Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 337-S.F.No. 1054 
           An act relating to state departments and agencies; 
          providing for reports on advisory task forces 
          committees and councils; providing for their 
          expirations; eliminating certain advisory bodies; 
          amending Minnesota Statutes 1992, sections 15.059, 
          subdivision 5; 16B.39, subdivision 1a; 41A.02, 
          subdivision 1; 41A.04, subdivisions 2 and 4; 116J.975; 
          125.188, subdivision 3; 125.1885, subdivision 3; 
          129D.16; 148.235, subdivision 2; 161.1419, subdivision 
          8; 246.017, subdivision 2; 246.56, subdivision 2; 
          254A.035, subdivision 2; 254A.04; 256B.0629, 
          subdivision 4; 256B.433, subdivision 1; and 299F.093, 
          subdivision 1; repealing Minnesota Statutes 1992, 
          sections 41.54; 41A.07; 43A.31, subdivision 4; 82.30, 
          subdivision 1; 84.524, subdivisions 1 and 2; 85A.02, 
          subdivision 4; 86A.10, subdivision 1; 116J.645; 
          116J.984, subdivision 11; 116N.05; 120.064, 
          subdivision 6; 121.87; 145.93, subdivision 2; 148B.20, 
          subdivision 2; 152.02, subdivision 11; 184.23; 206.57, 
          subdivision 3; 245.476, subdivision 4; 245.4885, 
          subdivision 4; 256.9745; 256B.433, subdivision 4; 
          257.072, subdivision 6; 299F.092, subdivision 9; 
          299F.097; and 626.5592. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 15.059, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXPIRATION DATE.] Unless a different date is 
specified by law, the existence of each advisory council and 
committee created before January 1, 1993, and governed by this 
section shall terminate on June 30, 1993.  An advisory council 
or committee whose expiration is not governed by this section 
does not terminate June 30, 1993, unless specified by other 
law.  An advisory council or committee created by law and in 
existence after June 30, 1993, expires on the date specified in 
the law creating the group or on June 30, 1997, whichever is 
sooner.  This expiration provision applies whether or not the 
law creating the group provides that the group is governed by 
this section. 
    Sec. 2.  Minnesota Statutes 1992, section 16B.39, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [ENDOWMENT FUND.] The commissioner of 
administration may establish an endowment fund to reward state 
agencies and their employees for improving productivity and 
service quality.  The commissioner shall use gift money to 
establish the fund.  The interest earnings are appropriated to 
the commissioner to make agency and employee awards.  The 
commissioner shall establish an advisory task force of state 
employees and private individuals to recommend criteria for 
granting rewards and to recommend award recipients. 
    Sec. 3.  Minnesota Statutes 1992, section 41A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE.] The definition of each term given 
in this section applies whenever the term is used in sections 
41A.01 to 41A.07 41A.066. 
    Sec. 4.  Minnesota Statutes 1992, section 41A.04, 
subdivision 2, is amended to read: 
    Subd. 2.  [ENVIRONMENTAL ASSESSMENT.] Notwithstanding any 
other law or rule, no environmental impact statement must be 
completed prior to the approval of an application and the 
issuance of a conditional commitment for the guaranty of a loan 
for an agricultural resource project, or the taking of any other 
action permitted by sections 41A.01 to 41A.07 41A.066, including 
the issuance of bonds, which is considered necessary or 
desirable by the board to prepare for a final commitment and to 
make it effective.  Environmental review, to the extent required 
by law, shall be made in conjunction with the issuance by state 
agencies of environmental permits for the project.  Permits may 
be applied for prior to the issuance of a conditional commitment.
Action shall be taken as expeditiously as possible on 
environmental review and all permits required.  Environmental 
review shall be completed within 180 days after the initial 
filing of an application to the pollution control agency for the 
first permit.  Final action shall be taken on permits within 90 
days after completion of environmental review or, as to any 
permit requiring a public hearing, within 90 days after the 
receipt of the administrative law judge's report.  
    Sec. 5.  Minnesota Statutes 1992, section 41A.04, 
subdivision 4, is amended to read: 
    Subd. 4.  [RULEMAKING AUTHORITY.] In order to effectuate 
the purposes of sections 41A.01 to 41A.07 41A.066, the board 
shall adopt rules which are subject to the provisions of chapter 
14.  The board may adopt emergency rules and permanent rules.  
    Sec. 6.  Minnesota Statutes 1992, section 116J.975, is 
amended to read: 
    116J.975 [PARTNERSHIP PROGRAM PROJECT.] 
