Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 309-S.F.No. 1041 
           An act relating to health; providing for a local 
          public health act; defining the powers and duties of 
          boards of health; providing discretionary county 
          ordinancing power; authorizing the community health 
          service subsidy; authorizing grants; providing 
          penalties; amending Minnesota Statutes 1986, sections 
          35.67; 35.68; 144.36; 144.37; 145.075; and 145.923; 
          and Laws 1969, chapter 235, section 3, subdivisions 2 
          and 4; proposing coding for new law as Minnesota 
          Statutes, chapter 145A; repealing Minnesota Statutes 
          1986, sections 145.01 to 145.07; 145.08 to 145.125; 
          145.17 to 145.23; 145.24, subdivisions 1 and 2; 145.47 
          to 145.55; 145.911; 145.912, subdivisions 1 to 8, 10 
          to 15, 19, and 20; 145.913 to 145.92; and 145.922. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [145A.01] [CITATION.] 
    Chapter 145A may be cited as the "local public health act." 
    Sec. 2.  [145A.02] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] Definitions in this 
section apply to chapter 145A. 
    Subd. 2.  [BOARD OF HEALTH.] "Board of health" or "board" 
means an administrative authority established under section 
145A.03 or 145A.07. 
    Subd. 3.  [CITY.] "City" means a statutory city or home 
rule charter city as defined in section 410.015. 
    Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
Minnesota commissioner of health. 
    Subd. 5.  [COMMUNITY HEALTH BOARD.] "Community health board"
means a board of health established, operating, and eligible for 
a subsidy under sections 145A.09 to 145A.13. 
    Subd. 6.  [COMMUNITY HEALTH SERVICES.] "Community health 
services" means activities designed to protect and promote the 
health of the general population within a community health 
service area by emphasizing the prevention of disease, injury, 
disability, and preventable death through the promotion of 
effective coordination and use of community resources, and by 
extending health services into the community.  Program 
categories of community health services include disease 
prevention and control, emergency medical care, environmental 
health, family health, health promotion, and home health care. 
    Subd. 7.  [COMMUNITY HEALTH SERVICE AREA.] "Community 
health service area" means a city, county, or multicounty area 
that is organized as a community health board under section 
145A.09 and for which a subsidy is received under sections 
145A.09 to 145A.13. 
    Subd. 8.  [COUNTY BOARD.] "County board" or "county" means 
a county board of commissioners as defined in chapter 375. 
    Subd. 9.  [DISEASE PREVENTION AND CONTROL.] "Disease 
prevention and control" means activities intended to prevent or 
control communicable diseases.  These activities include the 
coordination or provision of disease surveillance, 
investigation, reporting, and related counseling, education, 
screening, immunization, case management and clinical services. 
    Subd. 10.  [EMERGENCY MEDICAL CARE.] "Emergency medical 
care" means activities intended to protect the health of persons 
suffering a medical emergency and to ensure rapid and effective 
emergency medical treatment.  These activities include the 
coordination or provision of training, cooperation with public 
safety agencies, communications, life-support transportation as 
defined under section 144.804, public information and 
involvement, and system management. 
    Subd. 11.  [ENVIRONMENTAL HEALTH.] "Environmental health" 
means activities intended to achieve an environment conducive to 
human health, comfort, safety, and well-being.  These activities 
include the coordination or provision of education, regulation, 
and consultation related to food protection, hazardous 
substances and product safety, water supply sanitation, waste 
disposal, environmental pollution control, occupational health 
and safety, public health nuisance control, institutional 
sanitation, recreational sanitation including swimming pool 
sanitation and safety, and housing code enforcement for health 
and safety purposes. 
    Subd. 12.  [FAMILY HEALTH.] "Family health" means 
activities intended to promote optimum health outcomes as 
related to human reproduction and child growth and development.  
These activities include the coordination or provision of 
education, counseling, screening, clinical services, school 
health services, nutrition services, family planning services as 
defined in section 145.925, and other interventions directed at 
improving family health.  Family health services must not 
include arrangements, referrals, or counseling for, or provision 
of, voluntary termination of pregnancy. 
    Subd. 13.  [HEALTH PROMOTION.] "Health promotion" means 
activities intended to reduce the prevalence of risk conditions 
or behaviors of individuals or communities for the purpose of 
preventing chronic disease and effecting other definable 
advances in health status.  These activities include the 
coordination or provision of community organization, regulation, 
targeted screening and education, as well as informational and 
other scientifically supported interventions to foster health by 
affecting related conditions and behaviors. 
    Subd. 14.  [HOME HEALTH CARE.] "Home health care" means 
activities intended to reduce the ill effects and complications 
of existing disease and to provide suitable alternatives to 
inpatient care in a health facility.  These activities include 
the coordination or provision of health assessment, nursing 
care, education, counseling, nutrition services, delegated 
medical and ancillary services, case management, referral and 
follow-up. 
     Subd. 15.  [MEDICAL CONSULTANT.] "Medical consultant" means 
a physician licensed to practice medicine in Minnesota who is 
working under a written agreement with, employed by, or on 
contract with a board of health to provide advice and 
information, to authorize medical procedures through standing 
orders, and to assist a board of health and its staff in 
coordinating their activities with local medical practitioners 
and health care institutions. 
    Subd. 16.  [POPULATION.] "Population" means the total 
number of residents of the state or any city or county as 
established by the last federal census, by a special census 
taken by the United States Bureau of the Census, by the state 
demographer under section 116K.04, subdivision 4, or by an 
estimate of city population prepared by the metropolitan 
council, whichever is the most recent as to the stated date of 
count or estimate. 
    Subd. 17.  [PUBLIC HEALTH NUISANCE.] "Public health 
nuisance" means any activity or failure to act that adversely 
affects the public health. 
    Subd. 18.  [PUBLIC HEALTH NURSE.] "Public health nurse" 
means a person who is licensed by the Minnesota board of nursing 
under section 148.171 and who meets the voluntary certification 
standards established by the commissioner in relation to section 
145A.06, subdivision 3. 

