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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 199-H.F.No. 257 
                  An act relating to health; establishing licensing 
                  requirements for the provision of ambulance service; 
                  relocating provisions related to emergency medical 
                  services; appropriating money; providing penalties; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 144E; repealing Minnesota Statutes 1996, 
                  sections 144.801; 144.802; 144.803; 144.804; and 
                  144.806. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                  EMERGENCY MEDICAL SERVICES REGULATORY BOARD 
           Section 1.  [144E.001] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purposes of sections 
        144E.001 to 144E.52, the terms defined in this section have the 
        meanings given them.  
           Subd. 2.  [AMBULANCE.] "Ambulance" means any vehicle 
        designed or intended for and actually used in providing 
        ambulance service to ill or injured persons or expectant mothers.
           Subd. 3.  [AMBULANCE SERVICE.] "Ambulance service" means 
        transportation and treatment which is rendered or offered to be 
        rendered preliminary to or during transportation to, from, or 
        between health care facilities for ill or injured persons or 
        expectant mothers.  The term includes all transportation 
        involving the use of a stretcher, unless the person to be 
        transported is not likely to require medical treatment during 
        the course of transport. 
           Subd. 4.  [BASE OF OPERATIONS.] "Base of operations"  means 
        the address at which the physical plant housing ambulances, 
        related equipment, and personnel is located.  
           Subd. 5.  [BOARD.] "Board" means the emergency medical 
        services regulatory board.  
           Subd. 6.  [FIRST RESPONDER.] "First responder" means an 
        individual who is registered by the board to perform, at a 
        minimum, basic emergency skills before the arrival of a licensed 
        ambulance service, and is a member of an organized service 
        recognized by a local political subdivision whose primary 
        responsibility is to respond to medical emergencies to provide 
        initial medical care before the arrival of a licensed ambulance 
        service. 
           Subd. 7.  [LICENSE.] "License" means authority granted by 
        the board for the operation of an ambulance service in the state 
        of Minnesota.  
           Subd. 8.  [LICENSEE.] "Licensee" means a natural person, 
        partnership, association, corporation, or unit of government 
        which possesses an ambulance service license.  
           Subd. 9.  [MUNICIPALITY.] "Municipality" means any city of 
        any class, however organized, and any town.  
           Subd. 10.  [PRIMARY SERVICE AREA.] "Primary service area" 
        means the geographic area that can reasonably be served by an 
        ambulance service.  
           Sec. 2.  [144E.05] [GENERAL AUTHORITY.] 
           Subdivision 1.  [GRANTS OR GIFTS.] The board may accept 
        grants or gifts of money, property, or services from a person, a 
        public or private entity, or any other source for an emergency 
        medical health purpose within the scope of its statutory 
        authority. 
           Subd. 2.  [CONTRACTS.] The board may enter into contractual 
        agreements with a person or public or private entity for the 
        provision of statutorily prescribed emergency medical 
        services-related activities by the board.  The contract shall 
        specify the services to be provided and the amount and method of 
        reimbursement for the contracted services.  Funds generated in a 
        contractual agreement made pursuant to this section are 
        appropriated to the board for purposes of providing the services 
        specified in the contracts. 
                      LIFE SUPPORT TRANSPORTATION SERVICES 
           Sec. 3.  [144E.06] [PRIMARY SERVICE AREAS.] 
           The board shall adopt rules defining primary service areas 
        under which the board shall designate each licensed ambulance 
        service as serving a primary service area or areas. 
           Sec. 4.  [144E.07] [SUMMARY APPROVAL.] 
           Subdivision 1.  [ELIMINATING OVERLAP; EXPANSION.] An 
        ambulance service may request a change in its primary service 
        area, as established under section 144E.06, to eliminate any 
        overlap in primary service areas or to expand its primary 
        service area to provide service to a contiguous, but 
        undesignated, primary service area.  An ambulance service 
        requesting a change in its primary service area must submit a 
        written application to the board on a form provided by the board 
        and must comply with the requirements of this section. 
