1.1 	A bill for an act
1.2 	relating to health; establishing an Office of Emergency Medical Services to replace 
1.3 	the Emergency Medical Services Regulatory Board; specifying duties for the 
1.4 	office; transferring duties; establishing an advisory council; making conforming 
1.5 	changes;amending Minnesota Statutes 2022, sections 62J.49, subdivision 1; 
1.6 	144E.001, by adding subdivisions; 144E.16, subdivision 5; 144E.19, subdivision 
1.7 	3; 144E.27, subdivision 5; 144E.28, subdivisions 5, 6; 144E.285, subdivision 6; 
1.8 	144E.287; 144E.305, subdivision 3; 214.025; 214.04, subdivision 2a; 214.29; 
1.9 	214.31; 214.355; Minnesota Statutes 2023 Supplement, sections 15A.0815, 
1.10 	subdivision 2; 43A.08, subdivision 1a; 152.126, subdivision 6; proposing coding 
1.11 	for new law in Minnesota Statutes, chapter 144E; repealing Minnesota Statutes 
1.12 	2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; 
1.13 	144E.50, subdivision 3.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	OFFICE OF EMERGENCY MEDICAL SERVICES

1.17 	Section 1. Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision 
1.18 	to read:
1.19 		Subd. 16.Advisory council. "Advisory council" means the Emergency Medical Services 
1.20 	Advisory Council.

1.21 	EFFECTIVE DATE. This section is effective January 1, 2025.

1.22 	Sec. 2. Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision 
1.23 	to read:
1.24 		Subd. 17.Director. "Director" means the director of the Office of Emergency Medical 
1.25 	Services.

2.1 	EFFECTIVE DATE. This section is effective January 1, 2025.

2.2 	Sec. 3. Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision 
2.3 	to read:
2.4 		Subd. 18.Office. "Office" means the Office of Emergency Medical Services.

2.5 	EFFECTIVE DATE. This section is effective January 1, 2025.

2.6 	Sec. 4. [144E.011] OFFICE OF EMERGENCY MEDICAL SERVICES.
2.7 		Subdivision 1.Establishment. The Office of Emergency Medical Services is established 
2.8 	with the powers and duties established in law. In administering this chapter, the office must 
2.9 	promote the public health and welfare, protect the safety of the public, and effectively 
2.10 	regulate and support the operation of the emergency medical services system in this state.
2.11 		Subd. 2.Director. The governor must appoint a director for the office with the advice 
2.12 	and consent of the senate. The director must be in the unclassified service and must serve 
2.13 	at the pleasure of the governor. The salary of the director shall be determined according to 
2.14 	section 15A.0815. The director shall direct the activities of the office.
2.15 		Subd. 3.Powers and duties. The director has the following powers and duties:
2.16 	(1) to administer and enforce this chapter and adopt rules as needed to implement this 
2.17 	chapter. Rules for which notice is published in the State Register before July 1, 2026, may 
2.18 	be adopted using the expedited rulemaking process in section 14.389;
2.19 	(2) to license ambulance services in the state and regulate their operation;
2.20 	(3) to establish and modify primary service areas;
2.21 	(4) to designate an ambulance service as authorized to provide service in a primary 
2.22 	service area and to remove an ambulance service's authorization to provide service in a 
2.23 	primary service area;
2.24 	(5) to register medical response units in the state and regulate their operation;
2.25 	(6) to certify emergency medical technicians, advanced emergency medical technicians, 
2.26 	community emergency medical technicians, paramedics, and community paramedics and 
2.27 	to register emergency medical responders;
2.28 	(7) to approve education programs for ambulance service personnel and emergency 
2.29 	medical responders and to administer qualifications for instructors of education programs;
2.30 	(8) to administer grant programs related to emergency medical services;
3.1 	(9) to make recommendations to the legislature on improving access to emergency 
3.2 	medical services, improving service delivery by ambulance services and medical response 
3.3 	units, and improving the effectiveness of the state's emergency medical services system;
3.4 	(10) to investigate complaints against and hold hearings regarding ambulance services, 
3.5 	ambulance service personnel, and emergency medical responders and to impose disciplinary 
3.6 	action or otherwise resolve complaints; and
3.7 	(11) to perform other duties related to the provision of emergency medical services in 
3.8 	the state.
3.9 		Subd. 4.Employees. The director may employ personnel in the classified service and 
3.10 	unclassified personnel as necessary to carry out the duties of this chapter.
3.11 		Subd. 5.Work plan. The director must prepare a work plan to guide the work of the 
3.12 	office. The work plan must be updated biennially.

3.13 	EFFECTIVE DATE. This section is effective January 1, 2025.

3.14 	Sec. 5. [144E.03] EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL.
3.15 		Subdivision 1.Establishment; membership. The Emergency Medical Services Advisory 
3.16 	Council is established and consists of the following members:
3.17 	(1) one emergency medical technician currently practicing with a licensed ambulance 
3.18 	service, appointed by the Minnesota Ambulance Association;
3.19 	(2) one paramedic currently practicing with a licensed ambulance service or a medical 
3.20 	response unit, appointed jointly by the Minnesota Professional Fire Fighters Association 
3.21 	and the Minnesota Ambulance Association;
3.22 	(3) one medical director of a licensed ambulance service, appointed by the Minnesota 
3.23 	Ambulance Association;
3.24 	(4) one firefighter currently serving as an emergency medical responder, appointed by 
3.25 	the Minnesota State Fire Chiefs Association;
3.26 	(5) one registered nurse who is certified or currently practicing as a flight nurse, appointed 
3.27 	by the Board of Nursing;
3.28 	(6) one hospital administrator, appointed by the Minnesota Hospital Association;
3.29 	(7) one social worker, appointed by the Board of Social Work;
3.30 	(8) one member of a federally recognized Tribal Nation in Minnesota, appointed by the 
3.31 	Minnesota Indian Affairs Council;
4.1 	(9) three public members, appointed by the governor; and
4.2 	(10) one member of the house of representatives and one member of the senate, appointed 
4.3 	according to subdivision 2.
4.4 		Subd. 2.Legislative members. The speaker of the house must appoint one member of 
4.5 	the house of representatives to serve on the advisory council and the senate majority leader 
4.6 	must appoint one member of the senate to serve on the advisory council. Legislative members 
4.7 	appointed under this subdivision serve until successors are appointed. Legislative members 
4.8 	may receive per diem compensation and reimbursement for expenses according to the rules 
4.9 	of their respective bodies.
4.10 		Subd. 3.Terms, compensation, removal, vacancies, and expiration. Compensation 
4.11 	and reimbursement for expenses for members appointed under subdivision 1, clauses (1) 
4.12 	to (9); removal of members; filling of vacancies of members; and, except for initial 
4.13 	appointments, membership terms are governed by section 15.059. Notwithstanding section 
4.14 	15.059, subdivision 6, the advisory council does not expire.
4.15 		Subd. 4.Officers; meetings. (a) The advisory council must elect a chair and vice-chair 
4.16 	from among its membership and may elect other officers as the advisory council deems 
4.17 	necessary.
4.18 	(b) The advisory council must meet quarterly or at the call of the chair.
4.19 	(c) Meetings of the advisory council are subject to chapter 13D.
4.20 		Subd. 5.Duties. The advisory council must review and make recommendations to the 
4.21 	director on the administration of this chapter; the regulation of ambulance services, 
4.22 	ambulance service personnel, medical response units, and emergency medical responders; 
4.23 	the operation of the emergency medical services system in the state; and other topics as 
4.24 	directed by the director.

