HF 2402

CCR--HF2402 - 88th Legislature (2013 - 2014)

Posted on 05/14/2014 06:31 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2402 1.2A bill for an act 1.3relating to state government; making changes to health and human services 1.4policy provisions; modifying provisions relating to children and family 1.5services, the provision of health services, chemical and mental health services, 1.6health-related occupations, Department of Health, public health, continuing care, 1.7public assistance programs, and health care; establishing reporting requirements 1.8and grounds for disciplinary action for health professionals; making changes to 1.9the medical assistance program; modifying provisions governing juvenile safety 1.10and placement; regulating the sale and use of tobacco-related and electronic 1.11delivery devices; modifying requirements for local boards of health; making 1.12changes to provisions governing the Board of Pharmacy; modifying home and 1.13community-based services standards; revising the Minnesota family investment 1.14program; establishing and modifying task forces and advisory councils; making 1.15changes to grant programs; modifying certain penalty fees; requiring studies 1.16and reports;amending Minnesota Statutes 2012, sections 13.46, subdivision 1.172; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 1.1813; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165; 1.19144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02, 1.20subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4, 1.215, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2; 1.22145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions 1.231, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2, 1.24by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17; 1.25148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 1.26148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 1.274; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 1.28148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a 1.29subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 1.302a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211; 1.31151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 1.32151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 1.33214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 1.34214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 1.35245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision 1.362; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by 1.37adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision; 1.38256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding 1.39a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69, 1.40subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by 1.41adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision; 1.42256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a; 1.43256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12; 2.1256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13; 2.2256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5, 2.38; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26, 2.4subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding 2.5a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 2.6461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision 2.71; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2; 2.8144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 2.93, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7; 2.10151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02, 2.11by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 2.121; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, 2.13subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4; 2.14245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 2.15256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 2.16256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766; 2.17256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3; 2.18256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision 2.192; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special 2.20Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section 2.2160; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 2.22150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota 2.23Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6; 2.24145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 2.2510; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision 2.262; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08; 2.27Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision 2.282; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 2.291, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 2.309500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 2.319505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580. 2.32May 14, 2014 2.33The Honorable Paul Thissen 2.34Speaker of the House of Representatives 2.35The Honorable Sandra L. Pappas 2.36President of the Senate 2.37We, the undersigned conferees for H. F. No. 2402 report that we have agreed upon 2.38the items in dispute and recommend as follows: 2.39That the Senate recede from its amendments and that H. F. No. 2402 be further 2.40amended as follows: 2.41Delete everything after the enacting clause and insert: 2.42"ARTICLE 1 2.43CHILDREN AND FAMILIES 2.44    Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to 2.45read: 2.46    Subd. 19. Family day care and group family day care child age classifications. 2.47(a) For the purposes of family day care and group family day care licensing under this 2.48chapter, the following terms have the meanings given them in this subdivision. 3.1(b) "Newborn" means a child between birth and six weeks old. 3.2(c) "Infant" means a child who is at least six weeks old but less than 12 months old. 3.3(d) "Toddler" means a child who is at least 12 months old but less than 24 months 3.4old, except that for purposes of specialized infant and toddler family and group family day 3.5care, "toddler" means a child who is at least 12 months old but less than 30 months old. 3.6(e) "Preschooler" means a child who is at least 24 months old up to the new text begin school new text end age of 3.7being eligible to enter kindergarten within the next four months. 3.8(f) "School age" means a child who is at least of sufficient age to have attended the 3.9first day of kindergarten, or is eligible to enter kindergarten within the next four months 3.10 new text begin five years of age new text end , but is younger than 11 years of age. 3.11    Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read: 3.12245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT 3.13DEATH IN LICENSED PROGRAMS. 3.14    (a) When a license holder is placing an infant to sleep, the license holder must place 3.15the infant on the infant's back, unless the license holder has documentation from the 3.16infant's physician directing an alternative sleeping position for the infant. The physician 3.17directive must be on a form approved by the commissioner and must remain on file at the 3.18licensed location. An infant who independently rolls onto its stomach after being placed to 3.19sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least 3.20six months of age or the license holder has a signed statement from the parent indicating 3.21that the infant regularly rolls over at home. 3.22    (b) The license holder must place the infant in a crib directly on a firm mattress with 3.23a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and 3.24overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of 3.25the sheet with reasonable effort. The license holder must not place anything in the crib with 3.26the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, 3.27part 1511. The requirements of this section apply to license holders serving infants younger 3.28than one year of age. Licensed child care providers must meet the crib requirements under 3.29section 245A.146. new text begin A correction order shall not be issued under this paragraph unless there new text end 3.30 new text begin is evidence that a violation occurred when an infant was present in the license holder's care. new text end 3.31    (c) If an infant falls asleep before being placed in a crib, the license holder must 3.32move the infant to a crib as soon as practicable, and must keep the infant within sight of 3.33the license holder until the infant is placed in a crib. When an infant falls asleep while 3.34being held, the license holder must consider the supervision needs of other children in 3.35care when determining how long to hold the infant before placing the infant in a crib to 4.1sleep. The sleeping infant must not be in a position where the airway may be blocked or 4.2with anything covering the infant's face. 4.3    (d) Placing a swaddled infant down to sleep in a licensed setting is not recommended 4.4for an infant of any age and is prohibited for any infant who has begun to roll over 4.5independently. However, with the written consent of a parent or guardian according to this 4.6paragraph, a license holder may place the infant who has not yet begun to roll over on its 4.7own down to sleep in a one-piece sleeper equipped with an attached system that fastens 4.8securely only across the upper torso, with no constriction of the hips or legs, to create a 4.9swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter, 4.10the license holder must obtain informed written consent for the use of swaddling from the 4.11parent or guardian of the infant on a form provided by the commissioner and prepared in 4.12partnership with the Minnesota Sudden Infant Death Center. 4.13    Sec. 3. new text begin [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD new text end 4.14 new text begin CARE LICENSE HOLDERS. new text end 4.15     new text begin Contractors who serve multiple family child care holders may request that the new text end 4.16 new text begin county agency maintain a record of: new text end 4.17     new text begin (1) the contractor's background study results as required in section 245C.04, new text end 4.18 new text begin subdivision 7, to verify that the contractor does not have a disqualification or a new text end 4.19 new text begin disqualification that has not been set aside, and is eligible to provide direct contact services new text end 4.20 new text begin in a licensed program; and new text end 4.21     new text begin (2) the contractor's compliance with training requirements. new text end 4.22    Sec. 4. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is 4.23amended to read: 4.24    Subd. 5. Sudden unexpected infant death and abusive head trauma training. 4.25    (a) License holders must document that before staff persons, caregivers, and helpers 4.26assist in the care of infants, they are instructed on the standards in section 245A.1435 and 4.27receive training on reducing the risk of sudden unexpected infant death. In addition, 4.28license holders must document that before staff persons, caregivers, and helpers assist in 4.29the care of infants and children under school age, they receive training on reducing the 4.30risk of abusive head trauma from shaking infants and young children. The training in this 4.31subdivision may be provided as initial training under subdivision 1 or ongoing annual 4.32training under subdivision 7. 4.33    (b) Sudden unexpected infant death reduction training required under this subdivision 4.34must be at least one-half hour in length and must be completed in person at least once 5.1every two years. On the years when the license holder is not receiving the in-person 5.2training on sudden unexpected infant death reduction, the license holder must receive 5.3sudden unexpected infant death reduction training through a video of no more than one 5.4hour in length developed or approved by the commissioner. new text begin , new text end at a minimum, the training 5.5must address the risk factors related to sudden unexpected infant death, means of reducing 5.6the risk of sudden unexpected infant death in child care, and license holder communication 5.7with parents regarding reducing the risk of sudden unexpected infant death. 5.8    (c) Abusive head trauma training required under this subdivision must be at least 5.9one-half hour in length and must be completed at least once every year. new text begin , new text end at a minimum, 5.10the training must address the risk factors related to shaking infants and young children, 5.11means of reducing the risk of abusive head trauma in child care, and license holder 5.12communication with parents regarding reducing the risk of abusive head trauma. 5.13    (d) Training for family and group family child care providers must be developed 5.14by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and 5.15approved by the Minnesota Center for Professional Development. new text begin Sudden unexpected new text end 5.16 new text begin infant death reduction training and abusive head trauma training may be provided in a new text end 5.17 new text begin single course of no more than two hours in length. new text end 5.18     new text begin (e) Sudden unexpected infant death reduction training and abusive head trauma new text end 5.19 new text begin training required under this subdivision must be completed in person or as allowed under new text end 5.20 new text begin subdivision 10, clause (1) or (2), at least once every two years. On the years when the new text end 5.21 new text begin license holder is not receiving training in person or as allowed under subdivision 10, new text end 5.22 new text begin clause (1) or (2), the license holder must receive sudden unexpected infant death reduction new text end 5.23 new text begin training and abusive head trauma training through a video of no more than one hour in new text end 5.24 new text begin length. The video must be developed or approved by the commissioner. new text end 5.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 5.26    Sec. 5. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision 5.27to read: 5.28     new text begin Subd. 7. new text end new text begin Current or prospective contractors serving multiple family child care new text end 5.29 new text begin license holders. new text end new text begin Current or prospective contractors who are required to have a background new text end 5.30 new text begin study under section 245C.03, subdivision 1, who provide services for multiple family new text end 5.31 new text begin child care license holders in a single county, and will have direct contact with children new text end 5.32 new text begin served in the family child care setting are required to have only one background study new text end 5.33 new text begin which is transferable to all family child care programs in that county if: new text end 6.1     new text begin (1) the county agency maintains a record of the contractor's background study results new text end 6.2 new text begin which verify the contractor is approved to have direct contact with children receiving new text end 6.3 new text begin services; new text end 6.4     new text begin (2) the license holder contacts the county agency and obtains notice that the current new text end 6.5 new text begin or prospective contractor is in compliance with background study requirements and new text end 6.6 new text begin approved to have direct contact; and new text end 6.7     new text begin (3) the contractor's background study is repeated every two years. new text end 6.8    Sec. 6. Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read: 6.9    Subd. 2. Placement decisions based on best interests of the child. (a) The 6.10policy of the state of Minnesota is to ensure that the child's best interests are met by 6.11requiring an individualized determination of the needs of the child and of how the selected 6.12placement will serve the needs of the child being placed. The authorized child-placing 6.13agency shall place a child, released by court order or by voluntary release by the parent 6.14or parents, in a family foster home selected by considering placement with relatives and 6.15important friends in the following order: 6.16    (1) with an individual who is related to the child by blood, marriage, or adoption; or 6.17    (2) with an individual who is an important friend with whom the child has resided or 6.18had significant contact. 6.19    (b) Among the factors the agency shall consider in determining the needs of the 6.20child are the following: 6.21    (1) the child's current functioning and behaviors; 6.22    (2) the medical needs of the child; 6.23(3) the educational needs of the child; 6.24(4) the developmental needs of the child; 6.25    (5) the child's history and past experience; 6.26    (6) the child's religious and cultural needs; 6.27    (7) the child's connection with a community, school, and faith community; 6.28    (8) the child's interests and talents; 6.29    (9) the child's relationship to current caretakers, parents, siblings, and relatives; and 6.30    (10) the reasonable preference of the child, if the court, or the child-placing agency 6.31in the case of a voluntary placement, deems the child to be of sufficient age to express 6.32preferences. 6.33    (c) Placement of a child cannot be delayed or denied based on race, color, or national 6.34origin of the foster parent or the child. 7.1    (d) Siblings should be placed together for foster care and adoption at the earliest 7.2possible time unless it is documented that a joint placement would be contrary to the 7.3safety or well-being of any of the siblings or unless it is not possible after reasonable 7.4efforts by the responsible social services agency. In cases where siblings cannot be placed 7.5together, the agency is required to provide frequent visitation or other ongoing interaction 7.6between siblings unless the agency documents that the interaction would be contrary to 7.7the safety or well-being of any of the siblings. 7.8    (e) Except for emergency placement as provided for in section 245A.035, new text begin the new text end 7.9 new text begin following requirements must be satisfied before the approval of a foster or adoptive new text end 7.10 new text begin placement in a related or unrelated home: (1) new text end a completed background study is required 7.11 under section 245C.08 before the approval of a foster placement in a related or unrelated 7.12home new text begin ; and (2) a completed review of the written home study required under section new text end 7.13 new text begin 260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective new text end 7.14 new text begin foster or adoptive parent to ensure the placement will meet the needs of the individual child new text end . 7.15    Sec. 7. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read: 7.16    Subd. 4. Duties of commissioner. The commissioner of human services shall: 7.17(1) provide practice guidance to responsible social services agencies and child-placing 7.18agencies that reflect federal and state laws and policy direction on placement of children; 7.19(2) develop criteria for determining whether a prospective adoptive or foster family 7.20has the ability to understand and validate the child's cultural background; 7.21(3) provide a standardized training curriculum for adoption and foster care workers 7.22and administrators who work with children. Training must address the following objectives: 7.23(i) developing and maintaining sensitivity to all cultures; 7.24(ii) assessing values and their cultural implications; 7.25(iii) making individualized placement decisions that advance the best interests of a 7.26particular child under section 260C.212, subdivision 2; and 7.27(iv) issues related to cross-cultural placement; 7.28(4) provide a training curriculum for all prospective adoptive and foster families that 7.29prepares them to care for the needs of adoptive and foster children taking into consideration 7.30the needs of children outlined in section 260C.212, subdivision 2, paragraph (b); 7.31(5) develop and provide to agencies a home study format to assess the capacities 7.32and needs of prospective adoptive and foster families. The format must address 7.33problem-solving skills; parenting skills; evaluate the degree to which the prospective 7.34family has the ability to understand and validate the child's cultural background, and other 7.35issues needed to provide sufficient information for agencies to make an individualized 8.1placement decision consistent with section 260C.212, subdivision 2. new text begin For a study of a new text end 8.2 new text begin prospective foster parent, the format must also address the capacity of the prospective new text end 8.3 new text begin foster parent to provide a safe, healthy, smoke-free home environment. new text end If a prospective 8.4adoptive parent has also been a foster parent, any update necessary to a home study for 8.5the purpose of adoption may be completed by the licensing authority responsible for the 8.6foster parent's license. If a prospective adoptive parent with an approved adoptive home 8.7study also applies for a foster care license, the license application may be made with the 8.8same agency which provided the adoptive home study; and 8.9(6) consult with representatives reflecting diverse populations from the councils 8.10established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 8.11community organizations. 8.12    Sec. 8. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read: 8.13    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing 8.14agency must: 8.15(1) develop and follow procedures for implementing the requirements of section 8.16260C.212, subdivision 2 , and the Indian Child Welfare Act, United States Code, title 8.1725, sections 1901 to 1923; 8.18(2) have a written plan for recruiting adoptive and foster families that reflect the 8.19ethnic and racial diversity of children who are in need of foster and adoptive homes. 8.20The plan must include: 8.21(i) strategies for using existing resources in diverse communities; 8.22(ii) use of diverse outreach staff wherever possible; 8.23(iii) use of diverse foster homes for placements after birth and before adoption; and 8.24(iv) other techniques as appropriate; 8.25(3) have a written plan for training adoptive and foster families; 8.26(4) have a written plan for employing staff in adoption and foster care who have 8.27the capacity to assess the foster and adoptive parents' ability to understand and validate a 8.28child's cultural and meet the child's individual needs, and to advance the best interests of 8.29the child, as required in section 260C.212, subdivision 2. The plan must include staffing 8.30goals and objectives; 8.31(5) ensure that adoption and foster care workers attend training offered or approved 8.32by the Department of Human Services regarding cultural diversity and the needs of special 8.33needs children; and 8.34(6) develop and implement procedures for implementing the requirements of the 8.35Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. new text begin ; and new text end 9.1 new text begin (7) ensure that children in foster care are protected from the effects of secondhand new text end 9.2 new text begin smoke and that licensed foster homes maintain a smoke-free environment in compliance new text end 9.3 new text begin with subdivision 9. new text end 9.4(b) In determining the suitability of a proposed placement of an Indian child, the 9.5standards to be applied must be the prevailing social and cultural standards of the Indian 9.6child's community, and the agency shall defer to tribal judgment as to suitability of a 9.7particular home when the tribe has intervened pursuant to the Indian Child Welfare Act. 9.8    Sec. 9. Minnesota Statutes 2012, section 260C.215, is amended by adding a 9.9subdivision to read: 9.10     new text begin Subd. 9. new text end new text begin Preventing exposure to secondhand smoke for children in foster care. new text end 9.11     new text begin (a) A child in foster care shall not be exposed to any type of secondhand smoke in the new text end 9.12 new text begin following settings: new text end 9.13     new text begin (1) a licensed foster home or any enclosed space connected to the home, including a new text end 9.14 new text begin garage, porch, deck, or similar space; or new text end 9.15     new text begin (2) a motor vehicle while a foster child is transported. new text end 9.16     new text begin (b) Smoking in outdoor areas on the premises of the home is permitted, except when new text end 9.17 new text begin a foster child is present and exposed to secondhand smoke. new text end 9.18     new text begin (c) The home study required in subdivision 4, clause (5), must include a plan to new text end 9.19 new text begin maintain a smoke-free environment for foster children. new text end 9.20     new text begin (d) If a foster parent fails to provide a smoke-free environment for a foster child, the new text end 9.21 new text begin child-placing agency must ask the foster parent to comply with a plan that includes training new text end 9.22 new text begin on the health risks of exposure to secondhand smoke. If the agency determines that the new text end 9.23 new text begin foster parent is unable to provide a smoke-free environment and that the home environment new text end 9.24 new text begin constitutes a health risk to a foster child, the agency must reassess whether the placement new text end 9.25 new text begin is based on the child's best interests consistent with section 260C.212, subdivision 2. new text end 9.26     new text begin (e) Nothing in this subdivision shall delay the placement of a child with a relative, new text end 9.27 new text begin consistent with section 245A.035, unless the relative is unable to provide for the new text end 9.28 new text begin immediate health needs of the individual child. new text end 9.29     new text begin (f) If a child's best interests would most effectively be served by placement in a home new text end 9.30 new text begin which will not meet the requirements of paragraph (a), the failure to meet the requirements new text end 9.31 new text begin of paragraph (a) shall not be a cause to deny placement in that home. new text end 9.32     new text begin (g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a new text end 9.33 new text begin basis for denying placement pursuant to the provisions of the federal Indian Child Welfare new text end 9.34 new text begin Act or Minnesota Indian Family Preservation Act. new text end 10.1     new text begin (h) Nothing in this subdivision shall be interpreted to interfere with traditional or new text end 10.2 new text begin spiritual Native American or religious ceremonies involving the use of tobacco. new text end 10.3    Sec. 10. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read: 10.4    Subd. 11c. Welfare, court services agency, and school records maintained. 10.5Notwithstanding sections 138.163 and 138.17, records maintained or records derived 10.6from reports of abuse by local welfare agencies, agencies responsible for assessing or 10.7investigating the report, court services agencies, or schools under this section shall be 10.8destroyed as provided in paragraphs (a) to (d) by the responsible authority. 10.9(a) For family assessment cases and cases where an investigation results in no 10.10determination of maltreatment or the need for child protective services, the assessment or 10.11investigation records must be maintained for a period of four years. Records under this 10.12paragraph may not be used for employment, background checks, or purposes other than to 10.13assist in future risk and safety assessments. 10.14(b) All records relating to reports which, upon investigation, indicate either 10.15maltreatment or a need for child protective services shall be maintained for at least ten 10.16years after the date of the final entry in the case record. 10.17(c) All records regarding a report of maltreatment, including any notification of intent 10.18to interview which was received by a school under subdivision 10, paragraph (d), shall be 10.19destroyed by the school when ordered to do so by the agency conducting the assessment or 10.20investigation. The agency shall order the destruction of the notification when other records 10.21relating to the report under investigation or assessment are destroyed under this subdivision. 10.22(d) Private or confidential data released to a court services agency under subdivision 10.2310h must be destroyed by the court services agency when ordered to do so by the local 10.24welfare agency that released the data. The local welfare agency or agency responsible for 10.25assessing or investigating the report shall order destruction of the data when other records 10.26relating to the assessment or investigation are destroyed under this subdivision. 10.27 new text begin (e) For reports alleging child maltreatment that were not accepted for assessment new text end 10.28 new text begin or investigation, counties shall maintain sufficient information to identify repeat reports new text end 10.29 new text begin alleging maltreatment of the same child or children for 365 days from the date the report new text end 10.30 new text begin was screened out. The commissioner of human services shall specify to the counties the new text end 10.31 new text begin minimum information needed to accomplish this purpose. Counties shall enter this data new text end 10.32 new text begin into the state social services information system. new text end 10.33    Sec. 11. 2014 H.F. No. 2950, article 1, section 12, if enacted, is amended to read: 10.34    Sec. 12. REPEALER. 11.1(a) Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision 11.22; 119B.23; 119B.231; 119B.232; 256.01, subdivisions 3, 14, and 14a; 256.9792; 11.3256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b 11.4and 5; 256I.07; 256K.35; 259.85, subdivisions 2, 3, 4, and 5; 518A.53, subdivision 7; 11.5518A.74; and 626.5593, are repealed. 11.6(b) Minnesota Statutes 2012, section 256J.24, subdivision 10, is repealed effective 11.7October 1, 2014. 11.8(c) Minnesota Statutes 2013 Supplement, section 259.85, subdivision 1, is repealed. 11.9    Sec. 12. new text begin MINNESOTA TANF EXPENDITURES TASK FORCE. new text end 11.10     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The Minnesota TANF Expenditures Task Force is new text end 11.11 new text begin established to analyze past temporary assistance for needy families (TANF) expenditures new text end 11.12 new text begin and make recommendations as to which, if any, programs currently receiving TANF new text end 11.13 new text begin funding should be funded by the general fund so that a greater portion of TANF funds new text end 11.14 new text begin can go directly to Minnesota families receiving assistance through the Minnesota family new text end 11.15 new text begin investment program under Minnesota Statutes, chapter 256J. new text end 11.16     new text begin Subd. 2. new text end new text begin Membership; meetings; staff. new text end new text begin (a) The task force shall be composed of the new text end 11.17 new text begin following members who serve at the pleasure of their appointing authority: new text end 11.18 new text begin (1) one representative of the Department of Human Services appointed by the new text end 11.19 new text begin commissioner of human services; new text end 11.20 new text begin (2) one representative of the Department of Management and Budget appointed by new text end 11.21 new text begin the commissioner of management and budget; new text end 11.22 new text begin (3) one representative of the Department of Health appointed by the commissioner new text end 11.23 new text begin of health; new text end 11.24 new text begin (4) one representative of the Local Public Health Association of Minnesota; new text end 11.25 new text begin (5) two representatives of county government appointed by the Association of new text end 11.26 new text begin Minnesota Counties, one representing counties in the seven-county metropolitan area new text end 11.27 new text begin and one representing all other counties; new text end 11.28 new text begin (6) one representative of the Minnesota Legal Services Coalition; new text end 11.29 new text begin (7) one representative of the Children's Defense Fund of Minnesota; new text end 11.30 new text begin (8) one representative of the Minnesota Coalition for the Homeless; new text end 11.31 new text begin (9) one representative of the Welfare Rights Coalition; new text end 11.32 new text begin (10) two members of the house of representatives, one appointed by the speaker of new text end 11.33 new text begin the house and one appointed by the minority leader; and new text end 12.1 new text begin (11) two members of the senate, including one member of the minority party, new text end 12.2 new text begin appointed according to the rules of the senate. new text end 12.3 new text begin (b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force new text end 12.4 new text begin shall serve without compensation or reimbursement of expenses. new text end 12.5 new text begin (c) The commissioner of human services must convene the first meeting of the new text end 12.6 new text begin Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at new text end 12.7 new text begin least quarterly. new text end 12.8 new text begin (d) Staffing and technical assistance shall be provided within available resources by new text end 12.9 new text begin the Department of Human Services, children and family services division. new text end 12.10     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin (a) The task force must report on past expenditures of the TANF new text end 12.11 new text begin block grant, including a determination of whether or not programs for which TANF funds new text end 12.12 new text begin have been appropriated meet the purposes of the TANF program as defined under Code of new text end 12.13 new text begin Federal Regulations, title 45, section 260.20, and make recommendations as to which, new text end 12.14 new text begin if any, programs currently receiving TANF funds should be funded by the general fund. new text end 12.15 new text begin In making recommendations on program funding sources, the task force shall consider new text end 12.16 new text begin the following: new text end 12.17 new text begin (1) the original purpose of the TANF block grant under Code of Federal Regulations, new text end 12.18 new text begin title 45, section 260.20; new text end 12.19 new text begin (2) potential overlap of the population eligible for the Minnesota family investment new text end 12.20 new text begin program cash grant and the other programs currently receiving TANF funds; new text end 12.21 new text begin (3) the ability for TANF funds, as appropriated under current law, to effectively help new text end 12.22 new text begin the lowest-income Minnesotans out of poverty; new text end 12.23 new text begin (4) the impact of past expenditures on families who may be eligible for assistance new text end 12.24 new text begin through TANF; new text end 12.25 new text begin (5) the ability of TANF funds to support effective parenting and optimal brain new text end 12.26 new text begin development in children under five years old; and new text end 12.27 new text begin (6) the role of noncash assistance expenditures in maintaining compliance with new text end 12.28 new text begin federal law. new text end 12.29 new text begin (b) In preparing the recommendations under paragraph (a), the task force shall new text end 12.30 new text begin consult with appropriate Department of Human Services information technology staff new text end 12.31 new text begin regarding implementation of the recommendations. new text end 12.32     new text begin Subd. 4. new text end new text begin Report. new text end new text begin (a) The task force must submit an initial report by November new text end 12.33 new text begin 30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and new text end 12.34 new text begin ranking minority members of the legislative committees with jurisdiction over health and new text end 12.35 new text begin human services policy and finance. new text end 13.1 new text begin (b) The task force must submit a final report by February 1, 2015, analyzing past new text end 13.2 new text begin TANF expenditures and making recommendations as to which programs, if any, currently new text end 13.3 new text begin receiving TANF funding should be funded by the general fund, including any phase-in new text end 13.4 new text begin period and draft legislation necessary for implementation, to the chairs and ranking new text end 13.5 new text begin minority members of the legislative committees with jurisdiction over health and human new text end 13.6 new text begin services policy and finance. new text end 13.7     new text begin Subd. 5. new text end new text begin Expiration. new text end new text begin This section expires March 1, 2015, or upon submission of the new text end 13.8 new text begin final report required under subdivision 4, whichever is earlier. new text end 13.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.10ARTICLE 2 13.11PROVISION OF HEALTH SERVICES 13.12    Section 1. new text begin [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS. new text end 13.13     new text begin Subdivision 1. new text end new text begin Practice of dentistry. new text end new text begin A person licensed to practice dentistry under new text end 13.14 new text begin sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating new text end 13.15 new text begin in the administration of an influenza vaccination. new text end 13.16     new text begin Subd. 2. new text end new text begin Qualified dentists. new text end new text begin (a) The influenza immunization shall be administered new text end 13.17 new text begin only to patients 19 years of age and older and only by licensed dentists who: new text end 13.18 new text begin (1) have immediate access to emergency response equipment, including but not new text end 13.19 new text begin limited to oxygen administration equipment, epinephrine, and other allergic reaction new text end 13.20 new text begin response equipment; and new text end 13.21 new text begin (2) are trained in or have successfully completed a program approved by the new text end 13.22 new text begin Minnesota Board of Dentistry, specifically for the administration of immunizations. The new text end 13.23 new text begin training or program must include: new text end 13.24 new text begin (i) educational material on the disease of influenza and vaccination as prevention new text end 13.25 new text begin of the disease; new text end 13.26 new text begin (ii) contraindications and precautions; new text end 13.27 new text begin (iii) intramuscular administration; new text end 13.28 new text begin (iv) communication of risk and benefits of influenza vaccination and legal new text end 13.29 new text begin requirements involved; new text end 13.30 new text begin (v) reporting of adverse events; new text end 13.31 new text begin (vi) documentation required by federal law; and new text end 13.32 new text begin (vii) storage and handling of vaccines. new text end 13.33 new text begin (b) Any dentist giving influenza vaccinations under this section shall comply new text end 13.34 new text begin with guidelines established by the federal Advisory Committee on Immunization new text end 14.1 new text begin Practices relating to vaccines and immunizations, which includes, but is not limited to, new text end 14.2 new text begin vaccine storage and handling, vaccine administration and documentation, and vaccine new text end 14.3 new text begin contraindications and precautions. new text end 14.4     new text begin Subd. 3. new text end new text begin Coordination of care. new text end new text begin After a dentist qualified under subdivision 2 has new text end 14.5 new text begin administered an influenza vaccine to a patient, the dentist shall report the administration of new text end 14.6 new text begin the immunization to the Minnesota Immunization Information Connection or otherwise new text end 14.7 new text begin notify the patient's primary physician or clinic of the administration of the immunization. new text end 14.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015, and applies to new text end 14.9 new text begin influenza immunizations performed on or after that date. new text end 14.10    Sec. 2. new text begin [151.71] MAXIMUM ALLOWABLE COST PRICING. new text end 14.11     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin (a) For purposes of this section, the following definitions new text end 14.12 new text begin apply. new text end 14.13 new text begin (b) "Health plan company" has the meaning provided in section 62Q.01, subdivision new text end 14.14 new text begin 4. new text end 14.15 new text begin (c) "Pharmacy benefit manager" means an entity doing business in this state that new text end 14.16 new text begin contracts to administer or manage prescription drug benefits on behalf of any health plan new text end 14.17 new text begin company that provides prescription drug benefits to residents of this state. new text end 14.18     new text begin Subd. 2. new text end new text begin Pharmacy benefit manager contracts with pharmacies; maximum new text end 14.19 new text begin allowable cost pricing. new text end new text begin (a) In each contract between a pharmacy benefit manager and new text end 14.20 new text begin a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit new text end 14.21 new text begin manager a current list of the sources used to determine maximum allowable cost pricing. new text end 14.22 new text begin The pharmacy benefit manager shall update the pricing information at least every seven new text end 14.23 new text begin business days and provide a means by which contracted pharmacies may promptly review new text end 14.24 new text begin current prices in an electronic, print, or telephonic format within one business day at no new text end 14.25 new text begin cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate new text end 14.26 new text begin products from the list of drugs subject to maximum allowable cost pricing in a timely new text end 14.27 new text begin manner in order to remain consistent with changes in the marketplace. new text end 14.28 new text begin (b) In order to place a prescription drug on a maximum allowable cost list, a new text end 14.29 new text begin pharmacy benefit manager shall ensure that the drug is generally available for purchase by new text end 14.30 new text begin pharmacies in this state from a national or regional wholesaler and is not obsolete. new text end 14.31 new text begin (c) Each contract between a pharmacy benefit manager and a pharmacy must include new text end 14.32 new text begin a process to appeal, investigate, and resolve disputes regarding maximum allowable cost new text end 14.33 new text begin pricing that includes: new text end 14.34 new text begin (1) a 15-business day limit on the right to appeal following the initial claim; new text end 15.1 new text begin (2) a requirement that the appeal be investigated and resolved within seven business new text end 15.2 new text begin days after the appeal is received; and new text end 15.3 new text begin (3) a requirement that a pharmacy benefit manager provide a reason for any appeal new text end 15.4 new text begin denial and identify the national drug code of a drug that may be purchased by the new text end 15.5 new text begin pharmacy at a price at or below the maximum allowable cost price as determined by new text end 15.6 new text begin the pharmacy benefit manager. new text end 15.7 new text begin (d) If an appeal is upheld, the pharmacy benefit manager shall make an adjustment new text end 15.8 new text begin to the maximum allowable cost price no later than one business day after the date of new text end 15.9 new text begin determination. The pharmacy benefit manager shall make the price adjustment applicable new text end 15.10 new text begin to all similarly situated network pharmacy providers as defined by the plan sponsor. new text end 15.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 15.12    Sec. 3. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter 15.13113, article 3, section 3, is amended to read: 15.14152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC 15.15REPORTING SYSTEM new text begin PRESCRIPTION MONITORING PROGRAM new text end . 15.16    Subdivision 1. Definitions. new text begin (a) new text end For purposes of this section, the terms defined in 15.17this subdivision have the meanings given. 15.18    (a) new text begin (b) new text end "Board" means the Minnesota State Board of Pharmacy established under 15.19chapter 151. 15.20    (b) new text begin (c) new text end "Controlled substances" means those substances listed in section 152.02, 15.21subdivisions 3 to 5 new text begin 6 new text end , and those substances defined by the board pursuant to section 15.22152.02, subdivisions 7 , 8, and 12. new text begin For the purposes of this section, controlled substances new text end 15.23 new text begin includes tramadol and butalbital. new text end 15.24    (c) new text begin (d) new text end "Dispense" or "dispensing" has the meaning given in section 151.01, 15.25subdivision 30 . Dispensing does not include the direct administering of a controlled 15.26substance to a patient by a licensed health care professional. 15.27    (d) new text begin (e) new text end "Dispenser" means a person authorized by law to dispense a controlled 15.28substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does 15.29not include a licensed hospital pharmacy that distributes controlled substances for inpatient 15.30hospital care or a veterinarian who is dispensing prescriptions under section 156.18. 15.31    (e) new text begin (f) new text end "Prescriber" means a licensed health care professional who is authorized to 15.32prescribe a controlled substance under section 152.12, subdivision 1 new text begin or 2 new text end . 15.33    (f) new text begin (g) new text end "Prescription" has the meaning given in section 151.01, subdivision 16. 16.1    Subd. 1a. Treatment of intractable pain. This section is not intended to limit or 16.2interfere with the legitimate prescribing of controlled substances for pain. No prescriber 16.3shall be subject to disciplinary action by a health-related licensing board for prescribing a 16.4controlled substance according to the provisions of section 152.125. 16.5    Subd. 2. Prescription electronic reporting system. (a) The board shall establish 16.6by January 1, 2010, an electronic system for reporting the information required under 16.7subdivision 4 for all controlled substances dispensed within the state. 16.8    (b) The board may contract with a vendor for the purpose of obtaining technical 16.9assistance in the design, implementation, operation, and maintenance of the electronic 16.10reporting system. 16.11    Subd. 3. Prescription Electronic Reporting new text begin Monitoring Program new text end Advisory 16.12Committee new text begin Task Force new text end . (a) The board shall convene new text begin shall appoint new text end an advisory committee. 16.13The committee must include new text begin task force consisting of new text end at least one representative of: 16.14    (1) the Department of Health; 16.15    (2) the Department of Human Services; 16.16    (3) each health-related licensing board that licenses prescribers; 16.17    (4) a professional medical association, which may include an association of pain 16.18management and chemical dependency specialists; 16.19    (5) a professional pharmacy association; 16.20    (6) a professional nursing association; 16.21    (7) a professional dental association; 16.22    (8) a consumer privacy or security advocate; and 16.23    (9) a consumer or patient rights organization new text begin ; and new text end 16.24     new text begin (10) an association of medical examiners and coroners new text end . 16.25    (b) The advisory committee new text begin task force new text end shall advise the board on the development and 16.26operation of the electronic reporting system new text begin prescription monitoring program new text end , including, 16.27but not limited to: 16.28    (1) technical standards for electronic prescription drug reporting; 16.29    (2) proper analysis and interpretation of prescription monitoring data; and 16.30    (3) an evaluation process for the program new text begin ; and new text end 16.31     new text begin (4) criteria for the unsolicited provision of prescription monitoring data by the new text end 16.32 new text begin board to prescribers and dispensers new text end . 16.33 new text begin (c) The task force is governed by section 15.059. Notwithstanding section 15.059, new text end 16.34 new text begin subdivision 5, the task force shall not expire. new text end 17.1    Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the 17.2following data to the board or its designated vendor, subject to the notice required under 17.3paragraph (d): 17.4    (1) name of the prescriber; 17.5    (2) national provider identifier of the prescriber; 17.6    (3) name of the dispenser; 17.7    (4) national provider identifier of the dispenser; 17.8    (5) prescription number; 17.9    (6) name of the patient for whom the prescription was written; 17.10    (7) address of the patient for whom the prescription was written; 17.11    (8) date of birth of the patient for whom the prescription was written; 17.12    (9) date the prescription was written; 17.13    (10) date the prescription was filled; 17.14    (11) name and strength of the controlled substance; 17.15    (12) quantity of controlled substance prescribed; 17.16    (13) quantity of controlled substance dispensed; and 17.17    (14) number of days supply. 17.18    (b) The dispenser must submit the required information by a procedure and in a 17.19format established by the board. The board may allow dispensers to omit data listed in this 17.20subdivision or may require the submission of data not listed in this subdivision provided 17.21the omission or submission is necessary for the purpose of complying with the electronic 17.22reporting or data transmission standards of the American Society for Automation in 17.23Pharmacy, the National Council on Prescription Drug Programs, or other relevant national 17.24standard-setting body. 17.25    (c) A dispenser is not required to submit this data for those controlled substance 17.26prescriptions dispensed for: 17.27    (1) individuals residing in licensed skilled nursing or intermediate care facilities; 17.28    (2) individuals receiving assisted living services under chapter 144G or through a 17.29medical assistance home and community-based waiver; 17.30    (3) individuals receiving medication intravenously; 17.31    (4) individuals receiving hospice and other palliative or end-of-life care; and 17.32    (5) individuals receiving services from a home care provider regulated under chapter 17.33144A. 17.34     new text begin (1) individuals residing in a health care facility as defined in section 151.58, new text end 17.35 new text begin subdivision 2, paragraph (b), when a drug is distributed through the use of an automated new text end 17.36 new text begin drug distribution system according to section 151.58; and new text end 18.1     new text begin (2) individuals receiving a drug sample that was packaged by a manufacturer and new text end 18.2 new text begin provided to the dispenser for dispensing as a professional sample pursuant to Code of new text end 18.3 new text begin Federal Regulations, title 21, part 203, subpart D. new text end 18.4    (d) A dispenser must not submit data under this subdivision unless new text begin provide to the new text end 18.5 new text begin patient for whom the prescription was written new text end a conspicuous notice of the reporting 18.6requirements of this section is given to the patient for whom the prescription was written 18.7 new text begin and notice that the information may be used for program administration purposes new text end . 18.8    Subd. 5. Use of data by board. (a) The board shall develop and maintain a database 18.9of the data reported under subdivision 4. The board shall maintain data that could identify 18.10an individual prescriber or dispenser in encrypted form. new text begin Except as otherwise allowed new text end 18.11 new text begin under subdivision 6, new text end the database may be used by permissible users identified under 18.12subdivision 6 for the identification of: 18.13    (1) individuals receiving prescriptions for controlled substances from prescribers 18.14who subsequently obtain controlled substances from dispensers in quantities or with a 18.15frequency inconsistent with generally recognized standards of use for those controlled 18.16substances, including standards accepted by national and international pain management 18.17associations; and 18.18    (2) individuals presenting forged or otherwise false or altered prescriptions for 18.19controlled substances to dispensers. 18.20    (b) No permissible user identified under subdivision 6 may access the database 18.21for the sole purpose of identifying prescribers of controlled substances for unusual or 18.22excessive prescribing patterns without a valid search warrant or court order. 18.23    (c) No personnel of a state or federal occupational licensing board or agency may 18.24access the database for the purpose of obtaining information to be used to initiate or 18.25substantiate a disciplinary action against a prescriber. 18.26    (d) Data reported under subdivision 4 shall be retained by the board in the database 18.27for a 12-month period, and shall be removed from the database no later than 12 months 18.28from the last day of the month during which the data was received. new text begin made available to new text end 18.29 new text begin permissible users for a 12-month period beginning the day the data was received and new text end 18.30 new text begin ending 12 months from the last day of the month in which the data was received, except new text end 18.31 new text begin that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may new text end 18.32 new text begin use all data collected under this section for the purposes of administering, operating, new text end 18.33 new text begin and maintaining the prescription monitoring program and conducting trend analyses new text end 18.34 new text begin and other studies necessary to evaluate the effectiveness of the program. Data retained new text end 18.35 new text begin beyond 24 months must be de-identified. new text end 19.1 new text begin (e) The board shall not retain data reported under subdivision 4 for a period longer new text end 19.2 new text begin than four years from the date the data was received. new text end 19.3    Subd. 6. Access to reporting system data. (a) Except as indicated in this 19.4subdivision, the data submitted to the board under subdivision 4 is private data on 19.5individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure. 19.6    (b) Except as specified in subdivision 5, the following persons shall be considered 19.7permissible users and may access the data submitted under subdivision 4 in the same or 19.8similar manner, and for the same or similar purposes, as those persons who are authorized 19.9to access similar private data on individuals under federal and state law: 19.10    (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 19.11delegated the task of accessing the data, to the extent the information relates specifically to 19.12a current patient, to whom the prescriber is new text begin : new text end 19.13     new text begin (i) new text end prescribing or considering prescribing any controlled substance new text begin ; new text end 19.14     new text begin (ii) providing emergency medical treatment for which access to the data may be new text end 19.15 new text begin necessary; or new text end 19.16     new text begin (iii) providing other medical treatment for which access to the data may be necessary new text end 19.17 new text begin and the patient has consented to access to the submitted data, new text end and with the provision that 19.18the prescriber remains responsible for the use or misuse of data accessed by a delegated 19.19agent or employee; 19.20    (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 19.21delegated the task of accessing the data, to the extent the information relates specifically 19.22to a current patient to whom that dispenser is dispensing or considering dispensing any 19.23controlled substance and with the provision that the dispenser remains responsible for the 19.24use or misuse of data accessed by a delegated agent or employee; 19.25 new text begin (3) a licensed pharmacist who is providing pharmaceutical care for which access new text end 19.26 new text begin to the data may be necessary to the extent that the information relates specifically to a new text end 19.27 new text begin current patient for whom the pharmacist is providing pharmaceutical care if the patient has new text end 19.28 new text begin consented to access to the submitted data; new text end 19.29    (3) new text begin (4) new text end an individual who is the recipient of a controlled substance prescription for 19.30which data was submitted under subdivision 4, or a guardian of the individual, parent or 19.31guardian of a minor, or health care agent of the individual acting under a health care 19.32directive under chapter 145C; 19.33    (4) new text begin (5) new text end personnel of the board specifically assigned to conduct a bona fide 19.34investigation of a specific licensee; 20.1    (5) new text begin (6) new text end personnel of the board engaged in the collection new text begin , review, and analysis new text end 20.2 of controlled substance prescription information as part of the assigned duties and 20.3responsibilities under this section; 20.4    (6) new text begin (7) new text end authorized personnel of a vendor under contract with the board new text begin state of new text end 20.5 new text begin Minnesota new text end who are engaged in the design, implementation, operation, and maintenance of 20.6the electronic reporting system new text begin prescription monitoring program new text end as part of the assigned 20.7duties and responsibilities of their employment, provided that access to data is limited to 20.8the minimum amount necessary to carry out such duties and responsibilities new text begin , and subject new text end 20.9 new text begin to the requirement of de-identification and time limit on retention of data specified in new text end 20.10 new text begin subdivision 5, paragraphs (d) and (e) new text end ; 20.11    (7) new text begin (8) new text end federal, state, and local law enforcement authorities acting pursuant to a 20.12valid search warrant; 20.13    (8) new text begin (9) new text end personnel of the medical assistance program new text begin Minnesota health care programs new text end 20.14assigned to use the data collected under this section to identify new text begin and manage new text end recipients 20.15whose usage of controlled substances may warrant restriction to a single primary care 20.16physician new text begin provider new text end , a single outpatient pharmacy, or new text begin and new text end a single hospital; and 20.17(9) new text begin (10) new text end personnel of the Department of Human Services assigned to access the 20.18data pursuant to paragraph (h) new text begin ; and new text end 20.19 new text begin (11) personnel of the health professionals services program established under section new text end 20.20 new text begin 214.31, to the extent that the information relates specifically to an individual who is new text end 20.21 new text begin currently enrolled in and being monitored by the program, and the individual consents to new text end 20.22 new text begin access to that information. The health professionals services program personnel shall not new text end 20.23 new text begin provide this data to a health-related licensing board or the Emergency Medical Services new text end 20.24 new text begin Regulatory Board, except as permitted under section 214.33, subdivision 3 new text end . 20.25    For purposes of clause (3) new text begin (4) new text end , access by an individual includes persons in the 20.26definition of an individual under section 13.02. 20.27    (c) Any new text begin A new text end permissible user identified in paragraph (b), who new text begin clauses (1), (2), (3), (6), new text end 20.28 new text begin (7), (9), and (10) may new text end directly accesses new text begin access new text end the data electronically, new text begin . If the data is directly new text end 20.29 new text begin accessed electronically, the permissible user new text end shall implement and maintain a comprehensive 20.30information security program that contains administrative, technical, and physical 20.31safeguards that are appropriate to the user's size and complexity, and the sensitivity of the 20.32personal information obtained. The permissible user shall identify reasonably foreseeable 20.33internal and external risks to the security, confidentiality, and integrity of personal 20.34information that could result in the unauthorized disclosure, misuse, or other compromise 20.35of the information and assess the sufficiency of any safeguards in place to control the risks. 21.1    (d) The board shall not release data submitted under this section new text begin subdivision 4 new text end unless 21.2it is provided with evidence, satisfactory to the board, that the person requesting the 21.3information is entitled to receive the data. 21.4    (e) The board shall not release the name of a prescriber without the written consent 21.5of the prescriber or a valid search warrant or court order. The board shall provide a 21.6mechanism for a prescriber to submit to the board a signed consent authorizing the release 21.7of the prescriber's name when data containing the prescriber's name is requested. 21.8    (f) new text begin (e) new text end The board shall maintain a log of all persons who access the data new text begin for a period new text end 21.9 new text begin of at least three years new text end and shall ensure that any permissible user complies with paragraph 21.10(c) prior to attaining direct access to the data. 21.11(g) new text begin (f) new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into 21.12pursuant to subdivision 2. A vendor shall not use data collected under this section for 21.13any purpose not specified in this section. 21.14 new text begin (g) The board may participate in an interstate prescription monitoring program data new text end 21.15 new text begin exchange system provided that permissible users in other states have access to the data new text end 21.16 new text begin only as allowed under this section, and that section 13.05, subdivision 6, applies to any new text end 21.17 new text begin contract or memorandum of understanding that the board enters into under this paragraph. new text end 21.18 new text begin The board shall report to the chairs and ranking minority members of the senate and house new text end 21.19 new text begin of representatives committees with jurisdiction over health and human services policy and new text end 21.20 new text begin finance on the interstate prescription monitoring program by January 5, 2016. new text end 21.21(h) With available appropriations, the commissioner of human services shall 21.22establish and implement a system through which the Department of Human Services shall 21.23routinely access the data for the purpose of determining whether any client enrolled in 21.24an opioid treatment program licensed according to chapter 245A has been prescribed or 21.25dispensed a controlled substance in addition to that administered or dispensed by the 21.26opioid treatment program. When the commissioner determines there have been multiple 21.27prescribers or multiple prescriptions of controlled substances, the commissioner shall: 21.28(1) inform the medical director of the opioid treatment program only that the 21.29commissioner determined the existence of multiple prescribers or multiple prescriptions of 21.30controlled substances; and 21.31(2) direct the medical director of the opioid treatment program to access the data 21.32directly, review the effect of the multiple prescribers or multiple prescriptions, and 21.33document the review. 21.34If determined necessary, the commissioner of human services shall seek a federal waiver 21.35of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part 21.362.34 , item (c), prior to implementing this paragraph. 22.1 new text begin (i) The board shall review the data submitted under subdivision 4 on at least a new text end 22.2 new text begin quarterly basis and shall establish criteria, in consultation with the advisory task force, new text end 22.3 new text begin for referring information about a patient to prescribers and dispensers who prescribed or new text end 22.4 new text begin dispensed the prescriptions in question if the criteria are met. The board shall report new text end 22.5 new text begin to the chairs and ranking minority members of the senate and house of representatives new text end 22.6 new text begin committees with jurisdiction over health and human services policy and finance on the new text end 22.7 new text begin criteria established under this paragraph and the review process by January 5, 2016. This new text end 22.8 new text begin paragraph expires August 1, 2016. new text end 22.9    Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to 22.10the board as required under this section is subject to disciplinary action by the appropriate 22.11health-related licensing board. 22.12    (b) A prescriber or dispenser authorized to access the data who knowingly discloses 22.13the data in violation of state or federal laws relating to the privacy of health care data 22.14shall be subject to disciplinary action by the appropriate health-related licensing board, 22.15and appropriate civil penalties. 22.16    Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription 22.17electronic reporting system to determine if the system is negatively impacting appropriate 22.18prescribing practices of controlled substances. The board may contract with a vendor to 22.19design and conduct the evaluation. 22.20    (b) The board shall submit the evaluation of the system to the legislature by July 22.2115, 2011. 22.22    Subd. 9. Immunity from liability; no requirement to obtain information. (a) A 22.23pharmacist, prescriber, or other dispenser making a report to the program in good faith 22.24under this section is immune from any civil, criminal, or administrative liability, which 22.25might otherwise be incurred or imposed as a result of the report, or on the basis that the 22.26pharmacist or prescriber did or did not seek or obtain or use information from the program. 22.27    (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 22.28to obtain information about a patient from the program, and the pharmacist, prescriber, 22.29or other dispenser, if acting in good faith, is immune from any civil, criminal, or 22.30administrative liability that might otherwise be incurred or imposed for requesting, 22.31receiving, or using information from the program. 22.32    Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit 22.33charitable foundations, the federal government, and other sources to fund the enhancement 22.34and ongoing operations of the prescription electronic reporting system new text begin monitoring new text end 22.35 new text begin program new text end established under this section. Any funds received shall be appropriated to the 23.1board for this purpose. The board may not expend funds to enhance the program in a way 23.2that conflicts with this section without seeking approval from the legislature. 23.3(b) new text begin Notwithstanding any other section, new text end the administrative services unit for the 23.4health-related licensing boards shall apportion between the Board of Medical Practice, the 23.5Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of 23.6Optometry, new text begin the Board of Veterinary Medicine, new text end and the Board of Pharmacy an amount to 23.7be paid through fees by each respective board. The amount apportioned to each board 23.8shall equal each board's share of the annual appropriation to the Board of Pharmacy 23.9from the state government special revenue fund for operating the prescription electronic 23.10reporting system new text begin monitoring program new text end under this section. Each board's apportioned share 23.11shall be based on the number of prescribers or dispensers that each board identified in 23.12this paragraph licenses as a percentage of the total number of prescribers and dispensers 23.13licensed collectively by these boards. Each respective board may adjust the fees that the 23.14boards are required to collect to compensate for the amount apportioned to each board by 23.15the administrative services unit. 23.16    Sec. 4. new text begin STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM new text end 23.17 new text begin DATABASE. new text end 23.18 new text begin (a) The Board of Pharmacy, in collaboration with the Prescription Monitoring new text end 23.19 new text begin Program Advisory Task Force, shall study the program database and report to the chairs new text end 23.20 new text begin and ranking minority members of the senate health and human services policy and finance new text end 23.21 new text begin division and the house of representatives health and human services policy and finance new text end 23.22 new text begin committees by December 15, 2014, with recommendations on: (1) requiring the use of the new text end 23.23 new text begin prescription monitoring by prescribers when prescribing or considering prescribing, and new text end 23.24 new text begin pharmacists when dispensing or considering dispensing, a controlled substance as defined new text end 23.25 new text begin in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); (2) allowing for the new text end 23.26 new text begin use of the prescription monitoring program database to identify potentially inappropriate new text end 23.27 new text begin prescribing of controlled substances; and (3) encouraging access to appropriate treatment new text end 23.28 new text begin for prescription drug abuse through the prescription monitoring program. new text end 23.29 new text begin (b) The Board of Pharmacy, in collaboration with the prescription monitoring new text end 23.30 new text begin program advisory task force, shall conduct a study designed to assess the impact of the new text end 23.31 new text begin prescription monitoring program on the level of doctor-shopping activities and report new text end 23.32 new text begin to the chairs and ranking minority members of the senate and house of representatives new text end 23.33 new text begin committees and divisions with jurisdiction on health and human services policy and new text end 23.34 new text begin finance by December 15, 2016. new text end 24.1ARTICLE 3 24.2CHEMICAL AND MENTAL HEALTH SERVICES 24.3    Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to 24.4read: 24.5    Subd. 6a. Adult foster care homes serving people with mental illness; 24.6certification. (a) The commissioner of human services shall issue a mental health 24.7certification for adult foster care homes licensed under this chapter and Minnesota Rules, 24.8parts 9555.5105 to 9555.6265, new text begin or community residential settings licensed under chapter new text end 24.9 new text begin 245D, new text end that serve people with new text begin a primary diagnosis of new text end mental illness where the home is not 24.10the primary residence of the license holder when a provider is determined to have met 24.11the requirements under paragraph (b). This certification is voluntary for license holders. 24.12The certification shall be printed on the license, and identified on the commissioner's 24.13public Web site. 24.14(b) The requirements for certification are: 24.15(1) all staff working in the adult foster care home new text begin or community residential setting new text end 24.16 have received at least seven hours of annual training new text begin under paragraph (c) new text end covering all 24.17of the following topics: 24.18(i) mental health diagnoses; 24.19(ii) mental health crisis response and de-escalation techniques; 24.20(iii) recovery from mental illness; 24.21(iv) treatment options including evidence-based practices; 24.22(v) medications and their side effects; 24.23(vi) new text begin suicide intervention, identifying suicide warning signs, and appropriate new text end 24.24 new text begin responses; new text end 24.25 new text begin (vii) new text end co-occurring substance abuse and health conditions; and 24.26(vii) new text begin (viii) new text end community resources; 24.27(2) a mental health professional, as defined in section 245.462, subdivision 18, or 24.28a mental health practitioner as defined in section 245.462, subdivision 17, are available 24.29for consultation and assistance; 24.30(3) there is a plan and protocol in place to address a mental health crisis; and 24.31(4) new text begin there is a crisis plan for new text end each individual's Individual Placement Agreement 24.32 new text begin individual that new text end identifies who is providing clinical services and their contact information, 24.33and includes an individual crisis prevention and management plan developed with the 24.34individual. 24.35 new text begin (c) The training curriculum must be approved by the commissioner of human new text end 24.36 new text begin services and must include a testing component after training is completed. Training must new text end 25.1 new text begin be provided by a mental health professional or a mental health practitioner. Training may new text end 25.2 new text begin also be provided by an individual living with a mental illness or a family member of such new text end 25.3 new text begin an individual, who is from a nonprofit organization with a history of providing educational new text end 25.4 new text begin classes on mental illnesses approved by the Department of Human Services to deliver new text end 25.5 new text begin mental health training. Staff must receive three hours of training in the areas specified in new text end 25.6 new text begin paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The new text end 25.7 new text begin remaining hours of mandatory training, including a review of the information in paragraph new text end 25.8 new text begin (b), clause (1), item (ii), must be completed within six months of the hire date. For new text end 25.9 new text begin programs licensed under chapter 245D, training under this section may be incorporated new text end 25.10 new text begin into the 30 hours of staff orientation required under section 245D.09, subdivision 4. new text end 25.11(c) new text begin (d) new text end License holders seeking certification under this subdivision must request this 25.12certification on forms provided by the commissioner and must submit the request to the 25.13county licensing agency in which the home new text begin or community residential setting new text end is located. 25.14The county licensing agency must forward the request to the commissioner with a county 25.15recommendation regarding whether the commissioner should issue the certification. 25.16(d) new text begin (e) new text end Ongoing compliance with the certification requirements under paragraph (b) 25.17shall be reviewed by the county licensing agency at each licensing review. When a county 25.18licensing agency determines that the requirements of paragraph (b) are not met, the county 25.19shall inform the commissioner, and the commissioner will remove the certification. 25.20(e) new text begin (f) new text end A denial of the certification or the removal of the certification based on a 25.21determination that the requirements under paragraph (b) have not been met by the adult 25.22foster care new text begin or community residential setting new text end license holder are not subject to appeal. A 25.23license holder that has been denied a certification or that has had a certification removed 25.24may again request certification when the license holder is in compliance with the 25.25requirements of paragraph (b). 25.26    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read: 25.27245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS. 25.28(a) The commissioner of human services shall issue a mental health certification 25.29for services licensed under this chapter when a license holder is determined to have met 25.30the requirements under new text begin section 245A.03, subdivision 6a, new text end paragraph (b). This certification 25.31is voluntary for license holders. The certification shall be printed on the license and 25.32identified on the commissioner's public Web site. 25.33(b) The requirements for certification are: 25.34(1) all staff have received at least seven hours of annual training covering all of 25.35the following topics: 26.1(i) mental health diagnoses; 26.2(ii) mental health crisis response and de-escalation techniques; 26.3(iii) recovery from mental illness; 26.4(iv) treatment options, including evidence-based practices; 26.5(v) medications and their side effects; 26.6(vi) co-occurring substance abuse and health conditions; and 26.7(vii) community resources; 26.8(2) a mental health professional, as defined in section 245.462, subdivision 18, or a 26.9mental health practitioner as defined in section 245.462, subdivision 17, is available 26.10for consultation and assistance; 26.11(3) there is a plan and protocol in place to address a mental health crisis; and 26.12(4) each person's individual service and support plan identifies who is providing 26.13clinical services and their contact information, and includes an individual crisis prevention 26.14and management plan developed with the person. 26.15(c) License holders seeking certification under this section must request this 26.16certification on forms and in the manner prescribed by the commissioner. 26.17(d) new text begin (c) new text end If the commissioner finds that the license holder has failed to comply with 26.18the certification requirements under new text begin section 245A.03, subdivision 6a, new text end paragraph (b), 26.19the commissioner may issue a correction order and an order of conditional license in 26.20accordance with section 245A.06 or may issue a sanction in accordance with section 26.21245A.07 , including and up to removal of the certification. 26.22(e) new text begin (d) new text end A denial of the certification or the removal of the certification based on a 26.23determination that the requirements under new text begin section 245A.03, subdivision 6a, new text end paragraph 26.24(b) have not been met is not subject to appeal. A license holder that has been denied a 26.25certification or that has had a certification removed may again request certification when 26.26the license holder is in compliance with the requirements of new text begin section 245A.03, subdivision new text end 26.27 new text begin 6a, new text end paragraph (b). 26.28    Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read: 26.29    Subd. 2. Administration without judicial review. Neuroleptic medications may be 26.30administered without judicial review in the following circumstances: 26.31(1) the patient has the capacity to make an informed decision under subdivision 4; 26.32(2) the patient does not have the present capacity to consent to the administration 26.33of neuroleptic medication, but prepared a health care directive under chapter 145C or a 26.34declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an 26.35agent or proxy to request treatment, and the agent or proxy has requested the treatment; 27.1(3) new text begin the patient has been prescribed neuroleptic medication prior to admission to a new text end 27.2 new text begin treatment facility, but lacks the capacity to consent to the administration of that neuroleptic new text end 27.3 new text begin medication; continued administration of the medication is in the patient's best interest; new text end 27.4 new text begin and the patient does not refuse administration of the medication. In this situation, the new text end 27.5 new text begin previously prescribed neuroleptic medication may be continued for up to 14 days while new text end 27.6 new text begin the treating physician: new text end 27.7 new text begin (i) is obtaining a substitute decision-maker appointed by the court under subdivision new text end 27.8 new text begin 6; or new text end 27.9 new text begin (ii) is requesting an amendment to a current court order authorizing administration new text end 27.10 new text begin of neuroleptic medication; new text end 27.11 new text begin (4) new text end a substitute decision-maker appointed by the court consents to the administration 27.12of the neuroleptic medication and the patient does not refuse administration of the 27.13medication; or 27.14(4) new text begin (5) new text end the substitute decision-maker does not consent or the patient is refusing 27.15medication, and the patient is in an emergency situation. 27.16    Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 27.17amended to read: 27.18    Subd. 2. Membership terms, compensation, removal and expiration. The 27.19membership of this council shall be composed of 17 persons who are American Indians 27.20and who are appointed by the commissioner. The commissioner shall appoint one 27.21representative from each of the following groups: Red Lake Band of Chippewa Indians; 27.22Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 27.23Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 27.24Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 27.25Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 27.26Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 27.27Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 27.28and two representatives from the Minneapolis Urban Indian Community and two from the 27.29St. Paul Urban Indian Community. The terms, compensation, and removal of American 27.30Indian Advisory Council members shall be as provided in section 15.059. The council 27.31expires June 30, 2014 new text begin 2018 new text end . 27.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.33    Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read: 28.1254A.04 CITIZENS ADVISORY COUNCIL. 28.2There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 28.3advise the Department of Human Services concerning the problems of alcohol and 28.4other drug dependency and abuse, composed of ten members. Five members shall be 28.5individuals whose interests or training are in the field of alcohol dependency and abuse; 28.6and five members whose interests or training are in the field of dependency and abuse of 28.7drugs other than alcohol. The terms, compensation and removal of members shall be as 28.8provided in section 15.059. The council expires June 30, 2014 new text begin 2018 new text end . The commissioner 28.9of human services shall appoint members whose terms end in even-numbered years. The 28.10commissioner of health shall appoint members whose terms end in odd-numbered years. 28.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 28.12    Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision 28.13to read: 28.14     new text begin Subd. 8. new text end new text begin Culturally specific program. new text end new text begin (a) "Culturally specific program" means a new text end 28.15 new text begin substance use disorder treatment service program that is recovery-focused and culturally new text end 28.16 new text begin specific when the program: new text end 28.17 new text begin (1) improves service quality to and outcomes of a specific population by advancing new text end 28.18 new text begin health equity to help eliminate health disparities; and new text end 28.19 new text begin (2) ensures effective, equitable, comprehensive, and respectful quality care services new text end 28.20 new text begin that are responsive to an individual within a specific population's values, beliefs and new text end 28.21 new text begin practices, health literacy, preferred language, and other communication needs. new text end 28.22 new text begin (b) A tribally licensed substance use disorder program that is designated as serving new text end 28.23 new text begin a culturally specific population by the applicable tribal government is deemed to satisfy new text end 28.24 new text begin this subdivision. new text end 28.25    Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read: 28.26    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for 28.27chemical dependency services and service enhancements funded under this chapter. 