1.1 	A bill for an act
1.2 	relating to the Department of Health and Department of Human Services; amending 
1.3 	various record and notification requirements; providing for over-the-counter hearing 
1.4 	aids; adopting guidelines for physical standards of hospitals; modifying regulations 
1.5 	related to lead; amending provisions for administering opiate antagonists; amending 
1.6 	transporting requirements for medical cannabis; establishing and modifying grant 
1.7 	programs;amending Minnesota Statutes 2022, sections 62J.17, subdivision 5a; 
1.8 	62Q.675; 62U.04, subdivision 11; 144.1481, subdivision 1; 144.2151; 144.222; 
1.9 	144.382, by adding subdivisions; 144.55, subdivision 3; 144.6535, subdivisions 
1.10 	1, 2, 4; 144.9501, subdivisions 17, 26a, 26b, by adding subdivisions; 144.9505, 
1.11 	subdivisions 1, 1g, 1h; 144.9508, subdivision 2; 148.512, subdivisions 10a, 10b, 
1.12 	by adding subdivisions; 148.513, by adding a subdivision; 148.515, subdivision 
1.13 	6; 148.5175; 148.5195, subdivision 3; 148.5196, subdivision 1; 148.5197; 148.5198; 
1.14 	151.37, subdivision 12; 152.29, subdivision 3a; 153A.13, subdivisions 3, 4, 5, 6, 
1.15 	7, 9, 10, 11, by adding subdivisions; 153A.14, subdivisions 1, 2, 2h, 2i, 2j, 4, 4a, 
1.16 	4b, 4c, 4e, 6, 9, 11, by adding a subdivision; 153A.15, subdivisions 1, 2, 4; 
1.17 	153A.17; 153A.175; 153A.18; 153A.20; 245.4661, subdivision 9; 245.469, 
1.18 	subdivision 3; 256.478, by adding subdivisions; 256B.056, by adding a subdivision; 
1.19 	256B.0622, subdivision 8; 256B.0625, subdivision 3a; 256B.0946, subdivision 6; 
1.20 	256B.0947, subdivision 7a; 256D.02, by adding a subdivision; 256D.07; 256I.03, 
1.21 	subdivision 15, by adding a subdivision; 256I.04, subdivision 2; 256I.06, 
1.22 	subdivision 3; 256I.09; 256J.08, subdivision 21; 256J.09, subdivision 3; 256J.95, 
1.23 	subdivision 5; 256P.01, by adding a subdivision; 256P.04, by adding a subdivision; 
1.24 	proposing coding for new law in Minnesota Statutes, chapters 144; 245; repealing 
1.25 	Minnesota Statutes 2022, sections 144.9505, subdivision 3; 153A.14, subdivision 
1.26 	5; 256I.03, subdivision 6; Minnesota Rules, parts 4640.1500; 4640.1600; 
1.27 	4640.1700; 4640.1800; 4640.1900; 4640.2000; 4640.2100; 4640.2200; 4640.2300; 
1.28 	4640.2400; 4640.2500; 4640.2600; 4640.2700; 4640.2800; 4640.2900; 4640.3000; 
1.29 	4640.3100; 4640.3200; 4640.3300; 4640.3400; 4640.3500; 4640.3600; 4640.3700; 
1.30 	4640.3800; 4640.3900; 4640.4000; 4640.4100; 4640.4200; 4640.4300; 4640.6100; 
1.31 	4640.6200; 4640.6300; 4640.6400; 4645.0300; 4645.0400; 4645.0500; 4645.0600; 
1.32 	4645.0700; 4645.0800; 4645.0900; 4645.1000; 4645.1100; 4645.1200; 4645.1300; 
1.33 	4645.1400; 4645.1500; 4645.1600; 4645.1700; 4645.1800; 4645.1900; 4645.2000; 
1.34 	4645.2100; 4645.2200; 4645.2300; 4645.2400; 4645.2500; 4645.2600; 4645.2700; 
1.35 	4645.2800; 4645.2900; 4645.3000; 4645.3100; 4645.3200; 4645.3300; 4645.3400; 
1.36 	4645.3500; 4645.3600; 4645.3700; 4645.3800; 4645.3805; 4645.3900; 4645.4000; 
1.37 	4645.4100; 4645.4200; 4645.4300; 4645.4400; 4645.4500; 4645.4600; 4645.4700; 
1.38 	4645.4800; 4645.4900; 4645.5100; 4645.5200.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	Section 1. Minnesota Statutes 2022, section 62J.17, subdivision 5a, is amended to read:
2.3 		Subd. 5a.Retrospective review. (a) The commissioner shall retrospectively review 
2.4 	each major spending commitment and notify the provider of the results of the review. The 
2.5 	commissioner shall determine whether the major spending commitment was appropriate. 
2.6 	In making the determination, the commissioner may consider the following criteria: the 
2.7 	major spending commitment's impact on the cost, access, and quality of health care; the 
2.8 	clinical effectiveness and cost-effectiveness of the major spending commitment; and the 
2.9 	alternatives available to the provider. If the major expenditure is determined to not be 
2.10 	appropriate, the commissioner shall notify the provider.
2.11 	(b) The commissioner may not prevent or prohibit a major spending commitment subject 
2.12 	to retrospective review. However, if the provider fails the retrospective review, any major 
2.13 	spending commitments by that provider for the five-year period following the commissioner's 
2.14 	decision are subject to prospective review under subdivision 6a.

2.15 	Sec. 2. Minnesota Statutes 2022, section 62Q.675, is amended to read:
2.16 	62Q.675 HEARING AIDS; PERSONS 18 OR YOUNGER.
2.17 	A health plan must cover hearing aids for all individuals 18 years of age or younger for 
2.18 	hearing loss that is not correctable by other covered procedures. Coverage required under 
2.19 	this section is limited to one hearing aid in each ear every three years. No special deductible, 
2.20 	coinsurance, co-payment, or other limitation on the coverage under this section that is not 
2.21 	generally applicable to other coverages under the plan may be imposed.

2.22 	Sec. 3. Minnesota Statutes 2022, section 62U.04, subdivision 11, is amended to read:
2.23 		Subd. 11.Restricted uses of the all-payer claims data. (a) Notwithstanding subdivision 
2.24 	4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's 
2.25 	designee shall only use the data submitted under subdivisions 4 and 5 for the following 
2.26 	purposes:
2.27 	(1) to evaluate the performance of the health care home program as authorized under 
2.28 	section 62U.03, subdivision 7;
2.29 	(2) to study, in collaboration with the reducing avoidable readmissions effectively 
2.30 	(RARE) campaign, hospital readmission trends and rates;
3.1 	(3) to analyze variations in health care costs, quality, utilization, and illness burden based 
3.2 	on geographical areas or populations;
3.3 	(4) to evaluate the state innovation model (SIM) testing grant received by the Departments 
3.4 	of Health and Human Services, including the analysis of health care cost, quality, and 
3.5 	utilization baseline and trend information for targeted populations and communities; and
3.6 	(5) to compile one or more public use files of summary data or tables that must:
3.7 	(i) be available to the public for no or minimal cost by March 1, 2016, and available by 
3.8 	web-based electronic data download by June 30, 2019;
3.9 	(ii) not identify individual patients, payers, or providers;
3.10 	(iii) be updated by the commissioner, at least annually, with the most current data 
3.11 	available;
3.12 	(iv) contain clear and conspicuous explanations of the characteristics of the data, such 
3.13 	as the dates of the data contained in the files, the absence of costs of care for uninsured 
3.14 	patients or nonresidents, and other disclaimers that provide appropriate context; and
3.15 	(v) not lead to the collection of additional data elements beyond what is authorized under 
3.16 	this section as of June 30, 2015.
3.17 	(b) The commissioner may publish the results of the authorized uses identified in 
3.18 	paragraph (a) so long as the data released publicly do not contain information or descriptions 
3.19 	in which the identity of individual hospitals, clinics, or other providers may be discerned.
3.20 	(c) Nothing in this subdivision shall be construed to prohibit the commissioner from 
3.21 	using the data collected under subdivision 4 to complete the state-based risk adjustment 
3.22 	system assessment due to the legislature on October 1, 2015.
3.23 	(d) The commissioner or the commissioner's designee may use the data submitted under 
3.24 	subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1, 
3.25 	2023.
3.26 	(e) (d) The commissioner shall consult with the all-payer claims database work group 
3.27 	established under subdivision 12 regarding the technical considerations necessary to create 
3.28 	the public use files of summary data described in paragraph (a), clause (5).

3.29 	Sec. 4. Minnesota Statutes 2022, section 144.1481, subdivision 1, is amended to read:
3.30 		Subdivision 1.Establishment; membership. The commissioner of health shall establish 
3.31 	a 16-member Rural Health Advisory Committee. The committee shall consist of the following 
4.1 	22 members, all of whom must reside outside the seven-county metropolitan area, as defined 
4.2 	in section 473.121, subdivision 2:
4.3 	(1) two members from the house of representatives of the state of Minnesota, one from 
4.4 	the majority party and one from the minority party;
4.5 	(2) two members from the senate of the state of Minnesota, one from the majority party 
4.6 	and one from the minority party;
4.7 	(3) a volunteer member of an ambulance service based outside the seven-county 
4.8 	metropolitan area;
4.9 	(4) a representative of a hospital located outside the seven-county metropolitan area;
4.10 	(5) a representative of a nursing home located outside the seven-county metropolitan 
4.11 	area;
4.12 	(6) a medical doctor or doctor of osteopathic medicine licensed under chapter 147;
4.13 	(7) a dentist licensed under chapter 150A;
4.14 	(8) an allied dental personnel as defined in Minnesota Rules, part 3100.0100, subpart 
4.15 	5;
4.16 	(8) (9)a midlevel practitioner an advanced practice professional;
4.17 	(9) (10) a registered nurse or licensed practical nurse;
4.18 	(10) (11) a licensed health care professional from an occupation not otherwise represented 
4.19 	on the committee;
4.20 	(11) (12) a representative of an institution of higher education located outside the 
4.21 	seven-county metropolitan area that provides training for rural health care providers; and
4.22 	(13) a member of a Tribal Nation;
4.23 	(14) a representative of a local public health agency or community health board;
4.24 	(15) a health professional or advocate with experience working with people with mental 
4.25 	illness;
4.26 	(16) a representative of a community organization that works with individuals 
4.27 	experiencing health disparities;
4.28 	(17) an individual with expertise in economic development, or an employer working 
4.29 	outside the seven-county metropolitan area;
5.1 	(12) three (18) two consumers, at least one of whom must be an advocate for persons 
5.2 	who are mentally ill or developmentally disabled from a community experiencing health 
5.3 	disparities; and
5.4 	(19) one consumer who is an advocate for persons who are developmentally disabled.
5.5 	The commissioner will make recommendations for committee membership. Committee 
5.6 	members will be appointed by the governor. In making appointments, the governor shall 
5.7 	ensure that appointments provide geographic balance among those areas of the state outside 
5.8 	the seven-county metropolitan area. The chair of the committee shall be elected by the 
5.9 	members. The advisory committee is governed by section 15.059, except that the members 
5.10 	do not receive per diem compensation.

5.11 	Sec. 5. Minnesota Statutes 2022, section 144.2151, is amended to read:
5.12 	144.2151 FETAL DEATH RECORD AND CERTIFICATE OF BIRTH 
5.13 	RESULTING IN STILLBIRTH.
5.14 		Subdivision 1.Filing Registration. A fetal death record of birth for each birth resulting 
5.15 	in a stillbirth in this state, on or after August 1, 2005, must be established for which a each
5.16 	fetal death report is required reported and registered under section 144.222, subdivision 1, 
5.17 	shall be filed with the state registrar within five days after the birth if the parent or parents 
5.18 	of the stillbirth request to have a record of birth resulting in stillbirth prepared.
5.19 		Subd. 2.Information to parents. The party responsible for filing a fetal death report 
5.20 	under section 144.222, subdivision 1, shall advise the parent or parents of a stillbirth:
5.21 	(1) that they may request preparation of a record of birth resulting in stillbirth;
5.22 	(2) that preparation of the record is optional; and
5.23 	(3) how to obtain a certified copy of the record if one is requested and prepared.
5.24 	(1) that the parent or parents may choose to provide a full name or provide only a last 
5.25 	name for the record;
5.26 	(2) that the parent or parents may request a certificate of birth resulting in stillbirth after 
5.27 	the fetal death record is established;
5.28 	(3) that the parent who gave birth may request an informational copy of the fetal death 
5.29 	record; and
6.1 	(4) that the parent or parents named on the fetal death record and the party responsible 
6.2 	for reporting the fetal death may correct or amend the record to protect the integrity and 
6.3 	accuracy of vital records.
6.4 		Subd. 3.Preparation Responsibilities of the state registrar. (a) Within five days after 
6.5 	delivery of a stillbirth, the parent or parents of the stillbirth may prepare and file the record 
6.6 	with the state registrar if the parent or parents of the stillbirth, after being advised as provided 
6.7 	in subdivision 2, request to have a record of birth resulting in stillbirth prepared.
6.8 	(b) If the parent or parents of the stillbirth do not choose to provide a full name for the 
6.9 	stillbirth, the parent or parents may choose to file only a last name.
6.10 	(c) Either parent of the stillbirth or, if neither parent is available, another person with 
6.11 	knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered 
6.12 	on the record in time to permit the filing of the record within five days after delivery.
6.13 	The state registrar shall:
6.14 	(1) prescribe the process to:
6.15 	(i) register a fetal death;
6.16 	(ii) request the certificate of birth resulting in stillbirth; and
6.17 	(iii) request the informational copy of a fetal death record;
6.18 	(2) prescribe a standardized format for the certificate of birth resulting in stillbirth, which 
6.19 	shall integrate security features and be as similar as possible to a birth certificate;
6.20 	(3) issue a certificate of birth resulting in stillbirth or a statement of no vital record found 
6.21 	to the parent or parents named on the fetal death record upon the parent's proper completion 
6.22 	of an attestation provided by the commissioner and payment of the required fee;
6.23 	(4) correct or amend the fetal death record upon a request from the parent who gave 
6.24 	birth, parents, or the person who registered the fetal death or filed the report; and
6.25 	(5) refuse to amend or correct the fetal death record when an applicant does not submit 
6.26 	the minimum documentation required to amend the record or when the state registrar has 
6.27 	cause to question the validity or completeness of the applicant's statements or any 
6.28 	documentary evidence and the deficiencies are not corrected. The state registrar shall advise 
6.29 	the applicant of the reason for this action and shall further advise the applicant of the right 
6.30 	of appeal to a court with competent jurisdiction over the Department of Health.
6.31 		Subd. 4.Retroactive application Delayed registration. Notwithstanding subdivisions 
6.32 	1 to 3, If a birth that fetal death occurred in this state at any time resulted in a stillbirth for 
7.1 	which a fetal death report was required under section 144.222, subdivision 1, but a record 
7.2 	of birth resulting in stillbirth was not prepared under subdivision 3, a parent of the stillbirth 
7.3 	may submit to the state registrar, on or after August 1, 2005, a written request for preparation 
7.4 	of a record of birth resulting in stillbirth and evidence of the facts of the stillbirth in the 
7.5 	form and manner specified by the state registrar. The state registrar shall prepare and file 
7.6 	the record of birth resulting in stillbirth within 30 days after receiving satisfactory evidence 
7.7 	of the facts of the stillbirth. fetal death was not registered and a record was not established, 
7.8 	a person responsible for registering the fetal death, the medical examiner or coroner with 
7.9 	jurisdiction, or a parent may submit to the state registrar a written request to register the 
7.10 	fetal death and submit the evidence to support the request.
7.11 		Subd. 5.Responsibilities of state registrar. The state registrar shall:
7.12 	(1) prescribe the form of and information to be included on a record of birth resulting 
7.13 	in stillbirth, which shall be as similar as possible to the form of and information included 
7.14 	on a record of birth;
7.15 	(2) prescribe the form of and information to be provided by the parent of a stillbirth 
7.16 	requesting a record of birth resulting in stillbirth under subdivisions 3 and 4 and make this 
7.17 	form available on the Department of Health's website;
7.18 	(3) issue a certified copy of a record of birth resulting in stillbirth to a parent of the 
7.19 	stillbirth that is the subject of the record if:
7.20 	(i) a record of birth resulting in stillbirth has been prepared and filed under subdivision 
7.21 	3 or 4; and
7.22 	(ii) the parent requesting a certified copy of the record submits the request in writing; 
7.23 	and
7.24 	(4) create and implement a process for entering, preparing, and handling stillbirth records 
7.25 	identical or as close as possible to the processes for birth and fetal death records when 
7.26 	feasible, but no later than the date on which the next reprogramming of the Department of 
7.27 	Health's database for vital records is completed.