                            BOARD OF HEALTH 
    Sec. 3.  [145A.03] [ESTABLISHMENT AND ORGANIZATION.] 
    Subdivision 1.  [ESTABLISHMENT; ASSIGNMENT OF 
RESPONSIBILITIES.] (a) The governing body of a city or county 
must undertake the responsibilities of a board of health or 
establish a board of health and assign to it the powers and 
duties of a board of health. 
    (b) A city council may ask a county or joint powers board 
of health to undertake the responsibilities of a board of health 
for the city's jurisdiction. 
    (c) A county board or city council within the jurisdiction 
of a community health board operating under sections 145A.09 to 
145A.13 is preempted from forming a board of health except as 
specified in section 145A.10, subdivision 2. 
    Subd. 2.  [JOINT POWERS BOARD OF HEALTH.] Except as 
preempted under section 145A.10, subdivision 2, a county may 
establish a joint board of health by agreement with one or more 
contiguous counties, or a city may establish a joint board of 
health with one or more contiguous cities in the same county, or 
a city may establish a joint board of health with the county or 
counties within which it is located.  The agreements must be 
established according to section 471.59. 
    Subd. 3.  [WITHDRAWAL FROM JOINT POWERS BOARD OF HEALTH.] A 
county or city may withdraw from a joint powers board of health 
by resolution of its governing body not less than one year after 
the effective date of the initial joint powers agreement.  The 
withdrawing county or city must notify the commissioner and the 
other parties to the agreement at least one year before the 
beginning of the calendar year in which withdrawal takes effect. 
    Subd. 4.  [MEMBERSHIP; DUTIES OF CHAIR.] A board of health 
must have at least five members, one of whom must be elected by 
the members as chair and one as vice chair.  The chair, or in 
the chair's absence, the vice chair, must preside at meetings of 
the board of health and sign or authorize an agent to sign 
contracts and other documents requiring signature on behalf of 
the board of health. 
    Subd. 5.  [MEETINGS.] A board of health must hold meetings 
at least twice a year and as determined by its rules of 
procedure.  The board must adopt written procedures for 
transacting business and must keep a public record of its 
transactions, findings, and determinations.  Members may receive 
a per diem plus travel and other eligible expenses while engaged 
in official duties. 
    Sec. 4.  [145A.04] [POWERS AND DUTIES OF BOARD OF HEALTH.] 
    Subdivision 1.  [JURISDICTION; ENFORCEMENT.] A county or 
multicounty board of health has the powers and duties of a board 
of health for all territory within its jurisdiction not under 
the jurisdiction of a city board of health.  Under the general 
supervision of the commissioner, the board shall enforce laws, 
regulations, and ordinances pertaining to the powers and duties 
of a board of health within its jurisdictional area. 
    Subd. 2.  [APPOINTMENT OF AGENT.] A board of health must 
appoint, employ, or contract with a person or persons to act on 
its behalf.  The board shall notify the commissioner of the 
agent's name, address, and phone number where the agent may be 
reached between board meetings and submit a copy of the 
resolution authorizing the agent to act on the board's behalf.  
    Subd. 3.  [EMPLOYMENT; MEDICAL CONSULTANT.] (a) A board of 
health may establish a health department or other administrative 
agency and may employ persons as necessary to carry out its 
duties. 
    (b) Except where prohibited by law, employees of the board 
of health may act as its agents. 
    (c) Employees of the board of health are subject to any 
personnel administration rules adopted by a city council or 
county board forming the board of health unless the employees of 
the board are within the scope of a statewide personnel 
administration system. 
    (d) The board of health may appoint, employ, or contract 
with a medical consultant to receive appropriate medical advice 
and direction. 
    Subd. 4.  [ACQUISITION OF PROPERTY; REQUEST FOR AND 
ACCEPTANCE OF FUNDS; COLLECTION OF FEES.] (a) A board of health 
may acquire and hold in the name of the county or city the 
lands, buildings, and equipment necessary for the purposes of 
sections 145A.03 to 145A.13.  It may do so by any lawful means, 
including gifts, purchase, lease, or transfer of custodial 
control. 
    (b) A board of health may accept gifts, grants, and 
subsidies from any lawful source, apply for and accept state and 
federal funds, and request and accept local tax funds. 
    (c) A board of health may establish and collect reasonable 
fees for performing its duties and providing community health 
services. 
    (d) With the exception of licensing and inspection 
activities, access to community health services provided by or 
on contract with the board of health must not be denied to an 
individual or family because of inability to pay. 
    Subd. 5.  [CONTRACTS.] To improve efficiency, quality, and 
effectiveness, avoid unnecessary duplication, and gain cost 
advantages, a board of health may contract to provide, receive, 
or ensure provision of services. 
    Subd. 6.  [INVESTIGATION; REPORTING AND CONTROL OF 
COMMUNICABLE DISEASES.] A board of health shall make 
investigations and reports and obey instructions on the control 
of communicable diseases as the commissioner may direct under 
section 144.12, 145A.06, subdivision 2, or 145A.07.  Boards of 
health must cooperate so far as practicable to act together to 
prevent and control epidemic diseases. 
    Subd. 7.  [ENTRY FOR INSPECTION.] To enforce public health 
laws, ordinances or rules, a member or agent of a board of 
health may enter a building, conveyance, or place where 
contagion, infection, filth, or other source or cause of 
preventable disease exists or is reasonably suspected. 
    Subd. 8.  [REMOVAL AND ABATEMENT OF PUBLIC HEALTH 
NUISANCES.] (a) If a threat to the public health such as a 
public health nuisance, source of filth, or cause of sickness is 
found on any property, the board of health or its agent shall 
order the owner or occupant of the property to remove or abate 
the threat within a time specified in the notice but not longer 
than ten days.  Action to recover costs of enforcement under 
this subdivision must be taken as prescribed in section 145A.08. 
