1.1 	A bill for an act
1.2 	relating to health and human services; modifying health care, human services 
1.3 	operations, and continuing care provisions; modifying bond requirements 
1.4 	for medical suppliers; requiring the commissioner to seek federal authority 
1.5 	to amend the state Medicaid plan; modifying the criteria for stroke centers; 
1.6 	making changes to home care provider licensing and compliance monitoring; 
1.7 	requiring dementia care training; modifying personal care assistance provisions; 
1.8 	modifying child care and foster care licensing provisions; amending mental 
1.9 	and chemical health provisions; clarifying common entry point related to 
1.10 	reports of maltreatment of vulnerable adults; making changes to the local public 
1.11 	health system; modifying the licensure requirements for chiropractors, athletic 
1.12 	trainers, occupational therapists, licensed professional clinical counselors, 
1.13 	podiatry; modifying the certification agencies for doula certification; providing 
1.14 	an exception for eyeglass prescription expiration date; requiring employers to 
1.15 	report diverted narcotics; regulating electronic cigarettes; exempting certain 
1.16 	funeral establishments; exempting dental facilities from diagnostic imaging 
1.17 	accreditation; requiring a patient notice with mammogram results; requiring 
1.18 	pharmacy benefit mangers to provide maximum allowable cost pricing to 
1.19 	pharmacies; prohibiting  the use of tanning equipment for children under the 
1.20 	age of 18; specifying the protocol for pharmacist administration of vaccines; 
1.21 	requiring the commissioner of health to assess and report on the quality of care 
1.22 	for ST elevation myocardial infarction; requiring AED devices to be registered 
1.23 	with a registry; establishing a health care home advisory committee; authorizing 
1.24 	the use of complementary and alternative health care practices; authorizing 
1.25 	rulemaking;amending Minnesota Statutes 2012, sections 62J.497, subdivision 5; 
1.26 	144.413, subdivision 4; 144.4165; 144D.065; 145A.02, subdivisions 5, 15, by 
1.27 	adding subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 
1.28 	145A.04, as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 
1.29 	6, by adding subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, 
1.30 	subdivision 2; 145A.131; 146A.01, subdivision 6; 148.01, subdivisions 1, 2, 
1.31 	by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17; 
1.32 	148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 
1.33 	148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 
1.34 	148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 148.995, 
1.35 	subdivision 2; 148.996, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, 
1.36 	by adding a subdivision; 151.01, subdivision 27; 153.16, subdivisions 1, 2, 3, 
1.37 	by adding subdivisions; 214.33, by adding a subdivision; 245A.02, subdivision 
1.38 	19; 245A.03, subdivision 6a; 253B.092, subdivision 2; 254B.01, by adding a 
1.39 	subdivision; 254B.05, subdivision 5; 256B.0654, subdivision 1; 256B.0659, 
2.1 	subdivisions 11, 28; 256B.0751, by adding a subdivision; 256B.493, subdivision 
2.2 	1; 256B.5016, subdivision 1; 256B.69, subdivision 16; 256D.01, subdivision 
2.3 	1e; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivision 2a; 
2.4 	260C.212, subdivision 2; 260C.215, subdivisions 4, 6, by adding a subdivision; 
2.5 	325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 
2.6 	609.6855; 626.556, subdivision 11c, by adding a subdivision; Minnesota Statutes 
2.7 	2013 Supplement, sections 103I.205, subdivision 4; 144.1225, subdivision 2; 
2.8 	144.493, subdivisions 1, 2; 144.494, subdivision 2; 144A.474, subdivisions 8, 
2.9 	12; 144A.475, subdivision 3, by adding subdivisions; 145A.06, subdivision 
2.10 	7; 146A.11, subdivision 1; 245A.1435; 245A.50, subdivision 5; 245D.33; 
2.11 	254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21; 256B.0625, 
2.12 	subdivision 9; 256B.0659, subdivision 21; 256B.0922, subdivision 1; 256B.093, 
2.13 	subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85, subdivision 
2.14 	12; 256D.44, subdivision 5; 260.835, subdivision 2; 626.557, subdivision 9; 
2.15 	Laws 2011, First Special Session chapter 9, article 7, section 7; article 9, section 
2.16 	17; Laws 2013, chapter 108, article 7, section 60; proposing coding for new 
2.17 	law in Minnesota Statutes, chapters 144; 144D; 145; 146A; 151; 325H; 403; 
2.18 	repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, 
2.19 	subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 
2.20 	1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 
2.21 	148.7808, subdivision 2; 148.7813; 256.01, subdivision 32; 325H.06; 325H.08; 
2.22 	Minnesota Statutes 2013 Supplement, section 148.6440; Laws 2011, First 
2.23 	Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4; Minnesota 
2.24 	Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, 
2.25 	subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 
2.26 	9505.5315; 9505.5325; 9525.1580.
2.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.28 	ARTICLE 1
2.29 	HEALTH DEPARTMENT

2.30 	Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
2.31 		Subd. 5.Electronic drug prior authorization standardization and transmission.
 2.32 	(a) The commissioner of health, in consultation with the Minnesota e-Health Advisory 
2.33 	Committee and the Minnesota Administrative Uniformity Committee, shall, by February 
2.34 	15, 2010, identify an outline on how best to standardize drug prior authorization request 
2.35 	transactions between providers and group purchasers with the goal of maximizing 
2.36 	administrative simplification and efficiency in preparation for electronic transmissions.
2.37 	(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall 
2.38 	develop the standard companion guide by which providers and group purchasers will 
2.39 	exchange standard drug authorization requests using electronic data interchange standards, 
2.40 	if available, with the goal of alignment with standards that are or will potentially be used 
2.41 	nationally.
2.42 	(c) No later than January 1, 2015 2016, drug prior authorization requests must be 
2.43 	accessible and submitted by health care providers, and accepted by group purchasers, 
3.1 	electronically through secure electronic transmissions. Facsimile shall not be considered 
3.2 	electronic transmission.

3.3 	Sec. 2. Minnesota Statutes 2013 Supplement, section 103I.205, subdivision 4, is 
3.4 	amended to read:
3.5 		Subd. 4.License required. (a) Except as provided in paragraph (b), (c), (d), or (e), 
3.6 	section 103I.401, subdivision 2, or section 103I.601, subdivision 2, a person may not 
3.7 	drill, construct, repair, or seal a well or boring unless the person has a well contractor's 
3.8 	license in possession.
3.9 	(b) A person may construct, repair, and seal a monitoring well if the person:
3.10 	(1) is a professional engineer licensed under sections 326.02 to 326.15 in the 
3.11 	branches of civil or geological engineering;
3.12 	(2) is a hydrologist or hydrogeologist certified by the American Institute of 
3.13 	Hydrology;
3.14 	(3) is a professional geoscientist licensed under sections 326.02 to 326.15;
3.15 	(4) is a geologist certified by the American Institute of Professional Geologists; or
3.16 	(5) meets the qualifications established by the commissioner in rule.
3.17 	A person must register with the commissioner as a monitoring well contractor on 
3.18 	forms provided by the commissioner.
3.19 	(c) A person may do the following work with a limited well/boring contractor's 
3.20 	license in possession. A separate license is required for each of the six activities:
3.21 	(1) installing or repairing well screens or pitless units or pitless adaptors and well 
3.22 	casings from the pitless adaptor or pitless unit to the upper termination of the well casing;
3.23 	(2) constructing, repairing, and sealing drive point wells or dug wells;
3.24 	(3) installing well pumps or pumping equipment;
3.25 	(4) sealing wells;
3.26 	(5) constructing, repairing, or sealing dewatering wells; or
3.27 	(6) constructing, repairing, or sealing bored geothermal heat exchangers.
3.28 	(d) A person may construct, repair, and seal an elevator boring with an elevator 
3.29 	boring contractor's license.
3.30 	(e) Notwithstanding other provisions of this chapter requiring a license or 
3.31 	registration, a license or registration is not required for a person who complies with the 
3.32 	other provisions of this chapter if the person is:
3.33 	(1) an individual who constructs a well on land that is owned or leased by the 
3.34 	individual and is used by the individual for farming or agricultural purposes or as the 
3.35 	individual's place of abode; or
4.1 	(2) an individual who performs labor or services for a contractor licensed or 
4.2 	registered under the provisions of this chapter in connection with the construction, sealing, 
4.3 	or repair of a well or boring at the direction and under the personal supervision of a 
4.4 	contractor licensed or registered under the provisions of this chapter; or
4.5 	(3) a licensed plumber who is repairing submersible pumps or water pipes associated 
4.6 	with well water systems if the repair location is within an area where there is no licensed 
4.7 	or registered well contractor within 25 miles.

4.8 	Sec. 3. [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
4.9 		Subdivision 1.Definition. For purposes of this section, "facility" has the meaning 
4.10 	provided in United States Code, title 42, section 263b(a)(3)(A).
4.11 		Subd. 2.Required notice. A facility at which a mammography examination is 
4.12 	performed shall, if a patient is categorized by the facility as having heterogeneously 
4.13 	dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data 
4.14 	System established by the American College of Radiology, include in the summary of the 
4.15 	written report that is sent to the patient, as required by the federal Mammography Quality 
4.16 	Standards Act, United States Code, title 42, section 263b, the following notice:
4.17 	"Your mammogram shows that your breast tissue is dense. Dense breast tissue is 
4.18 	relatively common and is found in more than 40 percent of women. However, dense 
4.19 	breast tissue may make it more difficult to identify precancerous lesions or cancer through 
4.20 	a mammogram and may also be associated with an increased risk of breast cancer. This 
4.21 	information about the results of your mammogram is given to you to raise your own 
4.22 	awareness and to help inform your conversations with your treating clinician who has 
4.23 	received a report of your mammogram results. Together you can decide which screening 
4.24 	options are right for you based on your mammogram results, individual risk factors, 
4.25 	or physical examination."

4.26 	Sec. 4. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is 
4.27 	amended to read:
4.28 		Subd. 2.Accreditation required. (a)(1) Except as otherwise provided in paragraph
4.29 	 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement 
4.30 	from any source, including, but not limited to, the individual receiving such services 
4.31 	and any individual or group insurance contract, plan, or policy delivered in this state, 
4.32 	including, but not limited to, private health insurance plans, workers' compensation 
4.33 	insurance, motor vehicle insurance, the State Employee Group Insurance Program 
4.34 	(SEGIP), and other state health care programs, shall be reimbursed only if the facility at 
5.1 	which the service has been conducted and processed is licensed pursuant to sections 
5.2 	144.50 to 144.56 or accredited by one of the following entities:
5.3 	(i) American College of Radiology (ACR);
5.4 	(ii) Intersocietal Accreditation Commission (IAC);
5.5 	(iii) the Joint Commission; or
5.6 	(iv) other relevant accreditation organization designated by the Secretary of the 
5.7 	United States Department of Health and Human Services pursuant to United States Code, 
5.8 	title 42, section 1395M.
5.9 	(2) All accreditation standards recognized under this section must include, but are 
5.10 	not limited to:
5.11 	(i) provisions establishing qualifications of the physician;
5.12 	(ii) standards for quality control and routine performance monitoring by a medical 
5.13 	physicist;
5.14 	(iii) qualifications of the technologist, including minimum standards of supervised 
5.15 	clinical experience;
5.16 	(iv) guidelines for personnel and patient safety; and
5.17 	(v) standards for initial and ongoing quality control using clinical image review 
5.18 	and quantitative testing.
5.19 	(b) Any facility that performs advanced diagnostic imaging services and is eligible 
5.20 	to receive reimbursement for such services from any source in paragraph (a), clause (1), 
5.21 	must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to 
5.22 	paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic 
5.23 	imaging services in the state must obtain licensure or accreditation prior to within 
5.24 	six months of commencing operations and must, at all times, maintain either licensure 
5.25 	pursuant to sections 144.50 to 144.56 or accreditation with an accrediting organization as 
5.26 	provided in paragraph (a).
5.27 	(c) Dental clinics or offices that perform diagnostic imaging through dental cone 
5.28 	beam computerized tomography do not need to meet the accreditation or reporting 
5.29 	requirements in this section.

5.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.31 	Sec. 5. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is 
5.32 	amended to read:
5.33 		Subdivision 1.Comprehensive stroke center. A hospital meets the criteria for a 
5.34 	comprehensive stroke center if the hospital has been certified as a comprehensive stroke 
6.1 	center by the joint commission or another nationally recognized accreditation entity and 
6.2 	the hospital participates in the Minnesota stroke registry program.

6.3 	Sec. 6. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is 
6.4 	amended to read:
6.5 		Subd. 2.Primary stroke center. A hospital meets the criteria for a primary stroke 
6.6 	center if the hospital has been certified as a primary stroke center by the joint commission 
6.7 	or another nationally recognized accreditation entity and the hospital participates in the 
6.8 	Minnesota stroke registry program.

6.9 	Sec. 7. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is 
6.10 	amended to read:
6.11 		Subd. 2.Designation. A hospital that voluntarily meets the criteria for a 
6.12 	comprehensive stroke center, primary stroke center, or acute stroke ready hospital may 
6.13 	apply to the commissioner for designation, and upon the commissioner's review and 
6.14 	approval of the application, shall be designated as a comprehensive stroke center, a 
6.15 	primary stroke center, or an acute stroke ready hospital for a three-year period. If a 
6.16 	hospital loses its certification as a comprehensive stroke center or primary stroke center 
6.17 	from the joint commission or other nationally recognized accreditation entity, or no 
6.18 	longer participates in the Minnesota stroke registry program, its Minnesota designation 
6.19 	shall be immediately withdrawn. Prior to the expiration of the three-year designation, a 
6.20 	hospital seeking to remain part of the voluntary acute stroke system may reapply to the 
6.21 	commissioner for designation.

6.22 	Sec. 8. [144.497] ST ELEVATION MYOCARDIAL INFARCTION.
6.23 	The commissioner of health shall assess and report on the quality of care provided in 
6.24 	the state for ST elevation myocardial infarction response and treatment. The commissioner 
6.25 	shall:
6.26 	(1) utilize and analyze data provided by ST elevation myocardial infarction receiving 
6.27 	centers to the ACTION Registry-Get with the guidelines or an equivalent data platform 
6.28 	that does not identify individuals or associate specific ST elevation myocardial infarction 
6.29 	heart attack events with an identifiable individual;
6.30 	(2) quarterly post a summary report of the data in aggregate form on the Department 
6.31 	of Health Web site;
7.1 	(3) annually inform the legislative committees with jurisdiction over public health 
7.2 	of progress toward improving the quality of care and patient outcomes for ST elevation 
7.3 	myocardial infarctions; and
7.4 	(4) coordinate to the extent possible with national voluntary health organizations 
7.5 	involved in ST elevation myocardial infarction heart attack quality improvement to 
7.6 	encourage ST elevation myocardial infarction receiving centers to report data consistent 
7.7 	with nationally recognized guidelines on the treatment of individuals with confirmed ST 
7.8 	elevation myocardial infarction heart attacks within the state and encourage sharing of 
7.9 	information among health care providers on ways to improve the quality of care of ST 
7.10 	elevation myocardial infarction patients in Minnesota.

7.11 	Sec. 9. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, is 
7.12 	amended to read:
7.13 		Subd. 8.Correction orders. (a) A correction order may be issued whenever the 
7.14 	commissioner finds upon survey or during a complaint investigation that a home care 
7.15 	provider, a managerial official, or an employee of the provider is not in compliance with 
7.16 	sections 144A.43 to 144A.482. The correction order shall cite the specific statute and 
7.17 	document areas of noncompliance and the time allowed for correction.
7.18 	(b) The commissioner shall mail copies of any correction order within 30 calendar 
7.19 	days after an exit survey to the last known address of the home care provider, or 
7.20 	electronically scan the correction order and e-mail it to the last known home care provider 
7.21 	e-mail address, within 30 calendar days after the survey exit date. A copy of each 
7.22 	correction order and copies of any documentation supplied to the commissioner shall be 
7.23 	kept on file by the home care provider, and public documents shall be made available for 
7.24 	viewing by any person upon request. Copies may be kept electronically.
7.25 	(c) By the correction order date, the home care provider must document in the 
7.26 	provider's records any action taken to comply with the correction order. The commissioner 
7.27 	may request a copy of this documentation and the home care provider's action to respond 
7.28 	to the correction order in future surveys, upon a complaint investigation, and as otherwise 
7.29 	needed.

7.30 	EFFECTIVE DATE. This section is effective August 1, 2014, and for current 
7.31 	licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

7.32 	Sec. 10. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12, 
7.33 	is amended to read:
8.1 		Subd. 12.Reconsideration. (a) The commissioner shall make available to home 
8.2 	care providers a correction order reconsideration process. This process may be used 
8.3 	to challenge the correction order issued, including the level and scope described in 
8.4 	subdivision 11, and any fine assessed. During the correction order reconsideration 
8.5 	request, the issuance for the correction orders under reconsideration are not stayed, but 
8.6 	the department shall post information on the Web site with the correction order that the 
8.7 	licensee has requested a reconsideration and that the review is pending.
8.8 	(b) A licensed home care provider may request from the commissioner, in writing, 
8.9 	a correction order reconsideration regarding any correction order issued to the provider.
8.10 	 The written request for reconsideration must be received by the commissioner within 15 
8.11 	calendar days of the correction order receipt date. The correction order reconsideration shall 
8.12 	not be reviewed by any surveyor, investigator, or supervisor that participated in the writing 
8.13 	or reviewing of the correction order being disputed. The correction order reconsiderations 
8.14 	may be conducted in person, by telephone, by another electronic form, or in writing, as 
8.15 	determined by the commissioner. The commissioner shall respond in writing to the request 
8.16 	from a home care provider for a correction order reconsideration within 60 days of the 
8.17 	date the provider requests a reconsideration. The commissioner's response shall identify 
8.18 	the commissioner's decision regarding each citation challenged by the home care provider.
8.19 	(c) The findings of a correction order reconsideration process shall be one or more of 
8.20 	the following:
8.21 	(1) supported in full, the correction order is supported in full, with no deletion of 
8.22 	findings to the citation;
8.23 	(2) supported in substance, the correction order is supported, but one or more 
8.24 	findings are deleted or modified without any change in the citation;
8.25 	(3) correction order cited an incorrect home care licensing requirement, the correction 
8.26 	order is amended by changing the correction order to the appropriate statutory reference;
8.27 	(4) correction order was issued under an incorrect citation, the correction order is 
8.28 	amended to be issued under the more appropriate correction order citation;
8.29 	(5) the correction order is rescinded;
8.30 	(6) fine is amended, it is determined that the fine assigned to the correction order 
8.31 	was applied incorrectly; or
8.32 	(7) the level or scope of the citation is modified based on the reconsideration.
8.33 	(d) If the correction order findings are changed by the commissioner, the 
8.34 	commissioner shall update the correction order Web site.
8.35 	(e) This subdivision does not apply to temporary licensees.

9.1 	EFFECTIVE DATE. This section is effective August 1, 2014, and for current 
9.2 	licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

9.3 	Sec. 11. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, 
9.4 	is amended to read:
9.5 		Subd. 3.Notice. Prior to any suspension, revocation, or refusal to renew a license, 
9.6 	the home care provider shall be entitled to notice and a hearing as provided by sections 
9.7 	14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, 
9.8 	without a prior contested case hearing, temporarily suspend a license or prohibit delivery 
9.9 	of services by a provider for not more than 90 days if the commissioner determines that 
9.10 	the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations 
9.11 	as defined in section 144A.474, subdivision 11, paragraph (b), provided:
9.12 	(1) advance notice is given to the home care provider;
9.13 	(2) after notice, the home care provider fails to correct the problem;
9.14 	(3) the commissioner has reason to believe that other administrative remedies are not 
9.15 	likely to be effective; and
9.16 	(4) there is an opportunity for a contested case hearing within the 90 30 days unless 
9.17 	there is an extension granted by an administrative law judge pursuant to subdivision 3b.

9.18 	EFFECTIVE DATE. The amendments to this section are effective August 1, 2014, 
9.19 	and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license 
9.20 	renewal.

9.21 	Sec. 12. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
9.22 	adding a subdivision to read:
9.23 		Subd. 3a.Hearing.  Within 15 business days of receipt of the licensee's timely appeal 
9.24 	of a sanction under this section, other than for a temporary suspension, the commissioner 
9.25 	shall request assignment of an administrative law judge. The commissioner's request must 
9.26 	include a proposed date, time, and place of hearing. A hearing must be conducted by an 
9.27 	administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, 
9.28 	within 90 calendar days of the request for assignment, unless an extension is requested by 
9.29 	either party and granted by the administrative law judge for good cause or for purposes of 
9.30 	discussing settlement. In no case shall one or more extensions be granted for a total of 
9.31 	more than 90 calendar days unless there is a criminal action pending against the licensee. 
9.32 	If, while a licensee continues to operate pending an appeal of an order for revocation, 
9.33 	suspension, or refusal to renew a license, the commissioner identifies one or more new 
9.34 	violations of law that meet the requirements of level 3 or 4 violations as defined in section 
10.1 	144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to 
10.2 	temporarily suspend the license under the provisions in subdivision 3.

10.3 	EFFECTIVE DATE. This section is effective for appeals received on or after 
10.4 	August 1, 2014.

10.5 	Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by 
10.6 	adding a subdivision to read:
10.7 		Subd. 3b.Temporary suspension expedited hearing. (a) Within five business 
10.8 	days of receipt of the license holder's timely appeal of a temporary suspension, the 
10.9 	commissioner shall request assignment of an administrative law judge. The request must 
10.10 	include a proposed date, time, and place of a hearing. A hearing must be conducted by an 
10.11 	administrative law judge within 30 calendar days of the request for assignment, unless 
10.12 	an extension is requested by either party and granted by the administrative law judge 
10.13 	for good cause. The commissioner shall issue a notice of hearing by certified mail or 
10.14 	personal service at least ten business days before the hearing. Certified mail to the last 
10.15 	known address is sufficient. The scope of the hearing shall be limited solely to the issue of 
10.16 	whether the temporary suspension should remain in effect and whether there is sufficient 
10.17 	evidence to conclude that the licensee's actions or failure to comply with applicable laws 
10.18 	are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
10.19 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
10.20 	recommendation within ten business days from the date of hearing. The parties shall have 
10.21 	ten calendar days to submit exceptions to the administrative law judge's report. The 
10.22 	record shall close at the end of the ten-day period for submission of exceptions. The 
10.23 	commissioner's final order shall be issued within ten business days from the close of the 
10.24 	record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, 
10.25 	the commissioner shall issue a final order affirming the temporary immediate suspension 
10.26 	within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The 
10.27 	license holder is prohibited from operation during the temporary suspension period.
10.28 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
10.29 	final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that 
10.30 	sanction, the licensee is prohibited from operation pending a final commissioner's order 
10.31 	after the contested case hearing conducted under chapter 14.

10.32 	EFFECTIVE DATE. This section is effective August 1, 2014.

11.1 	Sec. 14. Minnesota Statutes 2012, section 144D.065, is amended to read:
11.2 	144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
11.3 	(a) If a housing with services establishment registered under this chapter has a 
11.4 	special program or special care unit for residents with Alzheimer's disease or other 
11.5 	dementias or advertises, markets, or otherwise promotes the establishment as providing
11.6 	 services for persons with Alzheimer's disease or related disorders other dementias, whether 
11.7 	in a segregated or general unit, the establishment's direct care staff and their supervisors 
11.8 	must be trained in dementia care employees of the establishment and of the establishment's 
11.9 	arranged home care provider must meet the following training requirements:
11.10 	(1) supervisors of direct-care staff must have at least eight hours of initial training on 
11.11 	topics specified under paragraph (b) within 120 hours of the employment start date, and 
11.12 	must have at least two hours of training on topics related to dementia care for each 12 
11.13 	months of employment thereafter;
11.14 	(2) direct-care employees must have completed at least eight hours of initial training  
11.15 	on topics specified under paragraph (b) within 160 hours of the employment start date. 
11.16 	Until this initial training is complete, an employee must not provide direct care unless 
11.17 	there is another employee on site who has completed the initial eight hours of training on 
11.18 	topics related to dementia care and who can act as a resource and assist if issues arise. A 
11.19 	trainer of the requirements under paragraph (b), or a supervisor meeting the requirements 
11.20 	in paragraph (a), clause (1), must be available for consultation with the new employee until 
11.21 	the training requirement is complete. Direct-care employees must have at least two hours 
11.22 	of training on topics related to dementia for each 12 months of employment thereafter;
11.23 	(3) staff who do not provide direct care, including maintenance, housekeeping and 
11.24 	food service staff must have at least four hours of initial training on topics specified under 
11.25 	paragraph (b) within 160 hours of the employment start date, and must have at least two 
11.26 	hours of training on topics related to dementia care for each 12 months of employment 
11.27 	thereafter; and
11.28 	(4) new employees may satisfy the initial training requirements by producing written 
11.29 	proof of previously completed required training within the past 18 months.
11.30 	(b) Areas of required training include:
11.31 	(1) an explanation of Alzheimer's disease and related disorders;
11.32 	(2) assistance with activities of daily living;
11.33 	(3) problem solving with challenging behaviors; and
11.34 	(4) communication skills.
11.35 	(c) The establishment shall provide to consumers in written or electronic form a 
11.36 	description of the training program, the categories of employees trained, the frequency 
12.1 	of training, and the basic topics covered. This information satisfies the disclosure 
12.2 	requirements of section 325F.72, subdivision 2, clause (4).
12.3 	(d) Housing with services establishments not included in paragraph (a) that provide 
12.4 	assisted living services under chapter 144G must meet the following training requirements:
12.5 	(1) supervisors of direct-care staff must have at least four hours of initial training on 
12.6 	topics specified under paragraph (b) within 120 hours of the employment start date, and 
12.7 	must have at least two hours of training on topics related to dementia care for each 12 
12.8 	months of employment thereafter;
12.9 	(2) direct-care employees must have completed at least four hours of initial training  
12.10 	on topics specified under paragraph (b) within 160 hours of the employment start date. 
12.11 	Until this initial training is complete, an employee must not provide direct care unless there 
12.12 	is another employee on site who has completed the initial four hours of training on topics 
12.13 	related to dementia care and who can act as a resource and assist if issues arise. A trainer 
12.14 	of the requirements under paragraph (b), or supervisor meeting the requirements under 
12.15 	paragraph (a), clause (1), must be available for consultation with the new employee until 
12.16 	the training requirement is complete. Direct-care employees must have at least two hours 
12.17 	of training on topics related to dementia for each 12 months of employment thereafter;
12.18 	(3) staff who do not provide direct care, including maintenance, housekeeping and 
12.19 	food service staff must have at least four hours of initial training on topics specified under 
12.20 	paragraph (b) within 160 hours of the employment start date, and must have at least two 
12.21 	hours of training on topics related to dementia care for each 12 months of employment 
12.22 	thereafter; and
12.23 	(4) new employees may satisfy the initial training requirements by producing written 
12.24 	proof of previously completed required training within the past 18 months.

12.25 	EFFECTIVE DATE. This section is effective January 1, 2016.

12.26 	Sec. 15. [144D.10] MANAGER REQUIREMENTS.
12.27 	(a) The person primarily responsible for oversight and management of a housing 
12.28 	with services establishment, as designated by the owner of the housing with services 
12.29 	establishment, must obtain at least 30 hours of continuing education every two years of 
12.30 	employment as the manager in topics relevant to the operations of the housing with services 
12.31 	establishment and the needs of its tenants. Continuing education earned to maintain a 
12.32 	professional license, such as nursing home administrator license, nursing license, social 
12.33 	worker license, and real estate license, can be used to complete this requirement.
12.34 	(b) For managers of establishments identified in section 325F.72, this continuing 
12.35 	education must include at least eight hours of documented training on the topics identified 
13.1 	in section 144D.065, paragraph (b), within 160 hours of hire, and two hours of training 
13.2 	these topics for each 12 months of employment thereafter.
13.3 	(c) For managers of establishments not covered by section 325F.72, but who provide 
13.4 	assisted living services under chapter 144G, this continuing education must include at 
13.5 	least four hours of documented training on the topics identified in section 144D.065, 
13.6 	paragraph (b), within 160 hours of hire, and two hours of training on these topics for 
13.7 	each 12 months of employment thereafter.
13.8 	(d) A statement verifying compliance with the continuing education requirement 
13.9 	must be included in the housing with services establishment's annual registration to the 
13.10 	commissioner of health. The establishment must maintain records for at least three years 
13.11 	demonstrating that the person primarily responsible for oversight and management of the 
13.12 	establishment has attended educational programs as required by this section.
13.13 	(e) New managers may satisfy the initial dementia training requirements by producing 
13.14 	written proof of previously completed required training within the past 18 months.