4.25 	EFFECTIVE DATE. This section is effective January 1, 2025.

4.26 	Sec. 6. [144E.035] EMERGENCY MEDICAL SERVICES PHYSICIAN ADVISORY 
4.27 	COMMITTEE.
4.28 		Subdivision 1.Establishment; membership. The Emergency Medical Services Physician 
4.29 	Advisory Committee is established as a standing committee of the Emergency Medical 
4.30 	Services Advisory Council and shall consist of the following members:
5.1 	(1) eight physicians who meet the qualifications for medical directors in section 144E.265, 
5.2 	subdivision 1, with one physician appointed by each of the regional emergency medical 
5.3 	services systems designated under section 144E.50, subdivision 5;
5.4 	(2) one physician who meets the qualifications for medical directors in section 144E.265, 
5.5 	subdivision 1, appointed by the Minnesota State Fire Chiefs Association;
5.6 	(3) one physician who is board-certified in pediatrics, appointed by the Minnesota 
5.7 	Emergency Medical Services for Children program; and
5.8 	(4) the medical director member of the Emergency Medical Services Advisory Council 
5.9 	appointed under section 144E.03, subdivision 1, clause (3).
5.10 		Subd. 2.Terms, compensation, removal, vacancies, and expiration. Compensation 
5.11 	and reimbursement for expenses, removal of members, filling of vacancies of members, 
5.12 	and, except for initial appointments, membership terms are governed by section 15.059. 
5.13 	Notwithstanding section 15.059, subdivision 6, the advisory committee shall not expire.
5.14 		Subd. 3.Officers; meetings. (a) The advisory committee must elect a chair and vice-chair 
5.15 	from among its membership and may elect other officers as it deems necessary.
5.16 	(b) The advisory committee must meet twice per year or upon the call of the chair.
5.17 	(c) Meetings of the advisory committee are subject to chapter 13D.
5.18 		Subd. 4.Duties. The advisory committee must:
5.19 	(1) review and make recommendations to the advisory council on clinical aspects of 
5.20 	prehospital medical care. In doing so, the advisory committee must incorporate information 
5.21 	from medical literature, advances in bedside clinical practice, and advisory committee 
5.22 	member experience; and
5.23 	(2) serve as subject matter experts for the advisory council and the director on evolving 
5.24 	topics in clinical medicine, including but not limited to infectious disease, pharmaceutical 
5.25 	and equipment shortages, and implementation of new therapeutics.

5.26 	EFFECTIVE DATE. This section is effective January 1, 2025.

5.27 	Sec. 7. Minnesota Statutes 2022, section 144E.16, subdivision 5, is amended to read:
5.28 		Subd. 5.Local government's powers. (a) Local units of government may, with the 
5.29 	approval of the ~~board~~ director, establish standards for ambulance services which impose 
5.30 	additional requirements upon such services. Local units of government intending to impose 
6.1 	additional requirements shall consider whether any benefit accruing to the public health 
6.2 	would outweigh the costs associated with the additional requirements.
6.3 	(b) Local units of government that desire to impose additional requirements shall, prior 
6.4 	to adoption of relevant ordinances, rules, or regulations, furnish the ~~board~~ director with a 
6.5 	copy of the proposed ordinances, rules, or regulations, along with information that 
6.6 	affirmatively substantiates that the proposed ordinances, rules, or regulations:
6.7 	(1) will in no way conflict with the relevant rules of the ~~board~~ office;
6.8 	(2) will establish additional requirements tending to protect the public health;
6.9 	(3) will not diminish public access to ambulance services of acceptable quality; and
6.10 	(4) will not interfere with the orderly development of regional systems of emergency 
6.11 	medical care.
6.12 	(c) The ~~board~~ director shall base any decision to approve or disapprove local standards 
6.13 	upon whether or not the local unit of government in question has affirmatively substantiated 
6.14 	that the proposed ordinances, rules, or regulations meet the criteria specified in paragraph 
6.15 	(b).

6.16 	EFFECTIVE DATE. This section is effective January 1, 2025.

6.17 	Sec. 8. Minnesota Statutes 2022, section 144E.19, subdivision 3, is amended to read:
6.18 		Subd. 3.Temporary suspension. (a) In addition to any other remedy provided by law, 
6.19 	the ~~board~~ director may temporarily suspend the license of a licensee after conducting a 
6.20 	preliminary inquiry to determine whether the ~~board~~director believes that the licensee has 
6.21 	violated a statute or rule that the ~~board~~ director is empowered to enforce and determining 
6.22 	that the continued provision of service by the licensee would create an imminent risk to 
6.23 	public health or harm to others.
6.24 	(b) A temporary suspension order prohibiting a licensee from providing ambulance 
6.25 	service shall give notice of the right to a preliminary hearing according to paragraph (d) 
6.26 	and shall state the reasons for the entry of the temporary suspension order.
6.27 	(c) Service of a temporary suspension order is effective when the order is served on the 
6.28 	licensee personally or by certified mail, which is complete upon receipt, refusal, or return 
6.29 	for nondelivery to the most recent address provided to the ~~board~~ director for the licensee.
6.30 	(d) At the time the ~~board~~ director issues a temporary suspension order, the ~~board~~ director
6.31 	shall schedule a hearing~~, to be held before a group of its members designated by the board,~~
6.32 	that shall begin within 60 days after issuance of the temporary suspension order or within 
7.1 	15 working days of the date of the ~~board's~~ director's receipt of a request for a hearing from 
7.2 	a licensee, whichever is sooner. The hearing shall be on the sole issue of whether there is 
7.3 	a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under 
7.4 	this paragraph is not subject to chapter 14.
7.5 	(e) Evidence presented by the ~~board~~ director or licensee may be in the form of an affidavit. 
7.6 	The licensee or the licensee's designee may appear for oral argument.
7.7 	(f) Within five working days of the hearing, the ~~board~~ director shall issue its order and, 
7.8 	if the suspension is continued, notify the licensee of the right to a contested case hearing 
7.9 	under chapter 14.
7.10 	(g) If a licensee requests a contested case hearing within 30 days after receiving notice 
7.11 	under paragraph (f), the ~~board~~director shall initiate a contested case hearing according to 
7.12 	chapter 14. The administrative law judge shall issue a report and recommendation within 
7.13 	30 days after the closing of the contested case hearing record. The ~~board~~ director shall issue 
7.14 	a final order within 30 days after receipt of the administrative law judge's report.