           Subd. 2.  [RETRACTION.] An applicant requesting to retract 
        service from a geographic area within its designated primary 
        service area must provide documentation showing that another 
        licensed ambulance service is providing or will provide 
        ambulance coverage within the proposed area of withdrawal. 
           Subd. 3.  [OVERLAPPING EXPANSION.] An applicant requesting 
        to provide service in a geographic area that is within the 
        primary service area of another licensed ambulance service or 
        services must submit documentation from the service or services 
        whose primary service areas overlap the proposed expansion area, 
        approving the expansion and agreeing to withdraw any service 
        coverage from the proposed expanded area.  The application may 
        include documentation from the public safety answering point 
        coordinator or coordinators endorsing the proposed change. 
           Subd. 4.  [NO PRIMARY SERVICE.] An applicant requesting to 
        provide service in a geographic area where no primary ambulance 
        service has been designated must submit documentation of 
        approval from the ambulance service or services which are 
        contiguous to the proposed expansion area.  The application may 
        include documentation from the public safety answering point 
        coordinator or coordinators endorsing the proposed change.  If a 
        licensed ambulance service provides evidence of historically 
        providing 911 ambulance coverage to the undesignated area, it is 
        not necessary to provide documentation from the contiguous 
        ambulance service or services approving the change.  At a 
        minimum, a 12-month history of primary ambulance coverage must 
        be included with the application. 
           Subd. 5.  [REPORTING.] The board shall report any approved 
        change to the local public safety answering point coordinator. 
           Sec. 5.  [144E.10] [AMBULANCE SERVICE LICENSING.] 
           Subdivision 1.  [LICENSE REQUIRED.] No natural person, 
        partnership, association, corporation, or unit of government may 
        operate an ambulance service within this state unless it 
        possesses a valid license to do so issued by the board.  The 
        license shall specify the base of operations, the primary 
        service area, and the type or types of ambulance service for 
        which the licensee is licensed.  The licensee shall obtain a new 
        license if it wishes to expand its primary service area, or to 
        provide a new type or types of service.  The cost of licenses 
        shall be in an amount prescribed by the board pursuant to 
        section 144E.05.  Licenses shall expire and be renewed in 
        accordance with rules adopted by the board. 
           Subd. 2.  [REQUIREMENTS FOR NEW LICENSES.] The board shall 
        not issue a license authorizing the operation of a new ambulance 
        service, provision of a new type or types of ambulance service 
        by an existing service, or an expanded primary service area for 
        an existing service unless the requirements of this section and 
        sections 144E.16 and 144E.18 are met.  
           Sec. 6.  [144E.11] [AMBULANCE SERVICE APPLICATION 
        PROCEDURE.] 
           Subdivision 1.  [WRITTEN APPLICATION.] Each prospective 
        licensee and each present licensee wishing to offer a new type 
        or types of ambulance service or to expand a primary service 
        area shall make written application for a license to the board 
        on a form provided by the board.  
           Subd. 2.  [APPLICATION NOTICE.] The board shall promptly 
        send notice of the completed application to each county board, 
        community health board, governing body of a regional emergency 
        medical services system designated under section 144E.50, 
        ambulance service, and municipality in the area in which 
        ambulance service would be provided by the applicant.  The board 
        shall publish the notice, at the applicant's expense, in the 
        State Register and in a newspaper in the municipality in which 
        the base of operation is or will be located, or if no newspaper 
        is published in the municipality or if the service is or would 
        be provided in more than one municipality, in a newspaper 
        published at the county seat of the county or counties in which 
        the service would be provided.  
           Subd. 3.  [COMMENTS.] Each municipality, county, community 
        health board, governing body of a regional emergency medical 
        services system, ambulance service, and other person wishing to 
        make recommendations concerning the disposition of the 
        application shall make written recommendations or comments 
        opposing the application to the board within 30 days of the 
        publication of notice of the application in the State Register. 
           Subd. 4.  [CONTESTED CASE EXEMPTION; PROCEDURE.] (a) If no 
        more than five written comments opposing the application have 
        been received by the board under subdivision 3, and the board 
        has determined, after considering the factors listed under 
        subdivision 6, that the proposed service or expansion of primary 
        service area is needed, the applicant shall be exempt from the 
        contested case hearing process under subdivision 5.  
