.................... moves to amend the first committee engrossment to H. F. No. 297
Page 379, after line 15, insert:
1.5HUMAN SERVICES APPROPRIATIONS
1.7 The amounts shown in this section summarize direct appropriations, by fund, made
1.8in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
1.14 The sums shown in the columns marked "Appropriations" are appropriated to the
1.15agencies and for the purposes specified in this article. The appropriations are from the
1.16general fund, or another named fund, and are available for the fiscal years indicated
1.17for each purpose. The figures "2008" and "2009" used in this article mean that the
1.18appropriations listed under them are available for the fiscal year ending June 30, 2008, or
1.19June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
1.20year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
1.21year ending June 30, 2007, are effective the day following final enactment.
|Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 3. HUMAN SERVICES
|Subdivision 1.Total Appropriation
2.5Of this amount, $750,000 the first year
2.6and $750,000 the second year are onetime
2.7appropriations from the state's federal TANF
2.8block grant under Title I of Public Law
2.9104-193. If the appropriation in either year
2.10is insufficient, the appropriation for the other
2.11year is available.
|Appropriations by Fund
2.14Homeless and Runaway Youth. $3,500,000
2.15in the first year and $3,500,000 in the second
2.16year are for the Runaway and Homeless
2.17Youth Act under Minnesota Statutes, section
2.18256K.45. Funds shall be spent in each area
2.19of the continuum of care to ensure that
2.20programs are meeting the greatest need. The
2.21base is decreased by $2,000,000 each year in
2.22fiscal year 2010 and fiscal year 2011.
2.23Transitional Housing and Emergency
2.25(1) $750,000 each year from the federal
2.26TANF fund is for transitional housing
2.27programs under Minnesota Statutes, section
2.28256E.33. The TANF appropriations
2.29are onetime. The general fund base for
2.30transitional housing is increased by $422,000
2.31each year for the fiscal 2010-2011 biennium.
2.32Up to ten percent of this appropriation may
2.33be used for housing and services which
2.34extend beyond 24 months. $300,000 in each
2.35year of this amount is for grants for safe
3.1housing pilot projects for battered women
3.2and families in Anoka County, Houston
3.3County, and Beltrami County; and
3.4(2) $527,000 each year is added to the
3.5base for emergency services grants under
3.6Laws 1997, chapter 162, article 3, section
3.77. The base for emergency services grants
3.8is decreased each year by $300,000 in fiscal
3.9year 2010 and fiscal year 2011.
3.10Foodshelf Programs. $575,000 each year
3.11is added to the base for foodshelf programs
3.12under Minnesota Statutes, section 256E.34.
3.13The base is decreased by $250,000 each year
3.14in fiscal year 2010 and fiscal year 2011.
3.15Long-term Homeless Services. $2,440,000
3.16each year is added to the base for the
3.17long-term homeless services under
3.18Minnesota Statutes, section 256K.26. The
3.19base is decreased by $1,000,000 each year in
3.20fiscal year 2010 and fiscal year 2011.
3.21Minnesota Community Action Grants.
3.22$1,500,000 each year is added to the base for
3.23the purposes of Minnesota community action
3.24grants under Minnesota Statutes, sections
3.25256E.30 to 256E.32. The base is reduced by
3.26$500,000 each year in fiscal year 2010 and
3.27fiscal year 2011.
3.28Tenant Hotline Services Program. $50,000
3.29each year is added to the base for a grant to
3.30HOME Line for the tenant hotline services
3.31program. This is a onetime appropriation.
|Subd. 2.Other Children and Economic
|Subd. 3.Children and Economic Assistance
Sec. 4. Minnesota Statutes 2006, section 256K.45, is amended by adding a subdivision
4.1 Subd. 6. Funding. Any funds appropriated for this section may be expended
4.2on programs described under subdivisions 3 to 5, technical assistance, and capacity
4.3building. In addition, up to five percent of funds appropriated may be used for program
4.4administration and up to eight percent of funds appropriated may be used for the purpose
4.5of monitoring and evaluating runaway and homeless youth programs receiving funding
4.6under this section. Funding shall be directed to meet the greatest need, with a significant
4.7share of the funding focused on homeless youth providers in greater Minnesota.
Sec. 5. DIRECTION TO COMMISSIONER.
4.9 (a) The commissioner of human services shall offer a request for proposals to
4.10identify a research and evaluation firm with experience working with:
4.11 (1) homeless youth providers;
4.12 (2) data; and
4.13 (3) the topics of housing, homelessness, and a continuum of care for youth.
4.14 (b) The research and evaluation firm identified under paragraph (a) shall monitor and
4.15evaluate the programs receiving funding under Minnesota Statutes, section 256K.45.
4.17DEPARTMENT OF HEALTH APPROPRIATIONS
4.19 The amounts shown in this section summarize direct appropriations, by fund, made
4.20in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
|State Government Special
|Health Care Access
Sec. 2. DEPARTMENT OF HEALTH APPROPRIATIONS.