7.28 	Sec. 6. Minnesota Statutes 2022, section 144.222, is amended to read:
7.29 	144.222 FETAL DEATH REPORTS OF FETAL OR INFANT DEATH AND 
7.30 	REGISTRATION.
7.31 		Subdivision 1.Fetal death report required. A fetal death report must be filed registered 
7.32 	or reported within five days of the death of a fetus for whom 20 or more weeks of gestation 
8.1 	have elapsed, except for abortions defined under section 145.4241. A fetal death report must 
8.2 	be prepared must be registered or reported in a format prescribed by the state registrar and 
8.3 	filed in accordance with Minnesota Rules, parts 4601.0100 to 4601.2600 by:
8.4 	(1) a person in charge of an institution or that person's authorized designee if a fetus is 
8.5 	delivered in the institution or en route to the institution;
8.6 	(2) a physician, certified nurse midwife, or other licensed medical personnel in attendance 
8.7 	at or immediately after the delivery if a fetus is delivered outside an institution; or
8.8 	(3) a parent or other person in charge of the disposition of the remains if a fetal death 
8.9 	occurred without medical attendance at or immediately after the delivery.
8.10 		Subd. 2.Sudden infant death. Each infant death which is diagnosed as sudden infant 
8.11 	death syndrome shall be reported within five days to the state registrar.

8.12 	Sec. 7. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision to 
8.13 	read:
8.14 		Subd. 2a.Connector. "Connector" means gooseneck, pigtail, and other service line 
8.15 	connectors. A connector is typically a short section of piping not exceeding two feet that 
8.16 	can be bent and used for connections between rigid service piping.

8.17 	Sec. 8. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision to 
8.18 	read:
8.19 		Subd. 3a.Galvanized requiring replacement. "Galvanized requiring replacement" 
8.20 	means a galvanized service line that is or was at any time connected to a lead service line 
8.21 	or lead status unknown service line, or is currently or was previously affixed to a lead 
8.22 	connector. The majority of galvanized service lines fall under this category.

8.23 	Sec. 9. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision to 
8.24 	read:
8.25 		Subd. 3b.Galvanized service line. "Galvanized service line" means a service line made 
8.26 	of iron or piping that has been dipped in zinc to prevent corrosion and rusting.

8.27 	Sec. 10. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision 
8.28 	to read:
8.29 		Subd. 3c.Lead connector. "Lead connector" means a connector made of lead.

9.1 	Sec. 11. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision 
9.2 	to read:
9.3 		Subd. 3d.Lead service line. "Lead service line" means a portion of pipe that is made 
9.4 	of lead, which connects the water main to the building inlet. A lead service line may be 
9.5 	owned by the water system, by the property owner, or both.

9.6 	Sec. 12. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision 
9.7 	to read:
9.8 		Subd. 3e.Lead status unknown service line or unknown service line. "Lead status 
9.9 	unknown service line" or "unknown service line" means a service line that has not been 
9.10 	demonstrated to meet or does not meet the Safe Drinking Water Act, section 1417, definition 
9.11 	of lead free.

9.12 	Sec. 13. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision 
9.13 	to read:
9.14 		Subd. 3f.Nonlead service line. "Nonlead service line" means a service line determined 
9.15 	through an evidence-based record, method, or technique not to be a lead service line or 
9.16 	galvanized service line requiring replacement. Most nonlead service lines will be copper 
9.17 	or plastic.

9.18 	Sec. 14. Minnesota Statutes 2022, section 144.382, is amended by adding a subdivision 
9.19 	to read:
9.20 		Subd. 4a.Service line. "Service line" means a portion of pipe that connects the water 
9.21 	main to the building inlet. A service line may be owned by the water system, by the property 
9.22 	owner, or both. A service line may be made of many materials, such as lead, copper, 
9.23 	galvanized steel, or plastic.

9.24 	Sec. 15. [144.3853] CLASSIFICATION OF SERVICE LINES.
9.25 		Subdivision 1.Classification of lead status of service line. (a) A water system may 
9.26 	classify the actual material of a service line, such as copper or plastic, as an alternative to 
9.27 	classifying the service line as a nonlead service line, for the purpose of the lead service line 
9.28 	inventory.
9.29 	(b) It is not necessary to physically verify the material composition, such as copper or 
9.30 	plastic, of a service line for its lead status to be identified. For example, if records demonstrate 
10.1 	the service line was installed after a municipal, state, or federal ban on the installation of 
10.2 	lead service lines, the service line may be classified as a nonlead service line.
10.3 		Subd. 2.Lead connector. For the purposes of the lead service line inventory and lead 
10.4 	service line replacement plan, if a service line has a lead connector, the service line shall 
10.5 	be classified as a lead service line or a galvanized service line requiring replacement.
10.6 		Subd. 3.Galvanized service line. A galvanized service line may only be classified as 
10.7 	a nonlead service line if there is documentation verifying it was never connected to a lead 
10.8 	service line or lead connector. Rarely will a galvanized service line be considered a nonlead 
10.9 	service line.

10.10 	Sec. 16. Minnesota Statutes 2022, section 144.55, subdivision 3, is amended to read:
10.11 		Subd. 3.Standards for licensure. (a) Notwithstanding the provisions of section 144.56, 
10.12 	for the purpose of hospital licensure, the commissioner of health shall use as minimum 
10.13 	standards the hospital certification regulations promulgated pursuant to title XVIII of the 
10.14 	Social Security Act, United States Code, title 42, section 1395, et seq. The commissioner 
10.15 	may use as minimum standards changes in the federal hospital certification regulations 
10.16 	promulgated after May 7, 1981, if the commissioner finds that such changes are reasonably 
10.17 	necessary to protect public health and safety. The commissioner shall also promulgate in 
10.18 	rules additional minimum standards for new construction.
10.19 	(b) Hospitals must meet the applicable provisions of the 2022 edition of the Facility 
10.20 	Guidelines Institute Guidelines for Design and Construction of Hospitals. This minimum 
10.21 	design standard must be met for all new licenses, new construction, change of use, or change 
10.22 	of occupancy for which plan review packages are received on or after January 1, 2024. For 
10.23 	the purposes of this subdivision, "Facility Guidelines Institute Guidelines for Design and 
10.24 	Construction of Hospitals" does not include any appendices to the guidelines.
10.25 	(c) The commissioner shall review each new edition of the guidelines to determine if 
10.26 	they will be updated. If the commissioner decides to update the edition of the guidelines 
10.27 	specified in paragraph (b) for purposes of this subdivision, the commissioner must notify 
10.28 	the chairs and ranking minority members of the legislative committees with jurisdiction 
10.29 	over health care and public safety of the planned update by January 15 of the year in which 
10.30 	the new edition will become effective. Following notice from the commissioner, the new 
10.31 	edition shall become effective for hospitals beginning August 1 of that year, unless otherwise 
10.32 	provided in law. The commissioner shall, by publication in the State Register, specify a 
10.33 	date by which hospitals must comply with the updated edition. The date by which hospitals 
10.34 	must comply shall not be sooner than 12 months after publication of the commissioner's 
11.1 	notice in the State Register and applies only to plan review submissions received on or after 
11.2 	that date.
11.3 	(d) Hospitals shall be in compliance with all applicable state and local governing laws, 
11.4 	regulations, standards, ordinances, and codes for fire safety, building, and zoning 
11.5 	requirements. The commissioner shall develop guidance to outline how the commissioner 
11.6 	will resolve conflicts between the guidelines and other applicable state and local governing 
11.7 	laws, regulations, standards, ordinances, and codes for fire safety, building, and zoning. 
11.8 	Guidance must be made publicly available at the time a new edition of the guidelines 
11.9 	becomes effective and shall be periodically updated.
11.10 	(b) (e) Each hospital and outpatient surgical center shall establish policies and procedures 
11.11 	to prevent the transmission of human immunodeficiency virus and hepatitis B virus to 
11.12 	patients and within the health care setting. The policies and procedures shall be developed 
11.13 	in conformance with the most recent recommendations issued by the United States 
11.14 	Department of Health and Human Services, Public Health Service, Centers for Disease 
11.15 	Control. The commissioner of health shall evaluate a hospital's compliance with the policies 
11.16 	and procedures according to subdivision 4.
11.17 	(c) (f) An outpatient surgical center must establish and maintain a comprehensive 
11.18 	tuberculosis infection control program according to the most current tuberculosis infection 
11.19 	control guidelines issued by the United States Centers for Disease Control and Prevention 
11.20 	(CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality 
11.21 	Weekly Report (MMWR). This program must include a tuberculosis infection control plan 
11.22 	that covers all paid and unpaid employees, contractors, students, and volunteers. The 
11.23 	Department of Health shall provide technical assistance regarding implementation of the 
11.24 	guidelines.
11.25 	(d) (g) Written compliance with this subdivision must be maintained by the outpatient 
11.26 	surgical center.

11.27 	EFFECTIVE DATE. This section is effective January 1, 2024.

11.28 	Sec. 17. Minnesota Statutes 2022, section 144.6535, subdivision 1, is amended to read:
11.29 		Subdivision 1.Request for variance or waiver. A hospital may request that the 
11.30 	commissioner grant a variance or waiver from the provisions of Minnesota Rules, chapter 
11.31 	4640 or 4645 section 144.55, subdivision 3, paragraph (b). A request for a variance or waiver 
11.32 	must be submitted to the commissioner in writing. Each request must contain:
11.33 	(1) the specific rule or rules requirement for which the variance or waiver is requested;
12.1 	(2) the reasons for the request;
12.2 	(3) the alternative measures that will be taken if a variance or waiver is granted;
12.3 	(4) the length of time for which the variance or waiver is requested; and
12.4 	(5) other relevant information deemed necessary by the commissioner to properly evaluate 
12.5 	the request for the variance or waiver.

12.6 	EFFECTIVE DATE. This section is effective January 1, 2024.

12.7 	Sec. 18. Minnesota Statutes 2022, section 144.6535, subdivision 2, is amended to read:
12.8 		Subd. 2.Criteria for evaluation. The decision to grant or deny a variance or waiver 
12.9 	must be based on the commissioner's evaluation of the following criteria:
12.10 	(1) whether the variance or waiver will adversely affect the health, treatment, comfort, 
12.11 	safety, or well-being of a patient;
12.12 	(2) whether the alternative measures to be taken, if any, are equivalent to or superior to 
12.13 	those prescribed in Minnesota Rules, chapter 4640 or 4645 section 144.55, subdivision 3, 
12.14 	paragraph (b); and
12.15 	(3) whether compliance with the rule or rules requirements would impose an undue 
12.16 	burden upon the applicant.

12.17 	EFFECTIVE DATE. This section is effective January 1, 2024.

12.18 	Sec. 19. Minnesota Statutes 2022, section 144.6535, subdivision 4, is amended to read:
12.19 		Subd. 4.Effect of alternative measures or conditions. (a) Alternative measures or 
12.20 	conditions attached to a variance or waiver have the same force and effect as the rules
12.21 	requirement under Minnesota Rules, chapter 4640 or 4645 section 144.55, subdivision 3, 
12.22 	paragraph (b), and are subject to the issuance of correction orders and penalty assessments 
12.23 	in accordance with section 144.55.
12.24 	(b) Fines for a violation of this section shall be in the same amount as that specified for 
12.25 	the particular rule requirement for which the variance or waiver was requested.

12.26 	EFFECTIVE DATE. This section is effective January 1, 2024.

12.27 	Sec. 20. Minnesota Statutes 2022, section 144.9501, subdivision 17, is amended to read:
12.28 		Subd. 17.Lead hazard reduction. (a) "Lead hazard reduction" means abatement, swab 
12.29 	team services, or interim controls undertaken to make a residence, child care facility, school, 
13.1 	playground, or other location where lead hazards are identified lead-safe by complying with 
13.2 	the lead standards and methods adopted under section 144.9508.
13.3 	(b) Lead hazard reduction does not include renovation activity that is primarily intended 
13.4 	to remodel, repair, or restore a given structure or dwelling rather than abate or control 
13.5 	lead-based paint hazards.
13.6 	(c) Lead hazard reduction does not include activities that disturb painted surfaces that 
13.7 	total:
13.8 	(1) less than 20 square feet (two square meters) on exterior surfaces; or
13.9 	(2) less than two square feet (0.2 square meters) in an interior room.

13.10 	Sec. 21. Minnesota Statutes 2022, section 144.9501, subdivision 26a, is amended to read:
13.11 		Subd. 26a.Regulated lead work. (a) "Regulated lead work" means:
13.12 	(1) abatement;
13.13 	(2) interim controls;
13.14 	(3) a clearance inspection;
13.15 	(4) a lead hazard screen;
13.16 	(5) a lead inspection;
13.17 	(6) a lead risk assessment;
13.18 	(7) lead project designer services;
13.19 	(8) lead sampling technician services;
13.20 	(9) swab team services;
13.21 	(10) renovation activities; or
13.22 	(11) lead hazard reduction; or
13.23 	(11) (12) activities performed to comply with lead orders issued by a community health 
13.24 	board an assessing agency.
13.25 	(b) Regulated lead work does not include abatement, interim controls, swab team services, 
13.26 	or renovation activities that disturb painted surfaces that total no more than:
13.27 	(1) 20 square feet (two square meters) on exterior surfaces; or
13.28 	(2) six square feet (0.6 square meters) in an interior room.

14.1 	Sec. 22. Minnesota Statutes 2022, section 144.9501, subdivision 26b, is amended to read:
14.2 		Subd. 26b.Renovation. (a) "Renovation" means the modification of any pre-1978 
14.3 	affected property for compensation that results in the disturbance of known or presumed 
14.4 	lead-containing painted surfaces defined under section 144.9508, unless that activity is 
14.5 	performed as lead hazard reduction. A renovation performed for the purpose of converting 
14.6 	a building or part of a building into an affected property is a renovation under this 
14.7 	subdivision.
14.8 	(b) Renovation does not include minor repair and maintenance activities described in 
14.9 	this paragraph. All activities that disturb painted surfaces and are performed within 30 days 
14.10 	of other activities that disturb painted surfaces in the same room must be considered a single 
14.11 	project when applying the criteria below. Unless the activity involves window replacement 
14.12 	or demolition of a painted surface, building component, or portion of a structure, for purposes 
14.13 	of this paragraph, "minor repair and maintenance" means activities that disturb painted 
14.14 	surfaces totaling:
14.15 	(1) less than 20 square feet (two square meters) on exterior surfaces; or
14.16 	(2) less than six square feet (0.6 square meters) in an interior room.
14.17 	(c) Renovation does not include total demolition of a freestanding structure. For purposes 
14.18 	of this paragraph, "total demolition" means demolition and disposal of all interior and 
14.19 	exterior painted surfaces, including windows. Unpainted foundation building components 
14.20 	remaining after total demolition may be reused.

14.21 	Sec. 23. Minnesota Statutes 2022, section 144.9501, is amended by adding a subdivision 
14.22 	to read:
14.23 		Subd. 33.Compensation. "Compensation" means money or other mutually agreed upon 
14.24 	form of payment given or received for regulated lead work, including rental payments, 
14.25 	rental income, or salaries derived from rent payments.

14.26 	Sec. 24. Minnesota Statutes 2022, section 144.9501, is amended by adding a subdivision 
14.27 	to read:
14.28 		Subd. 34.Individual. "Individual" means a natural person.

15.1 	Sec. 25. Minnesota Statutes 2022, section 144.9505, subdivision 1, is amended to read:
15.2 		Subdivision 1.Licensing, certification, and permitting. (a) Fees collected under this 
15.3 	section shall be deposited into the state treasury and credited to the state government special 
15.4 	revenue fund.
15.5 	(b) Persons shall not advertise or otherwise present themselves as lead supervisors, lead 
15.6 	workers, lead inspectors, lead risk assessors, lead sampling technicians, lead project designers, 
15.7 	renovation firms, or lead firms unless they have licenses or certificates issued by the 
15.8 	commissioner under this section.
15.9 	(c) The fees required in this section for inspectors, risk assessors, and certified lead firms 
15.10 	are waived for state or local government employees performing services for or as an assessing 
15.11 	agency.
15.12 	(d) An individual who is the owner of property on which regulated lead work is to be 
15.13 	performed or an adult individual who is related to the property owner, as defined under 
15.14 	section 245A.02, subdivision 13, is exempt from the requirements to obtain a license and 
15.15 	pay a fee according to this section. Individual residential property owners or an adult 
15.16 	individual who is related to the property owner who performs regulated lead work on the 
15.17 	residence are exempt from the licensure and firm certification requirements of this section. 
15.18 	Notwithstanding the provisions of paragraphs (a) to (c), this exemption does not apply when 
15.19 	the regulated lead work is a renovation performed for compensation, when a child with an 
15.20 	elevated blood level has been identified in the residence or the building in which the residence 
15.21 	is located, or when the residence is occupied by one or more individuals who are not related 
15.22 	to the property owner, as defined under section 245A.02, subdivision 13.
15.23 	(e) A person that employs individuals to perform regulated lead work outside of the 
15.24 	person's property must obtain certification as a certified lead firm. An individual who 
15.25 	performs lead hazard reduction, lead hazard screens, lead inspections, lead risk assessments, 
15.26 	clearance inspections, lead project designer services, lead sampling technician services, 
15.27 	swab team services, and activities performed to comply with lead orders must be employed 
15.28 	by a certified lead firm, unless the individual is a sole proprietor and does not employ any 
15.29 	other individuals, the individual is employed by a person that does not perform regulated 
15.30 	lead work outside of the person's property, or the individual is employed by an assessing 
15.31 	agency.