28.28(b) Eligible chemical dependency treatment services include: 28.29(1) outpatient treatment services that are licensed according to Minnesota Rules, 28.30parts 9530.6405 to 9530.6480, or applicable tribal license; 28.31(2) medication-assisted therapy services that are licensed according to Minnesota 28.32Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license; 28.33(3) medication-assisted therapy plus enhanced treatment services that meet the 28.34requirements of clause (2) and provide nine hours of clinical services each week; 29.1(4) high, medium, and low intensity residential treatment services that are licensed 29.2according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 29.3tribal license which provide, respectively, 30, 15, and five hours of clinical services each 29.4week; 29.5(5) hospital-based treatment services that are licensed according to Minnesota Rules, 29.6parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 29.7sections 144.50 to 144.56; 29.8(6) adolescent treatment programs that are licensed as outpatient treatment programs 29.9according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 29.10programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and 29.11(7) room and board facilities that meet the requirements of section 254B.05, 29.12subdivision 1a. 29.13(c) The commissioner shall establish higher rates for programs that meet the 29.14requirements of paragraph (b) and the following additional requirements: 29.15(1) programs that serve parents with their children if the program meets the 29.16additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child 29.17care that meets the requirements of section 245A.03, subdivision 2, during hours of 29.18treatment activity; 29.19(2) new text begin culturally specific new text end programs serving special populations new text begin as defined in section new text end 29.20 new text begin 254B.01, subdivision 8, new text end if the program meets the requirements in Minnesota Rules, part 29.219530.6605, subpart 13; 29.22(3) programs that offer medical services delivered by appropriately credentialed 29.23health care staff in an amount equal to two hours per client per week; and 29.24(4) programs that offer services to individuals with co-occurring mental health and 29.25chemical dependency problems if: 29.26(i) the program meets the co-occurring requirements in Minnesota Rules, part 29.279530.6495; 29.28(ii) 25 percent of the counseling staff are mental health professionals, as defined in 29.29section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 29.30under the supervision of a licensed alcohol and drug counselor supervisor and licensed 29.31mental health professional, except that no more than 50 percent of the mental health staff 29.32may be students or licensing candidates; 29.33(iii) clients scoring positive on a standardized mental health screen receive a mental 29.34health diagnostic assessment within ten days of admission; 29.35(iv) the program has standards for multidisciplinary case review that include a 29.36monthly review for each client; 30.1(v) family education is offered that addresses mental health and substance abuse 30.2disorders and the interaction between the two; and 30.3(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 30.4training annually. 30.5(d) Adolescent residential programs that meet the requirements of Minnesota Rules, 30.6parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause 30.7(4), items (i) to (iv). 30.8    Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is 30.9amended to read: 30.10    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American 30.11Indian Child Welfare Advisory Council expires June 30, 2014 new text begin 2018 new text end . 30.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.13    Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read: 30.14    Subd. 3. Juvenile treatment screening team. (a) The responsible social services 30.15agency shall establish a juvenile treatment screening team to conduct screenings and 30.16prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision 30.173. Screenings shall be conducted within 15 days of a request for a screening new text begin , unless new text end 30.18 new text begin the screening is for the purpose of placement in mental health residential treatment new text end 30.19 new text begin and the child is enrolled in a prepaid health program under section 256B.69 in which new text end 30.20 new text begin case the screening shall be conducted within ten working days of a request new text end . The team, 30.21which may be the team constituted under section 245.4885 or 256B.092 or Minnesota 30.22Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice 30.23professionals, persons with expertise in the treatment of juveniles who are emotionally 30.24disabled, chemically dependent, or have a developmental disability, and the child's parent, 30.25guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201, 30.26subdivision 11 , or section 260C.515, subdivision 4. The team may be the same team as 30.27defined in section 260B.157, subdivision 3. 30.28(b) The social services agency shall determine whether a child brought to its 30.29attention for the purposes described in this section is an Indian child, as defined in section 30.30260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as 30.31defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 30.32the team provided in paragraph (a) shall include a designated representative of the Indian 30.33child's tribe, unless the child's tribal authority declines to appoint a representative. The 31.1Indian child's tribe may delegate its authority to represent the child to any other federally 31.2recognized Indian tribe, as defined in section 260.755, subdivision 12. 31.3(c) If the court, prior to, or as part of, a final disposition, proposes to place a child: 31.4(1) for the primary purpose of treatment for an emotional disturbance, a 31.5developmental disability, or chemical dependency in a residential treatment facility out 31.6of state or in one which is within the state and licensed by the commissioner of human 31.7services under chapter 245A; or 31.8(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 31.9postdispositional placement in a facility licensed by the commissioner of corrections or 31.10human services, the court shall ascertain whether the child is an Indian child and shall 31.11notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 31.12child's tribe. The county's juvenile treatment screening team must either: (i) screen and 31.13evaluate the child and file its recommendations with the court within 14 days of receipt 31.14of the notice; or (ii) elect not to screen a given case and notify the court of that decision 31.15within three working days. 31.16(d) The child may not be placed for the primary purpose of treatment for an 31.17emotional disturbance, a developmental disability, or chemical dependency, in a residential 31.18treatment facility out of state nor in a residential treatment facility within the state that is 31.19licensed under chapter 245A, unless one of the following conditions applies: 31.20(1) a treatment professional certifies that an emergency requires the placement 31.21of the child in a facility within the state; 31.22(2) the screening team has evaluated the child and recommended that a residential 31.23placement is necessary to meet the child's treatment needs and the safety needs of the 31.24community, that it is a cost-effective means of meeting the treatment needs, and that it 31.25will be of therapeutic value to the child; or 31.26(3) the court, having reviewed a screening team recommendation against placement, 31.27determines to the contrary that a residential placement is necessary. The court shall state 31.28the reasons for its determination in writing, on the record, and shall respond specifically 31.29to the findings and recommendation of the screening team in explaining why the 31.30recommendation was rejected. The attorney representing the child and the prosecuting 31.31attorney shall be afforded an opportunity to be heard on the matter. 31.32(e) When the county's juvenile treatment screening team has elected to screen and 31.33evaluate a child determined to be an Indian child, the team shall provide notice to the 31.34tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 31.35member of the tribe or as a person eligible for membership in the tribe, and permit the 31.36tribe's representative to participate in the screening team. 32.1(f) When the Indian child's tribe or tribal health care services provider or Indian 32.2Health Services provider proposes to place a child for the primary purpose of treatment 32.3for an emotional disturbance, a developmental disability, or co-occurring emotional 32.4disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 32.5the child's tribe shall submit necessary documentation to the county juvenile treatment 32.6screening team, which must invite the Indian child's tribe to designate a representative to 32.7the screening team. 32.8    Sec. 10. new text begin PILOT PROGRAM; NOTICE AND INFORMATION TO new text end 32.9 new text begin COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS new text end 32.10 new text begin COMMITTED TO COMMISSIONER. new text end 32.11 new text begin The commissioner of human services may create a pilot program that is designed to new text end 32.12 new text begin respond to issues that were raised in the February 2013 Office of the Legislative Auditor new text end 32.13 new text begin report on state-operated services. The pilot program may include no more than three new text end 32.14 new text begin counties to test the efficacy of providing notice and information to the commissioner prior new text end 32.15 new text begin to or when a petition is filed to commit a patient exclusively to the commissioner. The new text end 32.16 new text begin commissioner shall provide a status update to the chairs and ranking minority members of new text end 32.17 new text begin the legislative committees with jurisdiction over civil commitment and human services new text end 32.18 new text begin issues, no later than January 15, 2015. new text end 32.19ARTICLE 4 32.20HEALTH-RELATED LICENSING BOARDS 32.21    Section 1. Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read: 32.22    Subd. 6. Unlicensed complementary and alternative health care practitioner. (a) 32.23 "Unlicensed complementary and alternative health care practitioner" means a person who: 32.24(1) either: 32.25(i) is not licensed or registered by a health-related licensing board or the 32.26commissioner of health; or 32.27(ii) is licensed or registered by the commissioner of health or a health-related 32.28licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board 32.29of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself 32.30out to the public as being licensed or registered by the commissioner or a health-related 32.31licensing board when engaging in complementary and alternative health care; 32.32(2) has not had a license or registration issued by a health-related licensing board 32.33or the commissioner of health revoked or has not been disciplined in any manner at any 33.1time in the past, unless the right to engage in complementary and alternative health care 33.2practices has been established by order of the commissioner of health; 33.3(3) is engaging in complementary and alternative health care practices; and 33.4(4) is providing complementary and alternative health care services for remuneration 33.5or is holding oneself out to the public as a practitioner of complementary and alternative 33.6health care practices. 33.7(b) A health care practitioner licensed or registered by the commissioner or a 33.8health-related licensing board, who engages in complementary and alternative health care 33.9while practicing under the practitioner's license or registration, shall be regulated by and 33.10be under the jurisdiction of the applicable health-related licensing board with regard to 33.11the complementary and alternative health care practices. 33.12    Sec. 2. new text begin [146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH new text end 33.13 new text begin CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE new text end 33.14 new text begin PRACTITIONERS. new text end 33.15 new text begin (a) A health care practitioner licensed or registered by the commissioner or a new text end 33.16 new text begin health-related licensing board, who engages in complementary and alternative health care new text end 33.17 new text begin while practicing under the practitioner's license or registration, shall be regulated by and new text end 33.18 new text begin be under the jurisdiction of the applicable health-related licensing board with regard to new text end 33.19 new text begin the complementary and alternative health care practices. new text end 33.20 new text begin (b) A health care practitioner licensed or registered by the commissioner or a new text end 33.21 new text begin health-related licensing board shall not be subject to disciplinary action solely on the basis new text end 33.22 new text begin of utilizing complementary and alternative health care practices as defined in section new text end 33.23 new text begin 146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for new text end 33.24 new text begin referring a patient to a complementary and alternative health care practitioner as defined in new text end 33.25 new text begin section 146A.01, subdivision 6. new text end 33.26 new text begin (c) A health care practitioner licensed or registered by the commissioner or a new text end 33.27 new text begin health-related licensing board who utilizes complementary and alternative health care new text end 33.28 new text begin practices must provide patients receiving these services with a written copy of the new text end 33.29 new text begin complementary and alternative health care client bill of rights pursuant to section 146A.11. new text end 33.30 new text begin (d) Nothing in this section shall be construed to prohibit or restrict the commissioner new text end 33.31 new text begin or a health-related licensing board from imposing disciplinary action for conduct that new text end 33.32 new text begin violates provisions of the applicable licensed or registered health care practitioner's new text end 33.33 new text begin practice act. new text end 34.1    Sec. 3. Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is 34.2amended to read: 34.3    Subdivision 1. Scope. (a) All unlicensed complementary and alternative health 34.4care practitioners shall provide to each complementary and alternative health care 34.5client prior to providing treatment a written copy of the complementary and alternative 34.6health care client bill of rights. A copy must also be posted in a prominent location 34.7in the office of the unlicensed complementary and alternative health care practitioner. 34.8Reasonable accommodations shall be made for those clients who cannot read or who 34.9have communication disabilities and those who do not read or speak English. The 34.10complementary and alternative health care client bill of rights shall include the following: 34.11    (1) the name, complementary and alternative health care title, business address, and 34.12telephone number of the unlicensed complementary and alternative health care practitioner; 34.13    (2) the degrees, training, experience, or other qualifications of the practitioner 34.14regarding the complimentary and alternative health care being provided, followed by the 34.15following statement in bold print: 34.16    "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL 34.17AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND 34.18ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF 34.19CREDENTIALS IS FOR INFORMATION PURPOSES ONLY. 34.20    Under Minnesota law, an unlicensed complementary and alternative health care 34.21practitioner may not provide a medical diagnosis or recommend discontinuance of 34.22medically prescribed treatments. If a client desires a diagnosis from a licensed physician, 34.23chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, 34.24osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic 34.25trainer, or any other type of health care provider, the client may seek such services at 34.26any time."; 34.27    (3) the name, business address, and telephone number of the practitioner's 34.28supervisor, if any; 34.29    (4) notice that a complementary and alternative health care client has the right to file a 34.30complaint with the practitioner's supervisor, if any, and the procedure for filing complaints; 34.31    (5) the name, address, and telephone number of the office of unlicensed 34.32complementary and alternative health care practice and notice that a client may file 34.33complaints with the office; 34.34    (6) the practitioner's fees per unit of service, the practitioner's method of billing 34.35for such fees, the names of any insurance companies that have agreed to reimburse the 34.36practitioner, or health maintenance organizations with whom the practitioner contracts to 35.1provide service, whether the practitioner accepts Medicare, medical assistance, or general 35.2assistance medical care, and whether the practitioner is willing to accept partial payment, 35.3or to waive payment, and in what circumstances; 35.4    (7) a statement that the client has a right to reasonable notice of changes in services 35.5or charges; 35.6    (8) a brief summary, in plain language, of the theoretical approach used by the 35.7practitioner in providing services to clients; 35.8    (9) notice that the client has a right to complete and current information concerning 35.9the practitioner's assessment and recommended service that is to be provided, including 35.10the expected duration of the service to be provided; 35.11    (10) a statement that clients may expect courteous treatment and to be free from 35.12verbal, physical, or sexual abuse by the practitioner; 35.13    (11) a statement that client records and transactions with the practitioner are 35.14confidential, unless release of these records is authorized in writing by the client, or 35.15otherwise provided by law; 35.16    (12) a statement of the client's right to be allowed access to records and written 35.17information from records in accordance with sections 144.291 to 144.298; 35.18    (13) a statement that other services may be available in the community, including 35.19where information concerning services is available; 35.20    (14) a statement that the client has the right to choose freely among available 35.21practitioners and to change practitioners after services have begun, within the limits of 35.22health insurance, medical assistance, or other health programs; 35.23    (15) a statement that the client has a right to coordinated transfer when there will 35.24be a change in the provider of services; 35.25    (16) a statement that the client may refuse services or treatment, unless otherwise 35.26provided by law; and 35.27    (17) a statement that the client may assert the client's rights without retaliation. 35.28    (b) This section does not apply to an unlicensed complementary and alternative 35.29health care practitioner who is employed by or is a volunteer in a hospital or hospice who 35.30provides services to a client in a hospital or under an appropriate hospice plan of care. 35.31Patients receiving complementary and alternative health care services in an inpatient 35.32hospital or under an appropriate hospice plan of care shall have and be made aware of 35.33the right to file a complaint with the hospital or hospice provider through which the 35.34practitioner is employed or registered as a volunteer. 35.35 new text begin (c) This section does not apply to a health care practitioner licensed or registered by new text end 35.36 new text begin the commissioner of health or a health-related licensing board who utilizes complementary new text end 36.1 new text begin and alternative health care practices within the scope of practice of the health care new text end 36.2 new text begin practitioner's professional license. new text end 36.3    Sec. 4. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read: 36.4    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10: 36.5    (1) "chiropractic" is defined as the science of adjusting any abnormal articulations 36.6of the human body, especially those of the spinal column, for the purpose of giving 36.7freedom of action to impinged nerves that may cause pain or deranged function; and 36.8 new text begin means the health care discipline that recognizes the innate recuperative power of the body new text end 36.9 new text begin to heal itself without the use of drugs or surgery by identifying and caring for vertebral new text end 36.10 new text begin subluxations and other abnormal articulations by emphasizing the relationship between new text end 36.11 new text begin structure and function as coordinated by the nervous system and how that relationship new text end 36.12 new text begin affects the preservation and restoration of health; new text end 36.13     new text begin (2) "chiropractic services" means the evaluation and facilitation of structural, new text end 36.14 new text begin biomechanical, and neurological function and integrity through the use of adjustment, new text end 36.15 new text begin manipulation, mobilization, or other procedures accomplished by manual or mechanical new text end 36.16 new text begin forces applied to bones or joints and their related soft tissues for correction of vertebral new text end 36.17 new text begin subluxation, other abnormal articulations, neurological disturbances, structural alterations, new text end 36.18 new text begin or biomechanical alterations, and includes, but is not limited to, manual therapy and new text end 36.19 new text begin mechanical therapy as defined in section 146.23; new text end 36.20     new text begin (3) "abnormal articulation" means the condition of opposing bony joint surfaces and new text end 36.21 new text begin their related soft tissues that do not function normally, including subluxation, fixation, new text end 36.22 new text begin adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or new text end 36.23 new text begin disturbances within the nervous system, results in postural alteration, inhibits motion, new text end 36.24 new text begin allows excessive motion, alters direction of motion, or results in loss of axial loading new text end 36.25 new text begin efficiency, or a combination of these; new text end 36.26     new text begin (4) "diagnosis" means the physical, clinical, and laboratory examination of the new text end 36.27 new text begin patient, and the use of diagnostic services for diagnostic purposes within the scope of the new text end 36.28 new text begin practice of chiropractic described in sections 148.01 to 148.10; new text end 36.29     new text begin (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic new text end 36.30 new text begin measures, including diagnostic imaging that may be necessary to determine the presence new text end 36.31 new text begin or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for new text end 36.32 new text begin evaluation of a health concern, diagnosis, differential diagnosis, treatment, further new text end 36.33 new text begin examination, or referral; new text end 36.34     new text begin (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota new text end 36.35 new text begin Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive new text end 37.1 new text begin sciences and procedures for which the licensee was subject to examination under section new text end 37.2 new text begin 148.06. When provided, therapeutic services must be performed within a practice new text end 37.3 new text begin where the primary focus is the provision of chiropractic services, to prepare the patient new text end 37.4 new text begin for chiropractic services, or to complement the provision of chiropractic services. The new text end 37.5 new text begin administration of therapeutic services is the responsibility of the treating chiropractor and new text end 37.6 new text begin must be rendered under the direct supervision of qualified staff; new text end 37.7     new text begin (7) "acupuncture" means a modality of treating abnormal physical conditions new text end 37.8 new text begin by stimulating various points of the body or interruption of the cutaneous integrity new text end 37.9 new text begin by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as new text end 37.10 new text begin utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an new text end 37.11 new text begin independent therapy or separately from chiropractic services. Acupuncture is permitted new text end 37.12 new text begin under section 148.01 only after registration with the board which requires completion new text end 37.13 new text begin of a board-approved course of study and successful completion of a board-approved new text end 37.14 new text begin national examination on acupuncture. Renewal of registration shall require completion of new text end 37.15 new text begin board-approved continuing education requirements in acupuncture. The restrictions of new text end 37.16 new text begin section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture new text end 37.17 new text begin under this section; and new text end 37.18    (2) new text begin (8) new text end "animal chiropractic diagnosis and treatment" means treatment that includes 37.19identifying and resolving vertebral subluxation complexes, spinal manipulation, and 37.20manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 37.21diagnosis and treatment does not include: 37.22    (i) performing surgery; 37.23    (ii) dispensing or administering of medications; or 37.24    (iii) performing traditional veterinary care and diagnosis. 37.25    Sec. 5. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read: 37.26    Subd. 2. Exclusions. The practice of chiropractic is not the practice of medicine, 37.27surgery, or osteopathy new text begin , or physical therapy new text end . 37.28    Sec. 6. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision 37.29to read: 37.30     new text begin Subd. 4. new text end new text begin Practice of chiropractic. new text end new text begin An individual licensed to practice under section new text end 37.31 new text begin 148.06 is authorized to perform chiropractic services, acupuncture, and therapeutic new text end 37.32 new text begin services, and to provide diagnosis and to render opinions pertaining to those services for new text end 37.33 new text begin the purpose of determining a course of action in the best interests of the patient, such as a new text end 37.34 new text begin treatment plan, appropriate referral, or both. new text end 38.1    Sec. 7. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read: 38.2    Subdivision 1. Generally. Any person who practices, or attempts to practice, 38.3chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," 38.4"Chiropractor," "DC," or any other title or letters under any circumstances as to lead 38.5the public to believe that the person who so uses the terms is engaged in the practice of 38.6chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is 38.7guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more 38.8than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than 38.9six months or punished by both fine and imprisonment, in the discretion of the court. It is 38.10the duty of the county attorney of the county in which the person practices to prosecute. 38.11Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person: 38.12(1) licensed by a health-related licensing board, as defined in section 214.01, 38.13subdivision 2 , including psychological practitioners with respect to the use of hypnosis; 38.14(2) registered new text begin or licensed new text end by the commissioner of health under section 214.13; or 38.15(3) engaged in other methods of healing regulated by law in the state of Minnesota; 38.16provided that the person confines activities within the scope of the license or other 38.17regulation and does not practice or attempt to practice chiropractic. 38.18    Sec. 8. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision 38.19to read: 38.20     new text begin Subd. 1a. new text end new text begin Conviction of a felony-level criminal sexual offense. new text end new text begin (a) Except as new text end 38.21 new text begin provided in paragraph (e), the board may not grant or renew a license to practice nursing new text end 38.22 new text begin to any person who has been convicted on or after August 1, 2014, of any of the provisions new text end 38.23 new text begin of sections new text end new text begin 609.342, subdivision 1 new text end new text begin , new text end new text begin 609.343, subdivision 1 new text end new text begin , new text end new text begin , subdivision 1, new text end 38.24 new text begin paragraphs (c) to (o), or new text end new text begin 609.345, subdivision 1 new text end new text begin , paragraphs (c) to (o), or a similar statute new text end 38.25 new text begin in another jurisdiction. new text end 38.26 new text begin (b) A license to practice nursing is automatically revoked if the licensee is convicted new text end 38.27 new text begin of an offense listed in paragraph (a). new text end 38.28 new text begin (c) A license to practice nursing that has been denied or revoked under this new text end 38.29 new text begin subdivision is not subject to chapter 364. new text end 38.30 new text begin (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of new text end 38.31 new text begin guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or new text end 38.32 new text begin execution of the sentence and final disposition of the case is accomplished at a nonfelony new text end 38.33 new text begin level. new text end 38.34 new text begin (e) The board may establish criteria whereby an individual convicted of an offense new text end 38.35 new text begin listed in paragraph (a) may become licensed provided that the criteria: new text end 39.1 new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for licensing; new text end 39.2 new text begin (2) provide a standard for overcoming the presumption; and new text end 39.3 new text begin (3) require that a minimum of ten years has elapsed since the applicant's sentence new text end 39.4 new text begin was discharged. new text end 39.5 new text begin The board shall not consider an application under this paragraph if the board new text end 39.6 new text begin determines that the victim involved in the offense was a patient or a client of the applicant new text end 39.7 new text begin at the time of the offense. new text end 39.8    Sec. 9. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read: 39.9    Subd. 4. Evidence. In disciplinary actions alleging a violation of subdivision 1, 39.10clause (3) or (4), new text begin or subdivision 1a, new text end a copy of the judgment or proceeding under the seal 39.11of the court administrator or of the administrative agency that entered the same shall be 39.12admissible into evidence without further authentication and shall constitute prima facie 39.13evidence of the violation concerned. 39.14    Sec. 10. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read: 39.15    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities 39.16that use the properties of light, water, temperature, sound, or electricity to produce a 39.17response in soft tissue. The physical agent modalities referred to in sections 148.6404 39.18 and are superficial physical agent modalities, electrical stimulation devices, 39.19and ultrasound. 39.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.21    Sec. 11. Minnesota Statutes 2012, section 148.6404, is amended to read: 39.22148.6404 SCOPE OF PRACTICE. 39.23The practice of occupational therapy by an occupational therapist or occupational 39.24therapy assistant includes, but is not limited to, intervention directed toward: 39.25(1) assessment and evaluation, including the use of skilled observation or 39.26the administration and interpretation of standardized or nonstandardized tests and 39.27measurements, to identify areas for occupational therapy services; 39.28(2) providing for the development of sensory integrative, neuromuscular, or motor 39.29components of performance; 39.30(3) providing for the development of emotional, motivational, cognitive, or 39.31psychosocial components of performance; 39.32(4) developing daily living skills; 40.1(5) developing feeding and swallowing skills; 40.2(6) developing play skills and leisure capacities; 40.3(7) enhancing educational performance skills; 40.4(8) enhancing functional performance and work readiness through exercise, range of 40.5motion, and use of ergonomic principles; 40.6(9) designing, fabricating, or applying rehabilitative technology, such as selected 40.7orthotic and prosthetic devices, and providing training in the functional use of these devices; 40.8(10) designing, fabricating, or adapting assistive technology and providing training 40.9in the functional use of assistive devices; 40.10(11) adapting environments using assistive technology such as environmental 40.11controls, wheelchair modifications, and positioning; 40.12(12) employing physical agent modalities, in preparation for or as an adjunct to 40.13purposeful activity, within the same treatment session or to meet established functional 40.14occupational therapy goals, consistent with the requirements of section ; and 40.15(13) promoting health and wellness. 40.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.17    Sec. 12. Minnesota Statutes 2012, section 148.6430, is amended to read: 40.18148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS. 40.19The occupational therapist is responsible for all duties delegated to the occupational 40.20therapy assistant or tasks assigned to direct service personnel. The occupational therapist 40.21may delegate to an occupational therapy assistant those portions of a client's evaluation, 40.22reevaluation, and treatment that, according to prevailing practice standards of the 40.23American Occupational Therapy Association, can be performed by an occupational 40.24therapy assistant. The occupational therapist may not delegate portions of an evaluation or 40.25reevaluation of a person whose condition is changing rapidly. Delegation of duties related 40.26to use of physical agent modalities to occupational therapy assistants is governed by 40.27section 148.6440, subdivision 6. 40.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.29    Sec. 13. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read: 40.30    Subdivision 1. Applicability. If the professional standards identified in section 40.31148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or 40.32treatment procedure, the occupational therapist must provide supervision consistent 41.1with this section. Supervision of occupational therapy assistants using physical agent 41.2modalities is governed by section 148.6440, subdivision 6. 41.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 41.4    Sec. 14. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read: 41.5    Subd. 3. Approved education program. "Approved education program" means 41.6a university, college, or other postsecondary education program of athletic training 41.7that, at the time the student completes the program, is approved or accredited by the 41.8National Athletic Trainers Association Professional Education Committee, the National 41.9Athletic Trainers Association Board of Certification, or the Joint Review Committee on 41.10Educational Programs in Athletic Training in collaboration with the American Academy 41.11of Family Physicians, the American Academy of Pediatrics, the American Medical 41.12Association, and the National Athletic Trainers Association new text begin a nationally recognized new text end 41.13 new text begin accreditation agency for athletic training education programs approved by the board new text end . 41.14    Sec. 15. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read: 41.15    Subd. 9. Credentialing examination. "Credentialing examination" means an 41.16examination administered by the National Athletic Trainers Association Board of 41.17Certification new text begin , or the board's recognized successor, new text end for credentialing as an athletic trainer, 41.18or an examination for credentialing offered by a national testing service that is approved 41.19by the board. 41.20    Sec. 16. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read: 41.21    Subdivision 1. Designation. A person shall not use in connection with the person's 41.22name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota 41.23registered athletic trainer; athletic trainer; new text begin AT; new text end ATR; or any words, letters, abbreviations, 41.24or insignia indicating or implying that the person is an athletic trainer, without a certificate 41.25of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student 41.26attending a college or university athletic training program must be identified as a "student 41.27athletic trainer." new text begin an "athletic training student." new text end 41.28    Sec. 17. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read: 41.29    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council 41.30is created and is composed of eight members appointed by the board. The advisory 41.31council consists of: 41.32(1) two public members as defined in section 214.02; 42.1(2) three members who, except for initial appointees, are registered athletic trainers, 42.2one being both a licensed physical therapist and registered athletic trainer as submitted by 42.3the Minnesota American Physical Therapy Association; 42.4(3) two members who are medical physicians licensed by the state and have 42.5experience with athletic training and sports medicine; and 42.6(4) one member who is a doctor of chiropractic licensed by the state and has 42.7experience with athletic training and sports injuries. 42.8    Sec. 18. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read: 42.9    Subdivision 1. Registration. The board may issue a certificate of registration as an 42.10athletic trainer to applicants who meet the requirements under this section. An applicant 42.11for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 42.12written application on a form, provided by the board, that includes: 42.13(1) the applicant's name, Social Security number, home address and telephone 42.14number, business address and telephone number, and business setting; 42.15(2) evidence satisfactory to the board of the successful completion of an education 42.16program approved by the board; 42.17(3) educational background; 42.18(4) proof of a baccalaureate new text begin or master's new text end degree from an accredited college or 42.19university; 42.20(5) credentials held in other jurisdictions; 42.21(6) a description of any other jurisdiction's refusal to credential the applicant; 42.22(7) a description of all professional disciplinary actions initiated against the applicant 42.23in any other jurisdiction; 42.24(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; 42.25(9) evidence satisfactory to the board of a qualifying score on a credentialing 42.26examination within one year of the application for registration; 42.27(10) additional information as requested by the board; 42.28(11) the applicant's signature on a statement that the information in the application is 42.29true and correct to the best of the applicant's knowledge and belief; and 42.30(12) the applicant's signature on a waiver authorizing the board to obtain access to 42.31the applicant's records in this state or any other state in which the applicant has completed 42.32an education program approved by the board or engaged in the practice of athletic training. 42.33    Sec. 19. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read: 43.1    Subd. 4. Temporary registration. (a) The board may issue a temporary registration 43.2as an athletic trainer to qualified applicants. A temporary registration is issued for 43.3one year new text begin 120 days new text end . An athletic trainer with a temporary registration may qualify for 43.4full registration after submission of verified documentation that the athletic trainer has 43.5achieved a qualifying score on a credentialing examination within one year new text begin 120 days new text end after 43.6the date of the temporary registration. new text begin A new text end temporary registration may not be renewed. 43.7(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for 43.8 new text begin a new text end temporary registration must submit the application materials and fees for registration 43.9required under subdivision 1, clauses (1) to (8) and (10) to (12). 43.10(c) An athletic trainer with a temporary registration shall work only under the 43.11direct supervision of an athletic trainer registered under this section. No more than four 43.12 new text begin two new text end athletic trainers with temporary registrations shall work under the direction of a 43.13registered athletic trainer. 43.14    Sec. 20. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read: 43.15    Subd. 2. Approved programs. The board shall approve a continuing education 43.16program that has been approved for continuing education credit by the National Athletic 43.17Trainers Association Board of Certification new text begin , or the board's recognized successor new text end . 43.18    Sec. 21. Minnesota Statutes 2012, section 148.7813, is amended by adding a 43.19subdivision to read: 43.20     new text begin Subd. 5. new text end new text begin Discipline; reporting. new text end new text begin For the purposes of this chapter, registered athletic new text end 43.21 new text begin trainers and applicants are subject to sections 147.091 to 147.162. new text end 43.22    Sec. 22. Minnesota Statutes 2012, section 148.7814, is amended to read: 43.23148.7814 APPLICABILITY. 43.24Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 43.25trainers by the National Athletic Trainers Association Board of Certification new text begin or the board's new text end 43.26 new text begin recognized successor new text end and come into Minnesota for a specific athletic event or series of 43.27athletic events with an individual or group. 43.28    Sec. 23. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read: 43.29    Subd. 2. Certified doula. "Certified doula" means an individual who has received 43.30a certification to perform doula services from the International Childbirth Education 43.31Association, the Doulas of North America (DONA), the Association of Labor Assistants 43.32and Childbirth Educators (ALACE), Birthworks, new text begin the new text end Childbirth and Postpartum 44.1Professional Association (CAPPA), Childbirth International, or new text begin the new text end International Center 44.2for Traditional Childbearing new text begin , or Commonsense Childbirth, Inc new text end . 44.3    Sec. 24. Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read: 44.4    Subd. 2. Qualifications. The commissioner shall include on the registry any 44.5individual who: 44.6    (1) submits an application on a form provided by the commissioner. The form must 44.7include the applicant's name, address, and contact information; 44.8    (2) maintains a current certification from one of the organizations listed in section 44.9146B.01, subdivision 2 new text begin 148.995, subdivision 2 new text end ; and 44.10    (3) pays the fees required under section 148.997. 44.11    Sec. 25. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read: 44.12    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed 44.134,000 hours of post-master's degree supervised professional practice in the delivery 44.14of clinical services in the diagnosis and treatment of mental illnesses and disorders in 44.15both children and adults. The supervised practice shall be conducted according to the 44.16requirements in paragraphs (b) to (e). 44.17    (b) The supervision must have been received under a contract that defines clinical 44.18practice and supervision from a mental health professional as defined in section 245.462, 44.19subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a 44.20board-approved supervisor, who has at least two years of postlicensure experience in the 44.21delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders. 44.22 new text begin All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010. new text end 44.23    (c) The supervision must be obtained at the rate of two hours of supervision per 40 44.24hours of professional practice. The supervision must be evenly distributed over the course 44.25of the supervised professional practice. At least 75 percent of the required supervision 44.26hours must be received in person. The remaining 25 percent of the required hours may be 44.27received by telephone or by audio or audiovisual electronic device. At least 50 percent of 44.28the required hours of supervision must be received on an individual basis. The remaining 44.2950 percent may be received in a group setting. 44.30    (d) The supervised practice must include at least 1,800 hours of clinical client contact. 44.31    (e) The supervised practice must be clinical practice. Supervision includes the 44.32observation by the supervisor of the successful application of professional counseling 44.33knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 45.1function, disability, or impairment, including addictions and emotional, mental, and 45.2behavioral disorders. 45.3    Sec. 26. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read: 45.4    Subd. 4. Conversion to licensed professional clinical counselor after August 1, 45.52014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed 45.6professional counselor may convert to a LPCC by providing evidence satisfactory to the 45.7board that the applicant has met the requirements of subdivisions 1 and 2, subject to 45.8the following: 45.9    (1) the individual's license must be active and in good standing; 45.10    (2) the individual must not have any complaints pending, uncompleted disciplinary 45.11orders, or corrective action agreements; and 45.12    (3) the individual has paid the LPCC application and licensure fees required in 45.13section 148B.53, subdivision 3. new text begin (a) After August 1, 2014, an individual currently licensed new text end 45.14 new text begin in the state of Minnesota as a licensed professional counselor may convert to a LPCC by new text end 45.15 new text begin providing evidence satisfactory to the board that the applicant has met the following new text end 45.16 new text begin requirements: new text end 45.17     new text begin (1) is at least 18 years of age; new text end 45.18     new text begin (2) is of good moral character; new text end 45.19     new text begin (3) has a license that is active and in good standing; new text end 45.20     new text begin (4) has no complaints pending, uncompleted disciplinary order, or corrective action new text end 45.21 new text begin agreements; new text end 45.22     new text begin (5) has completed a master's or doctoral degree program in counseling or a related new text end 45.23 new text begin field, as determined by the board, and whose degree was from a counseling program new text end 45.24 new text begin recognized by CACREP or from an institution of higher education that is accredited by a new text end 45.25 new text begin regional accrediting organization recognized by CHEA; new text end 45.26     new text begin (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in new text end 45.27 new text begin clinical coursework which includes content in the following clinical areas: new text end 45.28     new text begin (i) diagnostic assessment for child or adult mental disorders; normative development; new text end 45.29 new text begin and psychopathology, including developmental psychopathology; new text end 45.30     new text begin (ii) clinical treatment planning with measurable goals; new text end 45.31     new text begin (iii) clinical intervention methods informed by research evidence and community new text end 45.32 new text begin standards of practice; new text end 45.33     new text begin (iv) evaluation methodologies regarding the effectiveness of interventions; new text end 45.34     new text begin (v) professional ethics applied to clinical practice; and new text end 45.35     new text begin (vi) cultural diversity; new text end 46.1     new text begin (7) has demonstrated competence in professional counseling by passing the National new text end 46.2 new text begin Clinical Mental Health Counseling Examination (NCMHCE), administered by the new text end 46.3 new text begin National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational new text end 46.4 new text begin examinations as prescribed by the board; new text end 46.5     new text begin (8) has demonstrated, to the satisfaction of the board, successful completion of 4,000 new text end 46.6 new text begin hours of supervised, post-master's degree professional practice in the delivery of clinical new text end 46.7 new text begin services in the diagnosis and treatment of child and adult mental illnesses and disorders, new text end 46.8 new text begin which includes 1,800 direct client contact hours. A licensed professional counselor new text end 46.9 new text begin who has completed 2,000 hours of supervised post-master's degree clinical professional new text end 46.10 new text begin practice and who has independent practice status need only document 2,000 additional new text end 46.11 new text begin hours of supervised post-master's degree clinical professional practice, which includes 900 new text end 46.12 new text begin direct client contact hours; and new text end 46.13     new text begin (9) has paid the LPCC application and licensure fees required in section 148B.53, new text end 46.14 new text begin subdivision 3. new text end 46.15     new text begin (b) If the coursework in paragraph (a) was not completed as part of the degree new text end 46.16 new text begin program required by paragraph (a), clause (5), the coursework must be taken and passed new text end 46.17 new text begin for credit, and must be earned from a counseling program or institution that meets the new text end 46.18 new text begin requirements in paragraph (a), clause (5). new text end 46.19    Sec. 27. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read: 46.20    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to 46.21practice dentistry as an enrolled graduate student or student of an advanced education 46.22program accredited by the American Dental Association Commission on new text begin Dental new text end 46.23Accreditation. 46.24    Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read: 46.25    Subdivision 1. Dentists. A person of good moral character who has graduated from 46.26a dental program accredited by the Commission on Dental Accreditation of the American 46.27Dental Association, having submitted an application and fee as prescribed by the board, 46.28may be examined by the board or by an agency pursuant to section 150A.03, subdivision 46.291 , in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental 46.30college in another country must not be disqualified from examination solely because of 46.31the applicant's foreign training if the board determines that the training is equivalent to or 46.32higher than that provided by a dental college accredited by the Commission on Dental 46.33Accreditation of the American Dental Association. In the case of examinations conducted 46.34pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to 47.1applying to the board for licensure. The examination shall include an examination of the 47.2applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the 47.3board. An applicant is ineligible to retake the clinical examination required by the board 47.4after failing it twice until further education and training are obtained as specified by the 47.5board by rule. A separate, nonrefundable fee may be charged for each time a person applies. 47.6An applicant who passes the examination in compliance with subdivision 2b, abides by 47.7professional ethical conduct requirements, and meets all other requirements of the board 47.8shall be licensed to practice dentistry and granted a general dentist license by the board. 47.9    Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read: 47.10    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be 47.11licensed in order to practice dentistry as defined in section 150A.05. The board may 47.12issue to members of the faculty of a school of dentistry a license designated as either a 47.13"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry 47.14within the terms described in paragraph (b) or (c). The dean of a school of dentistry and 47.15program directors of a Minnesota dental hygiene or dental assisting school accredited by 47.16the Commission on Dental Accreditation of the American Dental Association shall certify 47.17to the board those members of the school's faculty who practice dentistry but are not 47.18licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as 47.19defined in section 150A.05, before beginning duties in a school of dentistry or a dental 47.20hygiene or dental assisting school, shall apply to the board for a limited or full faculty 47.21license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, 47.22a limited faculty license must be renewed annually and a full faculty license must be 47.23renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board 47.24for issuing and renewing the faculty license. The faculty license is valid during the time 47.25the holder remains a member of the faculty of a school of dentistry or a dental hygiene or 47.26dental assisting school and subjects the holder to this chapter. 47.27(b) The board may issue to dentist members of the faculty of a Minnesota school 47.28of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 47.29Accreditation of the American Dental Association, a license designated as a limited 47.30faculty license entitling the holder to practice dentistry within the school and its affiliated 47.31teaching facilities, but only for the purposes of teaching or conducting research. The 47.32practice of dentistry at a school facility for purposes other than teaching or research is not 47.33allowed unless the dentist was a faculty member on August 1, 1993. 47.34(c) The board may issue to dentist members of the faculty of a Minnesota school 47.35of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 48.1Accreditation of the American Dental Association a license designated as a full faculty 48.2license entitling the holder to practice dentistry within the school and its affiliated teaching 48.3facilities and elsewhere if the holder of the license is employed 50 percent time or more by 48.4the school in the practice of teaching or research, and upon successful review by the board 48.5of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. 48.6The board, at its discretion, may waive specific licensing prerequisites. 48.7    Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read: 48.8    Subd. 1c. Specialty dentists. (a) The board may grant a new text begin one or more new text end specialty 48.9license new text begin licenses new text end in the specialty areas of dentistry that are recognized by the American 48.10Dental Association new text begin Commission on Dental Accreditation new text end . 48.11(b) An applicant for a specialty license shall: 48.12(1) have successfully completed a postdoctoral specialty education program 48.13accredited by the Commission on Dental Accreditation of the American Dental 48.14Association, or have announced a limitation of practice before 1967; 48.15(2) have been certified by a specialty examining board approved by the Minnesota 48.16Board of Dentistry, or provide evidence of having passed a clinical examination for 48.17licensure required for practice in any state or Canadian province, or in the case of oral and 48.18maxillofacial surgeons only, have a Minnesota medical license in good standing; 48.19(3) have been in active practice or a postdoctoral specialty education program or 48.20United States government service at least 2,000 hours in the 36 months prior to applying 48.21for a specialty license; 48.22(4) if requested by the board, be interviewed by a committee of the board, which 48.23may include the assistance of specialists in the evaluation process, and satisfactorily 48.24respond to questions designed to determine the applicant's knowledge of dental subjects 48.25and ability to practice; 48.26(5) if requested by the board, present complete records on a sample of patients 48.27treated by the applicant. The sample must be drawn from patients treated by the applicant 48.28during the 36 months preceding the date of application. The number of records shall be 48.29established by the board. The records shall be reasonably representative of the treatment 48.30typically provided by the applicant new text begin for each specialty area new text end ; 48.31(6) at board discretion, pass a board-approved English proficiency test if English is 48.32not the applicant's primary language; 48.33(7) pass all components of the National Board Dental Examinations; 48.34(8) pass the Minnesota Board of Dentistry jurisprudence examination; 48.35(9) abide by professional ethical conduct requirements; and 49.1(10) meet all other requirements prescribed by the Board of Dentistry. 49.2(c) The application must include: 49.3(1) a completed application furnished by the board; 49.4(2) at least two character references from two different dentists new text begin for each specialty new text end 49.5 new text begin area new text end , one of whom must be a dentist practicing in the same specialty area, and the other 49.6 new text begin from new text end the director of the new text begin each new text end specialty program attended; 49.7(3) a licensed physician's statement attesting to the applicant's physical and mental 49.8condition; 49.9(4) a statement from a licensed ophthalmologist or optometrist attesting to the 49.10applicant's visual acuity; 49.11(5) a nonrefundable fee; and 49.12(6) a notarized, unmounted passport-type photograph, three inches by three inches, 49.13taken not more than six months before the date of application. 49.14(d) A specialty dentist holding a new text begin one or more new text end specialty license new text begin licenses new text end is limited to 49.15practicing in the dentist's designated specialty area new text begin or areas new text end . The scope of practice must be 49.16defined by each national specialty board recognized by the American Dental Association 49.17 new text begin Commission on Dental Accreditation new text end . 49.18(e) A specialty dentist holding a general dentist new text begin dental new text end license is limited to practicing 49.19in the dentist's designated specialty area new text begin or areas new text end if the dentist has announced a limitation 49.20of practice. The scope of practice must be defined by each national specialty board 49.21recognized by the American Dental Association new text begin Commission on Dental Accreditation new text end . 49.22(f) All specialty dentists who have fulfilled the specialty dentist requirements and 49.23who intend to limit their practice to a particular specialty area new text begin or areas new text end may apply for 49.24a new text begin one or more new text end specialty license new text begin licenses new text end . 49.25    Sec. 31. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read: 49.26    Subd. 1d. Dental therapists. A person of good moral character who has graduated 49.27with a baccalaureate degree or a master's degree from a dental therapy education program 49.28that has been approved by the board or accredited by the American Dental Association 49.29 Commission on Dental Accreditation or another board-approved national accreditation 49.30organization may apply for licensure. 49.31The applicant must submit an application and fee as prescribed by the board and a 49.32diploma or certificate from a dental therapy education program. Prior to being licensed, 49.33the applicant must pass a comprehensive, competency-based clinical examination that is 49.34approved by the board and administered independently of an institution providing dental 49.35therapy education. The applicant must also pass an examination testing the applicant's 50.1knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 50.2applicant who has failed the clinical examination twice is ineligible to retake the clinical 50.3examination until further education and training are obtained as specified by the board. A 50.4separate, nonrefundable fee may be charged for each time a person applies. An applicant 50.5who passes the examination in compliance with subdivision 2b, abides by professional 50.6ethical conduct requirements, and meets all the other requirements of the board shall 50.7be licensed as a dental therapist. 50.8    Sec. 32. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read: 50.9    Subd. 2. Dental hygienists. A person of good moral character, who has graduated 50.10from a dental hygiene program accredited by the Commission on Dental Accreditation of 50.11the American Dental Association and established in an institution accredited by an agency 50.12recognized by the United States Department of Education to offer college-level programs, 50.13may apply for licensure. The dental hygiene program must provide a minimum of two 50.14academic years of dental hygiene education. The applicant must submit an application and 50.15fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being 50.16licensed, the applicant must pass the National Board of Dental Hygiene examination and a 50.17board approved examination designed to determine the applicant's clinical competency. In 50.18the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants 50.19shall take the examination before applying to the board for licensure. The applicant must 50.20also pass an examination testing the applicant's knowledge of the laws of Minnesota relating 50.21to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake 50.22the clinical examination required by the board after failing it twice until further education 50.23and training are obtained as specified by board rule. A separate, nonrefundable fee may 50.24be charged for each time a person applies. An applicant who passes the examination in 50.25compliance with subdivision 2b, abides by professional ethical conduct requirements, and 50.26meets all the other requirements of the board shall be licensed as a dental hygienist. 50.27    Sec. 33. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read: 50.28    Subd. 2a. Licensed dental assistant. A person of good moral character, who has 50.29graduated from a dental assisting program accredited by the Commission on Dental 50.30Accreditation of the American Dental Association, may apply for licensure. The applicant 50.31must submit an application and fee as prescribed by the board and the diploma or 50.32certificate of dental assisting. In the case of examinations conducted pursuant to section 50.33150A.03, subdivision 1 , applicants shall take the examination before applying to the board 50.34for licensure. The examination shall include an examination of the applicant's knowledge 51.1of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is 51.2ineligible to retake the licensure examination required by the board after failing it twice 51.3until further education and training are obtained as specified by board rule. A separate, 51.4nonrefundable fee may be charged for each time a person applies. An applicant who 51.5passes the examination in compliance with subdivision 2b, abides by professional ethical 51.6conduct requirements, and meets all the other requirements of the board shall be licensed 51.7as a dental assistant. 51.8    Sec. 34. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read: 51.9    Subd. 2d. Continuing education and professional development waiver. (a) The 51.10board shall grant a waiver to the continuing education requirements under this chapter for 51.11a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental 51.12assistant who documents to the satisfaction of the board that the dentist, dental therapist, 51.13dental hygienist, or licensed dental assistant has retired from active practice in the state 51.14and limits the provision of dental care services to those offered without compensation 51.15in a public health, community, or tribal clinic or a nonprofit organization that provides 51.16services to the indigent or to recipients of medical assistance, general assistance medical 51.17care, or MinnesotaCare programs. 51.18(b) The board may require written documentation from the volunteer and retired 51.19dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting 51.20this waiver. 51.21(c) The board shall require the volunteer and retired dentist, dental therapist, dental 51.22hygienist, or licensed dental assistant to meet the following requirements: 51.23(1) a licensee seeking a waiver under this subdivision must complete and document 51.24at least five hours of approved courses in infection control, medical emergencies, and 51.25medical management for the continuing education cycle; and 51.26(2) provide documentation of current CPR certification from completion of the 51.27American Heart Association healthcare provider course, new text begin or new text end the American Red Cross 51.28professional rescuer course, or an equivalent entity. 51.29    Sec. 35. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read: 51.30    Subd. 3. Waiver of examination. (a) All or any part of the examination for 51.31dentists or dental hygienists, except that pertaining to the law of Minnesota relating to 51.32dentistry and the rules of the board, may, at the discretion of the board, be waived for an 51.33applicant who presents a certificate of having passed all components of the National Board 51.34Dental Examinations or evidence of having maintained an adequate scholastic standing 52.1as determined by the board, in dental school as to dentists, or dental hygiene school as 52.2to dental hygienists. 52.3(b) The board shall waive the clinical examination required for licensure for any 52.4dentist applicant who is a graduate of a dental school accredited by the Commission on 52.5Dental Accreditation of the American Dental Association, who has passed all components 52.6of the National Board Dental Examinations, and who has satisfactorily completed a 52.7Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced 52.8education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral 52.9program must be accredited by the Commission on Dental Accreditation of the American 52.10Dental Association, be of at least one year's duration, and include an outcome assessment 52.11evaluation assessing the resident's competence to practice dentistry. The board may require 52.12the applicant to submit any information deemed necessary by the board to determine 52.13whether the waiver is applicable. The board may waive the clinical examination for an 52.14applicant who meets the requirements of this paragraph and has satisfactorily completed an 52.15accredited postdoctoral general dentistry residency program located outside of Minnesota. 52.16    Sec. 36. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read: 52.17    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application 52.18and payment of a fee established by the board, apply for licensure based on an evaluation 52.19of the applicant's education, experience, and performance record in lieu of completing a 52.20board-approved dental assisting program for expanded functions as defined in rule, and 52.21may be interviewed by the board to determine if the applicant: 52.22(1) has graduated from an accredited dental assisting program accredited by the 52.23Commission of new text begin on new text end Dental Accreditation of the American Dental Association, or is 52.24currently certified by the Dental Assisting National Board; 52.25(2) is not subject to any pending or final disciplinary action in another state or 52.26Canadian province, or if not currently certified or registered, previously had a certification 52.27or registration in another state or Canadian province in good standing that was not subject 52.28to any final or pending disciplinary action at the time of surrender; 52.29(3) is of good moral character and abides by professional ethical conduct 52.30requirements; 52.31(4) at board discretion, has passed a board-approved English proficiency test if 52.32English is not the applicant's primary language; and 52.33(5) has met all expanded functions curriculum equivalency requirements of a 52.34Minnesota board-approved dental assisting program. 53.1(b) The board, at its discretion, may waive specific licensure requirements in 53.2paragraph (a). 53.3(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 53.4minimum knowledge in dental subjects required for licensure under subdivision 2a must 53.5be licensed to practice the applicant's profession. 53.6(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 53.7required for licensure under subdivision 2a, the application must be denied. If licensure is 53.8denied, the board may notify the applicant of any specific remedy that the applicant could 53.9take which, when passed, would qualify the applicant for licensure. A denial does not 53.10prohibit the applicant from applying for licensure under subdivision 2a. 53.11(e) A candidate whose application has been denied may appeal the decision to the 53.12board according to subdivision 4a. 53.13    Sec. 37. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read: 53.14    Subd. 3. Initial license or permit fees. Along with the application fee, each of the 53.15following applicants shall submit a separate prorated initial license or permit fee. The 53.16prorated initial fee shall be established by the board based on the number of months of the 53.17applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to 53.18exceed the following monthly new text begin nonrefundable new text end fee amounts: 53.19(1) dentist or full faculty dentist, $14 times the number of months of the initial 53.20term new text begin $168 new text end ; 53.21(2) dental therapist, $10 times the number of months of the initial term new text begin $120 new text end ; 53.22(3) dental hygienist, $5 times the number of months of the initial term new text begin $60 new text end ; 53.23(4) licensed dental assistant, $3 times the number of months of the initial term 53.24 new text begin $36 new text end ; and 53.25(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500, 53.26subpart 3, $1 times the number of months of the initial term new text begin $12 new text end . 53.27    Sec. 38. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read: 53.28    Subd. 8. Duplicate license or certificate fee. Each applicant shall submit, with 53.29a request for issuance of a duplicate of the original license, or of an annual or biennial 53.30renewal certificate for a license or permit, a fee in the following amounts: 53.31(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental 53.32assistant license, $35; and 53.33(2) annual or biennial renewal certificates, $10. new text begin ; and new text end 53.34 new text begin (3) wallet-sized license and renewal certificate, $15. new text end 54.1    Sec. 39. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to 54.2read: 54.3    Subd. 16. Failure of professional development portfolio audit. A licensee shall 54.4submit a fee as established by the board not to exceed the amount of $250 after failing two 54.5consecutive professional development portfolio audits and, thereafter, for each failed new text begin (a) If new text end 54.6 new text begin a licensee fails a new text end professional development portfolio audit under Minnesota Rules, part 54.73100.5300. new text begin , the board is authorized to take the following actions: new text end 54.8 new text begin (1) for the first failure, the board may issue a warning to the licensee; new text end 54.9 new text begin (2) for the second failure within ten years, the board may assess a penalty of not new text end 54.10 new text begin more than $250; and new text end 54.11 new text begin (3) for any additional failures within the ten-year period, the board may assess a new text end 54.12 new text begin penalty of not more than $1,000. new text end 54.13 new text begin (b) In addition to the penalty fee, the board may initiate the complaint process to new text end 54.14 new text begin address multiple failed audits. new text end 54.15    Sec. 40. Minnesota Statutes 2012, section 150A.10, is amended to read: 54.16150A.10 ALLIED DENTAL PERSONNEL. 54.17    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist, 54.18public institution, or school authority may obtain services from a licensed dental hygienist. 54.19The licensed dental hygienist may provide those services defined in section 150A.05, 54.20subdivision 1a . The services provided shall not include the establishment of a final 54.21diagnosis or treatment plan for a dental patient. All services shall be provided under 54.22supervision of a licensed dentist. Any licensed dentist who shall permit any dental service 54.23by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed 54.24to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental 54.25service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12. 54.26    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding 54.27subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 54.28by a health care facility, program, or nonprofit organization to perform dental hygiene 54.29services described under paragraph (b) without the patient first being examined by a 54.30licensed dentist if the dental hygienist: 54.31(1) has been engaged in the active practice of clinical dental hygiene for not less than 54.322,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 54.33200 hours of clinical practice in two of the past three years; 54.34(2) has entered into a collaborative agreement with a licensed dentist that designates 54.35authorization for the services provided by the dental hygienist; 55.1(3) has documented participation in courses in infection control and medical 55.2emergencies within each continuing education cycle; and 55.3(4) maintains current CPR certification from completion of the American Heart 55.4Association healthcare provider course, new text begin or new text end the American Red Cross professional rescuer 55.5course, or an equivalent entity. 55.6(b) The dental hygiene services authorized to be performed by a dental hygienist 55.7under this subdivision are limited to: 55.8(1) oral health promotion and disease prevention education; 55.9(2) removal of deposits and stains from the surfaces of the teeth; 55.10(3) application of topical preventive or prophylactic agents, including fluoride 55.11varnishes and pit and fissure sealants; 55.12(4) polishing and smoothing restorations; 55.13(5) removal of marginal overhangs; 55.14(6) performance of preliminary charting; 55.15(7) taking of radiographs; and 55.16(8) performance of scaling and root planing. 55.17The dental hygienist may administer injections of local anesthetic agents or nitrous 55.18oxide inhalation analgesia as specifically delegated in the collaborative agreement with 55.19a licensed dentist. The dentist need not first examine the patient or be present. If the 55.20patient is considered medically compromised, the collaborative dentist shall review the 55.21patient record, including the medical history, prior to the provision of these services. 55.22Collaborating dental hygienists may work with unlicensed and licensed dental assistants 55.23who may only perform duties for which licensure is not required. The performance of 55.24dental hygiene services in a health care facility, program, or nonprofit organization as 55.25authorized under this subdivision is limited to patients, students, and residents of the 55.26facility, program, or organization. 55.27(c) A collaborating dentist must be licensed under this chapter and may enter into 55.28a collaborative agreement with no more than four dental hygienists unless otherwise 55.29authorized by the board. The board shall develop parameters and a process for obtaining 55.30authorization to collaborate with more than four dental hygienists. The collaborative 55.31agreement must include: 55.32(1) consideration for medically compromised patients and medical conditions for 55.33which a dental evaluation and treatment plan must occur prior to the provision of dental 55.34hygiene services; 56.1(2) age- and procedure-specific standard collaborative practice protocols, including 56.2recommended intervals for the performance of dental hygiene services and a period of 56.3time in which an examination by a dentist should occur; 56.4(3) copies of consent to treatment form provided to the patient by the dental hygienist; 56.5(4) specific protocols for the placement of pit and fissure sealants and requirements 56.6for follow-up care to assure the efficacy of the sealants after application; and 56.7(5) a procedure for creating and maintaining dental records for the patients that are 56.8treated by the dental hygienist. This procedure must specify where these records are 56.9to be located. 56.10The collaborative agreement must be signed and maintained by the dentist, the dental 56.11hygienist, and the facility, program, or organization; must be reviewed annually by the 56.12collaborating dentist and dental hygienist; and must be made available to the board 56.13upon request. 56.14(d) Before performing any services authorized under this subdivision, a dental 56.15hygienist must provide the patient with a consent to treatment form which must include a 56.16statement advising the patient that the dental hygiene services provided are not a substitute 56.17for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 56.18to the patient for further dental procedures, the dental hygienist must fill out a referral form 56.19and provide a copy of the form to the collaborating dentist. 56.20(e) For the purposes of this subdivision, a "health care facility, program, or 56.21nonprofit organization" is limited to a hospital; nursing home; home health agency; group 56.22home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 56.23commissioner of human services or the commissioner of corrections; and federal, state, or 56.24local public health facility, community clinic, tribal clinic, school authority, Head Start 56.25program, or nonprofit organization that serves individuals who are uninsured or who are 56.26Minnesota health care public program recipients. 56.27(f) For purposes of this subdivision, a "collaborative agreement" means a written 56.28agreement with a licensed dentist who authorizes and accepts responsibility for the 56.29services performed by the dental hygienist. The services authorized under this subdivision 56.30and the collaborative agreement may be performed without the presence of a licensed 56.31dentist and may be performed at a location other than the usual place of practice of the 56.32dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 56.33specified in the collaborative agreement. 56.34    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the 56.35services of any unlicensed person for the purpose of assistance in the practice of dentistry 56.36or dental therapy shall be responsible for the acts of such unlicensed person while engaged 57.1in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to 57.2perform only those acts which are authorized to be delegated to unlicensed assistants 57.3by the Board of Dentistry. The acts shall be performed under supervision of a licensed 57.4dentist or dental therapist. A licensed dental therapist shall not supervise more than four 57.5registered new text begin licensed or unlicensed new text end dental assistants at any one practice setting. The board 57.6may permit differing levels of dental assistance based upon recognized educational 57.7standards, approved by the board, for the training of dental assistants. The board may also 57.8define by rule the scope of practice of licensed and unlicensed dental assistants. The 57.9board by rule may require continuing education for differing levels of dental assistants, 57.10as a condition to their license or authority to perform their authorized duties. Any 57.11licensed dentist or dental therapist who permits an unlicensed assistant to perform any 57.12dental service other than that authorized by the board shall be deemed to be enabling an 57.13unlicensed person to practice dentistry, and commission of such an act by an unlicensed 57.14assistant shall constitute a violation of sections 150A.01 to 150A.12. 57.15    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses 57.16the services of any unlicensed person, other than under the dentist's or dental therapist's 57.17supervision and within the same practice setting, for the purpose of constructing, altering, 57.18repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, 57.19prosthetic or other dental appliance, shall be required to furnish such unlicensed person 57.20with a written work order in such form as shall be prescribed by the rules of the board. The 57.21work order shall be made in duplicate form, a duplicate copy to be retained in a permanent 57.22file of the dentist or dental therapist at the practice setting for a period of two years, and 57.23the original to be retained in a permanent file for a period of two years by the unlicensed 57.24person in that person's place of business. The permanent file of work orders to be kept 57.25by the dentist, dental therapist, or unlicensed person shall be open to inspection at any 57.26reasonable time by the board or its duly constituted agent. 57.27    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 57.282, a licensed dental hygienist or licensed dental assistant may perform the following 57.29restorative procedures: 57.30(1) place, contour, and adjust amalgam restorations; 57.31(2) place, contour, and adjust glass ionomer; 57.32(3) adapt and cement stainless steel crowns; and 57.33(4) place, contour, and adjust class I and class V supragingival composite restorations 57.34where the margins are entirely within the enamel. new text begin ; and new text end 57.35 new text begin (5) place, contour, and adjust class II and class V supragingival composite new text end 57.36 new text begin restorations on primary teeth. new text end 58.1(b) The restorative procedures described in paragraph (a) may be performed only if: 58.2(1) the licensed dental hygienist or licensed dental assistant has completed a 58.3board-approved course on the specific procedures; 58.4(2) the board-approved course includes a component that sufficiently prepares the 58.5licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly 58.6placed restoration; 58.7(3) a licensed dentist or licensed advanced dental therapist has authorized the 58.8procedure to be performed; and 58.9(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 58.10while the procedure is being performed. 58.11(c) The dental faculty who teaches the educators of the board-approved courses 58.12specified in paragraph (b) must have prior experience teaching these procedures in an 58.13accredited dental education program. 58.14    Sec. 41. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read: 58.15    Subdivision 1. License requirements. The board shall issue a license to practice 58.16podiatric medicine to a person who meets the following requirements: 58.17(a) The applicant for a license shall file a written notarized application on forms 58.18provided by the board, showing to the board's satisfaction that the applicant is of good 58.19moral character and satisfies the requirements of this section. 58.20(b) The applicant shall present evidence satisfactory to the board of being a graduate 58.21of a podiatric medical school approved by the board based upon its faculty, curriculum, 58.22facilities, accreditation by a recognized national accrediting organization approved by the 58.23board, and other relevant factors. 58.24(c) The applicant must have received a passing score on each part of the national board 58.25examinations, parts one and two, prepared and graded by the National Board of Podiatric 58.26Medical Examiners. The passing score for each part of the national board examinations, 58.27parts one and two, is as defined by the National Board of Podiatric Medical Examiners. 58.28(d) Applicants graduating after 1986 from a podiatric medical school shall present 58.29evidence satisfactory to the board of the completion of (1) one year of graduate, clinical 58.30residency or preceptorship in a program accredited by a national accrediting organization 58.31approved by the board or (2) other graduate training that meets standards equivalent to 58.32those of an approved national accrediting organization or school of podiatric medicine 58.33 new text begin of successful completion of a residency program approved by a national accrediting new text end 58.34 new text begin podiatric medicine organization new text end . 59.1(e) The applicant shall appear in person before the board or its designated 59.2representative to show that the applicant satisfies the requirements of this section, 59.3including knowledge of laws, rules, and ethics pertaining to the practice of podiatric 59.4medicine. The board may establish as internal operating procedures the procedures or 59.5requirements for the applicant's personal presentation. 59.6(f) The applicant shall pay a fee established by the board by rule. The fee shall 59.7not be refunded. 59.8(g) The applicant must not have engaged in conduct warranting disciplinary action 59.9against a licensee. If the applicant does not satisfy the requirements of this paragraph, 59.10the board may refuse to issue a license unless it determines that the public will be 59.11protected through issuance of a license with conditions and limitations the board considers 59.12appropriate. 59.13(h) Upon payment of a fee as the board may require, an applicant who fails to pass 59.14an examination and is refused a license is entitled to reexamination within one year of 59.15the board's refusal to issue the license. No more than two reexaminations are allowed 59.16without a new application for a license. 