4.30 The sums shown in the columns marked "Appropriations" are appropriated to the
4.31agencies and for the purposes specified in this article. The appropriations are from the
4.32general fund, or another named fund, and are available for the fiscal years indicated
4.33for each purpose. The figures "2008" and "2009" used in this article mean that the
4.34appropriations listed under them are available for the fiscal year ending June 30, 2008, or
4.35June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
5.1year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
5.2year ending June 30, 2007, are effective the day following final enactment.
||Available for the Year
||Ending June 30
|Sec. 3. COMMISSIONER OF HEALTH
|Subdivision 1.Total Appropriation
|Appropriations by Fund
|Health Care Access
|Subd. 2.Community and Family Health
5.25TANF Appropriations. (a) $3,579,000 of
5.26the TANF funds is appropriated in each year
5.27of the biennium to the commissioner for
5.28home visiting and nutritional services listed
5.29under Minnesota Statutes, section 145.882,
5.30subdivision 7, clauses (6) and (7). Funding
5.31shall be distributed to community health
5.32boards based on Minnesota Statutes, section
5.33145A.131, subdivision 1.
5.34(b) $5,088,000 in the first year and $5,423,000
5.35in the second year are appropriated to the
5.36commissioner of health for the family home
5.37visiting grant program. The commissioner
6.1shall distribute funds to community health
6.2boards using a formula developed in
6.3conjunction with the state Community
6.4Health Services Advisory Committee. The
6.5commissioner may use five percent of the
6.6funds appropriated in each fiscal year to
6.7conduct the ongoing evaluations required
6.8under Minnesota Statutes, section 145A.17,
6.9subdivision 7, and may use ten percent of
6.10the funds appropriated each fiscal year to
6.11provide training and technical assistance as
6.12required under Minnesota Statutes, section
6.13145A.17, subdivisions 4 and 5.
6.14TANF Carryforward. Any unexpended
6.15balance of the TANF appropriation in the
6.16first year of the biennium does not cancel but
6.17is available for the second year.
6.18Loan Forgiveness. $605,000 the first year
6.19and $775,000 the second year and thereafter
6.20are for the loan forgiveness program under
6.21Minnesota Statutes, section 144.1501. This
6.22funding is in addition to the loan forgiveness
6.24MN ENABL. Base level funding for the MN
6.25ENABL program, under Minnesota Statutes,
6.26section 145.9255, is reduced by $220,000
6.27each year of the biennium beginning July 1,
6.29Fetal Alcohol Spectrum Disorder. (a)
6.30$900,000 each year is added to the base for
6.31fetal alcohol spectrum disorder. On July 1
6.32each fiscal year, the portion of the general
6.33fund appropriation to the commissioner of
6.34health for fetal alcohol spectrum disorder
6.35administration and grants shall be transferred
7.1to a statewide organization that focuses
7.2solely on prevention of and intervention with
7.3fetal alcohol spectrum disorder as follows:
7.4(1) on July 1, 2007, $2,090,000; and
7.5(2) on July 2, 2008, and annually thereafter,
7.7(b) The money shall be used for prevention
7.8and intervention services and programs,
7.9including, but not limited to, community
7.10grants, professional education, public
7.11awareness, and diagnosis. The organization
7.12may retain $60,000 of the transferred money
7.13for administrative costs. The organization
7.14shall report to the commissioner annually
7.15by January 15 on the services and programs
7.16funded by the appropriation.
7.17Deaf or Hearing Loss Support. $100,000
7.18for the first year and $100,000 for the second
7.19year is for the purpose of providing family
7.20support and assistance to families with
7.21children who are deaf or have a hearing
7.22loss. The family support provided must
7.23include direct parent-to-parent assistance and
7.24information on communication, educational,
7.25and medical options. The commissioner
7.26may contract with a nonprofit organization
7.27that has the ability to provide these services
7.28throughout the state.
7.29Heart Disease and Stroke Prevention.
7.30$200,000 is appropriated in the first year for
7.31the heart disease and stroke prevention unit
7.32of the Department of Health to fund data
7.33collection and other activities to improve
7.34cardiovascular health and reduce the burden
8.1of heart disease and stroke in Minnesota.
8.2This is a onetime appropriation.
8.3Family Planning Grants. $1,000,000 each
8.4year is for family planning grants under
8.5Minnesota Statutes, section 145.925.
8.6Bright Smiles Pilot Project. (a) $384,000
8.7in the first year and $50,000 in the second
8.8year is to fund a grant for the Bright Smiles
8.10(b) Of these amounts, $50,000 each year is to
8.11fund a dental health coordinator position.
8.12(c) The commissioner of health shall
8.13establish a pilot project to fund a Bright
8.14Smiles program designed to increase access
8.15to oral health care for low-income and
8.16immigrant children, ages birth to five
8.17years, and their families and to build the
8.18knowledge and ability of parents to care
8.19for the oral health of their children. Under
8.20this pilot project, a Bright Smiles program
8.21shall serve the medically underserved areas
8.22in Minneapolis and the Bemidji area, as
8.23determined by the commissioner of health.
8.24(d) A grant shall be used to fund costs related
8.25to improving oral health outreach, education,
8.26screening, and access to care for families
8.27with children, ages birth to five years.