    (b) Notice for abatement or removal must be served on the 
owner, occupant, or agent of the property in one of the 
following ways: 
     (1) by registered or certified mail; 
     (2) by an officer authorized to serve a warrant; or 
     (3) by a person aged 18 years or older who is not 
reasonably believed to be a party to any action arising from the 
notice. 
     (c) If the owner of the property is unknown or absent and 
has no known representative upon whom notice can be served, the 
board of health or its agent shall post a written or printed 
notice on the property stating that, unless the threat to the 
public health is abated or removed within a period not longer 
than ten days, the board will have the threat abated or removed 
at the expense of the owner under section 145A.08 or other 
applicable state or local law. 
     (d) If the owner, occupant, or agent fails or neglects to 
comply with the requirement of the notice provided under 
paragraphs (b) and (c), then the board of health or its agent 
shall remove or abate the nuisance, source of filth, or cause of 
sickness described in the notice from the property. 
    Subd. 9.  [INJUNCTIVE RELIEF.] In addition to any other 
remedy provided by law, the board of health may bring an action 
in the court of appropriate jurisdiction to enjoin a violation 
of statute, rule, or ordinance that the board has power to 
enforce, or to enjoin as a public health nuisance any activity 
or failure to act that adversely affects the public health. 
    Subd. 10.  [HINDRANCE OF ENFORCEMENT PROHIBITED; 
PENALTY.] It is a misdemeanor deliberately to hinder a member of 
a board of health or its agent from entering a building, 
conveyance, or place where contagion, infection, filth, or other 
source or cause of preventable disease exists or is reasonably 
suspected, or otherwise to interfere with the performance of the 
duties of the board of health. 
    Subd. 11.  [NEGLECT OF ENFORCEMENT PROHIBITED; PENALTY.] It 
is a misdemeanor for a member or agent of a board of health to 
refuse or neglect to perform a duty imposed on a board of health 
by statute or ordinance. 
    Subd. 12.  [OTHER POWERS AND DUTIES ESTABLISHED BY 
LAW.] This section does not limit powers and duties of a board 
of health prescribed in other sections. 
    Sec. 5.  [145A.05] [LOCAL ORDINANCES.] 
    Subdivision 1.  [GENERALLY.] A county board may adopt 
ordinances for all or a part of its jurisdiction to regulate 
actual or potential threats to the public health under this 
section and section 375.51, unless the ordinances are preempted 
by, in conflict with, or less restrictive than standards in 
state law or rule. 
    Subd. 2.  [ANIMAL CONTROL.] In addition to powers under 
sections 35.67 to 35.69, a county board may adopt ordinances to 
issue licenses or otherwise regulate the keeping of animals, to 
restrain animals from running at large, to authorize the 
impounding and sale or summary destruction of animals, and to 
establish pounds. 
    Subd. 3.  [CONTROL OF UNWHOLESOME SUBSTANCES.] Unless 
preempted by or in conflict with sections 394.21 to 394.37, a 
county board may adopt ordinances to prevent bringing, 
depositing, or leaving within the county any unwholesome 
substance and to require the owners or occupants of lands to 
remove unwholesome substances or to provide for removal at the 
expense of the owner or occupant. 
    Subd. 4.  [REGULATION OF WASTE.] A county board may adopt 
ordinances to provide for or regulate the disposal of sewage, 
garbage, and other refuse. 
    Subd. 5.  [REGULATION OF WATER.] A county board may adopt 
ordinances to provide for cleaning and removal of obstructions 
from waters in the county and to prevent their obstruction or 
pollution. 
    Subd. 6.  [REGULATION OF OFFENSIVE TRADES.] A county board 
may adopt ordinances to regulate offensive trades, unless the 
ordinances are preempted by, in conflict with, or less 
restrictive than standards under sections 394.21 to 394.37.  In 
this subdivision, "offensive trade" means a trade or employment 
that is hurtful to inhabitants within any county, city, or town, 
dangerous to the public health, injurious to neighboring 
property, or from which offensive odors arise. 
     Subd. 7.  [CONTROL OF PUBLIC HEALTH NUISANCES.] A county 
board may adopt ordinances to define public health nuisances and 
to provide for their prevention or abatement. 
    Subd. 8.  [ENFORCEMENT OF DELEGATED POWERS.] A county board 
may adopt ordinances consistent with this section to administer 
and enforce the powers and duties delegated by agreement with 
the commissioner under section 145A.07. 
    Subd. 9.  [RELATION TO CITIES AND TOWNS.] The governing 
body of a city or town may adopt ordinances relating to the 
public health authorized by law or agreement with the 
commissioner under section 145A.07.  The ordinances must not 
conflict with or be less restrictive than ordinances adopted by 
the county board within whose jurisdiction the city or town is 
located. 
    Sec. 6.  [145A.06] [COMMISSIONER; POWERS AND DUTIES 
RELATIVE TO BOARDS OF HEALTH.] 
    Subdivision 1.  [GENERALLY.] In addition to other powers 
and duties provided by law, the commissioner has the powers 
listed in subdivisions 2 to 4. 
    Subd. 2.  [SUPERVISION OF LOCAL ENFORCEMENT.] (a) In the 
absence of provision for a board of health, the commissioner may 
appoint three or more persons to act as a board until one is 
established.  The commissioner may fix their compensation, which 
the county or city must pay. 
    (b) The commissioner by written order may require any two 
or more boards of health to act together to prevent or control 
epidemic diseases. 
    (c) If a board fails to comply with section 145A.04, 
subdivision 6, the commissioner may employ medical and other 
help necessary to control communicable disease at the expense of 
the board of health involved. 
    (d) If the commissioner has reason to believe that the 
provisions of this chapter have been violated, the commissioner 
shall inform the attorney general and submit information to 
support the belief.  The attorney general shall institute 
proceedings to enforce the provisions of this chapter or shall 
direct the county attorney to institute proceedings.  
    Subd. 3.  [CERTIFICATES FOR PUBLIC HEALTH NURSES.] The 
commissioner shall keep a list of nurses certified for public 
health duties and make this list available to boards of health.  
