1.1 	A bill for an act
1.2 	relating to health; modifying a provision in the health professional education 
1.3 	loan forgiveness program; requiring radon education disclosure for residential 
1.4 	real property; changing provisions for tuberculosis standards; changing adverse 
1.5 	health events reporting requirements; modifying a poison control provision; 
1.6 	providing liability coverage for certain volunteer medical personnel and 
1.7 	permitting agreements to conduct criminal background studies; defining 
1.8 	occupational therapy practitioners; changing provisions for occupational therapy; 
1.9 	amending prescribing authority for legend drugs;amending Minnesota Statutes 
1.10 	2012, sections 144.1501, subdivision 4; 144.50, by adding a subdivision; 144.55, 
1.11 	subdivision 3; 144.56, by adding a subdivision; 144.7065, subdivisions 2, 3, 4, 
1.12 	5, 6, 7, by adding a subdivision; 144A.04, by adding a subdivision; 144A.45, 
1.13 	by adding a subdivision; 144A.752, by adding a subdivision; 144D.08; 145.93, 
1.14 	subdivision 3; 145A.04, by adding a subdivision; 145A.06, subdivision 7; 
1.15 	148.6402, by adding a subdivision; 148.6440; 151.37, subdivision 2; proposing 
1.16 	coding for new law in Minnesota Statutes, chapters 144; 145A; repealing 
1.17 	Minnesota Statutes 2012, sections 144.1487; 144.1488, subdivisions 1, 3, 4; 
1.18 	144.1489; 144.1490; 144.1491.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2012, section 144.1501, subdivision 4, is amended to read:
1.21 		Subd. 4.Loan forgiveness. The commissioner of health may select applicants 
1.22 	each year for participation in the loan forgiveness program, within the limits of available 
1.23 	funding. The commissioner shall distribute available funds for loan forgiveness 
1.24 	proportionally among the eligible professions according to the vacancy rate for each 
1.25 	profession in the required geographic area, facility type, teaching area, patient group, 
1.26 	or specialty type specified in subdivision 2. The commissioner shall allocate funds for 
1.27 	physician loan forgiveness so that 75 percent of the funds available are used for rural 
1.28 	physician loan forgiveness and 25 percent of the funds available are used for underserved 
1.29 	urban communities and pediatric psychiatry loan forgiveness. If the commissioner does 
1.30 	not receive enough qualified applicants each year to use the entire allocation of funds for 
2.1 	any eligible profession, the remaining funds may be allocated proportionally among the 
2.2 	other eligible professions according to the vacancy rate for each profession in the required 
2.3 	geographic area, patient group, or facility type specified in subdivision 2. Applicants are 
2.4 	responsible for securing their own qualified educational loans. The commissioner shall 
2.5 	select participants based on their suitability for practice serving the required geographic 
2.6 	area or facility type specified in subdivision 2, as indicated by experience or training. The 
2.7 	commissioner shall give preference to applicants closest to completing their training. 
2.8 	For each year that a participant meets the service obligation required under subdivision 
2.9 	3, up to a maximum of four years, the commissioner shall make annual disbursements 
2.10 	directly to the participant equivalent to 15 percent of the average educational debt for 
2.11 	indebted graduates in their profession in the year closest to the applicant's selection for 
2.12 	which information is available, not to exceed the balance of the participant's qualifying 
2.13 	educational loans. Before receiving loan repayment disbursements and as requested, the 
2.14 	participant must complete and return to the commissioner an affidavit a confirmation of 
2.15 	practice form provided by the commissioner verifying that the participant is practicing 
2.16 	as required under subdivisions 2 and 3. The participant must provide the commissioner 
2.17 	with verification that the full amount of loan repayment disbursement received by the 
2.18 	participant has been applied toward the designated loans. After each disbursement, 
2.19 	verification must be received by the commissioner and approved before the next loan 
2.20 	repayment disbursement is made. Participants who move their practice remain eligible for 
2.21 	loan repayment as long as they practice as required under subdivision 2.

2.22 	Sec. 2. [144.496] MINNESOTA RADON AWARENESS ACT.
2.23 		Subdivision 1.Citation. This section may be cited as the "Minnesota Radon 
2.24 	Awareness Act."
2.25 		Subd. 2.Definitions. (a) The following terms used in this section have the meanings 
2.26 	give them.
2.27 	(b) "Buyer" means any individual, partnership, corporation, or trustee entering into 
2.28 	an agreement to purchase any residential real estate or interest in real property.
2.29 	(c) "Elevated radon concentration" means a radon concentration above the United 
2.30 	States Environmental Protection Agency's radon action level.
2.31 	(d) "Mitigation" means measures designed to permanently reduce indoor radon 
2.32 	concentrations.
2.33 	(e) "Radon test" means a measurement of indoor radon concentrations according to 
2.34 	established industry standards for residential real property.
3.1 	(f) "Residential real property" means property occupied as, or intended to be 
3.2 	occupied as, a single-family residence, including a unit in a common interest community 
3.3 	as defined in section 515B.1-103, clause (10), regardless of whether the unit is in a 
3.4 	common interest community not subject to chapter 515B.
3.5 	(g) "Seller" means any individual, partnership, corporation, or trustee transferring 
3.6 	residential real property in return for consideration.
3.7 		Subd. 3.Radon disclosure. (a) Before signing an agreement to sell or transfer 
3.8 	residential real property, the seller or transferor shall disclose in writing to the buyer 
3.9 	or transferee any knowledge the seller or transferor has of radon concentrations in the 
3.10 	dwelling. The disclosure shall include:
3.11 	(1) whether a radon test or tests have occurred on the property;
3.12 	(2) the most current records and reports pertaining to radon concentrations within 
3.13 	the dwelling;
3.14 	(3) a description of any radon concentrations, mitigation, or remediation;
3.15 	(4) information regarding the radon mitigation system, including system description 
3.16 	and documentation, if such system has been installed in the dwelling; and
3.17 	(5) a radon warning statement, meeting the requirements of subdivision 4.
3.18 	(b) The seller or transferor shall provide the buyer or transferee with the Minnesota 
3.19 	Department of Health publication entitled "Radon in Real Estate Transactions."
3.20 	(c) If any of the requirements of this section occur after the buyer signs an agreement 
3.21 	to purchase or transfer the residential real property, the seller shall complete the required 
3.22 	activities prior to signing an agreement to sell or transfer the residential real property 
3.23 	and allow the buyer an opportunity to review the information and possibly amend the 
3.24 	agreement without penalty to the buyer.
3.25 		Subd. 4.Radon warning statement. The radon warning statement must include 
3.26 	the following language:
3.27 	"Radon Warning Statement
3.28 	The Minnesota Department of Health strongly recommends that ALL homebuyers 
3.29 	have an indoor radon test performed prior to purchasing or taking occupancy and 
3.30 	recommends having the radon levels mitigated if elevated radon concentrations are found. 
3.31 	Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, 
3.32 	if applicable, radon mitigator.
3.33 	Every buyer of an interest in residential real property is notified that the property 
3.34 	may present exposure to dangerous levels of indoor radon gas that may place the occupants 
3.35 	at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is 
3.36 	the leading cause of lung cancer in nonsmokers and the second leading cause overall. The 
4.1 	seller of an interest in residential real property is required to provide the buyer with any 
4.2 	information on radon test results of the dwelling."

