Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 595-S.F.No. 2137 
           An act relating to health; modifying requirements for 
          lead education, assessment, screening and abatement; 
          transferring rule authority from the commissioner of 
          the pollution control agency; defining a residential 
          hospice facility; modifying hospice program 
          conditions; limiting the number of residential hospice 
          facilities; requiring a report; amending Minnesota 
          Statutes 1990, sections 144.871, subdivisions 3, 6, 8, 
          and by adding subdivisions; 144.872, subdivisions 1, 
          2, 3, and 4; 144.873, subdivisions 2 and 3; 144.874, 
          subdivision 4; 144.876; 144.878, subdivision 2, and by 
          adding a subdivision; and 144A.48, subdivision 1, and 
          by adding a subdivision; Minnesota Statutes 1991 
          Supplement, sections 144.871, subdivision 2; 144.873, 
          subdivision 1; 144.874, subdivisions 1, 2, 3, and 12; 
          and 326.87, subdivision 1; repealing Minnesota 
          Statutes 1990, sections 116.51; 116.52; 116.53, 
          subdivision 1; and 144.878, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
144.871, subdivision 2, is amended to read: 
    Subd. 2.  [ABATEMENT.] "Abatement" means removal of, 
replacement of, or encapsulation of deteriorated paint, bare 
soil, dust, drinking water, or other materials that are or may 
become readily accessible during the abatement process and pose 
an immediate threat of actual lead exposure to people.  The 
abatement rules to be adopted under section 144.878, subdivision 
2, shall apply as described in section 144.874. 
    Sec. 2.  Minnesota Statutes 1990, section 144.871, 
subdivision 3, is amended to read: 
    Subd. 3.  [ABATEMENT CONTRACTOR.] "Abatement contractor" 
means any person hired by a property owner or resident to 
perform abatement of a lead source in violation of standards 
under section 144.878. 
    Sec. 3.  Minnesota Statutes 1990, section 144.871, 
subdivision 6, is amended to read: 
    Subd. 6.  [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead 
level" in a child no more than six years old or in a pregnant 
woman means at least 25 micrograms of lead per deciliter of 
whole blood a blood lead level that exceeds the federal Centers 
for Disease Control guidelines for preventing lead poisoning in 
young children, unless the commissioner finds that a lower 
concentration is necessary to protect public health. 
    Sec. 4.  Minnesota Statutes 1990, section 144.871, is 
amended by adding a subdivision to read: 
    Subd. 7a.  [HIGH RISK FOR TOXIC LEAD EXPOSURE.] "High risk 
for toxic lead exposure" means either: 
    (1) that elevated blood lead levels have been diagnosed in 
a population of children or pregnant women; 
    (2) without blood lead data, that a population of children 
or pregnant women resides in: 
    (i) a census tract with many residential structures known 
to have or suspected of having deteriorated paint; or 
    (ii) a census tract with a median soil lead concentration 
greater than 100 parts per million for any sample collected 
according to Minnesota Rules, part 4761.0400, subpart 8, and 
rules adopted under section 144.878; or 
    (3) the priorities adopted by the commissioner under 
section 144.878, subdivision 2, shall apply to this subdivision. 
    Sec. 5.  Minnesota Statutes 1990, section 144.871, is 
amended by adding a subdivision to read: 
    Subd. 7b.  [PRIMARY PREVENTION FOR TOXIC LEAD EXPOSURE.] 
"Primary prevention for toxic lead exposure" means performance 
of swab team services, encapsulation, and removal and 
replacement abatement, including lead cleanup and health 
education, before children develop elevated blood lead levels. 
    Sec. 6.  Minnesota Statutes 1990, section 144.871, 
subdivision 8, is amended to read: 
    Subd. 8.  [SAFE HOUSING.] "Safe housing" means a residence 
that does not violate have deteriorating paint, bare soil, lead 
dust, and which does not violate any of the standards adopted 
according to section 144.878, subdivision 2. 