59.17    Sec. 42. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 59.18to read: 59.19     new text begin Subd. 1a. new text end new text begin Relicensure after two-year lapse of practice; reentry program. new text end new text begin A new text end 59.20 new text begin podiatrist seeking licensure or reinstatement of a license after a lapse of continuous new text end 59.21 new text begin practice of podiatric medicine of greater than two years must reestablish competency by new text end 59.22 new text begin completing a reentry program approved by the board. new text end 59.23    Sec. 43. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read: 59.24    Subd. 2. Applicants licensed in another state. The board shall issue a license 59.25to practice podiatric medicine to any person currently or formerly licensed to practice 59.26podiatric medicine in another state who satisfies the requirements of this section: 59.27(a) The applicant shall satisfy the requirements established in subdivision 1. 59.28(b) The applicant shall present evidence satisfactory to the board indicating the 59.29current status of a license to practice podiatric medicine issued by the first state of 59.30licensure and all other states and countries in which the individual has held a license. 59.31(c) If the applicant has had a license revoked, engaged in conduct warranting 59.32disciplinary action against the applicant's license, or been subjected to disciplinary action, 59.33in another state, the board may refuse to issue a license unless it determines that the 60.1public will be protected through issuance of a license with conditions or limitations the 60.2board considers appropriate. 60.3(d) The applicant shall submit with the license application the following additional 60.4information for the five-year period preceding the date of filing of the application: (1) the 60.5name and address of the applicant's professional liability insurer in the other state; and (2) 60.6the number, date, and disposition of any podiatric medical malpractice settlement or award 60.7made to the plaintiff relating to the quality of podiatric medical treatment. 60.8(e) If the license is active, the applicant shall submit with the license application 60.9evidence of compliance with the continuing education requirements in the current state of 60.10licensure. 60.11(f) If the license is inactive, the applicant shall submit with the license application 60.12evidence of participation in one-half the new text begin same new text end number of hours of acceptable continuing 60.13education required for biennial renewal, as specified under Minnesota Rules, up to five 60.14years. If the license has been inactive for more than two years, the amount of acceptable 60.15continuing education required must be obtained during the two years immediately before 60.16application or the applicant must provide other evidence as the board may reasonably 60.17require. 60.18    Sec. 44. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read: 60.19    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the 60.20rules of the board, the board may issue a temporary permit to practice podiatric medicine 60.21to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed 60.2212 months. A temporary permit may be extended under the following conditions: 60.23(1) the applicant submits acceptable evidence that the training was interrupted by 60.24circumstances beyond the control of the applicant and that the sponsor of the program 60.25agrees to the extension; 60.26(2) the applicant is continuing in a residency that extends for more than one year; or 60.27(3) the applicant is continuing in a residency that extends for more than two years. 60.28 new text begin approved by a national accrediting organization. The temporary permit is renewed new text end 60.29 new text begin annually until the residency training requirements are completed or until the residency new text end 60.30 new text begin program is terminated or discontinued. new text end 60.31    Sec. 45. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 60.32to read: 60.33     new text begin Subd. 4. new text end new text begin Continuing education. new text end new text begin (a) Every podiatrist licensed to practice in this new text end 60.34 new text begin state shall obtain 40 clock hours of continuing education in each two-year cycle of license new text end 61.1 new text begin renewal. All continuing education hours must be earned by verified attendance at or new text end 61.2 new text begin participation in a program or course sponsored by the Council on Podiatric Medical new text end 61.3 new text begin Education or approved by the board. In each two-year cycle, a maximum of eight hours of new text end 61.4 new text begin continuing education credits may be obtained through participation in online courses. new text end 61.5 new text begin (b) The number of continuing education hours required during the initial licensure new text end 61.6 new text begin period is that fraction of 40 hours, to the nearest whole hour, that is represented by the new text end 61.7 new text begin ratio of the number of days the license is held in the initial licensure period to 730 days. new text end 61.8    Sec. 46. new text begin [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK new text end 61.9 new text begin OF HARM. new text end 61.10 new text begin (a) Notwithstanding any provision of a health-related professional practice act, new text end 61.11 new text begin when a health-related licensing board receives a complaint regarding a regulated person new text end 61.12 new text begin and has probable cause to believe continued practice by the regulated person presents new text end 61.13 new text begin an imminent risk of harm, the licensing board shall temporarily suspend the regulated new text end 61.14 new text begin person's professional license. The suspension shall take effect upon written notice to the new text end 61.15 new text begin regulated person and shall specify the reason for the suspension. new text end 61.16 new text begin (b) The suspension shall remain in effect until the appropriate licensing board or new text end 61.17 new text begin the commissioner completes an investigation and issues a final order in the matter after new text end 61.18 new text begin a hearing. new text end 61.19 new text begin (c) At the time it issues the suspension notice, the appropriate licensing board shall new text end 61.20 new text begin schedule a disciplinary hearing to be held before the licensing board or pursuant to the new text end 61.21 new text begin Administrative Procedure Act. The regulated person shall be provided with at least new text end 61.22 new text begin ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be new text end 61.23 new text begin scheduled to begin no later than 30 days after issuance of the suspension order. new text end 61.24 new text begin (d) If the board has not completed its investigation and issued a final order within 30 new text end 61.25 new text begin days, the temporary suspension shall be lifted, unless the regulated person requests a delay new text end 61.26 new text begin in the disciplinary proceedings for any reason, upon which the temporary suspension shall new text end 61.27 new text begin remain in place until the completion of the investigation. new text end 61.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 61.29    Sec. 47. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read: 61.30    Subd. 3. Compensation. (a) Members of the boards may be compensated at the 61.31rate of $55 a day spent on board activities, when authorized by the board, plus expenses 61.32in new text begin Members of health-related licensing boards may be compensated at the rate of $75 a new text end 61.33 new text begin day spent on board activities and members of nonhealth-related licensing boards may be new text end 61.34 new text begin compensated at the rate of $55 a day spent on board activities when authorized by the new text end 62.1 new text begin board, plus expenses in new text end the same manner and amount as authorized by the commissioner's 62.2plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent 62.3attending board meetings, incur child care expenses that would not otherwise have been 62.4incurred, may be reimbursed for those expenses upon board authorization. 62.5(b) Members who are state employees or employees of the political subdivisions 62.6of the state must not receive the daily payment for activities that occur during working 62.7hours for which they are also compensated by the state or political subdivision. However, 62.8a state or political subdivision employee may receive the daily payment if the employee 62.9uses vacation time or compensatory time accumulated in accordance with a collective 62.10bargaining agreement or compensation plan for board activity. Members who are state 62.11employees or employees of the political subdivisions of the state may receive the expenses 62.12provided for in this subdivision unless the expenses are reimbursed by another source. 62.13Members who are state employees or employees of political subdivisions of the state 62.14may be reimbursed for child care expenses only for time spent on board activities that 62.15are outside their working hours. 62.16(c) Each board must adopt internal standards prescribing what constitutes a day 62.17spent on board activities for purposes of making daily payments under this subdivision. 62.18    Sec. 48. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read: 62.19    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints 62.20or other communications, whether oral or written, against regulated persons. Before 62.21resolving an oral complaint, the executive director or a board member designated by the 62.22board to review complaints shall require the complainant to state the complaint in writing 62.23or authorize transcribing the complaint. The executive director or the designated board 62.24member shall determine whether the complaint alleges or implies a violation of a statute 62.25or rule which the board is empowered to enforce. The executive director or the designated 62.26board member may consult with the designee of the attorney general as to a board's 62.27jurisdiction over a complaint. If the executive director or the designated board member 62.28determines that it is necessary, the executive director may seek additional information to 62.29determine whether the complaint is jurisdictional or to clarify the nature of the allegations 62.30by obtaining records or other written material, obtaining a handwriting sample from the 62.31regulated person, clarifying the alleged facts with the complainant, and requesting a written 62.32response from the subject of the complaint. new text begin The executive director may authorize a field new text end 62.33 new text begin investigation to clarify the nature of the allegations and the facts that led to the complaint. new text end 62.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 63.1    Sec. 49. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read: 63.2    Subd. 3. Referral to other agencies. The executive director shall forward to 63.3another governmental agency any complaints received by the board which do not relate 63.4to the board's jurisdiction but which relate to matters within the jurisdiction of another 63.5governmental agency. The agency shall advise the executive director of the disposition 63.6of the complaint. A complaint or other information received by another governmental 63.7agency relating to a statute or rule which a board is empowered to enforce must be 63.8forwarded to the executive director of the board to be processed in accordance with this 63.9section. Governmental agencies may new text begin shall new text end coordinate and conduct joint investigations of 63.10complaints that involve more than one governmental agency. 63.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 63.12    Sec. 50. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision 63.13to read: 63.14     new text begin Subd. 5. new text end new text begin Health professionals services program. new text end new text begin The health-related licensing new text end 63.15 new text begin boards shall include information regarding the health professionals services program new text end 63.16 new text begin on their Web sites. new text end 63.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 63.18    Sec. 51. Minnesota Statutes 2012, section 214.29, is amended to read: 63.19214.29 PROGRAM REQUIRED. 63.20 new text begin Notwithstanding section 214.28, new text end each health-related licensing board, including the 63.21Emergency Medical Services Regulatory Board under chapter 144E, shall either conduct a 63.22 new text begin contract with the new text end health professionals service program under sections 214.31 to 214.37 63.23or contract for a diversion program under section new text begin for a diversion program for new text end 63.24 new text begin regulated professionals who are unable to practice with reasonable skill and safety by new text end 63.25 new text begin reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of new text end 63.26 new text begin any mental, physical, or psychological condition new text end . 63.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014, and sunsets July 1, 2015. new text end 63.28    Sec. 52. Minnesota Statutes 2012, section 214.31, is amended to read: 63.29214.31 AUTHORITY. 63.30Two or more of the health-related licensing boards listed in section 214.01, 63.31subdivision 2 , may jointly new text begin Notwithstanding section 214.36, the health professionals new text end 64.1 new text begin services program shall contract with the health-related licensing boards to new text end conduct a 64.2health professionals services program to protect the public from persons regulated by the 64.3boards who are unable to practice with reasonable skill and safety by reason of illness, 64.4use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, 64.5physical, or psychological condition. The program does not affect a board's authority to 64.6discipline violations of a board's practice act. For purposes of sections 214.31 to 214.37, 64.7the emergency medical services regulatory board shall be included in the definition of a 64.8health-related licensing board under chapter 144E. 64.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014, and sunsets July 1, 2015. new text end 64.10    Sec. 53. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision 64.11to read: 64.12     new text begin Subd. 6. new text end new text begin Duties of a participating board. new text end new text begin Upon receiving a report from the new text end 64.13 new text begin program manager in accordance with section 214.33, subdivision 3, that a regulated new text end 64.14 new text begin person has been discharged from the program due to noncompliance based on allegations new text end 64.15 new text begin that the regulated person has engaged in conduct that might cause risk to the public, when new text end 64.16 new text begin the participating board has probable cause to believe continued practice by the regulated new text end 64.17 new text begin person presents an imminent risk of harm, the board shall temporarily suspend the new text end 64.18 new text begin regulated person's professional license until the completion of a disciplinary investigation. new text end 64.19 new text begin The board must complete the disciplinary investigation within 30 days of receipt of the new text end 64.20 new text begin report from the program. If the investigation is not completed by the board within 30 days, new text end 64.21 new text begin the temporary suspension shall be lifted, unless the regulated person requests a delay in new text end 64.22 new text begin the disciplinary proceedings for any reason, upon which the temporary suspension shall new text end 64.23 new text begin remain in place until the completion of the investigation. new text end 64.24    Sec. 54. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read: 64.25    Subd. 3. Program manager. new text begin (a) new text end The program manager shall report to the 64.26appropriate participating board a regulated person who new text begin : new text end 64.27 new text begin (1) new text end does not meet program admission criteria, new text begin ; new text end 64.28 new text begin (2) new text end violates the terms of the program participation agreement, or new text begin ; new text end 64.29 new text begin (3) new text end leaves new text begin or is discharged from new text end the program except upon fulfilling the terms for 64.30successful completion of the program as set forth in the participation agreement. new text begin ; new text end 64.31 new text begin (4) is subject to the provisions of sections 214.17 to 214.25; new text end 64.32 new text begin (5) causes identifiable patient harm; new text end 64.33 new text begin (6) unlawfully substitutes or adulterates medications; new text end 65.1 new text begin (7) writes a prescription or causes a prescription to be dispensed in the name of a new text end 65.2 new text begin person, other than the prescriber, or veterinary patient for the personal use of the prescriber; new text end 65.3 new text begin (8) alters a prescription without the knowledge of the prescriber for the purpose of new text end 65.4 new text begin obtaining a drug for personal use; new text end 65.5 new text begin (9) unlawfully uses a controlled or mood-altering substance or uses alcohol while new text end 65.6 new text begin providing patient care or during the period of time in which the regulated person may be new text end 65.7 new text begin contacted to provide patient care or is otherwise on duty, if current use is the reason for new text end 65.8 new text begin participation in the program or the use occurs while the regulated person is participating new text end 65.9 new text begin in the program; or new text end 65.10The program manager shall report to the appropriate participating board a regulated 65.11person who new text begin (10) new text end is alleged to have committed violations of the person's practice act that 65.12are outside the authority of the health professionals services program as described in 65.13sections 214.31 to 214.37. 65.14 new text begin (b) new text end The program manager shall inform any reporting person of the disposition of the 65.15person's report to the program. 65.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to new text end 65.17 new text begin violations that occur after the effective date. new text end 65.18    Sec. 55. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision 65.19to read: 65.20     new text begin Subd. 5. new text end new text begin Employer mandatory reporting. new text end new text begin (a) An employer of a person regulated new text end 65.21 new text begin by a health-related licensing board, and a health care institution or other organization new text end 65.22 new text begin where the regulated person is engaged in providing services, must report to the appropriate new text end 65.23 new text begin licensing board that a regulated person has diverted narcotics or other controlled new text end 65.24 new text begin substances in violation of state or federal narcotics or controlled substance law if: new text end 65.25 new text begin (1) the employer, health care institution, or organization making the report has new text end 65.26 new text begin knowledge of the diversion; and new text end 65.27 new text begin (2) the regulated person has diverted narcotics or other controlled substances new text end 65.28 new text begin from the reporting employer, health care institution, or organization, or at the reporting new text end 65.29 new text begin institution or organization. new text end 65.30 new text begin (b) The requirement to report under this subdivision does not apply if: new text end 65.31 new text begin (1) the regulated person is self-employed; new text end 65.32 new text begin (2) the knowledge was obtained in the course of a professional-patient relationship new text end 65.33 new text begin and the regulated person is the patient; or new text end 65.34 new text begin (3) knowledge of the diversion first becomes known to the employer, health care new text end 65.35 new text begin institution, or other organization, either from (i) an individual who is serving as a work new text end 66.1 new text begin site monitor approved by the health professional services program for the regulated new text end 66.2 new text begin person who has self-reported to the health professional services program, and who new text end 66.3 new text begin has returned to work pursuant to a health professional services program participation new text end 66.4 new text begin agreement and monitoring plan; or (ii) the regulated person who has self-reported to the new text end 66.5 new text begin health professional services program and who has returned to work pursuant to the health new text end 66.6 new text begin professional services program participation agreement and monitoring plan. new text end 66.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 66.8    Sec. 56. new text begin [214.355] GROUNDS FOR DISCIPLINARY ACTION. new text end 66.9 new text begin Each health-related licensing board, including the Emergency Medical Services new text end 66.10 new text begin Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action new text end 66.11 new text begin if a regulated person violates the terms of the health professionals services program new text end 66.12 new text begin participation agreement or leaves the program except upon fulfilling the terms for new text end 66.13 new text begin successful completion of the program as set forth in the participation agreement. new text end 66.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 66.15    Sec. 57. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read: 66.16364.09 EXCEPTIONS. 66.17(a) This chapter does not apply to the licensing process for peace officers; to law 66.18enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 66.19protection agencies; to eligibility for a private detective or protective agent license; to the 66.20licensing and background study process under chapters 245A and 245C; to eligibility 66.21for school bus driver endorsements; to eligibility for special transportation service 66.22endorsements; to eligibility for a commercial driver training instructor license, which is 66.23governed by section 171.35 and rules adopted under that section; to emergency medical 66.24services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 66.25applicant for the license has been discharged from sentence for a conviction within the ten 66.26years immediately preceding application of a violation of any of the following: 66.27(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 66.28subdivision 2 or 3; 66.29(2) any provision of chapter 152 that is punishable by a maximum sentence of 66.3015 years or more; or 66.31(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 66.32the scene of an accident, or reckless or careless driving. 67.1This chapter also shall not apply to eligibility for juvenile corrections employment, where 67.2the offense involved child physical or sexual abuse or criminal sexual conduct. 67.3(b) This chapter does not apply to a school district or to eligibility for a license 67.4issued or renewed by the Board of Teaching or the commissioner of education. 67.5(c) Nothing in this section precludes the Minnesota Police and Peace Officers 67.6Training Board or the state fire marshal from recommending policies set forth in this 67.7chapter to the attorney general for adoption in the attorney general's discretion to apply to 67.8law enforcement or fire protection agencies. 67.9(d) This chapter does not apply to a license to practice medicine that has been denied 67.10or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a. 67.11(e) This chapter does not apply to any person who has been denied a license to 67.12practice chiropractic or whose license to practice chiropractic has been revoked by the 67.13board in accordance with section 148.10, subdivision 7. 67.14 new text begin (f) This chapter does not apply to any license, registration, or permit that has new text end 67.15 new text begin been denied or revoked by the Board of Nursing in accordance with section 148.261, new text end 67.16 new text begin subdivision 1a. new text end 67.17(f) new text begin (g) new text end This chapter does not supersede a requirement under law to conduct a 67.18criminal history background investigation or consider criminal history records in hiring 67.19for particular types of employment. 67.20    Sec. 58. new text begin REVISOR'S INSTRUCTION. new text end 67.21 new text begin (a) The revisor of statutes shall remove cross-references to the sections repealed in new text end 67.22 new text begin this article wherever they appear in Minnesota Statutes and Minnesota Rules and make new text end 67.23 new text begin changes necessary to correct the punctuation, grammar, or structure of the remaining text new text end 67.24 new text begin and preserve its meaning. new text end 67.25 new text begin (b) The revisor of statutes shall change the term "physician's assistant" to "physician new text end 67.26 new text begin assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules. new text end 67.27 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (a) is effective July 1, 2014. new text end 67.28    Sec. 59. new text begin REPEALER. new text end 67.29 new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision new text end 67.30 new text begin 2; and 148.7813, new text end new text begin are repealed. new text end 67.31 new text begin (b) new text end new text begin Minnesota Statutes 2013 Supplement, section 148.6440, new text end new text begin is repealed the day new text end 67.32 new text begin following final enactment. new text end 67.33 new text begin (c) new text end new text begin Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, new text end new text begin are new text end 67.34 new text begin repealed. new text end 68.1ARTICLE 5 68.2BOARD OF PHARMACY 68.3    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read: 68.4151.01 DEFINITIONS. 68.5    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly 68.6indicates that a different meaning is intended, the following words, terms, and phrases, for 68.7the purposes of this chapter, shall be given the meanings subjoined to them. 68.8    Subd. 2. Pharmacy. "Pharmacy" means an established new text begin a new text end place of business in 68.9which prescriptions, new text begin prescription new text end drugs, medicines, chemicals, and poisons are prepared, 68.10compounded, new text begin or new text end dispensed, vended, or sold to or for the use of patients new text begin by or under new text end 68.11 new text begin the supervision of a pharmacist new text end and from which related clinical pharmacy services are 68.12delivered. 68.13    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a 68.14pharmacy that has been issued a restricted license by the board to perform a limited range 68.15of the activities that constitute the practice of pharmacy. 68.16    Subd. 3. Pharmacist. The term "Pharmacist" means an individual with a currently 68.17valid license issued by the Board of Pharmacy to practice pharmacy. 68.18    Subd. 5. Drug. The term "Drug" means all medicinal substances and preparations 68.19recognized by the United States Pharmacopoeia and National Formulary, or any revision 68.20thereof, new text begin vaccines and biologicals, new text end and all substances and preparations intended for external 68.21and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 68.22humans or other animals, and all substances and preparations, other than food, intended to 68.23affect the structure or any function of the bodies of humans or other animals. new text begin The term drug new text end 68.24 new text begin shall also mean any compound, substance, or derivative that is not approved for human new text end 68.25 new text begin consumption by the United States Food and Drug Administration or specifically permitted new text end 68.26 new text begin for human consumption under Minnesota law, and, when introduced into the body, induces new text end 68.27 new text begin an effect similar to that of a Schedule I or Schedule II controlled substance listed in new text end 68.28 new text begin section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, new text end 68.29 new text begin regardless of whether the substance is marketed for the purpose of human consumption. new text end 68.30    Subd. 6. Medicine. The term "Medicine" means any remedial agent that has the 68.31property of curing, preventing, treating, or mitigating diseases, or that is used for that 68.32purpose. 68.33    Subd. 7. Poisons. The term "Poisons" means any substance which new text begin that new text end , when 68.34introduced into the system, directly or by absorption, produces violent, morbid, or fatal 68.35changes, or which new text begin that new text end destroys living tissue with which it comes in contact. 69.1    Subd. 8. Chemical. The term "Chemical" means all medicinal or industrial 69.2substances, whether simple or compound, or obtained through the process of the science 69.3and art of chemistry, whether of organic or inorganic origin. 69.4    Subd. 9. Board or State Board of Pharmacy. The term "Board" or "State Board of 69.5Pharmacy" means the Minnesota State Board of Pharmacy. 69.6    Subd. 10. Director. The term "Director" means the new text begin executive new text end director of the 69.7Minnesota State Board of Pharmacy. 69.8    Subd. 11. Person. The term "Person" means an individual, firm, partnership, 69.9company, corporation, trustee, association, agency, or other public or private entity. 69.10    Subd. 12. Wholesale. The term "Wholesale" means and includes any sale for the 69.11purpose of resale. 69.12    Subd. 13. Commercial purposes. The phrase "Commercial purposes" means the 69.13ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 69.14of medicine and new text begin , new text end pharmacy new text begin , and other health care professions new text end . 69.15    Subd. 14. Manufacturing. The term "Manufacturing" except in the case of bulk 69.16compounding, prepackaging or extemporaneous compounding within a pharmacy, means 69.17and includes the production, quality control and standardization by mechanical, physical, 69.18chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 69.19relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 69.20without exception, for medicinal purposes. new text begin preparation, propagation, conversion, or new text end 69.21 new text begin processing of a drug, either directly or indirectly, by extraction from substances of natural new text end 69.22 new text begin origin or independently by means of chemical or biological synthesis. Manufacturing new text end 69.23 new text begin includes the packaging or repackaging of a drug, or the labeling or relabeling of new text end 69.24 new text begin the container of a drug, for resale by pharmacies, practitioners, or other persons. new text end 69.25 new text begin Manufacturing does not include the prepackaging, extemporaneous compounding, or new text end 69.26 new text begin anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, new text end 69.27 new text begin nor the labeling of a container within a pharmacy or by a practitioner for the purpose of new text end 69.28 new text begin dispensing a drug to a patient pursuant to a valid prescription. new text end 69.29     new text begin Subd. 14a. new text end new text begin Manufacturer. new text end new text begin "Manufacturer" means any person engaged in new text end 69.30 new text begin manufacturing. new text end 69.31     new text begin Subd. 14b. new text end new text begin Outsourcing facility. new text end new text begin "Outsourcing facility" means a facility that is new text end 69.32 new text begin registered by the United States Food and Drug Administration pursuant to United States new text end 69.33 new text begin Code, title 21, section 353b. new text end 69.34    Subd. 15. Pharmacist intern. The term "Pharmacist intern" means (1) a natural 69.35person satisfactorily progressing toward the degree in pharmacy required for licensure, or 69.36(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 70.1college approved by the board, who is registered by the State Board of Pharmacy for the 70.2purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 70.3or (3) a qualified applicant awaiting examination for licensure. 70.4    Subd. 15a. Pharmacy technician. The term "Pharmacy technician" means a person 70.5not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 70.6preparation and dispensing of medications by performing computer entry of prescription 70.7data and other manipulative tasks. A pharmacy technician shall not perform tasks 70.8specifically reserved to a licensed pharmacist or requiring professional judgment. 70.9    Subd. 16. Prescription new text begin drug order new text end . The term "Prescription new text begin drug order new text end " means a 70.10signed new text begin lawful new text end written order, or an new text begin , new text end oral new text begin , or electronic new text end order reduced to writing, given by new text begin of new text end 70.11 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 70.12practice, issued for an individual patient and containing the following: the date of issue, 70.13name and address of the patient, name and quantity of the drug prescribed, directions 70.14for use, and the name and address of the prescriber. new text begin for a drug for a specific patient. new text end 70.15 new text begin Prescription drug orders for controlled substances must be prepared in accordance with the new text end 70.16 new text begin provisions of section 152.11 and the federal Controlled Substances Act and the regulations new text end 70.17 new text begin promulgated thereunder. new text end 70.18     new text begin Subd. 16a. new text end new text begin Prescription. new text end new text begin "Prescription" means a prescription drug order that is new text end 70.19 new text begin written or printed on paper, an oral order reduced to writing by a pharmacist, or an new text end 70.20 new text begin electronic order. To be valid, a prescription must be issued for an individual patient by new text end 70.21 new text begin a practitioner within the scope and usual course of the practitioner's practice, and must new text end 70.22 new text begin contain the date of issue, name and address of the patient, name and quantity of the drug new text end 70.23 new text begin prescribed, directions for use, the name and address of the practitioner, and a telephone new text end 70.24 new text begin number at which the practitioner can be reached. A prescription written or printed on new text end 70.25 new text begin paper that is given to the patient or an agent of the patient or that is transmitted by fax new text end 70.26 new text begin must contain the practitioner's manual signature. An electronic prescription must contain new text end 70.27 new text begin the practitioner's electronic signature. new text end 70.28     new text begin Subd. 16b. new text end new text begin Chart order. new text end new text begin "Chart order" means a prescription drug order for a new text end 70.29 new text begin drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct new text end 70.30 new text begin supervision of a pharmacist, and administered by an authorized person only during the new text end 70.31 new text begin patient's stay in a hospital or long-term care facility. The chart order shall contain the name new text end 70.32 new text begin of the patient, another patient identifier such as birth date or medical record number, the new text end 70.33 new text begin drug ordered, and any directions that the practitioner may prescribe concerning strength, new text end 70.34 new text begin dosage, frequency, and route of administration. The manual or electronic signature of the new text end 70.35 new text begin practitioner must be affixed to the chart order at the time it is written or at a later date in new text end 70.36 new text begin the case of verbal chart orders. new text end 71.1    Subd. 17. Legend drug. "Legend drug" means a drug which new text begin that new text end is required by 71.2federal law to bear the following statement, "Caution: Federal law prohibits dispensing 71.3without prescription." new text begin be dispensed only pursuant to the prescription of a licensed new text end 71.4 new text begin practitioner. new text end 71.5    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter 71.6upon the immediate container of any drug or medicine; and a requirement made by or 71.7under authority of Laws 1969, chapter 933 that new text begin . new text end Any word, statement, or other information 71.8appearing new text begin required by or under the authority of this chapter to appear new text end on the label shall not 71.9be considered to be complied with unless such word, statement, or other information also 71.10appears new text begin appear new text end on the outside container or wrapper, if any there be, of the retail package of 71.11such drug or medicine, or is new text begin be new text end easily legible through the outside container or wrapper. 71.12    Subd. 19. Package. "Package" means any container or wrapping in which any 71.13drug or medicine is enclosed for use in the delivery or display of that article to retail 71.14purchasers, but does not include: 71.15(a) shipping containers or wrappings used solely for the transportation of any such 71.16article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 71.17retail distributors; 71.18(b) shipping containers or outer wrappings used by retailers to ship or deliver any 71.19such article to retail customers if such containers and wrappings bear no printed matter 71.20pertaining to any particular drug or medicine. 71.21    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or 71.22graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 71.23accompanying such article. 71.24    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 71.25Act, United States Code, title 21, section 301, et seq., as amended. 71.26    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed 71.27pharmacist in the state of Minnesota who has been designated in accordance with the rules 71.28of the State Board of Pharmacy to assume professional responsibility for the operation 71.29of the pharmacy in compliance with the requirements and duties as established by the 71.30board in its rules. 71.31    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 71.32doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 71.33licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 71.34sections 151.15, subdivision 4; new text begin 151.252, subdivision 3; new text end 151.37, subdivision 2, paragraphs 71.35(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 71.36prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 72.1authorized to prescribe, dispense, and administer under section 148.235. For purposes of 72.2sections 151.15, subdivision 4; new text begin 151.252, subdivision 3; new text end 151.37, subdivision 2, paragraph 72.3(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 72.4administer under chapter 150A. 72.5    Subd. 24. Brand name. "Brand name" means the registered trademark name given 72.6to a drug product by its manufacturer, labeler or distributor. 72.7    Subd. 25. Generic name. "Generic name" means the established name or official 72.8name of a drug or drug product. 72.9    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a 72.10drug which new text begin that new text end is or is intended to be dispensed or administered to the patient and requires 72.11no further manufacturing or processing other than packaging, reconstitution, or labeling. 72.12    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means: 72.13    (1) interpretation and evaluation of prescription drug orders; 72.14    (2) compounding, labeling, and dispensing drugs and devices (except labeling by 72.15a manufacturer or packager of nonprescription drugs or commercially packaged legend 72.16drugs and devices); 72.17    (3) participation in clinical interpretations and monitoring of drug therapy for 72.18assurance of safe and effective use of drugs new text begin , including the performance of laboratory tests new text end 72.19 new text begin that are waived under the federal Clinical Laboratory Improvement Act of 1988, United new text end 72.20 new text begin States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the new text end 72.21 new text begin results of laboratory tests but may modify drug therapy only pursuant to a protocol or new text end 72.22 new text begin collaborative practice agreement new text end ; 72.23    (4) participation in drug and therapeutic device selection; drug administration for first 72.24dosage and medical emergencies; drug regimen reviews; and drug or drug-related research; 72.25    (5) participation in administration of influenza vaccines to all eligible individuals ten 72.26years of age and older and all other vaccines to patients 18 years of age and older under 72.27standing orders from a physician licensed under chapter 147 or by written protocol with a 72.28physician new text begin licensed under chapter 147, a physician assistant authorized to prescribe drugs new text end 72.29 new text begin under chapter 147A, or an advanced practice registered nurse authorized to prescribe new text end 72.30 new text begin drugs under section 148.235, new text end provided that: 72.31 new text begin (i) the protocol includes, at a minimum: new text end 72.32 new text begin (A) the name, dose, and route of each vaccine that may be given; new text end 72.33 new text begin (B) the patient population for whom the vaccine may be given; new text end 72.34 new text begin (C) contraindications and precautions to the vaccine; new text end 72.35 new text begin (D) the procedure for handling an adverse reaction; new text end 73.1 new text begin (E) the name, signature, and address of the physician, physician assistant, or new text end 73.2 new text begin advanced practice registered nurse; new text end 73.3 new text begin (F) a telephone number at which the physician, physician assistant, or advanced new text end 73.4 new text begin practice registered nurse can be contacted; and new text end 73.5 new text begin (G) the date and time period for which the protocol is valid; new text end 73.6    (i) new text begin (ii) new text end the pharmacist is trained in new text begin has successfully completed new text end a program approved 73.7by the American new text begin Accreditation new text end Council of Pharmaceutical new text begin for Pharmacy new text end Education 73.8 new text begin specifically new text end for the administration of immunizations or graduated from a college of 73.9pharmacy in 2001 or thereafter new text begin a program approved by the board new text end ; and 73.10    (ii) new text begin (iii) new text end the pharmacist reports the administration of the immunization to the patient's 73.11primary physician or clinic new text begin or to the Minnesota Immunization Information Connection new text end ; new text begin and new text end 73.12 new text begin (iv) the pharmacist complies with guidelines for vaccines and immunizations new text end 73.13 new text begin established by the federal Advisory Committee on Immunization Practices, except that a new text end 73.14 new text begin pharmacist does not need to comply with those portions of the guidelines that establish new text end 73.15 new text begin immunization schedules when administering a vaccine pursuant to a valid, patient-specific new text end 73.16 new text begin order issued by a physician licensed under chapter 147, a physician assistant authorized to new text end 73.17 new text begin prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe new text end 73.18 new text begin drugs under section 148.235, provided that the order is consistent with the United States new text end 73.19 new text begin Food and Drug Administration approved labeling of the vaccine; new text end 73.20    (6) participation in the practice of managing drug therapy and modifying new text begin initiation, new text end 73.21 new text begin management, modification, and discontinuation of new text end drug therapy, according to section 73.22151.21, subdivision 1, according to a written protocol new text begin or collaborative practice agreement new text end 73.23between the specific pharmacist new text begin : (i) one or more pharmacists new text end and the individual dentist, 73.24optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 73.25care and authorized to independently prescribe drugs new text begin one or more dentists, optometrists, new text end 73.26 new text begin physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more new text end 73.27 new text begin physician assistants authorized to prescribe, dispense, and administer under chapter 147A, new text end 73.28 new text begin or advanced practice nurses authorized to prescribe, dispense, and administer under new text end 73.29 new text begin section 148.235 new text end . Any significant changes in drug therapy new text begin made pursuant to a protocol or new text end 73.30 new text begin collaborative practice agreement new text end must be reported new text begin documented new text end by the pharmacist to new text begin in new text end 73.31 the patient's medical record new text begin or reported by the pharmacist to a practitioner responsible new text end 73.32 new text begin for the patient's care new text end ; 73.33    (7) participation in the storage of drugs and the maintenance of records; 73.34    (8) responsibility for participation in patient counseling on therapeutic values, 73.35content, hazards, and uses of drugs and devices; and 74.1    (9) offering or performing those acts, services, operations, or transactions necessary 74.2in the conduct, operation, management, and control of a pharmacy. 74.3     new text begin Subd. 27a. new text end new text begin Protocol. new text end new text begin "Protocol" means: new text end 74.4 new text begin (1) a specific written plan that describes the nature and scope of activities that a new text end 74.5 new text begin pharmacist may engage in when initiating, managing, modifying, or discontinuing drug new text end 74.6 new text begin therapy as allowed in subdivision 27, clause (6); or new text end 74.7 new text begin (2) a specific written plan that authorizes a pharmacist to administer vaccines and new text end 74.8 new text begin that complies with subdivision 27, clause (5). new text end 74.9     new text begin Subd. 27b. new text end new text begin Collaborative practice. new text end new text begin "Collaborative practice" means patient care new text end 74.10 new text begin activities, consistent with subdivision 27, engaged in by one or more pharmacists who new text end 74.11 new text begin have agreed to work in collaboration with one or more practitioners to initiate, manage, new text end 74.12 new text begin and modify drug therapy under specified conditions mutually agreed to by the pharmacists new text end 74.13 new text begin and practitioners. new text end 74.14     new text begin Subd. 27c. new text end new text begin Collaborative practice agreement. new text end new text begin "Collaborative practice agreement" new text end 74.15 new text begin means a written and signed agreement between one or more pharmacists and one or more new text end 74.16 new text begin practitioners that allows the pharmacist or pharmacists to engage in collaborative practice. new text end 74.17    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is 74.18required by federal law to bear the following statement: "Caution: Federal law restricts 74.19this drug to use by or on the order of a licensed veterinarian." new text begin be dispensed only pursuant new text end 74.20 new text begin to the prescription of a licensed veterinarian. new text end 74.21    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous 74.22substance used for medical purposes and that is required by federal law to bear the 74.23following statement: "Caution: Federal law prohibits dispensing without a prescription." 74.24 new text begin be dispensed only pursuant to the prescription of a licensed practitioner. new text end 74.25    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation 74.26or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 74.27appropriately labeled for subsequent administration to or use by a patient or other individual 74.28entitled to receive the drug. new text begin interpretation, evaluation, and processing of a prescription new text end 74.29 new text begin drug order and includes those processes specified by the board in rule that are necessary new text end 74.30 new text begin for the preparation and provision of a drug to a patient or patient's agent in a suitable new text end 74.31 new text begin container appropriately labeled for subsequent administration to, or use by, a patient. new text end 74.32    Subd. 31. Central service pharmacy. "Central service pharmacy" means a 74.33pharmacy that may provide dispensing functions, drug utilization review, packaging, 74.34labeling, or delivery of a prescription product to another pharmacy for the purpose of 74.35filling a prescription. 75.1    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound, 75.2symbol, or process attached to or associated with a record and executed or adopted by a 75.3person with the intent to sign the record. 75.4    Subd. 33. Electronic transmission. "Electronic transmission" means transmission 75.5of information in electronic form. 75.6    Subd. 34. Health professional shortage area. "Health professional shortage area" 75.7means an area designated as such by the federal Secretary of Health and Human Services, 75.8as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 75.9title 42, section 254E. 75.10     new text begin Subd. 35. new text end new text begin Compounding. new text end new text begin "Compounding" means preparing, mixing, assembling, new text end 75.11 new text begin packaging, and labeling a drug for an identified individual patient as a result of new text end 75.12 new text begin a practitioner's prescription drug order. Compounding also includes anticipatory new text end 75.13 new text begin compounding, as defined in this section, and the preparation of drugs in which all bulk new text end 75.14 new text begin drug substances and components are nonprescription substances. Compounding does new text end 75.15 new text begin not include mixing or reconstituting a drug according to the product's labeling or to the new text end 75.16 new text begin manufacturer's directions. Compounding does not include the preparation of a drug for the new text end 75.17 new text begin purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug new text end 75.18 new text begin is not prepared for dispensing or administration to patients. All compounding, regardless new text end 75.19 new text begin of the type of product, must be done pursuant to a prescription drug order unless otherwise new text end 75.20 new text begin permitted in this chapter or by the rules of the board. Compounding does not include a new text end 75.21 new text begin minor deviation from such directions with regard to radioactivity, volume, or stability, new text end 75.22 new text begin which is made by or under the supervision of a licensed nuclear pharmacist or a physician, new text end 75.23 new text begin and which is necessary in order to accommodate circumstances not contemplated in the new text end 75.24 new text begin manufacturer's instructions, such as the rate of radioactive decay or geographical distance new text end 75.25 new text begin from the patient. new text end 75.26     new text begin Subd. 36. new text end new text begin Anticipatory compounding. new text end new text begin "Anticipatory compounding" means the new text end 75.27 new text begin preparation by a pharmacy of a supply of a compounded drug product that is sufficient to new text end 75.28 new text begin meet the short-term anticipated need of the pharmacy for the filling of prescription drug new text end 75.29 new text begin orders. In the case of practitioners only, anticipatory compounding means the preparation new text end 75.30 new text begin of a supply of a compounded drug product that is sufficient to meet the practitioner's new text end 75.31 new text begin short-term anticipated need for dispensing or administering the drug to patients treated new text end 75.32 new text begin by the practitioner. Anticipatory compounding is not the preparation of a compounded new text end 75.33 new text begin drug product for wholesale distribution. new text end 75.34     new text begin Subd. 37. new text end new text begin Extemporaneous compounding. new text end new text begin "Extemporaneous compounding" new text end 75.35 new text begin means the compounding of a drug product pursuant to a prescription drug order for a specific new text end 76.1 new text begin patient that is issued in advance of the compounding. Extemporaneous compounding is new text end 76.2 new text begin not the preparation of a compounded drug product for wholesale distribution. new text end 76.3     new text begin Subd. 38. new text end new text begin Compounded positron emission tomography drug. new text end new text begin "Compounded new text end 76.4 new text begin positron emission tomography drug" new text end new text begin means a drug that: new text end 76.5 new text begin (1) exhibits spontaneous disintegration of unstable nuclei by the emission of new text end 76.6 new text begin positrons and is used for the purpose of providing dual photon positron emission new text end 76.7 new text begin tomographic diagnostic images; new text end 76.8 new text begin (2) has been compounded by or on the order of a practitioner in accordance with the new text end 76.9 new text begin relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, new text end 76.10 new text begin teaching, or quality control; and new text end 76.11 new text begin (3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, new text end 76.12 new text begin accelerator, target material, electronic synthesizer, or other apparatus or computer program new text end 76.13 new text begin to be used in the preparation of such a drug. new text end 76.14    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read: 76.15151.06 POWERS AND DUTIES. 76.16    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy 76.17shall have the power and it shall be its duty: 76.18    (1) to regulate the practice of pharmacy; 76.19    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state; 76.20    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 76.21dispensed in this state, using the United States Pharmacopeia and the National Formulary, 76.22or any revisions thereof, or standards adopted under the federal act as the standard; 76.23    (4) to enter and inspect by its authorized representative any and all places where 76.24drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 76.25away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 76.26or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 76.27after paying or offering to pay for such sample; it shall be entitled to inspect and make 76.28copies of any and all records of shipment, purchase, manufacture, quality control, and 76.29sale of these items provided, however, that such inspection shall not extend to financial 76.30data, sales data, or pricing data; 76.31    (5) to examine and license as pharmacists all applicants whom it shall deem qualified 76.32to be such; 76.33    (6) to license wholesale drug distributors; 76.34    (7) to deny, suspend, revoke, or refuse to renew new text begin take disciplinary action against new text end any 76.35registration or license required under this chapter, to any applicant or registrant or licensee 77.1 upon any of the following grounds: new text begin listed in section 151.071, and in accordance with new text end 77.2 new text begin the provisions of section 151.071; new text end 77.3    (i) fraud or deception in connection with the securing of such license or registration; 77.4    (ii) in the case of a pharmacist, conviction in any court of a felony; 77.5    (iii) in the case of a pharmacist, conviction in any court of an offense involving 77.6moral turpitude; 77.7    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 77.8or habitual indulgence in intoxicating liquors in a manner which could cause conduct 77.9endangering public health; 77.10    (v) unprofessional conduct or conduct endangering public health; 77.11    (vi) gross immorality; 77.12    (vii) employing, assisting, or enabling in any manner an unlicensed person to 77.13practice pharmacy; 77.14    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof; 77.15    (ix) violation of any of the provisions of this chapter or any of the rules of the State 77.16Board of Pharmacy; 77.17    (x) in the case of a pharmacy license, operation of such pharmacy without a 77.18pharmacist present and on duty; 77.19    (xi) in the case of a pharmacist, physical or mental disability which could cause 77.20incompetency in the practice of pharmacy; 77.21    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice 77.22pharmacy in another state; or 77.23    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 77.24violation of section as established by any of the following: 77.25    (A) a copy of the record of criminal conviction or plea of guilty for a felony in 77.26violation of section 609.215, subdivision 1 or 2; 77.27    (B) a copy of the record of a judgment of contempt of court for violating an 77.28injunction issued under section 609.215, subdivision 4; 77.29    (C) a copy of the record of a judgment assessing damages under section 609.215, 77.30subdivision 5 ; or 77.31    (D) a finding by the board that the person violated section 609.215, subdivision 77.321 or 2. The board shall investigate any complaint of a violation of section 609.215, 77.33subdivision 1 or 2; 77.34    (8) to employ necessary assistants and adopt rules for the conduct of its business; 77.35    (9) to register as pharmacy technicians all applicants who the board determines are 77.36qualified to carry out the duties of a pharmacy technician; and 78.1    (10) to perform such other duties and exercise such other powers as the provisions of 78.2the act may require. new text begin ; and new text end 78.3 new text begin (11) to enter and inspect any business to which it issues a license or registration. new text end 78.4    (b) Temporary suspension. In addition to any other remedy provided by law, the board 78.5may, without a hearing, temporarily suspend a license for not more than 60 days if the board 78.6finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 78.7and continued practice by the pharmacist would create an imminent risk of harm to others. 78.8The suspension shall take effect upon written notice to the pharmacist, specifying the 78.9statute or rule violated. At the time it issues the suspension notice, the board shall schedule 78.10a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 78.11shall be provided with at least 20 days' notice of any hearing held under this subdivision. 78.12    (c) new text begin (b) new text end Rules. For the purposes aforesaid, it shall be the duty of the board to make 78.13and publish uniform rules not inconsistent herewith for carrying out and enforcing 78.14the provisions of this chapter. The board shall adopt rules regarding prospective drug 78.15utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 78.16the pharmacist's professional judgment, upon the presentation of a new prescription by a 78.17patient or the patient's caregiver or agent, shall perform the prospective drug utilization 78.18review required by rules issued under this subdivision. 78.19(d) new text begin (c) new text end Substitution; rules. If the United States Food and Drug Administration 78.20(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 78.21seizures poses a health risk to patients, the board shall adopt rules in accordance with 78.22accompanying FDA interchangeability standards regarding the use of substitution for 78.23these drugs. If the board adopts a rule regarding the substitution of drugs used for the 78.24treatment of epilepsy or seizures that conflicts with the substitution requirements of 78.25section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 78.26proposed by the board would increase state costs for state public health care programs, 78.27the board shall report to the chairs and ranking minority members of the senate Health 78.28and Human Services Budget Division and the house of representatives Health Care and 78.29Human Services Finance Division the proposed rule and the increased cost associated 78.30with the proposed rule before the board may adopt the rule. 78.31    Subd. 1a. Disciplinary action new text begin Cease and desist orders new text end . It shall be grounds for 78.32disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 78.33the Board of Pharmacy determines that any person with supervisory responsibilities at the 78.34pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 78.35review and patient counseling as required by rules adopted under subdivision 1. The 78.36Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 79.1taken under this section. new text begin (a) Whenever it appears to the board that a person has engaged in new text end 79.2 new text begin an act or practice constituting a violation of a law, rule, or other order related to the duties new text end 79.3 new text begin and responsibilities entrusted to the board, the board may issue and cause to be served new text end 79.4 new text begin upon the person an order requiring the person to cease and desist from violations. new text end 79.5 new text begin (b) The cease and desist order must state the reasons for the issuance of the order new text end 79.6 new text begin and must give reasonable notice of the rights of the person to request a hearing before new text end 79.7 new text begin an administrative law judge. A hearing must be held not later than ten days after the new text end 79.8 new text begin request for the hearing is received by the board. After the completion of the hearing, new text end 79.9 new text begin the administrative law judge shall issue a report within ten days. Within 15 days after new text end 79.10 new text begin receiving the report of the administrative law judge, the board shall issue a further order new text end 79.11 new text begin vacating or making permanent the cease and desist order. The time periods provided in new text end 79.12 new text begin this provision may be waived by agreement of the executive director of the board and the new text end 79.13 new text begin person against whom the cease and desist order was issued. If the person to whom a cease new text end 79.14 new text begin and desist order is issued fails to appear at the hearing after being duly notified, the person new text end 79.15 new text begin is in default, and the proceeding may be determined against that person upon consideration new text end 79.16 new text begin of the cease and desist order, the allegations of which may be considered to be true. Unless new text end 79.17 new text begin otherwise provided, all hearings must be conducted according to chapter 14. The board new text end 79.18 new text begin may adopt rules of procedure concerning all proceedings conducted under this subdivision. new text end 79.19 new text begin (c) If no hearing is requested within 30 days of service of the order, the cease and new text end 79.20 new text begin desist order will become permanent. new text end 79.21 new text begin (d) A cease and desist order issued under this subdivision remains in effect until new text end 79.22 new text begin it is modified or vacated by the board. The administrative proceeding provided by this new text end 79.23 new text begin subdivision, and subsequent appellate judicial review of that administrative proceeding, new text end 79.24 new text begin constitutes the exclusive remedy for determining whether the board properly issued the new text end 79.25 new text begin cease and desist order and whether the cease and desist order should be vacated or made new text end 79.26 new text begin permanent. new text end 79.27     new text begin Subd. 1b. new text end new text begin Enforcement of violations of cease and desist orders. new text end new text begin (a) Whenever new text end 79.28 new text begin the board under subdivision 1a seeks to enforce compliance with a cease and desist new text end 79.29 new text begin order that has been made permanent, the allegations of the cease and desist order are new text end 79.30 new text begin considered conclusively established for purposes of proceeding under subdivision 1a for new text end 79.31 new text begin permanent or temporary relief to enforce the cease and desist order. Whenever the board new text end 79.32 new text begin under subdivision 1a seeks to enforce compliance with a cease and desist order when a new text end 79.33 new text begin hearing or hearing request on the cease and desist order is pending, or the time has not new text end 79.34 new text begin yet expired to request a hearing on whether a cease and desist order should be vacated or new text end 79.35 new text begin made permanent, the allegations in the cease and desist order are considered conclusively new text end 80.1 new text begin established for the purposes of proceeding under subdivision 1a for temporary relief to new text end 80.2 new text begin enforce the cease and desist order. new text end 80.3 new text begin (b) Notwithstanding this subdivision or subdivision 1a, the person against whom new text end 80.4 new text begin the cease and desist order is issued and who has requested a hearing under subdivision 1a new text end 80.5 new text begin may, within 15 days after service of the cease and desist order, bring an action in Ramsey new text end 80.6 new text begin County District Court for issuance of an injunction to suspend enforcement of the cease new text end 80.7 new text begin and desist order pending a final decision of the board under subdivision 1a to vacate or new text end 80.8 new text begin make permanent the cease and desist order. The court shall determine whether to issue new text end 80.9 new text begin such an injunction based on traditional principles of temporary relief. new text end 80.10    Subd. 2. Application. new text begin In the case of a facility licensed or registered by the board, new text end 80.11the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 80.12shall also apply to the following: 80.13(1) In the case of a partnership, each partner thereof; 80.14(2) In the case of an association, each member thereof; 80.15(3) In the case of a corporation, each officer or director thereof and each shareholder 80.16owning 30 percent or more of the voting stock of such corporation. 80.17    Subd. 3. Application of Administrative Procedure Act. The board shall comply 80.18with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 80.19license or registration issued under this chapter. 80.20    Subd. 4. Reinstatement. Any license or registration which has been suspended 80.21or revoked may be reinstated by the board provided the holder thereof shall pay all costs 80.22of the proceedings resulting in the suspension or revocation, and, in addition thereto, 80.23pay a fee set by the board. 80.24    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding 80.25$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 80.26to deprive a licensee or registrant of any economic advantage gained by reason of 80.27the violation, to discourage similar violations by the licensee or registrant or any other 80.28licensee or registrant, or to reimburse the board for the cost of the investigation and 80.29proceeding, including, but not limited to, fees paid for services provided by the Office of 80.30Administrative Hearings, legal and investigative services provided by the Office of the 80.31Attorney General, court reporters, witnesses, reproduction of records, board members' 80.32per diem compensation, board staff time, and travel costs and expenses incurred by board 80.33staff and board members. 80.34 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1a and 1b are effective August 1, 2014, and new text end 80.35 new text begin apply to violations occurring on or after that date. new text end 81.1    Sec. 3. new text begin [151.071] DISCIPLINARY ACTION. new text end 81.2     new text begin Subdivision 1. new text end new text begin Forms of disciplinary action. new text end new text begin When the board finds that a licensee, new text end 81.3 new text begin registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may new text end 81.4 new text begin do one or more of the following: new text end 81.5 new text begin (1) deny the issuance of a license or registration; new text end 81.6 new text begin (2) refuse to renew a license or registration; new text end 81.7 new text begin (3) revoke the license or registration; new text end 81.8 new text begin (4) suspend the license or registration; new text end 81.9 new text begin (5) impose limitations, conditions, or both on the license or registration, including new text end 81.10 new text begin but not limited to: the limitation of practice to designated settings; the limitation of the new text end 81.11 new text begin scope of practice within designated settings; the imposition of retraining or rehabilitation new text end 81.12 new text begin requirements; the requirement of practice under supervision; the requirement of new text end 81.13 new text begin participation in a diversion program such as that established pursuant to section 214.31 new text end 81.14 new text begin or the conditioning of continued practice on demonstration of knowledge or skills by new text end 81.15 new text begin appropriate examination or other review of skill and competence; new text end 81.16 new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation, the new text end 81.17 new text begin amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any new text end 81.18 new text begin economic advantage gained by reason of the violation, to discourage similar violations new text end 81.19 new text begin by the licensee or registrant or any other licensee or registrant, or to reimburse the board new text end 81.20 new text begin for the cost of the investigation and proceeding, including but not limited to, fees paid new text end 81.21 new text begin for services provided by the Office of Administrative Hearings, legal and investigative new text end 81.22 new text begin services provided by the Office of the Attorney General, court reporters, witnesses, new text end 81.23 new text begin reproduction of records, board members' per diem compensation, board staff time, and new text end 81.24 new text begin travel costs and expenses incurred by board staff and board members; and new text end 81.25 new text begin (7) reprimand the licensee or registrant. new text end 81.26     new text begin Subd. 2. new text end new text begin Grounds for disciplinary action. new text end new text begin The following conduct is prohibited and new text end 81.27 new text begin is grounds for disciplinary action: new text end 81.28 new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for a license new text end 81.29 new text begin or registration contained in this chapter or the rules of the board. The burden of proof is on new text end 81.30 new text begin the applicant to demonstrate such qualifications or satisfaction of such requirements; new text end 81.31 new text begin (2) obtaining a license by fraud or by misleading the board in any way during new text end 81.32 new text begin the application process or obtaining a license by cheating, or attempting to subvert new text end 81.33 new text begin the licensing examination process. Conduct that subverts or attempts to subvert the new text end 81.34 new text begin licensing examination process includes, but is not limited to: (i) conduct that violates the new text end 81.35 new text begin security of the examination materials, such as removing examination materials from the new text end 81.36 new text begin examination room or having unauthorized possession of any portion of a future, current, new text end 82.1 new text begin or previously administered licensing examination; (ii) conduct that violates the standard of new text end 82.2 new text begin test administration, such as communicating with another examinee during administration new text end 82.3 new text begin of the examination, copying another examinee's answers, permitting another examinee new text end 82.4 new text begin to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an new text end 82.5 new text begin examinee or permitting an impersonator to take the examination on one's own behalf; new text end 82.6 new text begin (3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a new text end 82.7 new text begin pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist new text end 82.8 new text begin intern registration, conviction of a felony reasonably related to the practice of pharmacy. new text end 82.9 new text begin Conviction as used in this subdivision includes a conviction of an offense that if committed new text end 82.10 new text begin in this state would be deemed a felony without regard to its designation elsewhere, or new text end 82.11 new text begin a criminal proceeding where a finding or verdict of guilt is made or returned but the new text end 82.12 new text begin adjudication of guilt is either withheld or not entered thereon. The board may delay the new text end 82.13 new text begin issuance of a new license or registration if the applicant has been charged with a felony new text end 82.14 new text begin until the matter has been adjudicated; new text end 82.15 new text begin (4) for a facility, other than a pharmacy, licensed or registered by the board, if an new text end 82.16 new text begin owner or applicant is convicted of a felony reasonably related to the operation of the new text end 82.17 new text begin facility. The board may delay the issuance of a new license or registration if the owner or new text end 82.18 new text begin applicant has been charged with a felony until the matter has been adjudicated; new text end 82.19 new text begin (5) for a controlled substance researcher, conviction of a felony reasonably related new text end 82.20 new text begin to controlled substances or to the practice of the researcher's profession. The board may new text end 82.21 new text begin delay the issuance of a registration if the applicant has been charged with a felony until new text end 82.22 new text begin the matter has been adjudicated; new text end 82.23 new text begin (6) disciplinary action taken by another state or by one of this state's health licensing new text end 82.24 new text begin agencies: new text end 82.25 new text begin (i) revocation, suspension, restriction, limitation, or other disciplinary action against new text end 82.26 new text begin a license or registration in another state or jurisdiction, failure to report to the board that new text end 82.27 new text begin charges or allegations regarding the person's license or registration have been brought in new text end 82.28 new text begin another state or jurisdiction, or having been refused a license or registration by any other new text end 82.29 new text begin state or jurisdiction. The board may delay the issuance of a new license or registration if new text end 82.30 new text begin an investigation or disciplinary action is pending in another state or jurisdiction until the new text end 82.31 new text begin investigation or action has been dismissed or otherwise resolved; and new text end 82.32 new text begin (ii) revocation, suspension, restriction, limitation, or other disciplinary action against new text end 82.33 new text begin a license or registration issued by another of this state's health licensing agencies, failure new text end 82.34 new text begin to report to the board that charges regarding the person's license or registration have been new text end 82.35 new text begin brought by another of this state's health licensing agencies, or having been refused a new text end 82.36 new text begin license or registration by another of this state's health licensing agencies. The board may new text end 83.1 new text begin delay the issuance of a new license or registration if a disciplinary action is pending before new text end 83.2 new text begin another of this state's health licensing agencies until the action has been dismissed or new text end 83.3 new text begin otherwise resolved; new text end 83.4 new text begin (7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation new text end 83.5 new text begin of any order of the board, of any of the provisions of this chapter or any rules of the new text end 83.6 new text begin board or violation of any federal, state, or local law or rule reasonably pertaining to the new text end 83.7 new text begin practice of pharmacy; new text end 83.8 new text begin (8) for a facility, other than a pharmacy, licensed by the board, violations of any new text end 83.9 new text begin order of the board, of any of the provisions of this chapter or the rules of the board or new text end 83.10 new text begin violation of any federal, state, or local law relating to the operation of the facility; new text end 83.11 new text begin (9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm new text end 83.12 new text begin the public, or demonstrating a willful or careless disregard for the health, welfare, or safety new text end 83.13 new text begin of a patient; or pharmacy practice that is professionally incompetent, in that it may create new text end 83.14 new text begin unnecessary danger to any patient's life, health, or safety, in any of which cases, proof new text end 83.15 new text begin of actual injury need not be established; new text end 83.16 new text begin (10) aiding or abetting an unlicensed person in the practice of pharmacy, except new text end 83.17 new text begin that it is not a violation of this clause for a pharmacist to supervise a properly registered new text end 83.18 new text begin pharmacy technician or pharmacist intern if that person is performing duties allowed new text end 83.19 new text begin by this chapter or the rules of the board; new text end 83.20 new text begin (11) for an individual licensed or registered by the board, adjudication as mentally ill new text end 83.21 new text begin or developmentally disabled, or as a chemically dependent person, a person dangerous new text end 83.22 new text begin to the public, a sexually dangerous person, or a person who has a sexual psychopathic new text end 83.23 new text begin personality, by a court of competent jurisdiction, within or without this state. Such new text end 83.24 new text begin adjudication shall automatically suspend a license for the duration thereof unless the new text end 83.25 new text begin board orders otherwise; new text end 83.26 new text begin (12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as new text end 83.27 new text begin specified in the board's rules. In the case of a pharmacy technician, engaging in conduct new text end 83.28 new text begin specified in board rules that would be unprofessional if it were engaged in by a pharmacist new text end 83.29 new text begin or pharmacist intern or performing duties specifically reserved for pharmacists under this new text end 83.30 new text begin chapter or the rules of the board; new text end 83.31 new text begin (13) for a pharmacy, operation of the pharmacy without a pharmacist present and on new text end 83.32 new text begin duty except as allowed by a variance approved by the board; new text end 83.33 new text begin (14) for a pharmacist, the inability to practice pharmacy with reasonable skill and new text end 83.34 new text begin safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or new text end 83.35 new text begin any other type of material or as a result of any mental or physical condition, including new text end 83.36 new text begin deterioration through the aging process or loss of motor skills. In the case of registered new text end 84.1 new text begin pharmacy technicians, pharmacist interns, or controlled substance researchers, the new text end 84.2 new text begin inability to carry out duties allowed under this chapter or the rules of the board with new text end 84.3 new text begin reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, new text end 84.4 new text begin narcotics, chemicals, or any other type of material or as a result of any mental or physical new text end 84.5 new text begin condition, including deterioration through the aging process or loss of motor skills; new text end 84.6 new text begin (15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical new text end 84.7 new text begin gas distributor, or controlled substance researcher, revealing a privileged communication new text end 84.8 new text begin from or relating to a patient except when otherwise required or permitted by law; new text end 84.9 new text begin (16) for a pharmacist or pharmacy, improper management of patient records, new text end 84.10 new text begin including failure to maintain adequate patient records, to comply with a patient's request new text end 84.11 new text begin made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report new text end 84.12 new text begin required by law; new text end 84.13 new text begin (17) fee splitting, including without limitation: new text end 84.14 new text begin (i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, new text end 84.15 new text begin kickback, or other form of remuneration, directly or indirectly, for the referral of patients; new text end 84.16 new text begin and new text end 84.17 new text begin (ii) referring a patient to any health care provider as defined in sections 144.291 to new text end 84.18 new text begin 144.298 in which the licensee or registrant has a financial or economic interest as defined new text end 84.19 new text begin in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the new text end 84.20 new text begin licensee's or registrant's financial or economic interest in accordance with section 144.6521; new text end 84.21 new text begin (18) engaging in abusive or fraudulent billing practices, including violations of the new text end 84.22 new text begin federal Medicare and Medicaid laws or state medical assistance laws or rules; new text end 84.23 new text begin (19) engaging in conduct with a patient that is sexual or may reasonably be new text end 84.24 new text begin interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually new text end 84.25 new text begin demeaning to a patient; new text end 84.26 new text begin (20) failure to make reports as required by section 151.072 or to cooperate with an new text end 84.27 new text begin investigation of the board as required by section 151.074; new text end 84.28 new text begin (21) knowingly providing false or misleading information that is directly related new text end 84.29 new text begin to the care of a patient unless done for an accepted therapeutic purpose such as the new text end 84.30 new text begin dispensing and administration of a placebo; new text end 84.31 new text begin (22) aiding suicide or aiding attempted suicide in violation of section 609.215 as new text end 84.32 new text begin established by any of the following: new text end 84.33 new text begin (i) a copy of the record of criminal conviction or plea of guilty for a felony in new text end 84.34 new text begin violation of section 609.215, subdivision 1 or 2; new text end 84.35 new text begin (ii) a copy of the record of a judgment of contempt of court for violating an new text end 84.36 new text begin injunction issued under section 609.215, subdivision 4; new text end 85.1 new text begin (iii) a copy of the record of a judgment assessing damages under section 609.215, new text end 85.2 new text begin subdivision 5; or new text end 85.3 new text begin (iv) a finding by the board that the person violated section 609.215, subdivision new text end 85.4 new text begin 1 or 2. The board shall investigate any complaint of a violation of section 609.215, new text end 85.5 new text begin subdivision 1 or 2; new text end 85.6 new text begin (23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. new text end 85.7 new text begin For a pharmacist intern, pharmacy technician, or controlled substance researcher, new text end 85.8 new text begin performing duties permitted to such individuals by this chapter or the rules of the board new text end 85.9 new text begin under a lapsed or nonrenewed registration. For a facility required to be licensed under this new text end 85.10 new text begin chapter, operation of the facility under a lapsed or nonrenewed license or registration; and new text end 85.11 new text begin (24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or new text end 85.12 new text begin discharge from the health professionals services program for reasons other than the new text end 85.13 new text begin satisfactory completion of the program. new text end 85.14     new text begin Subd. 3. new text end