4.3 	EFFECTIVE DATE. This section is effective January 1, 2014, and applies to an 
4.4 	agreement to sell or transfer residential real property executed on or after that date.

4.5 	Sec. 3. Minnesota Statutes 2012, section 144.50, is amended by adding a subdivision 
4.6 	to read:
4.7 		Subd. 8.Supervised living facility provider; tuberculosis prevention and 
4.8 	control. (a) A supervised living facility provider must establish and maintain a 
4.9 	comprehensive tuberculosis infection control program according to the most current 
4.10 	tuberculosis infection control guidelines issued by the United States Centers for Disease 
4.11 	Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in 
4.12 	CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a 
4.13 	tuberculosis infection control plan that covers all paid and unpaid employees, contractors, 
4.14 	students, and volunteers. The Department of Health shall provide technical assistance 
4.15 	regarding implementation of the guidelines.
4.16 	(b) Written compliance with this subdivision must be maintained by the provider.

4.17 	Sec. 4. Minnesota Statutes 2012, section 144.55, subdivision 3, is amended to read:
4.18 		Subd. 3.Standards for licensure. (a) Notwithstanding the provisions of section 
4.19 	144.56, for the purpose of hospital licensure, the commissioner of health shall use as 
4.20 	minimum standards the hospital certification regulations promulgated pursuant to Title 
4.21 	XVIII of the Social Security Act, United States Code, title 42, section 1395, et seq. The 
4.22 	commissioner may use as minimum standards changes in the federal hospital certification 
4.23 	regulations promulgated after May 7, 1981, if the commissioner finds that such changes 
4.24 	are reasonably necessary to protect public health and safety. The commissioner shall also 
4.25 	promulgate in rules additional minimum standards for new construction.
4.26 	(b) Each hospital and outpatient surgical center shall establish policies and 
4.27 	procedures to prevent the transmission of human immunodeficiency virus and hepatitis B 
4.28 	virus to patients and within the health care setting. The policies and procedures shall be 
4.29 	developed in conformance with the most recent recommendations issued by the United 
4.30 	States Department of Health and Human Services, Public Health Service, Centers for 
4.31 	Disease Control. The commissioner of health shall evaluate a hospital's compliance with 
4.32 	the policies and procedures according to subdivision 4.
4.33 	(c) An outpatient surgical center provider must establish and maintain a 
4.34 	comprehensive tuberculosis infection control program according to the most current 
5.1 	tuberculosis infection control guidelines issued by the United States Centers for Disease 
5.2 	Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in 
5.3 	CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a 
5.4 	tuberculosis infection control plan that covers all paid and unpaid employees, contractors, 
5.5 	students, and volunteers. The Department of Health shall provide technical assistance 
5.6 	regarding implementation of the guidelines.
5.7 	(d) Written compliance with this subdivision must be maintained by the provider.

5.8 	Sec. 5. Minnesota Statutes 2012, section 144.56, is amended by adding a subdivision 
5.9 	to read:
5.10 		Subd. 2c.Boarding care home provider; tuberculosis prevention and control.
 5.11 	(a) A boarding care home provider must establish and maintain a comprehensive 
5.12 	tuberculosis infection control program according to the most current tuberculosis infection 
5.13 	control guidelines issued by the United States Centers for Disease Control and Prevention 
5.14 	(CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and 
5.15 	Mortality Weekly Report (MMWR). This program must include a tuberculosis infection 
5.16 	control plan that covers all paid and unpaid employees, contractors, students, residents, 
5.17 	and volunteers. The Department of Health shall provide technical assistance regarding 
5.18 	implementation of the guidelines.
5.19 	(b) Written compliance with this subdivision must be maintained by the provider.

5.20 	Sec. 6. Minnesota Statutes 2012, section 144.7065, subdivision 2, is amended to read:
5.21 		Subd. 2.Surgical events. Events reportable under this subdivision are:
5.22 	(1) surgery or other invasive procedure performed on a wrong body part that is not 
5.23 	consistent with the documented informed consent for that patient. Reportable events under 
5.24 	this clause do not include situations requiring prompt action that occur in the course of 
5.25 	surgery or situations whose urgency precludes obtaining informed consent;
5.26 	(2) surgery or other invasive procedure performed on the wrong patient;
5.27 	(3) the wrong surgical or other invasive procedure performed on a patient that is 
5.28 	not consistent with the documented informed consent for that patient. Reportable events 
5.29 	under this clause do not include situations requiring prompt action that occur in the course 
5.30 	of surgery or situations whose urgency precludes obtaining informed consent;
5.31 	(4) retention of a foreign object in a patient after surgery or other invasive procedure, 
5.32 	excluding objects intentionally implanted as part of a planned intervention and objects 
5.33 	present prior to surgery that are intentionally retained; and
6.1 	(5) death during or immediately after surgery or other invasive procedure of a 
6.2 	normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric 
6.3 	disturbance and for whom the pathologic processes for which the operation is to be 
6.4 	performed are localized and do not entail a systemic disturbance.

