Key: (1) language to be deleted (2) new language
An act
relating to health; establishing an Office of Emergency Medical Services to replace the Emergency Medical Services Regulatory Board; specifying duties for the office; transferring duties; establishing advisory councils; establishing alternative EMS response model pilot program; making conforming changes; modifying provisions relating to ambulance service personnel and emergency medical responders; providing emergency ambulance service aid; requiring a report; appropriating money;
amending Minnesota Statutes 2022, sections 62J.49, subdivision 1; 144E.001, subdivision 3a, by adding subdivisions; 144E.101, by adding a subdivision; 144E.16, subdivision 5; 144E.19, subdivision 3; 144E.27, subdivisions 3, 5, 6; 144E.28, subdivisions 3, 5, 6, 8; 144E.285, subdivisions 1, 2, 4, 6, by adding subdivisions; 144E.287; 144E.305, subdivision 3; 214.025; 214.04, subdivision 2a; 214.29; 214.31; 214.355; Minnesota Statutes 2023 Supplement, sections 15A.0815, subdivision 2; 43A.08, subdivision 1a; 144E.101, subdivisions 6, 7, as amended; 152.126, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 144E; repealing Minnesota Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; 144E.27, subdivisions 1, 1a; 144E.50, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin "Director" means the director of the Office of Emergency Medical Services. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin "Office" means the Office of Emergency Medical Services. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin The Office of Emergency Medical Services is established with the powers and duties established in law. In administering this chapter, the office must promote the public health and welfare, protect the safety of the public, and effectively regulate and support the operation of the emergency medical services system in this state. new text end
new text begin The governor must appoint a director for the office with the advice and consent of the senate. The director must be in the unclassified service and must serve at the pleasure of the governor. The salary of the director shall be determined according to section 15A.0815. The director shall direct the activities of the office. new text end
new text begin The director has the following powers and duties: new text end
new text begin (1) to administer and enforce this chapter and adopt rules as needed to implement this chapter. Rules for which notice is published in the State Register before July 1, 2026, may be adopted using the expedited rulemaking process in section 14.389; new text end
new text begin (2) to license ambulance services in the state and regulate their operation; new text end
new text begin (3) to establish and modify primary service areas; new text end
new text begin (4) to designate an ambulance service as authorized to provide service in a primary service area and to remove an ambulance service's authorization to provide service in a primary service area; new text end
new text begin (5) to register medical response units in the state and regulate their operation; new text end
new text begin (6) to certify emergency medical technicians, advanced emergency medical technicians, community emergency medical technicians, paramedics, and community paramedics and to register emergency medical responders; new text end
new text begin (7) to approve education programs for ambulance service personnel and emergency medical responders and to administer qualifications for instructors of education programs; new text end
new text begin (8) to administer grant programs related to emergency medical services; new text end
new text begin (9) to report to the legislature, by February 15 each year, on the work of the office and the advisory councils in the previous calendar year and with recommendations for any needed policy changes related to emergency medical services, including but not limited to improving access to emergency medical services, improving service delivery by ambulance services and medical response units, and improving the effectiveness of the state's emergency medical services system. The director must develop the reports and recommendations in consultation with the office's deputy directors and advisory councils; new text end
new text begin (10) to investigate complaints against and hold hearings regarding ambulance services, ambulance service personnel, and emergency medical responders and to impose disciplinary action or otherwise resolve complaints; and new text end
new text begin (11) to perform other duties related to the provision of emergency medical services in the state. new text end
new text begin The director may employ personnel in the classified service and unclassified personnel as necessary to carry out the duties of this chapter. new text end
new text begin The director must prepare a work plan to guide the work of the office. The work plan must be updated biennially. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin A Medical Services Division is created in the Office of Emergency Medical Services. The Medical Services Division shall be under the supervision of a deputy director of medical services appointed by the director. The deputy director of medical services must be a physician licensed under chapter 147. The deputy director, under the direction of the director, shall enforce and coordinate the laws, rules, and policies assigned by the director, which may include overseeing the clinical aspects of prehospital medical care and education programs for emergency medical service personnel. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin An Ambulance Services Division is created in the Office of Emergency Medical Services. The Ambulance Services Division shall be under the supervision of a deputy director of ambulance services appointed by the director. The deputy director, under the direction of the director, shall enforce and coordinate the laws, rules, and policies assigned by the director, which may include operating standards and licensing of ambulance services; registration and operation of medical response units; establishment and modification of primary service areas; authorization of ambulance services to provide service in a primary service area and revocation of such authorization; coordination of ambulance services within regions and across the state; and administration of grants. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin An Emergency Medical Service Providers Division is created in the Office of Emergency Medical Services. The Emergency Medical Service Providers Division shall be under the supervision of a deputy director of emergency medical service providers appointed by the director. The deputy director, under the direction of the director, shall enforce and coordinate the laws, rules, and policies assigned by the director, which may include certification and registration of individual emergency medical service providers; overseeing worker safety, worker well-being, and working conditions; implementation of education programs; and administration of grants. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin The Emergency Medical Services Advisory Council is established and consists of the following members: new text end
new text begin (1) one emergency medical technician currently practicing with a licensed ambulance service, appointed by the Minnesota Ambulance Association; new text end
new text begin (2) one paramedic currently practicing with a licensed ambulance service or a medical response unit, appointed jointly by the Minnesota Professional Fire Fighters Association and the Minnesota Ambulance Association; new text end
new text begin (3) one medical director of a licensed ambulance service, appointed by the National Association of EMS Physicians, Minnesota Chapter; new text end
new text begin (4) one firefighter currently serving as an emergency medical responder, appointed by the Minnesota State Fire Chiefs Association; new text end
new text begin (5) one registered nurse who is certified or currently practicing as a flight nurse, appointed jointly by the regional emergency services boards of the designated regional emergency medical services systems; new text end
new text begin (6) one hospital administrator, appointed by the Minnesota Hospital Association; new text end
new text begin (7) one social worker, appointed by the Board of Social Work; new text end
new text begin (8) one member of a federally recognized Tribal Nation in Minnesota, appointed by the Minnesota Indian Affairs Council; new text end
new text begin (9) three public members, appointed by the governor. At least one of the public members must reside outside the metropolitan counties listed in section 473.121, subdivision 4; new text end
new text begin (10) one member with experience working as an employee organization representative representing emergency medical service providers, appointed by an employee organization representing emergency medical service providers; new text end
new text begin (11) one member representing a local government, appointed by the Coalition of Greater Minnesota Cities; new text end
new text begin (12) one member representing a local government in the seven-county metropolitan area, appointed by the League of Minnesota Cities; new text end
new text begin (13) two members of the house of representatives and two members of the senate, appointed according to subdivision 2; and new text end
new text begin (14) the commissioner of health and commissioner of public safety or their designees as ex officio members. new text end
new text begin The speaker of the house and the house minority leader must each appoint one member of the house of representatives to serve on the advisory council. The senate majority leader and the senate minority leader must each appoint one member of the senate to serve on the advisory council. Legislative members appointed under this subdivision serve until successors are appointed. Legislative members may receive per diem compensation and reimbursement for expenses according to the rules of their respective bodies. new text end
new text begin Compensation and reimbursement for expenses for members appointed under subdivision 1, clauses (1) to (12); removal of members; filling of vacancies of members; and, except for initial appointments, membership terms are governed by section 15.059. Notwithstanding section 15.059, subdivision 6, the advisory council does not expire. new text end
new text begin (a) The advisory council must elect a chair and vice-chair from among its membership and may elect other officers as the advisory council deems necessary. new text end
new text begin (b) The advisory council must meet quarterly or at the call of the chair. new text end
new text begin (c) Meetings of the advisory council are subject to chapter 13D. new text end
new text begin The advisory council must review and make recommendations to the director and the deputy director of ambulance services on the administration of this chapter; the regulation of ambulance services and medical response units; the operation of the emergency medical services system in the state; and other topics as directed by the director. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin The Emergency Medical Services Physician Advisory Council is established and consists of the following members: new text end
new text begin (1) eight physicians who meet the qualifications for medical directors in section 144E.265, subdivision 1, with one physician appointed by each of the regional emergency services boards of the designated regional emergency medical services systems; new text end
new text begin (2) one physician who meets the qualifications for medical directors in section 144E.265, subdivision 1, appointed by the Minnesota State Fire Chiefs Association; new text end
new text begin (3) one physician who is board-certified in pediatrics, appointed by the Minnesota Emergency Medical Services for Children program; and new text end
new text begin (4) the medical director member of the Emergency Medical Services Advisory Council appointed under section 144E.03, subdivision 1, clause (3). new text end
new text begin Compensation and reimbursement for expenses, removal of members, filling of vacancies of members, and, except for initial appointments, membership terms are governed by section 15.059. Notwithstanding section 15.059, subdivision 6, the advisory council shall not expire. new text end
new text begin (a) The advisory council must elect a chair and vice-chair from among its membership and may elect other officers as it deems necessary. new text end
new text begin (b) The advisory council must meet twice per year or upon the call of the chair. new text end
new text begin (c) Meetings of the advisory council are subject to chapter 13D. new text end
new text begin The advisory council must: new text end
new text begin (1) review and make recommendations to the director and deputy director of medical services on clinical aspects of prehospital medical care. In doing so, the advisory council must incorporate information from medical literature, advances in bedside clinical practice, and advisory council member experience; and new text end
new text begin (2) serve as subject matter experts for the director and deputy director of medical services on evolving topics in clinical medicine, including but not limited to infectious disease, pharmaceutical and equipment shortages, and implementation of new therapeutics. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin The Labor and Emergency Medical Service Providers Advisory Council is established and consists of the following members: new text end
new text begin (1) one emergency medical service provider of any type from each of the designated regional emergency medical services systems, appointed by their respective regional emergency services boards; new text end
new text begin (2) one emergency medical technician instructor, appointed by an employee organization representing emergency medical service providers; new text end
new text begin (3) two members with experience working as an employee organization representative representing emergency medical service providers, appointed by an employee organization representing emergency medical service providers; new text end
new text begin (4) one emergency medical service provider based in a fire department, appointed jointly by the Minnesota State Fire Chiefs Association and the Minnesota Professional Fire Fighters Association; and new text end
new text begin (5) one emergency medical service provider not based in a fire department, appointed by the League of Minnesota Cities. new text end
new text begin Compensation and reimbursement for expenses for members appointed under subdivision 1; removal of members; filling of vacancies of members; and, except for initial appointments, membership terms are governed by section 15.059. Notwithstanding section 15.059, subdivision 6, the Labor and Emergency Medical Service Providers Advisory Council does not expire. new text end
new text begin (a) The Labor and Emergency Medical Service Providers Advisory Council must elect a chair and vice-chair from among its membership and may elect other officers as the advisory council deems necessary. new text end
new text begin (b) The Labor and Emergency Medical Service Providers Advisory Council must meet quarterly or at the call of the chair. new text end
new text begin (c) Meetings of the Labor and Emergency Medical Service Providers Advisory Council are subject to chapter 13D. new text end
new text begin The Labor and Emergency Medical Service Providers Advisory Council must review and make recommendations to the director and deputy director of emergency medical service providers on the laws, rules, and policies assigned to the Emergency Medical Service Providers Division and other topics as directed by the director. new text end
new text begin This section is effective January 1, 2025. new text end
(a) Local units of government may, with the approval of the deleted text begin boarddeleted text end new text begin directornew text end , 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 deleted text begin boarddeleted text end new text begin directornew text end 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 deleted text begin boarddeleted text end new text begin officenew text end ;
(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 deleted text begin boarddeleted text end new text begin directornew text end 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).
