5.23     Sec. 7.  Minnesota Statutes 1996, section 144.212, is 
  5.24  amended by adding a subdivision to read: 
  5.25     Subd 14.  [INSTITUTION.] "Institution" means an 
  5.26  establishment, public or private: 
  5.27     (1) that provides inpatient or outpatient medical, 
  5.28  surgical, or diagnostic care or treatment; 
  5.29     (2) that provides nursing, custodial, or domiciliary care; 
  5.30  or 
  5.31     (3) to which persons are committed by law. 
  5.32     Sec. 8.  Minnesota Statutes 1996, section 144.215, 
  5.33  subdivision 1, is amended to read: 
  5.34     Subdivision 1.  [WHEN AND WHERE TO FILE.] A certificate of 
  5.35  birth for each live birth which occurs in this state shall be 
  5.36  filed with the state registrar or the local registrar of the 
  6.1   district in which the birth occurred, within five days after the 
  6.2   birth. 
  6.3      Sec. 9.  Minnesota Statutes 1996, section 144.218, is 
  6.4   amended to read: 
  6.6      Subdivision 1.  [ADOPTION.] Upon receipt of a certified 
  6.7   copy of an order, decree, or certificate of adoption, the state 
  6.8   registrar shall register a supplementary replacement certificate 
  6.9   in the new name of the adopted person.  The original certificate 
  6.10  of birth and the certified copy are confidential pursuant to 
  6.11  section 13.02, subdivision 3, and shall not be disclosed except 
  6.12  pursuant to court order or section 144.1761.  A certified copy 
  6.13  of the original birth certificate from which the registration 
  6.14  number has been deleted and which has been marked "Not for 
  6.15  Official Use," or the information contained on the original 
  6.16  birth certificate, except for the registration number, shall be 
  6.17  provided on request to a parent who is named on the original 
  6.18  birth certificate.  Upon the receipt of a certified copy of a 
  6.19  court order of annulment of adoption the state registrar shall 
  6.20  restore the original certificate to its original place in the 
  6.21  file. 
  6.22     Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
  6.23  the adoption of a person who was born in a foreign country, the 
  6.24  court, upon evidence presented by the commissioner of human 
  6.25  services from information secured at the port of entry, or upon 
  6.26  evidence from other reliable sources, may make findings of fact 
  6.27  as to the date and place of birth and parentage.  Upon receipt 
  6.28  of certified copies of the court findings and the order or 
  6.29  decree of adoption, the state registrar shall register a birth 
  6.30  certificate in the new name of the adopted person.  The 
  6.31  certified copies of the court findings and the order or decree 
  6.32  of adoption are confidential, pursuant to section 13.02, 
  6.33  subdivision 3, and shall not be disclosed except pursuant to 
  6.34  court order or section 144.1761.  The birth certificate shall 
  6.35  state the place of birth as specifically as possible, and that 
  6.36  the certificate is not evidence of United States citizenship. 
  7.1      Subd. 3.  [SUBSEQUENT MARRIAGE OF BIRTH PARENTS.] If, in 
  7.2   cases in which a certificate of birth has been registered 
  7.3   pursuant to section 144.215 and the birth parents of the child 
  7.4   marry after the birth of the child, a new replacement 
  7.5   certificate of birth shall be registered upon presentation of a 
  7.6   certified copy of the marriage certificate of the birth parents, 
  7.7   and either an acknowledgment a recognition of parentage or court 
  7.8   adjudication of paternity.  The information presented and the 
  7.9   original certificate of birth are confidential, pursuant to 
  7.10  section 13.02, subdivision 3, and shall not be disclosed except 
  7.11  pursuant to court order. 
  7.13  CERTIFICATES.] If a court finds that a birth certificate is 
  7.14  incomplete, inaccurate or false, or if it is being issued 
  7.15  pursuant to section 259.10, subdivision 2, it may order the 
  7.16  registration of a new replacement certificate, and, if 
  7.17  necessary, set forth the correct information in the order.  Upon 
  7.18  receipt of the order the state registrar shall register a new 
  7.19  replacement certificate containing the findings of the court, 
  7.20  and the prior certificate shall be confidential pursuant to 
  7.21  section 13.02, subdivision 3, and shall not be disclosed except 
  7.22  pursuant to court order. 