13.15 	EFFECTIVE DATE. This section is effective January 1, 2016.

13.16 	Sec. 16. [144D.11] EMERGENCY PLANNING.
13.17 	(a) Each registered housing with services establishment must meet the following 
13.18 	requirements:
13.19 	(1) have a written emergency disaster plan that contains a plan for evacuation, 
13.20 	addresses elements of sheltering in-place, identifies temporary relocation sites, and details 
13.21 	staff assignments in the event of a disaster or an emergency;
13.22 	(2) post an emergency disaster plan prominently;
13.23 	(3) provide building emergency exit diagrams to all tenants upon signing a lease;
13.24 	(4) post emergency exit diagrams on each floor; and
13.25 	(5) have a written policy and procedure regarding missing tenants.
13.26 	(b) Each registered housing with services establishment must provide emergency 
13.27 	and disaster training to all staff within 30 days of hire and annually thereafter and must 
13.28 	make emergency and disaster training available to all tenants annually.
13.29 	(c) Each registered housing with services location must conduct and document a fire 
13.30 	drill or other emergency drill at least every six months. To the extent possible, drills must 
13.31 	be coordinated with local fire departments or other community emergency resources.

13.32 	EFFECTIVE DATE. This section is effective January 1, 2016.

14.1 	Sec. 17. Minnesota Statutes 2012, section 149A.92, is amended by adding a 
14.2 	subdivision to read:
14.3 		Subd. 11.Scope. Notwithstanding the requirements in section 149A.50, this section 
14.4 	applies only to funeral establishments where human remains are present for the purpose 
14.5 	of preparation and embalming, private viewings, visitations, services, and holding of 
14.6 	human remains while awaiting final disposition. For the purpose of this subdivision, 
14.7 	"private viewing" means viewing of a dead human body by persons designated in section 
14.8 	149A.80, subdivision 2.

14.9 	Sec. 18. EVALUATION AND REPORTING REQUIREMENTS.
 14.10 	(a) The commissioner of health shall consult with the Alzheimer's Association, 
14.11 	Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long term 
14.12 	care, and other stakeholders to evaluate the following:
14.13 	(1) whether additional settings, provider types, licensed and unlicensed personnel, or 
14.14 	health care services regulated by the commissioner should be required to comply with the 
14.15 	training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
14.16 	(2) cost implications for the groups or individuals identified in clause (1) to comply 
14.17 	with the training requirements;
14.18 	(3) dementia education options available;
14.19 	(4) existing dementia training mandates under federal and state statutes and rules; and
14.20 	(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and 
14.21 	144D.11, and methods to determine compliance with the training requirements.
14.22 	(b) The commissioner shall report the evaluation to the chairs of the health and 
14.23 	human services committees of the legislature no later than February 15, 2015, along with 
14.24 	any recommendations for legislative changes.

14.25 	ARTICLE 2
14.26 	PUBLIC HEALTH

14.27 	Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a 
14.28 	subdivision to read:
14.29 		Subd. 1a.Areas of public health responsibility. "Areas of public health 
14.30 	responsibility" means:
14.31 	(1) assuring an adequate local public health infrastructure;
14.32 	(2) promoting healthy communities and healthy behaviors;
14.33 	(3) preventing the spread of communicable disease;
14.34 	(4) protecting against environmental health hazards;
15.1 	(5) preparing for and responding to emergencies; and
15.2 	(6) assuring health services.

15.3 	Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
15.4 		Subd. 5.Community health board. "Community health board" means a board of 
15.5 	health established, operating, and eligible for a the governing body for local public health 
15.6 	grant under sections 145A.09 to 145A.131. in Minnesota. The community health board 
15.7 	may be comprised of a single county, multiple contiguous counties, or in a limited number 
15.8 	of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the 
15.9 	responsibilities and authority under this chapter. 

15.10 	Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
15.11 	to read:
15.12 		Subd. 6a.Community health services administrator. "Community health services 
15.13 	administrator" means a person who meets personnel standards for the position established 
15.14 	under section 145A.06, subdivision 3b, and is working under a written agreement with, 
15.15 	employed by, or under contract with a community health board to provide public health 
15.16 	leadership and to discharge the administrative and program responsibilities on behalf of 
15.17 	the board.

15.18 	Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
15.19 	to read:
15.20 		Subd. 8a.Local health department. "Local health department" means an 
15.21 	operational entity that is responsible for the administration and implementation of 
15.22 	programs and services to address the areas of public health responsibility. It is governed 
15.23 	by a community health board.

15.24 	Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
15.25 	to read:
15.26 		Subd. 8b.Essential public health services. "Essential public health services" 
15.27 	means the public health activities that all communities should undertake. These services 
15.28 	serve as the framework for the National Public Health Performance Standards. In 
15.29 	Minnesota they refer to activities that are conducted to accomplish the areas of public 
15.30 	health responsibility. The ten essential public health services are to:
15.31 	(1) monitor health status to identify and solve community health problems;
15.32 	(2) diagnose and investigate health problems and health hazards in the community;
16.1 	(3) inform, educate, and empower people about health issues;
16.2 	(4) mobilize community partnerships and action to identify and solve health 
16.3 	problems;
16.4 	(5) develop policies and plans that support individual and community health efforts;
16.5 	(6) enforce laws and regulations that protect health and ensure safety;
16.6 	(7) link people to needed personal health services and assure the provision of health 
16.7 	care when otherwise unavailable;
16.8 	(8) maintain a competent public health workforce;
16.9 	(9) evaluate the effectiveness, accessibility, and quality of personal and 
16.10 	population-based health services; and
16.11 	(10) contribute to research seeking new insights and innovative solutions to health 
16.12 	problems.

16.13 	Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
16.14 		Subd. 15.Medical consultant. "Medical consultant" means a physician licensed 
16.15 	to practice medicine in Minnesota who is working under a written agreement with, 
16.16 	employed by, or on contract with a community health board of health to provide advice 
16.17 	and information, to authorize medical procedures through standing orders protocols, and 
16.18 	to assist a community health board of health and its staff in coordinating their activities 
16.19 	with local medical practitioners and health care institutions.

16.20 	Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
16.21 	to read:
16.22 		Subd. 15a.Performance management. "Performance management" means the 
16.23 	systematic process of using data for decision making by identifying outcomes and 
16.24 	standards; measuring, monitoring, and communicating progress; and engaging in quality 
16.25 	improvement activities in order to achieve desired outcomes.

16.26 	Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision 
16.27 	to read:
16.28 		Subd. 15b.Performance measures. "Performance measures" means quantitative 
16.29 	ways to define and measure performance.

16.30 	Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
16.31 		Subdivision 1.Establishment; assignment of responsibilities. (a) The governing 
16.32 	body of a city or county must undertake the responsibilities of a community health board 
17.1 	of health or establish a board of health by establishing or joining a community health 
17.2 	board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of 
17.3 	a board of health specified under section 145A.04.
17.4 	(b) A city council may ask a county or joint powers board of health to undertake 
17.5 	the responsibilities of a board of health for the city's jurisdiction. A community health 
17.6 	board must include within its jurisdiction a population of 30,000 or more persons or be 
17.7 	composed of three or more contiguous counties.
17.8 	(c) A county board or city council within the jurisdiction of a community health 
17.9 	board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
17.10 	 community health board except as specified in section 145A.10, subdivision 2 145A.131.
17.11 	(d) A county board or a joint powers board that establishes a community health 
17.12 	board and has or establishes an operational human services board under chapter 402 may 
17.13 	assign the powers and duties of a community health board to a human services board. 
17.14 	Eligibility for funding from the commissioner will be maintained if all requirements of 
17.15 	sections 145A.03 and 145A.04 are met.
17.16 	(e) Community health boards established prior to January 1, 2014, including city 
17.17 	community health boards, are eligible to maintain their status as community health boards 
17.18 	as outlined in this subdivision.
17.19 	(f) A community health board may authorize, by resolution, the community 
17.20 	health service administrator or other designated agent or agents to act on behalf of the 
17.21 	community health board.

17.22 	Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
17.23 		Subd. 2.Joint powers community health board of health. Except as preempted 
17.24 	under section 145A.10, subdivision 2, A county may establish a joint community health 
17.25 	board of health by agreement with one or more contiguous counties, or a an existing city 
17.26 	community health board may establish a joint community health board of health with one 
17.27 	or more contiguous cities in the same county, or a city may establish a joint board of health 
17.28 	with the existing city community health boards in the same county or counties within in
17.29 	 which it is located. The agreements must be established according to section 471.59.

17.30 	Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
17.31 		Subd. 4.Membership; duties of chair. A community health board of health must 
17.32 	have at least five members, one of whom must be elected by the members as chair and one 
17.33 	as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings 
18.1 	of the community health board of health and sign or authorize an agent to sign contracts and 
18.2 	other documents requiring signature on behalf of the community health board of health.

18.3 	Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
18.4 		Subd. 5.Meetings. A community health board of health must hold meetings at least 
18.5 	twice a year and as determined by its rules of procedure. The board must adopt written 
18.6 	procedures for transacting business and must keep a public record of its transactions, 
18.7 	findings, and determinations. Members may receive a per diem plus travel and other 
18.8 	eligible expenses while engaged in official duties.

18.9 	Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a 
18.10 	subdivision to read:
18.11 		Subd. 7.Community health board; eligibility for funding. A community health 
18.12 	board that meets the requirements of this section is eligible to receive the local public 
18.13 	health grant under section 145A.131 and for other funds that the commissioner grants to 
18.14 	community health boards to carry out public health activities.

18.15 	Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter 
18.16 	43, section 21, is amended to read:
18.17 	145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF 
18.18 	HEALTH.
18.19 		Subdivision 1.Jurisdiction; enforcement. (a) A county or multicountycommunity 
18.20 	health board of health has the powers and duties of a board of health for all territory within 
18.21 	its jurisdiction not under the jurisdiction of a city board of health. Under the general 
18.22 	supervision of the commissioner, the board shall enforce laws, regulations, and ordinances 
18.23 	pertaining to the powers and duties of a board of health within its jurisdictional area
18.24 	 general responsibility for development and maintenance of a system of community health 
18.25 	services under local administration and within a system of state guidelines and standards.
18.26 	(b) Under the general supervision of the commissioner, the community health board 
18.27 	shall recommend the enforcement of laws, regulations, and ordinances pertaining to the 
18.28 	powers and duties within its jurisdictional area. In the case of a multicounty or city 
18.29 	community health board, the joint powers agreement under section 145A.03, subdivision 
18.30 	2, or delegation agreement under section 145A.07 shall clearly specify enforcement 
18.31 	authorities.
18.32 	(c) A member of a community health board may not withdraw from a joint powers 
18.33 	community health board during the first two calendar years following the effective 
19.1 	date of the initial joint powers agreement. The withdrawing member must notify the 
19.2 	commissioner and the other parties to the agreement at least one year before the beginning 
19.3 	of the calendar year in which withdrawal takes effect.
19.4 	(d) The withdrawal of a county or city from a community health board does not 
19.5 	affect the eligibility for the local public health grant of any remaining county or city for 
19.6 	one calendar year following the effective date of withdrawal.
19.7 	(e) The local public health grant for a county or city that chooses to withdraw from 
19.8 	a multicounty community health board shall be reduced by the amount of the local 
19.9 	partnership incentive.
19.10 		Subd. 1a.Duties. Consistent with the guidelines and standards established under 
19.11 	section 145A.06, the community health board shall:
19.12 	(1) identify local public health priorities and implement activities to address the 
19.13 	priorities and the areas of public health responsibility, which include:
19.14 	(i) assuring an adequate local public health infrastructure by maintaining the basic 
19.15 	foundational capacities to a well-functioning public health system that includes data 
19.16 	analysis and utilization; health planning; partnership development and community 
19.17 	mobilization; policy development, analysis, and decision support; communication; and 
19.18 	public health research, evaluation, and quality improvement;
19.19 	(ii) promoting healthy communities and healthy behavior through activities 
19.20 	that improve health in a population, such as investing in healthy families; engaging 
19.21 	communities to change policies, systems, or environments to promote positive health or 
19.22 	prevent adverse health; providing information and education about healthy communities 
19.23 	or population health status; and addressing issues of health equity, health disparities, and 
19.24 	the social determinants to health;
19.25 	(iii) preventing the spread of communicable disease by preventing diseases that are 
19.26 	caused by infectious agents through detecting acute infectious diseases, ensuring the 
19.27 	reporting of infectious diseases, preventing the transmission of infectious diseases, and 
19.28 	implementing control measures during infectious disease outbreaks;
19.29 	(iv) protecting against environmental health hazards by addressing aspects of the 
19.30 	environment that pose risks to human health, such as monitoring air and water quality; 
19.31 	developing policies and programs to reduce exposure to environmental health risks and 
19.32 	promote healthy environments; and identifying and mitigating environmental risks such as 
19.33 	food and waterborne diseases, radiation, occupational health hazards, and public health 
19.34 	nuisances;
19.35 	(v) preparing and responding to emergencies by engaging in activities that prepare 
19.36 	public health departments to respond to events and incidents and assist communities in 
20.1 	recovery, such as providing leadership for public health preparedness activities with 
20.2 	a community; developing, exercising, and periodically reviewing response plans for 
20.3 	public health threats; and developing and maintaining a system of public health workforce 
20.4 	readiness, deployment, and response; and
20.5 	(vi) assuring health services by engaging in activities such as assessing the 
20.6 	availability of health-related services and health care providers in local communities, 
20.7 	identifying gaps and barriers in services; convening community partners to improve 
20.8 	community health systems; and providing services identified as priorities by the local 
20.9 	assessment and planning process; 
20.10 	(2) submit to the commissioner of health, at least every five years, a community 
20.11 	health assessment and community health improvement plan, which shall be developed 
20.12 	with input from the community and take into consideration the statewide outcomes, the 
20.13 	areas of responsibility, and essential public health services;
20.14 	(3) implement a performance management process in order to achieve desired 
20.15 	outcomes; and
20.16 	(4) annually report to the commissioner on a set of performance measures and be 
20.17 	prepared to provide documentation of ability to meet the performance measures.
20.18 		Subd. 2.Appointment of agent community health service (CHS) administrator.
 20.19 	A community health board of health must appoint, employ, or contract with a person or 
20.20 	persons CHS administrator to act on its behalf. The board shall notify the commissioner 
20.21 	of the agent's name, address, and phone number where the agent may be reached between 
20.22 	board meetings CHS administrator's contact information and submit a copy of the 
20.23 	resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
20.24 	 The resolution must specify the types of action or actions that the CHS administrator is 
20.25 	authorized to take on behalf of the board.
20.26 		Subd. 2a.Appointment of medical consultant. The community health board shall 
20.27 	appoint, employ, or contract with a medical consultant to ensure appropriate medical 
20.28 	advice and direction for the community health board and assist the board and its staff in 
20.29 	the coordination of community health services with local medical care and other health 
20.30 	services.
20.31 		Subd. 3.Employment; medical consultant employees. (a) A community health 
20.32 	board of health may establish a health department or other administrative agency and may 
20.33 	employ persons as necessary to carry out its duties.
20.34 	(b) Except where prohibited by law, employees of the community health board 
20.35 	of health may act as its agents.
21.1 	(c) Employees of the board of health are subject to any personnel administration 
21.2 	rules adopted by a city council or county board forming the board of health unless the 
21.3 	employees of the board are within the scope of a statewide personnel administration 
21.4 	system. Persons employed by a county, city, or the state whose functions and duties are 
21.5 	assumed by a community health board shall become employees of the board without 
21.6 	loss in benefits, salaries, or rights.
21.7 	(d) The board of health may appoint, employ, or contract with a medical consultant 
21.8 	to receive appropriate medical advice and direction.
21.9 		Subd. 4.Acquisition of property; request for and acceptance of funds; 
21.10 	collection of fees. (a) A community health board of health may acquire and hold in the 
21.11 	name of the county or city the lands, buildings, and equipment necessary for the purposes 
21.12 	of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts, 
21.13 	purchase, lease, or transfer of custodial control.
21.14 	(b) A community health board of health may accept gifts, grants, and subsidies from 
21.15 	any lawful source, apply for and accept state and federal funds, and request and accept 
21.16 	local tax funds.
21.17 	(c) A community health board of health may establish and collect reasonable fees 
21.18 	for performing its duties and providing community health services.
21.19 	(d) With the exception of licensing and inspection activities, access to community 
21.20 	health services provided by or on contract with the community health board of health must 
21.21 	not be denied to an individual or family because of inability to pay.
21.22 		Subd. 5.Contracts. To improve efficiency, quality, and effectiveness, avoid 
21.23 	unnecessary duplication, and gain cost advantages, a community health board of health
21.24 	 may contract to provide, receive, or ensure provision of services.
21.25 		Subd. 6.Investigation; reporting and control of communicable diseases. A 
21.26 	community health board of health shall make investigations, or coordinate with any county 
21.27 	board or city council within its jurisdiction to make investigations and reports and obey 
21.28 	instructions on the control of communicable diseases as the commissioner may direct under 
21.29 	section 144.12, 145A.06, subdivision 2, or 145A.07. Community health boards of health
21.30 	 must cooperate so far as practicable to act together to prevent and control epidemic diseases.
21.31 		Subd. 6a.Minnesota Responds Medical Reserve Corps; planning. A community 
21.32 	health board of health receiving funding for emergency preparedness or pandemic 
21.33 	influenza planning from the state or from the United States Department of Health and 
21.34 	Human Services shall participate in planning for emergency use of volunteer health 
21.35 	professionals through the Minnesota Responds Medical Reserve Corps program of the 
21.36 	Department of Health. A community health board of health shall collaborate on volunteer 
22.1 	planning with other public and private partners, including but not limited to local or 
22.2 	regional health care providers, emergency medical services, hospitals, tribal governments, 
22.3 	state and local emergency management, and local disaster relief organizations.
22.4 		Subd. 6b.Minnesota Responds Medical Reserve Corps; agreements. A 
22.5 	community health board of health, county, or city participating in the Minnesota Responds 
22.6 	Medical Reserve Corps program may enter into written mutual aid agreements for 
22.7 	deployment of its paid employees and its Minnesota Responds Medical Reserve Corps 
22.8 	volunteers with other community health boards of health, other political subdivisions 
22.9 	within the state, or with tribal governments within the state. A community health board 
22.10 	of health may also enter into agreements with the Indian Health Services of the United 
22.11 	States Department of Health and Human Services, and with boards of health, political 
22.12 	subdivisions, and tribal governments in bordering states and Canadian provinces.
22.13 		Subd. 6c.Minnesota Responds Medical Reserve Corps; when mobilized. When 
22.14 	a community health board of health, county, or city finds that the prevention, mitigation, 
22.15 	response to, or recovery from an actual or threatened public health event or emergency 
22.16 	exceeds its local capacity, it shall use available mutual aid agreements. If the event or 
22.17 	emergency exceeds mutual aid capacities, a community health board of health, county, or 
22.18 	city may request the commissioner of health to mobilize Minnesota Responds Medical 
22.19 	Reserve Corps volunteers from outside the jurisdiction of the community health board 
22.20 	of health, county, or city.
22.21 		Subd. 6d.Minnesota Responds Medical Reserve Corps; liability coverage.
 22.22 	A Minnesota Responds Medical Reserve Corps volunteer responding to a request for 
22.23 	training or assistance at the call of a community health board of health, county, or city
22.24 	 must be deemed an employee of the jurisdiction for purposes of workers' compensation, 
22.25 	tort claim defense, and indemnification.
22.26 		Subd. 7.Entry for inspection. To enforce public health laws, ordinances or rules, a 
22.27 	member or agent of a community health board of health, county, or city may enter a 
22.28 	building, conveyance, or place where contagion, infection, filth, or other source or cause 
22.29 	of preventable disease exists or is reasonably suspected.
22.30 		Subd. 8.Removal and abatement of public health nuisances. (a) If a threat to the 
22.31 	public health such as a public health nuisance, source of filth, or cause of sickness is found 
22.32 	on any property, the community health board of health, county, city, or its agent shall order 
22.33 	the owner or occupant of the property to remove or abate the threat within a time specified 
22.34 	in the notice but not longer than ten days. Action to recover costs of enforcement under 
22.35 	this subdivision must be taken as prescribed in section 145A.08.
23.1 	(b) Notice for abatement or removal must be served on the owner, occupant, or agent 
23.2 	of the property in one of the following ways:
23.3 	(1) by registered or certified mail;
23.4 	(2) by an officer authorized to serve a warrant; or
23.5 	(3) by a person aged 18 years or older who is not reasonably believed to be a party to 
23.6 	any action arising from the notice.
23.7 	(c) If the owner of the property is unknown or absent and has no known representative 
23.8 	upon whom notice can be served, the community health board of health, county, or city,
23.9 	 or its agent, shall post a written or printed notice on the property stating that, unless the 
23.10 	threat to the public health is abated or removed within a period not longer than ten days, 
23.11 	the community health board, county, or city will have the threat abated or removed at the 
23.12 	expense of the owner under section 145A.08 or other applicable state or local law.
23.13 	(d) If the owner, occupant, or agent fails or neglects to comply with the requirement 
23.14 	of the notice provided under paragraphs (b) and (c), then the community health board of 
23.15 	health, county, city, or its a designated agent of the board, county, or city shall remove or 
23.16 	abate the nuisance, source of filth, or cause of sickness described in the notice from the 
23.17 	property.
23.18 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
23.19 	community health board of health, county, or city may bring an action in the court of 
23.20 	appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board 
23.21 	has power to enforce, or to enjoin as a public health nuisance any activity or failure to 
23.22 	act that adversely affects the public health.
23.23 		Subd. 10.Hindrance of enforcement prohibited; penalty. It is a misdemeanor 
23.24 	deliberately to deliberately hinder a member of a community health board of health, 
23.25 	county or city, or its agent from entering a building, conveyance, or place where contagion, 
23.26 	infection, filth, or other source or cause of preventable disease exists or is reasonably 
23.27 	suspected, or otherwise to interfere with the performance of the duties of the board of 
23.28 	health responsible jurisdiction.
23.29 		Subd. 11.Neglect of enforcement prohibited; penalty. It is a misdemeanor for 
23.30 	a member or agent of a community health board of health, county, or city to refuse or 
23.31 	neglect to perform a duty imposed on a board of health an applicable jurisdiction by 
23.32 	statute or ordinance.
23.33 		Subd. 12.Other powers and duties established by law. This section does not limit 
23.34 	powers and duties of a community health board of health, county, or city prescribed in 
23.35 	other sections.
24.1 		Subd. 13.Recommended legislation. The community health board may recommend 
24.2 	local ordinances pertaining to community health services to any county board or city 
24.3 	council within its jurisdiction and advise the commissioner on matters relating to public 
24.4 	health that require assistance from the state, or that may be of more than local interest.
24.5 		Subd. 14.Equal access to services. The community health board must ensure that 
24.6 	community health services are accessible to all persons on the basis of need. No one shall 
24.7 	be denied services because of race, color, sex, age, language, religion, nationality, inability 
24.8 	to pay, political persuasion, or place of residence.
24.9 		Subd. 15.State and local advisory committees. (a) A state community 
24.10 	health services advisory committee is established to advise, consult with, and make 
24.11 	recommendations to the commissioner on the development, maintenance, funding, and 
24.12 	evaluation of local public health services. Each community health board may appoint a 
24.13 	member to serve on the committee. The committee must meet at least quarterly, and 
24.14 	special meetings may be called by the committee chair or a majority of the members. 
24.15 	Members or their alternates may be reimbursed for travel and other necessary expenses 
24.16 	while engaged in their official duties.
24.17 	(b) Notwithstanding section 15.059, the State Community Health Services Advisory 
24.18 	Committee does not expire.
24.19 	(c) The city boards or county boards that have established or are members of a 
24.20 	community health board may appoint a community health advisory to advise, consult 
24.21 	with, and make recommendations to the community health board on the duties under 
24.22 	subdivision 1a.

24.23 	Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
24.24 		Subd. 2.Animal control. In addition to powers under sections 35.67 to 35.69, a 
24.25 	county board, city council, or municipality may adopt ordinances to issue licenses or 
24.26 	otherwise regulate the keeping of animals, to restrain animals from running at large, to 
24.27 	authorize the impounding and sale or summary destruction of animals, and to establish 
24.28 	pounds.

24.29 	Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
24.30 		Subd. 2.Supervision of local enforcement. (a) In the absence of provision for a 
24.31 	community health board of health, the commissioner may appoint three or more persons 
24.32 	to act as a board until one is established. The commissioner may fix their compensation, 
24.33 	which the county or city must pay.
25.1 	(b) The commissioner by written order may require any two or more community 
25.2 	health boards of health, counties, or cities to act together to prevent or control epidemic 
25.3 	diseases.
25.4 	(c) If a community health board, county, or city fails to comply with section 145A.04, 
25.5 	subdivision 6, the commissioner may employ medical and other help necessary to control 
25.6 	communicable disease at the expense of the board of health jurisdiction involved.
25.7 	(d) If the commissioner has reason to believe that the provisions of this chapter have 
25.8 	been violated, the commissioner shall inform the attorney general and submit information 
25.9 	to support the belief. The attorney general shall institute proceedings to enforce the 
25.10 	provisions of this chapter or shall direct the county attorney to institute proceedings.

25.11 	Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a 
25.12 	subdivision to read:
25.13 		Subd. 3a.Assistance to community health boards. The commissioner shall help 
25.14 	and advise community health boards that ask for assistance in developing, administering, 
25.15 	and carrying out public health services and programs. This assistance may consist of, 
25.16 	but is not limited to:
25.17 	(1) informational resources, consultation, and training to assist community health 
25.18 	boards plan, develop, integrate, provide, and evaluate community health services; and
25.19 	(2) administrative and program guidelines and standards developed with the advice 
25.20 	of the State Community Health Services Advisory Committee.

25.21 	Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a 
25.22 	subdivision to read:
25.23 		Subd. 3b.Personnel standards. In accordance with chapter 14, and in consultation 
25.24 	with the State Community Health Services Advisory Committee, the commissioner 
25.25 	may adopt rules to set standards for administrative and program personnel to ensure 
25.26 	competence in administration and planning.

25.27 	Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
25.28 		Subd. 5.Deadly infectious diseases. The commissioner shall promote measures 
25.29 	aimed at preventing businesses from facilitating sexual practices that transmit deadly 
25.30 	infectious diseases by providing technical advice to community health boards of health
25.31 	 to assist them in regulating these practices or closing establishments that constitute 
25.32 	a public health nuisance.

26.1 	Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a 
26.2 	subdivision to read:
26.3 		Subd. 5a.System-level performance management. To improve public health 
26.4 	and ensure the integrity and accountability of the statewide local public health system, 
26.5 	the commissioner, in consultation with the State Community Health Services Advisory 
26.6 	Committee, shall develop performance measures and implement a process to monitor 
26.7 	statewide outcomes and performance improvement.

26.8 	Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
26.9 		Subd. 6.Health volunteer program. (a) The commissioner may accept grants from 
26.10 	the United States Department of Health and Human Services for the emergency system 
26.11 	for the advanced registration of volunteer health professionals (ESAR-VHP) established 
26.12 	under United States Code, title 42, section 247d-7b. The ESAR-VHP program as 
26.13 	implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
26.14 	(b) The commissioner may maintain a registry of volunteers for the Minnesota 
26.15 	Responds Medical Reserve Corps and obtain data on volunteers relevant to possible 
26.16 	deployments within and outside the state. All state licensing and certifying boards 
26.17 	shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify 
26.18 	volunteers' information. The commissioner may also obtain information from other states 
26.19 	and national licensing or certifying boards for health practitioners.
26.20 	(c) The commissioner may share volunteers' data, including any data classified 
26.21 	as private data, from the Minnesota Responds Medical Reserve Corps registry with 
26.22 	community health boards of health, cities or counties, the University of Minnesota's 
26.23 	Academic Health Center or other public or private emergency preparedness partners, or 
26.24 	tribal governments operating Minnesota Responds Medical Reserve Corps units as needed 
26.25 	for credentialing, organizing, training, and deploying volunteers. Upon request of another 
26.26 	state participating in the ESAR-VHP or of a Canadian government administering a similar 
26.27 	health volunteer program, the commissioner may also share the volunteers' data as needed 
26.28 	for emergency preparedness and response.