new text begin This section is effective January 1, 2025. new text end
(a) In addition to any other remedy provided by law, the deleted text begin boarddeleted text end new text begin directornew text end may temporarily suspend the license of a licensee after conducting a preliminary inquiry to determine whether the deleted text begin boarddeleted text end new text begin director new text end believes that the licensee has violated a statute or rule that the deleted text begin boarddeleted text end new text begin directornew text end is empowered to enforce and determining that the continued provision of service by the licensee would create an imminent risk to public health or harm to others.
(b) A temporary suspension order prohibiting a licensee from providing ambulance service shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state the reasons for the entry of the temporary suspension order.
(c) Service of a temporary suspension order is effective when the order is served on the licensee personally or by certified mail, which is complete upon receipt, refusal, or return for nondelivery to the most recent address provided to the deleted text begin boarddeleted text end new text begin directornew text end for the licensee.
(d) At the time the deleted text begin boarddeleted text end new text begin directornew text end issues a temporary suspension order, the deleted text begin boarddeleted text end new text begin directornew text end shall schedule a hearingdeleted text begin , to be held before a group of its members designated by the board,deleted text end that shall begin within 60 days after issuance of the temporary suspension order or within 15 working days of the date of the deleted text begin board'sdeleted text end new text begin director'snew text end receipt of a request for a hearing from a licensee, whichever is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under this paragraph is not subject to chapter 14.
(e) Evidence presented by the deleted text begin boarddeleted text end new text begin directornew text end or licensee may be in the form of an affidavit. The licensee or the licensee's designee may appear for oral argument.
(f) Within five working days of the hearing, the deleted text begin boarddeleted text end new text begin directornew text end shall issue its order and, if the suspension is continued, notify the licensee of the right to a contested case hearing under chapter 14.
(g) If a licensee requests a contested case hearing within 30 days after receiving notice under paragraph (f), the deleted text begin boarddeleted text end new text begin director new text end shall initiate a contested case hearing according to chapter 14. The administrative law judge shall issue a report and recommendation within 30 days after the closing of the contested case hearing record. The deleted text begin boarddeleted text end new text begin directornew text end shall issue a final order within 30 days after receipt of the administrative law judge's report.
new text begin This section is effective January 1, 2025. new text end
(a) The deleted text begin boarddeleted text end new text begin director new text end may deny, suspend, revoke, place conditions on, or refuse to renew the registration of an individual who the deleted text begin boarddeleted text end new text begin director new text end determines:
(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, an agreement for corrective action, or an order that the deleted text begin boarddeleted text end new text begin director new text end issued or is otherwise empowered to enforce;
(2) misrepresents or falsifies information on an application form for registration;
(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol;
(4) is actually or potentially unable to provide emergency medical services with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as a result of any mental or physical condition;
(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of the public;
(6) maltreats or abandons a patient;
(7) violates any state or federal controlled substance law;
(8) engages in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established;
(9) provides emergency medical services under lapsed or nonrenewed credentials;
(10) is subject to a denial, corrective, disciplinary, or other similar action in another jurisdiction or by another regulatory authority;
(11) engages in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient; deleted text begin ordeleted text end
(12) makes a false statement or knowingly provides false information to the deleted text begin boarddeleted text end new text begin directornew text end , or fails to cooperate with an investigation of the deleted text begin boarddeleted text end new text begin director new text end as required by section 144E.30deleted text begin .deleted text end new text begin ; ornew text end
new text begin (13) fails to engage with the health professionals services program or diversion program required under section 144E.287 after being referred to the program, violates the terms of the program participation agreement, or leaves the program except upon fulfilling the terms for successful completion of the program as set forth in the participation agreement. new text end
(b) Before taking action under paragraph (a), the deleted text begin boarddeleted text end new text begin director new text end shall give notice to an individual of the right to a contested case hearing under chapter 14. If an individual requests a contested case hearing within 30 days after receiving notice, the deleted text begin boarddeleted text end new text begin director new text end shall initiate a contested case hearing according to chapter 14.
(c) The administrative law judge shall issue a report and recommendation within 30 days after closing the contested case hearing record. The deleted text begin boarddeleted text end new text begin director new text end shall issue a final order within 30 days after receipt of the administrative law judge's report.
(d) After six months from the deleted text begin board'sdeleted text end new text begin director's new text end decision to deny, revoke, place conditions on, or refuse renewal of an individual's registration for disciplinary action, the individual shall have the opportunity to apply to the deleted text begin boarddeleted text end new text begin director new text end for reinstatement.
new text begin This section is effective January 1, 2025. new text end
(a) The deleted text begin boarddeleted text end new text begin director new text end may deny certification or take any action authorized in subdivision 4 against an individual who the deleted text begin boarddeleted text end new text begin director new text end determines:
(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, or an order that the deleted text begin boarddeleted text end new text begin director new text end issued or is otherwise authorized or empowered to enforce, or agreement for corrective action;
(2) misrepresents or falsifies information on an application form for certification;
(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol;
(4) is actually or potentially unable to provide emergency medical services with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as a result of any mental or physical condition;
(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health, welfare, or safety of the public;
(6) maltreats or abandons a patient;
(7) violates any state or federal controlled substance law;
(8) engages in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established;
(9) provides emergency medical services under lapsed or nonrenewed credentials;
(10) is subject to a denial, corrective, disciplinary, or other similar action in another jurisdiction or by another regulatory authority;
(11) engages in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient; deleted text begin ordeleted text end
(12) makes a false statement or knowingly provides false information to the deleted text begin boarddeleted text end new text begin director new text end or fails to cooperate with an investigation of the deleted text begin boarddeleted text end new text begin director new text end as required by section 144E.30deleted text begin .deleted text end new text begin ; ornew text end
new text begin (13) fails to engage with the health professionals services program or diversion program required under section 144E.287 after being referred to the program, violates the terms of the program participation agreement, or leaves the program except upon fulfilling the terms for successful completion of the program as set forth in the participation agreement. new text end
(b) Before taking action under paragraph (a), the deleted text begin boarddeleted text end new text begin director new text end shall give notice to an individual of the right to a contested case hearing under chapter 14. If an individual requests a contested case hearing within 30 days after receiving notice, the deleted text begin boarddeleted text end new text begin director new text end shall initiate a contested case hearing according to chapter 14 and no disciplinary action shall be taken at that time.
(c) The administrative law judge shall issue a report and recommendation within 30 days after closing the contested case hearing record. The deleted text begin boarddeleted text end new text begin director new text end shall issue a final order within 30 days after receipt of the administrative law judge's report.
(d) After six months from the deleted text begin board'sdeleted text end new text begin director's new text end decision to deny, revoke, place conditions on, or refuse renewal of an individual's certification for disciplinary action, the individual shall have the opportunity to apply to the deleted text begin boarddeleted text end new text begin director new text end for reinstatement.
new text begin This section is effective January 1, 2025. new text end
(a) In addition to any other remedy provided by law, the deleted text begin boarddeleted text end new text begin directornew text end may temporarily suspend the certification of an individual after conducting a preliminary inquiry to determine whether the deleted text begin boarddeleted text end new text begin directornew text end believes that the individual has violated a statute or rule that the deleted text begin boarddeleted text end new text begin directornew text end is empowered to enforce and determining that the continued provision of service by the individual would create an imminent risk to public health or harm to others.
