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    Subdivision 1. Commissioner's powers. The state commissioner of health shall, in the
manner prescribed by law, adopt and enforce reasonable rules and standards under sections
144.50 to 144.56 which the commissioner finds to be necessary and in the public interests and
may rescind or modify them from time to time as may be in the public interest, insofar as such
action is not in conflict with any provision thereof.
    Subd. 2. Content of rules and standards. In the public interest the commissioner of health,
by such rules and standards, may regulate and establish minimum standards as to the construction,
equipment, maintenance, and operation of the institutions insofar as they relate to sanitation and
safety of the buildings and to the health, treatment, comfort, safety, and well-being of the persons
accommodated for care. Construction as used in this subdivision means the erection of new
buildings or the alterations of or additions to existing buildings commenced after the passage
of this act.
    Subd. 2a. Double beds in boarding care homes. The commissioner shall not adopt any rule
which unconditionally prohibits double beds in a boarding care home. The commissioner may
adopt rules setting criteria for when double beds will be allowed.
    Subd. 2b. Boarding care homes. The commissioner shall not adopt or enforce any rule
that limits:
(1) a certified boarding care home from providing nursing services in accordance with
the home's Medicaid certification; or
(2) a noncertified boarding care home registered under chapter 144D from providing home
care services in accordance with the home's registration.
    Subd. 3. Maternity patients. The commissioner of health shall, with the advice of the
commissioner of human services, prescribe such general rules for the conduct of all institutions
receiving maternity patients as shall be necessary to effect the purposes of all laws of the state
relating to maternity patients and newborn infants so far as the same are applicable.
    Subd. 4. Classes of institutions. The commissioner of health may classify the institutions
licensed under sections 144.50 to 144.56 on the basis of the type of care provided and may
prescribe separate rules and minimum standards for each class.
History: 1941 c 549 s 7; 1943 c 649 s 7; 1951 c 304 s 7; 1977 c 305 s 45; 1981 c 23 s 2;
1984 c 654 art 5 s 58; 1985 c 248 s 70; 1986 c 444; 1995 c 207 art 7 s 6; 1999 c 245 art 2 s 27

Official Publication of the State of Minnesota
Revisor of Statutes