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SF 819

as introduced - 90th Legislature (2017 - 2018) Posted on 02/10/2017 09:26am

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

Current Version - as introduced

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A bill for an act
relating to health; modifying the health professional loan forgiveness program and
the employee scholarship program; authorizing administration of medications by
unlicensed personnel; appropriating money; amending Minnesota Statutes 2016,
sections 144.1501, subdivision 2; 256R.37; proposing coding for new law in
Minnesota Statutes, chapter 144A; repealing Minnesota Rules, part 4658.1360.

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

Section 1.

Minnesota Statutes 2016, section 144.1501, subdivision 2, is amended to read:


Subd. 2.

Creation of account.

(a) A health professional education loan forgiveness
program account is established. The commissioner of health shall use money from the
account to establish a loan forgiveness program:

(1) for medical residents and mental health professionals agreeing to practice in designated
rural areas or underserved urban communities or specializing in the area of pediatric
psychiatry;

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach
at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program
at the undergraduate level or the equivalent at the graduate level;

(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care
facility for persons with developmental disability; deleted text beginordeleted text end a hospital if the hospital owns and
operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by
the nurse is in the nursing home; new text beginor a housing with services establishment as defined in
section 144D.01, subdivision 4; or a home care provider as defined in section 144A.43,
subdivision 4;
new text endor agree to teach at least 12 credit hours, or 720 hours per year in the nursing
field in a postsecondary program at the undergraduate level or the equivalent at the graduate
level;

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720
hours per year in their designated field in a postsecondary program at the undergraduate
level or the equivalent at the graduate level. The commissioner, in consultation with the
Healthcare Education-Industry Partnership, shall determine the health care fields where the
need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory
technology, radiologic technology, and surgical technology;

(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses
who agree to practice in designated rural areas; and

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient
encounters to state public program enrollees or patients receiving sliding fee schedule
discounts through a formal sliding fee schedule meeting the standards established by the
United States Department of Health and Human Services under Code of Federal Regulations,
title 42, section 51, chapter 303.

(b) Appropriations made to the account do not cancel and are available until expended,
except that at the end of each biennium, any remaining balance in the account that is not
committed by contract and not needed to fulfill existing commitments shall cancel to the
fund.

Sec. 2.

new text begin [144A.189] ADMINISTRATION OF MEDICATIONS BY UNLICENSED
PERSONNEL.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin The director of nursing services may delegate medication
administration to unlicensed personnel according to sections 148.171, subdivision 14, and
148.235, subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin Unlicensed nursing personnel who administer medications in a
nursing home must:
new text end

new text begin (1) have completed a nursing assistant training program approved by the department;
and
new text end

new text begin (2) have completed a standardized medication administration training program for
unlicensed personnel in nursing homes, which is offered through a Minnesota postsecondary
educational institution that includes, at a minimum, instruction on the following:
new text end

new text begin (i) the complete procedure of checking the resident's medication record;
new text end

new text begin (ii) preparation of the medication for administration;
new text end

new text begin (iii) administration of the medication to the resident;
new text end

new text begin (iv) assisting residents with self-administration as necessary;
new text end

new text begin (v) documentation after administration of the date, time, dosage, and method of
administration of all medications, or the reason for not administering the medication as
ordered, and the signature of the nurse or authorized person who administered and observed
the same; and
new text end

new text begin (vi) the type of information regarding medication administration reportable to a nurse.
new text end

new text begin Subd. 3. new text end

new text begin Documentation of training course. new text end

new text begin A nursing home must keep written
documentation verifying completion of the required course by all unlicensed nursing
personnel administering medications.
new text end

new text begin Subd. 4. new text end

new text begin Medication administration. new text end

new text begin A person who completes the required training
course, and has been delegated the responsibility, may administer medication, whether oral,
suppository, eye drops, ear drops, inhalant, or topical, if:
new text end

new text begin (1) the medications are regularly scheduled; and
new text end

new text begin (2) in the case of pro re nata (PRN) medications, the administration of the medication
is authorized by a nurse or reported to a nurse within a time period that is specified by
nursing home policy prior to the administration.
new text end

Sec. 3.