(b) A temporary suspension order prohibiting an individual from providing emergency medical care shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state the reasons for the entry of the temporary suspension order.
(c) Service of a temporary suspension order is effective when the order is served on the individual personally or by certified mail, which is complete upon receipt, refusal, or return for nondelivery to the most recent address provided to the deleted text begin boarddeleted text end new text begin directornew text end for the individual.
(d) At the time the deleted text begin boarddeleted text end new text begin directornew text end issues a temporary suspension order, the deleted text begin boarddeleted text end new text begin directornew text end shall schedule a hearingdeleted text begin , to be held before a group of its members designated by the board,deleted text end that shall begin within 60 days after issuance of the temporary suspension order or within 15 working days of the date of the deleted text begin board'sdeleted text end new text begin director'snew text end receipt of a request for a hearing from the individual, whichever is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under this paragraph is not subject to chapter 14.
(e) Evidence presented by the deleted text begin boarddeleted text end new text begin directornew text end or the individual may be in the form of an affidavit. The individual or individual's designee may appear for oral argument.
(f) Within five working days of the hearing, the deleted text begin boarddeleted text end new text begin directornew text end shall issue its order and, if the suspension is continued, notify the individual of the right to a contested case hearing under chapter 14.
(g) If an individual requests a contested case hearing within 30 days of receiving notice under paragraph (f), the deleted text begin boarddeleted text end new text begin directornew text end shall initiate a contested case hearing according to chapter 14. The administrative law judge shall issue a report and recommendation within 30 days after the closing of the contested case hearing record. The deleted text begin boarddeleted text end new text begin directornew text end shall issue a final order within 30 days after receipt of the administrative law judge's report.
new text begin This section is effective January 1, 2025. new text end
(a) In addition to any other remedy provided by law, the deleted text begin boarddeleted text end new text begin directornew text end may temporarily suspend approval of the education program after conducting a preliminary inquiry to determine whether the deleted text begin boarddeleted text end new text begin directornew text end believes that the education program has violated a statute or rule that the deleted text begin boarddeleted text end new text begin directornew text end is empowered to enforce and determining that the continued provision of service by the education program would create an imminent risk to public health or harm to others.
(b) A temporary suspension order prohibiting the education program from providing emergency medical care training shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state the reasons for the entry of the temporary suspension order.
(c) Service of a temporary suspension order is effective when the order is served on the education program personally or by certified mail, which is complete upon receipt, refusal, or return for nondelivery to the most recent address provided to the deleted text begin boarddeleted text end new text begin directornew text end for the education program.
(d) At the time the deleted text begin boarddeleted text end new text begin directornew text end issues a temporary suspension order, the deleted text begin boarddeleted text end new text begin directornew text end shall schedule a hearingdeleted text begin , to be held before a group of its members designated by the board,deleted text end that shall begin within 60 days after issuance of the temporary suspension order or within 15 working days of the date of the deleted text begin board'sdeleted text end new text begin director'snew text end receipt of a request for a hearing from the education program, whichever is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under this paragraph is not subject to chapter 14.
(e) Evidence presented by the deleted text begin boarddeleted text end new text begin directornew text end or the individual may be in the form of an affidavit. The education program or counsel of record may appear for oral argument.
(f) Within five working days of the hearing, the deleted text begin boarddeleted text end new text begin directornew text end shall issue its order and, if the suspension is continued, notify the education program of the right to a contested case hearing under chapter 14.
(g) If an education program requests a contested case hearing within 30 days of receiving notice under paragraph (f), the deleted text begin boarddeleted text end new text begin directornew text end shall initiate a contested case hearing according to chapter 14. The administrative law judge shall issue a report and recommendation within 30 days after the closing of the contested case hearing record. The deleted text begin boarddeleted text end new text begin directornew text end shall issue a final order within 30 days after receipt of the administrative law judge's report.
new text begin This section is effective January 1, 2025. new text end
The deleted text begin boarddeleted text end new text begin directornew text end shall either conduct a health professionals deleted text begin servicedeleted text end new text begin servicesnew text end program deleted text begin under sections 214.31 to 214.37deleted text end or contract for a diversion program deleted text begin under section 214.28deleted text end for professionals regulated deleted text begin by the boarddeleted text end new text begin under this chapternew text end who are unable to perform their duties with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.
new text begin This section is effective January 1, 2025. new text end
(a) An individual, licensee, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report to the deleted text begin boarddeleted text end new text begin director new text end under subdivision 1 or 2 or for otherwise reporting in good faith to the deleted text begin boarddeleted text end new text begin director new text end violations or alleged violations of sections 144E.001 to 144E.33. Reports are classified as confidential data on individuals or protected nonpublic data under section 13.02 while an investigation is active. Except for the deleted text begin board'sdeleted text end new text begin director's new text end final determination, all communications or information received by or disclosed to the deleted text begin boarddeleted text end new text begin director new text end relating to disciplinary matters of any person or entity subject to the deleted text begin board'sdeleted text end new text begin director's new text end regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be closed to the public.
(b) deleted text begin Members of the boarddeleted text end new text begin The directornew text end , persons employed by the deleted text begin boarddeleted text end new text begin directornew text end , persons engaged in the investigation of violations and in the preparation and management of charges of violations of sections 144E.001 to 144E.33 on behalf of the deleted text begin boarddeleted text end new text begin directornew text end , and persons participating in the investigation regarding charges of violations are immune from civil liability and criminal prosecution for any actions, transactions, or publications, made in good faith, in the execution of, or relating to, their duties under sections 144E.001 to 144E.33.
deleted text begin (c) For purposes of this section, a member of the board is considered a state employee under section 3.736, subdivision 9. deleted text end
new text begin This section is effective January 1, 2025. new text end
new text begin (a) For purposes of this section, the following terms have the meanings given. new text end
new text begin (b) "Board" means the Emergency Medical Services Regulatory Board. new text end
new text begin (c) "Partnering ambulance services" means the primary ambulance service and the supporting ambulance service that partner to jointly respond to emergency ambulance calls under the pilot program. new text end
new text begin (d) "Pilot program" means the alternative emergency medical services response model pilot program established under this section. new text end
new text begin (e) "Primary ambulance service" means a basic life support ambulance service or part-time advanced life support ambulance service. new text end
new text begin (f) "Supporting ambulance service" means a full-time advanced life support ambulance service. new text end
new text begin The board must establish and oversee an alternative emergency medical services response model pilot program, with one pilot program site in Otter Tail County and Grant County and one pilot program site in St. Louis County. Under the pilot program, the board may authorize primary ambulance services with primary service areas that include: (1) any portion of Otter Tail County or Grant County; or (2) any portion of St. Louis County to partner with supporting ambulance services to provide expanded advanced life support service intercept capability and staffing support for emergency ambulance calls to locations anywhere in the partnering ambulance services' primary service areas, including locations outside of Otter Tail County, Grant County, or St. Louis County. new text end
new text begin A primary ambulance service that wishes to participate in the pilot program must apply to the board. An application from a primary ambulance service must be submitted jointly with the supporting ambulance service with which the primary ambulance service proposes to partner. The application must identify the ambulance services applying to be partnering ambulance services and must include: new text end
new text begin (1) approval to participate in the pilot program from the medical directors of the proposed partnering ambulance services; new text end
new text begin (2) procedures the primary ambulance service will implement to respond to emergency ambulance calls when the primary ambulance service is unable to meet the minimum staffing requirements under Minnesota Statutes, section 144E.101, and the supporting ambulance service is unavailable to jointly respond to emergency ambulance calls; new text end
new text begin (3) an agreement between the proposed partnering ambulance services specifying which ambulance service is responsible for: new text end
new text begin (i) workers' compensation insurance; new text end
new text begin (ii) motor vehicle insurance; and new text end
new text begin (iii) billing, identifying which ambulance service, if any, will bill the patient or the patient's insurer and specifying how payments received will be distributed among the proposed partnering ambulance services; new text end
new text begin (4) communication procedures to coordinate and make known the real-time availability of the supporting ambulance service to its proposed partnering primary ambulance service and public safety answering points; new text end
new text begin (5) an acknowledgment that the proposed partnering ambulance services must coordinate compliance with the prehospital care data requirements in Minnesota Statutes, section 144E.123; and new text end
new text begin (6) an acknowledgment that the proposed partnering ambulance services remain responsible for providing continual service as required under Minnesota Statutes, section 144E.101, subdivision 3. new text end