7.15 	EFFECTIVE DATE. This section is effective January 1, 2025.

7.16 	Sec. 9. Minnesota Statutes 2022, section 144E.27, subdivision 5, is amended to read:
7.17 		Subd. 5.Denial, suspension, revocation. (a) The ~~board~~director may deny, suspend, 
7.18 	revoke, place conditions on, or refuse to renew the registration of an individual who the 
7.19 	~~board~~director determines:
7.20 	(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, an 
7.21 	agreement for corrective action, or an order that the ~~board~~director issued or is otherwise 
7.22 	empowered to enforce;
7.23 	(2) misrepresents or falsifies information on an application form for registration;
7.24 	(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor 
7.25 	relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any 
7.26 	misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or 
7.27 	alcohol;
7.28 	(4) is actually or potentially unable to provide emergency medical services with 
7.29 	reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals, 
7.30 	or any other material, or as a result of any mental or physical condition;
8.1 	(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive, 
8.2 	defraud, or harm the public, or demonstrating a willful or careless disregard for the health, 
8.3 	welfare, or safety of the public;
8.4 	(6) maltreats or abandons a patient;
8.5 	(7) violates any state or federal controlled substance law;
8.6 	(8) engages in unprofessional conduct or any other conduct which has the potential for 
8.7 	causing harm to the public, including any departure from or failure to conform to the 
8.8 	minimum standards of acceptable and prevailing practice without actual injury having to 
8.9 	be established;
8.10 	(9) provides emergency medical services under lapsed or nonrenewed credentials;
8.11 	(10) is subject to a denial, corrective, disciplinary, or other similar action in another 
8.12 	jurisdiction or by another regulatory authority;
8.13 	(11) engages in conduct with a patient that is sexual or may reasonably be interpreted 
8.14 	by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning 
8.15 	to a patient; ~~or~~
8.16 	(12) makes a false statement or knowingly provides false information to the ~~board~~
8.17 	director, or fails to cooperate with an investigation of the ~~board~~director as required by 
8.18 	section 144E.30~~.~~; or
8.19 	(13) fails to engage with the health professionals services program or diversion program 
8.20 	required under section 144E.287 after being referred to the program, violates the terms of 
8.21 	the program participation agreement, or leaves the program except upon fulfilling the terms 
8.22 	for successful completion of the program as set forth in the participation agreement.
8.23 	(b) Before taking action under paragraph (a), the ~~board~~director shall give notice to an 
8.24 	individual of the right to a contested case hearing under chapter 14. If an individual requests 
8.25 	a contested case hearing within 30 days after receiving notice, the ~~board~~director shall initiate 
8.26 	a contested case hearing according to chapter 14.
8.27 	(c) The administrative law judge shall issue a report and recommendation within 30 
8.28 	days after closing the contested case hearing record. The ~~board~~director shall issue a final 
8.29 	order within 30 days after receipt of the administrative law judge's report.
8.30 	(d) After six months from the ~~board's~~director's decision to deny, revoke, place conditions 
8.31 	on, or refuse renewal of an individual's registration for disciplinary action, the individual 
8.32 	shall have the opportunity to apply to the ~~board~~director for reinstatement.

9.1 	EFFECTIVE DATE. This section is effective January 1, 2025.

9.2 	Sec. 10. Minnesota Statutes 2022, section 144E.28, subdivision 5, is amended to read:
9.3 		Subd. 5.Denial, suspension, revocation. (a) The ~~board~~director may deny certification 
9.4 	or take any action authorized in subdivision 4 against an individual who the ~~board~~director 
9.5 	determines:
9.6 	(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, or 
9.7 	an order that the ~~board~~director issued or is otherwise authorized or empowered to enforce, 
9.8 	or agreement for corrective action;
9.9 	(2) misrepresents or falsifies information on an application form for certification;
9.10 	(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor 
9.11 	relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any 
9.12 	misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or 
9.13 	alcohol;
9.14 	(4) is actually or potentially unable to provide emergency medical services with 
9.15 	reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals, 
9.16 	or any other material, or as a result of any mental or physical condition;
9.17 	(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive, 
9.18 	defraud, or harm the public or demonstrating a willful or careless disregard for the health, 
9.19 	welfare, or safety of the public;
9.20 	(6) maltreats or abandons a patient;
9.21 	(7) violates any state or federal controlled substance law;
9.22 	(8) engages in unprofessional conduct or any other conduct which has the potential for 
9.23 	causing harm to the public, including any departure from or failure to conform to the 
9.24 	minimum standards of acceptable and prevailing practice without actual injury having to 
9.25 	be established;
9.26 	(9) provides emergency medical services under lapsed or nonrenewed credentials;
9.27 	(10) is subject to a denial, corrective, disciplinary, or other similar action in another 
9.28 	jurisdiction or by another regulatory authority;
9.29 	(11) engages in conduct with a patient that is sexual or may reasonably be interpreted 
9.30 	by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning 
9.31 	to a patient; ~~or~~
10.1 	(12) makes a false statement or knowingly provides false information to the ~~board~~director 
10.2 	or fails to cooperate with an investigation of the ~~board~~director as required by section 
10.3 	144E.30~~.~~; or
10.4 	(13) fails to engage with the health professionals services program or diversion program 
10.5 	required under section 144E.287 after being referred to the program, violates the terms of 
10.6 	the program participation agreement, or leaves the program except upon fulfilling the terms 
10.7 	for successful completion of the program as set forth in the participation agreement.
10.8 	(b) Before taking action under paragraph (a), the ~~board~~director shall give notice to an 
10.9 	individual of the right to a contested case hearing under chapter 14. If an individual requests 
10.10 	a contested case hearing within 30 days after receiving notice, the ~~board~~director shall initiate 
10.11 	a contested case hearing according to chapter 14 and no disciplinary action shall be taken 
10.12 	at that time.
10.13 	(c) The administrative law judge shall issue a report and recommendation within 30 
10.14 	days after closing the contested case hearing record. The ~~board~~director shall issue a final 
10.15 	order within 30 days after receipt of the administrative law judge's report.
10.16 	(d) After six months from the ~~board's~~director's decision to deny, revoke, place conditions 
10.17 	on, or refuse renewal of an individual's certification for disciplinary action, the individual 
10.18 	shall have the opportunity to apply to the ~~board~~director for reinstatement.

10.19 	EFFECTIVE DATE. This section is effective January 1, 2025.

10.20 	Sec. 11. Minnesota Statutes 2022, section 144E.28, subdivision 6, is amended to read:
10.21 		Subd. 6.Temporary suspension. (a) In addition to any other remedy provided by law, 
10.22 	the ~~board~~ director may temporarily suspend the certification of an individual after conducting 
10.23 	a preliminary inquiry to determine whether the ~~board~~ director believes that the individual 
10.24 	has violated a statute or rule that the ~~board~~ director is empowered to enforce and determining 
10.25 	that the continued provision of service by the individual would create an imminent risk to 
10.26 	public health or harm to others.
10.27 	(b) A temporary suspension order prohibiting an individual from providing emergency 
10.28 	medical care shall give notice of the right to a preliminary hearing according to paragraph 
10.29 	(d) and shall state the reasons for the entry of the temporary suspension order.
10.30 	(c) Service of a temporary suspension order is effective when the order is served on the 
10.31 	individual personally or by certified mail, which is complete upon receipt, refusal, or return 
10.32 	for nondelivery to the most recent address provided to the ~~board~~ director for the individual.
11.1 	(d) At the time the ~~board~~ director issues a temporary suspension order, the ~~board~~ director
11.2 	shall schedule a hearing~~, to be held before a group of its members designated by the board,~~
11.3 	that shall begin within 60 days after issuance of the temporary suspension order or within 
11.4 	15 working days of the date of the ~~board's~~ director's receipt of a request for a hearing from 
11.5 	the individual, whichever is sooner. The hearing shall be on the sole issue of whether there 
11.6 	is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under 
11.7 	this paragraph is not subject to chapter 14.
11.8 	(e) Evidence presented by the ~~board~~ director or the individual may be in the form of an 
11.9 	affidavit. The individual or individual's designee may appear for oral argument.
11.10 	(f) Within five working days of the hearing, the ~~board~~ director shall issue its order and, 
11.11 	if the suspension is continued, notify the individual of the right to a contested case hearing 
11.12 	under chapter 14.
11.13 	(g) If an individual requests a contested case hearing within 30 days of receiving notice 
11.14 	under paragraph (f), the ~~board~~ director shall initiate a contested case hearing according to 
11.15 	chapter 14. The administrative law judge shall issue a report and recommendation within 
11.16 	30 days after the closing of the contested case hearing record. The ~~board~~ director shall issue 
11.17 	a final order within 30 days after receipt of the administrative law judge's report.