8.28(e) Grant applicants shall submit to
8.29the commissioner a written plan that
8.30demonstrates the ability to provide the
8.32(1) new programs or continued expansion
8.33of current access programs that have
8.34demonstrated success in providing dental
9.1services in underserved areas of Minneapolis
9.2and the Bemidji area;
9.3(2) programs for screening children entering
9.4the Minneapolis and the Bemidji area public
9.5school systems and facilitating access to care
9.6for their families;
9.7(3) programs testing new models of care
9.8that are sensitive to cultural needs of the
9.10(4) programs creating new educational
9.11campaigns that inform individuals of the
9.12importance of good oral health and the
9.13link between dental diseases, overall health
9.14status, and success in school; and
9.15(5) programs testing new delivery models
9.16by creating partnerships between local early
9.17childhood and school-age education and
9.18community clinic dental providers.
9.19(f) Qualified applicants are partnerships
9.20among early childhood experts, Minneapolis
9.21or Bemidji area public schools, and nonprofit
9.22clinics that are established to provide health
9.23services to low-income patients, provide
9.24preventive and dental care services, and
9.25utilize a sliding-scale fee or other method of
9.26providing charity care that ensures that no
9.27person is denied services because of inability
9.29(g) Applicants shall submit to the
9.30commissioner an application and supporting
9.31documentation, in the form and manner
9.32specified by the commissioner. Applicants
9.33must be able to provide culturally appropriate
9.34outreach, screenings, and access to dental
9.35care for children, ages birth to five years,
10.1their parents, and pregnant women most at
10.2risk of poor oral health due to lack of access
10.3to dental care. Applicants must also meet the
10.5(1) have the potential to successfully increase
10.6access to families with children, ages birth
10.7to five years;
10.8(2) incorporate quality program evaluation;
10.9(3) maximize use of grant funds; and
10.10(4) have experience in providing services to
10.11the target populations of this program.
10.12(h) The commissioner shall evaluate the
10.13effectiveness of this pilot program on the
10.14oral health of children and their families and
10.15report to the house of representatives and
10.16senate committees with jurisdiction over
10.17public health policy and finance by January
10.181, 2009, with recommendations as to how to
10.19develop programs throughout Minnesota that
10.20provide education and access to oral health
10.21care for low-income and immigrant children.
10.22Suicide prevention programs. $600,000
10.23each year is to fund the suicide prevention
10.24program. The base for fiscal years 2010 and
10.252011 is reduced by $300,000.
|Appropriations by Fund
|Health Care Access
|Subd. 3.Policy Quality and Compliance
|Appropriations by Fund
|Subd. 4.Health Protection
11.4Pandemic Influenza Preparedness. Of
11.5the general fund appropriation to the
11.6commissioner, $3,235,000 in fiscal year 2008
11.7is for preparation, planning, and response
11.8to a pandemic influenza outbreak. This
11.9appropriation is available until June 30, 2009.
11.10Base funding for the 2010-2011 biennium is
11.11$0 each fiscal year.
11.12Environmental Health Tracking and
11.13Biomonitoring. (a) $500,000 in the first
11.14year and $900,000 in the second year are
11.15for the environmental health tracking and
11.16biomonitoring program. The base for fiscal
11.17year 2010 and fiscal year 2011 is increased
11.18by $300,000 each year.
11.19(b) $300,000 each year is from the
11.20environmental fund to the Pollution Control
11.21Agency for transfer to the Department
11.22of Health for the health tracking and
11.23biomonitoring program. The base for the
11.24environmental fund is $0 in fiscal year 2010
11.26AIDS Prevention Initiative Focusing
11.27on African-born Residents. $300,000 in
11.282008 is for an AIDS prevention initiative
11.29focusing on African-born residents. This
11.30appropriation is a onetime appropriation
11.31and shall not become part of the base-level
11.32funding for the 2010-2011 biennium.
11.33The commissioner of health shall award
11.34grants in accordance with Minnesota Statutes,
145.924, paragraph (b), for a public
12.1education and awareness campaign targeting
12.2communities of African-born Minnesota
12.3residents. The grants shall be designed to
12.4promote knowledge and understanding about
12.5HIV and to increase knowledge in order
12.6to eliminate and reduce the risk for HIV
12.7infection; to encourage screening and testing
12.8for HIV; and to link individuals to public
12.9health and health care resources. The grants
12.10must be awarded to collaborative efforts that
12.11bring together nonprofit community-based
12.12groups with demonstrated experience in
12.13addressing the public health, health care,
12.14and social service needs of African-born
12.16Arsenic Health Risk Standard. $920,000 in
12.17the first year and $461,000 in the second year
12.18is to fund the study relating to arsenic health
12.19risk standards, under Minnesota Statutes,
12.21Lindane and Bisphenol-A Studies.
12.22$114,000 in the first year is for the Lindane
12.23committee and the study of bisphenol-A,
12.24under Minnesota Statutes, section 325.72.
12.25This is a onetime appropriation.
12.26Decabromodiphenyl Ether Study.
12.27$118,000 in the first year is for transfer to the
12.28commissioner of the pollution control agency
12.29for the study of decabromodiphenyl ether
12.30under Minnesota Statutes, section 325E.387.
12.31This is a onetime appropriation.
