Senate Counsel, Research
and Fiscal Analysis
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Tom Bottern
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   Senate   
State of Minnesota
 
 
 
 
 
H.F. No. 2402 - Omnibus Health and Human Services Policy (The Conference Committee Report)
 
Author: Senator Kathy Sheran
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Joan White, Senate Counsel (651/296-3814)
 
Date: May 15, 2014



 

ARTICLE 1:  CHILDREN AND FAMILIES

Section 1 (245A.02, subd. 19) redefines “school age” as a child who is five years of age, but younger than 11 years.  Redefines “preschool age” as a child who is at least 24 months of age up to school age.

Section 2 (245A.1435) prohibits the commissioner from  issuing a correction order unless a violation of crib requirements occurred when an infant was in the license holder’s care.

Section 3 (245A.1511) allows county agencies, at the request of a contractor who serves multiple family child care providers, to maintain a record of the contractor’s background study and documentation of compliance with training requirements.

Section 4 (245A.50, subd. 5) modifies existing training requirements on sudden unexpected infant death and abusive head trauma.  Allows these trainings to occur in a single course of no more than two hours in length.  Requires the training to be completed in person, face-to-face, in a classroom, on-line, or by personal mentoring at least once every two years.  On alternate years the provider may receive video training. Provides a January 1, 2015 effective date.

Section 5 (245C.04, subd. 7) allows contractors who serve multiple family child care license holders to have a background study transferable to all family child care programs in the county if the county maintains a copy of the study, the license holder verifies the background study allows direct contact, and  the study is repeated every two years.

Section 6 (260C.212, subdivision 2) requires that a completed review of the written home study must be done prior to the approval of the foster home.

Section 7 (260C.215, subd. 4) requires the home study of prospective foster parents to address the capacity of the prospective parents to provide a smoke-free home environment for the child.

Section 8 (260C.215, subd. 6) adds that child-placing agencies must ensure foster homes maintain a smoke-free environment and ensure foster children are protected from the effects of second-hand smoke.

Section 9 (260C.215, subd. 9) paragraph (a) provides a list of settings in which a foster child must not be exposed to second hand smoke.

Paragraph (b) allows smoking in outdoor areas, except when a foster child is present and exposed to secondhand smoke.

Paragraph (c) requires that the home study must include a plan to maintain a smoke-free environment.

Paragraph (d) instructs the child-placing agency to ask foster parents who do not provide a smoke-free environment to comply with a plan that includes training on the health risks of exposure to second hand smoke.  Requires the agency to reassess the placement decision when a foster parent is unable to provide a smoke-free environment.

Paragraph (e) provides that placement of a child with a relative must not be affected by the requirements of this subdivision unless the relative is unable to provide for the immediate health needs of the specific child.

Paragraph (f) provides that if it is in a child’s best interests to be placed in a home that does not meet the requirements of  paragraph (a), failure to meet those requirements is not a cause to deny placement.

Paragraph (g) states that this subdivision must not be interpreted to deny placement of an Indian child pursuant to ICWA or the Minnesota Indian Family Preservation Act.

Paragraph (h) provides that this subdivision does not apply to traditional or spiritual Native American or religious ceremonies involving tobacco use.

Section 10 (626.556, subdivision 11c) requires counties to maintain sufficient information to identify repeat reports alleging maltreatment of the same child for 365 days, for reports that were not accepted for assessment or investigation. 

Section 11 removes a repealer of section 518A.74, Publication of names of delinquent child support obligors.

Section 12 (Minnesota TANF Expenditures Task Force)

Subdivision 1 establishes the task force to analyze past TANF expenditures and make recommendations as to which, if any, programs currently receiving TANF funding should be funded by the general fund so that a greater portion of TANF funds can go directly to families receiving assistance through MFIP.

Subdivision 2 specifies the membership of the task force.  Requires members of the task force to serve without compensation or reimbursement of expenses.  Requires the commissioner of human services to convene the first meeting of the task force by July 31, 2014.  Requires the task force to meet at least quarterly.  Requires staffing and technical assistance to be provided by DHS.

Subdivision 3 lists the duties of the task force.  Requires the task force to consider certain issues when making recommendations including:

  • the original purpose of the TANF block grant under federal regulations;
  • potential overlap of the population eligible for the MFIP cash grant and the other programs currently receiving TANF funds;
  • the impact of past expenditures on families who may be eligible for assistance through     TANF; and
  • the role of noncash assistance expenditures in maintaining compliance with federal law.

 Subdivision 4 requires the task force to submit an initial report by November 30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.  Requires the task force to submit a final report, including any draft legislation necessary for implementation, by February 1, 2015, to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.

Subdivision 5 provides this section expires March 1, 2015, or upon submission of the final report required under subdivision 4, whichever is earlier.  Provides an immediate effective date.

ARTICLE 2:  PROVISION OF HEALTH SERVICES

Section 1 (150A.055)  Authorizes licensed dentists who have immediate access to emergency response equipment and are trained in or have completed a program approved by the Board of Dentistry on the administration of immunizations to administer the influenza immunization to patients who are 19 years of age or older.

Section 2 (151.71) requires pharmacy benefit managers (PBMs) to provide maximum allowable cost pricing to pharmacies.

Subd. 1 defines the following terms:  health plan company and pharmacy benefit manager.

Subd. 2, paragraph (a), requires contracts between PBMs and pharmacies to provide the pharmacy the opportunity to obtain a current list of the sources used to determine maximum allowable cost pricing.  The PBM is required to update the pricing information at least every seven business days and provide a means by which pharmacies may review current prices at no cost to the pharmacy.  The PBM is also required to maintain a procedure to eliminate products from the list of drugs that are subject to the maximum allowable cost pricing in a timely manner.

Paragraph (b) states that before putting a drug on a maximum allowable cost list, the PBM must ensure that the drug is generally available for purchase by pharmacies in the state from a national or regional wholesaler and not obsolete.

Paragraph (c) specifies that the contract between a PBM and a pharmacy must include a process to appeal, investigate, and resolve disputes regarding maximum allowable cost pricing.  Specifies the criteria for the process.

Paragraph (d) states that if an appeal is upheld, the PBM shall make an adjustment to the maximum allowable cost price no later than one business day after the date of determination, and shall make the price adjustment applicable to all similarly situated network pharmacy providers as defined by the plan sponsor.

Section 3 (152.126 subd. 1) changes the name of the program to the Prescription Monitoring Program.  Adds to the definition of “controlled substances” for purposes of this program, tramadol and butalbital, and adds veterinarians to the definition of “prescriber.”

Subdivision 3 adds to the task force a representative of medical examiners and coroners.  Also requires the task force to advise the board on criteria for the unsolicited provision of prescription monitoring data by the board to prescribers and dispensers.  Specifies that the task force is governed under section 15.059, except that the task force does not expire.

Subdivision 4 specifies that a dispenser is not required to submit the required data for controlled substance prescriptions dispensed for individuals residing in a health care facility when a drug is distributed through an automated drug distribution system and individuals receiving a drug sample that was packaged by a manufacturer and provided to the dispenser for dispensing as a professional sample.   Requires a dispenser to submit data for those prescription drugs dispensed for individuals residing in licensed skilled nursing and intermediate care facilities; individuals receiving assisted living services under chapter 144G or through a medical assistance home and community based waiver; individuals receiving medication intravenously; individuals receiving hospice and other palliative or end of life care; and individuals receiving services from a home care provider regulated under chapter 144A.  Requires a dispenser to provide a patient with notice that the information may be used for program administration purposes.

Subdivision 5 permits the data to be used after the 12-month period by certain permissible users for the purposes of administering, operating, and maintaining the program and conducting trend analyses and other studies necessary to evaluate the effectiveness of the program.  States that any data retained beyond 24 months must be identified, and that the board may not retain the reported data for longer than four years from the date the data was received.

Subdivision 6, paragraph (b), makes changes to who is a permissible user and may access the data by including the following:  a prescriber to the extent the data relates to a current patient to whom the prescriber is providing emergency medical treatment for which the data may be necessary; or providing other medical treatment for which access to the data may be necessary if the patient has consented to access to the submitted data; a licensed pharmacist who is providing pharmaceutical care for which access to the data may be necessary if the patient has consented to access the data; personnel of the health professionals services program to the extent the data relates to an individual who is enrolled and being monitored by the program, and the individual consents to the access to the data, but cannot be provided to a health-related licensing board, except as permitted under section 214.33, subdivision 3.

Strikes the paragraph that specified that the board cannot release the name of a prescriber without the written consent of the prescriber.

Paragraph (e) specifies that the board is required to maintain a log of all persons who access the data for a period of at least three years.

Paragraph (g) authorizes the board to participate in an interstate prescription monitoring program data exchange system under certain conditions.

Paragraph (i) requires the board to review the data submitted on at least a quarterly basis, and shall establish criteria for referring information about a patient to prescribers and dispensers who prescribed or dispensed the prescriptions in question if the criteria is met.  The board is required to report to the legislature by January 5, 2016, on the criteria established.  This paragraph expires August 1, 2016.

Subdivision 8 is repealed (evaluation and reporting requirement that was required to be submitted to the legislature by July 15, 2011).

Subdivision 10 adds the Board of Veterinary Medicine to the health-related licensing boards in which the administrative services unit apportions the cost to the board for operating the program.

Section 4 requires the Board of Pharmacy to study the issue of mandatory use of the prescription monitoring program data base and report to the legislature by December 15, 2014, with recommendations on whether or not to (1) require the use of the database by prescribers when prescribing or considering to prescribe, and pharmacists when dispensing or considering dispensing a controlled substance; (2) allow the use of the database to identify potentially inappropriate prescribing of controlled substances; and (3) encourage access to appropriate treatment for prescription drug abuse through the program.  Requires the board to assess the impact of the program on the level of doctor-shopping activities and report to the legislature by December 15, 2016.