new text begin Automatic suspension. new text end new text begin (a) A license or registration issued under this new text end 85.15 new text begin chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance new text end 85.16 new text begin researcher is automatically suspended if: (1) a guardian of a licensee or registrant is new text end 85.17 new text begin appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons new text end 85.18 new text begin other than the minority of the licensee or registrant; or (2) the licensee or registrant is new text end 85.19 new text begin committed by order of a court pursuant to chapter 253B. The license or registration new text end 85.20 new text begin remains suspended until the licensee is restored to capacity by a court and, upon petition new text end 85.21 new text begin by the licensee or registrant, the suspension is terminated by the board after a hearing. new text end 85.22 new text begin (b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the new text end 85.23 new text begin board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice new text end 85.24 new text begin of pharmacy, the license or registration of the regulated person may be automatically new text end 85.25 new text begin suspended by the board. The license or registration will remain suspended until, upon new text end 85.26 new text begin petition by the regulated individual and after a hearing, the suspension is terminated by new text end 85.27 new text begin the board. The board may indefinitely suspend or revoke the license or registration of the new text end 85.28 new text begin regulated individual if, after a hearing before the board, the board finds that the felonious new text end 85.29 new text begin conduct would cause a serious risk of harm to the public. new text end 85.30 new text begin (c) For a facility that is licensed or registered by the board, upon notice to the new text end 85.31 new text begin board that an owner of the facility is subject to a judgment of, or a plea of guilty to, new text end 85.32 new text begin a felony reasonably related to the operation of the facility, the license or registration of new text end 85.33 new text begin the facility may be automatically suspended by the board. The license or registration will new text end 85.34 new text begin remain suspended until, upon petition by the facility and after a hearing, the suspension new text end 85.35 new text begin is terminated by the board. The board may indefinitely suspend or revoke the license or new text end 86.1 new text begin registration of the facility if, after a hearing before the board, the board finds that the new text end 86.2 new text begin felonious conduct would cause a serious risk of harm to the public. new text end 86.3 new text begin (d) For licenses and registrations that have been suspended or revoked pursuant new text end 86.4 new text begin to paragraphs (a) and (b), the regulated individual may have a license or registration new text end 86.5 new text begin reinstated, either with or without restrictions, by demonstrating clear and convincing new text end 86.6 new text begin evidence of rehabilitation, as provided in section 364.03. If the regulated individual has new text end 86.7 new text begin the conviction subsequently overturned by court decision, the board shall conduct a new text end 86.8 new text begin hearing to review the suspension within 30 days after the receipt of the court decision. new text end 86.9 new text begin The regulated individual is not required to prove rehabilitation if the subsequent court new text end 86.10 new text begin decision overturns previous court findings of public risk. new text end 86.11 new text begin (e) For licenses and registrations that have been suspended or revoked pursuant to new text end 86.12 new text begin paragraph (c), the regulated facility may have a license or registration reinstated, either with new text end 86.13 new text begin or without restrictions, conditions, or limitations, by demonstrating clear and convincing new text end 86.14 new text begin evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the new text end 86.15 new text begin convicted owner has the conviction subsequently overturned by court decision, the board new text end 86.16 new text begin shall conduct a hearing to review the suspension within 30 days after receipt of the court new text end 86.17 new text begin decision. The regulated facility is not required to prove rehabilitation of the convicted new text end 86.18 new text begin owner if the subsequent court decision overturns previous court findings of public risk. new text end 86.19 new text begin (f) The board may, upon majority vote of a quorum of its appointed members, new text end 86.20 new text begin suspend the license or registration of a regulated individual without a hearing if the new text end 86.21 new text begin regulated individual fails to maintain a current name and address with the board, as new text end 86.22 new text begin described in paragraphs (h) and (i), while the regulated individual is: (1) under board new text end 86.23 new text begin investigation, and a notice of conference has been issued by the board; (2) party to a new text end 86.24 new text begin contested case with the board; (3) party to an agreement for corrective action with the new text end 86.25 new text begin board; or (4) under a board order for disciplinary action. The suspension shall remain new text end 86.26 new text begin in effect until lifted by the board to the board's receipt of a petition from the regulated new text end 86.27 new text begin individual, along with the current name and address of the regulated individual. new text end 86.28 new text begin (g) The board may, upon majority vote of a quorum of its appointed members, new text end 86.29 new text begin suspend the license or registration of a regulated facility without a hearing if the regulated new text end 86.30 new text begin facility fails to maintain a current name and address of the owner of the facility with the new text end 86.31 new text begin board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under new text end 86.32 new text begin board investigation, and a notice of conference has been issued by the board; (2) party new text end 86.33 new text begin to a contested case with the board; (3) party to an agreement for corrective action with new text end 86.34 new text begin the board; or (4) under a board order for disciplinary action. The suspension shall remain new text end 86.35 new text begin in effect until lifted by the board pursuant to the board's receipt of a petition from the new text end 86.36 new text begin regulated facility, along with the current name and address of the owner of the facility. new text end 87.1 new text begin (h) An individual licensed or registered by the board shall maintain a current name new text end 87.2 new text begin and home address with the board and shall notify the board in writing within 30 days of new text end 87.3 new text begin any change in name or home address. An individual regulated by the board shall also new text end 87.4 new text begin maintain a current business address with the board as required by section 214.073. For new text end 87.5 new text begin an individual, if a name change only is requested, the regulated individual must request new text end 87.6 new text begin a revised license or registration. The board may require the individual to substantiate new text end 87.7 new text begin the name change by submitting official documentation from a court of law or agency new text end 87.8 new text begin authorized under law to receive and officially record a name change. In the case of an new text end 87.9 new text begin individual, if an address change only is requested, no request for a revised license or new text end 87.10 new text begin registration is required. If the current license or registration of an individual has been lost, new text end 87.11 new text begin stolen, or destroyed, the individual shall provide a written explanation to the board. new text end 87.12 new text begin (i) A facility licensed or registered by the board shall maintain a current name and new text end 87.13 new text begin address with the board. A facility shall notify the board in writing within 30 days of any new text end 87.14 new text begin change in name. A facility licensed or registered by the board but located outside of the new text end 87.15 new text begin state must notify the board within 30 days of an address change. A facility licensed or new text end 87.16 new text begin registered by the board and located within the state must notify the board at least 60 new text end 87.17 new text begin days in advance of a change of address that will result from the move of the facility to a new text end 87.18 new text begin different location and must pass an inspection at the new location as required by the board. new text end 87.19 new text begin If the current license or registration of a facility has been lost, stolen, or destroyed, the new text end 87.20 new text begin facility shall provide a written explanation to the board. new text end 87.21     new text begin Subd. 4. new text end new text begin Effective dates. new text end new text begin A suspension, revocation, condition, limitation, new text end 87.22 new text begin qualification, or restriction of a license or registration shall be in effect pending new text end 87.23 new text begin determination of an appeal. A revocation of a license pursuant to subdivision 1 is not new text end 87.24 new text begin appealable and shall remain in effect indefinitely. new text end 87.25     new text begin Subd. 5. new text end new text begin Conditions on reissued license. new text end new text begin In its discretion, the board may restore new text end 87.26 new text begin and reissue a license or registration issued under this chapter, but as a condition thereof new text end 87.27 new text begin may impose any disciplinary or corrective measure that it might originally have imposed. new text end 87.28     new text begin Subd. 6. new text end new text begin Temporary suspension of license for pharmacists. new text end new text begin In addition to any new text end 87.29 new text begin other remedy provided by law, the board may, without a hearing, temporarily suspend the new text end 87.30 new text begin license of a pharmacist if the board finds that the pharmacist has violated a statute or rule new text end 87.31 new text begin that the board is empowered to enforce and continued practice by the pharmacist would new text end 87.32 new text begin create a serious risk of harm to the public. The suspension shall take effect upon written new text end 87.33 new text begin notice to the pharmacist, specifying the statute or rule violated. The suspension shall new text end 87.34 new text begin remain in effect until the board issues a final order in the matter after a hearing. At the new text end 87.35 new text begin time it issues the suspension notice, the board shall schedule a disciplinary hearing to be new text end 87.36 new text begin held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with new text end 88.1 new text begin at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall new text end 88.2 new text begin be scheduled to begin no later than 30 days after the issuance of the suspension order. new text end 88.3     new text begin Subd. 7. new text end new text begin Temporary suspension of license for pharmacist interns, pharmacy new text end 88.4 new text begin technicians, and controlled substance researchers. new text end new text begin In addition to any other remedy new text end 88.5 new text begin provided by law, the board may, without a hearing, temporarily suspend the registration of new text end 88.6 new text begin a pharmacist intern, pharmacy technician, or controlled substance researcher if the board new text end 88.7 new text begin finds that the registrant has violated a statute or rule that the board is empowered to enforce new text end 88.8 new text begin and continued registration of the registrant would create a serious risk of harm to the new text end 88.9 new text begin public. The suspension shall take effect upon written notice to the registrant, specifying new text end 88.10 new text begin the statute or rule violated. The suspension shall remain in effect until the board issues a new text end 88.11 new text begin final order in the matter after a hearing. At the time it issues the suspension notice, the new text end 88.12 new text begin board shall schedule a disciplinary hearing to be held pursuant to the Administrative new text end 88.13 new text begin Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of new text end 88.14 new text begin any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no new text end 88.15 new text begin later than 30 days after the issuance of the suspension order. new text end 88.16     new text begin Subd. 8. new text end new text begin Temporary suspension of license for pharmacies, drug wholesalers, new text end 88.17 new text begin drug manufacturers, medical gas manufacturers, and medical gas distributors. new text end 88.18 new text begin In addition to any other remedy provided by law, the board may, without a hearing, new text end 88.19 new text begin temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug new text end 88.20 new text begin manufacturer, medical gas manufacturer, or medical gas distributor if the board finds new text end 88.21 new text begin that the licensee or registrant has violated a statute or rule that the board is empowered new text end 88.22 new text begin to enforce and continued operation of the licensed facility would create a serious risk of new text end 88.23 new text begin harm to the public. The suspension shall take effect upon written notice to the licensee or new text end 88.24 new text begin registrant, specifying the statute or rule violated. The suspension shall remain in effect new text end 88.25 new text begin until the board issues a final order in the matter after a hearing. At the time it issues the new text end 88.26 new text begin suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to new text end 88.27 new text begin the Administrative Procedure Act. The licensee or registrant shall be provided with at new text end 88.28 new text begin least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be new text end 88.29 new text begin scheduled to begin no later than 30 days after the issuance of the suspension order. new text end 88.30     new text begin Subd. 9. new text end new text begin Evidence. new text end new text begin In disciplinary actions alleging a violation of subdivision 2, new text end 88.31 new text begin clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court new text end 88.32 new text begin administrator or of the administrative agency that entered the same shall be admissible new text end 88.33 new text begin into evidence without further authentication and shall constitute prima facie evidence new text end 88.34 new text begin of the contents thereof. new text end 88.35     new text begin Subd. 10. new text end new text begin Mental examination; access to medical data. new text end new text begin (a) If the board receives new text end 88.36 new text begin a complaint and has probable cause to believe that an individual licensed or registered new text end 89.1 new text begin by the board falls under subdivision 2, clause (14), it may direct the individual to submit new text end 89.2 new text begin to a mental or physical examination. For the purpose of this subdivision, every licensed new text end 89.3 new text begin or registered individual is deemed to have consented to submit to a mental or physical new text end 89.4 new text begin examination when directed in writing by the board and further to have waived all new text end 89.5 new text begin objections to the admissibility of the examining practitioner's testimony or examination new text end 89.6 new text begin reports on the grounds that the same constitute a privileged communication. Failure of a new text end 89.7 new text begin licensed or registered individual to submit to an examination when directed constitutes new text end 89.8 new text begin an admission of the allegations against the individual, unless the failure was due to new text end 89.9 new text begin circumstances beyond the individual's control, in which case a default and final order new text end 89.10 new text begin may be entered without the taking of testimony or presentation of evidence. Pharmacists new text end 89.11 new text begin affected under this paragraph shall at reasonable intervals be given an opportunity to new text end 89.12 new text begin demonstrate that they can resume the competent practice of the profession of pharmacy new text end 89.13 new text begin with reasonable skill and safety to the public. Pharmacist interns, pharmacy technicians, new text end 89.14 new text begin or controlled substance researchers affected under this paragraph shall at reasonable new text end 89.15 new text begin intervals be given an opportunity to demonstrate that they can competently resume the new text end 89.16 new text begin duties that can be performed, under this chapter or the rules of the board, by similarly new text end 89.17 new text begin registered persons with reasonable skill and safety to the public. In any proceeding under new text end 89.18 new text begin this paragraph, neither the record of proceedings nor the orders entered by the board shall new text end 89.19 new text begin be used against a licensed or registered individual in any other proceeding. new text end 89.20 new text begin (b) Notwithstanding section 13.384, 144.651, or any other law limiting access to new text end 89.21 new text begin medical or other health data, the board may obtain medical data and health records relating new text end 89.22 new text begin to an individual licensed or registered by the board, or to an applicant for licensure or new text end 89.23 new text begin registration, without the individual's consent when the board receives a complaint and has new text end 89.24 new text begin probable cause to believe that the individual is practicing in violation of subdivision 2, new text end 89.25 new text begin clause (14), and the data and health records are limited to the complaint. The medical new text end 89.26 new text begin data may be requested from a provider, as defined in section 144.291, subdivision 2, new text end 89.27 new text begin paragraph (h), an insurance company, or a government agency, including the Department new text end 89.28 new text begin of Human Services. A provider, insurance company, or government agency shall comply new text end 89.29 new text begin with any written request of the board under this subdivision and is not liable in any new text end 89.30 new text begin action for damages for releasing the data requested by the board if the data are released new text end 89.31 new text begin pursuant to a written request under this subdivision, unless the information is false and new text end 89.32 new text begin the provider giving the information knew, or had reason to believe, the information was new text end 89.33 new text begin false. Information obtained under this subdivision is classified as private under sections new text end 89.34 new text begin 13.01 to 13.87. new text end 89.35     new text begin Subd. 11. new text end new text begin Tax clearance certificate. new text end new text begin (a) In addition to the provisions of subdivision new text end 89.36 new text begin 1, the board may not issue or renew a license or registration if the commissioner of new text end 90.1 new text begin revenue notifies the board and the licensee or applicant for a license that the licensee or new text end 90.2 new text begin applicant owes the state delinquent taxes in the amount of $500 or more. The board may new text end 90.3 new text begin issue or renew the license or registration only if (1) the commissioner of revenue issues a new text end 90.4 new text begin tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or new text end 90.5 new text begin applicant forwards a copy of the clearance to the board. The commissioner of revenue new text end 90.6 new text begin may issue a clearance certificate only if the licensee, registrant, or applicant does not owe new text end 90.7 new text begin the state any uncontested delinquent taxes. new text end 90.8 new text begin (b) For purposes of this subdivision, the following terms have the meanings given. new text end 90.9 new text begin (1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties new text end 90.10 new text begin and interest due on those taxes. new text end 90.11 new text begin (2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court new text end 90.12 new text begin action that contests the amount or validity of the liability has been filed or served, (ii) the new text end 90.13 new text begin appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant new text end 90.14 new text begin has entered into a payment agreement to pay the liability and is current with the payments. new text end 90.15 new text begin (c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, new text end 90.16 new text begin registrant, or applicant is required to obtain a clearance certificate under this subdivision, new text end 90.17 new text begin a contested case hearing must be held if the licensee or applicant requests a hearing in new text end 90.18 new text begin writing to the commissioner of revenue within 30 days of the date of the notice provided new text end 90.19 new text begin in paragraph (a). The hearing must be held within 45 days of the date the commissioner of new text end 90.20 new text begin revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law new text end 90.21 new text begin to the contrary, the licensee or applicant must be served with 20 days' notice in writing new text end 90.22 new text begin specifying the time and place of the hearing and the allegations against the licensee or new text end 90.23 new text begin applicant. The notice may be served personally or by mail. new text end 90.24 new text begin (d) A licensee or applicant must provide the licensee's or applicant's Social Security new text end 90.25 new text begin number and Minnesota business identification number on all license applications. Upon new text end 90.26 new text begin request of the commissioner of revenue, the board must provide to the commissioner of new text end 90.27 new text begin revenue a list of all licensees and applicants that includes the licensee's or applicant's new text end 90.28 new text begin name, address, Social Security number, and business identification number. The new text end 90.29 new text begin commissioner of revenue may request a list of the licensees and applicants no more than new text end 90.30 new text begin once each calendar year. new text end 90.31     new text begin Subd. 12. new text end new text begin Limitation. new text end new text begin No board proceeding against a regulated person or facility new text end 90.32 new text begin shall be instituted unless commenced within seven years from the date of the commission new text end 90.33 new text begin of some portion of the offense or misconduct complained of except for alleged violations new text end 90.34 new text begin of subdivision 2, clause (21). new text end 90.35    Sec. 4. new text begin [151.072] REPORTING OBLIGATIONS. new text end 91.1     new text begin Subdivision 1. new text end new text begin Permission to report. new text end new text begin A person who has knowledge of any conduct new text end 91.2 new text begin constituting grounds for discipline under the provisions of this chapter or the rules of the new text end 91.3 new text begin board may report the violation to the board. new text end 91.4     new text begin Subd. 2. new text end new text begin Pharmacies. new text end new text begin A pharmacy located in this state must report to the board any new text end 91.5 new text begin discipline that is related to an incident involving conduct that would constitute grounds new text end 91.6 new text begin for discipline under the provisions of this chapter or the rules of the board, that is taken new text end 91.7 new text begin by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or new text end 91.8 new text begin pharmacy technician, including the termination of employment of the individual or the new text end 91.9 new text begin revocation, suspension, restriction, limitation, or conditioning of an individual's ability new text end 91.10 new text begin to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the new text end 91.11 new text begin resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of new text end 91.12 new text begin any disciplinary proceeding, or prior to the commencement of formal charges but after the new text end 91.13 new text begin individual had knowledge that formal charges were contemplated or in preparation. Each new text end 91.14 new text begin report made under this subdivision must state the nature of the action taken and state in new text end 91.15 new text begin detail the reasons for the action. Failure to report violations as required by this subdivision new text end 91.16 new text begin is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8). new text end 91.17     new text begin Subd. 3. new text end new text begin Licensees and registrants of the board. new text end new text begin A licensee or registrant of new text end 91.18 new text begin the board shall report to the board personal knowledge of any conduct that the person new text end 91.19 new text begin reasonably believes constitutes grounds for disciplinary action under this chapter or new text end 91.20 new text begin the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or new text end 91.21 new text begin controlled substance researcher, including any conduct indicating that the person may be new text end 91.22 new text begin professionally incompetent, or may have engaged in unprofessional conduct or may be new text end 91.23 new text begin medically or physically unable to engage safely in the practice of pharmacy or to carry new text end 91.24 new text begin out the duties permitted to the person by this chapter or the rules of the board. Failure new text end 91.25 new text begin to report violations as required by this subdivision is a basis for discipline pursuant to new text end 91.26 new text begin section 151.071, subdivision 2, clause (20). new text end 91.27     new text begin Subd. 4. new text end new text begin Self-reporting. new text end new text begin A licensee or registrant of the board shall report to the new text end 91.28 new text begin board any personal action that would require that a report be filed with the board pursuant new text end 91.29 new text begin to subdivision 2. new text end 91.30     new text begin Subd. 5. new text end new text begin Deadlines; forms. new text end new text begin Reports required by subdivisions 2 to 4 must be new text end 91.31 new text begin submitted not later than 30 days after the occurrence of the reportable event or transaction. new text end 91.32 new text begin The board may provide forms for the submission of reports required by this section, may new text end 91.33 new text begin require that reports be submitted on the forms provided, and may adopt rules necessary new text end 91.34 new text begin to assure prompt and accurate reporting. new text end 91.35     new text begin Subd. 6. new text end new text begin Subpoenas. new text end new text begin The board may issue subpoenas for the production of any new text end 91.36 new text begin reports required by subdivisions 2 to 4 or any related documents. new text end 92.1    Sec. 5. new text begin [151.073] IMMUNITY. new text end 92.2     new text begin Subdivision 1. new text end new text begin Reporting. new text end new text begin Any person, health care facility, business, or organization new text end 92.3 new text begin is immune from civil liability or criminal prosecution for submitting in good faith a report new text end 92.4 new text begin to the board under section 151.072 or for otherwise reporting in good faith to the board new text end 92.5 new text begin violations or alleged violations of this chapter or the rules of the board. All such reports new text end 92.6 new text begin are investigative data as defined in chapter 13. new text end 92.7     new text begin Subd. 2. new text end new text begin Investigation. new text end new text begin (a) Members of the board and persons employed by the board new text end 92.8 new text begin or engaged on behalf of the board in the investigation of violations and in the preparation new text end 92.9 new text begin and management of charges or violations of this chapter of the rules of the board, or persons new text end 92.10 new text begin participating in the investigation or testifying regarding charges of violations, when acting new text end 92.11 new text begin in good faith, are immune from civil liability for any actions, transactions, or publications new text end 92.12 new text begin in the execution of, or relating to, their duties under this chapter or the rules of the board. new text end 92.13 new text begin (b) Members of the board and persons employed by the board or engaged in new text end 92.14 new text begin maintaining records and making reports regarding adverse health care events are immune new text end 92.15 new text begin from civil liability for any actions, transactions, or publications in the execution of, or new text end 92.16 new text begin relating to, their duties under section 151.301. new text end 92.17    Sec. 6. new text begin [151.074] LICENSEE OR REGISTRANT COOPERATION. new text end 92.18 new text begin An individual who is licensed or registered by the board, who is the subject of an new text end 92.19 new text begin investigation by or on behalf of the board, shall cooperate fully with the investigation. new text end 92.20 new text begin An owner or employee of a facility that is licensed or registered by the board, when the new text end 92.21 new text begin facility is the subject of an investigation by or on behalf of the board, shall cooperate new text end 92.22 new text begin fully with the investigation. Cooperation includes responding fully and promptly to any new text end 92.23 new text begin question raised by, or on behalf of, the board relating to the subject of the investigation and new text end 92.24 new text begin providing copies of patient pharmacy records and other relevant records, as reasonably new text end 92.25 new text begin requested by the board, to assist the board in its investigation. The board shall maintain new text end 92.26 new text begin any records obtained pursuant to this section as investigative data pursuant to chapter 13. new text end 92.27    Sec. 7. new text begin [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW. new text end 92.28 new text begin Upon judicial review of any board disciplinary action taken under this chapter, the new text end 92.29 new text begin reviewing court shall seal the administrative record, except for the board's final decision, new text end 92.30 new text begin and shall not make the administrative record available to the public. new text end 92.31    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read: 92.32151.211 RECORDS OF PRESCRIPTIONS. 93.1     new text begin Subdivision 1. new text end new text begin Retention of prescription drug orders. new text end All prescriptions dispensed 93.2 new text begin prescription drug orders new text end shall be kept on file at the location in new text begin from new text end which such dispensing 93.3occurred new text begin of the ordered drug occurs new text end for a period of at least two years. new text begin Prescription drug new text end 93.4 new text begin orders that are electronically prescribed must be kept on file in the format in which new text end 93.5 new text begin they were originally received. Written or printed prescription drug orders and verbal new text end 93.6 new text begin prescription drug orders reduced to writing, must be kept on file as received or transcribed, new text end 93.7 new text begin except that such orders may be kept in an electronic format as allowed by the board. new text end 93.8 new text begin Electronic systems used to process and store prescription drug orders must be compliant new text end 93.9 new text begin with the requirements of this chapter and the rules of the board. Prescription drug orders new text end 93.10 new text begin that are stored in an electronic format, as permitted by this subdivision, may be kept on new text end 93.11 new text begin file at a remote location provided that they are readily and securely accessible from the new text end 93.12 new text begin location at which dispensing of the ordered drug occurred. new text end 93.13     new text begin Subd. 2. new text end new text begin Refill requirements. new text end No new text begin A new text end prescription shall new text begin drug order may new text end be refilled 93.14except new text begin only new text end with the written new text begin , electronic, new text end or verbal consent of the prescriber new text begin and in new text end 93.15 new text begin accordance with the requirements of this chapter, the rules of the board, and where new text end 93.16 new text begin applicable, section 152.11 new text end . The date of such refill must be recorded and initialed upon 93.17the original prescription new text begin drug order, new text end or within the electronically maintained record of the 93.18original prescription new text begin drug order, new text end by the pharmacist, pharmacist intern, or practitioner 93.19who refills the prescription. 93.20    Sec. 9. new text begin [151.251] COMPOUNDING. new text end 93.21     new text begin Subdivision 1. new text end new text begin Exemption from manufacturing licensure requirement. new text end new text begin Section new text end 93.22 new text begin 151.252 shall not apply to: new text end 93.23 new text begin (1) a practitioner engaged in extemporaneous compounding, anticipatory new text end 93.24 new text begin compounding, or compounding not done pursuant to a prescription drug order when new text end 93.25 new text begin permitted by this chapter or the rules of the board; and new text end 93.26 new text begin (2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, new text end 93.27 new text begin anticipatory compounding, or compounding not done pursuant to a prescription drug order new text end 93.28 new text begin when permitted by this chapter or the rules of the board. new text end 93.29     new text begin Subd. 2. new text end new text begin Compounded drug. new text end new text begin A drug product may be compounded under this new text end 93.30 new text begin section if a pharmacist or practitioner: new text end 93.31 new text begin (1) compounds the drug product using bulk drug substances, as defined in the federal new text end 93.32 new text begin regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4): new text end 93.33 new text begin (i) that: new text end 94.1 new text begin (A) comply with the standards of an applicable United States Pharmacopoeia new text end 94.2 new text begin or National Formulary monograph, if a monograph exists, and the United States new text end 94.3 new text begin Pharmacopoeia chapter on pharmacy compounding; new text end 94.4 new text begin (B) if such a monograph does not exist, are drug substances that are components of new text end 94.5 new text begin drugs approved for use in this country by the United States Food and Drug Administration; new text end 94.6 new text begin or new text end 94.7 new text begin (C) if such a monograph does not exist and the drug substance is not a component of new text end 94.8 new text begin a drug approved for use in this country by the United States Food and Drug Administration, new text end 94.9 new text begin that appear on a list developed by the United States Food and Drug Administration through new text end 94.10 new text begin regulations issued by the secretary of the federal Department of Health and Human Services new text end 94.11 new text begin pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d); new text end 94.12 new text begin (ii) that are manufactured by an establishment that is registered under section 360 new text end 94.13 new text begin of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is new text end 94.14 new text begin registered under section 360(i) of that act; and new text end 94.15 new text begin (iii) that are accompanied by valid certificates of analysis for each bulk drug new text end 94.16 new text begin substance; new text end 94.17 new text begin (2) compounds the drug product using ingredients, other than bulk drug substances, new text end 94.18 new text begin that comply with the standards of an applicable United States Pharmacopoeia or National new text end 94.19 new text begin Formulary monograph, if a monograph exists, and the United States Pharmacopoeia new text end 94.20 new text begin chapters on pharmacy compounding; new text end 94.21 new text begin (3) does not compound a drug product that appears on a list published by the secretary new text end 94.22 new text begin of the federal Department of Health and Human Services in the Federal Register of drug new text end 94.23 new text begin products that have been withdrawn or removed from the market because such drug products new text end 94.24 new text begin or components of such drug products have been found to be unsafe or not effective; new text end 94.25 new text begin (4) does not compound any drug products that are essentially copies of a new text end 94.26 new text begin commercially available drug product; and new text end 94.27 new text begin (5) does not compound any drug product that has been identified pursuant to new text end 94.28 new text begin United States Code, title 21, section 353a, as a drug product that presents demonstrable new text end 94.29 new text begin difficulties for compounding that reasonably demonstrate an adverse effect on the safety new text end 94.30 new text begin or effectiveness of that drug product. new text end 94.31 new text begin The term "essentially a copy of a commercially available drug product" does not new text end 94.32 new text begin include a drug product in which there is a change, made for an identified individual new text end 94.33 new text begin patient, that produces for that patient a significant difference, as determined by the new text end 94.34 new text begin prescribing practitioner, between the compounded drug and the comparable commercially new text end 94.35 new text begin available drug product. new text end 94.36     new text begin Subd. 3. new text end new text begin Exceptions. new text end new text begin This section shall not apply to: new text end 95.1 new text begin (1) compounded positron emission tomography drugs as defined in section 151.01, new text end 95.2 new text begin subdivision 38; or new text end 95.3 new text begin (2) radiopharmaceuticals. new text end 95.4    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding 95.5a subdivision to read: 95.6     new text begin Subd. 1a. new text end new text begin Outsourcing facility. new text end new text begin (a) No person shall act as an outsourcing facility new text end 95.7 new text begin without first obtaining a license from the board and paying any applicable manufacturer new text end 95.8 new text begin licensing fee specified in section 151.065. new text end 95.9 new text begin (b) Application for an outsourcing facility license under this section shall be made new text end 95.10 new text begin in a manner specified by the board and may differ from the application required of other new text end 95.11 new text begin drug manufacturers. new text end 95.12 new text begin (c) No license shall be issued or renewed for an outsourcing facility unless the new text end 95.13 new text begin applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and new text end 95.14 new text begin state law and according to Minnesota Rules. new text end 95.15 new text begin (d) No license shall be issued or renewed for an outsourcing facility unless the new text end 95.16 new text begin applicant supplies the board with proof of such registration by the United States Food and new text end 95.17 new text begin Drug Administration as required by United States Code, title 21, section 353b. new text end 95.18 new text begin (e) No license shall be issued or renewed for an outsourcing facility that is required new text end 95.19 new text begin to be licensed or registered by the state in which it is physically located unless the new text end 95.20 new text begin applicant supplies the board with proof of such licensure or registration. The board may new text end 95.21 new text begin establish, by rule, standards for the licensure of an outsourcing facility that is not required new text end 95.22 new text begin to be licensed or registered by the state in which it is physically located. new text end 95.23 new text begin (f) The board shall require a separate license for each outsourcing facility located new text end 95.24 new text begin within the state and for each outsourcing facility located outside of the state at which drugs new text end 95.25 new text begin that are shipped into the state are prepared. new text end 95.26 new text begin (g) The board shall not issue an initial or renewed license for an outsourcing facility new text end 95.27 new text begin unless the facility passes an inspection conducted by an authorized representative of the new text end 95.28 new text begin board. In the case of an outsourcing facility located outside of the state, the board may new text end 95.29 new text begin require the applicant to pay the cost of the inspection, in addition to the license fee in new text end 95.30 new text begin section 151.065, unless the applicant furnishes the board with a report, issued by the new text end 95.31 new text begin appropriate regulatory agency of the state in which the facility is located or by the United new text end 95.32 new text begin States Food and Drug Administration, of an inspection that has occurred within the 24 new text end 95.33 new text begin months immediately preceding receipt of the license application by the board. The board new text end 95.34 new text begin may deny licensure unless the applicant submits documentation satisfactory to the board new text end 95.35 new text begin that any deficiencies noted in an inspection report have been corrected. new text end 96.1    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read: 96.2151.26 EXCEPTIONS. 96.3    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly 96.4licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 96.5by the State Board of Pharmacy, nor prevent the person from administering drugs, 96.6medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 96.7practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 96.8chemicals, or poisons as may be considered appropriate in the treatment of such patient; 96.9unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 96.10provides reasonable notice of an inspection. 96.11Except for the provisions of section 151.37, nothing in this chapter applies to or 96.12interferes with the dispensing, in its original package and at no charge to the patient, of a 96.13legend drug, other than a controlled substance, that was packaged by a manufacturer and 96.14provided to the dispenser for distribution new text begin dispensing new text end as a professional sample new text begin . Samples new text end 96.15 new text begin of a controlled substance shall only be dispensed when one of the approved indications new text end 96.16 new text begin for the controlled substance is a seizure disorder and when the sample is prepared and new text end 96.17 new text begin distributed pursuant to Code of Federal Regulations, title 21, part 203, subpart D new text end . 96.18Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 96.19poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 96.20practice, nor to hospitals for use therein. 96.21Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 96.22at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 96.23sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 96.24this chapter shall prevent the sale of common household preparations and other drugs, 96.25chemicals, and poisons sold exclusively for use for nonmedicinal purposes. new text begin ; provided new text end 96.26 new text begin that this exception does not apply to any compound, substance, or derivative that is not new text end 96.27 new text begin approved for human consumption by the United States Food and Drug Administration new text end 96.28 new text begin or specifically permitted for human consumption under Minnesota law, and, when new text end 96.29 new text begin introduced into the body, induces an effect similar to that of a Schedule I or Schedule II new text end 96.30 new text begin controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, new text end 96.31 new text begin parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the new text end 96.32 new text begin purpose of human consumption. new text end 96.33Nothing in this chapter shall apply to or interfere with the vending or retailing of 96.34any nonprescription medicine or drug not otherwise prohibited by statute which new text begin that new text end is 96.35prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 96.36labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 97.1to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 97.2cosmetics, perfumes, spices, and other commonly used household articles of a chemical 97.3nature, for use for nonmedicinal purposes. new text begin ; provided that this exception does not apply new text end 97.4 new text begin to any compound, substance, or derivative that is not approved for human consumption new text end 97.5 new text begin by the United States Food and Drug Administration or specifically permitted for human new text end 97.6 new text begin consumption under Minnesota law, and, when introduced into the body, induces an effect new text end 97.7 new text begin similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, new text end 97.8 new text begin subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of new text end 97.9 new text begin whether the substance is marketed for the purpose of human consumption. new text end Nothing in 97.10this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 97.11discount to persons over 65 years of age. 97.12    Sec. 12. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read: 97.13    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form 97.14may be manufactured, packaged or distributed for sale in this state after January 1, 1983 97.15unless it is clearly marked or imprinted with a symbol, number, company name, words, 97.16letters, national drug code or other mark uniquely identifiable to that drug product. An 97.17identifying mark or imprint made as required by federal law or by the federal Food and 97.18Drug Administration shall be deemed to be in compliance with this section. 97.19(b) The Board of Pharmacy may grant exemptions from the requirements of this 97.20section on its own initiative or upon application of a manufacturer, packager, or distributor 97.21indicating size or other characteristics which new text begin that new text end render the product impractical for the 97.22imprinting required by this section. 97.23(c) The provisions of clauses (a) and (b) shall not apply to any of the following: 97.24(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 97.25January 1, 1983, and held in stock for resale. 97.26(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 97.27law to prescribe or administer drugs and which are to be used solely by the patient for 97.28whom prescribed. 97.29    Sec. 13. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 97.3043, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 97.3110, section 5, is amended to read: 97.32151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS. 98.1    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be 98.2unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 98.3distribute a legend drug. 98.4    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of 98.5professional practice only, may prescribe, administer, and dispense a legend drug, and 98.6may cause the same to be administered by a nurse, a physician assistant, or medical 98.7student or resident under the practitioner's direction and supervision, and may cause a 98.8person who is an appropriately certified, registered, or licensed health care professional 98.9to prescribe, dispense, and administer the same within the expressed legal scope of the 98.10person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 98.11legend drug, without reference to a specific patient, by directing a licensed dietitian or 98.12licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 98.13subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 98.14according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 98.15protocol when treating patients whose condition falls within such guideline or protocol, 98.16and when such guideline or protocol specifies the circumstances under which the legend 98.17drug is to be prescribed and administered. An individual who verbally, electronically, or 98.18otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 98.19not be deemed to have prescribed the legend drug. This paragraph applies to a physician 98.20assistant only if the physician assistant meets the requirements of section 147A.18. 98.21(b) The commissioner of health, if a licensed practitioner, or a person designated 98.22by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 98.23individual or by protocol for mass dispensing purposes where the commissioner finds that 98.24the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 98.25The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 98.26prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 98.27to control tuberculosis and other communicable diseases. The commissioner may modify 98.28state drug labeling requirements, and medical screening criteria and documentation, where 98.29time is critical and limited labeling and screening are most likely to ensure legend drugs 98.30reach the maximum number of persons in a timely fashion so as to reduce morbidity 98.31and mortality. 98.32    (c) A licensed practitioner that dispenses for profit a legend drug that is to be 98.33administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 98.34file with the practitioner's licensing board a statement indicating that the practitioner 98.35dispenses legend drugs for profit, the general circumstances under which the practitioner 98.36dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 99.1dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 99.2with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 99.3any amount received by the practitioner in excess of the acquisition cost of a legend drug 99.4for legend drugs that are purchased in prepackaged form, or (2) any amount received 99.5by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 99.6making the drug available if the legend drug requires compounding, packaging, or other 99.7treatment. The statement filed under this paragraph is public data under section 13.03. 99.8This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 99.9pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 99.10dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 99.11To dispense for profit does not include dispensing by a community health clinic when the 99.12profit from dispensing is used to meet operating expenses. 99.13    (d) A prescription or drug order for the following drugs is not valid, unless it can 99.14be established that the prescription or new text begin drug new text end order was based on a documented patient 99.15evaluation, including an examination, adequate to establish a diagnosis and identify 99.16underlying conditions and contraindications to treatment: 99.17    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5; 99.18    (2) drugs defined by the Board of Pharmacy as controlled substances under section 99.19152.02, subdivisions 7 , 8, and 12; 99.20    (3) muscle relaxants; 99.21    (4) centrally acting analgesics with opioid activity; 99.22    (5) drugs containing butalbital; or 99.23    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction. 99.24    (e) For the purposes of paragraph (d), the requirement for an examination shall be 99.25met if an in-person examination has been completed in any of the following circumstances: 99.26    (1) the prescribing practitioner examines the patient at the time the prescription 99.27or drug order is issued; 99.28    (2) the prescribing practitioner has performed a prior examination of the patient; 99.29    (3) another prescribing practitioner practicing within the same group or clinic as the 99.30prescribing practitioner has examined the patient; 99.31    (4) a consulting practitioner to whom the prescribing practitioner has referred the 99.32patient has examined the patient; or 99.33    (5) the referring practitioner has performed an examination in the case of a 99.34consultant practitioner issuing a prescription or drug order when providing services by 99.35means of telemedicine. 100.1    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 100.2a drug through the use of a guideline or protocol pursuant to paragraph (a). 100.3    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a 100.4prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 100.5in the Management of Sexually Transmitted Diseases guidance document issued by the 100.6United States Centers for Disease Control. 100.7    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 100.8of legend drugs through a public health clinic or other distribution mechanism approved 100.9by the commissioner of health or a board of health in order to prevent, mitigate, or treat 100.10a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 100.11biological, chemical, or radiological agent. 100.12    (i) No pharmacist employed by, under contract to, or working for a pharmacy 100.13licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 100.14prescription that the pharmacist knows, or would reasonably be expected to know, is not 100.15valid under paragraph (d). 100.16    (j) No pharmacist employed by, under contract to, or working for a pharmacy 100.17licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 100.18of this state based on a prescription that the pharmacist knows, or would reasonably be 100.19expected to know, is not valid under paragraph (d). 100.20(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 100.21practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 100.22a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 100.23treatment of a communicable disease according to the Centers For Disease Control and 100.24Prevention Partner Services Guidelines. 100.25    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant 100.26who is registered with the Board of Medical Practice and certified by the National 100.27Commission on Certification of Physician Assistants and who is under the supervising 100.28physician's supervision, the authority to prescribe, dispense, and administer legend drugs 100.29and medical devices, subject to the requirements in chapter 147A and other requirements 100.30established by the Board of Medical Practice in rules. 100.31    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of 100.32professional practice only and not for use by a human being, may personally prescribe, 100.33administer, and dispense a legend drug, and may cause the same to be administered or 100.34dispensed by an assistant under the doctor's direction and supervision. 100.35    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course 100.36of a bona fide research project, but cannot administer or dispense such drugs to human 101.1beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 101.2authorized to do so. 101.3    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 101.4use by, or administration to, patients enrolled in a bona fide research study that is being 101.5conducted pursuant to either an investigational new drug application approved by the 101.6United States Food and Drug Administration or that has been approved by an institutional 101.7review board. For the purposes of this subdivision only: 101.8    (1) a prescription drug order is not required for a pharmacy to dispense a research 101.9drug, unless the study protocol requires the pharmacy to receive such an order; 101.10    (2) notwithstanding the prescription labeling requirements found in this chapter or 101.11the rules promulgated by the board, a research drug may be labeled as required by the 101.12study protocol; and 101.13    (3) dispensing and distribution of research drugs by pharmacies shall not be 101.14considered compounding, manufacturing, or wholesaling under this chapter. new text begin ; and new text end 101.15 new text begin (4) a pharmacy may compound drugs for research studies as provided in new text end 101.16 new text begin this subdivision but must follow applicable standards established by United States new text end 101.17 new text begin Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively. new text end 101.18    (c) An entity that is under contract to a federal agency for the purpose of distributing 101.19drugs for bona fide research studies is exempt from the drug wholesaler licensing 101.20requirements of this chapter. Any other entity is exempt from the drug wholesaler 101.21licensing requirements of this chapter if the board finds that the entity is licensed or 101.22registered according to the laws of the state in which it is physically located and it is 101.23distributing drugs for use by, or administration to, patients enrolled in a bona fide research 101.24study that is being conducted pursuant to either an investigational new drug application 101.25approved by the United States Food and Drug Administration or that has been approved 101.26by an institutional review board. 101.27    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit 101.28the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 101.29manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 101.30bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 101.31practitioners while acting within the course of their practice only. 101.32    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall 101.33prohibit the possession of a legend drug by an employee, agent, or sales representative of 101.34a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 101.35or registered pharmacy, while acting in the course of employment. 102.1(b) Nothing in this chapter shall prohibit the following entities from possessing a 102.2legend drug for the purpose of disposing of the legend drug as pharmaceutical waste: 102.3(1) a law enforcement officer; 102.4(2) a hazardous waste transporter licensed by the Department of Transportation; 102.5(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 102.6hazardous waste, including household hazardous waste; 102.7(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 102.8very small quantity generator collection program or a minimal generator; 102.9(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 102.10a program in compliance with applicable federal law or a person authorized by the county 102.11to conduct one or more of these activities; or 102.12(6) a sanitary district organized under chapter 115, or a special law. 102.13    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 102.14possession of a legend drug by a person for that person's use when it has been dispensed to 102.15the person in accordance with a valid prescription issued by a practitioner. 102.16(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 102.17been dispensed in accordance with a written or oral prescription by a practitioner, from 102.18designating a family member, caregiver, or other individual to handle the legend drug for 102.19the purpose of assisting the person in obtaining or administering the drug or sending 102.20the drug for destruction. 102.21(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 102.22been dispensed in accordance with a valid prescription issued by a practitioner from 102.23transferring the legend drug to a county that collects, stores, transports, or disposes of a 102.24legend drug pursuant to a program in compliance with applicable federal law or to a 102.25person authorized by the county to conduct one or more of these activities. 102.26    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to 102.27procure, possess, or control a legend drug by any of the following means: 102.28(1) deceit, misrepresentation, or subterfuge; 102.29(2) using a false name; or 102.30(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 102.31wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 102.32obtaining a legend drug. 102.33    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter 102.34shall prohibit the possession of a legend drug by an employee or agent of a registered 102.35analytical laboratory while acting in the course of laboratory employment. 103.1    Subd. 10. Purchase of drugs and other agents by commissioner of health. The 103.2commissioner of health, in preparation for and in carrying out the duties of sections 103.3144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 103.4drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 103.5antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 103.6communicable disease. 103.7     new text begin Subd. 10a. new text end new text begin Emergency use authorizations. new text end new text begin Nothing in this chapter shall prohibit new text end 103.8 new text begin the purchase, possession, or use of a legend drug by an entity acting according to an new text end 103.9 new text begin emergency use authorization issued by the United States Food and Drug Administration new text end 103.10 new text begin pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically new text end 103.11 new text begin tasked in a public health response plan to perform critical functions necessary to support new text end 103.12 new text begin the response to a public health incident or event. new text end 103.13    Subd. 11. Complaint reporting new text begin Exclusion for health care educational programs new text end . 103.14The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 103.15complaints received regarding the prescription or administration of legend drugs under 103.16section . new text begin Nothing in this section shall prohibit an accredited public or private new text end 103.17 new text begin postsecondary school from possessing a legend drug that is not a controlled substance new text end 103.18 new text begin listed in section 152.02, provided that: new text end 103.19 new text begin (1) the school is approved by the United States secretary of education in accordance new text end 103.20 new text begin with requirements of the Higher Education Act of 1965, as amended; new text end 103.21 new text begin (2) the school provides a course of instruction that prepares individuals for new text end 103.22 new text begin employment in a health care occupation or profession; new text end 103.23 new text begin (3) the school may only possess those drugs necessary for the instruction of such new text end 103.24 new text begin individuals; and new text end 103.25 new text begin (4) the drugs may only be used in the course of providing such instruction and are new text end 103.26 new text begin labeled by the purchaser to indicate that they are not to be administered to patients. new text end 103.27 new text begin Those areas of the school in which legend drugs are stored are subject to section new text end 103.28 new text begin 151.06, subdivision 1, paragraph (a), clause (4). new text end 103.29    Sec. 14. Minnesota Statutes 2012, section 151.44, is amended to read: 103.30151.44 DEFINITIONS. 103.31As used in sections 151.43 to 151.51, the following terms have the meanings given 103.32in paragraphs (a) to (h): 103.33(a) "Wholesale drug distribution" means distribution of prescription or 103.34nonprescription drugs to persons other than a consumer or patient or reverse distribution 103.35of such drugs, but does not include: 104.1(1) a sale between a division, subsidiary, parent, affiliated, or related company under 104.2the common ownership and control of a corporate entity; 104.3(2) the purchase or other acquisition, by a hospital or other health care entity that is a 104.4member of a group purchasing organization, of a drug for its own use from the organization 104.5or from other hospitals or health care entities that are members of such organizations; 104.6(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 104.7drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 104.8Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 104.9organization to the extent otherwise permitted by law; 104.10(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 104.11among hospitals or other health care entities that are under common control; 104.12(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 104.13for emergency medical reasons; 104.14(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 104.15the dispensing of a drug pursuant to a prescription; 104.16(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 104.17another retail pharmacy to alleviate a temporary shortage; 104.18(8) the distribution of prescription or nonprescription drug samples by manufacturers 104.19representatives; or 104.20(9) the sale, purchase, or trade of blood and blood components. 104.21(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 104.22distribution including, but not limited to, manufacturers; repackers new text begin repackagers new text end ; own-label 104.23distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 104.24warehouses, chain drug warehouses, and wholesale drug warehouses; independent 104.25wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 104.26wholesale drug distributor does not include a common carrier or individual hired primarily 104.27to transport prescription or nonprescription drugs. 104.28(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 104.29propagating, compounding, processing, packaging, repackaging, or labeling of a 104.30prescription drug new text begin has the meaning provided in section 151.01, subdivision 14a new text end . 104.31(d) "Prescription drug" means a drug required by federal or state law or regulation 104.32to be dispensed only by a prescription, including finished dosage forms and active 104.33ingredients subject to United States Code, title 21, sections 811 and 812. 104.34(e) "Blood" means whole blood collected from a single donor and processed either 104.35for transfusion or further manufacturing. 105.1(f) "Blood components" means that part of blood separated by physical or 105.2mechanical means. 105.3(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 105.4received from or shipped to Minnesota locations for the purpose of returning the drugs 105.5to their producers or distributors. 105.6(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs. 105.7    Sec. 15. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read: 105.8    Subd. 2. Definitions. For purposes of this section only, the terms defined in this 105.9subdivision have the meanings given. 105.10(a) "Automated drug distribution system" or "system" means a mechanical system 105.11approved by the board that performs operations or activities, other than compounding or 105.12administration, related to the storage, packaging, or dispensing of drugs, and collects, 105.13controls, and maintains all required transaction information and records. 105.14(b) "Health care facility" means a nursing home licensed under section 144A.02; 105.15a housing with services establishment registered under section 144D.01, subdivision 4, 105.16in which a home provider licensed under chapter 144A is providing centralized storage 105.17of medications; or a community behavioral health hospital or Minnesota sex offender 105.18program facility operated by the Department of Human Services. 105.19(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 105.20is responsible for the operation of an automated drug distribution system. 105.21    Sec. 16. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read: 105.22    Subd. 3. Authorization. A pharmacy may use an automated drug distribution 105.23system to fill prescription drug orders for patients of a health care facility new text begin provided that the new text end 105.24 new text begin policies and procedures required by this section have been approved by the board new text end . The 105.25automated drug distribution system may be located in a health care facility that is not at 105.26the same location as the managing pharmacy. When located within a health care facility, 105.27the system is considered to be an extension of the managing pharmacy. 105.28    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read: 105.29    Subd. 5. Operation of automated drug distribution systems. (a) The managing 105.30pharmacy and the pharmacist in charge are responsible for the operation of an automated 105.31drug distribution system. 105.32(b) Access to an automated drug distribution system must be limited to pharmacy 105.33and nonpharmacy personnel authorized to procure drugs from the system, except that field 106.1service technicians may access a system located in a health care facility for the purposes of 106.2servicing and maintaining it while being monitored either by the managing pharmacy, or a 106.3licensed nurse within the health care facility. In the case of an automated drug distribution 106.4system that is not physically located within a licensed pharmacy, access for the purpose 106.5of procuring drugs shall be limited to licensed nurses. Each person authorized to access 106.6the system must be assigned an individual specific access code. Alternatively, access to 106.7the system may be controlled through the use of biometric identification procedures. A 106.8policy specifying time access parameters, including time-outs, logoffs, and lockouts, 106.9must be in place. 106.10(c) For the purposes of this section only, the requirements of section 151.215 are met 106.11if the following clauses are met: 106.12(1) a pharmacist employed by and working at the managing pharmacy new text begin , or at a new text end 106.13 new text begin pharmacy that is acting as a central services pharmacy for the managing pharmacy, new text end 106.14 new text begin pursuant to Minnesota Rules, part 6800.4075, new text end must review, interpret, and approve all 106.15prescription drug orders before any drug is distributed from the system to be administered 106.16to a patient. A pharmacy technician may perform data entry of prescription drug orders 106.17provided that a pharmacist certifies the accuracy of the data entry before the drug can 106.18be released from the automated drug distribution system. A pharmacist new text begin employed by new text end 106.19 new text begin and working at the managing pharmacy new text end must certify the accuracy of the filling of any 106.20cassettes, canisters, or other containers that contain drugs that will be loaded into the 106.21automated drug distribution system; and 106.22(2) when the automated drug dispensing system is located and used within the 106.23managing pharmacy, a pharmacist must personally supervise and take responsibility for all 106.24packaging and labeling associated with the use of an automated drug distribution system. 106.25(d) Access to drugs when a pharmacist has not reviewed and approved the 106.26prescription drug order is permitted only when a formal and written decision to allow such 106.27access is issued by the pharmacy and the therapeutics committee or its equivalent. The 106.28committee must specify the patient care circumstances in which such access is allowed, 106.29the drugs that can be accessed, and the staff that are allowed to access the drugs. 106.30(e) In the case of an automated drug distribution system that does not utilize bar 106.31coding in the loading process, the loading of a system located in a health care facility may 106.32be performed by a pharmacy technician, so long as the activity is continuously supervised, 106.33through a two-way audiovisual system by a pharmacist on duty within the managing 106.34pharmacy. In the case of an automated drug distribution system that utilizes bar coding 106.35in the loading process, the loading of a system located in a health care facility may be 107.1performed by a pharmacy technician or a licensed nurse, provided that the managing 107.2pharmacy retains an electronic record of loading activities. 107.3(f) The automated drug distribution system must be under the supervision of a 107.4pharmacist. The pharmacist is not required to be physically present at the site of the 107.5automated drug distribution system if the system is continuously monitored electronically 107.6by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 107.7board must be continuously available to address any problems detected by the monitoring 107.8or to answer questions from the staff of the health care facility. The licensed pharmacy 107.9may be the managing pharmacy or a pharmacy which is acting as a central services 107.10pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy. 107.11    Sec. 18. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is 107.12amended to read: 107.13    Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this 107.14subdivision. 107.15(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 107.16the following substances, including their analogs, isomers, esters, ethers, salts, and salts 107.17of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 107.18ethers, and salts is possible: 107.19(1) acetylmethadol; 107.20(2) allylprodine; 107.21(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 107.22levomethadyl acetate); 107.23(4) alphameprodine; 107.24(5) alphamethadol; 107.25(6) alpha-methylfentanyl benzethidine; 107.26(7) betacetylmethadol; 107.27(8) betameprodine; 107.28(9) betamethadol; 107.29(10) betaprodine; 107.30(11) clonitazene; 107.31(12) dextromoramide; 107.32(13) diampromide; 107.33(14) diethyliambutene; 107.34(15) difenoxin; 107.35(16) dimenoxadol; 108.1(17) dimepheptanol; 108.2(18) dimethyliambutene; 108.3(19) dioxaphetyl butyrate; 108.4(20) dipipanone; 108.5(21) ethylmethylthiambutene; 108.6(22) etonitazene; 108.7(23) etoxeridine; 108.8(24) furethidine; 108.9(25) hydroxypethidine; 108.10(26) ketobemidone; 108.11(27) levomoramide; 108.12(28) levophenacylmorphan; 108.13(29) 3-methylfentanyl; 108.14(30) acetyl-alpha-methylfentanyl; 108.15(31) alpha-methylthiofentanyl; 108.16(32) benzylfentanyl beta-hydroxyfentanyl; 108.17(33) beta-hydroxy-3-methylfentanyl; 108.18(34) 3-methylthiofentanyl; 108.19(35) thenylfentanyl; 108.20(36) thiofentanyl; 108.21(37) para-fluorofentanyl; 108.22(38) morpheridine; 108.23(39) 1-methyl-4-phenyl-4-propionoxypiperidine; 108.24(40) noracymethadol; 108.25(41) norlevorphanol; 108.26(42) normethadone; 108.27(43) norpipanone; 108.28(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); 108.29(45) phenadoxone; 108.30(46) phenampromide; 108.31(47) phenomorphan; 108.32(48) phenoperidine; 108.33(49) piritramide; 108.34(50) proheptazine; 108.35(51) properidine; 108.36(52) propiram; 109.1(53) racemoramide; 109.2(54) tilidine; 109.3(55) trimeperidine. new text begin ; new text end 109.4 new text begin (56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl). new text end 109.5(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 109.6and salts of isomers, unless specifically excepted or unless listed in another schedule, 109.7whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: 109.8(1) acetorphine; 109.9(2) acetyldihydrocodeine; 109.10(3) benzylmorphine; 109.11(4) codeine methylbromide; 109.12(5) codeine-n-oxide; 109.13(6) cyprenorphine; 109.14(7) desomorphine; 109.15(8) dihydromorphine; 109.16(9) drotebanol; 109.17(10) etorphine; 109.18(11) heroin; 109.19(12) hydromorphinol; 109.20(13) methyldesorphine; 109.21(14) methyldihydromorphine; 109.22(15) morphine methylbromide; 109.23(16) morphine methylsulfonate; 109.24(17) morphine-n-oxide; 109.25(18) myrophine; 109.26(19) nicocodeine; 109.27(20) nicomorphine; 109.28(21) normorphine; 109.29(22) pholcodine; 109.30(23) thebacon. 109.31(d) Hallucinogens. Any material, compound, mixture or preparation which contains 109.32any quantity of the following substances, their analogs, salts, isomers (whether optical, 109.33positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 109.34in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 109.35isomers is possible: 109.36(1) methylenedioxy amphetamine; 110.1(2) methylenedioxymethamphetamine; 110.2(3) methylenedioxy-N-ethylamphetamine (MDEA); 110.3(4) n-hydroxy-methylenedioxyamphetamine; 110.4(5) 4-bromo-2,5-dimethoxyamphetamine (DOB); 110.5(6) 2,5-dimethoxyamphetamine (2,5-DMA); 110.6(7) 4-methoxyamphetamine; 110.7(8) 5-methoxy-3, 4-methylenedioxy amphetamine; 110.8(9) alpha-ethyltryptamine; 110.9(10) bufotenine; 110.10(11) diethyltryptamine; 110.11(12) dimethyltryptamine; 110.12(13) 3,4,5-trimethoxy amphetamine; 110.13(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); 110.14(15) ibogaine; 110.15(16) lysergic acid diethylamide (LSD); 110.16(17) mescaline; 110.17(18) parahexyl; 110.18(19) N-ethyl-3-piperidyl benzilate; 110.19(20) N-methyl-3-piperidyl benzilate; 110.20(21) psilocybin; 110.21(22) psilocyn; 110.22(23) tenocyclidine (TPCP or TCP); 110.23(24) N-ethyl-1-phenyl-cyclohexylamine (PCE); 110.24(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); 110.25(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); 110.26(27) 4-chloro-2,5-dimethoxyamphetamine (DOC); 110.27(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); 110.28(29) 4-iodo-2,5-dimethoxyamphetamine (DOI); 110.29(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); 110.30(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); 110.31(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD); 110.32(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); 110.33(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); 110.34(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); 110.35(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); 110.36(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); 111.1(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 111.2(2-CB-FLY); 111.3(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); 111.4(40) alpha-methyltryptamine (AMT); 111.5(41) N,N-diisopropyltryptamine (DiPT); 111.6(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); 111.7(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); 111.8(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); 111.9(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); 111.10(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); 111.11(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); 111.12(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); 111.13(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); 111.14(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 111.15(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); 111.16(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT); 111.17(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); 111.18(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); 111.19(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); 111.20(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT); 111.21(57) methoxetamine (MXE); 111.22(58) 5-iodo-2-aminoindane (5-IAI); 111.23(59) 5,6-methylenedioxy-2-aminoindane (MDAI); 111.24(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 111.25(25I-NBOMe). 111.26(e) Peyote. All parts of the plant presently classified botanically as Lophophora 111.27williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 111.28of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 111.29of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 111.30Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 111.31of the American Indian Church, and members of the American Indian Church are exempt 111.32from registration. Any person who manufactures peyote for or distributes peyote to the 111.33American Indian Church, however, is required to obtain federal registration annually and 111.34to comply with all other requirements of law. 111.35(f) Central nervous system depressants. Unless specifically excepted or unless listed 111.36in another schedule, any material compound, mixture, or preparation which contains any 112.1quantity of the following substances, their analogs, salts, isomers, and salts of isomers 112.2whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: 112.3(1) mecloqualone; 112.4(2) methaqualone; 112.5(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; 112.6(4) flunitrazepam. 112.7(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 112.8material compound, mixture, or preparation which contains any quantity of the following 112.9substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 112.10the analogs, salts, isomers, and salts of isomers is possible: 112.11    (1) aminorex; 112.12(2) cathinone; 112.13(3) fenethylline; 112.14    (4) methcathinone; 112.15(5) methylaminorex; 112.16(6) N,N-dimethylamphetamine; 112.17(7) N-benzylpiperazine (BZP); 112.18(8) methylmethcathinone (mephedrone); 112.19(9) 3,4-methylenedioxy-N-methylcathinone (methylone); 112.20(10) methoxymethcathinone (methedrone); 112.21(11) methylenedioxypyrovalerone (MDPV); 112.22(12) fluoromethcathinone; 112.23(13) methylethcathinone (MEC); 112.24(14) 1-benzofuran-6-ylpropan-2-amine (6-APB); 112.25(15) dimethylmethcathinone (DMMC); 112.26(16) fluoroamphetamine; 112.27(17) fluoromethamphetamine; 112.28(18) α-methylaminobutyrophenone (MABP or buphedrone); 112.29(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone); 112.30(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); 112.31(21) naphthylpyrovalerone (naphyrone); and 112.32 new text begin (22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or new text end 112.33 new text begin alpha-pyrrolidinovalerophenone; new text end 112.34 new text begin (23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or new text end 112.35 new text begin MPHP); and new text end 113.1(22) new text begin (24) new text end any other substance, except bupropion or compounds listed under a 113.2different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 113.3at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 113.4the compound is further modified in any of the following ways: 113.5(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 113.6haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 113.7system by one or more other univalent substituents; 113.8(ii) by substitution at the 3-position with an acyclic alkyl substituent; 113.9(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 113.10methoxybenzyl groups; or 113.11(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. 113.12(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 113.13specifically excepted or unless listed in another schedule, any natural or synthetic material, 113.14compound, mixture, or preparation that contains any quantity of the following substances, 113.15their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 113.16whenever the existence of the isomers, esters, ethers, or salts is possible: 113.17(1) marijuana; 113.18(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 113.19synthetic equivalents of the substances contained in the cannabis plant or in the 113.20resinous extractives of the plant, or synthetic substances with similar chemical structure 113.21and pharmacological activity to those substances contained in the plant or resinous 113.22extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 113.23tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol; 113.24(3) synthetic cannabinoids, including the following substances: 113.25(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 113.26structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 113.27alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 113.282-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 113.29extent and whether or not substituted in the naphthyl ring to any extent. Examples of 113.30naphthoylindoles include, but are not limited to: 113.31(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); 113.32(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073); 113.33(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); 113.34(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 113.35(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); 113.36(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); 114.1(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 114.2(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); 114.3(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); 114.4(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). 114.5(ii) Napthylmethylindoles, which are any compounds containing a 114.61H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 114.7of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 114.81-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 114.9substituted in the indole ring to any extent and whether or not substituted in the naphthyl 114.10ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: 114.11(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); 114.12(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184). 