12.32Radiation Study. $45,000 in the first year
12.33from the general fund and $15,000 in the
12.34first year from the state government special
13.1revenue fund are for the radiation study in
13.2section 62. This is a onetime appropriation.
13.3Lead Abatement. $925,000 in the first
13.4year and $950,000 in the second year are
13.5for changes in lead abatement requirements.
13.6Of this amount, $6,000 in the first year and
13.7$11,000 in the second year are for transfer
13.8to the commissioner of human services for
13.9increased medical assistance costs. A portion
13.10of this amount may be used to reimburse
13.11local governments for costs of implementing
13.12the new requirements.
13.13Water Treatment. $40,000 in fiscal year
13.142008 is to augment any appropriation from the
13.15remediation fund to conduct an evaluation of
13.16point of use water treatment units at removing
13.17perfluorooctanoic acid, perfluorooctane
13.18sulfonate, and perfluorobutanoic acid from
13.19known concentrations of these compounds
13.20in drinking water. The evaluation shall be
13.21completed by December 31, 2007, and the
13.22commissioner may contract for services to
13.23complete the evaluation. This is a onetime
13.25Environmental Justice Mapping. $137,000
13.26in the first year and $53,000 in the second
13.27year is for environmental justice mapping.
13.28HIV Information. $80,000 each year
13.29is to fund a community-based nonprofit
13.30organization with demonstrated capacity to
13.31operate a statewide HIV information and
13.32referral service using telephone, Internet, and
13.33other appropriate technologies.
13.34Lead Hazard Reduction. $250,000 is
13.35appropriated each year of the biennium for a
14.1grant to a nonprofit organization operating
14.2the CLEARCorps to conduct a pilot project
14.3to determine the incidence of lead hazards in
14.4pre-1978 rental property. Any balance in the
14.5first year does not cancel but is available in
14.6the second year.
14.7Minnesota Birth Defects Information
14.8System. $750,000 each year is to maintain
14.9the birth defects information system that was
14.10established by Minnesota Statutes, section
|Appropriations by Fund
|Subd. 5.Minority and Multicultural Health
14.16TANF Appropriations. (a) $2,421,000 of
14.17the TANF funds is appropriated in each year
14.18of the biennium to the commissioner for
14.19home visiting and nutritional services listed
14.20under Minnesota Statutes, section 145.882,
14.21subdivision 7, clauses (6) and (7). Funding
14.22shall be distributed to tribal governments
14.23based on Minnesota Statutes, section
14.24145A.14, subdivision 2a, paragraph (b).
14.25(b) $262,000 in the first year and $577,000
14.26in the second year are appropriated
14.27to the commissioner of health for the
14.28family home visiting grant program. The
14.29commissioner shall distribute funds to tribal
14.30governments using a formula developed in
14.31conjunction with tribal governments. The
14.32commissioner may use five percent of the
14.33funds appropriated in each fiscal year to
14.34conduct the ongoing evaluations required
14.35under Minnesota Statutes, section 145A.17,
15.1subdivision 7, and may use ten percent of
15.2the funds appropriated each fiscal year to
15.3provide training and technical assistance as
15.4required under Minnesota Statutes, section
15.5145A.17, subdivisions 4 and 5.
15.6TANF Carryforward. Any unexpended
15.7balance of the TANF appropriation in the
15.8first year of the biennium does not cancel but
15.9is available for the second year.
|Appropriations by Fund
|Subd. 6.Administrative Support Services
15.13Disease Surveillance. $2,000,000 each fiscal
15.14year is for redesigning and implementing
15.15coordinated and modern disease surveillance
15.16systems for the department, ensuring that
15.17occupational and residential histories are
15.18included in the database. Base level funding
15.19for the 2012-2013 biennium will be $600,000
15.20each fiscal year for maintaining and operating
|Appropriations by Fund
15.24Veterans Homes Special Revenue Account.
15.25The general fund appropriations made to
15.26the board may be transferred to a veterans
15.27homes special revenue account in the
15.28special revenue fund in the same manner
15.29as other receipts are deposited according to
15.30Minnesota Statutes, section 198.34, and are
15.31appropriated to the board for the operation of
15.32board facilities and programs.
15.33Repair and Betterment. Of this
15.34appropriation, $4,000,000 in fiscal year
15.352008 and $4,000,000 in fiscal year 2009
16.1are to be used for repair, maintenance,
16.2rehabilitation, and betterment activities at
16.4Base Adjustment. The general fund base is
16.5decreased by $2,000,000 in fiscal year 2010
16.6and $2,000,000 in fiscal year 2011.
|Sec. 4. VETERANS NURSING HOMES
|Sec. 5. HEALTH-RELATED BOARDS
16.10The commissioner of finance shall not permit
16.11the allotment, encumbrance, or expenditure
16.12of money appropriated in this section in
16.13excess of the anticipated biennial revenues
16.14or accumulated surplus revenues from fees
16.15collected by the boards.
|Subdivision 1.Total Appropriation; State
Government Special Revenue Fund
|Subd. 2.Board of Chiropractic Examiners
|Subd. 3.Board of Dentistry
16.20Base Adjustment. Of this appropriation in
16.21fiscal year 2009, $14,000 is onetime.