26.29 	Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is 
26.30 	amended to read:
26.31 		Subd. 7. Commissioner requests for health volunteers. (a) When the 
26.32 	commissioner receives a request for health volunteers from:
26.33 	(1) a local board of health community health board, county, or city according to 
26.34 	section 145A.04, subdivision 6c;
27.1 	(2) the University of Minnesota Academic Health Center;
27.2 	(3) another state or a territory through the Interstate Emergency Management 
27.3 	Assistance Compact authorized under section 192.89;
27.4 	(4) the federal government through ESAR-VHP or another similar program; or
27.5 	(5) a tribal or Canadian government;
27.6 	the commissioner shall determine if deployment of Minnesota Responds Medical Reserve 
27.7 	Corps volunteers from outside the requesting jurisdiction is in the public interest. If so, 
27.8 	the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to 
27.9 	respond to the request. The commissioner may also ask for Minnesota Responds Medical 
27.10 	Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
27.11 	(b) The commissioner may request Minnesota Responds Medical Reserve Corps 
27.12 	volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile 
27.13 	or temporary units providing emergency patient stabilization, medical transport, or 
27.14 	ambulatory care. The commissioner may utilize the volunteers for training, mobilization 
27.15 	or demobilization, inspection, maintenance, repair, or other support functions for the 
27.16 	MMU facility or for other emergency units, as well as for provision of health care services.
27.17 	(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds 
27.18 	Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other 
27.19 	compensation provided by the volunteer's employer during volunteer service requested by 
27.20 	the commissioner. An employer is not liable for actions of an employee while serving as a 
27.21 	Minnesota Responds Medical Reserve Corps volunteer.
27.22 	(d) If the commissioner matches the request under paragraph (a) with Minnesota 
27.23 	Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment 
27.24 	of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to 
27.25 	the receiving jurisdiction. The commissioner shall track volunteer deployments and assist 
27.26 	sending and receiving jurisdictions in monitoring deployments, and shall coordinate 
27.27 	efforts with the division of homeland security and emergency management for out-of-state 
27.28 	deployments through the Interstate Emergency Management Assistance Compact or 
27.29 	other emergency management compacts.
27.30 	(e) Where the commissioner has deployed Minnesota Responds Medical Reserve 
27.31 	Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must 
27.32 	apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed 
27.33 	across jurisdictions by mutual aid or similar agreements prior to a commissioner's call, 
27.34 	the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed 
27.35 	as of their initial deployment in response to the event or emergency that triggered a 
27.36 	subsequent commissioner's call.
28.1 	(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a 
28.2 	request for training or assistance at the call of the commissioner must be deemed an 
28.3 	employee of the state for purposes of workers' compensation and tort claim defense and 
28.4 	indemnification under section 3.736, without regard to whether the volunteer's activity is 
28.5 	under the direction and control of the commissioner, the division of homeland security 
28.6 	and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a 
28.7 	hospital, alternate care site, or other health care provider treating patients from the public 
28.8 	health event or emergency.
28.9 	(2) For purposes of calculating workers' compensation benefits under chapter 176, 
28.10 	the daily wage must be the usual wage paid at the time of injury or death for similar services 
28.11 	performed by paid employees in the community where the volunteer regularly resides, or 
28.12 	the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
28.13 	(g) The Minnesota Responds Medical Reserve Corps volunteer must receive 
28.14 	reimbursement for travel and subsistence expenses during a deployment approved by the 
28.15 	commissioner under this subdivision according to reimbursement limits established for 
28.16 	paid state employees. Deployment begins when the volunteer leaves on the deployment 
28.17 	until the volunteer returns from the deployment, including all travel related to the 
28.18 	deployment. The Department of Health shall initially review and pay those expenses to 
28.19 	the volunteer. Except as otherwise provided by the Interstate Emergency Management 
28.20 	Assistance Compact in section 192.89 or agreements made thereunder, the department 
28.21 	shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the 
28.22 	department for expenses of the volunteers.
28.23 	(h) In the event Minnesota Responds Medical Reserve Corps volunteers are 
28.24 	deployed outside the state pursuant to the Interstate Emergency Management Assistance 
28.25 	Compact, the provisions of the Interstate Emergency Management Assistance Compact 
28.26 	must control over any inconsistent provisions in this section.
28.27 	(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim 
28.28 	for workers' compensation arising out of a deployment under this section or out of a 
28.29 	training exercise conducted by the commissioner, the volunteer's workers compensation 
28.30 	benefits must be determined under section 176.011, subdivision 9, clause (25), even if the 
28.31 	volunteer may also qualify under other clauses of section 176.011, subdivision 9.

28.32 	Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
28.33 		Subdivision 1.Agreements to perform duties of commissioner. (a) The 
28.34 	commissioner of health may enter into an agreement with any community health board of 
28.35 	health, county, or city to delegate all or part of the licensing, inspection, reporting, and 
29.1 	enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to 
29.2 	144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining 
29.3 	to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
29.4 	to 327.28.
29.5 	(b) Agreements are subject to subdivision 3.
29.6 	(c) This subdivision does not affect agreements entered into under Minnesota 
29.7 	Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

29.8 	Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
29.9 		Subd. 2.Agreements to perform duties of community health board of health.
 29.10 	A community health board of health may authorize a township board, city council, or 
29.11 	county board within its jurisdiction to establish a board of health under section 145A.03
29.12 	 and delegate to the board of health by agreement any powers or duties under sections 
29.13 	145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community 
29.14 	health board responsibilities. An agreement to delegate community health board powers 
29.15 	and duties of a board of health to a county or city must be approved by the commissioner 
29.16 	and is subject to subdivision 3.

29.17 	Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
29.18 	145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
29.19 		Subdivision 1.Cost of care. A person who has or whose dependent or spouse has a 
29.20 	communicable disease that is subject to control by the community health board of health is 
29.21 	financially liable to the unit or agency of government that paid for the reasonable cost of 
29.22 	care provided to control the disease under section 145A.04, subdivision 6.
29.23 		Subd. 2.Assessment of costs of enforcement. (a) If costs are assessed for 
29.24 	enforcement of section 145A.04, subdivision 8, and no procedure for the assessment 
29.25 	of costs has been specified in an agreement established under section 145A.07, the 
29.26 	enforcement costs must be assessed as prescribed in this subdivision.
29.27 	(b) A debt or claim against an individual owner or single piece of real property 
29.28 	resulting from an enforcement action authorized by section 145A.04, subdivision 8, must 
29.29 	not exceed the cost of abatement or removal.
29.30 	(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be 
29.31 	assessed and charged against the real property on which the public health nuisance, source 
29.32 	of filth, or cause of sickness was located. The auditor of the county in which the action is 
29.33 	taken shall extend the cost so assessed and charged on the tax roll of the county against the 
29.34 	real property on which the enforcement action was taken.
30.1 	(d) The cost of an enforcement action taken by a town or city board of health under 
30.2 	section 145A.04, subdivision 8, may be recovered from the county in which the town or 
30.3 	city is located if the city clerk or other officer certifies the costs of the enforcement action 
30.4 	to the county auditor as prescribed in this section. Taxes equal to the full amount of the 
30.5 	enforcement action but not exceeding the limit in paragraph (b) must be collected by the 
30.6 	county treasurer and paid to the city or town as other taxes are collected and paid.
30.7 		Subd. 3.Tax levy authorized. A city council or county board that has formed or is 
30.8 	a member of a community health board of health may levy taxes on all taxable property in 
30.9 	its jurisdiction to pay the cost of performing its duties under this chapter.

30.10 	Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
30.11 		Subd. 2.Levying taxes. In levying taxes authorized under section 145A.08, 
30.12 	subdivision 3, a city council or county board that has formed or is a member of a 
30.13 	community health board must consider the income and expenditures required to meet 
30.14 	local public health priorities established under section 145A.10, subdivision 5a 145A.04, 
30.15 	subdivision 1a, clause (2), and statewide outcomes established under section 145A.12, 
30.16 	subdivision 7 145A.04, subdivision 1a, clause (1).

30.17 	Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
30.18 	145A.131 LOCAL PUBLIC HEALTH GRANT.
30.19 		Subdivision 1.Funding formula for community health boards. (a) Base funding 
30.20 	for each community health board eligible for a local public health grant under section 
30.21 	145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community 
30.22 	health board's fiscal year 2003 allocations, prior to unallotment, for the following grant 
30.23 	programs: community health services subsidy; state and federal maternal and child health 
30.24 	special projects grants; family home visiting grants; TANF MN ENABL grants; TANF 
30.25 	youth risk behavior grants; and available women, infants, and children grant funds in fiscal 
30.26 	year 2003, prior to unallotment, distributed based on the proportion of WIC participants 
30.27 	served in fiscal year 2003 within the CHS service area.
30.28 	(b) Base funding for a community health board eligible for a local public health grant 
30.29 	under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph 
30.30 	(a), shall be adjusted by the percentage difference between the base, as calculated in 
30.31 	paragraph (a), and the funding available for the local public health grant.
30.32 	(c) Multicounty or multicity community health boards shall receive a local 
30.33 	partnership base of up to $5,000 per year for each county or city in the case of a multicity 
30.34 	community health board included in the community health board.
31.1 	(d) The State Community Health Advisory Committee may recommend a formula to 
31.2 	the commissioner to use in distributing state and federal funds to community health boards 
31.3 	organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally 
31.4 	identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04, 
31.5 	subdivision 1a, for use in distributing funds to community health boards beginning 
31.6 	January 1, 2006, and thereafter.
31.7 		Subd. 2.Local match. (a) A community health board that receives a local public 
31.8 	health grant shall provide at least a 75 percent match for the state funds received through 
31.9 	the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
31.10 	(b) Eligible funds must be used to meet match requirements. Eligible funds include 
31.11 	funds from local property taxes, reimbursements from third parties, fees, other local funds, 
31.12 	and donations or nonfederal grants that are used for community health services described 
31.13 	in section 145A.02, subdivision 6.
31.14 	(c) When the amount of local matching funds for a community health board is less 
31.15 	than the amount required under paragraph (a), the local public health grant provided for 
31.16 	that community health board under this section shall be reduced proportionally.
31.17 	(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
31.18 	that levies a tax for provision of community health services is exempt from any county 
31.19 	levy for the same services to the extent of the levy imposed by the city.
31.20 		Subd. 3.Accountability. (a) Community health boards accepting local public health 
31.21 	grants must document progress toward the statewide outcomes established in section 
31.22 	145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
31.23 	 meet all of the requirements and perform all of the duties described in sections 145A.03 
31.24 	and 145A.04, to maintain eligibility to receive the local public health grant.
31.25 	(b) In determining whether or not the community health board is documenting 
31.26 	progress toward statewide outcomes, the commissioner shall consider the following factors:
31.27 	(1) whether the community health board has documented progress to meeting 
31.28 	essential local activities related to the statewide outcomes, as specified in the grant 
31.29 	agreement;
31.30 	(2) the effort put forth by the community health board toward the selected statewide 
31.31 	outcomes;
31.32 	(3) whether the community health board has previously failed to document progress 
31.33 	toward selected statewide outcomes under this section;
31.34 	(4) the amount of funding received by the community health board to address the 
31.35 	statewide outcomes; and
32.1 	(5) other factors as the commissioner may require, if the commissioner specifically 
32.2 	identifies the additional factors in the commissioner's written notice of determination.
32.3 	(c) If the commissioner determines that a community health board has not by 
32.4 	the applicable deadline documented progress toward the selected statewide outcomes 
32.5 	established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall 
32.6 	notify the community health board in writing and recommend specific actions that the 
32.7 	community health board should take over the following 12 months to maintain eligibility 
32.8 	for the local public health grant.
32.9 	(d) During the 12 months following the written notification, the commissioner shall 
32.10 	provide administrative and program support to assist the community health board in 
32.11 	taking the actions recommended in the written notification.
32.12 	(e) If the community health board has not taken the specific actions recommended by 
32.13 	the commissioner within 12 months following written notification, the commissioner may 
32.14 	determine not to distribute funds to the community health board under section 145A.12, 
32.15 	subdivision 2, for the next fiscal year.
32.16 	(f) If the commissioner determines not to distribute funds for the next fiscal year, the 
32.17 	commissioner must give the community health board written notice of this determination 
32.18 	and allow the community health board to appeal the determination in writing.
32.19 	(g) If the commissioner determines not to distribute funds for the next fiscal year 
32.20 	to a community health board that has not documented progress toward the statewide 
32.21 	outcomes and not taken the actions recommended by the commissioner, the commissioner 
32.22 	may retain local public health grant funds that the community health board would have 
32.23 	otherwise received and directly carry out essential local activities to meet the statewide 
32.24 	outcomes, or contract with other units of government or community-based organizations 
32.25 	to carry out essential local activities related to the statewide outcomes.
32.26 	(h) If the community health board that does not document progress toward the 
32.27 	statewide outcomes is a city, the commissioner shall distribute the local public health 
32.28 	funds that would have been allocated to that city to the county in which the city is located, 
32.29 	if that county is part of a community health board.
32.30 	(i) The commissioner shall establish a reporting system by which community health 
32.31 	boards will document their progress toward statewide outcomes. This system will be 
32.32 	developed in consultation with the State Community Health Services Advisory Committee 
32.33 	established in section 145A.10, subdivision 10, paragraph (a).
32.34 	(b) By January 1 of each year, the commissioner shall notify community health 
32.35 	boards of the performance-related accountability requirements of the local public health 
32.36 	grant for that calendar year. Performance-related accountability requirements will be 
33.1 	comprised of a subset of the annual performance measures and will be selected in 
33.2 	consultation with the State Community Health Services Advisory Committee.
33.3 	(c) If the commissioner determines that a community health board has not met the 
33.4 	accountability requirements, the commissioner shall notify the community health board in 
33.5 	writing and recommend specific actions the community health board must take over the 
33.6 	next six months in order to maintain eligibility for the Local Public Health Act grant.
33.7 	(d) Following the written notification in paragraph (c), the commissioner shall 
33.8 	provide administrative and program support to assist the community health board as 
33.9 	required in section 145A.06, subdivision 3a.
33.10 	(e) The commissioner shall provide the community health board two months 
33.11 	following the written notification to appeal the determination in writing.
33.12 	(f) If the community health board has not submitted an appeal within two months 
33.13 	or has not taken the specific actions recommended by the commissioner within six 
33.14 	months following written notification, the commissioner may elect to not reimburse 
33.15 	invoices for funds submitted after the six-month compliance period and shall reduce by 
33.16 	1/12 the community health board's annual award allocation for every successive month 
33.17 	of noncompliance.
33.18 	(g) The commissioner may retain the amount of funding that would have been 
33.19 	allocated to the community health board and assume responsibility for public health 
33.20 	activities in the geographic area served by the community health board.
33.21 		Subd. 4.Responsibility of commissioner to ensure a statewide public health 
33.22 	system. If a county withdraws from a community health board and operates as a board of 
33.23 	health or If a community health board elects not to accept the local public health grant, 
33.24 	the commissioner may retain the amount of funding that would have been allocated to 
33.25 	the community health board using the formula described in subdivision 1 and assume 
33.26 	responsibility for public health activities to meet the statewide outcomes in the geographic 
33.27 	area served by the board of health or community health board. The commissioner may 
33.28 	elect to directly provide public health activities to meet the statewide outcomes or contract 
33.29 	with other units of government or with community-based organizations. If a city that is 
33.30 	currently a community health board withdraws from a community health board or elects 
33.31 	not to accept the local public health grant, the local public health grant funds that would 
33.32 	have been allocated to that city shall be distributed to the county in which the city is 
33.33 	located, if the county is part of a community health board.
33.34 		Subd. 5.Local public health priorities Use of funds. Community health boards 
33.35 	may use their local public health grant to address local public health priorities identified 
33.36 	under section 145A.10, subdivision 5a. funds to address the areas of public health 
34.1 	responsibility and local priorities developed through the community health assessment and 
34.2 	community health improvement planning process.

34.3 	Sec. 28. REVISOR'S INSTRUCTION.
 34.4 	(a) The revisor shall change the terms "board of health" or "local board of health" or 
34.5 	any derivative of those terms to "community health board" where it appears in Minnesota 
34.6 	Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph 
34.7 	(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15, 
34.8 	subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.225, 
34.9 	subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision 
34.10 	6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471, 
34.11 	subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14; 
34.12 	375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
34.13 	(b) The revisor shall change the cross-reference from "145A.02, subdivision 2" 
34.14 	to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805, 
34.15 	subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68; 
34.16 	38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055, 
34.17 	subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351; 
34.18 	144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2; 
34.19 	144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201, 
34.20 	subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

34.21 	Sec. 29.  REPEALER.
 34.22 	Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 
34.23 	3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4, 
34.24 	5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall 
34.25 	remove cross-references to these repealed sections and make changes necessary to correct 
34.26 	punctuation, grammar, or structure of the remaining text.

34.27 	ARTICLE 3
34.28 	HEALTH CARE

34.29 	Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, 
34.30 	is amended to read:
34.31 		Subd. 21.Provider enrollment. (a) If the commissioner or the Centers for 
34.32 	Medicare and Medicaid Services determines that a provider is designated "high-risk," the 
34.33 	commissioner may withhold payment from providers within that category upon initial 
35.1 	enrollment for a 90-day period. The withholding for each provider must begin on the date 
35.2 	of the first submission of a claim.
35.3 	(b) An enrolled provider that is also licensed by the commissioner under chapter 
35.4 	245A must designate an individual as the entity's compliance officer. The compliance 
35.5 	officer must:
35.6 	(1) develop policies and procedures to assure adherence to medical assistance laws 
35.7 	and regulations and to prevent inappropriate claims submissions;
35.8 	(2) train the employees of the provider entity, and any agents or subcontractors of 
35.9 	the provider entity including billers, on the policies and procedures under clause (1);
35.10 	(3) respond to allegations of improper conduct related to the provision or billing of 
35.11 	medical assistance services, and implement action to remediate any resulting problems;
35.12 	(4) use evaluation techniques to monitor compliance with medical assistance laws 
35.13 	and regulations;
35.14 	(5) promptly report to the commissioner any identified violations of medical 
35.15 	assistance laws or regulations; and
35.16 	(6) within 60 days of discovery by the provider of a medical assistance 
35.17 	reimbursement overpayment, report the overpayment to the commissioner and make 
35.18 	arrangements with the commissioner for the commissioner's recovery of the overpayment.
35.19 	The commissioner may require, as a condition of enrollment in medical assistance, that a 
35.20 	provider within a particular industry sector or category establish a compliance program that 
35.21 	contains the core elements established by the Centers for Medicare and Medicaid Services.
35.22 	(c) The commissioner may revoke the enrollment of an ordering or rendering 
35.23 	provider for a period of not more than one year, if the provider fails to maintain and, upon 
35.24 	request from the commissioner, provide access to documentation relating to written orders 
35.25 	or requests for payment for durable medical equipment, certifications for home health 
35.26 	services, or referrals for other items or services written or ordered by such provider, when 
35.27 	the commissioner has identified a pattern of a lack of documentation. A pattern means a 
35.28 	failure to maintain documentation or provide access to documentation on more than one 
35.29 	occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a 
35.30 	provider under the provisions of section 256B.064.
35.31 	(d) The commissioner shall terminate or deny the enrollment of any individual or 
35.32 	entity if the individual or entity has been terminated from participation in Medicare or 
35.33 	under the Medicaid program or Children's Health Insurance Program of any other state.
35.34 	(e) As a condition of enrollment in medical assistance, the commissioner shall 
35.35 	require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 
35.36 	and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 
36.1 	Services, its agents, or its designated contractors and the state agency, its agents, or its 
36.2 	designated contractors to conduct unannounced on-site inspections of any provider location. 
36.3 	The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 
36.4 	list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 
36.5 	and standards used to designate Medicare providers in Code of Federal Regulations, title 
36.6 	42, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 
36.7 	The commissioner's designations are not subject to administrative appeal.
36.8 	(f) As a condition of enrollment in medical assistance, the commissioner shall 
36.9 	require that a high-risk provider, or a person with a direct or indirect ownership interest in 
36.10 	the provider of five percent or higher, consent to criminal background checks, including 
36.11 	fingerprinting, when required to do so under state law or by a determination by the 
36.12 	commissioner or the Centers for Medicare and Medicaid Services that a provider is 
36.13 	designated high-risk for fraud, waste, or abuse.
36.14 	(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all 
36.15 	durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
36.16 	 suppliers meeting the durable medical equipment provider and supplier definition in clause 
36.17 	(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond 
36.18 	that is annually renewed and designates the Minnesota Department of Human Services as 
36.19 	the obligee, and must be submitted in a form approved by the commissioner. For purposes 
36.20 	of this clause, the following medical suppliers are not required to obtain a surety bond: 
36.21 	a federally qualified health center, a home health agency, the Indian Health Service, a 
36.22 	pharmacy, and a rural health clinic.
36.23 	(2) At the time of initial enrollment or reenrollment, the provider agency durable 
36.24 	medical equipment providers and suppliers defined in clause (3) must purchase a 
36.25 	performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in 
36.26 	the previous calendar year is up to and including $300,000, the provider agency must 
36.27 	purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid 
36.28 	revenue in the previous calendar year is over $300,000, the provider agency must purchase 
36.29 	a performance surety bond of $100,000. The performance surety bond must allow for 
36.30 	recovery of costs and fees in pursuing a claim on the bond.
36.31 	(3) "Durable medical equipment provider or supplier" means a medical supplier that 
36.32 	can purchase medical equipment or supplies for sale or rental to the general public and 
36.33 	is able to perform or arrange for necessary repairs to and maintenance of equipment 
36.34 	offered for sale or rental.
36.35 	(h) The Department of Human Services may require a provider to purchase a 
36.36 	performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, 
37.1 	or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the 
37.2 	department determines there is significant evidence of or potential for fraud and abuse by 
37.3 	the provider, or (3) the provider or category of providers is designated high-risk pursuant 
37.4 	to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The 
37.5 	performance surety bond must be in an amount of $100,000 or ten percent of the provider's 
37.6 	payments from Medicaid during the immediately preceding 12 months, whichever is 
37.7 	greater. The performance surety bond must name the Department of Human Services as 
37.8 	an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond. 
37.9 	This paragraph does not apply if the provider currently maintains a surety bond under the 
37.10 	requirements in section 256B.0659 or 256B.85.

37.11 	Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9, 
37.12 	is amended to read:
37.13 		Subd. 9.Dental services. (a) Medical assistance covers dental services.
37.14 	(b) Medical assistance dental coverage for nonpregnant adults is limited to the 
37.15 	following services:
37.16 	(1) comprehensive exams, limited to once every five years;
37.17 	(2) periodic exams, limited to one per year;
37.18 	(3) limited exams;
37.19 	(4) bitewing x-rays, limited to one per year;
37.20 	(5) periapical x-rays;
37.21 	(6) panoramic x-rays, limited to one every five years except (1) when medically 
37.22 	necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma 
37.23 	or (2) once every two years for patients who cannot cooperate for intraoral film due to 
37.24 	a developmental disability or medical condition that does not allow for intraoral film 
37.25 	placement;
37.26 	(7) prophylaxis, limited to one per year;
37.27 	(8) application of fluoride varnish, limited to one per year;
37.28 	(9) posterior fillings, all at the amalgam rate;
37.29 	(10) anterior fillings;
37.30 	(11) endodontics, limited to root canals on the anterior and premolars only;
37.31 	(12) removable prostheses, each dental arch limited to one every six years;
37.32 	(13) oral surgery, limited to extractions, biopsies, and incision and drainage of 
37.33 	abscesses;
37.34 	(14) palliative treatment and sedative fillings for relief of pain; and
37.35 	(15) full-mouth debridement, limited to one every five years.
38.1 	(c) In addition to the services specified in paragraph (b), medical assistance 
38.2 	covers the following services for adults, if provided in an outpatient hospital setting or 
38.3 	freestanding ambulatory surgical center as part of outpatient dental surgery:
38.4 	(1) periodontics, limited to periodontal scaling and root planing once every two years;
38.5 	(2) general anesthesia; and
38.6 	(3) full-mouth survey once every five years.
38.7 	(d) Medical assistance covers medically necessary dental services for children and 
38.8 	pregnant women. The following guidelines apply:
38.9 	(1) posterior fillings are paid at the amalgam rate;
38.10 	(2) application of sealants are covered once every five years per permanent molar for 
38.11 	children only;
38.12 	(3) application of fluoride varnish is covered once every six months; and
38.13 	(4) orthodontia is eligible for coverage for children only.
38.14 	(e) In addition to the services specified in paragraphs (b) and (c), medical assistance 
38.15 	covers the following services for adults:
38.16 	(1) house calls or extended care facility calls for on-site delivery of covered services;
38.17 	(2) behavioral management when additional staff time is required to accommodate 
38.18 	behavioral challenges and sedation is not used;
38.19 	(3) oral or IV sedation, if the covered dental service cannot be performed safely 
38.20 	without it or would otherwise require the service to be performed under general anesthesia 
38.21 	in a hospital or surgical center; and
38.22 	(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but 
38.23 	no more than four times per year.
38.24 	(f) The commissioner shall not require prior authorization for the services included 
38.25 	in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based 
38.26 	purchasing plans from requiring prior authorization for the services included in paragraph 
38.27 	(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

38.28 	Sec. 3. Minnesota Statutes 2012, section 256B.0751, is amended by adding a 
38.29 	subdivision to read:
38.30 		Subd. 10.Health care homes advisory committee. (a) The commissioners of 
38.31 	health and human services shall establish a health care homes advisory committee to 
38.32 	advise the commissioners on the ongoing statewide implementation of the health care 
38.33 	homes program authorized in section 256B.072.
38.34 	(b) The commissioners shall establish an advisory committee that includes 
38.35 	representatives of the health care professions such as primary care providers; nursing 
39.1 	and care coordinators; certified health care home clinics with statewide representation; 
39.2 	health plan companies; state agencies; employers; academic researchers; consumers; and 
39.3 	organizations that work to improve health care quality in Minnesota. At least 25 percent 
39.4 	of the committee members must be consumers or patients in health care homes.
39.5 	(c) The advisory committee shall advise the commissioners on ongoing 
39.6 	implementation of the health care homes program, including, but not limited to, the 
39.7 	following activities:
39.8 	(1) implementation of certified health care homes across the state on performance 
39.9 	management and implementation of benchmarking;
39.10 	(2) implementation of modifications to the health care homes program based on 
39.11 	results of the legislatively mandated health care home evaluation;
39.12 	(3) statewide solutions for engagement of employers and commercial payers;
39.13 	(4) potential modifications of the health care home rules or statutes;
39.14 	(5) consumer engagement, including patient and family-centered care, patient 
39.15 	activation in health care, and shared decision making;
39.16 	(6) oversight for health care home subject matter task forces or workgroups; and
39.17 	(7) other related issues as requested by the commissioners.
39.18 	(d) The advisory committee shall have the ability to establish subcommittees on 
39.19 	specific topics. The advisory committee is governed by section 15.059. Notwithstanding 
39.20 	section 15.059, the advisory committee does not expire.

39.21 	Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
39.22 		Subd. 16.Project extension. Minnesota Rules, parts 9500.1450; 9500.1451; 
39.23 	9500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458; 
39.24 	9500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464 are extended.