114.13(iii) Naphthoylpyrroles, which are any compounds containing a 114.143-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 114.15pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 114.161-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 114.17further substituted in the pyrrole ring to any extent, whether or not substituted in the 114.18naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 114.19(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). 114.20(iv) Naphthylmethylindenes, which are any compounds containing a 114.21naphthylideneindene structure with substitution at the 3-position of the indene 114.22ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 114.231-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 114.24substituted in the indene ring to any extent, whether or not substituted in the naphthyl 114.25ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 114.26E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). 114.27(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 114.28structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 114.29alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 114.302-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 114.31any extent, whether or not substituted in the phenyl ring to any extent. Examples of 114.32phenylacetylindoles include, but are not limited to: 114.33(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); 114.34(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 114.35(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); 114.36(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). 115.1(vi) Cyclohexylphenols, which are compounds containing a 115.22-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 115.3of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 115.41-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 115.5substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 115.6but are not limited to: 115.7(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); 115.8(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 115.9(Cannabicyclohexanol or CP 47,497 C8 homologue); 115.10(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 115.11-phenol (CP 55,940). 115.12(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 115.13structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 115.14alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 115.152-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 115.16any extent and whether or not substituted in the phenyl ring to any extent. Examples of 115.17benzoylindoles include, but are not limited to: 115.18(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); 115.19(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 115.20(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 115.21(WIN 48,098 or Pravadoline). 115.22(viii) Others specifically named: 115.23(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 115.24-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); 115.25(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 115.26-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); 115.27(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 115.28-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); 115.29(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); 115.30(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 115.31(XLR-11); 115.32(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 115.33(AKB-48(APINACA)); 115.34(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 115.35(5-Fluoro-AKB-48); 115.36(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); 116.1(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 116.2PB-22). new text begin ; new text end 116.3 new text begin (J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- new text end 116.4 new text begin 3-carboxamide (AB-PINACA); new text end 116.5 new text begin (K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- new text end 116.6 new text begin 1H-indazole-3-carboxamide (AB-FUBINACA). new text end 116.7(i) A controlled substance analog, to the extent that it is implicitly or explicitly 116.8intended for human consumption. 116.9ARTICLE 6 116.10HEALTH DEPARTMENT AND PUBLIC HEALTH 116.11    Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read: 116.12    Subd. 5. Electronic drug prior authorization standardization and transmission. 116.13    (a) The commissioner of health, in consultation with the Minnesota e-Health Advisory 116.14Committee and the Minnesota Administrative Uniformity Committee, shall, by February 116.1515, 2010, identify an outline on how best to standardize drug prior authorization request 116.16transactions between providers and group purchasers with the goal of maximizing 116.17administrative simplification and efficiency in preparation for electronic transmissions. 116.18    (b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall 116.19develop the standard companion guide by which providers and group purchasers will 116.20exchange standard drug authorization requests using electronic data interchange standards, 116.21if available, with the goal of alignment with standards that are or will potentially be used 116.22nationally. 116.23(c) No later than January 1, 2015 new text begin 2016 new text end , drug prior authorization requests must be 116.24accessible and submitted by health care providers, and accepted by group purchasers, 116.25electronically through secure electronic transmissions. Facsimile shall not be considered 116.26electronic transmission. 116.27    Sec. 2. new text begin [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS. new text end 116.28     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "facility" has the meaning new text end 116.29 new text begin provided in United States Code, title 42, section 263b(a)(3)(A). new text end 116.30     new text begin Subd. 2. new text end new text begin Required notice. new text end new text begin A facility at which a mammography examination is new text end 116.31 new text begin performed shall, if a patient is categorized by the facility as having heterogeneously new text end 116.32 new text begin dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data new text end 116.33 new text begin System established by the American College of Radiology, include in the summary of the new text end 116.34 new text begin written report that is sent to the patient, as required by the federal Mammography Quality new text end 117.1 new text begin Standards Act, United States Code, title 42, section 263b, notice that the patient has dense new text end 117.2 new text begin breast tissue, that this may make it more difficult to detect cancer on a mammogram, and new text end 117.3 new text begin that it may increase her risk of breast cancer. The following language may be used: new text end 117.4 new text begin "Your mammogram shows that your breast tissue is dense. Dense breast tissue is new text end 117.5 new text begin relatively common and is found in more than 40 percent of women. However, dense new text end 117.6 new text begin breast tissue may make it more difficult to identify precancerous lesions or cancer through new text end 117.7 new text begin a mammogram and may also be associated with an increased risk of breast cancer. This new text end 117.8 new text begin information about the results of your mammogram is given to you to raise your own new text end 117.9 new text begin awareness and to help inform your conversations with your treating clinician who has new text end 117.10 new text begin received a report of your mammogram results. Together you can decide which screening new text end 117.11 new text begin options are right for you based on your mammogram results, individual risk factors, new text end 117.12 new text begin or physical examination." new text end 117.13    Sec. 3. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is 117.14amended to read: 117.15    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph 117.16 new text begin paragraphs new text end (b) new text begin and (c) new text end , advanced diagnostic imaging services eligible for reimbursement 117.17from any source, including, but not limited to, the individual receiving such services 117.18and any individual or group insurance contract, plan, or policy delivered in this state, 117.19including, but not limited to, private health insurance plans, workers' compensation 117.20insurance, motor vehicle insurance, the State Employee Group Insurance Program 117.21(SEGIP), and other state health care programs, shall be reimbursed only if the facility at 117.22which the service has been conducted and processed is licensed pursuant to sections 117.23144.50 to 144.56 or accredited by one of the following entities: 117.24(i) American College of Radiology (ACR); 117.25(ii) Intersocietal Accreditation Commission (IAC); 117.26(iii) the Joint Commission; or 117.27(iv) other relevant accreditation organization designated by the Secretary of the 117.28United States Department of Health and Human Services pursuant to United States Code, 117.29title 42, section 1395M. 117.30(2) All accreditation standards recognized under this section must include, but are 117.31not limited to: 117.32(i) provisions establishing qualifications of the physician; 117.33(ii) standards for quality control and routine performance monitoring by a medical 117.34physicist; 118.1(iii) qualifications of the technologist, including minimum standards of supervised 118.2clinical experience; 118.3(iv) guidelines for personnel and patient safety; and 118.4(v) standards for initial and ongoing quality control using clinical image review 118.5and quantitative testing. 118.6(b) Any facility that performs advanced diagnostic imaging services and is eligible 118.7to receive reimbursement for such services from any source in paragraph (a), clause (1), 118.8must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to 118.9paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic 118.10imaging services in the state must obtain licensure or accreditation prior to new text begin within new text end 118.11 new text begin six months of new text end commencing operations and must, at all times, maintain either licensure 118.12pursuant to sections 144.50 to 144.56 or accreditation with an accrediting organization as 118.13provided in paragraph (a). 118.14 new text begin (c) Dental clinics or offices that perform diagnostic imaging through dental cone new text end 118.15 new text begin beam computerized tomography do not need to meet the accreditation or reporting new text end 118.16 new text begin requirements in this section. new text end 118.17 new text begin EFFECTIVE DATE. new text end new text begin The amendment to paragraph (b) is effective the day new text end 118.18 new text begin following final enactment. The amendment to paragraph (a) and paragraph (c) are new text end 118.19 new text begin effective retroactively from August 1, 2013. new text end 118.20    Sec. 4. Minnesota Statutes 2012, section 144.414, subdivision 2, is amended to read: 118.21    Subd. 2. Day care premises. new text begin (a) new text end Smoking is prohibited in a day care center licensed 118.22under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a 118.23group family day care provider home licensed under Minnesota Rules, parts 9502.0300 118.24to 9502.0445, during its hours of operation. The proprietor of a family home or group 118.25family day care provider must disclose to parents or guardians of children cared for on the 118.26premises if the proprietor permits smoking outside of its hours of operation. Disclosure 118.27must include posting on the premises a conspicuous written notice and orally informing 118.28parents or guardians. 118.29 new text begin (b) For purposes of this subdivision, the definition of smoking includes the use of new text end 118.30 new text begin electronic cigarettes, including the inhaling and exhaling of vapor from any electronic new text end 118.31 new text begin delivery device as defined in section 609.685, subdivision 1. new text end 118.32    Sec. 5. Minnesota Statutes 2012, section 144.414, subdivision 3, is amended to read: 118.33    Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area 118.34of a hospital, health care clinic, doctor's office, licensed residential facility for children, 119.1or other health care-related facility, except that a patient or resident in a nursing home, 119.2boarding care facility, or licensed residential facility for adults may smoke in a designated 119.3separate, enclosed room maintained in accordance with applicable state and federal laws. 119.4    (b) Except as provided in section 246.0141, smoking by patients in a locked 119.5psychiatric unit may be allowed in a separated well-ventilated area in the unit under a 119.6policy established by the administrator of the program that allows the treating physician to 119.7approve smoking if, in the opinion of the treating physician, the benefits to be gained in 119.8obtaining patient cooperation with treatment outweigh the negative impacts of smoking. 119.9 new text begin (c) For purposes of this subdivision, the definition of smoking includes the use of new text end 119.10 new text begin electronic cigarettes, including the inhaling and exhaling of vapor from any electronic new text end 119.11 new text begin delivery device as defined in section 609.685, subdivision 1. new text end 119.12    Sec. 6. Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision 119.13to read: 119.14     new text begin Subd. 5. new text end new text begin Electronic cigarettes. new text end new text begin (a) The use of electronic cigarettes, including the new text end 119.15 new text begin inhaling or exhaling of vapor from any electronic delivery device, as defined in section new text end 119.16 new text begin 609.685, subdivision 1, is prohibited in the following locations: new text end 119.17 new text begin (1) any building owned or operated by the state, home rule charter or statutory city, new text end 119.18 new text begin county, township, school district, or other political subdivision; new text end 119.19 new text begin (2) any facility owned by Minnesota State Colleges and Universities and the new text end 119.20 new text begin University of Minnesota; new text end 119.21 new text begin (3) any facility licensed by the commissioner of human services; or new text end 119.22 new text begin (4) any facility licensed by the commissioner of health, but only if the facility is also new text end 119.23 new text begin subject to federal licensing requirements. new text end 119.24 new text begin (b) Nothing in this subdivision shall prohibit political subdivisions or businesses new text end 119.25 new text begin from adopting more stringent prohibitions on the use of electronic cigarettes or electronic new text end 119.26 new text begin delivery devices. new text end 119.27    Sec. 7. Minnesota Statutes 2012, section 144.4165, is amended to read: 119.28144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS. 119.29No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 119.30product new text begin , or inhale or exhale vapor from an electronic delivery device as defined in section new text end 119.31 new text begin 609.685, subdivision 1, new text end in a public school, as defined in section 120A.05, subdivisions 119.329, 11, and 13 new text begin , and no person under the age of 18 shall possess any of these items new text end . This 119.33prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that 119.34a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall 120.1prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or 120.2cultural ceremony. For purposes of this section, an Indian is a person who is a member of 120.3an Indian tribe as defined in section 260.755 subdivision 12. 120.4    Sec. 8. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is 120.5amended to read: 120.6    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a 120.7comprehensive stroke center if the hospital has been certified as a comprehensive stroke 120.8center by the joint commission or another nationally recognized accreditation entity new text begin and new text end 120.9 new text begin the hospital participates in the Minnesota stroke registry program new text end . 120.10    Sec. 9. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is 120.11amended to read: 120.12    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke 120.13center if the hospital has been certified as a primary stroke center by the joint commission 120.14or another nationally recognized accreditation entity new text begin and the hospital participates in the new text end 120.15 new text begin Minnesota stroke registry program new text end . 120.16    Sec. 10. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is 120.17amended to read: 120.18    Subd. 2. Designation. A hospital that voluntarily meets the criteria for a 120.19comprehensive stroke center, primary stroke center, or acute stroke ready hospital may 120.20apply to the commissioner for designation, and upon the commissioner's review and 120.21approval of the application, shall be designated as a comprehensive stroke center, a 120.22primary stroke center, or an acute stroke ready hospital for a three-year period. If a 120.23hospital loses its certification as a comprehensive stroke center or primary stroke center 120.24from the joint commission or other nationally recognized accreditation entity, new text begin or no new text end 120.25 new text begin longer participates in the Minnesota stroke registry program, new text end its Minnesota designation 120.26shall be immediately withdrawn. Prior to the expiration of the three-year designation, a 120.27hospital seeking to remain part of the voluntary acute stroke system may reapply to the 120.28commissioner for designation. 120.29    Sec. 11. new text begin [144.497] ST ELEVATION MYOCARDIAL INFARCTION. new text end 120.30 new text begin The commissioner of health shall assess and report on the quality of care provided in new text end 120.31 new text begin the state for ST elevation myocardial infarction response and treatment. The commissioner new text end 120.32 new text begin shall: new text end 121.1 new text begin (1) utilize and analyze data provided by ST elevation myocardial infarction receiving new text end 121.2 new text begin centers to the ACTION Registry-Get with the guidelines or an equivalent data platform new text end 121.3 new text begin that does not identify individuals or associate specific ST elevation myocardial infarction new text end 121.4 new text begin heart attack events with an identifiable individual; new text end 121.5 new text begin (2) quarterly post a summary report of the data in aggregate form on the Department new text end 121.6 new text begin of Health Web site; new text end 121.7 new text begin (3) annually inform the legislative committees with jurisdiction over public health new text end 121.8 new text begin of progress toward improving the quality of care and patient outcomes for ST elevation new text end 121.9 new text begin myocardial infarctions; and new text end 121.10 new text begin (4) coordinate to the extent possible with national voluntary health organizations new text end 121.11 new text begin involved in ST elevation myocardial infarction heart attack quality improvement to new text end 121.12 new text begin encourage ST elevation myocardial infarction receiving centers to report data consistent new text end 121.13 new text begin with nationally recognized guidelines on the treatment of individuals with confirmed ST new text end 121.14 new text begin elevation myocardial infarction heart attacks within the state and encourage sharing of new text end 121.15 new text begin information among health care providers on ways to improve the quality of care of ST new text end 121.16 new text begin elevation myocardial infarction patients in Minnesota. new text end 121.17    Sec. 12. new text begin [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM. new text end 121.18     new text begin Subdivision 1. new text end new text begin Notice required. new text end new text begin A hospital shall give a written notice about victim new text end 121.19 new text begin rights and available resources to a person seeking medical services in the hospital who new text end 121.20 new text begin reports to hospital staff or presents evidence of a sexual assault or other unwanted new text end 121.21 new text begin sexual contact or sexual penetration. The hospital shall make a good faith effort to new text end 121.22 new text begin provide this notice prior to medical treatment or the examination performed for the new text end 121.23 new text begin purpose of gathering evidence, subject to applicable federal and state laws and regulations new text end 121.24 new text begin regarding the provision of medical care, and in a manner that does not interfere with any new text end 121.25 new text begin medical screening examination or initiation of treatment necessary to stabilize a victim's new text end 121.26 new text begin emergency medical condition. new text end 121.27     new text begin Subd. 2. new text end new text begin Contents of notice. new text end new text begin The commissioners of health and public safety, in new text end 121.28 new text begin consultation with sexual assault victim advocates and health care professionals, shall new text end 121.29 new text begin develop the notice required by subdivision 1. The notice must inform the victim, at a new text end 121.30 new text begin minimum, of: new text end 121.31 new text begin (1) the obligation under section 609.35 of the county where the criminal sexual new text end 121.32 new text begin conduct occurred to pay for the examination performed for the purpose of gathering new text end 121.33 new text begin evidence, that payment is not contingent on the victim reporting the criminal sexual conduct new text end 121.34 new text begin to law enforcement, and that the victim may incur expenses for treatment of injuries; and new text end 122.1 new text begin (2) the victim's rights if the crime is reported to law enforcement, including the new text end 122.2 new text begin victim's right to apply for reparations under sections 611A.51 to 611A.68, information on new text end 122.3 new text begin how to apply for reparations, and information on how to obtain an order for protection or new text end 122.4 new text begin a harassment restraining order. new text end 122.5    Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, 122.6is amended to read: 122.7    Subd. 8. Correction orders. (a) A correction order may be issued whenever the 122.8commissioner finds upon survey or during a complaint investigation that a home care 122.9provider, a managerial official, or an employee of the provider is not in compliance with 122.10sections 144A.43 to 144A.482. The correction order shall cite the specific statute and 122.11document areas of noncompliance and the time allowed for correction. 122.12(b) The commissioner shall mail copies of any correction order within 30 calendar 122.13days after an exit survey to the last known address of the home care provider new text begin , or new text end 122.14 new text begin electronically scan the correction order and e-mail it to the last known home care provider new text end 122.15 new text begin e-mail address, within 30 calendar days after the survey exit date new text end . A copy of each 122.16correction order and copies of any documentation supplied to the commissioner shall be 122.17kept on file by the home care provider, and public documents shall be made available for 122.18viewing by any person upon request. Copies may be kept electronically. 122.19(c) By the correction order date, the home care provider must document in the 122.20provider's records any action taken to comply with the correction order. The commissioner 122.21may request a copy of this documentation and the home care provider's action to respond 122.22to the correction order in future surveys, upon a complaint investigation, and as otherwise 122.23needed. 122.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and for current new text end 122.25 new text begin licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal. new text end 122.26    Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12, 122.27is amended to read: 122.28    Subd. 12. Reconsideration. (a) The commissioner shall make available to home 122.29care providers a correction order reconsideration process. This process may be used 122.30to challenge the correction order issued, including the level and scope described in 122.31subdivision 11, and any fine assessed. During the correction order reconsideration 122.32request, the issuance for the correction orders under reconsideration are not stayed, but 122.33the department shall post information on the Web site with the correction order that the 122.34licensee has requested a reconsideration and that the review is pending. 123.1(b) A licensed home care provider may request from the commissioner, in writing, 123.2a correction order reconsideration regarding any correction order issued to the provider. 123.3 new text begin The written request for reconsideration must be received by the commissioner within 15 new text end 123.4 new text begin calendar days of the correction order receipt date. new text end The correction order reconsideration shall 123.5not be reviewed by any surveyor, investigator, or supervisor that participated in the writing 123.6or reviewing of the correction order being disputed. The correction order reconsiderations 123.7may be conducted in person, by telephone, by another electronic form, or in writing, as 123.8determined by the commissioner. The commissioner shall respond in writing to the request 123.9from a home care provider for a correction order reconsideration within 60 days of the 123.10date the provider requests a reconsideration. The commissioner's response shall identify 123.11the commissioner's decision regarding each citation challenged by the home care provider. 123.12(c) The findings of a correction order reconsideration process shall be one or more of 123.13the following: 123.14(1) supported in full, the correction order is supported in full, with no deletion of 123.15findings to the citation; 123.16(2) supported in substance, the correction order is supported, but one or more 123.17findings are deleted or modified without any change in the citation; 123.18(3) correction order cited an incorrect home care licensing requirement, the correction 123.19order is amended by changing the correction order to the appropriate statutory reference; 123.20(4) correction order was issued under an incorrect citation, the correction order is 123.21amended to be issued under the more appropriate correction order citation; 123.22(5) the correction order is rescinded; 123.23(6) fine is amended, it is determined that the fine assigned to the correction order 123.24was applied incorrectly; or 123.25(7) the level or scope of the citation is modified based on the reconsideration. 123.26(d) If the correction order findings are changed by the commissioner, the 123.27commissioner shall update the correction order Web site. 123.28 new text begin (e) This subdivision does not apply to temporary licensees. new text end 123.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and for current new text end 123.30 new text begin licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal. new text end 123.31    Sec. 15. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, 123.32is amended to read: 123.33    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license, 123.34the home care provider shall be entitled to notice and a hearing as provided by sections 123.3514.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, 124.1without a prior contested case hearing, temporarily suspend a license or prohibit delivery 124.2of services by a provider for not more than 90 days if the commissioner determines that 124.3the health or safety of a consumer is in imminent danger, new text begin there are level 3 or 4 violations new text end 124.4 new text begin as defined in section 144A.474, subdivision 11, paragraph (b), new text end provided: 124.5(1) advance notice is given to the home care provider; 124.6(2) after notice, the home care provider fails to correct the problem; 124.7(3) the commissioner has reason to believe that other administrative remedies are not 124.8likely to be effective; and 124.9(4) there is an opportunity for a contested case hearing within the 90 new text begin 30 new text end days new text begin unless new text end 124.10 new text begin there is an extension granted by an administrative law judge pursuant to subdivision 3b new text end . 124.11 new text begin EFFECTIVE DATE. new text end new text begin The amendments to this section are effective August 1, 2014, new text end 124.12 new text begin and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license new text end 124.13 new text begin renewal. new text end 124.14    Sec. 16. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 124.15adding a subdivision to read: 124.16     new text begin Subd. 3a. new text end new text begin Hearing. new text end new text begin Within 15 business days of receipt of the licensee's timely appeal new text end 124.17 new text begin of a sanction under this section, other than for a temporary suspension, the commissioner new text end 124.18 new text begin shall request assignment of an administrative law judge. The commissioner's request must new text end 124.19 new text begin include a proposed date, time, and place of hearing. A hearing must be conducted by an new text end 124.20 new text begin administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, new text end 124.21 new text begin within 90 calendar days of the request for assignment, unless an extension is requested by new text end 124.22 new text begin either party and granted by the administrative law judge for good cause or for purposes of new text end 124.23 new text begin discussing settlement. In no case shall one or more extensions be granted for a total of new text end 124.24 new text begin more than 90 calendar days unless there is a criminal action pending against the licensee. new text end 124.25 new text begin If, while a licensee continues to operate pending an appeal of an order for revocation, new text end 124.26 new text begin suspension, or refusal to renew a license, the commissioner identifies one or more new new text end 124.27 new text begin violations of law that meet the requirements of level 3 or 4 violations as defined in section new text end 124.28 new text begin 144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to new text end 124.29 new text begin temporarily suspend the license under the provisions in subdivision 3. new text end 124.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for appeals received on or after new text end 124.31 new text begin August 1, 2014. new text end 124.32    Sec. 17. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 124.33adding a subdivision to read: 125.1     new text begin Subd. 3b. new text end new text begin Temporary suspension expedited hearing. new text end new text begin (a) Within five business new text end 125.2 new text begin days of receipt of the license holder's timely appeal of a temporary suspension, the new text end 125.3 new text begin commissioner shall request assignment of an administrative law judge. The request must new text end 125.4 new text begin include a proposed date, time, and place of a hearing. A hearing must be conducted by an new text end 125.5 new text begin administrative law judge within 30 calendar days of the request for assignment, unless new text end 125.6 new text begin an extension is requested by either party and granted by the administrative law judge new text end 125.7 new text begin for good cause. The commissioner shall issue a notice of hearing by certified mail or new text end 125.8 new text begin personal service at least ten business days before the hearing. Certified mail to the last new text end 125.9 new text begin known address is sufficient. The scope of the hearing shall be limited solely to the issue of new text end 125.10 new text begin whether the temporary suspension should remain in effect and whether there is sufficient new text end 125.11 new text begin evidence to conclude that the licensee's actions or failure to comply with applicable laws new text end 125.12 new text begin are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b). new text end 125.13 new text begin (b) The administrative law judge shall issue findings of fact, conclusions, and a new text end 125.14 new text begin recommendation within ten business days from the date of hearing. The parties shall have new text end 125.15 new text begin ten calendar days to submit exceptions to the administrative law judge's report. The new text end 125.16 new text begin record shall close at the end of the ten-day period for submission of exceptions. The new text end 125.17 new text begin commissioner's final order shall be issued within ten business days from the close of the new text end 125.18 new text begin record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, new text end 125.19 new text begin the commissioner shall issue a final order affirming the temporary immediate suspension new text end 125.20 new text begin within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The new text end 125.21 new text begin license holder is prohibited from operation during the temporary suspension period. new text end 125.22 new text begin (c) When the final order under paragraph (b) affirms an immediate suspension, and a new text end 125.23 new text begin final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that new text end 125.24 new text begin sanction, the licensee is prohibited from operation pending a final commissioner's order new text end 125.25 new text begin after the contested case hearing conducted under chapter 14. new text end 125.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014. new text end 125.27    Sec. 18. Minnesota Statutes 2013 Supplement, section 144A.4799, subdivision 3, 125.28is amended to read: 125.29    Subd. 3. Duties. At the commissioner's request, the advisory council shall provide 125.30advice regarding regulations of Department of Health licensed home care providers in 125.31this chapter such as new text begin , including advice on the following new text end : 125.32(1) advice to the commissioner regarding community standards for home care 125.33practices; 125.34(2) advice to the commissioner on enforcement of licensing standards and whether 125.35certain disciplinary actions are appropriate; 126.1(3) advice to the commissioner about ways of distributing information to licensees 126.2and consumers of home care; 126.3(4) advice to the commissioner about training standards; 126.4(5) identify emerging issues and opportunities in the home care field, including the 126.5use of technology in home and telehealth capabilities; and 126.6(6) new text begin allowable home care licensing modifications and exemptions, including a method new text end 126.7 new text begin for an integrated license with an existing license for rural licensed nursing homes to new text end 126.8 new text begin provide limited home care services in an adjacent independent living apartment building new text end 126.9 new text begin owned by the licensed nursing home; and new text end 126.10 new text begin (7) new text end perform other duties as directed by the commissioner. 126.11    Sec. 19. Minnesota Statutes 2012, section 144D.065, is amended to read: 126.12144D.065 TRAINING IN DEMENTIA CARE REQUIRED. 126.13    (a) If a housing with services establishment registered under this chapter new text begin has a special new text end 126.14 new text begin program or special care unit for residents with Alzheimer's disease or other dementias new text end 126.15 new text begin or advertises, new text end markets new text begin , new text end or otherwise promotes new text begin the establishment as providing new text end services 126.16for persons with Alzheimer's disease or related disorders new text begin other dementias new text end , whether in a 126.17segregated or general unit, the establishment's direct care staff and their supervisors must 126.18be trained in dementia care. new text begin employees of the establishment and of the establishment's new text end 126.19 new text begin arranged home care provider must meet the following training requirements: new text end 126.20     new text begin (1) supervisors of direct-care staff must have at least eight hours of initial training on new text end 126.21 new text begin topics specified under paragraph (b) within 120 working hours of the employment start new text end 126.22 new text begin date, and must have at least two hours of training on topics related to dementia care for new text end 126.23 new text begin each 12 months of employment thereafter; new text end 126.24     new text begin (2) direct-care employees must have completed at least eight hours of initial training new text end 126.25 new text begin on topics specified under paragraph (b) within 160 working hours of the employment start new text end 126.26 new text begin date. Until this initial training is complete, an employee must not provide direct care unless new text end 126.27 new text begin there is another employee on site who has completed the initial eight hours of training on new text end 126.28 new text begin topics related to dementia care and who can act as a resource and assist if issues arise. A new text end 126.29 new text begin trainer of the requirements under paragraph (b), or a supervisor meeting the requirements new text end 126.30 new text begin in paragraph (a), clause (1), must be available for consultation with the new employee until new text end 126.31 new text begin the training requirement is complete. Direct-care employees must have at least two hours new text end 126.32 new text begin of training on topics related to dementia for each 12 months of employment thereafter; new text end 126.33     new text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and new text end 126.34 new text begin food service staff, must have at least four hours of initial training on topics specified new text end 126.35 new text begin under paragraph (b) within 160 working hours of the employment start date, and must new text end 127.1 new text begin have at least two hours of training on topics related to dementia care for each 12 months of new text end 127.2 new text begin employment thereafter; and new text end 127.3     new text begin (4) new employees may satisfy the initial training requirements by producing written new text end 127.4 new text begin proof of previously completed required training within the past 18 months. new text end 127.5    (b) Areas of required training include: 127.6    (1) an explanation of Alzheimer's disease and related disorders; 127.7    (2) assistance with activities of daily living; 127.8    (3) problem solving with challenging behaviors; and 127.9    (4) communication skills. 127.10    (c) The establishment shall provide to consumers in written or electronic form a 127.11description of the training program, the categories of employees trained, the frequency 127.12of training, and the basic topics covered. This information satisfies the disclosure 127.13requirements of section 325F.72, subdivision 2, clause (4). 127.14     new text begin (d) Housing with services establishments not included in paragraph (a) that provide new text end 127.15 new text begin assisted living services under chapter 144G must meet the following training requirements: new text end 127.16     new text begin (1) supervisors of direct-care staff must have at least four hours of initial training on new text end 127.17 new text begin topics specified under paragraph (b) within 120 working hours of the employment start new text end 127.18 new text begin date, and must have at least two hours of training on topics related to dementia care for new text end 127.19 new text begin each 12 months of employment thereafter; new text end 127.20     new text begin (2) direct-care employees must have completed at least four hours of initial training new text end 127.21 new text begin on topics specified under paragraph (b) within 160 working hours of the employment start new text end 127.22 new text begin date. Until this initial training is complete, an employee must not provide direct care unless new text end 127.23 new text begin there is another employee on site who has completed the initial four hours of training on new text end 127.24 new text begin topics related to dementia care and who can act as a resource and assist if issues arise. A new text end 127.25 new text begin trainer of the requirements under paragraph (b) or supervisor meeting the requirements new text end 127.26 new text begin under paragraph (a), clause (1), must be available for consultation with the new employee new text end 127.27 new text begin until the training requirement is complete. Direct-care employees must have at least two new text end 127.28 new text begin hours of training on topics related to dementia for each 12 months of employment thereafter; new text end 127.29     new text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and new text end 127.30 new text begin food service staff, must have at least four hours of initial training on topics specified new text end 127.31 new text begin under paragraph (b) within 160 working hours of the employment start date, and must new text end 127.32 new text begin have at least two hours of training on topics related to dementia care for each 12 months of new text end 127.33 new text begin employment thereafter; and new text end 127.34     new text begin (4) new employees may satisfy the initial training requirements by producing written new text end 127.35 new text begin proof of previously completed required training within the past 18 months. new text end 127.36 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 128.1    Sec. 20. new text begin [144D.10] MANAGER REQUIREMENTS. new text end 128.2     new text begin (a) The person primarily responsible for oversight and management of a housing new text end 128.3 new text begin with services establishment, as designated by the owner of the housing with services new text end 128.4 new text begin establishment, must obtain at least 30 hours of continuing education every two years of new text end 128.5 new text begin employment as the manager in topics relevant to the operations of the housing with services new text end 128.6 new text begin establishment and the needs of its tenants. Continuing education earned to maintain a new text end 128.7 new text begin professional license, such as nursing home administrator license, nursing license, social new text end 128.8 new text begin worker license, and real estate license, can be used to complete this requirement. new text end 128.9     new text begin (b) For managers of establishments identified in section 325F.72, this continuing new text end 128.10 new text begin education must include at least eight hours of documented training on the topics identified new text end 128.11 new text begin in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of new text end 128.12 new text begin training on these topics for each 12 months of employment thereafter. new text end 128.13     new text begin (c) For managers of establishments not covered by section 325F.72, but who provide new text end 128.14 new text begin assisted living services under chapter 144G, this continuing education must include at new text end 128.15 new text begin least four hours of documented training on the topics identified in section 144D.065, new text end 128.16 new text begin paragraph (b), within 160 working hours of hire, and two hours of training on these topics new text end 128.17 new text begin for each 12 months of employment thereafter. new text end 128.18     new text begin (d) A statement verifying compliance with the continuing education requirement new text end 128.19 new text begin must be included in the housing with services establishment's annual registration to the new text end 128.20 new text begin commissioner of health. The establishment must maintain records for at least three years new text end 128.21 new text begin demonstrating that the person primarily responsible for oversight and management of the new text end 128.22 new text begin establishment has attended educational programs as required by this section. new text end 128.23     new text begin (e) New managers may satisfy the initial dementia training requirements by producing new text end 128.24 new text begin written proof of previously completed required training within the past 18 months. new text end 128.25     new text begin (f) This section does not apply to an establishment registered under section new text end 128.26 new text begin 144D.025 serving the homeless. new text end 128.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 128.28    Sec. 21. new text begin [144D.11] EMERGENCY PLANNING. new text end 128.29     new text begin (a) Each registered housing with services establishment must meet the following new text end 128.30 new text begin requirements: new text end 128.31     new text begin (1) have a written emergency disaster plan that contains a plan for evacuation, new text end 128.32 new text begin addresses elements of sheltering in-place, identifies temporary relocation sites, and details new text end 128.33 new text begin staff assignments in the event of a disaster or an emergency; new text end 128.34     new text begin (2) post an emergency disaster plan prominently; new text end 128.35     new text begin (3) provide building emergency exit diagrams to all tenants upon signing a lease; new text end 129.1     new text begin (4) post emergency exit diagrams on each floor; and new text end 129.2     new text begin (5) have a written policy and procedure regarding missing tenants. new text end 129.3     new text begin (b) Each registered housing with services establishment must provide emergency new text end 129.4 new text begin and disaster training to all staff during the initial staff orientation and annually thereafter new text end 129.5 new text begin and must make emergency and disaster training available to all tenants annually. Staff new text end 129.6 new text begin who have not received emergency and disaster training are allowed to work only when new text end 129.7 new text begin trained staff are also working on site. new text end 129.8     new text begin (c) Each registered housing with services location must conduct and document a fire new text end 129.9 new text begin drill or other emergency drill at least every six months. To the extent possible, drills must new text end 129.10 new text begin be coordinated with local fire departments or other community emergency resources. new text end 129.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 129.12    Sec. 22. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision 129.13to read: 129.14     new text begin Subd. 7a. new text end new text begin Minority run health care professional associations. new text end new text begin The commissioner new text end 129.15 new text begin shall award grants to minority run health care professional associations to achieve the new text end 129.16 new text begin following: new text end 129.17 new text begin (1) provide collaborative mental health services to minority residents; new text end 129.18 new text begin (2) provide collaborative, holistic, and culturally competent health care services in new text end 129.19 new text begin communities with high concentrations of minority residents; and new text end 129.20 new text begin (3) collaborate on recruitment, training, and placement of minorities with health new text end 129.21 new text begin care providers. new text end 129.22    Sec. 23. Minnesota Statutes 2012, section 149A.92, is amended by adding a 129.23subdivision to read: 129.24     new text begin Subd. 11. new text end new text begin Scope. new text end new text begin Notwithstanding the requirements in section 149A.50, this section new text end 129.25 new text begin applies only to funeral establishments where human remains are present for the purpose new text end 129.26 new text begin of preparation and embalming, private viewings, visitations, services, and holding of new text end 129.27 new text begin human remains while awaiting final disposition. For the purpose of this subdivision, new text end 129.28 new text begin "private viewing" means viewing of a dead human body by persons designated in section new text end 129.29 new text begin 149A.80, subdivision 2. new text end 129.30    Sec. 24. Minnesota Statutes 2012, section 325H.05, is amended to read: 129.31325H.05 POSTED WARNING REQUIRED. 130.1(a) The facility owner or operator shall conspicuously post the warning sign new text begin signs new text end 130.2 described in paragraph new text begin paragraphs new text end (b) new text begin and (c) new text end within three feet of each tanning station. 130.3The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, 130.4and must be posted so that it can be easily viewed by the consumer before energizing the 130.5tanning equipment. 130.6(b) The warning sign required in paragraph (a) shall have dimensions not less than 130.7eight inches by ten inches, and must have the following wording: 130.8"DANGER - ULTRAVIOLET RADIATION 130.9-Follow instructions. 130.10-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin 130.11injury and allergic reactions. Repeated exposure may cause premature aging 130.12of the skin and skin cancer. 130.13-Wear protective eyewear. 130.14FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT 130.15IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. 130.16-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. 130.17Consult a physician before using sunlamp or tanning equipment if you are 130.18using medications or have a history of skin problems or believe yourself to be 130.19especially sensitive to sunlight." 130.20 new text begin (c) All tanning facilities must prominently display a sign in a conspicuous place, new text end 130.21 new text begin at the point of sale, that states it is unlawful for a tanning facility or operator to allow a new text end 130.22 new text begin person under age 18 to use any tanning equipment. new text end 130.23    Sec. 25. new text begin [325H.085] USE BY MINORS PROHIBITED. new text end 130.24 new text begin A person under age 18 may not use any type of tanning equipment as defined by new text end 130.25 new text begin section 325H.01, subdivision 6, available in a tanning facility in this state. new text end 130.26    Sec. 26. Minnesota Statutes 2012, section 325H.09, is amended to read: 130.27325H.09 PENALTY. 130.28Any person who leases tanning equipment or who owns a tanning facility and who 130.29operates or permits the equipment or facility to be operated in noncompliance with the 130.30requirements of sections 325H.01 to new text begin 325H.085 new text end is guilty of a petty misdemeanor. 130.31    Sec. 27. new text begin [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION; new text end 130.32 new text begin REGISTRATION. new text end 131.1     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 131.2 new text begin have the meanings given them. new text end 131.3 new text begin (b) "Automatic external defibrillator" or "AED" means an electronic device designed new text end 131.4 new text begin and manufactured to operate automatically or semiautomatically for the purpose of new text end 131.5 new text begin delivering an electrical current to the heart of a person in sudden cardiac arrest. new text end 131.6 new text begin (c) "AED registry" means a registry of AEDs that requires a maintenance program new text end 131.7 new text begin or package, and includes, but is not limited to: the Minnesota AED Registry, the National new text end 131.8 new text begin AED Registry, iRescU, or a manufacturer-specific program. new text end 131.9 new text begin (d) "Person" means a natural person, partnership, association, corporation, or unit new text end 131.10 new text begin of government. new text end 131.11 new text begin (e) "Public access AED" means an AED that is intended, by its markings or display, new text end 131.12 new text begin to be used or accessed by the public for the benefit of the general public that may be in the new text end 131.13 new text begin vicinity or location of that AED. It does not include an AED that is owned or used by a new text end 131.14 new text begin hospital, clinic, business, or organization that is intended to be used by staff and is not new text end 131.15 new text begin marked or displayed in a manner to encourage public access. new text end 131.16 new text begin (f) "Maintenance program or package" means a program that will alert the AED new text end 131.17 new text begin owner when the AED has electrodes and batteries due to expire or replaces those expiring new text end 131.18 new text begin electrodes and batteries for the AED owner. new text end 131.19 new text begin (g) "Public safety agency" means local law enforcement, county sheriff, municipal new text end 131.20 new text begin police, tribal agencies, state law enforcement, fire departments, including municipal new text end 131.21 new text begin departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, new text end 131.22 new text begin and licensed ambulance services. new text end 131.23 new text begin (h) "Mobile AED" means an AED that (1) is purchased with the intent of being located new text end 131.24 new text begin in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be new text end 131.25 new text begin placed in stationary storage, including, but not limited to, an AED used at an athletic event. new text end 131.26 new text begin (i) "Private-use AED" means an AED that is not intended to be used or accessed by new text end 131.27 new text begin the public for the benefit of the general public. This may include, but is not limited to, new text end 131.28 new text begin AEDs found in private residences. new text end 131.29     new text begin Subd. 2. new text end new text begin Registration. new text end new text begin A person who purchases or obtains a public access AED shall new text end 131.30 new text begin register that device with an AED registry within 30 working days of receiving the AED. new text end 131.31     new text begin Subd. 3. new text end new text begin Required information. new text end new text begin A person registering a public access AED shall new text end 131.32 new text begin provide the following information for each AED: new text end 131.33 new text begin (1) AED manufacturer, model, and serial number; new text end 131.34 new text begin (2) specific location where the AED will be kept; and new text end 131.35 new text begin (3) the title, address, and telephone number of a person in management at the new text end 131.36 new text begin business or organization where the AED is located. new text end 132.1     new text begin Subd. 4. new text end new text begin Information changes. new text end new text begin The owner of a public access AED shall notify the new text end 132.2 new text begin owner's AED registry of any changes in the information that is required in the registration new text end 132.3 new text begin within 30 working days of the change occurring. new text end 132.4     new text begin Subd. 5. new text end new text begin Public access AED requirements. new text end new text begin A public access AED: new text end 132.5 new text begin (1) may be inspected during regular business hours by a public safety agency with new text end 132.6 new text begin jurisdiction over the location of the AED; new text end 132.7 new text begin (2) must be kept in the location specified in the registration; and new text end 132.8 new text begin (3) must be reasonably maintained, including replacement of dead batteries and new text end 132.9 new text begin pads/electrodes, and comply with all manufacturer's recall and safety notices. new text end 132.10     new text begin Subd. 6. new text end new text begin Removal of AED. new text end new text begin An authorized agent of a public safety agency with new text end 132.11 new text begin jurisdiction over the location of the AED may direct the owner of a public access AED to new text end 132.12 new text begin comply with this section. The authorized agent of the public safety agency may direct new text end 132.13 new text begin the owner of the AED to remove the AED from its public access location and to remove new text end 132.14 new text begin or cover any public signs relating to that AED if it is determined that the AED is not new text end 132.15 new text begin ready for immediate use. new text end 132.16     new text begin Subd. 7. new text end new text begin Private-use AEDs. new text end new text begin The owner of a private-use AED is not subject to the new text end 132.17 new text begin requirements of this section but is encouraged to maintain the AED in a consistent manner. new text end 132.18     new text begin Subd. 8. new text end new text begin Mobile AEDs. new text end new text begin The owner of a mobile AED is not subject to the new text end 132.19 new text begin requirements of this section but is encouraged to maintain the AED in a consistent manner. new text end 132.20     new text begin Subd. 9. new text end new text begin Signs. new text end new text begin A person acquiring a public-use AED is encouraged but is not new text end 132.21 new text begin required to post signs bearing the universal AED symbol in order to increase the ease of new text end 132.22 new text begin access by the public to the AED in the event of an emergency. A person may not post any new text end 132.23 new text begin AED sign or allow any AED sign to remain posted upon being ordered to remove or cover new text end 132.24 new text begin any AED signs by an authorized agent of a public safety agency. new text end 132.25     new text begin Subd. 10. new text end new text begin Emergency response plans. new text end new text begin The owner of one or more public access new text end 132.26 new text begin AEDs shall develop an emergency response plan appropriate for the nature of the facility new text end 132.27 new text begin the AED is intended to serve. new text end 132.28     new text begin Subd. 11. new text end new text begin Civil liability. new text end new text begin This section does not create any civil liability on the new text end 132.29 new text begin part of an AED owner or preclude civil liability under other law. Section 645.241 does new text end 132.30 new text begin not apply to this section. new text end 132.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014. new text end 132.32    Sec. 28. Minnesota Statutes 2012, section 461.12, is amended to read: 132.33461.12 MUNICIPAL TOBACCO LICENSE new text begin OF TOBACCO, new text end 132.34 new text begin TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS new text end . 133.1    Subdivision 1. Authorization. A town board or the governing body of a home 133.2rule charter or statutory city may license and regulate the retail sale of tobacco and new text begin , new text end 133.3 tobacco-related devices new text begin , and electronic delivery devices new text end as defined in section 609.685, 133.4subdivision 1 , new text begin and nicotine and lobelia delivery products as described in section 609.6855, new text end 133.5and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 133.6The county board shall license and regulate the sale of tobacco and new text begin , new text end tobacco-related 133.7devices new text begin , electronic delivery devices, and nicotine and lobelia products new text end in unorganized 133.8territory of the county except on the State Fairgrounds and in a town or a home rule charter 133.9or statutory city if the town or city does not license and regulate retail new text begin sales of new text end tobacco 133.10sales new text begin , tobacco-related devices, electronic delivery devices, and nicotine and lobelia new text end 133.11 new text begin delivery products new text end . The State Agricultural Society shall license and regulate the sale of 133.12tobacco new text begin , tobacco-related devices, electronic delivery devices, and nicotine and lobelia new text end 133.13 new text begin delivery products new text end on the State Fairgrounds. Retail establishments licensed by a town or 133.14city to sell tobacco new text begin , tobacco-related devices, electronic delivery devices, and nicotine and new text end 133.15 new text begin lobelia delivery products new text end are not required to obtain a second license for the same location 133.16under the licensing ordinance of the county. 133.17    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a 133.18licensee sells tobacco or new text begin , new text end tobacco-related devices new text begin , electronic delivery devices, or nicotine new text end 133.19 new text begin or lobelia delivery products new text end to a person under the age of 18 years, or violates any other 133.20provision of this chapter, the licensee shall be charged an administrative penalty of $75. 133.21An administrative penalty of $200 must be imposed for a second violation at the same 133.22location within 24 months after the initial violation. For a third violation at the same 133.23location within 24 months after the initial violation, an administrative penalty of $250 133.24must be imposed, and the licensee's authority to sell tobacco new text begin , tobacco-related devices, new text end 133.25 new text begin electronic delivery devices, or nicotine or lobelia delivery products new text end at that location must be 133.26suspended for not less than seven days. No suspension or penalty may take effect until the 133.27licensee has received notice, served personally or by mail, of the alleged violation and an 133.28opportunity for a hearing before a person authorized by the licensing authority to conduct 133.29the hearing. A decision that a violation has occurred must be in writing. 133.30    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco 133.31or new text begin , new text end tobacco-related devices new text begin , electronic delivery devices, or nicotine or lobelia delivery new text end 133.32 new text begin products new text end to a person under the age of 18 years must be charged an administrative penalty 133.33of $50. No penalty may be imposed until the individual has received notice, served 133.34personally or by mail, of the alleged violation and an opportunity for a hearing before a 133.35person authorized by the licensing authority to conduct the hearing. A decision that a 133.36violation has occurred must be in writing. 134.1    Subd. 4. Minors. The licensing authority shall consult with interested educators, 134.2parents, children, and representatives of the court system to develop alternative penalties 134.3for minors who purchase, possess, and consume tobacco or new text begin , new text end tobacco-related devices new text begin , new text end 134.4 new text begin electronic delivery devices, or nicotine or lobelia delivery products new text end . The licensing 134.5authority and the interested persons shall consider a variety of options, including, but 134.6not limited to, tobacco free education programs, notice to schools, parents, community 134.7service, and other court diversion programs. 134.8    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced 134.9compliance checks at least once each calendar year at each location where tobacco is new text begin , new text end 134.10 new text begin tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products new text end 134.11 new text begin are new text end sold to test compliance with section new text begin sections new text end 609.685 new text begin and 609.6855 new text end . Compliance 134.12checks must involve minors over the age of 15, but under the age of 18, who, with the prior 134.13written consent of a parent or guardian, attempt to purchase tobacco or new text begin , new text end tobacco-related 134.14devices new text begin , electronic delivery devices, or nicotine or lobelia delivery products new text end under the 134.15direct supervision of a law enforcement officer or an employee of the licensing authority. 134.16    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco 134.17or new text begin , new text end tobacco-related devices new text begin , electronic delivery devices, or nicotine or lobelia delivery new text end 134.18 new text begin products new text end to a person under the age of 18 years in violation of subdivision 2 or 3 that the 134.19licensee or individual making the sale relied in good faith upon proof of age as described 134.20in section 340A.503, subdivision 6. 134.21    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision 134.222 or 3 may have the decision reviewed in the district court in the same manner and 134.23procedure as provided in section 462.361. 134.24    Subd. 8. Notice to commissioner. The licensing authority under this section shall, 134.25within 30 days of the issuance of a license, inform the commissioner of revenue of the 134.26licensee's name, address, trade name, and the effective and expiration dates of the license. 134.27The commissioner of revenue must also be informed of a license renewal, transfer, 134.28cancellation, suspension, or revocation during the license period. 134.29    Sec. 29. Minnesota Statutes 2012, section 461.18, is amended to read: 134.30461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS. 134.31    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale 134.32tobacco or tobacco-related devices, new text begin or electronic delivery devices new text end as defined in section 134.33609.685, subdivision 1 , new text begin or nicotine or lobelia delivery products as described in section new text end 134.34 new text begin 609.6855, new text end in open displays which are accessible to the public without the intervention 134.35of a store employee. 135.1(b) [Expired August 28, 1997] 135.2(c) [Expired] 135.3(d) This subdivision shall not apply to retail stores which derive at least 90 percent 135.4of their revenue from tobacco and tobacco-related products new text begin devices new text end and where the retailer 135.5ensures that no person younger than 18 years of age is present, or permitted to enter, at 135.6any time. 135.7    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products new text begin , new text end 135.8 new text begin electronic delivery devices, or nicotine or lobelia delivery products new text end from vending 135.9machines. This subdivision does not apply to vending machines in facilities that cannot be 135.10entered at any time by persons younger than 18 years of age. 135.11    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal 135.12Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 135.13and other multipack units. 135.14    Sec. 30. Minnesota Statutes 2012, section 461.19, is amended to read: 135.15461.19 EFFECT ON LOCAL ORDINANCE; NOTICE. 135.16Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 135.17restrictive regulation of new text begin sales of new text end tobacco sales new text begin , tobacco-related devices, electronic delivery new text end 135.18 new text begin devices, and nicotine and lobelia products new text end . A governing body shall give notice of its 135.19intention to consider adoption or substantial amendment of any local ordinance required 135.20under section 461.12 or permitted under this section. The governing body shall take 135.21reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 135.22known address of each licensee or person required to hold a license under section 461.12. 135.23The notice shall state the time, place, and date of the meeting and the subject matter of 135.24the proposed ordinance. 135.25    Sec. 31. new text begin [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING. new text end 135.26 new text begin (a) For purposes of this section, "child-resistant packaging" is defined as set forth new text end 135.27 new text begin in Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on January new text end 135.28 new text begin 1, 2015, when tested in accordance with the method described in Code of Federal new text end 135.29 new text begin Regulations, title 16, section 1700.20, as in effect on January 1, 2015. new text end 135.30 new text begin (b) The sale of any liquid, whether or not such liquid contains nicotine, that is new text end 135.31 new text begin intended for human consumption and use in an electronic delivery device, as defined in new text end 135.32 new text begin section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is new text end 135.33 new text begin prohibited. All licensees under this chapter must ensure that any liquid intended for human new text end 135.34 new text begin consumption and use in an electronic delivery device is sold in child-resistant packaging. new text end 136.1 new text begin (c) A licensee that fails to comply with this section is subject to administrative new text end 136.2 new text begin penalties under section 461.12, subdivision 2. new text end 136.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 136.4    Sec. 32. new text begin [461.21] KIOSK SALES PROHIBITED. new text end 136.5 new text begin No person shall sell tobacco, tobacco-related devices, or electronic delivery devices new text end 136.6 new text begin as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as new text end 136.7 new text begin described in section 609.6855, from a moveable place of business. For the purposes of this new text end 136.8 new text begin section, a moveable place of business means any retail business whose physical location is new text end 136.9 new text begin not permanent, including, but not limited to, any retail business that is operated from a new text end 136.10 new text begin kiosk, other transportable structure, or a motorized or nonmotorized vehicle. new text end 136.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015, for contracts in new text end 136.12 new text begin effect as of May 1, 2014. This section is effective August 1, 2014, for any contracts new text end 136.13 new text begin entered into after May 1, 2014. new text end 136.14    Sec. 33. Minnesota Statutes 2012, section 609.685, is amended to read: 136.15609.685 SALE OF TOBACCO TO CHILDREN. 136.16    Subdivision 1. Definitions. For the purposes of this section, the following terms 136.17shall have the meanings respectively ascribed to them in this section. 136.18(a) "Tobacco" means cigarettes and any product containing, made, or derived from 136.19tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 136.20dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 136.21part, or accessory of a tobacco product; new text begin including but not limited to new text end cigars; cheroots; 136.22stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 136.23snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 136.24shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 136.25forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 136.26United States Food and Drug Administration for sale as a tobacco new text begin - new text end cessation product, as a 136.27tobacco new text begin - new text end dependence product, or for other medical purposes, and is being marketed and 136.28sold solely for such an approved purpose. 136.29(b) "Tobacco-related devices" means cigarette papers or pipes for smoking new text begin or new text end 136.30 new text begin other devices intentionally designed or intended to be used in a manner which enables new text end 136.31 new text begin the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. new text end 136.32 new text begin Tobacco-related devices include components of tobacco-related devices which may be new text end 136.33 new text begin marketed or sold separately new text end . 137.1 new text begin (c) "Electronic delivery device" means any product containing or delivering nicotine, new text end 137.2 new text begin lobelia, or any other substance intended for human consumption that can be used by a new text end 137.3 new text begin person to simulate smoking in the delivery of nicotine or any other substance through new text end 137.4 new text begin inhalation of vapor from the product. Electronic delivery device includes any component new text end 137.5 new text begin part of a product, whether or not marketed or sold separately. Electronic delivery device new text end 137.6 new text begin does not include any product that has been approved or certified by the United States Food new text end 137.7 new text begin and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence new text end 137.8 new text begin product, or for other medical purposes, and is marketed and sold for such an approved new text end 137.9 new text begin purpose. new text end 137.10    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco new text begin , tobacco-related devices, or new text end 137.11 new text begin electronic delivery devices new text end to a person under the age of 18 years is guilty of a misdemeanor 137.12for the first violation. Whoever violates this subdivision a subsequent time within five 137.13years of a previous conviction under this subdivision is guilty of a gross misdemeanor. 137.14(b) It is an affirmative defense to a charge under this subdivision if the defendant 137.15proves by a preponderance of the evidence that the defendant reasonably and in good faith 137.16relied on proof of age as described in section 340A.503, subdivision 6. 137.17    Subd. 2. Other offenses. (a) Whoever furnishes tobacco or new text begin , new text end tobacco-related 137.18devices new text begin , or electronic delivery devices new text end to a person under the age of 18 years is guilty of a 137.19misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 137.20guilty of a gross misdemeanor. 137.21(b) A person under the age of 18 years who purchases or attempts to purchase 137.22tobacco or new text begin , new text end tobacco-related devices new text begin , or electronic delivery devices new text end and who uses a driver's 137.23license, permit, Minnesota identification card, or any type of false identification to 137.24misrepresent the person's age, is guilty of a misdemeanor. 137.25    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2, 137.26whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 137.27purchase tobacco or tobacco related new text begin , tobacco-related new text end devices new text begin , or electronic delivery new text end 137.28 new text begin devices new text end and is under the age of 18 years is guilty of a petty misdemeanor. 137.29    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 137.30or preclude the continuation or adoption of any local ordinance which provides for more 137.31stringent regulation of the subject matter in subdivisions 1 to 3. 137.32    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 137.33tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 137.34traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 137.35is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12. 138.1(b) The penalties in this section do not apply to a person under the age of 18 years 138.2who purchases or attempts to purchase tobacco or new text begin , new text end tobacco-related devices new text begin , or electronic new text end 138.3 new text begin delivery devices new text end while under the direct supervision of a responsible adult for training, 138.4education, research, or enforcement purposes. 138.5    Subd. 6. Seizure of false identification. A retailer may seize a form of identification 138.6listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 138.7that the form of identification has been altered or falsified or is being used to violate any 138.8law. A retailer that seizes a form of identification as authorized under this subdivision 138.9shall deliver it to a law enforcement agency within 24 hours of seizing it. 138.10    Sec. 34. Minnesota Statutes 2012, section 609.6855, is amended to read: 138.11609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN. 138.12    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of 138.1318 years a product containing or delivering nicotine or lobelia intended for human 138.14consumption, or any part of such a product, that is not tobacco new text begin or an electronic delivery new text end 138.15 new text begin device new text end as defined by section 609.685, is guilty of a misdemeanor for the first violation. 138.16Whoever violates this subdivision a subsequent time within five years of a previous 138.17conviction under this subdivision is guilty of a gross misdemeanor. 138.18(b) It is an affirmative defense to a charge under this subdivision if the defendant 138.19proves by a preponderance of the evidence that the defendant reasonably and in good faith 138.20relied on proof of age as described in section 340A.503, subdivision 6. 138.21(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 138.22lobelia intended for human consumption, or any part of such a product, that is not tobacco 138.23 new text begin or an electronic delivery device new text end as defined by section 609.685, may be sold to persons 138.24under the age of 18 if the product has been approved or otherwise certified for legal sale 138.25by the United States Food and Drug Administration for tobacco use cessation, harm 138.26reduction, or for other medical purposes, and is being marketed and sold solely for that 138.27approved purpose. 138.28    Subd. 2. Other offense. A person under the age of 18 years who purchases or 138.29attempts to purchase a product containing or delivering nicotine or lobelia intended for 138.30human consumption, or any part of such a product, that is not tobacco new text begin or an electronic new text end 138.31 new text begin delivery device new text end as defined by section 609.685, and who uses a driver's license, permit, 138.32Minnesota identification card, or any type of false identification to misrepresent the 138.33person's age, is guilty of a misdemeanor. 138.34    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 138.352, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 139.1a product containing or delivering nicotine or lobelia intended for human consumption, or 139.2any part of such a product, that is not tobacco new text begin or an electronic delivery device new text end as defined 139.3by section 609.685, is guilty of a petty misdemeanor. 139.4    Sec. 35. new text begin EVALUATION AND REPORTING REQUIREMENTS. new text end 139.5     new text begin (a) The commissioner of health shall consult with the Alzheimer's Association, new text end 139.6 new text begin Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term new text end 139.7 new text begin care, Minnesota Home Care Association, and other stakeholders to evaluate the following: new text end 139.8     new text begin (1) whether additional settings, provider types, licensed and unlicensed personnel, or new text end 139.9 new text begin health care services regulated by the commissioner should be required to comply with the new text end 139.10 new text begin training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11; new text end 139.11     new text begin (2) cost implications for the groups or individuals identified in clause (1) to comply new text end 139.12 new text begin with the training requirements; new text end 139.13     new text begin (3) dementia education options available; new text end 139.14     new text begin (4) existing dementia training mandates under federal and state statutes and rules; and new text end 139.15     new text begin (5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and new text end 139.16 new text begin 144D.11, and methods to determine compliance with the training requirements. new text end 139.17     new text begin (b) The commissioner shall report the evaluation to the chairs of the health and new text end 139.18 new text begin human services committees of the legislature no later than February 15, 2015, along with new text end 139.19 new text begin any recommendations for legislative changes. new text end 139.20    Sec. 36. new text begin DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS. new text end 139.21 new text begin The commissioner of health shall develop recommendations on ways to minimize new text end 139.22 new text begin triclosan health risks. new text end 139.23    Sec. 37. new text begin REPEALER. new text end 139.24 new text begin Minnesota Statutes 2012, sections 325H.06; and 325H.08, new text end new text begin are repealed. new text end 139.25ARTICLE 7 139.26LOCAL PUBLIC HEALTH SYSTEM 139.27    Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a 139.28subdivision to read: 139.29     new text begin Subd. 1a. new text end new text begin Areas of public health responsibility. new text end new text begin "Areas of public health new text end 139.30 new text begin responsibility" means: new text end 139.31 new text begin (1) assuring an adequate local public health infrastructure; new text end 139.32 new text begin (2) promoting healthy communities and healthy behaviors; new text end 140.1 new text begin (3) preventing the spread of communicable disease; new text end 140.2 new text begin (4) protecting against environmental health hazards; new text end 140.3 new text begin (5) preparing for and responding to emergencies; and new text end 140.4 new text begin (6) assuring health services. new text end 140.5    Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read: 140.6    Subd. 5. Community health board. "Community health board" means a board of 140.7health established, operating, and eligible for a new text begin the governing body for new text end local public health 140.8grant under sections to . new text begin in Minnesota. The community health board new text end 140.9 new text begin may be comprised of a single county, multiple contiguous counties, or in a limited number new text end 140.10 new text begin of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the new text end 140.11 new text begin responsibilities and authority under this chapter. new text end 140.12    Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 140.13to read: 140.14     new text begin Subd. 6a. new text end new text begin Community health services administrator. new text end new text begin "Community health services new text end 140.15 new text begin administrator" means a person who meets personnel standards for the position established new text end 140.16 new text begin under section 145A.06, subdivision 3b, and is working under a written agreement with, new text end 140.17 new text begin employed by, or under contract with a community health board to provide public health new text end 140.18 new text begin leadership and to discharge the administrative and program responsibilities on behalf of new text end 140.19 new text begin the board. new text end 140.20    Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 140.21to read: 140.22     new text begin Subd. 8a. new text end new text begin Local health department. new text end new text begin "Local health department" means an new text end 140.23 new text begin operational entity that is responsible for the administration and implementation of new text end 140.24 new text begin programs and services to address the areas of public health responsibility. It is governed new text end 140.25 new text begin by a community health board. new text end 140.26    Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 140.27to read: 140.28     new text begin Subd. 8b. new text end new text begin Essential public health services. new text end new text begin "Essential public health services" new text end 140.29 new text begin means the public health activities that all communities should undertake. These services new text end 140.30 new text begin serve as the framework for the National Public Health Performance Standards. In new text end 140.31 new text begin Minnesota they refer to activities that are conducted to accomplish the areas of public new text end 140.32 new text begin health responsibility. The ten essential public health services are to: new text end 141.1 new text begin (1) monitor health status to identify and solve community health problems; new text end 141.2 new text begin (2) diagnose and investigate health problems and health hazards in the community; new text end 141.3 new text begin (3) inform, educate, and empower people about health issues; new text end 141.4 new text begin (4) mobilize community partnerships and action to identify and solve health new text end 141.5 new text begin problems; new text end 141.6 new text begin (5) develop policies and plans that support individual and community health efforts; new text end 141.7 new text begin (6) enforce laws and regulations that protect health and ensure safety; new text end 141.8 new text begin (7) link people to needed personal health services and assure the provision of health new text end 141.9 new text begin care when otherwise unavailable; new text end 141.10 new text begin (8) maintain a competent public health workforce; new text end 141.11 new text begin (9) evaluate the effectiveness, accessibility, and quality of personal and new text end 141.12 new text begin population-based health services; and new text end 141.13 new text begin (10) contribute to research seeking new insights and innovative solutions to health new text end 141.14 new text begin problems. new text end 141.15    Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read: 141.16    Subd. 15. Medical consultant. "Medical consultant" means a physician licensed 141.17to practice medicine in Minnesota who is working under a written agreement with, 141.18employed by, or on contract with a new text begin community health new text end board of health to provide advice 141.19and information, to authorize medical procedures through standing orders new text begin protocols new text end , and 141.20to assist a new text begin community health new text end board of health and its staff in coordinating their activities 141.21with local medical practitioners and health care institutions. 