|Subd. 4.Board of Dietetic and Nutrition
16.24Base Adjustment. Of this appropriation in
16.25fiscal year 2009, $17,000 is onetime.
|Subd. 5.Board of Marriage and Family
|Subd. 6.Board of Medical Practice
|Subd. 7.Board of Nursing
16.30Administrative Services Unit. Of this
16.31appropriation, $430,000 in fiscal year
16.322008 and $439,000 in fiscal year 2009 are
16.33for the administrative services unit. The
16.34administrative services unit may receive
17.1and expend reimbursements for services
17.2performed by other agencies.
|Subd. 8.Board of Nursing Home
17.4Base Adjustment. Of this appropriation in
17.5fiscal year 2009, $13,000 is onetime.
|Subd. 9.Board of Optometry
17.7Base Adjustment. Of this appropriation in
17.8fiscal year 2009, $29,000 is onetime.
|Subd. 10.Board of Pharmacy
|Subd. 11.Board of Physical Therapy
17.11Base Adjustment. Of this appropriation in
17.12fiscal year 2009, $7,000 is onetime.
|Subd. 12.Board of Podiatry
|Subd. 13.Board of Psychology
|Subd. 14.Board of Social Work
|Subd. 15.Board of Veterinary Medicine
|Subd. 16.Board of Behavioral Health and
|Sec. 6. EMERGENCY MEDICAL SERVICES
17.25Regional Emergency Medical Services
17.26Programs. $400,000 each year is for
17.27regional emergency medical services
17.28programs, to be distributed equally to the
17.29eight emergency medical service regions.
17.30This amount shall be added to the base
17.31funding. Notwithstanding Minnesota
17.32Statutes, section 144E.50, 100 percent of
17.33the appropriation shall be passed on to the
17.34emergency medical service regions.
18.1Health Professional Services Program.
18.2$687,000 in fiscal year 2008 and $704,000 in
18.3fiscal year 2009 from the state government
18.4special revenue fund are for the health
18.5professional services program.
|Appropriations by Fund
18.7Options Too. (a) $75,000 for the first
18.8year and $75,000 for the second year are
18.9to continue the work of the Options Too
18.10disability services interagency work group
18.11established under Laws 2005, First Special
18.12Session chapter 4, article 7, section 57.
18.13Funds shall be used to monitor and assist the
18.14work group and the Options Too Steering
18.15Committee in the implementation of the
18.16recommendations in the Options Too report
18.17dated February 15, 2007.
18.18(b) For purposes of this section, the Options
18.19Too Steering Committee shall consist of the
18.21(1) a representative from the Minnesota
18.22Housing Finance Agency;
18.23(2) a representative from the Minnesota State
18.24Council on Disability;
18.25(3) a representative from the Department of
18.27(4) a representative from the Department of
18.29(5) a representative from the Department of
18.30Human Services; and
18.31(6) representatives from interested
18.32stakeholders including counties, local
18.33public housing authorities, the Metropolitan
18.34Council, disability service providers, and
19.1disability advocacy organizations who are
19.2appointed by the Minnesota State Council on
19.3Disability for two-year terms.
19.4(c) Notwithstanding Laws 2005, First Special
19.5Session chapter 4, article 7, section 57, the
19.6interagency work group shall be administered
19.7by the Minnesota Housing Finance Agency,
19.8the Minnesota State Council on Disability,
19.9Department of Human Services, and the
19.10Department of Transportation.
19.11(d) The Options Too Steering Committee
19.12shall report to the chairs of the health
19.13and human services policy and finance
19.14committees of the senate and house of
19.15representatives by October 15, 2007, and
19.16October 15, 2008, on the continued progress
19.17of the work group towards implementing the
19.18recommendations in the Options Too report
19.19dated February 15, 2007.
|Sec. 7. COUNCIL ON DISABILITY
|Sec. 8. OMBUDSMAN FOR MENTAL
HEALTH AND DEVELOPMENTAL
|Sec. 9. OMBUDSMAN FOR FAMILIES
Sec. 10. Minnesota Statutes 2006, section 13.3806, is amended by adding a subdivision
19.26 Subd. 21. Birth defects registry system. Data on individuals collected by the
19.27birth defects registry system are private data on individuals and classified pursuant to
Sec. 11. Minnesota Statutes 2006, section 16B.61, is amended by adding a subdivision
19.31 Subd. 3b. Window fall prevention device code. The commissioner of labor and
19.32industry shall adopt rules for window fall prevention devices as part of the state Building
19.33Code. Window fall prevention devices include, but are not limited to, safety screens,
19.34hardware, guards, and other devices that comply with the standards established by the
19.35commissioner of labor and industry. The rules must require compliance with standards
20.1for window fall prevention devices developed by ASTM International, contained in the
20.2International Building Code as the model language with amendments deemed necessary to
20.3coordinate with the other adopted building codes in Minnesota. The rules must establish a
20.4scope that includes the applicable building occupancies, and the types, locations, and sizes
20.5of windows that will require the installation of fall devices. The rules will be effective July
20.61, 2009. The commissioner shall report to the legislature on the status of the rulemaking
20.7on or before February 15, 2008.