    Sec. 7.  Minnesota Statutes 1990, section 144.871, is 
amended by adding a subdivision to read: 
    Subd. 9.  [SWAB TEAM.] "Swab team" means a person or 
persons who implement in-place management of lead exposure 
sources, which includes: 
    (1) covering or replacing bare soil that has a lead 
concentration of 100 parts per million, and establishing safe 
exterior play and garden areas; 
    (2) removing loose paint and paint chips and installing 
guards to protect intact paint; 
    (3) removing lead dust by washing, vacuuming, and cleaning 
the interior of residential property including carpets; and 
    (4) other means, including cleanup and health education, 
that immediately protect children who engage in mouthing or pica 
behavior from lead sources.  
    Sec. 8.  Minnesota Statutes 1990, section 144.872, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROACTIVE LEAD EDUCATION STRATEGY.] For 
fiscal years 1990 and 1991, The commissioner shall, within 
available federal or state appropriations, contract with boards 
of health in communities at high risk for toxic lead exposure to 
children, lead advocacy organizations, and businesses to design 
and implement a uniform, proactive educational program to 
introduce sections 144.871 to 144.878 and to promote the 
prevention of exposure to all sources of lead to target 
populations.  Priority shall be given to providing to assure, at 
the time of a home assessment or following an abatement order, 
that a family will receive visits by public health nurses and 
community-based advocates specifically trained in lead cleanup 
and the health-related aspects of lead exposure in their 
residence periodically throughout the abatement process or until 
the child's blood lead level is no longer elevated.  The purpose 
of the home visit is to provide information about safety 
measures, community resources, legal resources related to the 
abatement process, housing resources, nutrition, health 
follow-up materials, and methods to be followed before, during, 
and after the abatement process.  If a family moves to a new 
residence temporarily, during the abatement process, services 
should be provided at the temporary residence whenever 
feasible.  Boards of health are encouraged to link the service 
with other home visits a family may be receiving and to use 
neighborhood-based programs which give priority to hiring 
neighborhood residents as community-based advocates.  Ongoing 
education that includes health and lead cleanup information and 
the lead laws and rules shall be provided to health care and 
social service providers, registered licensed abatement 
contractors, other contractors, building trades professionals 
and nonprofessionals, property owners, and parents.  Educational 
materials shall be multilingual and multicultural to meet the 
needs of diverse populations.  The commissioner shall create and 
administer a program to fund locally based advocates who, 
following the issuance of an abatement order, shall visit the 
family in their residence to instruct them about safety 
measures, materials, and methods to be followed before, during, 
and after the abatement process. either conduct or contract with 
nonprofit organizations or businesses, for a proactive lead 
education program to serve communities at high risk for toxic 
lead exposure to children in which a board of health does not 
have a contract with the commissioner for a proactive lead 
education strategy.  
    Sec. 9.  Minnesota Statutes 1990, section 144.872, 
subdivision 2, is amended to read: 
    Subd. 2.  [HOME ASSESSMENTS.] The commissioner shall, 
within available federal or state appropriations, contract with 
boards of health, who may determine priority for responding to 
cases of elevated blood lead levels, to conduct assessments to 
determine sources of lead contamination in the residences of 
children and pregnant women whose blood lead levels exceed 25 
are at least ten micrograms per deciliter and of children whose 
blood lead levels are at least 20 micrograms per deciliter or 
whose blood lead levels persist in the range of 15 to 19 
micrograms per deciliter for 90 days after initial 
identification to the board of health or the commissioner.  
Assessments must be conducted within five working days of the 
board of health receiving notice that the criteria in this 
subdivision have been met.  The commissioner or boards of health 
must identify the known addresses for the previous 12 months of 
the child or pregnant woman with elevated blood lead levels and 
notify the property owners at those addresses.  The commissioner 
may also collect information on the race, sex, and family income 
of children and pregnant women with elevated blood lead levels.  