           (b) An applicant exempted from a contested case hearing 
        under this subdivision shall furnish additional information, as 
        requested by the board, to support its application.  The board 
        shall approve the application and grant a license to the 
        applicant within 30 days after final submission of requested 
        information to the board, and upon a determination by the board 
        that the applicant is in compliance with the rules adopted by 
        the board and with the inspection requirements of section 
        144E.18. 
           (c) If an applicant does not comply with the inspection 
        requirements under section 144E.18 within one year of the 
        board's approval of its application, the license shall be 
        denied.  The one-year time limit applies to any licensing 
        decision made by the board or to any prior licensing decision 
        made by the commissioner of health or an administrative law 
        judge.  
           (d) If, after considering the factors under subdivision 6, 
        the board determines that the proposed service or expansion of 
        primary service area is not needed, the case shall be treated as 
        a contested case under subdivision 5, paragraphs (c) to (g). 
           Subd. 5.  [CONTESTED CASE; PROCEDURE.] (a) If more than 
        five written comments opposing the application are received by 
        the board as specified under subdivision 3, the board shall give 
        the applicant the option of immediately proceeding to a 
        contested case hearing or trying to resolve the objections 
        within 30 days.  
           (b) If, after considering the factors under subdivision 6, 
        the board determines that the proposed service or expansion of 
        primary service area is not needed, the board shall give the 
        applicant the option of immediately proceeding to a contested 
        case hearing or using up to 30 days to satisfy the board that 
        the proposed service or expansion of primary service area is 
        needed.  
           (c) The board shall request that the chief administrative 
        law judge appoint an administrative law judge to hold a public 
        hearing in the municipality in which the applicant's base of 
        operation is or will be located: 
           (1) if more than five opposing comments remain after 30 
        days; 
           (2) if, after considering the factors under subdivision 6, 
        the board determines that the proposed service or expansion of 
        primary service area is not needed after 30 days; or 
           (3) at the applicant's initial request. 
           (d) If the applicant's base of operation is located outside 
        of Minnesota, the hearing shall be held at a location within the 
        area in which service would be provided in Minnesota.  The 
        public hearing shall be conducted as a contested case hearing 
        under chapter 14.  The board shall pay the expenses for the 
        hearing location and the administrative law judge. 
           (e) The board shall provide notice of the public hearing, 
        at the applicant's expense, in the State Register and in the 
        newspaper or newspapers in which the notice was published under 
        subdivision 2 for two successive weeks at least ten days before 
        the date of the hearing. 
           (f) The administrative law judge shall:  
           (1) hold a public hearing as specified in paragraphs (c) 
        and (d); 
           (2) allow any interested person the opportunity to be 
        heard, to be represented by counsel, and to present oral and 
        written evidence at the public hearing; and 
           (3) provide a transcript of the hearing at the expense of 
        any individual requesting it. 
           (g) The administrative law judge shall review and comment 
        upon the application and make written recommendations as to its 
        disposition to the board within 90 days of publication of notice 
        of the hearing in the State Register.  In making the 
        recommendations, the administrative law judge shall consider and 
        make written comments as to whether the proposed service or 
        expansion in primary service area is needed, based on 
        consideration of the factors specified in subdivision 6.  
           Subd. 6.  [REVIEW CRITERIA.] When reviewing an application 
        for licensure, the board and administrative law judge shall 
        consider the following factors: 
           (1) the relationship of the proposed service or expansion 
        in primary service area to the current community health plan as 
        approved by the commissioner of health under section 145A.12, 
        subdivision 4; 
           (2) the recommendations or comments of the governing bodies 
        of the counties, municipalities, and regional emergency medical 
        services system designated under section 144E.50 in which the 
        service would be provided; 
           (3) the deleterious effects on the public health from 
        duplication, if any, of ambulance services that would result 
        from granting the license; 
           (4) the estimated effect of the proposed service or 
        expansion in primary service area on the public health; and 
           (5) whether any benefit accruing to the public health would 
        outweigh the costs associated with the proposed service or 
        expansion in primary service area.  The administrative law judge 
        shall recommend that the board either grant or deny a license or 
        recommend that a modified license be granted.  The reasons for 
        the recommendation shall be set forth in detail.  The 
        administrative law judge shall make the recommendations and 
        reasons available to any individual requesting them.  