Sec. 12. Minnesota Statutes 2006, section 103I.101, subdivision 6, is amended to read:
Subd. 6. Fees for variances.
The commissioner shall charge a nonrefundable
application fee of
to cover the administrative cost of processing a request for a
variance or modification of rules adopted by the commissioner under this chapter.
20.12EFFECTIVE DATE.This section is effective July 1, 2008.
Sec. 13. Minnesota Statutes 2006, section 103I.208, subdivision 1, is amended to read:
Subdivision 1. Well notification fee.
The well notification fee to be paid by a
property owner is:
(1) for a new water supply well,
, which includes the state core function
(2) for a well sealing,
for each well, which includes the state core function
fee, except that for monitoring wells constructed on a single property, having depths
within a 25 foot range, and sealed within 48 hours of start of construction, a single fee of
(3) for construction of a dewatering well,
, which includes the state core
function fee, for each dewatering well except a dewatering project comprising five or
more dewatering wells shall be assessed a single fee of
for the dewatering
wells recorded on the notification.
20.26EFFECTIVE DATE.This section is effective July 1, 2008.
Sec. 14. Minnesota Statutes 2006, section 103I.208, subdivision 2, is amended to read:
Subd. 2. Permit fee.
The permit fee to be paid by a property owner is:
(1) for a water supply well that is not in use under a maintenance permit,
(2) for construction of a monitoring well,
, which includes the state
core function fee;
(3) for a monitoring well that is unsealed under a maintenance permit,
(4) for monitoring wells used as a leak detection device at a single motor fuel retail
outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
chemical facility site, the construction permit fee is
, which includes the state
core function fee, per site regardless of the number of wells constructed on the site, and
the annual fee for a maintenance permit for unsealed monitoring wells is
site regardless of the number of monitoring wells located on site;
(5) for a groundwater thermal exchange device, in addition to the notification fee for
water supply wells,
, which includes the state core function fee;
(6) for a vertical heat exchanger,
(7) for a dewatering well that is unsealed under a maintenance permit,
annually for each dewatering well, except a dewatering project comprising more than five
dewatering wells shall be issued a single permit for
annually for dewatering
wells recorded on the permit; and
(8) for an elevator boring,
for each boring.
21.15EFFECTIVE DATE.This section is effective July 1, 2008.
Sec. 15. Minnesota Statutes 2006, section 103I.235, subdivision 1, is amended to read:
Subdivision 1. Disclosure of wells to buyer.
(a) Before signing an agreement to
sell or transfer real property, the seller must disclose in writing to the buyer information
about the status and location of all known wells on the property, by delivering to the buyer
either a statement by the seller that the seller does not know of any wells on the property,
or a disclosure statement indicating the legal description and county, and a map drawn
from available information showing the location of each well to the extent practicable.
In the disclosure statement, the seller must indicate, for each well, whether the well is in
use, not in use, or sealed.
(b) At the time of closing of the sale, the disclosure statement information, name and
mailing address of the buyer, and the quartile, section, township, and range in which each
well is located must be provided on a well disclosure certificate signed by the seller or a
person authorized to act on behalf of the seller.
(c) A well disclosure certificate need not be provided if the seller does not know
of any wells on the property and the deed or other instrument of conveyance contains
the statement: "The Seller certifies that the Seller does not know of any wells on the
described real property."
(d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
required by this subdivision shall be signed by the buyer or a person authorized to act on
behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
certificate is not required if the following statement appears on the deed followed by the
signature of the grantee or, if there is more than one grantee, the signature of at least one
of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
described real property." The statement and signature of the grantee may be on the front
or back of the deed or on an attached sheet and an acknowledgment of the statement by
the grantee is not required for the deed to be recordable.
(e) This subdivision does not apply to the sale, exchange, or transfer of real property:
(1) that consists solely of a sale or transfer of severed mineral interests; or
(2) that consists of an individual condominium unit as described in chapters 515
(f) For an area owned in common under chapter 515 or 515B the association or other
responsible person must report to the commissioner by July 1, 1992, the location and
status of all wells in the common area. The association or other responsible person must
notify the commissioner within 30 days of any change in the reported status of wells.
(g) For real property sold by the state under section
, the lessee at the time of
the sale is responsible for compliance with this subdivision.
(h) If the seller fails to provide a required well disclosure certificate, the buyer, or
a person authorized to act on behalf of the buyer, may sign a well disclosure certificate
based on the information provided on the disclosure statement required by this section
or based on other available information.
(i) A county recorder or registrar of titles may not record a deed or other instrument
of conveyance dated after October 31, 1990, for which a certificate of value is required
, or any deed or other instrument of conveyance dated after October
31, 1990, from a governmental body exempt from the payment of state deed tax, unless
the deed or other instrument of conveyance contains the statement made in accordance
with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all
the information required by paragraph (b) or (d). The county recorder or registrar of titles
must not accept a certificate unless it contains all the required information. The county
recorder or registrar of titles shall note on each deed or other instrument of conveyance
accompanied by a well disclosure certificate that the well disclosure certificate was
received. The notation must include the statement "No wells on property" if the disclosure
certificate states there are no wells on the property. The well disclosure certificate shall not
be filed or recorded in the records maintained by the county recorder or registrar of titles.