new text begin Under the pilot program, a supporting ambulance service may partner with one or more primary ambulance services. Under this partnership, the supporting ambulance service and primary ambulance service must jointly respond to emergency ambulance calls originating in the primary service area of the primary ambulance service. The supporting ambulance service must respond to emergency ambulance calls with either an ambulance or a nontransporting vehicle fully equipped with the advanced life support complement of equipment and medications required for that nontransporting vehicle by that ambulance service's medical director. new text end
new text begin (a) When responding to an emergency ambulance call covered by the pilot program and an ambulance or nontransporting vehicle from the supporting ambulance service is confirmed to be available and is responding to the call: new text end
new text begin (1) the primary ambulance service ambulance must be staffed by at least one emergency medical technician; and new text end
new text begin (2) the supporting ambulance service ambulance or nontransporting vehicle must be staffed with a minimum of one paramedic. new text end
new text begin (b) The staffing specified in paragraph (a) is deemed to satisfy the staffing requirements in Minnesota Statutes, section 144E.101, for both the primary ambulance service response and the supporting ambulance service intercept requirements. new text end
new text begin The medical directors for ambulance services participating in the pilot program retain responsibility for the ambulance service personnel of their respective ambulance services. When a paramedic from the supporting ambulance service makes contact with the patient, the standing orders, clinical policies, protocols, and triage, treatment, and transportation guidelines for the supporting ambulance service must direct patient care related to the encounter. new text end
new text begin The board may issue any waivers of or variances to Minnesota Statutes, chapter 144E, or Minnesota Rules, chapter 4690, to partnering ambulance services that are needed to implement the pilot program, provided the waiver or variance does not adversely affect the public health or welfare. new text end
new text begin In administering the pilot program, the board shall collect from partnering ambulance services data needed to evaluate the impacts of the pilot program on response times, patient outcomes, and patient experience for emergency ambulance calls. new text end
new text begin This section expires June 30, 2027. new text end
new text begin (a) Initial appointments of members to the Emergency Medical Services Advisory Council must be made by January 1, 2025. The terms of initial appointees shall be determined by lot by the secretary of state and shall be as follows: new text end
new text begin (1) eight members shall serve two-year terms; and new text end
new text begin (2) eight members shall serve three-year terms. new text end
new text begin (b) The medical director appointee must convene the first meeting of the Emergency Medical Services Advisory Council by February 1, 2025. new text end
new text begin (a) Initial appointments of members to the Emergency Medical Services Physician Advisory Council must be made by January 1, 2025. The terms of initial appointees shall be determined by lot by the secretary of state and shall be as follows: new text end
new text begin (1) five members shall serve two-year terms; new text end
new text begin (2) five members shall serve three-year terms; and new text end
new text begin (3) the term for the medical director appointee to the Emergency Medical Services Physician Advisory Council shall coincide with that member's term on the Emergency Medical Services Advisory Council. new text end
new text begin (b) The medical director appointee must convene the first meeting of the Emergency Medical Services Physician Advisory Council by February 1, 2025. new text end
new text begin (a) Initial appointments of members to the Labor and Emergency Medical Service Providers Advisory Council must be made by January 1, 2025. The terms of initial appointees shall be determined by lot by the secretary of state and shall be as follows: new text end
new text begin (1) six members shall serve two-year terms; and new text end
new text begin (2) seven members shall serve three-year terms. new text end
new text begin (b) The emergency medical technician instructor appointee must convene the first meeting of the Labor and Emergency Medical Service Providers Advisory Council by February 1, 2025. new text end
new text begin No later than October 1, 2024, the governor shall appoint a director-designee of the Office of Emergency Medical Services. The individual appointed as the director-designee of the Office of Emergency Medical Services shall become the governor's appointee as director of the Office of Emergency Medical Services on January 1, 2025. Effective January 1, 2025, the responsibilities to regulate emergency medical services in the state under Minnesota Statutes, chapter 144E, and Minnesota Rules, chapter 4690, are transferred from the Emergency Medical Services Regulatory Board to the Office of Emergency Medical Services and the director of the Office of Emergency Medical Services. new text end
new text begin Minnesota Statutes, section 15.039, applies to the transfer of responsibilities from the Emergency Medical Services Regulatory Board to the Office of Emergency Medical Services required by this act. The commissioner of administration, with the approval of the governor, may issue reorganization orders under Minnesota Statutes, section 16B.37, as necessary to carry out the transfer of responsibilities required by this act. The provision of Minnesota Statutes, section 16B.37, subdivision 1, which states that transfers under that section may be made only to an agency that has been in existence for at least one year, does not apply to transfers in this act to the Office of Emergency Medical Services. new text end
new text begin $6,000,000 in fiscal year 2025 is appropriated from the general fund to the Emergency Medical Services Regulatory Board for grants to Otter Tail County and St. Louis County to fund the alternative emergency medical services response model pilot program. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the Emergency Medical Services Regulatory Board may retain up to ten percent of this appropriation for administrative costs. This is a onetime appropriation and is available until June 30, 2027. new text end
new text begin (a) In Minnesota Statutes, chapter 144E, the revisor of statutes shall replace "board" with "director"; "board's" with "director's"; "Emergency Medical Services Regulatory Board" or "Minnesota Emergency Medical Services Regulatory Board" with "director"; and "board-approved" with "director-approved," except that: new text end
new text begin (1) in Minnesota Statutes, section 144E.11, the revisor of statutes shall not modify the term "county board," "community health board," or "community health boards"; new text end
new text begin (2) in Minnesota Statutes, sections 144E.40, subdivision 2; 144E.42, subdivision 2; 144E.44; and 144E.45, subdivision 2, the revisor of statutes shall not modify the term "State Board of Investment"; and new text end
new text begin (3) in Minnesota Statutes, sections 144E.50 and 144E.52, the revisor of statutes shall not modify the term "regional emergency medical services board," "regional board," "regional emergency medical services board's," or "regional boards." new text end
new text begin (b) In the following sections of Minnesota Statutes, the revisor of statutes shall replace "Emergency Medical Services Regulatory Board" with "director of the Office of Emergency Medical Services": sections 13.717, subdivision 10; 62J.49, subdivision 2; 144.604; 144.608; 147.09; 156.12, subdivision 2; 169.686, subdivision 3; and 299A.41, subdivision 4. new text end
new text begin (c) In the following sections of Minnesota Statutes, the revisor of statutes shall replace "Emergency Medical Services Regulatory Board" with "Office of Emergency Medical Services": sections 144.603 and 161.045, subdivision 3. new text end
new text begin (d) In making the changes specified in this section, the revisor of statutes may make technical and other necessary changes to sentence structure to preserve the meaning of the text. new text end
new text begin Minnesota Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; and 144E.50, subdivision 3, new text end new text begin are repealed. new text end
new text begin This section is effective January 1, 2025. new text end
The salary for a position listed in this subdivision shall be determined by the Compensation Council under section 15A.082. The commissioner of management and budget must publish the salaries on the department's website. This subdivision applies to the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of children, youth, and families;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Minnesota IT Services;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation;
Commissioner of veterans affairs;
Executive director of the Gambling Control Board;
Executive director of the Minnesota State Lottery;
Commissioner of Iron Range resources and rehabilitation;
Commissioner, Bureau of Mediation Services;
Ombudsman for mental health and developmental disabilities;
Ombudsperson for corrections;
Chair, Metropolitan Council;
Chair, Metropolitan Airports Commission;
School trust lands director;
Executive director of pari-mutuel racing; deleted text begin anddeleted text end
Commissioner, Public Utilities Commissiondeleted text begin .deleted text end new text begin ; andnew text end
new text begin Director of the Office of Emergency Medical Services. new text end
new text begin This section is effective January 1, 2025. new text end
Appointing authorities for the following agencies may designate additional unclassified positions according to this subdivision: the Departments of Administration; Agriculture; Children, Youth, and Families; Commerce; Corrections; Direct Care and Treatment; Education; Employment and Economic Development; Explore Minnesota Tourism; Management and Budget; Health; Human Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the Department of Information Technology Services; the Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher Education; the Perpich Center for Arts Education; deleted text begin anddeleted text end the Minnesota Zoological Boardnew text begin ; and the Office of Emergency Medical Servicesnew text end .
A position designated by an appointing authority according to this subdivision must meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating specifically to that agency;
(2) the person occupying the position would report directly to the agency head or deputy agency head and would be designated as part of the agency head's management team;
(3) the duties of the position would involve significant discretion and substantial involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or other technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to, loyal to, and compatible with, the governor and the agency head, the employing statutory board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant to the agency head; and
(7) the commissioner has approved the designation as being consistent with the standards and criteria in this subdivision.
new text begin This section is effective January 1, 2025. new text end
The new text begin director of the Office of new text end Emergency Medical Services deleted text begin Regulatory Boarddeleted text end established under chapter deleted text begin 144deleted text end new text begin 144Enew text end shall establish a financial data collection system for all ambulance services licensed in this state. To establish the financial database, the deleted text begin Emergency Medical Services Regulatory Boarddeleted text end new text begin directornew text end may contract with an entity that has experience in ambulance service financial data collection.