    The commissioner may establish an international partnership 
project as part of the review procedure under section 116J.974, 
clause (7).  The commissioner may solicit applications and 
proposals from Minnesota companies and nonprofit organizations 
for projects that will achieve the goals of the international 
partnership program.  The grants may be used for planning or for 
participation in joint venture programs.  Applications or 
proposals must: 
    (1) contain a detailed description of the project or 
activities that will be used to achieve the goals of the 
partnership program; 
    (2) identify the source of the matching funds as required 
by section 116J.974; 
    (3) identify the participating country or countries and 
their financial or other contributions to the project; 
    (4) identify the expected outcomes from the project; and 
    (5) contain any other information the commissioner 
determines necessary to award grants. 
    The commissioner may establish priorities for 
applications.  The commissioner may adopt rules as necessary for 
the administration of the grants under this section.  The 
commissioner may establish an advisory committee to assist in 
carrying out the purposes of this section. 
    Sec. 7.  Minnesota Statutes 1992, section 125.188, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROGRAM APPROVAL.] (a) The board of teaching 
shall approve alternative preparation programs based on criteria 
adopted by the board, after receiving recommendations from an 
advisory task force appointed by the board. 
    (b) An alternative preparation program at a school 
district, group of schools, or an education district must be 
affiliated with a post-secondary institution that has a teacher 
preparation program. 
    Sec. 8.  Minnesota Statutes 1992, section 125.1885, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROGRAM APPROVAL.] (a) The state board of 
education shall approve alternative preparation programs based 
on criteria adopted by the board, after receiving 
recommendations from an advisory task force appointed by the 
board. 
    (b) An alternative preparation program at a school 
district, group of schools, or an education district must be 
affiliated with a post-secondary institution that has a graduate 
program in educational administration for public school 
administrators. 
    Sec. 9.  Minnesota Statutes 1992, section 129D.16, is 
amended to read: 
    129D.16 [ADVISORY TASK FORCE AUDIT PROCEDURES.] 
    The commissioner of administration may appoint an advisory 
task force consisting of representatives of public broadcasting 
facilities to make recommendations on the distribution establish 
a procedure to audit expenditure of money appropriated for 
grants to public television stations and noncommercial radio 
stations.  The commissioner may establish a procedure to audit 
the expenditure of this money. 
    Sec. 10.  Minnesota Statutes 1992, section 148.235, 
subdivision 2, is amended to read: 
     Subd. 2.  [NURSE PRACTITIONERS.] (a)  [PRESCRIBING 
AUTHORITY.] A registered nurse who (1) has graduated from a 
program of study designed to prepare registered nurses for 
advanced practice as nurse practitioners, (2) is certified 
through a national professional nursing organization which 
certifies nurse practitioners and is included in the list of 
professional nursing organizations adopted by the board under 
section 62A.15, subdivision 3a, and (3) has a written agreement 
with a physician based on standards established by the Minnesota 
nurses association and the Minnesota medical association that 
defines the delegated responsibilities related to the 
prescription of drugs and therapeutic devices, may prescribe and 
administer drugs and therapeutic devices within the scope of the 
written agreement and within practice as a nurse practitioner.  
     (b)  [RULES.] By July 1, 1991, the board shall promulgate 
rules to provide for the following:  
     (1) a system of identifying nurse practitioners eligible to 
prescribe drugs and therapeutic devices; 
     (2) a method of determining which general categories of 
prescription drugs and therapeutic devices have been delegated 
to each nurse practitioner; 
     (3) a system of transmitting to pharmacists information 
concerning nurse practitioners eligible to prescribe drugs and 
therapeutic devices and the types of drugs and therapeutic 
devices they have been delegated the authority to prescribe; and 
    (4) a fee to the nurse practitioner who seeks prescribing 
authority in an amount sufficient to cover the board's ongoing 
costs relating to monitoring and regulating the prescribing 
authority of nurse practitioners.  