39.25 	Sec. 5. RULEMAKING; REDUNDANT PROVISION REGARDING 
39.26 	TRANSITION LENSES.
 39.27 	The commissioner of human services shall amend Minnesota Rules, part 9505.0277, 
39.28 	subpart 3, to remove transition lenses from the list of eyeglass services not eligible for 
39.29 	payment under the medical assistance program. The commissioner may use the good 
39.30 	cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt 
39.31 	rules under this section. Minnesota Statutes, section 14.386, does not apply except as 
39.32 	provided in Minnesota Statutes, section 14.388.

39.33 	Sec. 6. FEDERAL APPROVAL.
 40.1 	By October 1, 2015, the commissioner of human services shall seek federal authority 
40.2 	to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid 
40.3 	plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI). 
40.4 	To be eligible, an individual must have family income at or below 200 percent of the 
40.5 	federal poverty guidelines, except that for an individual under age 21, only the income of 
40.6 	the individual must be considered in determining eligibility. Services under this program 
40.7 	must be available on a presumptive eligibility basis.

40.8 	Sec. 7. REVISOR'S INSTRUCTION.
 40.9 	The revisor of statutes shall remove cross-references to the sections and parts 
40.10 	repealed in section 8, paragraphs (a) and (b), wherever they appear in Minnesota Rules 
40.11 	and shall make changes necessary to correct the punctuation, grammar, or structure of the 
40.12 	remaining text and preserve its meanings.

40.13 	Sec. 8.  REPEALER.
 40.14 	(a) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 
40.15 	3; and 9500.1456, are repealed.
40.16 	(b) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and 
40.17 	9505.5325, are repealed contingent upon federal approval of the state Medicaid plan 
40.18 	amendment under section 6. The commissioner of human services shall notify the revisor 
40.19 	of statutes when this occurs.

40.20 	ARTICLE 4
40.21 	CONTINUING CARE

40.22 	Section 1. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to 
40.23 	read:
40.24 		Subdivision 1.Definitions. (a) "Complex private duty home care nursing care" 
40.25 	means home care nursing services provided to recipients who are ventilator dependent or 
40.26 	for whom a physician has certified that the recipient would meet the criteria for inpatient 
40.27 	hospital intensive care unit (ICU) level of care meet the criteria for regular home care 
40.28 	nursing and require life-sustaining interventions to reduce the risk of long-term injury 
40.29 	or death.
40.30 	(b) "Private duty Home care nursing" means ongoing professional physician-ordered 
40.31 	hourly  nursing services by a registered or licensed practical nurse including assessment, 
40.32 	professional nursing tasks, and education, based on an assessment and physician orders 
40.33 	to maintain or restore optimal health of the recipient. performed by a registered nurse or 
41.1 	licensed practical nurse within the scope of practice as defined by the Minnesota Nurse 
41.2 	Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's 
41.3 	health.
41.4 	(c) "Private duty Home care nursing agency" means a medical assistance enrolled 
41.5 	provider licensed under chapter 144A to provide private duty home care nursing services.
41.6 	(d) "Regular private duty home care nursing" means nursing services provided to 
41.7 	a recipient who is considered stable and not at an inpatient hospital intensive care unit 
41.8 	level of care, but may have episodes of instability that are not life threatening. home 
41.9 	care nursing provided because:
41.10 	(1) the recipient requires more individual and continuous care than can be provided 
41.11 	during a skilled nurse visit; or
41.12 	(2) the cares are outside of the scope of services that can be provided by a home 
41.13 	health aide or personal care assistant.
41.14 	(e) "Shared private duty home care nursing" means the provision of home care 
41.15 	nursing services by a private duty home care nurse to two recipients at the same time 
41.16 	and in the same setting.

41.17 	EFFECTIVE DATE. This section is effective July 1, 2014.

41.18 	Sec. 2. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to read:
41.19 		Subd. 11.Personal care assistant; requirements. (a) A personal care assistant 
41.20 	must meet the following requirements:
41.21 	(1) be at least 18 years of age with the exception of persons who are 16 or 17 years 
41.22 	of age with these additional requirements:
41.23 	(i) supervision by a qualified professional every 60 days; and
41.24 	(ii) employment by only one personal care assistance provider agency responsible 
41.25 	for compliance with current labor laws;
41.26 	(2) be employed by a personal care assistance provider agency;
41.27 	(3) enroll with the department as a personal care assistant after clearing a background 
41.28 	study. Except as provided in subdivision 11a, before a personal care assistant provides 
41.29 	services, the personal care assistance provider agency must initiate a background study on 
41.30 	the personal care assistant under chapter 245C, and the personal care assistance provider 
41.31 	agency must have received a notice from the commissioner that the personal care assistant 
41.32 	is:
41.33 	(i) not disqualified under section 245C.14; or
41.34 	(ii) is disqualified, but the personal care assistant has received a set aside of the 
41.35 	disqualification under section 245C.22;
42.1 	(4) be able to effectively communicate with the recipient and personal care 
42.2 	assistance provider agency;
42.3 	(5) be able to provide covered personal care assistance services according to the 
42.4 	recipient's personal care assistance care plan, respond appropriately to recipient needs, 
42.5 	and report changes in the recipient's condition to the supervising qualified professional 
42.6 	or physician;
42.7 	(6) not be a consumer of personal care assistance services;
42.8 	(7) maintain daily written records including, but not limited to, time sheets under 
42.9 	subdivision 12;
42.10 	(8) effective January 1, 2010, complete standardized training as determined 
42.11 	by the commissioner before completing enrollment. The training must be available 
42.12 	in languages other than English and to those who need accommodations due to 
42.13 	disabilities. Personal care assistant training must include successful completion of the 
42.14 	following training components: basic first aid, vulnerable adult, child maltreatment, 
42.15 	OSHA universal precautions, basic roles and responsibilities of personal care assistants 
42.16 	including information about assistance with lifting and transfers for recipients, emergency 
42.17 	preparedness, orientation to positive behavioral practices, fraud issues, and completion of 
42.18 	time sheets. Upon completion of the training components, the personal care assistant must 
42.19 	demonstrate the competency to provide assistance to recipients;
42.20 	(9) complete training and orientation on the needs of the recipient; and
42.21 	(10) be limited to providing and being paid for up to 275 hours per month of personal 
42.22 	care assistance services regardless of the number of recipients being served or the number 
42.23 	of personal care assistance provider agencies enrolled with. The number of hours worked 
42.24 	per day shall not be disallowed by the department unless in violation of the law.
42.25 	(b) A legal guardian may be a personal care assistant if the guardian is not being paid 
42.26 	for the guardian services and meets the criteria for personal care assistants in paragraph (a).
42.27 	(c) Persons who do not qualify as a personal care assistant include parents, 
42.28 	stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family 
42.29 	foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; 
42.30 	and staff of a residential setting. When the personal care assistant is a relative of the 
42.31 	recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is 
42.32 	effective July 1, 2013. For purposes of this section, relative means the parent or adoptive 
42.33 	parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or 
42.34 	a grandchild.

42.35 	EFFECTIVE DATE. This section is effective the day following final enactment.

43.1 	Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21, 
43.2 	is amended to read:
43.3 		Subd. 21.Requirements for provider enrollment of personal care assistance 
43.4 	provider agencies. (a) All personal care assistance provider agencies must provide, at the 
43.5 	time of enrollment, reenrollment, and revalidation as a personal care assistance provider 
43.6 	agency in a format determined by the commissioner, information and documentation that 
43.7 	includes, but is not limited to, the following:
43.8 	(1) the personal care assistance provider agency's current contact information 
43.9 	including address, telephone number, and e-mail address;
43.10 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider's 
43.11 	Medicaid revenue in the previous calendar year is up to and including $300,000, the 
43.12 	provider agency must purchase a performance surety  bond of $50,000. If the Medicaid 
43.13 	revenue in the previous year is over $300,000, the provider agency must purchase a 
43.14 	performance surety  bond of $100,000. The performance surety  bond must be in a form 
43.15 	approved by the commissioner, must be renewed annually, and must allow for recovery of 
43.16 	costs and fees in pursuing a claim on the bond;
43.17 	(3) proof of fidelity bond coverage in the amount of $20,000;
43.18 	(4) proof of workers' compensation insurance coverage;
43.19 	(5) proof of liability insurance;
43.20 	(6) a description of the personal care assistance provider agency's organization 
43.21 	identifying the names of all owners, managing employees, staff, board of directors, and 
43.22 	the affiliations of the directors, owners, or staff to other service providers;
43.23 	(7) a copy of the personal care assistance provider agency's written policies and 
43.24 	procedures including: hiring of employees; training requirements; service delivery; 
43.25 	and employee and consumer safety including process for notification and resolution 
43.26 	of consumer grievances, identification and prevention of communicable diseases, and 
43.27 	employee misconduct;
43.28 	(8) copies of all other forms the personal care assistance provider agency uses in 
43.29 	the course of daily business including, but not limited to:
43.30 	(i) a copy of the personal care assistance provider agency's time sheet if the time 
43.31 	sheet varies from the standard time sheet for personal care assistance services approved 
43.32 	by the commissioner, and a letter requesting approval of the personal care assistance 
43.33 	provider agency's nonstandard time sheet;
43.34 	(ii) the personal care assistance provider agency's template for the personal care 
43.35 	assistance care plan; and
44.1 	(iii) the personal care assistance provider agency's template for the written 
44.2 	agreement in subdivision 20 for recipients using the personal care assistance choice 
44.3 	option, if applicable;
44.4 	(9) a list of all training and classes that the personal care assistance provider agency 
44.5 	requires of its staff providing personal care assistance services;
44.6 	(10) documentation that the personal care assistance provider agency and staff have 
44.7 	successfully completed all the training required by this section;
44.8 	(11) documentation of the agency's marketing practices;
44.9 	(12) disclosure of ownership, leasing, or management of all residential properties 
44.10 	that is used or could be used for providing home care services;
44.11 	(13) documentation that the agency will use the following percentages of revenue 
44.12 	generated from the medical assistance rate paid for personal care assistance services 
44.13 	for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 
44.14 	personal care assistance choice option and 72.5 percent of revenue from other personal 
44.15 	care assistance providers. The revenue generated by the qualified professional and the 
44.16 	reasonable costs associated with the qualified professional shall not be used in making 
44.17 	this calculation; and
44.18 	(14) effective May 15, 2010, documentation that the agency does not burden 
44.19 	recipients' free exercise of their right to choose service providers by requiring personal 
44.20 	care assistants to sign an agreement not to work with any particular personal care 
44.21 	assistance recipient or for another personal care assistance provider agency after leaving 
44.22 	the agency and that the agency is not taking action on any such agreements or requirements 
44.23 	regardless of the date signed.
44.24 	(b) Personal care assistance provider agencies shall provide the information specified 
44.25 	in paragraph (a) to the commissioner at the time the personal care assistance provider 
44.26 	agency enrolls as a vendor or upon request from the commissioner. The commissioner 
44.27 	shall collect the information specified in paragraph (a) from all personal care assistance 
44.28 	providers beginning July 1, 2009.
44.29 	(c) All personal care assistance provider agencies shall require all employees in 
44.30 	management and supervisory positions and owners of the agency who are active in the 
44.31 	day-to-day management and operations of the agency to complete mandatory training 
44.32 	as determined by the commissioner before enrollment of the agency as a provider. 
44.33 	Employees in management and supervisory positions and owners who are active in 
44.34 	the day-to-day operations of an agency who have completed the required training as 
44.35 	an employee with a personal care assistance provider agency do not need to repeat 
44.36 	the required training if they are hired by another agency, if they have completed the 
45.1 	training within the past three years. By September 1, 2010, the required training must 
45.2 	be available with meaningful access according to title VI of the Civil Rights Act and 
45.3 	federal regulations adopted under that law or any guidance from the United States Health 
45.4 	and Human Services Department. The required training must be available online or by 
45.5 	electronic remote connection. The required training must provide for competency testing. 
45.6 	Personal care assistance provider agency billing staff shall complete training about 
45.7 	personal care assistance program financial management. This training is effective July 1, 
45.8 	2009. Any personal care assistance provider agency enrolled before that date shall, if it 
45.9 	has not already, complete the provider training within 18 months of July 1, 2009. Any new 
45.10 	owners or employees in management and supervisory positions involved in the day-to-day 
45.11 	operations are required to complete mandatory training as a requisite of working for the 
45.12 	agency. Personal care assistance provider agencies certified for participation in Medicare 
45.13 	as home health agencies are exempt from the training required in this subdivision. When 
45.14 	available, Medicare-certified home health agency owners, supervisors, or managers must 
45.15 	successfully complete the competency test.

45.16 	Sec. 4. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:
45.17 		Subd. 28.Personal care assistance provider agency; required documentation.
 45.18 	(a) Required documentation must be completed and kept in the personal care assistance 
45.19 	provider agency file or the recipient's home residence. The required documentation 
45.20 	consists of:
45.21 	(1) employee files, including:
45.22 	(i) applications for employment;
45.23 	(ii) background study requests and results;
45.24 	(iii) orientation records about the agency policies;
45.25 	(iv) trainings completed with demonstration of competence;
45.26 	(v) supervisory visits;
45.27 	(vi) evaluations of employment; and
45.28 	(vii) signature on fraud statement;
45.29 	(2) recipient files, including:
45.30 	(i) demographics;
45.31 	(ii) emergency contact information and emergency backup plan;
45.32 	(iii) personal care assistance service plan;
45.33 	(iv) personal care assistance care plan;
45.34 	(v) month-to-month service use plan;
45.35 	(vi) all communication records;
46.1 	(vii) start of service information, including the written agreement with recipient; and
46.2 	(viii) date the home care bill of rights was given to the recipient;
46.3 	(3) agency policy manual, including:
46.4 	(i) policies for employment and termination;
46.5 	(ii) grievance policies with resolution of consumer grievances;
46.6 	(iii) staff and consumer safety;
46.7 	(iv) staff misconduct; and
46.8 	(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and 
46.9 	resolution of consumer grievances;
46.10 	(4) time sheets for each personal care assistant along with completed activity sheets 
46.11 	for each recipient served; and
46.12 	(5) agency marketing and advertising materials and documentation of marketing 
46.13 	activities and costs; and.
46.14 	(6) for each personal care assistant, whether or not the personal care assistant is 
46.15 	providing care to a relative as defined in subdivision 11.
46.16 	(b) The commissioner may assess a fine of up to $500 on provider agencies that do 
46.17 	not consistently comply with the requirements of this subdivision.

46.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

46.19 	Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1, 
46.20 	is amended to read:
46.21 		Subdivision 1.Essential community supports. (a) The purpose of the essential 
46.22 	community supports program is to provide targeted services to persons age 65 and older 
46.23 	who need essential community support, but whose needs do not meet the level of care 
46.24 	required for nursing facility placement under section 144.0724, subdivision 11.
46.25 	(b) Essential community supports are available not to exceed $400 per person per 
46.26 	month. Essential community supports may be used as authorized within an authorization 
46.27 	period not to exceed 12 months. Services must be available to a person who:
46.28 	(1) is age 65 or older;
46.29 	(2) is not eligible for medical assistance;
46.30 	(3) has received a community assessment under section 256B.0911, subdivision 3a 
46.31 	or 3b, and does not require the level of care provided in a nursing facility;
46.32 	(4) meets the financial eligibility criteria for the alternative care program under 
46.33 	section 256B.0913, subdivision 4;
46.34 	(5) has a community support plan; and
47.1 	(6) has been determined by a community assessment under section 256B.0911, 
47.2 	subdivision 3a or 3b, to be a person who would require provision of at least one of the 
47.3 	following services, as defined in the approved elderly waiver plan, in order to maintain 
47.4 	their community residence:
47.5 	(i) adult day services;
47.6 	(ii) caregiver support;
47.7 	(ii) (iii) homemaker support;
47.8 	(iii) (iv) chores;
47.9 	(iv) (v) a personal emergency response device or system;
47.10 	(v) (vi) home-delivered meals; or
47.11 	(vi) (vii) community living assistance as defined by the commissioner.
47.12 	(c) The person receiving any of the essential community supports in this subdivision 
47.13 	must also receive service coordination, not to exceed $600 in a 12-month authorization 
47.14 	period, as part of their community support plan.
47.15 	(d) A person who has been determined to be eligible for essential community 
47.16 	supports must be reassessed at least annually and continue to meet the criteria in paragraph 
47.17 	(b) to remain eligible for essential community supports.
47.18 	(e) The commissioner is authorized to use federal matching funds for essential 
47.19 	community supports as necessary and to meet demand for essential community supports 
47.20 	as outlined in subdivision 2, and that amount of federal funds is appropriated to the 
47.21 	commissioner for this purpose.

47.22 	Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10, 
47.23 	is amended to read:
47.24 		Subd. 10.Enrollment requirements. All(a) Except as provided in paragraph (b), 
47.25 	the following home and community-based waiver providers must provide, at the time of 
47.26 	enrollment and within 30 days of a request, in a format determined by the commissioner, 
47.27 	information and documentation that includes, but is not limited to, the following:
47.28 	(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the 
47.29 	provider's payments from Medicaid in the previous calendar year, whichever is greater;
47.30 	(2) proof of fidelity bond coverage in the amount of $20,000; and
47.31 	(3) proof of liability insurance.:
47.32 	(1) waiver services providers required to meet the provider standards in chapter 245D;
47.33 	(2) foster care providers whose services are funded by the elderly waiver or 
47.34 	alternative care program;
47.35 	(3) fiscal support entities;
48.1 	(4) adult day care providers;
48.2 	(5) providers of customized living services; and
48.3 	(6) residential care providers.
48.4 	(b) Providers of foster care services covered by section 245.814 are exempt from 
48.5 	this subdivision.

48.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

48.7 	Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
48.8 	256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE 
48.9 	WITH DISABILITIES.
48.10 	(a) Individuals receiving services under a home and community-based waiver under 
48.11 	section 256B.092 or 256B.49 may receive services in the following settings:
48.12 	(1) an individual's own home or family home;
48.13 	(2) a licensed adult foster care or child foster care setting of up to five people or 
48.14 	community residential setting of up to five people; and
48.15 	(3) community living settings as defined in section 256B.49, subdivision 23, where 
48.16 	individuals with disabilities may reside in all of the units in a building of four or fewer 
48.17 	units, and no more than the greater of four or 25 percent of the units in a multifamily 
48.18 	building of more than four units, unless required by the Housing Opportunities for Persons 
48.19 	with AIDS Program.
48.20 	(b) The settings in paragraph (a) must not:
48.21 	(1) be located in a building that is a publicly or privately operated facility that 
48.22 	provides institutional treatment or custodial care;
48.23 	(2) be located in a building on the grounds of or adjacent to a public or private 
48.24 	institution;
48.25 	(3) be a housing complex designed expressly around an individual's diagnosis or 
48.26 	disability, unless required by the Housing Opportunities for Persons with AIDS Program;
48.27 	(4) be segregated based on a disability, either physically or because of setting 
48.28 	characteristics, from the larger community; and
48.29 	(5) have the qualities of an institution which include, but are not limited to: 
48.30 	regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions 
48.31 	agreed to and documented in the person's individual service plan shall not result in a 
48.32 	residence having the qualities of an institution as long as the restrictions for the person are 
48.33 	not imposed upon others in the same residence and are the least restrictive alternative, 
48.34 	imposed for the shortest possible time to meet the person's needs.
49.1 	(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which 
49.2 	individuals receive services under a home and community-based waiver as of July 1, 
49.3 	2012, and the setting does not meet the criteria of this section.
49.4 	(d) Notwithstanding paragraph (c), a program in Hennepin County established as 
49.5 	part of a Hennepin County demonstration project is qualified for the exception allowed 
49.6 	under paragraph (c).
49.7 	(e) The commissioner shall submit an amendment to the waiver plan no later than 
49.8 	December 31, 2012.

49.9 	Sec. 8. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
49.10 		Subdivision 1.Commissioner's duties; report. The commissioner of human 
49.11 	services shall solicit proposals for the conversion of services provided for persons with 
49.12 	disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or 
49.13 	community residential settings licensed under chapter 245D, to other types of community 
49.14 	settings in conjunction with the closure of identified licensed adult foster care settings.

49.15 	Sec. 9. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
49.16 		Subdivision 1.Managed care pilot. The commissioner may initiate a capitated 
49.17 	risk-based managed care option for services in an intermediate care facility for persons 
49.18 	with developmental disabilities according to the terms and conditions of the federal 
49.19 	agreement governing the managed care pilot. The commissioner may grant a variance 
49.20 	to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts 
49.21 	9525.1200 to 9525.1330 and 9525.1580.

49.22 	Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, 
49.23 	is amended to read:
49.24 		Subd. 12.Requirements for enrollment of CFSS provider agencies. (a) All CFSS 
49.25 	provider agencies must provide, at the time of enrollment, reenrollment, and revalidation 
49.26 	as a CFSS provider agency in a format determined by the commissioner, information and 
49.27 	documentation that includes, but is not limited to, the following:
49.28 	(1) the CFSS provider agency's current contact information including address, 
49.29 	telephone number, and e-mail address;
49.30 	(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's 
49.31 	Medicaid revenue in the previous calendar year is less than or equal to $300,000, the 
49.32 	provider agency must purchase a performance surety bond of $50,000. If the provider 
49.33 	agency's Medicaid revenue in the previous calendar year is greater than $300,000, the 
50.1 	provider agency must purchase a performance surety bond of $100,000. The performance
50.2 	 surety bond must be in a form approved by the commissioner, must be renewed annually, 
50.3 	and must allow for recovery of costs and fees in pursuing a claim on the bond;
50.4 	(3) proof of fidelity bond coverage in the amount of $20,000;
50.5 	(4) proof of workers' compensation insurance coverage;
50.6 	(5) proof of liability insurance;
50.7 	(6) a description of the CFSS provider agency's organization identifying the names 
50.8 	of all owners, managing employees, staff, board of directors, and the affiliations of the 
50.9 	directors, owners, or staff to other service providers;
50.10 	(7) a copy of the CFSS provider agency's written policies and procedures including: 
50.11 	hiring of employees; training requirements; service delivery; and employee and consumer 
50.12 	safety including process for notification and resolution of consumer grievances, 
50.13 	identification and prevention of communicable diseases, and employee misconduct;
50.14 	(8) copies of all other forms the CFSS provider agency uses in the course of daily 
50.15 	business including, but not limited to:
50.16 	(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from 
50.17 	the standard time sheet for CFSS services approved by the commissioner, and a letter 
50.18 	requesting approval of the CFSS provider agency's nonstandard time sheet; and
50.19 	(ii) the CFSS provider agency's template for the CFSS care plan;
50.20 	(9) a list of all training and classes that the CFSS provider agency requires of its 
50.21 	staff providing CFSS services;
50.22 	(10) documentation that the CFSS provider agency and staff have successfully 
50.23 	completed all the training required by this section;
50.24 	(11) documentation of the agency's marketing practices;
50.25 	(12) disclosure of ownership, leasing, or management of all residential properties 
50.26 	that are used or could be used for providing home care services;
50.27 	(13) documentation that the agency will use at least the following percentages of 
50.28 	revenue generated from the medical assistance rate paid for CFSS services for employee 
50.29 	personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. 
50.30 	The revenue generated by the support specialist and the reasonable costs associated with 
50.31 	the support specialist shall not be used in making this calculation; and
50.32 	(14) documentation that the agency does not burden recipients' free exercise of their 
50.33 	right to choose service providers by requiring personal care assistants to sign an agreement 
50.34 	not to work with any particular CFSS recipient or for another CFSS provider agency after 
50.35 	leaving the agency and that the agency is not taking action on any such agreements or 
50.36 	requirements regardless of the date signed.
51.1 	(b) CFSS provider agencies shall provide to the commissioner the information 
51.2 	specified in paragraph (a).
51.3 	(c) All CFSS provider agencies shall require all employees in management and 
51.4 	supervisory positions and owners of the agency who are active in the day-to-day 
51.5 	management and operations of the agency to complete mandatory training as determined 
51.6 	by the commissioner. Employees in management and supervisory positions and owners 
51.7 	who are active in the day-to-day operations of an agency who have completed the required 
51.8 	training as an employee with a CFSS provider agency do not need to repeat the required 
51.9 	training if they are hired by another agency, if they have completed the training within 
51.10 	the past three years. CFSS provider agency billing staff shall complete training about 
51.11 	CFSS program financial management. Any new owners or employees in management 
51.12 	and supervisory positions involved in the day-to-day operations are required to complete 
51.13 	mandatory training as a requisite of working for the agency. CFSS provider agencies 
51.14 	certified for participation in Medicare as home health agencies are exempt from the 
51.15 	training required in this subdivision.

51.16 	Sec. 11. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
51.17 		Subd. 1e.Rules regarding emergency assistance. The commissioner shall adopt 
51.18 	rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use 
51.19 	of the emergency program under MFIP as the primary financial resource when available. 
51.20 	The commissioner shall adopt rules for eligibility for general assistance of persons with 
51.21 	seasonal income and may attribute seasonal income to other periods not in excess of one 
51.22 	year from receipt by an applicant or recipient. General assistance payments may not be 
51.23 	made for foster care, community residential settings licensed under chapter 245D, child 
51.24 	welfare services, or other social services. Vendor payments and vouchers may be issued 
51.25 	only as authorized in sections 256D.05, subdivision 6, and 256D.09.

51.26 	Sec. 12. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is 
51.27 	amended to read:
51.28 		Subd. 5.Special needs. In addition to the state standards of assistance established in 
51.29 	subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 
51.30 	Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 
51.31 	center, or a group residential housing facility.
51.32 	(a) The county agency shall pay a monthly allowance for medically prescribed 
51.33 	diets if the cost of those additional dietary needs cannot be met through some other 
51.34 	maintenance benefit. The need for special diets or dietary items must be prescribed by 
52.1 	a licensed physician. Costs for special diets shall be determined as percentages of the 
52.2 	allotment for a one-person household under the thrifty food plan as defined by the United 
52.3 	States Department of Agriculture. The types of diets and the percentages of the thrifty 
52.4 	food plan that are covered are as follows:
52.5 	(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
52.6 	(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 
52.7 	of thrifty food plan;
52.8 	(3) controlled protein diet, less than 40 grams and requires special products, 125 
52.9 	percent of thrifty food plan;
52.10 	(4) low cholesterol diet, 25 percent of thrifty food plan;
52.11 	(5) high residue diet, 20 percent of thrifty food plan;
52.12 	(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
52.13 	(7) gluten-free diet, 25 percent of thrifty food plan;
52.14 	(8) lactose-free diet, 25 percent of thrifty food plan;
52.15 	(9) antidumping diet, 15 percent of thrifty food plan;
52.16 	(10) hypoglycemic diet, 15 percent of thrifty food plan; or
52.17 	(11) ketogenic diet, 25 percent of thrifty food plan.
52.18 	(b) Payment for nonrecurring special needs must be allowed for necessary home 
52.19 	repairs or necessary repairs or replacement of household furniture and appliances using 
52.20 	the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 
52.21 	as long as other funding sources are not available.
52.22 	(c) A fee for guardian or conservator service is allowed at a reasonable rate 
52.23 	negotiated by the county or approved by the court. This rate shall not exceed five percent 
52.24 	of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 
52.25 	guardian or conservator is a member of the county agency staff, no fee is allowed.
52.26 	(d) The county agency shall continue to pay a monthly allowance of $68 for 
52.27 	restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 
52.28 	1990, and who eats two or more meals in a restaurant daily. The allowance must continue 
52.29 	until the person has not received Minnesota supplemental aid for one full calendar month 
52.30 	or until the person's living arrangement changes and the person no longer meets the criteria 
52.31 	for the restaurant meal allowance, whichever occurs first.
52.32 	(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 
52.33 	is allowed for representative payee services provided by an agency that meets the 
52.34 	requirements under SSI regulations to charge a fee for representative payee services. This 
52.35 	special need is available to all recipients of Minnesota supplemental aid regardless of 
52.36 	their living arrangement.
53.1 	(f)(1) Notwithstanding the language in this subdivision, an amount equal to the 
53.2 	maximum allotment authorized by the federal Food Stamp Program for a single individual 
53.3 	which is in effect on the first day of July of each year will be added to the standards of 
53.4 	assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify 
53.5 	as shelter needy and are: (i) relocating from an institution, or an adult mental health 
53.6 	residential treatment program under section 256B.0622; (ii) eligible for the self-directed 
53.7 	supports option as defined under section 256B.0657, subdivision 2; or (iii) home and 
53.8 	community-based waiver recipients living in their own home or rented or leased apartment 
53.9 	which is not owned, operated, or controlled by a provider of service not related by blood 
53.10 	or marriage, unless allowed under paragraph (g).
53.11 	(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 
53.12 	shelter needy benefit under this paragraph is considered a household of one. An eligible 
53.13 	individual who receives this benefit prior to age 65 may continue to receive the benefit 
53.14 	after the age of 65.
53.15 	(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 
53.16 	exceed 40 percent of the assistance unit's gross income before the application of this 
53.17 	special needs standard. "Gross income" for the purposes of this section is the applicant's or 
53.18 	recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 
53.19 	in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 
53.20 	state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 
53.21 	considered shelter needy for purposes of this paragraph.
53.22 	(g) Notwithstanding this subdivision, to access housing and services as provided 
53.23 	in paragraph (f), the recipient may choose housing that may be owned, operated, or 
53.24 	controlled by the recipient's service provider. In a multifamily building of more than four 
53.25 	units, the maximum number of units that may be used by recipients of this program shall 
53.26 	be the greater of four units or 25 percent of the units in the building, unless required by the 
53.27 	Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four 
53.28 	or fewer units, all of the units may be used by recipients of this program. When housing is 
53.29 	controlled by the service provider, the individual may choose the individual's own service 
53.30 	provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is 
53.31 	controlled by the service provider, the service provider shall implement a plan with the 
53.32 	recipient to transition the lease to the recipient's name. Within two years of signing the 
53.33 	initial lease, the service provider shall transfer the lease entered into under this subdivision 
53.34 	to the recipient. In the event the landlord denies this transfer, the commissioner may 
53.35 	approve an exception within sufficient time to ensure the continued occupancy by the 
53.36 	recipient. This paragraph expires June 30, 2016.