6.5 	Sec. 7. Minnesota Statutes 2012, section 144.7065, subdivision 3, is amended to read:
6.6 		Subd. 3.Product or device events. Events reportable under this subdivision are:
6.7 	(1) patient death or serious disability injury associated with the use of contaminated 
6.8 	drugs, devices, or biologics provided by the facility when the contamination is the result 
6.9 	of generally detectable contaminants in drugs, devices, or biologics regardless of the 
6.10 	source of the contamination or the product;
6.11 	(2) patient death or serious disability injury associated with the use or function of 
6.12 	a device in patient care in which the device is used or functions other than as intended. 
6.13 	"Device" includes, but is not limited to, catheters, drains, and other specialized tubes, 
6.14 	infusion pumps, and ventilators; and
6.15 	(3) patient death or serious disability injury associated with intravascular air 
6.16 	embolism that occurs while being cared for in a facility, excluding deaths associated with 
6.17 	neurosurgical procedures known to present a high risk of intravascular air embolism.

6.18 	Sec. 8. Minnesota Statutes 2012, section 144.7065, subdivision 4, is amended to read:
6.19 		Subd. 4.Patient protection events. Events reportable under this subdivision are:
6.20 	(1) an infant a patient of any age, who does not have decision-making capacity,
6.21 	 discharged to the wrong person;
6.22 	(2) patient death or serious disability injury associated with patient disappearance, 
6.23 	excluding events involving adults who have decision-making capacity; and
6.24 	(3) patient suicide or, attempted suicide resulting in serious disability injury, or 
6.25 	self-harm resulting in serious injury or death while being cared for in a facility due to 
6.26 	patient actions after admission to the facility, excluding deaths resulting from self-inflicted 
6.27 	injuries that were the reason for admission to the facility.

6.28 	Sec. 9. Minnesota Statutes 2012, section 144.7065, subdivision 5, is amended to read:
6.29 		Subd. 5.Care management events. Events reportable under this subdivision are:
6.30 	(1) patient death or serious disability injury associated with a medication error, 
6.31 	including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong 
6.32 	patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of 
7.1 	administration, excluding reasonable differences in clinical judgment on drug selection 
7.2 	and dose;
7.3 	(2) patient death or serious disability injury associated with a hemolytic reaction 
7.4 	due to the administration of ABO/HLA-incompatible unsafe administration of blood 
7.5 	or blood products;
7.6 	(3) maternal death or serious disability injury associated with labor or delivery in a 
7.7 	low-risk pregnancy while being cared for in a facility, including events that occur within 
7.8 	42 days postdelivery and excluding deaths from pulmonary or amniotic fluid embolism, 
7.9 	acute fatty liver of pregnancy, or cardiomyopathy;
7.10 	(4) patient death or serious disability directly related to hypoglycemia, the onset of 
7.11 	which occurs while the patient is being cared for in a facility death or serious injury of a 
7.12 	neonate associated with labor or delivery in a low-risk pregnancy;
7.13 	(5) death or serious disability, including kernicterus, associated with failure 
7.14 	to identify and treat hyperbilirubinemia in neonates during the first 28 days of life. 
7.15 	"Hyperbilirubinemia" means bilirubin levels greater than 30 milligrams per deciliter;
7.16 	(6) (5) stage 3 or 4 or unstageable ulcers acquired after admission to a facility, 
7.17 	excluding progression from stage 2 to stage 3 if stage 2 was recognized upon admission;
7.18 	(7) patient death or serious disability due to spinal manipulative therapy; and
7.19 	(8) (6) artificial insemination with the wrong donor sperm or wrong egg.;
7.20 	(7) patient death or serious injury associated with a fall while being cared for in 
7.21 	a facility;
7.22 	(8) the irretrievable loss of an irreplaceable biological specimen; and
7.23 	(9) patient death or serious injury resulting from the failure to follow up or 
7.24 	communicate laboratory, pathology, or radiology test results.

7.25 	Sec. 10. Minnesota Statutes 2012, section 144.7065, subdivision 6, is amended to read:
7.26 		Subd. 6.Environmental events. Events reportable under this subdivision are:
7.27 	(1) patient death or serious disability injury associated with an electric shock while 
7.28 	being cared for in a facility, excluding events involving planned treatments such as electric 
7.29 	countershock;
7.30 	(2) any incident in which a line designated for oxygen or other gas to be delivered to 
7.31 	a patient contains the wrong gas or is contaminated by toxic substances;
7.32 	(3) patient death or serious disability injury associated with a burn incurred from any 
7.33 	source while being cared for in a facility; and
7.34 	(4) patient death or serious disability associated with a fall while being cared for in 
7.35 	a facility; and
8.1 	(5) (4) patient death or serious disability injury associated with the use or lack of 
8.2 	restraints or bedrails while being cared for in a facility.

8.3 	Sec. 11. Minnesota Statutes 2012, section 144.7065, subdivision 7, is amended to read:
8.4 		Subd. 7.Potential criminal events. Events reportable under this subdivision are:
8.5 	(1) any instance of care ordered by or provided by someone impersonating a 
8.6 	physician, nurse, pharmacist, or other licensed health care provider;
8.7 	(2) abduction of a patient of any age;
8.8 	(3) sexual assault on a patient within or on the grounds of a facility; and
8.9 	(4) death or significant serious injury of a patient or staff member resulting from a 
8.10 	physical assault that occurs within or on the grounds of a facility.

8.11 	Sec. 12. Minnesota Statutes 2012, section 144.7065, is amended by adding a 
8.12 	subdivision to read:
8.13 		Subd. 7a.Radiologic events. Death or serious injury of a patient associated with 
8.14 	the introduction of a metallic object into the MRI area are reportable events under this 
8.15 	subdivision.

8.16 	Sec. 13. Minnesota Statutes 2012, section 144A.04, is amended by adding a 
8.17 	subdivision to read:
8.18 		Subd. 3b.Nursing home providers; tuberculosis prevention and control. (a) 
8.19 	A nursing home provider must establish and maintain a comprehensive tuberculosis 
8.20 	infection control program according to the most current tuberculosis infection control 
8.21 	guidelines issued by the United States Centers for Disease Control and Prevention (CDC), 
8.22 	Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality 
8.23 	Weekly Report (MMWR). This program must include a tuberculosis infection control plan 
8.24 	that covers all paid and unpaid employees, contractors, students, residents, and volunteers. 
8.25 	The Department of Health shall provide technical assistance regarding implementation of 
8.26 	the guidelines.
8.27 	(b) Written compliance with this subdivision must be maintained by the provider.