    Subd. 4.  [ASSISTANCE TO BOARDS OF HEALTH.] The 
commissioner shall help and advise boards of health that ask for 
help in developing, administering, and carrying out public 
health services and programs.  
    Sec. 7.  [145A.07] [DELEGATION OF POWERS AND DUTIES.] 
    Subdivision 1.  [AGREEMENTS TO PERFORM DUTIES OF 
COMMISSIONER.] (a) The commissioner of health may enter into an 
agreement with any board of health to delegate all or part of 
the licensing, inspection, reporting, and enforcement duties 
authorized under sections 144.12; 144.381 to 144.388; 144.411 to 
144.417; 144.71 to 144.76; 145A.04, subdivision 6; provisions of 
chapter 156A pertaining to construction, repair, and abandonment 
of water wells; chapter 157; and sections 327.14 to 327.28. 
    (b) Agreements are subject to subdivision 3. 
    (c) This subdivision does not affect agreements entered 
into under section 145.031, 145.55, or 145.918, subdivision 2. 
    Subd. 2.  [AGREEMENTS TO PERFORM DUTIES OF THE BOARD OF 
HEALTH.] A board of health may authorize a township board, city 
council, or county board within its jurisdiction to establish a 
board of health under section 145A.03 and delegate to the board 
of health by agreement any powers or duties under sections 
145A.04, 145A.07, subdivision 2, and 145A.08.  An agreement to 
delegate powers and duties of a board of health must be approved 
by the commissioner and is subject to subdivision 3. 
     Subd. 3.  [TERMS OF AGREEMENTS.] (a) Agreements authorized 
under this section must be in writing and signed by the 
delegating authority and the designated agent. 
     (b) The agreement must list criteria the delegating 
authority will use to determine if the designated agent's 
performance meets appropriate standards and is sufficient to 
replace performance by the delegating authority.  
     (c) The agreement may specify minimum staff requirements 
and qualifications, set procedures for the assessment of costs, 
and provide for termination procedures if the delegating 
authority finds that the designated agent fails to comply with 
the agreement. 
    (d) A designated agent must not perform licensing, 
inspection, or enforcement duties under the agreement in 
territory outside its jurisdiction unless approved by the 
governing body for that territory through a separate agreement. 
    (e) The scope of agreements established under this section 
is limited to duties and responsibilities agreed upon by the 
parties.  The agreement may provide for automatic renewal and 
for notice of intent to terminate by either party.  
    (f) During the life of the agreement, the delegating 
authority shall not perform duties that the designated agent is 
required to perform under the agreement, except inspections 
necessary to determine compliance with the agreement and this 
section or as agreed to by the parties. 
    (g) The delegating authority shall consult with, advise, 
and assist a designated agent in the performance of its duties 
under the agreement. 
    (h) This section does not alter the responsibility of the 
delegating authority for the performance of duties specified in 
law. 
    Sec. 8.  [145A.08] [ASSESSMENT OF COSTS; TAX LEVY 
AUTHORIZED.] 
    Subdivision 1.  [COST OF CARE.] A person who has or whose 
dependent or spouse has a communicable disease that is subject 
to control by the board of health is financially liable to the 
unit or agency of government that paid for the reasonable cost 
of care provided to control the disease under section 145A.04, 
subdivision 6. 
    Subd. 2.  [ASSESSMENT OF COSTS OF ENFORCEMENT.] (a) If 
costs are assessed for enforcement of section 145A.04, 
subdivision 8, and no procedure for the assessment of costs has 
been specified in an agreement established under section 
145A.07, the enforcement costs must be assessed as prescribed in 
this subdivision. 
    (b) A debt or claim against an individual owner or single 
piece of real property resulting from an enforcement action 
authorized by section 145A.04, subdivision 8, must not exceed 
the cost of abatement or removal.  
    (c) The cost of an enforcement action under section 
145A.04, subdivision 8, may be assessed and charged against the 
real property on which the public health nuisance, source of 
filth, or cause of sickness was located.  The auditor of the 
county in which the action is taken shall extend the cost so 
assessed and charged on the tax roll of the county against the 
real property on which the enforcement action was taken. 
    (d) The cost of an enforcement action taken by a town or 
city board of health under section 145A.04, subdivision 8, may 
be recovered from the county in which the town or city is 
located if the city clerk or other officer certifies the costs 
of the enforcement action to the county auditor as prescribed in 
this section.  Taxes equal to the full amount of the enforcement 
action but not exceeding the limit in paragraph (b) must be 
collected by the county treasurer and paid to the city or town 
as other taxes are collected and paid. 
    Subd. 3.  [TAX LEVY AUTHORIZED.] A city council or county 
board that has formed or is a member of a board of health may 
levy taxes under sections 275.50 to 275.56 on all taxable 
property in its jurisdiction to pay the cost of performing its 
duties under chapter 145A. 

                         COMMUNITY HEALTH BOARDS
    Sec. 9.  [145A.09] [PURPOSE; FORMATION; ELIGIBILITY; 
WITHDRAWAL.] 
    Subdivision 1.  [GENERAL PURPOSE.] The purpose of sections 
145A.09 to 145A.14 is to develop and maintain an integrated 
system of community health services under local administration 
and within a system of state guidelines and standards. 
    Subd. 2.  [COMMUNITY HEALTH BOARD; ELIGIBILITY.] A board of 
health that meets the requirements of sections 145A.09 to 
145A.13 is a community health board and is eligible for a 
community health subsidy under section 145A.13. 
    Subd. 3.  [POPULATION REQUIREMENT.] A board of health must 
include within its jurisdiction a population of 30,000 or more 
persons or be composed of three or more contiguous counties to 
be eligible to form a community health board. 
    Subd. 4.  [CITIES.] A city that received a subsidy under 
section 145.921 and that meets the requirements of sections 
145A.09 to 145A.13 is eligible for a community health subsidy 
under section 145A.13. 
     Subd. 5.  [HUMAN SERVICES BOARD.] A county board or a joint 
powers board of health that establishes a community health board 
and has or establishes an operational human services board under 
chapter 402 must assign the powers and duties of a community 
health board to the human services board. 