    (c)  [TASK FORCE.] For purposes of adopting rules under 
this paragraph, the board shall establish and appoint an 
advisory task force composed of the following nine members:  
    (1) five nurse practitioners; 
    (2) two pharmacists; and 
    (3) two physicians.  
    Members must be appointed from lists of qualified persons 
nominated by the appropriate professional associations.  The 
task force shall recommend rules to the board on each of the 
subjects listed above.  No rule relating to the prescribing of 
drugs and therapeutic devices by nurse practitioners may be 
proposed by the board unless it was first submitted to the task 
force for review and comment.  
     Sec. 11.  Minnesota Statutes 1992, section 161.1419, 
subdivision 8, is amended to read: 
    Subd. 8.  [EXPIRATION.] The commission shall expire on the 
date provided by section 15.059, subdivision 5 June 30, 1997. 
    Sec. 12.  Minnesota Statutes 1992, section 246.017, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP, DUTIES, MEETINGS.] The commissioner 
of human services may appoint a medical policy directional task 
force on mental health including members who are experts in 
their fields of medicine, mental health, mental retardation, or 
related sciences.  Members shall also be selected from social 
service, rehabilitation, volunteer services, nursing, hospital 
administration or related fields.  Not more than one member 
shall be selected from any one field of medicine or related 
sciences which shall include the field of psychiatry, neurology, 
physiology, biochemistry, internal medicine, pediatrics, 
pharmacology, and psychology.  The task force shall expire, and 
the terms, compensation, and removal of members shall be as 
provided in section 15.059.  
    The commissioner of human services shall appoint, and 
unless otherwise established by law, set the salary of a 
licensed physician to serve as medical director to assist in 
establishing and maintaining the medical policies of the 
department of human services.  The commissioner may place the 
medical director's position in the unclassified service if the 
position meets the criteria of section 43A.08, subdivision 1a.  
    Sec. 13.  Minnesota Statutes 1992, section 246.56, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS OF COMMISSIONER.] The work activity 
programs authorized herein shall be planned and designed 
exclusively to provide therapeutic activities for handicapped 
workers whose physical or mental impairment is so severe as to 
make productive capacity inconsequential.  Notwithstanding 
section 177.24, the activities within this program shall conform 
to the rules and regulations relating to work activity centers 
promulgated by the United States Department of Labor.  To 
accomplish the foregoing purpose the commissioner of human 
services shall have the power and authority to: 
     (a) use the diversified labor fund established by Laws 
1945, chapter 575, section 19, to purchase equipment and remodel 
facilities of the state hospitals referred to in subdivision 1 
to initiate the work activity program; 
     (b) formulate a system of records and accounts which shall 
at all times indicate the extent of purchases, sales, wages, and 
bidding practices and which shall be open to public inspection; 
     (c) contract with public or private entities for the 
provision of custodial, domestic, maintenance, and other 
services carried out by patients or residents.  To the extent 
that a qualified direct care employee of a regional treatment 
center is available, staff services required by the contract 
shall be provided by that direct care employee. 
     The commissioner of human services shall, subject to the 
approval of the commissioner of education, have the power and 
authority to: 
    (a) create a work activity center revolving fund for the 
purpose of receiving and expending money in the operation of the 
said programs; 
    (b) contract with public and private industries for the 
manufacture, repair, or assembling of work according to standard 
bidding practices; 
    (c) use the revenue from the operation of said programs to 
pay wages to patients or residents according to their 
productivity, purchase equipment and supplies and pay other 
expenses necessary to the operation of the said programs; 
    (d) establish an advisory task force consisting of 
representatives from the departments of health, jobs and 
training, and human services, labor and business groups, 
interested community agencies, including but not limited to the 
Minnesota association of rehabilitation facilities, the 
Minnesota association for retarded children, and the Minnesota 
association for mental health, and the general public.  This 
task force will act in an advisory capacity with respect to the 
scope of work activity programs, the nature of the goods to be 
produced and services to be performed in such programs.  The 
task force expires as provided in section 15.059, subdivision 5; 
    (e) utilize all available vocational rehabilitation 
services and encourage the integration of the work activity 
program into existing vocational rehabilitation and 
community-based programs, so that the work activity program will 
neither duplicate nor unfairly compete with existing public or 
private community programs. 