8.28 	Sec. 14. Minnesota Statutes 2012, section 144A.45, is amended by adding a 
8.29 	subdivision to read:
8.30 		Subd. 6.Home care providers; tuberculosis prevention and control. (a) A home 
8.31 	care provider must establish and maintain a comprehensive tuberculosis infection control 
8.32 	program according to the most current tuberculosis infection control guidelines issued 
9.1 	by the United States Centers for Disease Control and Prevention (CDC), Division of 
9.2 	Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report 
9.3 	(MMWR). This program must include a tuberculosis infection control plan that covers 
9.4 	all paid and unpaid employees, contractors, students, and volunteers. The Department of 
9.5 	Health shall provide technical assistance regarding implementation of the guidelines. 
9.6 	(b) Written compliance with this subdivision must be maintained by the provider.

9.7 	Sec. 15. Minnesota Statutes 2012, section 144A.752, is amended by adding a 
9.8 	subdivision to read:
9.9 		Subd. 5.Hospice providers; tuberculosis prevention and control. (a) A hospice 
9.10 	provider must establish and maintain a comprehensive tuberculosis infection control 
9.11 	program according to the most current tuberculosis infection control guidelines issued 
9.12 	by the United States Centers for Disease Control and Prevention (CDC), Division of 
9.13 	Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report 
9.14 	(MMWR). This program must include a tuberculosis infection control plan that covers 
9.15 	all paid and unpaid employees, contractors, students, and volunteers. For residential 
9.16 	hospice facilities, the tuberculosis infection control plan must cover each hospice patient. 
9.17 	The Department of Health shall provide technical assistance regarding implementation of 
9.18 	the guidelines.
9.19 	(b) Written compliance with this subdivision must be maintained by the provider.

9.20 	Sec. 16. Minnesota Statutes 2012, section 144D.08, is amended to read:
9.21 	144D.08 UNIFORM CONSUMER INFORMATION GUIDE.
9.22 	All housing with services establishments shall make available to all prospective 
9.23 	and current residents information consistent with the uniform format and the required 
9.24 	components adopted by the commissioner under section 144G.06. This section does not 
9.25 	apply to an establishment registered under section 144D.025 serving the homeless.

9.26 	Sec. 17. Minnesota Statutes 2012, section 145.93, subdivision 3, is amended to read:
9.27 		Subd. 3.Grant award; designation; payments under grant. Each odd-numbered
9.28 	 Every fifth year, the commissioner shall solicit applications for the poison information 
9.29 	centers by giving reasonable public notice of the availability of money appropriated or 
9.30 	otherwise available. The commissioner shall select from among the entities, whether profit 
9.31 	or nonprofit, or units of government the applicants that best fulfill the criteria specified in 
9.32 	subdivision 4. The grant shall be paid to the grantees quarterly beginning on July 1.

10.1 	Sec. 18. Minnesota Statutes 2012, section 145A.04, is amended by adding a 
10.2 	subdivision to read:
10.3 		Subd. 6d.Minnesota Responds Medical Reserve Corps; liability coverage. A 
10.4 	Minnesota Responds Medical Reserve Corps volunteer responding to a request for training 
10.5 	or assistance at the call of a board of health must be deemed an employee of the jurisdiction 
10.6 	for purposes of workers' compensation, tort claim defense, and indemnification.

10.7 	Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 7, is amended to read:
10.8 		Subd. 7. Commissioner requests for health volunteers. (a) When the 
10.9 	commissioner receives a request for health volunteers from:
10.10 	(1) a local board of health according to section 145A.04, subdivision 6c;
10.11 	(2) the University of Minnesota Academic Health Center;
10.12 	(3) another state or a territory through the Interstate Emergency Management 
10.13 	Assistance Compact authorized under section 192.89;
10.14 	(4) the federal government through ESAR-VHP or another similar program; or
10.15 	(5) a tribal or Canadian government;
10.16 	the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 
10.17 	Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 
10.18 	the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 
10.19 	respond to the request. The commissioner may also ask for Minnesota Responds Medical 
10.20 	Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
10.21 	(b) The commissioner may request Minnesota Responds Medical Reserve Corps 
10.22 	volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 
10.23 	or temporary units providing emergency patient stabilization, medical transport, or 
10.24 	ambulatory care. The commissioner may utilize the volunteers for training, mobilization 
10.25 	or demobilization, inspection, maintenance, repair, or other support functions for the 
10.26 	MMU facility or for other emergency units, as well as for provision of health care services.
10.27 	(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 
10.28 	Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 
10.29 	compensation provided by the volunteer's employer during volunteer service requested by 
10.30 	the commissioner. An employer is not liable for actions of an employee while serving as a 
10.31 	Minnesota Responds Medical Reserve Corps volunteer.
10.32 	(d) If the commissioner matches the request under paragraph (a) with Minnesota 
10.33 	Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 
10.34 	of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 
10.35 	the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 
11.1 	sending and receiving jurisdictions in monitoring deployments, and shall coordinate 
11.2 	efforts with the division of homeland security and emergency management for out-of-state 
11.3 	deployments through the Interstate Emergency Management Assistance Compact or 
11.4 	other emergency management compacts.
11.5 	(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 
11.6 	Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 
11.7 	apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 
11.8 	across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 
11.9 	the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 
11.10 	as of their initial deployment in response to the event or emergency that triggered a 
11.11 	subsequent commissioner's call.
11.12 	(f) (1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 
11.13 	request for training or assistance at the call of the commissioner must be deemed an 
11.14 	employee of the state for purposes of workers' compensation and tort claim defense and 
11.15 	indemnification under section 3.736, without regard to whether the volunteer's activity is 
11.16 	under the direction and control of the commissioner, the division of homeland security 
11.17 	and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 
11.18 	hospital, alternate care site, or other health care provider treating patients from the public 
11.19 	health event or emergency.
11.20 	(2) For purposes of calculating workers' compensation benefits under chapter 176, 
11.21 	the daily wage must be the usual wage paid at the time of injury or death for similar services 
11.22 	performed by paid employees in the community where the volunteer regularly resides, or 
11.23 	the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
11.24 	(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 
11.25 	reimbursement for travel and subsistence expenses during a deployment approved by the 
11.26 	commissioner under this subdivision according to reimbursement limits established for 
11.27 	paid state employees. Deployment begins when the volunteer leaves on the deployment 
11.28 	until the volunteer returns from the deployment, including all travel related to the 
11.29 	deployment. The Department of Health shall initially review and pay those expenses to 
11.30 	the volunteer. Except as otherwise provided by the Interstate Emergency Management 
11.31 	Assistance Compact in section 192.89 or agreements made thereunder, the department 
11.32 	shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 
11.33 	department for expenses of the volunteers.
11.34 	(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 
11.35 	deployed outside the state pursuant to the Interstate Emergency Management Assistance 
12.1 	Compact, the provisions of the Interstate Emergency Management Assistance Compact 
12.2 	must control over any inconsistent provisions in this section.
12.3 	(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 
12.4 	for workers' compensation arising out of a deployment under this section or out of a 
12.5 	training exercise conducted by the commissioner, the volunteer's workers compensation 
12.6 	benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 
12.7 	volunteer may also qualify under other clauses of section 176.011, subdivision 9.