           Subd. 7.  [LICENSING DECISION.] After receiving the 
        administrative law judge's report, the board shall approve or 
        deny the application and grant the license within 60 days if the 
        application is approved, and upon determination by the board, 
        that the applicant is in compliance with the rules adopted by 
        the board and with the inspection requirements of section 
        144E.18.  In approving or denying an application, the board 
        shall consider the administrative law judge's report, the 
        evidence contained in the application, and any hearing record 
        and other applicable evidence.  The board's decision shall be 
        based on a consideration of the factors contained in subdivision 
        6.  If the board determines to grant the applicant a license, 
        the applicant must comply with the inspection requirements under 
        144E.18 within one year of the board's approval of the 
        application or the license will be denied.  This one-year time 
        limit applies to any licensing decision by the board or to any 
        prior licensing decision made by the commissioner of health or 
        an administrative law judge.  
           Subd. 8.  [FINAL DECISION.] The board's decision made under 
        subdivision 7 shall be the final administrative decision.  Any 
        person aggrieved by the board's decision or action shall be 
        entitled to judicial review in the manner provided in sections 
        14.63 to 14.69. 
           Sec. 7.  [144E.12] [LICENSURE OF AIR AMBULANCE SERVICES.] 
           Except for submission of a written application to the board 
        on a form provided by the board, an application to provide air 
        ambulance service shall be exempt from the provisions of section 
        144E.11.  A license issued pursuant to this section need not 
        designate a primary service area.  No license shall be issued 
        under this section unless the board determines that the 
        applicant complies with sections 144E.10, 144E.11, subdivision 
        1, 144E.16, and 144E.18 and the requirements of applicable 
        federal and state statutes and rules governing aviation 
        operations within the state. 
           Sec. 8.  [144E.13] [TEMPORARY LICENSE.] 
           The board may issue a temporary license when a primary 
        service area would be deprived of ambulance service.  The 
        temporary license shall expire when an applicant has been issued 
        a regular license under this section.  The temporary license 
        shall be valid no more than six months from date of issuance.  A 
        temporary licensee must provide evidence that the licensee will 
        meet the requirements of section 144E.16 and the rules adopted 
        under this chapter.  
           Sec. 9.  [144E.14] [TRANSFER OF LICENSE OR OWNERSHIP.] 
           A license, or the ownership of a licensed ambulance 
        service, may be transferred only upon approval of the board, 
        based upon a finding that the proposed licensee or proposed new 
        owner of a licensed ambulance service meets or will meet the 
        requirements of section 144E.16.  If the proposed transfer would 
        result in an addition of a new base of operations, expansion of 
        the service's primary service area, or provision of a new type 
        or types of ambulance service, the board shall require the 
        prospective licensee or owner to comply with section 144E.11.  
        The board may approve the license or ownership transfer prior to 
        completion of the application process described in section 
        144E.11 upon obtaining written assurances from the proposed 
        licensee or proposed new owner that no expansion of the 
        service's primary service area or provision of a new type or 
        types of ambulance service will occur during the processing of 
        the application.  If requesting a transfer of its base of 
        operations, an applicant must comply with the requirements of 
        section 144E.15.  
           Sec. 10.  [144E.15] [RELOCATION OF BASE OF OPERATIONS.] 
           To relocate the base of operations to another municipality 
        or township within its primary service area, a licensee must 
        provide written notification to the board prior to relocating.  
        The board shall review the proposal to determine if relocation 
        would adversely affect service coverage within the primary 
        service area.  The applicant must furnish any additional 
        information requested by the board to support its proposed 
        transfer.  If the board does not approve the relocation 
        proposal, the licensee must comply with the application 
        requirements for a new license under section 144E.11. 