16.1 	Sec. 26. Minnesota Statutes 2022, section 144.9505, subdivision 1g, is amended to read:
16.2 		Subd. 1g.Certified lead firm. A person who performs or employs individuals to perform 
16.3 	regulated lead work, with the exception of renovation, outside of the person's property must 
16.4 	obtain certification as a lead firm. The certificate must be in writing, contain an expiration 
16.5 	date, be signed by the commissioner, and give the name and address of the person to whom 
16.6 	it is issued. A lead firm certificate is valid for one year. The certification fee is $100, is 
16.7 	nonrefundable, and must be submitted with each application. The lead firm certificate or a 
16.8 	copy of the certificate must be readily available at the worksite for review by the contracting 
16.9 	entity, the commissioner, and other public health officials charged with the health, safety, 
16.10 	and welfare of the state's citizens.

16.11 	Sec. 27. Minnesota Statutes 2022, section 144.9505, subdivision 1h, is amended to read:
16.12 		Subd. 1h.Certified renovation firm. A person who performs or employs individuals 
16.13 	to perform renovation activities outside of the person's property for compensation must 
16.14 	obtain certification as a renovation firm. The certificate must be in writing, contain an 
16.15 	expiration date, be signed by the commissioner, and give the name and address of the person 
16.16 	to whom it is issued. A renovation firm certificate is valid for two years. The certification 
16.17 	fee is $100, is nonrefundable, and must be submitted with each application. The renovation 
16.18 	firm certificate or a copy of the certificate must be readily available at the worksite for 
16.19 	review by the contracting entity, the commissioner, and other public health officials charged 
16.20 	with the health, safety, and welfare of the state's citizens.

16.21 	Sec. 28. Minnesota Statutes 2022, section 144.9508, subdivision 2, is amended to read:
16.22 		Subd. 2.Regulated lead work standards and methods. (a) The commissioner shall 
16.23 	adopt rules establishing regulated lead work standards and methods in accordance with the 
16.24 	provisions of this section, for lead in paint, dust, drinking water, and soil in a manner that 
16.25 	protects public health and the environment for all residences, including residences also used 
16.26 	for a commercial purpose, child care facilities, playgrounds, and schools.
16.27 	(b) In the rules required by this section, the commissioner shall require lead hazard 
16.28 	reduction of intact paint only if the commissioner finds that the intact paint is on a chewable 
16.29 	or lead-dust producing surface that is a known source of actual lead exposure to a specific 
16.30 	individual. The commissioner shall prohibit methods that disperse lead dust into the air that 
16.31 	could accumulate to a level that would exceed the lead dust standard specified under this 
16.32 	section. The commissioner shall work cooperatively with the commissioner of administration 
16.33 	to determine which lead hazard reduction methods adopted under this section may be used 
17.1 	for lead-safe practices including prohibited practices, preparation, disposal, and cleanup. 
17.2 	The commissioner shall work cooperatively with the commissioner of the Pollution Control 
17.3 	Agency to develop disposal procedures. In adopting rules under this section, the 
17.4 	commissioner shall require the best available technology for regulated lead work methods, 
17.5 	paint stabilization, and repainting.
17.6 	(c) The commissioner of health shall adopt regulated lead work standards and methods 
17.7 	for lead in bare soil in a manner to protect public health and the environment. The 
17.8 	commissioner shall adopt a maximum standard of 100 parts of lead per million in bare soil. 
17.9 	The commissioner shall set a soil replacement standard not to exceed 25 parts of lead per 
17.10 	million. Soil lead hazard reduction methods shall focus on erosion control and covering of 
17.11 	bare soil.
17.12 	(d) The commissioner shall adopt regulated lead work standards and methods for lead 
17.13 	in dust in a manner to protect the public health and environment. Dust standards shall use 
17.14 	a weight of lead per area measure and include dust on the floor, on the window sills, and 
17.15 	on window wells. Lead hazard reduction methods for dust shall focus on dust removal and 
17.16 	other practices which minimize the formation of lead dust from paint, soil, or other sources.
17.17 	(e) The commissioner shall adopt lead hazard reduction standards and methods for lead 
17.18 	in drinking water both at the tap and public water supply system or private well in a manner 
17.19 	to protect the public health and the environment. The commissioner may adopt the rules 
17.20 	for controlling lead in drinking water as contained in Code of Federal Regulations, title 40, 
17.21 	part 141. Drinking water lead hazard reduction methods may include an educational approach 
17.22 	of minimizing lead exposure from lead in drinking water.
17.23 	(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that 
17.24 	removal of exterior lead-based coatings from residences and steel structures by abrasive 
17.25 	blasting methods is conducted in a manner that protects health and the environment.
17.26 	(g) All regulated lead work standards shall provide reasonable margins of safety that 
17.27 	are consistent with more than a summary review of scientific evidence and an emphasis on 
17.28 	overprotection rather than underprotection when the scientific evidence is ambiguous.
17.29 	(h) No unit of local government shall have an ordinance or regulation governing regulated 
17.30 	lead work standards or methods for lead in paint, dust, drinking water, or soil that require 
17.31 	a different regulated lead work standard or method than the standards or methods established 
17.32 	under this section.
18.1 	(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit of 
18.2 	local government of an innovative lead hazard reduction method which is consistent in 
18.3 	approach with methods established under this section.
18.4 	(j) The commissioner shall adopt rules for issuing lead orders required under section 
18.5 	144.9504, rules for notification of abatement or interim control activities requirements, and 
18.6 	other rules necessary to implement sections 144.9501 to 144.9512.
18.7 	(k) The commissioner shall adopt rules consistent with section 402(c)(3) of the Toxic 
18.8 	Substances Control Act and all regulations adopted thereunder to ensure that renovation in 
18.9 	a pre-1978 affected property where a child or pregnant female resides is conducted in a 
18.10 	manner that protects health and the environment. Notwithstanding sections 14.125 and 
18.11 	14.128, the authority to adopt these rules does not expire.
18.12 	(l) The commissioner shall adopt rules consistent with sections 406(a) and 406(b) of the 
18.13 	Toxic Substances Control Act. Notwithstanding sections 14.125 and 14.128, the authority 
18.14 	to adopt these rules does not expire.

18.15 	Sec. 29. Minnesota Statutes 2022, section 148.512, subdivision 10a, is amended to read:
18.16 		Subd. 10a.Hearing aid. "Hearing aid" means an instrument a prescribed aid, or any of 
18.17 	its parts, worn in the ear canal and designed to or represented as being able to aid or enhance
18.18 	human hearing. "Hearing aid" includes the aid's parts, attachments, or accessories, including, 
18.19 	but not limited to, ear molds and behind the ear (BTE) devices with or without an ear mold. 
18.20 	Batteries and cords are not parts, attachments, or accessories of a hearing aid. Surgically 
18.21 	implanted hearing aids, and assistive listening devices not worn within the ear canal, are 
18.22 	not hearing aids.

18.23 	Sec. 30. Minnesota Statutes 2022, section 148.512, subdivision 10b, is amended to read:
18.24 		Subd. 10b.Hearing aid dispensing. "Hearing aid dispensing" means making ear mold 
18.25 	impressions, prescribing, or recommending a hearing aid, assisting the consumer in 
18.26 	prescription aid selection, selling hearing aids at retail, or testing human hearing in connection 
18.27 	with these activities regardless of whether the person conducting these activities has a 
18.28 	monetary interest in the dispensing of prescription hearing aids to the consumer. Hearing 
18.29 	aid dispensing does not include selling over-the-counter hearing aids.

19.1 	Sec. 31. Minnesota Statutes 2022, section 148.512, is amended by adding a subdivision 
19.2 	to read:
19.3 		Subd. 10c.Over-the-counter hearing aid or OTC hearing aid. "Over-the-counter 
19.4 	hearing aid" or "OTC hearing aid" has the meaning given to that term in Code of Federal 
19.5 	Regulations, title 21, section 800.30(b).

19.6 	Sec. 32. Minnesota Statutes 2022, section 148.512, is amended by adding a subdivision 
19.7 	to read:
19.8 		Subd. 13a.Prescription hearing aid. "Prescription hearing aid" means a hearing aid 
19.9 	requiring a prescription from a certified hearing aid dispenser or licensed audiologist that 
19.10 	is not an OTC hearing aid.

19.11 	Sec. 33. Minnesota Statutes 2022, section 148.513, is amended by adding a subdivision 
19.12 	to read:
19.13 		Subd. 4.Over-the-counter hearing aids. Nothing in sections 148.511 to 148.5198 shall 
19.14 	preclude licensed audiologists from dispensing or selling over-the-counter hearing aids.

19.15 	Sec. 34. Minnesota Statutes 2022, section 148.515, subdivision 6, is amended to read:
19.16 		Subd. 6.Dispensing audiologist examination requirements. (a) Audiologists are 
19.17 	exempt from the written examination requirement in section 153A.14, subdivision 2h, 
19.18 	paragraph (a), clause (1).
19.19 	(b) After July 31, 2005, all applicants for audiologist licensure under sections 148.512
19.20 	to 148.5198 must achieve a passing score on the practical tests of proficiency described in 
19.21 	section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described 
19.22 	in section 153A.14, subdivision 2h, paragraph (c).
19.23 	(c) In order to dispense prescription hearing aids as a sole proprietor, member of a 
19.24 	partnership, or for a limited liability company, corporation, or any other entity organized 
19.25 	for profit, a licensee who obtained audiologist licensure under sections 148.512 to 148.5198, 
19.26 	before August 1, 2005, and who is not certified to dispense prescription hearing aids under 
19.27 	chapter 153A, must achieve a passing score on the practical tests of proficiency described 
19.28 	in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described 
19.29 	in section 153A.14, subdivision 2h, paragraph (c). All other audiologist licensees who 
19.30 	obtained licensure before August 1, 2005, are exempt from the practical tests.
20.1 	(d) An applicant for an audiology license who obtains a temporary license under section 
20.2 	148.5175 may dispense prescription hearing aids only under supervision of a licensed 
20.3 	audiologist who dispenses prescription hearing aids.

20.4 	Sec. 35. Minnesota Statutes 2022, section 148.5175, is amended to read:
20.5 	148.5175 TEMPORARY LICENSURE.
20.6 	(a) The commissioner shall issue temporary licensure as a speech-language pathologist, 
20.7 	an audiologist, or both, to an applicant who:
20.8 	(1) submits a signed and dated affidavit stating that the applicant is not the subject of a 
20.9 	disciplinary action or past disciplinary action in this or another jurisdiction and is not 
20.10 	disqualified on the basis of section 148.5195, subdivision 3; and
20.11 	(2) either:
20.12 	(i) provides a copy of a current credential as a speech-language pathologist, an audiologist, 
20.13 	or both, held in the District of Columbia or a state or territory of the United States; or
20.14 	(ii) provides a copy of a current certificate of clinical competence issued by the American 
20.15 	Speech-Language-Hearing Association or board certification in audiology by the American 
20.16 	Board of Audiology.
20.17 	(b) A temporary license issued to a person under this subdivision expires 90 days after 
20.18 	it is issued or on the date the commissioner grants or denies licensure, whichever occurs 
20.19 	first.
20.20 	(c) Upon application, a temporary license shall be renewed twice to a person who is able 
20.21 	to demonstrate good cause for failure to meet the requirements for licensure within the 
20.22 	initial temporary licensure period and who is not the subject of a disciplinary action or 
20.23 	disqualified on the basis of section 148.5195, subdivision 3. Good cause includes but is not 
20.24 	limited to inability to take and complete the required practical exam for dispensing 
20.25 	prescription hearing instruments aids.
20.26 	(d) Upon application, a temporary license shall be issued to a person who meets the 
20.27 	requirements of section 148.515, subdivisions 2a and 4, but has not completed the 
20.28 	requirement in section 148.515, subdivision 6.

20.29 	Sec. 36. Minnesota Statutes 2022, section 148.5195, subdivision 3, is amended to read:
20.30 		Subd. 3.Grounds for disciplinary action by commissioner. The commissioner may 
20.31 	take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:
21.1 	(1) intentionally submitted false or misleading information to the commissioner or the 
21.2 	advisory council;
21.3 	(2) failed, within 30 days, to provide information in response to a written request by the 
21.4 	commissioner or advisory council;
21.5 	(3) performed services of a speech-language pathologist or audiologist in an incompetent 
21.6 	or negligent manner;
21.7 	(4) violated sections 148.511 to 148.5198;
21.8 	(5) failed to perform services with reasonable judgment, skill, or safety due to the use 
21.9 	of alcohol or drugs, or other physical or mental impairment;
21.10 	(6) violated any state or federal law, rule, or regulation, and the violation is a felony or 
21.11 	misdemeanor, an essential element of which is dishonesty, or which relates directly or 
21.12 	indirectly to the practice of speech-language pathology or audiology. Conviction for violating 
21.13 	any state or federal law which relates to speech-language pathology or audiology is 
21.14 	necessarily considered to constitute a violation, except as provided in chapter 364;
21.15 	(7) aided or abetted another person in violating any provision of sections 148.511 to 
21.16 	148.5198;
21.17 	(8) been or is being disciplined by another jurisdiction, if any of the grounds for the 
21.18 	discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;
21.19 	(9) not cooperated with the commissioner or advisory council in an investigation 
21.20 	conducted according to subdivision 1;
21.21 	(10) advertised in a manner that is false or misleading;
21.22 	(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated 
21.23 	a willful or careless disregard for the health, welfare, or safety of a client;
21.24 	(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion 
21.25 	of a fee to any other professional other than a fee for services rendered by the other 
21.26 	professional to the client;
21.27 	(13) engaged in abusive or fraudulent billing practices, including violations of federal 
21.28 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
21.29 	assistance laws;
21.30 	(14) obtained money, property, or services from a consumer through the use of undue 
21.31 	influence, high pressure sales tactics, harassment, duress, deception, or fraud;
22.1 	(15) performed services for a client who had no possibility of benefiting from the services;
22.2 	(16) failed to refer a client for medical evaluation or to other health care professionals 
22.3 	when appropriate or when a client indicated symptoms associated with diseases that could 
22.4 	be medically or surgically treated;
22.5 	(17) had the certification required by chapter 153A denied, suspended, or revoked 
22.6 	according to chapter 153A;
22.7 	(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or 
22.8 	SLPD without having obtained the degree from an institution accredited by the North Central 
22.9 	Association of Colleges and Secondary Schools, the Council on Academic Accreditation 
22.10 	in Audiology and Speech-Language Pathology, the United States Department of Education, 
22.11 	or an equivalent;
22.12 	(19) failed to comply with the requirements of section 148.5192 regarding supervision 
22.13 	of speech-language pathology assistants; or
22.14 	(20) if the individual is an audiologist or certified prescription hearing instrument aid
22.15 	dispenser:
22.16 	(i) prescribed or otherwise recommended to a consumer or potential consumer the use 
22.17 	of a prescription hearing instrument aid, unless the prescription from a physician or 
22.18 	recommendation from, an audiologist, or a certified dispenser is in writing, is based on an 
22.19 	audiogram that is delivered to the consumer or potential consumer when the prescription 
22.20 	or recommendation is made, and bears the following information in all capital letters of 
22.21 	12-point or larger boldface type: "THIS PRESCRIPTION OR RECOMMENDATION
22.22 	MAY BE FILLED BY, AND PRESCRIPTION HEARING INSTRUMENTS AIDS MAY 
22.23 	BE PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER 
22.24 	OF YOUR CHOICE";
22.25 	(ii) failed to give a copy of the audiogram, upon which the prescription or 
22.26 	recommendation is based, to the consumer when the consumer requests a copy;
22.27 	(iii) failed to provide the consumer rights brochure required by section 148.5197, 
22.28 	subdivision 3;
22.29 	(iv) failed to comply with restrictions on sales of prescription hearing instruments aids
22.30 	in sections 148.5197, subdivision 3, and 148.5198;
22.31 	(v) failed to return a consumer's prescription hearing instrument aid used as a trade-in 
22.32 	or for a discount in the price of a new prescription hearing instrument aid when requested 
22.33 	by the consumer upon cancellation of the purchase agreement;
23.1 	(vi) failed to follow Food and Drug Administration or Federal Trade Commission 
23.2 	regulations relating to dispensing prescription hearing instruments aids;
23.3 	(vii) failed to dispense a prescription hearing instrument aid in a competent manner or 
23.4 	without appropriate training;
23.5 	(viii) delegated prescription hearing instrument aid dispensing authority to a person not 
23.6 	authorized to dispense a prescription hearing instrument aid under this chapter or chapter 
23.7 	153A;
23.8 	(ix) failed to comply with the requirements of an employer or supervisor of a prescription 
23.9 	hearing instrument aid dispenser trainee;
23.10 	(x) violated a state or federal court order or judgment, including a conciliation court 
23.11 	judgment, relating to the activities of the individual's prescription hearing instrument aid
23.12 	dispensing; or
23.13 	(xi) failed to include on the audiogram the practitioner's printed name, credential type, 
23.14 	credential number, signature, and date.