  7.23     Sec. 10.  Minnesota Statutes 1996, section 144.664, 
  7.24  subdivision 3, is amended to read: 
  7.25     Subd. 3.  [NOTIFICATION.] Within five days of receiving a 
  7.26  report of traumatic brain injury or spinal cord injury, the 
  7.27  commissioner shall notify the commissioner of economic 
  7.28  security.  The notification shall include the person's name and 
  7.29  other identifying information injured person or the injured 
  7.30  person's family of resources and services available in 
  7.31  Minnesota, pursuant to section 144.662, clause (2). 
  7.32     Sec. 11.  Minnesota Statutes 1996, section 144.665, is 
  7.33  amended to read: 
  7.35  DATA.] 
  7.36     Data on individuals collected by the commissioner of health 
  8.1   under sections 144.662 to 144.664 or provided to the 
  8.2   commissioner of economic security under section 144.664 are 
  8.3   private data on individuals as defined in section 13.02, 
  8.4   subdivision 12, and may be used only for the purposes set forth 
  8.5   in sections 144.662 to 144.664 in accordance with the rules 
  8.6   adopted by the commissioner. 
  8.7      Sec. 12.  Minnesota Statutes 1996, section 144.672, 
  8.8   subdivision 1, is amended to read: 
  8.9      Subdivision 1.  [RULE AUTHORITY.] The commissioner of 
  8.10  health shall collect cancer incidence information, analyze the 
  8.11  information, and conduct special studies designed to determine 
  8.12  the potential public health significance of an increase in 
  8.13  cancer incidence. 
  8.14     The commissioner shall adopt rules to administer the 
  8.15  system, collect information, and distribute data.  The rules 
  8.16  must include, but not be limited to, the following: 
  8.17     (1) the type of data to be reported; 
  8.18     (2) standards for reporting specific types of data; 
  8.19     (3) payments allowed to hospitals, pathologists, and 
  8.20  registry systems to defray their costs in providing information 
  8.21  to the system; 
  8.22     (4) criteria relating to contracts made with outside 
  8.23  entities to conduct studies using data collected by the system.  
  8.24  The criteria may include requirements for a written protocol 
  8.25  outlining the purpose and public benefit of the study, the 
  8.26  description, methods, and projected results of the study, peer 
  8.27  review by other scientists, the methods and facilities to 
  8.28  protect the privacy of the data, and the qualifications of the 
  8.29  researcher proposing to undertake the study; 
  8.30     (5) specification of fees to be charged under section 
  8.31  13.03, subdivision 3, for all out-of-pocket expenses for data 
  8.32  summaries or specific analyses of data requested by public and 
  8.33  private agencies, organizations, and individuals, and which are 
  8.34  not otherwise included in the commissioner's annual summary 
  8.35  reports.  Fees collected are appropriated to the commissioner to 
  8.36  offset the cost of providing the data; and 
  9.1      (6) establishment of a committee to assist the commissioner 
  9.2   in the review of system activities.  The committee expires as 
  9.3   provided in section 15.059, subdivision 5. The committee is 
  9.4   governed by section 15.059, except it expires June 30, 1999. 
  9.5      Sec. 13.  Minnesota Statutes 1996, section 144.9501, is 
  9.6   amended by adding a subdivision to read: 
  9.7      Subd. 6a.  [CHILD.] "Child" means an individual up to 72 
  9.8   months of age. 