     Subd. 6.  [BOUNDARIES OF COMMUNITY HEALTH SERVICE 
AREAS.] The community health service area of a multicounty or 
multicity community health board must be within a region 
designated under sections 462.381 to 462.398, unless this 
condition is waived by the commissioner with the approval of the 
regional development commission directly involved or the 
metropolitan council, if appropriate.  In a region without a 
regional development commission, the director of the state 
planning agency shall act in place of the regional development 
commission. 
     Subd. 7.  [WITHDRAWAL.] (a) A county or city that has 
established or joined a community health board may withdraw from 
the subsidy program authorized by sections 145A.09 to 145A.13 by 
resolution of its governing body in accordance with section 
145A.03, subdivision 3, and this subdivision. 
     (b) A county or city may not withdraw from a joint powers 
community health board during the first two calendar years 
following that county's or city's initial adoption of the joint 
powers agreement.  
     (c) The withdrawal of a county or city from a community 
health board does not affect the eligibility for the community 
health subsidy of any remaining county or city for one calendar 
year following the effective date of withdrawal. 
    (d) The amount of additional annual payment for calendar 
year 1985 made pursuant to Minnesota Statutes 1984, section 
145.921, subdivision 4, must be subtracted from the subsidy for 
a county that, due to withdrawal from a community health board, 
ceases to meet the terms and conditions under which that 
additional annual payment was made. 
    Sec. 10.  [145A.10] [POWERS AND DUTIES OF COMMUNITY HEALTH 
BOARDS.] 
    Subdivision 1.  [GENERAL.] A community health board has the 
powers and duties of a board of health prescribed in sections 
145A.03, 145A.04, 145A.07, and 145A.08, as well as the general 
responsibility for development and maintenance of an integrated 
system of community health services as prescribed in sections 
145A.09 to 145A.13. 
     Subd. 2.  [PREEMPTION.] (a) Not later than 365 days after 
the approval of a community health plan by the commissioner, any 
other board of health within the community health service area 
for which the plan has been prepared must cease operation, 
except as authorized in a joint powers agreement under section 
145A.03, subdivision 2, or delegation agreement under section 
145A.07, subdivision 2, or as otherwise allowed by this 
subdivision. 
    (b) This subdivision does not preempt or otherwise change 
the powers and duties of any city or county eligible for subsidy 
under section 145A.09. 
    (c) This subdivision does not preempt the authority to 
operate a community health services program of any city of the 
first or second class operating an existing program of community 
health services located within a county with a population of 
300,000 or more persons until the city council takes action to 
allow the county to preempt the city's powers and duties. 
    Subd. 3.  [MEDICAL CONSULTANT.] The community health board 
must appoint, employ, or contract with a medical consultant to 
ensure appropriate medical advice and direction for the board of 
health and assist the board and its staff in the coordination of 
community health services with local medical care and other 
health services. 
     Subd. 4.  [EMPLOYEES.] Persons employed by a county, city, 
or the state whose functions and duties are assumed by a 
community health board shall become employees of the board 
without loss in benefits, salaries, or rights.  Failure to 
comply with this subdivision does not affect eligibility under 
section 145A.09. 
    Subd. 5.  [COMMUNITY HEALTH PLAN.] The community health 
board must prepare and submit to the commissioner a written plan 
at times prescribed by the commissioner under section 145A.12, 
subdivision 3, but no more often than every two years.  The 
community health plan must provide for the assessment of 
community health status and the integration, development, and 
provision of community health services that meet the priority 
needs of the community health service area.  The plan must be 
consistent with the standards and procedures established under 
section 145A.12, subdivision 3, and must at least include 
documentation of the following: 
    (1) a review and assessment of the implementation of the 
preceding community health plan; 
    (2) the process used to assess community health status and 
encourage full community participation in the development of the 
proposed community health plan; 
    (3) an identification of personal health services, 
institutional health services, health-related environmental 
programs and services, and related human services in the 
community; 
    (4) an assessment of community health status, a statement 
of goals and objectives according to priority, and the reasons 
for the priority order; 
    (5) a description of and rationale for the method the 
community health board plans to use to address each identified 
community health goal and objective and how each program 
category defined in section 145A.02 and any agreements entered 
into under section 145A.07 will be implemented to achieve these 
goals and objectives; 
    (6) a description of the ways in which planned community 
health services defined in section 145A.02 will be coordinated 
with services and resources identified in clause (2); 
    (7) the projected annual budgets for expenditure of the 
subsidy and local match provided for in section 145A.13 and for 
other sources of funding for the program categories defined in 
section 145A.02 including a description of the ways this funding 
is coordinated with funding from other local, state, and federal 
sources; and 
    (8) assurances that community health services will comply 
with applicable state and federal laws. 
    Subd. 6.  [BUDGET; PLAN REVISION.] The community health 
board must prepare and submit to the commissioner an annual 
budget for the expenditure of local match and subsidy funds 
under section 145A.13 and for other sources of funding for 
community health services.  Revisions to the community health 
plan or annual budgets must be submitted to the commissioner in 
the same manner as prescribed in section 145A.12, subdivisions 3 
and 4. 
     Subd. 7.  [EQUAL ACCESS TO SERVICES.] The community health 
board must ensure that community health services are accessible 
to all persons on the basis of need.  No one shall be denied 
services because of race, color, sex, age, language, religion, 
nationality, inability to pay, political persuasion, or place of 
residence. 
     Subd. 8.  [REPORTS.] The community health board must 
compile and submit reports to the commissioner on its 
expenditures and activities as required under section 145A.12, 
subdivision 5. 
     Subd. 9.  [ RECOMMENDED LEGISLATION.] The community health 
board may recommend local ordinances pertaining to community 
health services to any county board or city council within its 
jurisdiction and advise the commissioner on matters relating to 
public health that require assistance from the state, or that 
may be of more than local interest. 