Within the limits of appropriations, a board of health shall 
conduct home assessments for children and pregnant women whose 
confirmed blood lead levels are in the range of ten to 19 
micrograms per deciliter.  The commissioner shall also provide 
educational materials on all sources of lead to boards of health 
to provide education on ways of reducing the danger of lead 
contamination.  The commissioner may provide laboratory or field 
lead testing equipment to a board of health or may reimburse a 
board of health for direct costs associated with assessments. 
    Sec. 10.  Minnesota Statutes 1990, section 144.872, 
subdivision 3, is amended to read: 
    Subd. 3.  [SAFE HOUSING.] The commissioner shall contract 
with boards of health for safe housing to be used in meeting 
relocation requirements in section 144.874, subdivision 4.  The 
commissioner shall, within available federal or state 
appropriations, award grants to boards of health for the 
purposes of paying housing costs under section 144.874, 
subdivision 4. 
    Sec. 11.  Minnesota Statutes 1990, section 144.872, 
subdivision 4, is amended to read: 
    Subd. 4.  [PAINT REMOVAL LEAD CLEANUP EQUIPMENT AND 
MATERIAL GRANTS.] State matching Within the limits of available 
state or federal appropriations, funds shall be made 
available for under a grant program to nonprofit community-based 
organizations in areas at high risk for toxic lead exposure.  
Grantees shall use the money to purchase and provide paint 
removal lead cleanup equipment and educational materials, and to 
pay for training for staff and volunteers for lead abatement 
certification.  Grantees may work with licensed lead abatement 
contractors and certified trainers to meet the requirements of 
this program.  Equipment shall include:  high efficiency 
particle accumulator and wet vacuum cleaners, drop cloths, 
secure containers, respirators, scrapers, and dust and particle 
containment material, and other cleanup and containment 
materials to patch loose paint and plaster, control household 
dust, wax floors, clean carpets and sidewalks, and cover bare 
soil.  Upon certification, the grantees may make equipment and 
educational materials available to residents and property owners 
and instruct them on the proper use.  Equipment shall be made 
available to low-income households on a priority basis. 
    Sec. 12.  Minnesota Statutes 1991 Supplement, section 
144.873, subdivision 1, is amended to read: 
    Subdivision 1.  [REPORT REQUIRED.] Medical laboratories 
performing blood lead analyses must report to the commissioner 
confirmed finger stick and venipuncture blood lead results of at 
least five micrograms per deciliter and the method used to 
obtain these results.  Boards of health must report to the 
commissioner the results of analyses from residential samples of 
paint, bare soil, dust, and drinking water that show lead in 
concentrations greater than or equal to the lead standards 
adopted by permanent rule under section 144.878.  The 
commissioner shall require the date of the test, and the current 
address and birthdate of the patient, and other related 
information from medical laboratories and boards of health as 
may be needed to monitor and evaluate blood lead levels in the 
public, including the date of the test and the address of the 
patient. 
    Sec. 13.  Minnesota Statutes 1990, section 144.873, 
subdivision 2, is amended to read: 
    Subd. 2.  [TEST OF CHILDREN IN HIGH RISK AREAS.] Within 
limits of available state and federal appropriations, the 
commissioner shall promote and subsidize a blood lead test of 
all children under six years of age who live in the all areas of 
high risk areas of Minneapolis, St. Paul, and Duluth for toxic 
lead exposure that are currently known or subsequently 
identified.  Within the limits of available appropriations, the 
commissioner shall conduct surveys, especially soil assessments 
larger than a residence, as defined by the commissioner, in 
greater Minnesota communities where a case of elevated blood 
lead levels has been reported. 
    Sec. 14.  Minnesota Statutes 1990, section 144.873, 
subdivision 3, is amended to read: 
    Subd. 3.  [STATEWIDE LEAD SCREENING.] Statewide lead 
screening by erythrocyte protoporphyrin test blood lead assays 
in conjunction with routine blood tests analyzed by atomic 
absorption equipment or other equipment with equivalent or 
better accuracy shall be advocated by boards of health. 