  9.9      Sec. 14.  Minnesota Statutes 1996, section 144.9501, 
  9.10  subdivision 29, is amended to read: 
  9.11     Subd. 29.  [SWAB TEAM SERVICES.] "Swab team services" means 
  9.12  activities that provide protection from lead hazards such as:  
  9.13     (1) removing lead dust by washing, vacuuming with high 
  9.14  efficiency particle accumulator (HEPA) or wet vacuum cleaners, 
  9.15  and cleaning the interior of residential property; 
  9.16     (2) removing loose paint and paint chips and reporting 
  9.17  repainting or installing guards to protect intact paint; 
  9.18     (3) covering or replacing bare soil that has a lead 
  9.19  concentration of 100 parts per million or more; 
  9.20     (4) health education; 
  9.21     (5) advice and assistance to help residents locate and move 
  9.22  to a temporary residence while lead hazard reduction is being 
  9.23  completed; or 
  9.24     (6) any other assistance necessary to meet the resident's 
  9.25  immediate needs as a result of the relocation.  
  9.26     Sec. 15.  Minnesota Statutes 1996, section 144.9504, 
  9.27  subdivision 2, is amended to read: 
  9.28     Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
  9.29  conduct a lead inspection of a residence according to the venous 
  9.30  blood lead level and time frame set forth in clauses (1) 
  9.31  to (4) (5) for purposes of secondary prevention:  
  9.32     (1) within 48 hours of a child or pregnant female in the 
  9.33  residence being identified to the agency as having a venous 
  9.34  blood lead level equal to or greater than 70 micrograms of lead 
  9.35  per deciliter of whole blood; 
  9.36     (2) within five working days of a child or pregnant female 
 10.1   in the residence being identified to the agency as having a 
 10.2   venous blood lead level equal to or greater than 45 micrograms 
 10.3   of lead per deciliter of whole blood; 
 10.4      (3) within ten working days of a child or pregnant female 
 10.5   in the residence being identified to the agency as having a 
 10.6   venous blood lead level equal to or greater than 20 micrograms 
 10.7   of lead per deciliter of whole blood; or 
 10.8      (4) within ten working days of a child or pregnant female 
 10.9   in the residence being identified to the agency as having a 
 10.10  venous blood lead level that persists in the range of 15 to 19 
 10.11  micrograms of lead per deciliter of whole blood for 90 days 
 10.12  after initial identification; or 
 10.13     (5) within ten working days of a pregnant female in the 
 10.14  residence being identified to the agency as having a venous 
 10.15  blood lead level equal to or greater than ten micrograms of lead 
 10.16  per deciliter of whole blood.  
 10.17     (b) Within the limits of available state and federal 
 10.18  appropriations, an inspecting agency may also conduct a lead 
 10.19  inspection for children with any elevated blood lead level.  
 10.20     (c) In a building with two or more dwelling units, an 
 10.21  inspecting agency shall inspect the individual unit in which the 
 10.22  conditions of this section are met and shall also inspect all 
 10.23  common areas.  If a child visits one or more other sites such as 
 10.24  another residence, or a residential or commercial child care 
 10.25  facility, playground, or school, the inspecting agency shall 
 10.26  also inspect the other sites.  The inspecting agency shall have 
 10.27  one additional day added to the time frame set forth in this 
 10.28  subdivision to complete the lead inspection for each additional 
 10.29  site.  
 10.30     (d) Within the limits of appropriations, the inspecting 
 10.31  agency shall identify the known addresses for the previous 12 
 10.32  months of the child or pregnant female with elevated blood lead 
 10.33  levels; notify the property owners, landlords, and tenants at 
 10.34  those addresses that an elevated blood lead level was found in a 
 10.35  person who resided at the property; and give them a copy of the 
 10.36  lead inspection guide. This information shall be classified as 
 11.1   private data on individuals as defined under section 13.02, 
 11.2   subdivision 12.  
 11.3      (e) The inspecting agency shall conduct the lead inspection 
 11.4   according to rules adopted by the commissioner under section 
 11.5   144.9508.  An inspecting agency shall have lead inspections 
 11.6   performed by lead inspectors licensed by the commissioner 
 11.7   according to rules adopted under section 144.9508.  If a 
 11.8   property owner refuses to allow an inspection, the inspecting 
 11.9   agency shall begin legal proceedings to gain entry to the 
 11.10  property and the time frame for conducting a lead inspection set 
 11.11  forth in this subdivision no longer applies.  An inspector or 
 11.12  inspecting agency may observe the performance of lead hazard 
 11.13  reduction in progress and shall enforce the provisions of this 
 11.14  section under section 144.9509.  Deteriorated painted surfaces, 
 11.15  bare soil, dust, and drinking water must be tested with 
 11.16  appropriate analytical equipment to determine the lead content, 
 11.17  except that deteriorated painted surfaces or bare soil need not 
 11.18  be tested if the property owner agrees to engage in lead hazard 
 11.19  reduction on those surfaces.  