new text begin This section is effective January 1, 2025. new text end
(a) Except as indicated in this subdivision, the data submitted to the board under subdivision 4 is private data on individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
(b) Except as specified in subdivision 5, the following persons shall be considered permissible users and may access the data submitted under subdivision 4 in the same or similar manner, and for the same or similar purposes, as those persons who are authorized to access similar private data on individuals under federal and state law:
(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has delegated the task of accessing the data, to the extent the information relates specifically to a current patient, to whom the prescriber is:
(i) prescribing or considering prescribing any controlled substance;
(ii) providing emergency medical treatment for which access to the data may be necessary;
(iii) providing care, and the prescriber has reason to believe, based on clinically valid indications, that the patient is potentially abusing a controlled substance; or
(iv) providing other medical treatment for which access to the data may be necessary for a clinically valid purpose and the patient has consented to access to the submitted data, and with the provision that the prescriber remains responsible for the use or misuse of data accessed by a delegated agent or employee;
(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has delegated the task of accessing the data, to the extent the information relates specifically to a current patient to whom that dispenser is dispensing or considering dispensing any controlled substance and with the provision that the dispenser remains responsible for the use or misuse of data accessed by a delegated agent or employee;
(3) a licensed dispensing practitioner or licensed pharmacist to the extent necessary to determine whether corrections made to the data reported under subdivision 4 are accurate;
(4) a licensed pharmacist who is providing pharmaceutical care for which access to the data may be necessary to the extent that the information relates specifically to a current patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber who is requesting data in accordance with clause (1);
(5) an individual who is the recipient of a controlled substance prescription for which data was submitted under subdivision 4, or a guardian of the individual, parent or guardian of a minor, or health care agent of the individual acting under a health care directive under chapter 145C. For purposes of this clause, access by individuals includes persons in the definition of an individual under section 13.02;
(6) personnel or designees of a health-related licensing board listed in section 214.01, subdivision 2, or of the new text begin Office of new text end Emergency Medical Services deleted text begin Regulatory Boarddeleted text end , assigned to conduct a bona fide investigation of a complaint received by that board new text begin or office new text end that alleges that a specific licensee is impaired by use of a drug for which data is collected under subdivision 4, has engaged in activity that would constitute a crime as defined in section 152.025, or has engaged in the behavior specified in subdivision 5, paragraph (a);
(7) personnel of the board engaged in the collection, review, and analysis of controlled substance prescription information as part of the assigned duties and responsibilities under this section;
(8) authorized personnel under contract with the board, or under contract with the state of Minnesota and approved by the board, who are engaged in the design, evaluation, implementation, operation, or maintenance of the prescription monitoring program as part of the assigned duties and responsibilities of their employment, provided that access to data is limited to the minimum amount necessary to carry out such duties and responsibilities, and subject to the requirement of de-identification and time limit on retention of data specified in subdivision 5, paragraphs (d) and (e);
(9) federal, state, and local law enforcement authorities acting pursuant to a valid search warrant;
(10) personnel of the Minnesota health care programs assigned to use the data collected under this section to identify and manage recipients whose usage of controlled substances may warrant restriction to a single primary care provider, a single outpatient pharmacy, and a single hospital;
(11) personnel of the Department of Human Services assigned to access the data pursuant to paragraph (k);
(12) personnel of the health professionals services program established under section 214.31, to the extent that the information relates specifically to an individual who is currently enrolled in and being monitored by the program, and the individual consents to access to that information. The health professionals services program personnel shall not provide this data to a health-related licensing board deleted text begin or the Emergency Medical Services Regulatory Boarddeleted text end , except as permitted under section 214.33, subdivision 3;
(13) personnel or designees of a health-related licensing board other than the Board of Pharmacy listed in section 214.01, subdivision 2, assigned to conduct a bona fide investigation of a complaint received by that board that alleges that a specific licensee is inappropriately prescribing controlled substances as defined in this section. For the purposes of this clause, the health-related licensing board may also obtain utilization data; and
(14) personnel of the board specifically assigned to conduct a bona fide investigation of a specific licensee or registrant. For the purposes of this clause, the board may also obtain utilization data.
(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe controlled substances for humans and who holds a current registration issued by the federal Drug Enforcement Administration, and every pharmacist licensed by the board and practicing within the state, shall register and maintain a user account with the prescription monitoring program. Data submitted by a prescriber, pharmacist, or their delegate during the registration application process, other than their name, license number, and license type, is classified as private pursuant to section 13.02, subdivision 12.
(d) Notwithstanding paragraph (b), beginning January 1, 2021, a prescriber or an agent or employee of the prescriber to whom the prescriber has delegated the task of accessing the data, must access the data submitted under subdivision 4 to the extent the information relates specifically to the patient:
(1) before the prescriber issues an initial prescription order for a Schedules II through IV opiate controlled substance to the patient; and
(2) at least once every three months for patients receiving an opiate for treatment of chronic pain or participating in medically assisted treatment for an opioid addiction.
(e) Paragraph (d) does not apply if:
(1) the patient is receiving palliative care, or hospice or other end-of-life care;
(2) the patient is being treated for pain due to cancer or the treatment of cancer;
(3) the prescription order is for a number of doses that is intended to last the patient five days or less and is not subject to a refill;
(4) the prescriber and patient have a current or ongoing provider/patient relationship of a duration longer than one year;
(5) the prescription order is issued within 14 days following surgery or three days following oral surgery or follows the prescribing protocols established under the opioid prescribing improvement program under section 256B.0638;
(6) the controlled substance is prescribed or administered to a patient who is admitted to an inpatient hospital;
(7) the controlled substance is lawfully administered by injection, ingestion, or any other means to the patient by the prescriber, a pharmacist, or by the patient at the direction of a prescriber and in the presence of the prescriber or pharmacist;
(8) due to a medical emergency, it is not possible for the prescriber to review the data before the prescriber issues the prescription order for the patient; or
(9) the prescriber is unable to access the data due to operational or other technological failure of the program so long as the prescriber reports the failure to the board.
(f) Only permissible users identified in paragraph (b), clauses (1), (2), (3), (4), (7), (8), (10), and (11), may directly access the data electronically. No other permissible users may directly access the data electronically. If the data is directly accessed electronically, the permissible user shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate to the user's size and complexity, and the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and assess the sufficiency of any safeguards in place to control the risks.
(g) The board shall not release data submitted under subdivision 4 unless it is provided with evidence, satisfactory to the board, that the person requesting the information is entitled to receive the data.
(h) The board shall maintain a log of all persons who access the data for a period of at least three years and shall ensure that any permissible user complies with paragraph (c) prior to attaining direct access to the data.
(i) Section 13.05, subdivision 6, shall apply to any contract the board enters into pursuant to subdivision 2. A vendor shall not use data collected under this section for any purpose not specified in this section.
(j) The board may participate in an interstate prescription monitoring program data exchange system provided that permissible users in other states have access to the data only as allowed under this section, and that section 13.05, subdivision 6, applies to any contract or memorandum of understanding that the board enters into under this paragraph.
(k) With available appropriations, the commissioner of human services shall establish and implement a system through which the Department of Human Services shall routinely access the data for the purpose of determining whether any client enrolled in an opioid treatment program licensed according to chapter 245A has been prescribed or dispensed a controlled substance in addition to that administered or dispensed by the opioid treatment program. When the commissioner determines there have been multiple prescribers or multiple prescriptions of controlled substances, the commissioner shall:
(1) inform the medical director of the opioid treatment program only that the commissioner determined the existence of multiple prescribers or multiple prescriptions of controlled substances; and
(2) direct the medical director of the opioid treatment program to access the data directly, review the effect of the multiple prescribers or multiple prescriptions, and document the review.
If determined necessary, the commissioner of human services shall seek a federal waiver of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section 2.34, paragraph (c), prior to implementing this paragraph.
(l) The board shall review the data submitted under subdivision 4 on at least a quarterly basis and shall establish criteria, in consultation with the advisory task force, for referring information about a patient to prescribers and dispensers who prescribed or dispensed the prescriptions in question if the criteria are met.
(m) The board shall conduct random audits, on at least a quarterly basis, of electronic access by permissible users, as identified in paragraph (b), clauses (1), (2), (3), (4), (7), (8), (10), and (11), to the data in subdivision 4, to ensure compliance with permissible use as defined in this section. A permissible user whose account has been selected for a random audit shall respond to an inquiry by the board, no later than 30 days after receipt of notice that an audit is being conducted. Failure to respond may result in deactivation of access to the electronic system and referral to the appropriate health licensing board, or the commissioner of human services, for further action. The board shall report the results of random audits to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance and government data practices.
(n) A permissible user who has delegated the task of accessing the data in subdivision 4 to an agent or employee shall audit the use of the electronic system by delegated agents or employees on at least a quarterly basis to ensure compliance with permissible use as defined in this section. When a delegated agent or employee has been identified as inappropriately accessing data, the permissible user must immediately remove access for that individual and notify the board within seven days. The board shall notify all permissible users associated with the delegated agent or employee of the alleged violation.