12.8 	Sec. 20. [145A.061] CRIMINAL BACKGROUND STUDIES.
12.9 		Subdivision 1.Agreements to conduct criminal background studies. The 
12.10 	commissioner of health may develop agreements to conduct criminal background studies 
12.11 	on each person who registers as a volunteer in the Minnesota Responds Medical Reserve 
12.12 	Corps and applies for membership in the Minnesota behavioral health or mobile medical 
12.13 	teams. The background study is for the purpose of determining the applicant's suitability 
12.14 	and eligibility for membership. Each applicant must provide written consent authorizing 
12.15 	the Department of Health to obtain the applicant's state criminal background information.
12.16 		Subd. 2.Opportunity to challenge accuracy of report. Before denying the 
12.17 	applicant the opportunity to serve as a health volunteer due to information obtained from a 
12.18 	background study, the commissioner shall provide the applicant with the opportunity to 
12.19 	complete, or challenge the accuracy of, the criminal justice information reported to the 
12.20 	commissioner. The applicant shall have 30 calendar days to correct or complete the record 
12.21 	prior to the commissioner taking final action based on the report.
12.22 		Subd. 3.Denial of service. The commissioner may deny any applicant who has 
12.23 	been convicted of any of the following crimes:
12.24 	Section 609.185 (murder in the first degree); section 609.19 (murder in the second 
12.25 	degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in 
12.26 	the first degree); section 609.205 (manslaughter in the second degree); section 609.25 
12.27 	(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section 
12.28 	609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of 
12.29 	an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first 
12.30 	degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344 
12.31 	(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in 
12.32 	the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section 
12.33 	609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to 
12.34 	engage in sexual conduct); section 609.352 (communication of sexually explicit materials 
12.35 	to children); section 609.365 (incest); section 609.377 (felony malicious punishment of 
13.1 	a child); section 609.378 (felony neglect or endangerment of a child); section 609.561 
13.2 	(arson in the first degree); section 609.562 (arson in the second degree); section 609.563 
13.3 	(arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony stalking); section 
13.4 	152.021 (controlled substance crimes in the first degree); section 152.022 (controlled 
13.5 	substance crimes in the second degree); section 152.023 (controlled substance crimes in 
13.6 	the third degree); section 152.024 (controlled substance crimes in the fourth degree); 
13.7 	section 152.025 (controlled substance crimes in the fifth degree); section 243.166 
13.8 	(violation of predatory offender registration law); section 617.23, subdivision 2, clause 
13.9 	(1), or subdivision 3, clause (1) (indecent exposure involving a minor); section 617.246 
13.10 	(use of minors in sexual performance); section 617.247 (possession of pornographic 
13.11 	work involving minors); section 609.221 (assault in the first degree); section 609.222 
13.12 	(assault in the second degree); section 609.223 (assault in the third degree); section 
13.13 	609.2231 (assault in the fourth degree); section 609.224 (assault in the fifth degree); 
13.14 	section 609.2242 (domestic assault); section 609.2247 (domestic assault by strangulation); 
13.15 	section 609.228 (great bodily harm caused by distribution of drugs); section 609.23 
13.16 	(mistreatment of persons confined); section 609.231 (mistreatment of residents or 
13.17 	patients); section 609.2325 (criminal abuse); section 609.233 (criminal neglect); section 
13.18 	609.2335 (financial exploitation of a vulnerable adult); section 609.234 (failure to report); 
13.19 	section 609.24 (simple robbery); section 609.245 (aggravated robbery); section 609.255 
13.20 	(false imprisonment); section 609.322 (solicitation, inducement, and promotion of 
13.21 	prostitution and sex trafficking); section 609.324, subdivision 1 (hiring or engaging minors 
13.22 	in prostitution); section 609.465 (presenting false claims to a public officer or body); 
13.23 	section 609.466 (medical assistance fraud); section 609.52 (felony theft); section 609.82 
13.24 	(felony fraud in obtaining credit); section 609.527 (felony identity theft); section 609.582 
13.25 	(felony burglary); section 609.611 (felony insurance fraud); section 609.625 (aggravated 
13.26 	forgery); section 609.63 (forgery); section 609.631 (felony check forgery); section 609.66, 
13.27 	subdivision 1e (felony drive-by shooting); section 609.71 (felony riot); section 609.713 
13.28 	(terroristic threats); section 609.72, subdivision 3 (disorderly conduct by a caregiver against 
13.29 	a vulnerable adult); section 609.821 (felony financial transaction card fraud); section 
13.30 	609.855, subdivision 4 (shooting at or in a public transit vehicle or facility); or aiding and 
13.31 	abetting, attempting, or conspiring to commit any of the offenses in this subdivision.
13.32 		Subd. 4.Conviction. For purposes of this section, an applicant is considered to 
13.33 	have been convicted of a crime if the applicant was convicted or otherwise found guilty, 
13.34 	including by entering an Alford plea; was found guilty but the adjudication of guilt was 
13.35 	stayed or withheld; or was convicted but the imposition or execution of a sentence was 
13.36 	stayed.
14.1 		Subd. 5.Data practices. All state criminal history record information or data 
14.2 	obtained by the commissioner from the Bureau of Criminal Apprehension is private data 
14.3 	on individuals under section 13.02, subdivision 12, and restricted to the exclusive use of 
14.4 	commissioner for the purpose of evaluating an applicant's eligibility for participation in 
14.5 	the behavioral health or mobile field medical team.
14.6 		Subd. 6.Use of volunteers by commissioner. The commissioner may deny a 
14.7 	volunteer membership on a mobile medical team or behavioral health team for any reason, 
14.8 	and is only required to communicate the reason when membership is denied as a result 
14.9 	of information received from a criminal background study. The commissioner is exempt 
14.10 	from the Criminal Offenders Rehabilitation Act under chapter 364 in the selection of 
14.11 	volunteers for any position or activity including the Minnesota Responds Medical Reserve 
14.12 	Corps, the Minnesota behavioral health team, and the mobile medical team.