    Sec. 15.  Minnesota Statutes 1991 Supplement, section 
144.874, subdivision 1, is amended to read: 
    Subdivision 1.  [RESIDENCE ASSESSMENT.] (a) A board of 
health must conduct a timely assessment of a residence, within 
five working days of receiving notification that the criteria in 
this subdivision have been met, to determine sources of lead 
exposure if: 
    (1) a pregnant woman in the residence is identified as 
having a blood lead level of at least ten micrograms of lead per 
deciliter of whole blood; or 
    (2) a child in the residence is identified as having an 
elevated a blood lead level at or above 20 micrograms per 
deciliter; or 
    (3) a blood lead level that persists in the range of 15 to 
19 micrograms per deciliter for 90 days after initial 
identification.  
    Within the limits of available state and federal 
appropriations, a board of health shall also conduct home 
assessments for children whose confirmed blood lead levels are 
in the range of ten to 19 micrograms per deciliter.  If a child 
regularly spends several hours per day at another residence, 
such as a residential child care facility, the board of health 
must also assess the other residence. 
    (b) The board of health must conduct the residential 
assessment according to rules adopted by the commissioner 
according to section 144.878. 
    Sec. 16.  Minnesota Statutes 1991 Supplement, section 
144.874, subdivision 2, is amended to read: 
    Subd. 2.  [RESIDENTIAL LEAD ASSESSMENT GUIDE.] (a) The 
commissioner of health shall develop or purchase a residential 
lead assessment guide that enables parents to assess the 
possible lead sources present and that suggests actions.  The 
guide must provide information on safe abatement and disposal 
methods, sources of equipment, and telephone numbers for 
additional information to enable the persons to either perform 
the abatement or to intelligently select an abatement 
contractor.  In addition, the guide must: 
    (1) meet the requirements of Minnesota laws and rules; 
    (2) be understandable at an eighth grade reading level; 
    (3) include information on all necessary safety precautions 
for all lead source cleanup; and 
    (4) be the best available educational material. 
    (b) A board of health must provide the residential lead 
assessment guide to: 
    (1) parents of children who are identified as having blood 
lead levels of at least ten micrograms per deciliter; and 
    (2) property owners and occupants who are issued housing 
code orders requiring disruption of lead sources.  
    (c) A board of health must provide the residential lead 
assessment guide on request to owners or tenants of residential 
property within the jurisdiction of the board of health.  
    Sec. 17.  Minnesota Statutes 1991 Supplement, section 
144.874, subdivision 3, is amended to read: 
    Subd. 3.  [ABATEMENT ORDERS.] A board of health must order 
a property owner to perform abatement on a lead source that 
exceeds a standard adopted according to section 144.878 at the 
residence of a child with an elevated blood lead level or a 
pregnant woman with a blood lead level of at least ten 
micrograms per deciliter.  Abatement orders must require that 
any source of damage, such as leaking roofs, plumbing, and 
windows, must be repaired or replaced, as needed, to prevent 
damage to lead-containing interior surfaces.  With each 
abatement order, the board of health must provide a residential 
lead abatement guide.  The guide must be developed or purchased 
by the commissioner and must provide information on safe 
abatement and disposal methods, sources of equipment, and 
telephone numbers for additional information to enable the 
property owner to either perform the abatement or to 
intelligently select an abatement contractor. 
    Sec. 18.  Minnesota Statutes 1990, section 144.874, 
subdivision 4, is amended to read: 
    Subd. 4.  [RELOCATION OF RESIDENTS.] A board of health must 
ensure that residents are relocated from rooms or dwellings 
during abatement that generates leaded dust, such as removal or 
disruption of lead-based paint or plaster that contains lead.  