(o) A permissible user who delegates access to the data submitted under subdivision 4 to an agent or employee shall terminate that individual's access to the data within three business days of the agent or employee leaving employment with the permissible user. The board may conduct random audits to determine compliance with this requirement.
new text begin This section is effective January 1, 2025. new text end
The health-related licensing boards may establish a Council of Health Boards consisting of representatives of the health-related licensing boards deleted text begin and the Emergency Medical Services Regulatory Boarddeleted text end . When reviewing legislation or legislative proposals relating to the regulation of health occupations, the council shall include the commissioner of health or a designeenew text begin and the director of the Office of Emergency Medical Services or a designeenew text end .
new text begin This section is effective January 1, 2025. new text end
The governor may request that a health-related licensing board deleted text begin or the Emergency Medical Services Regulatory Boarddeleted text end review the performance of the board's executive director. Upon receipt of the request, the board must respond by establishing a performance improvement plan or taking disciplinary or other corrective action, including dismissal. The board shall include the governor's representative as a voting member of the board in the board's discussions and decisions regarding the governor's request. The board shall report to the governor on action taken by the board, including an explanation if no action is deemed necessary.
new text begin This section is effective January 1, 2025. new text end
Each health-related licensing boarddeleted text begin , including the Emergency Medical Services Regulatory Board under chapter 144E,deleted text end shall either conduct a health professionals service program under sections 214.31 to 214.37 or contract for a diversion program under section 214.28.
new text begin This section is effective January 1, 2025. new text end
Two or more of the health-related licensing boards listed in section 214.01, subdivision 2, may jointly conduct a health professionals services program to protect the public from persons regulated by the boards who are unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition. The program does not affect a board's authority to discipline violations of a board's practice act. deleted text begin For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board shall be included in the definition of a health-related licensing board under chapter 144E.deleted text end
new text begin This section is effective January 1, 2025. new text end
Each health-related licensing boarddeleted text begin , including the Emergency Medical Services Regulatory Board under chapter 144E,deleted text end shall consider it grounds for disciplinary action if a regulated person violates the terms of the health professionals services program participation agreement or leaves the program except upon fulfilling the terms for successful completion of the program as set forth in the participation agreement.
new text begin This section is effective January 1, 2025. new text end
"Ambulance service personnel" means individuals who are authorized by a licensed ambulance service to provide emergency care for the ambulance service and are:
(1) EMTs, AEMTs, or paramedics;
(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing nursing, and have deleted text begin passed a paramedic practical skills test, as approved by the board and administered by an educational program approved by the boarddeleted text end new text begin been approved by the ambulance service medical directornew text end ; (ii) on the roster of an ambulance service on or before January 1, 2000; deleted text begin ordeleted text end (iii) after petitioning the board, deemed by the board to have training and skills equivalent to an EMT, as determined on a case-by-case basis;new text begin or (iv) certified as a certified flight registered nurse or certified emergency nurse;new text end or
(3) Minnesota licensed physician assistants who are: (i) EMTs, are currently practicing as physician assistants, and have deleted text begin passed a paramedic practical skills test, as approved by the board and administered by an educational program approved by the boarddeleted text end new text begin been approved by the ambulance service medical directornew text end ; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after petitioning the board, deemed by the board to have training and skills equivalent to an EMT, as determined on a case-by-case basis.
(a) Except as provided in deleted text begin paragraph (f)deleted text end new text begin subdivision 6anew text end , a basic life-support ambulance shall be staffed by at least deleted text begin two EMTs, one of whom must accompany the patient and provide a level of care so as to ensure thatdeleted text end :
new text begin (1) one individual who is: new text end
new text begin (i) certified as an EMT; new text end
new text begin (ii) a Minnesota registered nurse who meets the qualification requirements in section 144E.001, subdivision 3a, clause (2); or new text end
new text begin (iii) a Minnesota licensed physician assistant who meets the qualification requirements in section 144E.001, subdivision 3a, clause (3); and new text end
new text begin (2) one individual to drive the ambulance who: new text end
new text begin (i) either meets one of the qualification requirements in clause (1) or is a registered emergency medical responder driver; and new text end
new text begin (ii) satisfies the requirements in subdivision 10. new text end
new text begin (b) An individual who meets one of the qualification requirements in paragraph (a), clause (1), must accompany the patient and provide a level of care so as to ensure that: new text end
(1) life-threatening situations and potentially serious injuries are recognized;
(2) patients are protected from additional hazards;
(3) basic treatment to reduce the seriousness of emergency situations is administered; and
(4) patients are transported to an appropriate medical facility for treatment.
deleted text begin (b)deleted text end new text begin (c)new text end A basic life-support service shall provide basic airway management.
deleted text begin (c)deleted text end new text begin (d)new text end A basic life-support service shall provide automatic defibrillation.
deleted text begin (d)deleted text end new text begin (e)new text end A basic life-support service shall administer opiate antagonists consistent with protocols established by the service's medical director.
deleted text begin (e)deleted text end new text begin (f)new text end A basic life-support service licensee's medical director may authorize ambulance service personnel to perform intravenous infusion and use equipment that is within the licensure level of the ambulance service. Ambulance service personnel must be properly trained. Documentation of authorization for use, guidelines for use, continuing education, and skill verification must be maintained in the licensee's files.
deleted text begin (f) For emergency ambulance calls and interfacility transfers, an ambulance service may staff its basic life-support ambulances with one EMT, who must accompany the patient, and one registered emergency medical responder driver. For purposes of this paragraph, "ambulance service" means either an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or an ambulance service based in a community with a population of less than 2,500. deleted text end
new text begin (a) Upon application from an ambulance service that includes evidence demonstrating hardship, the board may grant a variance from the staff requirements in subdivision 6, paragraph (a), and may authorize a basic life-support ambulance to be staffed, for all emergency calls and interfacility transfers, with one individual who meets the qualification requirements in paragraph (b) to drive the ambulance and one individual who meets one of the qualification requirements in subdivision 6, paragraph (a), clause (1), and who must accompany the patient. The variance applies to basic life-support ambulances until the ambulance service renews its license. When the variance expires, the ambulance service may apply for a new variance under this subdivision. new text end
new text begin (b) In order to drive an ambulance under a variance granted under this subdivision, an individual must: new text end
new text begin (1) hold a valid driver's license from any state; new text end
new text begin (2) have attended an emergency vehicle driving course approved by the ambulance service; new text end
new text begin (3) have completed a course on cardiopulmonary resuscitation approved by the ambulance service; and new text end
new text begin (4) register with the board according to a process established by the board. new text end
new text begin (c) If an individual serving as a driver under this subdivision commits or has a record of committing an act listed in section 144E.27, subdivision 5, paragraph (a), the board may temporarily suspend or prohibit the individual from driving an ambulance or place conditions on the individual's ability to drive an ambulance using the procedures and authority in section 144E.27, subdivisions 5 and 6. new text end
(a) Except as provided in paragraphs (f) and (g), an advanced life-support ambulance shall be staffed by at least:
(1) one EMT or one AEMT and one paramedic;
(2) one EMT or one AEMT and one registered nurse whonew text begin : (i)new text end is an EMT or an AEMT, is currently practicing nursing, and deleted text begin has passed a paramedic practical skills test approved by the board and administered by an education programdeleted text end new text begin has been approved by the ambulance service medical directornew text end ;new text begin or (ii) is certified as a certified flight registered nurse or certified emergency nurse;new text end or
(3) one EMT or one AEMT and one physician assistant who is an EMT or an AEMT, is currently practicing as a physician assistant, and deleted text begin has passed a paramedic practical skills test approved by the board and administered by an education programdeleted text end new text begin has been approved by the ambulance service medical directornew text end .
(b) An advanced life-support service shall provide basic life support, as specified under subdivision 6, paragraph deleted text begin (a)deleted text end new text begin (b)new text end , advanced airway management, manual defibrillation, administration of intravenous fluids and pharmaceuticals, and administration of opiate antagonists.
(c) In addition to providing advanced life support, an advanced life-support service may staff additional ambulances to provide basic life support according to subdivision 6 and section 144E.103, subdivision 1.
(d) An ambulance service providing advanced life support shall have a written agreement with its medical director to ensure medical control for patient care 24 hours a day, seven days a week. The terms of the agreement shall include a written policy on the administration of medical control for the service. The policy shall address the following issues:
(1) two-way communication for physician direction of ambulance service personnel;
(2) patient triage, treatment, and transport;
(3) use of standing orders; and
(4) the means by which medical control will be provided 24 hours a day.
The agreement shall be signed by the licensee's medical director and the licensee or the licensee's designee and maintained in the files of the licensee.
(e) When an ambulance service provides advanced life support, the authority of a paramedic, Minnesota registered nurse-EMT, or Minnesota registered physician assistant-EMT to determine the delivery of patient care prevails over the authority of an EMT.
(f) Upon application from an ambulance service that includes evidence demonstrating hardship, the board may grant a variance from the staff requirements in paragraph (a), clause (1), and may authorize an advanced life-support ambulance to be staffed by a registered emergency medical responder driver with a paramedic for all emergency calls and interfacility transfers. The variance shall apply to advanced life-support ambulance services until the ambulance service renews its license. When the variance expires, an ambulance service may apply for a new variance under this paragraph. deleted text begin This paragraph applies only to an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance service based in a community with a population of less than 1,000 persons.deleted text end
(g) After an initial emergency ambulance call, each subsequent emergency ambulance response, until the initial ambulance is again available, and interfacility transfers, may be staffed by one registered emergency medical responder driver and an EMT or paramedic. deleted text begin This paragraph applies only to an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance service based in a community with a population of less than 1,000 persons.deleted text end
new text begin (h) An individual who staffs an advanced life-support ambulance as a driver must also meet the requirements in subdivision 10. new text end
(a) The board may renew the registration of an emergency medical responder who:
(1) successfully completes a board-approved refresher course; deleted text begin anddeleted text end
new text begin (2) successfully completes a course in cardiopulmonary resuscitation approved by the board or by the licensee's medical director. This course may be a component of a board-approved refresher course; and new text end
deleted text begin (2)deleted text end new text begin (3)new text end submits a completed renewal application to the board before the registration expiration date.
(b) The board may renew the lapsed registration of an emergency medical responder who:
(1) successfully completes a board-approved refresher course; deleted text begin anddeleted text end
new text begin (2) successfully completes a course in cardiopulmonary resuscitation approved by the board or by the licensee's medical director. This course may be a component of a board-approved refresher course; and new text end
deleted text begin (2)deleted text end new text begin (3)new text end submits a completed renewal application to the board within deleted text begin 12deleted text end new text begin 48new text end months after the registration expiration date.