           Sec. 11.  [144E.16] [AMBULANCE SERVICE REQUIREMENTS.] 
           Subdivision 1.  [DRIVERS AND ATTENDANTS.] No publicly or 
        privately owned basic ambulance service shall be operated in the 
        state unless its drivers and attendants possess a current 
        emergency care course certificate authorized by rules adopted by 
        the board according to chapter 14.  Until August 1, 1997, a 
        licensee may substitute a person currently certified by the 
        American Red Cross in advanced first aid and emergency care or a 
        person who has successfully completed the United States 
        Department of Transportation first responder curriculum, and who 
        has also been trained to use basic life support equipment as 
        required by rules adopted by the board under subdivision 4 for 
        one of the persons on a basic ambulance, provided that person 
        will function as the driver while transporting a patient.  The 
        board may grant a variance to allow a licensed ambulance service 
        to use attendants certified by the American Red Cross in 
        advanced first aid and emergency care and, until August 1, 1997, 
        to use attendants who have successfully completed the United 
        States Department of Transportation first responder curriculum, 
        and who have been trained to use basic life support equipment as 
        required by rules adopted by the board under subdivision 4, in 
        order to ensure 24-hour emergency ambulance coverage. 
           Subd. 2.  [EQUIPMENT AND STAFF.] (a) Every ambulance 
        offering ambulance service shall be equipped as required by the 
        board and carry at least the minimal equipment necessary for the 
        type of service to be provided as determined by standards 
        adopted by the board pursuant to subdivision 3. 
           (b) Each ambulance service shall offer service 24 hours per 
        day every day of the year, unless otherwise authorized by the 
        board.  
           (c) Each ambulance while transporting a patient shall be 
        staffed by at least a driver and an attendant, according to 
        subdivision 1.  An ambulance service may substitute for the 
        attendant a physician, osteopath, registered nurse, or 
        physician's assistant who is qualified by training to use 
        appropriate equipment in the ambulance.  Advanced life support 
        procedures including, but not limited to, intravenous fluid 
        administration, drug administration, endotracheal intubation, 
        cardioversion, defibrillation, and intravenous access may be 
        performed by the physician, osteopath, registered nurse, or 
        physician's assistant who has appropriate training and 
        authorization, and who provides all of the equipment and 
        supplies not normally carried on basic ambulances. 
           Subd. 3.  [DENIAL OF SERVICE PROHIBITED.] An ambulance 
        service shall not deny emergency ambulance service to any person 
        needing emergency ambulance service because of inability to pay 
        or due to source of payment for services if the need develops 
        within the licensee's primary service area.  Transport for the 
        patient may be limited to the closest appropriate emergency 
        medical facility.  
           Subd. 4.  [TYPES OF SERVICES TO BE REGULATED.] (a) The 
        board may adopt rules needed to regulate ambulance services in 
        the following areas: 
           (1) applications for licensure; 
           (2) personnel qualifications and staffing standards; 
           (3) quality of life support treatment; 
           (4) restricted treatments and procedures; 
           (5) equipment standards; 
           (6) ambulance standards; 
           (7) communication standards, equipment performance and 
        maintenance, and radio frequency assignments; 
           (8) advertising; 
           (9) scheduled ambulance services; 
           (10) ambulance services in time of disaster; 
           (11) basic, intermediate, advanced, and refresher emergency 
        care course programs; 
           (12) continuing education requirements; 
           (13) trip reports; 
           (14) license fees, vehicle fees, and expiration dates; and 
           (15) waivers and variances. 
