Bill Text: MN HF2402 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Omnibus health and human services policy bill.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2014-05-21 - Secretary of State Chapter 291 [HF2402 Detail]

Download: Minnesota-2013-HF2402-Engrossed.html

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A bill for an act

relating to state government; making changes to health and human services
policy provisions; modifying provisions relating to children and family
services, the provision of health services, chemical and mental health services,
health-related occupations, Department of Health, public health, continuing care,
public assistance programs, and health care; establishing reporting requirements
and grounds for disciplinary action for health professionals; making changes to
the medical assistance program; modifying provisions governing juvenile safety
and placement; regulating the sale and use of tobacco-related and electronic
delivery devices; modifying requirements for local boards of health; making
changes to provisions governing the Board of Pharmacy; modifying home and
community-based services standards; revising the Minnesota family investment
program; establishing and modifying task forces and advisory councils; making
changes to grant programs; modifying certain penalty fees; requiring studies
and reports;amending Minnesota Statutes 2012, sections 13.46, subdivision
2; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6,
13; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165;
144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02,
subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4,
5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2;
145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions
1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2,
by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17;
148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9;
148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1,
4; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814;
148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a
subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2,
2a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211;
151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44;
151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions;
214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31;
214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19;
245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision
2; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by
adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision;
256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding
a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69,
subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by
adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision;
256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a;
256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12;
256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13;
256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5,
8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26,
subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding
a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18;
461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision
1; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2;
144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision
3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7;
151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02,
by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision
1; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09,
subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4;
245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04;
256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21;
256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766;
256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3;
256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision
2; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special
Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section
60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D;
150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota
Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6;
145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9,
10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision
2; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08;
Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision
2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions
1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000;
9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300;
9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CHILDREN AND FAMILY SERVICES

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

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

    Sec. 3. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
CARE LICENSE HOLDERS.
    Contractors who serve multiple family child care holders may request that the
county agency maintain a record of:
    (1) the contractor's background study results as required in section 245C.04,
subdivision 7, to verify that the contractor does not have a disqualification or a
disqualification that has not been set aside, and is eligible to provide direct contact services
in a licensed program; and
    (2) the contractor's compliance with training requirements.

    Sec. 4. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
amended to read:
    Subd. 5. Sudden unexpected infant death and abusive head trauma training.
    (a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden unexpected infant death. In addition,
license holders must document that before staff persons, caregivers, and helpers assist in
the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7.
    (b) Sudden unexpected infant death reduction training required under this subdivision
must be at least one-half hour in length and must be completed in person at least once
every two years. On the years when the license holder is not receiving the in-person
training on sudden unexpected infant death reduction, the license holder must receive
sudden unexpected infant death reduction training through a video of no more than one
hour in length developed or approved by the commissioner., at a minimum, the training
must address the risk factors related to sudden unexpected infant death, means of reducing
the risk of sudden unexpected infant death in child care, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant death.
    (c) Abusive head trauma training required under this subdivision must be at least
one-half hour in length and must be completed at least once every year., at a minimum,
the training must address the risk factors related to shaking infants and young children,
means of reducing the risk of abusive head trauma in child care, and license holder
communication with parents regarding reducing the risk of abusive head trauma.
    (d) Training for family and group family child care providers must be developed
by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
approved by the Minnesota Center for Professional Development. Sudden unexpected
infant death reduction training and abusive head trauma training may be provided in a
single course of no more than two hours in length.
    (e) Sudden unexpected infant death reduction training and abusive head trauma
training required under this subdivision must be completed in person or as allowed under
subdivision 10, clause (1) or (2), at least once every two years. On the years when the
license holder is not receiving training in person or as allowed under subdivision 10,
clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or approved by the commissioner.
EFFECTIVE DATE.This section is effective January 1, 2015.

    Sec. 5. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
to read:
    Subd. 7. Current or prospective contractors serving multiple family child care
license holders. Current or prospective contractors who are required to have a background
study under section 245C.03, subdivision 1, who provide services for multiple family
child care license holders in a single county, and will have direct contact with children
served in the family child care setting are required to have only one background study
which is transferable to all family child care programs in that county if:
    (1) the county agency maintains a record of the contractor's background study results
which verify the contractor is approved to have direct contact with children receiving
services;
    (2) the license holder contacts the county agency and obtains notice that the current
or prospective contractor is in compliance with background study requirements and
approved to have direct contact; and
    (3) the contractor's background study is repeated every two years.

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

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

    Sec. 8. Minnesota Statutes 2012, section 260C.215, is amended by adding a
subdivision to read:
    Subd. 9. Preventing exposure to secondhand smoke for children in foster care.
    (a) A child in foster care shall not be exposed to any type of secondhand smoke in the
following settings:
    (1) a licensed foster home or any enclosed space connected to the home, including a
garage, porch, deck, or similar space; or
    (2) a motor vehicle while a foster child is transported.
    (b) Smoking in outdoor areas on the premises of the home is permitted, except when
a foster child is present and exposed to secondhand smoke.
    (c) The home study required in subdivision 4, clause (5), must include a plan to
maintain a smoke-free environment for foster children.
    (d) If a foster parent fails to provide a smoke-free environment for a foster child, the
child-placing agency must ask the foster parent to comply with a plan that includes training
on the health risks of exposure to secondhand smoke. If the agency determines that the
foster parent is unable to provide a smoke-free environment and that the home environment
constitutes a health risk to a foster child, the agency must reassess whether the placement
is based on the child's best interests consistent with section 260C.212, subdivision 2.
    (e) Nothing in this subdivision shall delay the placement of a child with a relative,
consistent with section 245A.035, unless the relative is unable to provide for the
immediate health needs of the individual child.
    (f) If a child's best interests would most effectively be served by placement in a home
which will not meet the requirements of paragraph (a), the failure to meet the requirements
of paragraph (a) shall not be a cause to deny placement in that home.
    (g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a
basis for denying placement pursuant to the provisions of the federal Indian Child Welfare
Act or Minnesota Indian Family Preservation Act.
    (h) Nothing in this subdivision shall be interpreted to interfere with traditional or
spiritual Native American or religious ceremonies involving the use of tobacco.

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

    Sec. 10. MINNESOTA TANF EXPENDITURES TASK FORCE.
    Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
established to analyze past temporary assistance for needy families (TANF) expenditures
and make recommendations as to which, if any, programs currently receiving TANF
funding should be funded by the general fund so that a greater portion of TANF funds
can go directly to Minnesota families receiving assistance through the Minnesota family
investment program under Minnesota Statutes, chapter 256J.
    Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
following members who serve at the pleasure of their appointing authority:
(1) one representative of the Department of Human Services appointed by the
commissioner of human services;
(2) one representative of the Department of Management and Budget appointed by
the commissioner of management and budget;
(3) one representative of the Department of Health appointed by the commissioner
of health;
(4) one representative of the Local Public Health Association of Minnesota;
(5) two representatives of county government appointed by the Association of
Minnesota Counties, one representing counties in the seven-county metropolitan area
and one representing all other counties;
(6) one representative of the Minnesota Legal Services Coalition;
(7) one representative of the Children's Defense Fund of Minnesota;
(8) one representative of the Minnesota Coalition for the Homeless;
(9) one representative of the Welfare Rights Coalition;
(10) two members of the house of representatives, one appointed by the speaker of
the house and one appointed by the minority leader; and
(11) two members of the senate, including one member of the minority party,
appointed according to the rules of the senate.
(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
shall serve without compensation or reimbursement of expenses.
(c) The commissioner of human services must convene the first meeting of the
Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
least quarterly.
(d) Staffing and technical assistance shall be provided within available resources by
the Department of Human Services, children and family services division.
    Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
block grant, including a determination of whether or not programs for which TANF funds
have been appropriated meet the purposes of the TANF program as defined under Code of
Federal Regulations, title 45, section 260.20, and make recommendations as to which,
if any, programs currently receiving TANF funds should be funded by the general fund.
In making recommendations on program funding sources, the task force shall consider
the following:
(1) the original purpose of the TANF block grant under Code of Federal Regulations,
title 45, section 260.20;
(2) potential overlap of the population eligible for the Minnesota family investment
program cash grant and the other programs currently receiving TANF funds;
(3) the ability for TANF funds, as appropriated under current law, to effectively help
the lowest-income Minnesotans out of poverty;
(4) the impact of past expenditures on families who may be eligible for assistance
through TANF;
(5) the ability of TANF funds to support effective parenting and optimal brain
development in children under five years old; and
(6) the role of noncash assistance expenditures in maintaining compliance with
federal law.
(b) In preparing the recommendations under paragraph (a), the task force shall
consult with appropriate Department of Human Services information technology staff
regarding implementation of the recommendations.
    Subd. 4. Report. (a) The task force must submit an initial report by November
30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance.
(b) The task force must submit a final report by February 1, 2015, analyzing past
TANF expenditures and making recommendations as to which programs, if any, currently
receiving TANF funding should be funded by the general fund, including any phase-in
period and draft legislation necessary for implementation, to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance.
    Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
final report required under subdivision 4, whichever is earlier.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 11. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the term "guardianship assistance" to "Northstar
kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
refer to the program components related to Northstar Care for Children under Minnesota
Statutes, chapter 256N.

ARTICLE 2

PROVISION OF HEALTH SERVICES

    Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
read:
    Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
accompany the patient and provide a level of care so as to ensure that:
    (1) life-threatening situations and potentially serious injuries are recognized;
    (2) patients are protected from additional hazards;
    (3) basic treatment to reduce the seriousness of emergency situations is administered;
and
    (4) patients are transported to an appropriate medical facility for treatment.
    (b) A basic life-support service shall provide basic airway management.
    (c) A basic life-support service shall provide automatic defibrillation.
    (d) A basic life-support service licensee's medical director may authorize ambulance
service personnel to perform intravenous infusion and use equipment that is within the
licensure level of the ambulance service, including administration of an opiate antagonist.
Ambulance service personnel must be properly trained. Documentation of authorization
for use, guidelines for use, continuing education, and skill verification must be maintained
in the licensee's files.
    (e) Upon application from an ambulance service that includes evidence demonstrating
hardship, the board may grant a variance from the staff requirements in paragraph (a) and
may authorize a basic life-support ambulance to be staffed by one EMT and one registered
emergency medical responder driver for all emergency ambulance calls and interfacility
transfers. The variance shall apply to basic life-support ambulances operated by the
ambulance service until the ambulance service renews its license. When a variance expires,
an ambulance service may apply for a new variance under this paragraph. For purposes of
this paragraph, "ambulance service" means either an ambulance service whose primary
service area is mainly located outside the metropolitan counties listed in section 473.121,
subdivision 4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
Cloud; or an ambulance service based in a community with a population of less than 1,000.
    (f) After an initial emergency ambulance call, each subsequent emergency ambulance
response, until the initial ambulance is again available, and interfacility transfers, may
be staffed by one registered emergency medical responder driver and an EMT. The
EMT must accompany the patient and provide the level of care required in paragraph
(a). This paragraph applies only to an ambulance service whose primary service area is
mainly located outside the metropolitan counties listed in section 473.121, subdivision
4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
ambulance based in a community with a population of less than 1,000 persons.

    Sec. 2. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
    Subdivision 1. Practice of dentistry. A person licensed to practice dentistry under
sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
in the administration of an influenza vaccination.
    Subd. 2. Qualified dentists. (a) The influenza immunization shall be administered
only to patients 19 years of age and older and only by licensed dentists who:
(1) have immediate access to emergency response equipment, including but not
limited to oxygen administration equipment, epinephrine, and other allergic reaction
response equipment; and
(2) are trained in or have successfully completed a program approved by the
Minnesota Board of Dentistry, specifically for the administration of immunizations. The
training or program must include:
(i) educational material on the disease of influenza and vaccination as prevention
of the disease;
(ii) contraindications and precautions;
(iii) intramuscular administration;
(iv) communication of risk and benefits of influenza vaccination and legal
requirements involved;
(v) reporting of adverse events;
(vi) documentation required by federal law; and
(vii) storage and handling of vaccines.
(b) Any dentist giving influenza vaccinations under this section shall comply
with guidelines established by the federal Advisory Committee on Immunization
Practices relating to vaccines and immunizations, which includes, but is not limited to,
vaccine storage and handling, vaccine administration and documentation, and vaccine
contraindications and precautions.
    Subd. 3. Coordination of care. After a dentist qualified under subdivision 2 has
administered an influenza vaccine to a patient, the dentist shall report the administration of
the immunization to the Minnesota Immunization Information Connection or otherwise
notify the patient's primary physician or clinic of the administration of the immunization.
EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
influenza immunizations performed on or after that date.

    Sec. 3. [151.71] MAXIMUM ALLOWABLE COST PRICING.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have the meanings given.
(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision
4.
(c) "Pharmacy benefit manager" means an entity doing business in this state that
contracts to administer or manage prescription drug benefits on behalf of any health plan
company that provides prescription drug benefits to residents of this state.
    Subd. 2. Pharmacy benefit manager contracts with pharmacies; maximum
allowable cost pricing. (a) In each contract between a pharmacy benefit manager and
a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit
manager a current list of the sources used to determine maximum allowable cost pricing.
The pharmacy benefit manager shall update the pricing information at least every seven
business days and provide a means by which contracted pharmacies may promptly review
current prices in an electronic, print, or telephonic format within one business day at no
cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate
products from the list of drugs subject to maximum allowable cost pricing in a timely
manner in order to remain consistent with changes in the marketplace.
(b) In order to place a prescription drug on a maximum allowable cost list, a
pharmacy benefit manager shall ensure that the drug is generally available for purchase by
pharmacies in this state from a national or regional wholesaler and is not obsolete.
(c) Each contract between a pharmacy benefit manager and a pharmacy must include
a process to appeal, investigate, and resolve disputes regarding maximum allowable cost
pricing that includes:
(1) a 15 business day limit on the right to appeal following the initial claim;
(2) a requirement that the appeal be investigated and resolved within seven business
days after the appeal; and
(3) a requirement that a pharmacy benefit manager provide a reason for any appeal
denial and identify the national drug code of a drug that may be purchased by the
pharmacy at a price at or below the maximum allowable cost price as determined by
the pharmacy benefit manager.
(d) If the appeal is upheld, the pharmacy benefit manager shall make an adjustment
to the maximum allowable cost price no later than one business day after the date of
determination. The pharmacy benefit manager shall make the price adjustment applicable
to all similarly situated network pharmacy providers as defined by the plan sponsor.
EFFECTIVE DATE.This section is effective January 1, 2015.

    Sec. 4. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
DATABASE.
The Board of Pharmacy, in collaboration with the Prescription Monitoring Program
Advisory Task Force, shall report to the chairs and ranking minority members of the house
of representatives and senate committees and divisions with jurisdiction over health and
human services policy and finance, by December 15, 2014, with:
(1) recommendations on whether or not to require the use of the prescription
monitoring program database by prescribers when prescribing or considering prescribing,
and pharmacists when dispensing or considering dispensing, a controlled substance as
defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
(2) an analysis of the impact of the prescription monitoring program on rates of
chemical abuse and prescription drug abuse; and
(3) recommendations on approaches to encourage access to appropriate treatment
for prescription drug abuse, through the prescription monitoring program.

ARTICLE 3

CHEMICAL AND MENTAL HEALTH SERVICES

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

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

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

    Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
amended to read:
    Subd. 2. Membership terms, compensation, removal and expiration. The
membership of this council shall be composed of 17 persons who are American Indians
and who are appointed by the commissioner. The commissioner shall appoint one
representative from each of the following groups: Red Lake Band of Chippewa Indians;
Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
and two representatives from the Minneapolis Urban Indian Community and two from the
St. Paul Urban Indian Community. The terms, compensation, and removal of American
Indian Advisory Council members shall be as provided in section 15.059. The council
expires June 30, 2014 2018.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
254A.04 CITIZENS ADVISORY COUNCIL.
There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
advise the Department of Human Services concerning the problems of alcohol and
other drug dependency and abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency and abuse;
and five members whose interests or training are in the field of dependency and abuse of
drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section 15.059. The council expires June 30, 2014 2018. The commissioner
of human services shall appoint members whose terms end in even-numbered years. The
commissioner of health shall appoint members whose terms end in odd-numbered years.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
to read:
    Subd. 8. Culturally specific program. (a) "Culturally specific program" means a
substance use disorder treatment service program that is recovery-focused and culturally
specific when the program:
(1) improves service quality to and outcomes of a specific population by advancing
health equity to help eliminate health disparities; and
(2) ensures effective, equitable, comprehensive, and respectful quality care services
that are responsive to an individual within a specific population's values, beliefs and
practices, health literacy, preferred language, and other communication needs.
(b) A tribally licensed substance use disorder program that is designated as serving
a culturally specific population by the applicable tribal government is deemed to satisfy
this subdivision.

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

    Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
amended to read:
    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American
Indian Child Welfare Advisory Council expires June 30, 2014 2018.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
    Subd. 3. Juvenile treatment screening team. (a) The responsible social services
agency shall establish a juvenile treatment screening team to conduct screenings and
prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision
3. Screenings shall be conducted within 15 days of a request for a screening, unless
the screening is for the purpose of placement in mental health residential treatment
and the child is enrolled in a prepaid health program under section 256B.69 in which
case the screening shall be conducted within ten working days of a request. The team,
which may be the team constituted under section 245.4885 or 256B.092 or Minnesota
Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
professionals, persons with expertise in the treatment of juveniles who are emotionally
disabled, chemically dependent, or have a developmental disability, and the child's parent,
guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201,
subdivision 11 , or section 260C.515, subdivision 4. The team may be the same team as
defined in section 260B.157, subdivision 3.
(b) The social services agency shall determine whether a child brought to its
attention for the purposes described in this section is an Indian child, as defined in section
260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as
defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
the team provided in paragraph (a) shall include a designated representative of the Indian
child's tribe, unless the child's tribal authority declines to appoint a representative. The
Indian child's tribe may delegate its authority to represent the child to any other federally
recognized Indian tribe, as defined in section 260.755, subdivision 12.
(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
(1) for the primary purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency in a residential treatment facility out
of state or in one which is within the state and licensed by the commissioner of human
services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall ascertain whether the child is an Indian child and shall
notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
child's tribe. The county's juvenile treatment screening team must either: (i) screen and
evaluate the child and file its recommendations with the court within 14 days of receipt
of the notice; or (ii) elect not to screen a given case and notify the court of that decision
within three working days.
(d) The child may not be placed for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or chemical dependency, in a residential
treatment facility out of state nor in a residential treatment facility within the state that is
licensed under chapter 245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency requires the placement
of the child in a facility within the state;
(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it
will be of therapeutic value to the child; or
(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically
to the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
(e) When the county's juvenile treatment screening team has elected to screen and
evaluate a child determined to be an Indian child, the team shall provide notice to the
tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
member of the tribe or as a person eligible for membership in the tribe, and permit the
tribe's representative to participate in the screening team.
(f) When the Indian child's tribe or tribal health care services provider or Indian
Health Services provider proposes to place a child for the primary purpose of treatment
for an emotional disturbance, a developmental disability, or co-occurring emotional
disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
the child's tribe shall submit necessary documentation to the county juvenile treatment
screening team, which must invite the Indian child's tribe to designate a representative to
the screening team.

    Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO
COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
COMMITTED TO COMMISSIONER.
The commissioner of human services may create a pilot program that is designed to
respond to issues that were raised in the February 2013 Office of the Legislative Auditor
report on state-operated services. The pilot program may include no more than three
counties to test the efficacy of providing notice and information to the commissioner prior
to or when a petition is filed to commit a patient exclusively to the commissioner. The
commissioner shall provide a status update to the chairs and ranking minority members of
the legislative committees with jurisdiction over civil commitment and human services
issues, no later than January 15, 2015.

ARTICLE 4

HEALTH-RELATED LICENSING BOARDS

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

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

    Sec. 3. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
to read:
    Subd. 4. Practice of chiropractic. An individual licensed to practice under section
148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services,
and to provide diagnosis and to render opinions pertaining to those services for the
purpose of determining a course of action in the best interests of the patient, such as a
treatment plan, appropriate referral, or both.

    Sec. 4. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
    Subdivision 1. Generally. Any person who practices, or attempts to practice,
chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
the public to believe that the person who so uses the terms is engaged in the practice of
chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
six months or punished by both fine and imprisonment, in the discretion of the court. It is
the duty of the county attorney of the county in which the person practices to prosecute.
Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
(1) licensed by a health-related licensing board, as defined in section 214.01,
subdivision 2 , including psychological practitioners with respect to the use of hypnosis;
(2) registered or licensed by the commissioner of health under section 214.13; or
(3) engaged in other methods of healing regulated by law in the state of Minnesota;
provided that the person confines activities within the scope of the license or other
regulation and does not practice or attempt to practice chiropractic.

    Sec. 5. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities
that use the properties of light, water, temperature, sound, or electricity to produce a
response in soft tissue. The physical agent modalities referred to in sections 148.6404
and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
and ultrasound.
EFFECTIVE DATE.This section is effective the day following final enactment.

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

    Sec. 7. Minnesota Statutes 2012, section 148.6430, is amended to read:
148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and treatment that, according to prevailing practice standards of the
American Occupational Therapy Association, can be performed by an occupational
therapy assistant. The occupational therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly. Delegation of duties related
to use of physical agent modalities to occupational therapy assistants is governed by
section 148.6440, subdivision 6.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 8. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
    Subdivision 1. Applicability. If the professional standards identified in section
148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
treatment procedure, the occupational therapist must provide supervision consistent
with this section. Supervision of occupational therapy assistants using physical agent
modalities is governed by section 148.6440, subdivision 6.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 9. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
    Subd. 3. Approved education program. "Approved education program" means
a university, college, or other postsecondary education program of athletic training
that, at the time the student completes the program, is approved or accredited by the
National Athletic Trainers Association Professional Education Committee, the National
Athletic Trainers Association Board of Certification, or the Joint Review Committee on
Educational Programs in Athletic Training in collaboration with the American Academy
of Family Physicians, the American Academy of Pediatrics, the American Medical
Association, and the National Athletic Trainers Association a nationally recognized
accreditation agency for athletic training education programs approved by the board.

    Sec. 10. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
    Subd. 9. Credentialing examination. "Credentialing examination" means an
examination administered by the National Athletic Trainers Association Board of
Certification, or the board's recognized successor, for credentialing as an athletic trainer,
or an examination for credentialing offered by a national testing service that is approved
by the board.

    Sec. 11. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
    Subdivision 1. Designation. A person shall not use in connection with the person's
name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations,
or insignia indicating or implying that the person is an athletic trainer, without a certificate
of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
attending a college or university athletic training program must be identified as a "student
athletic trainer." an "athletic training student."

    Sec. 12. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council
is created and is composed of eight members appointed by the board. The advisory
council consists of:
(1) two public members as defined in section 214.02;
(2) three members who, except for initial appointees, are registered athletic trainers,
one being both a licensed physical therapist and registered athletic trainer as submitted by
the Minnesota American Physical Therapy Association;
(3) two members who are medical physicians licensed by the state and have
experience with athletic training and sports medicine; and
(4) one member who is a doctor of chiropractic licensed by the state and has
experience with athletic training and sports injuries.

    Sec. 13. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
    Subdivision 1. Registration. The board may issue a certificate of registration as an
athletic trainer to applicants who meet the requirements under this section. An applicant
for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
written application on a form, provided by the board, that includes:
(1) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;
(2) evidence satisfactory to the board of the successful completion of an education
program approved by the board;
(3) educational background;
(4) proof of a baccalaureate or master's degree from an accredited college or
university;
(5) credentials held in other jurisdictions;
(6) a description of any other jurisdiction's refusal to credential the applicant;
(7) a description of all professional disciplinary actions initiated against the applicant
in any other jurisdiction;
(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(9) evidence satisfactory to the board of a qualifying score on a credentialing
examination within one year of the application for registration;
(10) additional information as requested by the board;
(11) the applicant's signature on a statement that the information in the application is
true and correct to the best of the applicant's knowledge and belief; and
(12) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or engaged in the practice of athletic training.

    Sec. 14. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
    Subd. 4. Temporary registration. (a) The board may issue a temporary registration
as an athletic trainer to qualified applicants. A temporary registration is issued for
one year 120 days. An athletic trainer with a temporary registration may qualify for
full registration after submission of verified documentation that the athletic trainer has
achieved a qualifying score on a credentialing examination within one year 120 days after
the date of the temporary registration. A temporary registration may not be renewed.
(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
a temporary registration must submit the application materials and fees for registration
required under subdivision 1, clauses (1) to (8) and (10) to (12).
(c) An athletic trainer with a temporary registration shall work only under the
direct supervision of an athletic trainer registered under this section. No more than four
two athletic trainers with temporary registrations shall work under the direction of a
registered athletic trainer.

    Sec. 15. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
    Subd. 2. Approved programs. The board shall approve a continuing education
program that has been approved for continuing education credit by the National Athletic
Trainers Association Board of Certification, or the board's recognized successor.

    Sec. 16. Minnesota Statutes 2012, section 148.7813, is amended by adding a
subdivision to read:
    Subd. 5. Discipline; reporting. For the purposes of this chapter, registered athletic
trainers and applicants are subject to sections 147.091 to 147.162.

    Sec. 17. Minnesota Statutes 2012, section 148.7814, is amended to read:
148.7814 APPLICABILITY.
Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
trainers by the National Athletic Trainers Association Board of Certification or the board's
recognized successor and come into Minnesota for a specific athletic event or series of
athletic events with an individual or group.

    Sec. 18. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
    Subd. 2. Certified doula. "Certified doula" means an individual who has received
a certification to perform doula services from the International Childbirth Education
Association, the Doulas of North America (DONA), the Association of Labor Assistants
and Childbirth Educators (ALACE), the Birthworks, the Childbirth and Postpartum
Professional Association (CAPPA), the Childbirth International, or the International
Center for Traditional Childbearing, or the Birth Place/Common Childbirth, Inc.

    Sec. 19. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
4,000 hours of post-master's degree supervised professional practice in the delivery
of clinical services in the diagnosis and treatment of mental illnesses and disorders in
both children and adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).
    (b) The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
board-approved supervisor, who has at least two years of postlicensure experience in the
delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
    (c) The supervision must be obtained at the rate of two hours of supervision per 40
hours of professional practice. The supervision must be evenly distributed over the course
of the supervised professional practice. At least 75 percent of the required supervision
hours must be received in person. The remaining 25 percent of the required hours may be
received by telephone or by audio or audiovisual electronic device. At least 50 percent of
the required hours of supervision must be received on an individual basis. The remaining
50 percent may be received in a group setting.
    (d) The supervised practice must include at least 1,800 hours of clinical client contact.
    (e) The supervised practice must be clinical practice. Supervision includes the
observation by the supervisor of the successful application of professional counseling
knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and emotional, mental, and
behavioral disorders.

    Sec. 20. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
2014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
professional counselor may convert to a LPCC by providing evidence satisfactory to the
board that the applicant has met the requirements of subdivisions 1 and 2, subject to
the following:
    (1) the individual's license must be active and in good standing;
    (2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and
    (3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed
in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
providing evidence satisfactory to the board that the applicant has met the following
requirements:
    (1) is at least 18 years of age;
    (2) is of good moral character;
    (3) has a license that is active and in good standing;
    (4) has no complaints pending, uncompleted disciplinary order, or corrective action
agreements;
    (5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;
    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:
    (i) diagnostic assessment for child or adult mental disorders; normative development;
and psychopathology, including developmental psychopathology;
    (ii) clinical treatment planning with measurable goals;
    (iii) clinical intervention methods informed by research evidence and community
standards of practice;
    (iv) evaluation methodologies regarding the effectiveness of interventions;
    (v) professional ethics applied to clinical practice; and
    (vi) cultural diversity;
    (7) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
examinations as prescribed by the board;
    (8) has demonstrated, to the satisfaction of the board, successful completion of 4,000
hours of supervised, post-master's degree professional practice in the delivery of clinical
services in the diagnosis and treatment of child and adult mental illnesses and disorders,
which includes 1,800 direct client contact hours. A licensed professional counselor
who has completed 2,000 hours of supervised post-master's degree clinical professional
practice and who has independent practice status need only document 2,000 additional
hours of supervised post-master's degree clinical professional practice, which includes 900
direct client contact hours; and
    (9) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.
    (b) If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).

    Sec. 21. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
practice dentistry as an enrolled graduate student or student of an advanced education
program accredited by the American Dental Association Commission on Dental
Accreditation.

    Sec. 22. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
    Subdivision 1. Dentists. A person of good moral character who has graduated from
a dental program accredited by the Commission on Dental Accreditation of the American
Dental Association, having submitted an application and fee as prescribed by the board,
may be examined by the board or by an agency pursuant to section 150A.03, subdivision
1 , in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
college in another country must not be disqualified from examination solely because of
the applicant's foreign training if the board determines that the training is equivalent to or
higher than that provided by a dental college accredited by the Commission on Dental
Accreditation of the American Dental Association. In the case of examinations conducted
pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
applying to the board for licensure. The examination shall include an examination of the
applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
board. An applicant is ineligible to retake the clinical examination required by the board
after failing it twice until further education and training are obtained as specified by the
board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all other requirements of the board
shall be licensed to practice dentistry and granted a general dentist license by the board.

    Sec. 23. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
licensed in order to practice dentistry as defined in section 150A.05. The board may
issue to members of the faculty of a school of dentistry a license designated as either a
"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
program directors of a Minnesota dental hygiene or dental assisting school accredited by
the Commission on Dental Accreditation of the American Dental Association shall certify
to the board those members of the school's faculty who practice dentistry but are not
licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
defined in section 150A.05, before beginning duties in a school of dentistry or a dental
hygiene or dental assisting school, shall apply to the board for a limited or full faculty
license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
a limited faculty license must be renewed annually and a full faculty license must be
renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
for issuing and renewing the faculty license. The faculty license is valid during the time
the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
dental assisting school and subjects the holder to this chapter.
(b) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation of the American Dental Association, a license designated as a limited
faculty license entitling the holder to practice dentistry within the school and its affiliated
teaching facilities, but only for the purposes of teaching or conducting research. The
practice of dentistry at a school facility for purposes other than teaching or research is not
allowed unless the dentist was a faculty member on August 1, 1993.
(c) The board may issue to dentist members of the faculty of a Minnesota school
of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
Accreditation of the American Dental Association a license designated as a full faculty
license entitling the holder to practice dentistry within the school and its affiliated teaching
facilities and elsewhere if the holder of the license is employed 50 percent time or more by
the school in the practice of teaching or research, and upon successful review by the board
of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
The board, at its discretion, may waive specific licensing prerequisites.

    Sec. 24. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
    Subd. 1c. Specialty dentists. (a) The board may grant a one or more specialty
license licenses in the specialty areas of dentistry that are recognized by the American
Dental Association Commission on Dental Accreditation.
(b) An applicant for a specialty license shall:
(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or have announced a limitation of practice before 1967;
(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;
(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;
(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;
(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant for each specialty area;
(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;
(7) pass all components of the National Board Dental Examinations;
(8) pass the Minnesota Board of Dentistry jurisprudence examination;
(9) abide by professional ethical conduct requirements; and
(10) meet all other requirements prescribed by the Board of Dentistry.
(c) The application must include:
(1) a completed application furnished by the board;
(2) at least two character references from two different dentists for each specialty
area, one of whom must be a dentist practicing in the same specialty area, and the other
from the director of the each specialty program attended;
(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;
(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;
(5) a nonrefundable fee; and
(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.
(d) A specialty dentist holding a one or more specialty license licenses is limited to
practicing in the dentist's designated specialty area or areas. The scope of practice must be
defined by each national specialty board recognized by the American Dental Association
Commission on Dental Accreditation.
(e) A specialty dentist holding a general dentist dental license is limited to practicing
in the dentist's designated specialty area or areas if the dentist has announced a limitation
of practice. The scope of practice must be defined by each national specialty board
recognized by the American Dental Association Commission on Dental Accreditation.
(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area or areas may apply for
a one or more specialty license licenses.

    Sec. 25. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
    Subd. 1d. Dental therapists. A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the American Dental Association
Commission on Dental Accreditation or another board-approved national accreditation
organization may apply for licensure.
The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
applicant who has failed the clinical examination twice is ineligible to retake the clinical
examination until further education and training are obtained as specified by the board. A
separate, nonrefundable fee may be charged for each time a person applies. An applicant
who passes the examination in compliance with subdivision 2b, abides by professional
ethical conduct requirements, and meets all the other requirements of the board shall
be licensed as a dental therapist.

    Sec. 26. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
    Subd. 2. Dental hygienists. A person of good moral character, who has graduated
from a dental hygiene program accredited by the Commission on Dental Accreditation of
the American Dental Association and established in an institution accredited by an agency
recognized by the United States Department of Education to offer college-level programs,
may apply for licensure. The dental hygiene program must provide a minimum of two
academic years of dental hygiene education. The applicant must submit an application and
fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
licensed, the applicant must pass the National Board of Dental Hygiene examination and a
board approved examination designed to determine the applicant's clinical competency. In
the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
shall take the examination before applying to the board for licensure. The applicant must
also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
the clinical examination required by the board after failing it twice until further education
and training are obtained as specified by board rule. A separate, nonrefundable fee may
be charged for each time a person applies. An applicant who passes the examination in
compliance with subdivision 2b, abides by professional ethical conduct requirements, and
meets all the other requirements of the board shall be licensed as a dental hygienist.

    Sec. 27. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
    Subd. 2a. Licensed dental assistant. A person of good moral character, who has
graduated from a dental assisting program accredited by the Commission on Dental
Accreditation of the American Dental Association, may apply for licensure. The applicant
must submit an application and fee as prescribed by the board and the diploma or
certificate of dental assisting. In the case of examinations conducted pursuant to section
150A.03, subdivision 1 , applicants shall take the examination before applying to the board
for licensure. The examination shall include an examination of the applicant's knowledge
of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
ineligible to retake the licensure examination required by the board after failing it twice
until further education and training are obtained as specified by board rule. A separate,
nonrefundable fee may be charged for each time a person applies. An applicant who
passes the examination in compliance with subdivision 2b, abides by professional ethical
conduct requirements, and meets all the other requirements of the board shall be licensed
as a dental assistant.

    Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
    Subd. 2d. Continuing education and professional development waiver. (a) The
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
assistant who documents to the satisfaction of the board that the dentist, dental therapist,
dental hygienist, or licensed dental assistant has retired from active practice in the state
and limits the provision of dental care services to those offered without compensation
in a public health, community, or tribal clinic or a nonprofit organization that provides
services to the indigent or to recipients of medical assistance, general assistance medical
care, or MinnesotaCare programs.
(b) The board may require written documentation from the volunteer and retired
dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
this waiver.
(c) The board shall require the volunteer and retired dentist, dental therapist, dental
hygienist, or licensed dental assistant to meet the following requirements:
(1) a licensee seeking a waiver under this subdivision must complete and document
at least five hours of approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and
(2) provide documentation of current CPR certification from completion of the
American Heart Association healthcare provider course, or the American Red Cross
professional rescuer course, or an equivalent entity.

    Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
    Subd. 3. Waiver of examination. (a) All or any part of the examination for
dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
dentistry and the rules of the board, may, at the discretion of the board, be waived for an
applicant who presents a certificate of having passed all components of the National Board
Dental Examinations or evidence of having maintained an adequate scholastic standing
as determined by the board, in dental school as to dentists, or dental hygiene school as
to dental hygienists.
(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission on
Dental Accreditation of the American Dental Association, who has passed all components
of the National Board Dental Examinations, and who has satisfactorily completed a
Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
program must be accredited by the Commission on Dental Accreditation of the American
Dental Association, be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require
the applicant to submit any information deemed necessary by the board to determine
whether the waiver is applicable. The board may waive the clinical examination for an
applicant who meets the requirements of this paragraph and has satisfactorily completed an
accredited postdoctoral general dentistry residency program located outside of Minnesota.

    Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
and payment of a fee established by the board, apply for licensure based on an evaluation
of the applicant's education, experience, and performance record in lieu of completing a
board-approved dental assisting program for expanded functions as defined in rule, and
may be interviewed by the board to determine if the applicant:
(1) has graduated from an accredited dental assisting program accredited by the
Commission of on Dental Accreditation of the American Dental Association, or is
currently certified by the Dental Assisting National Board;
(2) is not subject to any pending or final disciplinary action in another state or
Canadian province, or if not currently certified or registered, previously had a certification
or registration in another state or Canadian province in good standing that was not subject
to any final or pending disciplinary action at the time of surrender;
(3) is of good moral character and abides by professional ethical conduct
requirements;
(4) at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and
(5) has met all expanded functions curriculum equivalency requirements of a
Minnesota board-approved dental assisting program.
(b) The board, at its discretion, may waive specific licensure requirements in
paragraph (a).
(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
minimum knowledge in dental subjects required for licensure under subdivision 2a must
be licensed to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure is
denied, the board may notify the applicant of any specific remedy that the applicant could
take which, when passed, would qualify the applicant for licensure. A denial does not
prohibit the applicant from applying for licensure under subdivision 2a.
(e) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

    Sec. 31. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
read:
    Subd. 16. Failure of professional development portfolio audit. A licensee shall
submit a fee as established by the board not to exceed the amount of $250 after failing two
consecutive professional development portfolio audits and, thereafter, for each failed (a) If
a licensee fails a professional development portfolio audit under Minnesota Rules, part
3100.5300., the board is authorized to take the following actions:
(1) for the first failure, the board may issue a warning to the licensee;
(2) for the second failure within ten years, the board may assess a penalty of not
more than $250; and
(3) for any additional failures within the ten-year period, the board may assess a
penalty of not more than $1,000.
(b) In addition to the penalty fee, the board may initiate the complaint process to
address multiple failed audits.

    Sec. 32. Minnesota Statutes 2012, section 150A.10, is amended to read:
150A.10 ALLIED DENTAL PERSONNEL.
    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
public institution, or school authority may obtain services from a licensed dental hygienist.
The licensed dental hygienist may provide those services defined in section 150A.05,
subdivision 1a . The services provided shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. All services shall be provided under
supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
by a health care facility, program, or nonprofit organization to perform dental hygiene
services described under paragraph (b) without the patient first being examined by a
licensed dentist if the dental hygienist:
(1) has been engaged in the active practice of clinical dental hygiene for not less than
2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;
(2) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist;
(3) has documented participation in courses in infection control and medical
emergencies within each continuing education cycle; and
(4) maintains current CPR certification from completion of the American Heart
Association healthcare provider course, or the American Red Cross professional rescuer
course, or an equivalent entity.
(b) The dental hygiene services authorized to be performed by a dental hygienist
under this subdivision are limited to:
(1) oral health promotion and disease prevention education;
(2) removal of deposits and stains from the surfaces of the teeth;
(3) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
(4) polishing and smoothing restorations;
(5) removal of marginal overhangs;
(6) performance of preliminary charting;
(7) taking of radiographs; and
(8) performance of scaling and root planing.
The dental hygienist may administer injections of local anesthetic agents or nitrous
oxide inhalation analgesia as specifically delegated in the collaborative agreement with
a licensed dentist. The dentist need not first examine the patient or be present. If the
patient is considered medically compromised, the collaborative dentist shall review the
patient record, including the medical history, prior to the provision of these services.
Collaborating dental hygienists may work with unlicensed and licensed dental assistants
who may only perform duties for which licensure is not required. The performance of
dental hygiene services in a health care facility, program, or nonprofit organization as
authorized under this subdivision is limited to patients, students, and residents of the
facility, program, or organization.
(c) A collaborating dentist must be licensed under this chapter and may enter into
a collaborative agreement with no more than four dental hygienists unless otherwise
authorized by the board. The board shall develop parameters and a process for obtaining
authorization to collaborate with more than four dental hygienists. The collaborative
agreement must include:
(1) consideration for medically compromised patients and medical conditions for
which a dental evaluation and treatment plan must occur prior to the provision of dental
hygiene services;
(2) age- and procedure-specific standard collaborative practice protocols, including
recommended intervals for the performance of dental hygiene services and a period of
time in which an examination by a dentist should occur;
(3) copies of consent to treatment form provided to the patient by the dental hygienist;
(4) specific protocols for the placement of pit and fissure sealants and requirements
for follow-up care to assure the efficacy of the sealants after application; and
(5) a procedure for creating and maintaining dental records for the patients that are
treated by the dental hygienist. This procedure must specify where these records are
to be located.
The collaborative agreement must be signed and maintained by the dentist, the dental
hygienist, and the facility, program, or organization; must be reviewed annually by the
collaborating dentist and dental hygienist; and must be made available to the board
upon request.
(d) Before performing any services authorized under this subdivision, a dental
hygienist must provide the patient with a consent to treatment form which must include a
statement advising the patient that the dental hygiene services provided are not a substitute
for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
to the patient for further dental procedures, the dental hygienist must fill out a referral form
and provide a copy of the form to the collaborating dentist.
(e) For the purposes of this subdivision, a "health care facility, program, or
nonprofit organization" is limited to a hospital; nursing home; home health agency; group
home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
commissioner of human services or the commissioner of corrections; and federal, state, or
local public health facility, community clinic, tribal clinic, school authority, Head Start
program, or nonprofit organization that serves individuals who are uninsured or who are
Minnesota health care public program recipients.
(f) For purposes of this subdivision, a "collaborative agreement" means a written
agreement with a licensed dentist who authorizes and accepts responsibility for the
services performed by the dental hygienist. The services authorized under this subdivision
and the collaborative agreement may be performed without the presence of a licensed
dentist and may be performed at a location other than the usual place of practice of the
dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
specified in the collaborative agreement.
    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
services of any unlicensed person for the purpose of assistance in the practice of dentistry
or dental therapy shall be responsible for the acts of such unlicensed person while engaged
in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
perform only those acts which are authorized to be delegated to unlicensed assistants
by the Board of Dentistry. The acts shall be performed under supervision of a licensed
dentist or dental therapist. A licensed dental therapist shall not supervise more than four
registered licensed or unlicensed dental assistants at any one practice setting. The board
may permit differing levels of dental assistance based upon recognized educational
standards, approved by the board, for the training of dental assistants. The board may also
define by rule the scope of practice of licensed and unlicensed dental assistants. The
board by rule may require continuing education for differing levels of dental assistants,
as a condition to their license or authority to perform their authorized duties. Any
licensed dentist or dental therapist who permits an unlicensed assistant to perform any
dental service other than that authorized by the board shall be deemed to be enabling an
unlicensed person to practice dentistry, and commission of such an act by an unlicensed
assistant shall constitute a violation of sections 150A.01 to 150A.12.
    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
the services of any unlicensed person, other than under the dentist's or dental therapist's
supervision and within the same practice setting, for the purpose of constructing, altering,
repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
prosthetic or other dental appliance, shall be required to furnish such unlicensed person
with a written work order in such form as shall be prescribed by the rules of the board. The
work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
file of the dentist or dental therapist at the practice setting for a period of two years, and
the original to be retained in a permanent file for a period of two years by the unlicensed
person in that person's place of business. The permanent file of work orders to be kept
by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
reasonable time by the board or its duly constituted agent.
    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
2, a licensed dental hygienist or licensed dental assistant may perform the following
restorative procedures:
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel crowns; and
(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel.; and
(5) place, contour, and adjust class II and class V supragingival composite
restorations on primary teeth.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or licensed dental assistant has completed a
board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the
licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
placed restoration;
(3) a licensed dentist or licensed advanced dental therapist has authorized the
procedure to be performed; and
(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
while the procedure is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses
specified in paragraph (b) must have prior experience teaching these procedures in an
accredited dental education program.

    Sec. 33. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
    Subdivision 1. License requirements. The board shall issue a license to practice
podiatric medicine to a person who meets the following requirements:
(a) The applicant for a license shall file a written notarized application on forms
provided by the board, showing to the board's satisfaction that the applicant is of good
moral character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a podiatric medical school approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting organization approved by the
board, and other relevant factors.
(c) The applicant must have received a passing score on each part of the national board
examinations, parts one and two, prepared and graded by the National Board of Podiatric
Medical Examiners. The passing score for each part of the national board examinations,
parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
(d) Applicants graduating after 1986 from a podiatric medical school shall present
evidence satisfactory to the board of the completion of (1) one year of graduate, clinical
residency or preceptorship in a program accredited by a national accrediting organization
approved by the board or (2) other graduate training that meets standards equivalent to
those of an approved national accrediting organization or school of podiatric medicine
of successful completion of a residency program approved by a national accrediting
podiatric medicine organization.
(e) The applicant shall appear in person before the board or its designated
representative to show that the applicant satisfies the requirements of this section,
including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
medicine. The board may establish as internal operating procedures the procedures or
requirements for the applicant's personal presentation.
(f) The applicant shall pay a fee established by the board by rule. The fee shall
not be refunded.
(g) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee. If the applicant does not satisfy the requirements of this paragraph,
the board may refuse to issue a license unless it determines that the public will be
protected through issuance of a license with conditions and limitations the board considers
appropriate.
(h) Upon payment of a fee as the board may require, an applicant who fails to pass
an examination and is refused a license is entitled to reexamination within one year of
the board's refusal to issue the license. No more than two reexaminations are allowed
without a new application for a license.

    Sec. 34. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
to read:
    Subd. 1a. Relicensure after two-year lapse of practice; reentry program. A
podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
practice of podiatric medicine of greater than two years must reestablish competency by
completing a reentry program approved by the board.

    Sec. 35. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
    Subd. 2. Applicants licensed in another state. The board shall issue a license
to practice podiatric medicine to any person currently or formerly licensed to practice
podiatric medicine in another state who satisfies the requirements of this section:
(a) The applicant shall satisfy the requirements established in subdivision 1.
(b) The applicant shall present evidence satisfactory to the board indicating the
current status of a license to practice podiatric medicine issued by the first state of
licensure and all other states and countries in which the individual has held a license.
(c) If the applicant has had a license revoked, engaged in conduct warranting
disciplinary action against the applicant's license, or been subjected to disciplinary action,
in another state, the board may refuse to issue a license unless it determines that the
public will be protected through issuance of a license with conditions or limitations the
board considers appropriate.
(d) The applicant shall submit with the license application the following additional
information for the five-year period preceding the date of filing of the application: (1) the
name and address of the applicant's professional liability insurer in the other state; and (2)
the number, date, and disposition of any podiatric medical malpractice settlement or award
made to the plaintiff relating to the quality of podiatric medical treatment.
(e) If the license is active, the applicant shall submit with the license application
evidence of compliance with the continuing education requirements in the current state of
licensure.
(f) If the license is inactive, the applicant shall submit with the license application
evidence of participation in one-half the same number of hours of acceptable continuing
education required for biennial renewal, as specified under Minnesota Rules, up to five
years. If the license has been inactive for more than two years, the amount of acceptable
continuing education required must be obtained during the two years immediately before
application or the applicant must provide other evidence as the board may reasonably
require.

    Sec. 36. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the
rules of the board, the board may issue a temporary permit to practice podiatric medicine
to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed
12 months. A temporary permit may be extended under the following conditions:
(1) the applicant submits acceptable evidence that the training was interrupted by
circumstances beyond the control of the applicant and that the sponsor of the program
agrees to the extension;
(2) the applicant is continuing in a residency that extends for more than one year; or
(3) the applicant is continuing in a residency that extends for more than two years.
approved by a national accrediting organization. The temporary permit is renewed
annually until the residency training requirements are completed or until the residency
program is terminated or discontinued.

    Sec. 37. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
to read:
    Subd. 4. Continuing education. (a) Every podiatrist licensed to practice in this
state shall obtain 40 clock hours of continuing education in each two-year cycle of license
renewal. All continuing education hours must be earned by verified attendance at or
participation in a program or course sponsored by the Council on Podiatric Medical
Education or approved by the board. In each two-year cycle, a maximum of eight hours of
continuing education credits may be obtained through participation in online courses.
(b) The number of continuing education hours required during the initial licensure
period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
ratio of the number of days the license is held in the initial licensure period to 730 days.

    Sec. 38. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
CONDUCT OFFENSE.
    Subdivision 1. Applicability. This section applies to the health-related licensing
boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
and the Board of Chiropractic Examiners, and also applies toprofessions credentialed by
the Minnesota Department of Health, including:
(1) speech-language pathologists and audiologists;
(2) hearing instrument dispensers; and
(3) occupational therapists and occupational therapy assistants.
    Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted on or after August 1, 2014, of
any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted in any other state or country on
or after August 1, 2014, of an offense where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a).
(c) A credential to practice is automatically revoked if the credentialed person is
convicted of an offense listed in paragraph (a).
(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
of the sentence and final disposition of the case is accomplished at a nonfelony level.
(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
an individual convicted of an offense listed in paragraph (a) may become credentialed
provided that the criteria:
(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
(2) provide a standard for overcoming the presumption; and
(3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.
A credentialing authority listed in subdivision 1 shall not consider an application under
this paragraph if the board determines that the victim involved in the offense was a patient
or a client of the applicant at the time of the offense.
EFFECTIVE DATE.This section is effective for credentials issued or renewed on
or after August 1, 2014.

    Sec. 39. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
OF HARM.
(a) Notwithstanding any provision of a health-related professional practice act,
when a health-related licensing board receives a complaint regarding a regulated person
and has probable cause to believe continued practice by the regulated person presents
an imminent risk of harm, the licensing board shall temporarily suspend the regulated
person's professional license. The suspension shall take effect upon written notice to the
regulated person and shall specify the reason for the suspension.
(b) The suspension shall remain in effect until the appropriate licensing board or
the commissioner completes an investigation and issues a final order in the matter after
a hearing.
(c) At the time it issues the suspension notice, the appropriate licensing board shall
schedule a disciplinary hearing to be held before the licensing board or pursuant to the
Administrative Procedure Act. The regulated person shall be provided with at least
ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
scheduled to begin no later than 30 days after issuance of the suspension order.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 40. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints shall require the complainant to state the complaint in writing
or authorize transcribing the complaint. The executive director or the designated board
member shall determine whether the complaint alleges or implies a violation of a statute
or rule which the board is empowered to enforce. The executive director or the designated
board member may consult with the designee of the attorney general as to a board's
jurisdiction over a complaint. If the executive director or the designated board member
determines that it is necessary, the executive director may seek additional information to
determine whether the complaint is jurisdictional or to clarify the nature of the allegations
by obtaining records or other written material, obtaining a handwriting sample from the
regulated person, clarifying the alleged facts with the complainant, and requesting a written
response from the subject of the complaint. The executive director may authorize a field
investigation to clarify the nature of the allegations and the facts that led to the complaint.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 41. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
    Subd. 3. Referral to other agencies. The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. Governmental agencies may shall coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 42. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
to read:
    Subd. 5. Health professionals services program. The health-related licensing
boards shall include information regarding the health professionals services program
on their Web sites.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 43. Minnesota Statutes 2012, section 214.29, is amended to read:
214.29 PROGRAM REQUIRED.
Each health-related licensing board, including the Emergency Medical Services
Regulatory Board under chapter 144E, shall either conduct a contract with the health
professionals service program under sections 214.31 to 214.37 or contract for a diversion
program under section 214.28 for a diversion program for regulated professionals who are
unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
drugs, chemicals, or any other materials, or as a result of any mental, physical, or
psychological condition.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 44. Minnesota Statutes 2012, section 214.31, is amended to read:
214.31 AUTHORITY.
Two or more of the health-related licensing boards listed in section 214.01,
subdivision 2 , may jointly The health professionals services program shall contract with
the health-related licensing boards to conduct a health professionals services program to
protect the public from persons regulated by the boards who are unable to practice with
reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
other materials, or as a result of any mental, physical, or psychological condition. The
program does not affect a board's authority to discipline violations of a board's practice act.
For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board
shall be included in the definition of a health-related licensing board under chapter 144E.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 45. Minnesota Statutes 2012, section 214.32, is amended to read:
214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
    Subdivision 1. Management. (a) A Health Professionals Services Program
Committee is established, consisting of one person appointed by each participating board,
with each participating board having one vote. no fewer than three, or more than six,
executive directors of health-related licensing boards or their designees, and two members
of the advisory committee established in paragraph (c). Program committee members
from the health-related licensing boards shall be appointed by a majority of the executive
directors of the health-related licensing boards in July of odd-numbered years. Members
from the advisory committee shall be appointed by a majority of advisory committee
members in July of odd-numbered years. The program committee shall designate one
board to provide administrative management of the program, set the program budget and
the pro rata share of program expenses to be borne by each participating board, provide
guidance on the general operation of the program, including hiring of program personnel,
and ensure that the program's direction is in accord with its authority. The program
committee shall establish uniform criteria and procedures governing termination and
discharge for all health professionals served by the health professionals services program.
If the participating boards change which board is designated to provide administrative
management of the program, any appropriation remaining for the program shall transfer to
the newly designated board on the effective date of the change. The participating boards
must inform the appropriate legislative committees and the commissioner of management
and budget of any change in the administrative management of the program, and the
amount of any appropriation transferred under this provision.
    (b) The designated board, upon recommendation of the Health Professional Services
Program Committee, shall hire the program manager and employees and pay expenses
of the program from funds appropriated for that purpose. The designated board may
apply for grants to pay program expenses and may enter into contracts on behalf of the
program to carry out the purposes of the program. The participating boards shall enter into
written agreements with the designated board.
    (c) An advisory committee is established to advise the program committee consisting
of:
    (1) one member appointed by each of the following: the Minnesota Academy of
Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
Association of the professional associations whose members are eligible for health
professionals services program services; and
    (2) one member appointed by each of the professional associations of the other
professions regulated by a participating board not specified in clause (1); and
    (3) two public members, as defined by section 214.02.
    (d) Members of the advisory committee shall be appointed for two years and
members may be reappointed.
    (e) The advisory committee shall:
    (1) provide advice and consultation to the health professionals services program staff;
    (2) serve as a liaison to all regulated health professionals who are eligible to
participate in the health professionals services program; and
    (3) provide advice and recommendations to the program committee.
    Subd. 2. Services. (a) The program shall provide the following services to program
participants:
    (1) referral of eligible regulated persons to qualified professionals for evaluation,
treatment, and a written plan for continuing care consistent with the regulated person's
illness. The referral shall take into consideration the regulated person's financial resources
as well as specific needs;
    (2) development of individualized program participation agreements between
participants and the program to meet the needs of participants and protect the public. An
agreement may include, but need not be limited to, recommendations from the continuing
care plan, practice monitoring, health monitoring, practice restrictions, random drug
screening, support group participation, filing of reports necessary to document compliance,
and terms for successful completion of the regulated person's program; and
    (3) monitoring of compliance by participants with individualized program
participation agreements or board orders.
    (b) The program may develop services related to sections 214.31 to 214.37 for
employers and colleagues of regulated persons from participating boards.
    Subd. 3. Participant costs. Each program participant shall be responsible for
paying for the costs of physical, psychosocial, or other related evaluation, treatment,
laboratory monitoring, and random drug screens.
    Subd. 4. Eligibility. Admission to the health professional services program is
available to a person regulated by a participating board who is unable to practice with
reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
any other materials, or as a result of any mental, physical, or psychological condition.
Admission in the health professional services program shall be denied to persons:
    (1) who have diverted controlled substances for other than self-administration;
    (2) who have been terminated from this or any other state professional services
program for noncompliance in the program, unless referred by a participating board or the
commissioner of health;
    (3) currently under a board disciplinary order or corrective action agreement, unless
referred by a board;
    (4) regulated under sections 214.17 to 214.25, unless referred by a board or by the
commissioner of health;
    (5) accused of sexual misconduct; or
    (6) (5) whose continued practice would create a serious risk of harm to the public.
    Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
completes the program when the terms of the program participation agreement are fulfilled.
    (b) A regulated person may voluntarily terminate participation in the health
professionals service program at any time by reporting to the person's board which shall
result in the program manager making a report to the regulated person's board under
section 214.33, subdivision 3.
    (c) The program manager may choose to discharge a regulated person from the
program and make a referral to the person's board at any time for reasons including but not
limited to: the degree of cooperation and compliance by the regulated person, the inability
to secure information or the medical records of the regulated person, or indication of other
possible violations of the regulated person's practice act. The regulated person shall be
notified in writing by the program manager of any change in the person's program status.
A regulated person who has been terminated or discharged from the program may be
referred back to the program for monitoring.
    Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
the program manager that a regulated person has been discharged due to noncompliance
or voluntary withdrawal, when the appropriate licensing board has probable cause to
believe continued practice by the regulated person presents an imminent risk of harm, the
licensing board shall temporarily suspend the regulated person's professional license. The
suspension shall take effect upon written notice to the regulated person and shall specify
the reason for the suspension.
    (b) The suspension shall remain in effect until the appropriate licensing board
completes an investigation and issues a final order in the matter after a hearing.
    (c) At the time it issues the suspension notice, the appropriate licensing board shall
schedule a disciplinary hearing to be held before the licensing board or pursuant to the
Administrative Procedure Act. The regulated person shall be provided with at least
ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
scheduled to be no later than 30 days after issuance of the suspension order.
(d) This subdivision does not apply to the Office of Complementary and Alternative
Health Care Programs.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 46. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
    Subd. 3. Program manager. (a) The program manager shall report to the
appropriate participating board a regulated person who:
(1) does not meet program admission criteria,;
(2) violates the terms of the program participation agreement, or;
(3) leaves the program except upon fulfilling the terms for successful completion of
the program as set forth in the participation agreement.;
(4) is subject to the provisions of sections 214.17 to 214.25;
(5) caused identifiable patient harm;
(6) substituted or adulterated medications;
(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
name of a person or veterinary patient for personal use; or
The program manager shall report to the appropriate participating board a regulated
person who (8) is alleged to have committed violations of the person's practice act that
are outside the authority of the health professionals services program as described in
sections 214.31 to 214.37.
(b) The program manager shall inform any reporting person of the disposition of the
person's report to the program.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 47. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
to read:
    Subd. 5. Employer mandatory reporting. (a) An employer of a person licensed or
regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
health care institutions, and other organizations where the licensed or regulated health
care professional is engaged in providing services, shall report to the appropriate licensing
board that the licensee or regulated person has diverted narcotics or other controlled
substances in violation of state or federal narcotics or controlled substance law when:
(1) the employer or entity making the report has knowledge of the diversion; and
(2) the licensee or regulated person has diverted narcotics from the reporting
employer or organization or at the reporting institution.
(b) Subdivision 1 does not waive the requirement to report under this subdivision.
(c) The requirement to report under this subdivision does not apply:
(1) to licensees or regulated persons who are self-employed;
(2) if the knowledge was obtained in the course of a professional-patient relationship
and the patient is licensed or regulated by a health licensing board; or
(3) if knowledge of the diversion first becomes known to the employer, health care
institution, or other organization, either from:
(i) the licensee or regulated person who has self-reported to the health professional
services program and who has returned to work pursuant to the health professional
services program participation agreement and monitoring plan; or
(ii) an individual who is serving as a work site monitor approved by the health
professional services program for a person described in item (i).
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 48. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
Each health-related licensing board, including the Emergency Medical Services
Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
if a regulated person violates the terms of the health professionals services program
participation agreement or leaves the program except upon fulfilling the terms for
successful completion of the program as set forth in the participation agreement.
EFFECTIVE DATE.This section is effective July 1, 2014.

    Sec. 49. REVISOR'S INSTRUCTION.
(a) The revisor of statutes shall remove cross-references to the sections repealed in
this article wherever they appear in Minnesota Statutes and Minnesota Rules and make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
(b) The revisor of statutes shall change the term "physician's assistant" to "physician
assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.
EFFECTIVE DATE.Paragraph (a) is effective July 1, 2014.

    Sec. 50. REPEALER.
(a) Minnesota Statutes 2012, section 148.01, subdivision 3, and Minnesota Rules,
parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are repealed.
(b) Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed
effective July 1, 2014.
(c) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed the day
following final enactment.
(d) Minnesota Statutes 2012, sections 148.7808, subdivision 2; and 148.7813, are
repealed.

ARTICLE 5

BOARD OF PHARMACY

    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
151.01 DEFINITIONS.
    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of this chapter, shall be given the meanings subjoined to them.
    Subd. 2. Pharmacy. "Pharmacy" means an established a place of business in
which prescriptions, prescription drugs, medicines, chemicals, and poisons are prepared,
compounded, or dispensed, vended, or sold to or for the use of patients by or under
the supervision of a pharmacist and from which related clinical pharmacy services are
delivered.
    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a
pharmacy that has been issued a restricted license by the board to perform a limited range
of the activities that constitute the practice of pharmacy.
    Subd. 3. Pharmacist. The term "pharmacist" means an individual with a currently
valid license issued by the Board of Pharmacy to practice pharmacy.
    Subd. 5. Drug. The term "drug" means all medicinal substances and preparations
recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, vaccines and biologicals, and all substances and preparations intended for external
and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
humans or other animals, and all substances and preparations, other than food, intended to
affect the structure or any function of the bodies of humans or other animals. The term drug
shall also mean any compound, substance, or derivative that is not approved for human
consumption by the United States Food and Drug Administration or specifically permitted
for human consumption under Minnesota law that, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in
section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
regardless of whether the substance is marketed for the purpose of human consumption.
    Subd. 6. Medicine. The term "medicine" means any remedial agent that has the
property of curing, preventing, treating, or mitigating diseases, or that is used for that
purpose.
    Subd. 7. Poisons. The term "poisons" means any substance which that, when
introduced into the system, directly or by absorption, produces violent, morbid, or fatal
changes, or which that destroys living tissue with which it comes in contact.
    Subd. 8. Chemical. The term "chemical" means all medicinal or industrial
substances, whether simple or compound, or obtained through the process of the science
and art of chemistry, whether of organic or inorganic origin.
    Subd. 9. Board or State Board of Pharmacy. The term "board" or "State Board of
Pharmacy" means the Minnesota State Board of Pharmacy.
    Subd. 10. Director. The term "director" means the executive director of the
Minnesota State Board of Pharmacy.
    Subd. 11. Person. The term "person" means an individual, firm, partnership,
company, corporation, trustee, association, agency, or other public or private entity.
    Subd. 12. Wholesale. The term "wholesale" means and includes any sale for the
purpose of resale.
    Subd. 13. Commercial purposes. The phrase "commercial purposes" means the
ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
of medicine and, pharmacy, and other health care professions.
    Subd. 14. Manufacturing. The term "manufacturing" except in the case of bulk
compounding, prepackaging or extemporaneous compounding within a pharmacy, means
and includes the production, quality control and standardization by mechanical, physical,
chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
without exception, for medicinal purposes. preparation, propagation, conversion, or
processing of a drug, either directly or indirectly, by extraction from substances of natural
origin or independently by means of chemical or biological synthesis. Manufacturing
includes the packaging or repackaging of a drug, or the labeling or relabeling of
the container of a drug, for resale by pharmacies, practitioners, or other persons.
Manufacturing does not include the prepackaging, extemporaneous compounding, or
anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
dispensing a drug to a patient pursuant to a valid prescription.
    Subd. 14a. Manufacturer. The term "manufacturer" means any person engaged
in manufacturing.
    Subd. 14b. Outsourcing facility. "Outsourcing facility" means a facility that is
registered by the United States Food and Drug Administration pursuant to United States
Code, title 21, section 353b.
    Subd. 15. Pharmacist intern. The term "pharmacist intern" means (1) a natural
person satisfactorily progressing toward the degree in pharmacy required for licensure, or
(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
college approved by the board, who is registered by the State Board of Pharmacy for the
purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
or (3) a qualified applicant awaiting examination for licensure.
    Subd. 15a. Pharmacy technician. The term "pharmacy technician" means a person
not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
preparation and dispensing of medications by performing computer entry of prescription
data and other manipulative tasks. A pharmacy technician shall not perform tasks
specifically reserved to a licensed pharmacist or requiring professional judgment.
    Subd. 16. Prescription drug order. The term "prescription drug order" means a
signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
a practitioner licensed to prescribe drugs for patients in the course of the practitioner's
practice, issued for an individual patient and containing the following: the date of issue,
name and address of the patient, name and quantity of the drug prescribed, directions
for use, and the name and address of the prescriber. for a drug for a specific patient.
Prescription drug orders for controlled substances must be prepared in accordance with the
provisions of section 152.11 and the federal Controlled Substances Act and the regulations
promulgated thereunder.
    Subd. 16a. Prescription. The term "prescription" means a prescription drug order
that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an
electronic order. To be valid, a prescription must be issued for an individual patient by
a practitioner within the scope and usual course of the practitioner's practice, and must
contain the date of issue, name and address of the patient, name and quantity of the drug
prescribed, directions for use, the name and address of the practitioner, and a telephone
number at which the practitioner can be reached. A prescription written or printed on
paper that is given to the patient or an agent of the patient or that is transmitted by fax
must contain the practitioner's manual signature. An electronic prescription must contain
the practitioner's electronic signature.
    Subd. 16b. Chart order. The term "chart order" means a prescription drug order for
a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
supervision of a pharmacist, and administered by an authorized person only during the
patient's stay in a hospital or long-term care facility. The chart order shall contain the name
of the patient, another patient identifier such as birth date or medical record number, the
drug ordered, and any directions that the practitioner may prescribe concerning strength,
dosage, frequency, and route of administration. The manual or electronic signature of the
practitioner must be affixed to the chart order at the time it is written or at a later date in
the case of verbal chart orders.
    Subd. 17. Legend drug. "Legend drug" means a drug which that is required by
federal law to bear the following statement, "Caution: Federal law prohibits dispensing
without prescription." be dispensed only pursuant to the prescription of a licensed
practitioner.
    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter
upon the immediate container of any drug or medicine; and a requirement made by or
under authority of Laws 1969, chapter 933 that. Any word, statement, or other information
appearing required by or under the authority of this chapter to appear on the label shall not
be considered to be complied with unless such word, statement, or other information also
appears appear on the outside container or wrapper, if any there be, of the retail package of
such drug or medicine, or is be easily legible through the outside container or wrapper.
    Subd. 19. Package. "Package" means any container or wrapping in which any
drug or medicine is enclosed for use in the delivery or display of that article to retail
purchasers, but does not include:
(a) shipping containers or wrappings used solely for the transportation of any such
article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
retail distributors;
(b) shipping containers or outer wrappings used by retailers to ship or deliver any
such article to retail customers if such containers and wrappings bear no printed matter
pertaining to any particular drug or medicine.
    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or
graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
accompanying such article.
    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic
Act, United States Code, title 21, section 301, et seq., as amended.
    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed
pharmacist in the state of Minnesota who has been designated in accordance with the rules
of the State Board of Pharmacy to assume professional responsibility for the operation
of the pharmacy in compliance with the requirements and duties as established by the
board in its rules.
    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs
(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to
prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
authorized to prescribe, dispense, and administer under section 148.235. For purposes of
sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph
(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and
administer under chapter 150A.
    Subd. 24. Brand name. "Brand name" means the registered trademark name given
to a drug product by its manufacturer, labeler or distributor.
    Subd. 25. Generic name. "Generic name" means the established name or official
name of a drug or drug product.
    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a
drug which that is or is intended to be dispensed or administered to the patient and requires
no further manufacturing or processing other than packaging, reconstitution, or labeling.
    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
    (1) interpretation and evaluation of prescription drug orders;
    (2) compounding, labeling, and dispensing drugs and devices (except labeling by
a manufacturer or packager of nonprescription drugs or commercially packaged legend
drugs and devices);
    (3) participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs;
    (4) participation in drug and therapeutic device selection; drug administration for first
dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
    (5) participation in administration of influenza vaccines to all eligible individuals ten
years of age and older and all other vaccines to patients 18 years of age and older under
standing orders from a physician licensed under chapter 147 or by written protocol with a
physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under
section 148.235, provided that:
(i) the protocol includes, at a minimum:
(A) the name, dose, and route of each vaccine that may be given;
(B) the patient population for whom the vaccine may be given;
(C) contraindications and precautions to the vaccine;
(D) the procedure for handling an adverse reaction;
(E) the name, signature, and address of the physician, physician assistant, or
advanced practice nurse;
(F) a telephone number at which the physician, physician assistant, or advanced
practice nurse can be contacted; and
(G) the date and time period for which the protocol is valid;
    (i) (ii) the pharmacist is trained in has successfully completed a program approved
by the American Accreditation Council of Pharmaceutical for Pharmacy Education
specifically for the administration of immunizations or graduated from a college of
pharmacy in 2001 or thereafter a program approved by the board; and
    (ii) (iii) the pharmacist reports the administration of the immunization to the patient's
primary physician or clinic or to the Minnesota Immunization Information Connection; and
(iv) the pharmacist complies with guidelines for vaccines and immunizations
established by the federal Advisory Committee on Immunization Practices, except that a
pharmacist does not need to comply with those portions of the guidelines that establish
immunization schedules when administering a vaccine pursuant to a valid, patient-specific
order issued by a physician licensed under chapter 147, a physician assistant authorized to
prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
drugs under section 148.235, provided that the order is consistent with the United States
Food and Drug Administration approved labeling of the vaccine;
    (6) participation in the practice of managing drug therapy and modifying initiation,
management, modification, and discontinuation of drug therapy, according to section
151.21, subdivision 1, according to a written protocol or collaborative practice agreement
between the specific pharmacist: (i) one or more pharmacists and the individual dentist,
optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
care and authorized to independently prescribe drugs one or more dentists, optometrists,
physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
or advanced practice nurses authorized to prescribe, dispense, and administer under
section 148.235. Any significant changes in drug therapy made pursuant to a protocol or
collaborative practice agreement must be reported documented by the pharmacist to in
the patient's medical record or reported by the pharmacist to a practitioner responsible
for the patient's care;
    (7) participation in the storage of drugs and the maintenance of records;
    (8) responsibility for participation in patient counseling on therapeutic values,
content, hazards, and uses of drugs and devices; and
    (9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.
    Subd. 27a. Protocol. "Protocol" means:
(1) a specific written plan that describes the nature and scope of activities that a
pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
therapy as allowed in subdivision 27, clause (6); or
(2) a specific written plan that authorizes a pharmacist to administer vaccines and
that complies with subdivision 27, clause (5).
    Subd. 27b. Collaborative practice. "Collaborative practice" means patient care
activities, consistent with subdivision 27, engaged in by one or more pharmacists who
have agreed to work in collaboration with one or more practitioners to initiate, manage,
and modify drug therapy under specified conditions mutually agreed to by the pharmacists
and practitioners.
    Subd. 27c. Collaborative practice agreement. "Collaborative practice agreement"
means a written and signed agreement between one or more pharmacists and one or more
practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is
required by federal law to bear the following statement: "Caution: Federal law restricts
this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant
to the prescription of a licensed veterinarian.
    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous
substance used for medical purposes and that is required by federal law to bear the
following statement: "Caution: Federal law prohibits dispensing without a prescription."
be dispensed only pursuant to the prescription of a licensed practitioner.
    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation
or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
appropriately labeled for subsequent administration to or use by a patient or other individual
entitled to receive the drug. interpretation, evaluation, and processing of a prescription
drug order and includes those processes specified by the board in rule that are necessary
for the preparation and provision of a drug to a patient or patient's agent in a suitable
container appropriately labeled for subsequent administration to, or use by, a patient.
    Subd. 31. Central service pharmacy. "Central service pharmacy" means a
pharmacy that may provide dispensing functions, drug utilization review, packaging,
labeling, or delivery of a prescription product to another pharmacy for the purpose of
filling a prescription.
    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound,
symbol, or process attached to or associated with a record and executed or adopted by a
person with the intent to sign the record.
    Subd. 33. Electronic transmission. "Electronic transmission" means transmission
of information in electronic form.
    Subd. 34. Health professional shortage area. "Health professional shortage area"
means an area designated as such by the federal Secretary of Health and Human Services,
as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
title 42, section 254E.
    Subd. 35. Compounding. "Compounding" means preparing, mixing, assembling,
packaging, and labeling a drug for an identified individual patient as a result of
a practitioner's prescription drug order. Compounding also includes anticipatory
compounding, as defined in this section, and the preparation of drugs in which all bulk
drug substances and components are nonprescription substances. Compounding does
not include mixing or reconstituting a drug according to the product's labeling or to the
manufacturer's directions. Compounding does not include the preparation of a drug for the
purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
is not prepared for dispensing or administration to patients. All compounding, regardless
of the type of product, must be done pursuant to a prescription drug order unless otherwise
permitted in this chapter or by the rules of the board.
    Subd. 36. Anticipatory compounding. "Anticipatory compounding" means the
preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
meet the short-term anticipated need of the pharmacy for the filling of prescription drug
orders. In the case of practitioners only, anticipatory compounding means the preparation
of a supply of a compounded drug product that is sufficient to meet the practitioner's
short-term anticipated need for dispensing or administering the drug to patients treated
by the practitioner. Anticipatory compounding is not the preparation of a compounded
drug product for wholesale distribution.
    Subd. 37. Extemporaneous compounding. "Extemporaneous compounding"
means the compounding of a drug product pursuant to a prescription drug order for a specific
patient that is issued in advance of the compounding. Extemporaneous compounding is
not the preparation of a compounded drug product for wholesale distribution.
    Subd. 38. Compounded positron emission tomography drug. "Compounded
positron emission tomography drug" means a drug that:
(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
positrons and is used for the purpose of providing dual photon positron emission
tomographic diagnostic images;
(2) has been compounded by or on the order of a practitioner in accordance with the
relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
teaching, or quality control; and
(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
accelerator, target material, electronic synthesizer, or other apparatus or computer program
to be used in the preparation of such a drug.