Residents must be allowed to return to the residence or dwelling 
after completion of abatement.  A board of health shall use 
grant funds under section 144.872, subdivision 3, in cooperation 
with local housing agencies, to pay for moving costs for any low 
income resident temporarily relocated during lead abatement, not 
to exceed $250 per household. 
    Sec. 19.  Minnesota Statutes 1991 Supplement, section 
144.874, subdivision 12, is amended to read: 
    Subd. 12.  [ENFORCEMENT AND STATUS REPORT.] The 
commissioner shall examine compliance with Minnesota's existing 
lead standards and rules and report to the legislature by 
January 15, 1992, on biennially, beginning February 15, 1993, 
including an evaluation of current levels of compliance lead 
program activities by the state and boards of health, the need 
for any additional enforcement procedures, recommendations on 
developing a method to enforce compliance with lead standards 
and cost estimates for any proposed enforcement procedure.  The 
report must also include a geographic analysis of all blood lead 
assays showing incidence data and environmental analyses 
reported or collected by the commissioner.  
    Sec. 20.  Minnesota Statutes 1990, section 144.876, is 
amended to read: 
    144.876 [REGISTRATION AND LICENSING OF ABATEMENT 
CONTRACTORS AND CERTIFICATION OF EMPLOYEES.] 
    Subdivision 1.  [LICENSING AND CERTIFICATION.] Abatement 
contractors must register with, within 180 days after rules are 
adopted under section 144.878, subdivision 5, obtain a license 
from the commissioner according to forms and procedures 
prescribed by the commissioner.  Employees of abatement 
contractors must obtain certification from the commissioner.  
The commissioner shall specify training and testing requirements 
for licensure and certification and shall charge a fee for the 
cost of issuing a license or certificate and for training 
provided by the commissioner.  The commissioner shall provide 
the contractor with a written violation notice, and may revoke 
the license of an abatement contractor, or the certificate of an 
employee, upon finding that the contractor or employee has 
violated the rules adopted under section 144.878 in a manner 
that poses unreasonable risk to public health. 
    Fees collected under this subdivision must be set in 
amounts to be determined by the commissioner to cover but not 
exceed the costs of adopting rules under section 144.878, 
subdivision 5, the costs of licensure, certification, and 
training, and the costs of enforcing licenses and certificates 
under this subdivision.  All fees received must be paid into the 
state treasury and credited to the lead abatement licensing and 
certification account and are appropriated to the commissioner 
to cover costs incurred under this subdivision and section 
144.878, subdivision 5. 
    Subd. 2.  [LICENSED BUILDING CONTRACTOR; INFORMATION.] The 
commissioner shall provide health and safety information on lead 
abatement to all residential building contractors licensed under 
section 326.84.  The information must include material on ways 
to protect the health and safety of both employees working on 
lead contaminated structures and residents of lead contaminated 
structures. 
    Subd. 3.  [UNLICENSED ABATEMENT CONTRACTORS.] Contractors 
may not advertise or otherwise present themselves as abatement 
contractors unless they have abatement licenses issued by the 
department of health under rules adopted under section 144.878, 
subdivision 5. 
    Sec. 21.  Minnesota Statutes 1990, section 144.878, 
subdivision 2, is amended to read: 
    Subd. 2.  [LEAD STANDARDS AND ABATEMENT METHODS.] (a) By 
January 31, 1991, The commissioner shall adopt rules 
establishing standards and abatement methods for lead in paint, 
dust, and drinking water in a manner that protects public health 
and the environment for all residences, including residences 
also used for a commercial purpose.  The commissioner shall 
adopt priorities for providing abatement services to areas 
defined to be at high risk for toxic lead exposure.  In adopting 
priorities, the commission shall consider the number of children 
and pregnant women diagnosed with elevated blood lead levels and 
the median concentration of lead in the soil.  The commissioner 
shall give priority to:  areas having the largest population of 
children and pregnant women having elevated blood lead levels; 
areas with the highest median soil lead concentration; and areas 
where it has been determined that there are large numbers of 
residences that have deteriorating paint.  The commissioner 
shall differentiate between intact paint and deteriorating 
paint.  The commissioner and political subdivisions shall 
require abatement of intact paint only if the commissioner or 
political subdivision finds that intact paint is accessible to 
children as a chewable or lead-dust producing surface and that 
is a known source of actual lead exposure to a specific person.  