141.22    Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 141.23to read: 141.24     new text begin Subd. 15a. new text end new text begin Performance management. new text end new text begin "Performance management" means the new text end 141.25 new text begin systematic process of using data for decision making by identifying outcomes and new text end 141.26 new text begin standards; measuring, monitoring, and communicating progress; and engaging in quality new text end 141.27 new text begin improvement activities in order to achieve desired outcomes. new text end 141.28    Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 141.29to read: 141.30     new text begin Subd. 15b. new text end new text begin Performance measures. new text end new text begin "Performance measures" means quantitative new text end 141.31 new text begin ways to define and measure performance. new text end 141.32    Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read: 142.1    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing 142.2body of a city or county must undertake the responsibilities of a new text begin community health new text end board 142.3of health or establish a board of health new text begin by establishing or joining a community health new text end 142.4 new text begin board according to paragraphs (b) to (f) new text end and assign new text begin assigning new text end to it the powers and duties of 142.5a board of health new text begin specified under section 145A.04 new text end . 142.6(b) A city council may ask a county or joint powers board of health to undertake 142.7the responsibilities of a board of health for the city's jurisdiction. new text begin A community health new text end 142.8 new text begin board must include within its jurisdiction a population of 30,000 or more persons or be new text end 142.9 new text begin composed of three or more contiguous counties. new text end 142.10(c) A county board or city council within the jurisdiction of a community health 142.11board operating under sections 145A.09 to 145A.131 is preempted from forming a board of 142.12 new text begin community new text end health new text begin board new text end except as specified in section 145A.10, subdivision 2 new text begin 145A.131 new text end . 142.13 new text begin (d) A county board or a joint powers board that establishes a community health new text end 142.14 new text begin board and has or establishes an operational human services board under chapter 402 may new text end 142.15 new text begin assign the powers and duties of a community health board to a human services board. new text end 142.16 new text begin Eligibility for funding from the commissioner will be maintained if all requirements of new text end 142.17 new text begin sections 145A.03 and 145A.04 are met. new text end 142.18 new text begin (e) Community health boards established prior to January 1, 2014, including city new text end 142.19 new text begin community health boards, are eligible to maintain their status as community health boards new text end 142.20 new text begin as outlined in this subdivision. new text end 142.21 new text begin (f) A community health board may authorize, by resolution, the community new text end 142.22 new text begin health service administrator or other designated agent or agents to act on behalf of the new text end 142.23 new text begin community health board. new text end 142.24    Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read: 142.25    Subd. 2. Joint powers new text begin community health new text end board of health. Except as preempted 142.26under section 145A.10, subdivision 2, A county may establish a joint new text begin community health new text end 142.27board of health by agreement with one or more contiguous counties, or a new text begin an existing new text end city 142.28 new text begin community health board new text end may establish a joint new text begin community health new text end board of health with one 142.29or more contiguous cities in the same county, or a city may establish a joint board of health 142.30with the new text begin existing city community health boards in the same new text end county or counties within new text begin in new text end 142.31 which it is located. The agreements must be established according to section 471.59. 142.32    Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read: 142.33    Subd. 4. Membership; duties of chair. A new text begin community health new text end board of health must 142.34have at least five members, one of whom must be elected by the members as chair and one 143.1as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings 143.2of the new text begin community health new text end board of health and sign or authorize an agent to sign contracts and 143.3other documents requiring signature on behalf of the new text begin community health new text end board of health. 143.4    Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read: 143.5    Subd. 5. Meetings. A new text begin community health new text end board of health must hold meetings at least 143.6twice a year and as determined by its rules of procedure. The board must adopt written 143.7procedures for transacting business and must keep a public record of its transactions, 143.8findings, and determinations. Members may receive a per diem plus travel and other 143.9eligible expenses while engaged in official duties. 143.10    Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a 143.11subdivision to read: 143.12     new text begin Subd. 7. new text end new text begin Community health board; eligibility for funding. new text end new text begin A community health new text end 143.13 new text begin board that meets the requirements of this section is eligible to receive the local public new text end 143.14 new text begin health grant under section 145A.131 and for other funds that the commissioner grants to new text end 143.15 new text begin community health boards to carry out public health activities. new text end 143.16    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter 143.1743, section 21, is amended to read: 143.18145A.04 POWERS AND DUTIES OF new text begin COMMUNITY HEALTH new text end BOARD OF 143.19HEALTH. 143.20    Subdivision 1. Jurisdiction; enforcement. new text begin (a) new text end A county or multicounty new text begin community new text end 143.21 new text begin health new text end board of health has the powers and duties of a board of health for all territory within 143.22its jurisdiction not under the jurisdiction of a city board of health. Under the general 143.23supervision of the commissioner, the board shall enforce laws, regulations, and ordinances 143.24pertaining to the powers and duties of a board of health within its jurisdictional area 143.25 new text begin general responsibility for development and maintenance of a system of community health new text end 143.26 new text begin services under local administration and within a system of state guidelines and standards new text end . 143.27 new text begin (b) Under the general supervision of the commissioner, the community health board new text end 143.28 new text begin shall recommend the enforcement of laws, regulations, and ordinances pertaining to the new text end 143.29 new text begin powers and duties within its jurisdictional area. In the case of a multicounty or city new text end 143.30 new text begin community health board, the joint powers agreement under section 145A.03, subdivision new text end 143.31 new text begin 2, or delegation agreement under section 145A.07 shall clearly specify enforcement new text end 143.32 new text begin authorities. new text end 144.1 new text begin (c) A member of a community health board may not withdraw from a joint powers new text end 144.2 new text begin community health board during the first two calendar years following the effective new text end 144.3 new text begin date of the initial joint powers agreement. The withdrawing member must notify the new text end 144.4 new text begin commissioner and the other parties to the agreement at least one year before the beginning new text end 144.5 new text begin of the calendar year in which withdrawal takes effect. new text end 144.6 new text begin (d) The withdrawal of a county or city from a community health board does not new text end 144.7 new text begin affect the eligibility for the local public health grant of any remaining county or city for new text end 144.8 new text begin one calendar year following the effective date of withdrawal. new text end 144.9 new text begin (e) The local public health grant for a county or city that chooses to withdraw from new text end 144.10 new text begin a multicounty community health board shall be reduced by the amount of the local new text end 144.11 new text begin partnership incentive. new text end 144.12     new text begin Subd. 1a. new text end new text begin Duties. new text end new text begin Consistent with the guidelines and standards established under new text end 144.13 new text begin section 145A.06, the community health board shall: new text end 144.14 new text begin (1) identify local public health priorities and implement activities to address the new text end 144.15 new text begin priorities and the areas of public health responsibility, which include: new text end 144.16 new text begin (i) assuring an adequate local public health infrastructure by maintaining the basic new text end 144.17 new text begin foundational capacities to a well-functioning public health system that includes data new text end 144.18 new text begin analysis and utilization; health planning; partnership development and community new text end 144.19 new text begin mobilization; policy development, analysis, and decision support; communication; and new text end 144.20 new text begin public health research, evaluation, and quality improvement; new text end 144.21 new text begin (ii) promoting healthy communities and healthy behavior through activities new text end 144.22 new text begin that improve health in a population, such as investing in healthy families; engaging new text end 144.23 new text begin communities to change policies, systems, or environments to promote positive health or new text end 144.24 new text begin prevent adverse health; providing information and education about healthy communities new text end 144.25 new text begin or population health status; and addressing issues of health equity, health disparities, and new text end 144.26 new text begin the social determinants to health; new text end 144.27 new text begin (iii) preventing the spread of communicable disease by preventing diseases that are new text end 144.28 new text begin caused by infectious agents through detecting acute infectious diseases, ensuring the new text end 144.29 new text begin reporting of infectious diseases, preventing the transmission of infectious diseases, and new text end 144.30 new text begin implementing control measures during infectious disease outbreaks; new text end 144.31 new text begin (iv) protecting against environmental health hazards by addressing aspects of the new text end 144.32 new text begin environment that pose risks to human health, such as monitoring air and water quality; new text end 144.33 new text begin developing policies and programs to reduce exposure to environmental health risks and new text end 144.34 new text begin promote healthy environments; and identifying and mitigating environmental risks such as new text end 144.35 new text begin food and waterborne diseases, radiation, occupational health hazards, and public health new text end 144.36 new text begin nuisances; new text end 145.1 new text begin (v) preparing and responding to emergencies by engaging in activities that prepare new text end 145.2 new text begin public health departments to respond to events and incidents and assist communities in new text end 145.3 new text begin recovery, such as providing leadership for public health preparedness activities with new text end 145.4 new text begin a community; developing, exercising, and periodically reviewing response plans for new text end 145.5 new text begin public health threats; and developing and maintaining a system of public health workforce new text end 145.6 new text begin readiness, deployment, and response; and new text end 145.7 new text begin (vi) assuring health services by engaging in activities such as assessing the new text end 145.8 new text begin availability of health-related services and health care providers in local communities, new text end 145.9 new text begin identifying gaps and barriers in services; convening community partners to improve new text end 145.10 new text begin community health systems; and providing services identified as priorities by the local new text end 145.11 new text begin assessment and planning process; and new text end 145.12 new text begin (2) submit to the commissioner of health, at least every five years, a community new text end 145.13 new text begin health assessment and community health improvement plan, which shall be developed new text end 145.14 new text begin with input from the community and take into consideration the statewide outcomes, the new text end 145.15 new text begin areas of responsibility, and essential public health services; new text end 145.16 new text begin (3) implement a performance management process in order to achieve desired new text end 145.17 new text begin outcomes; and new text end 145.18 new text begin (4) annually report to the commissioner on a set of performance measures and be new text end 145.19 new text begin prepared to provide documentation of ability to meet the performance measures. new text end 145.20    Subd. 2. Appointment of agent new text begin community health service (CHS) administrator new text end . 145.21A new text begin community health new text end board of health must appoint, employ, or contract with a person or 145.22persons new text begin CHS administrator new text end to act on its behalf. The board shall notify the commissioner 145.23of the agent's name, address, and phone number where the agent may be reached between 145.24board meetings new text begin CHS administrator's contact information new text end and submit a copy of the 145.25resolution authorizing the agent new text begin CHS administrator new text end to act new text begin as an agent new text end on the board's behalf. 145.26 new text begin The resolution must specify the types of action or actions that the CHS administrator is new text end 145.27 new text begin authorized to take on behalf of the board. new text end 145.28     new text begin Subd. 2a. new text end new text begin Appointment of medical consultant. new text end new text begin The community health board shall new text end 145.29 new text begin appoint, employ, or contract with a medical consultant to ensure appropriate medical new text end 145.30 new text begin advice and direction for the community health board and assist the board and its staff in new text end 145.31 new text begin the coordination of community health services with local medical care and other health new text end 145.32 new text begin services. new text end 145.33    Subd. 3. Employment; medical consultant new text begin employees new text end . (a) A new text begin community health new text end 145.34board of health may establish a health department or other administrative agency and may 145.35employ persons as necessary to carry out its duties. 146.1(b) Except where prohibited by law, employees of the new text begin community health new text end board 146.2of health may act as its agents. 146.3(c) Employees of the board of health are subject to any personnel administration 146.4rules adopted by a city council or county board forming the board of health unless the 146.5employees of the board are within the scope of a statewide personnel administration 146.6system. new text begin Persons employed by a county, city, or the state whose functions and duties are new text end 146.7 new text begin assumed by a community health board shall become employees of the board without new text end 146.8 new text begin loss in benefits, salaries, or rights. new text end 146.9(d) The board of health may appoint, employ, or contract with a medical consultant 146.10to receive appropriate medical advice and direction. 146.11    Subd. 4. Acquisition of property; request for and acceptance of funds; 146.12collection of fees. (a) A new text begin community health new text end board of health may acquire and hold in the 146.13name of the county or city the lands, buildings, and equipment necessary for the purposes 146.14of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts, 146.15purchase, lease, or transfer of custodial control. 146.16(b) A new text begin community health new text end board of health may accept gifts, grants, and subsidies from 146.17any lawful source, apply for and accept state and federal funds, and request and accept 146.18local tax funds. 146.19(c) A new text begin community health new text end board of health may establish and collect reasonable fees 146.20for performing its duties and providing community health services. 146.21(d) With the exception of licensing and inspection activities, access to community 146.22health services provided by or on contract with the new text begin community health new text end board of health must 146.23not be denied to an individual or family because of inability to pay. 146.24    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid 146.25unnecessary duplication, and gain cost advantages, a new text begin community health new text end board of health 146.26 may contract to provide, receive, or ensure provision of services. 146.27    Subd. 6. Investigation; reporting and control of communicable diseases. A 146.28 new text begin community health new text end board of health shall make new text begin investigations, or coordinate with any new text end 146.29 new text begin county board or city council within its jurisdiction to make new text end investigations and reports and 146.30obey instructions on the control of communicable diseases as the commissioner may 146.31direct under section 144.12, 145A.06, subdivision 2, or 145A.07. new text begin Community health new text end 146.32boards of healthmust cooperate so far as practicable to act together to prevent and control 146.33epidemic diseases. 146.34    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A new text begin community new text end 146.35 new text begin health new text end board of health receiving funding for emergency preparedness or pandemic 146.36influenza planning from the state or from the United States Department of Health and 147.1Human Services shall participate in planning for emergency use of volunteer health 147.2professionals through the Minnesota Responds Medical Reserve Corps program of the 147.3Department of Health. A new text begin community health new text end board of health shall collaborate on volunteer 147.4planning with other public and private partners, including but not limited to local or 147.5regional health care providers, emergency medical services, hospitals, tribal governments, 147.6state and local emergency management, and local disaster relief organizations. 147.7    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A 147.8 new text begin community health new text end board of health new text begin , county, or city new text end participating in the Minnesota Responds 147.9Medical Reserve Corps program may enter into written mutual aid agreements for 147.10deployment of its paid employees and its Minnesota Responds Medical Reserve Corps 147.11volunteers with other new text begin community health new text end boards of health, other political subdivisions 147.12within the state, or with tribal governments within the state. A new text begin community health new text end board 147.13of health may also enter into agreements with the Indian Health Services of the United 147.14States Department of Health and Human Services, and with boards of health, political 147.15subdivisions, and tribal governments in bordering states and Canadian provinces. 147.16    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When 147.17a new text begin community health new text end board of health new text begin , county, or city new text end finds that the prevention, mitigation, 147.18response to, or recovery from an actual or threatened public health event or emergency 147.19exceeds its local capacity, it shall use available mutual aid agreements. If the event or 147.20emergency exceeds mutual aid capacities, a new text begin community health new text end board of health new text begin , county, or new text end 147.21 new text begin city new text end may request the commissioner of health to mobilize Minnesota Responds Medical 147.22Reserve Corps volunteers from outside the jurisdiction of the new text begin community health new text end board 147.23of health new text begin , county, or city new text end . 147.24    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage. 147.25A Minnesota Responds Medical Reserve Corps volunteer responding to a request for 147.26training or assistance at the call of a new text begin community health new text end board of health new text begin , county, or city new text end 147.27 must be deemed an employee of the jurisdiction for purposes of workers' compensation, 147.28tort claim defense, and indemnification. 147.29    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a 147.30member or agent of a new text begin community health new text end board of health new text begin , county, or city new text end may enter a 147.31building, conveyance, or place where contagion, infection, filth, or other source or cause 147.32of preventable disease exists or is reasonably suspected. 147.33    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the 147.34public health such as a public health nuisance, source of filth, or cause of sickness is found 147.35on any property, the new text begin community health new text end board of health new text begin , county, city, new text end or its agent shall order 147.36the owner or occupant of the property to remove or abate the threat within a time specified 148.1in the notice but not longer than ten days. Action to recover costs of enforcement under 148.2this subdivision must be taken as prescribed in section 145A.08. 148.3(b) Notice for abatement or removal must be served on the owner, occupant, or agent 148.4of the property in one of the following ways: 148.5(1) by registered or certified mail; 148.6(2) by an officer authorized to serve a warrant; or 148.7(3) by a person aged 18 years or older who is not reasonably believed to be a party to 148.8any action arising from the notice. 148.9(c) If the owner of the property is unknown or absent and has no known representative 148.10upon whom notice can be served, the new text begin community health new text end board of health new text begin , county, or city, new text end 148.11 or its agent new text begin , new text end shall post a written or printed notice on the property stating that, unless the 148.12threat to the public health is abated or removed within a period not longer than ten days, 148.13the new text begin community health new text end board new text begin , county, or city new text end will have the threat abated or removed at the 148.14expense of the owner under section 145A.08 or other applicable state or local law. 148.15(d) If the owner, occupant, or agent fails or neglects to comply with the requirement 148.16of the notice provided under paragraphs (b) and (c), then the new text begin community health new text end board of 148.17health new text begin , county, city, new text end or its new text begin a designated new text end agent new text begin of the board, county, or city new text end shall remove or 148.18abate the nuisance, source of filth, or cause of sickness described in the notice from the 148.19property. 148.20    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the 148.21 new text begin community health new text end board of health new text begin , county, or city new text end may bring an action in the court of 148.22appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board 148.23has power to enforce, or to enjoin as a public health nuisance any activity or failure to 148.24act that adversely affects the public health. 148.25    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor 148.26deliberately to new text begin deliberately new text end hinder a member of a new text begin community health new text end board of health new text begin , new text end 148.27 new text begin county or city, new text end or its agent from entering a building, conveyance, or place where contagion, 148.28infection, filth, or other source or cause of preventable disease exists or is reasonably 148.29suspected, or otherwise to interfere with the performance of the duties of the board of 148.30health new text begin responsible jurisdiction new text end . 148.31    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for 148.32a member or agent of a new text begin community health new text end board of health new text begin , county, or city new text end to refuse or 148.33neglect to perform a duty imposed on a board of health new text begin an applicable jurisdiction new text end by 148.34statute or ordinance. 149.1    Subd. 12. Other powers and duties established by law. This section does not limit 149.2powers and duties of a new text begin community health new text end board of health new text begin , county, or city new text end prescribed in 149.3other sections. 149.4     new text begin Subd. 13. new text end new text begin Recommended legislation. new text end new text begin The community health board may recommend new text end 149.5 new text begin local ordinances pertaining to community health services to any county board or city new text end 149.6 new text begin council within its jurisdiction and advise the commissioner on matters relating to public new text end 149.7 new text begin health that require assistance from the state, or that may be of more than local interest. new text end 149.8     new text begin Subd. 14. new text end new text begin Equal access to services. new text end new text begin The community health board must ensure that new text end 149.9 new text begin community health services are accessible to all persons on the basis of need. No one shall new text end 149.10 new text begin be denied services because of race, color, sex, age, language, religion, nationality, inability new text end 149.11 new text begin to pay, political persuasion, or place of residence. new text end 149.12     new text begin Subd. 15. new text end new text begin State and local advisory committees. new text end new text begin (a) A state community new text end 149.13 new text begin health services advisory committee is established to advise, consult with, and make new text end 149.14 new text begin recommendations to the commissioner on the development, maintenance, funding, and new text end 149.15 new text begin evaluation of local public health services. Each community health board may appoint a new text end 149.16 new text begin member to serve on the committee. The committee must meet at least quarterly, and new text end 149.17 new text begin special meetings may be called by the committee chair or a majority of the members. new text end 149.18 new text begin Members or their alternates may be reimbursed for travel and other necessary expenses new text end 149.19 new text begin while engaged in their official duties. new text end 149.20 new text begin (b) Notwithstanding section 15.059, the State Community Health Services Advisory new text end 149.21 new text begin Committee does not expire. new text end 149.22 new text begin (c) The city boards or county boards that have established or are members of a new text end 149.23 new text begin community health board may appoint a community health advisory to advise, consult new text end 149.24 new text begin with, and make recommendations to the community health board on the duties under new text end 149.25 new text begin subdivision 1a. new text end 149.26    Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read: 149.27    Subd. 2. Animal control. In addition to powers under sections 35.67 to 35.69, a 149.28county board new text begin , city council, or municipality new text end may adopt ordinances to issue licenses or 149.29otherwise regulate the keeping of animals, to restrain animals from running at large, to 149.30authorize the impounding and sale or summary destruction of animals, and to establish 149.31pounds. 149.32    Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read: 149.33    Subd. 2. Supervision of local enforcement. (a) In the absence of provision for a 149.34 new text begin community health new text end board of health, the commissioner may appoint three or more persons 150.1to act as a board until one is established. The commissioner may fix their compensation, 150.2which the county or city must pay. 150.3(b) The commissioner by written order may require any two or more new text begin community new text end 150.4 new text begin health new text end boards of health new text begin , counties, or cities new text end to act together to prevent or control epidemic 150.5diseases. 150.6(c) If a new text begin community health new text end board new text begin , county, or city new text end fails to comply with section 145A.04, 150.7subdivision 6 , the commissioner may employ medical and other help necessary to control 150.8communicable disease at the expense of the board of health new text begin jurisdiction new text end involved. 150.9(d) If the commissioner has reason to believe that the provisions of this chapter have 150.10been violated, the commissioner shall inform the attorney general and submit information 150.11to support the belief. The attorney general shall institute proceedings to enforce the 150.12provisions of this chapter or shall direct the county attorney to institute proceedings. 150.13    Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a 150.14subdivision to read: 150.15     new text begin Subd. 3a. new text end new text begin Assistance to community health boards. new text end new text begin The commissioner shall help new text end 150.16 new text begin and advise community health boards that ask for assistance in developing, administering, new text end 150.17 new text begin and carrying out public health services and programs. This assistance may consist of, new text end 150.18 new text begin but is not limited to: new text end 150.19 new text begin (1) informational resources, consultation, and training to assist community health new text end 150.20 new text begin boards plan, develop, integrate, provide, and evaluate community health services; and new text end 150.21 new text begin (2) administrative and program guidelines and standards developed with the advice new text end 150.22 new text begin of the State Community Health Services Advisory Committee. new text end 150.23    Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a 150.24subdivision to read: 150.25     new text begin Subd. 3b. new text end new text begin Personnel standards. new text end new text begin In accordance with chapter 14, and in consultation new text end 150.26 new text begin with the State Community Health Services Advisory Committee, the commissioner new text end 150.27 new text begin may adopt rules to set standards for administrative and program personnel to ensure new text end 150.28 new text begin competence in administration and planning. new text end 150.29    Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read: 150.30    Subd. 5. Deadly infectious diseases. The commissioner shall promote measures 150.31aimed at preventing businesses from facilitating sexual practices that transmit deadly 150.32infectious diseases by providing technical advice to new text begin community health new text end boards of health 151.1 to assist them in regulating these practices or closing establishments that constitute 151.2a public health nuisance. 151.3    Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a 151.4subdivision to read: 151.5     new text begin Subd. 5a. new text end new text begin System-level performance management. new text end new text begin To improve public health new text end 151.6 new text begin and ensure the integrity and accountability of the statewide local public health system, new text end 151.7 new text begin the commissioner, in consultation with the State Community Health Services Advisory new text end 151.8 new text begin Committee, shall develop performance measures and implement a process to monitor new text end 151.9 new text begin statewide outcomes and performance improvement. new text end 151.10    Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read: 151.11    Subd. 6. Health volunteer program. (a) The commissioner may accept grants from 151.12the United States Department of Health and Human Services for the emergency system 151.13for the advanced registration of volunteer health professionals (ESAR-VHP) established 151.14under United States Code, title 42, section 247d-7b. The ESAR-VHP program as 151.15implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps. 151.16(b) The commissioner may maintain a registry of volunteers for the Minnesota 151.17Responds Medical Reserve Corps and obtain data on volunteers relevant to possible 151.18deployments within and outside the state. All state licensing and certifying boards 151.19shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify 151.20volunteers' information. The commissioner may also obtain information from other states 151.21and national licensing or certifying boards for health practitioners. 151.22(c) The commissioner may share volunteers' data, including any data classified 151.23as private data, from the Minnesota Responds Medical Reserve Corps registry with 151.24 new text begin community health new text end boards of health, new text begin cities or counties, new text end the University of Minnesota's 151.25Academic Health Center or other public or private emergency preparedness partners, or 151.26tribal governments operating Minnesota Responds Medical Reserve Corps units as needed 151.27for credentialing, organizing, training, and deploying volunteers. Upon request of another 151.28state participating in the ESAR-VHP or of a Canadian government administering a similar 151.29health volunteer program, the commissioner may also share the volunteers' data as needed 151.30for emergency preparedness and response. 151.31    Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is 151.32amended to read: 152.1    Subd. 7. Commissioner requests for health volunteers. (a) When the 152.2commissioner receives a request for health volunteers from: 152.3(1) a local board of health new text begin community health board, county, or city new text end according to 152.4section 145A.04, subdivision 6c; 152.5(2) the University of Minnesota Academic Health Center; 152.6(3) another state or a territory through the Interstate Emergency Management 152.7Assistance Compact authorized under section 192.89; 152.8(4) the federal government through ESAR-VHP or another similar program; or 152.9(5) a tribal or Canadian government; 152.10the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 152.11Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 152.12the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 152.13respond to the request. The commissioner may also ask for Minnesota Responds Medical 152.14Reserve Corps volunteers if the commissioner finds that the state needs health volunteers. 152.15(b) The commissioner may request Minnesota Responds Medical Reserve Corps 152.16volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 152.17or temporary units providing emergency patient stabilization, medical transport, or 152.18ambulatory care. The commissioner may utilize the volunteers for training, mobilization 152.19or demobilization, inspection, maintenance, repair, or other support functions for the 152.20MMU facility or for other emergency units, as well as for provision of health care services. 152.21(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 152.22Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 152.23compensation provided by the volunteer's employer during volunteer service requested by 152.24the commissioner. An employer is not liable for actions of an employee while serving as a 152.25Minnesota Responds Medical Reserve Corps volunteer. 152.26(d) If the commissioner matches the request under paragraph (a) with Minnesota 152.27Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 152.28of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 152.29the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 152.30sending and receiving jurisdictions in monitoring deployments, and shall coordinate 152.31efforts with the division of homeland security and emergency management for out-of-state 152.32deployments through the Interstate Emergency Management Assistance Compact or 152.33other emergency management compacts. 152.34(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 152.35Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 152.36apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 153.1across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 153.2the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 153.3as of their initial deployment in response to the event or emergency that triggered a 153.4subsequent commissioner's call. 153.5(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 153.6request for training or assistance at the call of the commissioner must be deemed an 153.7employee of the state for purposes of workers' compensation and tort claim defense and 153.8indemnification under section 3.736, without regard to whether the volunteer's activity is 153.9under the direction and control of the commissioner, the division of homeland security 153.10and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 153.11hospital, alternate care site, or other health care provider treating patients from the public 153.12health event or emergency. 153.13(2) For purposes of calculating workers' compensation benefits under chapter 176, 153.14the daily wage must be the usual wage paid at the time of injury or death for similar services 153.15performed by paid employees in the community where the volunteer regularly resides, or 153.16the wage paid to the volunteer in the volunteer's regular employment, whichever is greater. 153.17(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 153.18reimbursement for travel and subsistence expenses during a deployment approved by the 153.19commissioner under this subdivision according to reimbursement limits established for 153.20paid state employees. Deployment begins when the volunteer leaves on the deployment 153.21until the volunteer returns from the deployment, including all travel related to the 153.22deployment. The Department of Health shall initially review and pay those expenses to 153.23the volunteer. Except as otherwise provided by the Interstate Emergency Management 153.24Assistance Compact in section 192.89 or agreements made thereunder, the department 153.25shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 153.26department for expenses of the volunteers. 153.27(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 153.28deployed outside the state pursuant to the Interstate Emergency Management Assistance 153.29Compact, the provisions of the Interstate Emergency Management Assistance Compact 153.30must control over any inconsistent provisions in this section. 153.31(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 153.32for workers' compensation arising out of a deployment under this section or out of a 153.33training exercise conducted by the commissioner, the volunteer's workers compensation 153.34benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 153.35volunteer may also qualify under other clauses of section 176.011, subdivision 9. 154.1    Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read: 154.2    Subdivision 1. Agreements to perform duties of commissioner. (a) The 154.3commissioner of health may enter into an agreement with any new text begin community health new text end board 154.4of health new text begin or county or city that has an established delegation agreement as of January 1, new text end 154.5 new text begin 2014, new text end to delegate all or part of the licensing, inspection, reporting, and enforcement duties 154.6authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to 154.7144.74 ; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction, 154.8repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28. 154.9(b) Agreements are subject to subdivision 3. 154.10(c) This subdivision does not affect agreements entered into under Minnesota 154.11Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2. 154.12    Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read: 154.13    Subd. 2. Agreements to perform duties of new text begin community health new text end board of health. 154.14A new text begin community health new text end board of health may authorize a township board, city council, or 154.15county board within its jurisdiction to establish a board of health under section 145A.03 154.16 and delegate to the board of health by agreement any powers or duties under sections 154.17, 145A.07, subdivision 2, and new text begin carry out activities to fulfill community new text end 154.18 new text begin health board responsibilities new text end . An agreement to delegate new text begin community health board new text end powers 154.19and duties of a board of health new text begin to a county or city new text end must be approved by the commissioner 154.20and is subject to subdivision 3. 154.21    Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read: 154.22145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED. 154.23    Subdivision 1. Cost of care. A person who has or whose dependent or spouse has a 154.24communicable disease that is subject to control by the new text begin community health new text end board of health is 154.25financially liable to the unit or agency of government that paid for the reasonable cost of 154.26care provided to control the disease under section 145A.04, subdivision 6. 154.27    Subd. 2. Assessment of costs of enforcement. (a) If costs are assessed for 154.28enforcement of section 145A.04, subdivision 8, and no procedure for the assessment 154.29of costs has been specified in an agreement established under section 145A.07, the 154.30enforcement costs must be assessed as prescribed in this subdivision. 154.31(b) A debt or claim against an individual owner or single piece of real property 154.32resulting from an enforcement action authorized by section 145A.04, subdivision 8, must 154.33not exceed the cost of abatement or removal. 155.1(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be 155.2assessed and charged against the real property on which the public health nuisance, source 155.3of filth, or cause of sickness was located. The auditor of the county in which the action is 155.4taken shall extend the cost so assessed and charged on the tax roll of the county against the 155.5real property on which the enforcement action was taken. 155.6(d) The cost of an enforcement action taken by a town or city board of health under 155.7section 145A.04, subdivision 8, may be recovered from the county in which the town or 155.8city is located if the city clerk or other officer certifies the costs of the enforcement action 155.9to the county auditor as prescribed in this section. Taxes equal to the full amount of the 155.10enforcement action but not exceeding the limit in paragraph (b) must be collected by the 155.11county treasurer and paid to the city or town as other taxes are collected and paid. 155.12    Subd. 3. Tax levy authorized. A city council or county board that has formed or is 155.13a member of a new text begin community health new text end board of health may levy taxes on all taxable property in 155.14its jurisdiction to pay the cost of performing its duties under this chapter. 155.15    Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read: 155.16    Subd. 2. Levying taxes. In levying taxes authorized under section 145A.08, 155.17subdivision 3 , a city council or county board that has formed or is a member of a 155.18community health board must consider the income and expenditures required to meet 155.19local public health priorities established under section 145A.10, subdivision 5a new text begin 145A.04, new text end 155.20 new text begin subdivision 1a, clause (2) new text end , and statewide outcomes established under section 145A.12, 155.21subdivision 7 new text begin 145A.04, subdivision 1a, clause (1) new text end . 155.22    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read: 155.23145A.131 LOCAL PUBLIC HEALTH GRANT. 155.24    Subdivision 1. Funding formula for community health boards. (a) Base funding 155.25for each community health board eligible for a local public health grant under section 155.26145A.09, subdivision 2 new text begin 145A.03, subdivision 7 new text end , shall be determined by each community 155.27health board's fiscal year 2003 allocations, prior to unallotment, for the following grant 155.28programs: community health services subsidy; state and federal maternal and child health 155.29special projects grants; family home visiting grants; TANF MN ENABL grants; TANF 155.30youth risk behavior grants; and available women, infants, and children grant funds in fiscal 155.31year 2003, prior to unallotment, distributed based on the proportion of WIC participants 155.32served in fiscal year 2003 within the CHS service area. 155.33(b) Base funding for a community health board eligible for a local public health grant 155.34under section 145A.09, subdivision 2 new text begin 145A.03, subdivision 7 new text end , as determined in paragraph 156.1(a), shall be adjusted by the percentage difference between the base, as calculated in 156.2paragraph (a), and the funding available for the local public health grant. 156.3(c) Multicounty new text begin or multicity new text end community health boards shall receive a local 156.4partnership base of up to $5,000 per year for each county new text begin or city in the case of a multicity new text end 156.5 new text begin community health board new text end included in the community health board. 156.6(d) The State Community Health Advisory Committee may recommend a formula to 156.7the commissioner to use in distributing state and federal funds to community health boards 156.8organized and operating under sections new text begin 145A.03 new text end to 145A.131 to achieve locally 156.9identified priorities under section 145A.12, subdivision 7, by July 1, 2004 new text begin 145A.04, new text end 156.10 new text begin subdivision 1a new text end , for use in distributing funds to community health boards beginning 156.11January 1, 2006, and thereafter. 156.12    Subd. 2. Local match. (a) A community health board that receives a local public 156.13health grant shall provide at least a 75 percent match for the state funds received through 156.14the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d). 156.15(b) Eligible funds must be used to meet match requirements. Eligible funds include 156.16funds from local property taxes, reimbursements from third parties, fees, other local funds, 156.17and donations or nonfederal grants that are used for community health services described 156.18in section 145A.02, subdivision 6. 156.19(c) When the amount of local matching funds for a community health board is less 156.20than the amount required under paragraph (a), the local public health grant provided for 156.21that community health board under this section shall be reduced proportionally. 156.22(d) A city organized under the provision of sections new text begin 145A.03 new text end to 145A.131 156.23that levies a tax for provision of community health services is exempt from any county 156.24levy for the same services to the extent of the levy imposed by the city. 156.25    Subd. 3. Accountability. (a) Community health boards accepting local public health 156.26grants must document progress toward the statewide outcomes established in section 156.27145A.12, subdivision 7, to maintain eligibility to receive the local public health grant. 156.28 new text begin meet all of the requirements and perform all of the duties described in sections 145A.03 new text end 156.29 new text begin and 145A.04, to maintain eligibility to receive the local public health grant. new text end 156.30(b) In determining whether or not the community health board is documenting 156.31progress toward statewide outcomes, the commissioner shall consider the following factors: 156.32(1) whether the community health board has documented progress to meeting 156.33essential local activities related to the statewide outcomes, as specified in the grant 156.34agreement; 156.35(2) the effort put forth by the community health board toward the selected statewide 156.36outcomes; 157.1(3) whether the community health board has previously failed to document progress 157.2toward selected statewide outcomes under this section; 157.3(4) the amount of funding received by the community health board to address the 157.4statewide outcomes; and 157.5(5) other factors as the commissioner may require, if the commissioner specifically 157.6identifies the additional factors in the commissioner's written notice of determination. 157.7(c) If the commissioner determines that a community health board has not by 157.8the applicable deadline documented progress toward the selected statewide outcomes 157.9established under section or 145A.12, subdivision 7, the commissioner shall 157.10notify the community health board in writing and recommend specific actions that the 157.11community health board should take over the following 12 months to maintain eligibility 157.12for the local public health grant. 157.13(d) During the 12 months following the written notification, the commissioner shall 157.14provide administrative and program support to assist the community health board in 157.15taking the actions recommended in the written notification. 157.16(e) If the community health board has not taken the specific actions recommended by 157.17the commissioner within 12 months following written notification, the commissioner may 157.18determine not to distribute funds to the community health board under section 145A.12, 157.19subdivision 2 , for the next fiscal year. 157.20(f) If the commissioner determines not to distribute funds for the next fiscal year, the 157.21commissioner must give the community health board written notice of this determination 157.22and allow the community health board to appeal the determination in writing. 157.23(g) If the commissioner determines not to distribute funds for the next fiscal year 157.24to a community health board that has not documented progress toward the statewide 157.25outcomes and not taken the actions recommended by the commissioner, the commissioner 157.26may retain local public health grant funds that the community health board would have 157.27otherwise received and directly carry out essential local activities to meet the statewide 157.28outcomes, or contract with other units of government or community-based organizations 157.29to carry out essential local activities related to the statewide outcomes. 157.30(h) If the community health board that does not document progress toward the 157.31statewide outcomes is a city, the commissioner shall distribute the local public health 157.32funds that would have been allocated to that city to the county in which the city is located, 157.33if that county is part of a community health board. 157.34(i) The commissioner shall establish a reporting system by which community health 157.35boards will document their progress toward statewide outcomes. This system will be 158.1developed in consultation with the State Community Health Services Advisory Committee 158.2established in section 145A.10, subdivision 10, paragraph (a). 158.3 new text begin (b) By January 1 of each year, the commissioner shall notify community health new text end 158.4 new text begin boards of the performance-related accountability requirements of the local public health new text end 158.5 new text begin grant for that calendar year. Performance-related accountability requirements will be new text end 158.6 new text begin comprised of a subset of the annual performance measures and will be selected in new text end 158.7 new text begin consultation with the State Community Health Services Advisory Committee. new text end 158.8 new text begin (c) If the commissioner determines that a community health board has not met the new text end 158.9 new text begin accountability requirements, the commissioner shall notify the community health board in new text end 158.10 new text begin writing and recommend specific actions the community health board must take over the new text end 158.11 new text begin next six months in order to maintain eligibility for the Local Public Health Act grant. new text end 158.12 new text begin (d) Following the written notification in paragraph (c), the commissioner shall new text end 158.13 new text begin provide administrative and program support to assist the community health board as new text end 158.14 new text begin required in section 145A.06, subdivision 3a. new text end 158.15 new text begin (e) The commissioner shall provide the community health board two months new text end 158.16 new text begin following the written notification to appeal the determination in writing. new text end 158.17 new text begin (f) If the community health board has not submitted an appeal within two months new text end 158.18 new text begin or has not taken the specific actions recommended by the commissioner within six new text end 158.19 new text begin months following written notification, the commissioner may elect to not reimburse new text end 158.20 new text begin invoices for funds submitted after the six-month compliance period and shall reduce by new text end 158.21 new text begin 1/12 the community health board's annual award allocation for every successive month new text end 158.22 new text begin of noncompliance. new text end 158.23 new text begin (g) The commissioner may retain the amount of funding that would have been new text end 158.24 new text begin allocated to the community health board and assume responsibility for public health new text end 158.25 new text begin activities in the geographic area served by the community health board. new text end 158.26    Subd. 4. Responsibility of commissioner to ensure a statewide public health 158.27system. If a county withdraws from a community health board and operates as a board of 158.28health or If a community health board elects not to accept the local public health grant, 158.29the commissioner may retain the amount of funding that would have been allocated to 158.30the community health board using the formula described in subdivision 1 and assume 158.31responsibility for public health activities to meet the statewide outcomes in the geographic 158.32area served by the board of health or community health board. The commissioner may 158.33elect to directly provide public health activities to meet the statewide outcomes or contract 158.34with other units of government or with community-based organizations. If a city that is 158.35currently a community health board withdraws from a community health board or elects 158.36not to accept the local public health grant, the local public health grant funds that would 159.1have been allocated to that city shall be distributed to the county in which the city is 159.2located, if the county is part of a community health board. 159.3    Subd. 5. Local public health priorities new text begin Use of funds new text end . Community health boards 159.4may use their local public health grant to address local public health priorities identified 159.5under section 145A.10, subdivision 5a. new text begin funds to address the areas of public health new text end 159.6 new text begin responsibility and local priorities developed through the community health assessment and new text end 159.7 new text begin community health improvement planning process. new text end 159.8    Sec. 28. new text begin REVISOR'S INSTRUCTION. new text end 159.9 new text begin (a) The revisor shall change the terms "board of health" or "local board of health" or new text end 159.10 new text begin any derivative of those terms to "community health board" where it appears in Minnesota new text end 159.11 new text begin Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph new text end 159.12 new text begin (a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, new text end 159.13 new text begin subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255, new text end 159.14 new text begin subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision new text end 159.15 new text begin 6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471, new text end 159.16 new text begin subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14; new text end 159.17 new text begin 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c). new text end 159.18 new text begin (b) The revisor shall change the cross-reference from "145A.02, subdivision 2" new text end 159.19 new text begin to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805, new text end 159.20 new text begin subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68; new text end 159.21 new text begin 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055, new text end 159.22 new text begin subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351; new text end 159.23 new text begin 144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2; new text end 159.24 new text begin 144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201, new text end 159.25 new text begin subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c). new text end 159.26    Sec. 29. new text begin REPEALER. new text end 159.27 new text begin Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions new text end 159.28 new text begin 3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4, new text end 159.29 new text begin 5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, new text end new text begin are repealed. The revisor shall new text end 159.30 new text begin remove cross-references to these repealed sections and make changes necessary to correct new text end 159.31 new text begin punctuation, grammar, or structure of the remaining text. new text end 160.1ARTICLE 8 160.2CONTINUING CARE 160.3    Section 1. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1, 160.4is amended to read: 160.5    Subdivision 1. Requirements for intensive support services. new text begin Except for services new text end 160.6 new text begin identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), new text end a license 160.7holder providing intensive support services identified in section 245D.03, subdivision 1, 160.8paragraph (c), must comply with the requirements in this section and section 245D.07, 160.9subdivisions 1 and 3. new text begin Services identified in section 245D.03, subdivision 1, paragraph (c), new text end 160.10 new text begin clauses (1) and (2), must comply with the requirements in section 245D.07, subdivision 2. new text end 160.11    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, is 160.12amended to read: 160.13    Subd. 4. Service outcomes and supports. (a) Within ten working days of the 160.1445-day meeting, the license holder must develop and document the service outcomes and 160.15supports based on the assessments completed under subdivision 3 and the requirements 160.16in section 245D.07, subdivision 1a. The outcomes and supports must be included in the 160.17coordinated service and support plan addendum. 160.18(b) The license holder must document the supports and methods to be implemented 160.19to support the accomplishment of outcomes related to acquiring, retaining, or improving 160.20skills. The documentation must include: 160.21(1) the methods or actions that will be used to support the person and to accomplish 160.22the service outcomes, including information about: 160.23(i) any changes or modifications to the physical and social environments necessary 160.24when the service supports are provided; 160.25(ii) any equipment and materials required; and 160.26(iii) techniques that are consistent with the person's communication mode and 160.27learning style; 160.28(2) the measurable and observable criteria for identifying when the desired outcome 160.29has been achieved and how data will be collected; 160.30(3) the projected starting date for implementing the supports and methods and 160.31the date by which progress towards accomplishing the outcomes will be reviewed and 160.32evaluated; and 160.33(4) the names of the staff or position responsible for implementing the supports 160.34and methods. 161.1(c) Within 20 working days of the 45-day meeting, the license holder must new text begin submit new text end 161.2 new text begin to and new text end obtain dated signatures from the person or the person's legal representative and 161.3case manager to document completion and approval of the assessment and coordinated 161.4service and support plan addendum. new text begin If, within ten working days of the submission of the new text end 161.5 new text begin assessment or coordinated service and support plan addendum, the person or the person's new text end 161.6 new text begin legal representative or case manager has not signed and returned to the license holder the new text end 161.7 new text begin assessment and coordinated service and support plan addendum or has not proposed new text end 161.8 new text begin written modifications to the license holder's submission, the submission is deemed new text end 161.9 new text begin approved and the assessment and coordinated service and support plan addendum become new text end 161.10 new text begin effective and remain in effect until the legal representative or case manager submits a new text end 161.11 new text begin written request to revise the assessment or coordinated service and support plan addendum. new text end 161.12    Sec. 3. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is 161.13amended to read: 161.14    Subd. 4. Orientation to program requirements. Except for a license holder 161.15who does not supervise any direct support staff, within 60 new text begin calendar new text end days of hire, unless 161.16stated otherwise, the license holder must provide and ensure completion of new text begin ten hours of new text end 161.17 new text begin orientation for direct support staff providing basic services and new text end 30 hours of orientation 161.18for direct support staff new text begin providing intensive services new text end that combines supervised on-the-job 161.19training with review of and instruction in the following areas: 161.20(1) the job description and how to complete specific job functions, including: 161.21(i) responding to and reporting incidents as required under section 245D.06, 161.22subdivision 1; and 161.23(ii) following safety practices established by the license holder and as required in 161.24section 245D.06, subdivision 2; 161.25(2) the license holder's current policies and procedures required under this chapter, 161.26including their location and access, and staff responsibilities related to implementation 161.27of those policies and procedures; 161.28(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the 161.29federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 161.30responsibilities related to complying with data privacy practices; 161.31(4) the service recipient rights and staff responsibilities related to ensuring the 161.32exercise and protection of those rights according to the requirements in section 245D.04; 161.33(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment 161.34reporting and service planning for children and vulnerable adults, and staff responsibilities 161.35related to protecting persons from maltreatment and reporting maltreatment. This 162.1orientation must be provided within 72 hours of first providing direct contact services and 162.2annually thereafter according to section 245A.65, subdivision 3; 162.3(6) the principles of person-centered service planning and delivery as identified in 162.4section 245D.07, subdivision 1a, and how they apply to direct support service provided 162.5by the staff person; and 162.6(7) new text begin the safe and correct use of manual restraint on an emergency basis according to new text end 162.7 new text begin the requirements in section 245D.061 and what constitutes the use of restraints, time out, new text end 162.8 new text begin and seclusion, including chemical restraint; new text end 162.9 new text begin (8) staff responsibilities related to prohibited procedures under section 245D.06, new text end 162.10 new text begin subdivision 5, why such procedures are not effective for reducing or eliminating symptoms new text end 162.11 new text begin or undesired behavior, and why such procedures are not safe; new text end 162.12 new text begin (9) basic first aid; and new text end 162.13 new text begin (10) new text end other topics as determined necessary in the person's coordinated service and 162.14support plan by the case manager or other areas identified by the license holder. 162.15    Sec. 4. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, is 162.16amended to read: 162.17    Subd. 4a. Orientation to individual service recipient needs. (a) Before having 162.18unsupervised direct contact with a person served by the program, or for whom the staff 162.19person has not previously provided direct support, or any time the plans or procedures 162.20identified in paragraphs (b) to (f) new text begin (e) new text end are revised, the staff person must review and receive 162.21instruction on the requirements in paragraphs (b) to (f) new text begin (e) new text end as they relate to the staff 162.22person's job functions for that person. 162.23(b) new text begin For community residential services, new text end training and competency evaluations must 162.24include the following new text begin , if identified in the coordinated service and support plan new text end : 162.25(1) appropriate and safe techniques in personal hygiene and grooming, including 162.26hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of 162.27daily living (ADLs) as defined under section 256B.0659, subdivision 1; 162.28(2) an understanding of what constitutes a healthy diet according to data from the 162.29Centers for Disease Control and Prevention and the skills necessary to prepare that diet; new text begin and new text end 162.30(3) skills necessary to provide appropriate support in instrumental activities of daily 162.31living (IADLs) as defined under section 256B.0659, subdivision 1; and 162.32(4) demonstrated competence in providing first aid. 162.33(c) The staff person must review and receive instruction on the person's coordinated 162.34service and support plan or coordinated service and support plan addendum as it relates 162.35to the responsibilities assigned to the license holder, and when applicable, the person's 163.1individual abuse prevention plan, to achieve and demonstrate an understanding of the 163.2person as a unique individual, and how to implement those plans. 163.3(d) The staff person must review and receive instruction on medication 163.4administration procedures established for the person when medication administration is 163.5assigned to the license holder according to section 245D.05, subdivision 1, paragraph 163.6(b). Unlicensed staff may administer medications only after successful completion of a 163.7medication administration training, from a training curriculum developed by a registered 163.8nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse 163.9practitioner, physician's assistant, or physician. The training curriculum must incorporate 163.10an observed skill assessment conducted by the trainer to ensure staff demonstrate the 163.11ability to safely and correctly follow medication procedures. 163.12Medication administration must be taught by a registered nurse, clinical nurse 163.13specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of 163.14service initiation or any time thereafter, the person has or develops a health care condition 163.15that affects the service options available to the person because the condition requires: 163.16(1) specialized or intensive medical or nursing supervision; and 163.17(2) nonmedical service providers to adapt their services to accommodate the health 163.18and safety needs of the person. 163.19(e) The staff person must review and receive instruction on the safe and correct 163.20operation of medical equipment used by the person to sustain life new text begin or to monitor a medical new text end 163.21 new text begin condition that could become life-threatening without proper use of the medical equipment new text end , 163.22including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training 163.23must be provided by a licensed health care professional or a manufacturer's representative 163.24and incorporate an observed skill assessment to ensure staff demonstrate the ability to 163.25safely and correctly operate the equipment according to the treatment orders and the 163.26manufacturer's instructions. 163.27(f) The staff person must review and receive instruction on what constitutes use of 163.28restraints, time out, and seclusion, including chemical restraint, and staff responsibilities 163.29related to the prohibitions of their use according to the requirements in section , 163.30subdivision 5, why such procedures are not effective for reducing or eliminating symptoms 163.31or undesired behavior and why they are not safe, and the safe and correct use of manual 163.32restraint on an emergency basis according to the requirements in section . 163.33(g) In the event of an emergency service initiation, the license holder must ensure 163.34the training required in this subdivision occurs within 72 hours of the direct support staff 163.35person first having unsupervised contact with the person receiving services. The license 164.1holder must document the reason for the unplanned or emergency service initiation and 164.2maintain the documentation in the person's service recipient record. 164.3(h) new text begin (g) new text end License holders who provide direct support services themselves must 164.4complete the orientation required in subdivision 4, clauses (3) to (7) new text begin (10) new text end . 164.5    Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is 164.6amended to read: 164.7    Subd. 5. Annual training. A license holder must provide annual training to direct 164.8support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision 164.94a new text begin (10) new text end . A license holder must provide a minimum of 24 hours of annual training to 164.10direct service staff with new text begin providing intensive services and having new text end fewer than five years 164.11of documented experience and 12 hours of annual training to direct service staff with 164.12 new text begin providing intensive services and having new text end five or more years of documented experience in 164.13topics described in subdivisions 4 and 4a, paragraphs (a) to (h) new text begin (g) new text end . Training on relevant 164.14topics received from sources other than the license holder may count toward training 164.15requirements. new text begin A license holder must provide a minimum of 12 hours of annual training new text end 164.16 new text begin to direct service staff providing basic services and having fewer than five years of new text end 164.17 new text begin documented experience and six hours of annual training to direct service staff providing new text end 164.18 new text begin basic services and having five or more years of documented experience. new text end 164.19    Sec. 6. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read: 164.20    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant 164.21must meet the following requirements: 164.22    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years 164.23of age with these additional requirements: 164.24    (i) supervision by a qualified professional every 60 days; and 164.25    (ii) employment by only one personal care assistance provider agency responsible 164.26for compliance with current labor laws; 164.27    (2) be employed by a personal care assistance provider agency; 164.28    (3) enroll with the department as a personal care assistant after clearing a background 164.29study. Except as provided in subdivision 11a, before a personal care assistant provides 164.30services, the personal care assistance provider agency must initiate a background study on 164.31the personal care assistant under chapter 245C, and the personal care assistance provider 164.32agency must have received a notice from the commissioner that the personal care assistant 164.33is: 164.34    (i) not disqualified under section 245C.14; or 165.1    (ii) is disqualified, but the personal care assistant has received a set aside of the 165.2disqualification under section 245C.22; 165.3    (4) be able to effectively communicate with the recipient and personal care 165.4assistance provider agency; 165.5    (5) be able to provide covered personal care assistance services according to the 165.6recipient's personal care assistance care plan, respond appropriately to recipient needs, 165.7and report changes in the recipient's condition to the supervising qualified professional 165.8or physician; 165.9    (6) not be a consumer of personal care assistance services; 165.10    (7) maintain daily written records including, but not limited to, time sheets under 165.11subdivision 12; 165.12    (8) effective January 1, 2010, complete standardized training as determined 165.13by the commissioner before completing enrollment. The training must be available 165.14in languages other than English and to those who need accommodations due to 165.15disabilities. Personal care assistant training must include successful completion of the 165.16following training components: basic first aid, vulnerable adult, child maltreatment, 165.17OSHA universal precautions, basic roles and responsibilities of personal care assistants 165.18including information about assistance with lifting and transfers for recipients, emergency 165.19preparedness, orientation to positive behavioral practices, fraud issues, and completion of 165.20time sheets. Upon completion of the training components, the personal care assistant must 165.21demonstrate the competency to provide assistance to recipients; 165.22    (9) complete training and orientation on the needs of the recipient; and 165.23    (10) be limited to providing and being paid for up to 275 hours per month of personal 165.24care assistance services regardless of the number of recipients being served or the number 165.25of personal care assistance provider agencies enrolled with. The number of hours worked 165.26per day shall not be disallowed by the department unless in violation of the law. 165.27    (b) A legal guardian may be a personal care assistant if the guardian is not being paid 165.28for the guardian services and meets the criteria for personal care assistants in paragraph (a). 165.29    (c) Persons who do not qualify as a personal care assistant include parents, 165.30stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family 165.31foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; 165.32and staff of a residential setting. When the personal care assistant is a relative of the 165.33recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is 165.34effective July 1, 2013. For purposes of this section, relative means the parent or adoptive 165.35parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or 165.36a grandchild. 166.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 166.2    Sec. 7. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read: 166.3    Subd. 28. Personal care assistance provider agency; required documentation. 166.4(a) Required documentation must be completed and kept in the personal care assistance 166.5provider agency file or the recipient's home residence. The required documentation 166.6consists of: 166.7(1) employee files, including: 166.8(i) applications for employment; 166.9(ii) background study requests and results; 166.10(iii) orientation records about the agency policies; 166.11(iv) trainings completed with demonstration of competence; 166.12(v) supervisory visits; 166.13(vi) evaluations of employment; and 166.14(vii) signature on fraud statement; 166.15(2) recipient files, including: 166.16(i) demographics; 166.17(ii) emergency contact information and emergency backup plan; 166.18(iii) personal care assistance service plan; 166.19(iv) personal care assistance care plan; 166.20(v) month-to-month service use plan; 166.21(vi) all communication records; 166.22(vii) start of service information, including the written agreement with recipient; and 166.23(viii) date the home care bill of rights was given to the recipient; 166.24(3) agency policy manual, including: 166.25(i) policies for employment and termination; 166.26(ii) grievance policies with resolution of consumer grievances; 166.27(iii) staff and consumer safety; 166.28(iv) staff misconduct; and 166.29(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 166.30resolution of consumer grievances; 166.31(4) time sheets for each personal care assistant along with completed activity sheets 166.32for each recipient served; new text begin and new text end 166.33(5) agency marketing and advertising materials and documentation of marketing 166.34activities and costs; and new text begin . new text end 167.1(6) for each personal care assistant, whether or not the personal care assistant is 167.2providing care to a relative as defined in subdivision 11. 167.3(b) The commissioner may assess a fine of up to $500 on provider agencies that do 167.4not consistently comply with the requirements of this subdivision. 167.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 167.6    Sec. 8. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1, 167.7is amended to read: 167.8    Subdivision 1. Essential community supports. (a) The purpose of the essential 167.9community supports program is to provide targeted services to persons age 65 and older 167.10who need essential community support, but whose needs do not meet the level of care 167.11required for nursing facility placement under section 144.0724, subdivision 11. 167.12(b) Essential community supports are available not to exceed $400 per person per 167.13month. Essential community supports may be used as authorized within an authorization 167.14period not to exceed 12 months. Services must be available to a person who: 167.15(1) is age 65 or older; 167.16(2) is not eligible for medical assistance; 167.17(3) has received a community assessment under section 256B.0911, subdivision 3a 167.18or 3b, and does not require the level of care provided in a nursing facility; 167.19(4) meets the financial eligibility criteria for the alternative care program under 167.20section 256B.0913, subdivision 4; 167.21(5) has a community support plan; and 167.22(6) has been determined by a community assessment under section 256B.0911, 167.23subdivision 3a or 3b, to be a person who would require provision of at least one of the 167.24following services, as defined in the approved elderly waiver plan, in order to maintain 167.25their community residence: 167.26(i) new text begin adult day services; new text end 167.27 new text begin (ii) new text end caregiver support; 167.28(ii) new text begin (iii) new text end homemaker support; 167.29(iii) new text begin (iv) new text end chores; 167.30(iv) new text begin (v) new text end a personal emergency response device or system; 167.31(v) new text begin (vi) new text end home-delivered meals; or 167.32(vi) new text begin (vii) new text end community living assistance as defined by the commissioner. 167.33(c) The person receiving any of the essential community supports in this subdivision 167.34must also receive service coordination, not to exceed $600 in a 12-month authorization 167.35period, as part of their community support plan. 168.1(d) A person who has been determined to be eligible for essential community 168.2supports must be reassessed at least annually and continue to meet the criteria in paragraph 168.3(b) to remain eligible for essential community supports. 168.4(e) The commissioner is authorized to use federal matching funds for essential 168.5community supports as necessary and to meet demand for essential community supports 168.6as outlined in subdivision 2, and that amount of federal funds is appropriated to the 168.7commissioner for this purpose. 168.8    Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10, 168.9is amended to read: 168.10    Subd. 10. Enrollment requirements. All new text begin (a) Except as provided in paragraph (b), new text end 168.11 new text begin the following new text end home and community-based waiver providers must provide, at the time of 168.12enrollment and within 30 days of a request, in a format determined by the commissioner, 168.13information and documentation that includes, but is not limited to, the following: 168.14(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the 168.15provider's payments from Medicaid in the previous calendar year, whichever is greater; 168.16(2) proof of fidelity bond coverage in the amount of $20,000; and 168.17(3) proof of liability insurance. new text begin : new text end 168.18 new text begin (1) waiver services providers required to meet the provider standards in chapter 245D; new text end 168.19 new text begin (2) foster care providers whose services are funded by the elderly waiver or new text end 168.20 new text begin alternative care program; new text end 168.21 new text begin (3) fiscal support entities; new text end 168.22 new text begin (4) adult day care providers; new text end 168.23 new text begin (5) providers of customized living services; and new text end 168.24 new text begin (6) residential care providers. new text end 168.25 new text begin (b) Providers of foster care services covered by section 245.814 are exempt from new text end 168.26 new text begin this subdivision. new text end 168.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 168.28    Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read: 168.29256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE 168.30WITH DISABILITIES. 168.31(a) Individuals receiving services under a home and community-based waiver under 168.32section 256B.092 or 256B.49 may receive services in the following settings: 168.33(1) an individual's own home or family home; 169.1(2) a licensed adult foster care or child foster care setting of up to five people new text begin or new text end 169.2 new text begin community residential setting of up to five people new text end ; and 169.3(3) community living settings as defined in section 256B.49, subdivision 23, where 169.4individuals with disabilities may reside in all of the units in a building of four or fewer 169.5units, and no more than the greater of four or 25 percent of the units in a multifamily 169.6building of more than four units, unless required by the Housing Opportunities for Persons 169.7with AIDS Program. 169.8(b) The settings in paragraph (a) must not: 169.9(1) be located in a building that is a publicly or privately operated facility that 169.10provides institutional treatment or custodial care; 169.11(2) be located in a building on the grounds of or adjacent to a public or private 169.12institution; 169.13(3) be a housing complex designed expressly around an individual's diagnosis or 169.14disability, unless required by the Housing Opportunities for Persons with AIDS Program; 169.15(4) be segregated based on a disability, either physically or because of setting 169.16characteristics, from the larger community; and 169.17(5) have the qualities of an institution which include, but are not limited to: 169.18regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions 169.19agreed to and documented in the person's individual service plan shall not result in a 169.20residence having the qualities of an institution as long as the restrictions for the person are 169.21not imposed upon others in the same residence and are the least restrictive alternative, 169.22imposed for the shortest possible time to meet the person's needs. 169.23(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which 169.24individuals receive services under a home and community-based waiver as of July 1, 169.252012, and the setting does not meet the criteria of this section. 169.26(d) Notwithstanding paragraph (c), a program in Hennepin County established as 169.27part of a Hennepin County demonstration project is qualified for the exception allowed 169.28under paragraph (c). 169.29(e) The commissioner shall submit an amendment to the waiver plan no later than 169.30December 31, 2012. 169.31    Sec. 11. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read: 169.32    Subdivision 1. Commissioner's duties; report. The commissioner of human 169.33services shall solicit proposals for the conversion of services provided for persons with 169.34disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, new text begin or new text end 170.1 new text begin community residential settings licensed under chapter 245D, new text end to other types of community 170.2settings in conjunction with the closure of identified licensed adult foster care settings. 170.3    Sec. 12. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read: 170.4    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt 170.5rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use 170.6of the emergency program under MFIP as the primary financial resource when available. 170.7The commissioner shall adopt rules for eligibility for general assistance of persons with 170.8seasonal income and may attribute seasonal income to other periods not in excess of one 170.9year from receipt by an applicant or recipient. General assistance payments may not be 170.10made for foster care, new text begin community residential settings licensed under chapter 245D, new text end child 170.11welfare services, or other social services. Vendor payments and vouchers may be issued 170.12only as authorized in sections 256D.05, subdivision 6, and 256D.09. 170.13    Sec. 13. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is 170.14amended to read: 170.15    Subd. 5. Special needs. In addition to the state standards of assistance established in 170.16subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 170.17Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 170.18center, or a group residential housing facility. 170.19    (a) The county agency shall pay a monthly allowance for medically prescribed 170.20diets if the cost of those additional dietary needs cannot be met through some other 170.21maintenance benefit. The need for special diets or dietary items must be prescribed by 170.22a licensed physician. Costs for special diets shall be determined as percentages of the 170.23allotment for a one-person household under the thrifty food plan as defined by the United 170.24States Department of Agriculture. The types of diets and the percentages of the thrifty 170.25food plan that are covered are as follows: 170.26    (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan; 170.27    (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 170.28of thrifty food plan; 170.29    (3) controlled protein diet, less than 40 grams and requires special products, 125 170.30percent of thrifty food plan; 170.31    (4) low cholesterol diet, 25 percent of thrifty food plan; 170.32    (5) high residue diet, 20 percent of thrifty food plan; 170.33    (6) pregnancy and lactation diet, 35 percent of thrifty food plan; 170.34    (7) gluten-free diet, 25 percent of thrifty food plan; 171.1    (8) lactose-free diet, 25 percent of thrifty food plan; 171.2    (9) antidumping diet, 15 percent of thrifty food plan; 171.3    (10) hypoglycemic diet, 15 percent of thrifty food plan; or 171.4    (11) ketogenic diet, 25 percent of thrifty food plan. 171.5    (b) Payment for nonrecurring special needs must be allowed for necessary home 171.6repairs or necessary repairs or replacement of household furniture and appliances using 171.7the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 171.8as long as other funding sources are not available. 171.9    (c) A fee for guardian or conservator service is allowed at a reasonable rate 171.10negotiated by the county or approved by the court. This rate shall not exceed five percent 171.11of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 171.12guardian or conservator is a member of the county agency staff, no fee is allowed. 171.13    (d) The county agency shall continue to pay a monthly allowance of $68 for 171.14restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 171.151990, and who eats two or more meals in a restaurant daily. The allowance must continue 171.16until the person has not received Minnesota supplemental aid for one full calendar month 171.17or until the person's living arrangement changes and the person no longer meets the criteria 171.18for the restaurant meal allowance, whichever occurs first. 171.19    (e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 171.20is allowed for representative payee services provided by an agency that meets the 171.21requirements under SSI regulations to charge a fee for representative payee services. This 171.22special need is available to all recipients of Minnesota supplemental aid regardless of 171.23their living arrangement. 171.24    (f)(1) Notwithstanding the language in this subdivision, an amount equal to the 171.25maximum allotment authorized by the federal Food Stamp Program for a single individual 171.26which is in effect on the first day of July of each year will be added to the standards of 171.27assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify 171.28as shelter needy and are: (i) relocating from an institution, or an adult mental health 171.29residential treatment program under section 256B.0622; (ii) eligible for the self-directed 171.30supports option as defined under section 256B.0657, subdivision 2; or (iii) home and 171.31community-based waiver recipients living in their own home or rented or leased apartment 171.32which is not owned, operated, or controlled by a provider of service not related by blood 171.33or marriage, unless allowed under paragraph (g). 171.34    (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 171.35shelter needy benefit under this paragraph is considered a household of one. An eligible 172.1individual who receives this benefit prior to age 65 may continue to receive the benefit 172.2after the age of 65. 172.3    (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 172.4exceed 40 percent of the assistance unit's gross income before the application of this 172.5special needs standard. "Gross income" for the purposes of this section is the applicant's or 172.6recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 172.7in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 172.8state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 172.9considered shelter needy for purposes of this paragraph. 172.10(g) Notwithstanding this subdivision, to access housing and services as provided 172.11in paragraph (f), the recipient may choose housing that may be owned, operated, or 172.12controlled by the recipient's service provider. In a multifamily building of more than four 172.13units, the maximum number of units that may be used by recipients of this program shall 172.14be the greater of four units or 25 percent of the units in the building, unless required by the 172.15Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four 172.16or fewer units, all of the units may be used by recipients of this program. When housing is 172.17controlled by the service provider, the individual may choose the individual's own service 172.18provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is 172.19controlled by the service provider, the service provider shall implement a plan with the 172.20recipient to transition the lease to the recipient's name. Within two years of signing the 172.21initial lease, the service provider shall transfer the lease entered into under this subdivision 172.22to the recipient. In the event the landlord denies this transfer, the commissioner may 172.23approve an exception within sufficient time to ensure the continued occupancy by the 172.24recipient. This paragraph expires June 30, 2016. 172.25    Sec. 14. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read: 172.26    Subd. 6. Excluded time. "Excluded time" means: 172.27(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter 172.28other than an emergency shelter, halfway house, foster home, new text begin community residential new text end 172.29 new text begin setting licensed under chapter 245D, new text end semi-independent living domicile or services 172.30program, residential facility offering care, board and lodging facility or other institution 172.31for the hospitalization or care of human beings, as defined in section 144.50, 144A.01, 172.32or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional 172.33facility; or any facility based on an emergency hold under sections 253B.05, subdivisions 172.341 and 2, and 253B.07, subdivision 6; 173.1(2) any period an applicant spends on a placement basis in a training and habilitation 173.2program, including: a rehabilitation facility or work or employment program as defined 173.3in section 268A.01; semi-independent living services provided under section 252.275, 173.4and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation 173.5programs and assisted living services; and 173.6(3) any placement for a person with an indeterminate commitment, including 173.7independent living. 173.8    Sec. 15. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read: 173.9    Subd. 3. Group residential housing. "Group residential housing" means a group 173.10living situation that provides at a minimum room and board to unrelated persons who 173.11meet the eligibility requirements of section 256I.04. This definition includes foster care 173.12settings new text begin or community residential settings new text end for a single adult. To receive payment for a 173.13group residence rate, the residence must meet the requirements under section 256I.04, 173.14subdivision 2a . 173.15    Sec. 16. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read: 173.16    Subd. 2a. License required. A county agency may not enter into an agreement with 173.17an establishment to provide group residential housing unless: 173.18(1) the establishment is licensed by the Department of Health as a hotel and 173.19restaurant; a board and lodging establishment; a residential care home; a boarding care 173.20home before March 1, 1985; or a supervised living facility, and the service provider 173.21for residents of the facility is licensed under chapter 245A. However, an establishment 173.22licensed by the Department of Health to provide lodging need not also be licensed to 173.23provide board if meals are being supplied to residents under a contract with a food vendor 173.24who is licensed by the Department of Health; 173.25(2) the residence is: (i) licensed by the commissioner of human services under 173.26Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 173.27agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 173.28to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 173.29parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; new text begin or new text end 173.30 new text begin (iv) licensed under section 245D.02, subdivision 4a, as a community residential setting new text end 173.31 new text begin by the commissioner of human services; new text end 173.32(3) the establishment is registered under chapter 144D and provides three meals a 173.33day, or is an establishment voluntarily registered under section 144D.025 as a supportive 173.34housing establishment; or 174.1(4) an establishment voluntarily registered under section 144D.025, other than 174.2a supportive housing establishment under clause (3), is not eligible to provide group 174.3residential housing. 174.4The requirements under clauses (1) to (4) do not apply to establishments exempt 174.5from state licensure because they are located on Indian reservations and subject to tribal 174.6health and safety requirements. 174.7    Sec. 17. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is 174.8amended to read: 174.9    Subd. 9. Common entry point designation. (a) new text begin Each county board shall designate a new text end 174.10 new text begin common entry point for reports of suspected maltreatment, for use until the commissioner new text end 174.11 new text begin of human services establishes a common entry point. Two or more county boards may new text end 174.12 new text begin jointly designate a single common entry point. new text end The commissioner of human services shall 174.13establish a common entry point effective July 1, 2014 new text begin 2015 new text end . The common entry point is 174.14the unit responsible for receiving the report of suspected maltreatment under this section. 174.15(b) The common entry point must be available 24 hours per day to take calls from 174.16reporters of suspected maltreatment. The common entry point shall use a standard intake 174.17form that includes: 174.18(1) the time and date of the report; 174.19(2) the name, address, and telephone number of the person reporting; 174.20(3) the time, date, and location of the incident; 174.21(4) the names of the persons involved, including but not limited to, perpetrators, 174.22alleged victims, and witnesses; 174.23(5) whether there was a risk of imminent danger to the alleged victim; 174.24(6) a description of the suspected maltreatment; 174.25(7) the disability, if any, of the alleged victim; 174.26(8) the relationship of the alleged perpetrator to the alleged victim; 174.27(9) whether a facility was involved and, if so, which agency licenses the facility; 174.28(10) any action taken by the common entry point; 174.29(11) whether law enforcement has been notified; 174.30(12) whether the reporter wishes to receive notification of the initial and final 174.31reports; and 174.32(13) if the report is from a facility with an internal reporting procedure, the name, 174.33mailing address, and telephone number of the person who initiated the report internally. 174.34(c) The common entry point is not required to complete each item on the form prior 174.35to dispatching the report to the appropriate lead investigative agency. 175.1(d) The common entry point shall immediately report to a law enforcement agency 175.2any incident in which there is reason to believe a crime has been committed. 175.3(e) If a report is initially made to a law enforcement agency or a lead investigative 175.4agency, those agencies shall take the report on the appropriate common entry point intake 175.5forms and immediately forward a copy to the common entry point. 175.6(f) The common entry point staff must receive training on how to screen and 175.7dispatch reports efficiently and in accordance with this section. 175.8(g) The commissioner of human services shall maintain a centralized database 175.9for the collection of common entry point data, lead investigative agency data including 175.10maltreatment report disposition, and appeals data. The common entry point shall 175.11have access to the centralized database and must log the reports into the database and 175.12immediately identify and locate prior reports of abuse, neglect, or exploitation. 175.13(h) When appropriate, the common entry point staff must refer calls that do not 175.14allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations 175.15that might resolve the reporter's concerns. 175.16(i) A common entry point must be operated in a manner that enables the 175.17commissioner of human services to: 175.18(1) track critical steps in the reporting, evaluation, referral, response, disposition, 175.19and investigative process to ensure compliance with all requirements for all reports; 175.20(2) maintain data to facilitate the production of aggregate statistical reports for 175.21monitoring patterns of abuse, neglect, or exploitation; 175.22(3) serve as a resource for the evaluation, management, and planning of preventative 175.23and remedial services for vulnerable adults who have been subject to abuse, neglect, 175.24or exploitation; 175.25(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 175.26of the common entry point; and 175.27(5) track and manage consumer complaints related to the common entry point. 175.28(j) The commissioners of human services and health shall collaborate on the 175.29creation of a system for referring reports to the lead investigative agencies. This system 175.30shall enable the commissioner of human services to track critical steps in the reporting, 175.31evaluation, referral, response, disposition, investigation, notification, determination, and 175.32appeal processes. 175.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 175.34    Sec. 18. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective 175.35date, is amended to read: 176.1EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or 176.2older, and October 1, 2019, for children age 16 to before the child's 21st birthday. 176.3    Sec. 19. Laws 2013, chapter 108, article 7, section 60, is amended to read: 176.4    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL 176.51, 2014. 176.6(a) The commissioner of human services shall increase reimbursement rates, grants, 176.7allocations, individual limits, and rate limits, as applicable, by one percent for the rate 176.8period beginning April 1, 2014, for services rendered on or after those dates. County or 176.9tribal contracts for services specified in this section must be amended to pass through 176.10these rate increases within 60 days of the effective date. 176.11(b) The rate changes described in this section must be provided to: 176.12(1) home and community-based waivered services for persons with developmental 176.13disabilities or related conditions, including consumer-directed community supports, under 176.14Minnesota Statutes, section 256B.501; 176.15(2) waivered services under community alternatives for disabled individuals, 176.16including consumer-directed community supports, under Minnesota Statutes, section 176.17256B.49 ; 176.18(3) community alternative care waivered services, including consumer-directed 176.19community supports, under Minnesota Statutes, section 256B.49; 176.20(4) brain injury waivered services, including consumer-directed community 176.21supports, under Minnesota Statutes, section 256B.49; 176.22(5) home and community-based waivered services for the elderly under Minnesota 176.23Statutes, section 256B.0915; 176.24(6) nursing services and home health services under Minnesota Statutes, section 176.25256B.0625, subdivision 6a ; 176.26(7) personal care services and qualified professional supervision of personal care 176.27services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a; 176.28(8) private duty nursing services under Minnesota Statutes, section 256B.0625, 176.29subdivision 7 ; 176.30(9) day training and habilitation services for adults with developmental disabilities 176.31or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 176.32additional cost of rate adjustments on day training and habilitation services, provided as a 176.33social service, formerly funded under Minnesota Statutes 2010, chapter 256M; 176.34(10) alternative care services under Minnesota Statutes, section 256B.0913 new text begin , and new text end 176.35 new text begin essential community supports under Minnesota Statutes, section 256B.0922 new text end ; 177.1(11) living skills training programs for persons with intractable epilepsy who need 177.2assistance in the transition to independent living under Laws 1988, chapter 689; 177.3(12) semi-independent living services (SILS) under Minnesota Statutes, section 177.4252.275 , including SILS funding under county social services grants formerly funded 177.5under Minnesota Statutes, chapter 256M; 177.6(13) consumer support grants under Minnesota Statutes, section 256.476; 177.7(14) family support grants under Minnesota Statutes, section 252.32; 177.8(15) housing access grants under Minnesota Statutes, sections 256B.0658 and 177.9256B.0917, subdivision 14 ; 177.10(16) self-advocacy grants under Laws 2009, chapter 101; 177.11(17) technology grants under Laws 2009, chapter 79; 177.12(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 177.13and 256B.0928; and 177.14(19) community support services for deaf and hard-of-hearing adults with mental 177.15illness who use or wish to use sign language as their primary means of communication 177.16under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 177.17grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; 177.18and Laws 1997, First Special Session chapter 5, section 20. 177.19(c) A managed care plan receiving state payments for the services in this section 177.20must include these increases in their payments to providers. To implement the rate increase 177.21in this section, capitation rates paid by the commissioner to managed care organizations 177.22under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the 177.23specified services for the period beginning April 1, 2014. 177.24(d) Counties shall increase the budget for each recipient of consumer-directed 177.25community supports by the amounts in paragraph (a) on the effective dates in paragraph (a). 177.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from April 1, 2014. new text end 177.27    Sec. 20. new text begin AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN new text end 177.28 new text begin IMPLEMENTATION. new text end 177.29 new text begin The autism spectrum disorder statewide strategic plan developed by the Minnesota new text end 177.30 new text begin Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively new text end 177.31 new text begin by the commissioners of education, employment and economic development, health, and new text end 177.32 new text begin human services. Within existing funding, the commissioners shall: new text end 177.33 new text begin (1) work across state agencies and with key stakeholders to implement the strategic new text end 177.34 new text begin plan; new text end 178.1 new text begin (2) prepare progress reports on the implementation of the plan twice per year and new text end 178.2 new text begin make the progress reports available to the public; and new text end 178.3 new text begin (3) provide two opportunities per year for interested parties, including, but not new text end 178.4 new text begin limited to, individuals with autism, family members of individuals with autism spectrum new text end 178.5 new text begin disorder, underserved and diverse communities impacted by autism spectrum disorder, new text end 178.6 new text begin medical professionals, health plans, service providers, and schools, to provide input on new text end 178.7 new text begin the implementation of the strategic plan. new text end 178.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 178.9ARTICLE 9 178.10HEALTH CARE 178.11    Section 1. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9, 178.12is amended to read: 178.13    Subd. 9. Dental services. (a) Medical assistance covers dental services. 178.14(b) Medical assistance dental coverage for nonpregnant adults is limited to the 178.15following services: 178.16(1) comprehensive exams, limited to once every five years; 178.17(2) periodic exams, limited to one per year; 178.18(3) limited exams; 178.19(4) bitewing x-rays, limited to one per year; 178.20(5) periapical x-rays; 178.21(6) panoramic x-rays, limited to one every five years except (1) when medically 178.22necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma 178.23or (2) once every two years for patients who cannot cooperate for intraoral film due to 178.24a developmental disability or medical condition that does not allow for intraoral film 178.25placement; 178.26(7) prophylaxis, limited to one per year; 178.27(8) application of fluoride varnish, limited to one per year; 178.28(9) posterior fillings, all at the amalgam rate; 178.29(10) anterior fillings; 178.30(11) endodontics, limited to root canals on the anterior and premolars only; 178.31(12) removable prostheses, each dental arch limited to one every six years; 178.32(13) oral surgery, limited to extractions, biopsies, and incision and drainage of 178.33abscesses; 178.34(14) palliative treatment and sedative fillings for relief of pain; and 178.35(15) full-mouth debridement, limited to one every five years. 179.1(c) In addition to the services specified in paragraph (b), medical assistance 179.2covers the following services for adults, if provided in an outpatient hospital setting or 179.3freestanding ambulatory surgical center as part of outpatient dental surgery: 179.4(1) periodontics, limited to periodontal scaling and root planing once every two years; 179.5(2) general anesthesia; and 179.6(3) full-mouth survey once every five years. 179.7(d) Medical assistance covers medically necessary dental services for children and 179.8pregnant women. The following guidelines apply: 179.9(1) posterior fillings are paid at the amalgam rate; 179.10(2) application of sealants are covered once every five years per permanent molar for 179.11children only; 179.12(3) application of fluoride varnish is covered once every six months; and 179.13(4) orthodontia is eligible for coverage for children only. 179.14(e) In addition to the services specified in paragraphs (b) and (c), medical assistance 179.15covers the following services for adults: 179.16(1) house calls or extended care facility calls for on-site delivery of covered services; 179.17(2) behavioral management when additional staff time is required to accommodate 179.18behavioral challenges and sedation is not used; 179.19(3) oral or IV sedation, if the covered dental service cannot be performed safely 179.20without it or would otherwise require the service to be performed under general anesthesia 179.21in a hospital or surgical center; and 179.22(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but 179.23no more than four times per year. 179.24 new text begin (f) The commissioner shall not require prior authorization for the services included new text end 179.25 new text begin in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based new text end 179.26 new text begin purchasing plans from requiring prior authorization for the services included in paragraph new text end 179.27 new text begin (e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12. new text end 179.28    Sec. 2. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read: 179.29    Subdivision 1. Definitions. (a) "Complex private duty new text begin home care new text end nursing care" 179.30means new text begin home care new text end nursing services provided to recipients who are ventilator dependent or 179.31for whom a physician has certified that the recipient would meet the criteria for inpatient 179.32hospital intensive care unit (ICU) level of care new text begin meet the criteria for regular home care new text end 179.33 new text begin nursing and require life-sustaining interventions to reduce the risk of long-term injury new text end 179.34 new text begin or death new text end . 180.1(b) "Private duty new text begin Home care new text end nursing" means ongoing professional new text begin physician-ordered new text end 180.2 new text begin hourly new text end nursing services by a registered or licensed practical nurse including assessment, 180.3professional nursing tasks, and education, based on an assessment and physician orders 180.4to maintain or restore optimal health of the recipient. new text begin performed by a registered nurse or new text end 180.5 new text begin licensed practical nurse within the scope of practice as defined by the Minnesota Nurse new text end 180.6 new text begin Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's new text end 180.7 new text begin health. new text end 180.8(c) "Private duty new text begin Home care new text end nursing agency" means a medical assistance enrolled 180.9provider licensed under chapter 144A to provide private duty new text begin home care new text end nursing services. 180.10(d) "Regular private duty new text begin home care new text end nursing" means nursing services provided to 180.11a recipient who is considered stable and not at an inpatient hospital intensive care unit 180.12level of care, but may have episodes of instability that are not life threatening new text begin home care new text end 180.13 new text begin nursing provided because: new text end 180.14 new text begin (1) the recipient requires more individual and continuous care than can be provided new text end 180.15 new text begin during a skilled nurse visit; or new text end 180.16 new text begin (2) the cares are outside of the scope of services that can be provided by a home new text end 180.17 new text begin health aide or personal care assistant new text end . 180.18(e) "Shared private duty new text begin home care new text end nursing" means the provision of new text begin home care new text end 180.19nursing services by a private duty new text begin home care new text end nurse to two recipients at the same time 180.20and in the same setting. 180.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 180.22    Sec. 3. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision 180.23to read: 180.24     new text begin Subd. 35. new text end new text begin Statewide procurement. new text end new text begin (a) For calendar year 2015, the commissioner new text end 180.25 new text begin may extend a demonstration provider's contract under this section for a sixth year after new text end 180.26 new text begin the most recent procurement. For calendar year 2015, section 16B.98, subdivision new text end 180.27 new text begin 5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to new text end 180.28 new text begin contracts under this section. new text end 180.29 new text begin (b) For calendar year 2016 contracts under this section, the commissioner shall new text end 180.30 new text begin procure through a statewide procurement, which includes all 87 counties, demonstration new text end 180.31 new text begin providers, and participating entities as defined in section 256L.01, subdivision 7. The new text end 180.32 new text begin commissioner shall publish a request for proposals by January 5, 2015. As part of the new text end 180.33 new text begin procurement process, the commissioner shall: new text end 180.34 new text begin (1) seek each individual county's input; new text end 181.1 new text begin (2) organize counties into regional groups, and consider single counties for the new text end 181.2 new text begin largest and most diverse counties; and new text end 181.3 new text begin (3) seek regional and county input regarding the respondent's ability to fully and new text end 181.4 new text begin adequately deliver required health care services, offer an adequate provider network, new text end 181.5 new text begin provide care coordination with county services, and serve special populations, including new text end 181.6 new text begin enrollees with language and cultural needs. new text end 181.7    Sec. 4. new text begin DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS new text end 181.8 new text begin CHRONIC CONDITIONS. new text end 181.9 new text begin The commissioner of human services shall incorporate strategies and activities in the new text end 181.10 new text begin Department of Human Service's planning efforts and design of the state Medicaid plan new text end 181.11 new text begin option under section 2703 of the Patient Protection and Affordable Care Act that address new text end 181.12 new text begin chronic medical or behavioral health conditions complicated by socioeconomic factors new text end 181.13 new text begin such as race, ethnicity, age, immigration, or language. new text end 181.14    Sec. 5. new text begin REVISOR'S INSTRUCTION. new text end 181.15 new text begin The revisor of statutes shall change the term "private duty nursing" or similar terms new text end 181.16 new text begin to "home care nursing" or similar terms, and shall change the term "private duty nurse" to new text end 181.17 new text begin "home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota new text end 181.18 new text begin Rules. The revisor shall also make grammatical changes related to the changes in terms. new text end 181.19ARTICLE 10 181.20MISCELLANEOUS 181.21    Section 1. new text begin [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION new text end 181.22 new text begin EXPIRATION. new text end 181.23 new text begin Notwithstanding any practice to the contrary, in an emergency situation or in the new text end 181.24 new text begin case of lost glasses, an optometrist or physician may authorize a new pair of prescription new text end 181.25 new text begin eyeglasses using the prescription from the old lenses or the last prescription available. new text end 181.26    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, is 181.27amended to read: 181.28    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for 181.29Medicare and Medicaid Services determines that a provider is designated "high-risk," the 181.30commissioner may withhold payment from providers within that category upon initial 181.31enrollment for a 90-day period. The withholding for each provider must begin on the date 181.32of the first submission of a claim. 182.1(b) An enrolled provider that is also licensed by the commissioner under chapter 182.2245A must designate an individual as the entity's compliance officer. The compliance 182.3officer must: 182.4(1) develop policies and procedures to assure adherence to medical assistance laws 182.5and regulations and to prevent inappropriate claims submissions; 182.6(2) train the employees of the provider entity, and any agents or subcontractors of 182.7the provider entity including billers, on the policies and procedures under clause (1); 182.8(3) respond to allegations of improper conduct related to the provision or billing of 182.9medical assistance services, and implement action to remediate any resulting problems; 182.10(4) use evaluation techniques to monitor compliance with medical assistance laws 182.11and regulations; 182.12(5) promptly report to the commissioner any identified violations of medical 182.13assistance laws or regulations; and 182.14    (6) within 60 days of discovery by the provider of a medical assistance 182.15reimbursement overpayment, report the overpayment to the commissioner and make 182.16arrangements with the commissioner for the commissioner's recovery of the overpayment. 182.17The commissioner may require, as a condition of enrollment in medical assistance, that a 182.18provider within a particular industry sector or category establish a compliance program that 182.19contains the core elements established by the Centers for Medicare and Medicaid Services. 182.20(c) The commissioner may revoke the enrollment of an ordering or rendering 182.21provider for a period of not more than one year, if the provider fails to maintain and, upon 182.22request from the commissioner, provide access to documentation relating to written orders 182.23or requests for payment for durable medical equipment, certifications for home health 182.24services, or referrals for other items or services written or ordered by such provider, when 182.25the commissioner has identified a pattern of a lack of documentation. A pattern means a 182.26failure to maintain documentation or provide access to documentation on more than one 182.27occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a 182.28provider under the provisions of section 256B.064. 182.29(d) The commissioner shall terminate or deny the enrollment of any individual or 182.30entity if the individual or entity has been terminated from participation in Medicare or 182.31under the Medicaid program or Children's Health Insurance Program of any other state. 182.32(e) As a condition of enrollment in medical assistance, the commissioner shall 182.33require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 182.34and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 182.35Services, its agents, or its designated contractors and the state agency, its agents, or its 182.36designated contractors to conduct unannounced on-site inspections of any provider location. 183.1The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 183.2list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 183.3and standards used to designate Medicare providers in Code of Federal Regulations, title 183.442, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 183.5The commissioner's designations are not subject to administrative appeal. 183.6(f) As a condition of enrollment in medical assistance, the commissioner shall 183.7require that a high-risk provider, or a person with a direct or indirect ownership interest in 183.8the provider of five percent or higher, consent to criminal background checks, including 183.9fingerprinting, when required to do so under state law or by a determination by the 183.10commissioner or the Centers for Medicare and Medicaid Services that a provider is 183.11designated high-risk for fraud, waste, or abuse. 183.12(g)(1) Upon initial enrollment, reenrollment, and new text begin notification of new text end revalidation, all 183.13durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) new text begin medical new text end 183.14 suppliers new text begin meeting the durable medical equipment provider and supplier definition in clause new text end 183.15 new text begin (3), new text end operating in Minnesota and receiving Medicaid funds must purchase a surety bond 183.16that is annually renewed and designates the Minnesota Department of Human Services as 183.17the obligee, and must be submitted in a form approved by the commissioner. new text begin For purposes new text end 183.18 new text begin of this clause, the following medical suppliers are not required to obtain a surety bond: new text end 183.19 new text begin a federally qualified health center, a home health agency, the Indian Health Service, a new text end 183.20 new text begin pharmacy, and a rural health clinic. new text end 183.21(2) At the time of initial enrollment or reenrollment, the provider agency new text begin durable new text end 183.22 new text begin medical equipment providers and suppliers defined in clause (3) new text end must purchase a 183.23performance new text begin surety new text end bond of $50,000. If a revalidating provider's Medicaid revenue in 183.24the previous calendar year is up to and including $300,000, the provider agency must 183.25purchase a performance new text begin surety new text end bond of $50,000. If a revalidating provider's Medicaid 183.26revenue in the previous calendar year is over $300,000, the provider agency must purchase 183.27a performance new text begin surety new text end bond of $100,000. The performance new text begin surety new text end bond must allow for 183.28recovery of costs and fees in pursuing a claim on the bond. 183.29 new text begin (3) "Durable medical equipment provider or supplier" means a medical supplier that new text end 183.30 new text begin can purchase medical equipment or supplies for sale or rental to the general public and new text end 183.31 new text begin is able to perform or arrange for necessary repairs to and maintenance of equipment new text end 183.32 new text begin offered for sale or rental. new text end 183.33(h) The Department of Human Services may require a provider to purchase a 183.34performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, 183.35or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the 183.36department determines there is significant evidence of or potential for fraud and abuse by 184.1the provider, or (3) the provider or category of providers is designated high-risk pursuant 184.2to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The 184.3performance new text begin surety new text end bond must be in an amount of $100,000 or ten percent of the provider's 184.4payments from Medicaid during the immediately preceding 12 months, whichever is 184.5greater. The performance new text begin surety new text end bond must name the Department of Human Services as 184.6an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond. 184.7 new text begin This paragraph does not apply if the provider currently maintains a surety bond under the new text end 184.8 new text begin requirements in section 256B.0659 or 256B.85. new text end 184.9    Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21, 184.10is amended to read: 184.11    Subd. 21. Requirements for provider enrollment of personal care assistance 184.12provider agencies. (a) All personal care assistance provider agencies must provide, at the 184.13time of enrollment, reenrollment, and revalidation as a personal care assistance provider 184.14agency in a format determined by the commissioner, information and documentation that 184.15includes, but is not limited to, the following: 184.16    (1) the personal care assistance provider agency's current contact information 184.17including address, telephone number, and e-mail address; 184.18    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's 184.19Medicaid revenue in the previous calendar year is up to and including $300,000, the 184.20provider agency must purchase a performance new text begin surety new text end bond of $50,000. If the Medicaid 184.21revenue in the previous year is over $300,000, the provider agency must purchase a 184.22performance new text begin surety new text end bond of $100,000. The performance new text begin surety new text end bond must be in a form 184.23approved by the commissioner, must be renewed annually, and must allow for recovery of 184.24costs and fees in pursuing a claim on the bond; 184.25    (3) proof of fidelity bond coverage in the amount of $20,000; 184.26    (4) proof of workers' compensation insurance coverage; 184.27    (5) proof of liability insurance; 184.28    (6) a description of the personal care assistance provider agency's organization 184.29identifying the names of all owners, managing employees, staff, board of directors, and 184.30the affiliations of the directors, owners, or staff to other service providers; 184.31    (7) a copy of the personal care assistance provider agency's written policies and 184.32procedures including: hiring of employees; training requirements; service delivery; 184.33and employee and consumer safety including process for notification and resolution 184.34of consumer grievances, identification and prevention of communicable diseases, and 184.35employee misconduct; 185.1    (8) copies of all other forms the personal care assistance provider agency uses in 185.2the course of daily business including, but not limited to: 185.3    (i) a copy of the personal care assistance provider agency's time sheet if the time 185.4sheet varies from the standard time sheet for personal care assistance services approved 185.5by the commissioner, and a letter requesting approval of the personal care assistance 185.6provider agency's nonstandard time sheet; 185.7    (ii) the personal care assistance provider agency's template for the personal care 185.8assistance care plan; and 185.9    (iii) the personal care assistance provider agency's template for the written 185.10agreement in subdivision 20 for recipients using the personal care assistance choice 185.11option, if applicable; 185.12    (9) a list of all training and classes that the personal care assistance provider agency 185.13requires of its staff providing personal care assistance services; 185.14    (10) documentation that the personal care assistance provider agency and staff have 185.15successfully completed all the training required by this section; 185.16    (11) documentation of the agency's marketing practices; 185.17    (12) disclosure of ownership, leasing, or management of all residential properties 185.18that is used or could be used for providing home care services; 185.19    (13) documentation that the agency will use the following percentages of revenue 185.20generated from the medical assistance rate paid for personal care assistance services 185.21for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 185.22personal care assistance choice option and 72.5 percent of revenue from other personal 185.23care assistance providers. The revenue generated by the qualified professional and the 185.24reasonable costs associated with the qualified professional shall not be used in making 185.25this calculation; and 185.26    (14) effective May 15, 2010, documentation that the agency does not burden 185.27recipients' free exercise of their right to choose service providers by requiring personal 185.28care assistants to sign an agreement not to work with any particular personal care 185.29assistance recipient or for another personal care assistance provider agency after leaving 185.30the agency and that the agency is not taking action on any such agreements or requirements 185.31regardless of the date signed. 185.32    (b) Personal care assistance provider agencies shall provide the information specified 185.33in paragraph (a) to the commissioner at the time the personal care assistance provider 185.34agency enrolls as a vendor or upon request from the commissioner. The commissioner 185.35shall collect the information specified in paragraph (a) from all personal care assistance 185.36providers beginning July 1, 2009. 186.1    (c) All personal care assistance provider agencies shall require all employees in 186.2management and supervisory positions and owners of the agency who are active in the 186.3day-to-day management and operations of the agency to complete mandatory training 186.4as determined by the commissioner before enrollment of the agency as a provider. 186.5Employees in management and supervisory positions and owners who are active in 186.6the day-to-day operations of an agency who have completed the required training as 186.7an employee with a personal care assistance provider agency do not need to repeat 186.8the required training if they are hired by another agency, if they have completed the 186.9training within the past three years. By September 1, 2010, the required training must 186.10be available with meaningful access according to title VI of the Civil Rights Act and 186.11federal regulations adopted under that law or any guidance from the United States Health 186.12and Human Services Department. The required training must be available online or by 186.13electronic remote connection. The required training must provide for competency testing. 186.14Personal care assistance provider agency billing staff shall complete training about 186.15personal care assistance program financial management. This training is effective July 1, 186.162009. Any personal care assistance provider agency enrolled before that date shall, if it 186.17has not already, complete the provider training within 18 months of July 1, 2009. Any new 186.18owners or employees in management and supervisory positions involved in the day-to-day 186.19operations are required to complete mandatory training as a requisite of working for the 186.20agency. Personal care assistance provider agencies certified for participation in Medicare 186.21as home health agencies are exempt from the training required in this subdivision. When 186.22available, Medicare-certified home health agency owners, supervisors, or managers must 186.23successfully complete the competency test. 186.24    Sec. 4. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read: 186.25    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated 186.26risk-based managed care option for services in an intermediate care facility for persons 186.27with developmental disabilities according to the terms and conditions of the federal 186.28agreement governing the managed care pilot. The commissioner may grant a variance 186.29to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts 186.309525.1200 to 9525.1330 and 9525.1580. 186.31    Sec. 5. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read: 186.32    Subd. 16. Project extension. Minnesota Rules, parts 9500.1450; 9500.1451; 186.339500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458; 186.349500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464 new text begin , new text end are extended. 187.1    Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is 187.2amended to read: 187.3    Subd. 12. Requirements for enrollment of CFSS provider agencies. (a) All CFSS 187.4provider agencies must provide, at the time of enrollment, reenrollment, and revalidation 187.5as a CFSS provider agency in a format determined by the commissioner, information and 187.6documentation that includes, but is not limited to, the following: 187.7(1) the CFSS provider agency's current contact information including address, 187.8telephone number, and e-mail address; 187.9(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's 187.10Medicaid revenue in the previous calendar year is less than or equal to $300,000, the 187.11provider agency must purchase a performance new text begin surety new text end bond of $50,000. If the provider 187.12agency's Medicaid revenue in the previous calendar year is greater than $300,000, the 187.13provider agency must purchase a performance new text begin surety new text end bond of $100,000. The performance 187.14 new text begin surety new text end bond must be in a form approved by the commissioner, must be renewed annually, 187.15and must allow for recovery of costs and fees in pursuing a claim on the bond; 187.16(3) proof of fidelity bond coverage in the amount of $20,000; 187.17(4) proof of workers' compensation insurance coverage; 187.18(5) proof of liability insurance; 187.19(6) a description of the CFSS provider agency's organization identifying the names 187.20of all owners, managing employees, staff, board of directors, and the affiliations of the 187.21directors, owners, or staff to other service providers; 187.22(7) a copy of the CFSS provider agency's written policies and procedures including: 187.23hiring of employees; training requirements; service delivery; and employee and consumer 187.24safety including process for notification and resolution of consumer grievances, 187.25identification and prevention of communicable diseases, and employee misconduct; 187.26(8) copies of all other forms the CFSS provider agency uses in the course of daily 187.27business including, but not limited to: 187.28(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from 187.29the standard time sheet for CFSS services approved by the commissioner, and a letter 187.30requesting approval of the CFSS provider agency's nonstandard time sheet; and 187.31(ii) the CFSS provider agency's template for the CFSS care plan; 187.32(9) a list of all training and classes that the CFSS provider agency requires of its 187.33staff providing CFSS services; 187.34(10) documentation that the CFSS provider agency and staff have successfully 187.35completed all the training required by this section; 187.36(11) documentation of the agency's marketing practices; 188.1(12) disclosure of ownership, leasing, or management of all residential properties 188.2that are used or could be used for providing home care services; 188.3(13) documentation that the agency will use at least the following percentages of 188.4revenue generated from the medical assistance rate paid for CFSS services for employee 188.5personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. 188.6The revenue generated by the support specialist and the reasonable costs associated with 188.7the support specialist shall not be used in making this calculation; and 188.8(14) documentation that the agency does not burden recipients' free exercise of their 188.9right to choose service providers by requiring personal care assistants to sign an agreement 188.10not to work with any particular CFSS recipient or for another CFSS provider agency after 188.11leaving the agency and that the agency is not taking action on any such agreements or 188.12requirements regardless of the date signed. 188.13(b) CFSS provider agencies shall provide to the commissioner the information 188.14specified in paragraph (a). 188.15(c) All CFSS provider agencies shall require all employees in management and 188.16supervisory positions and owners of the agency who are active in the day-to-day 188.17management and operations of the agency to complete mandatory training as determined 188.18by the commissioner. Employees in management and supervisory positions and owners 188.19who are active in the day-to-day operations of an agency who have completed the required 188.20training as an employee with a CFSS provider agency do not need to repeat the required 188.21training if they are hired by another agency, if they have completed the training within 188.22the past three years. CFSS provider agency billing staff shall complete training about 188.23CFSS program financial management. Any new owners or employees in management 188.24and supervisory positions involved in the day-to-day operations are required to complete 188.25mandatory training as a requisite of working for the agency. CFSS provider agencies 188.26certified for participation in Medicare as home health agencies are exempt from the 188.27training required in this subdivision. 188.28    Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read: 188.29    Subd. 2. Selection of members, terms, vacancies. Except in counties which 188.30contain a city of the first class and counties having a poor and hospital commission, the 188.31local social services agency shall consist of seven members, including the board of county 188.32commissioners, to be selected as herein provided; two members, one of whom shall be 188.33a woman, shall be appointed by the commissioner of human services new text begin board of county new text end 188.34 new text begin commissioners new text end , one each year for a full term of two years, from a list of residents, submitted 188.35by the board of county commissioners. As each term expires or a vacancy occurs by reason 189.1of death or resignation new text begin , new text end a successor shall be appointed by the commissioner of human 189.2services new text begin board of county commissioners new text end for the full term of two years or the balance of any 189.3unexpired term from a list of one or more, not to exceed three residents submitted by the 189.4board of county commissioners. The board of county commissioners may, by resolution 189.5adopted by a majority of the board, determine that only three of their members shall be 189.6members of the local social services agency, in which event the local social services agency 189.7shall consist of five members instead of seven. When a vacancy occurs on the local social 189.8services agency by reason of the death, resignation, or expiration of the term of office of a 189.9member of the board of county commissioners, the unexpired term of such member shall 189.10be filled by appointment by the county commissioners. Except to fill a vacancy the term 189.11of office of each member of the local social services agency shall commence on the first 189.12Thursday after the first Monday in July, and continue until the expiration of the term 189.13for which such member was appointed or until a successor is appointed and qualifies. 189.14If the board of county commissioners shall refuse, fail, omit, or neglect to submit one 189.15or more nominees to the commissioner of human services for appointment to the local 189.16social services agency by the commissioner of human services, as herein provided, or to 189.17appoint the three members to the local social services agency, as herein provided, by the 189.18time when the terms of such members commence, or, in the event of vacancies, for a 189.19period of 30 days thereafter, the commissioner of human services is hereby empowered 189.20to and shall forthwith appoint residents of the county to the local social services agency. 189.21The commissioner of human services, on refusing to appoint a nominee from the list of 189.22nominees submitted by the board of county commissioners, shall notify the county board 189.23of such refusal. The county board shall thereupon nominate additional nominees. Before 189.24the commissioner of human services shall fill any vacancy hereunder resulting from the 189.25failure or refusal of the board of county commissioners of any county to act, as required 189.26herein, the commissioner of human services shall mail 15 days' written notice to the board 189.27of county commissioners of its intention to fill such vacancy or vacancies unless the board 189.28of county commissioners shall act before the expiration of the 15-day period. 189.29    Sec. 8. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read: 189.30    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1 189.31two or more counties may by resolution of their respective boards of county commissioners, 189.32agree to combine the functions of their separate local social services agency into one local 189.33social services agency to serve the two or more counties that enter into the agreement. 189.34Such agreement may be for a definite term or until terminated in accordance with its terms. 189.35When two or more counties have agreed to combine the functions of their separate local 190.1social services agency, a single local social services agency in lieu of existing individual 190.2local social services agency shall be established to direct the activities of the combined 190.3agency. This agency shall have the same powers, duties and functions as an individual local 190.4social services agency. The single local social services agency shall have representation 190.5from each of the participating counties with selection of the members to be as follows: 190.6(a) Each board of county commissioners entering into the agreement shall on an 190.7annual basis select one or two of its members to serve on the single local social services 190.8agency. 190.9(b) Each board of county commissioners entering into the agreement shall in 190.10accordance with procedures established by the commissioner of human services, submit a 190.11list of names of three county residents, who shall not be county commissioners, to the 190.12commissioner of human services. The commissioner shall select one person from each 190.13county list new text begin county resident who is not a county commissioner new text end to serve as a local social 190.14services agency member. 190.15(c) The composition of the agency may be determined by the boards of county 190.16commissioners entering into the agreement providing that no less than one-third of the 190.17members are appointed as provided in clause new text begin paragraph new text end (b). 190.18    Sec. 9. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to 190.19read: 190.20    Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT 190.21PROCESS. 190.22(a) The commissioner of human services shall issue a request for information for an 190.23integrated service delivery system for health care programs, food support, cash assistance, 190.24and child care. The commissioner shall determine, in consultation with partners in 190.25paragraph (c), if the products meet departments' and counties' functions. The request for 190.26information may incorporate a performance-based vendor financing option in which the 190.27vendor shares the risk of the project's success. The health care system must be developed 190.28in phases with the capacity to integrate food support, cash assistance, and child care 190.29programs as funds are available. The request for information must require that the system: 190.30(1) streamline eligibility determinations and case processing to support statewide 190.31eligibility processing; 190.32(2) enable interested persons to determine eligibility for each program, and to apply 190.33for programs online in a manner that the applicant will be asked only those questions 190.34relevant to the programs for which the person is applying; 191.1(3) leverage technology that has been operational in other state environments with 191.2similar requirements; and 191.3(4) include Web-based application, worker application processing support, and the 191.4opportunity for expansion. 191.5(b) The commissioner shall issue a final report, including the implementation plan, 191.6to the chairs and ranking minority members of the legislative committees with jurisdiction 191.7over health and human services no later than January 31, 2012. 191.8(c) The commissioner shall partner with counties, a service delivery authority 191.9established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology, 191.10other state agencies, and service partners to develop an integrated service delivery 191.11framework, which will simplify and streamline human services eligibility and enrollment 191.12processes. The primary objectives for the simplification effort include significantly 191.13improved eligibility processing productivity resulting in reduced time for eligibility 191.14determination and enrollment, increased customer service for applicants and recipients of 191.15services, increased program integrity, and greater administrative flexibility. 191.16(d) The commissioner, along with a county representative appointed by the 191.17Association of Minnesota Counties, shall report specific implementation progress to the 191.18legislature annually beginning May 15, 2012. 191.19(e) The commissioner shall work with the Minnesota Association of County Social 191.20Service Administrators and the Office of Enterprise Technology to develop collaborative 191.21task forces, as necessary, to support implementation of the service delivery components 191.22under this paragraph. The commissioner must evaluate, develop, and include as part 191.23of the integrated eligibility and enrollment service delivery framework, the following 191.24minimum components: 191.25(1) screening tools for applicants to determine potential eligibility as part of an 191.26online application process; 191.27(2) the capacity to use databases to electronically verify application and renewal 191.28data as required by law; 191.29(3) online accounts accessible by applicants and enrollees; 191.30(4) an interactive voice response system, available statewide, that provides case 191.31information for applicants, enrollees, and authorized third parties; 191.32(5) an electronic document management system that provides electronic transfer of 191.33all documents required for eligibility and enrollment processes; and 191.34(6) a centralized customer contact center that applicants, enrollees, and authorized 191.35third parties can use statewide to receive program information, application assistance, 192.1and case information, report changes, make cost-sharing payments, and conduct other 192.2eligibility and enrollment transactions. 192.3(f) new text begin (e) new text end Subject to a legislative appropriation, the commissioner of human services 192.4shall issue a request for proposal for the appropriate phase of an integrated service delivery 192.5system for health care programs, food support, cash assistance, and child care. 192.6    Sec. 10. new text begin INSTRUCTIONS TO THE COMMISSIONER. new text end 192.7 new text begin The commissioner of human services must consult with community stakeholders new text end 192.8 new text begin regarding the impact of the decision of the United States Court of Appeals in Geston v. new text end 192.9 new text begin Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program. new text end 192.10 new text begin The commissioner must provide a written report to the chairs and ranking minority new text end 192.11 new text begin members of the house of representatives and senate standing committees with jurisdiction new text end 192.12 new text begin over medical assistance policy and finance no later than January 5, 2015. The report must new text end 192.13 new text begin include proposed legislation to ensure Minnesota's medical assistance program complies new text end 192.14 new text begin with the requirements of the Geston decision. new text end 192.15    Sec. 11. new text begin RULEMAKING; REDUNDANT PROVISION REGARDING new text end 192.16 new text begin TRANSITION LENSES. new text end 192.17 new text begin The commissioner of human services shall amend Minnesota Rules, part 9505.0277, new text end 192.18 new text begin subpart 3, to remove transition lenses from the list of eyeglass services not eligible for new text end 192.19 new text begin payment under the medical assistance program. The commissioner may use the good new text end 192.20 new text begin cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt new text end 192.21 new text begin rules under this section. Minnesota Statutes, section 14.386, does not apply except as new text end 192.22 new text begin provided in Minnesota Statutes, section 14.388. new text end 192.23    Sec. 12. new text begin FEDERAL APPROVAL. new text end 192.24 new text begin By October 1, 2015, the commissioner of human services shall seek federal authority new text end 192.25 new text begin to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid new text end 192.26 new text begin plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI). new text end 192.27 new text begin To be eligible, an individual must have family income at or below 200 percent of the new text end 192.28 new text begin federal poverty guidelines, except that for an individual under age 21, only the income of new text end 192.29 new text begin the individual must be considered in determining eligibility. Services under this program new text end 192.30 new text begin must be available on a presumptive eligibility basis. new text end 192.31    Sec. 13. new text begin REVISOR'S INSTRUCTION. new text end 193.1 new text begin The revisor of statutes shall remove cross-references to the sections and parts new text end 193.2 new text begin repealed in section 14, paragraphs (a) and (b), wherever they appear in Minnesota Rules new text end 193.3 new text begin and shall make changes necessary to correct the punctuation, grammar, or structure of the new text end 193.4 new text begin remaining text and preserve its meaning. new text end 193.5    Sec. 14. new text begin REPEALER. new text end 193.6 new text begin (a) new text end new text begin Minnesota Statutes 2012, section 256.01, subdivision 32, new text end new text begin is repealed. new text end 193.7 new text begin (b) new text end new text begin Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; new text end 193.8 new text begin 9500.1456; and 9525.1580, new text end new text begin are repealed. new text end 193.9 new text begin (c) new text end new text begin Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and new text end 193.10 new text begin 9505.5325, new text end new text begin are repealed contingent upon federal approval of the state Medicaid plan new text end 193.11 new text begin amendment under section 12. The commissioner of human services shall notify the new text end 193.12 new text begin revisor of statutes when this occurs. new text end 193.13ARTICLE 11 193.14CHILDREN AND FAMILY SERVICES POLICY 193.15    Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read: 193.16    Subd. 2. General. (a) Data on individuals collected, maintained, used, or 193.17disseminated by the welfare system are private data on individuals, and shall not be 193.18disclosed except: 193.19    (1) according to section 13.05; 193.20    (2) according to court order; 193.21    (3) according to a statute specifically authorizing access to the private data; 193.22    (4) to an agent of the welfare system and an investigator acting on behalf of a county, 193.23the state, or the federal government, including a law enforcement person or attorney in the 193.24investigation or prosecution of a criminal, civil, or administrative proceeding relating to 193.25the administration of a program; 193.26    (5) to personnel of the welfare system who require the data to verify an individual's 193.27identity; determine eligibility, amount of assistance, and the need to provide services to 193.28an individual or family across programs; evaluate the effectiveness of programs; assess 193.29parental contribution amounts; and investigate suspected fraud; 193.30    (6) to administer federal funds or programs; 193.31    (7) between personnel of the welfare system working in the same program; 193.32    (8) to the Department of Revenue to assess parental contribution amounts for 193.33purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 193.34programs and to identify individuals who may benefit from these programs. The following 194.1information may be disclosed under this paragraph: an individual's and their dependent's 194.2names, dates of birth, Social Security numbers, income, addresses, and other data as 194.3required, upon request by the Department of Revenue. Disclosures by the commissioner 194.4of revenue to the commissioner of human services for the purposes described in this clause 194.5are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 194.6but are not limited to, the dependent care credit under section 290.067, the Minnesota 194.7working family credit under section 290.0671, the property tax refund and rental credit 194.8under section 290A.04, and the Minnesota education credit under section 290.0674; 194.9    (9) between the Department of Human Services, the Department of Employment 194.10and Economic Development, and when applicable, the Department of Education, for 194.11the following purposes: 194.12    (i) to monitor the eligibility of the data subject for unemployment benefits, for any 194.13employment or training program administered, supervised, or certified by that agency; 194.14    (ii) to administer any rehabilitation program or child care assistance program, 194.15whether alone or in conjunction with the welfare system; 194.16    (iii) to monitor and evaluate the Minnesota family investment program or the child 194.17care assistance program by exchanging data on recipients and former recipients of food 194.18support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 194.19under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and 194.20    (iv) to analyze public assistance employment services and program utilization, 194.21cost, effectiveness, and outcomes as implemented under the authority established in Title 194.22II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 194.231999. Health records governed by sections 144.291 to 144.298 and "protected health 194.24information" as defined in Code of Federal Regulations, title 45, section 160.103, and 194.25governed by Code of Federal Regulations, title 45, parts 160-164, including health care 194.26claims utilization information, must not be exchanged under this clause; 194.27    (10) to appropriate parties in connection with an emergency if knowledge of 194.28the information is necessary to protect the health or safety of the individual or other 194.29individuals or persons; 194.30    (11) data maintained by residential programs as defined in section 245A.02 may 194.31be disclosed to the protection and advocacy system established in this state according 194.32to Part C of Public Law 98-527 to protect the legal and human rights of persons with 194.33developmental disabilities or other related conditions who live in residential facilities for 194.34these persons if the protection and advocacy system receives a complaint by or on behalf 194.35of that person and the person does not have a legal guardian or the state or a designee of 194.36the state is the legal guardian of the person; 195.1    (12) to the county medical examiner or the county coroner for identifying or locating 195.2relatives or friends of a deceased person; 195.3    (13) data on a child support obligor who makes payments to the public agency 195.4may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 195.5determine eligibility under section 136A.121, subdivision 2, clause (5); 195.6    (14) participant Social Security numbers and names collected by the telephone 195.7assistance program may be disclosed to the Department of Revenue to conduct an 195.8electronic data match with the property tax refund database to determine eligibility under 195.9section 237.70, subdivision 4a; 195.10    (15) the current address of a Minnesota family investment program participant 195.11may be disclosed to law enforcement officers who provide the name of the participant 195.12and notify the agency that: 195.13    (i) the participant: 195.14    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 195.15conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 195.16jurisdiction from which the individual is fleeing; or 195.17    (B) is violating a condition of probation or parole imposed under state or federal law; 195.18    (ii) the location or apprehension of the felon is within the law enforcement officer's 195.19official duties; and 195.20    (iii) the request is made in writing and in the proper exercise of those duties; 195.21    (16) the current address of a recipient of general assistance or general assistance 195.22medical care may be disclosed to probation officers and corrections agents who are 195.23supervising the recipient and to law enforcement officers who are investigating the 195.24recipient in connection with a felony level offense; 195.25    (17) information obtained from food support applicant or recipient households may 195.26be disclosed to local, state, or federal law enforcement officials, upon their written request, 195.27for the purpose of investigating an alleged violation of the Food Stamp Act, according 195.28to Code of Federal Regulations, title 7, section 272.1 (c); 195.29    (18) the address, Social Security number, and, if available, photograph of any 195.30member of a household receiving food support shall be made available, on request, to a 195.31local, state, or federal law enforcement officer if the officer furnishes the agency with the 195.32name of the member and notifies the agency that: 195.33    (i) the member: 195.34    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 195.35crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing; 196.1    (B) is violating a condition of probation or parole imposed under state or federal 196.2law; or 196.3    (C) has information that is necessary for the officer to conduct an official duty related 196.4to conduct described in subitem (A) or (B); 196.5    (ii) locating or apprehending the member is within the officer's official duties; and 196.6    (iii) the request is made in writing and in the proper exercise of the officer's official 196.7duty; 196.8    (19) the current address of a recipient of Minnesota family investment program, 196.9general assistance, general assistance medical care, or food support may be disclosed to 196.10law enforcement officers who, in writing, provide the name of the recipient and notify the 196.11agency that the recipient is a person required to register under section 243.166, but is not 196.12residing at the address at which the recipient is registered under section 243.166; 196.13    (20) certain information regarding child support obligors who are in arrears may be 196.14made public according to section 518A.74; 196.15    (21) data on child support payments made by a child support obligor and data on 196.16the distribution of those payments excluding identifying information on obligees may be 196.17disclosed to all obligees to whom the obligor owes support, and data on the enforcement 196.18actions undertaken by the public authority, the status of those actions, and data on the 196.19income of the obligor or obligee may be disclosed to the other party; 196.20    (22) data in the work reporting system may be disclosed under section 256.998, 196.21subdivision 7 ; 196.22    (23) to the Department of Education for the purpose of matching Department of 196.23Education student data with public assistance data to determine students eligible for free 196.24and reduced-price meals, meal supplements, and free milk according to United States 196.25Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 196.26state funds that are distributed based on income of the student's family; and to verify 196.27receipt of energy assistance for the telephone assistance plan; 196.28    (24) the current address and telephone number of program recipients and emergency 196.29contacts may be released to the commissioner of health or a local board of health as 196.30defined in section 145A.02, subdivision 2, when the commissioner or local board of health 196.31has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 196.32risk of illness, and the data are necessary to locate the person; 196.33    (25) to other state agencies, statewide systems, and political subdivisions of this 196.34state, including the attorney general, and agencies of other states, interstate information 196.35networks, federal agencies, and other entities as required by federal regulation or law for 196.36the administration of the child support enforcement program; 197.1    (26) to personnel of public assistance programs as defined in section 256.741, for 197.2access to the child support system database for the purpose of administration, including 197.3monitoring and evaluation of those public assistance programs; 197.4    (27) to monitor and evaluate the Minnesota family investment program by 197.5exchanging data between the Departments of Human Services and Education, on 197.6recipients and former recipients of food support, cash assistance under chapter 256, 256D, 197.7256J, or 256K, child care assistance under chapter 119B, or medical programs under 197.8chapter 256B, 256D, or 256L; 197.9    (28) to evaluate child support program performance and to identify and prevent 197.10fraud in the child support program by exchanging data between the Department of Human 197.11Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 197.12and (b), without regard to the limitation of use in paragraph (c), Department of Health, 197.13Department of Employment and Economic Development, and other state agencies as is 197.14reasonably necessary to perform these functions; 197.15    (29) counties operating child care assistance programs under chapter 119B may 197.16disseminate data on program participants, applicants, and providers to the commissioner 197.17of education; or 197.18    (30) child support data on the parents and the child new text begin , the parents, and relatives of the new text end 197.19 new text begin child new text end may be disclosed to agencies administering programs under titles IV-B and IV-E of 197.20the Social Security Act, as provided new text begin authorized new text end by federal law. Data may be disclosed 197.21only to the extent necessary for the purpose of establishing parentage or for determining 197.22who has or may have parental rights with respect to a child, which could be related 197.23to permanency planning. 197.24    (b) Information on persons who have been treated for drug or alcohol abuse may 197.25only be disclosed according to the requirements of Code of Federal Regulations, title 197.2642, sections 2.1 to 2.67. 197.27    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 197.28(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 197.29nonpublic while the investigation is active. The data are private after the investigation 197.30becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b). 197.31    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are 197.32not subject to the access provisions of subdivision 10, paragraph (b). 197.33    For the purposes of this subdivision, a request will be deemed to be made in writing 197.34if made through a computer interface system. 197.35    Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read: 198.1    Subd. 2. Contractual agreements with tribes. The commissioner may enter into 198.2contractual agreements with a federally recognized Indian tribe with a reservation in 198.3Minnesota to carry out the responsibilities of county human service agencies to the 198.4extent necessary for the tribe to operate child care assistance programs under sections 198.5119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursed new text begin the state new text end 198.6 new text begin to make payments new text end for child care assistance services provided under section 119B.05. 198.7The commissioner shall consult with the affected county or counties in the contractual 198.8agreement negotiations, if the county or counties wish to be included, in order to avoid 198.9the duplication of county and tribal child care services. Funding to support services 198.10under section 119B.03 may be transferred to the federally recognized Indian tribe with a 198.11reservation in Minnesota from allocations available to counties in which reservation 198.12boundaries lie. When funding is transferred under section 119B.03, the amount shall be 198.13commensurate to estimates of the proportion of reservation residents with characteristics 198.14identified in section 119B.03, subdivision 6, to the total population of county residents 198.15with those same characteristics. 198.16    Sec. 3. Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read: 198.17    Subd. 6. Maximum child care assistance. The maximum amount of child care 198.18assistance a local agency may authorize new text begin pay for new text end in a two-week period is 120 hours per child. 198.19    Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read: 198.20    Subd. 13. Child care in the child's home. new text begin (a) new text end Child care assistance must only be 198.21authorized in the child's home if new text begin : new text end 198.22     new text begin (1) new text end the child's parents have authorized activities outside of the home and if new text begin ; or new text end 198.23     new text begin (2) new text end new text begin one parent in a two-parent family is in an authorized activity outside of the home new text end 198.24 new text begin and one parent is unable to care for the child and meets the requirements in Minnesota new text end 198.25 new text begin Rules, part 3400.0040, subpart 5. new text end 198.26     new text begin (b) new text end new text begin In order for child care assistance to be authorized under paragraph (a), clause (1) new text end 198.27 new text begin or (2), new text end one or more of the following circumstances are new text begin must be new text end met: 198.28    (1) the parents' qualifying new text begin authorized new text end activity occurs during times when out-of-home 198.29care is not available new text begin or when out-of-home care would result in disruption of the child's new text end 198.30 new text begin nighttime sleep schedule new text end . If child care is needed during any period when out-of-home care 198.31is not available, in-home care can be approved for the entire time care is needed; 198.32    (2) the family lives in an area where out-of-home care is not available; or 199.1    (3) a child has a verified illness or disability that would place the child or other 199.2children in an out-of-home facility at risk or creates a hardship for the child and the family 199.3to take the child out of the home to a child care home or center. 199.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 199.5    Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision 199.6to read: 199.7     new text begin Subd. 9. new text end new text begin Personal statement. new text end new text begin If a county agency determines that an applicant is new text end 199.8 new text begin ineligible due to not meeting eligibility requirements of this chapter, a county agency may new text end 199.9 new text begin accept a signed personal statement from the applicant in lieu of documentation verifying new text end 199.10 new text begin ineligibility. new text end 199.11    Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read: 199.12    Subdivision 1. Verification. new text begin (a) new text end The county agency shall request, and applicants 199.13and recipients shall provide and verify, all information necessary to determine initial and 199.14continuing eligibility and assistance payment amounts. If necessary, the county agency 199.15shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient 199.16refuses or fails without good cause to provide the information or verification, the county 199.17agency shall deny or terminate assistance. 199.18     new text begin (b) If a county agency determines that an applicant is ineligible due to not meeting new text end 199.19 new text begin eligibility requirements of this chapter, a county agency may accept a signed personal new text end 199.20 new text begin statement from the applicant in lieu of documentation verifying ineligibility. new text end 199.21    Sec. 7. Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision 199.22to read: 199.23     new text begin Subd. 5. new text end new text begin Merger. new text end new text begin In the case of a merger between community action agencies, the new text end 199.24 new text begin newly created agency receives a base funding amount equal to the sum of the merged new text end 199.25 new text begin agencies' base funding amounts at the point of the merger as described in subdivision 2, new text end 199.26 new text begin paragraph (b), unless the commissioner determines the funding amount should be less new text end 199.27 new text begin than the sum of the merged agencies' base funding amount due to savings resulting from new text end 199.28 new text begin fewer redundancies and duplicative services. new text end 199.29    Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read: 199.30    Subd. 1a. County approval. new text begin (a) new text end A county agency may not approve a group 199.31residential housing payment for an individual in any setting with a rate in excess of the 200.1MSA equivalent rate for more than 30 days in a calendar year unless the county agency 200.2has developed or approved a plan for the individual which specifies that: 200.3    (1) the individual has an illness or incapacity which prevents the person from living 200.4independently in the community; and 200.5    (2) the individual's illness or incapacity requires the services which are available in 200.6the group residence. 