Senate Counsel, Research
and Fiscal Analysis
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Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 2087 - Omnibus Health and Human Services Policy (First Engrossment)
 
Author: Senator Kathy Sheran
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Joan White, Senate Counsel (651/296-3814)
 
Date: May 6, 2014



 

ARTICLE 1

HEALTH DEPARTMENT

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 (103I.206) permits a licensed plumber to repair submersible pumps and water pipes associated with well water systems if the location of the repairs is in an area where there is no licensed or registered well contractor within 25 miles.

Section 3 (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.  Specifies that the notice must include.

Section 4 (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 5 (144.493, subd. 1) adds a hospital’s participation in the Minnesota Stroke Registry Program to the list of comprehensive stroke center criteria.

Section 6 (144.493, subd. 2) adds a hospital’s participation in the Minnesota Stroke Registry Program to the list of primary stroke center criteria.

Section 7 (144.494, subd. 2) requires hospitals to lose their stroke center designation if they no longer participate in the Minnesota Stroke Registry Program.

Section 8 (144.497) Paragraph (a) 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 9 (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 10 (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 11 (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 12 (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 13 (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 14 [144D.065 Training in Dementia Care Required] 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
  • 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.
  • New employees may forgo the initial training if they have completed the training within 18 months.

Section 15 [144D.10 Manager Requirements] adds a new section “MANAGER REQUIREMENTS,” effective January 1, 2016.

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.

Section 16 [144D.11 Emergency Planning] adds a new section “EMERGENCY PLANNING,” effective January 1, 2016.

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 within 30 days of hire, then once annually; requires emergency and disaster training for all tenants requesting it.

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 17 (149A.92, subd. 11) 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 18 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.

 

ARTICLE 2

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.

Sections 23 and 24 (145A.07) makes conforming and minor changes.

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.10 subds. 1, 2, 3, 4, 5, 5a, 7, 9, and 10; and 145A.12, subds. 1, 2, and 7.

ARTICLE 3

HEALTH CARE

Section 1 (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 2 (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 3 (256B.0751, subd. 10) requires the Commissioners of Health and Human Services to establish a health care homes advisory committee.

Section 4 (256B.69, subd. 16) strikes a reference to a rule that is being repealed.

Section 5 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 6 requires the Commissioner of Human Services to seek a Medicaid state plan amendment for the family planning services covered under section 256B.78.

Section 7 instructs the Office of the Revisor of Statutes to remove cross-references to repealed sections and rules.

Section 8, paragraph (a) 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);

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

 ARTICLE 4

CONTINUING CARE

Section 1 (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 2 (256B.0659, subd. 11) removes a provision providing a 20 percent rate reduction for personal care assistants (PCAs) providing services to relatives.  This provision was effective July 1, 2013, but was never implemented due to a successful court challenge.  This section is effective the day following final enactment.

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

Section 4 (256B.0659, subd. 28) removes an unnecessary reference to relative PCAs.

Section 5 (256B.0922, subd. 1) adds adult day services to the list of services allowed under Essential Community Supports grants.

Section 6 (256B.4912, subd. 10) removes surety and fidelity bond requirements for home and community-based service (HCBS) providers, and clarifies the types of HCBS providers required to submit proof of liability insurance to the Department of Human Services (DHS).

Section 7 (256B.492) adds a community residential setting (of up to five people) to the list of settings where home and community-based waiver services recipients may receive such services.

Section 8 (256B.493, subd. 1) modifies a provision requiring DHS to solicit proposals to move people with disabilities living in adult foster care homes to other types of community settings by including people living in community residential settings licensed under Minnesota Statutes, chapter 245D.

Section 9 (256B.5016, subd. 1) removes a cross-reference removed in the repealer section.

Section 10 (256B.85, subd. 12) changes the term “performance bond” to “surety bond.”

Section 11 (256D.01, subd. 1e) modifies the general assistance statute by adding a reference to community residential settings licensed under chapter 245D.