ARTICLE 3: CHEMICAL AND MENTAL HEALTH

 Section 1 (245A.03, subd. 6a) amends the Department of Human Services Licensing Act, specifically the provision relating to adult foster care homes serving people with mental illness, by clarifying that these homes are to serve people with the “primary diagnosis” of mental illness.  Adds that the requirements for certification include training on suicide intervention, warning signs and appropriate responses, and a crisis plan.  New paragraph (c) requires that the training be approved by the commissioner and include a testing component, and specifies who may provide the training.  This section also clarifies that for licensed programs under chapter 245D, training under this section may be incorporated into the 30 hours of training required under chapter 245D.

Section 2 ( 245D.33)  strikes the certification requirements for licensed home and community based service providers and adds a cross reference to the certification standards in section 245A.03, subdivision 6a.

Section 3 (253B.092, subdivision 2) allows neuroleptic medications to be administered if the patient was prescribed neuroleptic medication prior to admission to the facility, but lacks the capacity to consent to the administration of the medication, when it is in the patient’s best interests, and the patient does not refuse the medication.  Under these circumstances, the medication may be continued for up to 14 days while the physician is obtaining a substitute decision-maker, or is requesting an amendment to the current court order authorizing administration of the medication.

Section 4 (254A.035, subd. 2) provides that the American Indian Advisory Council expires June 30, 2018.  This council provides advice to the commissioner on issues related to drug and alcohol misuse and abuse by American Indians. Provides an immediate effective date.

Section 5 (245A.04) provides that this council expires June 30, 2018.  This council advises the commissioner of human services concerning the problems of alcohol and drug dependency.  Provides an immediate effective date.

Section 6 (254B.01, subd. 8) paragraph (a) defines “culturally specific program” as a substance use disorder treatment program that improves outcomes for a specific population by eliminating health disparities and provides services responsive to an individual within a specific population’s values, beliefs, and practices.

Paragraph (b) provides that a tribally licensed program designated as serving a culturally specific population by the tribal government satisfies this subdivision.

Section 7 (254B.05, subd. 5) strikes the words “serving special populations” and substitutes “culturally specific programs” in the subdivision allowing the commissioner to establish enhanced rates for programs meeting specified criteria.

Section 8 (260.835, subd. 2) provides that the American Indian Child Welfare Advisory Council expires June 30, 2018.  This council helps the commissioner formulate policies and procedures relating to Indian child welfare services.   Provides an immediate effective date.

Section 9 (260C.157, subd. 3) requires screening to occur within 10 days of a request for screening when a child is enrolled in a prepaid health program and the screening is for the purpose of placement in a mental health residential treatment facility.

Section 10 authorizes the commissioner to create a pilot program to test the efficiency of no more than three counties providing notice to the commissioner prior to or when a petition is file to commit a patient exclusively to the commissioner.  Requires the commissioner to issue a status report to the legislature no later than January 15, 2015.

ARTICLE 4:  HEALTH-RELATED LICENSING

Section 1 (146A.01, subd. 6) makes a conforming change related to the amended language in section 146A.065.

Section 2 (146A.065) Paragraph (a) specifies that a health care practitioner who is 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 the applicable heath-related board with regard to the complementary and alternative health care practices.

Paragraph (b) specifies that a health-related licensing board or the Commissioner of Health may not discipline a licensee for the sole basis of referring a patient to a complementary and alternative health care practitioner, or for utilizing complementary and alternative health care practices as a component of a patient's treatment.

Paragraph (c) requires a health care practitioner who uses a complementary and alternative health care practice to provide patients receiving these services with a copy of the required client bill of rights.

Paragraph (d) specifies that this section does not prevent a health-related licensing board or the commissioner from imposing disciplinary action for any conduct that violates provisions of the applicable practice act.

Section 3 (146A.11, subd. 1) specifies that a licensed registered health care practitioner utilizing complementary and alternative health care practices within the scope of practice of the practitioner's license or registration is not required to provide a patient with the complementary and alternative health care client bill of rights.

Section 4 (148.01, subd. 1) modifies the definition of chiropractic.  Adds definitions for chiropractic services; abnormal articulation; diagnosis; diagnostic services; therapeutic services; and acupuncture.

Section 5 (148.01, subd. 2) specifies that the practice of chiropractic does not include the practice of physical therapy.

Section 6 (148.01, subd. 4) defines the practice of chiropractic.

Section 7 (148.105, subd. 1) makes a minor change to refer to any person registered or licensed by the Commissioner of Health under section 214.13.

Section 8 (148.261, subd. 1a) requires the Board of Nursing to deny a license or automatically revoke a license if the applicant or licensee has been convicted of certain felony level criminal sexual conduct offenses.

Section 9 (148.261, subd. 4) makes a technical change.

Section 10 (148.6402, subd. 17) modifies the definition of physical agent modalities.

Section 11 (148.6404) modifies the scope of practice for occupational therapy by striking the reference to section 148.6440 (physical agent modalities that requires a separate certification in order to use physical agent modalities).

Section 12 (148.6430) strikes language referring to the delegation of duties related to use of physical agent modalities to occupational therapy assistants being governed by section 148.6440.

Section 13 (148.6432, subd. 1) strikes the language referring to the supervision of occupational therapy assistants using physical agent modalities being governed by section 148.6440.

Section 14 (148.7802, subd. 3) clarifies that the approved education program must be approved or accredited by a nationally accreditation agency for athletic education programs approved by the board.

Section 15 (148.7802, subd. 9) modifies the definition of credentialing examination by referring to the Board of Certification or its successor.

Section 16 (148.7803, subd. 1) clarifies that a student attending an athletic training program must be identified as an "athletic training student."

Section 17 (148.7805, subd. 1) removes obsolete language regarding the initial appointees to the advisory council.

Section 18 (148.7808, subd. 1) modifies the registration requirements to include submitting proof of a baccalaureate or a masters degree from an accredited college.  This section also removes the requirement that proof of passing a credentialing examination be submitted to the board within one year of the application for registration. (Proof of passing the exam would have to be submitted with the registration application).

Section 19 (148.7808, subd. 4) changes the time period of a temporary registration from one year to 120 days.

Section 20 (148.7812, subd. 2) modifies the name of  the entity that approves continuing education credit to refer to the Board of Certification or the board’s recognized successor.

Section 21 (148.7813, subd. 5) specifies that registered athletic trainers and applicants are subject to the Board of Medical Practice’s disciplinary grounds and actions.

Section 22 (148.7814) modifies the reference to the name of the certification entity to the Board of Certification and adds the board’s recognized successor.

Section 23 (148.995, subd. 2) adds another agency to the list of agencies that are able to certify doulas for purposes of registration.

Section 24 (148.996, subd. 2) corrects a statutory citation in a doula section.

Section 25 (148B.5301, subd. 2) specifies that supervisors who are supervising a post-master’s degree supervised professional practice must meet the supervisor requirements in rule.

Section 26 (148B.5301, subd. 4) specifies the requirements an individual, who is currently licensed as a professional counselor, needs to meet to convert to a licensed professional clinical counselor.

Section 27 (150A.01, subd. 8a) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 28 (150A.06, subd. 1) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 29 (150A.06, subd. 1a) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 30 (150A.06, subd. 1c) permits the Board of Dentistry to grant one or more specialty licenses and makes conforming changes.

Section 31 (150A.06, subd. 1d) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 32 (150A.06, subd. 2) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 33 (150A.06, subd. 2a) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 34 (150A.06, subd. 2d) clarifies that the CPR certification must be from the American Heart Association health care provider course or the American Red Cross.

Section 35 (150A.06, subd. 3) eliminates the ability of the Board of Dentistry to waive the clinical examination for an applicant who meets the other requirements and has satisfactorily completed an accredited postdoctoral general dentistry residency program located outside of Minnesota.

Section 36 (150A.06, subd. 8) removes reference to the American Dental Association when referring to the Commission on Dental Accreditation.

Section 37 (150A.091, subd. 3) eliminates the ability to submit a separate prorated initial license or permit fee.

Section 38 (150A.091, subd. 8) makes a wallet size license and renewal certificate available for $15.

Section 39 (150A.091, subd. 16) increases the fee that a licensee would be charge if the licensee failed two professional development portfolio audits (currently the fee cannot exceed $250 if the licensee fails two consecutive audits).  Also authorizes the board to initiate a complaint process to address multiple failed audits.

Section 40 (150A.10) makes minor changes to the allied dental personnel section.

Subd. 1a clarifies that the CPR certification for a restorative dental hygienist must be from the American Heart Association healthcare provider course or the American Red Cross professional rescuer course.

Subd. 2 makes a technical change.

Subd. 4 includes the restorative procedures that certain dental hygienists and dental assistants can perform the ability to place, contour, and adjust class II supragingival composite restorations on primary teeth.

Section 41 (153.16, subd. 1) modifies the license requirements for podiatrists for applicants who graduated from a podiatric medical school after 1986 by requiring the applicant to submit to the board evidence of successful completion of a residency program approved by a national accrediting podiatric medicine organization.

Section 42 (153.16, subd. 1a) adds language addressing the relicensure requirements after two years or greater lapse in practice by requiring the completion of a reentry program approved by the board.

Section 43 (153.16, subd. 2) modifies the language regarding the requirements for licensure for applicants licensed in another state by requiring the same number of continuing education required for biennial renewal if the license is inactive.

