Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 324-H.F.No. 2310 
                  An act relating to health; transferring certain 
                  authority from the commissioner of health to the 
                  emergency medical services regulatory board; adding 
                  two members to the emergency medical services 
                  regulatory board; adding an exemption to the medical 
                  license requirement; specifying effective date of 
                  appointments and board actions; amending Minnesota 
                  Statutes 1994, section 169.686, subdivision 3; 
                  Minnesota Statutes 1995 Supplement, sections 144.8093, 
                  subdivision 4; 144E.01, subdivision 1; and 147.09. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        144.8093, subdivision 4, is amended to read: 
           Subd. 4.  [DISTRIBUTION.] Money from the fund shall be 
        distributed according to this subdivision.  Ninety-three and 
        one-third percent of the fund shall be distributed annually on a 
        contract for services basis with each of the eight regional 
        emergency medical services systems designated by the board.  The 
        systems shall be governed by a body consisting of appointed 
        representatives from each of the counties in that region and 
        shall also include representatives from emergency medical 
        services organizations.  The board shall contract with a 
        regional entity only if the contract proposal satisfactorily 
        addresses proposed emergency medical services activities in the 
        following areas:  personnel training, transportation 
        coordination, public safety agency cooperation, communications 
        systems maintenance and development, public involvement, health 
        care facilities involvement, and system management.  If each of 
        the regional emergency medical services systems submits a 
        satisfactory contract proposal, then this part of the fund shall 
        be distributed evenly among the regions.  If one or more of the 
        regions does not contract for the full amount of its even share 
        or if its proposal is unsatisfactory, then the board may 
        reallocate the unused funds to the remaining regions on a pro 
        rata basis.  Six and two-thirds percent of the fund shall be 
        used by the commissioner board to support regionwide reporting 
        systems and to provide other regional administration and 
        technical assistance. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        144E.01, subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] (a) The emergency medical 
        services regulatory board consists of the following members, all 
        of whom must work in Minnesota, except for the person listed in 
        clause (14):  
           (1) an emergency physician certified by the American board 
        of emergency physicians; 
           (2) a representative of Minnesota hospitals; 
           (3) a representative of fire chiefs; 
           (4) a full-time firefighter who serves as a first responder 
        and who is a member of a professional firefighter's union; 
           (5) a volunteer firefighter who serves as a first 
        responder; 
           (6) an attendant currently practicing on a licensed 
        ambulance service who is a paramedic or an emergency medical 
        technician; 
           (7) an ambulance director for a licensed ambulance service; 
           (8) a representative of sheriffs; 
           (9) a member of a local board of health to represent 
        community health services; 
           (10) two representatives of regional emergency medical 
        services programs, one of whom must be from the metropolitan 
        regional emergency medical services program; 
           (11) a registered nurse currently practicing in a hospital 
        emergency department; 
           (12) a pediatrician, certified by the American board of 
        pediatrics, with experience in emergency medical services; 
           (13) a family practice physician who is currently involved 
        in emergency medical services; and 
           (14) a public member who resides in Minnesota and is at 
        least 65 years of age; and 
           (15) the commissioners of health and public safety or their 
        designees. 
           (b) The governor shall appoint members under paragraph (a). 
        Appointments under clauses (1) to (9) and (11) to (13) are 
        subject to the advice and consent of the senate.  In making 
        appointments under clauses (1) to (9) and (11) to (13), the 
        governor shall consider recommendations of the American college 
        of emergency physicians, the Minnesota hospital association, the 
        Minnesota and state fire chief's association, the Minnesota 
        ambulance association, the Minnesota emergency medical services 
        association, the Minnesota state sheriff's association, the 
        association of Minnesota counties, the Minnesota nurses 
        association, and the Minnesota chapter of the academy of 
        pediatrics. 
           (c) No member appointed under paragraph (a) may serve 
        consecutive terms. 
           (d) At least seven members appointed under paragraph (a) 
        must reside outside of the seven-county metropolitan area, as 
        defined in section 473.121. 
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        147.09, is amended to read: 
           147.09 [EXEMPTIONS.] 
           Section 147.081 does not apply to, control, prevent or 
        restrict the practice, service, or activities of:  
           (1) A person who is a commissioned medical officer of, a 
        member of, or employed by, the armed forces of the United 
        States, the United States Public Health Service, the Veterans 
        Administration, any federal institution or any federal agency 
        while engaged in the performance of official duties within this 
        state, if the person is licensed elsewhere.  
           (2) A licensed physician from a state or country who is in 
        actual consultation here.  