    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
151.06 POWERS AND DUTIES.
    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
shall have the power and it shall be its duty:
    (1) to regulate the practice of pharmacy;
    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
dispensed in this state, using the United States Pharmacopeia and the National Formulary,
or any revisions thereof, or standards adopted under the federal act as the standard;
    (4) to enter and inspect by its authorized representative any and all places where
drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
after paying or offering to pay for such sample; it shall be entitled to inspect and make
copies of any and all records of shipment, purchase, manufacture, quality control, and
sale of these items provided, however, that such inspection shall not extend to financial
data, sales data, or pricing data;
    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
to be such;
    (6) to license wholesale drug distributors;
    (7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any
registration or license required under this chapter, to any applicant or registrant or licensee
upon any of the following grounds: listed in section 151.071, and in accordance with
the provisions of section 151.071;
    (i) fraud or deception in connection with the securing of such license or registration;
    (ii) in the case of a pharmacist, conviction in any court of a felony;
    (iii) in the case of a pharmacist, conviction in any court of an offense involving
moral turpitude;
    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
or habitual indulgence in intoxicating liquors in a manner which could cause conduct
endangering public health;
    (v) unprofessional conduct or conduct endangering public health;
    (vi) gross immorality;
    (vii) employing, assisting, or enabling in any manner an unlicensed person to
practice pharmacy;
    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
    (ix) violation of any of the provisions of this chapter or any of the rules of the State
Board of Pharmacy;
    (x) in the case of a pharmacy license, operation of such pharmacy without a
pharmacist present and on duty;
    (xi) in the case of a pharmacist, physical or mental disability which could cause
incompetency in the practice of pharmacy;
    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
pharmacy in another state; or
    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
violation of section 609.215 as established by any of the following:
    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
    (B) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
    (C) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5 ; or
    (D) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2;
    (8) to employ necessary assistants and adopt rules for the conduct of its business;
    (9) to register as pharmacy technicians all applicants who the board determines are
qualified to carry out the duties of a pharmacy technician; and
    (10) to perform such other duties and exercise such other powers as the provisions of
the act may require.; and
(11) to enter and inspect any business to which it issues a license or registration.
    (b) Temporary suspension. In addition to any other remedy provided by law, the board
may, without a hearing, temporarily suspend a license for not more than 60 days if the board
finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
and continued practice by the pharmacist would create an imminent risk of harm to others.
The suspension shall take effect upon written notice to the pharmacist, specifying the
statute or rule violated. At the time it issues the suspension notice, the board shall schedule
a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
shall be provided with at least 20 days' notice of any hearing held under this subdivision.
    (c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make
and publish uniform rules not inconsistent herewith for carrying out and enforcing
the provisions of this chapter. The board shall adopt rules regarding prospective drug
utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
the pharmacist's professional judgment, upon the presentation of a new prescription by a
patient or the patient's caregiver or agent, shall perform the prospective drug utilization
review required by rules issued under this subdivision.
(d) (c) Substitution; rules. If the United States Food and Drug Administration
(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
seizures poses a health risk to patients, the board shall adopt rules in accordance with
accompanying FDA interchangeability standards regarding the use of substitution for
these drugs. If the board adopts a rule regarding the substitution of drugs used for the
treatment of epilepsy or seizures that conflicts with the substitution requirements of
section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule
proposed by the board would increase state costs for state public health care programs,
the board shall report to the chairs and ranking minority members of the senate Health
and Human Services Budget Division and the house of representatives Health Care and
Human Services Finance Division the proposed rule and the increased cost associated
with the proposed rule before the board may adopt the rule.
    Subd. 1a. Disciplinary action Cease and desist orders. It shall be grounds for
disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
the Board of Pharmacy determines that any person with supervisory responsibilities at the
pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
review and patient counseling as required by rules adopted under subdivision 1. The
Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
taken under this section. (a) Whenever it appears to the board that a person has engaged in
an act or practice constituting a violation of a law, rule, or other order related to the duties
and responsibilities entrusted to the board, the board may issue and cause to be served
upon the person an order requiring the person to cease and desist from violations.
(b) The cease and desist order must state the reasons for the issuance of the order
and must give reasonable notice of the rights of the person to request a hearing before
an administrative law judge. A hearing must be held not later than ten days after the
request for the hearing is received by the board. After the completion of the hearing,
the administrative law judge shall issue a report within ten days. Within 15 days after
receiving the report of the administrative law judge, the board shall issue a further order
vacating or making permanent the cease and desist order. The time periods provided in
this provision may be waived by agreement of the executive director of the board and the
person against whom the cease and desist order was issued. If the person to whom a cease
and desist order is issued fails to appear at the hearing after being duly notified, the person
is in default, and the proceeding may be determined against that person upon consideration
of the cease and desist order, the allegations of which may be considered to be true. Unless
otherwise provided, all hearings must be conducted according to chapter 14. The board
may adopt rules of procedure concerning all proceedings conducted under this subdivision.
(c) If no hearing is requested within 30 days of service of the order, the cease and
desist order will become permanent.
(d) A cease and desist order issued under this subdivision remains in effect until
it is modified or vacated by the board. The administrative proceeding provided by this
subdivision, and subsequent appellate judicial review of that administrative proceeding,
constitutes the exclusive remedy for determining whether the board properly issued the
cease and desist order and whether the cease and desist order should be vacated or made
permanent.
    Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever
the board under subdivision 1a seeks to enforce compliance with a cease and desist
order that has been made permanent, the allegations of the cease and desist order are
considered conclusively established for purposes of proceeding under subdivision 1a for
permanent or temporary relief to enforce the cease and desist order. Whenever the board
under subdivision 1a seeks to enforce compliance with a cease and desist order when a
hearing or hearing request on the cease and desist order is pending, or the time has not
yet expired to request a hearing on whether a cease and desist order should be vacated or
made permanent, the allegations in the cease and desist order are considered conclusively
established for the purposes of proceeding under subdivision 1a for temporary relief to
enforce the cease and desist order.
(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
the cease and desist order is issued and who has requested a hearing under subdivision 1a
may, within 15 days after service of the cease and desist order, bring an action in Ramsey
County District Court for issuance of an injunction to suspend enforcement of the cease
and desist order pending a final decision of the board under subdivision 1a to vacate or
make permanent the cease and desist order. The court shall determine whether to issue
such an injunction based on traditional principles of temporary relief.
    Subd. 2. Application. In the case of a facility licensed or registered by the board,
the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
shall also apply to the following:
(1) In the case of a partnership, each partner thereof;
(2) In the case of an association, each member thereof;
(3) In the case of a corporation, each officer or director thereof and each shareholder
owning 30 percent or more of the voting stock of such corporation.
    Subd. 3. Application of Administrative Procedure Act. The board shall comply
with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
license or registration issued under this chapter.
    Subd. 4. Reinstatement. Any license or registration which has been suspended
or revoked may be reinstated by the board provided the holder thereof shall pay all costs
of the proceedings resulting in the suspension or revocation, and, in addition thereto,
pay a fee set by the board.
    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding
$10,000 for each separate violation, the amount of the civil penalty to be fixed so as
to deprive a licensee or registrant of any economic advantage gained by reason of
the violation, to discourage similar violations by the licensee or registrant or any other
licensee or registrant, or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members.

    Sec. 3. [151.071] DISCIPLINARY ACTION.
    Subdivision 1. Forms of disciplinary action. When the board finds that a licensee,
registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
do one or more of the following:
(1) deny the issuance of a license or registration;
(2) refuse to renew a license or registration;
(3) revoke the license or registration;
(4) suspend the license or registration;
(5) impose limitations, conditions, or both on the license or registration, including
but not limited to: the limitation of practice to designated settings; the limitation of the
scope of practice within designated settings; the imposition of retraining or rehabilitation
requirements; the requirement of practice under supervision; the requirement of
participation in a diversion program such as that established pursuant to section 214.31
or the conditioning of continued practice on demonstration of knowledge or skills by
appropriate examination or other review of skill and competence;
(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
economic advantage gained by reason of the violation, to discourage similar violations
by the licensee or registrant or any other licensee or registrant, or to reimburse the board
for the cost of the investigation and proceeding, including but not limited to, fees paid
for services provided by the Office of Administrative Hearings, legal and investigative
services provided by the Office of the Attorney General, court reporters, witnesses,
reproduction of records, board members' per diem compensation, board staff time, and
travel costs and expenses incurred by board staff and board members; and
(7) reprimand the licensee or registrant.
    Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and
is grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for a license
or registration contained in this chapter or the rules of the board. The burden of proof is on
the applicant to demonstrate such qualifications or satisfaction of such requirements;
(2) obtaining a license by fraud or by misleading the board in any way during
the application process or obtaining a license by cheating, or attempting to subvert
the licensing examination process. Conduct that subverts or attempts to subvert the
licensing examination process includes, but is not limited to: (i) conduct that violates the
security of the examination materials, such as removing examination materials from the
examination room or having unauthorized possession of any portion of a future, current,
or previously administered licensing examination; (ii) conduct that violates the standard of
test administration, such as communicating with another examinee during administration
of the examination, copying another examinee's answers, permitting another examinee
to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
examinee or permitting an impersonator to take the examination on one's own behalf;
(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
intern registration, conviction of a felony reasonably related to the practice of pharmacy.
Conviction as used in this subdivision includes a conviction of an offense that if committed
in this state would be deemed a felony without regard to its designation elsewhere, or
a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered thereon. The board may delay the
issuance of a new license or registration if the applicant has been charged with a felony
until the matter has been adjudicated;
(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
owner or applicant is convicted of a felony reasonably related to the operation of the
facility. The board may delay the issuance of a new license or registration if the owner or
applicant has been charged with a felony until the matter has been adjudicated;
(5) for a controlled substance researcher, conviction of a felony reasonably related
to controlled substances or to the practice of the researcher's profession. The board may
delay the issuance of a registration if the applicant has been charged with a felony until
the matter has been adjudicated;
(6) disciplinary action taken by another state or by one of this state's health licensing
agencies:
(i) revocation, suspension, restriction, limitation, or other disciplinary action against
a license or registration in another state or jurisdiction, failure to report to the board that
charges or allegations regarding the person's license or registration have been brought in
another state or jurisdiction, or having been refused a license or registration by any other
state or jurisdiction. The board may delay the issuance of a new license or registration if
an investigation or disciplinary action is pending in another state or jurisdiction until the
investigation or action has been dismissed or otherwise resolved; and
(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
a license or registration issued by another of this state's health licensing agencies, failure
to report to the board that charges regarding the person's license or registration have been
brought by another of this state's health licensing agencies, or having been refused a
license or registration by another of this state's health licensing agencies. The board may
delay the issuance of a new license or registration if a disciplinary action is pending before
another of this state's health licensing agencies until the action has been dismissed or
otherwise resolved;
(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
of any order of the board, of any of the provisions of this chapter or any rules of the
board or violation of any federal, state, or local law or rule reasonably pertaining to the
practice of pharmacy;
(8) for a facility, other than a pharmacy, licensed by the board, violations of any
order of the board, of any of the provisions of this chapter or the rules of the board or
violation of any federal, state, or local law relating to the operation of the facility;
(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
of a patient; or pharmacy practice that is professionally incompetent, in that it may create
unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
that it is not a violation of this clause for a pharmacist to supervise a properly registered
pharmacy technician or pharmacist intern if that person is performing duties allowed
by this chapter or the rules of the board;
(11) for an individual licensed or registered by the board, adjudication as mentally ill
or developmentally disabled, or as a chemically dependent person, a person dangerous
to the public, a sexually dangerous person, or a person who has a sexual psychopathic
personality, by a court of competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a license for the duration thereof unless the
board orders otherwise;
(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
specified in board rules that would be unprofessional if it were engaged in by a pharmacist
or pharmacist intern or performing duties specifically reserved for pharmacists under this
chapter or the rules of the board;
(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
duty except as allowed by a variance approved by the board;
(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
any other type of material or as a result of any mental or physical condition, including
deterioration through the aging process or loss of motor skills. In the case of registered
pharmacy technicians, pharmacist interns, or controlled substance researchers, the
inability to carry out duties allowed under this chapter or the rules of the board with
reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
narcotics, chemicals, or any other type of material or as a result of any mental or physical
condition, including deterioration through the aging process or loss of motor skills;
(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
gas distributor, or controlled substance researcher, revealing a privileged communication
from or relating to a patient except when otherwise required or permitted by law;
(16) for a pharmacist or pharmacy, improper management of patient records,
including failure to maintain adequate patient records, to comply with a patient's request
made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
required by law;
(17) fee splitting, including without limitation:
(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
and
(ii) referring a patient to any health care provider as defined in sections 144.291 to
144.298 in which the licensee or registrant has a financial or economic interest as defined
in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the
licensee's or registrant's financial or economic interest in accordance with section 144.6521;
(18) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws or rules;
(19) engaging in conduct with a patient that is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient;
(20) failure to make reports as required by section 151.072 or to cooperate with an
investigation of the board as required by section 151.074;
(21) knowingly providing false or misleading information that is directly related
to the care of a patient unless done for an accepted therapeutic purpose such as the
dispensing and administration of a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2;
(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
For a pharmacist intern, pharmacy technician, or controlled substance researcher,
performing duties permitted to such individuals by this chapter or the rules of the board
under a lapsed or nonrenewed registration. For a facility required to be licensed under this
chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or
discharge from the health professionals services program for reasons other than the
satisfactory completion of the program.
    Subd. 3. Automatic suspension. (a) A license or registration issued under this
chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
other than the minority of the licensee or registrant; or (2) the licensee or registrant is
committed by order of a court pursuant to chapter 253B. The license or registration
remains suspended until the licensee is restored to capacity by a court and, upon petition
by the licensee or registrant, the suspension is terminated by the board after a hearing.
(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
of pharmacy, the license or registration of the regulated person may be automatically
suspended by the board. The license or registration will remain suspended until, upon
petition by the regulated individual and after a hearing, the suspension is terminated by
the board. The board may indefinitely suspend or revoke the license or registration of the
regulated individual if, after a hearing before the board, the board finds that the felonious
conduct would cause a serious risk of harm to the public.
(c) For a facility that is licensed or registered by the board, upon notice to the
board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
a felony reasonably related to the operation of the facility, the license or registration of
the facility may be automatically suspended by the board. The license or registration will
remain suspended until, upon petition by the facility and after a hearing, the suspension
is terminated by the board. The board may indefinitely suspend or revoke the license or
registration of the facility if, after a hearing before the board, the board finds that the
felonious conduct would cause a serious risk of harm to the public.
(d) For licenses and registrations that have been suspended or revoked pursuant
to paragraphs (a) and (b), the regulated individual may have a license or registration
reinstated, either with or without restrictions, by demonstrating clear and convincing
evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
the conviction subsequently overturned by court decision, the board shall conduct a
hearing to review the suspension within 30 days after the receipt of the court decision.
The regulated individual is not required to prove rehabilitation if the subsequent court
decision overturns previous court findings of public risk.
(e) For licenses and registrations that have been suspended or revoked pursuant to
paragraph (c), the regulated facility may have a license or registration reinstated, either with
or without restrictions, conditions, or limitations, by demonstrating clear and convincing
evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
convicted owner has the conviction subsequently overturned by court decision, the board
shall conduct a hearing to review the suspension within 30 days after receipt of the court
decision. The regulated facility is not required to prove rehabilitation of the convicted
owner if the subsequent court decision overturns previous court findings of public risk.
(f) The board may, upon majority vote of a quorum of its appointed members,
suspend the license or registration of a regulated individual without a hearing if the
regulated individual fails to maintain a current name and address with the board, as
described in paragraphs (h) and (i), while the regulated individual is: (1) under board
investigation, and a notice of conference has been issued by the board; (2) party to a
contested case with the board; (3) party to an agreement for corrective action with the
board; or (4) under a board order for disciplinary action. The suspension shall remain
in effect until lifted by the board to the board's receipt of a petition from the regulated
individual, along with the current name and address of the regulated individual.
(g) The board may, upon majority vote of a quorum of its appointed members,
suspend the license or registration of a regulated facility without a hearing if the regulated
facility fails to maintain a current name and address of the owner of the facility with the
board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
board investigation, and a notice of conference has been issued by the board; (2) party
to a contested case with the board; (3) party to an agreement for corrective action with
the board; or (4) under a board order for disciplinary action. The suspension shall remain
in effect until lifted by the board pursuant to the board's receipt of a petition from the
regulated facility, along with the current name and address of the owner of the facility.
(h) An individual licensed or registered by the board shall maintain a current name
and home address with the board and shall notify the board in writing within 30 days of
any change in name or home address. An individual regulated by the board shall also
maintain a current business address with the board as required by section 214.073. For
an individual, if a name change only is requested, the regulated individual must request
a revised license or registration. The board may require the individual to substantiate
the name change by submitting official documentation from a court of law or agency
authorized under law to receive and officially record a name change. In the case of an
individual, if an address change only is requested, no request for a revised license or
registration is required. If the current license or registration of an individual has been lost,
stolen, or destroyed, the individual shall provide a written explanation to the board.
(i) A facility licensed or registered by the board shall maintain a current name and
address with the board. A facility shall notify the board in writing within 30 days of any
change in name. A facility licensed or registered by the board but located outside of the
state must notify the board within 30 days of an address change. A facility licensed or
registered by the board and located within the state must notify the board at least 60
days in advance of a change of address that will result from the move of the facility to a
different location and must pass an inspection at the new location as required by the board.
If the current license or registration of a facility has been lost, stolen, or destroyed, the
facility shall provide a written explanation to the board.
    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
qualification, or restriction of a license or registration shall be in effect pending
determination of an appeal.
    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
and reissue a license or registration issued under this chapter, but as a condition thereof
may impose any disciplinary or corrective measure that it might originally have imposed.
    Subd. 6. Temporary suspension of license for pharmacists. In addition to any
other remedy provided by law, the board may, without a hearing, temporarily suspend the
license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
that the board is empowered to enforce and continued practice by the pharmacist would
create a serious risk of harm to the public. The suspension shall take effect upon written
notice to the pharmacist, specifying the statute or rule violated. The suspension shall
remain in effect until the board issues a final order in the matter after a hearing. At the
time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
be scheduled to begin no later than 30 days after the issuance of the suspension order.
    Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy
technicians, and controlled substance researchers. In addition to any other remedy
provided by law, the board may, without a hearing, temporarily suspend the registration of
a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
finds that the registrant has violated a statute or rule that the board is empowered to enforce
and continued registration of the registrant would create a serious risk of harm to the
public. The suspension shall take effect upon written notice to the registrant, specifying
the statute or rule violated. The suspension shall remain in effect until the board issues a
final order in the matter after a hearing. At the time it issues the suspension notice, the
board shall schedule a disciplinary hearing to be held pursuant to the Administrative
Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
later than 30 days after the issuance of the suspension order.
    Subd. 8. Temporary suspension of license for pharmacies, drug wholesalers,
drug manufacturers, medical gas manufacturers, and medical gas distributors.
In addition to any other remedy provided by law, the board may, without a hearing,
temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
that the licensee or registrant has violated a statute or rule that the board is empowered
to enforce and continued operation of the licensed facility would create a serious risk of
harm to the public. The suspension shall take effect upon written notice to the licensee or
registrant, specifying the statute or rule violated. The suspension shall remain in effect
until the board issues a final order in the matter after a hearing. At the time it issues the
suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
the Administrative Procedure Act. The licensee or registrant shall be provided with at
least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
scheduled to begin no later than 30 days after the issuance of the suspension order.
    Subd. 9. Evidence. In disciplinary actions alleging a violation of subdivision 2,
clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered the same shall be admissible
into evidence without further authentication and shall constitute prima facie evidence
of the contents thereof.
    Subd. 10. Mental or physical examination. If the board has probable cause to
believe that an individual licensed or registered by the board falls under subdivision 2,
clause (14), it may direct the individual to submit to a mental or physical examination.
For the purpose of this subdivision, every licensed or registered individual is deemed to
have consented to submit to a mental or physical examination when directed in writing by
the board and further to have waived all objections to the admissibility of the examining
practitioner's testimony or examination reports on the grounds that the same constitute
a privileged communication. Failure of a licensed or registered individual to submit to
an examination when directed constitutes an admission of the allegations against the
individual, unless the failure was due to circumstances beyond the individual's control, in
which case a default and final order may be entered without the taking of testimony or
presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that they can resume the competent
practice of the profession of pharmacy with reasonable skill and safety to the public.
Pharmacist interns, pharmacy technicians, or controlled substance researchers affected
under this paragraph shall at reasonable intervals be given an opportunity to demonstrate
that they can competently resume the duties that can be performed, under this chapter or
the rules of the board, by similarly registered persons with reasonable skill and safety to
the public. In any proceeding under this paragraph, neither the record of proceedings nor
the orders entered by the board shall be used against a licensed or registered individual
in any other proceeding.
    Subd. 11. Tax clearance certificate. (a) In addition to the provisions of subdivision
1, the board may not issue or renew a license or registration if the commissioner of
revenue notifies the board and the licensee or applicant for a license that the licensee or
applicant owes the state delinquent taxes in the amount of $500 or more. The board may
issue or renew the license or registration only if (1) the commissioner of revenue issues a
tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
applicant forwards a copy of the clearance to the board. The commissioner of revenue
may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
the state any uncontested delinquent taxes.
(b) For purposes of this subdivision, the following terms have the meanings given.
(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
and interest due on those taxes.
(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
action that contests the amount or validity of the liability has been filed or served, (ii) the
appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
has entered into a payment agreement to pay the liability and is current with the payments.
(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
registrant, or applicant is required to obtain a clearance certificate under this subdivision,
a contested case hearing must be held if the licensee or applicant requests a hearing in
writing to the commissioner of revenue within 30 days of the date of the notice provided
in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
to the contrary, the licensee or applicant must be served with 20 days' notice in writing
specifying the time and place of the hearing and the allegations against the licensee or
applicant. The notice may be served personally or by mail.
(d) A licensee or applicant must provide the licensee's or applicant's Social Security
number and Minnesota business identification number on all license applications. Upon
request of the commissioner of revenue, the board must provide to the commissioner of
revenue a list of all licensees and applicants that includes the licensee's or applicant's
name, address, Social Security number, and business identification number. The
commissioner of revenue may request a list of the licensees and applicants no more than
once each calendar year.
    Subd. 12. Limitation. No board proceeding against a regulated person or facility
shall be instituted unless commenced within seven years from the date of the commission
of some portion of the offense or misconduct complained of except for alleged violations
of subdivision 2, clause (21).

    Sec. 4. [151.072] REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person who has knowledge of any conduct
constituting grounds for discipline under the provisions of this chapter or the rules of the
board may report the violation to the board.
    Subd. 2. Pharmacies. A pharmacy located in this state must report to the board any
discipline that is related to an incident involving conduct that would constitute grounds
for discipline under the provisions of this chapter or the rules of the board, that is taken
by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
pharmacy technician, including the termination of employment of the individual or the
revocation, suspension, restriction, limitation, or conditioning of an individual's ability
to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
any disciplinary proceeding, or prior to the commencement of formal charges but after the
individual had knowledge that formal charges were contemplated or in preparation. Each
report made under this subdivision must state the nature of the action taken and state in
detail the reasons for the action. Failure to report violations as required by this subdivision
is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
    Subd. 3. Licensees and registrants of the board. A licensee or registrant of
the board shall report to the board personal knowledge of any conduct that the person
reasonably believes constitutes grounds for disciplinary action under this chapter or
the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
controlled substance researcher, including any conduct indicating that the person may be
professionally incompetent, or may have engaged in unprofessional conduct or may be
medically or physically unable to engage safely in the practice of pharmacy or to carry
out the duties permitted to the person by this chapter or the rules of the board. Failure
to report violations as required by this subdivision is a basis for discipline pursuant to
section 151.071, subdivision 2, clause (20).
    Subd. 4. Self-reporting. A licensee or registrant of the board shall report to the
board any personal action that would require that a report be filed with the board pursuant
to subdivision 2.
    Subd. 5. Deadlines; forms. Reports required by subdivisions 2 to 4 must be
submitted not later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to assure prompt and accurate reporting.
    Subd. 6. Subpoenas. The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 4 or any related documents.

    Sec. 5. [151.073] IMMUNITY.
Any person, health care facility, business, or organization is immune from civil
liability or criminal prosecution for submitting in good faith a report to the board under
section 151.072 or for otherwise reporting in good faith to the board violations or alleged
violations of this chapter or the rules of the board. All such reports are investigative
data pursuant to chapter 13.

    Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
An individual who is licensed or registered by the board, who is the subject of an
investigation by or on behalf of the board, shall cooperate fully with the investigation.
An owner or employee of a facility that is licensed or registered by the board, when the
facility is the subject of an investigation by or on behalf of the board, shall cooperate
fully with the investigation. Cooperation includes responding fully and promptly to any
question raised by, or on behalf of, the board relating to the subject of the investigation and
providing copies of patient pharmacy records and other relevant records, as reasonably
requested by the board, to assist the board in its investigation. The board shall maintain
any records obtained pursuant to this section as investigative data pursuant to chapter 13.

    Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court shall seal the administrative record, except for the board's final decision,
and shall not make the administrative record available to the public.

    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
151.211 RECORDS OF PRESCRIPTIONS.
    Subdivision 1. Retention of prescription drug orders. All prescriptions dispensed
prescription drug orders shall be kept on file at the location in from which such dispensing
occurred of the ordered drug occurs for a period of at least two years. Prescription drug
orders that are electronically prescribed must be kept on file in the format in which
they were originally received. Written or printed prescription drug orders and verbal
prescription drug orders reduced to writing, must be kept on file as received or transcribed,
except that such orders may be kept in an electronic format as allowed by the board.
Electronic systems used to process and store prescription drug orders must be compliant
with the requirements of this chapter and the rules of the board. Prescription drug orders
that are stored in an electronic format, as permitted by this subdivision, may be kept on
file at a remote location provided that they are readily and securely accessible from the
location at which dispensing of the ordered drug occurred.
    Subd. 2. Refill requirements. No A prescription shall drug order may be refilled
except only with the written, electronic, or verbal consent of the prescriber and in
accordance with the requirements of this chapter, the rules of the board, and where
applicable, section 152.11. The date of such refill must be recorded and initialed upon
the original prescription drug order, or within the electronically maintained record of the
original prescription drug order, by the pharmacist, pharmacist intern, or practitioner
who refills the prescription.

    Sec. 9. [151.251] COMPOUNDING.
    Subdivision 1. Exemption from manufacturing licensure requirement. Section
151.252 shall not apply to:
(1) a practitioner engaged in extemporaneous compounding, anticipatory
compounding, or compounding not done pursuant to a prescription drug order when
permitted by this chapter or the rules of the board; and
(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
anticipatory compounding, or compounding not done pursuant to a prescription drug order
when permitted by this chapter or the rules of the board.
    Subd. 2. Compounded drug. A drug product may be compounded under this
section if a pharmacist or practitioner:
(a) compounds the drug product using bulk drug substances, as defined in the federal
regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
(1) that:
(i) comply with the standards of an applicable United States Pharmacopoeia
or National Formulary monograph, if a monograph exists, and the United States
Pharmacopoeia chapter on pharmacy compounding;
(ii) if such a monograph does not exist, are drug substances that are components of
drugs approved for use in this country by the United States Food and Drug Administration;
or
(iii) if such a monograph does not exist and the drug substance is not a component of
a drug approved for use in this country by the United States Food and Drug Administration,
that appear on a list developed by the United States Food and Drug Administration through
regulations issued by the secretary of the federal Department of Health and Human Services
pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
(2) that are manufactured by an establishment that is registered under section 360
of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
registered under section 360(i) of that act; and
(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
(b) compounds the drug product using ingredients, other than bulk drug substances,
that comply with the standards of an applicable United States Pharmacopoeia or National
Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
chapters on pharmacy compounding;
(c) does not compound a drug product that appears on a list published by the secretary
of the federal Department of Health and Human Services in the Federal Register of drug
products that have been withdrawn or removed from the market because such drug products
or components of such drug products have been found to be unsafe or not effective;
(d) does not compound any drug products that are essentially copies of a
commercially available drug product; and
(e) does not compound any drug product that has been identified pursuant to
United States Code, title 21, section 353a, as a drug product that presents demonstrable
difficulties for compounding that reasonably demonstrate an adverse effect on the safety
or effectiveness of that drug product.
The term "essentially a copy of a commercially available drug product" does not
include a drug product in which there is a change, made for an identified individual
patient, that produces for that patient a significant difference, as determined by the
prescribing practitioner, between the compounded drug and the comparable commercially
available drug product.
    Subd. 3. Exceptions. This section shall not apply to:
(1) compounded positron emission tomography drugs as defined in section 151.01,
subdivision 38; or
(2) radiopharmaceuticals.