11.18 	EFFECTIVE DATE. This section is effective January 1, 2025.

11.19 	Sec. 12. Minnesota Statutes 2022, section 144E.285, subdivision 6, is amended to read:
11.20 		Subd. 6.Temporary suspension. (a) In addition to any other remedy provided by law, 
11.21 	the ~~board~~ director may temporarily suspend approval of the education program after 
11.22 	conducting a preliminary inquiry to determine whether the ~~board~~ director believes that the 
11.23 	education program has violated a statute or rule that the ~~board~~ director is empowered to 
11.24 	enforce and determining that the continued provision of service by the education program 
11.25 	would create an imminent risk to public health or harm to others.
11.26 	(b) A temporary suspension order prohibiting the education program from providing 
11.27 	emergency medical care training shall give notice of the right to a preliminary hearing 
11.28 	according to paragraph (d) and shall state the reasons for the entry of the temporary 
11.29 	suspension order.
11.30 	(c) Service of a temporary suspension order is effective when the order is served on the 
11.31 	education program personally or by certified mail, which is complete upon receipt, refusal, 
11.32 	or return for nondelivery to the most recent address provided to the ~~board~~ director for the 
11.33 	education program.
12.1 	(d) At the time the ~~board~~ director issues a temporary suspension order, the ~~board~~ director
12.2 	shall schedule a hearing~~, to be held before a group of its members designated by the board,~~
12.3 	that shall begin within 60 days after issuance of the temporary suspension order or within 
12.4 	15 working days of the date of the ~~board's~~ director's receipt of a request for a hearing from 
12.5 	the education program, whichever is sooner. The hearing shall be on the sole issue of whether 
12.6 	there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing 
12.7 	under this paragraph is not subject to chapter 14.
12.8 	(e) Evidence presented by the ~~board~~ director or the individual may be in the form of an 
12.9 	affidavit. The education program or counsel of record may appear for oral argument.
12.10 	(f) Within five working days of the hearing, the ~~board~~ director shall issue its order and, 
12.11 	if the suspension is continued, notify the education program of the right to a contested case 
12.12 	hearing under chapter 14.
12.13 	(g) If an education program requests a contested case hearing within 30 days of receiving 
12.14 	notice under paragraph (f), the ~~board~~ director shall initiate a contested case hearing according 
12.15 	to chapter 14. The administrative law judge shall issue a report and recommendation within 
12.16 	30 days after the closing of the contested case hearing record. The ~~board~~ director shall issue 
12.17 	a final order within 30 days after receipt of the administrative law judge's report.

12.18 	EFFECTIVE DATE. This section is effective January 1, 2025.

12.19 	Sec. 13. Minnesota Statutes 2022, section 144E.287, is amended to read:
12.20 	144E.287 DIVERSION PROGRAM.
12.21 	The ~~board~~ director shall either conduct a health professionals ~~service~~ services program 
12.22 	~~under sections 214.31 to 214.37~~ or contract for a diversion program ~~under section 214.28~~
12.23 	for professionals regulated ~~by the board~~ under this chapter who are unable to perform their 
12.24 	duties with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, 
12.25 	or any other materials, or as a result of any mental, physical, or psychological condition.

12.26 	EFFECTIVE DATE. This section is effective January 1, 2025.

12.27 	Sec. 14. Minnesota Statutes 2022, section 144E.305, subdivision 3, is amended to read:
12.28 		Subd. 3.Immunity. (a) An individual, licensee, health care facility, business, or 
12.29 	organization is immune from civil liability or criminal prosecution for submitting in good 
12.30 	faith a report to the ~~board~~director under subdivision 1 or 2 or for otherwise reporting in 
12.31 	good faith to the ~~board~~director violations or alleged violations of sections 144E.001 to 
12.32 	144E.33. Reports are classified as confidential data on individuals or protected nonpublic 
13.1 	data under section 13.02 while an investigation is active. Except for the ~~board's~~director's 
13.2 	final determination, all communications or information received by or disclosed to the ~~board~~
13.3 	director relating to disciplinary matters of any person or entity subject to the ~~board's~~director's 
13.4 	regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be 
13.5 	closed to the public.
13.6 	(b) ~~Members of the board~~ The director, persons employed by the ~~board~~ director, persons 
13.7 	engaged in the investigation of violations and in the preparation and management of charges 
13.8 	of violations of sections 144E.001 to 144E.33 on behalf of the ~~board~~ director, and persons 
13.9 	participating in the investigation regarding charges of violations are immune from civil 
13.10 	liability and criminal prosecution for any actions, transactions, or publications, made in 
13.11 	good faith, in the execution of, or relating to, their duties under sections 144E.001 to 144E.33.
13.12 	~~(c) For purposes of this section, a member of the board is considered a state employee~~ 
13.13 	~~under section 3.736, subdivision 9.~~

13.14 	EFFECTIVE DATE. This section is effective January 1, 2025.

13.15 	Sec. 15. INITIAL MEMBERS AND FIRST MEETING; EMERGENCY MEDICAL 
13.16 	SERVICES ADVISORY COUNCIL.
 13.17 	(a) Initial appointments of members to the Emergency Medical Services Advisory 
13.18 	Council must be made by January 1, 2025. The terms of initial appointees shall be determined 
13.19 	by lot by the secretary of state and shall be as follows:
13.20 	(1) six members shall serve two-year terms; and
13.21 	(2) seven members shall serve three-year terms.
13.22 	(b) The medical director appointee must convene the first meeting of the Emergency 
13.23 	Medical Services Advisory Council by February 1, 2025.

13.24 	EFFECTIVE DATE. This section is effective July 1, 2024.

13.25 	Sec. 16. INITIAL MEMBERS AND FIRST MEETING; EMERGENCY MEDICAL 
13.26 	SERVICES PHYSICIAN ADVISORY COMMITTEE.
 13.27 	(a) Initial appointments of members to the Emergency Medical Services Physician 
13.28 	Advisory Committee must be made by January 1, 2025. The terms of initial appointees shall 
13.29 	be determined by lot by the secretary of state and shall be as follows:
13.30 	(1) five members shall serve two-year terms;
13.31 	(2) five members shall serve three-year terms; and
14.1 	(3) the term for the medical director appointee to the advisory committee shall coincide 
14.2 	with that member's term on the advisory council.
14.3 	(b) The medical director appointee must convene the first meeting of the Emergency 
14.4 	Medical Services Physician Advisory Committee by February 1, 2025.