54.1 	Sec. 13. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
54.2 		Subd. 6.Excluded time. "Excluded time" means:
54.3 	(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter 
54.4 	other than an emergency shelter, halfway house, foster home, community residential 
54.5 	setting licensed under chapter 245D, semi-independent living domicile or services 
54.6 	program, residential facility offering care, board and lodging facility or other institution 
54.7 	for the hospitalization or care of human beings, as defined in section 144.50, 144A.01, 
54.8 	or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional 
54.9 	facility; or any facility based on an emergency hold under sections 253B.05, subdivisions 
54.10 	1 and 2, and 253B.07, subdivision 6;
54.11 	(2) any period an applicant spends on a placement basis in a training and habilitation 
54.12 	program, including: a rehabilitation facility or work or employment program as defined 
54.13 	in section 268A.01; semi-independent living services provided under section 252.275, 
54.14 	and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation 
54.15 	programs and assisted living services; and
54.16 	(3) any placement for a person with an indeterminate commitment, including 
54.17 	independent living.

54.18 	Sec. 14. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
54.19 		Subd. 3.Group residential housing. "Group residential housing" means a group 
54.20 	living situation that provides at a minimum room and board to unrelated persons who 
54.21 	meet the eligibility requirements of section 256I.04. This definition includes foster care 
54.22 	settings or community residential settings for a single adult. To receive payment for a 
54.23 	group residence rate, the residence must meet the requirements under section 256I.04, 
54.24 	subdivision 2a.

54.25 	Sec. 15. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
54.26 		Subd. 2a.License required. A county agency may not enter into an agreement with 
54.27 	an establishment to provide group residential housing unless:
54.28 	(1) the establishment is licensed by the Department of Health as a hotel and 
54.29 	restaurant; a board and lodging establishment; a residential care home; a boarding care 
54.30 	home before March 1, 1985; or a supervised living facility, and the service provider 
54.31 	for residents of the facility is licensed under chapter 245A. However, an establishment 
54.32 	licensed by the Department of Health to provide lodging need not also be licensed to 
54.33 	provide board if meals are being supplied to residents under a contract with a food vendor 
54.34 	who is licensed by the Department of Health;
55.1 	(2) the residence is: (i) licensed by the commissioner of human services under 
55.2 	Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 
55.3 	agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 
55.4 	to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 
55.5 	parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or 
55.6 	(iv) licensed by the commissioner of human services under chapter 245D;
55.7 	(3) the establishment is registered under chapter 144D and provides three meals a 
55.8 	day, or is an establishment voluntarily registered under section 144D.025 as a supportive 
55.9 	housing establishment; or
55.10 	(4) an establishment voluntarily registered under section 144D.025, other than 
55.11 	a supportive housing establishment under clause (3), is not eligible to provide group 
55.12 	residential housing.
55.13 	The requirements under clauses (1) to (4) do not apply to establishments exempt 
55.14 	from state licensure because they are located on Indian reservations and subject to tribal 
55.15 	health and safety requirements.

55.16 	Sec. 16. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is 
55.17 	amended to read:
55.18 		Subd. 9.Common entry point designation. (a)  Each county board shall designate a 
55.19 	common entry point for reports of suspected maltreatment, for use until the commissioner 
55.20 	of human services establishes a common entry point. Two or more county boards may 
55.21 	jointly designate a single common entry point. The commissioner of human services shall 
55.22 	establish a common entry point effective July 1, 2014 2015. The common entry point is 
55.23 	the unit responsible for receiving the report of suspected maltreatment under this section.
55.24 	(b) The common entry point must be available 24 hours per day to take calls from 
55.25 	reporters of suspected maltreatment. The common entry point shall use a standard intake 
55.26 	form that includes:
55.27 	(1) the time and date of the report;
55.28 	(2) the name, address, and telephone number of the person reporting;
55.29 	(3) the time, date, and location of the incident;
55.30 	(4) the names of the persons involved, including but not limited to, perpetrators, 
55.31 	alleged victims, and witnesses;
55.32 	(5) whether there was a risk of imminent danger to the alleged victim;
55.33 	(6) a description of the suspected maltreatment;
55.34 	(7) the disability, if any, of the alleged victim;
55.35 	(8) the relationship of the alleged perpetrator to the alleged victim;
56.1 	(9) whether a facility was involved and, if so, which agency licenses the facility;
56.2 	(10) any action taken by the common entry point;
56.3 	(11) whether law enforcement has been notified;
56.4 	(12) whether the reporter wishes to receive notification of the initial and final 
56.5 	reports; and
56.6 	(13) if the report is from a facility with an internal reporting procedure, the name, 
56.7 	mailing address, and telephone number of the person who initiated the report internally.
56.8 	(c) The common entry point is not required to complete each item on the form prior 
56.9 	to dispatching the report to the appropriate lead investigative agency.
56.10 	(d) The common entry point shall immediately report to a law enforcement agency 
56.11 	any incident in which there is reason to believe a crime has been committed.
56.12 	(e) If a report is initially made to a law enforcement agency or a lead investigative 
56.13 	agency, those agencies shall take the report on the appropriate common entry point intake 
56.14 	forms and immediately forward a copy to the common entry point.
56.15 	(f) The common entry point staff must receive training on how to screen and 
56.16 	dispatch reports efficiently and in accordance with this section.
56.17 	(g) The commissioner of human services shall maintain a centralized database 
56.18 	for the collection of common entry point data, lead investigative agency data including 
56.19 	maltreatment report disposition, and appeals data. The common entry point shall 
56.20 	have access to the centralized database and must log the reports into the database and 
56.21 	immediately identify and locate prior reports of abuse, neglect, or exploitation.
56.22 	(h) When appropriate, the common entry point staff must refer calls that do not 
56.23 	allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations 
56.24 	that might resolve the reporter's concerns.
56.25 	(i) A common entry point must be operated in a manner that enables the 
56.26 	commissioner of human services to:
56.27 	(1) track critical steps in the reporting, evaluation, referral, response, disposition, 
56.28 	and investigative process to ensure compliance with all requirements for all reports;
56.29 	(2) maintain data to facilitate the production of aggregate statistical reports for 
56.30 	monitoring patterns of abuse, neglect, or exploitation;
56.31 	(3) serve as a resource for the evaluation, management, and planning of preventative 
56.32 	and remedial services for vulnerable adults who have been subject to abuse, neglect, 
56.33 	or exploitation;
56.34 	(4) set standards, priorities, and policies to maximize the efficiency and effectiveness 
56.35 	of the common entry point; and
56.36 	(5) track and manage consumer complaints related to the common entry point.
57.1 	(j) The commissioners of human services and health shall collaborate on the 
57.2 	creation of a system for referring reports to the lead investigative agencies. This system 
57.3 	shall enable the commissioner of human services to track critical steps in the reporting, 
57.4 	evaluation, referral, response, disposition, investigation, notification, determination, and 
57.5 	appeal processes.

57.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

57.7 	Sec. 17. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective 
57.8 	date, is amended to read:

57.9 	EFFECTIVE DATE. This section is effective January 1, 2014, for adults age 21 or 
57.10 	older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

57.11 	Sec. 18. Laws 2013, chapter 108, article 7, section 60, is amended to read:
57.12 	Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL 
57.13 	1, 2014.
 57.14 	(a) The commissioner of human services shall increase reimbursement rates, grants, 
57.15 	allocations, individual limits, and rate limits, as applicable, by one percent for the rate 
57.16 	period beginning April 1, 2014, for services rendered on or after those dates. County or 
57.17 	tribal contracts for services specified in this section must be amended to pass through 
57.18 	these rate increases within 60 days of the effective date.
57.19 	(b) The rate changes described in this section must be provided to:
57.20 	(1) home and community-based waivered services for persons with developmental 
57.21 	disabilities or related conditions, including consumer-directed community supports, under 
57.22 	Minnesota Statutes, section 256B.501;
57.23 	(2) waivered services under community alternatives for disabled individuals, 
57.24 	including consumer-directed community supports, under Minnesota Statutes, section 
57.25 	256B.49;
57.26 	(3) community alternative care waivered services, including consumer-directed 
57.27 	community supports, under Minnesota Statutes, section 256B.49;
57.28 	(4) brain injury waivered services, including consumer-directed community 
57.29 	supports, under Minnesota Statutes, section 256B.49;
57.30 	(5) home and community-based waivered services for the elderly under Minnesota 
57.31 	Statutes, section 256B.0915;
57.32 	(6) nursing services and home health services under Minnesota Statutes, section 
57.33 	256B.0625, subdivision 6a;
58.1 	(7) personal care services and qualified professional supervision of personal care 
58.2 	services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
58.3 	(8) private duty nursing services under Minnesota Statutes, section 256B.0625, 
58.4 	subdivision 7;
58.5 	(9) day training and habilitation services for adults with developmental disabilities 
58.6 	or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the 
58.7 	additional cost of rate adjustments on day training and habilitation services, provided as a 
58.8 	social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
58.9 	(10) alternative care services under Minnesota Statutes, section 256B.0913, and 
58.10 	essential community supports under Minnesota Statutes, section 256B.0922;
58.11 	(11) living skills training programs for persons with intractable epilepsy who need 
58.12 	assistance in the transition to independent living under Laws 1988, chapter 689;
58.13 	(12) semi-independent living services (SILS) under Minnesota Statutes, section 
58.14 	252.275, including SILS funding under county social services grants formerly funded 
58.15 	under Minnesota Statutes, chapter 256M;
58.16 	(13) consumer support grants under Minnesota Statutes, section 256.476;
58.17 	(14) family support grants under Minnesota Statutes, section 252.32;
58.18 	(15) housing access grants under Minnesota Statutes, sections 256B.0658 and 
58.19 	256B.0917, subdivision 14;
58.20 	(16) self-advocacy grants under Laws 2009, chapter 101;
58.21 	(17) technology grants under Laws 2009, chapter 79;
58.22 	(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917, 
58.23 	and 256B.0928; and
58.24 	(19) community support services for deaf and hard-of-hearing adults with mental 
58.25 	illness who use or wish to use sign language as their primary means of communication 
58.26 	under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing 
58.27 	grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; 
58.28 	and Laws 1997, First Special Session chapter 5, section 20.
58.29 	(c) A managed care plan receiving state payments for the services in this section 
58.30 	must include these increases in their payments to providers. To implement the rate increase 
58.31 	in this section, capitation rates paid by the commissioner to managed care organizations 
58.32 	under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the 
58.33 	specified services for the period beginning April 1, 2014.
58.34 	(d) Counties shall increase the budget for each recipient of consumer-directed 
58.35 	community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).

58.36 	EFFECTIVE DATE. This section is effective April 1, 2014.

59.1 	Sec. 19. REVISOR'S INSTRUCTION.
 59.2 	The revisor of statutes shall change the term "private duty nursing" or similar terms 
59.3 	to "home care nursing" or similar terms, and shall change the term "private duty nurse" to 
59.4 	"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota 
59.5 	Rules. The revisor shall also make grammatical changes related to the changes in terms.

59.6 	Sec. 20.  REPEALER.
 59.7 	Minnesota Rules, part 9525.1580, is repealed.

59.8 	ARTICLE 5
59.9 	CHILDREN AND FAMILIES

59.10 	Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to 
59.11 	read:
59.12 		Subd. 19.Family day care and group family day care child age classifications.
 59.13 	(a) For the purposes of family day care and group family day care licensing under this 
59.14 	chapter, the following terms have the meanings given them in this subdivision.
59.15 	(b) "Newborn" means a child between birth and six weeks old.
59.16 	(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
59.17 	(d) "Toddler" means a child who is at least 12 months old but less than 24 months 
59.18 	old, except that for purposes of specialized infant and toddler family and group family day 
59.19 	care, "toddler" means a child who is at least 12 months old but less than 30 months old.
59.20 	(e) "Preschooler" means a child who is at least 24 months old up to the school age of 
59.21 	being eligible to enter kindergarten within the next four months.
59.22 	(f) "School age" means a child who is at least of sufficient age to have attended the 
59.23 	first day of kindergarten, or is eligible to enter kindergarten within the next four months
59.24 	 five years of age, but is younger than 11 years of age.

59.25 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
59.26 	245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT 
59.27 	DEATH IN LICENSED PROGRAMS.
59.28 	(a) When a license holder is placing an infant to sleep, the license holder must place 
59.29 	the infant on the infant's back, unless the license holder has documentation from the 
59.30 	infant's physician directing an alternative sleeping position for the infant. The physician 
59.31 	directive must be on a form approved by the commissioner and must remain on file at the 
59.32 	licensed location. An infant who independently rolls onto its stomach after being placed to 
60.1 	sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least 
60.2 	six months of age or the license holder has a signed statement from the parent indicating 
60.3 	that the infant regularly rolls over at home.
60.4 	(b) The license holder must place the infant in a crib directly on a firm mattress with 
60.5 	a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and 
60.6 	overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of 
60.7 	the sheet with reasonable effort. The license holder must not place anything in the crib with 
60.8 	the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, 
60.9 	part 1511. The requirements of this section apply to license holders serving infants younger 
60.10 	than one year of age. Licensed child care providers must meet the crib requirements under 
60.11 	section 245A.146. A correction order shall not be issued under this paragraph unless there 
60.12 	is evidence that a violation occurred when an infant was present in the license holder's care.
60.13 	(c) If an infant falls asleep before being placed in a crib, the license holder must 
60.14 	move the infant to a crib as soon as practicable, and must keep the infant within sight of 
60.15 	the license holder until the infant is placed in a crib. When an infant falls asleep while 
60.16 	being held, the license holder must consider the supervision needs of other children in 
60.17 	care when determining how long to hold the infant before placing the infant in a crib to 
60.18 	sleep. The sleeping infant must not be in a position where the airway may be blocked or 
60.19 	with anything covering the infant's face.
60.20 	(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended 
60.21 	for an infant of any age and is prohibited for any infant who has begun to roll over 
60.22 	independently. However, with the written consent of a parent or guardian according to this 
60.23 	paragraph, a license holder may place the infant who has not yet begun to roll over on its 
60.24 	own down to sleep in a one-piece sleeper equipped with an attached system that fastens 
60.25 	securely only across the upper torso, with no constriction of the hips or legs, to create a 
60.26 	swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter, 
60.27 	the license holder must obtain informed written consent for the use of swaddling from the 
60.28 	parent or guardian of the infant on a form provided by the commissioner and prepared in 
60.29 	partnership with the Minnesota Sudden Infant Death Center.
60.30 	(e) A license holder must be able to show a safe sleep space readily available for 
60.31 	each infant present in the license holder's care. Each safe sleep space must meet the 
60.32 	requirements of this subdivision.

60.33 	Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is 
60.34 	amended to read:
61.1 		Subd. 5.Sudden unexpected infant death and abusive head trauma training.
 61.2 	(a) License holders must document that before staff persons, caregivers, and helpers 
61.3 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
61.4 	receive training on reducing the risk of sudden unexpected infant death. In addition, 
61.5 	license holders must document that before staff persons, caregivers, and helpers assist in 
61.6 	the care of infants and children under school age, they receive training on reducing the 
61.7 	risk of abusive head trauma from shaking infants and young children. The training in this 
61.8 	subdivision may be provided as initial training under subdivision 1 or ongoing annual 
61.9 	training under subdivision 7.
61.10 	(b) Sudden unexpected infant death reduction training required under this subdivision 
61.11 	must be at least one-half hour in length and must be completed in person at least once 
61.12 	every two years. On the years when the license holder is not receiving the in-person 
61.13 	training on sudden unexpected infant death reduction, the license holder must receive 
61.14 	sudden unexpected infant death reduction training through a video of no more than one 
61.15 	hour in length developed or approved by the commissioner., at a minimum, the training 
61.16 	must address the risk factors related to sudden unexpected infant death, means of reducing 
61.17 	the risk of sudden unexpected infant death in child care, and license holder communication 
61.18 	with parents regarding reducing the risk of sudden unexpected infant death.
61.19 	(c) Abusive head trauma training required under this subdivision must be at least 
61.20 	one-half hour in length and must be completed at least once every year.,  at a minimum, 
61.21 	the training must address the risk factors related to shaking infants and young children, 
61.22 	means of reducing the risk of abusive head trauma in child care, and license holder 
61.23 	communication with parents regarding reducing the risk of abusive head trauma.
61.24 	(d) Training for family and group family child care providers must be developed 
61.25 	by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and 
61.26 	approved by the Minnesota Center for Professional Development. Sudden unexpected 
61.27 	infant death reduction training and abusive head trauma training may be provided in a 
61.28 	single course of no more than two hours in length.
61.29 	(e) Sudden unexpected infant death reduction training and abusive head trauma 
61.30 	training required under this subdivision must be completed in person or as allowed under 
61.31 	subdivision 10, clause (1) or (2), at least once every two years. On the years when the 
61.32 	license holder is not receiving these trainings, training in person or as allowed under 
61.33 	subdivision 10, clause (1) or (2), the license holder must receive sudden unexpected infant 
61.34 	death reduction training and abusive head trauma training through a video of no more than 
61.35 	one hour in length. The video must be developed or approved by the commissioner.

61.36 	EFFECTIVE DATE. This section is effective January 1, 2015.

62.1 	Sec. 4. Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read:
62.2 		Subd. 2.Placement decisions based on best interests of the child. (a) The 
62.3 	policy of the state of Minnesota is to ensure that the child's best interests are met by 
62.4 	requiring an individualized determination of the needs of the child and of how the selected 
62.5 	placement will serve the needs of the child being placed. The authorized child-placing 
62.6 	agency shall place a child, released by court order or by voluntary release by the parent 
62.7 	or parents, in a family foster home selected by considering placement with relatives and 
62.8 	important friends in the following order:
62.9 	(1) with an individual who is related to the child by blood, marriage, or adoption; or
62.10 	(2) with an individual who is an important friend with whom the child has resided or 
62.11 	had significant contact.
62.12 	(b) Among the factors the agency shall consider in determining the needs of the 
62.13 	child are the following:
62.14 	(1) the child's current functioning and behaviors;
62.15 	(2) the medical needs of the child;
62.16 	(3) the educational needs of the child;
62.17 	(4) the developmental needs of the child;
62.18 	(5) the child's history and past experience;
62.19 	(6) the child's religious and cultural needs;
62.20 	(7) the child's connection with a community, school, and faith community;
62.21 	(8) the child's interests and talents;
62.22 	(9) the child's relationship to current caretakers, parents, siblings, and relatives; and
62.23 	(10) the reasonable preference of the child, if the court, or the child-placing agency 
62.24 	in the case of a voluntary placement, deems the child to be of sufficient age to express 
62.25 	preferences.
62.26 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
62.27 	origin of the foster parent or the child.
62.28 	(d) Siblings should be placed together for foster care and adoption at the earliest 
62.29 	possible time unless it is documented that a joint placement would be contrary to the 
62.30 	safety or well-being of any of the siblings or unless it is not possible after reasonable 
62.31 	efforts by the responsible social services agency. In cases where siblings cannot be placed 
62.32 	together, the agency is required to provide frequent visitation or other ongoing interaction 
62.33 	between siblings unless the agency documents that the interaction would be contrary to 
62.34 	the safety or well-being of any of the siblings.
62.35 	(e) Except for emergency placement as provided for in section 245A.035, the 
62.36 	following requirements must be satisfied before the approval of a foster or adoptive 
63.1 	placement in a related or unrelated home: (1) a completed background study is required
63.2 	 under section 245C.08before the approval of a foster placement in a related or unrelated 
63.3 	home; and (2) a completed review of the written home study required under section 
63.4 	260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective 
63.5 	foster or adoptive parent to ensure the placement will meet the needs of the individual child.

63.6 	Sec. 5. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
63.7 		Subd. 4.Duties of commissioner. The commissioner of human services shall:
63.8 	(1) provide practice guidance to responsible social services agencies and child-placing 
63.9 	agencies that reflect federal and state laws and policy direction on placement of children;
63.10 	(2) develop criteria for determining whether a prospective adoptive or foster family 
63.11 	has the ability to understand and validate the child's cultural background;
63.12 	(3) provide a standardized training curriculum for adoption and foster care workers 
63.13 	and administrators who work with children. Training must address the following objectives:
63.14 	(i) developing and maintaining sensitivity to all cultures;
63.15 	(ii) assessing values and their cultural implications;
63.16 	(iii) making individualized placement decisions that advance the best interests of a 
63.17 	particular child under section 260C.212, subdivision 2; and
63.18 	(iv) issues related to cross-cultural placement;
63.19 	(4) provide a training curriculum for all prospective adoptive and foster families that 
63.20 	prepares them to care for the needs of adoptive and foster children taking into consideration 
63.21 	the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
63.22 	(5) develop and provide to agencies a home study format to assess the capacities 
63.23 	and needs of prospective adoptive and foster families. The format must address 
63.24 	problem-solving skills; parenting skills; evaluate the degree to which the prospective 
63.25 	family has the ability to understand and validate the child's cultural background, and other 
63.26 	issues needed to provide sufficient information for agencies to make an individualized 
63.27 	placement decision consistent with section 260C.212, subdivision 2. For a study of a 
63.28 	prospective foster parent, the format must also address the capacity of the prospective 
63.29 	foster parent to provide a safe, healthy, smoke-free home environment. If a prospective 
63.30 	adoptive parent has also been a foster parent, any update necessary to a home study for 
63.31 	the purpose of adoption may be completed by the licensing authority responsible for the 
63.32 	foster parent's license. If a prospective adoptive parent with an approved adoptive home 
63.33 	study also applies for a foster care license, the license application may be made with the 
63.34 	same agency which provided the adoptive home study; and
64.1 	(6) consult with representatives reflecting diverse populations from the councils 
64.2 	established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 
64.3 	community organizations.

64.4 	Sec. 6. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
64.5 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
64.6 	agency must:
64.7 	(1) develop and follow procedures for implementing the requirements of section 
64.8 	260C.212, subdivision 2, and the Indian Child Welfare Act, United States Code, title 
64.9 	25, sections 1901 to 1923;
64.10 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
64.11 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
64.12 	The plan must include:
64.13 	(i) strategies for using existing resources in diverse communities;
64.14 	(ii) use of diverse outreach staff wherever possible;
64.15 	(iii) use of diverse foster homes for placements after birth and before adoption; and
64.16 	(iv) other techniques as appropriate;
64.17 	(3) have a written plan for training adoptive and foster families;
64.18 	(4) have a written plan for employing staff in adoption and foster care who have 
64.19 	the capacity to assess the foster and adoptive parents' ability to understand and validate a 
64.20 	child's cultural and meet the child's individual needs, and to advance the best interests of 
64.21 	the child, as required in section 260C.212, subdivision 2. The plan must include staffing 
64.22 	goals and objectives;
64.23 	(5) ensure that adoption and foster care workers attend training offered or approved 
64.24 	by the Department of Human Services regarding cultural diversity and the needs of special 
64.25 	needs children; and
64.26 	(6) develop and implement procedures for implementing the requirements of the 
64.27 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
64.28 	(7) ensure that children in foster care are protected from the effects of secondhand 
64.29 	smoke and that licensed foster homes maintain a smoke-free environment in compliance 
64.30 	with subdivision 9.
64.31 	(b) In determining the suitability of a proposed placement of an Indian child, the 
64.32 	standards to be applied must be the prevailing social and cultural standards of the Indian 
64.33 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
64.34 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

65.1 	Sec. 7. Minnesota Statutes 2012, section 260C.215, is amended by adding a 
65.2 	subdivision to read:
65.3 		Subd. 9.Preventing exposure to secondhand smoke for children in foster care.
 65.4 	(a) A child in foster care shall not be exposed to any type of secondhand smoke in the 
65.5 	following settings:
65.6 	(1) a licensed foster home or any enclosed space connected to the home, including a 
65.7 	garage, porch, deck, or similar space; and
65.8 	(2) a motor vehicle in which a foster child is transported.
65.9 	(b) Smoking in outdoor areas on the premises of the home is permitted, except when 
65.10 	a foster child is present and exposed to secondhand smoke.
65.11 	(c) The home study required in subdivision 4, clause (5), must include a plan to 
65.12 	maintain a smoke-free environment for foster children.
65.13 	(d) If a foster parent fails to provide a smoke-free environment for a foster child, the 
65.14 	child-placing agency must ask the foster parent to comply with a plan that includes training 
65.15 	on the health risks of exposure to secondhand smoke. If the agency determines that the 
65.16 	foster parent is unable to provide a smoke-free environment and that the home environment 
65.17 	constitutes a health risk to a foster child, the agency must reassess whether the placement 
65.18 	is based on the child's best interests consistent with section 260C.212, subdivision 2.
65.19 	(e) Nothing in this subdivision shall delay the placement of a child with a relative, 
65.20 	consistent with section 245A.035, unless the relative is unable to provide for the 
65.21 	immediate health needs of the individual child.
65.22 	(f) Nothing in this subdivision shall be interpreted to interfere with traditional or 
65.23 	spiritual Native American or religious ceremonies involving the use of tobacco.

65.24 	Sec. 8. Minnesota Statutes 2012, section 626.556, is amended by adding a subdivision 
65.25 	to read:
65.26 		Subd. 7a.Mandatory guidance for screening reports. Child protection intake 
65.27 	workers, supervisors, and others involved with child protection screening shall follow the 
65.28 	guidance provided in the Department of Human Services Minnesota Child Maltreatment 
65.29 	Screening Guidelines when screening maltreatment referrals, and, when notified by the 
65.30 	commissioner of human services, shall immediately implement updated procedures and 
65.31 	protocols.