(a) new text begin This subdivision applies to individuals seeking registration or registered as an emergency medical responder and to individuals seeking registration or registered as a driver of a basic life-support ambulance under section 144E.101, subdivision 6a. new text end The board may deny, suspend, revoke, place conditions on, or refuse to renew the registration of an individual who the board determines:
(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, an agreement for corrective action, or an order that the board issued or is otherwise empowered to enforce;
(2) misrepresents or falsifies information on an application form for registration;
(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol;
(4) is actually or potentially unable to provide emergency medical services new text begin or drive an ambulance new text end with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as a result of any mental or physical condition;
(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of the public;
(6) maltreats or abandons a patient;
(7) violates any state or federal controlled substance law;
(8) engages in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established;
(9) new text begin for emergency medical responders, new text end provides emergency medical services under lapsed or nonrenewed credentials;
(10) is subject to a denial, corrective, disciplinary, or other similar action in another jurisdiction or by another regulatory authority;
(11) engages in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient; or
(12) makes a false statement or knowingly provides false information to the board, or fails to cooperate with an investigation of the board as required by section 144E.30.
(b) Before taking action under paragraph (a), the board shall give notice to an individual of the right to a contested case hearing under chapter 14. If an individual requests a contested case hearing within 30 days after receiving notice, the board shall initiate a contested case hearing according to chapter 14.
(c) The administrative law judge shall issue a report and recommendation within 30 days after closing the contested case hearing record. The board shall issue a final order within 30 days after receipt of the administrative law judge's report.
(d) After six months from the board's decision to deny, revoke, place conditions on, or refuse renewal of an individual's registration for disciplinary action, the individual shall have the opportunity to apply to the board for reinstatement.
(a) new text begin This subdivision applies to emergency medical responders registered under this section and to individuals registered as drivers of basic life-support ambulances under section 144E.101, subdivision 6a. new text end In addition to any other remedy provided by law, the board may temporarily suspend the registration of an individual after conducting a preliminary inquiry to determine whether the board believes that the individual has violated a statute or rule that the board is empowered to enforce and determining that the continued provision of service by the individual would create an imminent risk to public health or harm to others.
(b) A temporary suspension order prohibiting an individual from providing emergency medical care new text begin or from driving a basic life-support ambulance new text end shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state the reasons for the entry of the temporary suspension order.
(c) Service of a temporary suspension order is effective when the order is served on the individual 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 individual.
(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, that shall begin within 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 a hearing from the individual, whichever is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under this paragraph is not subject to chapter 14.
(e) Evidence presented by the board or the individual may be in the form of an affidavit. The individual or the individual's designee may appear for oral argument.
(f) Within five working days of the hearing, the board shall issue its order and, if the suspension is continued, notify the individual of the right to a contested case hearing under chapter 14.
(g) If an individual requests a contested case hearing within 30 days after receiving notice under paragraph (f), the board shall initiate a contested case hearing according to chapter 14. 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.
The board may certify an individual who possesses a current National Registry of Emergency Medical Technicians deleted text begin registrationdeleted text end new text begin certificationnew text end from another jurisdiction if the individual submits a board-approved application form. The board certification classification shall be the same as the National Registry's classification. Certification shall be for the duration of the applicant's deleted text begin registrationdeleted text end new text begin certificationnew text end period in another jurisdiction, not to exceed two years.
(a) Within four years of a certification expiration date, a person whose certification has expired under subdivision 7, paragraph (d), may have the certification reinstated upon submission of:
(1) evidence to the board of training equivalent to the continuing education requirements of subdivision 7new text begin or, for community paramedics, evidence to the board of training equivalent to the continuing education requirements of subdivision 9, paragraph (c)new text end ; and
(2) a board-approved application form.
(b) If more than four years have passed since a certificate expiration date, an applicant must complete the initial certification process required under subdivision 1.
new text begin (c) Beginning July 1, 2024, through December 31, 2025, and notwithstanding paragraph (b), a person whose certification as an EMT, AEMT, paramedic, or community paramedic expired more than four years ago but less than ten years ago may have the certification reinstated upon submission of: new text end
new text begin (1) evidence to the board of the training required under paragraph (a), clause (1). This training must have been completed within the 24 months prior to the date of the application for reinstatement; new text end
new text begin (2) a board-approved application form; and new text end
new text begin (3) a recommendation from an ambulance service medical director. new text end
new text begin This paragraph expires December 31, 2025. new text end
(a) All education programs for an new text begin EMR, new text end EMT, AEMT, or paramedic must be approved by the board.
(b) To be approved by the board, an education program must:
(1) submit an application prescribed by the board that includes:
(i) type deleted text begin and lengthdeleted text end of course to be offered;
(ii) names, addresses, and qualifications of the program medical director, program education coordinator, and instructors;
deleted text begin (iii) names and addresses of clinical sites, including a contact person and telephone number; deleted text end
deleted text begin (iv)deleted text end new text begin (iii)new text end admission criteria for students; and
deleted text begin (v)deleted text end new text begin (iv)new text end materials and equipment to be used;
(2) for each course, implement the most current version of the United States Department of Transportation EMS Education Standards, or its equivalent as determined by the board applicable to new text begin EMR, new text end EMT, AEMT, or paramedic education;
(3) have a program medical director and a program coordinator;
(4) utilize instructors who meet the requirements of section 144E.283 for teaching at least 50 percent of the course content. The remaining 50 percent of the course may be taught by guest lecturers approved by the education program coordinator or medical director;
deleted text begin (5) have at least one instructor for every ten students at the practical skill stations; deleted text end
deleted text begin (6) maintain a written agreement with a licensed hospital or licensed ambulance service designating a clinical training site; deleted text end
deleted text begin (7)deleted text end new text begin (5)new text end retain documentation of program approval by the board, course outline, and student information;
deleted text begin (8)deleted text end new text begin (6)new text end notify the board of the starting date of a course prior to the beginning of a course;new text begin andnew text end
deleted text begin (9)deleted text end new text begin (7)new text end submit the appropriate fee as required under section 144E.29deleted text begin ; anddeleted text end new text begin .new text end
deleted text begin (10) maintain a minimum average yearly pass rate as set by the board on an annual basis. The pass rate will be determined by the percent of candidates who pass the exam on the first attempt. An education program not meeting this yearly standard shall be placed on probation and shall be on a performance improvement plan approved by the board until meeting the pass rate standard. While on probation, the education program may continue providing classes if meeting the terms of the performance improvement plan as determined by the board. If an education program having probation status fails to meet the pass rate standard after two years in which an EMT initial course has been taught, the board may take disciplinary action under subdivision 5. deleted text end
new text begin The National EMS Education Standards established by the National Highway Traffic Safety Administration of the United States Department of Transportation specify the minimum requirements for knowledge and skills for emergency medical responders. An education program applying for approval to teach EMRs must comply with the requirements under subdivision 1, paragraph (b). A medical director of an emergency medical responder group may establish additional knowledge and skill requirements for EMRs. new text end
new text begin In addition to the requirements under subdivision 1, paragraph (b), an education program applying for approval to teach EMTs must: new text end
new text begin (1) include in the application prescribed by the board the names and addresses of clinical sites, including a contact person and telephone number; new text end
new text begin (2) maintain a written agreement with at least one clinical training site that is of a type recognized by the National EMS Education Standards established by the National Highway Traffic Safety Administration; and new text end
new text begin (3) maintain a minimum average yearly pass rate as set by the board. An education program not meeting this standard must be placed on probation and must comply with a performance improvement plan approved by the board until the program meets the pass-rate standard. While on probation, the education program may continue to provide classes if the program meets the terms of the performance improvement plan, as determined by the board. If an education program that is on probation status fails to meet the pass-rate standard after two years in which an EMT initial course has been taught, the board may take disciplinary action under subdivision 5. new text end
(a) In addition to the requirements under subdivision 1, paragraph (b), an education program applying for approval to teach AEMTs and paramedics mustnew text begin :new text end
new text begin (1)new text end be administered by an educational institution accredited by the Commission of Accreditation of Allied Health Education Programs (CAAHEP)deleted text begin .deleted text end new text begin ;new text end
new text begin (2) include in the application prescribed by the board the names and addresses of clinical sites, including a contact person and telephone number; and new text end
new text begin (3) maintain a written agreement with a licensed hospital or licensed ambulance service designating a clinical training site. new text end
(b) An AEMT and paramedic education program that is administered by an educational institution not accredited by CAAHEP, but that is in the process of completing the accreditation process, may be granted provisional approval by the board upon verification of submission of its self-study report and the appropriate review fee to CAAHEP.