After noting "No wells on property" on the deed or other instrument of conveyance, the
county recorder or registrar of titles shall destroy or return to the buyer the well disclosure
certificate. The county recorder or registrar of titles shall collect from the buyer or the
person seeking to record a deed or other instrument of conveyance, a fee of
for receipt of a completed well disclosure certificate. By the tenth day of each month,
the county recorder or registrar of titles shall transmit the well disclosure certificates
to the commissioner of health. By the tenth day after the end of each calendar quarter,
the county recorder or registrar of titles shall transmit to the commissioner of health
of the fee for each well disclosure certificate received during the quarter.
The commissioner shall maintain the well disclosure certificate for at least six years. The
commissioner may store the certificate as an electronic image. A copy of that image
shall be as valid as the original.
(j) No new well disclosure certificate is required under this subdivision if the buyer
or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed
or other instrument of conveyance that the status and number of wells on the property
have not changed since the last previously filed well disclosure certificate. The following
statement, if followed by the signature of the person making the statement, is sufficient
to comply with the certification requirement of this paragraph: "I am familiar with the
property described in this instrument and I certify that the status and number of wells on
the described real property have not changed since the last previously filed well disclosure
certificate." The certification and signature may be on the front or back of the deed or on
an attached sheet and an acknowledgment of the statement is not required for the deed or
other instrument of conveyance to be recordable.
(k) The commissioner in consultation with county recorders shall prescribe the form
for a well disclosure certificate and provide well disclosure certificate forms to county
recorders and registrars of titles and other interested persons.
(l) Failure to comply with a requirement of this subdivision does not impair:
(1) the validity of a deed or other instrument of conveyance as between the parties
to the deed or instrument or as to any other person who otherwise would be bound by
the deed or instrument; or
(2) the record, as notice, of any deed or other instrument of conveyance accepted for
filing or recording contrary to the provisions of this subdivision.
23.30EFFECTIVE DATE.This section is effective July 1, 2008.
Sec. 16. Minnesota Statutes 2006, section 144.123, is amended to read:
23.32144.123 FEES FOR DIAGNOSTIC LABORATORY SERVICES;
Subdivision 1. Who must pay.
Except for the limitation contained in this section,
the commissioner of health shall charge a handling fee for each specimen submitted to
the Department of Health for analysis for diagnostic purposes by any hospital, private
laboratory, private clinic, or physician. No fee shall be charged to any entity which
receives direct or indirect financial assistance from state or federal funds administered by
the Department of Health, including any public health department, nonprofit community
venereal sexually transmitted
family planning clinic,
entity. No fee will be charged for any biological materials submitted to the Department
24.7of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological
24.8materials requested by the department to gather information for disease prevention or
The commissioner of health may establish
other exceptions to
the handling fee as may be necessary to
gather information for epidemiologic purposes
24.11protect the public's health
. All fees collected pursuant to this section shall be deposited in
the state treasury and credited to the state government special revenue fund.
Rules for Fee amounts.
The commissioner of health shall
24.14 rules, in accordance with chapter 14, which shall specify the amount of the charge a
handling fee prescribed in subdivision 1. The fee shall approximate the costs to the
department of handling specimens including reporting, postage, specimen kit preparation,
and overhead costs. The fee prescribed in subdivision 1 shall be
until the commissioner promulgates rules pursuant to this subdivision
Sec. 17. Minnesota Statutes 2006, section 144.125, is amended to read:
24.20144.125 TESTS OF INFANTS FOR HERITABLE AND CONGENITAL
Subdivision 1. Duty to perform testing.
It is the duty of (1) the administrative
officer or other person in charge of each institution caring for infants 28 days or less
of age, (2) the person required in pursuance of the provisions of section
register the birth of a child, or (3) the nurse midwife or midwife in attendance at the
birth, to arrange to have administered to every infant or child in its care tests for heritable
and congenital disorders according to subdivision 2 and rules prescribed by the state
commissioner of health. Testing and the recording and reporting of test results shall be
performed at the times and in the manner prescribed by the commissioner of health. The
commissioner shall charge
laboratory service fees a fee
so that the total of fees collected
will approximate the costs of conducting the tests and implementing and maintaining
a system to follow-up infants with heritable or congenital disorders. The
per specimen. Costs associated with capital expenditures and
the development of new procedures may be prorated over a three-year period when
calculating the amount of the fees.
Subd. 2. Determination of tests to be administered.
The commissioner shall
periodically revise the list of tests to be administered for determining the presence of a
heritable or congenital disorder. Revisions to the list shall reflect advances in medical
science, new and improved testing methods, or other factors that will improve the public
health. In determining whether a test must be administered, the commissioner shall take
into consideration the adequacy of
methods to detect the heritable
or congenital disorder, the ability to treat or prevent medical conditions caused by the
heritable or congenital disorder, and the severity of the medical conditions caused by the
heritable or congenital disorder. The list of tests to be performed may be revised if the
changes are recommended by the advisory committee established under section
approved by the commissioner, and published in the State Register. The revision is
exempt from the rulemaking requirements in chapter 14, and sections
do not apply.
Subd. 3. Objection of parents to test.