           (b) These rules shall apply to the following types of 
        ambulance service: 
           (1) basic ambulance service that provides a level of care 
        to ensure that life-threatening situations and potentially 
        serious injuries can be recognized, patients will be protected 
        from additional hazards, basic treatment to reduce the 
        seriousness of emergency situations will be administered, and 
        patients will be transported to an appropriate medical facility 
        for treatment; 
           (2) intermediate ambulance service that provides (i) basic 
        ambulance service, and (ii) intravenous infusions or 
        defibrillation or both; 
           (3) advanced ambulance service that provides (i) basic 
        ambulance service, and (ii) advanced airway management, 
        defibrillation, and administration of intravenous fluids and 
        pharmaceuticals.  Vehicles of advanced ambulance service 
        licensees not equipped or staffed at the advanced ambulance 
        service level shall not be identified to the public as capable 
        of providing advanced ambulance service; 
           (4) specialized ambulance service that provides basic, 
        intermediate, or advanced service as designated by the board, 
        and is restricted by the board to (i) less than 24 hours of 
        every day, (ii) designated segments of the population, or (iii) 
        certain types of medical conditions; and 
           (5) air ambulance service, that includes fixed-wing and 
        helicopter, and is specialized ambulance service. 
           Until rules are promulgated, the current provisions of 
        Minnesota Rules shall govern these services. 
           Subd. 5.  [LOCAL GOVERNMENT'S POWERS.] (a) Local units of 
        government may, with the approval of the board, establish 
        standards for ambulance services which impose additional 
        requirements upon such services.  Local units of government 
        intending to impose additional requirements shall consider 
        whether any benefit accruing to the public health would outweigh 
        the costs associated with the additional requirements. 
           (b) Local units of government that desire to impose 
        additional requirements shall, prior to adoption of relevant 
        ordinances, rules, or regulations, furnish the board with a copy 
        of the proposed ordinances, rules, or regulations, along with 
        information that affirmatively substantiates that the proposed 
        ordinances, rules, or regulations:  (1) will in no way conflict 
        with the relevant rules of the board; (2) will establish 
        additional requirements tending to protect the public health; 
        (3) will not diminish public access to ambulance services of 
        acceptable quality; and (4) will not interfere with the orderly 
        development of regional systems of emergency medical care. 
           (c) The board shall base any decision to approve or 
        disapprove local standards upon whether or not the local unit of 
        government in question has affirmatively substantiated that the 
        proposed ordinances, rules, or regulations meet the criteria 
        specified in paragraph (b). 
           Subd. 6.  [DRIVERS.] An ambulance service vehicle shall be 
        staffed by a driver possessing a current Minnesota driver's 
        license or equivalent and whose driving privileges are not under 
        suspension or revocation by any state.  If red lights and siren 
        are used, the driver must also have completed training approved 
        by the board in emergency driving techniques.  An ambulance 
        transporting patients must be staffed by at least two persons 
        who are trained according to subdivision 1 or section 144E.25, 
        one of whom may be the driver.  A third person serving as driver 
        shall be trained according to this subdivision. 
           Sec. 12.  [144E.30] [PENALTIES; DISCIPLINARY ACTION.] 
           Subdivision 1.  [SUSPENSION; REVOCATION; NONRENEWAL.] The 
        board may initiate a contested case hearing upon reasonable 
        notice to suspend, revoke, refuse to renew, or place conditions 
        on the license of a licensee upon finding that the licensee has 
        violated a provision of this chapter or rules adopted under this 
        chapter, or has ceased to provide the service for which the 
        licensee is licensed.  The board may initiate a contested case 
        hearing upon reasonable notice to suspend, revoke, refuse to 
        renew, or place conditions on the credential of a person 
        credentialed by the board upon finding that the person 
        credentialed by the board has violated sections 144E.06 to 
        144E.30 or rules adopted thereunder.  The board may also 
        initiate a contested case hearing upon reasonable notice to 
        suspend, revoke, refuse to renew, or place conditions on a 
        training program approved by the board upon finding that the 
        training program has violated sections 144E.06 to 144E.30, or 
        rules adopted thereunder.  
           Subd. 2.  [TEMPORARY SUSPENSION.] (a) In addition to any 
        other remedy provided by law, the board may temporarily suspend 
        the license of a licensee, credential of a person, or approval 
        of a training program after conducting a preliminary inquiry to 
        determine if the board believes that the licensee, person, or 
        training program has violated a statute or rule that the board 
        is empowered to enforce and that the continued provision of 
        service by the licensee, person, or training program would 
        create an imminent risk to public health or harm to others. 