In adopting rules under this subdivision, the commissioner shall 
require the best available technology for abatement methods, 
paint stabilization, and repainting.  
    (b) By January 31, 1991, The commissioner of the pollution 
control agency health shall adopt standards and abatement 
methods for lead in bare soil on playgrounds and residential 
property in a manner to protect public health and the 
environment. 
    (c) By January 31, 1991, The commissioner of the pollution 
control agency shall adopt rules to ensure that removal of 
exterior lead-based coatings from residential property by 
abrasive blasting methods is and disposal of any hazardous waste 
are conducted in a manner that protects public health and the 
environment. 
    (d) All standards adopted under this subdivision must 
provide adequate margins of safety that are consistent with a 
detailed review of scientific evidence and an emphasis on 
overprotection rather than underprotection when the scientific 
evidence is ambiguous.  The rules must apply to any individual 
performing or ordering the performance of lead abatement. 
    Sec. 22.  Minnesota Statutes 1990, section 144.878, is 
amended by adding a subdivision to read: 
    Subd. 5.  [LEAD ABATEMENT CONTRACTORS AND EMPLOYEES.] The 
commissioner shall adopt rules to license abatement contractors; 
to certify employees of lead abatement contractors who perform 
abatement; and to certify lead abatement trainers who provide 
lead abatement training for contractors, employees, or other 
lead abatement trainers.  The rules must include standards and 
procedures for on-the-job training for swab teams.  All lead 
abatement training must include a hands-on component and 
instruction on the health effects of lead exposure, the use of 
personal protective equipment, workplace hazards and safety 
problems, abatement methods and work practices, decontamination 
procedures, cleanup and waste disposal procedures, lead 
monitoring and testing methods, and legal rights and 
responsibilities.  At least 30 days before publishing initial 
notice of proposed rules under this subdivision on the licensing 
of lead abatement contractors, the commissioner shall submit the 
rules to the chairs of the health and human services committees 
in the house of representatives and the senate, and to any 
legislative committee on licensing created by the legislature. 
    Sec. 23.  Minnesota Statutes 1990, section 144A.48, 
subdivision 1, is amended to read: 
     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given to them: 
     (1) "Core services" means physician services, registered 
nursing services, medical social services, pastoral care or 
other counseling services, and volunteer services that are 
provided either directly by the hospice program or through a 
service contract or other arrangement; 
     (2) "Hospice patient" means an individual who has been 
diagnosed as terminally ill with a probable life expectancy of 
under one year, as documented by the individual's attending 
physician, and who alone or, when unable, through the hospice 
patient's family has voluntarily consented to and received 
admission to a hospice program; 
     (3) "Hospice patient's family" means relatives of the 
hospice patient, the hospice patient's guardian, primary 
caregivers, or persons identified by the hospice patient as 
having significant personal ties; 
    (4) "Hospice program" means palliative and supportive care 
and other services provided by an interdisciplinary team under 
the direction of an identifiable hospice administration to 
terminally ill hospice patients and their families to meet the 
physical, nutritional, emotional, social, spiritual, and special 
needs experienced during the final stages of illness, dying, and 
bereavement, through a centrally coordinated program that 
ensures continuity and consistency of home and inpatient care 
provided directly or through an agreement; 
    (5) "Interdisciplinary team" means a group of qualified 
individuals with expertise in meeting the special needs of 
hospice patients and their families, including, at a minimum, 
those individuals who are providers of core services; 
    (6) "Palliative care" means care directed at managing the 
symptoms experienced by the hospice patient and intended to 
enhance the quality of life for the hospice patient and the 
patient's family, but not directed at curing the illness; and 
    (7) "Residential hospice facility" means a facility that 
houses no more than eight hospice patients, located in a 
residential area in a facility that resembles a single-family 
home, that directly provides 24-hour residential and support 
services in a home-like setting for hospice patients as an 
integral part of the continuum of home care provided by a 
hospice licensed under subdivision 2; and 
    (8) "Volunteer services" means services by volunteers who 
provide a personal presence that augments a variety of 
professional and nonprofessional services available to the 
hospice patient, the patient's family, and the hospice program.  