65.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

65.33 	Sec. 9. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
66.1 		Subd. 11c.Welfare, court services agency, and school records maintained.
 66.2 	Notwithstanding sections 138.163 and 138.17, records maintained or records derived 
66.3 	from reports of abuse by local welfare agencies, agencies responsible for assessing or 
66.4 	investigating the report, court services agencies, or schools under this section shall be 
66.5 	destroyed as provided in paragraphs (a) to (d) by the responsible authority.
66.6 	(a) For family assessment cases and cases where an investigation results in no 
66.7 	determination of maltreatment or the need for child protective services, the assessment or 
66.8 	investigation records must be maintained for a period of four years. Records under this 
66.9 	paragraph may not be used for employment, background checks, or purposes other than to 
66.10 	assist in future risk and safety assessments.
66.11 	(b) All records relating to reports which, upon investigation, indicate either 
66.12 	maltreatment or a need for child protective services shall be maintained for at least ten 
66.13 	years after the date of the final entry in the case record.
66.14 	(c) All records regarding a report of maltreatment, including any notification of intent 
66.15 	to interview which was received by a school under subdivision 10, paragraph (d), shall be 
66.16 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
66.17 	investigation. The agency shall order the destruction of the notification when other records 
66.18 	relating to the report under investigation or assessment are destroyed under this subdivision.
66.19 	(d) Private or confidential data released to a court services agency under subdivision 
66.20 	10h must be destroyed by the court services agency when ordered to do so by the local 
66.21 	welfare agency that released the data. The local welfare agency or agency responsible for 
66.22 	assessing or investigating the report shall order destruction of the data when other records 
66.23 	relating to the assessment or investigation are destroyed under this subdivision.
66.24 	(e) For reports alleging child maltreatment that were not accepted for assessment 
66.25 	or investigation, counties shall maintain sufficient information to identify repeat reports 
66.26 	alleging maltreatment of the same child or children for 365 days from the date the report 
66.27 	was screened out. The commissioner of human services shall specify to the counties the 
66.28 	minimum information needed to accomplish this purpose. Counties shall enter this data 
66.29 	into the state social services information system.

66.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

66.31 	ARTICLE 6
66.32 	HEALTH-RELATED BOARDS

66.33 	Section 1. Minnesota Statutes 2012, section 146A.01, subdivision 6, is amended to read:
67.1 		Subd. 6.Unlicensed complementary and alternative health care practitioner. (a)
67.2 	 "Unlicensed complementary and alternative health care practitioner" means a person who:
67.3 	(1) either:
67.4 	(i) is not licensed or registered by a health-related licensing board or the 
67.5 	commissioner of health; or
67.6 	(ii) is licensed or registered by the commissioner of health or a health-related 
67.7 	licensing board other than the Board of Medical Practice, the Board of Dentistry, the Board 
67.8 	of Chiropractic Examiners, or the Board of Podiatric Medicine, but does not hold oneself 
67.9 	out to the public as being licensed or registered by the commissioner or a health-related 
67.10 	licensing board when engaging in complementary and alternative health care;
67.11 	(2) has not had a license or registration issued by a health-related licensing board 
67.12 	or the commissioner of health revoked or has not been disciplined in any manner at any 
67.13 	time in the past, unless the right to engage in complementary and alternative health care 
67.14 	practices has been established by order of the commissioner of health;
67.15 	(3) is engaging in complementary and alternative health care practices; and
67.16 	(4) is providing complementary and alternative health care services for remuneration 
67.17 	or is holding oneself out to the public as a practitioner of complementary and alternative 
67.18 	health care practices.
67.19 	(b) A health care practitioner licensed or registered by the commissioner or a 
67.20 	health-related licensing board, who engages in complementary and alternative health care 
67.21 	while practicing under the practitioner's license or registration, shall be regulated by and 
67.22 	be under the jurisdiction of the applicable health-related licensing board with regard to 
67.23 	the complementary and alternative health care practices.

67.24 	Sec. 2. [146A.065] COMPLEMENTARY AND ALTERNATIVE HEALTH 
67.25 	CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE 
67.26 	PRACTITIONERS.
67.27 	(a) A health care practitioner licensed or registered by the commissioner or a 
67.28 	health-related licensing board, who engages in complementary and alternative health care 
67.29 	while practicing under the practitioner's license or registration, shall be regulated by and 
67.30 	be under the jurisdiction of the applicable health-related licensing board with regard to 
67.31 	the complementary and alternative health care practices.
67.32 	(b) A health care practitioner licensed or registered by the commissioner or a 
67.33 	health-related licensing board shall not be subject to disciplinary action solely on the basis 
67.34 	of utilizing complementary and alternative health care practices as defined in section 
67.35 	146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for 
68.1 	referring a patient to a complementary and alternative health care practitioner as defined in 
68.2 	section 146A.01, subdivision 6.
68.3 	(c) A health care practitioner licensed or registered by the commissioner or a 
68.4 	health-related licensing board who utilizes complementary and alternative health care 
68.5 	practices must provide patients receiving these services with a written copy of the 
68.6 	complementary and alternative health care client bill of rights pursuant to section 146A.11.
68.7 	(d) Nothing in this section shall be construed to prohibit or restrict the commissioner 
68.8 	or a health-related licensing board from imposing disciplinary action for conduct that 
68.9 	violates provisions of the applicable licensed or registered health care practitioner's 
68.10 	practice act.

68.11 	Sec. 3. Minnesota Statutes 2013 Supplement, section 146A.11, subdivision 1, is 
68.12 	amended to read:
68.13 		Subdivision 1.Scope. (a) All unlicensed complementary and alternative health 
68.14 	care practitioners shall provide to each complementary and alternative health care 
68.15 	client prior to providing treatment a written copy of the complementary and alternative 
68.16 	health care client bill of rights. A copy must also be posted in a prominent location 
68.17 	in the office of the unlicensed complementary and alternative health care practitioner. 
68.18 	Reasonable accommodations shall be made for those clients who cannot read or who 
68.19 	have communication disabilities and those who do not read or speak English. The 
68.20 	complementary and alternative health care client bill of rights shall include the following:
68.21 	(1) the name, complementary and alternative health care title, business address, and 
68.22 	telephone number of the unlicensed complementary and alternative health care practitioner;
68.23 	(2) the degrees, training, experience, or other qualifications of the practitioner 
68.24 	regarding the complimentary and alternative health care being provided, followed by the 
68.25 	following statement in bold print:
68.26 	"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL 
68.27 	AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND 
68.28 	ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF 
68.29 	CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
68.30 	Under Minnesota law, an unlicensed complementary and alternative health care 
68.31 	practitioner may not provide a medical diagnosis or recommend discontinuance of 
68.32 	medically prescribed treatments. If a client desires a diagnosis from a licensed physician, 
68.33 	chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, 
68.34 	osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic 
69.1 	trainer, or any other type of health care provider, the client may seek such services at 
69.2 	any time.";
69.3 	(3) the name, business address, and telephone number of the practitioner's 
69.4 	supervisor, if any;
69.5 	(4) notice that a complementary and alternative health care client has the right to file a 
69.6 	complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
69.7 	(5) the name, address, and telephone number of the office of unlicensed 
69.8 	complementary and alternative health care practice and notice that a client may file 
69.9 	complaints with the office;
69.10 	(6) the practitioner's fees per unit of service, the practitioner's method of billing 
69.11 	for such fees, the names of any insurance companies that have agreed to reimburse the 
69.12 	practitioner, or health maintenance organizations with whom the practitioner contracts to 
69.13 	provide service, whether the practitioner accepts Medicare, medical assistance, or general 
69.14 	assistance medical care, and whether the practitioner is willing to accept partial payment, 
69.15 	or to waive payment, and in what circumstances;
69.16 	(7) a statement that the client has a right to reasonable notice of changes in services 
69.17 	or charges;
69.18 	(8) a brief summary, in plain language, of the theoretical approach used by the 
69.19 	practitioner in providing services to clients;
69.20 	(9) notice that the client has a right to complete and current information concerning 
69.21 	the practitioner's assessment and recommended service that is to be provided, including 
69.22 	the expected duration of the service to be provided;
69.23 	(10) a statement that clients may expect courteous treatment and to be free from 
69.24 	verbal, physical, or sexual abuse by the practitioner;
69.25 	(11) a statement that client records and transactions with the practitioner are 
69.26 	confidential, unless release of these records is authorized in writing by the client, or 
69.27 	otherwise provided by law;
69.28 	(12) a statement of the client's right to be allowed access to records and written 
69.29 	information from records in accordance with sections 144.291 to 144.298;
69.30 	(13) a statement that other services may be available in the community, including 
69.31 	where information concerning services is available;
69.32 	(14) a statement that the client has the right to choose freely among available 
69.33 	practitioners and to change practitioners after services have begun, within the limits of 
69.34 	health insurance, medical assistance, or other health programs;
69.35 	(15) a statement that the client has a right to coordinated transfer when there will 
69.36 	be a change in the provider of services;
70.1 	(16) a statement that the client may refuse services or treatment, unless otherwise 
70.2 	provided by law; and
70.3 	(17) a statement that the client may assert the client's rights without retaliation.
70.4 	(b) This section does not apply to an unlicensed complementary and alternative 
70.5 	health care practitioner who is employed by or is a volunteer in a hospital or hospice who 
70.6 	provides services to a client in a hospital or under an appropriate hospice plan of care. 
70.7 	Patients receiving complementary and alternative health care services in an inpatient 
70.8 	hospital or under an appropriate hospice plan of care shall have and be made aware of 
70.9 	the right to file a complaint with the hospital or hospice provider through which the 
70.10 	practitioner is employed or registered as a volunteer.
70.11 	(c) This section does not apply to a health care practitioner licensed or registered by 
70.12 	the commissioner of health or a health-related licensing board who utilizes complementary 
70.13 	and alternative health care practices within the scope of practice of the health care 
70.14 	practitioner's professional license.

70.15 	Sec. 4. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
70.16 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10:
70.17 	(1) "chiropractic" is defined as the science of adjusting any abnormal articulations 
70.18 	of the human body, especially those of the spinal column, for the purpose of giving 
70.19 	freedom of action to impinged nerves that may cause pain or deranged function; and
70.20 	 means the health care discipline that recognizes the innate recuperative power of the body 
70.21 	to heal itself without the use of drugs or surgery by identifying and caring for vertebral 
70.22 	subluxations and other abnormal articulations by emphasizing the relationship between 
70.23 	structure and function as coordinated by the nervous system and how that relationship 
70.24 	affects the preservation and restoration of health;
70.25 	(2) "chiropractic services" means the evaluation and facilitation of structural, 
70.26 	biomechanical, and neurological function and integrity through the use of adjustment, 
70.27 	manipulation, mobilization, or other procedures accomplished by manual or mechanical 
70.28 	forces applied to bones or joints and their related soft tissues for correction of vertebral 
70.29 	subluxation, other abnormal articulations, neurological disturbances, structural alterations, 
70.30 	or biomechanical alterations, and includes, but is not limited to, manual therapy and 
70.31 	mechanical therapy as defined in section 146.23;
70.32 	(3) "abnormal articulation" means the condition of opposing bony joint surfaces and 
70.33 	their related soft tissues that do not function normally, including subluxation, fixation, 
70.34 	adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or 
70.35 	disturbances within the nervous system, results in postural alteration, inhibits motion, 
71.1 	allows excessive motion, alters direction of motion, or results in loss of axial loading 
71.2 	efficiency, or a combination of these;
71.3 	(4) "diagnosis" means the physical, clinical, and laboratory examination of the 
71.4 	patient, and the use of diagnostic services for diagnostic purposes within the scope of the 
71.5 	practice of  chiropractic described in sections 148.01 to 148.10;
71.6 	(5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic 
71.7 	measures, including diagnostic imaging  that may be necessary to determine the presence 
71.8 	or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for 
71.9 	evaluation of a health concern, diagnosis, differential diagnosis, treatment, further 
71.10 	examination, or referral;
71.11 	(6) "therapeutic services" means rehabilitative therapy as defined in Minnesota 
71.12 	Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive 
71.13 	sciences and procedures for which the licensee was subject to examination under section 
71.14 	148.06. When provided, therapeutic services must be performed within a practice 
71.15 	where the primary focus is the provision of chiropractic services, to prepare the patient 
71.16 	for chiropractic services, or to complement the provision of chiropractic services. The 
71.17 	administration of therapeutic services is the responsibility of the treating chiropractor and 
71.18 	must be rendered under the direct supervision of qualified staff;
71.19 	(7) "acupuncture" means a modality of treating abnormal physical conditions 
71.20 	by stimulating various points of the body or interruption of the cutaneous integrity 
71.21 	by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as 
71.22 	utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an 
71.23 	independent therapy or separately from chiropractic services. Acupuncture is permitted 
71.24 	under section 148.01 only after registration with the board which requires completion 
71.25 	of a board-approved course of study and successful completion of a board-approved 
71.26 	national examination on acupuncture. Renewal of registration shall require completion of 
71.27 	board-approved continuing education requirements in acupuncture. The restrictions of 
71.28 	section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture 
71.29 	under this section; and
71.30 	(2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes 
71.31 	identifying and resolving vertebral subluxation complexes, spinal manipulation, and 
71.32 	manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 
71.33 	diagnosis and treatment does not include:
71.34 	(i) performing surgery;
71.35 	(ii) dispensing or administering of medications; or
71.36 	(iii) performing traditional veterinary care and diagnosis.

72.1 	Sec. 5. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
72.2 		Subd. 2.Exclusions. The practice of chiropractic is not the practice of medicine, 
72.3 	surgery, or osteopathy, or physical therapy.

72.4 	Sec. 6. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision 
72.5 	to read:
72.6 		Subd. 4.Practice of chiropractic. An individual licensed to practice under section 
72.7 	148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services, 
72.8 	and to provide diagnosis and to render opinions pertaining to those services for the 
72.9 	purpose of determining a course of action in the best interests of the patient, such as a 
72.10 	treatment plan, appropriate referral, or both.

72.11 	Sec. 7. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
72.12 		Subdivision 1.Generally. Any person who practices, or attempts to practice, 
72.13 	chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," 
72.14 	"Chiropractor," "DC," or any other title or letters under any circumstances as to lead 
72.15 	the public to believe that the person who so uses the terms is engaged in the practice of 
72.16 	chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is 
72.17 	guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more 
72.18 	than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than 
72.19 	six months or punished by both fine and imprisonment, in the discretion of the court. It is 
72.20 	the duty of the county attorney of the county in which the person practices to prosecute. 
72.21 	Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
72.22 	(1) licensed by a health-related licensing board, as defined in section 214.01, 
72.23 	subdivision 2, including psychological practitioners with respect to the use of hypnosis;
72.24 	(2) registered or licensed by the commissioner of health under section 214.13; or
72.25 	(3) engaged in other methods of healing regulated by law in the state of Minnesota;
72.26 	provided that the person confines activities within the scope of the license or other 
72.27 	regulation and does not practice or attempt to practice chiropractic.

72.28 	Sec. 8. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
72.29 		Subd. 17.Physical agent modalities. "Physical agent modalities" mean modalities 
72.30 	that use the properties of light, water, temperature, sound, or electricity to produce a 
72.31 	response in soft tissue. The physical agent modalities referred to in sections 148.6404
72.32 	 and 148.6440 are superficial physical agent modalities, electrical stimulation devices, 
72.33 	and ultrasound.

73.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

73.2 	Sec. 9. Minnesota Statutes 2012, section 148.6404, is amended to read:
73.3 	148.6404 SCOPE OF PRACTICE.
73.4 	The practice of occupational therapy by an occupational therapist or occupational 
73.5 	therapy assistant includes, but is not limited to, intervention directed toward:
73.6 	(1) assessment and evaluation, including the use of skilled observation or 
73.7 	the administration and interpretation of standardized or nonstandardized tests and 
73.8 	measurements, to identify areas for occupational therapy services;
73.9 	(2) providing for the development of sensory integrative, neuromuscular, or motor 
73.10 	components of performance;
73.11 	(3) providing for the development of emotional, motivational, cognitive, or 
73.12 	psychosocial components of performance;
73.13 	(4) developing daily living skills;
73.14 	(5) developing feeding and swallowing skills;
73.15 	(6) developing play skills and leisure capacities;
73.16 	(7) enhancing educational performance skills;
73.17 	(8) enhancing functional performance and work readiness through exercise, range of 
73.18 	motion, and use of ergonomic principles;
73.19 	(9) designing, fabricating, or applying rehabilitative technology, such as selected 
73.20 	orthotic and prosthetic devices, and providing training in the functional use of these devices;
73.21 	(10) designing, fabricating, or adapting assistive technology and providing training 
73.22 	in the functional use of assistive devices;
73.23 	(11) adapting environments using assistive technology such as environmental 
73.24 	controls, wheelchair modifications, and positioning;
73.25 	(12) employing physical agent modalities, in preparation for or as an adjunct to 
73.26 	purposeful activity, within the same treatment session or to meet established functional 
73.27 	occupational therapy goals, consistent with the requirements of section 148.6440; and
73.28 	(13) promoting health and wellness.

73.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

73.30 	Sec. 10. Minnesota Statutes 2012, section 148.6430, is amended to read:
73.31 	148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
73.32 	The occupational therapist is responsible for all duties delegated to the occupational 
73.33 	therapy assistant or tasks assigned to direct service personnel. The occupational therapist 
74.1 	may delegate to an occupational therapy assistant those portions of a client's evaluation, 
74.2 	reevaluation, and treatment that, according to prevailing practice standards of the 
74.3 	American Occupational Therapy Association, can be performed by an occupational 
74.4 	therapy assistant. The occupational therapist may not delegate portions of an evaluation or 
74.5 	reevaluation of a person whose condition is changing rapidly. Delegation of duties related 
74.6 	to use of physical agent modalities to occupational therapy assistants is governed by 
74.7 	section 148.6440, subdivision 6.

74.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

74.9 	Sec. 11. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
74.10 		Subdivision 1.Applicability. If the professional standards identified in section 
74.11 	148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or 
74.12 	treatment procedure, the occupational therapist must provide supervision consistent 
74.13 	with this section. Supervision of occupational therapy assistants using physical agent 
74.14 	modalities is governed by section 148.6440, subdivision 6.

74.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

74.16 	Sec. 12. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
74.17 		Subd. 3.Approved education program. "Approved education program" means 
74.18 	a university, college, or other postsecondary education program of athletic training 
74.19 	that, at the time the student completes the program, is approved or accredited by the 
74.20 	National Athletic Trainers Association Professional Education Committee, the National 
74.21 	Athletic Trainers Association Board of Certification, or the Joint Review Committee on 
74.22 	Educational Programs in Athletic Training in collaboration with the American Academy 
74.23 	of Family Physicians, the American Academy of Pediatrics, the American Medical 
74.24 	Association, and the National Athletic Trainers Association a nationally recognized 
74.25 	accreditation agency for athletic training education programs approved by the board.

74.26 	Sec. 13. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
74.27 		Subd. 9.Credentialing examination. "Credentialing examination" means an 
74.28 	examination administered by the National Athletic Trainers Association Board of 
74.29 	Certification, or the board's recognized successor, for credentialing as an athletic trainer, 
74.30 	or an examination for credentialing offered by a national testing service that is approved 
74.31 	by the board.

75.1 	Sec. 14. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
75.2 		Subdivision 1.Designation. A person shall not use in connection with the person's 
75.3 	name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota 
75.4 	registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations, 
75.5 	or insignia indicating or implying that the person is an athletic trainer, without a certificate 
75.6 	of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student 
75.7 	attending a college or university athletic training program must be identified as a "student 
75.8 	athletic trainer an "athletic training student."

75.9 	Sec. 15. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
75.10 		Subdivision 1.Creation; Membership. The Athletic Trainers Advisory Council 
75.11 	is created and is composed of eight members appointed by the board. The advisory 
75.12 	council consists of:
75.13 	(1) two public members as defined in section 214.02;
75.14 	(2) three members who, except for initial appointees, are registered athletic trainers, 
75.15 	one being both a licensed physical therapist and registered athletic trainer as submitted by 
75.16 	the Minnesota American Physical Therapy Association;
75.17 	(3) two members who are medical physicians licensed by the state and have 
75.18 	experience with athletic training and sports medicine; and
75.19 	(4) one member who is a doctor of chiropractic licensed by the state and has 
75.20 	experience with athletic training and sports injuries.

75.21 	Sec. 16. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
75.22 		Subdivision 1.Registration. The board may issue a certificate of registration as an 
75.23 	athletic trainer to applicants who meet the requirements under this section. An applicant 
75.24 	for registration as an athletic trainer shall pay a fee under section 148.7815 and file a 
75.25 	written application on a form, provided by the board, that includes:
75.26 	(1) the applicant's name, Social Security number, home address and telephone 
75.27 	number, business address and telephone number, and business setting;
75.28 	(2) evidence satisfactory to the board of the successful completion of an education 
75.29 	program approved by the board;
75.30 	(3) educational background;
75.31 	(4) proof of a baccalaureate or master's degree from an accredited college or 
75.32 	university;
75.33 	(5) credentials held in other jurisdictions;
75.34 	(6) a description of any other jurisdiction's refusal to credential the applicant;
76.1 	(7) a description of all professional disciplinary actions initiated against the applicant 
76.2 	in any other jurisdiction;
76.3 	(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
76.4 	(9) evidence satisfactory to the board of a qualifying score on a credentialing 
76.5 	examination within one year of the application for registration;
76.6 	(10) additional information as requested by the board;
76.7 	(11) the applicant's signature on a statement that the information in the application is 
76.8 	true and correct to the best of the applicant's knowledge and belief; and
76.9 	(12) the applicant's signature on a waiver authorizing the board to obtain access to 
76.10 	the applicant's records in this state or any other state in which the applicant has completed 
76.11 	an education program approved by the board or engaged in the practice of athletic training.

76.12 	Sec. 17. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
76.13 		Subd. 4.Temporary registration. (a) The board may issue a temporary registration 
76.14 	as an athletic trainer to qualified applicants. A temporary registration is issued for 
76.15 	one year 120 days. An athletic trainer with a temporary registration may qualify for 
76.16 	full registration after submission of verified documentation that the athletic trainer has 
76.17 	achieved a qualifying score on a credentialing examination within one year 120 days after 
76.18 	the date of the temporary registration. A temporary registration may not be renewed.
76.19 	(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for 
76.20 	a temporary registration must submit the application materials and fees for registration 
76.21 	required under subdivision 1, clauses (1) to (8) and (10) to (12).
76.22 	(c) An athletic trainer with a temporary registration shall work only under the 
76.23 	direct supervision of an athletic trainer registered under this section. No more than four
76.24 	 two athletic trainers with temporary registrations shall work under the direction of a 
76.25 	registered athletic trainer.

76.26 	Sec. 18. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
76.27 		Subd. 2.Approved programs. The board shall approve a continuing education 
76.28 	program that has been approved for continuing education credit by the National Athletic 
76.29 	Trainers Association Board of Certification, or the board's recognized successor.

76.30 	Sec. 19. Minnesota Statutes 2012, section 148.7813, is amended by adding a 
76.31 	subdivision to read:
76.32 		Subd. 5.Discipline; reporting. For the purposes of this chapter, registered athletic 
76.33 	trainers and applicants are subject to sections 147.091 to 147.162.

77.1 	Sec. 20. Minnesota Statutes 2012, section 148.7814, is amended to read:
77.2 	148.7814 APPLICABILITY.
77.3 	Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic 
77.4 	trainers by the National Athletic Trainers Association Board of Certification or the board's 
77.5 	recognized successor and come into Minnesota for a specific athletic event or series of 
77.6 	athletic events with an individual or group.

77.7 	Sec. 21. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
77.8 		Subd. 2.Certified doula. "Certified doula" means an individual who has received 
77.9 	a certification to perform doula services from the International Childbirth Education 
77.10 	Association, the Doulas of North America (DONA), the Association of Labor Assistants 
77.11 	and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum 
77.12 	Professional Association (CAPPA), Childbirth International, or the International Center 
77.13 	for Traditional Childbearing, or Commonsense Childbirth, Inc.

77.14 	Sec. 22. Minnesota Statutes 2012, section 148.996, subdivision 2, is amended to read:
77.15 		Subd. 2.Qualifications. The commissioner shall include on the registry any 
77.16 	individual who:
77.17 	(1) submits an application on a form provided by the commissioner. The form must 
77.18 	include the applicant's name, address, and contact information;
77.19 	(2) maintains a current certification from one of the organizations listed in section 
77.20 	146B.01, subdivision 2 148.995, subdivision 2; and
77.21 	(3) pays the fees required under section 148.997.

77.22 	Sec. 23. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
77.23 		Subd. 2.Supervision. (a) To qualify as a LPCC, an applicant must have completed 
77.24 	4,000 hours of post-master's degree supervised professional practice in the delivery 
77.25 	of clinical services in the diagnosis and treatment of mental illnesses and disorders in 
77.26 	both children and adults. The supervised practice shall be conducted according to the 
77.27 	requirements in paragraphs (b) to (e).
77.28 	(b) The supervision must have been received under a contract that defines clinical 
77.29 	practice and supervision from a mental health professional as defined in section 245.462, 
77.30 	subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a 
77.31 	board-approved supervisor, who has at least two years of postlicensure experience in the 
77.32 	delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
77.33 	 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
78.1 	(c) The supervision must be obtained at the rate of two hours of supervision per 40 
78.2 	hours of professional practice. The supervision must be evenly distributed over the course 
78.3 	of the supervised professional practice. At least 75 percent of the required supervision 
78.4 	hours must be received in person. The remaining 25 percent of the required hours may be 
78.5 	received by telephone or by audio or audiovisual electronic device. At least 50 percent of 
78.6 	the required hours of supervision must be received on an individual basis. The remaining 
78.7 	50 percent may be received in a group setting.
78.8 	(d) The supervised practice must include at least 1,800 hours of clinical client contact.
78.9 	(e) The supervised practice must be clinical practice. Supervision includes the 
78.10 	observation by the supervisor of the successful application of professional counseling 
78.11 	knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 
78.12 	function, disability, or impairment, including addictions and emotional, mental, and 
78.13 	behavioral disorders.

78.14 	Sec. 24. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
78.15 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
78.16 	2014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed 
78.17 	professional counselor may convert to a LPCC by providing evidence satisfactory to the 
78.18 	board that the applicant has met the requirements of subdivisions 1 and 2, subject to 
78.19 	the following:
78.20 	(1) the individual's license must be active and in good standing;
78.21 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
78.22 	orders, or corrective action agreements; and
78.23 	(3) the individual has paid the LPCC application and licensure fees required in 
78.24 	section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed 
78.25 	in the state of Minnesota as a licensed professional counselor may convert to a LPCC by 
78.26 	providing evidence satisfactory to the board that the applicant has met the following 
78.27 	requirements:
78.28 	(1) is at least 18 years of age;
78.29 	(2) has a license that is active and in good standing;
78.30 	(3) has no complaints pending, uncompleted disciplinary order, or corrective action 
78.31 	agreements;
78.32 	(4) has completed a master's or doctoral degree program in counseling or a related 
78.33 	field, as determined by the board, and whose degree was from a counseling program 
78.34 	recognized by CACREP or from an institution of higher education that is accredited by a 
78.35 	regional accrediting organization recognized by CHEA;
79.1 	(5) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
79.2 	clinical coursework which includes content in the following clinical areas:
79.3 	(i) diagnostic assessment for child or adult mental disorders; normative development; 
79.4 	and psychopathology, including developmental psychopathology;
79.5 	(ii) clinical treatment planning with measurable goals;
79.6 	(iii) clinical intervention methods informed by research evidence and community 
79.7 	standards of practice;
79.8 	(iv) evaluation methodologies regarding the effectiveness of interventions;
79.9 	(v) professional ethics applied to clinical practice; and
79.10 	(vi) cultural diversity;
79.11 	(6) has demonstrated competence in professional counseling by passing the National 
79.12 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
79.13 	National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational 
79.14 	examinations as prescribed by the board;
79.15 	(7) has demonstrated, to the satisfaction of the board, successful completion of 4,000 
79.16 	hours of supervised, post-master's degree professional practice in the delivery of clinical 
79.17 	services in the diagnosis and treatment of child and adult mental illnesses and disorders, 
79.18 	which includes 1,800 direct client contact hours. A licensed professional counselor 
79.19 	who has completed 2,000 hours of supervised post-master's degree clinical professional 
79.20 	practice and who has independent practice status need only document 2,000 additional 
79.21 	hours of supervised post-master's degree clinical professional practice, which includes 900 
79.22 	direct client contact hours; and
79.23 	(8) has paid the LPCC application and licensure fees required in section 148B.53, 
79.24 	subdivision 3.
79.25 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
79.26 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
79.27 	for credit, and must be earned from a counseling program or institution that meets the 
79.28 	requirements in paragraph (a), clause (5).