23.15 	Sec. 37. Minnesota Statutes 2022, section 148.5196, subdivision 1, is amended to read:
23.16 		Subdivision 1.Membership. The commissioner shall appoint 12 persons to a 
23.17 	Speech-Language Pathologist and Audiologist Advisory Council. The 12 persons must 
23.18 	include:
23.19 	(1) three public members, as defined in section 214.02. Two of the public members shall 
23.20 	be either persons receiving services of a speech-language pathologist or audiologist, or 
23.21 	family members of or caregivers to such persons, and at least one of the public members 
23.22 	shall be either a hearing instrument aid user or an advocate of one;
23.23 	(2) three speech-language pathologists licensed under sections 148.511 to 148.5198, 
23.24 	one of whom is currently and has been, for the five years immediately preceding the 
23.25 	appointment, engaged in the practice of speech-language pathology in Minnesota and each 
23.26 	of whom is employed in a different employment setting including, but not limited to, private 
23.27 	practice, hospitals, rehabilitation settings, educational settings, and government agencies;
23.28 	(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who 
23.29 	is currently and has been, for the five years immediately preceding the appointment, 
23.30 	employed by a Minnesota public school district or a Minnesota public school district 
23.31 	consortium that is authorized by Minnesota Statutes and who is licensed in speech-language 
23.32 	pathology by the Professional Educator Licensing and Standards Board;
24.1 	(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are 
24.2 	currently and have been, for the five years immediately preceding the appointment, engaged 
24.3 	in the practice of audiology and the dispensing of prescription hearing instruments aids in 
24.4 	Minnesota and each of whom is employed in a different employment setting including, but 
24.5 	not limited to, private practice, hospitals, rehabilitation settings, educational settings, industry, 
24.6 	and government agencies;
24.7 	(5) one nonaudiologist prescription hearing instrument aid dispenser recommended by 
24.8 	a professional association representing prescription hearing instrument aid dispensers; and
24.9 	(6) one physician licensed under chapter 147 and certified by the American Board of 
24.10 	Otolaryngology, Head and Neck Surgery.

24.11 	Sec. 38. Minnesota Statutes 2022, section 148.5197, is amended to read:
24.12 	148.5197 HEARING AID DISPENSING.
24.13 		Subdivision 1.Content of contracts. Oral statements made by an audiologist or certified 
24.14 	dispenser regarding the provision of warranties, refunds, and service on the prescription 
24.15 	hearing aid or aids dispensed must be written on, and become part of, the contract of sale, 
24.16 	specify the item or items covered, and indicate the person or business entity obligated to 
24.17 	provide the warranty, refund, or service.
24.18 		Subd. 2.Required use of license number. The audiologist's license number or certified 
24.19 	dispenser's certificate number must appear on all contracts, bills of sale, and receipts used 
24.20 	in the sale of prescription hearing aids.
24.21 		Subd. 3.Consumer rights information. An audiologist or certified dispenser shall, at 
24.22 	the time of the recommendation or prescription, give a consumer rights brochure, prepared 
24.23 	by the commissioner and containing information about legal requirements pertaining to 
24.24 	dispensing of prescription hearing aids, to each potential consumer of a prescription hearing 
24.25 	aid. The brochure must contain information about the consumer information center described 
24.26 	in section 153A.18. A contract for a prescription hearing aid must note the receipt of the 
24.27 	brochure by the consumer, along with the consumer's signature or initials.
24.28 		Subd. 4.Liability for contracts. Owners of entities in the business of dispensing 
24.29 	prescription hearing aids, employers of audiologists or persons who dispense prescription 
24.30 	hearing aids, supervisors of trainees or audiology students, and hearing aid dispensers 
24.31 	conducting the transaction at issue are liable for satisfying all terms of contracts, written or 
24.32 	oral, made by their agents, employees, assignees, affiliates, or trainees, including terms 
24.33 	relating to products, repairs, warranties, service, and refunds. The commissioner may enforce 
25.1 	the terms of prescription hearing aid contracts against the principal, employer, supervisor, 
25.2 	or dispenser who conducted the transaction and may impose any remedy provided for in 
25.3 	this chapter.

25.4 	Sec. 39. Minnesota Statutes 2022, section 148.5198, is amended to read:
25.5 	148.5198 RESTRICTION ON SALE OF PRESCRIPTION HEARING AIDS.
25.6 		Subdivision 1.45-calendar-day guarantee and buyer right to cancel. (a) An audiologist 
25.7 	or certified dispenser dispensing a prescription hearing aid in this state must comply with 
25.8 	paragraphs (b) and (c).
25.9 	(b) The audiologist or certified dispenser must provide the buyer with a 45-calendar-day 
25.10 	written money-back guarantee. The guarantee must permit the buyer to cancel the purchase 
25.11 	for any reason within 45 calendar days after receiving the prescription hearing aid by giving 
25.12 	or mailing written notice of cancellation to the audiologist or certified dispenser. If the buyer 
25.13 	mails the notice of cancellation, the 45-calendar-day period is counted using the postmark 
25.14 	date, to the date of receipt by the audiologist or certified dispenser. If the prescription hearing 
25.15 	aid must be repaired, remade, or adjusted during the 45-calendar-day money-back guarantee 
25.16 	period, the running of the 45-calendar-day period is suspended one day for each 24-hour 
25.17 	period that the prescription hearing aid is not in the buyer's possession. A repaired, remade, 
25.18 	or adjusted prescription hearing aid must be claimed by the buyer within three business 
25.19 	days after notification of availability, after which time the running of the 45-calendar-day 
25.20 	period resumes. The guarantee must entitle the buyer, upon cancellation, to receive a refund 
25.21 	of payment within 30 days of return of the prescription hearing aid to the audiologist or 
25.22 	certified dispenser. The audiologist or certified dispenser may retain as a cancellation fee 
25.23 	no more than $250 of the buyer's total purchase price of the prescription hearing aid.
25.24 	(c) The audiologist or certified dispenser shall provide the buyer with a contract written 
25.25 	in plain English, that contains uniform language and provisions that meet the requirements 
25.26 	under the Plain Language Contract Act, sections 325G.29 to 325G.36. The contract must 
25.27 	include, but is not limited to, the following: in immediate proximity to the space reserved 
25.28 	for the signature of the buyer, or on the first page if there is no space reserved for the 
25.29 	signature of the buyer, a clear and conspicuous disclosure of the following specific statement 
25.30 	in all capital letters of no less than 12-point boldface type: "MINNESOTA STATE LAW 
25.31 	GIVES THE BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON 
25.32 	AT ANY TIME PRIOR TO MIDNIGHT OF THE 45TH CALENDAR DAY AFTER 
25.33 	RECEIPT OF THE PRESCRIPTION HEARING AID(S). THIS CANCELLATION MUST 
25.34 	BE IN WRITING AND MUST BE GIVEN OR MAILED TO THE AUDIOLOGIST OR 
26.1 	CERTIFIED DISPENSER. IF THE BUYER DECIDES TO RETURN THE PRESCRIPTION 
26.2 	HEARING AID(S) WITHIN THIS 45-CALENDAR-DAY PERIOD, THE BUYER WILL 
26.3 	RECEIVE A REFUND OF THE TOTAL PURCHASE PRICE OF THE AID(S) FROM 
26.4 	WHICH THE AUDIOLOGIST OR CERTIFIED DISPENSER MAY RETAIN AS A 
26.5 	CANCELLATION FEE NO MORE THAN $250."
26.6 		Subd. 2.Itemized repair bill. Any audiologist, certified dispenser, or company who 
26.7 	agrees to repair a prescription hearing aid must provide the owner of the prescription hearing 
26.8 	aid, or the owner's representative, with a bill that describes the repair and services rendered. 
26.9 	The bill must also include the repairing audiologist's, certified dispenser's, or company's 
26.10 	name, address, and telephone number.
26.11 	This subdivision does not apply to an audiologist, certified dispenser, or company that 
26.12 	repairs a prescription hearing aid pursuant to an express warranty covering the entire 
26.13 	prescription hearing aid and the warranty covers the entire cost, both parts and labor, of the 
26.14 	repair.
26.15 		Subd. 3.Repair warranty. Any guarantee of prescription hearing aid repairs must be 
26.16 	in writing and delivered to the owner of the prescription hearing aid, or the owner's 
26.17 	representative, stating the repairing audiologist's, certified dispenser's, or company's name, 
26.18 	address, telephone number, length of guarantee, model, and serial number of the prescription 
26.19 	hearing aid and all other terms and conditions of the guarantee.
26.20 		Subd. 4.Misdemeanor. A person found to have violated this section is guilty of a 
26.21 	misdemeanor.
26.22 		Subd. 5.Additional. In addition to the penalty provided in subdivision 4, a person found 
26.23 	to have violated this section is subject to the penalties and remedies provided in section 
26.24 	325F.69, subdivision 1.
26.25 		Subd. 6.Estimates. Upon the request of the owner of a prescription hearing aid or the 
26.26 	owner's representative for a written estimate and prior to the commencement of repairs, a 
26.27 	repairing audiologist, certified dispenser, or company shall provide the customer with a 
26.28 	written estimate of the price of repairs. If a repairing audiologist, certified dispenser, or 
26.29 	company provides a written estimate of the price of repairs, it must not charge more than 
26.30 	the total price stated in the estimate for the repairs. If the repairing audiologist, certified 
26.31 	dispenser, or company after commencing repairs determines that additional work is necessary 
26.32 	to accomplish repairs that are the subject of a written estimate and if the repairing audiologist, 
26.33 	certified dispenser, or company did not unreasonably fail to disclose the possible need for 
26.34 	the additional work when the estimate was made, the repairing audiologist, certified 
27.1 	dispenser, or company may charge more than the estimate for the repairs if the repairing 
27.2 	audiologist, certified dispenser, or company immediately provides the owner or owner's 
27.3 	representative a revised written estimate pursuant to this section and receives authorization 
27.4 	to continue with the repairs. If continuation of the repairs is not authorized, the repairing 
27.5 	audiologist, certified dispenser, or company shall return the prescription hearing aid as close 
27.6 	as possible to its former condition and shall release the prescription hearing aid to the owner 
27.7 	or owner's representative upon payment of charges for repairs actually performed and not 
27.8 	in excess of the original estimate.

27.9 	Sec. 40. Minnesota Statutes 2022, section 151.37, subdivision 12, is amended to read:
27.10 		Subd. 12.Administration of opiate antagonists for drug overdose. (a) A licensed 
27.11 	physician, a licensed advanced practice registered nurse authorized to prescribe drugs 
27.12 	pursuant to section 148.235, or a licensed physician assistant may authorize the following 
27.13 	individuals to administer opiate antagonists, as defined in section 604A.04, subdivision 1:
27.14 	(1) an emergency medical responder registered pursuant to section 144E.27;
27.15 	(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
27.16 	(3) correctional employees of a state or local political subdivision;
27.17 	(4) staff of community-based health disease prevention or social service programs;
27.18 	(5) a volunteer firefighter; and
27.19 	(6) a licensed school nurse or certified public health nurse any other personnel employed 
27.20 	by, or under contract with, a school board under section 121A.21 charter, public, or private 
27.21 	school.
27.22 	(b) For the purposes of this subdivision, opiate antagonists may be administered by one 
27.23 	of these individuals only if:
27.24 	(1) the licensed physician, licensed physician assistant, or licensed advanced practice 
27.25 	registered nurse has issued a standing order to, or entered into a protocol with, the individual; 
27.26 	and
27.27 	(2) the individual has training in the recognition of signs of opiate overdose and the use 
27.28 	of opiate antagonists as part of the emergency response to opiate overdose.
27.29 	(c) Nothing in this section prohibits the possession and administration of naloxone 
27.30 	pursuant to section 604A.04.
28.1 	(d) Notwithstanding section 148.235, subdivisions 8 and 9, a licensed practical nurse is 
28.2 	authorized to possess and administer according to this subdivision an opiate antagonist in 
28.3 	a school setting.

28.4 	Sec. 41. Minnesota Statutes 2022, section 152.29, subdivision 3a, is amended to read:
28.5 		Subd. 3a.Transportation of medical cannabis; transport staffing. (a) A medical 
28.6 	cannabis manufacturer may staff a transport motor vehicle with only one employee if the 
28.7 	medical cannabis manufacturer is transporting medical cannabis to either a certified 
28.8 	laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical 
28.9 	cannabis manufacturer is transporting medical cannabis for any other purpose or destination, 
28.10 	the transport motor vehicle must be staffed with a minimum of two employees as required 
28.11 	by rules adopted by the commissioner.
28.12 	(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only 
28.13 	transporting hemp for any purpose may staff the transport motor vehicle with only one 
28.14 	employee.
28.15 	(c) A medical cannabis manufacturer may contract with a third party for armored car 
28.16 	services for deliveries of medical cannabis from its production facility to distribution 
28.17 	facilities. A medical cannabis manufacturer that contracts for armored car services remains 
28.18 	responsible for the transportation manifest and inventory tracking requirements in rules 
28.19 	adopted by the commissioner.
28.20 	(d) Department of Health staff may transport medical cannabis for the purposes of 
28.21 	delivering medical cannabis and other samples to a laboratory for testing under rules adopted 
28.22 	by the commissioner and in cases of special investigations when the commissioner has 
28.23 	determined there is a potential threat to public health. The transport motor vehicle must be 
28.24 	staffed with a minimum of two Department of Health employees. The employees must carry 
28.25 	with them their Department of Health identification card and a transport manifest.

28.26 	Sec. 42. Minnesota Statutes 2022, section 153A.13, subdivision 3, is amended to read:
28.27 		Subd. 3.Hearing instrument aid. "Hearing instrument aid" means an instrument, or 
28.28 	any of its parts, worn in the ear canal and designed to or represented as being able to aid or 
28.29 	enhance human hearing. "Hearing instrument" includes the instrument's parts, attachments, 
28.30 	or accessories, including, but not limited to, ear molds and behind the ear (BTE) devices 
28.31 	with or without an ear mold. Batteries and cords are not parts, attachments, or accessories 
28.32 	of a hearing instrument. Surgically implanted hearing instruments, and assistive listening 
29.1 	devices not worn within the ear canal, are not hearing instruments. as defined in section 
29.2 	148.512, subdivision 10a.

29.3 	Sec. 43. Minnesota Statutes 2022, section 153A.13, subdivision 4, is amended to read:
29.4 		Subd. 4.Hearing instrument aid dispensing. "Hearing instrument aid dispensing" 
29.5 	means making ear mold impressions, prescribing, or recommending a hearing instrument, 
29.6 	assisting the consumer in instrument selection, selling hearing instruments at retail, or testing 
29.7 	human hearing in connection with these activities regardless of whether the person conducting 
29.8 	these activities has a monetary interest in the sale of hearing instruments to the consumer.
29.9 	has the meaning given in section 148.512, subdivision 10b.

29.10 	Sec. 44. Minnesota Statutes 2022, section 153A.13, subdivision 5, is amended to read:
29.11 		Subd. 5.Dispenser of hearing instruments aids. "Dispenser of hearing instruments
29.12 	aids" means a natural person who engages in prescription hearing instrument aid dispensing,
29.13 	whether or not certified by the commissioner of health or licensed by an existing 
29.14 	health-related board, except that a person described as follows is not a dispenser of 
29.15 	prescription hearing instruments aids:
29.16 	(1) a student participating in supervised field work that is necessary to meet requirements 
29.17 	of an accredited educational program if the student is designated by a title which clearly 
29.18 	indicates the student's status as a student trainee; or
29.19 	(2) a person who helps a dispenser of prescription hearing instruments aids in an 
29.20 	administrative or clerical manner and does not engage in prescription hearing instrument
29.21 	aid dispensing.
29.22 	A person who offers to dispense a prescription hearing instrument aid, or a person who 
29.23 	advertises, holds out to the public, or otherwise represents that the person is authorized to 
29.24 	dispense prescription hearing instruments aids, must be certified by the commissioner except 
29.25 	when the person is an audiologist as defined in section 148.512.

29.26 	Sec. 45. Minnesota Statutes 2022, section 153A.13, subdivision 6, is amended to read:
29.27 		Subd. 6.Advisory council. "Advisory council" means the Minnesota Hearing Instrument
29.28 	Aid Dispenser Advisory Council, or a committee of it the council, established under section 
29.29 	153A.20.

30.1 	Sec. 46. Minnesota Statutes 2022, section 153A.13, subdivision 7, is amended to read:
30.2 		Subd. 7.ANSI. "ANSI" means ANSI S3.6-1989, American National Standard 
30.3 	Specification for Audiometers from the American National Standards Institute. This 
30.4 	document is available through the Minitex interlibrary loan system as defined in the United 
30.5 	States Food and Drug Administration, Code of Federal Regulations, title 21, section 
30.6 	874.1050.

30.7 	Sec. 47. Minnesota Statutes 2022, section 153A.13, subdivision 9, is amended to read:
30.8 		Subd. 9.Supervision. "Supervision" means monitoring activities of, and accepting 
30.9 	responsibility for, the prescription hearing instrument aid dispensing activities of a trainee.