Section 44 (153.16, subd. 3) modifies the temporary permit requirements by authorizing the board to issue a temporary permit to a podiatrist who is engaged in a clinical residency that is approved by a national accrediting organization.  This section specifies that the temporary permit is renewed annually until the residency training requirements are completed or the residency program is terminated or discontinued.

Section 45 (153.16, subd. 4) requires licensed podiatrists to meet 40 hours of continuing education requirements within each two year period for license renewal.  This section describes the requirements that must be met.

Section 46 (214.077) paragraph (a) requires health-related licensing boards and the commissioner of health, upon receipt of a complaint, to temporarily suspend the credential of regulated person when the board or commissioner has probable cause to believe that continued practice by the regulated person presents an imminent risk of harm.

Paragraph (b) provides that the suspension shall remain in effect until the licensing board or commissioner completes an investigation and issues a final order after a hearing.

Paragraph (c) requires the board or the commissioner to schedule a hearing when it issues the suspension notice.  Requires that the regulated person have at least 20 days notice of any hearing; requires the hearing to be scheduled no later than 60 days after issuance of the suspension order.

Provides that this section is effective July 1, 2014.

Section 47 (214.09, subd. 3) increases the compensation rate to $75 a day for members of health-related licensing boards when conducting board activities.  (Currently the rate is $55 a day.)

Section 48 (214.103, subd. 2) allows an executive director to authorize a field investigation to clarify the nature of the complaint and the facts that led to the making of the complaint.  Provides that this section is effective July 1, 2014.

Section 49 (214.103, subd. 3) requires government agencies to coordinate and conduct joint investigations into complaints that involve more than one governmental agency.  Provides that this section is effective July 1, 2014.

Section 50 (214.12, by adding subd. 5) requires the health-related licensing boards to promote the health professionals services program.  Provides that this section is effective July 1, 2014.

Section 51 (214.29) requires each health board, including the EMSRB, to contract with the health professionals services program for a diversion program for regulated professionals who are unable to practice safely due to illness, use of alcohol, drugs, chemicals, or as a result of any mental, physical, or psychological condition.  Provides that this section is effective July 1, 2014.

Section 52 (214.31) instructs the HPSP to contract with the health-related licensing boards to conduct the diversion program.  Provides that this section is effective July 1, 2014.

Section 53 (214.32) authorizes health-related licensing boards to temporarily suspend the license of any licensee who has been discharged from the health professionals services program based on allegations that the regulated person has engaged in conduct that might cause risk to the public.  The license may be suspended until the completion of a disciplinary investigation.  If the board suspends alliance, the board is required to complete the investigation within 30 days of receiving the report of discharge from the health professionals services program, unless the licensee requests a delay in the proceedings in which case the license will be suspended until completion of the investigation.

Section 54 (214.33, subd. 3) requires the program manager of the Health Professional Services Program to report to the appropriate health licensing board a regulated person who:

  1. is discharged from the program, except upon successful completion of the program;
  2. is subject to the provisions of section 214.17 to 214.25;
  3. causes identifiable patient harm;
  4. unlawfully substitutes or adulterates medications;
  5. writes a prescription in the name of a person other   than the prescriber, or a veterinary patient for the  personal use of the prescriber;
  6. alters a prescription for the purpose of obtaining a drug for personal use; or
  7. unlawfully uses a controlled or mood-altering substance or uses alcohol while providing patient care or otherwise on duty, if current use is the reason for participation in the program or the use occurs while the person is participating in the program.

Section 55 (214.33, subd. 5) Paragraph (a) requires 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 to the appropriate licensing board that the regulated person has diverted narcotics of other controlled substances if:

  1. the employer, 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, institution, or organization, or at the reporting institution or organization.

Paragraph (b) specifies that this reporting requirement 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 regulated person is the patient; and
  3. knowledge of the diversion becomes known to the employer, institution, or other organization from 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 program and who has returned to work pursuant to a program participation agreement and monitoring plan, or from the regulated person who has self-reported to the program and who has returned to work pursuant to the participation agreement and monitoring plan.

Paragraph (c) specifies that complying with subdivision 1 (permission to report) does not waive the requirement to report under this subdivision.

Section 56 (214.355) requires the boards to consider it grounds for disciplinary action with a regulated person violates the terms of the HPSP participation agreement or leaves the program without fulfilling the terms for successful program completion.  Provides that this section is effective July 1, 2014.

Section 57 (364.09) specifies that chapter 364 does not apply to any license that has been denied or revoked by the Board of Nursing due to a conviction of a felony-level criminal sexual conduct offense.

Section 58, paragraph (a) instructs the revisor to remove cross-references to the section repealed in this article and make technical changes required.

Paragraph (b) instructs the revisor to change the term “physician’s assistant” to  “physician assistant” in statute and rule.

Section 59, paragraph (a) repeals section 148.01, subd. 3 (inclusions); 148.7808, subd. 2 (registration renewal notice); 148.7813 (disciplinary process).

Paragraph (b) repeals section 148.6440 (physical agent modalities).

Paragraph (c) repeals chiropractic rules.

ARTICLE 5:  BOARD OF PHARMACY

Section 1 (151.01) amends and adds various definitions to the Pharmacy Practice Act.  Only amended and new definitions are described in this summary. 

     Subd. 2.  Pharmacy.  Updates the definition of “pharmacy.”

     Subd. 5.  Drug.  Adds vaccines and biologicals to the definition of “drug.”  Adds that the term “drug” includes any compound, substance, or derivative, not approved for human use by the FDA or permitted for use by Minnesota law that induces effects similar to Schedule I or II controlled substances.

     Subd. 7.  Poison.  Makes two technical changes.

     Subd. 9.  Board or Board of Pharmacy.  Strikes the word “State” from the board’s name.

     Subd. 10.  Director.  Adds the word “executive” so that the term “director” refers to the executive director of the board.

     Subd. 13. Commercial purposes.  Excludes “other health care professions” from the definition of “commercial purposes.”  Current law already excludes the practices of medicine and pharmacy.

      Subd. 14. Manufacturing.  Redefines the term to mean the preparation or processing              of a drug by extraction from substances of natural origin or independently by means of chemical or biological synthesis.  This term includes packaging or repackaging a drug, or labeling or relabeling a container of a drug.  It does not include the labeling of a container within a pharmacy or by a practitioner for dispensing to a patient pursuant to a prescription.

      Subd. 14a. Manufacturer.  Adds the definition for this term and defines it as any person engaged in manufacturing.

     Subd. 14b. Outsourcing facility.  Adds the definition for this term.  The term means a facility that meets federal requirements and registers with the FDA.  These facilities compound human drugs.

       Subd. 16. Prescription drug order.  Adds the definition of “prescription drug order.”  Provides that such an order may be written, oral, or electronic, and must be for a specific patient.  Requires orders for controlled substances to be prepared according to state and federal laws.

     Subd. 16a. Prescription.  Adds a new definition for “prescription.”  Lists the requirements and information that must be included on a valid prescription drug order.

     Subd. 16b. Chart order.  Adds this definition which means a prescription drug order for a drug that is to be administered to a patient in a hospital or long-term care facility.  Lists the information that must be included in a valid chart order.

      Subd. 17.  Legend drug.  Strikes the requirement for a specific cautionary statement to be included with legend drugs.  Requires legend drugs to be dispensed by prescription only.

     Subd. 18.  Label.  Strikes an obsolete cross-reference.  Clarifies that any information required to appear on a drug or medicine label must be clearly visible on the outside of the container or wrapper.

     Subd. 23.  Practitioner.  Requires drug manufacturers required to report payments to practitioners to include in their annual report the names of physician assistants and APRNs who are authorized to prescribe, dispense, and administer drugs, and dental therapists who are authorized to dispense and administer drugs.

      Subd. 27.  Practice of pharmacy.  Adds that it is within a pharmacist’s scope of practice to interpret results of laboratory tests to monitor drug therapy, but may modify the therapy only pursuant to a protocol or collaborative practice agreement.

Clause (3) allows pharmacists to participate in clinical interpretation and monitoring of drug therapy, including performing and interpreting laboratory tests.

Clarifies the conditions under which a pharmacist can administer influenza vaccines.

Allows pharmacists to participate in collaborative practice agreements (this term is defined in subdivision 27b).

     Subd. 27a.  Protocol.  Defines “protocol” as a written plan describing the activities in which a pharmacist engages when initiating, modifying, managing, or discontinuing drug therapy; or a plan that authorizes the pharmacist to administer vaccines.

     Subd. 27b. Collaborative practice.  Defines this term as patient care activities engaged in by one or more pharmacists who work collaboratively with one or more practitioners to initiate, manage, and modify drug therapy.

     Subd. 27c. Collaborative practice agreement.  Provides that this is a written, signed agreement between one or more pharmacists and one or more practitioners to engage in collaborative practice.

     Subd. 28.  Veterinary legend drug.  Strikes the requirement for a specific cautionary statement to be included with legend drugs.  Requires legend drugs to be dispensed by prescription only.

      Subd. 29.  Legend medical gas.  Strikes the requirement for a specific cautionary statement to be included with legend medical gases.  Requires these gases to be dispensed by prescription only.

     Subd. 30.  Dispense or dispensing.  Defines these terms as the interpretation and processing of a prescription drug order in compliance with board rules.

    Subd. 35.  Compounding.  Creates a new definition.  Defines “compounding” as the preparation, mixing, assembling, packaging, and labeling of a drug for a specific patient pursuant to a prescription drug order.  This term includes anticipatory compounding and preparation of drugs in which all bulk drug substances and components are nonprescription substances.  Provides that the term does not include preparation of a drug for research, teaching, or chemical analysis.  Specifies that it is not compounding when, under the directions or supervision of a licensed nuclear pharmacist or physician, minor adjustments are made to a medication in order to accommodate circumstances not contemplated by the manufacturer.