 11.20     (f) A lead inspector shall notify the commissioner and the 
 11.21  board of health of all violations of lead standards under 
 11.22  section 144.9508, that are identified in a lead inspection 
 11.23  conducted under this section.  
 11.24     (g) Each inspecting agency shall establish an 
 11.25  administrative appeal procedure which allows a property owner to 
 11.26  contest the nature and conditions of any lead order issued by 
 11.27  the inspecting agency.  Inspecting agencies must consider 
 11.28  appeals that propose lower cost methods that make the residence 
 11.29  lead safe. 
 11.30     (h) Sections 144.9501 to 144.9509 neither authorize nor 
 11.31  prohibit an inspecting agency from charging a property owner for 
 11.32  the cost of a lead inspection.  
 11.33     Sec. 16.  Minnesota Statutes 1996, section 144.9506, 
 11.34  subdivision 1, is amended to read: 
 11.35     Subdivision 1.  [LICENSE REQUIRED.] (a) A lead inspector 
 11.36  shall obtain a license before performing lead inspections and 
 12.1   shall renew it annually.  The commissioner shall charge a fee 
 12.2   and require annual training, as specified in this section.  A 
 12.3   lead inspector shall have the inspector's license readily 
 12.4   available at all times at an inspection site and make it 
 12.5   available, on request, for inspection by the inspecting agency 
 12.6   with jurisdiction over the site.  A license shall not be 
 12.7   transferred. 
 12.8      (b) Individuals shall not advertise or otherwise present 
 12.9   themselves as lead inspectors unless licensed by the 
 12.10  commissioner. 
 12.11     (c) An individual may use sodium rhodizonate to test paint 
 12.12  for the presence of lead without obtaining a lead inspector 
 12.13  license, but may not represent the test as a lead inspection. 
 12.14     Sec. 17.  Minnesota Statutes 1996, section 144.9506, 
 12.15  subdivision 5, is amended to read: 
 12.16     Subd. 5.  [APPROVAL OF LEAD INSPECTION COURSE.] Until the 
 12.17  commissioner adopts rules under section 144.9508 to license lead 
 12.18  inspectors and approve lead inspector training courses, a lead 
 12.19  inspection course sponsored by a training course provider in one 
 12.20  of the regional lead training consortia established by the 
 12.21  United States Environmental Protection Agency is an approved 
 12.22  course for the purpose of this section, providing it covers the 
 12.23  criteria listed in section 144.9505.  The commissioner shall 
 12.24  evaluate for approval by permit lead inspector courses other 
 12.25  than those approved by the United States Environmental 
 12.26  Protection Agency.  After adoption of rules under section 
 12.27  144.9508, all training courses offered for the purpose of 
 12.28  licensing individuals as lead inspectors must be reviewed and 
 12.29  approved by the commissioner. 
 12.30     Sec. 18.  Minnesota Statutes 1996, section 144.99, 
 12.31  subdivision 9, is amended to read: 
 12.33  REGISTRATIONS, OR CERTIFICATES.] The commissioner may suspend, 
 12.34  place conditions on, or revoke a permit, license, registration, 
 12.35  or certificate issued under the statutes or rules cited in 
 12.36  subdivision 1 for: 
 13.1      (1) serious or repeated violations of the requirements in 
 13.2   the statutes, rules, or other actions listed in subdivision 1 
 13.3   that apply to the permit, license, registration, or certificate, 
 13.4   or if the applicant submitted; 
 13.5      (2) submitting false material information to the department 
 13.6   in connection with activities for which the permit, license, 
 13.7   registration, or certificate. is issued; 
 13.8      (3) incompetence or negligence in the performance of 
 13.9   activities required or authorized by permit, license, 
 13.10  registration, or certificate; 
 13.11     (4) allowing the alteration or use of one's own permit, 
 13.12  license, registration, or certificate by another; or 
 13.13     (5) within the previous five years, conviction of a crime 
 13.14  in connection with activities for which the permit, license, 
 13.15  registration, or certificate was issued. 