Section 12 (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 13 (256G.02, subd. 6) amends the Unitary Residence and Financial Responsibility chapter of law.  This section adds a reference to community residential settings licensed under chapter 245D to the definition of “excluded time.”  Time spent in an “excluded time” facility does not establish residency for purposes of determining the county of financial responsibility.

Sections 14 (256I.03, subd. 3) and 15 (256I.04, subdivision 2a) amend the group residential housing (GRH) chapter of law.  Section 14 modifies the definition of “group residential housing” to include community residential settings, and section 15 allows the commissioner to enter into a GRH agreement with residences licensed under chapter 245D.

Section 16 (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. New language requires the commissioner to establish the CEP by July 1, 2015.

Section 17 (Laws 2011, First Special Session chapter 9, article 7, section 7) modifies the age-related effective date for changes made in 2011 to the Medical Assistance for Employed Persons with Disabilities (MA-EPD) program, as MA-EPD age restrictions were eliminated during the 2012 Legislative Session.

Section 18 (Laws 2013, chapter 108, article 7, section 60) applies the one percent rate increase for home and community-based services providers and grants enacted during the 2013 Legislative Session and effective April 1, 2014, to Essential Community Support grants.

Section 19 instructs the Office of the Revisor of Statutes to change the term "private duty nursing" to "home care nursing."

Section 20 repeals Minnesota Rules, part 9525.1580 (training and habilitation services under the repealed Chapter 245B).

 ARTICLE 5

CHILDREN AND FAMILIES

Section 1 (245A.02, subdivision 19) amends the definitions of  "preschooler" and "school age," for purposes of child care licensing, in the Department of Human Services (DHS) Licensing Act.  Preschooler means a child who is at least 24 months old up to school age, and school age means a child who is at least five years old, but younger than 11 years of age.

Sections 2 (245A.1435) and 3 (245A.50, subd. 5) modify the provisions in law related to sudden unexpected infant death in licensed programs.  Section 2 prohibits the commissioner from issuing a correction order, unless there is evidence that a violation of the requirements in this paragraph occurred when an infant was present in the license holder's home.  Section 3 clarifies training requirements for sudden unexpected infant death reduction training and abusive head trauma training for child care license holders and staff.

Section 4 (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 5 (260C.215, subdivision 4) requires that the written home study address the capacity of the prospective foster parent to provide a safe, healthy, smoke-free home environment.

Section 6 (260C.215, subdivision 6) modifies the duties of the child placing agencies by ensuring that the children in foster care are protected from the effects of secondhand smoke, and that the foster homes maintain a smoke-free environment.

Section 7 (260C.215, subdivision 9) paragraph (a), amends the welfare of children section of law by adding a subdivision providing that a child in foster care must not be exposed to secondhand smoke in a licensed home or an enclosed space connected to the home and a motor vehicle in which the foster child is transported.

  • Paragraph (b) allows smoking in outdoor areas on the premises of the home, except when a foster child is present and exposed to secondhand smoke. 
  • Paragraph (c) requires that the home study include a plan to maintain a smoke-free environment.
  • Paragraph (d) requires the child-placing agency to request the foster parents to comply with this provision, and if noncompliance is an issue, reassess the placement if the foster parent is unable to provide a smoke-free environment.
  • Paragraph (e) states that nothing delays the placement of a child with a relative, unless the relative is unable to provide for the immediate needs of the child.
  • Paragraph (f) provides that nothing shall be interpreted to interfere with traditional or spiritual Native American or religious ceremonies involving tobacco.

Section 8 (626.556, subd. 7a) modify the Maltreatment of Minors Act.  This section requires child protection workers to follow the guidance provided by the Department of Human Services in the child maltreatment screening guidelines when screening referrals and immediately implement updated procedures and protocols when notified by the Commissioner of Human Services.  This section is effective the day following final enactment.

Section 9 (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.  This seciton is effective the day following final enactment.

 

 ARTICLE 6

HEALTH-RELATED LICENSING BOARDS

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

Section 9 (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 10 (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 11 (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 12 (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 13 (148.7802, subd. 9) modifies the definition of credentialing examination by referring to the Board of Certification or its successor.