     Subd. 36.  Anticipatory compounding.  Creates a new definition which means a pharmacy’s or practitioner’s preparation of a supply of a compounded drug product sufficient to meet the pharmacy’s short-term need  for filling prescriptions or a practitioner’s need for dispensing or administering the drug to patients treated by the practitioner.

     Subd. 37.  Extemporaneous compounding.  Adds a new definition which means the compounding of a drug product pursuant to a prescription drug order that is issued in advance of the compounding.

       Subd. 38.  Compounded positron emission tomography drug.  Creates a definition for this term.  This means a drug used for PET scans images, and compounded in compliance with Minnesota Rules for a patient or research, teaching, or quality control.

Section 2 (151.06) specifies the powers and duties of the board.

     Subd. 1.  Generally; rules.  Strikes the list of conduct which may be grounds for disciplinary action.  (A new statutory section on disciplinary action is created in section 3 of this bill.)  Authorizes a representative of the board to enter and inspect any business licensed or registered by the board.

     Subd. 1a. Cease and desist orders.  Grants the board authority to issue cease and desist orders.  Requires the order to include the bases for issuance of the order and a notice of hearing rights.  Establishes time frames for hearings, issuance of the ALJ report, and final action by the board.  Provides that if no hearing is requested with 30 days of service of the order, the order becomes permanent.  Provides that a cease and desist order remains in effect until modified or vacated by the board.

      Subd. 1b.  Enforcement of cease and desist orders.  Provides that the allegations in the cease and desist order are considered conclusively established for purposes of enforcement of the order.  Allows the person against whom an order has been issued to seek an injunction to suspend enforcement of the order.

Strikes subdivisions 3 to 5 dealing with disciplinary actions.  Provisions of these subdivisions are contained in section 3 of this bill.

Section 3 (151.071) specifies the disciplinary actions for the board.

     Subd. 1.  Forms of disciplinary action.  Allows the board to impose a range of disciplinary action when a licensee, registrant, or applicant has engaged in prohibited conduct under subdivision 2.  These actions include denial of a license, refusal to renew, revocation or suspension, or imposition of limitations or conditions on the license.

     Subd. 2.  Grounds for disciplinary action.  Lists prohibited conduct.  Included in the list are actions such as obtaining a license by fraud, conviction of a felony related to the practice of the profession, disciplinary action by another state or licensing authority, engaging in unethical conduct, fraudulent billing practices, and termination from the Health Professional Services Program for reasons other than satisfactory completion of the program.

      Subd. 3.  Automatic suspension.  Paragraph (a) instructs the board to automatically suspend a license if a court appoints a guardian for a licensee or the licensee is civilly committed.

Paragraph (b) allows the board to automatically suspend the license of a licensee when the board receives notice that a judgment has been entered against the licensee for, or the licensee has entered a plea of guilty to, a felony related to the practice of pharmacy.

Paragraph (c) allows the board to suspend a facility license or registration when the owner of the facility is subject to a judgment of, or a plea of guilty to, a felony related to the operation of the facility.

Paragraphs (d) and (e) allow individuals whose license or registration have been suspended under paragraphs (a) to (c) to have their license or registration reinstated by demonstrating clear and convincing evidence of rehabilitation.  Allows the board to impose restrictions, conditions, or limitations upon reinstatement of the license or registration.

Paragraph (f) allows the board to suspend the license or registration of a regulated individual when the individual fails to maintain a current name and address with the board while a disciplinary investigation or action is pending.

Paragraph (g) allows the board to suspend the license or registration of a regulated facility when the owner fails to maintain a current name and address with the board while a disciplinary investigation or action is pending.

Paragraph (h) and (j) require regulated individuals and owners of regulated facilities to maintain a current name and address with the board.

     Subd. 4.  Effective dates.  Provides that any action taken by the board against a license or registration shall be in effect pending appeal.  License revocation under subdivision 1 is not appealable and the revocation shall remain in effect indefinitely.

     Subd. 5.  Conditions on reissued license.  Allows the board to restore a license or registration, but as a condition the board may impose disciplinary or corrective action.

     Subd. 6.  Temporary suspension of license for pharmacists.  Allows the board, without a hearing, to temporarily suspend a pharmacist’s license if the board finds the pharmacist has violated a statute or rule the board is empowered to enforce and continued practice by the pharmacist would create a serious risk of harm to the public.  Requires the board to schedule a hearing on the matter to be held no later than 30 days after the issuance of the suspension order.

     Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy technicians, and controlled substance researchers.  Allows the board, without a hearing, to temporarily suspend the registration of a pharmacist intern, pharmacy technician, or controlled substance researcher if the board finds the registrant has violated a statute or rule the board is empowered to enforce and continued practice would create a serious risk of harm to the public.  Requires the board to schedule a hearing on the matter to be held no later than 30 days after the issuance of the suspension order.

     Subd. 8.   Temporary suspension of license for pharmacies, drug wholesalers, drug manufacturers, medical gas manufacturers and medical gas distributors. Allows the board, without a hearing, to temporarily suspend the license or registration of a listed facility if the board finds the licensee or registrant has violated a statute or rule the board is empowered to enforce and continued operation of the facility would create a serious risk of harm to the public.  Requires the board to schedule a hearing on the matter to be held no later than 30 days after the issuance of the suspension order.

     Subd. 9.  Evidence.  Allows a copy of a judgment or proceeding under seal of the court administrator or of the administrative agency entering the judgment to be admissible as evidence in certain proceedings.

     Subd. 10.  Mental or physical examination.  Allows the board to require a regulated person to undergo a mental or physical examination when the board has probable cause to believe the person is unable to practice by reason of illness, substance use, or mental illness.

     Subd. 11.  Tax clearance certificate.  Bars the board from issuing or renewing a license or registration if the commissioner of revenue notifies the board and the regulated person that the regulated person owes the state $500 or more in delinquent taxes.  Allows the board to issue or renew the license or registration when the commissioner of revenue issues a tax clearance certificate.

Allows the applicant or regulated person to request a contested case hearing.

Requires applicants and regulated persons to include their Social Security number and Minnesota business identification number on all license applications.

     Subd. 12.  Limitation.  Requires the board to commence proceedings against a regulated person or facility within seven years of the commission of the offense, except for alleged violations of knowingly providing false or misleading information directly related to the care of a patient.

Section 4 (151.072) establishes reporting obligations.

     Subd. 1.  Permission to report.  Allows any person who has knowledge of conduct that may be grounds for disciplinary action to make a report to the board.

     Subd. 2.  Pharmacies.  Requires pharmacies to report to the board any disciplinary action taken against a pharmacist, pharmacist intern, or pharmacy technician.  Failure to report is a basis for disciplinary action against the facility.

     Subd. 3.  Licensees and registrants of the board.  Requires regulated persons to report to the board personal knowledge of any conduct by another regulated person   that may be grounds for disciplinary action.  Failure to report is a basis for disciplinary action.

    Subd. 4.  Self-reporting.  Requires regulated individuals to report any personal action that would require a report to be filed pursuant to subdivisions 2 to 4.

     Subd. 5.  Deadlines; forms.  Requires reports to be submitted within 30 days of the reportable event.  Permits the boards to provide forms for the submission of reports.

     Subd. 6.  Subpoenas.  Allows the board to issue subpoenas for records required by subdivisions 2 to 5 or any related documents. 

Section 5 (151.073) provides immunity from civil liability for any person, facility, business or organization that makes a good faith report to the board alleging violations of this chapter.  This section also classifies the reports as investigative data.  This section also provides immunity from civil and criminal liability for any board member, board employee, or person who, within the scope of their duties, and acting in good faith, is participating or testifying regarding violations of this chapter.  Individuals who maintain records or make reports regarding adverse care events are immune from criminal and civil liability.

Section 6 (151.074) requires licensees and registrants to cooperate with the board if they are the subject of a board investigation.  Requires the board to maintain any records obtained pursuant to this section as investigative data.

Section 7 (151.075) requires the court reviewing any board disciplinary action taken under this chapter to seal the administrative record with the exception of the board’s final decision.

Section 8 (151.211) requires prescription drug orders to be retained at the location that dispensed the drug for at least two years.  This section also requires prescription drugs orders that are electronically prescribed to be kept on file in the format that they were received.  Requires electronic systems used to process and store prescription drug orders to be compliant with this chapter.  Prescription orders that are stored electronically may be stored in an electronic format and kept on file at a remote location provided the location is readily and securely accessible.  This section also adds electronic prescriptions to the refill requirements of this chapter.

Section 9 (151.251) establishes compounding requirements.

Subdivision 1 specifies that the manufacturing licensure requirements do not apply to a practitioner or a pharmacy when a pharmacist is engaged in extemporaneous compounding, anticipatory compounding, or compounding not done pursuant to a prescription drug order when permitted by this chapter.

Subdivision 2 specifies the circumstances under which a drug product may be compounded by a practitioner or pharmacist.

Subdivision 3 specifies that this section does not apply to compounded positiron emission tomography drugs or radiopharmaceuticals.

Section 10 (151.252, subd. 1a) requires any person seeking to act as an outsourcing facility to apply and obtain a license from the board and pay the applicable manufacturer licensing fee.  This section also requires the facility to provide the board with proof that the outsourcing facility is registered with the FDA and in compliance with all laws and rules; requires a facility that is physically located in other states to be licensed or registered in that state; requires a separate license for each outsourcing facility; and requires the facility to pass an inspection conducted by a representative of the board.