 13.16     Sec. 19.  Minnesota Statutes 1996, section 144.99, 
 13.17  subdivision 10, is amended to read: 
 13.20  CERTIFICATE.] If the commissioner proposes to deny, refuses to 
 13.21  renew, suspends, or revokes a permit, license, registration, or 
 13.22  certificate under subdivision 8 or 9, the commissioner must 
 13.23  first notify, in writing, the person against whom the action is 
 13.24  proposed to be taken and provide the person an opportunity to 
 13.25  request a hearing under the contested case provisions of chapter 
 13.26  14.  If the person does not request a hearing by notifying the 
 13.27  commissioner within 20 days after receipt of the notice of 
 13.28  proposed action, the commissioner may proceed with the action 
 13.29  without a hearing.  This subdivision does not apply to: 
 13.30     (1) the denial of or refusal to renew a permit, license, 
 13.31  registration, or certificate based on the applicant's failure to 
 13.32  meet or maintain the minimum qualifications for holding the 
 13.33  permit, license, registration, or certificate; or 
 13.34     (2) the denial of, refusal to renew, suspension of, or 
 13.35  revocation of a permit, license, registration, or certificate if 
 13.36  the person against whom the action is proposed to be taken has 
 14.1   been granted a hearing under this subdivision within the 
 14.2   previous 12 months. 
 14.3      Sec. 20.  Minnesota Statutes 1996, section 144D.06, is 
 14.4   amended to read: 
 14.5      144D.06 [OTHER LAWS.] 
 14.6      An elderly housing with services establishment shall obtain 
 14.7   and maintain all other licenses, permits, registrations, or 
 14.8   other governmental approvals required of it in addition to 
 14.9   registration under this chapter, except that an establishment 
 14.10  registered under this chapter is exempt, at its option, from the 
 14.11  requirement of obtaining and maintaining an adult foster care 
 14.12  license under Minnesota Rules, parts 9543.0010 to 9543.0150, or 
 14.13  a lodging license under chapter 157.  An elderly housing with 
 14.14  services establishment is subject to the provisions of sections 
 14.15  504.01 to 504.28 and 566.01 to 566.175.  An elderly housing with 
 14.16  services establishment which is also described in section 157.17 
 14.17  is exempt from the requirements of that section while it is 
 14.18  registered under this chapter. 
 14.19     Sec. 21.  Minnesota Statutes 1996, section 257.73, is 
 14.20  amended to read: 
 14.21     257.73 [BIRTH RECORDS.] 
 14.22     Subdivision 1.  Upon compliance with the provisions of 
 14.23  section 257.55, subdivision 1, paragraph (e), 257.75, or upon 
 14.24  order of a court of this state or upon request of a court of 
 14.25  another state, the state or local registrar of vital statistics 
 14.26  shall prepare a new replacement certificate of birth consistent 
 14.27  with the acknowledgment or the findings of the court and shall 
 14.28  substitute the new replacement certificate for the original 
 14.29  certificate of birth.  
 14.30     Subd. 2.  The fact that the father and child relationship 
 14.31  was declared after the child's birth shall not be ascertainable 
 14.32  from the new replacement certificate but the actual place and 
 14.33  date of birth shall be shown.  
 14.34     Subd. 3.  The evidence upon which the new replacement 
 14.35  certificate was made and the original birth certificate shall be 
 14.36  kept in a sealed and confidential file and be subject to 
 15.1   inspection only upon consent of the court and all interested 
 15.2   persons, or in exceptional cases only upon an order of the court 
 15.3   for good cause shown.  