30.10 	Sec. 48. Minnesota Statutes 2022, section 153A.13, subdivision 10, is amended to read:
30.11 		Subd. 10.Direct supervision or directly supervised. "Direct supervision" or "directly 
30.12 	supervised" means the on-site and contemporaneous location of a supervisor and trainee, 
30.13 	when the supervisor observes the trainee engaging in prescription hearing instrument aid
30.14 	dispensing with a consumer.

30.15 	Sec. 49. Minnesota Statutes 2022, section 153A.13, subdivision 11, is amended to read:
30.16 		Subd. 11.Indirect supervision or indirectly supervised. "Indirect supervision" or 
30.17 	"indirectly supervised" means the remote and independent performance of prescription 
30.18 	hearing instrument aid dispensing by a trainee when authorized under section 153A.14, 
30.19 	subdivision 4a, paragraph (b).

30.20 	Sec. 50. Minnesota Statutes 2022, section 153A.13, is amended by adding a subdivision 
30.21 	to read:
30.22 		Subd. 12.Over-the-counter hearing aid or OTC hearing aid. "Over-the-counter 
30.23 	hearing aid" or "OTC hearing aid" has the meaning given in section 148.512, subdivision 
30.24 	10c.

30.25 	Sec. 51. Minnesota Statutes 2022, section 153A.13, is amended by adding a subdivision 
30.26 	to read:
30.27 		Subd. 13.Prescription hearing aid. "Prescription hearing aid" has the meaning given 
30.28 	in section 148.512, subdivision 13a.

31.1 	Sec. 52. Minnesota Statutes 2022, section 153A.14, subdivision 1, is amended to read:
31.2 		Subdivision 1.Application for certificate. An applicant must:
31.3 	(1) be 21 years of age or older;
31.4 	(2) apply to the commissioner for a certificate to dispense prescription hearing instruments
31.5 	aids on application forms provided by the commissioner;
31.6 	(3) at a minimum, provide the applicant's name, Social Security number, business address 
31.7 	and phone number, employer, and information about the applicant's education, training, 
31.8 	and experience in testing human hearing and fitting prescription hearing instruments aids;
31.9 	(4) include with the application a statement that the statements in the application are 
31.10 	true and correct to the best of the applicant's knowledge and belief;
31.11 	(5) include with the application a written and signed authorization that authorizes the 
31.12 	commissioner to make inquiries to appropriate regulatory agencies in this or any other state 
31.13 	where the applicant has sold prescription hearing instruments aids;
31.14 	(6) submit certification to the commissioner that the applicant's audiometric equipment 
31.15 	has been calibrated to meet current ANSI standards within 12 months of the date of the 
31.16 	application;
31.17 	(7) submit evidence of continuing education credits, if required;
31.18 	(8) submit all fees as required under section 153A.17; and
31.19 	(9) consent to a fingerprint-based criminal history records check required under section 
31.20 	144.0572, pay all required fees, and cooperate with all requests for information. An applicant 
31.21 	must complete a new criminal background check if more than one year has elapsed since 
31.22 	the applicant last applied for a license.

31.23 	Sec. 53. Minnesota Statutes 2022, section 153A.14, subdivision 2, is amended to read:
31.24 		Subd. 2.Issuance of certificate. (a) The commissioner shall issue a certificate to each 
31.25 	dispenser of prescription hearing instruments aids who applies under subdivision 1 if the 
31.26 	commissioner determines that the applicant is in compliance with this chapter, has passed 
31.27 	an examination administered by the commissioner, has met the continuing education 
31.28 	requirements, if required, and has paid the fee set by the commissioner. The commissioner 
31.29 	may reject or deny an application for a certificate if there is evidence of a violation or failure 
31.30 	to comply with this chapter.
32.1 	(b) The commissioner shall not issue a certificate to an applicant who refuses to consent 
32.2 	to a criminal history background check as required by section 144.0572 within 90 days after 
32.3 	submission of an application or fails to submit fingerprints to the Department of Human 
32.4 	Services. Any fees paid by the applicant to the Department of Health shall be forfeited if 
32.5 	the applicant refuses to consent to the background study.

32.6 	Sec. 54. Minnesota Statutes 2022, section 153A.14, subdivision 2h, is amended to read:
32.7 		Subd. 2h.Certification by examination. An applicant must achieve a passing score, 
32.8 	as determined by the commissioner, on an examination according to paragraphs (a) to (c).
32.9 	(a) The examination must include, but is not limited to:
32.10 	(1) A written examination approved by the commissioner covering the following areas 
32.11 	as they pertain to prescription hearing instrument aid selling:
32.12 	(i) basic physics of sound;
32.13 	(ii) the anatomy and physiology of the ear;
32.14 	(iii) the function of prescription hearing instruments aids; and
32.15 	(iv) the principles of prescription hearing instrument aid selection.
32.16 	(2) Practical tests of proficiency in the following techniques as they pertain to prescription 
32.17 	hearing instrument aid selling:
32.18 	(i) pure tone audiometry, including air conduction testing and bone conduction testing;
32.19 	(ii) live voice or recorded voice speech audiometry including speech recognition 
32.20 	(discrimination) testing, most comfortable loudness level, and uncomfortable loudness 
32.21 	measurements of tolerance thresholds;
32.22 	(iii) masking when indicated;
32.23 	(iv) recording and evaluation of audiograms and speech audiometry to determine proper 
32.24 	selection and fitting of a prescription hearing instrument aid;
32.25 	(v) taking ear mold impressions;
32.26 	(vi) using an otoscope for the visual observation of the entire ear canal; and
32.27 	(vii) state and federal laws, rules, and regulations.
32.28 	(b) The practical examination shall be administered by the commissioner at least twice 
32.29 	a year.
33.1 	(c) An applicant must achieve a passing score on all portions of the examination within 
33.2 	a two-year period. An applicant who does not achieve a passing score on all portions of the 
33.3 	examination within a two-year period must retake the entire examination and achieve a 
33.4 	passing score on each portion of the examination. An applicant who does not apply for 
33.5 	certification within one year of successful completion of the examination must retake the 
33.6 	examination and achieve a passing score on each portion of the examination. An applicant 
33.7 	may not take any part of the practical examination more than three times in a two-year 
33.8 	period.

33.9 	Sec. 55. Minnesota Statutes 2022, section 153A.14, subdivision 2i, is amended to read:
33.10 		Subd. 2i.Continuing education requirement. On forms provided by the commissioner, 
33.11 	each certified dispenser must submit with the application for renewal of certification evidence 
33.12 	of completion of ten course hours of continuing education earned within the 12-month 
33.13 	period of November 1 to October 31, between the effective and expiration dates of 
33.14 	certification. Continuing education courses must be directly related to prescription hearing 
33.15 	instrument aid dispensing and approved by the International Hearing Society, the American 
33.16 	Speech-Language-Hearing Association, or the American Academy of Audiology. Evidence 
33.17 	of completion of the ten course hours of continuing education must be submitted by 
33.18 	December 1 of each year. This requirement does not apply to dispensers certified for less 
33.19 	than one year.

33.20 	Sec. 56. Minnesota Statutes 2022, section 153A.14, subdivision 2j, is amended to read:
33.21 		Subd. 2j.Required use of certification number. The certification holder must use the 
33.22 	certification number on all contracts, bills of sale, and receipts used in the sale of prescription 
33.23 	hearing instruments aids.

33.24 	Sec. 57. Minnesota Statutes 2022, section 153A.14, subdivision 4, is amended to read:
33.25 		Subd. 4.Dispensing of prescription hearing instruments aids without 
33.26 	certificate. Except as provided in subdivisions 4a and 4c, and in sections 148.512 to 
33.27 	148.5198, it is unlawful for any person not holding a valid certificate to dispense a 
33.28 	prescription hearing instrument aid as defined in section 153A.13, subdivision 3. A person 
33.29 	who dispenses a prescription hearing instrument aid without the certificate required by this 
33.30 	section is guilty of a gross misdemeanor.

34.1 	Sec. 58. Minnesota Statutes 2022, section 153A.14, subdivision 4a, is amended to read:
34.2 		Subd. 4a.Trainees. (a) A person who is not certified under this section may dispense 
34.3 	prescription hearing instruments aids as a trainee for a period not to exceed 12 months if 
34.4 	the person:
34.5 	(1) submits an application on forms provided by the commissioner;
34.6 	(2) is under the supervision of a certified dispenser meeting the requirements of this 
34.7 	subdivision;
34.8 	(3) meets all requirements for certification except passage of the examination required 
34.9 	by this section; and
34.10 	(4) uses the title "dispenser trainee" in contacts with the patients, clients, or consumers.
34.11 	(b) A certified prescription hearing instrument aid dispenser may not supervise more 
34.12 	than two trainees at the same time and may not directly supervise more than one trainee at 
34.13 	a time. The certified dispenser is responsible for all actions or omissions of a trainee in 
34.14 	connection with the dispensing of prescription hearing instruments aids. A certified dispenser 
34.15 	may not supervise a trainee if there are any commissioner, court, or other orders, currently 
34.16 	in effect or issued within the last five years, that were issued with respect to an action or 
34.17 	omission of a certified dispenser or a trainee under the certified dispenser's supervision.
34.18 	Until taking and passing the practical examination testing the techniques described in 
34.19 	subdivision 2h, paragraph (a), clause (2), trainees must be directly supervised in all areas 
34.20 	described in subdivision 4b, and the activities tested by the practical examination. Thereafter, 
34.21 	trainees may dispense prescription hearing instruments aids under indirect supervision until 
34.22 	expiration of the trainee period. Under indirect supervision, the trainee must complete two 
34.23 	monitored activities a week. Monitored activities may be executed by correspondence, 
34.24 	telephone, or other telephonic devices, and include, but are not limited to, evaluation of 
34.25 	audiograms, written reports, and contracts. The time spent in supervision must be recorded 
34.26 	and the record retained by the supervisor.

34.27 	Sec. 59. Minnesota Statutes 2022, section 153A.14, subdivision 4b, is amended to read:
34.28 		Subd. 4b.Prescription hearing testing protocol. A dispenser when conducting a hearing 
34.29 	test for the purpose of prescription hearing instrument aid dispensing must:
34.30 	(1) comply with the United States Food and Drug Administration warning regarding 
34.31 	potential medical conditions required by Code of Federal Regulations, title 21, section 
34.32 	801.420 801.422;
35.1 	(2) complete a case history of the client's hearing;
35.2 	(3) inspect the client's ears with an otoscope; and
35.3 	(4) conduct the following tests on both ears of the client and document the results, and 
35.4 	if for any reason one of the following tests cannot be performed pursuant to the United 
35.5 	States Food and Drug Administration guidelines, an audiologist shall evaluate the hearing 
35.6 	and the need for a prescription hearing instrument aid:
35.7 	(i) air conduction at 250, 500, 1,000, 2,000, 4,000, and 8,000 Hertz. When a difference 
35.8 	of 20 dB or more occurs between adjacent octave frequencies the interoctave frequency 
35.9 	must be tested;
35.10 	(ii) bone conduction at 500, 1,000, 2,000, and 4,000 Hertz for any frequency where the 
35.11 	air conduction threshold is greater than 15 dB HL;
35.12 	(iii) monaural word recognition (discrimination), with a minimum of 25 words presented 
35.13 	for each ear; and
35.14 	(iv) loudness discomfort level, monaural, for setting a prescription hearing instrument's
35.15 	aid's maximum power output; and
35.16 	(5) include masking in all tests whenever necessary to ensure accurate results.

35.17 	Sec. 60. Minnesota Statutes 2022, section 153A.14, subdivision 4c, is amended to read:
35.18 		Subd. 4c.Reciprocity. (a) A person who has dispensed prescription hearing instruments
35.19 	aids in another jurisdiction may dispense prescription hearing instruments aids as a trainee 
35.20 	under indirect supervision if the person:
35.21 	(1) satisfies the provisions of subdivision 4a, paragraph (a);
35.22 	(2) submits a signed and dated affidavit stating that the applicant is not the subject of a 
35.23 	disciplinary action or past disciplinary action in this or another jurisdiction and is not 
35.24 	disqualified on the basis of section 153A.15, subdivision 1; and
35.25 	(3) provides a copy of a current credential as a prescription hearing instrument aid
35.26 	dispenser held in the District of Columbia or a state or territory of the United States.
35.27 	(b) A person becoming a trainee under this subdivision who fails to take and pass the 
35.28 	practical examination described in subdivision 2h, paragraph (a), clause (2), when next 
35.29 	offered must cease dispensing prescription hearing instruments aids unless under direct 
35.30 	supervision.

36.1 	Sec. 61. Minnesota Statutes 2022, section 153A.14, subdivision 4e, is amended to read:
36.2 		Subd. 4e.Prescription hearing aids; enforcement. Costs incurred by the Minnesota 
36.3 	Department of Health for conducting investigations of unlicensed prescription hearing aid 
36.4 	dispensers dispensing shall be apportioned between all licensed or credentialed professions 
36.5 	that dispense prescription hearing aids.

36.6 	Sec. 62. Minnesota Statutes 2022, section 153A.14, subdivision 6, is amended to read:
36.7 		Subd. 6.Prescription hearing instruments aids to comply with federal and state 
36.8 	requirements. The commissioner shall ensure that prescription hearing instruments aids
36.9 	are dispensed in compliance with state requirements and the requirements of the United 
36.10 	States Food and Drug Administration. Failure to comply with state or federal regulations 
36.11 	may be grounds for enforcement actions under section 153A.15, subdivision 2.

36.12 	Sec. 63. Minnesota Statutes 2022, section 153A.14, subdivision 9, is amended to read:
36.13 		Subd. 9.Consumer rights. A prescription hearing instrument aid dispenser shall comply 
36.14 	with the requirements of sections 148.5195, subdivision 3, clause (20); 148.5197; and 
36.15 	148.5198.

36.16 	Sec. 64. Minnesota Statutes 2022, section 153A.14, subdivision 11, is amended to read:
36.17 		Subd. 11.Requirement to maintain current information. A dispenser must notify the 
36.18 	commissioner in writing within 30 days of the occurrence of any of the following:
36.19 	(1) a change of name, address, home or business telephone number, or business name;
36.20 	(2) the occurrence of conduct prohibited by section 153A.15;
36.21 	(3) a settlement, conciliation court judgment, or award based on negligence, intentional 
36.22 	acts, or contractual violations committed in the dispensing of prescription hearing instruments
36.23 	aids by the dispenser; and
36.24 	(4) the cessation of prescription hearing instrument aid dispensing activities as an 
36.25 	individual or a business.

36.26 	Sec. 65. Minnesota Statutes 2022, section 153A.14, is amended by adding a subdivision 
36.27 	to read:
36.28 		Subd. 12.Over-the-counter hearing aids. Nothing in this chapter shall preclude certified 
36.29 	hearing aid dispensers from dispensing or selling over-the-counter hearing aids.

37.1 	Sec. 66. Minnesota Statutes 2022, section 153A.15, subdivision 1, is amended to read:
37.2 		Subdivision 1.Prohibited acts. The commissioner may take enforcement action as 
37.3 	provided under subdivision 2 against a dispenser of prescription hearing instruments aids
37.4 	for the following acts and conduct:
37.5 	(1) dispensing a prescription hearing instrument aid to a minor person 18 years or younger 
37.6 	unless evaluated by an audiologist for hearing evaluation and prescription hearing aid 
37.7 	evaluation;
37.8 	(2) being disciplined through a revocation, suspension, restriction, or limitation by 
37.9 	another state for conduct subject to action under this chapter;
37.10 	(3) presenting advertising that is false or misleading;
37.11 	(4) providing the commissioner with false or misleading statements of credentials, 
37.12 	training, or experience;
37.13 	(5) engaging in conduct likely to deceive, defraud, or harm the public; or demonstrating 
37.14 	a willful or careless disregard for the health, welfare, or safety of a consumer;
37.15 	(6) splitting fees or promising to pay a portion of a fee to any other professional other 
37.16 	than a fee for services rendered by the other professional to the client;
37.17 	(7) engaging in abusive or fraudulent billing practices, including violations of federal 
37.18 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
37.19 	assistance laws;
37.20 	(8) obtaining money, property, or services from a consumer through the use of undue 
37.21 	influence, high pressure sales tactics, harassment, duress, deception, or fraud;
37.22 	(9) performing the services of a certified hearing instrument aid dispenser in an 
37.23 	incompetent or negligent manner;
37.24 	(10) failing to comply with the requirements of this chapter as an employer, supervisor, 
37.25 	or trainee;
37.26 	(11) failing to provide information in a timely manner in response to a request by the 
37.27 	commissioner, commissioner's designee, or the advisory council;
37.28 	(12) being convicted within the past five years of violating any laws of the United States, 
37.29 	or any state or territory of the United States, and the violation is a felony, gross misdemeanor, 
37.30 	or misdemeanor, an essential element of which relates to prescription hearing instrument
37.31 	aid dispensing, except as provided in chapter 364;
38.1 	(13) failing to cooperate with the commissioner, the commissioner's designee, or the 
38.2 	advisory council in any investigation;
38.3 	(14) failing to perform prescription hearing instrument aid dispensing with reasonable 
38.4 	judgment, skill, or safety due to the use of alcohol or drugs, or other physical or mental 
38.5 	impairment;
38.6 	(15) failing to fully disclose actions taken against the applicant or the applicant's legal 
38.7 	authorization to dispense prescription hearing instruments aids in this or another state;
38.8 	(16) violating a state or federal court order or judgment, including a conciliation court 
38.9 	judgment, relating to the activities of the applicant in prescription hearing instrument aid
38.10 	dispensing;
38.11 	(17) having been or being disciplined by the commissioner of the Department of Health, 
38.12 	or other authority, in this or another jurisdiction, if any of the grounds for the discipline are 
38.13 	the same or substantially equivalent to those in sections 153A.13 to 153A.18;
38.14 	(18) misrepresenting the purpose of hearing tests, or in any way communicating that the 
38.15 	hearing test or hearing test protocol required by section 153A.14, subdivision 4b, is a medical 
38.16 	evaluation, a diagnostic hearing evaluation conducted by an audiologist, or is other than a 
38.17 	test to select a prescription hearing instrument aid, except that the prescription hearing 
38.18 	instrument aid dispenser can determine the need for or recommend the consumer obtain a 
38.19 	medical evaluation consistent with requirements of the United States Food and Drug 
38.20 	Administration;
38.21 	(19) violating any of the provisions of sections 148.5195, subdivision 3, clause (20); 
38.22 	148.5197; 148.5198; and 153A.13 to 153A.18; and
38.23 	(20) aiding or abetting another person in violating any of the provisions of sections 
38.24 	148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and 153A.13 to 153A.18.