           (b) The order prohibiting the licensee, person credentialed 
        by the board, or training program approved by the board from 
        providing ambulance service, medical care, or training shall 
        give notice of the right to a hearing pursuant to this 
        subdivision and shall state the reasons for the entry of the 
        order. 
           (c) Service of the order is effective when the order is 
        served on the licensee, person credentialed by the board, or 
        representative of the training program personally or by 
        certified mail, which is complete upon receipt, refusal, or 
        return for nondelivery to the most recent address provided to 
        the board for the licensee, person, or training program. 
           (d) At the time the board issues a temporary suspension 
        order, the board shall schedule a hearing to be held before a 
        group of its members designated by the board which shall begin 
        no later than 60 days after issuance of the temporary suspension 
        order or within 15 working days of the date of the board's 
        receipt of a request for hearing by a licensee, person 
        credentialed by the board, or training program approved by the 
        board on the sole issue of whether there is a reasonable basis 
        to continue, modify, or lift the temporary suspension.  This 
        hearing is not subject to chapter 14.  Evidence presented by the 
        board, licensee, person credentialed by the board, or training 
        program approved by the board must be in the form of an 
        affidavit.  The licensee, the person credentialed by the board, 
        a representative of the training program, or a counsel of record 
        may appear for oral argument. 
           (e) Within five working days of the hearing, the board 
        shall issue its order and, if the suspension is continued, 
        schedule a contested case hearing within 30 days of the issuance 
        of the order.  The administrative law judge shall issue a report 
        and recommendation within 30 days after the closing of the 
        contested case hearing record.  The board shall issue a final 
        order within 30 days after receipt of the administrative law 
        judge's report. 
           Subd. 3.  [COOPERATION DURING INVESTIGATION.] A licensee, 
        person credentialed by the board, training program approved by 
        the board, or agent of one who is the subject of an 
        investigation or who is questioned in connection with an 
        investigation by or on behalf of the board shall cooperate fully 
        with the investigation.  Cooperation includes responding fully 
        and promptly to any question raised by or on behalf of the board 
        relating to the subject of the investigation, executing all 
        releases requested by the board, providing copies of ambulance 
        service records, as reasonably requested by the board to assist 
        it in its investigation, and appearing at conferences or 
        hearings scheduled by the board.  The board shall pay reasonable 
        costs for copies requested. 
           Subd. 4.  [INJUNCTIVE RELIEF.] In addition to any other 
        remedy provided by law, the board may bring an action for 
        injunctive relief in the district court in Hennepin county or, 
        at the board's discretion, in the district court in the county 
        in which a violation of any statute, rule, or order that the 
        board is empowered to enforce or issue, has occurred, to enjoin 
        the violation. 
           Subd. 5.  [SUBPOENA POWER.] The board may, as part of an 
        investigation to determine whether a serious public health 
        threat exists, issue subpoenas to require the attendance and 
        testimony of witnesses and production of books, records, 
        correspondence, and other information relevant to any matter 
        involved in the investigation.  The board or the board's 
        designee may administer oaths to witnesses or take their 
        affirmation.  The subpoenas may be served upon any person named 
        therein anywhere in the state by any person authorized to serve 
        subpoenas or other processes in civil actions of the district 
        courts.  If a person to whom a subpoena is issued does not 
        comply with the subpoena, the board may apply to the district 
        court in any district and the court shall order the person to 
        comply with the subpoena.  Failure to obey the order of the 
        court may be punished by the court as contempt of court.  No 
        person may be compelled to disclose privileged information as 
        described in section 595.02, subdivision 1.  All information 
        pertaining to individual medical records obtained under this 
        section shall be considered health data under section 13.38.  
        All other information is considered public data unless otherwise 
        protected under the Minnesota data practices act or other 
        specific law.  The fees for the service of a subpoena must be 
        paid in the same manner as prescribed by law for service of 
        process used out of a district court.  Subpoenaed witnesses must 
        receive the same fees and mileage as in civil actions. 