 15.4      Sec. 22.  Minnesota Statutes 1996, section 326.71, 
 15.5   subdivision 4, is amended to read: 
 15.6      Subd. 4.  [ASBESTOS-RELATED WORK.] "Asbestos-related work" 
 15.7   means the enclosure, removal, or encapsulation of 
 15.8   asbestos-containing material in a quantity that meets or exceeds 
 15.9   260 lineal feet of friable asbestos-containing material on 
 15.10  pipes, 160 square feet of friable asbestos-containing material 
 15.11  on other facility components, or, if linear feet or square feet 
 15.12  cannot be measured, a total of 35 cubic feet of friable 
 15.13  asbestos-containing material on or off all facility components 
 15.14  in one facility.  In the case of single or multifamily 
 15.15  residences, "asbestos-related work" also means the enclosure, 
 15.16  removal, or encapsulation of greater than ten but less than 260 
 15.17  lineal linear feet of friable asbestos-containing material on 
 15.18  pipes or ducts or, greater than six but less than 160 square 
 15.19  feet of friable asbestos-containing material on other facility 
 15.20  components, or, if linear feet or square feet cannot be 
 15.21  measured, greater than one cubic foot but less than 35 cubic 
 15.22  feet of friable asbestos-containing material on or off all 
 15.23  facility components in one facility.  This provision excludes 
 15.24  asbestos-containing floor tiles and sheeting, roofing materials, 
 15.25  siding, and all ceilings with asbestos-containing material in 
 15.26  single family residences and buildings with no more than four 
 15.27  dwelling units.  Asbestos-related work includes asbestos 
 15.28  abatement area preparation; enclosure, removal, or encapsulation 
 15.29  operations; and an air quality monitoring specified in rule to 
 15.30  assure that the abatement and adjacent areas are not 
 15.31  contaminated with asbestos fibers during the project and after 
 15.32  completion. 
 15.33     For purposes of this subdivision, the quantity of asbestos 
 15.34  containing material applies separately for every project. 
 15.35     Sec. 23.  Minnesota Statutes 1996, section 326.71, 
 15.36  subdivision 6, is amended to read: 
 16.1      Subd. 6.  [CONTRACTING ENTITY.] "Contracting entity" means 
 16.2   a public or private body, board, natural person, corporation, 
 16.3   partnership, proprietorship, joint venture, fund, authority, or 
 16.4   similar entity that contracts with a person to do 
 16.5   asbestos-related work or asbestos management activity for the 
 16.6   benefit of the contracting entity. 
 16.7      Sec. 24.  Minnesota Statutes 1996, section 326.72, 
 16.8   subdivision 2, is amended to read: 
 16.9      Subd. 2.  [DISPLAY OF LICENSE.] Licensees shall post a 
 16.10  project permit, obtained from the commissioner after compliance 
 16.11  with the provisions of section 326.74 and rules promulgated 
 16.12  under section 326.78, in a conspicuous place outside of the 
 16.13  asbestos abatement work area.  The actual license or a copy 
 16.14  shall be readily available at the work site for inspection by 
 16.15  the commissioner, other public officials charged with the 
 16.16  health, safety, and welfare of the state's citizens, and the 
 16.17  contracting entity.  
 16.18     Sec. 25.  Minnesota Statutes 1996, section 326.74, is 
 16.19  amended to read: 
 16.20     326.74 [REPORTING ASBESTOS WORK.] 
 16.21     At least five calendar days before beginning any 
 16.22  asbestos-related work, Written notice shall be given to the 
 16.23  commissioner of the an asbestos-related work project by the 
 16.24  person holding the license issued under section 326.72, 
 16.25  subdivision 1.  Unless the project is an emergency project as 
 16.26  defined in rule by the commissioner, the notice shall be given 
 16.27  to the commissioner at least five calendar days before the 
 16.28  project begins.  The notice shall contain the following 
 16.29  information:  
 16.30     (1) a brief description of the work to be performed; 
 16.31     (2) the name of the contracting entity; 
 16.32     (3) the location and address of the project work site; 
 16.33     (4) the approximate duration of the project; 
 16.34     (5) the approximate amount of the asbestos involved in the 
 16.35  project; 
 16.36     (6) the name of any project manager; and 
 17.1      (7) other information required by the commissioner.  