    Subd. 10.  [STATE AND LOCAL ADVISORY COMMITTEES.] (a) A 
state community health advisory committee is established to 
advise, consult with, and make recommendations to the 
commissioner on the development, maintenance, funding, and 
evaluation of community health services.  Section 15.059, 
subdivision 5, applies to this committee.  Each community health 
board may appoint a member to serve on the committee.  The 
committee must meet at least quarterly, and special meetings may 
be called by the committee chair or a majority of the members.  
Members or their alternates may receive a per diem and must be 
reimbursed for travel and other necessary expenses while engaged 
in their official duties. 
    (b) The city councils or county boards that have 
established or are members of a community health board must 
appoint a community health advisory committee to advise, consult 
with, and make recommendations to the community health board on 
matters relating to the development, maintenance, funding, and 
evaluation of community health services.  The committee must 
consist of at least five members and must be generally 
representative of the population and health care providers of 
the community health service area.  The committee must meet at 
least three times a year and at the call of the chair or a 
majority of the members.  Members may receive a per diem and 
reimbursement for travel and other necessary expenses while 
engaged in their official duties. 
    (c) State and local advisory committees must adopt bylaws 
or operating procedures that specify the length of terms of 
membership, procedures for assuring that no more than half of 
these terms expire during the same year, and other matters 
relating to the conduct of committee business.  Bylaws or 
operating procedures may allow one alternate to be appointed for 
each member of a state or local advisory committee.  Alternates 
may be given full or partial powers and duties of members.  
    Sec. 11.  [145A.11] [POWERS AND DUTIES OF CITY AND COUNTY 
RELATIVE TO SUBSIDY.] 
    Subdivision 1.  [GENERALLY.] In addition to the powers and 
duties prescribed elsewhere in law and in section 145A.05, a 
city council or county board that has formed or is a member of a 
community health board has the powers and duties prescribed in 
this section. 
    Subd. 2.  [CONSIDERATION OF COMMUNITY HEALTH PLAN IN TAX 
LEVY.] In levying taxes authorized under section 145A.08, 
subdivision 3, a city council or county board that has formed or 
is a member of a community health board must consider the income 
and expenditures required to meet the objectives of the 
community health plan for its area. 
    Subd. 3.  [APROVAL OF PLAN AND BUDGET.] (a) The county 
board must review and approve the community health plan and 
budget or any revision prepared according to section 145A.10, 
subdivision 6, within 30 days of its receipt and before the 
submission of the plan, budget, or revision to the commissioner. 
     (b) The community health plan, budget, or revision 
submitted to the county board must incorporate the community 
health plan, budget, or revision developed by any city within 
its community health service area that has a community health 
board. 
     (c) The county board may approve the community health plan, 
budget, or revision as written or refer it back to the community 
health board with comments and instructions for further 
consideration. 
    (d) A city council or county board that is a member of a 
community health board may appeal to the commissioner for 
resolution of differences regarding the community health plan, 
budget, or revision. 
    (e) Failure to act within the specified time constitutes 
approval. 
    Subd. 4.  [ORDINANCES RELATING TO COMMUNITY HEALTH 
SERVICES.] A city council or county board that has established 
or is a member of a community health board may by ordinance 
adopt and enforce minimum standards for services provided 
according to section 145A.02 and 145A.10, subdivision 5.  An 
ordinance must not conflict with state law or with more 
stringent standards established either by rule of an agency of 
state government or by the provisions of the charter or 
ordinances of any city organized under section 145A.09, 
subdivision 4. 
    Sec. 12.  [145A.12] [POWERS AND DUTIES OF COMMISSIONER 
RELATIVE TO SUBSIDY.] 
    Subdivision 1.  [ADMINISTRATIVE AND PROGRAM SUPPORT.] The 
commissioner must assist community health boards in the 
development, administration, and implementation of community 
health services.  This assistance may consist of but is not 
limited to: 
    (1) informational resources, consultation, and training to 
help community health boards plan, develop, integrate, provide 
and evaluate community health services; and 
    (2) administrative and program guidelines, developed with 
the advice of the state community health advisory committee.  
Adoption of these guidelines by a community health board is not 
a prerequisite for plan approval as prescribed in subdivision 4. 
    Subd. 2.  [PERSONNEL STANDARDS.] In accordance with chapter 
14, and in consultation with the state community health advisory 
committee, the commissioner may adopt rules to set standards for 
administrative and program personnel to ensure competence in 
administration and planning and in each program area defined in 
section 145A.02. 
    Subd. 3.  [PLANNING STANDARDS; BUDGETS; REVISIONS.] The 
commissioner may, in accordance with chapter 14 and in 
consultation with the state community health advisory committee, 
adopt rules to set submission dates, procedures, and standards 
for community health plans, budgets, and revisions prepared 
according to section 145A.10, subdivisions 5 and 6. 
    Subd. 4.  [REVIEW AND APPROVAL OF PLAN, BUDGET OR 
REVISION.] The commissioner must review and act on the community 
health plan, budget, or any proposed revision within 60 days 
after receiving the plan, budget, or revision.  The commissioner 
may approve the plan, budget, or revision as written or refer it 
back to the community health board with comments and 
instructions for further consideration.  Failure to act within 
the specified time constitutes approval. 
    Subd. 5.  [REPORTING STANDARDS.] The commissioner may, in 
accordance with chapter 14 and in consultation with the state 
community health advisory committee, adopt rules establishing 
standards and procedures for a uniform reporting system that 
will permit the evaluation of the efficiency and effectiveness 
of community health services. 
    Subd. 6.  [REPORT TO LEGISLATURE.] The commissioner must 
report biennially to the legislature on the status of community 
health services funded under section 145A.13. 
    Sec. 13.  [145A.14] [SPECIAL GRANTS.] 
     Subdivision 1.  [MIGRANT HEALTH GRANTS.] (a) The 
commissioner may make special grants to cities, counties, groups 
of cities or counties, or nonprofit corporations to establish, 
operate, or subsidize clinic facilities and services, including 
mobile clinics, to furnish health services for migrant 
agricultural workers and their families in areas of the state 
where significant numbers of migrant workers are located.  