    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
a subdivision to read:
    Subd. 1a. Outsourcing facility. (a) No person shall act as an outsourcing facility
without first obtaining a license from the board and paying any applicable manufacturer
licensing fee specified in section 151.065.
(b) Application for an outsourcing facility license under this section shall be made
in a manner specified by the board and may differ from the application required of other
drug manufacturers.
(c) No license shall be issued or renewed for an outsourcing facility unless the
applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
state law and according to Minnesota Rules.
(d) No license shall be issued or renewed for an outsourcing facility unless the
applicant supplies the board with proof of such registration by the United States Food and
Drug Administration as required by United States Code, title 21, section 353b.
(e) No license shall be issued or renewed for an outsourcing facility that is required
to be licensed or registered by the state in which it is physically located unless the
applicant supplies the board with proof of such licensure or registration. The board may
establish, by rule, standards for the licensure of an outsourcing facility that is not required
to be licensed or registered by the state in which it is physically located.
(f) The board shall require a separate license for each outsourcing facility located
within the state and for each outsourcing facility located outside of the state at which drugs
that are shipped into the state are prepared.
(g) The board shall not issue an initial or renewed license for an outsourcing facility
unless the facility passes an inspection conducted by an authorized representative of the
board. In the case of an outsourcing facility located outside of the state, the board may
require the applicant to pay the cost of the inspection, in addition to the license fee in
section 151.065, unless the applicant furnishes the board with a report, issued by the
appropriate regulatory agency of the state in which the facility is located or by the United
States Food and Drug Administration, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.

    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
151.26 EXCEPTIONS.
    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly
licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
by the State Board of Pharmacy, nor prevent the person from administering drugs,
medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
chemicals, or poisons as may be considered appropriate in the treatment of such patient;
unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
provides reasonable notice of an inspection.
Except for the provisions of section 151.37, nothing in this chapter applies to or
interferes with the dispensing, in its original package and at no charge to the patient, of a
legend drug, other than a controlled substance, that was packaged by a manufacturer and
provided to the dispenser for distribution as a professional sample.
Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
practice, nor to hospitals for use therein.
Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
this chapter shall prevent the sale of common household preparations and other drugs,
chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided
that this exception does not apply to any compound, substance, or derivative that is not
approved for human consumption by the United States Food and Drug Administration
or specifically permitted for human consumption under Minnesota law that, when
introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
purpose of human consumption.
Nothing in this chapter shall apply to or interfere with the vending or retailing of
any nonprescription medicine or drug not otherwise prohibited by statute which that is
prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
cosmetics, perfumes, spices, and other commonly used household articles of a chemical
nature, for use for nonmedicinal purposes.; provided that this exception does not apply
to any compound, substance, or derivative that is not approved for human consumption
by the United States Food and Drug Administration or specifically permitted for human
consumption under Minnesota law that, when introduced into the body, induces an effect
similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
whether the substance is marketed for the purpose of human consumption. Nothing in
this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
discount to persons over 65 years of age.

    Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
151.34 PROHIBITED ACTS.
It shall be unlawful to:
(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated
or misbranded;
(2) adulterate or misbrand any drug;
(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or
proffer delivery thereof for pay or otherwise;
(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to
permit access to or copying of any record as authorized by this chapter;
(5) remove or dispose of a detained or embargoed article in violation of this chapter;
(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling
of, or to do any other act with respect to a drug, if such act is done while such drug is held
for sale and results in such drug being adulterated or misbranded;
(7) use for a person's own advantage or to reveal other than to the board or its
authorized representative or to the courts when required in any judicial proceeding under
this chapter any information acquired under authority of this chapter concerning any
method or process which that is a trade secret and entitled to protection;
(8) use on the labeling of any drug any representation or suggestion that an
application with respect to such drug is effective under the federal act or that such drug
complies with such provisions;
(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale
within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed
by applicable law to administer such drug who makes written request for information as to
such drug, true and correct copies of all printed matter which that is required to be included
in any package in which that drug is distributed or sold, or such other printed matter as is
approved under the federal act. Nothing in this paragraph shall be construed to exempt
any person from any labeling requirement imposed by or under provisions of this chapter;
(10) conduct a pharmacy without a pharmacist in charge;
(11) dispense a legend drug without first obtaining a valid prescription for that drug;
(12) conduct a pharmacy without proper registration with the board;
(13) practice pharmacy without being licensed to do so by the board; or
(14) sell at retail federally restricted medical gases without proper registration with
the board except as provided in this chapter.; or
(15) sell any compound, substance, or derivative that is not approved for human
consumption by the United States Food and Drug Administration or specifically permitted
for human consumption under Minnesota law that, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in
section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
regardless of whether the substance is marketed for the purpose of human consumption.

    Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
151.35 DRUGS, ADULTERATION.
A drug shall be deemed to be adulterated:
(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or
if it has been produced, prepared, packed, or held under unsanitary conditions whereby it
may have been rendered injurious to health, or whereby it may have been contaminated
with filth; or if the methods used in, or the facilities or controls used for, its manufacture,
processing, packing, or holding do not conform to or are not operated or administered
in conformity with current good manufacturing practice as required under the federal
act to assure that such drug is safe and has the identity, strength, quality, and purity
characteristics, which it purports or is represented to possess; or the facility in which it
was produced was not registered by the United States Food and Drug Administration or
licensed by the board; or, its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to health; or it bears
or contains, for purposes of coloring only, a color additive which is unsafe within the
meaning of the federal act, or it is a color additive, the intended use of which in or on drugs
is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
(2) if it purports to be or is represented as a drug the name of which is recognized in
the United States Pharmacopoeia or the National Formulary, and its strength differs from,
or its quality or purity falls below, the standard set forth therein. Such determination as
to strength, quality, or purity shall be made in accordance with the tests or methods of
assay set forth in such compendium, or in the absence of or inadequacy of such tests or
methods of assay, those prescribed under authority of the federal act. No drug defined
in the United States Pharmacopoeia or the National Formulary shall be deemed to be
adulterated under this paragraph because it differs from the standard of strength, quality,
or purity therefor set forth in such compendium, if its difference in strength, quality, or
purity from such standard is plainly stated on its label;
(3) if it is not subject to the provisions of paragraph (2) of this section and its
strength differs from, or its purity or quality differs from that which it purports or is
represented to possess;
(4) if any substance has been mixed or packed therewith so as to reduce its quality or
strength, or substituted wholly or in part therefor.

    Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form
may be manufactured, packaged or distributed for sale in this state after January 1, 1983
unless it is clearly marked or imprinted with a symbol, number, company name, words,
letters, national drug code or other mark uniquely identifiable to that drug product. An
identifying mark or imprint made as required by federal law or by the federal Food and
Drug Administration shall be deemed to be in compliance with this section.
(b) The Board of Pharmacy may grant exemptions from the requirements of this
section on its own initiative or upon application of a manufacturer, packager, or distributor
indicating size or other characteristics which that render the product impractical for the
imprinting required by this section.
(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
January 1, 1983, and held in stock for resale.
(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
law to prescribe or administer drugs and which are to be used solely by the patient for
whom prescribed.

    Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
10, section 5, is amended to read:
151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be
unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
distribute a legend drug.
    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and supervision, and may cause a
person who is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by directing a licensed dietitian or
licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.
(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
and mortality.
    (c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
    (d) A prescription or drug order for the following drugs is not valid, unless it can
be established that the prescription or drug order was based on a documented patient
evaluation, including an examination, adequate to establish a diagnosis and identify
underlying conditions and contraindications to treatment:
    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
    (2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7 , 8, and 12;
    (3) muscle relaxants;
    (4) centrally acting analgesics with opioid activity;
    (5) drugs containing butalbital; or
    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
    (e) For the purposes of paragraph (d), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:
    (1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;
    (2) the prescribing practitioner has performed a prior examination of the patient;
    (3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;
    (4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or
    (5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.
    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).
    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.
    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.
    (i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (d).
    (j) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (d).
(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
treatment of a communicable disease according to the Centers For Disease Control and
Prevention Partner Services Guidelines.
    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant
who is registered with the Board of Medical Practice and certified by the National
Commission on Certification of Physician Assistants and who is under the supervising
physician's supervision, the authority to prescribe, dispense, and administer legend drugs
and medical devices, subject to the requirements in chapter 147A and other requirements
established by the Board of Medical Practice in rules.
    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of
professional practice only and not for use by a human being, may personally prescribe,
administer, and dispense a legend drug, and may cause the same to be administered or
dispensed by an assistant under the doctor's direction and supervision.
    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course
of a bona fide research project, but cannot administer or dispense such drugs to human
beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
authorized to do so.
    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
use by, or administration to, patients enrolled in a bona fide research study that is being
conducted pursuant to either an investigational new drug application approved by the
United States Food and Drug Administration or that has been approved by an institutional
review board. For the purposes of this subdivision only:
    (1) a prescription drug order is not required for a pharmacy to dispense a research
drug, unless the study protocol requires the pharmacy to receive such an order;
    (2) notwithstanding the prescription labeling requirements found in this chapter or
the rules promulgated by the board, a research drug may be labeled as required by the
study protocol; and
    (3) dispensing and distribution of research drugs by pharmacies shall not be
considered compounding, manufacturing, or wholesaling under this chapter.; and
(4) a pharmacy may compound drugs for research studies as provided in
this subdivision but must follow applicable standards established by United States
Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
    (c) An entity that is under contract to a federal agency for the purpose of distributing
drugs for bona fide research studies is exempt from the drug wholesaler licensing
requirements of this chapter. Any other entity is exempt from the drug wholesaler
licensing requirements of this chapter if the board finds that the entity is licensed or
registered according to the laws of the state in which it is physically located and it is
distributing drugs for use by, or administration to, patients enrolled in a bona fide research
study that is being conducted pursuant to either an investigational new drug application
approved by the United States Food and Drug Administration or that has been approved
by an institutional review board.
    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit
the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
practitioners while acting within the course of their practice only.
    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall
prohibit the possession of a legend drug by an employee, agent, or sales representative of
a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
or registered pharmacy, while acting in the course of employment.
(b) Nothing in this chapter shall prohibit the following entities from possessing a
legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
(1) a law enforcement officer;
(2) a hazardous waste transporter licensed by the Department of Transportation;
(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
hazardous waste, including household hazardous waste;
(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
very small quantity generator collection program or a minimal generator;
(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
a program in compliance with applicable federal law or a person authorized by the county
to conduct one or more of these activities; or
(6) a sanitary district organized under chapter 115, or a special law.
    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the
possession of a legend drug by a person for that person's use when it has been dispensed to
the person in accordance with a valid prescription issued by a practitioner.
(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
been dispensed in accordance with a written or oral prescription by a practitioner, from
designating a family member, caregiver, or other individual to handle the legend drug for
the purpose of assisting the person in obtaining or administering the drug or sending
the drug for destruction.
(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
been dispensed in accordance with a valid prescription issued by a practitioner from
transferring the legend drug to a county that collects, stores, transports, or disposes of a
legend drug pursuant to a program in compliance with applicable federal law or to a
person authorized by the county to conduct one or more of these activities.
    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to
procure, possess, or control a legend drug by any of the following means:
(1) deceit, misrepresentation, or subterfuge;
(2) using a false name; or
(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
obtaining a legend drug.
    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter
shall prohibit the possession of a legend drug by an employee or agent of a registered
analytical laboratory while acting in the course of laboratory employment.
    Subd. 10. Purchase of drugs and other agents by commissioner of health. The
commissioner of health, in preparation for and in carrying out the duties of sections
144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
communicable disease.
    Subd. 10a. Emergency use authorizations. Nothing in this chapter shall prohibit
the purchase, possession, or use of a legend drug by an entity acting according to an
emergency use authorization issued by the United States Food and Drug Administration
pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically
tasked in a public health response plan to perform critical functions necessary to support
the response to a public health incident or event.
    Subd. 11. Complaint reporting Exclusion for health care educational programs.
The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
complaints received regarding the prescription or administration of legend drugs under
section 148.576. Nothing in this section shall prohibit an accredited public or private
postsecondary school from possessing a legend drug that is not a controlled substance
listed in section 152.02, provided that:
(a) the school is approved by the United States secretary of education in accordance
with requirements of the Higher Education Act of 1965, as amended;
(b) the school provides a course of instruction that prepares individuals for
employment in a health care occupation or profession;
(c) the school may only possess those drugs necessary for the instruction of such
individuals; and
(d) the drugs may only be used in the course of providing such instruction and are
labeled by the purchaser to indicate that they are not to be administered to patients.
Those areas of the school in which legend drugs are stored are subject to section
151.06, subdivision 1, paragraph (a), clause (4).

    Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
151.44 DEFINITIONS.
As used in sections 151.43 to 151.51, the following terms have the meanings given
in paragraphs (a) to (h):
(a) "Wholesale drug distribution" means distribution of prescription or
nonprescription drugs to persons other than a consumer or patient or reverse distribution
of such drugs, but does not include:
(1) a sale between a division, subsidiary, parent, affiliated, or related company under
the common ownership and control of a corporate entity;
(2) the purchase or other acquisition, by a hospital or other health care entity that is a
member of a group purchasing organization, of a drug for its own use from the organization
or from other hospitals or health care entities that are members of such organizations;
(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;
(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common control;
(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
for emergency medical reasons;
(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription;
(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
another retail pharmacy to alleviate a temporary shortage;
(8) the distribution of prescription or nonprescription drug samples by manufacturers
representatives; or
(9) the sale, purchase, or trade of blood and blood components.
(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
distribution including, but not limited to, manufacturers; repackers repackagers; own-label
distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
warehouses, chain drug warehouses, and wholesale drug warehouses; independent
wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
wholesale drug distributor does not include a common carrier or individual hired primarily
to transport prescription or nonprescription drugs.
(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
propagating, compounding, processing, packaging, repackaging, or labeling of a
prescription drug has the meaning provided in section 151.01, subdivision 14a.
(d) "Prescription drug" means a drug required by federal or state law or regulation
to be dispensed only by a prescription, including finished dosage forms and active
ingredients subject to United States Code, title 21, sections 811 and 812.
(e) "Blood" means whole blood collected from a single donor and processed either
for transfusion or further manufacturing.
(f) "Blood components" means that part of blood separated by physical or
mechanical means.
(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
received from or shipped to Minnesota locations for the purpose of returning the drugs
to their producers or distributors.
(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
    Subd. 2. Definitions. For purposes of this section only, the terms defined in this
subdivision have the meanings given.
(a) "Automated drug distribution system" or "system" means a mechanical system
approved by the board that performs operations or activities, other than compounding or
administration, related to the storage, packaging, or dispensing of drugs, and collects,
controls, and maintains all required transaction information and records.
(b) "Health care facility" means a nursing home licensed under section 144A.02;
a housing with services establishment registered under section 144D.01, subdivision 4,
in which a home provider licensed under chapter 144A is providing centralized storage
of medications; or a community behavioral health hospital or Minnesota sex offender
program facility operated by the Department of Human Services.
(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
is responsible for the operation of an automated drug distribution system.

    Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
    Subd. 3. Authorization. A pharmacy may use an automated drug distribution
system to fill prescription drug orders for patients of a health care facility provided that the
policies and procedures required by this section have been approved by the board. The
automated drug distribution system may be located in a health care facility that is not at
the same location as the managing pharmacy. When located within a health care facility,
the system is considered to be an extension of the managing pharmacy.

    Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
    Subd. 5. Operation of automated drug distribution systems. (a) The managing
pharmacy and the pharmacist in charge are responsible for the operation of an automated
drug distribution system.
(b) Access to an automated drug distribution system must be limited to pharmacy
and nonpharmacy personnel authorized to procure drugs from the system, except that field
service technicians may access a system located in a health care facility for the purposes of
servicing and maintaining it while being monitored either by the managing pharmacy, or a
licensed nurse within the health care facility. In the case of an automated drug distribution
system that is not physically located within a licensed pharmacy, access for the purpose
of procuring drugs shall be limited to licensed nurses. Each person authorized to access
the system must be assigned an individual specific access code. Alternatively, access to
the system may be controlled through the use of biometric identification procedures. A
policy specifying time access parameters, including time-outs, logoffs, and lockouts,
must be in place.
(c) For the purposes of this section only, the requirements of section 151.215 are met
if the following clauses are met:
(1) a pharmacist employed by and working at the managing pharmacy, or at a
pharmacy that is acting as a central services pharmacy for the managing pharmacy,
pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all
prescription drug orders before any drug is distributed from the system to be administered
to a patient. A pharmacy technician may perform data entry of prescription drug orders
provided that a pharmacist certifies the accuracy of the data entry before the drug can
be released from the automated drug distribution system. A pharmacist employed by
and working at the managing pharmacy must certify the accuracy of the filling of any
cassettes, canisters, or other containers that contain drugs that will be loaded into the
automated drug distribution system; and
(2) when the automated drug dispensing system is located and used within the
managing pharmacy, a pharmacist must personally supervise and take responsibility for all
packaging and labeling associated with the use of an automated drug distribution system.
(d) Access to drugs when a pharmacist has not reviewed and approved the
prescription drug order is permitted only when a formal and written decision to allow such
access is issued by the pharmacy and the therapeutics committee or its equivalent. The
committee must specify the patient care circumstances in which such access is allowed,
the drugs that can be accessed, and the staff that are allowed to access the drugs.
(e) In the case of an automated drug distribution system that does not utilize bar
coding in the loading process, the loading of a system located in a health care facility may
be performed by a pharmacy technician, so long as the activity is continuously supervised,
through a two-way audiovisual system by a pharmacist on duty within the managing
pharmacy. In the case of an automated drug distribution system that utilizes bar coding
in the loading process, the loading of a system located in a health care facility may be
performed by a pharmacy technician or a licensed nurse, provided that the managing
pharmacy retains an electronic record of loading activities.
(f) The automated drug distribution system must be under the supervision of a
pharmacist. The pharmacist is not required to be physically present at the site of the
automated drug distribution system if the system is continuously monitored electronically
by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
board must be continuously available to address any problems detected by the monitoring
or to answer questions from the staff of the health care facility. The licensed pharmacy
may be the managing pharmacy or a pharmacy which is acting as a central services
pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

ARTICLE 6

HEALTH DEPARTMENT AND PUBLIC HEALTH

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

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

    Sec. 3. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
amended to read:
    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph
paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement
from any source, including, but not limited to, the individual receiving such services
and any individual or group insurance contract, plan, or policy delivered in this state,
including, but not limited to, private health insurance plans, workers' compensation
insurance, motor vehicle insurance, the State Employee Group Insurance Program
(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
which the service has been conducted and processed is licensed pursuant to sections
144.50 to 144.56 or accredited by one of the following entities:
(i) American College of Radiology (ACR);
(ii) Intersocietal Accreditation Commission (IAC);
(iii) the Joint Commission; or
(iv) other relevant accreditation organization designated by the Secretary of the
United States Department of Health and Human Services pursuant to United States Code,
title 42, section 1395M.
(2) All accreditation standards recognized under this section must include, but are
not limited to:
(i) provisions establishing qualifications of the physician;
(ii) standards for quality control and routine performance monitoring by a medical
physicist;
(iii) qualifications of the technologist, including minimum standards of supervised
clinical experience;
(iv) guidelines for personnel and patient safety; and
(v) standards for initial and ongoing quality control using clinical image review
and quantitative testing.
(b) Any facility that performs advanced diagnostic imaging services and is eligible
to receive reimbursement for such services from any source in paragraph (a), clause (1),
must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
imaging services in the state must obtain licensure or accreditation prior to commencing
operations and must, at all times, maintain either licensure pursuant to sections 144.50 to
144.56 or accreditation with an accrediting organization as provided in paragraph (a).
(c) Dental clinics or offices that perform diagnostic imaging through dental cone
beam computerized tomography do not need to meet the accreditation or reporting
requirements in this section.
EFFECTIVE DATE.This section is effective retroactively from August 1, 2013.

    Sec. 4. Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) For purposes of this section, the following definitions
apply.
(b) "Dentist" means an individual who is licensed to practice dentistry.
(c) "Designated rural area" means an area defined as a small rural area or
isolated rural area according to the four category classifications of the Rural Urban
Commuting Area system developed for the United States Health Resources and Services
Administration a city or township that is:
(1) outside the seven-county metropolitan area, as defined in section 473.121,
subdivision 2; and
(2) has a population under 15,000.
(d) "Emergency circumstances" means those conditions that make it impossible for
the participant to fulfill the service commitment, including death, total and permanent
disability, or temporary disability lasting more than two years.
(e) "Medical resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
anesthetist, advanced clinical nurse specialist, or physician assistant.
(g) "Nurse" means an individual who has completed training and received all
licensing or certification necessary to perform duties as a licensed practical nurse or
registered nurse.
(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.
(i) "Nurse practitioner" means a registered nurse who has graduated from a program
of study designed to prepare registered nurses for advanced practice as nurse practitioners.
(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
(k) "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(l) "Physician assistant" means a person licensed under chapter 147A.
(m) "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.
(n) "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.

    Sec. 5. Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision
to read:
    Subd. 5. Electronic cigarettes. In any indoor building owned by the state and
under the direction of the commissioner of the Department of Administration, the use of
an electronic cigarette, including the inhaling or exhaling of vapor from any electronic
delivery device, as defined in section 609.685, subdivision 1, is prohibited in the same
way the use of tobacco cigarettes is prohibited under subdivision 1.

    Sec. 6. Minnesota Statutes 2012, section 144.4165, is amended to read:
144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
product, or inhale or exhale vapor from an electronic delivery device, in a public school,
as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all
facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
purposes of this section, an Indian is a person who is a member of an Indian tribe as
defined in section 260.755 subdivision 12.

    Sec. 7. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
amended to read:
    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
comprehensive stroke center if the hospital has been certified as a comprehensive stroke
center by the joint commission or another nationally recognized accreditation entity and
the hospital participates in the Minnesota stroke registry program.

    Sec. 8. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
amended to read:
    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
center if the hospital has been certified as a primary stroke center by the joint commission
or another nationally recognized accreditation entity and the hospital participates in the
Minnesota stroke registry program.

    Sec. 9. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
    Subdivision 1. Notice required. A hospital shall give a written notice about victim
rights and available resources to a person seeking medical services in the hospital who
reports to hospital staff or who evidences a sexual assault or other unwanted sexual
contact or sexual penetration. The hospital shall make a good faith effort to provide
this notice prior to medical treatment or the examination performed for the purpose
of gathering evidence, subject to applicable federal and state laws and regulations
regarding the provision of medical care, and in a manner that does not interfere with any
medical screening examination or initiation of treatment necessary to stabilize a victim's
emergency medical condition.
    Subd. 2. Contents of notice. The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall
develop the notice required by subdivision 1. The notice must inform the victim, at a
minimum, of:
(1) the obligation under section 609.35 of the county where the criminal sexual
conduct occurred to pay for the examination performed for the purpose of gathering
evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
to law enforcement, and that the victim may incur expenses for treatment of injuries; and
(2) the victim's rights if the crime is reported to law enforcement, including the
victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
how to apply for reparations, and information on how to obtain an order for protection or
a harassment restraining order.

    Sec. 10. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
is amended to read:
    Subd. 8. Correction orders. (a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.
(b) The commissioner shall mail copies of any correction order within 30 calendar
days after an exit survey to the last known address of the home care provider, or
electronically scan the correction order and e-mail it to the last known home care provider
e-mail address, within 30 calendar days after the survey exit date. A copy of each
correction order and copies of any documentation supplied to the commissioner shall be
kept on file by the home care provider, and public documents shall be made available for
viewing by any person upon request. Copies may be kept electronically.
(c) By the correction order date, the home care provider must document in the
provider's records any action taken to comply with the correction order. The commissioner
may request a copy of this documentation and the home care provider's action to respond
to the correction order in future surveys, upon a complaint investigation, and as otherwise
needed.
EFFECTIVE DATE.This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

    Sec. 11. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
is amended to read:
    Subd. 12. Reconsideration. (a) The commissioner shall make available to home
care providers a correction order reconsideration process. This process may be used
to challenge the correction order issued, including the level and scope described in
subdivision 11, and any fine assessed. During the correction order reconsideration
request, the issuance for the correction orders under reconsideration are not stayed, but
the department shall post information on the Web site with the correction order that the
licensee has requested a reconsideration and that the review is pending.
(b) A licensed home care provider may request from the commissioner, in writing,
a correction order reconsideration regarding any correction order issued to the provider.
The written request for reconsideration must be received by the commissioner within 15
calendar days of the correction order receipt date. The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
or reviewing of the correction order being disputed. The correction order reconsiderations
may be conducted in person, by telephone, by another electronic form, or in writing, as
determined by the commissioner. The commissioner shall respond in writing to the request
from a home care provider for a correction order reconsideration within 60 days of the
date the provider requests a reconsideration. The commissioner's response shall identify
the commissioner's decision regarding each citation challenged by the home care provider.
(c) The findings of a correction order reconsideration process shall be one or more of
the following:
(1) supported in full, the correction order is supported in full, with no deletion of
findings to the citation;
(2) supported in substance, the correction order is supported, but one or more
findings are deleted or modified without any change in the citation;
(3) correction order cited an incorrect home care licensing requirement, the correction
order is amended by changing the correction order to the appropriate statutory reference;
(4) correction order was issued under an incorrect citation, the correction order is
amended to be issued under the more appropriate correction order citation;
(5) the correction order is rescinded;
(6) fine is amended, it is determined that the fine assigned to the correction order
was applied incorrectly; or
(7) the level or scope of the citation is modified based on the reconsideration.
(d) If the correction order findings are changed by the commissioner, the
commissioner shall update the correction order Web site.
(e) This subdivision does not apply to temporary licensees.
EFFECTIVE DATE.This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

    Sec. 12. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
is amended to read:
    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
as defined in section 144A.474, subdivision 11, paragraph (b), provided:
(1) advance notice is given to the home care provider;
(2) after notice, the home care provider fails to correct the problem;
(3) the commissioner has reason to believe that other administrative remedies are not
likely to be effective; and
(4) there is an opportunity for a contested case hearing within the 90 30 days unless
there is an extension granted by an administrative law judge pursuant to subdivision 3b.
EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
renewal.

    Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:
    Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
of a sanction under this section, other than for a temporary suspension, the commissioner
shall request assignment of an administrative law judge. The commissioner's request must
include a proposed date, time, and place of hearing. A hearing must be conducted by an
administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
within 90 calendar days of the request for assignment, unless an extension is requested by
either party and granted by the administrative law judge for good cause or for purposes of
discussing settlement. In no case shall one or more extensions be granted for a total of
more than 90 calendar days unless there is a criminal action pending against the licensee.
If, while a licensee continues to operate pending an appeal of an order for revocation,
suspension, or refusal to renew a license, the commissioner identifies one or more new
violations of law that meet the requirements of level 3 or 4 violations as defined in section
144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
temporarily suspend the license under the provisions in subdivision 3.
EFFECTIVE DATE.This section is effective for appeals received on or after
August 1, 2014.

    Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
adding a subdivision to read:
    Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
days of receipt of the license holder's timely appeal of a temporary suspension, the
commissioner shall request assignment of an administrative law judge. The request must
include a proposed date, time, and place of a hearing. A hearing must be conducted by an
administrative law judge within 30 calendar days of the request for assignment, unless
an extension is requested by either party and granted by the administrative law judge
for good cause. The commissioner shall issue a notice of hearing by certified mail or
personal service at least ten business days before the hearing. Certified mail to the last
known address is sufficient. The scope of the hearing shall be limited solely to the issue of
whether the temporary suspension should remain in effect and whether there is sufficient
evidence to conclude that the licensee's actions or failure to comply with applicable laws
are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten business days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten business days from the close of the
record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
the commissioner shall issue a final order affirming the temporary immediate suspension
within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
license holder is prohibited from operation during the temporary suspension period.
(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
sanction, the licensee is prohibited from operation pending a final commissioner's order
after the contested case hearing conducted under chapter 14.
EFFECTIVE DATE.This section is effective August 1, 2014.

    Sec. 15. Minnesota Statutes 2012, section 144D.065, is amended to read:
144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
    (a) If a housing with services establishment registered under this chapter has a special
program or special care unit for residents with Alzheimer's disease or other dementias
or advertises, markets, or otherwise promotes the establishment as providing services
for persons with Alzheimer's disease or related disorders other dementias, whether in a
segregated or general unit, the establishment's direct care staff and their supervisors must
be trained in dementia care. employees of the establishment and of the establishment's
arranged home care provider must meet the following training requirements:
    (1) supervisors of direct-care staff must have at least eight hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for
each 12 months of employment thereafter;
    (2) direct-care employees must have completed at least eight hours of initial training
on topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial eight hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
in paragraph (a), clause (1), must be available for consultation with the new employee until
the training requirement is complete. Direct-care employees must have at least two hours
of training on topics related to dementia for each 12 months of employment thereafter;
    (3) staff who do not provide direct care, including maintenance, housekeeping, and
food service staff, must have at least four hours of initial training on topics specified
under paragraph (b) within 160 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
    (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
    (b) Areas of required training include:
    (1) an explanation of Alzheimer's disease and related disorders;
    (2) assistance with activities of daily living;
    (3) problem solving with challenging behaviors; and
    (4) communication skills.
    (c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered. This information satisfies the disclosure
requirements of section 325F.72, subdivision 2, clause (4).
    (d) Housing with services establishments not included in paragraph (a) that provide
assisted living services under chapter 144G must meet the following training requirements:
    (1) supervisors of direct-care staff must have at least four hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for
each 12 months of employment thereafter;
    (2) direct-care employees must have completed at least four hours of initial training
on topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial four hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b) or supervisor meeting the requirements
under paragraph (a), clause (1), must be available for consultation with the new employee
until the training requirement is complete. Direct-care employees must have at least two
hours of training on topics related to dementia for each 12 months of employment thereafter;
    (3) staff who do not provide direct care, including maintenance, housekeeping, and
food service staff, must have at least four hours of initial training on topics specified
under paragraph (b) within 160 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
    (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
EFFECTIVE DATE.This section is effective January 1, 2016.

    Sec. 16. [144D.10] MANAGER REQUIREMENTS.
    (a) The person primarily responsible for oversight and management of a housing
with services establishment, as designated by the owner of the housing with services
establishment, must obtain at least 30 hours of continuing education every two years of
employment as the manager in topics relevant to the operations of the housing with services
establishment and the needs of its tenants. Continuing education earned to maintain a
professional license, such as nursing home administrator license, nursing license, social
worker license, and real estate license, can be used to complete this requirement.
    (b) For managers of establishments identified in section 325F.72, this continuing
education must include at least eight hours of documented training on the topics identified
in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
training on these topics for each 12 months of employment thereafter.
    (c) For managers of establishments not covered by section 325F.72, but who provide
assisted living services under chapter 144G, this continuing education must include at
least four hours of documented training on the topics identified in section 144D.065,
paragraph (b), within 160 working hours of hire, and two hours of training on these topics
for each 12 months of employment thereafter.
    (d) A statement verifying compliance with the continuing education requirement
must be included in the housing with services establishment's annual registration to the
commissioner of health. The establishment must maintain records for at least three years
demonstrating that the person primarily responsible for oversight and management of the
establishment has attended educational programs as required by this section.
    (e) New managers may satisfy the initial dementia training requirements by producing
written proof of previously completed required training within the past 18 months.
    (f) This section does not apply to an establishment registered under section
144D.025 serving the homeless.
EFFECTIVE DATE.This section is effective January 1, 2016.

    Sec. 17. [144D.11] EMERGENCY PLANNING.
    (a) Each registered housing with services establishment must meet the following
requirements:
    (1) have a written emergency disaster plan that contains a plan for evacuation,
addresses elements of sheltering in-place, identifies temporary relocation sites, and details
staff assignments in the event of a disaster or an emergency;
    (2) post an emergency disaster plan prominently;
    (3) provide building emergency exit diagrams to all tenants upon signing a lease;
    (4) post emergency exit diagrams on each floor; and
    (5) have a written policy and procedure regarding missing tenants.
    (b) Each registered housing with services establishment must provide emergency
and disaster training to all staff during the initial staff orientation and annually thereafter
and must make emergency and disaster training available to all tenants annually. Staff
who have not received emergency and disaster training are allowed to work only when
trained staff are also working on site.
    (c) Each registered housing with services location must conduct and document a fire
drill or other emergency drill at least every six months. To the extent possible, drills must
be coordinated with local fire departments or other community emergency resources.
EFFECTIVE DATE.This section is effective January 1, 2016.

    Sec. 18. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2,
is amended to read:
    Subd. 2. Duties of director. The director of child sex trafficking prevention is
responsible for the following:
    (1) developing and providing comprehensive training on sexual exploitation of
youth for social service professionals, medical professionals, public health workers, and
criminal justice professionals;
    (2) collecting, organizing, maintaining, and disseminating information on sexual
exploitation and services across the state, including maintaining a list of resources on the
Department of Health Web site;
    (3) monitoring and applying for federal funding for antitrafficking efforts that may
benefit victims in the state;
    (4) managing grant programs established under sections 145.4716 to 145.4718;
    (5) managing the request for proposals for grants for comprehensive services,
including trauma-informed, culturally specific services;
    (6) identifying best practices in serving sexually exploited youth, as defined in
section 260C.007, subdivision 31;
    (6) (7) providing oversight of and technical support to regional navigators pursuant
to section 145.4717;
    (7) (8) conducting a comprehensive evaluation of the statewide program for safe
harbor of sexually exploited youth; and
    (8) (9) developing a policy consistent with the requirements of chapter 13 for sharing
data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
among regional navigators and community-based advocates.

    Sec. 19. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
to read:
    Subd. 7a. Minority run health care professional associations. The commissioner
shall award grants to minority run health care professional associations to achieve the
following:
(1) provide collaborative mental health services to minority residents;
(2) provide collaborative, holistic, and culturally competent health care services in
communities with high concentrations of minority residents; and
(3) collaborate on recruitment, training, and placement of minorities with health
care providers.

    Sec. 20. Minnesota Statutes 2012, section 149A.92, is amended by adding a
subdivision to read:
    Subd. 11. Scope. Notwithstanding the requirements in section 149A.50, this section
applies only to funeral establishments where human remains are present for the purpose
of preparation and embalming, private viewings, visitations, services, and holding of
human remains while awaiting final disposition. For the purpose of this subdivision,
"private viewing" means viewing of a dead human body by persons designated in section
149A.80, subdivision 2.

    Sec. 21. Minnesota Statutes 2012, section 325H.05, is amended to read:
325H.05 POSTED WARNING REQUIRED.
(a) The facility owner or operator shall conspicuously post the warning signs
described in paragraph (b) within three feet of each tanning station. The sign must be
clearly visible, not obstructed by any barrier, equipment, or other object, and must be posted
so that it can be easily viewed by the consumer before energizing the tanning equipment.
(b) The warning sign required in paragraph (a) shall have dimensions not less than
eight inches by ten inches, and must have the following wording:

"DANGER - ULTRAVIOLET RADIATION

-Follow instructions.
-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
injury and allergic reactions. Repeated exposure may cause premature aging
of the skin and skin cancer.
-Wear protective eyewear.