Section 11 (151.26) Clarifies that this chapter does not apply to or interfere with the dispensing of a legend drug, including a controlled substance, that is packaged by the manufacturer and provided to the dispenser for dispensing as a professional sample, so long as the federal regulations are followed.  This section also states that the exceptions provided in this section do not apply to any compound or substance that is not approved for human consumption by the FDA or under Minnesota law, and that when introduced into the body induces a similar effect as a Schedule I or II controlled substance, regardless of whether the substance is marketed for human consumption.

Section 12 (151.361, subd. 2) strikes obsolete language related to drugs purchased prior to January 1, 1983, for resale.

Section 13 (151.37) makes a number of changes to this section regarding who may prescribe and possess prescription drugs.

Subdivision 2 makes a conforming change to prescription drug orders. 

Subdivision 4 specifies that a pharmacy may compound drugs for research studies if applicable standards regarding nonsterile and sterile compounding are followed. 

Subdivision 10a specifies that this chapter does not prohibit the purchase, possession, or use of a legend drug by an entity acting in accordance with an emergency use authorization issued by the FDA if the entity is specifically assigned in a public health response plan to perform critical functions necessary to perform critical functions necessary to support the response to a public health incident or event.

Subdivision 11 specifies that this section does not prohibit an accredited public or private postsecondary school from possessing a legend drug that is not a controlled substance listed in section 152.02, provided that certain factors are met.

Section 14 (151.44) modifies “repackers” to “repackagers” and the definition of “manufacturers” to refer to the meaning in section 151.01.

Section 15 (151.58, subd. 2) modifies the definition of “health care facility” by striking “community behavioral health hospital” within the automated drug distribution system section.

Section 16 (151.58, subd. 3) specifies that a pharmacy may use an automated drug distribution system to fill prescription drugs for patients of a health care facility provided that the policies and procedures required by this section are approved by the board.

Section 17 (151.58, subd. 5) specifies that a pharmacist employed by or working at a pharmacy that is acting as a central services pharmacy for the managing pharmacy may review, interpret, and approve all prescription drug orders before a drug is distributed from an automated drug distribution system.

Section 18 (152.02, subd. 2) adds several synthetic drugs to the Schedule I controlled substances list.

ARTICLE 6:  HEALTH DEPARTMENT AND PUBLIC HEALTH

Section 1 (62J.497, subd.5) postpones by one year, the date in which drug prior authorization requests must be accessible and submitted by providers and accepted by group purchasers through electronic transmissions.

Section 2 (144.1212) requires a facility that conducts breast cancer screening or diagnosis through mammograms to provide a patient who has been categorized by the facility as having dense breasts a notice with the mammogram results.  Provides suggested notice language.

Section 3 (144.1225, subd. 2) exempts for diagnostic imaging facilities from the accreditation requirement dental clinics or offices that perform diagnostic imaging through dental cone beam computerized tomography.  This section also requires new facilities six months from the commencement of operations to become accredited.  Currently, they must be accredited before commencing operations.

Section 4 (144.412, subd. 2) prohibits the use of electronic cigarettes and inhaling and exhaling of vapor from any electronic delivery device in day care centers to the same extent that smoking if prohibited.

Section 5 (144.414, subd. 3) prohibits the use of electronic cigarettes and inhaling and exhaling of vapor from any electronic delivery device in health care facilities to the same extent that smoking is prohibited. 

Section 6 (144.414, subd. 5) prohibits the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device in the following locations:

  1. any building owned or operated by the state, home rule charter or statutory city, county, township, school district, or other political subdivision;
  2. any facility owned by MnSCU or the University of Minnesota;
  3. any facility licensed by the Commissioner of Human Services; or
  4. any facility licensed by the Commissioner of Health that is subject to federal licensing requirements.

Specifies that political subdivisions and businesses may adopt more stringent prohibitions on the use of electronic cigarettes or electronic delivery devices.

Section 7 (144.4165) prohibits inhaling or exhaling vapor from an electronic delivery device in a public school and possessing any tobacco product or electronic delivery device.

Section 8 (144.493, subd. 1) adds a hospital’s participation in the Minnesota Stroke Registry Program to the list of comprehensive stroke center criteria.

Section 9 (144.493, subd. 2) adds a hospital’s participation in the Minnesota Stroke Registry Program to the list of primary stroke center criteria.

Section 10 (144.494, subd. 2) requires hospitals to lose their stroke center designation if they no longer participate in the Minnesota Stroke Registry Program.

Section 11 (144.497) requires the Commissioner of Health to assess and report on the quality of care provided in the state for a statewide system for ST elevation myocardial infarction response and treatment.

Section 12 (144.6586) requires a hospital to provide written notice about victim rights and available resources to individuals seeking medical services, or reports to the hospital or has evidence of a sexual assault or other unwanted sexual contact or penetration.

Section 13 (144A.474, subd. 8) allows MDH to email correction orders.  This section is effective for current licensees as of December 31, 2013, upon renewal (on or after July 1, 2014) and effective August 1, 2014, for licensees as of January 1, 2014.

Section 14 (144A.474, subd. 12) requires a correction order reconsideration request by a home care provider be received by MDH within 15 days of receiving the correction order.  This section is effective for current licensees as of December 31, 2013, upon renewal (on or after July 1, 2014) and effective August 1, 2014, for licensees as of January 1, 2014.

Section 15 (144A.475, subd. 3) specifies that MDH may temporarily suspend a home care license for up to 90 days if a provider commits a Level 3 (harm to a client’s health or safety) or Level 4 (serious injury, impairment, or death) violation, and changes the contested case timeline from 90 days to 30 days, with an extension allowed by an administrative law judge (ALJ).  This section is effective for current licensees as of December 31, 2013, upon renewal (on or after July 1, 2014) and effective August 1, 2014, for licensees as of January 1, 2014.

Section 16 (144A.475, subd. 3a) adds a new subdivision requiring MDH to request an assignment of an ALJ, with a proposed date, time, and place, within 15 business days of receiving a licensee’s enforcement sanction appeal request; requires the hearing before an ALJ to occur within 90 days of the assignment request, with an extension allowed from the ALJ for up to an additional 90 days (or more if a criminal action is pending against the licensee); requires MDH to immediately temporarily suspend a license if Level 3 or 4 violations are identified while the licensee continues to operate pending the appeal.  This section is effective for appeals received on or after August 1, 2014.

Section 17 (144A.475, subd. 3b) adds a new subdivision creating a temporary suspension expedited hearing process, effective August 1, 2014.

Paragraph (a) requires MDH to request an assignment of an ALJ, with a proposed date, time, and place, within five business days of receiving a licensee’s temporary suspension appeal request; requires the hearing before an ALJ to occur within 30 days of the assignment request, with an extension allowed from an ALJ; requires MDH to issue the notice by certified mail or personal service at least ten business days before the hearing; and limits the scope of the ALJ hearing.

Paragraph (b) requires the ALJ to issue findings of fact, conclusions, and a recommendation within ten business days of the hearing, with the parties having ten calendar days after the issuance to submit exceptions to the ALJ’s findings, conclusions, or recommendation; requires MDH to issue a final order after the ten-day exceptions period ends within ten calendar days; and outlines MDH and the home care provider requirements if the appeal is withdrawn or dismissed.

Paragraph (c) prohibits a home care provider from operating during the suspension period, pending a final order after a contested case hearing, if an ALJ affirms the temporary suspension under paragraph (b) and the home care provider appeals the affirmation.

Section 18 (144A.4799, subd. 3) requires the Licensed Home Care Provider Advisory Council to advise the commissioner on allowable home care licensing modifications and exemptions.

Section 19 (144D.065) specifies the dementia care training requirements for housing with services establishment employees, effective January 1, 2016.

Paragraph (a) requires employees and arranged home care providers of housing with services establishments with special care units or programs for Alzheimer’s disease or other dementias, and advertise as such, to complete the following hours of dementia training:

  • Supervisors of direct-care staff must complete eight hours of training within 120 hours of hire, with two hours of training each year;
  • Direct-care staff must complete eight hours of training within 160 hours of hire, with two hours of training each year; until the training is completed, another employee with the training must be on site, and trainers or supervisors must be available;
  • Nondirect-care staff (maintenance, housekeeping, etc.) must complete four hours of training within 160 hours of hire, with two hours of training each year; and
  • New employees may forgo the initial training if they have completed the training within 18 months.

Paragraph (d) requires employees of housing with services establishments also providing assisted living services to complete the following amount of dementia care training:

  • Supervisors of direct-care staff must complete four hours of training within 120 hours of hire, with two hours of training each year;
  • Direct-care staff must complete four hours of training within 160 hours of hire, with two hours of training each year; until the training is completed, another employee with the training must be on site, and trainers or supervisors must be available;
  • Nondirect-care staff (maintenance, housekeeping, etc.) must complete four hours of training within 160 hours of hire, with two hours of training each year; and
  • New employees may forgo the initial training if they have completed the training within 18 months.

Section 20 (144D.10) specifies manager requirements.

Paragraph (a) requires housing with services establishment managers to receive 30 hours of relevant continuing education every two years; allows continuing education for professional licenses to count towards this requirement.

Paragraph (b) requires at least eight of the 30 continuing education hours in paragraph (a) to be dementia care training if the housing with services establishment has special care units or programs for Alzheimer’s disease or other dementias, and advertise as such; the dementia care training must be completed within 160 hours of hire, with two hours of training each year.

Paragraph (c) requires at least four of the 30 continuing education hours in paragraph (a) to be dementia care training if the housing with services establishment also provides assisted living services; the dementia care training must be completed within 160 hours of hire, with two hours of training each year.

Paragraph (d) requires a statement verifying compliance of the continuing education requirements to be included when submitting the housing with services establishment’s annual registration; and requires the documentation be maintained by the housing with services establishment for at least three years.

Paragraph (e) allows managers to satisfy the initial training requirement by providing documentation they have completed similar training in the last 18 months.

Paragraph (f) specifies that this section does not apply to an establishment registered under section 144D.025 serving the homeless.

Section 21 (144D.11) requires emergency planning.

Paragraph (a) requires each housing with services establishment to have a written emergency disaster plan, post the disaster plan, provide emergency exit diagrams to all tenants upon lease signing, post emergency exit diagrams on each floor, and have a written policy and procedure regarding missing tenants.

Paragraph (b) requires all employees of housing with services establishments to receive emergency and disaster training during the initial staff orientation, then once annually; requires emergency and disaster training for all tenants requesting it. Staff who have not had the training may only work when trained staff are onsite.

Paragraph (c) requires housing with services establishments to conduct and document fire/emergency drills every six months, coordinated to the extent possible with local fire departments or other community resources.

Section 22 (145.928, subd. 7a) requires the Commissioner of Health to award grants to minority- run health care professional associations to achieve listed goals.

Section 23 (149A.92, subd. 1) specifies that the requirements in section 149A.50 (license requirements that a funeral establishment must meet in order to operate, such as requiring the establishment to have a preparation and embalming room) only applies to establishments where human remains are present for the purpose of preparation and embalming, private viewings, visitations, services, and holding the remains awaiting final disposition.

Section 24 (325H.05) requires tanning facilities to post a sign stating that it is unlawful for a facility or operator to allow a person under the age of 18 to use any tanning equipment.

Section 25 (325H.085) prohibits a person under the age of 18 to use any type of tanning equipment available in a tanning facility in this state.

Section 26 (325H.09) specifies that a person who violates section 325H.085 is guilty of a misdemeanor and subject to a penalty of not less than $150 for the first violation and not more than $300 for each subsequent violation.

Section 27 (403.51) requires the registration of certain automatic external defibrillators (AED).

Subdivision 1 defines the following terms: automatic external defibrillator or AED; AED registry; public access AED; maintenance program or package; public safety agency; mobile AED; and private use AED.

Subdivision 2 requires a person who purchases or obtains an AED, unless intended for private use or use as a mobile device, must register the device with an AED registry within 30 working days or receiving the device.

Subdivision 3 requires the following information to be provided at registration: (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.

Subdivision 4 requires the owner of an AED to notify the owner's AED registry of any information changes within 30 working days of the date the change occurred.

Subdivision 5 specifies the following requirements for public access AEDs:  (1) may be inspected by a public safety agency during the hours that the AED intended to be available for public use; (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.

Subdivision 6 permits an authorized agent of a public safety agency to direct the owner of an AED to remove the AED from the premises and to remove public signs relating to the AED if it is determined that the AED is not ready for immediate use.

Subdivision 7 specifies that an owner of an AED intended for private use is not subject to the requirements of this section but is encouraged to maintain the AED in a consistent manner.

Subdivision 8 specifies that an 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.

Subdivision 9 specifies that a person acquiring an AED for public use is encouraged, but not required to post signs bearing the universal AED symbol.

Subdivision 10 requires the owner of an AED intended for public to develop an emergency response plan appropriate for the location of each AED and the nature of the facility the AED is intended to serve. 

Subdivision 11 provides that this section does not create any civil liability on the part of an AED owner or preclude civil liability under other law.

Section 28 (461.12) modifies municipal license requirements of tobacco, tobacco-related devices, and similar products.

Subdivision 1 authorizes a town board or governing body of a home rule charter, statutory city, county board and the state agricultural society to license and regulate the retail sales of electronic delivery devices and nicotine and lobelia delivery products.

Subdivision 2 applies the existing administrative penalties to a licensee or an employee of a licensee who sells electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 18.

Subdivision 3 applies the existing administrative penalties to individuals who sell electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 18.

Subdivision 4 requires a licensing authority to consult with interested educators, parents, children, and representatives or the court system to develop alternative penalties for minors who purchase or possess electronic delivery devices, or nicotine or lobelia delivery products.

Subdivision 5 requires the licensing authorities to conduct unannounced compliance checks at each location where tobacco- related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold.

Subdivision 6 extends the affirmative defense that the licensee or individual making a sale to someone under the age of 18 relied in good faith upon proof of age to the charge of selling electronic delivery devices, or nicotine or lobelia delivery products to someone under the age of 18.

Section 29 (461.18) modifies the ban of self-service sales.

Subdivision 1 prohibits a person from offering for sale electronic delivery devices or nicotine or lobelia delivery products in open displays which are accessible to the public without the intervention of a store employee unless the store receives at least 90 percent of their revenue from tobacco and tobacco-related devices and the retailer ensures that no person under the age of 18 is present or permitted to enter at any time.

Subdivision 2 prohibits a person from selling electronic delivery devices, or nicotine or lobelia delivery products from a vending machine, unless the vending machine is in a facility that cannot be entered at any time by a person under the age of 18.

Section 30 (461.19) permits a local ordinance to provide more restrictive regulation of sales of tobacco-related devices, electronic delivery devices, and nicotine and lobelia products.

Section 31 (461.20) paragraph (a) defines “child-resistant packaging.”

Paragraph (b) prohibits the sale of any liquid intended for human consumption and use in an electronic delivery device, if the liquid is not in child-resistant packaging.  Requires licensees to ensure compliance with this requirement.

Paragraph (c) subjects a licensee to administrative penalties for failure to comply with this section.

Paragraph (d) provides an exemption for prefilled, sealed cartridges that are not intended to be opened by the consumer.

Provides a January 1, 2015 effective date.

Section 32 (461.21) prohibits the sale of tobacco, tobacco-related devices, or electronic delivery devices, or nicotine or lobelia delivery products, from a moveable place of business.  Defines moveable place of business.  Specifies that this section is effective January 1, 2015, for contracts in effect May 1, 2014, and effective August 1, 2014, for contracts entered into after May 1, 2014.

Section 33 (609.685) amends the criminal code provision addressing the sale of tobacco to children.

Subdivision 1 includes in the definition of “tobacco-related devices” other devices intentionally designed or intended to be used in a manner that enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.  Also includes in the definition of ”electronic delivery devices” 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.

Subdivision 1a extends the applicable penalty to anyone who sells tobacco-related devices or electronic delivery devices to a person under the age of 18.

Subdivision 2 extends the applicable penalty for the first violation and subsequent violations to anyone who furnishes electronic delivery devices to a person who is under the age of 18, and to a person under the age of 18 who uses a driver’s license or any other type of false identification that misrepresents the person’s age to purchase or attempt to purchase electronic delivery devices.

Subdivision 3 extends the penalty for possession to include the possession of tobacco-related devices or electronic delivery devices.

Subdivision 5 specifics that the penalties do not apply to a person who is under the age of 18 who purchases electronic delivery devices while under the direct supervision of an adult for training, education, research, or enforcement purposes.

Section 34 (609.6855) amends the criminal code provision addressing the sale of nicotine delivery products to children to include electronic delivery devices.

Section 35 requires the Department of Health to 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: whether additional settings and providers should be required to have dementia care, manager, and emergency planning training, and the training's cost implications; available dementia education options; existing dementia training mandates under federal and state laws and rules; and the enforceability of these training requirements. A report on this evaluation and legislation recommendations is due to the Legislature by February 15, 2015.

Section 36 directs the Commissioner of Health to develop recommendations on ways to minimize triclosan health risks.

Section 37 repeals section 325H.06 (notice to consumer); and 325H.08 (consent required) 

ARTICLE 7:  LOCAL PUBLIC HEALTH

Section 1 (145A.02, subd. 1a) defines areas of public health responsibility.

Section 2 (145A.02, subd. 5) modifies the definition of a community health board to include a single county, multiple contiguous counties, or a single city in certain cases.

Section 3 (145A.02, subd. 6a) defines community health services administrator.

Section 4 (145A.02, subd. 8a) defines local health department

Section 5 (145A.02, subd. 8b) defines essential public health services.

Section 6 (145A.02, subd. 15) makes conforming changes to the definition for medical consultant.

Section 7 (145A.01, subd. 15a) defines performance measurement.

Section 8 (145A.02, subd. 15b) defines performance measures.

Section 9 (145A.03, subd. 1) modifies the assignment of responsibilities.  Requires a governing body of a county to undertake the responsibilities of a community health board by establishing or joining a community health board and assigning to it the specified powers and duties.  Requires a community health board to include within its jurisdiction a population of 30,000 or more persons, or be composed of three of more contiguous counties.  Permits a county board or joint powers board that establishes a community health board that also has or establishes an operational human services board may assign the powers and duties of a community health board to a human services board.  States that community health boards established before January 1, 2014, may maintain their status as community health boards.  States that a community health board may authorize the community health services administrator or other designated agent or agents to act on the behalf of the community health board.

Section 10 (145A.03, subd. 2) makes minor and conforming changes.

Section 11(145A.03, subd. 4) makes conforming changes.

Section 12 (145A.03, subd. 5) makes conforming changes.

Section 13 (145A.03, subd. 7) specifies that a community health board that meets the requirements of this section is eligible to receive the local public health grants and other funds that the commissioner grants to community health boards to carry out public health activities.

Section 14 (145A.04) makes changes to the duties of community health boards.

Subdivision 1 specifies that a community health board has the general responsibility for the development and maintenance of a system of community health services under the local administration and within a system of state guidelines and standards.  A community health board shall recommend the enforcement of laws, regulations, and ordinances pertaining to the powers and duties within the jurisdictional area.  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 date of the initial joint powers agreement.  The withdrawal of a county or city from a community health board does not affect the eligibility for the local public health grants of the remaining any county or city for one year after the effective date of the withdrawal.  The local public health grant for a county or city that withdraws will be reduced by the amount of the local partnership incentive.