           Subd. 6.  [PENALTIES.] Any person who violates a provision 
        of sections 144E.06 to 144E.30 is guilty of a misdemeanor.  The 
        board may issue fines to ensure compliance with sections 144E.06 
        to 144E.30 and rules adopted thereunder.  The board shall adopt 
        rules to implement a schedule of fines. 
           Sec. 13.  [144E.27] [FIRST RESPONDER REGISTRATION.] 
           Subdivision 1.  [TRAINING PROGRAMS.] Curriculum for initial 
        and refresher training programs must meet the current standards 
        of the United States Department of Transportation first 
        responder curriculum or its equivalent as determined by the 
        board.  
           Subd. 2.  [REGISTRATION.] The board shall register the 
        following persons as first responders: 
           (1) a person who successfully completes a board-approved 
        initial or refresher first responder training program.  
        Registration under this clause is valid for two years and 
        expires at the end of the month in which the registration was 
        issued; or 
           (2) a person who is credentialed as a first responder by 
        the National Registry of Emergency Medical Technicians.  
        Registration under this clause expires the same day as the 
        National Registry credential.  
           Subd. 3.  [RENEWAL.] (a) The board may renew the 
        registration of a first responder who: 
           (1) successfully completes a board-approved refresher 
        course; and 
           (2) submits a completed renewal application to the board 
        before the registration expiration date.  
           (b) The board may renew the lapsed registration of a first 
        responder who: 
           (1) successfully completes a board-approved refresher 
        course; and 
           (2) submits a completed renewal application to the board 
        within 12 months after the registration expiration date.  
           Subd. 4.  [EXPIRATION.] A first responder registration 
        issued by the board or the commissioner of health before August 
        1, 1997, expires in 1999 at the end of the month in which it was 
        issued. 
           Sec. 14.  [INSTRUCTION TO REVISOR.] 
           (a) The revisor of statutes shall renumber each section of 
        Minnesota Statutes specified in column A with the number set 
        forth in column B.  The revisor shall also make necessary 
        cross-reference changes consistent with the renumbering. 
                  Column A            Column B
                  144.807             144E.17
                  144.808             144E.18
                  144.809             144E.25
                  144.8091            144E.35
                  144.8093            144E.50
                  144.8095            144E.52
                  144C.01             144E.40
                  144C.02             144E.41
                  144C.03             144E.42
                  144C.05             144E.43
                  144C.06             144E.44
                  144C.07             144E.45
                  144C.08             144E.46
                  144C.09             144E.47
                  144C.10             144E.48
           (b) 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. 
              Column A           Column B              Column C
           62J.25              144.801, subd. 4     144E.001, subd. 3 
           62J.48              144.802              144E.10
           116.76, subd. 9     144.802              144E.10 
           144.761, subd. 4    144.801 to 144.8091  144E.001 to 144E.35
           144.761, subd. 5    144.801 to 144.8091  144E.001 to 144E.35
           144.807, subd. 1    144.801 to 144.806   144E.001 to 144E.16
           144.808             144.801 to 144.804   144E.001 to 144E.16
           144.809             144.804, subd. 7     144E.16, subd. 6
           144.8091            144.804              144E.16
           144C.02             144.804              144E.16
           145A.02             144.804              144E.16
           147A.09             144.804              144E.16
           168.012, subd. 1    144.802              144E.10
           174.29, subd. 1     144.801, subd. 4     144E.001, subd. 3
           174.315, subd. 1    144.801, subd. 4     144E.001, subd. 3
           297A.25, subd. 44   144.802              144E.10
           297B.03             144.802              144E.10
           353.64              144.804, subd. 3     144E.16, subd. 4
           383B.221, subd. 2   144.801 to 144.8091  144E.001 to 144E.35
           609.7495, subd. 1   144.801              144E.001
           Sec. 15.  [REPEALER.] 
           Minnesota Statutes 1996, sections 144.801; 144.802; 
        144.803; 144.804; and 144.806, are repealed. 
           Sec. 16.  [EFFECTIVE DATE.] 
           Section 2 is effective the day following final enactment. 
           Presented to the governor May 20, 1997 
           Signed by the governor May 22, 1997, 11:05 a.m.