(c) An educational institution that discontinues its participation in the accreditation process must notify the board immediately and provisional approval shall be withdrawn.
deleted text begin (d) This subdivision does not apply to a paramedic education program when the program is operated by an advanced life-support ambulance service licensed by the Emergency Medical Services Regulatory Board under this chapter, and the ambulance service meets the following criteria: deleted text end
deleted text begin (1) covers a rural primary service area that does not contain a hospital within the primary service area or contains a hospital within the primary service area that has been designated as a critical access hospital under section 144.1483, clause (9); deleted text end
deleted text begin (2) has tax-exempt status in accordance with the Internal Revenue Code, section 501(c)(3); deleted text end
deleted text begin (3) received approval before 1991 from the commissioner of health to operate a paramedic education program; deleted text end
deleted text begin (4) operates an AEMT and paramedic education program exclusively to train paramedics for the local ambulance service; and deleted text end
deleted text begin (5) limits enrollment in the AEMT and paramedic program to five candidates per biennium. deleted text end
An education program shall apply to the board for reapproval at least deleted text begin three monthsdeleted text end new text begin 30 daysnew text end prior to the expiration date of its approval and must:
(1) submit an application prescribed by the board specifying any changes from the information provided for prior approval and any other information requested by the board to clarify incomplete or ambiguous information presented in the application; deleted text begin anddeleted text end
(2) comply with the requirements under subdivision 1, paragraph (b), clauses (2) to deleted text begin (10).deleted text end new text begin (7);new text end
new text begin (3) be subject to a site visit by the board; new text end
new text begin (4) for education programs that teach EMRs, comply with the requirements in subdivision 1a; new text end
new text begin (5) for education programs that teach EMTs, comply with the requirements in subdivision 1b; and new text end
new text begin (6) for education programs that teach AEMTs and paramedics, comply with the requirements in subdivision 2 and maintain accreditation with CAAHEP. new text end
new text begin Minnesota Statutes 2022, section 144E.27, subdivisions 1 and 1a, new text end new text begin are repealed. new text end
new text begin (a) For purposes of this section, the following terms have the meanings given. new text end
new text begin (b) "Ambulance service" has the meaning given in Minnesota Statutes, section 144E.001, subdivision 3. new text end
new text begin (c) "Board" means the Emergency Medical Services Regulatory Board. new text end
new text begin (d) "Capital expenses" means expenses that are incurred by a licensed ambulance service provider for the purchase, improvement, or maintenance of long-term assets to improve the efficiency or capability of the ambulance services, with an expected useful life of greater than five years. new text end
new text begin (e) "Commissioner" means the commissioner of revenue. new text end
new text begin (f) "EMS responses" means the number of responses provided within a primary service area during calendar year 2023 by the licensed ambulance service provider designated to serve the primary service area as reported by the provider to the board via the Minnesota state ambulance reporting system. new text end
new text begin (g) "Licensed ambulance service provider" or "provider" means a natural person, partnership, association, corporation, Tribal government, or unit of government that possesses an ambulance service license under Minnesota Statutes, chapter 144E. new text end
new text begin (h) "Metropolitan county" means a metropolitan county listed in Minnesota Statutes, section 473.121, subdivision 4. new text end
new text begin (i) "Multiple license holder" means a licensed ambulance service provider, a licensed ambulance service provider's parent company, a subsidiary of the licensed ambulance service provider, or a subsidiary of the licensed ambulance service provider's parent company that collectively holds more than one license. new text end
new text begin (j) "Nonexcluded license" means a license that is not excluded under subdivision 3 from receiving aid under this section. new text end
new text begin (k) "Operational expenses" means costs related to personnel expenses, supplies and equipment, fuel, vehicle maintenance, travel, education, fundraising, and expenses associated with obtaining advanced life support intercepts. new text end
new text begin (l) "Primary service area" has the meaning given in Minnesota Statutes, section 144E.001, subdivision 10. new text end
new text begin (m) "Response density" means the quotient of EMS responses divided by the square mileage of the primary service area. new text end
new text begin (n) "Unit of government" means a county, a statutory or home rule charter city, or a township. new text end
new text begin The commissioner, in coordination with the executive director of the board, must exclude EMS responses by a specialized life support service as described in Minnesota Statutes, section 144E.101, subdivision 9, when calculating EMS responses, response density, and aid payments under this section. new text end
new text begin (a) Except as provided under paragraph (b), all licenses held by a multiple license holder are ineligible for aid payments under this section if any license held by a multiple license holder is designated to serve a primary service area, any portion of which is located within the cities of Duluth, Mankato, Moorhead, Rochester, or St. Cloud, or a metropolitan county. new text end
new text begin (b) For a multiple license holder affiliated with a private, nonprofit adult hospital that is located in Hennepin County and designated by the commissioner of health as a level I trauma hospital, only the licenses held by the multiple license holder and located entirely within one or more metropolitan counties are ineligible for aid payments under this section. new text end
new text begin A licensed ambulance service provider is eligible for aid under this section if the licensed ambulance service provider: new text end
new text begin (1) possessed a nonexcluded license in calendar year 2022; new text end
new text begin (2) continues to operate under the nonexcluded license during calendar year 2024; and new text end
new text begin (3) completes the requirements under subdivision 5. new text end
new text begin (a) An eligible licensed ambulance service provider may apply to the commissioner, in the form and manner determined by the commissioner, for aid under this section. Applications must be submitted by September 16, 2024. The commissioner may require an eligible licensed ambulance service provider to submit any information necessary, including financial statements, to make the calculations under subdivision 6. An eligible licensed ambulance service provider who applies for aid under this section must provide a copy of the application to the executive director of the board by September 16, 2024. new text end
new text begin (b) The commissioner and the executive director of the board must establish a process for verifying the data submitted with applications under this section. By September 20, 2024, for each eligible licensed ambulance service provider that applies for aid under paragraph (a), the executive director of the board must certify the following information to the commissioner: new text end
new text begin (1) EMS responses by primary service area reported for calendar year 2023; new text end
new text begin (2) EMS responses by primary service area reported for calendar year 2023 that were provided by a specialized life support service; new text end
new text begin (3) information necessary to determine the location of each primary service area, including municipalities served; and new text end
new text begin (4) the square mileage of each primary service area as of January 1, 2024. new text end
new text begin (a) Prior to determining an aid payment amount for eligible licensed ambulance service providers, the commissioner, in coordination with the executive director of the board, must make the calculations in paragraphs (b) to (d). new text end
new text begin (b) The commissioner must determine the amount equal to dividing 20 percent of the amount appropriated for aid payments under this section equally among all eligible licensed ambulance service providers who possess at least one nonexcluded license. Eligible licensed ambulance service providers who possess only one nonexcluded license do not qualify for a payment under this paragraph if the nonexcluded license has a response density greater than 30. new text end
new text begin (c) For each nonexcluded license with a response density less than or equal to 30 held by an eligible licensed ambulance service provider, the commissioner must determine the amount equal to the product of 40 percent of the amount appropriated for aid payments under this section multiplied by the quotient of the square mileage of the primary service area served under the nonexcluded license divided by the total square mileage of all primary service areas served under nonexcluded licenses. new text end
new text begin (d) For each nonexcluded license with a response density less than or equal to 30 held by an eligible licensed ambulance service provider, the commissioner must determine the amount equal to the product of 40 percent of the amount appropriated for aid payments under this section multiplied by the quotient of the number of points determined under clauses (1) to (4) for each nonexcluded license with a response density less than or equal to 30 divided by the total points determined under clauses (1) to (4) for all nonexcluded licenses with a response density less than or equal to 30 held by eligible licensed ambulance service providers. For calculations under this paragraph, the commissioner must determine points as follows: new text end
new text begin (1) for EMS response one to EMS response 500, a nonexcluded license is awarded ten points for each EMS response; new text end
new text begin (2) for EMS response 501 to EMS response 1,500, a nonexcluded license is awarded five points for each EMS response; new text end
new text begin (3) for EMS response 1,501 to EMS response 2,500, a nonexcluded license is awarded zero points for each EMS response; and new text end
new text begin (4) for EMS response 2,501 and each subsequent EMS response, a nonexcluded license's points are reduced by two points for each EMS response, except a nonexcluded license's total awarded points must not be reduced below zero. new text end
new text begin The commissioner must make an aid payment to each eligible licensed ambulance service provider in the amount equal to the sum of the amounts calculated in subdivision 6, paragraphs (b) to (d), for each nonexcluded license held by the eligible licensed ambulance service. new text end
new text begin A licensed ambulance service provider must spend aid received under this section on operational expenses and capital expenses incurred to provide ambulance services within the licensed ambulance service provider's primary service area that is located in Minnesota. new text end
new text begin (a) The commissioner, in coordination with the executive director of the board, must certify the aid amount to each licensed ambulance service provider by December 1, 2024. new text end
new text begin (b) The commissioner must make the full aid payment to each eligible licensed ambulance service provider by December 26, 2024. new text end
new text begin (c) Any funds not spent on or encumbered for eligible uses by December 31, 2025, must be returned to the commissioner and cancel to the general fund. new text end
new text begin By February 15, 2026, each licensed ambulance service provider that receives aid under this section must submit a report to the commissioner, the executive director of the board, and the chairs and ranking minority members of the legislative committees with jurisdiction over taxes and property taxes. The report must include the amount of aid that each licensed ambulance service provider received, the amount of aid that was spent on or encumbered for operational expenses, the amount of aid that was spent on or encumbered for capital expenses, and documentation sufficient to establish that awarded aid was spent on or encumbered for eligible uses as defined in subdivision 8. The executive director of the board may request financial statements or other information necessary to verify that aid was spent on eligible uses. new text end
new text begin (a) $24,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of revenue for aid payments under this section. new text end
new text begin (b) Of the amount in paragraph (a), the commissioner may retain up to $60,000 for administrative costs related to aid under this section. new text end
new text begin (c) This is a onetime appropriation. new text end
new text begin This section is effective for aids payable in 2024. new text end
Presented to the governor May 22, 2024
Signed by the governor May 23, 2024, 8:12 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes