Bill Text: MN SF2087 | 2013-2014 | 88th Legislature | Engrossed

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Bill Title: Omnibus health and human services policy bill

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-07 - HF substituted on General Orders HF2402 [SF2087 Detail]

Download: Minnesota-2013-SF2087-Engrossed.html

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A bill for an act

relating to health and human services; modifying health care, human services
operations, and continuing care provisions; modifying bond requirements
for medical suppliers; requiring the commissioner to seek federal authority
to amend the state Medicaid plan; modifying the criteria for stroke centers;
making changes to home care provider licensing and compliance monitoring;
requiring dementia care training; modifying personal care assistance provisions;
modifying child care and foster care licensing provisions; amending mental
and chemical health provisions; clarifying common entry point related to
reports of maltreatment of vulnerable adults; making changes to the local public
health system; modifying the licensure requirements for chiropractors, athletic
trainers, occupational therapists, licensed professional clinical counselors,
podiatry; modifying the certification agencies for doula certification; providing
an exception for eyeglass prescription expiration date; requiring employers to
report diverted narcotics; regulating electronic cigarettes; exempting certain
funeral establishments; exempting dental facilities from diagnostic imaging
accreditation; requiring a patient notice with mammogram results; requiring
pharmacy benefit mangers to provide maximum allowable cost pricing to
pharmacies; prohibiting the use of tanning equipment for children under the
age of 18; specifying the protocol for pharmacist administration of vaccines;
requiring the commissioner of health to assess and report on the quality of care
for ST elevation myocardial infarction; requiring AED devices to be registered
with a registry; establishing a health care home advisory committee; authorizing
the use of complementary and alternative health care practices; authorizing
rulemaking;amending Minnesota Statutes 2012, sections 62J.497, subdivision 5;
144.413, subdivision 4; 144.4165; 144D.065; 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; 146A.01, subdivision 6; 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; 148.996, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92,
by adding a subdivision; 151.01, subdivision 27; 153.16, subdivisions 1, 2, 3,
by adding subdivisions; 214.33, by adding a subdivision; 245A.02, subdivision
19; 245A.03, subdivision 6a; 253B.092, subdivision 2; 254B.01, by adding a
subdivision; 254B.05, subdivision 5; 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; 256D.01, subdivision
1e; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivision 2a;
260C.212, subdivision 2; 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, by adding a subdivision; Minnesota Statutes
2013 Supplement, sections 103I.205, subdivision 4; 144.1225, subdivision 2;
144.493, subdivisions 1, 2; 144.494, subdivision 2; 144A.474, subdivisions 8,
12; 144A.475, subdivision 3, by adding subdivisions; 145A.06, subdivision
7; 146A.11, subdivision 1; 245A.1435; 245A.50, subdivision 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.093,
subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.85, subdivision
12; 256D.44, subdivision 5; 260.835, subdivision 2; 626.557, subdivision 9;
Laws 2011, First Special Session chapter 9, article 7, section 7; article 9, section
17; Laws 2013, chapter 108, article 7, section 60; proposing coding for new
law in Minnesota Statutes, chapters 144; 144D; 145; 146A; 151; 325H; 403;
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; 256.01, subdivision 32; 325H.06; 325H.08;
Minnesota Statutes 2013 Supplement, section 148.6440; 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

HEALTH DEPARTMENT

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

    Sec. 3. [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, the following notice:
"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. 4. 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 within
six months of 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 the day following final enactment.

    Sec. 5. 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. 6. 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. 7. Minnesota Statutes 2013 Supplement, section 144.494, subdivision 2, is
amended to read:
    Subd. 2. Designation. A hospital that voluntarily meets the criteria for a
comprehensive stroke center, primary stroke center, or acute stroke ready hospital may
apply to the commissioner for designation, and upon the commissioner's review and
approval of the application, shall be designated as a comprehensive stroke center, a
primary stroke center, or an acute stroke ready hospital for a three-year period. If a
hospital loses its certification as a comprehensive stroke center or primary stroke center
from the joint commission or other nationally recognized accreditation entity, or no
longer participates in the Minnesota stroke registry program, its Minnesota designation
shall be immediately withdrawn. Prior to the expiration of the three-year designation, a
hospital seeking to remain part of the voluntary acute stroke system may reapply to the
commissioner for designation.

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

    Sec. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 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 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 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 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 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 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. 15. [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 hours of hire, and two hours of training
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 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.
EFFECTIVE DATE.This section is effective January 1, 2016.

    Sec. 16. [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 within 30 days of hire and annually thereafter and must
make emergency and disaster training available to all tenants annually.
(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. 17. 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. 18. 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, 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.

ARTICLE 2

PUBLIC HEALTH

    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;
(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 health
must 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; 144.225,
subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 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 3

HEALTH CARE

    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 currently maintains a surety bond under the
requirements in section 256B.0659 or 256B.85.

    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 the services included in paragraph
(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

    Sec. 3. 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 section 256B.072.
(b) The commissioners shall establish an advisory committee that includes
representatives of the health care professions such as primary care 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. 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. 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. 6. 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. 7. REVISOR'S INSTRUCTION.
The revisor of statutes shall remove cross-references to the sections and parts
repealed in section 8, 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 meanings.

    Sec. 8. REPEALER.
(a) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart
3; and 9500.1456, are repealed.
(b) 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 6. The commissioner of human services shall notify the revisor
of statutes when this occurs.

ARTICLE 4

CONTINUING CARE

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

    Sec. 13. 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. 14. 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. 15. 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 by the commissioner of human services under chapter 245D;
(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. 16. 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 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. 17. 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. 18. 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 April 1, 2014.

    Sec. 19. 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.

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

ARTICLE 5

CHILDREN AND FAMILIES

    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.
(e) A license holder must be able to show a safe sleep space readily available for
each infant present in the license holder's care. Each safe sleep space must meet the
requirements of this subdivision.

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

    Sec. 5. 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. 6. 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. 7. 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; and
(2) a motor vehicle in which 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) Nothing in this subdivision shall be interpreted to interfere with traditional or
spiritual Native American or religious ceremonies involving the use of tobacco.

    Sec. 8. Minnesota Statutes 2012, section 626.556, is amended by adding a subdivision
to read:
    Subd. 7a. Mandatory guidance for screening reports. Child protection intake
workers, supervisors, and others involved with child protection screening shall follow the
guidance provided in the Department of Human Services Minnesota Child Maltreatment
Screening Guidelines when screening maltreatment referrals, and, when notified by the
commissioner of human services, shall immediately implement updated procedures and
protocols.
EFFECTIVE DATE.This section is effective the day following final enactment.

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

ARTICLE 6

HEALTH-RELATED BOARDS

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

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

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

    Sec. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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), Birthworks, the Childbirth and Postpartum
Professional Association (CAPPA), Childbirth International, or the International Center
for Traditional Childbearing, or Commonsense Childbirth, Inc.

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

    Sec. 23. 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. 24. 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) has a license that is active and in good standing;
    (3) has no complaints pending, uncompleted disciplinary order, or corrective action
agreements;
    (4) 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;
    (5) 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;
    (6) 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;
    (7) 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
    (8) 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. 25. Minnesota Statutes 2012, section 151.01, subdivision 27, is amended to read:
    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;
    (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 (ACIP), 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 prescription
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 prescription drug order is consistent with
United States Food and Drug Administration-approved labeling of the vaccine;
    (6) participation in the practice of managing drug therapy and modifying drug
therapy, according to section 151.21, subdivision 1, according to a written protocol
between the specific pharmacist and the individual dentist, optometrist, physician,
podiatrist, or veterinarian who is responsible for the patient's care and authorized to
independently prescribe drugs. Any significant changes in drug therapy must be reported
by the pharmacist to the patient's medical record;
    (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.

    Sec. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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 regulated
by a health-related licensing board, and a health care institution or other organization
where the regulated person is engaged in providing services, must report to the appropriate
licensing board that a regulated person has diverted narcotics or other controlled
substances in violation of state or federal narcotics or controlled substance law if:
(1) the employer, health care institution, or organization making the report has
knowledge of the diversion; and
(2) the regulated person has diverted narcotics or other controlled substances
from the reporting employer, health care institution, or organization, or at the reporting
institution or organization.
(b) The requirement to report under this subdivision does not apply if:
(1) the regulated person is self-employed;
(2) the knowledge was obtained in the course of a professional-patient relationship
and the patient is regulated by the health-related licensing board; or
(3) knowledge of the diversion first becomes known to the employer, health care
institution, or other organization, either from (i) an individual who is serving as a work
site monitor approved by the health professional services program for the regulated
person who has self-reported to the health professional services program, and who
has returned to work pursuant to a health professional services program participation
agreement and monitoring plan; or (ii) the 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.
(c) Complying with subdivision 1 does not waive the requirement to report under
this subdivision.

    Sec. 32. REPEALER.
(a) Minnesota Statutes 2012, sections 148.01, subdivision 3; 148.7808, subdivision
2; and 148.7813, are repealed.
(b) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed.
(c) Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are
repealed.
EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.

ARTICLE 7

CHEMICAL AND MENTAL HEALTH

    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 section may be incorporated
into the 30 hours of staff orientation 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) (b) 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 prior to admission to a
treatment facility, but lacks the capacity to consent to the administration of that neuroleptic
medication; 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 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. 5. 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. 6. 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 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 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 8

MISCELLANEOUS

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

    Sec. 2. 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. 3. [145.7131] EXCEPTION TO EYEGLASS PRESCRIPTION
EXPIRATION.
(a) Notwithstanding any practice to the contrary, in an emergency situation, or
in the case of lost glasses, an optician, optometrist, physician, or eyeglass retailer may
make a new pair of prescription eyeglasses using the prescription from the old lenses
or the last prescription available.
(b) A person may elect to use an eyeglass prescription from an expired prescription
if the person has been advised by an optician, optometrist, physician, or eyeglass retailer
on the risks involved with using an expired prescription.

    Sec. 4. [151.71] MAXIMUM ALLOWABLE COST PRICING.
    Subdivision 1. Definition. (a) For purposes of this section, the following definitions
apply.
(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 is received; 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 an 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. 5. 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. Notwithstanding
section 15.059, subdivision 5, the council expires June 30, 2014 does not expire.
EFFECTIVE DATE.This section is effective the day following final enactment.

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

    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 does not expire.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 9. 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 sign signs
described in paragraph paragraphs (b) and (c) 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."
(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. 10. [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. 11. 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
and shall be subject to a penalty of not less than $150 for the first violation and not more
than $300 for each subsequent violation.

    Sec. 12. 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. 13. 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 (b).

    Sec. 14. [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 Minnesota AED Registry, the National
AED Registry, iRescU, or a manufacturer-specific program.
(d) "Public Access AED" means an 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 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.
(e) "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.
(f) "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.
(g) "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.
(h) "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 the
owner's 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) must be kept in the location specified in the registration; and
(3) must 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. The authorized agent of the 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. Civil or criminal liability. This section does not create any civil liability
on the part of an AED owner or preclude civil liability under other law. Section 645.241
does not apply to this section.
EFFECTIVE DATE.This section is effective August 1, 2014.

    Sec. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to
read:
    Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT
PROCESS.
(a) The commissioner of human services shall issue a request for information for an
integrated service delivery system for health care programs, food support, cash assistance,
and child care. The commissioner shall determine, in consultation with partners in
paragraph (c), if the products meet departments' and counties' functions. The request for
information may incorporate a performance-based vendor financing option in which the
vendor shares the risk of the project's success. The health care system must be developed
in phases with the capacity to integrate food support, cash assistance, and child care
programs as funds are available. The request for information must require that the system:
(1) streamline eligibility determinations and case processing to support statewide
eligibility processing;
(2) enable interested persons to determine eligibility for each program, and to apply
for programs online in a manner that the applicant will be asked only those questions
relevant to the programs for which the person is applying;
(3) leverage technology that has been operational in other state environments with
similar requirements; and
(4) include Web-based application, worker application processing support, and the
opportunity for expansion.
(b) The commissioner shall issue a final report, including the implementation plan,
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services no later than January 31, 2012.
(c) The commissioner shall partner with counties, a service delivery authority
established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology,
other state agencies, and service partners to develop an integrated service delivery
framework, which will simplify and streamline human services eligibility and enrollment
processes. The primary objectives for the simplification effort include significantly
improved eligibility processing productivity resulting in reduced time for eligibility
determination and enrollment, increased customer service for applicants and recipients of
services, increased program integrity, and greater administrative flexibility.
(d) The commissioner, along with a county representative appointed by the
Association of Minnesota Counties, shall report specific implementation progress to the
legislature annually beginning May 15, 2012.
(e) The commissioner shall work with the Minnesota Association of County Social
Service Administrators and the Office of Enterprise Technology to develop collaborative
task forces, as necessary, to support implementation of the service delivery components
under this paragraph. The commissioner must evaluate, develop, and include as part
of the integrated eligibility and enrollment service delivery framework, the following
minimum components:
(1) screening tools for applicants to determine potential eligibility as part of an
online application process;
(2) the capacity to use databases to electronically verify application and renewal
data as required by law;
(3) online accounts accessible by applicants and enrollees;
(4) an interactive voice response system, available statewide, that provides case
information for applicants, enrollees, and authorized third parties;
(5) an electronic document management system that provides electronic transfer of
all documents required for eligibility and enrollment processes; and
(6) a centralized customer contact center that applicants, enrollees, and authorized
third parties can use statewide to receive program information, application assistance,
and case information, report changes, make cost-sharing payments, and conduct other
eligibility and enrollment transactions.
(f) (e) Subject to a legislative appropriation, the commissioner of human services
shall issue a request for proposal for the appropriate phase of an integrated service delivery
system for health care programs, food support, cash assistance, and child care.

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