79.29 	Sec. 25. Minnesota Statutes 2012, section 151.01, subdivision 27, is amended to read:
79.30 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
79.31 	(1) interpretation and evaluation of prescription drug orders;
79.32 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by 
79.33 	a manufacturer or packager of nonprescription drugs or commercially packaged legend 
79.34 	drugs and devices);
80.1 	(3) participation in clinical interpretations and monitoring of drug therapy for 
80.2 	assurance of safe and effective use of drugs;
80.3 	(4) participation in drug and therapeutic device selection; drug administration for first 
80.4 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
80.5 	(5) participation in administration of influenza vaccines to all eligible individuals ten 
80.6 	years of age and older and all other vaccines to patients 18 years of age and older under 
80.7 	standing orders from a physician licensed under chapter 147 or by written protocol with a 
80.8 	physician licensed under chapter 147, a physician assistant authorized to prescribe drugs 
80.9 	under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under 
80.10 	section 148.235, provided that:
80.11 	(i) the protocol includes, at a minimum:
80.12 	(A) the name, dose, and route of each vaccine that may be given;
80.13 	(B) the patient population for whom the vaccine may be given;
80.14 	(C) contraindications and precautions to the vaccine;
80.15 	(D) the procedure for handling an adverse reaction;
80.16 	(E) the name, signature, and address of the physician, physician assistant, or 
80.17 	advanced practice nurse;
80.18 	(F) a telephone number at which the physician, physician assistant, or advanced 
80.19 	practice nurse can be contacted; and
80.20 	(G) the date and time period for which the protocol is valid;
80.21 	(ii) the pharmacist is trained in has successfully completed a program approved 
80.22 	by the American Accreditation Council of Pharmaceutical for Pharmacy Education, 
80.23 	specifically for the administration of immunizations, or graduated from a college of 
80.24 	pharmacy in 2001 or thereafter a program approved by the board; and
80.25 	(ii) (iii) the pharmacist reports the administration of the immunization to the patient's 
80.26 	primary physician or clinic, or to the Minnesota Immunization Information Connection; and
80.27 	(iv) the pharmacist complies with guidelines for vaccines and immunizations 
80.28 	established by the federal Advisory Committee on Immunization Practices (ACIP), except 
80.29 	that a pharmacist does not need to comply with those portions of the guidelines that establish 
80.30 	immunization schedules when administering a vaccine pursuant to a valid prescription 
80.31 	order issued by a physician licensed under chapter 147, a physician assistant authorized to 
80.32 	prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe 
80.33 	drugs under section 148.235, provided that the prescription drug order is consistent with 
80.34 	United States Food and Drug Administration-approved labeling of the vaccine; 
80.35 	(6) participation in the practice of managing drug therapy and modifying drug 
80.36 	therapy, according to section 151.21, subdivision 1, according to a written protocol 
81.1 	between the specific pharmacist and the individual dentist, optometrist, physician, 
81.2 	podiatrist, or veterinarian who is responsible for the patient's care and authorized to 
81.3 	independently prescribe drugs. Any significant changes in drug therapy must be reported 
81.4 	by the pharmacist to the patient's medical record;
81.5 	(7) participation in the storage of drugs and the maintenance of records;
81.6 	(8) responsibility for participation in patient counseling on therapeutic values, 
81.7 	content, hazards, and uses of drugs and devices; and
81.8 	(9) offering or performing those acts, services, operations, or transactions necessary 
81.9 	in the conduct, operation, management, and control of a pharmacy.

81.10 	Sec. 26. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
81.11 		Subdivision 1.License requirements. The board shall issue a license to practice 
81.12 	podiatric medicine to a person who meets the following requirements:
81.13 	(a) The applicant for a license shall file a written notarized application on forms 
81.14 	provided by the board, showing to the board's satisfaction that the applicant is of good 
81.15 	moral character and satisfies the requirements of this section.
81.16 	(b) The applicant shall present evidence satisfactory to the board of being a graduate 
81.17 	of a podiatric medical school approved by the board based upon its faculty, curriculum, 
81.18 	facilities, accreditation by a recognized national accrediting organization approved by the 
81.19 	board, and other relevant factors.
81.20 	(c) The applicant must have received a passing score on each part of the national board 
81.21 	examinations, parts one and two, prepared and graded by the National Board of Podiatric 
81.22 	Medical Examiners. The passing score for each part of the national board examinations, 
81.23 	parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
81.24 	(d) Applicants graduating after 1986 from a podiatric medical school shall present 
81.25 	evidence satisfactory to the board of the completion of (1) one year of graduate, clinical 
81.26 	residency or preceptorship in a program accredited by a national accrediting organization 
81.27 	approved by the board or (2) other graduate training that meets standards equivalent to 
81.28 	those of an approved national accrediting organization or school of podiatric medicine
81.29 	 of successful completion of a residency program approved by a national accrediting 
81.30 	podiatric medicine organization.
81.31 	(e) The applicant shall appear in person before the board or its designated 
81.32 	representative to show that the applicant satisfies the requirements of this section, 
81.33 	including knowledge of laws, rules, and ethics pertaining to the practice of podiatric 
81.34 	medicine. The board may establish as internal operating procedures the procedures or 
81.35 	requirements for the applicant's personal presentation.
82.1 	(f) The applicant shall pay a fee established by the board by rule. The fee shall 
82.2 	not be refunded.
82.3 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
82.4 	against a licensee. If the applicant does not satisfy the requirements of this paragraph, 
82.5 	the board may refuse to issue a license unless it determines that the public will be 
82.6 	protected through issuance of a license with conditions and limitations the board considers 
82.7 	appropriate.
82.8 	(h) Upon payment of a fee as the board may require, an applicant who fails to pass 
82.9 	an examination and is refused a license is entitled to reexamination within one year of 
82.10 	the board's refusal to issue the license. No more than two reexaminations are allowed 
82.11 	without a new application for a license.

82.12 	Sec. 27. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 
82.13 	to read:
82.14 		Subd. 1a.Relicensure after two-year lapse of practice; reentry program. A 
82.15 	podiatrist seeking licensure or reinstatement of a license after a lapse of continuous 
82.16 	practice of podiatric medicine of greater than two years must reestablish competency by 
82.17 	completing a reentry program approved by the board.

82.18 	Sec. 28. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
82.19 		Subd. 2.Applicants licensed in another state. The board shall issue a license 
82.20 	to practice podiatric medicine to any person currently or formerly licensed to practice 
82.21 	podiatric medicine in another state who satisfies the requirements of this section:
82.22 	(a) The applicant shall satisfy the requirements established in subdivision 1.
82.23 	(b) The applicant shall present evidence satisfactory to the board indicating the 
82.24 	current status of a license to practice podiatric medicine issued by the first state of 
82.25 	licensure and all other states and countries in which the individual has held a license.
82.26 	(c) If the applicant has had a license revoked, engaged in conduct warranting 
82.27 	disciplinary action against the applicant's license, or been subjected to disciplinary action, 
82.28 	in another state, the board may refuse to issue a license unless it determines that the 
82.29 	public will be protected through issuance of a license with conditions or limitations the 
82.30 	board considers appropriate.
82.31 	(d) The applicant shall submit with the license application the following additional 
82.32 	information for the five-year period preceding the date of filing of the application: (1) the 
82.33 	name and address of the applicant's professional liability insurer in the other state; and (2) 
83.1 	the number, date, and disposition of any podiatric medical malpractice settlement or award 
83.2 	made to the plaintiff relating to the quality of podiatric medical treatment.
83.3 	(e) If the license is active, the applicant shall submit with the license application 
83.4 	evidence of compliance with the continuing education requirements in the current state of 
83.5 	licensure.
83.6 	(f) If the license is inactive, the applicant shall submit with the license application 
83.7 	evidence of participation in one-half the same number of hours of acceptable continuing 
83.8 	education required for biennial renewal, as specified under Minnesota Rules, up to five 
83.9 	years. If the license has been inactive for more than two years, the amount of acceptable 
83.10 	continuing education required must be obtained during the two years immediately before 
83.11 	application or the applicant must provide other evidence as the board may reasonably 
83.12 	require.

83.13 	Sec. 29. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
83.14 		Subd. 3.Temporary permit. Upon payment of a fee and in accordance with the 
83.15 	rules of the board, the board may issue a temporary permit to practice podiatric medicine 
83.16 	to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed 
83.17 	12 months. A temporary permit may be extended under the following conditions:
83.18 	(1) the applicant submits acceptable evidence that the training was interrupted by 
83.19 	circumstances beyond the control of the applicant and that the sponsor of the program 
83.20 	agrees to the extension;
83.21 	(2) the applicant is continuing in a residency that extends for more than one year; or
83.22 	(3) the applicant is continuing in a residency that extends for more than two years.
83.23 	 approved by a national accrediting organization. The temporary permit is renewed 
83.24 	annually until the residency training requirements are completed or until the residency 
83.25 	program is terminated or discontinued.

83.26 	Sec. 30. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision 
83.27 	to read:
83.28 		Subd. 4.Continuing education. (a) Every podiatrist licensed to practice in this 
83.29 	state shall obtain 40 clock hours of continuing education in each two-year cycle of license 
83.30 	renewal. All continuing education hours must be earned by verified attendance at or 
83.31 	participation in a program or course sponsored by the Council on Podiatric Medical 
83.32 	Education or approved by the board. In each two-year cycle, a maximum of eight hours of 
83.33 	continuing education credits may be obtained through participation in online courses.
84.1 	(b) The number of continuing education hours required during the initial licensure 
84.2 	period is that fraction of 40 hours, to the nearest whole hour, that is represented by the 
84.3 	ratio of the number of days the license is held in the initial licensure period to 730 days.

84.4 	Sec. 31. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision 
84.5 	to read:
84.6 		Subd. 5.Employer mandatory reporting. (a) An employer of a person regulated 
84.7 	by a health-related licensing board, and a health care institution or other organization 
84.8 	where the regulated person is engaged in providing services, must report to the appropriate 
84.9 	licensing board that a regulated person has diverted narcotics or other controlled 
84.10 	substances in violation of state or federal narcotics or controlled substance law if:
84.11 	(1) the employer, health care institution, or organization making the report has 
84.12 	knowledge of the diversion; and
84.13 	(2) the regulated person has diverted narcotics or other controlled substances 
84.14 	from the reporting employer, health care institution, or organization, or at the reporting 
84.15 	institution or organization.
84.16 	(b) The requirement to report under this subdivision does not apply if:
84.17 	(1) the regulated person is self-employed;
84.18 	(2) the knowledge was obtained in the course of a professional-patient relationship 
84.19 	and the patient is regulated by the health-related licensing board; or
84.20 	(3) knowledge of the diversion first becomes known to the employer, health care 
84.21 	institution, or other organization, either from (i) an individual who is serving as a work 
84.22 	site monitor approved by the health professional services program for the regulated 
84.23 	person who has self-reported to the health professional services program, and who 
84.24 	has returned to work pursuant to a health professional services program participation 
84.25 	agreement and monitoring plan; or (ii) the regulated person who has self-reported to the 
84.26 	health professional services program and who has returned to work pursuant to the health 
84.27 	professional services program participation agreement and monitoring plan.
84.28 	(c) Complying with subdivision 1 does not waive the requirement to report under 
84.29 	this subdivision.

84.30 	Sec. 32.  REPEALER.
 84.31 	(a) Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision 
84.32 	2; and 148.7813, are repealed.
84.33 	(b) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed.
85.1 	(c) Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are 
85.2 	repealed.

85.3 	EFFECTIVE DATE. Paragraph (b) is effective the day following final enactment.

85.4 	ARTICLE 7
85.5 	CHEMICAL AND MENTAL HEALTH

85.6 	Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to 
85.7 	read:
85.8 		Subd. 6a.Adult foster care homes serving people with mental illness; 
85.9 	certification. (a) The commissioner of human services shall issue a mental health 
85.10 	certification for adult foster care homes licensed under this chapter and Minnesota Rules, 
85.11 	parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental 
85.12 	illness where the home is not the primary residence of the license holder when a provider 
85.13 	is determined to have met the requirements under paragraph (b). This certification is 
85.14 	voluntary for license holders. The certification shall be printed on the license, and 
85.15 	identified on the commissioner's public Web site.
85.16 	(b) The requirements for certification are:
85.17 	(1) all staff working in the adult foster care home have received at least seven hours 
85.18 	of annual training under paragraph (c) covering all of the following topics:
85.19 	(i) mental health diagnoses;
85.20 	(ii) mental health crisis response and de-escalation techniques;
85.21 	(iii) recovery from mental illness;
85.22 	(iv) treatment options including evidence-based practices;
85.23 	(v) medications and their side effects;
85.24 	(vi)  suicide intervention, identifying suicide warning signs, and appropriate 
85.25 	responses;
85.26 	(vii) co-occurring substance abuse and health conditions; and
85.27 	(vii) (viii) community resources;
85.28 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or 
85.29 	a mental health practitioner as defined in section 245.462, subdivision 17, are available 
85.30 	for consultation and assistance;
85.31 	(3) there is a plan and protocol in place to address a mental health crisis; and
85.32 	(4) there is a crisis plan for each individual's Individual Placement Agreement
85.33 	 individual that identifies who is providing clinical services and their contact information, 
86.1 	and includes an individual crisis prevention and management plan developed with the 
86.2 	individual.
86.3 	(c) The training curriculum must be approved by the commissioner of human 
86.4 	services and must include a testing component after training is completed. Training must 
86.5 	be provided by a mental health professional or a mental health practitioner. Training may 
86.6 	also be provided by an individual living with a mental illness or a family member of such 
86.7 	an individual, who is from a nonprofit organization with a history of providing educational 
86.8 	classes on mental illnesses approved by the Department of Human Services to deliver 
86.9 	mental health training. Staff must receive three hours of training in the areas specified in 
86.10 	paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The 
86.11 	remaining hours of mandatory training, including a review of the information in paragraph 
86.12 	(b), clause (1), item (ii), must be completed within six months of the hire date. For 
86.13 	programs licensed under chapter 245D, training under this section may be incorporated 
86.14 	into the 30 hours of staff orientation required under section 245D.09, subdivision 4.
86.15 	(c)(d) License holders seeking certification under this subdivision must request 
86.16 	this certification on forms provided by the commissioner and must submit the request to 
86.17 	the county licensing agency in which the home is located. The county licensing agency 
86.18 	must forward the request to the commissioner with a county recommendation regarding 
86.19 	whether the commissioner should issue the certification.
86.20 	(d)(e) Ongoing compliance with the certification requirements under paragraph (b) 
86.21 	shall be reviewed by the county licensing agency at each licensing review. When a county 
86.22 	licensing agency determines that the requirements of paragraph (b) are not met, the county 
86.23 	shall inform the commissioner, and the commissioner will remove the certification.
86.24 	(e)(f) A denial of the certification or the removal of the certification based on a 
86.25 	determination that the requirements under paragraph (b) have not been met by the adult 
86.26 	foster care license holder are not subject to appeal. A license holder that has been denied a 
86.27 	certification or that has had a certification removed may again request certification when 
86.28 	the license holder is in compliance with the requirements of paragraph (b).

86.29 	Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
86.30 	245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
86.31 	(a) The commissioner of human services shall issue a mental health certification 
86.32 	for services licensed under this chapter when a license holder is determined to have met 
86.33 	the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification 
86.34 	is voluntary for license holders. The certification shall be printed on the license and 
86.35 	identified on the commissioner's public Web site.
87.1 	(b) The requirements for certification are:
87.2 	(1) all staff have received at least seven hours of annual training covering all of 
87.3 	the following topics:
87.4 	(i) mental health diagnoses;
87.5 	(ii) mental health crisis response and de-escalation techniques;
87.6 	(iii) recovery from mental illness;
87.7 	(iv) treatment options, including evidence-based practices;
87.8 	(v) medications and their side effects;
87.9 	(vi) co-occurring substance abuse and health conditions; and
87.10 	(vii) community resources;
87.11 	(2) a mental health professional, as defined in section 245.462, subdivision 18, or a 
87.12 	mental health practitioner as defined in section 245.462, subdivision 17, is available 
87.13 	for consultation and assistance;
87.14 	(3) there is a plan and protocol in place to address a mental health crisis; and
87.15 	(4) each person's individual service and support plan identifies who is providing 
87.16 	clinical services and their contact information, and includes an individual crisis prevention 
87.17 	and management plan developed with the person.
87.18 	(c)(b) License holders seeking certification under this section must request this 
87.19 	certification on forms and in the manner prescribed by the commissioner.
87.20 	(d)(c) If the commissioner finds that the license holder has failed to comply with 
87.21 	the certification requirements under section 245A.03, subdivision 6a, paragraph (b), 
87.22 	the commissioner may issue a correction order and an order of conditional license in 
87.23 	accordance with section 245A.06 or may issue a sanction in accordance with section 
87.24 	245A.07, including and up to removal of the certification.
87.25 	(e)(d) A denial of the certification or the removal of the certification based on a 
87.26 	determination that the requirements under section 245A.03, subdivision 6a, paragraph 
87.27 	(b), have not been met is not subject to appeal. A license holder that has been denied a 
87.28 	certification or that has had a certification removed may again request certification when 
87.29 	the license holder is in compliance with the requirements of section 245A.03, subdivision 
87.30 	6a, paragraph (b).

87.31 	Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
87.32 		Subd. 2.Administration without judicial review. Neuroleptic medications may be 
87.33 	administered without judicial review in the following circumstances:
87.34 	(1) the patient has the capacity to make an informed decision under subdivision 4;
88.1 	(2) the patient does not have the present capacity to consent to the administration 
88.2 	of neuroleptic medication, but prepared a health care directive under chapter 145C or a 
88.3 	declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an 
88.4 	agent or proxy to request treatment, and the agent or proxy has requested the treatment;
88.5 	(3) the patient has been prescribed neuroleptic medication prior to admission to a 
88.6 	treatment facility, but lacks the capacity to consent to the administration of that neuroleptic 
88.7 	medication; continued administration of the medication is in the patient's best interest; 
88.8 	and the patient does not refuse administration of the medication. In this situation, the 
88.9 	previously prescribed neuroleptic medication may be continued for up to 14 days while 
88.10 	the treating physician:
88.11 	(i) is obtaining a substitute decision-maker appointed by the court under subdivision 
88.12 	6; or
88.13 	(ii) is requesting an amendment to a current court order authorizing administration 
88.14 	of neuroleptic medication;
88.15 	(4) a substitute decision-maker appointed by the court consents to the administration 
88.16 	of the neuroleptic medication and the patient does not refuse administration of the 
88.17 	medication; or
88.18 	(4) (5) the substitute decision-maker does not consent or the patient is refusing 
88.19 	medication, and the patient is in an emergency situation.

88.20 	Sec. 4. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision 
88.21 	to read:
88.22 		Subd. 8.Culturally specific program. (a) "Culturally specific program" means a 
88.23 	substance use disorder treatment service program that is recovery-focused and culturally 
88.24 	specific when the program:
88.25 	(1) improves service quality to and outcomes of a specific population by advancing 
88.26 	health equity to help eliminate health disparities; and
88.27 	(2) ensures effective, equitable, comprehensive, and respectful quality care services 
88.28 	that are responsive to an individual within a specific population's values, beliefs and 
88.29 	practices, health literacy, preferred language, and other communication needs.
88.30 	(b) A tribally licensed substance use disorder program that is designated as serving 
88.31 	a culturally specific population by the applicable tribal government is deemed to satisfy 
88.32 	this subdivision.

88.33 	Sec. 5. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
89.1 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for 
89.2 	chemical dependency services and service enhancements funded under this chapter.
89.3 	(b) Eligible chemical dependency treatment services include:
89.4 	(1) outpatient treatment services that are licensed according to Minnesota Rules, 
89.5 	parts 9530.6405 to 9530.6480, or applicable tribal license;
89.6 	(2) medication-assisted therapy services that are licensed according to Minnesota 
89.7 	Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
89.8 	(3) medication-assisted therapy plus enhanced treatment services that meet the 
89.9 	requirements of clause (2) and provide nine hours of clinical services each week;
89.10 	(4) high, medium, and low intensity residential treatment services that are licensed 
89.11 	according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable 
89.12 	tribal license which provide, respectively, 30, 15, and five hours of clinical services each 
89.13 	week;
89.14 	(5) hospital-based treatment services that are licensed according to Minnesota Rules, 
89.15 	parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under 
89.16 	sections 144.50 to 144.56;
89.17 	(6) adolescent treatment programs that are licensed as outpatient treatment programs 
89.18 	according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment 
89.19 	programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
89.20 	(7) room and board facilities that meet the requirements of section 254B.05, 
89.21 	subdivision 1a.
89.22 	(c) The commissioner shall establish higher rates for programs that meet the 
89.23 	requirements of paragraph (b) and the following additional requirements:
89.24 	(1) programs that serve parents with their children if the program meets the 
89.25 	additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child 
89.26 	care that meets the requirements of section 245A.03, subdivision 2, during hours of 
89.27 	treatment activity;
89.28 	(2) culturally specific programs serving special populations as defined in section 
89.29 	254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part 
89.30 	9530.6605, subpart 13;
89.31 	(3) programs that offer medical services delivered by appropriately credentialed 
89.32 	health care staff in an amount equal to two hours per client per week; and
89.33 	(4) programs that offer services to individuals with co-occurring mental health and 
89.34 	chemical dependency problems if:
89.35 	(i) the program meets the co-occurring requirements in Minnesota Rules, part 
89.36 	9530.6495;
90.1 	(ii) 25 percent of the counseling staff are mental health professionals, as defined in 
90.2 	section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 
90.3 	under the supervision of a licensed alcohol and drug counselor supervisor and licensed 
90.4 	mental health professional, except that no more than 50 percent of the mental health staff 
90.5 	may be students or licensing candidates;
90.6 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
90.7 	health diagnostic assessment within ten days of admission;
90.8 	(iv) the program has standards for multidisciplinary case review that include a 
90.9 	monthly review for each client;
90.10 	(v) family education is offered that addresses mental health and substance abuse 
90.11 	disorders and the interaction between the two; and
90.12 	(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder 
90.13 	training annually.
90.14 	(d) Adolescent residential programs that meet the requirements of Minnesota Rules, 
90.15 	parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause 
90.16 	(4), items (i) to (iv).

90.17 	Sec. 6. PILOT PROGRAM; NOTICE AND INFORMATION TO 
90.18 	COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS 
90.19 	COMMITTED TO COMMISSIONER.
 90.20 	The commissioner of human services may create a pilot program that is designed to 
90.21 	respond to issues raised in the February 2013 Office of the Legislative Auditor report on 
90.22 	state-operated services. The pilot program may include no more than three counties to 
90.23 	test the efficacy of providing notice and information to the commissioner when a petition 
90.24 	is filed to commit a patient exclusively to the commissioner. The commissioner shall 
90.25 	provide a status update to the chairs and ranking minority members of the legislative 
90.26 	committees with jurisdiction over civil commitment and human services issues, no later 
90.27 	than January 15, 2015.

90.28 	ARTICLE 8
90.29 	MISCELLANEOUS

90.30 	Section 1. Minnesota Statutes 2012, section 144.413, subdivision 4, is amended to read:
90.31 		Subd. 4.Smoking. "Smoking" means inhaling or exhaling smoke or vapor from 
90.32 	any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or 
90.33 	plant product or electronic delivery device, as defined in section 609.685. Smoking also 
91.1 	includes carrying holding a lighted or heated cigar, cigarette, pipe, or any other lighted or 
91.2 	heated tobacco or plant product or electronic delivery device intended for inhalation.

91.3 	Sec. 2. Minnesota Statutes 2012, section 144.4165, is amended to read:
91.4 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
91.5 	No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 
91.6 	product, or inhale or exhale vapor from an electronic delivery device, in a public school, 
91.7 	as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all 
91.8 	facilities, whether owned, rented, or leased, and all vehicles that a school district owns, 
91.9 	leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of 
91.10 	tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For 
91.11 	purposes of this section, an Indian is a person who is a member of an Indian tribe as 
91.12 	defined in section 260.755 subdivision 12.

91.13 	Sec. 3. [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION 
91.14 	EXPIRATION.
91.15 	(a) Notwithstanding any practice to the contrary, in an emergency situation, or 
91.16 	in the case of lost glasses, an optician, optometrist, physician, or eyeglass retailer may 
91.17 	make a new pair of prescription eyeglasses using the prescription from the old lenses 
91.18 	or the last prescription available.
91.19 	(b) A person may elect to use an eyeglass prescription from an expired prescription 
91.20 	if the person has been advised by an optician, optometrist, physician, or eyeglass retailer 
91.21 	on the risks involved with using an expired prescription.

91.22 	Sec. 4. [151.71] MAXIMUM ALLOWABLE COST PRICING.
91.23 		Subdivision 1.Definition. (a) For purposes of this section, the following definitions 
91.24 	apply.
91.25 	(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision 
91.26 	4.
91.27 	(c) "Pharmacy benefit manager" means an entity doing business in this state that 
91.28 	contracts to administer or manage prescription drug benefits on behalf of any health plan 
91.29 	company that provides prescription drug benefits to residents of this state.
91.30 		Subd. 2.Pharmacy benefit manager contracts with pharmacies; maximum 
91.31 	allowable cost pricing. (a) In each contract between a pharmacy benefit manager and 
91.32 	a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit 
91.33 	manager a current list of the sources used to determine maximum allowable cost pricing. 
92.1 	The pharmacy benefit manager shall update the pricing information at least every seven 
92.2 	business days and provide a means by which contracted pharmacies may promptly review 
92.3 	current prices in an electronic, print, or telephonic format within one business day at no 
92.4 	cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate 
92.5 	products from the list of drugs subject to maximum allowable cost pricing in a timely 
92.6 	manner in order to remain consistent with changes in the marketplace.
92.7 	(b) In order to place a prescription drug on a maximum allowable cost list, a 
92.8 	pharmacy benefit manager shall ensure that the drug is generally available for purchase by 
92.9 	pharmacies in this state from a national or regional wholesaler and is not obsolete.
92.10 	(c) Each contract between a pharmacy benefit manager and a pharmacy must include 
92.11 	a process to appeal, investigate, and resolve disputes regarding maximum allowable cost 
92.12 	pricing that includes:
92.13 	(1) a 15-business day limit on the right to appeal following the initial claim;
92.14 	(2) a requirement that the appeal be investigated and resolved within seven business 
92.15 	days after the appeal is received; and
92.16 	(3) a requirement that a pharmacy benefit manager provide a reason for any appeal 
92.17 	denial and identify the national drug code of a drug that may be purchased by the 
92.18 	pharmacy at a price at or below the maximum allowable cost price as determined by 
92.19 	the pharmacy benefit manager.
92.20 	(d) If an appeal is upheld, the pharmacy benefit manager shall  make an adjustment 
92.21 	to the maximum allowable cost price no later than one business day after the date of 
92.22 	determination. The pharmacy benefit manager shall make the price adjustment applicable 
92.23 	to all similarly situated network pharmacy providers as defined by the plan sponsor.

92.24 	EFFECTIVE DATE. This section is effective January 1, 2015.

92.25 	Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is 
92.26 	amended to read:
92.27 		Subd. 2.Membership terms, compensation, removal and expiration. The 
92.28 	membership of this council shall be composed of 17 persons who are American Indians 
92.29 	and who are appointed by the commissioner. The commissioner shall appoint one 
92.30 	representative from each of the following groups: Red Lake Band of Chippewa Indians; 
92.31 	Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota 
92.32 	Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 
92.33 	Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
92.34 	Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux 
92.35 	Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux 
93.1 	Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; 
93.2 	and two representatives from the Minneapolis Urban Indian Community and two from the 
93.3 	St. Paul Urban Indian Community. The terms, compensation, and removal of American 
93.4 	Indian Advisory Council members shall be as provided in section 15.059. Notwithstanding 
93.5 	section 15.059, subdivision 5, the council expires June 30, 2014 does not expire.