14.5 	EFFECTIVE DATE. This section is effective July 1, 2024.

14.6 	Sec. 17. TRANSITION.
 14.7 		Subdivision 1.Appointment of director; operation of office. No later than October 
14.8 	1, 2024, the governor shall appoint a director-designee of the Office of Emergency Medical 
14.9 	Services. The individual appointed as the director-designee of the Office of Emergency 
14.10 	Medical Services shall become the governor's appointee as director of the Office of 
14.11 	Emergency Medical Services on January 1, 2025. Effective January 1, 2025, the 
14.12 	responsibilities to regulate emergency medical services in the state under Minnesota Statutes, 
14.13 	chapter 144E, and Minnesota Rules, chapter 4690, are transferred from the Emergency 
14.14 	Medical Services Regulatory Board to the Office of Emergency Medical Services and the 
14.15 	director of the Office of Emergency Medical Services.
14.16 		Subd. 2.Transfer of responsibilities. Minnesota Statutes, section 15.039, applies to 
14.17 	the transfer of responsibilities from the Emergency Medical Services Regulatory Board to 
14.18 	the Office of Emergency Medical Services required by this act. The commissioner of 
14.19 	administration, with the approval of the governor, may issue reorganization orders under 
14.20 	Minnesota Statutes, section 16B.37, as necessary to carry out the transfer of responsibilities 
14.21 	required by this act. The provision of Minnesota Statutes, section 16B.37, subdivision 1, 
14.22 	which states that transfers under that section may be made only to an agency that has been 
14.23 	in existence for at least one year, does not apply to transfers in this act to the Office of 
14.24 	Emergency Medical Services.

14.25 	EFFECTIVE DATE. This section is effective July 1, 2024.

14.26 	Sec. 18. REVISOR INSTRUCTION.
 14.27 	(a) In Minnesota Statutes, chapter 144E, the revisor of statutes shall replace "board" 
14.28 	with "director"; "board's" with "director's"; "Emergency Medical Services Regulatory Board" 
14.29 	or "Minnesota Emergency Medical Services Regulatory Board" with "director"; and 
14.30 	"board-approved" with "director-approved," except that:
14.31 	(1) in Minnesota Statutes, section 144E.11, the revisor of statutes shall not modify the 
14.32 	term "county board," "community health board," or "community health boards";
15.1 	(2) in Minnesota Statutes, sections 144E.40, subdivision 2; 144E.42, subdivision 2; 
15.2 	144E.44; and 144E.45, subdivision 2, the revisor of statutes shall not modify the term "State 
15.3 	Board of Investment"; and
15.4 	(3) in Minnesota Statutes, sections 144E.50 and 144E.52, the revisor of statutes shall 
15.5 	not modify the term "regional emergency medical services board," "regional board," "regional 
15.6 	emergency medical services board's," or "regional boards."
15.7 	(b) In the following sections of Minnesota Statutes, the revisor of statutes shall replace 
15.8 	"Emergency Medical Services Regulatory Board" with "director of the Office of Emergency 
15.9 	Medical Services": sections 13.717, subdivision 10; 62J.49, subdivision 2; 144.604; 144.608; 
15.10 	147.09; 156.12, subdivision 2; 169.686, subdivision 3; and 299A.41, subdivision 4.
15.11 	(c) In the following sections of Minnesota Statutes, the revisor of statutes shall replace 
15.12 	"Emergency Medical Services Regulatory Board" with "Office of Emergency Medical 
15.13 	Services": sections 144.603 and 161.045, subdivision 3.
15.14 	(d) In making the changes specified in this section, the revisor of statutes may make 
15.15 	technical and other necessary changes to sentence structure to preserve the meaning of the 
15.16 	text.

15.17 	EFFECTIVE DATE. This section is effective July 1, 2024.

15.18 	Sec. 19. REPEALER.
 15.19 	Minnesota Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, 
15.20 	subdivision 5; and 144E.50, subdivision 3, are repealed.

15.21 	EFFECTIVE DATE. This section is effective January 1, 2025.

15.22 	ARTICLE 2
15.23 	CONFORMING CHANGES

15.24 	Section 1. Minnesota Statutes 2023 Supplement, section 15A.0815, subdivision 2, is 
15.25 	amended to read:
15.26 		Subd. 2.Agency head salaries. The salary for a position listed in this subdivision shall 
15.27 	be determined by the Compensation Council under section 15A.082. The commissioner of 
15.28 	management and budget must publish the salaries on the department's website. This 
15.29 	subdivision applies to the following positions:
15.30 	Commissioner of administration;
15.31 	Commissioner of agriculture;
16.1 	Commissioner of education;
16.2 	Commissioner of children, youth, and families;
16.3 	Commissioner of commerce;
16.4 	Commissioner of corrections;
16.5 	Commissioner of health;
16.6 	Commissioner, Minnesota Office of Higher Education;
16.7 	Commissioner, Minnesota IT Services;
16.8 	Commissioner, Housing Finance Agency;
16.9 	Commissioner of human rights;
16.10 	Commissioner of human services;
16.11 	Commissioner of labor and industry;
16.12 	Commissioner of management and budget;
16.13 	Commissioner of natural resources;
16.14 	Commissioner, Pollution Control Agency;
16.15 	Commissioner of public safety;
16.16 	Commissioner of revenue;
16.17 	Commissioner of employment and economic development;
16.18 	Commissioner of transportation;
16.19 	Commissioner of veterans affairs;
16.20 	Executive director of the Gambling Control Board;
16.21 	Executive director of the Minnesota State Lottery;
16.22 	Commissioner of Iron Range resources and rehabilitation;
16.23 	Commissioner, Bureau of Mediation Services;
16.24 	Ombudsman for mental health and developmental disabilities;
16.25 	Ombudsperson for corrections;
16.26 	Chair, Metropolitan Council;
16.27 	Chair, Metropolitan Airports Commission;
17.1 	School trust lands director;
17.2 	Executive director of pari-mutuel racing; ~~and~~
17.3 	Commissioner, Public Utilities Commission~~.~~; and
17.4 	Director of the Office of Emergency Medical Services.

17.5 	EFFECTIVE DATE. This section is effective January 1, 2025.

17.6 	Sec. 2. Minnesota Statutes 2023 Supplement, section 43A.08, subdivision 1a, is amended 
17.7 	to read:
17.8 		Subd. 1a.Additional unclassified positions. Appointing authorities for the following 
17.9 	agencies may designate additional unclassified positions according to this subdivision: the 
17.10 	Departments of Administration; Agriculture; Children, Youth, and Families; Commerce; 
17.11 	Corrections; Direct Care and Treatment; Education; Employment and Economic 
17.12 	Development; Explore Minnesota Tourism; Management and Budget; Health; Human 
17.13 	Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue; 
17.14 	Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies; 
17.15 	the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the 
17.16 	Department of Information Technology Services; the Offices of the Attorney General, 
17.17 	Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the 
17.18 	Minnesota Office of Higher Education; the Perpich Center for Arts Education; ~~and~~ the 
17.19 	Minnesota Zoological Board; and the Office of Emergency Medical Services.
17.20 	A position designated by an appointing authority according to this subdivision must 
17.21 	meet the following standards and criteria:
17.22 	(1) the designation of the position would not be contrary to other law relating specifically 
17.23 	to that agency;
17.24 	(2) the person occupying the position would report directly to the agency head or deputy 
17.25 	agency head and would be designated as part of the agency head's management team;
17.26 	(3) the duties of the position would involve significant discretion and substantial 
17.27 	involvement in the development, interpretation, and implementation of agency policy;
17.28 	(4) the duties of the position would not require primarily personnel, accounting, or other 
17.29 	technical expertise where continuity in the position would be important;
17.30 	(5) there would be a need for the person occupying the position to be accountable to, 
17.31 	loyal to, and compatible with, the governor and the agency head, the employing statutory 
17.32 	board or commission, or the employing constitutional officer;
18.1 	(6) the position would be at the level of division or bureau director or assistant to the 
18.2 	agency head; and
18.3 	(7) the commissioner has approved the designation as being consistent with the standards 
18.4 	and criteria in this subdivision.