38.25 	Sec. 67. Minnesota Statutes 2022, section 153A.15, subdivision 2, is amended to read:
38.26 		Subd. 2.Enforcement actions. When the commissioner finds that a dispenser of 
38.27 	prescription hearing instruments aids has violated one or more provisions of this chapter, 
38.28 	the commissioner may do one or more of the following:
38.29 	(1) deny or reject the application for a certificate;
38.30 	(2) revoke the certificate;
38.31 	(3) suspend the certificate;
39.1 	(4) impose, for each violation, a civil penalty that deprives the dispenser of any economic 
39.2 	advantage gained by the violation and that reimburses the Department of Health for costs 
39.3 	of the investigation and proceeding resulting in disciplinary action, including the amount 
39.4 	paid for services of the Office of Administrative Hearings, the amount paid for services of 
39.5 	the Office of the Attorney General, attorney fees, court reporters, witnesses, reproduction 
39.6 	of records, advisory council members' per diem compensation, department staff time, and 
39.7 	expenses incurred by advisory council members and department staff;
39.8 	(5) censure or reprimand the dispenser;
39.9 	(6) revoke or suspend the right to supervise trainees;
39.10 	(7) revoke or suspend the right to be a trainee;
39.11 	(8) impose a civil penalty not to exceed $10,000 for each separate violation; or
39.12 	(9) any other action reasonably justified by the individual case.

39.13 	Sec. 68. Minnesota Statutes 2022, section 153A.15, subdivision 4, is amended to read:
39.14 		Subd. 4.Penalties. Except as provided in section 153A.14, subdivision 4, a person 
39.15 	violating this chapter is guilty of a misdemeanor. The commissioner may impose an automatic 
39.16 	civil penalty equal to one-fourth the renewal fee on each prescription hearing instrument 
39.17 	seller aid dispenser who fails to renew the certificate required in section 153A.14 by the 
39.18 	renewal deadline.

39.19 	Sec. 69. Minnesota Statutes 2022, section 153A.17, is amended to read:
39.20 	153A.17 EXPENSES; FEES.
39.21 	(a) The expenses for administering the certification requirements, including the complaint 
39.22 	handling system for prescription hearing aid dispensers in sections 153A.14 and 153A.15, 
39.23 	and the Consumer Information Center under section 153A.18, must be paid from initial 
39.24 	application and examination fees, renewal fees, penalties, and fines. The commissioner shall 
39.25 	only use fees collected under this section for the purposes of administering this chapter. 
39.26 	The legislature must not transfer money generated by these fees from the state government 
39.27 	special revenue fund to the general fund. Surcharges collected by the commissioner of health 
39.28 	under section 16E.22 are not subject to this paragraph.
39.29 	(b) The fees are as follows:
39.30 	(1) the initial certification application fee is $772.50;
39.31 	(2) the annual renewal certification application fee is $750;
40.1 	(3) the initial examination fee for the practical portion is $1,200, and $600 for each time 
40.2 	it is taken, thereafter; for individuals meeting the requirements of section 148.515, subdivision 
40.3 	2, the fee for the practical portion of the prescription hearing instrument aid dispensing 
40.4 	examination is $600 each time it is taken;
40.5 	(4) the trainee application fee is $230;
40.6 	(5) the penalty fee for late submission of a renewal application is $260; and
40.7 	(6) the fee for verification of certification to other jurisdictions or entities is $25.
40.8 	(c) The commissioner may prorate the certification fee for new applicants based on the 
40.9 	number of quarters remaining in the annual certification period.
40.10 	(d) All fees are nonrefundable. All fees, penalties, and fines received must be deposited 
40.11 	in the state government special revenue fund.
40.12 	(e) Hearing instrument dispensers who were certified before January 1, 2018, shall pay 
40.13 	a onetime surcharge of $22.50 to renew their certification when it expires after October 31, 
40.14 	2020. The surcharge shall cover the commissioner's costs associated with criminal 
40.15 	background checks.

40.16 	Sec. 70. Minnesota Statutes 2022, section 153A.175, is amended to read:
40.17 	153A.175 PENALTY FEES.
40.18 	(a) The penalty fee for holding oneself out as a hearing instrument aid dispenser without 
40.19 	a current certificate after the credential has expired and before it is renewed is one-half the 
40.20 	amount of the certificate renewal fee for any part of the first day, plus one-half the certificate 
40.21 	renewal fee for any part of any subsequent days up to 30 days.
40.22 	(b) The penalty fee for applicants who hold themselves out as hearing instrument aid
40.23 	dispensers after expiration of the trainee period and before being issued a certificate is 
40.24 	one-half the amount of the certificate application fee for any part of the first day, plus 
40.25 	one-half the certificate application fee for any part of any subsequent days up to 30 days. 
40.26 	This paragraph does not apply to applicants not qualifying for a certificate who hold 
40.27 	themselves out as hearing instrument aid dispensers.
40.28 	(c) The penalty fee for practicing prescription hearing instrument aid dispensing and 
40.29 	failing to submit a continuing education report by the due date with the correct number or 
40.30 	type of hours in the correct time period is $200 plus $200 for each missing clock hour. 
40.31 	"Missing" means not obtained between the effective and expiration dates of the certificate, 
40.32 	the one-month period following the certificate expiration date, or the 30 days following 
41.1 	notice of a penalty fee for failing to report all continuing education hours. The certificate 
41.2 	holder must obtain the missing number of continuing education hours by the next reporting 
41.3 	due date.
41.4 	(d) Civil penalties and discipline incurred by certificate holders prior to August 1, 2005, 
41.5 	for conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty 
41.6 	fees. Payment of a penalty fee does not preclude any disciplinary action reasonably justified 
41.7 	by the individual case.

41.8 	Sec. 71. Minnesota Statutes 2022, section 153A.18, is amended to read:
41.9 	153A.18 CONSUMER INFORMATION CENTER.
41.10 	The commissioner shall establish a Consumer Information Center to assist actual and 
41.11 	potential purchasers of prescription hearing aids by providing them with information 
41.12 	regarding prescription hearing instrument aid sales. The Consumer Information Center shall 
41.13 	disseminate information about consumers' legal rights related to prescription hearing 
41.14 	instrument aid sales, provide information relating to complaints about dispensers of 
41.15 	prescription hearing instruments aids, and provide information about outreach and advocacy 
41.16 	services for consumers of prescription hearing instruments aids. In establishing the center 
41.17 	and developing the information, the commissioner shall consult with representatives of 
41.18 	prescription hearing instrument aid dispensers, audiologists, physicians, and consumers.

41.19 	Sec. 72. Minnesota Statutes 2022, section 153A.20, is amended to read:
41.20 	153A.20 HEARING INSTRUMENT AID DISPENSER ADVISORY COUNCIL.
41.21 		Subdivision 1.Membership. (a) The commissioner shall appoint seven persons to a 
41.22 	Hearing Instrument Aid Dispenser Advisory Council.
41.23 	(b) The seven persons must include:
41.24 	(1) three public members, as defined in section 214.02. At least one of the public members 
41.25 	shall be a prescription hearing instrument aid user and one of the public members shall be 
41.26 	either a prescription hearing instrument aid user or an advocate of one;
41.27 	(2) three hearing instrument aid dispensers certified under sections 153A.14 to 153A.20, 
41.28 	each of whom is currently, and has been for the five years immediately preceding their 
41.29 	appointment, engaged in prescription hearing instrument aid dispensing in Minnesota and 
41.30 	who represent the occupation of prescription hearing instrument aid dispensing and who 
41.31 	are not audiologists; and
42.1 	(3) one audiologist licensed as an audiologist under chapter 148 who dispenses 
42.2 	prescription hearing instruments aids, recommended by a professional association 
42.3 	representing audiologists and speech-language pathologists.
42.4 	(c) The factors the commissioner may consider when appointing advisory council 
42.5 	members include, but are not limited to, professional affiliation, geographical location, and 
42.6 	type of practice.
42.7 	(d) No two members of the advisory council shall be employees of, or have binding 
42.8 	contracts requiring sales exclusively for, the same prescription hearing instrument aid
42.9 	manufacturer or the same employer.
42.10 		Subd. 2.Organization. The advisory council shall be organized and administered 
42.11 	according to section 15.059. The council may form committees to carry out its duties.
42.12 		Subd. 3.Duties. At the commissioner's request, the advisory council shall:
42.13 	(1) advise the commissioner regarding hearing instrument aid dispenser certification 
42.14 	standards;
42.15 	(2) provide for distribution of information regarding hearing instrument aid dispenser 
42.16 	certification standards;
42.17 	(3) review investigation summaries of competency violations and make recommendations 
42.18 	to the commissioner as to whether the allegations of incompetency are substantiated; and
42.19 	(4) perform other duties as directed by the commissioner.

42.20 	Sec. 73. Minnesota Statutes 2022, section 245.4661, subdivision 9, is amended to read:
42.21 		Subd. 9.Services and programs. (a) The following three distinct grant programs are 
42.22 	funded under this section:
42.23 	(1) mental health crisis services;
42.24 	(2) housing with supports for adults with serious mental illness; and
42.25 	(3) projects for assistance in transitioning from homelessness (PATH program).
42.26 	(b) In addition, the following are eligible for grant funds:
42.27 	(1) community education and prevention;
42.28 	(2) client outreach;
42.29 	(3) early identification and intervention;
42.30 	(4) adult outpatient diagnostic assessment and psychological testing;
43.1 	(5) peer support services;
43.2 	(6) community support program services (CSP);
43.3 	(7) adult residential crisis stabilization;
43.4 	(8) supported employment;
43.5 	(9) assertive community treatment (ACT);
43.6 	(10) housing subsidies;
43.7 	(11) basic living, social skills, and community intervention;
43.8 	(12) emergency response services;
43.9 	(13) adult outpatient psychotherapy;
43.10 	(14) adult outpatient medication management;
43.11 	(15) adult mobile crisis services;
43.12 	(16) adult day treatment;
43.13 	(17) partial hospitalization;
43.14 	(18) adult residential treatment;
43.15 	(19) adult mental health targeted case management; and
43.16 	(20) intensive community rehabilitative services (ICRS); and
43.17 	(21) (20) transportation.

43.18 	Sec. 74. Minnesota Statutes 2022, section 245.469, subdivision 3, is amended to read:
43.19 		Subd. 3.Mental health crisis services. The commissioner of human services shall 
43.20 	increase access to mental health crisis services for children and adults. In order to increase 
43.21 	access, the commissioner must:
43.22 	(1) develop a central phone number where calls can be routed to the appropriate crisis 
43.23 	services;
43.24 	(2) provide telephone consultation 24 hours a day to mobile crisis teams who are serving 
43.25 	people with traumatic brain injury or intellectual disabilities who are experiencing a mental 
43.26 	health crisis;
43.27 	(3) expand crisis services across the state, including rural areas of the state and examining 
43.28 	access per population;
44.1 	(4) establish and implement state standards and requirements for crisis services as outlined 
44.2 	in section 256B.0624; and
44.3 	(5) provide grants to adult mental health initiatives, counties, tribes, or community mental 
44.4 	health providers to establish new mental health crisis residential service capacity.
44.5 	Priority will be given to regions that do not have a mental health crisis residential services 
44.6 	program, do not have an inpatient psychiatric unit within the region, do not have an inpatient 
44.7 	psychiatric unit within 90 miles, or have a demonstrated need based on the number of crisis 
44.8 	residential or intensive residential treatment beds available to meet the needs of the residents 
44.9 	in the region. At least 50 percent of the funds must be distributed to programs in rural 
44.10 	Minnesota. Grant funds may be used for start-up costs, including but not limited to 
44.11 	renovations, furnishings, and staff training. Grant applications shall provide details on how 
44.12 	the intended service will address identified needs and shall demonstrate collaboration with 
44.13 	crisis teams, other mental health providers, hospitals, and police.

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

44.15 	Sec. 75. [245.4903] CULTURAL AND ETHNIC MINORITY INFRASTRUCTURE 
44.16 	GRANT PROGRAM.
44.17 		Subdivision 1.Establishment. The commissioner of human services must establish a 
44.18 	cultural and ethnic minority infrastructure grant program to ensure that mental health and 
44.19 	substance use disorder treatment supports and services are culturally specific and culturally 
44.20 	responsive to meet the cultural needs of communities served.
44.21 		Subd. 2.Eligible applicants. An eligible applicant is a licensed entity or provider from 
44.22 	a cultural or ethnic minority population who:
44.23 	(1) provides mental health or substance use disorder treatment services and supports to 
44.24 	individuals from cultural and ethnic minority populations, including individuals who are 
44.25 	lesbian, gay, bisexual, transgender, or queer, and from cultural and ethnic minority 
44.26 	populations;
44.27 	(2) provides, or is qualified and has the capacity to provide, clinical supervision and 
44.28 	support to members of culturally diverse and ethnic minority communities so they may 
44.29 	become qualified mental health and substance use disorder treatment providers; or
44.30 	(3) has the capacity and experience to provide training for mental health and substance 
44.31 	use disorder treatment providers on cultural competency and cultural humility.
45.1 		Subd. 3.Allowable grant activities. (a) Grantees must engage in activities and provide 
45.2 	supportive services to ensure and increase equitable access to culturally specific and 
45.3 	responsive care and build organizational and professional capacity for licensure and 
45.4 	certification for the communities served. Allowable grant activities include but are not 
45.5 	limited to:
45.6 	(1) providing workforce development activities focused on recruiting, supporting, 
45.7 	training, and supervising mental health and substance use disorder practitioners and 
45.8 	professionals from diverse racial, cultural, and ethnic communities;
45.9 	(2) helping members of culturally diverse and ethnic minority communities become 
45.10 	qualified mental health and substance use disorder professionals, practitioners, clinical 
45.11 	supervisors, recovery peer specialists, mental health certified peer specialists, and mental 
45.12 	health certified family peer specialists;
45.13 	(3) providing culturally specific outreach, early intervention, trauma-informed services, 
45.14 	and recovery support in mental health and substance use disorder services;
45.15 	(4) providing trauma-informed and culturally responsive mental health and substance 
45.16 	use disorder supports and services to children and families, youth, or adults who are from 
45.17 	cultural and ethnic minority backgrounds and are uninsured or underinsured;
45.18 	(5) expanding mental health and substance use disorder services, particularly in greater 
45.19 	Minnesota;
45.20 	(6) training for mental health and substance use disorder treatment providers on cultural 
45.21 	competency and cultural humility; and
45.22 	(7) providing activities that increase the availability of culturally responsive mental 
45.23 	health and substance use disorder services for children and families, youth, or adults, or 
45.24 	that increase the availability of substance use disorder services for individuals from cultural 
45.25 	and ethnic minorities in the state.
45.26 	(b) The commissioner must assist grantees with meeting third-party credentialing 
45.27 	requirements, and grantees must obtain all available third-party reimbursement sources as 
45.28 	a condition of receiving grant funds. Grantees must serve individuals from cultural and 
45.29 	ethnic minority communities regardless of health coverage status or ability to pay.
45.30 		Subd. 4.Data collection and outcomes. (a) Grantees must provide monthly data 
45.31 	summaries to the commissioner for the purposes of evaluating the effectiveness of the grant 
45.32 	program. The commissioner must evaluate program activities by analyzing whether the 
45.33 	program:
46.1 	(1) increased access to culturally specific services for individuals from cultural and 
46.2 	ethnic minority communities across the state;
46.3 	(2) increased the number of individuals from cultural and ethnic minority communities 
46.4 	served by grantees;
46.5 	(3) increased cultural responsiveness and cultural competency of mental health and 
46.6 	substance use disorder treatment providers;
46.7 	(4) increased the number of mental health and substance use disorder treatment providers 
46.8 	and clinical supervisors from cultural and ethnic minority communities;
46.9 	(5) increased the number of mental health and substance use disorder treatment 
46.10 	organizations owned, managed, or led by individuals who are Black, Indigenous, or People 
46.11 	of Color;
46.12 	(6) reduced health disparities through improved clinical and functional outcomes for 
46.13 	those accessing services; and
46.14 	(7) led to an overall increase in culturally specific mental health and substance use 
46.15 	disorder service availability.
46.16 	(b) The commissioner must submit the results of the evaluation to the chairs and ranking 
46.17 	minority members of the legislative committees with jurisdiction over mental health.