     Sec. 14.  Minnesota Statutes 1992, section 254A.035, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP TERMS, COMPENSATION, REMOVAL AND 
EXPIRATION.] The membership of this council shall be composed of 
17 persons who are American Indians and who are appointed by the 
commissioner.  The commissioner shall appoint one representative 
from each of the following groups:  Red Lake Band of Chippewa 
Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand 
Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, 
Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa 
Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; 
Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton 
Sioux Indian Reservation; Upper Sioux Indian Reservation; 
International Falls Northern Range; Duluth Urban Indian 
Community; and two representatives from the Minneapolis Urban 
Indian Community and two from the St. Paul Urban Indian 
Community.  The terms, compensation, and removal of American 
Indian advisory council members and expiration of the council 
shall be as provided in section 15.059.  The council expires 
June 30, 1997.  
    Sec. 15.  Minnesota Statutes 1992, section 254A.04, is 
amended to read: 
    254A.04 [CITIZENS ADVISORY COUNCIL.] 
    There is hereby created an alcohol and other drug abuse 
advisory council to advise the department of human services 
concerning the problems of alcohol and other drug dependency and 
abuse, composed of ten members.  Five members shall be 
individuals whose interests or training are in the field of 
alcohol dependency and abuse; and five members whose interests 
or training are in the field of dependency and abuse of drugs 
other than alcohol.  The council shall expire and The terms, 
compensation and removal of members shall be as provided in 
section 15.059.  The council expires June 30, 1997.  The 
commissioner of human services shall appoint members whose terms 
end in even-numbered years.  The commissioner of health shall 
appoint members whose terms end in odd-numbered years. 
    Sec. 16.  Minnesota Statutes 1992, section 256B.0629, 
subdivision 4, is amended to read: 
    Subd. 4.  [RESPONSIBILITIES OF THE COMMISSIONER.] The 
commissioner shall periodically: 
    (1) Recommend to the legislature criteria governing the 
eligibility of organ and tissue transplant procedures for 
reimbursement from medical assistance and general assistance 
medical care.  Procedures approved by Medicare are automatically 
eligible for medical assistance and general assistance medical 
care reimbursement.  Additional procedures are eligible for 
reimbursement only upon approval by the legislature.  Only 
procedures recommended by the task force and the commissioner 
may be considered by the legislature.  
    (2) Recommend to the legislature criteria for certifying 
transplant centers within and outside of Minnesota where 
Minnesotans receiving medical assistance and general assistance 
medical care may obtain transplants.  Additional centers may be 
certified only upon approval of the legislature.  Only centers 
recommended by the task force and the commissioner may be 
considered by the legislature. 
    Sec. 17.  Minnesota Statutes 1992, section 256B.433, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SETTING PAYMENT; MONITORING USE OF THERAPY 
SERVICES.] The commissioner shall promulgate rules pursuant to 
the administrative procedure act to set the amount and method of 
payment for ancillary materials and services provided to 
recipients residing in nursing facilities.  Payment for 
materials and services may be made to either the nursing 
facility in the operating cost per diem, to the vendor of 
ancillary services pursuant to Minnesota Rules, parts 9505.0170 
to 9505.0475 or to a nursing facility pursuant to Minnesota 
Rules, parts 9505.0170 to 9505.0475.  Payment for the same or 
similar service to a recipient shall not be made to both the 
nursing facility and the vendor.  The commissioner shall ensure 
the avoidance of double payments through audits and adjustments 
to the nursing facility's annual cost report as required by 
section 256B.47, and that charges and arrangements for ancillary 
materials and services are cost-effective and as would be 
incurred by a prudent and cost-conscious buyer.  Therapy 
services provided to a recipient must be medically necessary and 
appropriate to the medical condition of the recipient.  If the 
vendor, nursing facility, or ordering physician cannot provide 
adequate medical necessity justification, as determined by the 
commissioner, in consultation with an advisory task force that 
meets the requirements of section 256B.064, subdivision 1a, the 
commissioner may recover or disallow the payment for the 
services and may require prior authorization for therapy 
services as a condition of payment or may impose administrative 
sanctions to limit the vendor, nursing facility, or ordering 
physician's participation in the medical assistance program.  If 
the provider number of a nursing facility is used to bill 
services provided by a vendor of therapy services that is not 
related to the nursing facility by ownership, control, 
affiliation, or employment status, no withholding of payment 
shall be imposed against the nursing facility for services not 
medically necessary except for funds due the unrelated vendor of 
therapy services as provided in subdivision 3, paragraph (c).  