93.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

93.7 	Sec. 6. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
93.8 	254A.04 CITIZENS ADVISORY COUNCIL.
93.9 	There is hereby created an Alcohol and Other Drug Abuse Advisory Council to 
93.10 	advise the Department of Human Services concerning the problems of alcohol and 
93.11 	other drug dependency and abuse, composed of ten members. Five members shall be 
93.12 	individuals whose interests or training are in the field of alcohol dependency and abuse; 
93.13 	and five members whose interests or training are in the field of dependency and abuse of 
93.14 	drugs other than alcohol. The terms, compensation and removal of members shall be as 
93.15 	provided in section 15.059. Notwithstanding section 15.059, subdivision 5, the council 
93.16 	expires June 30, 2014 does not expire. The commissioner of human services shall appoint 
93.17 	members whose terms end in even-numbered years. The commissioner of health shall 
93.18 	appoint members whose terms end in odd-numbered years.

93.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

93.20 	Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1, is 
93.21 	amended to read:
93.22 		Subdivision 1.State traumatic brain injury program. (a) The commissioner 
93.23 	of human services shall:
93.24 	(1) maintain a statewide traumatic brain injury program;
93.25 	(2) supervise and coordinate services and policies for persons with traumatic brain 
93.26 	injuries;
93.27 	(3) contract with qualified agencies or employ staff to provide statewide 
93.28 	administrative case management and consultation;
93.29 	(4) maintain an advisory committee to provide recommendations in reports to the 
93.30 	commissioner regarding program and service needs of persons with brain injuries;
93.31 	(5) investigate the need for the development of rules or statutes for the brain injury 
93.32 	home and community-based services waiver; and
94.1 	(6) investigate present and potential models of service coordination which can be 
94.2 	delivered at the local level; and.
94.3 	(7) (b) The advisory committee required by paragraph (a), clause (4), must consist 
94.4 	of no fewer than ten members and no more than 30 members. The commissioner shall 
94.5 	appoint all advisory committee members to one- or two-year terms and appoint one 
94.6 	member as chair. Notwithstanding section 15.059, subdivision 5, the advisory committee 
94.7 	does not terminate until June 30, 2014 expire.

94.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

94.9 	Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is 
94.10 	amended to read:
94.11 		Subd. 2.Expiration. Notwithstanding section 15.059, subdivision 5, the American 
94.12 	Indian Child Welfare Advisory Council expires June 30, 2014 does not expire.

94.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

94.14 	Sec. 9. Minnesota Statutes 2012, section 325H.05, is amended to read:
94.15 	325H.05 POSTED WARNING REQUIRED.
94.16 	(a) The facility owner or operator shall conspicuously post the warning sign signs
94.17 	 described in paragraph paragraphs (b) and (c) within three feet of each tanning station. 
94.18 	The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, 
94.19 	and must be posted so that it can be easily viewed by the consumer before energizing the 
94.20 	tanning equipment.
94.21 	(b) The warning sign required in paragraph (a) shall have dimensions not less than 
94.22 	eight inches by ten inches, and must have the following wording:
94.23 	"DANGER - ULTRAVIOLET RADIATION
94.24 	-Follow instructions.
94.25 	-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin 
94.26 	injury and allergic reactions. Repeated exposure may cause premature aging 
94.27 	of the skin and skin cancer.
94.28 	-Wear protective eyewear.
94.29 	FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
94.30 	IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
94.31 	-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. 
94.32 	Consult a physician before using sunlamp or tanning equipment if you are 
95.1 	using medications or have a history of skin problems or believe yourself to be 
95.2 	especially sensitive to sunlight."
95.3 	(c) All tanning facilities must prominently display a sign in a conspicuous place, 
95.4 	at the point of sale, that states it is unlawful for a tanning facility or operator to allow a 
95.5 	person under age 18 to use any tanning equipment.

95.6 	Sec. 10. [325H.085] USE BY MINORS PROHIBITED.
95.7 	A person under age 18 may not use any type of tanning equipment as defined by 
95.8 	section 325H.01, subdivision 6, available in a tanning facility in this state.

95.9 	Sec. 11. Minnesota Statutes 2012, section 325H.09, is amended to read:
95.10 	325H.09 PENALTY.
95.11 	Any person who leases tanning equipment or who owns a tanning facility and who 
95.12 	operates or permits the equipment or facility to be operated in noncompliance with the 
95.13 	requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor
95.14 	 and shall be subject to a penalty of not less than $150 for the first violation and not more 
95.15 	than $300 for each subsequent violation.

95.16 	Sec. 12. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
95.17 		Subd. 2.Selection of members, terms, vacancies. Except in counties which 
95.18 	contain a city of the first class and counties having a poor and hospital commission, the 
95.19 	local social services agency shall consist of seven members, including the board of county 
95.20 	commissioners, to be selected as herein provided; two members, one of whom shall be 
95.21 	a woman, shall be appointed by the commissioner of human services board of county 
95.22 	commissioners, one each year for a full term of two years, from a list of residents, submitted 
95.23 	by the board of county commissioners. As each term expires or a vacancy occurs by reason 
95.24 	of death or resignation, a successor shall be appointed by the commissioner of human 
95.25 	services board of county commissioners for the full term of two years or the balance of any 
95.26 	unexpired term from a list of one or more, not to exceed three residents submitted by the 
95.27 	board of county commissioners. The board of county commissioners may, by resolution 
95.28 	adopted by a majority of the board, determine that only three of their members shall be 
95.29 	members of the local social services agency, in which event the local social services agency 
95.30 	shall consist of five members instead of seven. When a vacancy occurs on the local social 
95.31 	services agency by reason of the death, resignation, or expiration of the term of office of a 
95.32 	member of the board of county commissioners, the unexpired term of such member shall 
95.33 	be filled by appointment by the county commissioners. Except to fill a vacancy the term 
96.1 	of office of each member of the local social services agency shall commence on the first 
96.2 	Thursday after the first Monday in July, and continue until the expiration of the term 
96.3 	for which such member was appointed or until a successor is appointed and qualifies. 
96.4 	If the board of county commissioners shall refuse, fail, omit, or neglect to submit one 
96.5 	or more nominees to the commissioner of human services for appointment to the local 
96.6 	social services agency by the commissioner of human services, as herein provided, or to 
96.7 	appoint the three members to the local social services agency, as herein provided, by the 
96.8 	time when the terms of such members commence, or, in the event of vacancies, for a 
96.9 	period of 30 days thereafter, the commissioner of human services is hereby empowered 
96.10 	to and shall forthwith appoint residents of the county to the local social services agency. 
96.11 	The commissioner of human services, on refusing to appoint a nominee from the list of 
96.12 	nominees submitted by the board of county commissioners, shall notify the county board 
96.13 	of such refusal. The county board shall thereupon nominate additional nominees. Before 
96.14 	the commissioner of human services shall fill any vacancy hereunder resulting from the 
96.15 	failure or refusal of the board of county commissioners of any county to act, as required 
96.16 	herein, the commissioner of human services shall mail 15 days' written notice to the board 
96.17 	of county commissioners of its intention to fill such vacancy or vacancies unless the board 
96.18 	of county commissioners shall act before the expiration of the 15-day period.

96.19 	Sec. 13. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
96.20 		Subd. 7.Joint exercise of powers. Notwithstanding the provisions of subdivision 1 
96.21 	two or more counties may by resolution of their respective boards of county commissioners, 
96.22 	agree to combine the functions of their separate local social services agency into one local 
96.23 	social services agency to serve the two or more counties that enter into the agreement. 
96.24 	Such agreement may be for a definite term or until terminated in accordance with its terms. 
96.25 	When two or more counties have agreed to combine the functions of their separate local 
96.26 	social services agency, a single local social services agency in lieu of existing individual 
96.27 	local social services agency shall be established to direct the activities of the combined 
96.28 	agency. This agency shall have the same powers, duties and functions as an individual local 
96.29 	social services agency. The single local social services agency shall have representation 
96.30 	from each of the participating counties with selection of the members to be as follows:
96.31 	(a) Each board of county commissioners entering into the agreement shall on an 
96.32 	annual basis select one or two of its members to serve on the single local social services 
96.33 	agency.
96.34 	(b) Each board of county commissioners entering into the agreement shall in 
96.35 	accordance with procedures established by the commissioner of human services, submit a 
97.1 	list of names of three county residents, who shall not be county commissioners, to the 
97.2 	commissioner of human services. The commissioner shall select one person from each 
97.3 	county list county resident who is not a county commissioner to serve as a local social 
97.4 	services agency member.
97.5 	(c) The composition of the agency may be determined by the boards of county 
97.6 	commissioners entering into the agreement providing that no less than one-third of the 
97.7 	members are appointed as provided in clause (b).

97.8 	Sec. 14. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION; 
97.9 	REGISTRATION.
97.10 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
97.11 	have the meanings given them.
97.12 	(b) "Automatic external defibrillator" or "AED" means an electronic device designed 
97.13 	and manufactured to operate automatically or semiautomatically for the purpose of 
97.14 	delivering an electrical current to the heart of a person in sudden cardiac arrest.
97.15 	(c) "AED registry" means a registry of AEDs that requires a maintenance program 
97.16 	or package, and includes, but is not limited to: the Minnesota AED Registry, the National 
97.17 	AED Registry, iRescU, or a manufacturer-specific program.
97.18 	(d) "Public Access AED" means an AED that is intended, by its markings or display, 
97.19 	to be used or accessed by the public for the benefit of the general public that may be in the 
97.20 	vicinity or location of that AED. It does not include an AED that is owned or used by a 
97.21 	hospital, clinic, business, or organization that is intended to be used by staff and is not 
97.22 	marked or displayed in a manner to encourage public access.
97.23 	(e) "Maintenance program or package" means a program that will alert the AED 
97.24 	owner when the AED has electrodes and batteries due to expire or replaces those expiring 
97.25 	electrodes and batteries for the AED owner.
97.26 	(f) "Public safety agency" means local law enforcement, county sheriff, municipal 
97.27 	police, tribal agencies, state law enforcement, fire departments, including municipal 
97.28 	departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, 
97.29 	and licensed ambulance services.
97.30 	(g) "Mobile AED" means an AED that (1) is purchased with the intent of being located 
97.31 	in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be 
97.32 	placed in stationary storage, including, but not limited to, an AED used at an athletic event.
97.33 	(h) "Private Use AED" means an AED that is not intended to be used or accessed by 
97.34 	the public for the benefit of the general public. This may include, but is not limited to, 
97.35 	AEDs found in private residences.
98.1 		Subd. 2.Registration. A person who purchases or obtains a Public Access AED 
98.2 	shall register that device with an AED registry within 30 working days of receiving the 
98.3 	AED.
98.4 		Subd. 3.Required information. A person registering a Public Access AED shall 
98.5 	provide the following information for each AED:
98.6 	(1) AED manufacturer, model, and serial number;
98.7 	(2) specific location where the AED will be kept; and
98.8 	(3) the title, address, and telephone number of a person in management at the 
98.9 	business or organization where the AED is located.
98.10 		Subd. 4.Information changes. The owner of a Public Access AED shall notify the 
98.11 	owner's AED registry of any changes in the information that is required in the registration 
98.12 	within 30 working days of the change occurring.
98.13 		Subd. 5.Public Access AED requirements. A Public Access AED:
98.14 	(1) may be inspected during regular business hours by a public safety agency with 
98.15 	jurisdiction over the location of the AED;
98.16 	(2) must be kept in the location specified in the registration; and
98.17 	(3) must be reasonably maintained, including replacement of dead batteries and 
98.18 	pads/electrodes, and comply with all manufacturer's recall and safety notices.
98.19 		Subd. 6.Removal of AED. An authorized agent of a public safety agency with 
98.20 	jurisdiction over the location of the AED may direct the owner of a Public Access AED to 
98.21 	comply with this section. The authorized agent of the public safety agency may direct 
98.22 	the owner of the AED to remove the AED from its public access location and to remove 
98.23 	or cover any public signs relating to that AED if it is determined that the AED is not 
98.24 	ready for immediate use.
98.25 		Subd. 7.Private Use AEDs. The owner of a Private Use AED is not subject to the 
98.26 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
98.27 		Subd. 8.Mobile AEDs. The owner of a Mobile AED is not subject to the 
98.28 	requirements of this section but is encouraged to maintain the AED in a consistent manner.
98.29 		Subd. 9.Signs. A person acquiring a Public Use AED is encouraged but is not 
98.30 	required to post signs bearing the universal AED symbol in order to increase the ease of 
98.31 	access by the public to the AED in the event of an emergency. A person may not post any 
98.32 	AED sign or allow any AED sign to remain posted upon being ordered to remove or cover 
98.33 	any AED signs by an authorized agent of a public safety agency.
98.34 		Subd. 10.Emergency response plans. The owner of one or more Public Access 
98.35 	AEDs shall develop an emergency response plan appropriate for the nature of the facility 
98.36 	the AED is intended to serve.
99.1 		Subd. 11.Civil or criminal liability. This section does not create any civil liability 
99.2 	on the part of an AED owner or preclude civil liability under other law. Section 645.241 
99.3 	does not apply to this section.

99.4 	EFFECTIVE DATE. This section is effective August 1, 2014.

99.5 	Sec. 15. Minnesota Statutes 2012, section 461.12, is amended to read:
99.6 	461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO, 
99.7 	TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
99.8 		Subdivision 1.Authorization. A town board or the governing body of a home 
99.9 	rule charter or statutory city may license and regulate the retail sale of tobacco and,
99.10 	 tobacco-related devices, and electronic delivery devices as defined in section 609.685, 
99.11 	subdivision 1, and nicotine and lobelia delivery products as described in section 609.6855, 
99.12 	and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 
99.13 	The county board shall license and regulate the sale of tobacco and, tobacco-related 
99.14 	devices, electronic delivery devices, and nicotine and lobelia products in unorganized 
99.15 	territory of the county except on the State Fairgrounds and in a town or a home rule charter 
99.16 	or statutory city if the town or city does not license and regulate retail sales of tobacco 
99.17 	sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
99.18 	delivery products. The State Agricultural Society shall license and regulate the sale of 
99.19 	tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
99.20 	delivery products on the State Fairgrounds. Retail establishments licensed by a town or 
99.21 	city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and 
99.22 	lobelia delivery products are not required to obtain a second license for the same location 
99.23 	under the licensing ordinance of the county.
99.24 		Subd. 2.Administrative penalties; licensees. If a licensee or employee of a 
99.25 	licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine 
99.26 	or lobelia delivery products to a person under the age of 18 years, or violates any other 
99.27 	provision of this chapter, the licensee shall be charged an administrative penalty of $75. 
99.28 	An administrative penalty of $200 must be imposed for a second violation at the same 
99.29 	location within 24 months after the initial violation. For a third violation at the same 
99.30 	location within 24 months after the initial violation, an administrative penalty of $250 
99.31 	must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, 
99.32 	electronic delivery devices, or nicotine or lobelia delivery products at that location must be 
99.33 	suspended for not less than seven days. No suspension or penalty may take effect until the 
99.34 	licensee has received notice, served personally or by mail, of the alleged violation and an 
100.1 	opportunity for a hearing before a person authorized by the licensing authority to conduct 
100.2 	the hearing. A decision that a violation has occurred must be in writing.
100.3 		Subd. 3.Administrative penalty; individuals. An individual who sells tobacco 
100.4 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
100.5 	products to a person under the age of 18 years must be charged an administrative penalty 
100.6 	of $50. No penalty may be imposed until the individual has received notice, served 
100.7 	personally or by mail, of the alleged violation and an opportunity for a hearing before a 
100.8 	person authorized by the licensing authority to conduct the hearing. A decision that a 
100.9 	violation has occurred must be in writing.
100.10 		Subd. 4.Minors. The licensing authority shall consult with interested educators, 
100.11 	parents, children, and representatives of the court system to develop alternative penalties 
100.12 	for minors who purchase, possess, and consume tobacco or, tobacco-related devices, 
100.13 	electronic delivery devices, or nicotine or lobelia delivery products. The licensing 
100.14 	authority and the interested persons shall consider a variety of options, including, but 
100.15 	not limited to, tobacco free education programs, notice to schools, parents, community 
100.16 	service, and other court diversion programs.
100.17 		Subd. 5.Compliance checks. A licensing authority shall conduct unannounced 
100.18 	compliance checks at least once each calendar year at each location where tobacco is, 
100.19 	tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products 
100.20 	are sold to test compliance with section sections 609.685 and 609.6855. Compliance 
100.21 	checks must involve minors over the age of 15, but under the age of 18, who, with the prior 
100.22 	written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related 
100.23 	devices, electronic delivery devices, or nicotine or lobelia delivery products under the 
100.24 	direct supervision of a law enforcement officer or an employee of the licensing authority.
100.25 		Subd. 6.Defense. It is an affirmative defense to the charge of selling tobacco 
100.26 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
100.27 	products to a person under the age of 18 years in violation of subdivision 2 or 3 that the 
100.28 	licensee or individual making the sale relied in good faith upon proof of age as described 
100.29 	in section 340A.503, subdivision 6.
100.30 		Subd. 7.Judicial review. Any person aggrieved by a decision under subdivision 
100.31 	2 or 3 may have the decision reviewed in the district court in the same manner and 
100.32 	procedure as provided in section 462.361.
100.33 		Subd. 8.Notice to commissioner. The licensing authority under this section shall, 
100.34 	within 30 days of the issuance of a license, inform the commissioner of revenue of the 
100.35 	licensee's name, address, trade name, and the effective and expiration dates of the license. 
101.1 	The commissioner of revenue must also be informed of a license renewal, transfer, 
101.2 	cancellation, suspension, or revocation during the license period.

101.3 	Sec. 16. Minnesota Statutes 2012, section 461.18, is amended to read:
101.4 	461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
101.5 		Subdivision 1.Except in adult-only facilities. (a) No person shall offer for sale 
101.6 	tobacco or tobacco-related devices, or electronic delivery devices as defined in section 
101.7 	609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 
101.8 	609.6855, in open displays which are accessible to the public without the intervention 
101.9 	of a store employee.
101.10 	(b) [Expired August 28, 1997]
101.11 	(c) [Expired]
101.12 	(d) This subdivision shall not apply to retail stores which derive at least 90 percent 
101.13 	of their revenue from tobacco and tobacco-related products devices and where the retailer 
101.14 	ensures that no person younger than 18 years of age is present, or permitted to enter, at 
101.15 	any time.
101.16 		Subd. 2.Vending machine sales prohibited. No person shall sell tobacco products, 
101.17 	electronic delivery devices, or nicotine or lobelia delivery products from vending 
101.18 	machines. This subdivision does not apply to vending machines in facilities that cannot be 
101.19 	entered at any time by persons younger than 18 years of age.
101.20 		Subd. 3.Federal regulations for cartons, multipacks. Code of Federal 
101.21 	Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 
101.22 	and other multipack units.

101.23 	Sec. 17. Minnesota Statutes 2012, section 461.19, is amended to read:
101.24 	461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
101.25 	Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 
101.26 	restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery 
101.27 	devices, and nicotine and lobelia products. A governing body shall give notice of its 
101.28 	intention to consider adoption or substantial amendment of any local ordinance required 
101.29 	under section 461.12 or permitted under this section. The governing body shall take 
101.30 	reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 
101.31 	known address of each licensee or person required to hold a license under section 461.12. 
101.32 	The notice shall state the time, place, and date of the meeting and the subject matter of 
101.33 	the proposed ordinance.

102.1 	Sec. 18. Minnesota Statutes 2012, section 609.685, is amended to read:
102.2 	609.685 SALE OF TOBACCO TO CHILDREN.
102.3 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
102.4 	shall have the meanings respectively ascribed to them in this section.
102.5 	(a) "Tobacco" means cigarettes and any product containing, made, or derived from 
102.6 	tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 
102.7 	dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 
102.8 	part, or accessory of a tobacco product; including but not limited to cigars; cheroots; 
102.9 	stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 
102.10 	snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 
102.11 	shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 
102.12 	forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 
102.13 	United States Food and Drug Administration for sale as a tobacco-cessation product, as a 
102.14 	tobacco-dependence product, or for other medical purposes, and is being marketed and 
102.15 	sold solely for such an approved purpose.
102.16 	(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or 
102.17 	other devices intentionally designed or intended to be used in a manner which enables 
102.18 	the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. 
102.19 	Tobacco-related devices include components of tobacco-related devices which may be 
102.20 	marketed or sold separately.
102.21 	(c) "Electronic delivery device" means any product containing or delivering nicotine, 
102.22 	lobelia, or any other substance intended for human consumption that can be used by a 
102.23 	person to simulate smoking in the delivery of nicotine or any other substance through 
102.24 	inhalation of vapor from the product. Electronic delivery device includes any component 
102.25 	part of a product, whether or not marketed or sold separately. Electronic delivery device 
102.26 	does not include any product that has been approved or certified by the United States Food 
102.27 	and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence 
102.28 	product, or for other medical purposes, and is marketed and sold for such an approved 
102.29 	purpose.
102.30 		Subd. 1a.Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or 
102.31 	electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor 
102.32 	for the first violation. Whoever violates this subdivision a subsequent time within five 
102.33 	years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
102.34 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
102.35 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
102.36 	relied on proof of age as described in section 340A.503, subdivision 6.
103.1 		Subd. 2.Other offenses. (a) Whoever furnishes tobacco,or tobacco-related 
103.2 	devices, or electronic delivery devices to a person under the age of 18 years is guilty of a 
103.3 	misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 
103.4 	guilty of a gross misdemeanor.
103.5 	(b) A person under the age of 18 years who purchases or attempts to purchase 
103.6 	tobacco,or tobacco-related devices, or electronic delivery devices and who uses a driver's 
103.7 	license, permit, Minnesota identification card, or any type of false identification to 
103.8 	misrepresent the person's age, is guilty of a misdemeanor.
103.9 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivision 2, 
103.10 	whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 
103.11 	purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery 
103.12 	devices and is under the age of 18 years is guilty of a petty misdemeanor.
103.13 		Subd. 4.Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 
103.14 	or preclude the continuation or adoption of any local ordinance which provides for more 
103.15 	stringent regulation of the subject matter in subdivisions 1 to 3.
103.16 		Subd. 5.Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 
103.17 	tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 
103.18 	traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 
103.19 	is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
103.20 	(b) The penalties in this section do not apply to a person under the age of 18 years 
103.21 	who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic 
103.22 	delivery devices while under the direct supervision of a responsible adult for training, 
103.23 	education, research, or enforcement purposes.
103.24 		Subd. 6.Seizure of false identification. A retailer may seize a form of identification 
103.25 	listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 
103.26 	that the form of identification has been altered or falsified or is being used to violate any 
103.27 	law. A retailer that seizes a form of identification as authorized under this subdivision 
103.28 	shall deliver it to a law enforcement agency within 24 hours of seizing it.

103.29 	Sec. 19. Minnesota Statutes 2012, section 609.6855, is amended to read:
103.30 	609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
103.31 		Subdivision 1.Penalty to sell. (a) Whoever sells to a person under the age of 
103.32 	18 years a product containing or delivering nicotine or lobelia intended for human 
103.33 	consumption, or any part of such a product, that is not tobacco or an electronic delivery 
103.34 	device as defined by section 609.685, is guilty of a misdemeanor for the first violation. 
104.1 	Whoever violates this subdivision a subsequent time within five years of a previous 
104.2 	conviction under this subdivision is guilty of a gross misdemeanor.
104.3 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
104.4 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
104.5 	relied on proof of age as described in section 340A.503, subdivision 6.
104.6 	(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 
104.7 	lobelia intended for human consumption, or any part of such a product, that is not tobacco
104.8 	 or an electronic delivery device as defined by section 609.685, may be sold to persons 
104.9 	under the age of 18 if the product has been approved or otherwise certified for legal sale 
104.10 	by the United States Food and Drug Administration for tobacco use cessation, harm 
104.11 	reduction, or for other medical purposes, and is being marketed and sold solely for that 
104.12 	approved purpose.
104.13 		Subd. 2.Other offense. A person under the age of 18 years who purchases or 
104.14 	attempts to purchase a product containing or delivering nicotine or lobelia intended for 
104.15 	human consumption, or any part of such a product, that is not tobacco or an electronic 
104.16 	delivery device as defined by section 609.685, and who uses a driver's license, permit, 
104.17 	Minnesota identification card, or any type of false identification to misrepresent the 
104.18 	person's age, is guilty of a misdemeanor.
104.19 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 
104.20 	2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 
104.21 	a product containing or delivering nicotine or lobelia intended for human consumption, or 
104.22 	any part of such a product, that is not tobacco or an electronic delivery device as defined 
104.23 	by section 609.685, is guilty of a petty misdemeanor.

104.24 	Sec. 20. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to 
104.25 	read:
104.26 	Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT 
104.27 	PROCESS.
 104.28 	(a) The commissioner of human services shall issue a request for information for an 
104.29 	integrated service delivery system for health care programs, food support, cash assistance, 
104.30 	and child care. The commissioner shall determine, in consultation with partners in 
104.31 	paragraph (c), if the products meet departments' and counties' functions. The request for 
104.32 	information may incorporate a performance-based vendor financing option in which the 
104.33 	vendor shares the risk of the project's success. The health care system must be developed 
104.34 	in phases with the capacity to integrate food support, cash assistance, and child care 
104.35 	programs as funds are available. The request for information must require that the system:
105.1 	(1) streamline eligibility determinations and case processing to support statewide 
105.2 	eligibility processing;
105.3 	(2) enable interested persons to determine eligibility for each program, and to apply 
105.4 	for programs online in a manner that the applicant will be asked only those questions 
105.5 	relevant to the programs for which the person is applying;
105.6 	(3) leverage technology that has been operational in other state environments with 
105.7 	similar requirements; and
105.8 	(4) include Web-based application, worker application processing support, and the 
105.9 	opportunity for expansion.
105.10 	(b) The commissioner shall issue a final report, including the implementation plan, 
105.11 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
105.12 	over health and human services no later than January 31, 2012.
105.13 	(c) The commissioner shall partner with counties, a service delivery authority 
105.14 	established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology, 
105.15 	other state agencies, and service partners to develop an integrated service delivery 
105.16 	framework, which will simplify and streamline human services eligibility and enrollment 
105.17 	processes. The primary objectives for the simplification effort include significantly 
105.18 	improved eligibility processing productivity resulting in reduced time for eligibility 
105.19 	determination and enrollment, increased customer service for applicants and recipients of 
105.20 	services, increased program integrity, and greater administrative flexibility.
105.21 	(d) The commissioner, along with a county representative appointed by the 
105.22 	Association of Minnesota Counties, shall report specific implementation progress to the 
105.23 	legislature annually beginning May 15, 2012.
105.24 	(e) The commissioner shall work with the Minnesota Association of County Social 
105.25 	Service Administrators and the Office of Enterprise Technology to develop collaborative 
105.26 	task forces, as necessary, to support implementation of the service delivery components 
105.27 	under this paragraph. The commissioner must evaluate, develop, and include as part 
105.28 	of the integrated eligibility and enrollment service delivery framework, the following 
105.29 	minimum components:
105.30 	(1) screening tools for applicants to determine potential eligibility as part of an 
105.31 	online application process;
105.32 	(2) the capacity to use databases to electronically verify application and renewal 
105.33 	data as required by law;
105.34 	(3) online accounts accessible by applicants and enrollees;
105.35 	(4) an interactive voice response system, available statewide, that provides case 
105.36 	information for applicants, enrollees, and authorized third parties;
106.1 	(5) an electronic document management system that provides electronic transfer of 
106.2 	all documents required for eligibility and enrollment processes; and
106.3 	(6) a centralized customer contact center that applicants, enrollees, and authorized 
106.4 	third parties can use statewide to receive program information, application assistance, 
106.5 	and case information, report changes, make cost-sharing payments, and conduct other 
106.6 	eligibility and enrollment transactions.
106.7 	(f) (e) Subject to a legislative appropriation, the commissioner of human services 
106.8 	shall issue a request for proposal for the appropriate phase of an integrated service delivery 
106.9 	system for health care programs, food support, cash assistance, and child care.

106.10 	Sec. 21.  REPEALER.
 106.11 	(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
106.12 	(b) Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.
106.13 	(c) Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 
106.14 	2, 3, and 4, are repealed.