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT

IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are
using medications or have a history of skin problems or believe yourself to be
especially sensitive to sunlight."
WARNING: IF YOU TAN INDOORS FREQUENTLY, YOU SHOULD SEE A
DOCTOR TO CHECK FOR SKIN CANCER. YOU SHOULD NOT TAN
INDOORS IF YOU HAVE HAD SKIN CANCER OR IF YOU HAVE A
FAMILY HISTORY OF SKIN CANCER.
Talk to your doctor before tanning indoors if you:
-are using medications
-have a history of skin problems
-are sensitive to sunlight
Over time, exposure to ultraviolet radiation may cause premature aging and skin
cancer.
-Follow tanning equipment instructions.
-Wear protective eyewear to avoid severe burns or long-term injury.
-Do not tan if you have a rash or an open cut.
-Medications and cosmetics may increase your sensitivity to ultraviolet radiation."
(c) All tanning facilities must prominently display a sign in a conspicuous place,
at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
person under age 18 to use any tanning equipment.

    Sec. 22. [325H.085] USE BY MINORS PROHIBITED.
A person under age 18 may not use any type of tanning equipment as defined by
section 325H.01, subdivision 6, available in a tanning facility in this state.

    Sec. 23. Minnesota Statutes 2012, section 325H.09, is amended to read:
325H.09 PENALTY.
Any person who leases tanning equipment or who owns a tanning facility and who
operates or permits the equipment or facility to be operated in noncompliance with the
requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

    Sec. 24. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
REGISTRATION.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have the meanings given them.
(b) "Automatic external defibrillator" or "AED" means an electronic device designed
and manufactured to operate automatically or semiautomatically for the purpose of
delivering an electrical current to the heart of a person in sudden cardiac arrest.
(c) "AED registry" means a registry of AEDs that requires a maintenance program
or package, and includes, but is not limited to, the following registries: the Minnesota
AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
(d) "Person" means a natural person, partnership, association, corporation, or unit
of government.
(e) "Public access AED" means any AED that is intended, by its markings or display,
to be used or accessed by the public for the benefit of the general public that may happen
to be in the vicinity or location of that AED. It does not include an AED that is owned or
used by a hospital, clinic, business, or organization that is intended to be used by staff and
is not marked or displayed in a manner to encourage public access.
(f) "Maintenance program or package" means a program that will alert the AED
owner when the AED has electrodes and batteries due to expire or replaces those expiring
electrodes and batteries for the AED owner.
(g) "Public safety agency" means local law enforcement, county sheriff, municipal
police, tribal agencies, state law enforcement, fire departments, including municipal
departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
and licensed ambulance services.
(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
placed in stationary storage, including, but not limited to, an AED used at an athletic event.
(i) "Private use AED" means an AED that is not intended to be used or accessed by
the public for the benefit of the general public. This may include, but is not limited to,
AEDs found in private residences.
    Subd. 2. Registration. A person who purchases or obtains a public access AED shall
register that device with an AED registry within 30 working days of receiving the AED.
    Subd. 3. Required information. A person registering a public access AED shall
provide the following information for each AED:
(1) AED manufacturer, model, and serial number;
(2) specific location where the AED will be kept; and
(3) the title, address, and telephone number of a person in management at the
business or organization where the AED is located.
    Subd. 4. Information changes. The owner of a public access AED shall notify their
AED registry of any changes in the information that is required in the registration within
30 working days of the change occurring.
    Subd. 5. Public access AED requirements. A public access AED:
(1) may be inspected during regular business hours by a public safety agency with
jurisdiction over the location of the AED;
(2) shall be kept in the location specified in the registration; and
(3) shall be reasonably maintained, including replacement of dead batteries and
pads/electrodes, and comply with all manufacturer's recall and safety notices.
    Subd. 6. Removal of AED. An authorized agent of a public safety agency with
jurisdiction over the location of the AED may direct the owner of a public access AED
to comply with this section. Such authorized agent of a public safety agency may direct
the owner of the AED to remove the AED from its public access location and to remove
or cover any public signs relating to that AED if it is determined that the AED is not
ready for immediate use.
    Subd. 7. Private use AEDs. The owner of a private use AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.
    Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
requirements of this section but is encouraged to maintain the AED in a consistent manner.
    Subd. 9. Signs. A person acquiring a public use AED is encouraged but is not
required to post signs bearing the universal AED symbol in order to increase the ease of
access by the public to the AED in the event of an emergency. A person may not post any
AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
any AED signs by an authorized agent of a public safety agency.
    Subd. 10. Emergency response plans. The owner of one or more public access
AEDs shall develop an emergency response plan appropriate for the nature of the facility
the AED is intended to serve.
    Subd. 11. No civil liability. Nothing in this section shall create any civil liability on
the part of an AED owner.
EFFECTIVE DATE.This section is effective August 1, 2014.

    Sec. 25. Minnesota Statutes 2012, section 461.12, is amended to read:
461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO,
TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
    Subdivision 1. Authorization. A town board or the governing body of a home
rule charter or statutory city may license and regulate the retail sale of tobacco and,
tobacco-related devices, and electronic delivery devices as defined in section 609.685,
subdivision 1 , and nicotine and lobelia delivery products as described in section 609.6855,
and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
The county board shall license and regulate the sale of tobacco and, tobacco-related
devices, electronic delivery devices, and nicotine and lobelia products in unorganized
territory of the county except on the State Fairgrounds and in a town or a home rule charter
or statutory city if the town or city does not license and regulate retail sales of tobacco
sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products. The State Agricultural Society shall license and regulate the sale of
tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products on the State Fairgrounds. Retail establishments licensed by a town or
city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
lobelia delivery products are not required to obtain a second license for the same location
under the licensing ordinance of the county.
    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine
or lobelia delivery products to a person under the age of 18 years, or violates any other
provision of this chapter, the licensee shall be charged an administrative penalty of $75.
An administrative penalty of $200 must be imposed for a second violation at the same
location within 24 months after the initial violation. For a third violation at the same
location within 24 months after the initial violation, an administrative penalty of $250
must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products at that location must be
suspended for not less than seven days. No suspension or penalty may take effect until the
licensee has received notice, served personally or by mail, of the alleged violation and an
opportunity for a hearing before a person authorized by the licensing authority to conduct
the hearing. A decision that a violation has occurred must be in writing.
    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
products to a person under the age of 18 years must be charged an administrative penalty
of $50. No penalty may be imposed until the individual has received notice, served
personally or by mail, of the alleged violation and an opportunity for a hearing before a
person authorized by the licensing authority to conduct the hearing. A decision that a
violation has occurred must be in writing.
    Subd. 4. Minors. The licensing authority shall consult with interested educators,
parents, children, and representatives of the court system to develop alternative penalties
for minors who purchase, possess, and consume tobacco or, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products. The licensing
authority and the interested persons shall consider a variety of options, including, but
not limited to, tobacco free education programs, notice to schools, parents, community
service, and other court diversion programs.
    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
compliance checks at least once each calendar year at each location where tobacco is,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
are sold to test compliance with section sections 609.685 and 609.6855. Compliance
checks must involve minors over the age of 15, but under the age of 18, who, with the prior
written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products under the
direct supervision of a law enforcement officer or an employee of the licensing authority.
    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
licensee or individual making the sale relied in good faith upon proof of age as described
in section 340A.503, subdivision 6.
    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
2 or 3 may have the decision reviewed in the district court in the same manner and
procedure as provided in section 462.361.
    Subd. 8. Notice to commissioner. The licensing authority under this section shall,
within 30 days of the issuance of a license, inform the commissioner of revenue of the
licensee's name, address, trade name, and the effective and expiration dates of the license.
The commissioner of revenue must also be informed of a license renewal, transfer,
cancellation, suspension, or revocation during the license period.

    Sec. 26. Minnesota Statutes 2012, section 461.18, is amended to read:
461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
tobacco or tobacco-related devices, or electronic delivery devices as defined in section
609.685, subdivision 1 , or nicotine or lobelia delivery products as described in section
609.6855, in open displays which are accessible to the public without the intervention
of a store employee.
(b) [Expired August 28, 1997]
(c) [Expired]
(d) This subdivision shall not apply to retail stores which derive at least 90 percent
of their revenue from tobacco and tobacco-related products devices and where the retailer
ensures that no person younger than 18 years of age is present, or permitted to enter, at
any time.
    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
electronic delivery devices, or nicotine or lobelia delivery products from vending
machines. This subdivision does not apply to vending machines in facilities that cannot be
entered at any time by persons younger than 18 years of age.
    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
and other multipack units.

    Sec. 27. Minnesota Statutes 2012, section 461.19, is amended to read:
461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery
devices, and nicotine and lobelia products. A governing body shall give notice of its
intention to consider adoption or substantial amendment of any local ordinance required
under section 461.12 or permitted under this section. The governing body shall take
reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
known address of each licensee or person required to hold a license under section 461.12.
The notice shall state the time, place, and date of the meeting and the subject matter of
the proposed ordinance.

    Sec. 28. [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
(a) For purposes of this section, "child-resistant packaging" is defined as set forth in
Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on the effective
date of this act, when tested in accordance with the method described in Code of Federal
Regulations, title 16, section 1700.20, as in effect on the effective date of this act.
(b) The sale of any liquid, whether or not such liquid contains nicotine, that is
intended for human consumption and use in an electronic delivery device, as defined in
section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is
prohibited. All licensees under this chapter must ensure that any liquid intended for human
consumption and use in an electronic delivery device is sold in child-resistant packaging.
(c) A licensee that fails to comply with this section is subject to administrative
penalties under section 461.12, subdivision 2.
(d) This section shall not apply to any liquid, whether or not such liquid contains
nicotine, that is intended for human consumption and use in an electronic delivery device
or nicotine or lobelia delivery product where the liquid is contained in a prefilled, sealed
cartridge that is sold, marketed, or intended for use in an electronic delivery device or
nicotine or lobelia delivery product, provided that such cartridge is prefilled and sealed by
the manufacturer, and not intended to be opened by the consumer.
EFFECTIVE DATE.This section is effective January 1, 2015.

    Sec. 29. [461.21] KIOSK SALES PROHIBITED.
No person shall sell tobacco, tobacco-related devices, or electronic delivery devices
as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as
described in section 609.6855, from a moveable place of business. For the purposes of this
section, a moveable place of business means any retail business whose physical location is
not permanent, including, but not limited to, any retail business that is operated from a
kiosk, other transportable structure, or a motorized or nonmotorized vehicle.

    Sec. 30. Minnesota Statutes 2012, section 609.685, is amended to read:
609.685 SALE OF TOBACCO TO CHILDREN.
    Subdivision 1. Definitions. For the purposes of this section, the following terms
shall have the meanings respectively ascribed to them in this section.
(a) "Tobacco" means cigarettes and any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
United States Food and Drug Administration for sale as a tobacco-cessation product, as a
tobacco-dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
other devices intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
Tobacco-related devices include components of tobacco-related devices which may be
marketed or sold separately.
(c) "Electronic delivery device" means any product containing or delivering nicotine,
lobelia, or any other substance intended for human consumption that can be used by a
person to simulate smoking in the delivery of nicotine or any other substance through
inhalation of vapor from the product. Electronic delivery device includes any component
part of a product, whether or not marketed or sold separately. Electronic delivery device
does not include any product that has been approved or certified by the United States Food
and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
product, or for other medical purposes, and is marketed and sold for such an approved
purpose.
    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
for the first violation. Whoever violates this subdivision a subsequent time within five
years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section 340A.503, subdivision 6.
    Subd. 2. Other offenses. (a) Whoever furnishes tobacco or, tobacco-related
devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
guilty of a gross misdemeanor.
(b) A person under the age of 18 years who purchases or attempts to purchase
tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's
license, permit, Minnesota identification card, or any type of false identification to
misrepresent the person's age, is guilty of a misdemeanor.
    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery
devices and is under the age of 18 years is guilty of a petty misdemeanor.
    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
or preclude the continuation or adoption of any local ordinance which provides for more
stringent regulation of the subject matter in subdivisions 1 to 3.
    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 18 years
who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic
delivery devices while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.
    Subd. 6. Seizure of false identification. A retailer may seize a form of identification
listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
that the form of identification has been altered or falsified or is being used to violate any
law. A retailer that seizes a form of identification as authorized under this subdivision
shall deliver it to a law enforcement agency within 24 hours of seizing it.

    Sec. 31. Minnesota Statutes 2012, section 609.6855, is amended to read:
609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
18 years a product containing or delivering nicotine or lobelia intended for human
consumption, or any part of such a product, that is not tobacco or an electronic delivery
device as defined by section 609.685, is guilty of a misdemeanor for the first violation.
Whoever violates this subdivision a subsequent time within five years of a previous
conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in section 340A.503, subdivision 6.
(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco
or an electronic delivery device as defined by section 609.685, may be sold to persons
under the age of 18 if the product has been approved or otherwise certified for legal sale
by the United States Food and Drug Administration for tobacco use cessation, harm
reduction, or for other medical purposes, and is being marketed and sold solely for that
approved purpose.
    Subd. 2. Other offense. A person under the age of 18 years who purchases or
attempts to purchase a product containing or delivering nicotine or lobelia intended for
human consumption, or any part of such a product, that is not tobacco or an electronic
delivery device as defined by section 609.685, and who uses a driver's license, permit,
Minnesota identification card, or any type of false identification to misrepresent the
person's age, is guilty of a misdemeanor.
    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
a product containing or delivering nicotine or lobelia intended for human consumption, or
any part of such a product, that is not tobacco or an electronic delivery device as defined
by section 609.685, is guilty of a petty misdemeanor.

    Sec. 32. EVALUATION AND REPORTING REQUIREMENTS.
    (a) The commissioner of health shall consult with the Alzheimer's Association,
Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
    (1) whether additional settings, provider types, licensed and unlicensed personnel, or
health care services regulated by the commissioner should be required to comply with the
training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
    (2) cost implications for the groups or individuals identified in clause (1) to comply
with the training requirements;
    (3) dementia education options available;
    (4) existing dementia training mandates under federal and state statutes and rules; and
    (5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
144D.11, and methods to determine compliance with the training requirements.
    (b) The commissioner shall report the evaluation to the chairs of the health and
human services committees of the legislature no later than February 15, 2015, along with
any recommendations for legislative changes.

    Sec. 33. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
The commissioner of health shall develop recommendations on ways to minimize
triclosan health risks.

    Sec. 34. FOREIGN-TRAINED PHYSICIAN TASK FORCE.
(a) The commissioner of health shall appoint members to an advisory task force by
July 1, 2014, to develop strategies to integrate refugee and asylee physicians into the
Minnesota health care delivery system. The task force shall:
(1) analyze demographic information of current medical providers compared to the
population of the state;
(2) identify, to the extent possible, foreign-trained physicians living in Minnesota
who are refugees or asylees and interested in meeting the requirements to enter medical
practice or other health careers;
(3) identify costs and barriers associated with integrating foreign-trained physicians
into the state workforce;
(4) explore alternative roles and professions for foreign-trained physicians who are
unable to practice as physicians in the Minnesota health care system; and
(5) identify possible funding sources to integrate foreign-trained physicians into the
state workforce as physicians or other health professionals.
(b) The commissioner shall provide assistance to the task force, within available
resources.
(c) By January 15, 2015, the task force must submit recommendations to the
commissioner of health. The commissioner shall report findings and recommendations to
the legislative committees with jurisdiction over health care by January 15, 2015.

    Sec. 35. REPEALER.
Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

ARTICLE 7

LOCAL PUBLIC HEALTH SYSTEM

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

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

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

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

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

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

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

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

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

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

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

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

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

    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
43, section 21, is amended to read:
145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF
HEALTH.
    Subdivision 1. Jurisdiction; enforcement. (a) A county or multicounty community
health board of health has the powers and duties of a board of health for all territory within
its jurisdiction not under the jurisdiction of a city board of health. Under the general
supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
pertaining to the powers and duties of a board of health within its jurisdictional area
general responsibility for development and maintenance of a system of community health
services under local administration and within a system of state guidelines and standards.
(b) Under the general supervision of the commissioner, the community health board
shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
powers and duties within its jurisdictional area. In the case of a multicounty or city
community health board, the joint powers agreement under section 145A.03, subdivision
2, or delegation agreement under section 145A.07 shall clearly specify enforcement
authorities.
(c) A member of a community health board may not withdraw from a joint powers
community health board during the first two calendar years following the effective
date of the initial joint powers agreement. The withdrawing member must notify the
commissioner and the other parties to the agreement at least one year before the beginning
of the calendar year in which withdrawal takes effect.
(d) The withdrawal of a county or city from a community health board does not
affect the eligibility for the local public health grant of any remaining county or city for
one calendar year following the effective date of withdrawal.
(e) The local public health grant for a county or city that chooses to withdraw from
a multicounty community health board shall be reduced by the amount of the local
partnership incentive.
    Subd. 1a. Duties. Consistent with the guidelines and standards established under
section 145A.06, the community health board shall:
(1) identify local public health priorities and implement activities to address the
priorities and the areas of public health responsibility, which include:
(i) assuring an adequate local public health infrastructure by maintaining the basic
foundational capacities to a well-functioning public health system that includes data
analysis and utilization; health planning; partnership development and community
mobilization; policy development, analysis, and decision support; communication; and
public health research, evaluation, and quality improvement;
(ii) promoting healthy communities and healthy behavior through activities
that improve health in a population, such as investing in healthy families; engaging
communities to change policies, systems, or environments to promote positive health or
prevent adverse health; providing information and education about healthy communities
or population health status; and addressing issues of health equity, health disparities, and
the social determinants to health;
(iii) preventing the spread of communicable disease by preventing diseases that are
caused by infectious agents through detecting acute infectious diseases, ensuring the
reporting of infectious diseases, preventing the transmission of infectious diseases, and
implementing control measures during infectious disease outbreaks;
(iv) protecting against environmental health hazards by addressing aspects of the
environment that pose risks to human health, such as monitoring air and water quality;
developing policies and programs to reduce exposure to environmental health risks and
promote healthy environments; and identifying and mitigating environmental risks such as
food and waterborne diseases, radiation, occupational health hazards, and public health
nuisances;
(v) preparing and responding to emergencies by engaging in activities that prepare
public health departments to respond to events and incidents and assist communities in
recovery, such as providing leadership for public health preparedness activities with
a community; developing, exercising, and periodically reviewing response plans for
public health threats; and developing and maintaining a system of public health workforce
readiness, deployment, and response; and
(vi) assuring health services by engaging in activities such as assessing the
availability of health-related services and health care providers in local communities,
identifying gaps and barriers in services; convening community partners to improve
community health systems; and providing services identified as priorities by the local
assessment and planning process; and
(2) submit to the commissioner of health, at least every five years, a community
health assessment and community health improvement plan, which shall be developed
with input from the community and take into consideration the statewide outcomes, the
areas of responsibility, and essential public health services;
(3) implement a performance management process in order to achieve desired
outcomes; and
(4) annually report to the commissioner on a set of performance measures and be
prepared to provide documentation of ability to meet the performance measures.
    Subd. 2. Appointment of agent community health service (CHS) administrator.
A community health board of health must appoint, employ, or contract with a person or
persons CHS administrator to act on its behalf. The board shall notify the commissioner
of the agent's name, address, and phone number where the agent may be reached between
board meetings CHS administrator's contact information and submit a copy of the
resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
The resolution must specify the types of action or actions that the CHS administrator is
authorized to take on behalf of the board.
    Subd. 2a. Appointment of medical consultant. The community health board shall
appoint, employ, or contract with a medical consultant to ensure appropriate medical
advice and direction for the community health board and assist the board and its staff in
the coordination of community health services with local medical care and other health
services.
    Subd. 3. Employment; medical consultant employees. (a) A community health
board of health may establish a health department or other administrative agency and may
employ persons as necessary to carry out its duties.
(b) Except where prohibited by law, employees of the community health board
of health may act as its agents.
(c) Employees of the board of health are subject to any personnel administration
rules adopted by a city council or county board forming the board of health unless the
employees of the board are within the scope of a statewide personnel administration
system. Persons employed by a county, city, or the state whose functions and duties are
assumed by a community health board shall become employees of the board without
loss in benefits, salaries, or rights.
(d) The board of health may appoint, employ, or contract with a medical consultant
to receive appropriate medical advice and direction.
    Subd. 4. Acquisition of property; request for and acceptance of funds;
collection of fees. (a) A community health board of health may acquire and hold in the
name of the county or city the lands, buildings, and equipment necessary for the purposes
of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
purchase, lease, or transfer of custodial control.
(b) A community health board of health may accept gifts, grants, and subsidies from
any lawful source, apply for and accept state and federal funds, and request and accept
local tax funds.
(c) A community health board of health may establish and collect reasonable fees
for performing its duties and providing community health services.
(d) With the exception of licensing and inspection activities, access to community
health services provided by or on contract with the community health board of health must
not be denied to an individual or family because of inability to pay.
    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid
unnecessary duplication, and gain cost advantages, a community health board of health
may contract to provide, receive, or ensure provision of services.
    Subd. 6. Investigation; reporting and control of communicable diseases. A
community health board of health shall make investigations, or coordinate with any
county board or city council within its jurisdiction to make investigations and reports and
obey instructions on the control of communicable diseases as the commissioner may
direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health
boards of healthmust cooperate so far as practicable to act together to prevent and control
epidemic diseases.
    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A community
health board of health receiving funding for emergency preparedness or pandemic
influenza planning from the state or from the United States Department of Health and
Human Services shall participate in planning for emergency use of volunteer health
professionals through the Minnesota Responds Medical Reserve Corps program of the
Department of Health. A community health board of health shall collaborate on volunteer
planning with other public and private partners, including but not limited to local or
regional health care providers, emergency medical services, hospitals, tribal governments,
state and local emergency management, and local disaster relief organizations.
    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A
community health board of health, county, or city participating in the Minnesota Responds
Medical Reserve Corps program may enter into written mutual aid agreements for
deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
volunteers with other community health boards of health, other political subdivisions
within the state, or with tribal governments within the state. A community health board
of health may also enter into agreements with the Indian Health Services of the United
States Department of Health and Human Services, and with boards of health, political
subdivisions, and tribal governments in bordering states and Canadian provinces.
    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When
a community health board of health, county, or city finds that the prevention, mitigation,
response to, or recovery from an actual or threatened public health event or emergency
exceeds its local capacity, it shall use available mutual aid agreements. If the event or
emergency exceeds mutual aid capacities, a community health board of health, county, or
city may request the commissioner of health to mobilize Minnesota Responds Medical
Reserve Corps volunteers from outside the jurisdiction of the community health board
of health, county, or city.
    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage.
A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
training or assistance at the call of a community health board of health, county, or city
must be deemed an employee of the jurisdiction for purposes of workers' compensation,
tort claim defense, and indemnification.
    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a
member or agent of a community health board of health, county, or city may enter a
building, conveyance, or place where contagion, infection, filth, or other source or cause
of preventable disease exists or is reasonably suspected.
    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the
public health such as a public health nuisance, source of filth, or cause of sickness is found
on any property, the community health board of health, county, city, or its agent shall order
the owner or occupant of the property to remove or abate the threat within a time specified
in the notice but not longer than ten days. Action to recover costs of enforcement under
this subdivision must be taken as prescribed in section 145A.08.
(b) Notice for abatement or removal must be served on the owner, occupant, or agent
of the property in one of the following ways:
(1) by registered or certified mail;
(2) by an officer authorized to serve a warrant; or
(3) by a person aged 18 years or older who is not reasonably believed to be a party to
any action arising from the notice.
(c) If the owner of the property is unknown or absent and has no known representative
upon whom notice can be served, the community health board of health, county, or city,
or its agent, shall post a written or printed notice on the property stating that, unless the
threat to the public health is abated or removed within a period not longer than ten days,
the community health board, county, or city will have the threat abated or removed at the
expense of the owner under section 145A.08 or other applicable state or local law.
(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
of the notice provided under paragraphs (b) and (c), then the community health board of
health, county, city, or its a designated agent of the board, county, or city shall remove or
abate the nuisance, source of filth, or cause of sickness described in the notice from the
property.
    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
community health board of health, county, or city may bring an action in the court of
appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
has power to enforce, or to enjoin as a public health nuisance any activity or failure to
act that adversely affects the public health.
    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor
deliberately to deliberately hinder a member of a community health board of health,
county or city, or its agent from entering a building, conveyance, or place where contagion,
infection, filth, or other source or cause of preventable disease exists or is reasonably
suspected, or otherwise to interfere with the performance of the duties of the board of
health responsible jurisdiction.
    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for
a member or agent of a community health board of health, county, or city to refuse or
neglect to perform a duty imposed on a board of health an applicable jurisdiction by
statute or ordinance.
    Subd. 12. Other powers and duties established by law. This section does not limit
powers and duties of a community health board of health, county, or city prescribed in
other sections.
    Subd. 13. Recommended legislation. The community health board may recommend
local ordinances pertaining to community health services to any county board or city
council within its jurisdiction and advise the commissioner on matters relating to public
health that require assistance from the state, or that may be of more than local interest.
    Subd. 14. Equal access to services. The community health board must ensure that
community health services are accessible to all persons on the basis of need. No one shall
be denied services because of race, color, sex, age, language, religion, nationality, inability
to pay, political persuasion, or place of residence.
    Subd. 15. State and local advisory committees. (a) A state community
health services advisory committee is established to advise, consult with, and make
recommendations to the commissioner on the development, maintenance, funding, and
evaluation of local public health services. Each community health board may appoint a
member to serve on the committee. The committee must meet at least quarterly, and
special meetings may be called by the committee chair or a majority of the members.
Members or their alternates may be reimbursed for travel and other necessary expenses
while engaged in their official duties.
(b) Notwithstanding section 15.059, the State Community Health Services Advisory
Committee does not expire.
(c) The city boards or county boards that have established or are members of a
community health board may appoint a community health advisory to advise, consult
with, and make recommendations to the community health board on the duties under
subdivision 1a.

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

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

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

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

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

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

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

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

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

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

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

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

    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
145A.131 LOCAL PUBLIC HEALTH GRANT.
    Subdivision 1. Funding formula for community health boards. (a) Base funding
for each community health board eligible for a local public health grant under section
145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community
health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
programs: community health services subsidy; state and federal maternal and child health
special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
youth risk behavior grants; and available women, infants, and children grant funds in fiscal
year 2003, prior to unallotment, distributed based on the proportion of WIC participants
served in fiscal year 2003 within the CHS service area.
(b) Base funding for a community health board eligible for a local public health grant
under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph
(a), shall be adjusted by the percentage difference between the base, as calculated in
paragraph (a), and the funding available for the local public health grant.
(c) Multicounty or multicity community health boards shall receive a local
partnership base of up to $5,000 per year for each county or city in the case of a multicity
community health board included in the community health board.
(d) The State Community Health Advisory Committee may recommend a formula to
the commissioner to use in distributing state and federal funds to community health boards
organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally
identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04,
subdivision 1a, for use in distributing funds to community health boards beginning
January 1, 2006, and thereafter.
    Subd. 2. Local match. (a) A community health board that receives a local public
health grant shall provide at least a 75 percent match for the state funds received through
the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
(b) Eligible funds must be used to meet match requirements. Eligible funds include
funds from local property taxes, reimbursements from third parties, fees, other local funds,
and donations or nonfederal grants that are used for community health services described
in section 145A.02, subdivision 6.
(c) When the amount of local matching funds for a community health board is less
than the amount required under paragraph (a), the local public health grant provided for
that community health board under this section shall be reduced proportionally.
(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
that levies a tax for provision of community health services is exempt from any county
levy for the same services to the extent of the levy imposed by the city.
    Subd. 3. Accountability. (a) Community health boards accepting local public health
grants must document progress toward the statewide outcomes established in section
145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
meet all of the requirements and perform all of the duties described in sections 145A.03
and 145A.04, to maintain eligibility to receive the local public health grant.
(b) In determining whether or not the community health board is documenting
progress toward statewide outcomes, the commissioner shall consider the following factors:
(1) whether the community health board has documented progress to meeting
essential local activities related to the statewide outcomes, as specified in the grant
agreement;
(2) the effort put forth by the community health board toward the selected statewide
outcomes;
(3) whether the community health board has previously failed to document progress
toward selected statewide outcomes under this section;
(4) the amount of funding received by the community health board to address the
statewide outcomes; and
(5) other factors as the commissioner may require, if the commissioner specifically
identifies the additional factors in the commissioner's written notice of determination.
(c) If the commissioner determines that a community health board has not by
the applicable deadline documented progress toward the selected statewide outcomes
established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
notify the community health board in writing and recommend specific actions that the
community health board should take over the following 12 months to maintain eligibility
for the local public health grant.
(d) During the 12 months following the written notification, the commissioner shall
provide administrative and program support to assist the community health board in
taking the actions recommended in the written notification.
(e) If the community health board has not taken the specific actions recommended by
the commissioner within 12 months following written notification, the commissioner may
determine not to distribute funds to the community health board under section 145A.12,
subdivision 2 , for the next fiscal year.
(f) If the commissioner determines not to distribute funds for the next fiscal year, the
commissioner must give the community health board written notice of this determination
and allow the community health board to appeal the determination in writing.
(g) If the commissioner determines not to distribute funds for the next fiscal year
to a community health board that has not documented progress toward the statewide
outcomes and not taken the actions recommended by the commissioner, the commissioner
may retain local public health grant funds that the community health board would have
otherwise received and directly carry out essential local activities to meet the statewide
outcomes, or contract with other units of government or community-based organizations
to carry out essential local activities related to the statewide outcomes.
(h) If the community health board that does not document progress toward the
statewide outcomes is a city, the commissioner shall distribute the local public health
funds that would have been allocated to that city to the county in which the city is located,
if that county is part of a community health board.
(i) The commissioner shall establish a reporting system by which community health
boards will document their progress toward statewide outcomes. This system will be
developed in consultation with the State Community Health Services Advisory Committee
established in section 145A.10, subdivision 10, paragraph (a).
(b) By January 1 of each year, the commissioner shall notify community health
boards of the performance-related accountability requirements of the local public health
grant for that calendar year. Performance-related accountability requirements will be
comprised of a subset of the annual performance measures and will be selected in
consultation with the State Community Health Services Advisory Committee.
(c) If the commissioner determines that a community health board has not met the
accountability requirements, the commissioner shall notify the community health board in
writing and recommend specific actions the community health board must take over the
next six months in order to maintain eligibility for the Local Public Health Act grant.
(d) Following the written notification in paragraph (c), the commissioner shall
provide administrative and program support to assist the community health board as
required in section 145A.06, subdivision 3a.
(e) The commissioner shall provide the community health board two months
following the written notification to appeal the determination in writing.
(f) If the community health board has not submitted an appeal within two months
or has not taken the specific actions recommended by the commissioner within six
months following written notification, the commissioner may elect to not reimburse
invoices for funds submitted after the six-month compliance period and shall reduce by
1/12 the community health board's annual award allocation for every successive month
of noncompliance.
(g) The commissioner may retain the amount of funding that would have been
allocated to the community health board and assume responsibility for public health
activities in the geographic area served by the community health board.
    Subd. 4. Responsibility of commissioner to ensure a statewide public health
system. If a county withdraws from a community health board and operates as a board of
health or If a community health board elects not to accept the local public health grant,
the commissioner may retain the amount of funding that would have been allocated to
the community health board using the formula described in subdivision 1 and assume
responsibility for public health activities to meet the statewide outcomes in the geographic
area served by the board of health or community health board. The commissioner may
elect to directly provide public health activities to meet the statewide outcomes or contract
with other units of government or with community-based organizations. If a city that is
currently a community health board withdraws from a community health board or elects
not to accept the local public health grant, the local public health grant funds that would
have been allocated to that city shall be distributed to the county in which the city is
located, if the county is part of a community health board.
    Subd. 5. Local public health priorities Use of funds. Community health boards
may use their local public health grant to address local public health priorities identified
under section 145A.10, subdivision 5a. funds to address the areas of public health
responsibility and local priorities developed through the community health assessment and
community health improvement planning process.

    Sec. 28. REVISOR'S INSTRUCTION.
(a) The revisor shall change the terms "board of health" or "local board of health" or
any derivative of those terms to "community health board" where it appears in Minnesota
Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

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

ARTICLE 8

CONTINUING CARE

    Section 1. Minnesota Statutes 2012, section 245A.155, subdivision 1, is amended to
read:
    Subdivision 1. Licensed foster care and respite care. This section applies to
foster care agencies and licensed foster care providers who place, supervise, or care for
individuals who rely on medical monitoring equipment to sustain life or monitor a medical
condition that could become life-threatening without proper use of the medical equipment
in respite care or foster care.

    Sec. 2. Minnesota Statutes 2012, section 245A.155, subdivision 2, is amended to read:
    Subd. 2. Foster care agency requirements. In order for an agency to place an
individual who relies on medical equipment to sustain life or monitor a medical condition
that could become life-threatening without proper use of the medical equipment with a
foster care provider, the agency must ensure that the foster care provider has received the
training to operate such equipment as observed and confirmed by a qualified source,
and that the provider:
(1) is currently caring for an individual who is using the same equipment in the
foster home; or
(2) has written documentation that the foster care provider has cared for an
individual who relied on such equipment within the past six months; or
(3) has successfully completed training with the individual being placed with the
provider.

    Sec. 3. Minnesota Statutes 2012, section 245A.155, subdivision 3, is amended to read:
    Subd. 3. Foster care provider requirements. A foster care provider shall not care
for an individual who relies on medical equipment to sustain life or monitor a medical
condition that could become life-threatening without proper use of the medical equipment
unless the provider has received the training to operate such equipment as observed and
confirmed by a qualified source, and:
(1) is currently caring for an individual who is using the same equipment in the
foster home; or
(2) has written documentation that the foster care provider has cared for an
individual who relied on such equipment within the past six months; or
(3) has successfully completed training with the individual being placed with the
provider.