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

46.19 	Sec. 76. [245.4906] MENTAL HEALTH CERTIFIED PEER SPECIALIST GRANT 
46.20 	PROGRAM.
46.21 		Subdivision 1.Establishment. The commissioner of human services must establish a 
46.22 	mental health certified peer specialist grant program to provide funding for the training of 
46.23 	mental health certified peer specialists who provide services to support individuals with 
46.24 	lived experience of mental illness under section 256B.0615.
46.25 		Subd. 2.Eligible applicants. An eligible applicant is a licensed entity or provider who 
46.26 	employs a mental health certified peer specialist qualified under section 245I.04, subdivision 
46.27 	10, and who provides services to individuals receiving assertive community treatment or 
46.28 	intensive residential treatment services under section 256B.0622, adult rehabilitative mental 
46.29 	health services under section 256B.0623, or crisis response services under section 256B.0624.
46.30 		Subd. 3.Allowable grant activities. Grantees must use grant funding to provide training 
46.31 	for mental health certified peer specialists as specified in section 256B.0615, subdivision 
46.32 	5.
47.1 		Subd. 4.Outcomes. (a) Grantees must provide an annual report to the commissioner 
47.2 	for the purposes of evaluating the effectiveness of the grant program. The report must 
47.3 	include:
47.4 	(1) the number of mental health certified peer specialists who received training using 
47.5 	the grant funds under this section; and
47.6 	(2) the extent to which individuals receiving peer services experienced progress on 
47.7 	achieving treatment goals and experienced a reduction in hospital admissions.
47.8 	(b) The commissioner must submit the results of the evaluation to the chairs and ranking 
47.9 	minority members of the legislative committees with jurisdiction over mental health.

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

47.11 	Sec. 77. [245.4907] MENTAL HEALTH CERTIFIED FAMILY PEER SPECIALIST 
47.12 	GRANT PROGRAM.
47.13 		Subdivision 1.Establishment. The commissioner of human services must establish a 
47.14 	mental health certified peer family specialist grant program to provide funding for training 
47.15 	for mental health certified peer family specialists who provide services to support individuals 
47.16 	with lived experience of mental illness under section 256B.0616.
47.17 		Subd. 2.Eligible applicants. An eligible applicant is a licensed entity or provider who 
47.18 	employs a mental health certified peer family specialist qualified under section 245I.04, 
47.19 	subdivision 12, and who provides services to families who have a child:
47.20 	(1) with an emotional disturbance or severe emotional disturbance under chapter 245;
47.21 	(2) receiving inpatient hospitalization under section 256B.0625, subdivision 1;
47.22 	(3) admitted to a residential treatment facility under section 245.4882;
47.23 	(4) receiving children's intensive behavioral health services under section 256B.0946;
47.24 	(5) receiving day treatment or children's therapeutic services and supports under section 
47.25 	256B.0943; or
47.26 	(6) receiving crisis response services under section 256B.0624.
47.27 		Subd. 3.Allowable grant activities. Grantees must use grant funding to provide training 
47.28 	for mental health certified family peer specialists as specified in section 256B.0616, 
47.29 	subdivision 5.
48.1 		Subd. 4.Outcomes. (a) Grantees must provide an annual report to the commissioner 
48.2 	for the purposes of evaluating the effectiveness of the grant program. The report must 
48.3 	include:
48.4 	(1) the number of mental health certified peer specialists who received training using 
48.5 	the grant funds under this section; and
48.6 	(2) the extent to which individuals receiving family peer services experienced progress 
48.7 	on achieving treatment goals and experienced a reduction in hospital admissions.
48.8 	(b) The commissioner must submit the results of the evaluation to the chairs and ranking 
48.9 	minority members of the legislative committees with jurisdiction over mental health.

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

48.11 	Sec. 78. [245.991] PROJECTS FOR ASSISTANCE IN TRANSITION FROM 
48.12 	HOMELESSNESS PROGRAM.
48.13 		Subdivision 1.Establishment. The commissioner of human services must establish 
48.14 	projects for assistance in transition from homelessness program to prevent or end 
48.15 	homelessness for people with serious mental illness or co-occurring substance use disorder 
48.16 	and ensure the commissioner achieves the goals of the housing mission statement in section 
48.17 	245.461, subdivision 4.
48.18 		Subd. 2.Eligible applicants. An applicant for a grant under this section must be a 
48.19 	nonprofit organization, county, or other entity who provides services to help individuals 
48.20 	transition from homelessness.
48.21 		Subd. 3.Allowable grant activities. Grantees must provide homeless outreach and case 
48.22 	management services. Projects may provide clinical assessment, habilitation and rehabilitation 
48.23 	services, community mental health services, substance use disorder treatment, housing 
48.24 	transition and sustaining services, or direct assistance funding. Services must be provided 
48.25 	to individuals with a serious mental illness, or with a co-occurring substance use disorder, 
48.26 	and who are homeless or at imminent risk of homelessness. Individuals receiving homeless 
48.27 	outreach services may be presumed eligible until a serious mental illness can be verified.
48.28 		Subd. 4.Outcomes. (a) Grantees must submit an annual report to the commissioner for 
48.29 	the purposes of evaluating the effectiveness of the grant program. The report must include:
48.30 	(1) the number of individuals to whom the grantee provided homeless outreach services;
48.31 	(2) the number of individuals the grantee enrolled in case management services;
49.1 	(3) the number of individuals that were able to access mental health and substance use 
49.2 	disorder treatment services; and
49.3 	(4) the number of individuals that were able to transition from homelessness to housing.
49.4 	(b) The commissioner must submit the results of the evaluation to the chairs and ranking 
49.5 	minority members of the legislative committees with jurisdiction over mental health and 
49.6 	homelessness.
49.7 		Subd. 5.Federal aid or grants. The commissioner of human services must comply with 
49.8 	all conditions and requirements necessary to receive federal aid or grants with respect to 
49.9 	homeless services or programs as specified in section 245.70.

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

49.11 	Sec. 79. [245.992] HOUSING WITH SUPPORT FOR ADULTS WITH SERIOUS 
49.12 	MENTAL ILLNESS PROGRAM.
49.13 		Subdivision 1.Establishment. The commissioner of human services must establish a 
49.14 	housing with support for adults with serious mental illness program to prevent or end 
49.15 	homelessness for people with serious mental illness, to increase the availability of housing 
49.16 	with support, and to ensure the commissioner may achieve the goals of the housing mission 
49.17 	statement in section 245.461, subdivision 4.
49.18 		Subd. 2.Eligible applicants. Program activities must be provided to people with a 
49.19 	serious mental illness, or with a co-occurring substance use disorder, who meet homeless 
49.20 	criteria determined by the commissioner.
49.21 		Subd. 3.Allowable grant activities. Grantees must provide a range of activities and 
49.22 	supportive services that ensure individuals obtain and retain permanent supportive housing. 
49.23 	Program activities may include case management, site-based housing services, housing 
49.24 	transition and sustaining services, outreach services, community support services, or direct 
49.25 	assistance funding.
49.26 		Subd. 4.Outcomes. (a) Grantees must submit an annual report to the commissioner for 
49.27 	the purposes of evaluating the effectiveness of the grant program. The report must include:
49.28 	(1) whether the grantee's housing and activities utilized evidence-based practices;
49.29 	(2) the number of individuals that were able to transition from homelessness to housing;
49.30 	(3) the number of individuals that were able to retain housing; and
49.31 	(4) whether the individuals were satisfied with their housing.
50.1 	(b) The commissioner must submit the results of the evaluation to the chairs and ranking 
50.2 	minority members of the legislative committees with jurisdiction over mental health and 
50.3 	homelessness.

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

50.5 	Sec. 80. Minnesota Statutes 2022, section 256.478, is amended by adding a subdivision 
50.6 	to read:
50.7 		Subd. 3.Authorized uses of grant funds. Grant funds may be used for but are not 
50.8 	limited to the following:
50.9 	(1) increasing access to home and community-based services for an individual;
50.10 	(2) improving caregiver-child relationships and aiding progress toward treatment goals; 
50.11 	and
50.12 	(3) reducing emergency department visits.

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

50.14 	Sec. 81. Minnesota Statutes 2022, section 256.478, is amended by adding a subdivision 
50.15 	to read:
50.16 		Subd. 4.Outcomes. Program evaluation is based on but not limited to the following 
50.17 	criteria:
50.18 	(1) expediting discharges for individuals who no longer need hospital level of care;
50.19 	(2) individuals obtaining and retaining housing;
50.20 	(3) individuals maintaining community living by diverting admission to Anoka Metro 
50.21 	Regional Treatment Center and Forensic Mental Health Program;
50.22 	(4) reducing recidivism rates of individuals returning to state institutions; and
50.23 	(5) individuals' ability to live in the least restrictive community setting.

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

50.25 	Sec. 82. Minnesota Statutes 2022, section 256B.056, is amended by adding a subdivision 
50.26 	to read:
50.27 		Subd. 5d.Medical assistance room and board rate. "Medical assistance room and 
50.28 	board rate" means an amount equal to 81 percent of the federal poverty guideline for a single 
50.29 	individual living alone in the community less the medical assistance personal needs allowance 
51.1 	under section 256B.35. The amount of the room and board rate, as defined in section 256I.03, 
51.2 	subdivision 2, that exceeds the medical assistance room and board rate is considered a 
51.3 	remedial care cost. A remedial care cost may be used to meet a spenddown obligation under 
51.4 	this section. The medical assistance room and board rate is to be adjusted on January 1 of 
51.5 	each year.

51.6 	Sec. 83. Minnesota Statutes 2022, section 256B.0622, subdivision 8, is amended to read:
51.7 		Subd. 8.Medical assistance payment for assertive community treatment and 
51.8 	intensive residential treatment services. (a) Payment for intensive residential treatment 
51.9 	services and assertive community treatment in this section shall be based on one daily rate 
51.10 	per provider inclusive of the following services received by an eligible client in a given 
51.11 	calendar day: all rehabilitative services under this section, staff travel time to provide 
51.12 	rehabilitative services under this section, and nonresidential crisis stabilization services 
51.13 	under section 256B.0624.
51.14 	(b) Except as indicated in paragraph (c), payment will not be made to more than one 
51.15 	entity for each client for services provided under this section on a given day. If services 
51.16 	under this section are provided by a team that includes staff from more than one entity, the 
51.17 	team must determine how to distribute the payment among the members.
51.18 	(c) The commissioner shall determine one rate for each provider that will bill medical 
51.19 	assistance for residential services under this section and one rate for each assertive community 
51.20 	treatment provider. If a single entity provides both services, one rate is established for the 
51.21 	entity's residential services and another rate for the entity's nonresidential services under 
51.22 	this section. A provider is not eligible for payment under this section without authorization 
51.23 	from the commissioner. The commissioner shall develop rates using the following criteria:
51.24 	(1) the provider's cost for services shall include direct services costs, other program 
51.25 	costs, and other costs determined as follows:
51.26 	(i) the direct services costs must be determined using actual costs of salaries, benefits, 
51.27 	payroll taxes, and training of direct service staff and service-related transportation;
51.28 	(ii) other program costs not included in item (i) must be determined as a specified 
51.29 	percentage of the direct services costs as determined by item (i). The percentage used shall 
51.30 	be determined by the commissioner based upon the average of percentages that represent 
51.31 	the relationship of other program costs to direct services costs among the entities that provide 
51.32 	similar services;
52.1 	(iii) physical plant costs calculated based on the percentage of space within the program 
52.2 	that is entirely devoted to treatment and programming. This does not include administrative 
52.3 	or residential space;
52.4 	(iv) assertive community treatment physical plant costs must be reimbursed as part of 
52.5 	the costs described in item (ii); and
52.6 	(v) subject to federal approval, up to an additional five percent of the total rate may be 
52.7 	added to the program rate as a quality incentive based upon the entity meeting performance 
52.8 	criteria specified by the commissioner;
52.9 	(2) actual cost is defined as costs which are allowable, allocable, and reasonable, and 
52.10 	consistent with federal reimbursement requirements under Code of Federal Regulations, 
52.11 	title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and 
52.12 	Budget Circular Number A-122, relating to nonprofit entities;
52.13 	(3) the number of service units;
52.14 	(4) the degree to which clients will receive services other than services under this section; 
52.15 	and
52.16 	(5) the costs of other services that will be separately reimbursed.
52.17 	(d) The rate for intensive residential treatment services and assertive community treatment 
52.18 	must exclude the medical assistance room and board rate, as defined in section 256I.03, 
52.19 	subdivision 6 256B.056, subdivision 5d, and services not covered under this section, such 
52.20 	as partial hospitalization, home care, and inpatient services.
52.21 	(e) Physician services that are not separately billed may be included in the rate to the 
52.22 	extent that a psychiatrist, or other health care professional providing physician services 
52.23 	within their scope of practice, is a member of the intensive residential treatment services 
52.24 	treatment team. Physician services, whether billed separately or included in the rate, may 
52.25 	be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning 
52.26 	given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth 
52.27 	is used to provide intensive residential treatment services.
52.28 	(f) When services under this section are provided by an assertive community treatment 
52.29 	provider, case management functions must be an integral part of the team.
52.30 	(g) The rate for a provider must not exceed the rate charged by that provider for the 
52.31 	same service to other payors.
53.1 	(h) The rates for existing programs must be established prospectively based upon the 
53.2 	expenditures and utilization over a prior 12-month period using the criteria established in 
53.3 	paragraph (c). The rates for new programs must be established based upon estimated 
53.4 	expenditures and estimated utilization using the criteria established in paragraph (c).
53.5 	(i) Entities who discontinue providing services must be subject to a settle-up process 
53.6 	whereby actual costs and reimbursement for the previous 12 months are compared. In the 
53.7 	event that the entity was paid more than the entity's actual costs plus any applicable 
53.8 	performance-related funding due the provider, the excess payment must be reimbursed to 
53.9 	the department. If a provider's revenue is less than actual allowed costs due to lower 
53.10 	utilization than projected, the commissioner may reimburse the provider to recover its actual 
53.11 	allowable costs. The resulting adjustments by the commissioner must be proportional to the 
53.12 	percent of total units of service reimbursed by the commissioner and must reflect a difference 
53.13 	of greater than five percent.
53.14 	(j) A provider may request of the commissioner a review of any rate-setting decision 
53.15 	made under this subdivision.

53.16 	Sec. 84. Minnesota Statutes 2022, section 256B.0625, subdivision 3a, is amended to read:
53.17 		Subd. 3a.Sex reassignment surgery Gender affirming services. Sex reassignment 
53.18 	surgery is not covered Medical assistance covers gender affirming services.

53.19 	Sec. 85. Minnesota Statutes 2022, section 256B.0946, subdivision 6, is amended to read:
53.20 		Subd. 6.Excluded services. (a) Services in clauses (1) to (7) are not covered under this 
53.21 	section and are not eligible for medical assistance payment as components of children's 
53.22 	intensive behavioral health services, but may be billed separately:
53.23 	(1) inpatient psychiatric hospital treatment;
53.24 	(2) mental health targeted case management;
53.25 	(3) partial hospitalization;
53.26 	(4) medication management;
53.27 	(5) children's mental health day treatment services;
53.28 	(6) crisis response services under section 256B.0624;
53.29 	(7) transportation; and
53.30 	(8) mental health certified family peer specialist services under section 256B.0616.
54.1 	(b) Children receiving intensive behavioral health services are not eligible for medical 
54.2 	assistance reimbursement for the following services while receiving children's intensive 
54.3 	behavioral health services:
54.4 	(1) psychotherapy and skills training components of children's therapeutic services and 
54.5 	supports under section 256B.0943;
54.6 	(2) mental health behavioral aide services as defined in section 256B.0943, subdivision 
54.7 	1, paragraph (l);
54.8 	(3) home and community-based waiver services;
54.9 	(4) mental health residential treatment; and
54.10 	(5) medical assistance room and board costs rate, as defined in section 256I.03, 
54.11 	subdivision 6 256B.056, subdivision 5d.

54.12 	Sec. 86. Minnesota Statutes 2022, section 256B.0947, subdivision 7a, is amended to read:
54.13 		Subd. 7a.Noncovered services. (a) The rate for intensive rehabilitative mental health 
54.14 	services does not include medical assistance payment for services in clauses (1) to (7). 
54.15 	Services not covered under this paragraph may be billed separately:
54.16 	(1) inpatient psychiatric hospital treatment;
54.17 	(2) partial hospitalization;
54.18 	(3) children's mental health day treatment services;
54.19 	(4) physician services outside of care provided by a psychiatrist serving as a member of 
54.20 	the treatment team;
54.21 	(5) medical assistance room and board costs rate, as defined in section 256I.03, 
54.22 	subdivision 6 256B.056, subdivision 5d;
54.23 	(6) home and community-based waiver services; and
54.24 	(7) other mental health services identified in the child's individualized education program.
54.25 	(b) The following services are not covered under this section and are not eligible for 
54.26 	medical assistance payment while youth are receiving intensive rehabilitative mental health 
54.27 	services:
54.28 	(1) mental health residential treatment; and
54.29 	(2) mental health behavioral aide services, as defined in section 256B.0943, subdivision 
54.30 	1, paragraph (l).