 17.2      Sec. 26.  Minnesota Statutes 1996, section 326.76, is 
 17.3   amended to read: 
 17.5      A contracting entity intending to have asbestos-related 
 17.6   work or asbestos management activity performed for its benefit 
 17.7   shall include in the specifications and contracts for the work a 
 17.8   requirement that the work be performed by contractors and 
 17.9   subcontractors licensed or certified by the commissioner under 
 17.10  sections 326.70 to 326.81 and in accordance with rules 
 17.11  prescribed by the commissioner related to asbestos 
 17.12  abatement asbestos-related work and asbestos management 
 17.13  activity.  No contracting entity shall allow asbestos-related 
 17.14  work or asbestos management activity to be performed for its 
 17.15  benefit unless it has seen that the person has a valid license 
 17.16  or certificate.  A contracting entity's failure to comply with 
 17.17  this section does not relieve a person from any responsibilities 
 17.18  under sections 326.70 to 326.81. 
 17.19     Sec. 27.  Minnesota Statutes 1996, section 326.78, 
 17.20  subdivision 1, is amended to read: 
 17.21     Subdivision 1.  [RULEMAKING.] The commissioner shall adopt 
 17.22  and begin enforcement of rules necessary to implement sections 
 17.23  326.70 to 326.81.  The rules adopted shall not be duplicative of 
 17.24  rules adopted by the commissioner of the department of labor and 
 17.25  industry.  The rules shall include rules in the following areas: 
 17.26     (1) application, enclosure, removal, and encapsulation 
 17.27  procedures; 
 17.28     (2) license and certificate qualification requirements; 
 17.29     (3) examinations for obtaining a license and certificate; 
 17.30     (4) training necessary for individual certification; 
 17.31     (5) qualifications for managers of asbestos 
 17.32  abatement asbestos-related work projects; 
 17.33     (6) abatement asbestos-related work and asbestos management 
 17.34  activity specifications; 
 17.35     (7) any contractor bonding and insurance requirements 
 17.36  deemed necessary by the commissioner; 
 18.1      (8) license and certificate issuance and revocation 
 18.2   procedures; 
 18.3      (9) suspension or revocation of licenses or certificates; 
 18.4      (10) license and certificate suspension and revocation 
 18.5   criteria; 
 18.6      (11) cleanup standards; 
 18.7      (12) continuing education requirements; and 
 18.8      (13) other rules necessary to implement sections 326.70 to 
 18.9   326.81.  
 18.10     Sec. 28.  Minnesota Statutes 1996, section 326.785, is 
 18.11  amended to read: 
 18.13     Notwithstanding Minnesota Rules, part 4620.3500, subpart 4, 
 18.14  item B, subitem (5) 4620.3568, subparts 1 to 4, containment 
 18.15  barriers, in the case of tunnel abatement enclosures, are 
 18.16  limited to double critical barriers. 
 18.18     The commissioner of health shall amend Minnesota Rules, 
 18.19  chapter 4761, as needed to conform with federal regulations, and 
 18.20  shall perform any procedural steps necessary to obtain 
 18.21  authorization to administer the regulations in Code of Federal 
 18.22  Regulations, title 40, part 745 (1996), adopted by the United 
 18.23  States Environmental Protection Agency to implement the 
 18.24  requirements of title X of the federal Residential Lead-Based 
 18.25  Paint Hazard Reduction Act of 1992, Public Law Number 102-550, 
 18.26  106 Statutes at Large 3897. 
 18.27     Sec. 30.  [REPEALER.] 
 18.28     Minnesota Rules, part 4600.3900, is repealed. 
 18.29     Sec. 31.  [EFFECTIVE DATE.] 
 18.30     Sections 1 and 3 are effective the day following final 
 18.31  enactment.  Section 12 is effective retroactively to June 30, 
 18.32  1993.