200.7    The plan must be signed or countersigned by any of the following employees of the 200.8county of financial responsibility: the director of human services or a designee of the 200.9director; a social worker; or a case aide. 200.10     new text begin (b) If a county agency determines that an applicant is ineligible due to not meeting new text end 200.11 new text begin eligibility requirements under this section, a county agency may accept a signed personal new text end 200.12 new text begin statement from the applicant in lieu of documentation verifying ineligibility. new text end 200.13    Sec. 9. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read: 200.14    Subd. 3. Submitting application form. (a) A county agency must offer, in person 200.15or by mail, the application forms prescribed by the commissioner as soon as a person 200.16makes a written or oral inquiry. At that time, the county agency must: 200.17    (1) inform the person that assistance begins with the date the signed application is 200.18received by the county agency or the date all eligibility criteria are met, whichever is later; 200.19    (2) inform the person that any delay in submitting the application will reduce the 200.20amount of assistance paid for the month of application; 200.21    (3) inform a person that the person may submit the application before an interview; 200.22    (4) explain the information that will be verified during the application process by the 200.23county agency as provided in section 256J.32; 200.24    (5) inform a person about the county agency's average application processing time 200.25and explain how the application will be processed under subdivision 5; 200.26    (6) explain how to contact the county agency if a person's application information 200.27changes and how to withdraw the application; 200.28    (7) inform a person that the next step in the application process is an interview 200.29and what a person must do if the application is approved including, but not limited to, 200.30attending orientation under section 256J.45 and complying with employment and training 200.31services requirements in sections 256J.515 to 256J.57; 200.32     new text begin (8) inform the person that the interview must be conducted face-to-face in the county new text end 200.33 new text begin office, through Internet telepresence, or at a location mutually agreed upon; new text end 200.34     new text begin (9) inform a person who has received MFIP or DWP in the past 12 months of the new text end 200.35 new text begin option to have a face-to-face, Internet telepresence, or telephone interview; new text end 201.1    (8) new text begin (10) new text end explain the child care and transportation services that are available under 201.2paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and 201.3    (9) new text begin (11) new text end identify any language barriers and arrange for translation assistance during 201.4appointments, including, but not limited to, screening under subdivision 3a, orientation 201.5under section 256J.45, and assessment under section 256J.521. 201.6    (b) Upon receipt of a signed application, the county agency must stamp the date of 201.7receipt on the face of the application. The county agency must process the application 201.8within the time period required under subdivision 5. An applicant may withdraw the 201.9application at any time by giving written or oral notice to the county agency. The county 201.10agency must issue a written notice confirming the withdrawal. The notice must inform 201.11the applicant of the county agency's understanding that the applicant has withdrawn the 201.12application and no longer wants to pursue it. When, within ten days of the date of the 201.13agency's notice, an applicant informs a county agency, in writing, that the applicant does 201.14not wish to withdraw the application, the county agency must reinstate the application and 201.15finish processing the application. 201.16    (c) Upon a participant's request, the county agency must arrange for transportation 201.17and child care or reimburse the participant for transportation and child care expenses 201.18necessary to enable participants to attend the screening under subdivision 3a and 201.19orientation under section 256J.45. 201.20    Sec. 10. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read: 201.21    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of 201.22all nonexcluded real and personal property of the assistance unit must not exceed $2,000 201.23for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to 201.24(19) must be excluded when determining the equity value of real and personal property: 201.25    (1) a licensed vehicle up to a loan new text begin trade-in new text end value of less than or equal to $10,000. 201.26If the assistance unit owns more than one licensed vehicle, the county agency shall 201.27determine the loan new text begin trade-in new text end value of all additional vehicles and exclude the combined 201.28loan new text begin trade-in new text end value of less than or equal to $7,500. The county agency shall apply any 201.29excess loan new text begin trade-in new text end value as if it were equity value to the asset limit described in this 201.30section, excluding: (i) the value of one vehicle per physically disabled person when the 201.31vehicle is needed to transport the disabled unit member; this exclusion does not apply to 201.32mentally disabled people; (ii) the value of special equipment for a disabled member of 201.33the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily 201.34commuting, for the employment of a unit member. 202.1    To establish the loan new text begin trade-in new text end value of vehicles, a county agency must use the 202.2N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars new text begin online car new text end 202.3 new text begin values and car prices guide new text end . When a vehicle is not listed in the guidebook, or when the 202.4applicant or participant disputes the loan new text begin trade-in new text end value listed in the guidebook new text begin online new text end 202.5 new text begin guide new text end as unreasonable given the condition of the particular vehicle, the county agency 202.6may require the applicant or participant document the loan new text begin trade-in new text end value by securing a 202.7written statement from a motor vehicle dealer licensed under section 168.27, stating 202.8the amount that the dealer would pay to purchase the vehicle. The county agency shall 202.9reimburse the applicant or participant for the cost of a written statement that documents a 202.10lower loan new text begin trade-in new text end value; 202.11    (2) the value of life insurance policies for members of the assistance unit; 202.12    (3) one burial plot per member of an assistance unit; 202.13    (4) the value of personal property needed to produce earned income, including 202.14tools, implements, farm animals, inventory, business loans, business checking and 202.15savings accounts used at least annually and used exclusively for the operation of a 202.16self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use 202.17is to produce income and if the vehicles are essential for the self-employment business; 202.18    (5) the value of personal property not otherwise specified which is commonly 202.19used by household members in day-to-day living such as clothing, necessary household 202.20furniture, equipment, and other basic maintenance items essential for daily living; 202.21    (6) the value of real and personal property owned by a recipient of Supplemental 202.22Security Income or Minnesota supplemental aid; 202.23    (7) the value of corrective payments, but only for the month in which the payment 202.24is received and for the following month; 202.25    (8) a mobile home or other vehicle used by an applicant or participant as the 202.26applicant's or participant's home; 202.27    (9) money in a separate escrow account that is needed to pay real estate taxes or 202.28insurance and that is used for this purpose; 202.29    (10) money held in escrow to cover employee FICA, employee tax withholding, 202.30sales tax withholding, employee worker compensation, business insurance, property rental, 202.31property taxes, and other costs that are paid at least annually, but less often than monthly; 202.32    (11) monthly assistance payments for the current month's or short-term emergency 202.33needs under section 256J.626, subdivision 2; 202.34    (12) the value of school loans, grants, or scholarships for the period they are 202.35intended to cover; 203.1    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in 203.2escrow for a period not to exceed three months to replace or repair personal or real property; 203.3    (14) income received in a budget month through the end of the payment month; 203.4    (15) savings from earned income of a minor child or a minor parent that are set aside 203.5in a separate account designated specifically for future education or employment costs; 203.6    (16) the federal earned income credit, Minnesota working family credit, state and 203.7federal income tax refunds, state homeowners and renters credits under chapter 290A, 203.8property tax rebates and other federal or state tax rebates in the month received and the 203.9following month; 203.10    (17) payments excluded under federal law as long as those payments are held in a 203.11separate account from any nonexcluded funds; 203.12    (18) the assets of children ineligible to receive MFIP benefits because foster care or 203.13adoption assistance payments are made on their behalf; and 203.14    (19) the assets of persons whose income is excluded under section 256J.21, 203.15subdivision 2 , clause (43). 203.16    Sec. 11. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is 203.17amended to read: 203.18    Subd. 2. Income exclusions. The following must be excluded in determining a 203.19family's available income: 203.20    (1) payments for basic care, difficulty of care, and clothing allowances received for 203.21providing family foster care to children or adults under Minnesota Rules, parts 9555.5050 203.22to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, new text begin payments for family foster care new text end 203.23 new text begin for children under section 260C.4411 or chapter 256N, new text end and payments received and used 203.24for care and maintenance of a third-party beneficiary who is not a household member; 203.25    (2) reimbursements for employment training received through the Workforce 203.26Investment Act of 1998, United States Code, title 20, chapter 73, section 9201; 203.27    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer 203.28services, jury duty, employment, or informal carpooling arrangements directly related to 203.29employment; 203.30    (4) all educational assistance, except the county agency must count graduate student 203.31teaching assistantships, fellowships, and other similar paid work as earned income and, 203.32after allowing deductions for any unmet and necessary educational expenses, shall 203.33count scholarships or grants awarded to graduate students that do not require teaching 203.34or research as unearned income; 204.1    (5) loans, regardless of purpose, from public or private lending institutions, 204.2governmental lending institutions, or governmental agencies; 204.3    (6) loans from private individuals, regardless of purpose, provided an applicant or 204.4participant documents that the lender expects repayment; 204.5    (7)(i) state income tax refunds; and 204.6    (ii) federal income tax refunds; 204.7    (8)(i) federal earned income credits; 204.8    (ii) Minnesota working family credits; 204.9    (iii) state homeowners and renters credits under chapter 290A; and 204.10    (iv) federal or state tax rebates; 204.11    (9) funds received for reimbursement, replacement, or rebate of personal or real 204.12property when these payments are made by public agencies, awarded by a court, solicited 204.13through public appeal, or made as a grant by a federal agency, state or local government, 204.14or disaster assistance organizations, subsequent to a presidential declaration of disaster; 204.15    (10) the portion of an insurance settlement that is used to pay medical, funeral, and 204.16burial expenses, or to repair or replace insured property; 204.17    (11) reimbursements for medical expenses that cannot be paid by medical assistance; 204.18    (12) payments by a vocational rehabilitation program administered by the state 204.19under chapter 268A, except those payments that are for current living expenses; 204.20    (13) in-kind income, including any payments directly made by a third party to a 204.21provider of goods and services; 204.22    (14) assistance payments to correct underpayments, but only for the month in which 204.23the payment is received; 204.24    (15) payments for short-term emergency needs under section 256J.626, subdivision 2; 204.25    (16) funeral and cemetery payments as provided by section 256.935; 204.26    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in 204.27a calendar month; 204.28    (18) any form of energy assistance payment made through Public Law 97-35, 204.29Low-Income Home Energy Assistance Act of 1981, payments made directly to energy 204.30providers by other public and private agencies, and any form of credit or rebate payment 204.31issued by energy providers; 204.32    (19) Supplemental Security Income (SSI), including retroactive SSI payments and 204.33other income of an SSI recipient, except as described in section 256J.37, subdivision 3b; 204.34    (20) Minnesota supplemental aid, including retroactive payments; 204.35    (21) proceeds from the sale of real or personal property; 205.1    (22) state adoption new text begin or kinship new text end assistance payments under chapter new text begin 256N or new text end 259A, and 205.2up to an equal amount of county adoption assistance payments new text begin Minnesota permanency new text end 205.3 new text begin demonstration title IV-E waiver payments under section 256.01, subdivision 14a new text end ; 205.4    (23) state-funded family subsidy program payments made under section 252.32 to 205.5help families care for children with developmental disabilities, consumer support grant 205.6funds under section 256.476, and resources and services for a disabled household member 205.7under one of the home and community-based waiver services programs under chapter 256B; 205.8    (24) interest payments and dividends from property that is not excluded from and 205.9that does not exceed the asset limit; 205.10    (25) rent rebates; 205.11    (26) income earned by a minor caregiver, minor child through age 6, or a minor 205.12child who is at least a half-time student in an approved elementary or secondary education 205.13program; 205.14    (27) income earned by a caregiver under age 20 who is at least a half-time student in 205.15an approved elementary or secondary education program; 205.16    (28) MFIP child care payments under section 119B.05; 205.17    (29) all other payments made through MFIP to support a caregiver's pursuit of 205.18greater economic stability; 205.19    (30) income a participant receives related to shared living expenses; 205.20    (31) reverse mortgages; 205.21    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title 205.2242, chapter 13A, sections 1771 to 1790; 205.23    (33) benefits provided by the women, infants, and children (WIC) nutrition program, 205.24United States Code, title 42, chapter 13A, section 1786; 205.25    (34) benefits from the National School Lunch Act, United States Code, title 42, 205.26chapter 13, sections 1751 to 1769e; 205.27    (35) relocation assistance for displaced persons under the Uniform Relocation 205.28Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title 205.2942, chapter 61, subchapter II, section 4636, or the National Housing Act, United States 205.30Code, title 12, chapter 13, sections 1701 to 1750jj; 205.31    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter 205.3212, part 2, sections 2271 to 2322; 205.33    (37) war reparations payments to Japanese Americans and Aleuts under United 205.34States Code, title 50, sections 1989 to 1989d; 206.1    (38) payments to veterans or their dependents as a result of legal settlements 206.2regarding Agent Orange or other chemical exposure under Public Law 101-239, section 206.310405, paragraph (a)(2)(E); 206.4    (39) income that is otherwise specifically excluded from MFIP consideration in 206.5federal law, state law, or federal regulation; 206.6    (40) security and utility deposit refunds; 206.7    (41) American Indian tribal land settlements excluded under Public Laws 98-123, 206.898-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech 206.9Lake, and Mille Lacs reservations and payments to members of the White Earth Band, 206.10under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407; 206.11    (42) all income of the minor parent's parents and stepparents when determining the 206.12grant for the minor parent in households that include a minor parent living with parents or 206.13stepparents on MFIP with other children; 206.14    (43) income of the minor parent's parents and stepparents equal to 200 percent of the 206.15federal poverty guideline for a family size not including the minor parent and the minor 206.16parent's child in households that include a minor parent living with parents or stepparents 206.17not on MFIP when determining the grant for the minor parent. The remainder of income is 206.18deemed as specified in section 256J.37, subdivision 1b; 206.19    (44) payments made to children eligible for relative custody assistance under section 206.20257.85 ; 206.21    (45) vendor payments for goods and services made on behalf of a client unless the 206.22client has the option of receiving the payment in cash; 206.23    (46) the principal portion of a contract for deed payment; 206.24    (47) cash payments to individuals enrolled for full-time service as a volunteer under 206.25AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps 206.26National, and AmeriCorps NCCC; and 206.27    (48) housing assistance grants under section 256J.35, paragraph (a). 206.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 206.29    Sec. 12. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is 206.30amended to read: 206.31    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The 206.32following individuals who are part of the assistance unit determined under subdivision 2 206.33are ineligible to receive MFIP: 206.34    (1) individuals who are recipients of Supplemental Security Income or Minnesota 206.35supplemental aid; 207.1    (2) individuals disqualified from the food stamp or food support program or MFIP, 207.2until the disqualification ends; 207.3    (3) children on whose behalf federal, state or local foster care payments are made, 207.4except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2; 207.5     new text begin (4) children receiving ongoing guardianship assistance payments under chapter 256N; new text end 207.6    (4) new text begin (5) new text end children receiving ongoing monthly adoption assistance payments under 207.7chapter new text begin 256N or new text end 259A; and 207.8    (5) new text begin (6) new text end individuals disqualified from the work participation cash benefit program 207.9until that disqualification ends. 207.10    (b) The exclusion of a person under this subdivision does not alter the mandatory 207.11assistance unit composition. 207.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 207.13    Sec. 13. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read: 207.14    Subd. 4. Participant's completion of recertification of eligibility form. A 207.15participant must complete forms prescribed by the commissioner which are required 207.16for recertification of eligibility according to section 256J.32, subdivision 6. new text begin A county new text end 207.17 new text begin agency must end benefits when the participant fails to submit the recertification form and new text end 207.18 new text begin verifications and complete the interview process before the end of the certification period. new text end 207.19 new text begin If the participant submits the recertification form by the last day of the certification period, new text end 207.20 new text begin benefits may be reinstated back to the date of closing when the recertification process is new text end 207.21 new text begin completed during the first month after benefits ended. new text end 207.22    Sec. 14. Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read: 207.23    Subd. 12. Requirement to provide Social Security numbers. Each member 207.24of the assistance unit must provide the member's Social Security number to the county 207.25agency, except for members in the assistance unit who are qualified noncitizens who are 207.26victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7) 207.27 new text begin clauses (8) and (9) new text end . When a Social Security number is not provided to the county agency 207.28for verification, this requirement is satisfied when each member of the assistance unit 207.29cooperates with the procedures for verification of numbers, issuance of duplicate cards, 207.30and issuance of new numbers which have been established jointly between the Social 207.31Security Administration and the commissioner. 207.32    Sec. 15. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read: 208.1    Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an 208.2annual face-to-face interview with the participant. The county agency may waive the 208.3face-to-face interview and conduct a phone interview for participants who qualify under 208.4paragraph (b). new text begin The interview may be conducted by phone, Internet telepresence, or new text end 208.5 new text begin face-to-face in the county office or in another location mutually agreed upon. new text end During the 208.6interview, the county agency shall verify the following: 208.7    (1) presence of the minor child in the home, if questionable; 208.8    (2) income, unless excluded, including self-employment expenses used as a 208.9deduction or deposits or withdrawals from business accounts; 208.10    (3) assets when the value is within $200 of the asset limit; 208.11    (4) information to establish an exception under section 256J.24, subdivision 9, if 208.12questionable; 208.13    (5) inconsistent information, if related to eligibility; and 208.14    (6) whether a single caregiver household meets requirements in section 256J.575, 208.15subdivision 3. 208.16    (b) A participant who is employed any number of hours must be given the option 208.17of conducting a face-to-face or new text begin a new text end phone interview new text begin or Internet telepresence new text end to recertify 208.18eligibility. The participant must be employed at the time the interview is scheduled. If 208.19the participant loses the participant's job between the time the interview is scheduled and 208.20when it is to be conducted, the phone interview may still be conducted. 208.21    Sec. 16. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read: 208.22    Subd. 8. Personal statement. new text begin (a) new text end The county agency may accept a signed personal 208.23statement from the applicant or participant explaining the reasons that the documentation 208.24requested in subdivision 2 is unavailable as sufficient documentation at the time of 208.25application, recertification, or change related to eligibility only for the following factors: 208.26    (1) a claim of family violence if used as a basis to qualify for the family violence 208.27waiver; 208.28    (2) information needed to establish an exception under section 256J.24, subdivision 9; 208.29    (3) relationship of a minor child to caregivers in the assistance unit; 208.30    (4) citizenship status from a noncitizen who reports to be, or is identified as, a victim 208.31of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's 208.32immigration documents are being held by an individual or group of individuals against the 208.33noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement 208.34(ORR) to pursue certification. If verification that certification is being pursued is not 208.35received within 30 days, the MFIP case must be closed and the agency shall pursue 209.1overpayments. The ORR documents certifying the noncitizen's status as a victim of 209.2severe forms of trafficking in persons, or the reason for the delay in processing, must be 209.3received within 90 days, or the MFIP case must be closed and the agency shall pursue 209.4overpayments; and 209.5    (5) other documentation unavailable for reasons beyond the control of the applicant 209.6or participant. Reasonable attempts must have been made to obtain the documents 209.7requested under subdivision 2. 209.8     new text begin (b) After meeting all requirements under section 256J.09, if a county agency new text end 209.9 new text begin determines that an applicant is ineligible due to exceeding limits under sections 256J.20 new text end 209.10 new text begin and 256J.21, a county agency may accept a signed personal statement from the applicant new text end 209.11 new text begin in lieu of documentation verifying ineligibility. new text end 209.12    Sec. 17. Minnesota Statutes 2012, section 256J.38, subdivision 6, is amended to read: 209.13    Subd. 6. Scope of underpayments. A county agency must issue a corrective 209.14payment for underpayments made to a participant or to a person who would be a 209.15participant if an agency or client error causing the underpayment had not occurred. 209.16 new text begin Corrective payments are limited to 12 months prior to the month of discovery. new text end The county 209.17agency must issue the corrective payment according to subdivision 8. 209.18    Sec. 18. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read: 209.19    Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's 209.20approved employment plan that leads to employment. For purposes of the MFIP program, 209.21this includes activities that meet the definition of work activity under the participation 209.22requirements of TANF. Work activity includes: 209.23    (1) unsubsidized employment, including work study and paid apprenticeships or 209.24internships; 209.25    (2) subsidized private sector or public sector employment, including grant diversion 209.26as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid 209.27work experience, and supported work when a wage subsidy is provided; 209.28    (3) unpaid new text begin uncompensated new text end work experience, including community service, volunteer 209.29work, the community work experience program as specified in section 256J.67, unpaid 209.30apprenticeships or internships, and supported work when a wage subsidy is not provided. 209.31Unpaid new text begin Uncompensated new text end work experience is only an option if the participant has been 209.32unable to obtain or maintain paid employment in the competitive labor market, and 209.33no paid work experience programs are available to the participant. Prior to placing a 209.34participant in unpaid new text begin uncompensated new text end work, the county must inform the participant that 210.1the participant will be notified if a paid work experience or supported work position 210.2becomes available. Unless a participant consents in writing to participate in unpaid 210.3 new text begin uncompensated new text end work experience, the participant's employment plan may only include 210.4unpaid new text begin uncompensated new text end work experience if including the unpaid work experience in the 210.5plan will meet the following criteria new text begin are met new text end : 210.6    (i) the unpaid new text begin uncompensated new text end work experience will provide the participant specific 210.7skills or experience that cannot be obtained through other work activity options where the 210.8participant resides or is willing to reside; and 210.9    (ii) the skills or experience gained through the unpaid new text begin uncompensated new text end work 210.10experience will result in higher wages for the participant than the participant could earn 210.11without the unpaid new text begin uncompensated new text end work experience; 210.12    (4) job search including job readiness assistance, job clubs, job placement, 210.13job-related counseling, and job retention services; 210.14    (5) job readiness education, including English as a second language (ESL) or 210.15functional work literacy classes as limited by the provisions of section 256J.531, 210.16subdivision 2 , general educational development (GED) course work, high school 210.17completion, and adult basic education as limited by the provisions of section 256J.531, 210.18subdivision 1 ; 210.19    (6) job skills training directly related to employment, including education and 210.20training that can reasonably be expected to lead to employment, as limited by the 210.21provisions of section 256J.53; 210.22    (7) providing child care services to a participant who is working in a community 210.23service program; 210.24    (8) activities included in the employment plan that is developed under section 210.25256J.521, subdivision 3 ; and 210.26    (9) preemployment activities including chemical and mental health assessments, 210.27treatment, and services; learning disabilities services; child protective services; family 210.28stabilization services; or other programs designed to enhance employability. 210.29    (b) "Work activity" does not include activities done for political purposes as defined 210.30in section 211B.01, subdivision 6. 210.31    Sec. 19. Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read: 210.32    Subdivision 1. Assessments. (a) For purposes of MFIP employment services, 210.33assessment is a continuing process of gathering information related to employability 210.34for the purpose of identifying both participant's strengths and strategies for coping with 210.35issues that interfere with employment. The job counselor must use information from the 211.1assessment process to develop and update the employment plan under subdivision 2 or 211.23, as appropriate, to determine whether the participant qualifies for a family violence 211.3waiver including an employment plan under subdivision 3, and to determine whether the 211.4participant should be referred to family stabilization services under section 256J.575. 211.5    (b) The scope of assessment must cover at least the following areas: 211.6    (1) basic information about the participant's ability to obtain and retain employment, 211.7including: a review of the participant's education level; interests, skills, and abilities; prior 211.8employment or work experience; transferable work skills; child care and transportation 211.9needs; 211.10    (2) identification of personal and family circumstances that impact the participant's 211.11ability to obtain and retain employment, including: any special needs of the children, the 211.12level of English proficiency, family violence issues, and any involvement with social 211.13services or the legal system; 211.14    (3) the results of a mental and chemical health screening tool designed by the 211.15commissioner and results of the brief screening tool for special learning needs. Screening 211.16tools for mental and chemical health and special learning needs must be approved by the 211.17commissioner and may only be administered by job counselors or county staff trained in 211.18using such screening tools. The commissioner shall work with county agencies to develop 211.19protocols for referrals and follow-up actions after screens are administered to participants, 211.20including guidance on how employment plans may be modified based upon outcomes 211.21of certain screens. Participants must be told of the purpose of the screens and how the 211.22information will be used to assist the participant in identifying and overcoming barriers to 211.23employment. Screening for mental and chemical health and special learning needs must 211.24be completed by participants who are unable to find suitable employment after six weeks 211.25of job search under subdivision 2, paragraph (b), and participants who are determined 211.26to have barriers to employment under subdivision 2, paragraph (d) new text begin three months after new text end 211.27 new text begin development of the initial employment plan or earlier if there is a documented need new text end . 211.28Failure to complete the screens will result in sanction under section 256J.46; and 211.29    (4) a comprehensive review of participation and progress for participants who have 211.30received MFIP assistance and have not worked in unsubsidized employment during the 211.31past 12 months. The purpose of the review is to determine the need for additional services 211.32and supports, including placement in subsidized employment or unpaid work experience 211.33under section 256J.49, subdivision 13, or referral to family stabilization services under 211.34section 256J.575. 211.35    (c) Information gathered during a caregiver's participation in the diversionary work 211.36program under section 256J.95 must be incorporated into the assessment process. 212.1    (d) The job counselor may require the participant to complete a professional chemical 212.2use assessment to be performed according to the rules adopted under section 254A.03, 212.3subdivision 3 , including provisions in the administrative rules which recognize the cultural 212.4background of the participant, or a professional psychological assessment as a component 212.5of the assessment process, when the job counselor has a reasonable belief, based on 212.6objective evidence, that a participant's ability to obtain and retain suitable employment 212.7is impaired by a medical condition. The job counselor may assist the participant with 212.8arranging services, including child care assistance and transportation, necessary to meet 212.9needs identified by the assessment. Data gathered as part of a professional assessment 212.10must be classified and disclosed according to the provisions in section 13.46. 212.11    Sec. 20. Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read: 212.12    Subd. 2. Employment plan; contents. (a) Based on the assessment under 212.13subdivision 1, the job counselor and the participant must develop an employment plan 212.14that includes participation in activities and hours that meet the requirements of section 212.15256J.55, subdivision 1 . The purpose of the employment plan is to identify for each 212.16participant the most direct path to unsubsidized employment and any subsequent steps that 212.17support long-term economic stability. The employment plan should be developed using 212.18the highest level of activity appropriate for the participant. Activities must be chosen from 212.19clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of 212.20preference for activities, priority must be given for activities related to a family violence 212.21waiver when developing the employment plan. The employment plan must also list the 212.22specific steps the participant will take to obtain employment, including steps necessary 212.23for the participant to progress from one level of activity to another, and a timetable for 212.24completion of each step. Levels of activity include: 212.25    (1) unsubsidized employment; 212.26    (2) job search; 212.27    (3) subsidized employment or unpaid work experience; 212.28    (4) unsubsidized employment and job readiness education or job skills training; 212.29    (5) unsubsidized employment or unpaid work experience and activities related to 212.30a family violence waiver or preemployment needs; and 212.31    (6) activities related to a family violence waiver or preemployment needs. 212.32    (b) Participants who are determined to possess sufficient skills such that the 212.33participant is likely to succeed in obtaining unsubsidized employment must job search at 212.34least 30 hours per week for up to six weeks new text begin three months new text end and accept any offer of suitable 212.35employment. The remaining hours necessary to meet the requirements of section 256J.55, 213.1subdivision 1 , may be met through participation in other work activities under section 213.2256J.49, subdivision 13 . The participant's employment plan must specify, at a minimum: 213.3(1) whether the job search is supervised or unsupervised new text begin on site or self-directed new text end ; (2) 213.4support services that will be provided; and (3) how frequently the participant must report 213.5to the job counselor. Participants who are unable to find suitable employment after six 213.6weeks new text begin three months new text end must meet with the job counselor to determine whether other activities 213.7in paragraph (a) should be incorporated into the employment plan. Job search activities 213.8which are continued after six weeks new text begin three months new text end must be structured and supervised. 213.9    (c) Participants who are determined to have barriers to obtaining or maintaining 213.10suitable employment that will not be overcome during six weeks new text begin three months new text end of job 213.11search under paragraph (b) must work with the job counselor to develop an employment 213.12plan that addresses those barriers by incorporating appropriate activities from paragraph 213.13(a), clauses (1) to (6). The employment plan must include enough hours to meet the 213.14participation requirements in section 256J.55, subdivision 1, unless a compelling reason to 213.15require fewer hours is noted in the participant's file. 213.16    (d) The job counselor and the participant must sign the employment plan to indicate 213.17agreement on the contents. 213.18    (e) Except as provided under paragraph (f), failure to develop or comply with 213.19activities in the plan, or voluntarily quitting suitable employment without good cause, will 213.20result in the imposition of a sanction under section 256J.46. 213.21    (f) When a participant fails to meet the agreed-upon hours of participation in paid 213.22employment because the participant is not eligible for holiday pay and the participant's 213.23place of employment is closed for a holiday, the job counselor shall not impose a sanction 213.24or increase the hours of participation in any other activity, including paid employment, to 213.25offset the hours that were missed due to the holiday. 213.26    (g) Employment plans must be reviewed at least every three months to determine 213.27whether activities and hourly requirements should be revised. The job counselor is 213.28encouraged to allow participants who are participating in at least 20 hours of work 213.29activities to also participate in education and training activities in order to meet the federal 213.30hourly participation rates. 213.31    Sec. 21. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read: 213.32    Subd. 2. Approval of postsecondary education or training. (a) In order for a 213.33postsecondary education or training program to be an approved activity in an employment 213.34plan, the plan must include additional work activities if the education and training 214.1activities do not meet the minimum hours required to meet the federal work participation 214.2rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35. 214.3    (b) Participants seeking approval of a postsecondary education or training plan must 214.4provide documentation new text begin work with the job counselor to document new text end that: 214.5    (1) the employment goal can only be met with the additional education or training; 214.6    (2) there are suitable employment opportunities that require the specific education or 214.7training in the area in which the participant resides or is willing to reside; 214.8    (3) the education or training will result in significantly higher wages for the 214.9participant than the participant could earn without the education or training; 214.10    (4) the participant can meet the requirements for admission into the program; and 214.11    (5) there is a reasonable expectation that the participant will complete the training 214.12program based on such factors as the participant's MFIP assessment, previous education, 214.13training, and work history; current motivation; and changes in previous circumstances. 214.14    Sec. 22. Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read: 214.15    Subd. 5. Requirements after postsecondary education or training. Upon 214.16completion of an approved education or training program, a participant who does not meet 214.17the participation requirements in section 256J.55, subdivision 1, through unsubsidized 214.18employment must participate in job search. If, after six weeks new text begin three months new text end of job search, 214.19the participant does not find a full-time job consistent with the employment goal, the 214.20participant must accept any offer of full-time suitable employment, or meet with the job 214.21counselor to revise the employment plan to include additional work activities necessary to 214.22meet hourly requirements. 214.23    Sec. 23. Minnesota Statutes 2013 Supplement, section 256J.621, subdivision 1, 214.24is amended to read: 214.25    Subdivision 1. Program characteristics. (a) Effective October 1, 2009, upon 214.26exiting the diversionary work program (DWP) or upon terminating new text begin Within 30 days of new text end 214.27 new text begin exiting new text end the Minnesota family investment program with earnings, a participant who is 214.28employed may be eligible new text begin the county must assess eligibility new text end for work participation cash 214.29benefits of $25 per month to assist in meeting the family's basic needs as the participant 214.30continues to move toward self-sufficiency. new text begin Payment begins effective the first of the month new text end 214.31 new text begin following exit or termination for MFIP and DWP participants. new text end 214.32    (b) To be eligible for work participation cash benefits, the participant shall not 214.33receive MFIP or diversionary work program assistance during the month and the 214.34participant or participants must meet the following work requirements: 215.1    (1) if the participant is a single caregiver and has a child under six years of age, the 215.2participant must be employed at least 87 hours per month; 215.3    (2) if the participant is a single caregiver and does not have a child under six years of 215.4age, the participant must be employed at least 130 hours per month; or 215.5    (3) if the household is a two-parent family, at least one of the parents must be 215.6employed 130 hours per month. 215.7    Whenever a participant exits the diversionary work program or is terminated from 215.8MFIP and meets the other criteria in this section, work participation cash benefits are 215.9available for up to 24 consecutive months. 215.10    (c) Expenditures on the program are maintenance of effort state funds under 215.11a separate state program for participants under paragraph (b), clauses (1) and (2). 215.12Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort 215.13funds. Months in which a participant receives work participation cash benefits under this 215.14section do not count toward the participant's MFIP 60-month time limit. 215.15    Sec. 24. Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read: 215.16    Subd. 5. Innovation projects. Beginning January 1, 2005, no more than $3,000,000 215.17of the funds annually appropriated to the commissioner for use in the consolidated fund 215.18shall be available to the commissioner for projects testing new text begin to reward high-performing new text end 215.19 new text begin counties and tribes, support promising practices, and test new text end innovative approaches to 215.20improving outcomes for MFIP participants, family stabilization services participants, and 215.21persons at risk of receiving MFIP as detailed in subdivision 3. Projects shall new text begin Project new text end 215.22 new text begin funds may new text end be targeted to geographic areas with poor outcomes as specified in section 215.23256J.751, subdivision 5 , or to subgroups within the MFIP case load who are experiencing 215.24poor outcomes. 215.25    Sec. 25. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 6, 215.26is amended to read: 215.27    Subd. 6. Base allocation to counties and tribes; definitions. (a) For purposes of 215.28this section, the following terms have the meanings given. 215.29    (1) "2002 historic spending base" means the commissioner's determination of 215.30the sum of the reimbursement related to fiscal year 2002 of county or tribal agency 215.31expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings 215.32related to calendar year 2002 in the base program listed in clause (6), item (v), and the 215.33amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi), 215.34issued to or on behalf of persons residing in the county or tribal service delivery area. 216.1    (2) "Adjusted caseload factor" means a factor weighted: 216.2    (i) 47 percent on the MFIP cases in each county at four points in time in the most 216.3recent 12-month period for which data is available multiplied by the county's caseload 216.4difficulty factor; and 216.5    (ii) 53 percent on the count of adults on MFIP in each county and tribe at four points 216.6in time in the most recent 12-month period for which data is available multiplied by the 216.7county or tribe's caseload difficulty factor. 216.8    (3) "Caseload difficulty factor" means a factor determined by the commissioner for 216.9each county and tribe based upon the self-support index described in section 256J.751, 216.10subdivision 2 , clause (6). 216.11    (4) "Initial allocation" means the amount potentially available to each county or tribe 216.12based on the formula in paragraphs (b) through (d). 216.13    (5) "Final allocation" means the amount available to each county or tribe based on 216.14the formula in paragraphs (b) through (d), after adjustment by subdivision 7. 216.15    (6) "Base programs" means the: 216.16    (i) MFIP employment and training services under Minnesota Statutes 2002, section 216.17256J.62, subdivision 1 , in effect June 30, 2002; 216.18    (ii) bilingual employment and training services to refugees under Minnesota Statutes 216.192002, section 256J.62, subdivision 6, in effect June 30, 2002; 216.20    (iii) work literacy language programs under Minnesota Statutes 2002, section 216.21256J.62, subdivision 7 , in effect June 30, 2002; 216.22    (iv) supported work program authorized in Laws 2001, First Special Session chapter 216.239, article 17, section 2, in effect June 30, 2002; 216.24    (v) administrative aid program under section 256J.76 in effect December 31, 2002; 216.25and 216.26    (vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48, 216.27in effect June 30, 2002. 216.28    (b) The commissioner shall determine for calendar year 2008 and subsequent years 216.29the initial allocation of funds to be made available under this section based 50 percent on 216.30the proportion of the county or tribe's share of the statewide 2002 historic spending base and 216.3150 percent on the proportion of the county or tribe's share of the adjusted caseload factor. 216.32    (c) With the commencement of a new or expanded tribal TANF program new text begin , or for new text end 216.33 new text begin tribes administering TANF as authorized under Laws 2011, First Special Session chapter new text end 216.34 new text begin 9, article 9, section 18, new text end or an agreement under section 256.01, subdivision 2, paragraph 216.35(g), in which some or all of the responsibilities of particular counties under this section are 216.36transferred to a tribe, the commissioner shall: 217.1    (1) in the case where all responsibilities under this section are transferred to a 217.2 new text begin tribe or new text end tribal program, determine the percentage of the county's current caseload that is 217.3transferring to a tribal program and adjust the affected county's allocation new text begin and tribe's new text end 217.4 new text begin allocations new text end accordingly; and 217.5    (2) in the case where a portion of the responsibilities under this section are 217.6transferred to a new text begin tribe or new text end tribal program, the commissioner shall consult with the affected 217.7county or counties to determine an appropriate adjustment to the allocation. 217.8    (d) Effective January 1, 2005, counties and tribes will have their final allocations 217.9adjusted based on the performance provisions of subdivision 7. 217.10    Sec. 26. Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read: 217.11    Subd. 8. Reporting requirement and reimbursement. (a) The commissioner shall 217.12specify requirements for reporting according to section 256.01, subdivision 2, clause (17). 217.13Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its 217.14allocation and subject to availability of funds. 217.15    (b) Reimbursements for county administrative-related expenditures determined 217.16through the income maintenance random moment time study shall be reimbursed at a 217.17rate of 50 percent of eligible expenditures. 217.18    (c) The commissioner of human services shall review county and tribal agency 217.19expenditures of the MFIP consolidated fund as appropriate and may reallocate 217.20unencumbered or unexpended money appropriated under this section to those county and 217.21tribal agencies that can demonstrate a need for additional money as follows: new text begin . new text end 217.22    (1) to the extent that particular county or tribal allocations are reduced from the 217.23previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4) 217.24to (6), those tribes or counties would have first priority for reallocated funds; and 217.25    (2) To the extent that unexpended funds are insufficient to cover demonstrated need, 217.26funds will new text begin must new text end be prorated to those counties and tribes in relation to demonstrated need. 217.27    Sec. 27. Minnesota Statutes 2012, section 256J.67, is amended to read: 217.28256J.67 COMMUNITY WORK EXPERIENCE. 217.29    Subdivision 1. Establishing the community work experience program. To the 217.30extent of available resources, each county agency may establish and operate a new text begin community new text end 217.31work experience component for MFIP caregivers who are participating in employment and 217.32training services. This option for county agencies supersedes the requirement in section 217.33402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance 217.34for two months and who are not exempt from work requirements must participate in a 218.1work experience program. The purpose of the new text begin community new text end work experience component is 218.2to enhance the caregiver's employability and self-sufficiency and to provide meaningful, 218.3productive work activities. The county shall use this program for an individual after 218.4exhausting all other employment opportunities. The county agency shall not require a 218.5caregiver to participate in the community work experience program unless the caregiver 218.6has been given an opportunity to participate in other work activities. 218.7    Subd. 2. Commissioner's duties. The commissioner shall assist counties in the 218.8design and implementation of these components. 218.9    Subd. 3. Employment options. (a) Work sites developed under this section are 218.10limited to projects that serve a useful public service such as: health, social service, 218.11environmental protection, education, urban and rural development and redevelopment, 218.12welfare, recreation, public facilities, public safety, community service, services to aged 218.13or disabled citizens, and child care. To the extent possible, the prior training, skills, and 218.14experience of a caregiver must be considered in making appropriate work experience 218.15assignments. 218.16    (b) Structured, supervised volunteer new text begin uncompensated new text end work with an agency or 218.17organization, which is monitored by the county service provider, may, with the approval 218.18of the county agency, be used as a new text begin community new text end work experience placement. 218.19    (c) As a condition of placing a caregiver in a program under this section, the county 218.20agency shall first provide the caregiver the opportunity: 218.21    (1) for placement in suitable subsidized or unsubsidized employment through 218.22participation in a job search; or 218.23    (2) for placement in suitable employment through participation in on-the-job 218.24training, if such employment is available. 218.25    Subd. 4. Employment plan. (a) The caretaker's employment plan must include 218.26the length of time needed in the new text begin community new text end work experience program, the need to 218.27continue job-seeking activities while participating in new text begin community new text end work experience, and 218.28the caregiver's employment goals. 218.29    (b) After each six months of a caregiver's participation in a new text begin community new text end work 218.30experience job placement, and at the conclusion of each new text begin community new text end work experience 218.31assignment under this section, the county agency shall reassess and revise, as appropriate, 218.32the caregiver's employment plan. 218.33    (c) A caregiver may claim good cause under section 256J.57, subdivision 1, for 218.34failure to cooperate with a new text begin community new text end work experience job placement. 218.35    (d) The county agency shall limit the maximum number of hours any participant may 218.36work under this section to the amount of the MFIP standard of need divided by the federal 219.1or applicable state minimum wage, whichever is higher. After a participant has been 219.2assigned to a position for nine months, the participant may not continue in that assignment 219.3unless the maximum number of hours a participant works is no greater than the amount of 219.4the MFIP standard of need divided by the rate of pay for individuals employed in the same 219.5or similar occupations by the same employer at the same site. This limit does not apply if 219.6it would prevent a participant from counting toward the federal work participation rate. 219.7    Sec. 28. Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read: 219.8    Subdivision 1. Applicability. (a) This section must be used to determine payment 219.9of any claims resulting from an alleged injury or death of a person participating in a 219.10county or a tribal community new text begin uncompensated new text end work experience program new text begin under section new text end 219.11 new text begin 256J.49, subdivision 13, paragraph (a), clause (3), new text end that is approved by the commissioner 219.12and is operated by: 219.13    (1) the county agency; 219.14    (2) the tribe; 219.15    (3) a department of the state new text begin agency new text end ; or 219.16    (4) a community-based organization under contract, prior to April 1, 1997, with 219.17a new text begin tribe or new text end county agency to provide a community new text begin an uncompensated new text end work experience 219.18program or a food stamp community work experience new text begin employment and training new text end program, 219.19provided the organization has not experienced any individual injury loss or claim greater 219.20than $1,000 new text begin under section 256D.051 new text end . 219.21    (b) This determination method is available to the community-based organization 219.22under paragraph (a), clause (4), only for claims incurred by participants in the community 219.23work experience program or the food stamp community work experience program. 219.24    (c) new text begin (b) new text end This determination method new text begin section new text end applies to new text begin the community work experience new text end 219.25 new text begin program under section 256J.67, the Supplemental Nutrition Assistance Program new text end 219.26 new text begin uncompensated new text end work experience programs authorized new text begin , and other uncompensated work new text end 219.27 new text begin programs approved new text end by the commissioner for persons applying for or receiving cash 219.28assistance and food stamps, and to the Minnesota parent's fair share program, in a 219.29county with an approved community investment program for obligors. new text begin Uncompensated new text end 219.30 new text begin work experience programs are considered to be approved by the commissioner if they new text end 219.31 new text begin are included in an approved tribal or county biennial service agreement under section new text end 219.32 new text begin 256J.626, subdivision 4. new text end 219.33    Sec. 29. Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read: 220.1    Subd. 2. Investigation of the claim. Claims that are subject to this section 220.2must be investigated by the county agency or the tribal program new text begin tribe new text end responsible for 220.3supervising the new text begin placing a participant in an uncompensated new text end work new text begin experience program new text end to 220.4determine whether the claimed injury occurred, whether the claimed medical expenses 220.5are reasonable, and whether the loss is covered by the claimant's insurance. If insurance 220.6coverage is established, the county agency or tribal program new text begin tribe new text end shall submit the claim to 220.7the appropriate insurance entity for payment. The investigating county agency or tribal 220.8program new text begin tribe new text end shall submit all valid new text begin remaining new text end claims, in the amount net of any insurance 220.9payments, to the Department of Human Services. 220.10    Sec. 30. Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read: 220.11    Subd. 4. Claims less than $1,000. The commissioner shall approve a claim of 220.12$1,000 or less for payment if appropriated funds are available, if the county agency 220.13or tribal program new text begin tribe new text end responsible for supervising the new text begin placing a participant in an new text end 220.14 new text begin uncompensated new text end work new text begin experience program new text end has made the determinations required by this 220.15section, and if the work program was operated in compliance with the safety provisions 220.16of this section. The commissioner shall pay the portion of an approved claim of $1,000 220.17or less that is not covered by the claimant's insurance within three months of the date 220.18of submission. On or before February 1 of each year, the commissioner shall submit 220.19to the appropriate committees of the senate and the house of representatives a list of 220.20claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed 220.21by legislative appropriation for any claims that exceed the original appropriation 220.22provided to the commissioner to operate this program new text begin the injury protection program for new text end 220.23 new text begin uncompensated work experience participants new text end . Any unspent money from this appropriation 220.24shall carry over to the second year of the biennium, and any unspent money remaining at 220.25the end of the second year shall be returned to the state general fund. 220.26    Sec. 31. Minnesota Statutes 2012, section 256J.68, subdivision 7, is amended to read: 220.27    Subd. 7. Exclusive procedure. The procedure new text begin procedures new text end established by this 220.28section is new text begin apply to uncompensated work experience programs under subdivision 1 and are new text end 220.29 exclusive of all other legal, equitable, and statutory remedies against the state, its political 220.30subdivisions, or employees of the state or its political subdivisions new text begin under section 13.02, new text end 220.31 new text begin subdivision 11 new text end . The claimant shall not be entitled to seek damages from any state, county, 220.32tribal, or reservation insurance policy or self-insurance program. A provider who accepts 220.33or agrees to accept an injury protection program payment for services provided to an 220.34individual must not require any payment from the individual. 221.1    Sec. 32. Minnesota Statutes 2012, section 256J.68, subdivision 8, is amended to read: 221.2    Subd. 8. Invalid claims. A claim is not valid new text begin invalid new text end for purposes of this section 221.3if the county agency new text begin or tribe new text end responsible for supervising the work new text begin placing a participant new text end 221.4 cannot verify to the commissioner: 221.5    (1) that appropriate safety training and information is provided to all persons being 221.6supervised by the agency new text begin uncompensated work experience site new text end under this section; and 221.7    (2) that all programs involving work by those persons new text begin under subdivision 1 new text end comply 221.8with federal Occupational Safety and Health Administration and state Department of 221.9Labor and Industry safety standards. A claim that is not valid because of new text begin An invalid claim new text end 221.10 new text begin due to a new text end failure to verify safety training or compliance with safety standards will not be 221.11paid by the Department of Human Services or through the legislative claims process and 221.12must be heard, decided, and paid, if appropriate, by the local government unit new text begin county new text end 221.13 new text begin agency new text end or tribal program new text begin tribe new text end responsible for supervising the work of new text begin placing new text end the claimant. 221.14    Sec. 33. Minnesota Statutes 2012, section 256J.751, subdivision 2, is amended to read: 221.15    Subd. 2. Quarterly comparison report. new text begin (a) new text end The commissioner shall report 221.16quarterly to all counties on each county's performance on the following measures: 221.17    (1) percent of MFIP caseload working in paid employment; 221.18    (2) percent of MFIP caseload receiving only the food portion of assistance; 221.19    (3) number of MFIP cases that have left assistance; 221.20    (4) median placement wage rate; 221.21    (5) caseload by months of TANF assistance; 221.22    (6) percent of MFIP and diversionary work program (DWP) cases off cash assistance 221.23or working 30 or more hours per week at one-year, two-year, and three-year follow-up 221.24points from a baseline quarter. This measure is called the self-support index. The 221.25commissioner shall report quarterly an expected range of performance for each county, 221.26county grouping, and tribe on the self-support index. The expected range shall be derived 221.27by a statistical methodology developed by the commissioner in consultation with the 221.28counties and tribes. The statistical methodology shall control differences across counties 221.29in economic conditions and demographics of the MFIP and DWP case load; and 221.30    (7) the TANF work participation rate, defined as the participation requirements 221.31specified under Public Law 109-171, the Deficit Reduction Act of 2005. 221.32     new text begin (b) The commissioner shall not apply the limits on vocational educational training and new text end 221.33 new text begin education activities under Code of Federal Regulations, title 45, section 261.33(c), when new text end 221.34 new text begin determining TANF work participation rates for individual counties under this subdivision. new text end 222.1    Sec. 34. Minnesota Statutes 2012, section 256K.26, subdivision 4, is amended to read: 222.2    Subd. 4. County Eligibility. Counties new text begin and tribes new text end are eligible for funding under 222.3this section. Priority will be given to proposals submitted on behalf of multicounty new text begin and new text end 222.4 new text begin tribal new text end partnerships. 222.5    Sec. 35. new text begin [260D.12] TRIAL HOME VISITS; VOLUNTARY FOSTER CARE FOR new text end 222.6 new text begin TREATMENT. new text end 222.7     new text begin When a child is in foster care for treatment under this chapter, the child's parent new text end 222.8 new text begin and the responsible social services agency may agree that the child is returned to the new text end 222.9 new text begin care of the parent on a trial home visit. The purpose of the trial home visit is to provide new text end 222.10 new text begin sufficient planning for supports and services to the child and family to meet the child's new text end 222.11 new text begin needs following treatment so that the child can return to and remain in the parent's home. new text end 222.12 new text begin During the period of the trial home visit, the agency has placement and care responsibility new text end 222.13 new text begin for the child. The trial home visit shall not exceed six months and may be terminated by new text end 222.14 new text begin either the parent or the agency within ten days' written notice. new text end 222.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 222.16    Sec. 36. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 7, is 222.17amended to read: 222.18    Subd. 7. Report; information provided to parent. (a) An oral report shall be made 222.19immediately by telephone or otherwise. An oral report made by a person required under 222.20subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and 222.21holidays, by a report in writing to the appropriate police department, the county sheriff, the 222.22agency responsible for assessing or investigating the report, or the local welfare agency, 222.23unless the appropriate agency has informed the reporter that the oral information does not 222.24constitute a report under subdivision 10. The local welfare agency shall determine if the 222.25report is accepted for an assessment or investigation as soon as possible but in no event 222.26longer than 24 hours after the report is received. 222.27     new text begin (b) new text end Any report shall be of sufficient content to identify the child, any person believed 222.28to be responsible for the abuse or neglect of the child if the person is known, the nature 222.29and extent of the abuse or neglect and the name and address of the reporter. If requested, 222.30the local welfare agency or the agency responsible for assessing or investigating the report 222.31shall inform the reporter within ten days after the report is made, either orally or in writing, 222.32whether the report was accepted for assessment or investigation. new text begin The local welfare agency new text end 222.33 new text begin or agency responsible for assessing or investigating the report shall accept a report made new text end 222.34 new text begin under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or new text end 223.1 new text begin address as long as the report is otherwise sufficient under this paragraph. new text end Written reports 223.2received by a police department or the county sheriff shall be forwarded immediately to 223.3the local welfare agency or the agency responsible for assessing or investigating the 223.4report. The police department or the county sheriff may keep copies of reports received 223.5by them. Copies of written reports received by a local welfare department or the agency 223.6responsible for assessing or investigating the report shall be forwarded immediately to the 223.7local police department or the county sheriff. 223.8     new text begin (c) When requested, the agency responsible for assessing or investigating a report new text end 223.9 new text begin shall inform the reporter within ten days after the report was made, either orally or in new text end 223.10 new text begin writing, whether the report was accepted or not. If the responsible agency determines the new text end 223.11 new text begin report does not constitute a report under this section, the agency shall advise the reporter new text end 223.12 new text begin the report was screened out. A screened-out report must not be used for any purpose other new text end 223.13 new text begin than making an offer of social services to the subjects of the screened-out report. new text end 223.14    (b) new text begin (d) new text end Notwithstanding paragraph (a), the commissioner of education must inform 223.15the parent, guardian, or legal custodian of the child who is the subject of a report of 223.16alleged maltreatment in a school facility within ten days of receiving the report, either 223.17orally or in writing, whether the commissioner is assessing or investigating the report 223.18of alleged maltreatment. 223.19    (c) new text begin (e) new text end Regardless of whether a report is made under this subdivision, as soon as 223.20practicable after a school receives information regarding an incident that may constitute 223.21maltreatment of a child in a school facility, the school shall inform the parent, legal 223.22guardian, or custodian of the child that an incident has occurred that may constitute 223.23maltreatment of the child, when the incident occurred, and the nature of the conduct 223.24that may constitute maltreatment. 223.25    (d) new text begin (f) new text end A written copy of a report maintained by personnel of agencies, other than 223.26welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. 223.27An individual subject of the report may obtain access to the original report as provided 223.28by subdivision 11. 223.29    Sec. 37. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read: 223.30    Subd. 11c. Welfare, court services agency, and school records maintained. 223.31    Notwithstanding sections 138.163 and 138.17, records maintained or records derived 223.32from reports of abuse by local welfare agencies, agencies responsible for assessing or 223.33investigating the report, court services agencies, or schools under this section shall be 223.34destroyed as provided in paragraphs (a) to (d) by the responsible authority. 224.1    (a) For family assessment cases and cases where an investigation results in no 224.2determination of maltreatment or the need for child protective services, the assessment or 224.3investigation records must be maintained for a period of four years new text begin after the date of the final new text end 224.4 new text begin entry in the case record new text end . Records under this paragraph may not be used for employment, 224.5background checks, or purposes other than to assist in future risk and safety assessments. 224.6    (b) All records relating to reports which, upon investigation, indicate either 224.7maltreatment or a need for child protective services shall be maintained for at least ten 224.8years after the date of the final entry in the case record. 224.9    (c) All records regarding a report of maltreatment, including any notification of intent 224.10to interview which was received by a school under subdivision 10, paragraph (d), shall be 224.11destroyed by the school when ordered to do so by the agency conducting the assessment or 224.12investigation. The agency shall order the destruction of the notification when other records 224.13relating to the report under investigation or assessment are destroyed under this subdivision. 224.14    (d) Private or confidential data released to a court services agency under subdivision 224.1510h must be destroyed by the court services agency when ordered to do so by the local 224.16welfare agency that released the data. The local welfare agency or agency responsible for 224.17assessing or investigating the report shall order destruction of the data when other records 224.18relating to the assessment or investigation are destroyed under this subdivision. 224.19    Sec. 38. Minnesota Statutes 2012, section 626.5561, subdivision 1, is amended to read: 224.20    Subdivision 1. Reports required. (a) Except as provided in paragraph (b), a person 224.21mandated to report under section 626.556, subdivision 3, shall immediately report to the 224.22local welfare agency if the person knows or has reason to believe that a woman is pregnant 224.23and has used a controlled substance for a nonmedical purpose during the pregnancy, 224.24including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages 224.25during the pregnancy in any way that is habitual or excessive. 224.26    (b) A health care professional or a social service professional who is mandated to 224.27report under section 626.556, subdivision 3, is exempt from reporting under paragraph 224.28(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages 224.29during pregnancy if the professional is providing the woman with prenatal care or other 224.30healthcare services. 224.31    (c) Any person may make a voluntary report if the person knows or has reason to 224.32believe that a woman is pregnant and has used a controlled substance for a nonmedical 224.33purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or 224.34has consumed alcoholic beverages during the pregnancy in any way that is habitual or 224.35excessive. 225.1     new text begin (d) new text end An oral report shall be made immediately by telephone or otherwise. An oral 225.2report made by a person required to report shall be followed within 72 hours, exclusive 225.3of weekends and holidays, by a report in writing to the local welfare agency. Any report 225.4shall be of sufficient content to identify the pregnant woman, the nature and extent of the 225.5use, if known, and the name and address of the reporter. new text begin The local welfare agency shall new text end 225.6 new text begin accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter new text end 225.7 new text begin to provide the reporter's name or address as long as the report is otherwise sufficient. new text end 225.8    (d) new text begin (e) new text end For purposes of this section, "prenatal care" means the comprehensive 225.9package of medical and psychological support provided throughout the pregnancy. 225.10ARTICLE 12 225.11APPROPRIATIONS 225.12 new text begin APPROPRIATIONS new text end 225.13 new text begin Available for the Year new text end 225.14 new text begin Ending June 30 new text end 225.15 new text begin 2014 new text end new text begin 2015 new text end 225.16 Section 1. new text begin APPROPRIATIONS new text end new text begin $ new text end new text begin $ new text end 225.17 new text begin Board of Behavioral Health and Therapy new text end new text begin -0- new text end new text begin 8,000 new text end 225.18 new text begin This appropriation is from the state new text end 225.19 new text begin government special revenue fund for board new text end 225.20 new text begin member per diem payments and licensing new text end 225.21 new text begin activity. new text end 225.22 new text begin Board of Chiropractic Examiners new text end new text begin -0- new text end new text begin 10,000 new text end 225.23 new text begin This appropriation is from the state new text end 225.24 new text begin government special revenue fund for board new text end 225.25 new text begin member per diem payments. new text end 225.26 new text begin Board of Dentistry new text end new text begin -0- new text end new text begin 39,000 new text end 225.27 new text begin This appropriation is from the state new text end 225.28 new text begin government special revenue fund for board new text end 225.29 new text begin member per diem payments. new text end 225.30 new text begin Board of Dietetics and Nutrition Practice new text end new text begin -0- new text end new text begin 1,000 new text end 225.31 new text begin This appropriation is from the state new text end 225.32 new text begin government special revenue fund for board new text end 225.33 new text begin member per diem payments. new text end 226.1 new text begin Board of Marriage and Family Therapy new text end new text begin -0- new text end new text begin 4,000 new text end 226.2 new text begin This appropriation is from the state new text end 226.3 new text begin government special revenue fund for board new text end 226.4 new text begin member per diem payments and licensing new text end 226.5 new text begin activity. new text end 226.6 new text begin Board of Medical Practice new text end new text begin -0- new text end new text begin 38,000 new text end 226.7 new text begin This appropriation is from the state new text end 226.8 new text begin government special revenue fund for board new text end 226.9 new text begin member per diem payments. new text end 226.10 new text begin Board of Nursing new text end new text begin -0- new text end new text begin 266,000 new text end 226.11 new text begin This appropriation is from the state new text end 226.12 new text begin government special revenue fund for board new text end 226.13 new text begin member per diem payments and licensing new text end 226.14 new text begin activity. new text end 226.15 new text begin Board of Nursing Home Administrators new text end new text begin -0- new text end new text begin 2,000 new text end 226.16 new text begin This appropriation is from the state new text end 226.17 new text begin government special revenue fund for board new text end 226.18 new text begin member per diem payments. new text end 226.19 new text begin Board of Optometry new text end new text begin -0- new text end new text begin 1,000 new text end 226.20 new text begin This appropriation is from the state new text end 226.21 new text begin government special revenue fund for board new text end 226.22 new text begin member per diem payments. new text end 226.23 new text begin Board of Pharmacy new text end new text begin -0- new text end new text begin 2,000 new text end 226.24 new text begin This appropriation is from the state new text end 226.25 new text begin government special revenue fund for board new text end 226.26 new text begin member per diem payments. new text end 226.27 new text begin Board of Physical Therapy new text end new text begin -0- new text end new text begin 4,000 new text end 226.28 new text begin This appropriation is from the state new text end 226.29 new text begin government special revenue fund for board new text end 226.30 new text begin member per diem payments. new text end 226.31 new text begin Board of Podiatric Medicine new text end new text begin -0- new text end new text begin 1,000 new text end 227.1 new text begin This appropriation is from the state new text end 227.2 new text begin government special revenue fund for board new text end 227.3 new text begin member per diem payments. new text end 227.4 new text begin Board of Psychology new text end new text begin -0- new text end new text begin 15,000 new text end 227.5 new text begin This appropriation is from the state new text end 227.6 new text begin government special revenue fund for board new text end 227.7 new text begin member per diem payments. new text end 227.8 new text begin Board of Social Work new text end new text begin -0- new text end new text begin 17,000 new text end 227.9 new text begin This appropriation is from the state new text end 227.10 new text begin government special revenue fund for board new text end 227.11 new text begin member per diem payments and licensing new text end 227.12 new text begin activity. new text end 227.13 new text begin Board of Veterinary Medicine new text end new text begin -0- new text end new text begin 2,000 new text end 227.14 new text begin This appropriation is from the state new text end 227.15 new text begin government special revenue fund for board new text end 227.16 new text begin member per diem payments. new text end 227.17    Sec. 2. new text begin APPROPRIATION. new text end 227.18 new text begin $210,000 in fiscal year 2015 is appropriated from the state government special new text end 227.19 new text begin revenue fund to the Board of Pharmacy to implement changes to the prescription monitoring new text end 227.20 new text begin program. The base for this appropriation is $171,000 in fiscal years 2016 and 2017. new text end " 227.21Delete the title and insert: 227.22"A bill for an act 227.23relating to state government; making changes to health and human services 227.24policy provisions; modifying provisions relating to children and family 227.25services, the provision of health services, chemical and mental health services, 227.26health-related occupations, Department of Health, public health, continuing care, 227.27public assistance programs, and health care; establishing reporting requirements 227.28and grounds for disciplinary action for health professionals; making changes to 227.29the medical assistance program; modifying provisions governing child care and 227.30juvenile safety and placement; regulating the sale and use of tobacco-related and 227.31electronic delivery devices; modifying requirements for local boards of health; 227.32making changes to provisions governing the Board of Pharmacy; modifying 227.33home and community-based services standards; revising the Minnesota family 227.34investment program; establishing and modifying task forces and advisory 227.35councils; making changes to grant programs; modifying certain penalty fees; 227.36requiring studies and reports; authorizing rulemaking; appropriating money; 227.37amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497, 227.38subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.414, 227.39subdivisions 2, 3, by adding a subdivision; 144.4165; 144D.065; 145.928, by 227.40adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions; 228.1145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended; 228.2145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions; 228.3145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 228.4146A.01, subdivision 6; 148.01, subdivisions 1, 2, by adding a subdivision; 228.5148.105, subdivision 1; 148.261, subdivision 4, by adding a subdivision; 228.6148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1; 228.7148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision 228.81; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding 228.9a subdivision; 148.7814; 148.995, subdivision 2; 148.996, subdivision 2; 228.10148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, 228.11subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, 228.12subdivisions 3, 8, 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.361, 228.13subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 152.126, 228.14as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.09, 228.15subdivision 3; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 228.16214.29; 214.31; 214.32, by adding a subdivision; 214.33, subdivision 3, by 228.17adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a; 228.18245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding 228.19a subdivision; 254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659, 228.20subdivisions 11, 28; 256B.493, subdivision 1; 256B.5016, subdivision 1; 228.21256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 228.22256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by 228.23adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, 228.24subdivisions 1a, 2a; 256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, 228.25subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, 228.26subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, 228.27subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, 228.28subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.212, 228.29subdivision 2; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05; 228.30325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855; 228.31626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013 228.32Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2; 228.33144.494, subdivision 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 228.343, by adding subdivisions; 144A.4799, subdivision 3; 145A.06, subdivision 7; 228.35146A.11, subdivision 1; 151.252, by adding a subdivision; 152.02, subdivision 228.362; 245A.1435; 245A.50, subdivision 5; 245D.071, subdivisions 1, 4; 245D.09, 228.37subdivisions 4, 4a, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, 228.38subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 228.39256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85, 228.40subdivision 12; 256D.44, subdivision 5; 256J.21, subdivision 2; 256J.24, 228.41subdivision 3; 256J.621, subdivision 1; 256J.626, subdivision 6; 260.835, 228.42subdivision 2; 364.09; 626.556, subdivision 7; 626.557, subdivision 9; Laws 228.432011, First Special Session chapter 9, article 7, section 7; article 9, section 17; 228.44Laws 2013, chapter 108, article 7, section 60; 2014 H.F. No. 2950, article 1, 228.45section 12, if enacted; proposing coding for new law in Minnesota Statutes, 228.46chapters 144; 144D; 145; 146A; 150A; 151; 214; 245A; 260D; 325H; 403; 461; 228.47repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, 228.48subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 228.491, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 228.503; 148.7808, subdivision 2; 148.7813; 256.01, subdivision 32; 325H.06; 228.51325H.08; Minnesota Statutes 2013 Supplement, section 148.6440; Minnesota 228.52Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, 228.53subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 228.549505.5315; 9505.5325; 9525.1580." 229.1 We request the adoption of this report and repassage of the bill. 229.2 House Conferees: 229.3 ..... ..... 229.4 Tina Liebling Diane Loeffler 229.5 ..... ..... 229.6 Laurie Halverson Will Morgan 229.7 ..... 229.8 Tara Mack 229.9 Senate Conferees: 229.10 ..... ..... 229.11 Kathy Sheran Melissa H. Wiklund 229.12 ..... ..... 229.13 Julie A. Rosen Tony Lourey 229.14 ..... 229.15 Jeff Hayden