14.13 	Sec. 21. Minnesota Statutes 2012, section 148.6402, is amended by adding a 
14.14 	subdivision to read:
14.15 		Subd. 16a.Occupational therapy practitioner. "Occupational therapy 
14.16 	practitioner" means any individual licensed as either an occupational therapist or 
14.17 	occupational therapy assistant under sections 148.6401 to 148.6450.

14.18 	Sec. 22. Minnesota Statutes 2012, section 148.6440, is amended to read:
14.19 	148.6440 PHYSICAL AGENT MODALITIES.
14.20 		Subdivision 1.General considerations. (a) Occupational therapists therapy 
14.21 	practitioners who intend to use superficial physical agent modalities must comply with the 
14.22 	requirements in subdivision 3. Occupational therapiststherapy practitioners who intend 
14.23 	to use electrotherapy must comply with the requirements in subdivision 4. Occupational 
14.24 	therapists therapy practitioners who intend to use ultrasound devices must comply with 
14.25 	the requirements in subdivision 5. Occupational therapy practitioners who are licensed 
14.26 	as occupational therapy assistants and who intend to use physical agent modalities must 
14.27 	also comply with subdivision 6.
14.28 	(b) Use of superficial physical agent modalities, electrical stimulation devices, and 
14.29 	ultrasound devices must be on the order of a physician.
14.30 	(c) Prior to any use of any physical agent modality, a licensee an occupational 
14.31 	therapy practitioner must obtain approval from the commissioner. The commissioner 
14.32 	shall maintain a roster of persons licensed under sections 148.6401 to 148.6450 who are 
14.33 	approved to use physical agent modalities.
15.1 	(d) Licensees Occupational therapy practitioners are responsible for informing the 
15.2 	commissioner of any changes in the information required in this section within 30 days 
15.3 	of any change.
15.4 		Subd. 2.Written documentation required. (a) An occupational therapist
15.5 	 therapy practitioner must provide to the commissioner documentation verifying that 
15.6 	the occupational therapist therapy practitioner has met the educational and clinical 
15.7 	requirements described in subdivisions 3 to 5, depending on the modality or modalities 
15.8 	to be used. Both theoretical training and clinical application objectives must be met for 
15.9 	each modality used. Documentation must include the name and address of the individual 
15.10 	or organization sponsoring the activity; the name and address of the facility at which 
15.11 	the activity was presented; and a copy of the course, workshop, or seminar description, 
15.12 	including learning objectives and standards for meeting the objectives. In the case of 
15.13 	clinical application objectives, teaching methods must be documented, including actual 
15.14 	supervised practice. Documentation must include a transcript or certificate showing 
15.15 	successful completion of the coursework. Coursework completed more than two years 
15.16 	prior to the date of application must be retaken. An occupational therapist therapy 
15.17 	practitioner who is a certified hand therapist shall document satisfaction of the requirements 
15.18 	in subdivisions 3 to 5 by submitting to the commissioner a copy of a certificate issued 
15.19 	by the Hand Therapy Certification Commission. Occupational therapy practitioners are 
15.20 	prohibited from using physical agent modalities under supervision or independently until 
15.21 	granted approval as provided in subdivision 7, except under the provisions in paragraph (b).
15.22 	(b) If a an occupational therapy practitioner has successfully completed a specific 
15.23 	course previously reviewed and approved by the commissioner as provided for in 
15.24 	subdivision 7, and has submitted the written documentation required in paragraph (a) 
15.25 	within 30 calendar days from the course date, the occupational therapy practitioner 
15.26 	awaiting written approval from the commissioner may use physical agent modalities 
15.27 	under the supervision of a practitioner licensed occupational therapist listed on the roster 
15.28 	of persons approved to use physical agent modalities.
15.29 		Subd. 3.Requirements for use of superficial physical agent modalities. (a) An 
15.30 	occupational therapist therapy practitioner may use superficial physical agent modalities 
15.31 	if the occupational therapist therapy practitioner has received theoretical training and 
15.32 	clinical application training in the use of superficial physical agent modalities and been 
15.33 	granted approval as provided in subdivision 7.
15.34 	(b) Theoretical training in the use of superficial physical agent modalities must:
15.35 	(1) explain the rationale and clinical indications for use of superficial physical agent 
15.36 	modalities;
16.1 	(2) explain the physical properties and principles of the superficial physical agent 
16.2 	modalities;
16.3 	(3) describe the types of heat and cold transference;
16.4 	(4) explain the factors affecting tissue response to superficial heat and cold;
16.5 	(5) describe the biophysical effects of superficial physical agent modalities in 
16.6 	normal and abnormal tissue;
16.7 	(6) describe the thermal conductivity of tissue, matter, and air;
16.8 	(7) explain the advantages and disadvantages of superficial physical agent 
16.9 	modalities; and
16.10 	(8) explain the precautions and contraindications of superficial physical agent 
16.11 	modalities.
16.12 	(c) Clinical application training in the use of superficial physical agent modalities 
16.13 	must include activities requiring the occupational therapy practitioner to:
16.14 	(1) formulate and justify a plan for the use of superficial physical agents for 
16.15 	treatment appropriate to its use and simulate the treatment;
16.16 	(2) evaluate biophysical effects of the superficial physical agents;
16.17 	(3) identify when modifications to the treatment plan for use of superficial physical 
16.18 	agents are needed and propose the modification plan;
16.19 	(4) safely and appropriately administer superficial physical agents under the 
16.20 	supervision of a course instructor or clinical trainer;
16.21 	(5) document parameters of treatment, patient response, and recommendations for 
16.22 	progression of treatment for the superficial physical agents; and
16.23 	(6) demonstrate the ability to work competently with superficial physical agents as 
16.24 	determined by a course instructor or clinical trainer.
16.25 		Subd. 4.Requirements for use of electrotherapy. (a) An occupational therapist
16.26 	 therapy practitioner may use electrotherapy if the occupational therapist therapy 
16.27 	practitioner has received theoretical training and clinical application training in the use of 
16.28 	electrotherapy and been granted approval as provided in subdivision 7.
16.29 	(b) Theoretical training in the use of electrotherapy must:
16.30 	(1) explain the rationale and clinical indications of electrotherapy, including pain 
16.31 	control, muscle dysfunction, and tissue healing;
16.32 	(2) demonstrate comprehension and understanding of electrotherapeutic terminology 
16.33 	and biophysical principles, including current, voltage, amplitude, and resistance;
16.34 	(3) describe the types of current used for electrical stimulation, including the 
16.35 	description, modulations, and clinical relevance;
17.1 	(4) describe the time-dependent parameters of pulsed and alternating currents, 
17.2 	including pulse and phase durations and intervals;