18.5 	EFFECTIVE DATE. This section is effective January 1, 2025.

18.6 	Sec. 3. Minnesota Statutes 2022, section 62J.49, subdivision 1, is amended to read:
18.7 		Subdivision 1.Establishment. The director of the Office of Emergency Medical Services 
18.8 	~~Regulatory Board~~ established under chapter ~~144~~ 144E shall establish a financial data 
18.9 	collection system for all ambulance services licensed in this state. To establish the financial 
18.10 	database, the ~~Emergency Medical Services Regulatory Board~~ director may contract with 
18.11 	an entity that has experience in ambulance service financial data collection.

18.12 	EFFECTIVE DATE. This section is effective January 1, 2025.

18.13 	Sec. 4. Minnesota Statutes 2023 Supplement, section 152.126, subdivision 6, is amended 
18.14 	to read:
18.15 		Subd. 6.Access to reporting system data. (a) Except as indicated in this subdivision, 
18.16 	the data submitted to the board under subdivision 4 is private data on individuals as defined 
18.17 	in section 13.02, subdivision 12, and not subject to public disclosure.
18.18 	(b) Except as specified in subdivision 5, the following persons shall be considered 
18.19 	permissible users and may access the data submitted under subdivision 4 in the same or 
18.20 	similar manner, and for the same or similar purposes, as those persons who are authorized 
18.21 	to access similar private data on individuals under federal and state law:
18.22 	(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 
18.23 	delegated the task of accessing the data, to the extent the information relates specifically to 
18.24 	a current patient, to whom the prescriber is:
18.25 	(i) prescribing or considering prescribing any controlled substance;
18.26 	(ii) providing emergency medical treatment for which access to the data may be necessary;
18.27 	(iii) providing care, and the prescriber has reason to believe, based on clinically valid 
18.28 	indications, that the patient is potentially abusing a controlled substance; or
18.29 	(iv) providing other medical treatment for which access to the data may be necessary 
18.30 	for a clinically valid purpose and the patient has consented to access to the submitted data, 
19.1 	and with the provision that the prescriber remains responsible for the use or misuse of data 
19.2 	accessed by a delegated agent or employee;
19.3 	(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 
19.4 	delegated the task of accessing the data, to the extent the information relates specifically to 
19.5 	a current patient to whom that dispenser is dispensing or considering dispensing any 
19.6 	controlled substance and with the provision that the dispenser remains responsible for the 
19.7 	use or misuse of data accessed by a delegated agent or employee;
19.8 	(3) a licensed dispensing practitioner or licensed pharmacist to the extent necessary to 
19.9 	determine whether corrections made to the data reported under subdivision 4 are accurate;
19.10 	(4) a licensed pharmacist who is providing pharmaceutical care for which access to the 
19.11 	data may be necessary to the extent that the information relates specifically to a current 
19.12 	patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has 
19.13 	consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber 
19.14 	who is requesting data in accordance with clause (1);
19.15 	(5) an individual who is the recipient of a controlled substance prescription for which 
19.16 	data was submitted under subdivision 4, or a guardian of the individual, parent or guardian 
19.17 	of a minor, or health care agent of the individual acting under a health care directive under 
19.18 	chapter 145C. For purposes of this clause, access by individuals includes persons in the 
19.19 	definition of an individual under section 13.02;
19.20 	(6) personnel or designees of a health-related licensing board listed in section 214.01, 
19.21 	subdivision 2, or of the Office of Emergency Medical Services ~~Regulatory Board~~, assigned 
19.22 	to conduct a bona fide investigation of a complaint received by that board or office that 
19.23 	alleges that a specific licensee is impaired by use of a drug for which data is collected under 
19.24 	subdivision 4, has engaged in activity that would constitute a crime as defined in section 
19.25 	152.025, or has engaged in the behavior specified in subdivision 5, paragraph (a);
19.26 	(7) personnel of the board engaged in the collection, review, and analysis of controlled 
19.27 	substance prescription information as part of the assigned duties and responsibilities under 
19.28 	this section;
19.29 	(8) authorized personnel under contract with the board, or under contract with the state 
19.30 	of Minnesota and approved by the board, who are engaged in the design, evaluation, 
19.31 	implementation, operation, or maintenance of the prescription monitoring program as part 
19.32 	of the assigned duties and responsibilities of their employment, provided that access to data 
19.33 	is limited to the minimum amount necessary to carry out such duties and responsibilities, 
20.1 	and subject to the requirement of de-identification and time limit on retention of data specified 
20.2 	in subdivision 5, paragraphs (d) and (e);
20.3 	(9) federal, state, and local law enforcement authorities acting pursuant to a valid search 
20.4 	warrant;
20.5 	(10) personnel of the Minnesota health care programs assigned to use the data collected 
20.6 	under this section to identify and manage recipients whose usage of controlled substances 
20.7 	may warrant restriction to a single primary care provider, a single outpatient pharmacy, and 
20.8 	a single hospital;
20.9 	(11) personnel of the Department of Human Services assigned to access the data pursuant 
20.10 	to paragraph (k);
20.11 	(12) personnel of the health professionals services program established under section 
20.12 	214.31, to the extent that the information relates specifically to an individual who is currently 
20.13 	enrolled in and being monitored by the program, and the individual consents to access to 
20.14 	that information. The health professionals services program personnel shall not provide this 
20.15 	data to a health-related licensing board ~~or the Emergency Medical Services Regulatory~~ 
20.16 	~~Board~~, except as permitted under section 214.33, subdivision 3;
20.17 	(13) personnel or designees of a health-related licensing board other than the Board of 
20.18 	Pharmacy listed in section 214.01, subdivision 2, assigned to conduct a bona fide 
20.19 	investigation of a complaint received by that board that alleges that a specific licensee is 
20.20 	inappropriately prescribing controlled substances as defined in this section. For the purposes 
20.21 	of this clause, the health-related licensing board may also obtain utilization data; and
20.22 	(14) personnel of the board specifically assigned to conduct a bona fide investigation 
20.23 	of a specific licensee or registrant. For the purposes of this clause, the board may also obtain 
20.24 	utilization data.
20.25 	(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed 
20.26 	in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe 
20.27 	controlled substances for humans and who holds a current registration issued by the federal 
20.28 	Drug Enforcement Administration, and every pharmacist licensed by the board and practicing 
20.29 	within the state, shall register and maintain a user account with the prescription monitoring 
20.30 	program. Data submitted by a prescriber, pharmacist, or their delegate during the registration 
20.31 	application process, other than their name, license number, and license type, is classified 
20.32 	as private pursuant to section 13.02, subdivision 12.
21.1 	(d) Notwithstanding paragraph (b), beginning January 1, 2021, a prescriber or an agent 
21.2 	or employee of the prescriber to whom the prescriber has delegated the task of accessing 
21.3 	the data, must access the data submitted under subdivision 4 to the extent the information 
21.4 	relates specifically to the patient:
21.5 	(1) before the prescriber issues an initial prescription order for a Schedules II through 