    Sec. 4. Minnesota Statutes 2012, section 245A.65, subdivision 2, is amended to read:
    Subd. 2. Abuse prevention plans. All license holders shall establish and enforce
ongoing written program abuse prevention plans and individual abuse prevention plans as
required under section 626.557, subdivision 14.
(a) The scope of the program abuse prevention plan is limited to the population,
physical plant, and environment within the control of the license holder and the location
where licensed services are provided. In addition to the requirements in section 626.557,
subdivision 14 , the program abuse prevention plan shall meet the requirements in clauses
(1) to (5).
(1) The assessment of the population shall include an evaluation of the following
factors: age, gender, mental functioning, physical and emotional health or behavior of the
client; the need for specialized programs of care for clients; the need for training of staff to
meet identified individual needs; and the knowledge a license holder may have regarding
previous abuse that is relevant to minimizing risk of abuse for clients.
(2) The assessment of the physical plant where the licensed services are provided
shall include an evaluation of the following factors: the condition and design of the
building as it relates to the safety of the clients; and the existence of areas in the building
which are difficult to supervise.
(3) The assessment of the environment for each facility and for each site when living
arrangements are provided by the agency shall include an evaluation of the following
factors: the location of the program in a particular neighborhood or community; the type
of grounds and terrain surrounding the building; the type of internal programming; and
the program's staffing patterns.
(4) The license holder shall provide an orientation to the program abuse prevention
plan for clients receiving services. If applicable, the client's legal representative must be
notified of the orientation. The license holder shall provide this orientation for each new
person within 24 hours of admission, or for persons who would benefit more from a later
orientation, the orientation may take place within 72 hours.
(5) The license holder's governing body or the governing body's delegated
representative shall review the plan at least annually using the assessment factors in the
plan and any substantiated maltreatment findings that occurred since the last review. The
governing body or the governing body's delegated representative shall revise the plan,
if necessary, to reflect the review results.
(6) A copy of the program abuse prevention plan shall be posted in a prominent
location in the program and be available upon request to mandated reporters, persons
receiving services, and legal representatives.
(b) In addition to the requirements in section 626.557, subdivision 14, the individual
abuse prevention plan shall meet the requirements in clauses (1) and (2).
(1) The plan shall include a statement of measures that will be taken to minimize the
risk of abuse to the vulnerable adult when the individual assessment required in section
626.557, subdivision 14 , paragraph (b), indicates the need for measures in addition to the
specific measures identified in the program abuse prevention plan. The measures shall
include the specific actions the program will take to minimize the risk of abuse within
the scope of the licensed services, and will identify referrals made when the vulnerable
adult is susceptible to abuse outside the scope or control of the licensed services. When
the assessment indicates that the vulnerable adult does not need specific risk reduction
measures in addition to those identified in the program abuse prevention plan, the
individual abuse prevention plan shall document this determination.
(2) An individual abuse prevention plan shall be developed for each new person as
part of the initial individual program plan or service plan required under the applicable
licensing rule. The review and evaluation of the individual abuse prevention plan shall
be done as part of the review of the program plan or service plan. The person receiving
services shall participate in the development of the individual abuse prevention plan to the
full extent of the person's abilities. If applicable, the person's legal representative shall be
given the opportunity to participate with or for the person in the development of the plan.
The interdisciplinary team shall document the review of all abuse prevention plans at least
annually, using the individual assessment and any reports of abuse relating to the person.
The plan shall be revised to reflect the results of this review.

    Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.02, is amended by adding a
subdivision to read:
    Subd. 37. Working day. "Working day" means Monday, Tuesday, Wednesday,
Thursday, or Friday, excluding any legal holiday.

    Sec. 6. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is
amended to read:
    Subdivision 1. Health needs. (a) The license holder is responsible for meeting health
service needs assigned in the coordinated service and support plan or the coordinated
service and support plan addendum, consistent with the person's health needs. The license
holder is responsible for promptly notifying the person's legal representative, if any, and
the case manager of changes in a person's physical and mental health needs affecting
health service needs assigned to the license holder in the coordinated service and support
plan or the coordinated service and support plan addendum, when within 24 hours of being
discovered by the license holder, or as directed in the coordinated service and support plan
or support plan addendum, unless the license holder has reason to know the change has
already been reported. The license holder must document when the notice is provided.
(b) If responsibility for meeting the person's health service needs has been assigned
to the license holder in the coordinated service and support plan or the coordinated service
and support plan addendum, the license holder must maintain documentation on how the
person's health needs will be met, including a description of the procedures the license
holder will follow in order to:
(1) provide medication assistance or medication administration according to this
chapter;
(2) monitor health conditions according to written instructions from a licensed
health professional;
(3) assist with or coordinate medical, dental, and other health service appointments; or
(4) use medical equipment, devices, or adaptive aides or technology safely and
correctly according to written instructions from a licensed health professional.

    Sec. 7. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b, is
amended to read:
    Subd. 1b. Medication assistance. If responsibility for medication assistance
is assigned to the license holder in the coordinated service and support plan or the
coordinated service and support plan addendum, the license holder must ensure that
the requirements of subdivision 2, paragraph (b), have been met when staff provides
medication assistance must be provided to enable a person to self-administer medication
or treatment when the person is capable of directing the person's own care, or when the
person's legal representative is present and able to direct care for the person. For the
purposes of this subdivision, "medication assistance" means any of the following:
(1) bringing to the person and opening a container of previously set up medications,
emptying the container into the person's hand, or opening and giving the medications in
the original container to the person;
(2) bringing to the person liquids or food to accompany the medication; or
(3) providing reminders, in person, remotely, or through programming devices
such as telephones, alarms, or medication boxes, to take regularly scheduled medication
or perform regularly scheduled treatments and exercises.

    Sec. 8. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is
amended to read:
    Subdivision 1. Incident response and reporting. (a) The license holder must
respond to incidents under section 245D.02, subdivision 11, that occur while providing
services to protect the health and safety of and minimize risk of harm to the person.
(b) The license holder must maintain information about and report incidents to the
person's legal representative or designated emergency contact and case manager within
24 hours of an incident occurring while services are being provided, within 24 hours of
discovery or receipt of information that an incident occurred, unless the license holder
has reason to know that the incident has already been reported, or as otherwise directed
in a person's coordinated service and support plan or coordinated service and support
plan addendum. An incident of suspected or alleged maltreatment must be reported as
required under paragraph (d), and an incident of serious injury or death must be reported
as required under paragraph (e).
(c) When the incident involves more than one person, the license holder must not
disclose personally identifiable information about any other person when making the report
to each person and case manager unless the license holder has the consent of the person.
(d) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the case manager of the report unless there is
reason to believe that the case manager is involved in the suspected maltreatment. The
license holder must disclose the nature of the activity or occurrence reported and the
agency that received the report.
(e) The license holder must report the death or serious injury of the person as
required in paragraph (b) and to the Department of Human Services Licensing Division,
and the Office of Ombudsman for Mental Health and Developmental Disabilities as
required under section 245.94, subdivision 2a, within 24 hours of the death or serious
injury, or receipt of information that the death or serious injury occurred, unless the license
holder has reason to know that the death or serious injury has already been reported.
(f) When a death or serious injury occurs in a facility certified as an intermediate
care facility for persons with developmental disabilities, the death or serious injury must
be reported to the Department of Health, Office of Health Facility Complaints, and the
Office of Ombudsman for Mental Health and Developmental Disabilities, as required
under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to
know that the death or serious injury has already been reported.
(g) The license holder must conduct an internal review of incident reports of deaths
and serious injuries that occurred while services were being provided and that were not
reported by the program as alleged or suspected maltreatment, for identification of incident
patterns, and implementation of corrective action as necessary to reduce occurrences.
The review must include an evaluation of whether related policies and procedures were
followed, whether the policies and procedures were adequate, whether there is a need for
additional staff training, whether the reported event is similar to past events with the
persons or the services involved, and whether there is a need for corrective action by the
license holder to protect the health and safety of persons receiving services. Based on
the results of this review, the license holder must develop, document, and implement a
corrective action plan designed to correct current lapses and prevent future lapses in
performance by staff or the license holder, if any.
(h) The license holder must verbally report the emergency use of manual restraint of
a person as required in paragraph (b) within 24 hours of the occurrence. The license holder
must ensure the written report and internal review of all incident reports of the emergency
use of manual restraints are completed according to the requirements in section 245D.061.

    Sec. 9. Minnesota Statutes 2013 Supplement, section 245D.07, subdivision 2, is
amended to read:
    Subd. 2. Service planning requirements for basic support services. (a) License
holders providing basic support services or intensive support services identified in section
245D.03, subdivision 1, paragraph (c), clauses (1) and (2), must meet the requirements
of this subdivision.
(b) Within 15 calendar days of service initiation the license holder must complete
a preliminary coordinated service and support plan addendum based on the coordinated
service and support plan.
(c) Within 60 calendar days of service initiation the license holder must review
and revise as needed the preliminary coordinated service and support plan addendum to
document the services that will be provided including how, when, and by whom services
will be provided, and the person responsible for overseeing the delivery and coordination
of services.
(d) The license holder must participate in service planning and support team
meetings for the person following stated timelines established in the person's coordinated
service and support plan or as requested by the person or the person's legal representative,
the support team or the expanded support team.

    Sec. 10. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1,
is amended to read:
    Subdivision 1. Requirements for intensive support services. Except for services
identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license
holder providing intensive support services identified in section 245D.03, subdivision 1,
paragraph (c), must comply with the requirements in this section and section 245D.07,
subdivisions 1 and 3.

    Sec. 11. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3,
is amended to read:
    Subd. 3. Assessment and initial service planning. (a) Within 15 calendar days of
service initiation the license holder must complete a preliminary coordinated service and
support plan addendum based on the coordinated service and support plan.
(b) Within 45 calendar days of service initiation the license holder must meet with
the person, the person's legal representative, the case manager, and other members of the
support team or expanded support team to assess and determine the following based on the
person's coordinated service and support plan and the requirements in subdivision 4 and
section 245D.07, subdivision 1a:
(1) the scope of the services to be provided to support the person's daily needs
and activities;
(2) the person's desired outcomes and the supports necessary to accomplish the
person's desired outcomes;
(3) the person's preferences for how services and supports are provided;
(4) whether the current service setting is the most integrated setting available and
appropriate for the person; and
(5) how services must be coordinated across other providers licensed under this
chapter serving the same person to ensure continuity of care for the person.
(c) Within the scope of services, the license holder must, at a minimum, assess
the following areas:
(1) the person's ability to self-manage health and medical needs to maintain or
improve physical, mental, and emotional well-being, including, when applicable, allergies,
seizures, choking, special dietary needs, chronic medical conditions, self-administration
of medication or treatment orders, preventative screening, and medical and dental
appointments;
(2) the person's ability to self-manage personal safety to avoid injury or accident in
the service setting, including, when applicable, risk of falling, mobility, regulating water
temperature, community survival skills, water safety skills, and sensory disabilities; and
(3) the person's ability to self-manage symptoms or behavior that may otherwise
result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7),
suspension or termination of services by the license holder, or other symptoms or
behaviors that may jeopardize the health and safety of the person or others.
The assessments must produce information about the person that is descriptive of the
person's overall strengths, functional skills and abilities, and behaviors or symptoms.

    Sec. 12. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4,
is amended to read:
    Subd. 4. Service outcomes and supports. (a) Within ten working days of the
45-day meeting, the license holder must develop and document the service outcomes and
supports based on the assessments completed under subdivision 3 and the requirements
in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
coordinated service and support plan addendum.
(b) The license holder must document the supports and methods to be implemented
to support the accomplishment of outcomes related to acquiring, retaining, or improving
skills. The documentation must include:
(1) the methods or actions that will be used to support the person and to accomplish
the service outcomes, including information about:
(i) any changes or modifications to the physical and social environments necessary
when the service supports are provided;
(ii) any equipment and materials required; and
(iii) techniques that are consistent with the person's communication mode and
learning style;
(2) the measurable and observable criteria for identifying when the desired outcome
has been achieved and how data will be collected;
(3) the projected starting date for implementing the supports and methods and
the date by which progress towards accomplishing the outcomes will be reviewed and
evaluated; and
(4) the names of the staff or position responsible for implementing the supports
and methods.
(c) Within 20 working days of the 45-day meeting, the license holder must submit
to and obtain dated signatures from the person or the person's legal representative and
case manager to document completion and approval of the assessment and coordinated
service and support plan addendum. If, within ten working days of the submission of the
assessment or coordinated service and support plan addendum, the person or the person's
legal representative or case manager has not signed and returned to the license holder the
assessment and coordinated service and support plan addendum or has not proposed
written modifications to the license holder's submission, the submission is deemed
approved and the assessment and coordinated service and support plan addendum become
effective and remain in effect until the legal representative or case manager submits a
written request to revise the assessment or coordinated service and support plan addendum.

    Sec. 13. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5,
is amended to read:
    Subd. 5. Progress reviews. (a) The license holder must give the person or the
person's legal representative and case manager an opportunity to participate in the ongoing
review and development of the methods used to support the person and accomplish
outcomes identified in subdivisions 3 and 4. The license holder, in coordination with
the person's support team or expanded support team, must meet with the person, the
person's legal representative, and the case manager, and participate in progress review
meetings following stated timelines established in the person's coordinated service and
support plan or coordinated service and support plan addendum or within 30 days of a
written request by the person, the person's legal representative, or the case manager,
at a minimum of once per year.
(b) The license holder must summarize the person's progress toward achieving the
identified outcomes and make recommendations and identify the rationale for changing,
continuing, or discontinuing implementation of supports and methods identified in
subdivision 4 in a written report sent to the person or the person's legal representative and
case manager five working days prior to the review meeting, unless the person, the person's
legal representative, or the case manager requests to receive the in a report available at
the time of the progress review meeting. The report must be sent five working days prior
to the progress review meeting if requested by the team in the coordinated service and
support plan or coordinated service and support plan addendum. Within 60 calendar days
of service initiation, the license holder must document the preference of the person or the
person's legal representative and the case manager regarding receiving written reports. The
license holder must document changes to those preferences when changes are requested.
(c) Within ten working days of the progress review meeting, the license holder
must obtain dated signatures from the person or the person's legal representative and
the case manager to document approval of any changes to the coordinated service and
support plan addendum.
(d) If, within ten working days of the submission of the changes to the coordinated
service and support plan addendum, the person or the person's legal representative or case
manager has not signed and returned to the license holder the coordinated service and
support plan addendum or has not proposed written modifications to the license holder's
submission, the submission is deemed approved and the coordinated service and support
plan addendum becomes effective and remains in effect until the legal representative or
case manager submits a written request to revise the coordinated service and support plan.

    Sec. 14. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is
amended to read:
    Subd. 3. Staff qualifications. (a) The license holder must ensure that staff providing
direct support, or staff who have responsibilities related to supervising or managing the
provision of direct support service, are competent as demonstrated through skills and
knowledge training, experience, and education to meet the person's needs and additional
requirements as written in the coordinated service and support plan or coordinated
service and support plan addendum, or when otherwise required by the case manager or
the federal waiver plan. The license holder must verify and maintain evidence of staff
competency, including documentation of:
(1) education and experience qualifications relevant to the job responsibilities
assigned to the staff and the needs of the general population of persons served by the
program, including a valid degree and transcript, or a current license, registration, or
certification, when a degree or licensure, registration, or certification is required by this
chapter or in the coordinated service and support plan or coordinated service and support
plan addendum;
(2) demonstrated competency in the orientation and training areas required under
this chapter, and when applicable, completion of continuing education required to
maintain professional licensure, registration, or certification requirements. Competency in
these areas is determined by the license holder through knowledge testing and or observed
skill assessment conducted by the trainer or instructor; and
(3) except for a license holder who is the sole direct support staff, periodic
performance evaluations completed by the license holder of the direct support staff
person's ability to perform the job functions based on direct observation.
(b) Staff under 18 years of age may not perform overnight duties or administer
medication.

    Sec. 15. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is
amended to read:
    Subd. 4. Orientation to program requirements. Except for a license holder
who does not supervise any direct support staff, within 60 calendar days of hire, unless
stated otherwise, the license holder must provide and ensure completion of ten hours of
orientation for direct support staff providing basic services and 30 hours of orientation
for direct support staff providing intensive services that combines supervised on-the-job
training with review of and instruction in the following areas:
(1) the job description and how to complete specific job functions, including:
(i) responding to and reporting incidents as required under section 245D.06,
subdivision 1; and
(ii) following safety practices established by the license holder and as required in
section 245D.06, subdivision 2;
(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation
of those policies and procedures;
(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;
(4) the service recipient rights and staff responsibilities related to ensuring the
exercise and protection of those rights according to the requirements in section 245D.04;
(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
reporting and service planning for children and vulnerable adults, and staff responsibilities
related to protecting persons from maltreatment and reporting maltreatment. This
orientation must be provided within 72 hours of first providing direct contact services and
annually thereafter according to section 245A.65, subdivision 3;
(6) the principles of person-centered service planning and delivery as identified in
section 245D.07, subdivision 1a, and how they apply to direct support service provided
by the staff person; and
(7) the safe and correct use of manual restraint on an emergency basis according to
the requirements in section 245D.061 and what constitutes the use of restraints, time out,
and seclusion, including chemical restraint;
(8) staff responsibilities related to prohibited procedures under section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior, and why such procedures are not safe;
(9) basic first aid; and
(10) other topics as determined necessary in the person's coordinated service and
support plan by the case manager or other areas identified by the license holder.

    Sec. 16. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a,
is amended to read:
    Subd. 4a. Orientation to individual service recipient needs. (a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff
person's job functions for that person.
(b) For community residential services, training and competency evaluations must
include the following, if identified in the coordinated service and support plan:
(1) appropriate and safe techniques in personal hygiene and grooming, including
hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
daily living (ADLs) as defined under section 256B.0659, subdivision 1;
(2) an understanding of what constitutes a healthy diet according to data from the
Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1; and
(4) demonstrated competence in providing first aid.
(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates
to the responsibilities assigned to the license holder, and when applicable, the person's
individual abuse prevention plan, to achieve and demonstrate an understanding of the
person as a unique individual, and how to implement those plans.
(d) The staff person must review and receive instruction on medication
administration procedures established for the person when medication administration is
assigned to the license holder according to section 245D.05, subdivision 1, paragraph
(b). Unlicensed staff may administer medications only after successful completion of a
medication administration training, from a training curriculum developed by a registered
nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
practitioner, physician's assistant, or physician. The training curriculum must incorporate
an observed skill assessment conducted by the trainer to ensure staff demonstrate the
ability to safely and correctly follow medication procedures.
Medication administration must be taught by a registered nurse, clinical nurse
specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
service initiation or any time thereafter, the person has or develops a health care condition
that affects the service options available to the person because the condition requires:
(1) specialized or intensive medical or nursing supervision; and
(2) nonmedical service providers to adapt their services to accommodate the health
and safety needs of the person.
(e) The staff person must review and receive instruction on the safe and correct
operation of medical equipment used by the person to sustain life or to monitor a medical
condition that could become life-threatening without proper use of the medical equipment,
including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training
must be provided by a licensed health care professional or a manufacturer's representative
and incorporate an observed skill assessment to ensure staff demonstrate the ability to
safely and correctly operate the equipment according to the treatment orders and the
manufacturer's instructions.
(f) The staff person must review and receive instruction on what constitutes use of
restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
related to the prohibitions of their use according to the requirements in section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior and why they are not safe, and the safe and correct use of manual
restraint on an emergency basis according to the requirements in section 245D.061.
(g) In the event of an emergency service initiation, the license holder must ensure
the training required in this subdivision occurs within 72 hours of the direct support staff
person first having unsupervised contact with the person receiving services. The license
holder must document the reason for the unplanned or emergency service initiation and
maintain the documentation in the person's service recipient record.
(h) (g) License holders who provide direct support services themselves must
complete the orientation required in subdivision 4, clauses (3) to (7) (10).

    Sec. 17. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is
amended to read:
    Subd. 5. Annual training. A license holder must provide annual training to direct
support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision
4a (10). A license holder must provide a minimum of 24 hours of annual training to
direct service staff with providing intensive services and having fewer than five years
of documented experience and 12 hours of annual training to direct service staff with
providing intensive services and having five or more years of documented experience in
topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant
topics received from sources other than the license holder may count toward training
requirements. A license holder must provide a minimum of 12 hours of annual training
to direct service staff providing basic services and having fewer than five years of
documented experience and six hours of annual training to direct service staff providing
basic services and having five or more years of documented experience.

    Sec. 18. Minnesota Statutes 2013 Supplement, section 245D.095, subdivision 3,
is amended to read:
    Subd. 3. Service recipient record. (a) The license holder must maintain a record of
current services provided to each person on the premises where the services are provided
or coordinated. When the services are provided in a licensed facility, the records must
be maintained at the facility, otherwise the records must be maintained at the license
holder's program office. The license holder must protect service recipient records against
loss, tampering, or unauthorized disclosure according to the requirements in sections
13.01 to 13.10 and 13.46.
(b) The license holder must maintain the following information for each person:
(1) an admission form signed by the person or the person's legal representative
that includes:
(i) identifying information, including the person's name, date of birth, address,
and telephone number; and
(ii) the name, address, and telephone number of the person's legal representative, if
any, and a primary emergency contact, the case manager, and family members or others as
identified by the person or case manager;
(2) service information, including service initiation information, verification of the
person's eligibility for services, documentation verifying that services have been provided
as identified in the coordinated service and support plan or coordinated service and support
plan addendum according to paragraph (a), and date of admission or readmission;
(3) health information, including medical history, special dietary needs, and
allergies, and when the license holder is assigned responsibility for meeting the person's
health service needs according to section 245D.05:
(i) current orders for medication, treatments, or medical equipment and a signed
authorization from the person or the person's legal representative to administer or assist in
administering the medication or treatments, if applicable;
(ii) a signed statement authorizing the license holder to act in a medical emergency
when the person's legal representative, if any, cannot be reached or is delayed in arriving;
(iii) medication administration procedures;
(iv) a medication administration record documenting the implementation of the
medication administration procedures, and the medication administration record reviews,
including any agreements for administration of injectable medications by the license
holder according to the requirements in section 245D.05; and
(v) a medical appointment schedule when the license holder is assigned
responsibility for assisting with medical appointments;
(4) the person's current coordinated service and support plan or that portion of the
plan assigned to the license holder;
(5) copies of the individual abuse prevention plan and assessments as required under
section 245D.071, subdivisions 2 and subdivision 3;
(6) a record of other service providers serving the person when the person's
coordinated service and support plan or coordinated service and support plan addendum
identifies the need for coordination between the service providers, that includes a contact
person and telephone numbers, services being provided, and names of staff responsible for
coordination;
(7) documentation of orientation to service recipient rights according to section
245D.04, subdivision 1 , and maltreatment reporting policies and procedures according to
section 245A.65, subdivision 1, paragraph (c);
(8) copies of authorizations to handle a person's funds, according to section 245D.06,
subdivision 4, paragraph (a);
(9) documentation of complaints received and grievance resolution;
(10) incident reports involving the person, required under section 245D.06,
subdivision 1;
(11) copies of written reports regarding the person's status when requested according
to section 245D.07, subdivision 3, progress review reports as required under section
245D.071, subdivision 5 , progress or daily log notes that are recorded by the program,
and reports received from other agencies involved in providing services or care to the
person; and
(12) discharge summary, including service termination notice and related
documentation, when applicable.

    Sec. 19. Minnesota Statutes 2013 Supplement, section 245D.22, subdivision 4, is
amended to read:
    Subd. 4. First aid must be available on site. (a) A staff person trained in first
aid must be available on site and, when required in a person's coordinated service and
support plan or coordinated service and support plan addendum, be able to provide
cardiopulmonary resuscitation, whenever persons are present and staff are required to be
at the site to provide direct service. The CPR training must include in-person instruction,
hands-on practice, and an observed skills assessment under the direct supervision of a
CPR instructor.
(b) A facility must have first aid kits readily available for use by, and that meet
the needs of, persons receiving services and staff. At a minimum, the first aid kit must
be equipped with accessible first aid supplies including bandages, sterile compresses,
scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap,
adhesive tape, and first aid manual.

    Sec. 20. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 3, is
amended to read:
    Subd. 3. Staff ratio requirement for each person receiving services. The case
manager, in consultation with the interdisciplinary team, must determine at least once each
year which of the ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving
services on the basis of the characteristics described in subdivisions 4, 5, and 6. The ratio
assigned each person and the documentation of how the ratio was arrived at must be kept
in each person's individual service plan. Documentation must include an assessment of the
person with respect to the characteristics in subdivisions 4, 5, and 6 recorded on a standard
assessment form required by the commissioner.

    Sec. 21. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 4, is
amended to read:
    Subd. 4. Person requiring staff ratio of one to four. A person must be assigned a
staff ratio requirement of one to four if:
(1) on a daily basis the person requires total care and monitoring or constant
hand-over-hand physical guidance to successfully complete at least three of the following
activities: toileting, communicating basic needs, eating, ambulating; or is not capable of
taking appropriate action for self-preservation under emergency conditions; or
(2) the person engages in conduct that poses an imminent risk of physical harm to
self or others at a documented level of frequency, intensity, or duration requiring frequent
daily ongoing intervention and monitoring as established in the person's coordinated
service and support plan or coordinated service and support plan addendum.

    Sec. 22. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 5, is
amended to read:
    Subd. 5. Person requiring staff ratio of one to eight. A person must be assigned a
staff ratio requirement of one to eight if:
(1) the person does not meet the requirements in subdivision 4; and
(2) on a daily basis the person requires verbal prompts or spot checks and minimal
or no physical assistance to successfully complete at least four three of the following
activities: toileting, communicating basic needs, eating, or ambulating, or taking
appropriate action for self-preservation under emergency conditions.

    Sec. 23. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to
read:
    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
must meet the following requirements:
    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:
    (i) supervision by a qualified professional every 60 days; and
    (ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;
    (2) be employed by a personal care assistance provider agency;
    (3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:
    (i) not disqualified under section 245C.14; or
    (ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
    (4) be able to effectively communicate with the recipient and personal care
assistance provider agency;
    (5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
or physician;
    (6) not be a consumer of personal care assistance services;
    (7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;
    (8) effective January 1, 2010, complete standardized training as determined
by the commissioner before completing enrollment. The training must be available
in languages other than English and to those who need accommodations due to
disabilities. Personal care assistant training must include successful completion of the
following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;
    (9) complete training and orientation on the needs of the recipient; and
    (10) be limited to providing and being paid for up to 275 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.
    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).
    (c) Persons who do not qualify as a personal care assistant include parents,
stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
and staff of a residential setting. When the personal care assistant is a relative of the
recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
a grandchild.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 24. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to
read:
    Subd. 28. Personal care assistance provider agency; required documentation.
(a) Required documentation must be completed and kept in the personal care assistance
provider agency file or the recipient's home residence. The required documentation
consists of:
(1) employee files, including:
(i) applications for employment;
(ii) background study requests and results;
(iii) orientation records about the agency policies;
(iv) trainings completed with demonstration of competence;
(v) supervisory visits;
(vi) evaluations of employment; and
(vii) signature on fraud statement;
(2) recipient files, including:
(i) demographics;
(ii) emergency contact information and emergency backup plan;
(iii) personal care assistance service plan;
(iv) personal care assistance care plan;
(v) month-to-month service use plan;
(vi) all communication records;
(vii) start of service information, including the written agreement with recipient; and
(viii) date the home care bill of rights was given to the recipient;
(3) agency policy manual, including:
(i) policies for employment and termination;
(ii) grievance policies with resolution of consumer grievances;
(iii) staff and consumer safety;
(iv) staff misconduct; and
(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;
(4) time sheets for each personal care assistant along with completed activity sheets
for each recipient served; and
(5) agency marketing and advertising materials and documentation of marketing
activities and costs; and.
(6) for each personal care assistant, whether or not the personal care assistant is
providing care to a relative as defined in subdivision 11.
(b) The commissioner may assess a fine of up to $500 on provider agencies that do
not consistently comply with the requirements of this subdivision.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 25. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1,
is amended to read:
    Subdivision 1. Essential community supports. (a) The purpose of the essential
community supports program is to provide targeted services to persons age 65 and older
who need essential community support, but whose needs do not meet the level of care
required for nursing facility placement under section 144.0724, subdivision 11.
(b) Essential community supports are available not to exceed $400 per person per
month. Essential community supports may be used as authorized within an authorization
period not to exceed 12 months. Services must be available to a person who:
(1) is age 65 or older;
(2) is not eligible for medical assistance;
(3) has received a community assessment under section 256B.0911, subdivision 3a
or 3b, and does not require the level of care provided in a nursing facility;
(4) meets the financial eligibility criteria for the alternative care program under
section 256B.0913, subdivision 4;
(5) has a community support plan; and
(6) has been determined by a community assessment under section 256B.0911,
subdivision 3a or 3b, to be a person who would require provision of at least one of the
following services, as defined in the approved elderly waiver plan, in order to maintain
their community residence:
(i) caregiver support;
(ii) adult day services;
(ii) (iii) homemaker support;
(iii) (iv) chores;
(iv) (v) a personal emergency response device or system;
(v) (vi) home-delivered meals; or
(vi) (vii) community living assistance as defined by the commissioner.
(c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination, not to exceed $600 in a 12-month authorization
period, as part of their community support plan.
(d) A person who has been determined to be eligible for essential community
supports must be reassessed at least annually and continue to meet the criteria in paragraph
(b) to remain eligible for essential community supports.
(e) The commissioner is authorized to use federal matching funds for essential
community supports as necessary and to meet demand for essential community supports
as outlined in subdivision 2, and that amount of federal funds is appropriated to the
commissioner for this purpose.

    Sec. 26. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
is amended to read:
    Subd. 10. Enrollment requirements. All (a) Except as provided in paragraph (b),
the following home and community-based waiver providers must provide, at the time of
enrollment and within 30 days of a request, in a format determined by the commissioner,
information and documentation that includes, but is not limited to, the following:
(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous calendar year, whichever is greater;
(2) proof of fidelity bond coverage in the amount of $20,000; and
(3) proof of liability insurance.:
(1) waiver services providers required to meet the provider standards in chapter 245D;
(2) foster care providers whose services are funded by the elderly waiver or
alternative care program;
(3) fiscal support entities;
(4) adult day care providers;
(5) providers of customized living services; and
(6) residential care providers.
(b) Providers of foster care services covered by section 245.814 are exempt from
this subdivision.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 27. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
WITH DISABILITIES.
(a) Individuals receiving services under a home and community-based waiver under
section 256B.092 or 256B.49 may receive services in the following settings:
(1) an individual's own home or family home;
(2) a licensed adult foster care or child foster care setting of up to five people or
community residential setting of up to five people; and
(3) community living settings as defined in section 256B.49, subdivision 23, where
individuals with disabilities may reside in all of the units in a building of four or fewer
units, and no more than the greater of four or 25 percent of the units in a multifamily
building of more than four units, unless required by the Housing Opportunities for Persons
with AIDS Program.
(b) The settings in paragraph (a) must not:
(1) be located in a building that is a publicly or privately operated facility that
provides institutional treatment or custodial care;
(2) be located in a building on the grounds of or adjacent to a public or private
institution;
(3) be a housing complex designed expressly around an individual's diagnosis or
disability, unless required by the Housing Opportunities for Persons with AIDS Program;
(4) be segregated based on a disability, either physically or because of setting
characteristics, from the larger community; and
(5) have the qualities of an institution which include, but are not limited to:
regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
agreed to and documented in the person's individual service plan shall not result in a
residence having the qualities of an institution as long as the restrictions for the person are
not imposed upon others in the same residence and are the least restrictive alternative,
imposed for the shortest possible time to meet the person's needs.
(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
individuals receive services under a home and community-based waiver as of July 1,
2012, and the setting does not meet the criteria of this section.
(d) Notwithstanding paragraph (c), a program in Hennepin County established as
part of a Hennepin County demonstration project is qualified for the exception allowed
under paragraph (c).
(e) The commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012.

    Sec. 28. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
    Subdivision 1. Commissioner's duties; report. The commissioner of human
services shall solicit proposals for the conversion of services provided for persons with
disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or
community residential settings licensed under chapter 245D, to other types of community
settings in conjunction with the closure of identified licensed adult foster care settings.

    Sec. 29. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt
rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use
of the emergency program under MFIP as the primary financial resource when available.
The commissioner shall adopt rules for eligibility for general assistance of persons with
seasonal income and may attribute seasonal income to other periods not in excess of one
year from receipt by an applicant or recipient. General assistance payments may not be
made for foster care, community residential settings licensed under chapter 245D, child
welfare services, or other social services. Vendor payments and vouchers may be issued
only as authorized in sections 256D.05, subdivision 6, and 256D.09.

    Sec. 30. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
    Subd. 6. Excluded time. "Excluded time" means:
(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
other than an emergency shelter, halfway house, foster home, community residential
setting licensed under chapter 245D, semi-independent living domicile or services
program, residential facility offering care, board and lodging facility or other institution
for the hospitalization or care of human beings, as defined in section 144.50, 144A.01,
or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional
facility; or any facility based on an emergency hold under sections 253B.05, subdivisions
1 and 2, and 253B.07, subdivision 6;
(2) any period an applicant spends on a placement basis in a training and habilitation
program, including: a rehabilitation facility or work or employment program as defined
in section 268A.01; semi-independent living services provided under section 252.275,
and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
programs and assisted living services; and
(3) any placement for a person with an indeterminate commitment, including
independent living.

    Sec. 31. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
    Subd. 3. Group residential housing. "Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section 256I.04. This definition includes foster care
settings or community residential settings for a single adult. To receive payment for a
group residence rate, the residence must meet the requirements under section 256I.04,
subdivision 2a .

    Sec. 32. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
    Subd. 2a. License required. A county agency may not enter into an agreement with
an establishment to provide group residential housing unless:
(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; a residential care home; a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules,
parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or
(iv) licensed under section 245D.02, subdivision 4a, as a community residential setting
by the commissioner of human services;
(3) the establishment is registered under chapter 144D and provides three meals a
day, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; or
(4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing.
The requirements under clauses (1) to (4) do not apply to establishments exempt
from state licensure because they are located on Indian reservations and subject to tribal
health and safety requirements.