           (3) A licensed or registered physician who treats the 
        physician's home state patients or other participating patients 
        while the physicians and those patients are participating 
        together in outdoor recreation in this state as defined by 
        section 86A.03, subdivision 3.  A physician shall first register 
        with the board on a form developed by the board for that 
        purpose.  The board shall not be required to promulgate the 
        contents of that form by rule.  No fee shall be charged for this 
        registration.  
           (4) A student practicing under the direct supervision of a 
        preceptor while the student is enrolled in and regularly 
        attending a recognized medical school.  
           (5) A student who is in continuing training and performing 
        the duties of an intern or resident or engaged in postgraduate 
        work considered by the board to be the equivalent of an 
        internship or residency in any hospital or institution approved 
        for training by the board, provided the student has a residency 
        permit issued by the board under section 147.0391. 
           (6) A person employed in a scientific, sanitary, or 
        teaching capacity by the state university, the department of 
        children, families, and learning, or by any public or private 
        school, college, or other bona fide educational institution, or 
        the state department of health, whose duties are entirely of a 
        public health or educational character, while engaged in such 
        duties. 
           (7) Physician's assistants registered in this state.  
           (8) A doctor of osteopathy duly licensed by the state board 
        of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
        148.16, prior to May 1, 1963, who has not been granted a license 
        to practice medicine in accordance with this chapter provided 
        that the doctor confines activities within the scope of the 
        license. 
           (9) Any person licensed by a health related licensing 
        board, as defined in section 214.01, subdivision 2, or 
        registered by the commissioner of health pursuant to section 
        214.13, including psychological practitioners with respect to 
        the use of hypnosis; provided that the person confines 
        activities within the scope of the license.  
           (10) A person who practices ritual circumcision pursuant to 
        the requirements or tenets of any established religion. 
           (11) A Christian Scientist or other person who endeavors to 
        prevent or cure disease or suffering exclusively by mental or 
        spiritual means or by prayer. 
           (12) A physician licensed to practice medicine in another 
        state who is in this state for the sole purpose of providing 
        medical services at a competitive athletic event.  The physician 
        may practice medicine only on participants in the athletic 
        event.  A physician shall first register with the board on a 
        form developed by the board for that purpose.  The board shall 
        not be required to adopt the contents of the form by rule.  The 
        physician shall provide evidence satisfactory to the board of a 
        current unrestricted license in another state.  The board shall 
        charge a fee of $50 for the registration.  
           (13) A psychologist licensed under section 148.91 or a 
        social worker licensed under section 148B.21 who uses or 
        supervises the use of a penile or vaginal plethysmograph in 
        assessing and treating individuals suspected of engaging in 
        aberrant sexual behavior and sex offenders. 
           (14) Any person issued a training course certificate or 
        credentialed by the emergency medical services regulatory board 
        established in chapter 144E, provided the person confines 
        activities within the scope of training at the certified or 
        credentialed level. 
           Sec. 4.  Minnesota Statutes 1994, section 169.686, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPROPRIATION; SPECIAL ACCOUNT.] The fines 
        collected for a violation of subdivision 1 must be deposited in 
        the state treasury and credited to a special account to be known 
        as the emergency medical services relief account.  Ninety 
        percent of the money in the account shall be distributed to the 
        eight regional emergency medical services systems designated by 
        the commissioner emergency medical services regulatory board 
        under section 144.8093, for personnel education and training, 
        equipment and vehicle purchases, and operational expenses of 
        emergency life support transportation services.  The board of 
        directors of each emergency medical services region shall 
        establish criteria for funding.  Ten percent of the money in the 
        account shall be distributed to the commissioner of public 
        safety for the expenses of traffic safety educational programs 
        conducted by state patrol troopers. 
           Sec. 5.  [APPOINTMENTS; BOARD ACTION.] 
           The governor shall appoint the members of the emergency 
        medical services regulatory board under Minnesota Statutes, 
        section 144E.01, no later than April 1, 1996.  The board may 
        begin meeting, may appoint an executive director, and may take 
        other action necessary to prepare for the transition of 
        emergency medical services-related authority. 
           Sec. 6.  [REVISOR INSTRUCTION.] 
           The revisor of statutes shall change the terms 
        "commissioner of health," "commissioner," or similar terms to 
        "emergency medical services regulatory board" or similar terms 
        in Minnesota Rules to reflect the intent of the legislature to 
        transfer certain functions from the commissioner of health to 
        the emergency medical services regulatory board in the manner 
        provided in Laws 1995, chapter 207, article 9. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1, 4, and 6 are effective July 1, 1996.  Sections 
        2, 3, and 5 are effective the day following final enactment. 
           Presented to the governor March 14, 1996 
           Signed by the governor March 15, 1996, 11:18 a.m.