21.6 	IV opiate controlled substance to the patient; and
21.7 	(2) at least once every three months for patients receiving an opiate for treatment of 
21.8 	chronic pain or participating in medically assisted treatment for an opioid addiction.
21.9 	(e) Paragraph (d) does not apply if:
21.10 	(1) the patient is receiving palliative care, or hospice or other end-of-life care;
21.11 	(2) the patient is being treated for pain due to cancer or the treatment of cancer;
21.12 	(3) the prescription order is for a number of doses that is intended to last the patient five 
21.13 	days or less and is not subject to a refill;
21.14 	(4) the prescriber and patient have a current or ongoing provider/patient relationship of 
21.15 	a duration longer than one year;
21.16 	(5) the prescription order is issued within 14 days following surgery or three days 
21.17 	following oral surgery or follows the prescribing protocols established under the opioid 
21.18 	prescribing improvement program under section 256B.0638;
21.19 	(6) the controlled substance is prescribed or administered to a patient who is admitted 
21.20 	to an inpatient hospital;
21.21 	(7) the controlled substance is lawfully administered by injection, ingestion, or any other 
21.22 	means to the patient by the prescriber, a pharmacist, or by the patient at the direction of a 
21.23 	prescriber and in the presence of the prescriber or pharmacist;
21.24 	(8) due to a medical emergency, it is not possible for the prescriber to review the data 
21.25 	before the prescriber issues the prescription order for the patient; or
21.26 	(9) the prescriber is unable to access the data due to operational or other technological 
21.27 	failure of the program so long as the prescriber reports the failure to the board.
21.28 	(f) Only permissible users identified in paragraph (b), clauses (1), (2), (3), (4), (7), (8), 
21.29 	(10), and (11), may directly access the data electronically. No other permissible users may 
21.30 	directly access the data electronically. If the data is directly accessed electronically, the 
21.31 	permissible user shall implement and maintain a comprehensive information security program 
21.32 	that contains administrative, technical, and physical safeguards that are appropriate to the 
22.1 	user's size and complexity, and the sensitivity of the personal information obtained. The 
22.2 	permissible user shall identify reasonably foreseeable internal and external risks to the 
22.3 	security, confidentiality, and integrity of personal information that could result in the 
22.4 	unauthorized disclosure, misuse, or other compromise of the information and assess the 
22.5 	sufficiency of any safeguards in place to control the risks.
22.6 	(g) The board shall not release data submitted under subdivision 4 unless it is provided 
22.7 	with evidence, satisfactory to the board, that the person requesting the information is entitled 
22.8 	to receive the data.
22.9 	(h) The board shall maintain a log of all persons who access the data for a period of at 
22.10 	least three years and shall ensure that any permissible user complies with paragraph (c) 
22.11 	prior to attaining direct access to the data.
22.12 	(i) Section 13.05, subdivision 6, shall apply to any contract the board enters into pursuant 
22.13 	to subdivision 2. A vendor shall not use data collected under this section for any purpose 
22.14 	not specified in this section.
22.15 	(j) The board may participate in an interstate prescription monitoring program data 
22.16 	exchange system provided that permissible users in other states have access to the data only 
22.17 	as allowed under this section, and that section 13.05, subdivision 6, applies to any contract 
22.18 	or memorandum of understanding that the board enters into under this paragraph.
22.19 	(k) With available appropriations, the commissioner of human services shall establish 
22.20 	and implement a system through which the Department of Human Services shall routinely 
22.21 	access the data for the purpose of determining whether any client enrolled in an opioid 
22.22 	treatment program licensed according to chapter 245A has been prescribed or dispensed a 
22.23 	controlled substance in addition to that administered or dispensed by the opioid treatment 
22.24 	program. When the commissioner determines there have been multiple prescribers or multiple 
22.25 	prescriptions of controlled substances, the commissioner shall:
22.26 	(1) inform the medical director of the opioid treatment program only that the 
22.27 	commissioner determined the existence of multiple prescribers or multiple prescriptions of 
22.28 	controlled substances; and
22.29 	(2) direct the medical director of the opioid treatment program to access the data directly, 
22.30 	review the effect of the multiple prescribers or multiple prescriptions, and document the 
22.31 	review.
23.1 	If determined necessary, the commissioner of human services shall seek a federal waiver 
23.2 	of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section 
23.3 	2.34, paragraph (c), prior to implementing this paragraph.
23.4 	(l) The board shall review the data submitted under subdivision 4 on at least a quarterly 
23.5 	basis and shall establish criteria, in consultation with the advisory task force, for referring 
23.6 	information about a patient to prescribers and dispensers who prescribed or dispensed the 
23.7 	prescriptions in question if the criteria are met.
23.8 	(m) The board shall conduct random audits, on at least a quarterly basis, of electronic 
23.9 	access by permissible users, as identified in paragraph (b), clauses (1), (2), (3), (4), (7), (8), 
23.10 	(10), and (11), to the data in subdivision 4, to ensure compliance with permissible use as 
23.11 	defined in this section. A permissible user whose account has been selected for a random 
23.12 	audit shall respond to an inquiry by the board, no later than 30 days after receipt of notice 
23.13 	that an audit is being conducted. Failure to respond may result in deactivation of access to 
23.14 	the electronic system and referral to the appropriate health licensing board, or the 
23.15 	commissioner of human services, for further action. The board shall report the results of 
23.16 	random audits to the chairs and ranking minority members of the legislative committees 
23.17 	with jurisdiction over health and human services policy and finance and government data 
23.18 	practices.
23.19 	(n) A permissible user who has delegated the task of accessing the data in subdivision 
23.20 	4 to an agent or employee shall audit the use of the electronic system by delegated agents 
23.21 	or employees on at least a quarterly basis to ensure compliance with permissible use as 
23.22 	defined in this section. When a delegated agent or employee has been identified as 
23.23 	inappropriately accessing data, the permissible user must immediately remove access for 
23.24 	that individual and notify the board within seven days. The board shall notify all permissible 
23.25 	users associated with the delegated agent or employee of the alleged violation.
23.26 	(o) A permissible user who delegates access to the data submitted under subdivision 4 
23.27 	to an agent or employee shall terminate that individual's access to the data within three 
23.28 	business days of the agent or employee leaving employment with the permissible user. The 
23.29 	board may conduct random audits to determine compliance with this requirement.

23.30 	EFFECTIVE DATE. This section is effective January 1, 2025.

24.1 	Sec. 5. Minnesota Statutes 2022, section 214.025, is amended to read:
24.2 	214.025 COUNCIL OF HEALTH BOARDS.
24.3 	The health-related licensing boards may establish a Council of Health Boards consisting 
24.4 	of representatives of the health-related licensing boards ~~and the Emergency Medical Services~~ 
24.5 	~~Regulatory Board~~. When reviewing legislation or legislative proposals relating to the 
24.6 	regulation of health occupations, the council shall include the commissioner of health or a 
24.7 	designee and the director of the Office of Emergency Medical Services or a designee.