    Sec. 33. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
amended to read:
    Subd. 9. Common entry point designation. (a) Each county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point. The commissioner of human services shall
establish a common entry point effective July 1, 2014 no sooner than January 1, 2015.
The common entry point is the unit responsible for receiving the report of suspected
maltreatment under this section.
(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;
(5) whether there was a risk of imminent danger to the alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the alleged victim;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of the initial and final
reports; and
(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.
(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative
agency, those agencies shall take the report on the appropriate common entry point intake
forms and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized database
for the collection of common entry point data, lead investigative agency data including
maltreatment report disposition, and appeals data. The common entry point shall
have access to the centralized database and must log the reports into the database and
immediately identify and locate prior reports of abuse, neglect, or exploitation.
(h) When appropriate, the common entry point staff must refer calls that do not
allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
that might resolve the reporter's concerns.
(i) A common entry point must be operated in a manner that enables the
commissioner of human services to:
(1) track critical steps in the reporting, evaluation, referral, response, disposition,
and investigative process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for
monitoring patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect,
or exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) track and manage consumer complaints related to the common entry point.
(j) The commissioners of human services and health shall collaborate on the
creation of a system for referring reports to the lead investigative agencies. This system
shall enable the commissioner of human services to track critical steps in the reporting,
evaluation, referral, response, disposition, investigation, notification, determination, and
appeal processes.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 34. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
date, is amended to read:
EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or
older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

    Sec. 35. Laws 2013, chapter 108, article 7, section 60, is amended to read:
    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
1, 2014.
(a) The commissioner of human services shall increase reimbursement rates, grants,
allocations, individual limits, and rate limits, as applicable, by one percent for the rate
period beginning April 1, 2014, for services rendered on or after those dates. County or
tribal contracts for services specified in this section must be amended to pass through
these rate increases within 60 days of the effective date.
(b) The rate changes described in this section must be provided to:
(1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section 256B.501;
(2) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49 ;
(3) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
(4) brain injury waivered services, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(5) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;
(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a ;
(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7 ;
(9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
(10) alternative care services under Minnesota Statutes, section 256B.0913, and
essential community supports under Minnesota Statutes, section 256B.0922;
(11) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;
(12) semi-independent living services (SILS) under Minnesota Statutes, section
252.275 , including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256M;
(13) consumer support grants under Minnesota Statutes, section 256.476;
(14) family support grants under Minnesota Statutes, section 252.32;
(15) housing access grants under Minnesota Statutes, sections 256B.0658 and
256B.0917, subdivision 14 ;
(16) self-advocacy grants under Laws 2009, chapter 101;
(17) technology grants under Laws 2009, chapter 79;
(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
and 256B.0928; and
(19) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
and Laws 1997, First Special Session chapter 5, section 20.
(c) A managed care plan receiving state payments for the services in this section
must include these increases in their payments to providers. To implement the rate increase
in this section, capitation rates paid by the commissioner to managed care organizations
under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the
specified services for the period beginning April 1, 2014.
(d) Counties shall increase the budget for each recipient of consumer-directed
community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
EFFECTIVE DATE.This section is effective retroactively from April 1, 2014.

    Sec. 36. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN
IMPLEMENTATION.
The autism spectrum disorder statewide strategic plan developed by the Minnesota
Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively
by the commissioners of education, employment and economic development, health, and
human services. Within existing funding, the commissioners shall:
(1) work across state agencies and with key stakeholders to implement the strategic
plan;
(2) prepare progress reports on the implementation of the plan twice per year and
make the progress reports available to the public; and
(3) provide two opportunities per year for interested parties, including, but not
limited to, individuals with autism, family members of individuals with autism spectrum
disorder, underserved and diverse communities impacted by autism spectrum disorder,
medical professionals, health plans, service providers, and schools, to provide input on
the implementation of the strategic plan.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 37. REPEALER.
(a) Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 2, is
repealed.
(b) Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1,
2, 3, and 4, are repealed effective the day following final enactment.

ARTICLE 9

HEALTH CARE

    Section 1. Minnesota Statutes 2012, section 256.962, is amended by adding a
subdivision to read:
    Subd. 9. Payment to navigators. A navigator is limited to one payment or fee
for assistance with an individual application, regardless of whether the application is
submitted or processed more than once.

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

    Sec. 3. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) "Complex private duty home care nursing care"
means home care nursing services provided to recipients who are ventilator dependent or
for whom a physician has certified that the recipient would meet the criteria for inpatient
hospital intensive care unit (ICU) level of care meet the criteria for regular home care
nursing and require life-sustaining interventions to reduce the risk of long-term injury
or death.
(b) "Private duty Home care nursing" means ongoing professional physician-ordered
hourly nursing services by a registered or licensed practical nurse including assessment,
professional nursing tasks, and education, based on an assessment and physician orders
to maintain or restore optimal health of the recipient. performed by a registered nurse or
licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
health.
(c) "Private duty Home care nursing agency" means a medical assistance enrolled
provider licensed under chapter 144A to provide private duty home care nursing services.
(d) "Regular private duty home care nursing" means nursing services provided to
a recipient who is considered stable and not at an inpatient hospital intensive care unit
level of care, but may have episodes of instability that are not life threatening home care
nursing provided because:
(1) the recipient requires more individual and continuous care than can be provided
during a skilled nurse visit; or
(2) the cares are outside of the scope of services that can be provided by a home
health aide or personal care assistant.
(e) "Shared private duty home care nursing" means the provision of home care
nursing services by a private duty home care nurse to two recipients at the same time
and in the same setting.
EFFECTIVE DATE.This section is effective July 1, 2014.

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

    Sec. 5. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision
to read:
    Subd. 35. Statewide procurement. (a) For calendar year 2015, the commissioner
may extend a demonstration provider's contract under this section for a sixth year after
the most recent procurement. For calendar year 2015, section 16B.98, subdivision
5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to
contracts under this section.
(b) For calendar year 2016 contracts under this section, the commissioner shall
procure through a statewide procurement, which includes all 87 counties, demonstration
providers, and participating entities as defined in section 256L.01, subdivision 7. The
commissioner shall publish a request for proposals by January 5, 2015. As part of the
procurement process, the commissioner shall:
(1) seek each individual county's input regarding the respondent's network of health
care providers;
(2) organize counties into regional groups, or single counties for the largest and
most diverse counties, and seek each regional group's or county's input regarding the
respondent's ability to fully and adequately deliver required health care services; and
(3) use a scoring system for evaluating respondents that at least considers:
(i) the degree to which a respondent's health care provider network is contracted
through total-cost-of-care contracts, risk-sharing arrangements, or other payment reforms
designed to generate long-term savings;
(ii) the degree to which a respondent has demonstrated mechanisms and processes to
achieve integration of medical care, behavioral health care, and county social services,
taking into account county input on the respondent's performance on these measures;
(iii) the degree to which a respondent has a comprehensive quality program that is
designed to ensure enrollee access to appropriate, high-quality, coordinated services;
(iv) each county's input regarding a respondent's network of health care providers;
(v) the demonstrated ability to respond to the needs of special populations within
that geographic area and to have sufficient capacity to serve populations with unique
language, cultural, or other needs;
(vi) the degree to which the respondent is willing to commit to sufficient capacity in
its network to meet the demand for evening and weekend appointments for populations
unable to leave work for basic primary care;
(vii) regional county group's input regarding a respondent's ability to fully and
adequately deliver required health care services;
(viii) a respondent's past performance on administrative requirements;
(ix) a respondent's ability to assist an enrollee who may be transitioning between
public health care programs and premium tax credits in the individual insurance market;
(x) the total cost of a respondent's proposal; and
(xi) any other criteria that the commissioner finds necessary to ensure compliance
with federal law or to ensure that enrollees receive high-quality health care.

    Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
(a) Effective for services provided on or after July 1, 2009, total payments for basic
care services, shall be reduced by three percent, except that for the period July 1, 2009,
through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
assistance and general assistance medical care programs, prior to third-party liability and
spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical
therapy services, occupational therapy services, and speech-language pathology and
related services as basic care services. The reduction in this paragraph shall apply to
physical therapy services, occupational therapy services, and speech-language pathology
and related services provided on or after July 1, 2010.
(b) Payments made to managed care plans and county-based purchasing plans shall
be reduced for services provided on or after October 1, 2009, to reflect the reduction
effective July 1, 2009, and payments made to the plans shall be reduced effective October
1, 2010, to reflect the reduction effective July 1, 2010.
(c) Effective for services provided on or after September 1, 2011, through June 30,
2013, total payments for outpatient hospital facility fees shall be reduced by five percent
from the rates in effect on August 31, 2011.
(d) Effective for services provided on or after September 1, 2011, through June
30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies
and durable medical equipment not subject to a volume purchase contract, prosthetics
and orthotics, renal dialysis services, laboratory services, public health nursing services,
physical therapy services, occupational therapy services, speech therapy services,
eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume
purchase contract, and anesthesia services shall be reduced by three percent from the
rates in effect on August 31, 2011.
(e) Effective for services provided on or after September 1, 2014, payments for
ambulatory surgery centers facility fees, medical supplies and durable medical equipment
not subject to a volume purchase contract, prosthetics and orthotics, hospice services, renal
dialysis services, laboratory services, public health nursing services, eyeglasses not subject
to a volume purchase contract, and hearing aids not subject to a volume purchase contract
shall be increased by three percent and payments for outpatient hospital facility fees shall
be increased by three percent. Payments made to managed care plans and county-based
purchasing plans shall not be adjusted to reflect payments under this paragraph.
(f) This section does not apply to physician and professional services, inpatient
hospital services, family planning services, mental health services, dental services,
prescription drugs, medical transportation, federally qualified health centers, rural health
centers, Indian health services, and Medicare cost-sharing.
(g) Effective January 1, 2015, for purposes of this section, "basic care services"
means: ambulatory surgical center facility services, medical supplies and durable medical
equipment not subject to a volume purchase contract, prosthetics and orthotics, renal
dialysis services, laboratory services, public health nursing services, eyeglasses and
contacts not subject to a volume purchase contract, hearing aids not subject to a volume
purchase contract, outpatient hospital facility services, and anesthesia services. For
purposes of medical assistance and MinnesotaCare payment adjustments effective on or
after January 1, 2015, the commissioner shall not classify medical supplies, durable medical
equipment, prosthetics, and orthotics in any service category other than basic care services.

    Sec. 7. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS
CHRONIC CONDITIONS.
The commissioner of human services shall incorporate strategies and activities in the
Department of Human Service's planning efforts and design of the state Medicaid plan
option under section 2703 of the Patient Protection and Affordable Care Act that address
chronic medical or behavioral health conditions complicated by socioeconomic factors
such as race, ethnicity, age, immigration, or language.

    Sec. 8. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the term "private duty nursing" or similar terms
to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
Rules. The revisor shall also make grammatical changes related to the changes in terms.

ARTICLE 10

MISCELLANEOUS

    Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21,
is amended to read:
    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for
Medicare and Medicaid Services determines that a provider is designated "high-risk," the
commissioner may withhold payment from providers within that category upon initial
enrollment for a 90-day period. The withholding for each provider must begin on the date
of the first submission of a claim.
(b) An enrolled provider that is also licensed by the commissioner under chapter
245A must designate an individual as the entity's compliance officer. The compliance
officer must:
(1) develop policies and procedures to assure adherence to medical assistance laws
and regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of
the provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws
and regulations;
(5) promptly report to the commissioner any identified violations of medical
assistance laws or regulations; and
    (6) within 60 days of discovery by the provider of a medical assistance
reimbursement overpayment, report the overpayment to the commissioner and make
arrangements with the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the enrollment of an ordering or rendering
provider for a period of not more than one year, if the provider fails to maintain and, upon
request from the commissioner, provide access to documentation relating to written orders
or requests for payment for durable medical equipment, certifications for home health
services, or referrals for other items or services written or ordered by such provider, when
the commissioner has identified a pattern of a lack of documentation. A pattern means a
failure to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
provider under the provisions of section 256B.064.
(d) The commissioner shall terminate or deny the enrollment of any individual or
entity if the individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other state.
(e) As a condition of enrollment in medical assistance, the commissioner shall
require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.
(f) As a condition of enrollment in medical assistance, the commissioner shall
require that a high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is
designated high-risk for fraud, waste, or abuse.
(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all
durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
suppliers meeting the durable medical equipment provider and supplier definition in clause
(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond
that is annually renewed and designates the Minnesota Department of Human Services as
the obligee, and must be submitted in a form approved by the commissioner. For purposes
of this clause, the following medical suppliers are not required to obtain a surety bond:
a federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.
(2) At the time of initial enrollment or reenrollment, the provider agency durable
medical equipment providers and suppliers defined in clause (3) must purchase a
performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in
the previous calendar year is up to and including $300,000, the provider agency must
purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid
revenue in the previous calendar year is over $300,000, the provider agency must purchase
a performance surety bond of $100,000. The performance surety bond must allow for
recovery of costs and fees in pursuing a claim on the bond.
(3) "Durable medical equipment provider or supplier" means a medical supplier that
can purchase medical equipment or supplies for sale or rental to the general public and
is able to perform or arrange for necessary repairs to and maintenance of equipment
offered for sale or rental.
(h) The Department of Human Services may require a provider to purchase a
performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
department determines there is significant evidence of or potential for fraud and abuse by
the provider, or (3) the provider or category of providers is designated high-risk pursuant
to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
performance surety bond must be in an amount of $100,000 or ten percent of the provider's
payments from Medicaid during the immediately preceding 12 months, whichever is
greater. The performance surety bond must name the Department of Human Services as
an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
This paragraph does not apply if the provider already maintains a surety bond that meets
the specifications of another surety bond requirement in this chapter.

    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
is amended to read:
    Subd. 21. Requirements for provider enrollment of personal care assistance
provider agencies. (a) All personal care assistance provider agencies must provide, at the
time of enrollment, reenrollment, and revalidation as a personal care assistance provider
agency in a format determined by the commissioner, information and documentation that
includes, but is not limited to, the following:
    (1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's
Medicaid revenue in the previous calendar year is up to and including $300,000, the
provider agency must purchase a performance surety bond of $50,000. If the Medicaid
revenue in the previous year is over $300,000, the provider agency must purchase a
performance surety bond of $100,000. The performance surety bond must be in a form
approved by the commissioner, must be renewed annually, and must allow for recovery of
costs and fees in pursuing a claim on the bond;
    (3) proof of fidelity bond coverage in the amount of $20,000;
    (4) proof of workers' compensation insurance coverage;
    (5) proof of liability insurance;
    (6) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directors, owners, or staff to other service providers;
    (7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;
    (8) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
    (i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;
    (ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and
    (iii) the personal care assistance provider agency's template for the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
    (9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;
    (10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;
    (11) documentation of the agency's marketing practices;
    (12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services;
    (13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services
for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
personal care assistance choice option and 72.5 percent of revenue from other personal
care assistance providers. The revenue generated by the qualified professional and the
reasonable costs associated with the qualified professional shall not be used in making
this calculation; and
    (14) effective May 15, 2010, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by requiring personal
care assistants to sign an agreement not to work with any particular personal care
assistance recipient or for another personal care assistance provider agency after leaving
the agency and that the agency is not taking action on any such agreements or requirements
regardless of the date signed.
    (b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.
    (c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training
as determined by the commissioner before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are active in
the day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to repeat
the required training if they are hired by another agency, if they have completed the
training within the past three years. By September 1, 2010, the required training must
be available with meaningful access according to title VI of the Civil Rights Act and
federal regulations adopted under that law or any guidance from the United States Health
and Human Services Department. The required training must be available online or by
electronic remote connection. The required training must provide for competency testing.
Personal care assistance provider agency billing staff shall complete training about
personal care assistance program financial management. This training is effective July 1,
2009. Any personal care assistance provider agency enrolled before that date shall, if it
has not already, complete the provider training within 18 months of July 1, 2009. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. Personal care assistance provider agencies certified for participation in Medicare
as home health agencies are exempt from the training required in this subdivision. When
available, Medicare-certified home health agency owners, supervisors, or managers must
successfully complete the competency test.

    Sec. 3. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated
risk-based managed care option for services in an intermediate care facility for persons
with developmental disabilities according to the terms and conditions of the federal
agreement governing the managed care pilot. The commissioner may grant a variance
to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts
9525.1200 to 9525.1330 and 9525.1580.

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

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

    Sec. 6. [325F.1791] CERTAIN ANTIBACTERIAL PRODUCTS; SALE
PERMITTED UNDER CERTAIN CIRCUMSTANCES.
    Subdivision 1. Generally. A person may offer for sale in Minnesota a product that
contains only trace amounts of triclosan, triclocarban, or similar antibacterial compounds
and may label the product as "triclosan free."
    Subd. 2. Exception. Subdivision 1 applies only if the trace amounts of triclosan,
triclocarban, or similar antibacterial compounds referenced in subdivision 1 were caused
by the raw materials or the manufacturing process and were not added by the seller.
EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
products offered for sale or sold on or after that date.

    Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
    Subd. 2. Selection of members, terms, vacancies. Except in counties which
contain a city of the first class and counties having a poor and hospital commission, the
local social services agency shall consist of seven members, including the board of county
commissioners, to be selected as herein provided; two members, one of whom shall be
a woman, shall be appointed by the commissioner of human services board of county
commissioners, one each year for a full term of two years, from a list of residents, submitted
by the board of county commissioners. As each term expires or a vacancy occurs by reason
of death or resignation, a successor shall be appointed by the commissioner of human
services board of county commissioners for the full term of two years or the balance of any
unexpired term from a list of one or more, not to exceed three residents submitted by the
board of county commissioners. The board of county commissioners may, by resolution
adopted by a majority of the board, determine that only three of their members shall be
members of the local social services agency, in which event the local social services agency
shall consist of five members instead of seven. When a vacancy occurs on the local social
services agency by reason of the death, resignation, or expiration of the term of office of a
member of the board of county commissioners, the unexpired term of such member shall
be filled by appointment by the county commissioners. Except to fill a vacancy the term
of office of each member of the local social services agency shall commence on the first
Thursday after the first Monday in July, and continue until the expiration of the term
for which such member was appointed or until a successor is appointed and qualifies.
If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
or more nominees to the commissioner of human services for appointment to the local
social services agency by the commissioner of human services, as herein provided, or to
appoint the three members to the local social services agency, as herein provided, by the
time when the terms of such members commence, or, in the event of vacancies, for a
period of 30 days thereafter, the commissioner of human services is hereby empowered
to and shall forthwith appoint residents of the county to the local social services agency.
The commissioner of human services, on refusing to appoint a nominee from the list of
nominees submitted by the board of county commissioners, shall notify the county board
of such refusal. The county board shall thereupon nominate additional nominees. Before
the commissioner of human services shall fill any vacancy hereunder resulting from the
failure or refusal of the board of county commissioners of any county to act, as required
herein, the commissioner of human services shall mail 15 days' written notice to the board
of county commissioners of its intention to fill such vacancy or vacancies unless the board
of county commissioners shall act before the expiration of the 15-day period.

    Sec. 8. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1
two or more counties may by resolution of their respective boards of county commissioners,
agree to combine the functions of their separate local social services agency into one local
social services agency to serve the two or more counties that enter into the agreement.
Such agreement may be for a definite term or until terminated in accordance with its terms.
When two or more counties have agreed to combine the functions of their separate local
social services agency, a single local social services agency in lieu of existing individual
local social services agency shall be established to direct the activities of the combined
agency. This agency shall have the same powers, duties and functions as an individual local
social services agency. The single local social services agency shall have representation
from each of the participating counties with selection of the members to be as follows:
(a) Each board of county commissioners entering into the agreement shall on an
annual basis select one or two of its members to serve on the single local social services
agency.
(b) Each board of county commissioners entering into the agreement shall in
accordance with procedures established by the commissioner of human services, submit a
list of names of three county residents, who shall not be county commissioners, to the
commissioner of human services. The commissioner shall select one person from each
county list county resident who is not a county commissioner to serve as a local social
services agency member.
(c) The composition of the agency may be determined by the boards of county
commissioners entering into the agreement providing that no less than one-third of the
members are appointed as provided in clause paragraph (b).

    Sec. 9. INSTRUCTIONS TO THE COMMISSIONER.
The commissioner of human services must consult with community stakeholders
regarding the impact of the decision of the United States Court of Appeals in Geston v.
Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program.
The commissioner must provide a written report to the chairs and ranking minority
members of the house of representatives and senate standing committees with jurisdiction
over medical assistance policy and finance no later than January 5, 2015. The report must
include proposed legislation to ensure Minnesota's medical assistance program complies
with the requirements of the Geston decision.

    Sec. 10. RULEMAKING; REDUNDANT PROVISION REGARDING
TRANSITION LENSES.
The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
payment under the medical assistance program. The commissioner may use the good
cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
rules under this section. Minnesota Statutes, section 14.386, does not apply except as
provided in Minnesota Statutes, section 14.388.

    Sec. 11. FEDERAL APPROVAL.
By October 1, 2015, the commissioner of human services shall seek federal authority
to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
To be eligible, an individual must have family income at or below 200 percent of the
federal poverty guidelines, except that for an individual under age 21, only the income of
the individual must be considered in determining eligibility. Services under this program
must be available on a presumptive eligibility basis.

    Sec. 12. REVISOR'S INSTRUCTION.
The revisor of statutes shall remove cross-references to the sections and parts
repealed in section 12, paragraphs (a) and (b), wherever they appear in Minnesota Rules
and shall make changes necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.

    Sec. 13. REPEALER.
(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3;
9500.1456; and 9525.1580, are repealed.
(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
9505.5325, are repealed contingent upon federal approval of the state Medicaid plan
amendment under section 10. The commissioner of human services shall notify the
revisor of statutes when this occurs.

ARTICLE 11

CHILDREN AND FAMILY SERVICES POLICY

    Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
    Subd. 2. General. (a) Data on individuals collected, maintained, used, or
disseminated by the welfare system are private data on individuals, and shall not be
disclosed except:
    (1) according to section 13.05;
    (2) according to court order;
    (3) according to a statute specifically authorizing access to the private data;
    (4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to
the administration of a program;
    (5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; assess
parental contribution amounts; and investigate suspected fraud;
    (6) to administer federal funds or programs;
    (7) between personnel of the welfare system working in the same program;
    (8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;
    (9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:
    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
    (ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;
    (iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
    (iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;
    (10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;
    (11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;
    (12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
    (13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);
    (14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;
    (15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:
    (i) the participant:
    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
    (B) is violating a condition of probation or parole imposed under state or federal law;
    (ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
    (iii) the request is made in writing and in the proper exercise of those duties;
    (16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;
    (17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1 (c);
    (18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:
    (i) the member:
    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
    (B) is violating a condition of probation or parole imposed under state or federal
law; or
    (C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
    (ii) locating or apprehending the member is within the officer's official duties; and
    (iii) the request is made in writing and in the proper exercise of the officer's official
duty;
    (19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;
    (20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;
    (21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;
    (22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7 ;
    (23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;
    (24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section 145A.02, subdivision 2, when the commissioner or local board of health
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;
    (25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;
    (26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;
    (27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;
    (28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;
    (29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; or
    (30) child support data on the parents and the child, the parents, and relatives of the
child may be disclosed to agencies administering programs under titles IV-B and IV-E of
the Social Security Act, as provided authorized by federal law. Data may be disclosed
only to the extent necessary for the purpose of establishing parentage or for determining
who has or may have parental rights with respect to a child, which could be related
to permanency planning.
    (b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.
    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).
    For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

    Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
    Subd. 2. Contractual agreements with tribes. The commissioner may enter into
contractual agreements with a federally recognized Indian tribe with a reservation in
Minnesota to carry out the responsibilities of county human service agencies to the
extent necessary for the tribe to operate child care assistance programs under sections
119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursed the state
to make payments for child care assistance services provided under section 119B.05.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid
the duplication of county and tribal child care services. Funding to support services
under section 119B.03 may be transferred to the federally recognized Indian tribe with a
reservation in Minnesota from allocations available to counties in which reservation
boundaries lie. When funding is transferred under section 119B.03, the amount shall be
commensurate to estimates of the proportion of reservation residents with characteristics
identified in section 119B.03, subdivision 6, to the total population of county residents
with those same characteristics.

    Sec. 3. Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read:
    Subd. 6. Maximum child care assistance. The maximum amount of child care
assistance a local agency may authorize pay for in a two-week period is 120 hours per child.

    Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
    Subd. 13. Child care in the child's home. (a) Child care assistance must only be
authorized in the child's home if:
    (1) the child's parents have authorized activities outside of the home and if; or
    (2) one parent in a two-parent family is in an authorized activity outside of the home
and one parent is unable to care for the child and meets the requirements in Minnesota
Rules, part 3400.0040, subpart 5.
    (b) In order for child care assistance to be authorized under paragraph (a), clause (1)
or (2), one or more of the following circumstances are must be met:
    (1) the parents' qualifying authorized activity occurs during times when out-of-home
care is not available or when out-of-home care would result in disruption of the child's
nighttime sleep schedule. If child care is needed during any period when out-of-home care
is not available, in-home care can be approved for the entire time care is needed;
    (2) the family lives in an area where out-of-home care is not available; or
    (3) a child has a verified illness or disability that would place the child or other
children in an out-of-home facility at risk or creates a hardship for the child and the family
to take the child out of the home to a child care home or center.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision
to read:
    Subd. 9. Personal statement. If a county agency determines that an applicant is
ineligible due to not meeting eligibility requirements of chapter 256D, a county agency
may accept a signed personal statement from the applicant in lieu of documentation
verifying ineligibility.

    Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
    Subdivision 1. Verification. (a) The county agency shall request, and applicants
and recipients shall provide and verify, all information necessary to determine initial and
continuing eligibility and assistance payment amounts. If necessary, the county agency
shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient
refuses or fails without good cause to provide the information or verification, the county
agency shall deny or terminate assistance.
    (b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements of chapter 256D, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.

    Sec. 7. Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision
to read:
    Subd. 5. Merger. In the case of a merger between community action agencies, the
newly created agency receives a base funding amount equal to the sum of the merged
agencies' base funding amounts at the point of the merger as described in subdivision 2,
paragraph (b), unless the commissioner determines the funding amount should be less
than the sum of the merged agencies' base funding amount due to savings resulting from
fewer redundancies and duplicative services.

    Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
    Subd. 1a. County approval. (a) A county agency may not approve a group
residential housing payment for an individual in any setting with a rate in excess of the
MSA equivalent rate for more than 30 days in a calendar year unless the county agency
has developed or approved a plan for the individual which specifies that:
    (1) the individual has an illness or incapacity which prevents the person from living
independently in the community; and
    (2) the individual's illness or incapacity requires the services which are available in
the group residence.
    The plan must be signed or countersigned by any of the following employees of the
county of financial responsibility: the director of human services or a designee of the
director; a social worker; or a case aide.
    (b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements under this section, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.

    Sec. 9. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
    Subd. 3. Submitting application form. (a) A county agency must offer, in person
or by mail, the application forms prescribed by the commissioner as soon as a person
makes a written or oral inquiry. At that time, the county agency must:
    (1) inform the person that assistance begins with the date the signed application is
received by the county agency or the date all eligibility criteria are met, whichever is later;
    (2) inform the person that any delay in submitting the application will reduce the
amount of assistance paid for the month of application;
    (3) inform a person that the person may submit the application before an interview;
    (4) explain the information that will be verified during the application process by the
county agency as provided in section 256J.32;
    (5) inform a person about the county agency's average application processing time
and explain how the application will be processed under subdivision 5;
    (6) explain how to contact the county agency if a person's application information
changes and how to withdraw the application;
    (7) inform a person that the next step in the application process is an interview
and what a person must do if the application is approved including, but not limited to,
attending orientation under section 256J.45 and complying with employment and training
services requirements in sections 256J.515 to 256J.57;
    (8) inform the person that the interview must be conducted face-to-face in the county
office, through Internet telepresence, or at a location mutually agreed upon;
    (9) inform a person who has received MFIP or DWP in the past 12 months of the
option to have a face-to-face, Internet telepresence, or telephone interview;
    (8) (10) explain the child care and transportation services that are available under
paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
    (9) (11) identify any language barriers and arrange for translation assistance during
appointments, including, but not limited to, screening under subdivision 3a, orientation
under section 256J.45, and assessment under section 256J.521.
    (b) Upon receipt of a signed application, the county agency must stamp the date of
receipt on the face of the application. The county agency must process the application
within the time period required under subdivision 5. An applicant may withdraw the
application at any time by giving written or oral notice to the county agency. The county
agency must issue a written notice confirming the withdrawal. The notice must inform
the applicant of the county agency's understanding that the applicant has withdrawn the
application and no longer wants to pursue it. When, within ten days of the date of the
agency's notice, an applicant informs a county agency, in writing, that the applicant does
not wish to withdraw the application, the county agency must reinstate the application and
finish processing the application.
    (c) Upon a participant's request, the county agency must arrange for transportation
and child care or reimburse the participant for transportation and child care expenses
necessary to enable participants to attend the screening under subdivision 3a and
orientation under section 256J.45.

    Sec. 10. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of
all nonexcluded real and personal property of the assistance unit must not exceed $2,000
for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
(19) must be excluded when determining the equity value of real and personal property:
    (1) a licensed vehicle up to a loan trade-in value of less than or equal to $10,000.
If the assistance unit owns more than one licensed vehicle, the county agency shall
determine the loan trade-in value of all additional vehicles and exclude the combined
loan trade-in value of less than or equal to $7,500. The county agency shall apply any
excess loan trade-in value as if it were equity value to the asset limit described in this
section, excluding: (i) the value of one vehicle per physically disabled person when the
vehicle is needed to transport the disabled unit member; this exclusion does not apply to
mentally disabled people; (ii) the value of special equipment for a disabled member of
the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily
commuting, for the employment of a unit member.
    To establish the loan trade-in value of vehicles, a county agency must use the
N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars online car
values and car prices guide. When a vehicle is not listed in the guidebook, or when the
applicant or participant disputes the loan trade-in value listed in the guidebook online
guide as unreasonable given the condition of the particular vehicle, the county agency may
require the applicant or participant document the loan trade-in value by securing a written
statement from a motor vehicle dealer licensed under section 168.27, stating the amount
that the dealer would pay to purchase the vehicle. The county agency shall reimburse the
applicant or participant for the cost of a written statement that documents a lower loan value;
    (2) the value of life insurance policies for members of the assistance unit;
    (3) one burial plot per member of an assistance unit;
    (4) the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking and
savings accounts used at least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
is to produce income and if the vehicles are essential for the self-employment business;
    (5) the value of personal property not otherwise specified which is commonly
used by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily living;
    (6) the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;
    (7) the value of corrective payments, but only for the month in which the payment
is received and for the following month;
    (8) a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;
    (9) money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;
    (10) money held in escrow to cover employee FICA, employee tax withholding,
sales tax withholding, employee worker compensation, business insurance, property rental,
property taxes, and other costs that are paid at least annually, but less often than monthly;
    (11) monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;
    (12) the value of school loans, grants, or scholarships for the period they are
intended to cover;
    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in
escrow for a period not to exceed three months to replace or repair personal or real property;
    (14) income received in a budget month through the end of the payment month;
    (15) savings from earned income of a minor child or a minor parent that are set aside
in a separate account designated specifically for future education or employment costs;
    (16) the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter 290A,
property tax rebates and other federal or state tax rebates in the month received and the
following month;
    (17) payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;
    (18) the assets of children ineligible to receive MFIP benefits because foster care or
adoption assistance payments are made on their behalf; and
    (19) the assets of persons whose income is excluded under section 256J.21,
subdivision 2 , clause (43).

    Sec. 11. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is
amended to read:
    Subd. 2. Income exclusions. The following must be excluded in determining a
family's available income:
    (1) payments for basic care, difficulty of care, and clothing allowances received for
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care
for children under section 260C.4411 or chapter 256N, and payments received and used
for care and maintenance of a third-party beneficiary who is not a household member;
    (2) reimbursements for employment training received through the Workforce
Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related to
employment;
    (4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary educational expenses, shall
count scholarships or grants awarded to graduate students that do not require teaching
or research as unearned income;
    (5) loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;
    (6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;
    (7)(i) state income tax refunds; and
    (ii) federal income tax refunds;
    (8)(i) federal earned income credits;
    (ii) Minnesota working family credits;
    (iii) state homeowners and renters credits under chapter 290A; and
    (iv) federal or state tax rebates;
    (9) funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court, solicited
through public appeal, or made as a grant by a federal agency, state or local government,
or disaster assistance organizations, subsequent to a presidential declaration of disaster;
    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
burial expenses, or to repair or replace insured property;
    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
    (12) payments by a vocational rehabilitation program administered by the state
under chapter 268A, except those payments that are for current living expenses;
    (13) in-kind income, including any payments directly made by a third party to a
provider of goods and services;
    (14) assistance payments to correct underpayments, but only for the month in which
the payment is received;
    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
    (16) funeral and cemetery payments as provided by section 256.935;
    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
a calendar month;
    (18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;
    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
    (20) Minnesota supplemental aid, including retroactive payments;
    (21) proceeds from the sale of real or personal property;
    (22) state adoption or kinship assistance payments under chapter chapters 256N or
259A, and up to an equal amount of county adoption assistance payments Minnesota
permanency demonstration title IV-E waiver payments under section 256.01, subdivision
14a;
    (23) state-funded family subsidy program payments made under section 252.32 to
help families care for children with developmental disabilities, consumer support grant
funds under section 256.476, and resources and services for a disabled household member
under one of the home and community-based waiver services programs under chapter 256B;
    (24) interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;
    (25) rent rebates;
    (26) income earned by a minor caregiver, minor child through age 6, or a minor
child who is at least a half-time student in an approved elementary or secondary education
program;
    (27) income earned by a caregiver under age 20 who is at least a half-time student in
an approved elementary or secondary education program;
    (28) MFIP child care payments under section 119B.05;
    (29) all other payments made through MFIP to support a caregiver's pursuit of
greater economic stability;
    (30) income a participant receives related to shared living expenses;
    (31) reverse mortgages;
    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
42, chapter 13A, sections 1771 to 1790;
    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;
    (34) benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;
    (35) relocation assistance for displaced persons under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
Code, title 12, chapter 13, sections 1701 to 1750jj;
    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12, part 2, sections 2271 to 2322;
    (37) war reparations payments to Japanese Americans and Aleuts under United
States Code, title 50, sections 1989 to 1989d;
    (38) payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239, section
10405, paragraph (a)(2)(E);
    (39) income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;
    (40) security and utility deposit refunds;
    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
    (42) all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living with parents or
stepparents on MFIP with other children;
    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
federal poverty guideline for a family size not including the minor parent and the minor
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income is
deemed as specified in section 256J.37, subdivision 1b;
    (44) payments made to children eligible for relative custody assistance under section
257.85 ;
    (45) vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash;
    (46) the principal portion of a contract for deed payment;
    (47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC; and
    (48) housing assistance grants under section 256J.35, paragraph (a).
EFFECTIVE DATE.This section is effective January 1, 2015.