"Migrant agricultural worker" means any individual whose 
principal employment is in agriculture on a seasonal basis, who 
has been so employed within the past 24 months, and who has 
established a temporary residence for the purpose of such 
employment. 
     (b) Applicants must submit for approval a plan and budget 
for the use of the funds in the form and detail specified by the 
commissioner. 
    (c) Applicants must keep records, including records of 
expenditures to be audited, as the commissioner specifies. 
     Subd. 2.  [INDIAN HEALTH GRANTS.] (a) The commissioner may 
make special grants to community health boards to establish, 
operate, or subsidize clinic facilities and services to furnish 
health services for American Indians who reside off reservations.
     (b) To qualify for a grant under this subdivision the 
community health plan submitted by the community health board 
must contain a proposal for the delivery of the services and 
documentation that representatives of the Indian community 
affected by the plan were involved in its development. 
     (c) Applicants must submit for approval a plan and budget 
for the use of the funds in the form and detail specified by the 
commissioner. 
    (d) Applicants must keep records, including records of 
expenditures to be audited, as the commissioner specifies. 
    Sec. 14.  Minnesota Statutes 1986, section 35.67, is 
amended to read: 
    35.67 [RABIES INVESTIGATION.] 
    If the executive secretary of the board, the chief health 
officer of a city, the executive officer of a town board of 
animal health, or the a board of health of a statutory city as 
defined in section 145A.02, subdivision 2, receives a written 
complaint that rabies exists in a town or city in the officer's 
or board's jurisdiction, the officer or board of health shall 
investigate, either personally or through subordinate officers, 
the truth of the complaint.  An officer A board of health may 
also make an investigation and determination independently, 
without having received a complaint.  The fact that an executive 
officer of a town or city a board of health has investigated and 
determined that rabies does not exist in a jurisdiction does not 
deprive the executive secretary of the board of animal health of 
jurisdiction or authority to make an investigation and 
determination with reference to the territory.  For the purposes 
of sections 35.67 to 35.69, the jurisdiction of the executive 
secretary of the board of animal health is the entire state.  
    Sec. 15.  Minnesota Statutes 1986, section 35.68, is 
amended to read: 
    35.68 [RABIES PROCLAMATION.] 
    An officer who If a board of health as defined in section 
145A.02, subdivision 2, investigates and finds that rabies does 
exist in a town or city the board of health shall make and file 
a proclamation of the investigation and determination which 
prohibits the owner or custodian of any dog from allowing the 
dog to be at large within the town or city unless the dog is 
effectively muzzled so that it cannot bite any other animal or 
person. 
    If the executive secretary of the board of animal health, 
after investigation, has determined that rabies exists in any 
territory in the state, similar proclamations must be issued in 
all towns and cities within the territory or area in which it is 
necessary to control the outbreak and prevent the spread of the 
disease.  The proclamation must prohibit the owner or custodian 
of any dog within the designated territory from permitting or 
allowing the dog to be at large within the territory unless the 
dog is effectively muzzled so that it cannot bite any other 
animal or person. 
    All local peace officers and health officers boards of 
health shall enforce sections 35.67 to 35.69.  A violation of 
sections 35.67 to 35.69 is a misdemeanor. 
    A proclamation issued by the executive officer of a town 
board of health must be filed with the town clerk.  One issued 
by the chief health officer of a city must be filed with the 
city clerk of the political subdivision responsible for the 
board of health.  One issued by the executive secretary of the 
board of animal health must be filed with the clerk of each town 
and city within the territory it covers. 
    Each officer with whom the proclamation is filed shall 
publish a copy of it in one issue of a legal newspaper published 
in the clerk's town or city if one is published there.  If no 
newspaper is published there, the clerk must post a copy of the 
proclamation in three public places.  Publication is at the 
expense of the municipality.  
    Proof of publication must be by affidavit of the publisher 
and proof of posting must be by the person doing the posting.  
The affidavit must be filed with the proclamation.  The 
proclamation is effective five days after the publication or 
posting and remains effective for the period of time not 
exceeding six months specified in it by the officer board of 
health making the proclamation. 
    Sec. 16.  Minnesota Statutes 1986, section 144.36, is 
amended to read: 
    144.36 [APPEAL TO DISTRICT COURT.] 
    Within five days after service of the order, any person 
aggrieved thereby may appeal to the district court of the county 
in which such polluted source of water supply is situated; and 
such appeal shall be taken, prosecuted, and determined in the 
same manner as provided in section 145.19.  During the pendency 
of the appeal the pollution against which the order has been 
issued shall not be continued and, upon violation of such order, 
the appeal shall forthwith be dismissed.  
    Sec. 17.  Minnesota Statutes 1986, section 144.37, is 
amended to read: 
    144.37 [OTHER REMEDIES PRESERVED.] 
    Nothing in sections section 144.36 and 145.17 shall curtail 
the power of the courts to administer the usual legal and 
equitable remedies in cases of nuisances or of improper 
interference with private rights.  
    Sec. 18.  Minnesota Statutes 1986, section 145.075, is 
amended to read: 
    145.075 [INJUNCTIVE RELIEF BROUGHT BY COMMISSIONER OR LOCAL 
BOARD.] 
    In addition to any other remedy provided by law, the 
commissioner of health or local board of health may in its the 
commissioner's own name bring an action in the district court in 
the county in which the activity or practice sought to be 
enjoined occurs, of appropriate jurisdiction to enjoin any 
violation of a statute or rule which the commissioner of health 
or local board of health is empowered to enforce or promulgate 
adopt, or to enjoin as a public health nuisance any activity or 
failure to act that adversely affects the public health.  Any 
such activity or practice may be enjoined as a public nuisance. 
    Sec. 19.  Minnesota Statutes 1986, section 145.923, is 
amended to read: 
    145.923 [NONSMOKING AND HEALTH GRANTS TO PREVENT TOBACCO 
USE.] 