55.1 	Sec. 87. Minnesota Statutes 2022, section 256D.02, is amended by adding a subdivision 
55.2 	to read:
55.3 		Subd. 20.Date of application. "Date of application" has the meaning given in section 
55.4 	256P.01, subdivision 2b.

55.5 	Sec. 88. Minnesota Statutes 2022, section 256D.07, is amended to read:
55.6 	256D.07 TIME OF PAYMENT OF ASSISTANCE.
55.7 	An applicant for general assistance shall be deemed eligible if the application and the 
55.8 	verification of the statement on that application demonstrate that the applicant is within the 
55.9 	eligibility criteria established by sections 256D.01 to 256D.21 and any applicable rules of 
55.10 	the commissioner. Any person requesting general assistance shall be permitted by the county 
55.11 	agency to make an application for assistance as soon as administratively possible and in no 
55.12 	event later than the fourth day following the date on which assistance is first requested, and 
55.13 	no county agency shall require that a person requesting assistance appear at the offices of 
55.14 	the county agency more than once prior to the date on which the person is permitted to make 
55.15 	the application. The application shall be in writing in the manner and upon the form 
55.16 	prescribed by the commissioner and attested to by the oath of the applicant or in lieu thereof 
55.17 	shall contain the following declaration which shall be signed by the applicant: "I declare 
55.18 	that this application has been examined by me and to the best of my knowledge and belief 
55.19 	is a true and correct statement of every material point." Applications must be submitted 
55.20 	according to section 256P.04, subdivision 1a. On the date that general assistance is first 
55.21 	requested, the county agency shall inquire and determine whether the person requesting 
55.22 	assistance is in immediate need of food, shelter, clothing, assistance for necessary 
55.23 	transportation, or other emergency assistance pursuant to section 256D.06, subdivision 2. 
55.24 	A person in need of emergency assistance shall be granted emergency assistance immediately, 
55.25 	and necessary emergency assistance shall continue for up to 30 days following the date of 
55.26 	application. A determination of an applicant's eligibility for general assistance shall be made 
55.27 	by the county agency as soon as the required verifications are received by the county agency 
55.28 	and in no event later than 30 days following the date that the application is made. Any 
55.29 	verifications required of the applicant shall be reasonable, and the commissioner shall by 
55.30 	rule establish reasonable verifications. General assistance shall be granted to an eligible 
55.31 	applicant without the necessity of first securing action by the board of the county agency. 
55.32 	The first month's grant must be computed to cover the time period starting with the date a 
55.33 	signed application form is received by the county agency of application, as defined by 
56.1 	section 256P.01, subdivision 2b, or from the date that the applicant meets all eligibility 
56.2 	factors, whichever occurs later.
56.3 	If upon verification and due investigation it appears that the applicant provided false 
56.4 	information and the false information materially affected the applicant's eligibility for general 
56.5 	assistance or the amount of the applicant's general assistance grant, the county agency may 
56.6 	refer the matter to the county attorney. The county attorney may commence a criminal 
56.7 	prosecution or a civil action for the recovery of any general assistance wrongfully received, 
56.8 	or both.

56.9 	Sec. 89. Minnesota Statutes 2022, section 256I.03, subdivision 15, is amended to read:
56.10 		Subd. 15.Supportive housing. "Supportive housing" means housing that is not 
56.11 	time-limited and, provides or coordinates services necessary for a resident to maintain 
56.12 	housing stability, and is not assisted living licensed under chapter 144G.

56.13 	Sec. 90. Minnesota Statutes 2022, section 256I.03, is amended by adding a subdivision 
56.14 	to read:
56.15 		Subd. 16.Date of application. "Date of application" has the meaning given in section 
56.16 	256P.01, subdivision 2b.

56.17 	Sec. 91. Minnesota Statutes 2022, section 256I.04, subdivision 2, is amended to read:
56.18 		Subd. 2.Date of eligibility. An individual who has met the eligibility requirements of 
56.19 	subdivision 1, shall have a housing support payment made on the individual's behalf from 
56.20 	the first day of the month in which a signed of the date of application form is received by 
56.21 	a county agency, as defined by section 256P.01, subdivision 2b, or the first day of the month 
56.22 	in which all eligibility factors have been met, whichever is later.

56.23 	Sec. 92. Minnesota Statutes 2022, section 256I.06, subdivision 3, is amended to read:
56.24 		Subd. 3.Filing of application. The county agency must immediately provide an 
56.25 	application form to any person requesting housing support. Application for housing support 
56.26 	must be in writing on a form prescribed by the commissioner. Applications must be submitted 
56.27 	according to section 256P.04, subdivision 1a. The county agency must determine an 
56.28 	applicant's eligibility for housing support as soon as the required verifications are received 
56.29 	by the county agency and within 30 days after a signed application is received by the county 
56.30 	agency for the aged or blind or within 60 days for people with a disability.

57.1 	Sec. 93. Minnesota Statutes 2022, section 256I.09, is amended to read:
57.2 	256I.09 COMMUNITY LIVING INFRASTRUCTURE.
57.3 	The commissioner shall award grants to agencies and multi-Tribal collaboratives through 
57.4 	an annual competitive process. Grants awarded under this section may be used for: (1) 
57.5 	outreach to locate and engage people who are homeless or residing in segregated settings 
57.6 	to screen for basic needs and assist with referral to community living resources; (2) building 
57.7 	capacity to provide technical assistance and consultation on housing and related support 
57.8 	service resources for persons with both disabilities and low income; or (3) streamlining the 
57.9 	administration and monitoring activities related to housing support funds. Agencies may 
57.10 	collaborate and submit a joint application for funding under this section.

57.11 	Sec. 94. Minnesota Statutes 2022, section 256J.08, subdivision 21, is amended to read:
57.12 		Subd. 21.Date of application. "Date of application" means the date on which the county 
57.13 	agency receives an applicant's application as a signed written application, an application 
57.14 	submitted by telephone, or an application submitted through Internet telepresence has the 
57.15 	meaning given in section 256P.01, subdivision 2b.

57.16 	Sec. 95. Minnesota Statutes 2022, section 256J.09, subdivision 3, is amended to read:
57.17 		Subd. 3.Submitting application form. (a) A county agency must offer, in person or 
57.18 	by mail, the application forms prescribed by the commissioner as soon as a person makes 
57.19 	a written or oral inquiry. At that time, the county agency must:
57.20 	(1) inform the person that assistance begins on the date that the of application is received 
57.21 	by the county agency either as a signed written application; an application submitted by 
57.22 	telephone; or an application submitted through Internet telepresence;, as defined in section 
57.23 	256P.01, subdivision 2b, or on the date that all eligibility criteria are met, whichever is later;
57.24 	(2) inform a person that the person may submit the application by telephone or through 
57.25 	Internet telepresence;
57.26 	(3) inform a person that when the person submits the application by telephone or through 
57.27 	Internet telepresence, the county agency must receive a signed written application within 
57.28 	30 days of the date that the person submitted the application by telephone or through Internet 
57.29 	telepresence of the application submission requirements in section 256P.04, subdivision 
57.30 	1a;
57.31 	(4) inform the person that any delay in submitting the application will reduce the amount 
57.32 	of assistance paid for the month of application;
58.1 	(5) inform a person that the person may submit the application before an interview;
58.2 	(6) explain the information that will be verified during the application process by the 
58.3 	county agency as provided in section 256J.32;
58.4 	(7) inform a person about the county agency's average application processing time and 
58.5 	explain how the application will be processed under subdivision 5;
58.6 	(8) explain how to contact the county agency if a person's application information changes 
58.7 	and how to withdraw the application;
58.8 	(9) inform a person that the next step in the application process is an interview and what 
58.9 	a person must do if the application is approved including, but not limited to, attending 
58.10 	orientation under section 256J.45 and complying with employment and training services 
58.11 	requirements in sections 256J.515 to 256J.57;
58.12 	(10) inform the person that an interview must be conducted. The interview may be 
58.13 	conducted face-to-face in the county office or at a location mutually agreed upon, through 
58.14 	Internet telepresence, or by telephone;
58.15 	(11) explain the child care and transportation services that are available under paragraph 
58.16 	(c) to enable caregivers to attend the interview, screening, and orientation; and
58.17 	(12) identify any language barriers and arrange for translation assistance during 
58.18 	appointments, including, but not limited to, screening under subdivision 3a, orientation 
58.19 	under section 256J.45, and assessment under section 256J.521.
58.20 	(b) Upon receipt of a signed application, the county agency must stamp the date of receipt 
58.21 	on the face of the application. The county agency must process the application within the 
58.22 	time period required under subdivision 5. An applicant may withdraw the application at 
58.23 	any time by giving written or oral notice to the county agency. The county agency must 
58.24 	issue a written notice confirming the withdrawal. The notice must inform the applicant of 
58.25 	the county agency's understanding that the applicant has withdrawn the application and no 
58.26 	longer wants to pursue it. When, within ten days of the date of the agency's notice, an 
58.27 	applicant informs a county agency, in writing, that the applicant does not wish to withdraw 
58.28 	the application, the county agency must reinstate the application and finish processing the 
58.29 	application.
58.30 	(c) Upon a participant's request, the county agency must arrange for transportation and 
58.31 	child care or reimburse the participant for transportation and child care expenses necessary 
58.32 	to enable participants to attend the screening under subdivision 3a and orientation under 
58.33 	section 256J.45.

59.1 	Sec. 96. Minnesota Statutes 2022, section 256J.95, subdivision 5, is amended to read:
59.2 		Subd. 5.Submitting application form. The eligibility date for the diversionary work 
59.3 	program begins on the date that the combined of application form (CAF) is received by the 
59.4 	county agency either as a signed written application; an application submitted by telephone; 
59.5 	or an application submitted through Internet telepresence;, as defined in section 256P.01, 
59.6 	subdivision 2b, or on the date that diversionary work program eligibility criteria are met, 
59.7 	whichever is later. The county agency must inform an applicant that when the applicant 
59.8 	submits the application by telephone or through Internet telepresence, the county agency 
59.9 	must receive a signed written application within 30 days of the date that the applicant 
59.10 	submitted the application by telephone or through Internet telepresence of the application 
59.11 	submission requirements in section 256P.04, subdivision 1a. The county agency must inform 
59.12 	the applicant that any delay in submitting the application will reduce the benefits paid for 
59.13 	the month of application. The county agency must inform a person that an application may 
59.14 	be submitted before the person has an interview appointment. Upon receipt of a signed 
59.15 	application, the county agency must stamp the date of receipt on the face of the application. 
59.16 	The applicant may withdraw the application at any time prior to approval by giving written 
59.17 	or oral notice to the county agency. The county agency must follow the notice requirements 
59.18 	in section 256J.09, subdivision 3, when issuing a notice confirming the withdrawal.

59.19 	Sec. 97. Minnesota Statutes 2022, section 256P.01, is amended by adding a subdivision 
59.20 	to read:
59.21 		Subd. 2b.Date of application. "Date of application" means the date on which the agency 
59.22 	receives an applicant's application as a signed written application, an application submitted 
59.23 	by telephone, or an application submitted through Internet telepresence. The child care 
59.24 	assistance program under chapter 119B is exempt from this definition.

59.25 	Sec. 98. Minnesota Statutes 2022, section 256P.04, is amended by adding a subdivision 
59.26 	to read:
59.27 		Subd. 1a.Application submission. An agency must offer, in person or by mail, the 
59.28 	application forms prescribed by the commissioner as soon as a person makes a written or 
59.29 	oral inquiry about assistance. Applications must be received by the agency as a signed 
59.30 	written application, an application submitted by telephone, or an application submitted 
59.31 	through Internet telepresence. When a person submits an application by telephone or through 
59.32 	Internet telepresence, the agency must receive a signed written application within 30 days 
60.1 	of the date that the person submitted the application by telephone or through Internet 
60.2 	telepresence.

60.3 	Sec. 99. REVISOR INSTRUCTION.
 60.4 	The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, sections 
60.5 	256D.02 and 256I.03, in alphabetical order, excluding the first subdivision in each section, 
60.6 	and correct any cross-reference changes that result.

60.7 	Sec. 100. REPEALER.
 60.8 	(a) Minnesota Statutes 2022, section 144.9505, subdivision 3, is repealed.
60.9 	(b) Minnesota Statutes 2022, section 153A.14, subdivision 5, is repealed.
60.10 	(c) Minnesota Rules, parts 4640.1500; 4640.1600; 4640.1700; 4640.1800; 4640.1900; 
60.11 	4640.2000; 4640.2100; 4640.2200; 4640.2300; 4640.2400; 4640.2500; 4640.2600; 
60.12 	4640.2700; 4640.2800; 4640.2900; 4640.3000; 4640.3100; 4640.3200; 4640.3300; 
60.13 	4640.3400; 4640.3500; 4640.3600; 4640.3700; 4640.3800; 4640.3900; 4640.4000; 
60.14 	4640.4100; 4640.4200; 4640.4300; 4640.6100; 4640.6200; 4640.6300; 4640.6400; 
60.15 	4645.0300; 4645.0400; 4645.0500; 4645.0600; 4645.0700; 4645.0800; 4645.0900; 
60.16 	4645.1000; 4645.1100; 4645.1200; 4645.1300; 4645.1400; 4645.1500; 4645.1600; 
60.17 	4645.1700; 4645.1800; 4645.1900; 4645.2000; 4645.2100; 4645.2200; 4645.2300; 
60.18 	4645.2400; 4645.2500; 4645.2600; 4645.2700; 4645.2800; 4645.2900; 4645.3000; 
60.19 	4645.3100; 4645.3200; 4645.3300; 4645.3400; 4645.3500; 4645.3600; 4645.3700; 
60.20 	4645.3800; 4645.3805; 4645.3900; 4645.4000; 4645.4100; 4645.4200; 4645.4300; 
60.21 	4645.4400; 4645.4500; 4645.4600; 4645.4700; 4645.4800; 4645.4900; 4645.5100; and 
60.22 	4645.5200, are repealed effective August 1, 2023.
60.23 	(d) Minnesota Statutes 2022, section 256I.03, subdivision 6, is repealed.

APPENDIX 

Repealed Minnesota Statutes: S2212-2 

144.9505 CREDENTIALING OF LEAD FIRMS AND PROFESSIONALS.
No active language found for: 144.9505.3 

153A.14 REGULATION.
No active language found for: 153A.14.5 

256I.03 DEFINITIONS.
No active language found for: 256I.03.6 

4640.1500
[Repealed, L 2023 c 70 art 3 s 83] 

4640.1600
[Repealed, L 2023 c 70 art 3 s 83] 

4640.1700
[Repealed, L 2023 c 70 art 3 s 83] 

4640.1800
[Repealed, L 2023 c 70 art 3 s 83] 

4640.1900
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2000
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2100
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2200
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2300
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2400
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2500
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2600
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2700
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2800
[Repealed, L 2023 c 70 art 3 s 83] 

4640.2900
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3000
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3100
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3200
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3300
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3400
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3500
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3600
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3700
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3800
[Repealed, L 2023 c 70 art 3 s 83] 

4640.3900
[Repealed, L 2023 c 70 art 3 s 83] 

4640.4000
[Repealed, L 2023 c 70 art 3 s 83] 

4640.4100
[Repealed, L 2023 c 70 art 3 s 83] 

4640.4200
[Repealed, L 2023 c 70 art 3 s 83] 

4640.4300
[Repealed, L 2023 c 70 art 3 s 83] 

4640.6100
[Repealed, L 2023 c 70 art 3 s 83] 

4640.6200
[Repealed, L 2023 c 70 art 3 s 83] 

4640.6300
[Repealed, L 2023 c 70 art 3 s 83] 

4640.6400
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0300
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0400
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0500
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0600
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0700
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0800
[Repealed, L 2023 c 70 art 3 s 83] 

4645.0900
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1000
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1100
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1200
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1300
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1400
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1500
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1600
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1700
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1800
[Repealed, L 2023 c 70 art 3 s 83] 

4645.1900
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2000
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2100
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2200
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2300
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2400
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2500
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2600
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2700
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2800
[Repealed, L 2023 c 70 art 3 s 83] 

4645.2900
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3000
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3100
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3200
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3300
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3400
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3500
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3600
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3700
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3800
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3805
[Repealed, L 2023 c 70 art 3 s 83] 

4645.3900
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4000
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4100
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4200
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4300
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4400
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4500
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4600
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4700
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4800
[Repealed, L 2023 c 70 art 3 s 83] 

4645.4900
[Repealed, L 2023 c 70 art 3 s 83] 

4645.5100
[Repealed, L 2023 c 70 art 3 s 83] 

4645.5200
[Repealed, L 2023 c 70 art 3 s 83]