Subdivision 1a establishes a community health board’s duties:  (1) identify local public health priorities and implement activities to address these priorities; (2) submit to the commissioner at least every five years a community health assessment and community health improvement plan; (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 measures.

Subdivision 2 specifies that a community health board must appoint, employ, or contract with a community health service (CHS) administrator.  The resolution authorizing the CHS administrator must specify the types of action or actions that the CHS administrator is authorized to take on behalf of the board.

Subdivision 2a requires a community health board to 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.

Subdivision 3 permits a community health board to employ persons as necessary to carry out its duties.  Specifies that persons employed by a county, or city of the state whose functions and duties are assumed by a community health board shall become employees of the board without loss of benefits, salaries, or rights.

Subdivisions 4 through 12 make minor and conforming changes.

Subdivision 13 authorizes the community health boards to 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 is more than local interest.

Subdivision 14 requires community health boards to ensure that community health services are accessible to all persons on the basis of need and that no person shall be denied services because of race, color, sex, age, language, religion, nationality, inability to pay, political persuasion, or place of residence.

Subdivision 15 establishes a state community health services advisory committee to advise and make recommendations to the commissioner on the development, maintenance, funding, and evaluation of local public health services.  States that this advisory committee does not expire.  Permits city boards that have established or are members of a community health board to appoint a community health advisory committee to advise, consult, and make recommendations to the community health board.

Section 15 (145A.05, subd. 2) specifies that a city council or municipality may adopt ordinances to issue licenses or otherwise regulate animal control.

Section 16 (145A.06, subd. 2) makes conforming changes.

Section 17 (145A.06, subd. 3a) requires the commissioner to help and advise community health boards that ask for assistance in developing, administering, and carrying out public health services and programs.

Section 18 (145A.06, subd. 3b) authorizes the commissioner to adopt rules establishing standards for administrative and program personnel to ensure competence in administration and planning.

Section 19 (145A.06, subd. 5) makes conforming changes.

Section 20 (145A.06, subd. 5a) requires the commissioner, in consultation with the state community health services advisory committee, to develop performance measures and implement a process to monitor statewide outcomes and performance improvement.

Section 21 (145A.06, subd. 6) makes conforming changes.

Section 22 (145A.06, subd. 7) makes conforming changes.

Section 23 makes conforming and minor changes.

Section 24 (145A.07) authorizes the commissioner to enter into an agreement with a community health board or county or city that has an established delegation agreement as of January 1, 2014, to perform part or all of the duties assigned to the commissioner under this chapter.

Section 25 (145A.08) makes conforming changes.

Section 26 (145A.11, subd. 2) makes conforming changes.

Section 27 (145A.131) modifies the local public health grants.

Subdivision 1 makes conforming changes.

Subdivision 2 makes conforming changes.

Subdivision 3,  paragraph (a), specifies that community health boards accepting local public health grants must meet all requirements and perform all duties described in sections 145A.03 and 145A.04.

Paragraph (b) requires the commissioner, by January 1 of each year, to notify community health boards of the performance-related accountability requirements of the local public health grant for that calendar year.  Requires the performance-related accountability requirements to be comprised of a subset of the annual performance measures and selected in consultation with the state community health services advisory committee.

Paragraph (c) requires the commissioner to notify the community health board if the commissioner determines that the community health board has not met the accountability requirements and must recommend specific actions the community health board must take over the next six months in order to maintain eligibility for the local public health grant.

Paragraph (d) requires the commissioner to provide administrative and program support to assist the community health board.

Paragraph (e) requires the commissioner to provide the community health board two months following the written notification to appeal the determination.

Paragraph (f) states that if the community health board fails to submit an appeal or has not taken the actions recommended by the commissioner that the commissioner may elect not to reimburse invoices for funds submitted after a six-month compliance period, and to reduce by 1/12 the board’s annual award allocation for every successive month of noncompliance.

Paragraph (g) authorizes the commissioner to retain the amount of funding that would have been allocated to the board and to assume responsibility for public health activities in the geographic area served by the board.

Subdivision 4 makes minor and conforming changes.

Subdivision 5 clarifies that the community health boards may use their local public health grant funds to address the areas of public health responsibility and local priorities developed through the community health assessment and community health improvement planning process.

Section 28 is a Revisor's instruction changing the terms board of health or local board of health to community health board.

Section 29 repeals sections 145A.02, subd. 2; 145A.03, subds. 3 and 6; 145A.09, subds. 1, 2, 3, 4, 5, and 7; 145A

ARTICLE 8:  CONTINUING CARE

Section 1 (245D.071, subd. 1) removes certain intensive support services from the requirements of this section.

Section 2 (245D.071, subd. 4)  deems the license holder’s submission of the assessment and coordinated service and support plan addendum to be approved and effective, under certain circumstances, until the legal representative or case manager submits a written request to revise the assessment or coordinated service and support plan addendum.

Section 3 (245D.09, subd. 4) clarifies timelines regarding staff orientation and modifies orientation requirements for direct support staff providing basic services and direct support staff providing intensive services.

Section 4 (245D.09, subd. 4a) limits certain training and competency requirements to community residential services.  Modifies the list of training and competency items that must be evaluated.  Removes language requiring staff to review and receive instruction on aversive procedures.  Makes technical and conforming changes.

Section 5 (245D.09, subd. 5) modifies annual training requirements license holders must meet.

Section 6 (256B.0659, subd. 11) removes obsolete language related to payment of services provided by certain relatives.  The language being removed was found to be unconstitutional by the court in 2013.  Makes this section effective the day following final enactment.

Section 7 (256B.0659, subd. 28) modifies the list of documentation a PCA provider agency must maintain to conform to the change in section 1.  Makes this section effective the day following final enactment.

Section 8 (256B.0922, subd. 1) adds adult day services to the list of services allowed under Essential Community Supports grants.

Section 9 (256B.4912, subd. 10) removes home and community-based waiver provider requirements to provide proof of surety bond coverage and fidelity bond coverage.  Lists certain provider-types that are required to provide proof of liability insurance.  Exempts providers of foster care services covered under section 245.814 from this requirement (section 245.814 requires liability insurance for these providers).  Makes this section effective the day following final enactment.

Section 10 (256B.492) modifies the list of allowable home and community-based settings for people with disabilities by adding community residential settings of up to five people.  Community residential setting is the new term for corporate adult foster care.

Section 11 (256B.493, subd. 1) adds community residential settings to the list of settings for which the commissioner must solicit proposals for the conversion of services provided for persons with disabilities to other types of community settings.

Section 12 (256D.01, subd. 1e) prohibits GA payments from being made for community residential settings licensed under chapter 245D.

Section 13 (256D.44, subd. 5) strikes the provision that restricts the number of units in a multifamily building that can be occupied by Minnesota supplemental aid recipients who are eligible for shelter needy assistance.

Section 14 (256G.02, subd. 6) adds community residential settings to the list of settings included in the definition of “excluded time.”

Section 15 (256I.03, subd. 3) includes community residential settings in the definition of group residential housing.

Section 16 (256I.04, subd. 2a) adds residences licensed by the commissioner of human services under chapter 245D to the list of establishments with which counties may enter into agreements to provide GRH.

Section 17 (626.557, subdivision 9) modifies the vulnerable adult act by requiring each county to designate a common entry point (CEP) for reports of suspected maltreatment until the commissioner establishes a CEP.  Two or more county boards may jointly designate a CEP.  Requires the commissioner to establish the CEP effective July 1, 2015.

Section 18 (Laws 2011, First Special Session ch. 9, art. 7, § 7) removes an age threshold in an effective date for MA-EPD to conform to program eligibility criteria.

Section 19 (Laws 2013, ch. 108, art. 7, § 60) modifies the home and community-based services provider rate and grant increase effective April 1, 2014, to allow the essential community supports program to receive the one percent increase.   Makes this section effective April 1, 2014.

Section 20 requires the Commissioners of Education, Employment and Economic Development, Health, and Human Services to implement the autism spectrum disorder statewide strategic plan developed by the Autism Spectrum Disorder Task Force.  Requires the commissioners to work with stakeholders, prepare progress reports, and provide two opportunities per year for interested parties to provide input on implementation.  Makes this section effective the day following final enactment.

ARTICLE 9:  HEALTH CARE

Section 1 (256B.0625, subd. 9) clarifies that the commissioner and managed care and county-based purchasing plans may not require prior authorization for the following adult dental services: housecalls or extended care facility calls for onsite delivery of services; behavioral management to accommodate behavioral challenges; and oral or IV sedation if the service cannot be performed safely without it.

Section 2 (256B.0654, subd. 1) modifies the definitions of the following private duty nursing terms renamed "home care": complex home care nursing, home care nursing, regular home care nursing.

Section 3 (256B.69, subd. 35) paragraph (a), for calendar year 2015, allows the commissioner to extend demonstration provider contracts for a sixth year after the most recent procurement.

Paragraph (b), for calendar year 2016 contracts, directs the commissioner to procure demonstration providers, and participating entities under MinnesotaCare, through a statewide procurement.  Requires the commissioner to publish a request for proposals by January 5, 2015.  Specifies criteria for procurement.

Section 4 requires the Commissioner of Human Services to incorporate strategies and activities to address chronic medical or behavioral health conditions that are complicated by socioeconomic factors, in the department’s planning and design of its state Medicaid plan option for health homes under the Affordable Care Act.