    The commissioner of health may award special grants to 
local community boards of health to conduct communitywide pilot 
programs for the promotion of nonsmoking or to local boards of 
community health boards or nonprofit corporations to conduct 
statewide programs for the promotion of nonsmoking to prevent 
tobacco use.  
    Sec. 20.  [EFFECT ON OTHER LAW.] 
    Nothing contained in this act shall be construed to repeal 
or invalidate Laws 1969, chapter 235.  
    Sec. 21.  Laws 1969, chapter 235, section 3, subdivision 2, 
is amended to read:  
    Subd. 2.  All powers and duties now or hereafter vested in 
or imposed upon the local health boards of health defined in 
Minnesota Statutes, Section 145.01 145A.02, subdivision 2, 
shall, in all areas be transferred to, vested in and imposed 
upon the county department from the date as may be determined by 
such health department, except that the jurisdiction of local 
boards of health shall continue in any municipality or township 
within the county if the governing body thereof indicates within 
30 days after notice of assignment of this responsibility to the 
county health department its intent to continue its local board 
of health.  In such municipality, the county board of health 
shall not have local board of health jurisdiction and it shall 
not assume such jurisdiction until such time as an agreement to 
such transfer of jurisdiction is made between the county board 
of commissioners and the governing body of the municipality or 
township.  
    Sec. 22.  Laws 1969, chapter 235, section 3, subdivision 4, 
is amended to read:  
    Subd. 4.  The department and the health board may be 
authorized to employ and direct public health nurses and to 
provide public health nursing and other nursing and home health 
services under the authority of Minnesota Statutes, Sections 
145.08 to 145.125 chapter 145A.  The health board shall suffice 
to function in lieu of the public health nursing committee 
provided for in Minnesota Statutes, Section 145.12. 
    Sec. 23.  [RULES TO RETAIN EFFECT.] 
    Rules adopted under Minnesota Statutes, section 145.918 
remain in effect until rules are adopted under section 145A.12 
or until otherwise repealed according to chapter 14. 
    Sec. 24.  [INSTRUCTIONS TO REVISOR; WORD CHANGES.] 
    The revisor of statutes shall change references to "health 
officer," "health officer of a city board of health," "city 
health officer," "county health officer," "township health 
officer," "health officer of any town board of health," "health 
officer of a city," "health officer of a county," "chief health 
officer," "district health officer," or "county and local health 
officer" wherever they occur in Minnesota Statutes, except 
chapter 253B, to refer to "agent of a board of health as 
authorized under section 145A.04" in the first instance in each 
section where they occur and to "authorized agent" in later 
references within that section. 
    In chapter 13, the revisor shall change references to 
"health officer as defined in section 145.01" to "agent of a 
board of health as authorized under section 145A.04, subdivision 
6." 
    The revisor of statutes shall change references to "local 
board of health," "township board of health," "town board of 
health," "city board of health," "county board of health," 
"local and county board of health," "county and local board of 
health," or "local health board" wherever they occur in 
Minnesota Statutes, except sections 145.882 to 145.89 and 
chapter 145A, to refer to "board of health as defined in section 
145A.02, subdivision 2," in the first instance in each section 
where they occur and to "board of health" in later instances in 
that section. 
    In chapter 368, the revisor shall change references to 
"board of health" to "board of health under section 145A.07, 
subdivision 2." 
    The revisor of statutes shall change references to "local 
board of health," or "local board" in sections 145.882 and 
145.885 to "community health board as defined in section 
145A.02, subdivision 5," in the first instance in each section 
where they occur and to "community health board" in later 
instances in that section. 
    The revisor of statutes shall change the words "public 
health nurse" in Minnesota Statutes to "public health nurse as 
defined in section 145A.02, subdivision 18," in the first 
instance in each section in which it occurs except in chapter 
145A. 
    The revisor of statutes shall change references to: 
    (1) "local board of health under section 145.913" to 
"community health board under section 145A.09"; 
    (2) "local board of health organized under sections 145.911 
to 145.922" to "community health board organized under sections 
145A.09 to 145A.13"; and 
    (3) "local health boards as defined in section 145.913" to 
"community health boards as defined in section 145A.02, 
subdivision 5." 
    Sec. 25.  [INSTRUCTION TO REVISOR; RENUMBERING.] 
    In the next edition of Minnesota Statutes, the revisor of 
statutes shall renumber section 145.921 as section 145A.13; and 
section 145.912, subdivision 9, as section 145.925, subdivision 
1a; and section 145.923 as section 145A.14, subdivision 3. 
    Sec. 26.  [INSTRUCTION TO REVISOR; REFERENCE CHANGES.] 
    In each section of Minnesota Statutes referred to in column 
A, the revisor of statutes shall delete the reference in column 
B and insert the reference in column C.  
           A                      B                   C 
145.883, subdivision 9   145.913              145A.09 
145.883, subdivision 9   145.911 to 145.922   145A.09 to 145A.13 
256E.03, subdivision 2   145.911 to 145.922   145A.09 to 145A.13 
256F.05, subdivision 2   145.911 to 145.922   145A.09 to 145A.13 
383B.221, subdivision 2  145.911 to 145.922   145A.09 to 145A.13 
402.02, subdivision 2    145.911 to 145.922   145A.09 to 145A.13 
    Sec. 27. [REPEALER.] 
    Minnesota Statutes 1986, sections 145.01; 145.03; 145.031; 
145.04; 145.05; 145.06; 145.07; 145.08; 145.085; 145.10; 145.11; 
145.12; 145.123; 145.125; 145.17; 145.18; 145.19; 145.20; 
145.21; 145.22; 145.23; 145.24, subdivisions 1 and 2; 145.47; 
145.48; 145.49; 145.50; 145.51; 145.52; 145.53; 145.54; 145.55; 
145.911; 145.912, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 
12, 13, 14, 15, 19, and 20; 145.913; 145.914; 145.915; 145.916; 
145.917; 145.918; 145.919; 145.92; and 145.922, are repealed. 
    Approved May 28, 1987