Minnesota Statutes 2016, section 256R.37, is amended to read:


256R.37 SCHOLARSHIPS.

(a) For the 27-month period beginning October 1, 2015, through December 31, 2017,
the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing
facility with no scholarship per diem that is requesting a scholarship per diem to be added
to the external fixed payment rate to be used:

(1) for employee scholarships that satisfy the following requirements:

(i) scholarships are available to all employees who work an average of at least ten hours
per week at the facility except the administrator, and to reimburse student loan expenses
for newly hired deleted text beginand recently graduateddeleted text end registered nurses and licensed practical nurses, and
training expenses for nursing assistants as specified in section 144A.611, subdivisions 2
and 4, who are newly hired deleted text beginand have graduated within the last 12 monthsdeleted text end; and

(ii) the course of study is expected to lead to career advancement with the facility or in
long-term care, including medical care interpreter services and social work; and

(2) to provide job-related training in English as a second language.

(b) All facilities may annually request a rate adjustment under this section by submitting
information to the commissioner on a schedule and in a form supplied by the commissioner.
The commissioner shall allow a scholarship payment rate equal to the reported and allowable
costs divided by resident days.

(c) In calculating the per diem under paragraph (b), the commissioner shall allow costs
related to tuition, direct educational expenses, and reasonable costs as defined by the
commissioner for child care costs and transportation expenses related to direct educational
expenses.

(d) The rate increase under this section is an optional rate add-on that the facility must
request from the commissioner in a manner prescribed by the commissioner. The rate
increase must be used for scholarships as specified in this section.

(e) For instances in which a rate adjustment will be 15 cents or greater, nursing facilities
that close beds during a rate year may request to have their scholarship adjustment under
paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect
the reduction in resident days compared to the cost report year.

Sec. 4. new text beginAPPROPRIATION; HOME AND COMMUNITY-BASED SERVICES
EMPLOYEE SCHOLARSHIP PROGRAM.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
fund to the commissioner of health for the home and community-based services employee
scholarship program under Minnesota Statutes, section 144.1503. The commissioner may
use up to $50,000 of the annual appropriation for administration.
new text end

Sec. 5. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall fix cross-references to repealed Minnesota Rules, part 4658.1360,
wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 4658.1360, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 17-2178

4658.1360 ADMINISTRATION OF MEDICATIONS BY UNLICENSED PERSONNEL.

Subpart 1.

Authorization.

The director of nursing services may delegate medication administration to unlicensed personnel according to Minnesota Statutes, sections 148.171, subdivision 15, and 148.262, subdivision 7.

Subp. 2.

Training.

Unlicensed nursing personnel who administer medications in a nursing home must:

A.

have completed a nursing assistant training program approved by the department; and

B.

have completed a standardized medication administration training program for unlicensed personnel in nursing homes which is offered through a Minnesota postsecondary educational institution that includes, at a minimum, instruction on the following:

(1)

the complete procedure of checking the resident's medication record;

(2)

preparation of the medication for administration;

(3)

administration of the medication to the resident;

(4)

assisting residents with self-administration as necessary;

(5)

documentation after administration of the date, time, dosage, and method of administration of all medications, or the reason for not administering the medication as ordered, and the signature of the nurse or authorized person who administered and observed the same; and

(6)

the type of information regarding medication administration reportable to a nurse.

Subp. 3.

Documentation of training course.

A nursing home must keep written documentation verifying completion of the required course by all unlicensed nursing personnel administering medications.

Subp. 4.

Medication administration.

A person who completes the required training course, and has been delegated the responsibility, may administer medication, whether oral, suppository, eye drops, ear drops, inhalant, or topical, if:

A.

the medications are regularly scheduled; and

B.

in the case of pro re nata (PRN) medications, the administration of the medication is authorized by a nurse or reported to a nurse within a time period that is specified by nursing home policy prior to the administration.