Seciton 5 is a revisor's instruction to change the term "private duty nursing" and "private duty nurse" to "home care nursing" and "home care nurse."

ARTICLE 10:  MISCELLANEOUS

Section 1 (145.7131) permits an optometrist or physician in an emergency situation to authorize a new pair of eyeglasses using a prescription from the old lenses or the last prescription available.

Section 2 (256B.04, subdivision 21) specifies that only durable medical equipment, prosthetics, orthotics, and supplies providers that meet the new definition of “durable medical equipment providers and suppliers” are subject to surety bond requirements, and changes the term “performance bond” to “surety bond.”

Section 3, (256B.0659, subd. 21) changes the term “performance bond” to “surety bond.”

Section 4 (256B.5016, subd. 1) strikes a reference to a rule that is being repealed.

Section 5 (256B.69, subd. 16) strikes a reference to a rule that is being repealed.

Section 6 (256B.85, subd. 12) changes the term “performance bond” to “surety bond.”

Section 7 (393.01, subd. 2) removes language requiring the Commissioner of Human Services to appoint local social service agency members, instead requiring boards of county commissioners to make the appointments.

Section 8 (393.01, subd. 7) removes language requiring the Commissioner of Human Services to appoint local social service agency members when multiple counties have agreed to combine social service functions, instead requiring each board of county commissioners entering into the agreement to appoint one noncounty commissioner member.

Section 9 (Laws 2011, First Special Session chapter 9, article 9, section 17) eliminates an annual streamlining eligibility and enrollment process report to the Legislature by the Department of Human Services (DHS) and  a county representative appointed by the Association of Minnesota Counties.

Section 10 requires the Commissioner of Human Services to consult with stakeholders to determine whether the Minnesota MA program operates in accord with the 8th Cir. opinion (Geston v. Anderson, 729 F3d 1077).  Instructs the commissioner to provide a written report and proposed legislation to comply with Geston to the legislature by January 5, 2015.

Section 11 requires the Commissioner of Human Services to remove from rules redundant language regarding coverage of transition lenses (another rule specifies that transition lenses are not covered under Medical Assistance).

Section 12 requires the Commissioner of Human Services to seek a Medicaid state plan amendment for the family planning services covered under section 256B.78.

Section 13 instructs the Office of the Revisor of Statutes to remove cross-references to repealed sections and rules.

Section 14, paragraph (a) repeals Minnesota Statutes, section 256.01, subd. 32, (review and evaluation of ongoing studies; commonly known as the “report on reports”).

Paragraph (b) repeals Minnesota Rules, parts 9500.1126 (recapture of depreciation); part 9500.1450, subpart 3 (geographic areas for PMAP); 9500.1452, subpart 3 (exclusion during phase-in); 9500.1456 (identification of enrollees); and 9525.1580 (training and habilitation services under the repealed Chapter 245B).

Paragraph (c) repeals Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and 9505.5325 (related to outdated family planning services requirements).

                            ARTICLE 11:  CHILDREN AND  FAMILY SERVICES  POLICY                                          

Section 1 (13.46, subd. 2)  Modifies the Data Practices Act to allow child welfare agencies access to child support data on the child, the parents, and relatives of the child. Current law allows sharing of information about the child and parents only.

Section 2 (119B.02, subd. 2) modifies contractual agreements with tribes related to the payment of child care assistance services.

Section 3 (119B.09, subd. 6) clarifies the maximum amount of child care assistance a local agency may pay for in a two-week period is 120 hours per child.

Section 4 (119B.09, subd. 13) modifies the circumstances under which child care may be authorized in the child’s home under the child care assistance programs.  Makes this section effective the day following final enactment.

Section 5 (256D.05,  subd. 9)  allows county agencies to accept a signed personal statement from an applicant in lieu of documentation verifying ineligibility if the county agency determines that an applicant is ineligible due to not meeting GA eligibility requirements.

Section 6 (256D.405, subd. 1) allows county agencies to accept a signed personal statement from an applicant in lieu of documentation verifying ineligibility if the county agency determines that an applicant is ineligible due to not meeting MSA eligibility requirements.

Section 7 (256E.30, subd. 5) specifies the base funding amount when community action agencies merge.

Section 8 (256I.04, subd. 1a) allows county agencies to accept a signed personal statement from an applicant in lieu of documentation verifying ineligibility if the county agency determines that an applicant is ineligible due to not meeting GRH eligibility requirements.

Section 9 (256J.09, subd. 3) modifies county agency duties at the time MFIP application forms are offered.  Allows interviews to be conducted face-to-face in the county office, through Internet telepresence, telephone interview, or at a location mutually agreed upon.

Section  10 (256J.20, subd. 3) modifies MFIP vehicle asset limits by changing the maximum value from a loan value to a trade-in value of less than or equal to $10,000.

Section 11 (256J.21, subd. 2) modifies the list of excluded income items when determining a family’s income eligibility for MFIP by modifying the exclusion of payments for family foster care and adoption or kinship payments to update cross-references.  Makes this section effective January 1, 2015.

Section 12 (256J.24, subd. 3) modifies the list of individuals who are ineligible to receive MFIP by updating the cross-reference to adoption assistance payments and including children receiving ongoing guardianship assistance payments on the list of ineligible individuals.  Makes this section effective January 1, 2015.

Section 13 (256J.30, subd. 4) requires county agencies to end benefits when a participant fails to submit the recertification form and verifications and complete the interview process before the end of the certification period.  Allows benefits to be reinstated back to the date of closing when the recertification process is completed during the first month after benefits ended if the participant submits the recertification form by the last day of the recertification period.

Section 14 (256J.30, subd. 12)  corrects a cross-reference.

Section 15 (256J.32, subd. 6) allows recertification interviews to be conducted by phone, Internet telepresence, or face-to-face in the county office or in another location mutually agreed upon.  Removes language limiting phone interviews to employed participants.

Section 16 (256J.32, subd. 8)  allows county agencies to accept a signed personal statement from an applicant in lieu of documentation verifying ineligibility if the county agency determines that an applicant is ineligible due to exceeding MFIP income and asset limits. 

Section 17 (256J.38, subd. 6) limits corrective payments to 12 months prior to the month of discovery.

Section 18 (256J.49, subd. 13) makes technical changes, removes volunteer work from the list of approved work activities, and modifies terminology by replacing “unpaid” with “uncompensated.”

Section 19 (256J.521, subd. 1) eliminates a requirement that the commissioner works with county agencies to develop protocols for referrals and follow-up actions after certain screens are administered to participants.  Modifies requirements related to screening for chemical and mental health and special learning needs by broadening who must be screened and changing the timeframe of the screening.

Section 20 (256J.521, subd. 2) lengthens the amount of time participants have to job search from six-weeks to three months.  Makes technical changes.

Section 21 (256J.53, subd. 2) makes a technical change related to providing documentation for approval of a postsecondary education or training plan.

Section 22 (256J.53, subd. 5) makes conforming changes related to the length of time allowed for job searches.

Section 23 (256J.621) modifies work participation cash benefits by requiring the county to assess eligibility for the work participation cash benefit within 30 days of a participant exiting the MFIP program.  Specifies when payment of the cash benefit begins.

 Section 24 (256J.626, subd. 5) broadens the allowable uses of funds set aside for innovation projects to include rewarding high performing counties and tribes and supporting promising practices.

Section  25 (256J.626, subd. 6)  adjusts MFIP consolidated fund allocations to affected counties and the White Earth Band of Ojibwe due to the transfer of responsibility to provide human services programs for tribal members to the tribe.

Section 26 (256J.626, subd. 8) removes obsolete language and makes technical changes.

Section  27 (256J.67)  modifies terminology by replacing “work experience” with “community work experience” and replacing “volunteer” with “uncompensated.”

Section  28 (256J.68, subd. 1)  clarifies the programs covered under injury protection for work experience participants, adds cross-references, modifies terminology, and makes technical and conforming changes.  Specifies uncompensated work experience programs are considered to be approved by the commissioner if they are included in an approved tribal or county biennial service agreement.

Section  29 (256J.68, subd. 2) makes technical and conforming changes.

Section  30 (256J.68, subd. 4) makes technical and conforming changes.

Section  31 (256J.68, subd. 7) makes technical and conforming changes and adds a cross-reference.

Section  32 (256J.68, subd. 8) makes technical and conforming changes.

Section  33 (256J.751, subd. 2)  prohibits the commissioner from applying federal limits on vocational educational training and education activities when determining TANF work participation rates for individual counties.

Section  34 (256K.26, subd. 4)  makes tribes eligible for funding under the long-term homeless supportive services fund.

Section  35 (260D.12)  allows children in voluntary foster care for treatment to return to the care of a parent on a trial home visit under certain circumstances in order to provide planning and supports to meet the child’s needs following treatment so that the child can return to the parent’s home.  Specifies (1) the social services agency has placement and care responsibility for the child during the trial home visit, and (2) the trial home visit must not exceed six months and may be terminated by either the parent or the agency within ten days’ written notice. Makes this section effective the day following final enactment.

Section  36 (626.556, subd. 7)  requires the local welfare agency assessing reports of maltreatment to accept the report, even if the reporter does not provide a name, provided the report is sufficient in content. Also requires that the agency inform the reporter within ten days whether the report was accepted, if requested by the reporter.

Section  37 (626.556, subd. 11c)  clarifies that certain maltreatment records be maintained for a period of four years after the date of the final entry in the case record.

Section  38 (626.5561, subd. 1)  requires local welfare agencies to accept reports of prenatal exposure to controlled substances made by reporters notwithstanding the refusal of the reporter to provide the reporter’s name and address, as long as the report is otherwise sufficient.

 
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