17.3 	(5) describe the amplitude-dependent characteristics of pulsed and alternating 
17.4 	currents;
17.5 	(6) describe neurophysiology and the properties of excitable tissue;
17.6 	(7) describe nerve and muscle response from externally applied electrical 
17.7 	stimulation, including tissue healing;
17.8 	(8) describe the electrotherapeutic effects and the response of nerve, denervated and 
17.9 	innervated muscle, and other soft tissue; and
17.10 	(9) explain the precautions and contraindications of electrotherapy, including 
17.11 	considerations regarding pathology of nerve and muscle tissue.
17.12 	(c) Clinical application training in the use of electrotherapy must include activities 
17.13 	requiring the occupational therapy practitioner to:
17.14 	(1) formulate and justify a plan for the use of electrical stimulation devices for 
17.15 	treatment appropriate to its use and simulate the treatment;
17.16 	(2) evaluate biophysical treatment effects of the electrical stimulation;
17.17 	(3) identify when modifications to the treatment plan using electrical stimulation are 
17.18 	needed and propose the modification plan;
17.19 	(4) safely and appropriately administer electrical stimulation under supervision 
17.20 	of a course instructor or clinical trainer;
17.21 	(5) document the parameters of treatment, case example (patient) response, and 
17.22 	recommendations for progression of treatment for electrical stimulation; and
17.23 	(6) demonstrate the ability to work competently with electrical stimulation as 
17.24 	determined by a course instructor or clinical trainer.
17.25 		Subd. 5.Requirements for use of ultrasound. (a) An occupational therapist
17.26 	 therapy practitioner may use an ultrasound device if the occupational therapist therapy 
17.27 	practitioner has received theoretical training and clinical application training in the use of 
17.28 	ultrasound and been granted approval as provided in subdivision 7.
17.29 	(b) The theoretical training in the use of ultrasound must:
17.30 	(1) explain the rationale and clinical indications for the use of ultrasound, including 
17.31 	anticipated physiological responses of the treated area;
17.32 	(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal 
17.33 	and abnormal tissue;
17.34 	(3) explain the physical principles of ultrasound, including wavelength, frequency, 
17.35 	attenuation, velocity, and intensity;
18.1 	(4) explain the mechanism and generation of ultrasound and energy transmission 
18.2 	through physical matter; and
18.3 	(5) explain the precautions and contraindications regarding use of ultrasound devices.
18.4 	(c) The clinical application training in the use of ultrasound must include activities 
18.5 	requiring the practitioner to:
18.6 	(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to 
18.7 	its use and stimulate the treatment;
18.8 	(2) evaluate biophysical effects of ultrasound;
18.9 	(3) identify when modifications to the treatment plan for use of ultrasound are 
18.10 	needed and propose the modification plan;
18.11 	(4) safely and appropriately administer ultrasound under supervision of a course 
18.12 	instructor or clinical trainer;
18.13 	(5) document parameters of treatment, patient response, and recommendations for 
18.14 	progression of treatment for ultrasound; and
18.15 	(6) demonstrate the ability to work competently with ultrasound as determined 
18.16 	by a course instructor or clinical trainer.
18.17 		Subd. 6.Occupational therapy assistant use of physical agent modalities. An 
18.18 	occupational therapy practitioner licensed as an occupational therapy assistant may set 
18.19 	up and implement treatment using physical agent modalities if the licensed occupational 
18.20 	therapy assistant meets the requirements of this section, has applied for and received 
18.21 	written approval from the commissioner to use physical agent modalities as provided in 
18.22 	subdivision 7, has demonstrated service competency for the particular modality used, and 
18.23 	works under the direct supervision of an occupational therapy practitioner licensed as an 
18.24 	occupational therapist who has been granted approval as provided in subdivision 7. An 
18.25 	occupational therapy practitioner licensed as an occupational therapy assistant who uses 
18.26 	superficial physical agent modalities must meet the requirements of subdivision 3. An 
18.27 	occupational therapy practitioner licensed as an occupational therapy assistant who uses 
18.28 	electrotherapy must meet the requirements of subdivision 4. An occupational therapy 
18.29 	practitioner licensed as an occupational therapy assistant who uses ultrasound must meet 
18.30 	the requirements of subdivision 5. An occupational therapy practitioner licensed as an 
18.31 	occupational therapist may not delegate evaluation, reevaluation, treatment planning, and 
18.32 	treatment goals for physical agent modalities to an occupational therapy practitioner 
18.33 	licensed as an occupational therapy assistant.
18.34 		Subd. 7.Approval. (a) The advisory council shall appoint a committee to review 
18.35 	documentation under subdivisions 2 to 6 to determine if established educational and 
18.36 	clinical requirements are met. If, after review of course documentation, the committee 
19.1 	verifies that a specific course meets the theoretical and clinical requirements in 
19.2 	subdivisions 2 to 6, the commissioner may approve practitioner applications that include 
19.3 	the required course documentation evidencing completion of the same course.
19.4 	(b) Occupational therapists therapy practitioners shall be advised of the status of 
19.5 	their request for approval within 30 days. Occupational therapists therapy practitioners
19.6 	 must provide any additional information requested by the committee that is necessary to 
19.7 	make a determination regarding approval or denial.
19.8 	(c) A determination regarding a request for approval of training under this 
19.9 	subdivision shall be made in writing to the occupational therapist therapy practitioner. If 
19.10 	denied, the reason for denial shall be provided.
19.11 	(d) A licensee An occupational therapy practitioner who was approved by the 
19.12 	commissioner as a level two provider prior to July 1, 1999, shall remain on the roster 
19.13 	maintained by the commissioner in accordance with subdivision 1, paragraph (c).
19.14 	(e) To remain on the roster maintained by the commissioner, a licensee an 
19.15 	occupational therapy practitioner who was approved by the commissioner as a level one 
19.16 	provider prior to July 1, 1999, must submit to the commissioner documentation of training 
19.17 	and experience gained using physical agent modalities since the licensee's occupational 
19.18 	therapy practitioner's approval as a level one provider. The committee appointed under 
19.19 	paragraph (a) shall review the documentation and make a recommendation to the 
19.20 	commissioner regarding approval.
19.21 	(f) An occupational therapist therapy practitioner who received training in the 
19.22 	use of physical agent modalities prior to July 1, 1999, but who has not been placed on 
19.23 	the roster of approved providers may submit to the commissioner documentation of 
19.24 	training and experience gained using physical agent modalities. The committee appointed 
19.25 	under paragraph (a) shall review documentation and make a recommendation to the 
19.26 	commissioner regarding approval.