24.8 	EFFECTIVE DATE. This section is effective January 1, 2025.

24.9 	Sec. 6. Minnesota Statutes 2022, section 214.04, subdivision 2a, is amended to read:
24.10 		Subd. 2a.Performance of executive directors. The governor may request that a 
24.11 	health-related licensing board ~~or the Emergency Medical Services Regulatory Board~~ review 
24.12 	the performance of the board's executive director. Upon receipt of the request, the board 
24.13 	must respond by establishing a performance improvement plan or taking disciplinary or 
24.14 	other corrective action, including dismissal. The board shall include the governor's 
24.15 	representative as a voting member of the board in the board's discussions and decisions 
24.16 	regarding the governor's request. The board shall report to the governor on action taken by 
24.17 	the board, including an explanation if no action is deemed necessary.

24.18 	EFFECTIVE DATE. This section is effective January 1, 2025.

24.19 	Sec. 7. Minnesota Statutes 2022, section 214.29, is amended to read:
24.20 	214.29 PROGRAM REQUIRED.
24.21 	Each health-related licensing board~~, including the Emergency Medical Services~~ 
24.22 	~~Regulatory Board under chapter 144E,~~ shall either conduct a health professionals service 
24.23 	program under sections 214.31 to 214.37 or contract for a diversion program under section 
24.24 	214.28.

24.25 	EFFECTIVE DATE. This section is effective January 1, 2025.

24.26 	Sec. 8. Minnesota Statutes 2022, section 214.31, is amended to read:
24.27 	214.31 AUTHORITY.
24.28 	Two or more of the health-related licensing boards listed in section 214.01, subdivision 
24.29 	2, may jointly conduct a health professionals services program to protect the public from 
24.30 	persons regulated by the boards who are unable to practice with reasonable skill and safety 
25.1 	by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result 
25.2 	of any mental, physical, or psychological condition. The program does not affect a board's 
25.3 	authority to discipline violations of a board's practice act. ~~For purposes of sections 214.31~~
25.4 	~~to 214.37, the emergency medical services regulatory board shall be included in the definition~~ 
25.5 	~~of a health-related licensing board under chapter 144E.~~

25.6 	EFFECTIVE DATE. This section is effective January 1, 2025.

25.7 	Sec. 9. Minnesota Statutes 2022, section 214.355, is amended to read:
25.8 	214.355 GROUNDS FOR DISCIPLINARY ACTION.
25.9 	Each health-related licensing board~~, including the Emergency Medical Services~~ 
25.10 	~~Regulatory Board under chapter 144E,~~ shall consider it grounds for disciplinary action if a 
25.11 	regulated person violates the terms of the health professionals services program participation 
25.12 	agreement or leaves the program except upon fulfilling the terms for successful completion 
25.13 	of the program as set forth in the participation agreement.

25.14 	EFFECTIVE DATE. This section is effective January 1, 2025.

APPENDIX 

Repealed Minnesota Statutes: 24-07381 

144E.001 DEFINITIONS.Subd. 5.Board. 
"Board" means the Emergency Medical Services Regulatory Board. 

144E.01 EMERGENCY MEDICAL SERVICES REGULATORY BOARD.Subdivision 1.Membership. 
(a) The Emergency Medical Services Regulatory Board consists of the following members, all of whom must work in Minnesota, except for the person listed in clause (14): 

(1) an emergency physician certified by the American Board of Emergency Physicians; 

(2) a representative of Minnesota hospitals; 

(3) a representative of fire chiefs; 

(4) a full-time firefighter who serves as an emergency medical responder on or within a nontransporting or nonregistered agency and who is a member of a professional firefighter's union; 

(5) a volunteer firefighter who serves as an emergency medical responder on or within a nontransporting or nonregistered agency; 

(6) an attendant currently practicing on a licensed ambulance service who is a paramedic or an emergency medical technician; 

(7) an ambulance director for a licensed ambulance service; 

(8) a representative of sheriffs; 

(9) a member of a community health board to represent community health services; 

(10) two representatives of regional emergency medical services programs, one of whom must be from the metropolitan regional emergency medical services program; 

(11) a registered nurse currently practicing in a hospital emergency department; 

(12) a pediatrician, certified by the American Board of Pediatrics, with experience in emergency medical services; 

(13) a family practice physician who is currently involved in emergency medical services; 

(14) a public member who resides in Minnesota; and 

(15) the commissioners of health and public safety or their designees. 

(b) The governor shall appoint members under paragraph (a). Appointments under paragraph (a), clauses (1) to (9) and (11) to (13), are subject to the advice and consent of the senate. In making appointments under paragraph (a), clauses (1) to (9) and (11) to (13), the governor shall consider recommendations of the American College of Emergency Physicians, the Minnesota Hospital Association, the Minnesota and State Fire Chief's Association, the Minnesota Ambulance Association, the Minnesota Emergency Medical Services Association, the Minnesota State Sheriff's Association, the Association of Minnesota Counties, the Minnesota Nurses Association, and the Minnesota chapter of the Academy of Pediatrics. 

(c) At least seven members appointed under paragraph (a) must reside outside of the seven-county metropolitan area, as defined in section 473.121. 

Subd. 2.Ex officio members. 
The speaker of the house and the Committee on Rules and Administration of the senate shall appoint one representative and one senator to serve as ex officio, nonvoting members. 

Subd. 3.Chair. 
The governor shall designate one of the members appointed under subdivision 1 as chair of the board. 

Subd. 4.Compensation; terms. 
Membership terms, compensation, and removal of members appointed under subdivision 1, are governed by section 15.0575. 

Subd. 5.Staff. 
The board shall appoint an executive director who shall serve in the unclassified service and may appoint other staff. The service of the executive director shall be subject to the terms described in section 214.04, subdivision 2a. 

Subd. 6.Duties of board. 
(a) The Emergency Medical Services Regulatory Board shall: 

(1) administer and enforce the provisions of this chapter and other duties as assigned to the board; 

(2) advise applicants for state or federal emergency medical services funds, review and comment on such applications, and approve the use of such funds unless otherwise required by federal law; 

(3) make recommendations to the legislature on improving the access, delivery, and effectiveness of the state's emergency medical services delivery system; and 

(4) establish procedures for investigating, hearing, and resolving complaints against emergency medical services providers. 

(b) The Emergency Medical Services Board may prepare an initial work plan, which may be updated biennially. The work plan may include provisions to: 

(1) prepare an emergency medical services assessment which addresses issues affecting the statewide delivery system; 

(2) establish a statewide public information and education system regarding emergency medical services; 

(3) create, in conjunction with the Department of Public Safety, a statewide injury and trauma prevention program; and 

(4) designate an annual emergency medical services personnel recognition day. 

Subd. 7.Conflict of interest. 
No member of the Emergency Medical Services Board may participate or vote in board proceedings in which the member has a direct conflict of interest, financial or otherwise. 

144E.123 PREHOSPITAL CARE DATA.Subd. 5.Working group. 
By October 1, 2011, the board must convene a working group composed of six members, three of which must be appointed by the board and three of which must be appointed by the Minnesota Ambulance Association, to redesign the board's policies related to collection of data from licenses. The issues to be considered include, but are not limited to, the following: user-friendly reporting requirements; data sets; improved accuracy of reported information; appropriate use of information gathered through the reporting system; and methods for minimizing the financial impact of data reporting on licenses, particularly for rural volunteer services. The working group must report its findings and recommendations to the board no later than July 1, 2012. 

144E.50 EMERGENCY MEDICAL SERVICES FUND.Subd. 3.Definition. 
For purposes of this section, "board" means the Emergency Medical Services Regulatory Board.