    Sec. 24.  Minnesota Statutes 1990, section 144A.48, is 
amended by adding a subdivision to read: 
    Subd. 6.  [RESIDENTIAL HOSPICE.] A hospice program may 
operate a residential hospice facility for hospice patients if 
it is: 
    (1) licensed as a hospice program under this section; 
    (2) licensed as a class B supervised living facility under 
section 144.50, subdivision 6, provided that: 
    (i) the residential hospice facility is not required to 
obtain a program license from the department of human services 
under Minnesota Rules, part 4665.0700; and 
     (ii) for purposes of the state building code and state 
uniform fire code, the facility meets group R, division 3, 
occupancy requirements for six or less persons and group R, 
division 1, occupancy requirements for seven to eight persons; 
and 
    (3) in compliance with the fire protection provisions of 
chapter 21 of the 1988 Life Safety Code, NFPA 101, for 
facilities housing persons with impractical evacuation 
capabilities, as a minimum. 
     Sec. 25.  Minnesota Statutes 1991 Supplement, section 
326.87, subdivision 1, is amended to read: 
    Subdivision 1.  [STANDARDS.] The commissioner, in 
consultation with the council, may adopt standards for 
continuing education requirements and course approval.  Except 
for the course content, the standards must be consistent with 
the standards established for real estate agents and other 
professions licensed by the department of commerce.  At a 
minimum, the content of one hour of any required continuing 
education must contain information on lead abatement rules and 
safe lead abatement procedures. 
    Sec. 26.  [ALLOCATION OF FEDERAL LEAD ABATEMENT FUNDS.] 
    To the extent practicable under federal guidelines, the 
commissioner of health shall coordinate with the commissioner of 
housing finance so that at least 50 percent of federal lead 
abatement funds are allocated for swab teams as defined in 
section 7.  Priority for funding swab teams shall be given to 
contractors who hire residents from neighborhoods where the 
contractor is providing lead abatement services. 
    To the extent practicable under federal guidelines, the 
commissioner of health may use federal funding for local boards 
of health for lead screening, lead assessment, and lead 
abatement only to the extent that the federal funds do not 
replace existing funding for these lead services. 
    Sec. 27.  [LICENSURE LIMITATION.] 
    For the fiscal year ending June 30, 1993, the commissioner 
of health may license up to 15 residential hospice programs 
under section 24.  The commissioner shall report to the 
legislature by March 1, 1993, on the number of residential 
hospice programs that have been licensed or applied for 
licensure under section 24, their geographic location, and any 
financial information available to the commissioner.  The report 
shall include a recommendation from the commissioner.  The 
report shall include a recommendation from the commissioner on 
the need to continue limiting the number of licensed residential 
hospice programs. 
    Sec. 28.  [REVISOR INSTRUCTION.] 
    In Minnesota Statutes and Minnesota Rules, the revisor 
shall recodify Minnesota Statutes, section 116.53, subdivision 
2, as part of Minnesota Statutes, chapter 144, and shall change 
the terms "commissioner of the pollution control agency," 
"pollution control agency," and similar terms to "commissioner 
of health," "department of health," and similar terms.  
    Sec. 29.  [REPEALER.] 
    Minnesota Statutes 1990, sections 116.51; 116.52; 116.53, 
subdivision 1; and 144.878, subdivision 4, are repealed. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 4:02 p.m.