Section 14 (148.7803, subd. 1) clarifies that a student attending an athletic training program must be identified as an "athletic training student."

Section 15 (148.7805, subd. 1) removes obsolete language regarding the initial appointees to the advisory council.

Section 16 (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 17 (148.7808, subd. 4) changes the time period of a temporary registration from one year to 120 days.

Section 18 (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 19 (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 20 (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 21 (148.995, subd. 2) adds another agency to the list of agencies that are able to certify doulas for purposes of registration.

Section 22 (148.996, subd. 2) corrects a statutory citation.

Section 23 (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 24 (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 25 (151.01, subd. 27) permits pharmacists to administer vaccines other than the influenza vaccine to patients 18 years of age or older by written protocol with a physician, physician assistant, or an advanced practice registered nurse authorized to prescribe drugs.  The pharmacist must have completed an approved program on the administration of immunizations; must report the administration of the immunization to the patient’s primary physician or clinic or to the Minnesota immunization Information Connection; and must comply with the guidelines for vaccines and immunizations established by the federal advisory committee on immunization practices, unless the vaccine is administered pursuant to a valid prescription order issued by a physician, physician assistant, or an advanced practice registered nurse.

Section 26 (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 27 (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 28 (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 29 (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 30 (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 31 (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 patient is regulated by the licensing board; 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 32, 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 7

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) modifies the requirements under chapter 245D by striking the requirements under this section of law, and referencing the requirements under section 1.

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 (254B.01, subd. 8) defines the term “culturally specific program” as a program that is recovery-focused that improves service quality to and outcomes of a specific population, and ensures quality care services that are responsive to the values, beliefs, and preferred language of the specific population to which the individual seeking treatment is associated.  A tribally licensed program satisfies this definition.

Section 5 (254B.05, subd. 5) incorporates the definition of culturally specific program into an existing clause to clarify that the commissioner may establish higher chemical dependency rates for these programs.  

Section 6 allows the Commissioner of Human Services to establish a pilot program to respond to issues raised in the Office of the Legislative Auditor report on state-operated services.  The pilot may include no more than three counties, and the commissioner shall provide a status update to the chairs and ranking minority members no later than January 15, 2015.

ARTICLE 8

MISCELLANEOUS 

Section 1 (144.413, subd. 4) modifies the definition of “smoking” for purposes of the Clean Indoor Air Act to include inhaling or exhaling vapor from any heated cigar, cigarette, or pipe, or any other heated tobacco or plant product or electronic delivery device.  The definition is also modified to include holding a heated cigar, cigarette, pipe or electronic delivery device intended for inhalation.

Section 2 (144.4165) prohibits inhaling or exhaling vapor from an electronic delivery device in a public school.

Section 3 (145.7131) authorizes an optician, optometrist, physician, or eyeglass retailer to make a new pair of eyeglasses using a prescription from the old lenses or the last prescription available in an emergency.  This section also permits a person to elect to use an eyeglass prescription from an expired prescription if the person has been advised by the health care professional on the risks involved with using an expired prescription.

Section 4 (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 5 (254A.035, subd. 2) states that the American Indian Advisory Council does not expire.

Section 6 (254A.04) states that the Alcohol and Other Drug Abuse Advisory Council does not expire. 

Section 7 (256B.093, subd. 1) states that the advisory committee to the Commissioner of Human Services on traumatic brain injury issues does not expire.

Section 8 (260.835, subd. 2) states that the American Indian Child Welfare Advisory Council does not expire.

Section 9 (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 10 (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 11 (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 12 (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 13 (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 14 (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 or criminal liability on the part of an AED owner or preclude civil liability under other law.

Section 15 (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 16 (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 17 (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 18 (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 19 (609.6855) amends the criminal code provision addressing the sale of nicotine delivery products to children to include electronic delivery devices.

Section 20 (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 21, Repealer, paragraph (a) repeals 256.01, subdivision 32 (review and evaluation of ongoing studies).

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

 

 

 

 

 
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