19.27 	Sec. 23. Minnesota Statutes 2012, section 151.37, subdivision 2, is amended to read:
19.28 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
19.29 	professional practice only, may prescribe, administer, and dispense a legend drug, and may 
19.30 	cause the same to be administered by a nurse, a physician assistant, or medical student or 
19.31 	resident under the practitioner's direction and supervision, and may cause a person who 
19.32 	is an appropriately certified, registered, or licensed health care professional to prescribe, 
19.33 	dispense, and administer the same within the expressed legal scope of the person's practice 
19.34 	as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug, 
19.35 	without reference to a specific patient, by directing a nurse, pursuant to section 148.235, 
20.1 	subdivisions 8 and 9, physician assistant, medical student or resident, or pharmacist 
20.2 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
20.3 	protocol when treating patients whose condition falls within such guideline or protocol, 
20.4 	and when such guideline or protocol specifies the circumstances under which the legend 
20.5 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
20.6 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
20.7 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
20.8 	assistant only if the physician assistant meets the requirements of section 147A.18.
20.9 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
20.10 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
20.11 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
20.12 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
20.13 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
20.14 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
20.15 	to control tuberculosis and other communicable diseases. The commissioner may modify 
20.16 	state drug labeling requirements, and medical screening criteria and documentation, where 
20.17 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
20.18 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
20.19 	and mortality.
20.20 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
20.21 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
20.22 	file with the practitioner's licensing board a statement indicating that the practitioner 
20.23 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
20.24 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
20.25 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
20.26 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
20.27 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
20.28 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
20.29 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
20.30 	making the drug available if the legend drug requires compounding, packaging, or other 
20.31 	treatment. The statement filed under this paragraph is public data under section 13.03. 
20.32 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
20.33 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
20.34 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
20.35 	To dispense for profit does not include dispensing by a community health clinic when the 
20.36 	profit from dispensing is used to meet operating expenses.
21.1 	(d) A prescription or drug order for the following drugs is not valid, unless it can be 
21.2 	established that the prescription or order was based on a documented patient evaluation, 
21.3 	including an examination, adequate to establish a diagnosis and identify underlying 
21.4 	conditions and contraindications to treatment:
21.5 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
21.6 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
21.7 	152.02, subdivisions 7, 8, and 12;
21.8 	(3) muscle relaxants;
21.9 	(4) centrally acting analgesics with opioid activity;
21.10 	(5) drugs containing butalbital; or
21.11 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
21.12 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
21.13 	met if an in-person examination has been completed in any of the following circumstances:
21.14 	(1) the prescribing practitioner examines the patient at the time the prescription 
21.15 	or drug order is issued;
21.16 	(2) the prescribing practitioner has performed a prior examination of the patient;
21.17 	(3) another prescribing practitioner practicing within the same group or clinic as the 
21.18 	prescribing practitioner has examined the patient;
21.19 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
21.20 	patient has examined the patient; or
21.21 	(5) the referring practitioner has performed an examination in the case of a 
21.22 	consultant practitioner issuing a prescription or drug order when providing services by 
21.23 	means of telemedicine.
21.24 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
21.25 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
21.26 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
21.27 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
21.28 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
21.29 	United States Centers for Disease Control.
21.30 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
21.31 	of legend drugs through a public health clinic or other distribution mechanism approved 
21.32 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
21.33 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
21.34 	biological, chemical, or radiological agent.
21.35 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
21.36 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
22.1 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
22.2 	valid under paragraph (d).
22.3 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
22.4 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
22.5 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
22.6 	expected to know, is not valid under paragraph (d).
22.7 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
22.8 	practitioner, or a person designated by the commissioner who is a licensed practitioner, 
22.9 	from prescribing legend drugs for field-delivered therapy in the treatment of a 
22.10 	communicable disease according to the Centers For Disease Control and Prevention 
22.11 	Partner Services Guidelines.

22.12 	Sec. 24.  REPEALER.
 22.13 	Minnesota Statutes 2012, sections 144.1487; 144.1488, subdivisions 1, 3, and 4; 
22.14 	144.1489; 144.1490; and 144.1491, are repealed.