    Sec. 12. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is
amended to read:
    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The
following individuals who are part of the assistance unit determined under subdivision 2
are ineligible to receive MFIP:
    (1) individuals who are recipients of Supplemental Security Income or Minnesota
supplemental aid;
    (2) individuals disqualified from the food stamp or food support program or MFIP,
until the disqualification ends;
    (3) children on whose behalf federal, state or local foster care payments are made,
except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
    (4) children receiving ongoing guardianship assistance payments under chapter 256N;
    (4) (5) children receiving ongoing monthly adoption assistance payments under
chapter chapters 256N or 259A; and
    (5) (6) individuals disqualified from the work participation cash benefit program
until that disqualification ends.
    (b) The exclusion of a person under this subdivision does not alter the mandatory
assistance unit composition.
EFFECTIVE DATE.This section is effective January 1, 2015.

    Sec. 13. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
    Subd. 4. Participant's completion of recertification of eligibility form. A
participant must complete forms prescribed by the commissioner which are required
for recertification of eligibility according to section 256J.32, subdivision 6. A county
agency must end benefits when the participant fails to submit the recertification form and
verifications and complete the interview process before the end of the certification period.
If the participant submits the recertification form by the last day of the certification period,
benefits may be reinstated back to the date of closing when the recertification process is
completed during the first month after benefits ended.

    Sec. 14. Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read:
    Subd. 12. Requirement to provide Social Security numbers. Each member
of the assistance unit must provide the member's Social Security number to the county
agency, except for members in the assistance unit who are qualified noncitizens who are
victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7)
clauses (8) and (9). When a Social Security number is not provided to the county agency
for verification, this requirement is satisfied when each member of the assistance unit
cooperates with the procedures for verification of numbers, issuance of duplicate cards,
and issuance of new numbers which have been established jointly between the Social
Security Administration and the commissioner.

    Sec. 15. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
    Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
annual face-to-face interview with the participant. The county agency may waive the
face-to-face interview and conduct a phone interview for participants who qualify under
paragraph (b). The interview may be conducted by phone, Internet telepresence, or
face-to-face in the county office or in another location mutually agreed upon. During the
interview, the county agency shall verify the following:
    (1) presence of the minor child in the home, if questionable;
    (2) income, unless excluded, including self-employment expenses used as a
deduction or deposits or withdrawals from business accounts;
    (3) assets when the value is within $200 of the asset limit;
    (4) information to establish an exception under section 256J.24, subdivision 9, if
questionable;
    (5) inconsistent information, if related to eligibility; and
    (6) whether a single caregiver household meets requirements in section 256J.575,
subdivision 3.
    (b) A participant who is employed any number of hours must be given the option
of conducting a face-to-face or a phone interview or Internet telepresence to recertify
eligibility. The participant must be employed at the time the interview is scheduled. If
the participant loses the participant's job between the time the interview is scheduled and
when it is to be conducted, the phone interview may still be conducted.

    Sec. 16. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
    Subd. 8. Personal statement. (a) The county agency may accept a signed personal
statement from the applicant or participant explaining the reasons that the documentation
requested in subdivision 2 is unavailable as sufficient documentation at the time of
application, recertification, or change related to eligibility only for the following factors:
    (1) a claim of family violence if used as a basis to qualify for the family violence
waiver;
    (2) information needed to establish an exception under section 256J.24, subdivision 9;
    (3) relationship of a minor child to caregivers in the assistance unit;
    (4) citizenship status from a noncitizen who reports to be, or is identified as, a victim
of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's
immigration documents are being held by an individual or group of individuals against the
noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement
(ORR) to pursue certification. If verification that certification is being pursued is not
received within 30 days, the MFIP case must be closed and the agency shall pursue
overpayments. The ORR documents certifying the noncitizen's status as a victim of
severe forms of trafficking in persons, or the reason for the delay in processing, must be
received within 90 days, or the MFIP case must be closed and the agency shall pursue
overpayments; and
    (5) other documentation unavailable for reasons beyond the control of the applicant
or participant. Reasonable attempts must have been made to obtain the documents
requested under subdivision 2.
    (b) After meeting all requirements under section 256J.09, if a county agency
determines that an applicant is ineligible due to exceeding limits under sections 256J.20
and 256J.21, a county agency may accept a signed personal statement from the applicant
in lieu of documentation verifying ineligibility.

    Sec. 17. Minnesota Statutes 2012, section 256J.38, subdivision 6, is amended to read:
    Subd. 6. Scope of underpayments. A county agency must issue a corrective
payment for underpayments made to a participant or to a person who would be a
participant if an agency or client error causing the underpayment had not occurred.
Corrective payments are limited to 12 months prior to the month of discovery. The county
agency must issue the corrective payment according to subdivision 8.

    Sec. 18. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
    Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:
    (1) unsubsidized employment, including work study and paid apprenticeships or
internships;
    (2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
work experience, and supported work when a wage subsidy is provided;
    (3) unpaid Uncompensated work experience, including community service,
volunteer work, the community work experience program as specified in section 256J.67,
unpaid apprenticeships or internships, and supported work when a wage subsidy is not
provided. Unpaid Uncompensated work experience is only an option if the participant
has been unable to obtain or maintain paid employment in the competitive labor market,
and no paid work experience programs are available to the participant. Prior to placing a
participant in unpaid uncompensated work, the county must inform the participant that
the participant will be notified if a paid work experience or supported work position
becomes available. Unless a participant consents in writing to participate in unpaid
uncompensated work experience, the participant's employment plan may only include
unpaid uncompensated work experience if including the unpaid work experience in the
plan will meet the following criteria are met:
    (i) the unpaid uncompensated work experience will provide the participant specific
skills or experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and
    (ii) the skills or experience gained through the unpaid uncompensated work
experience will result in higher wages for the participant than the participant could earn
without the unpaid uncompensated work experience;
    (4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
    (5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2 , general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1 ;
    (6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;
    (7) providing child care services to a participant who is working in a community
service program;
    (8) activities included in the employment plan that is developed under section
256J.521, subdivision 3 ; and
    (9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.
    (b) "Work activity" does not include activities done for political purposes as defined
in section 211B.01, subdivision 6.

    Sec. 19. Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read:
    Subdivision 1. Assessments. (a) For purposes of MFIP employment services,
assessment is a continuing process of gathering information related to employability
for the purpose of identifying both participant's strengths and strategies for coping with
issues that interfere with employment. The job counselor must use information from the
assessment process to develop and update the employment plan under subdivision 2 or
3, as appropriate, to determine whether the participant qualifies for a family violence
waiver including an employment plan under subdivision 3, and to determine whether the
participant should be referred to family stabilization services under section 256J.575.
    (b) The scope of assessment must cover at least the following areas:
    (1) basic information about the participant's ability to obtain and retain employment,
including: a review of the participant's education level; interests, skills, and abilities; prior
employment or work experience; transferable work skills; child care and transportation
needs;
    (2) identification of personal and family circumstances that impact the participant's
ability to obtain and retain employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any involvement with social
services or the legal system;
    (3) the results of a mental and chemical health screening tool designed by the
commissioner and results of the brief screening tool for special learning needs. Screening
tools for mental and chemical health and special learning needs must be approved by the
commissioner and may only be administered by job counselors or county staff trained in
using such screening tools. The commissioner shall work with county agencies to develop
protocols for referrals and follow-up actions after screens are administered to participants,
including guidance on how employment plans may be modified based upon outcomes
of certain screens. Participants must be told of the purpose of the screens and how the
information will be used to assist the participant in identifying and overcoming barriers to
employment. Screening for mental and chemical health and special learning needs must
be completed by participants who are unable to find suitable employment after six weeks
of job search under subdivision 2, paragraph (b), and participants who are determined
to have barriers to employment under subdivision 2, paragraph (d) three months after
development of the initial employment plan or earlier if there is a documented need.
Failure to complete the screens will result in sanction under section 256J.46; and
    (4) a comprehensive review of participation and progress for participants who have
received MFIP assistance and have not worked in unsubsidized employment during the
past 12 months. The purpose of the review is to determine the need for additional services
and supports, including placement in subsidized employment or unpaid work experience
under section 256J.49, subdivision 13, or referral to family stabilization services under
section 256J.575.
    (c) Information gathered during a caregiver's participation in the diversionary work
program under section 256J.95 must be incorporated into the assessment process.
    (d) The job counselor may require the participant to complete a professional chemical
use assessment to be performed according to the rules adopted under section 254A.03,
subdivision 3 , including provisions in the administrative rules which recognize the cultural
background of the participant, or a professional psychological assessment as a component
of the assessment process, when the job counselor has a reasonable belief, based on
objective evidence, that a participant's ability to obtain and retain suitable employment
is impaired by a medical condition. The job counselor may assist the participant with
arranging services, including child care assistance and transportation, necessary to meet
needs identified by the assessment. Data gathered as part of a professional assessment
must be classified and disclosed according to the provisions in section 13.46.

    Sec. 20. Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read:
    Subd. 2. Employment plan; contents. (a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an employment plan
that includes participation in activities and hours that meet the requirements of section
256J.55, subdivision 1 . The purpose of the employment plan is to identify for each
participant the most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
preference for activities, priority must be given for activities related to a family violence
waiver when developing the employment plan. The employment plan must also list the
specific steps the participant will take to obtain employment, including steps necessary
for the participant to progress from one level of activity to another, and a timetable for
completion of each step. Levels of activity include:
    (1) unsubsidized employment;
    (2) job search;
    (3) subsidized employment or unpaid work experience;
    (4) unsubsidized employment and job readiness education or job skills training;
    (5) unsubsidized employment or unpaid work experience and activities related to
a family violence waiver or preemployment needs; and
    (6) activities related to a family violence waiver or preemployment needs.
    (b) Participants who are determined to possess sufficient skills such that the
participant is likely to succeed in obtaining unsubsidized employment must job search at
least 30 hours per week for up to six weeks three months and accept any offer of suitable
employment. The remaining hours necessary to meet the requirements of section 256J.55,
subdivision 1 , may be met through participation in other work activities under section
256J.49, subdivision 13 . The participant's employment plan must specify, at a minimum:
(1) whether the job search is supervised or unsupervised on site or self-directed; (2)
support services that will be provided; and (3) how frequently the participant must report
to the job counselor. Participants who are unable to find suitable employment after six
weeks three months must meet with the job counselor to determine whether other activities
in paragraph (a) should be incorporated into the employment plan. Job search activities
which are continued after six weeks three months must be structured and supervised.
    (c) Participants who are determined to have barriers to obtaining or maintaining
suitable employment that will not be overcome during six weeks three months of job
search under paragraph (b) must work with the job counselor to develop an employment
plan that addresses those barriers by incorporating appropriate activities from paragraph
(a), clauses (1) to (6). The employment plan must include enough hours to meet the
participation requirements in section 256J.55, subdivision 1, unless a compelling reason to
require fewer hours is noted in the participant's file.
    (d) The job counselor and the participant must sign the employment plan to indicate
agreement on the contents.
    (e) Except as provided under paragraph (f), failure to develop or comply with
activities in the plan, or voluntarily quitting suitable employment without good cause, will
result in the imposition of a sanction under section 256J.46.
    (f) When a participant fails to meet the agreed-upon hours of participation in paid
employment because the participant is not eligible for holiday pay and the participant's
place of employment is closed for a holiday, the job counselor shall not impose a sanction
or increase the hours of participation in any other activity, including paid employment, to
offset the hours that were missed due to the holiday.
    (g) Employment plans must be reviewed at least every three months to determine
whether activities and hourly requirements should be revised. The job counselor is
encouraged to allow participants who are participating in at least 20 hours of work
activities to also participate in education and training activities in order to meet the federal
hourly participation rates.

    Sec. 21. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
    Subd. 2. Approval of postsecondary education or training. (a) In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the plan must include additional work activities if the education and training
activities do not meet the minimum hours required to meet the federal work participation
rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
    (b) Participants seeking approval of a postsecondary education or training plan must
provide documentation work with the job counselor to document that:
    (1) the employment goal can only be met with the additional education or training;
    (2) there are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;
    (3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;
    (4) the participant can meet the requirements for admission into the program; and
    (5) there is a reasonable expectation that the participant will complete the training
program based on such factors as the participant's MFIP assessment, previous education,
training, and work history; current motivation; and changes in previous circumstances.

    Sec. 22. Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
    Subd. 5. Requirements after postsecondary education or training. Upon
completion of an approved education or training program, a participant who does not meet
the participation requirements in section 256J.55, subdivision 1, through unsubsidized
employment must participate in job search. If, after six weeks three months of job search,
the participant does not find a full-time job consistent with the employment goal, the
participant must accept any offer of full-time suitable employment, or meet with the job
counselor to revise the employment plan to include additional work activities necessary to
meet hourly requirements.

    Sec. 23. Minnesota Statutes 2013 Supplement, section 256J.621, subdivision 1,
is amended to read:
    Subdivision 1. Program characteristics. (a) Effective October 1, 2009, upon
exiting the diversionary work program (DWP) or upon terminating Within 30 days of
exiting the Minnesota family investment program with earnings, a participant who is
employed may be eligible the county must assess eligibility for work participation cash
benefits of $25 per month to assist in meeting the family's basic needs as the participant
continues to move toward self-sufficiency. Payment begins effective the first of the month
following exit or termination for MFIP and DWP participants.
    (b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:
    (1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;
    (2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or
    (3) if the household is a two-parent family, at least one of the parents must be
employed 130 hours per month.
    Whenever a participant exits the diversionary work program or is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.
    (c) Expenditures on the program are maintenance of effort state funds under
a separate state program for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.

    Sec. 24. Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read:
    Subd. 5. Innovation projects. Beginning January 1, 2005, no more than $3,000,000
of the funds annually appropriated to the commissioner for use in the consolidated fund
shall be available to the commissioner for projects testing to reward high-performing
counties and tribes, support promising practices, and test innovative approaches to
improving outcomes for MFIP participants, family stabilization services participants, and
persons at risk of receiving MFIP as detailed in subdivision 3. Projects shall Project
funds may be targeted to geographic areas with poor outcomes as specified in section
256J.751, subdivision 5 , or to subgroups within the MFIP case load who are experiencing
poor outcomes.

    Sec. 25. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 6,
is amended to read:
    Subd. 6. Base allocation to counties and tribes; definitions. (a) For purposes of
this section, the following terms have the meanings given.
    (1) "2002 historic spending base" means the commissioner's determination of
the sum of the reimbursement related to fiscal year 2002 of county or tribal agency
expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings
related to calendar year 2002 in the base program listed in clause (6), item (v), and the
amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi),
issued to or on behalf of persons residing in the county or tribal service delivery area.
    (2) "Adjusted caseload factor" means a factor weighted:
    (i) 47 percent on the MFIP cases in each county at four points in time in the most
recent 12-month period for which data is available multiplied by the county's caseload
difficulty factor; and
    (ii) 53 percent on the count of adults on MFIP in each county and tribe at four points
in time in the most recent 12-month period for which data is available multiplied by the
county or tribe's caseload difficulty factor.
    (3) "Caseload difficulty factor" means a factor determined by the commissioner for
each county and tribe based upon the self-support index described in section 256J.751,
subdivision 2 , clause (6).
    (4) "Initial allocation" means the amount potentially available to each county or tribe
based on the formula in paragraphs (b) through (d).
    (5) "Final allocation" means the amount available to each county or tribe based on
the formula in paragraphs (b) through (d), after adjustment by subdivision 7.
    (6) "Base programs" means the:
    (i) MFIP employment and training services under Minnesota Statutes 2002, section
256J.62, subdivision 1 , in effect June 30, 2002;
    (ii) bilingual employment and training services to refugees under Minnesota Statutes
2002, section 256J.62, subdivision 6, in effect June 30, 2002;
    (iii) work literacy language programs under Minnesota Statutes 2002, section
256J.62, subdivision 7 , in effect June 30, 2002;
    (iv) supported work program authorized in Laws 2001, First Special Session chapter
9, article 17, section 2, in effect June 30, 2002;
    (v) administrative aid program under section 256J.76 in effect December 31, 2002;
and
    (vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48,
in effect June 30, 2002.
    (b) The commissioner shall determine for calendar year 2008 and subsequent years
the initial allocation of funds to be made available under this section based 50 percent on
the proportion of the county or tribe's share of the statewide 2002 historic spending base and
50 percent on the proportion of the county or tribe's share of the adjusted caseload factor.
    (c) With the commencement of a new or expanded tribal TANF program, or for
tribes administering TANF as authorized under Laws 2011, First Special Session chapter
9, article 9, section 18, or an agreement under section 256.01, subdivision 2, paragraph
(g), in which some or all of the responsibilities of particular counties under this section are
transferred to a tribe, the commissioner shall:
    (1) in the case where all responsibilities under this section are transferred to a
tribe or tribal program, determine the percentage of the county's current caseload that is
transferring to a tribal program and adjust the affected county's allocation and tribe's
allocations accordingly; and
    (2) in the case where a portion of the responsibilities under this section are
transferred to a tribe or tribal program, the commissioner shall consult with the affected
county or counties to determine an appropriate adjustment to the allocation.
    (d) Effective January 1, 2005, counties and tribes will have their final allocations
adjusted based on the performance provisions of subdivision 7.

    Sec. 26. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 7,
is amended to read:
    Subd. 7. Performance base funds. (a) For the purpose of this section, the following
terms have the meanings given.
    (1) "Caseload Reduction Credit" (CRC) means the measure of how much Minnesota
TANF and separate state program caseload has fallen relative to federal fiscal year 2005
based on caseload data from October 1 to September 30.
    (2) "TANF participation rate target" means a 50 percent participation rate reduced by
the CRC for the previous year.
    (b) (a) Each county and tribe will must be allocated 95 percent of their initial
calendar year allocation. Counties and tribes will must be allocated additional funds
based on performance as follows:
    (1) a county or tribe that achieves the TANF participation rate target or a five
percentage point improvement over the previous year's TANF participation rate under
section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive months for
the most recent year for which the measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation;
    (2) (1) a county or tribe that performs within or above its range of expected
performance on the annualized three-year self-support index under section 256J.751,
subdivision 2 , clause (6), will must receive an additional allocation equal to 2.5 five
percent of its initial allocation; and
    (3) a county or tribe that does not achieve the TANF participation rate target or
a five percentage point improvement over the previous year's TANF participation rate
under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive
months for the most recent year for which the measurements are available, will not
receive an additional 2.5 percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or
    (4) (2) a county or tribe that does not perform within or above its range of expected
performance on the annualized three-year self-support index under section 256J.751,
subdivision 2 , clause (6), will must not receive an additional allocation equal to 2.5 five
percent of its initial allocation until after negotiating a multiyear improvement plan with
the commissioner.
    (c) (b) For calendar year 2009 2014 and yearly thereafter, performance-based funds
for a federally approved tribal TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding, will must be allocated
as follows:
    (1) a tribe that achieves the participation rate approved in its federal TANF plan
using the average of 12 consecutive months for the most recent year for which the
measurements are available, will receive an additional allocation equal to 2.5 percent of
its initial allocation; and
    (2) (1) a tribe that performs within or above its range of expected performance on the
annualized three-year self-support index under section 256J.751, subdivision 2, clause (6),
will must receive an additional allocation equal to 2.5 five percent of its initial allocation; or
    (3) a tribe that does not achieve the participation rate approved in its federal TANF
plan using the average of 12 consecutive months for the most recent year for which the
measurements are available, will not receive an additional allocation equal to 2.5 percent
of its initial allocation until after negotiating a multiyear improvement plan with the
commissioner; or
    (4) (2) a tribe that does not perform within or above its range of expected
performance on the annualized three-year self-support index under section 256J.751,
subdivision 2 , clause (6), will must not receive an additional allocation equal to 2.5 five
percent until after negotiating a multiyear improvement plan with the commissioner.
    (d) (c) Funds remaining unallocated after the performance-based allocations in
paragraph paragraphs (a) and (b) are available to the commissioner for innovation projects
under subdivision 5.
     (1) If available funds are insufficient to meet county and tribal allocations under
paragraph paragraphs (a) and (b), the commissioner may make available for allocation
funds that are unobligated and available from the innovation projects through the end
of the current biennium.
    (2) If after the application of clause (1) funds remain insufficient to meet county and
tribal allocations under paragraph (b), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their maximum allocation available
under paragraph (a) or (b).

    Sec. 27. Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read:
    Subd. 8. Reporting requirement and reimbursement. (a) The commissioner shall
specify requirements for reporting according to section 256.01, subdivision 2, clause (17).
Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its
allocation and subject to availability of funds.
    (b) Reimbursements for county administrative-related expenditures determined
through the income maintenance random moment time study shall be reimbursed at a
rate of 50 percent of eligible expenditures.
    (c) The commissioner of human services shall review county and tribal agency
expenditures of the MFIP consolidated fund as appropriate and may reallocate
unencumbered or unexpended money appropriated under this section to those county and
tribal agencies that can demonstrate a need for additional money as follows:.
    (1) to the extent that particular county or tribal allocations are reduced from the
previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4)
to (6), those tribes or counties would have first priority for reallocated funds; and
    (2) To the extent that unexpended funds are insufficient to cover demonstrated need,
funds will must be prorated to those counties and tribes in relation to demonstrated need.

    Sec. 28. Minnesota Statutes 2012, section 256J.67, is amended to read:
256J.67 COMMUNITY WORK EXPERIENCE.
    Subdivision 1. Establishing the community work experience program. To the
extent of available resources, each county agency may establish and operate a community
work experience component for MFIP caregivers who are participating in employment and
training services. This option for county agencies supersedes the requirement in section
402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance
for two months and who are not exempt from work requirements must participate in a
work experience program. The purpose of the community work experience component is
to enhance the caregiver's employability and self-sufficiency and to provide meaningful,
productive work activities. The county shall use this program for an individual after
exhausting all other employment opportunities. The county agency shall not require a
caregiver to participate in the community work experience program unless the caregiver
has been given an opportunity to participate in other work activities.
    Subd. 2. Commissioner's duties. The commissioner shall assist counties in the
design and implementation of these components.
    Subd. 3. Employment options. (a) Work sites developed under this section are
limited to projects that serve a useful public service such as: health, social service,
environmental protection, education, urban and rural development and redevelopment,
welfare, recreation, public facilities, public safety, community service, services to aged
or disabled citizens, and child care. To the extent possible, the prior training, skills, and
experience of a caregiver must be considered in making appropriate work experience
assignments.
    (b) Structured, supervised volunteer uncompensated work with an agency or
organization, which is monitored by the county service provider, may, with the approval
of the county agency, be used as a community work experience placement.
    (c) As a condition of placing a caregiver in a program under this section, the county
agency shall first provide the caregiver the opportunity:
    (1) for placement in suitable subsidized or unsubsidized employment through
participation in a job search; or
    (2) for placement in suitable employment through participation in on-the-job
training, if such employment is available.
    Subd. 4. Employment plan. (a) The caretaker's employment plan must include
the length of time needed in the community work experience program, the need to
continue job-seeking activities while participating in community work experience, and
the caregiver's employment goals.
    (b) After each six months of a caregiver's participation in a community work
experience job placement, and at the conclusion of each community work experience
assignment under this section, the county agency shall reassess and revise, as appropriate,
the caregiver's employment plan.
    (c) A caregiver may claim good cause under section 256J.57, subdivision 1, for
failure to cooperate with a community work experience job placement.
    (d) The county agency shall limit the maximum number of hours any participant may
work under this section to the amount of the MFIP standard of need divided by the federal
or applicable state minimum wage, whichever is higher. After a participant has been
assigned to a position for nine months, the participant may not continue in that assignment
unless the maximum number of hours a participant works is no greater than the amount of
the MFIP standard of need divided by the rate of pay for individuals employed in the same
or similar occupations by the same employer at the same site. This limit does not apply if
it would prevent a participant from counting toward the federal work participation rate.

    Sec. 29. Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read:
    Subdivision 1. Applicability. (a) This section must be used to determine payment
of any claims resulting from an alleged injury or death of a person participating in a
county or a tribal community uncompensated work experience program under section
256J.49, subdivision 13, paragraph (a), clause (3), that is approved by the commissioner
and is operated by:
    (1) the county agency;
    (2) the tribe;
    (3) a department of the state agency; or
    (4) a community-based organization under contract, prior to April 1, 1997, with
a tribe or county agency to provide a community an uncompensated work experience
program or a food stamp community work experience employment and training program,
provided the organization has not experienced any individual injury loss or claim greater
than $1,000 under section 256D.051.
    (b) This determination method is available to the community-based organization
under paragraph (a), clause (4), only for claims incurred by participants in the community
work experience program or the food stamp community work experience program.
    (c) (b) This determination method section applies to the community work experience
program under section 256J.67, the Supplemental Nutrition Assistance Program
uncompensated work experience programs authorized, and other uncompensated work
programs approved by the commissioner for persons applying for or receiving cash
assistance and food stamps, and to the Minnesota parent's fair share program, in a
county with an approved community investment program for obligors. Uncompensated
work experience programs are considered to be approved by the commissioner if they
are included in an approved tribal or county biennial service agreement under section
256J.626, subdivision 4.

    Sec. 30. Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read:
    Subd. 2. Investigation of the claim. Claims that are subject to this section
must be investigated by the county agency or the tribal program tribe responsible for
supervising the placing a participant in an uncompensated work experience program to
determine whether the claimed injury occurred, whether the claimed medical expenses
are reasonable, and whether the loss is covered by the claimant's insurance. If insurance
coverage is established, the county agency or tribal program tribe shall submit the claim to
the appropriate insurance entity for payment. The investigating county agency or tribal
program tribe shall submit all valid remaining claims, in the amount net of any insurance
payments, to the Department of Human Services.

    Sec. 31. Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read:
    Subd. 4. Claims less than $1,000. The commissioner shall approve a claim of
$1,000 or less for payment if appropriated funds are available, if the county agency
or tribal program tribe responsible for supervising the placing a participant in an
uncompensated work experience program has made the determinations required by this
section, and if the work program was operated in compliance with the safety provisions
of this section. The commissioner shall pay the portion of an approved claim of $1,000
or less that is not covered by the claimant's insurance within three months of the date
of submission. On or before February 1 of each year, the commissioner shall submit
to the appropriate committees of the senate and the house of representatives a list of
claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed
by legislative appropriation for any claims that exceed the original appropriation
provided to the commissioner to operate this program the injury protection program for
uncompensated work experience participants. Any unspent money from this appropriation
shall carry over to the second year of the biennium, and any unspent money remaining at
the end of the second year shall be returned to the state general fund.

    Sec. 32. Minnesota Statutes 2012, section 256J.68, subdivision 7, is amended to read:
    Subd. 7. Exclusive procedure. The procedure procedures established by this
section is apply to uncompensated work experience programs under subdivision 1 and are
exclusive of all other legal, equitable, and statutory remedies against the state, its political
subdivisions, or employees of the state or its political subdivisions under section 13.02,
subdivision 11. The claimant shall not be entitled to seek damages from any state, county,
tribal, or reservation insurance policy or self-insurance program. A provider who accepts
or agrees to accept an injury protection program payment for services provided to an
individual must not require any payment from the individual.

    Sec. 33. Minnesota Statutes 2012, section 256J.68, subdivision 8, is amended to read:
    Subd. 8. Invalid claims. A claim is not valid invalid for purposes of this section
if the county agency or tribe responsible for supervising the work placing a participant
cannot verify to the commissioner:
    (1) that appropriate safety training and information is provided to all persons being
supervised by the agency uncompensated work experience site under this section; and
    (2) that all programs involving work by those persons under subdivision 1 comply
with federal Occupational Safety and Health Administration and state Department of
Labor and Industry safety standards. A claim that is not valid because of An invalid claim
due to a failure to verify safety training or compliance with safety standards will not be
paid by the Department of Human Services or through the legislative claims process and
must be heard, decided, and paid, if appropriate, by the local government unit county
agency or tribal program tribe responsible for supervising the work of placing the claimant.

    Sec. 34. Minnesota Statutes 2012, section 256J.751, subdivision 2, is amended to read:
    Subd. 2. Quarterly comparison report. (a) The commissioner shall report
quarterly to all counties on each county's performance on the following measures:
    (1) percent of MFIP caseload working in paid employment;
    (2) percent of MFIP caseload receiving only the food portion of assistance;
    (3) number of MFIP cases that have left assistance;
    (4) median placement wage rate;
    (5) caseload by months of TANF assistance;
    (6) percent of MFIP and diversionary work program (DWP) cases off cash assistance
or working 30 or more hours per week at one-year, two-year, and three-year follow-up
points from a baseline quarter. This measure is called the self-support index. The
commissioner shall report quarterly an expected range of performance for each county,
county grouping, and tribe on the self-support index. The expected range shall be derived
by a statistical methodology developed by the commissioner in consultation with the
counties and tribes. The statistical methodology shall control differences across counties
in economic conditions and demographics of the MFIP and DWP case load; and
    (7) the TANF work participation rate, defined as the participation requirements
specified under Public Law 109-171, the Deficit Reduction Act of 2005.
    (b) The commissioner shall not apply the limits on vocational educational training and
education activities under Code of Federal Regulations, title 45, section 261.33(c), when
determining TANF work participation rates for individual counties under this subdivision.

    Sec. 35. Minnesota Statutes 2012, section 256K.26, subdivision 4, is amended to read:
    Subd. 4. County Eligibility. Counties and tribes are eligible for funding under
this section. Priority will be given to proposals submitted on behalf of multicounty and
tribal partnerships.

    Sec. 36. [260D.12] TRIAL HOME VISITS; VOLUNTARY FOSTER CARE FOR
TREATMENT.
    When a child is in foster care for treatment under this chapter, the child's parent
and the responsible social services agency may agree that the child is returned to the
care of the parent on a trial home visit. The purpose of the trial home visit is to provide
sufficient planning for supports and services to the child and family to meet the child's
needs following treatment so that the child can return to and remain in the parent's home.
During the period of the trial home visit, the agency has placement and care responsibility
for the child. The trial home visit shall not exceed six months and may be terminated by
either the parent or the agency within ten days' written notice.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 37. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 7, is
amended to read:
    Subd. 7. Report; information provided to parent. (a) An oral report shall be made
immediately by telephone or otherwise. An oral report made by a person required under
subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agency,
unless the appropriate agency has informed the reporter that the oral information does not
constitute a report under subdivision 10. The local welfare agency shall determine if the
report is accepted for an assessment or investigation as soon as possible but in no event
longer than 24 hours after the report is received.
    (b) Any report shall be of sufficient content to identify the child, any person believed
to be responsible for the abuse or neglect of the child if the person is known, the nature
and extent of the abuse or neglect and the name and address of the reporter. If requested,
the local welfare agency or the agency responsible for assessing or investigating the report
shall inform the reporter within ten days after the report is made, either orally or in writing,
whether the report was accepted for assessment or investigation. The local welfare agency
or agency responsible for assessing or investigating the report shall accept a report made
under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or
address as long as the report is otherwise sufficient under this paragraph. Written reports
received by a police department or the county sheriff shall be forwarded immediately to
the local welfare agency or the agency responsible for assessing or investigating the
report. The police department or the county sheriff may keep copies of reports received
by them. Copies of written reports received by a local welfare department or the agency
responsible for assessing or investigating the report shall be forwarded immediately to the
local police department or the county sheriff.
    (c) When requested, the agency responsible for assessing or investigating a report
shall inform the reporter within ten days after the report was made, either orally or in
writing, whether the report was accepted or not. If the responsible agency determines the
report does not constitute a report under this section, the agency shall advise the reporter
the report was screened out. A screened-out report must not be used for any purpose other
than making an offer of social services to the subjects of the screened-out report.
    (b) (d) Notwithstanding paragraph (a), the commissioner of education must inform
the parent, guardian, or legal custodian of the child who is the subject of a report of
alleged maltreatment in a school facility within ten days of receiving the report, either
orally or in writing, whether the commissioner is assessing or investigating the report
of alleged maltreatment.
    (c) (e) Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.
    (d) (f) A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.

    Sec. 38. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
    Subd. 11c. Welfare, court services agency, and school records maintained.
    Notwithstanding sections 138.163 and 138.17, records maintained or records derived
from reports of abuse by local welfare agencies, agencies responsible for assessing or
investigating the report, court services agencies, or schools under this section shall be
destroyed as provided in paragraphs (a) to (d) by the responsible authority.
    (a) For family assessment cases and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the assessment or
investigation records must be maintained for a period of four years after the date of the final
entry in the case record. Records under this paragraph may not be used for employment,
background checks, or purposes other than to assist in future risk and safety assessments.
    (b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for at least ten
years after the date of the final entry in the case record.
    (c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph (d), shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
    (d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

    Sec. 39. Minnesota Statutes 2012, section 626.5561, subdivision 1, is amended to read:
    Subdivision 1. Reports required. (a) Except as provided in paragraph (b), a person
mandated to report under section 626.556, subdivision 3, shall immediately report to the
local welfare agency if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the pregnancy,
including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.
    (b) A health care professional or a social service professional who is mandated to
report under section 626.556, subdivision 3, is exempt from reporting under paragraph
(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages
during pregnancy if the professional is providing the woman with prenatal care or other
healthcare services.
    (c) Any person may make a voluntary report if the person knows or has reason to
believe that a woman is pregnant and has used a controlled substance for a nonmedical
purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or
has consumed alcoholic beverages during the pregnancy in any way that is habitual or
excessive.
    (d) An oral report shall be made immediately by telephone or otherwise. An oral
report made by a person required to report shall be followed within 72 hours, exclusive
of weekends and holidays, by a report in writing to the local welfare agency. Any report
shall be of sufficient content to identify the pregnant woman, the nature and extent of the
use, if known, and the name and address of the reporter. The local welfare agency shall
accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter
to provide the reporter's name or address as long as the report is otherwise sufficient.
    (d) (e) For purposes of this section, "prenatal care" means the comprehensive
package of medical and psychological support provided throughout the pregnancy.