For the purpose of this subdivision, no monetary recovery may be 
imposed against the nursing facility for funds paid to the 
unrelated vendor of therapy services as provided in subdivision 
3, paragraph (c), for services not medically necessary.  For 
purposes of this section and section 256B.47, therapy includes 
physical therapy, occupational therapy, speech therapy, 
audiology, and mental health services that are covered services 
according to Minnesota Rules, parts 9505.0170 to 9505.0475, and 
that could be reimbursed separately from the nursing facility 
per diem.  
    Sec. 18.  Minnesota Statutes 1992, section 299F.093, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DUTIES.] (a) The commissioner shall:  
    (1) adopt rules no later than July 1, 1987, with the advice 
of the hazardous substance notification advisory committee, 
establishing the form and content of the hazardous substance 
notification report form, as required by section 299F.094, and 
describing one or more hazard categories with specified ranges 
of quantities in each hazard category, representing increments 
of substantially increased risk; 
    (2) print and provide to individual fire departments the 
requested number of hazardous substance notification reports, 
which must be made available to a fire department no more than 
90 days following its request, for the fire department to mail 
or otherwise make available to employers in the jurisdiction; 
    (3) report to the legislature, as needed, on the 
effectiveness of sections 299F.091 to 299F.099 and recommend 
amendments to sections 299F.091 to 299F.099 that are considered 
necessary; 
    (4) appoint a hazardous substance notification advisory 
committee as required in section 299F.097; 
    (5) adopt rules to implement sections 299F.091 to 299F.099, 
compatible with the Minnesota Uniform Fire Code so as to not 
limit the authority of local fire officials under that code; and 
    (6) in consultation with the hazardous substance 
notification advisory committee, (5) adopt rules that are based 
on the most recent standard 704, adopted by the National Fire 
Protection Association, and that allow a fire department to 
require employers within its jurisdiction to post signs 
conforming to standard 704, and indicating the presence of 
hazardous substances.  If the signs are required, a fire 
department shall supply the signs or provide information to 
assist an employer to obtain them.  
    (b) The commissioner shall adopt criteria and guidelines, 
with the concurrence of the hazardous substance notification 
advisory committee, for the disbursement of funds pursuant to 
Laws 1986, First Special Session chapter 1, article 10, section 
20, subdivision 1.  These criteria and guidelines are exempt 
from the Minnesota administrative procedure act. 
     Sec. 19.  [REPORT.] 
    The appointing authority for each advisory task force, 
committee, or council created in statute or by a commissioner or 
agency head under Minnesota Statutes, section 15.014, must 
submit a one page report to the chair of the committee on 
governmental operations and gambling of the house of 
representatives, the chair of the committee on governmental 
operations and reform of the senate, and the governor by January 
15, 1994.  The report must list the following information for 
each group for the most recently completed fiscal year: 
    (1) the number of meetings; 
    (2) the estimated expenses for the group; 
    (3) the estimated number of hours that the host agency 
staff served the group; and 
    (4) a summary of the group's activities. 
If there is more than one appointing authority, the authority 
that appoints the most members must submit the report. 
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1992, sections 41.54; 41A.07; 43A.31, 
subdivision 4; 82.30, subdivision 1; 84.524, subdivisions 1 and 
2; 85A.02, subdivision 4; 86A.10, subdivision 1; 116J.645; 
116J.984, subdivision 11; 116N.05; 120.064, subdivision 6; 
121.87; 145.93, subdivision 2; 148B.20, subdivision 2; 152.02, 
subdivision 11; 184.23; 206.57, subdivision 3; 245.476, 
subdivision 4; 245.4885, subdivision 4; 256.9745; 256B.433, 
subdivision 4; 257.072, subdivision 6; 299F.092, subdivision 9; 
299F.097; and 626.5592, are repealed. 
    Sec. 21.  [EFFECTIVE DATE.] 
    Section 11 is effective the day following final enactment.  
The remainder of this act is effective July 1, 1993. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 12:22 p.m.