Persons with a duty to perform testing under
subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
perform testing thereunder as well as the results of such testing may be retained by the
Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
the following options are available to them with respect to the testing: (i) to decline to
have the tests, or (ii) to elect to have the tests but to require that all blood samples and
records of test results be destroyed within 24 months of the testing. If the parents of
an infant object in writing to testing for heritable and congenital disorders or elect to
require that blood samples and test results be destroyed, the objection or election shall
be recorded on a form that is signed by a parent or legal guardian and made part of the
infant's medical record. A written objection exempts an infant from the requirements of
this section and section
Sec. 18. Minnesota Statutes 2006, section 144.2215, subdivision 1, is amended to read:
Subdivision 1. Establishment. Within the limits of available appropriations,
commissioner of health shall establish and maintain an information system containing data
on the cause, treatment, prevention, and cure of major birth defects. The commissioner
shall consult with representatives and experts in epidemiology, medicine, insurance,
health maintenance organizations, genetics, consumers, and voluntary organizations in
developing the system and may phase in the implementation of the system. After the
25.33parents have provided informed consent under section 144.2216, subdivision 4, the
25.34commissioner shall offer the parents with their informed consent a visit by a trained health
25.35care worker to interview the parents about:
26.1 (1) all previous home addresses, occupations, and places of work including from
26.3 (2) the time and place of any military service; and
26.4 (3) known occasions or sites of toxic exposures.
Sec. 19. Minnesota Statutes 2006, section 144.672, subdivision 1, is amended to read:
Subdivision 1. Rule authority.
The commissioner of health shall collect cancer
incidence information, analyze the information, and conduct special studies designed to
determine the potential public health significance of an increase in cancer incidence.
The commissioner shall adopt rules to administer the system, collect information,
and distribute data. The rules must include, but not be limited to, the following:
(1) the type of data to be reported, which must include current and previous
(2) standards for reporting specific types of data;
(3) payments allowed to hospitals, pathologists, and registry systems to defray their
costs in providing information to the system;
(4) criteria relating to contracts made with outside entities to conduct studies using
data collected by the system. The criteria may include requirements for a written protocol
outlining the purpose and public benefit of the study, the description, methods, and
projected results of the study, peer review by other scientists, the methods and facilities
to protect the privacy of the data, and the qualifications of the researcher proposing to
undertake the study; and
(5) specification of fees to be charged under section
13.03, subdivision 3
, for all
out-of-pocket expenses for data summaries or specific analyses of data requested by
public and private agencies, organizations, and individuals, and which are not otherwise
included in the commissioner's annual summary reports. Fees collected are appropriated
to the commissioner to offset the cost of providing the data.
Sec. 20. Minnesota Statutes 2006, section 144.9502, subdivision 3, is amended to read:
Subd. 3. Reports of blood lead analysis required.
(a) Every hospital, medical
clinic, medical laboratory, other facility, or individual performing blood lead analysis
shall report the results after the analysis of each specimen analyzed, for both capillary
and venous specimens, and epidemiologic information required in this section to the
commissioner of health, within the time frames set forth in clauses (1) and (2):
(1) within two working days by telephone, fax, or electronic transmission, with
written or electronic confirmation within one month, for a venous blood lead level equal to
or greater than
micrograms of lead per deciliter of whole blood; or
(2) within one month in writing or by electronic transmission, for any capillary
result or for a venous blood lead level less than
micrograms of lead per deciliter of
(b) If a blood lead analysis is performed outside of Minnesota and the facility
performing the analysis does not report the blood lead analysis results and epidemiological
information required in this section to the commissioner, the provider who collected the
blood specimen must satisfy the reporting requirements of this section. For purposes of
this section, "provider" has the meaning given in section
62D.02, subdivision 9
(c) The commissioner shall coordinate with hospitals, medical clinics, medical
laboratories, and other facilities performing blood lead analysis to develop a universal
reporting form and mechanism.
Sec. 21. Minnesota Statutes 2006, section 144.9504, subdivision 2, is amended to read:
Subd. 2. Lead risk assessment.
(a) An assessing agency shall conduct a lead risk
assessment of a residence according to the venous blood lead level and time frame set
forth in clauses (1) to (4) for purposes of secondary prevention:
(1) within 48 hours of a child or pregnant female in the residence being identified to
the agency as having a venous blood lead level equal to or greater than
of lead per deciliter of whole blood;
(2) within five working days of a child or pregnant female in the residence being
identified to the agency as having a venous blood lead level equal to or greater than
micrograms of lead per deciliter of whole blood;
(3) within ten working days of a child in the residence being identified to the agency
as having a venous blood lead level equal to or greater than
micrograms of lead
per deciliter of whole blood; or
(4) within ten working days of a pregnant female in the residence being identified to
the agency as having a venous blood lead level equal to or greater than ten micrograms of
lead per deciliter of whole blood.
(b) Within the limits of available local, state, and federal appropriations, an assessing
agency may also conduct a lead risk assessment for children with any elevated blood
(c) In a building with two or more dwelling units, an assessing agency shall assess
the individual unit in which the conditions of this section are met and shall inspect all
common areas accessible to a child. If a child visits one or more other sites such as another
residence, or a residential or commercial child care facility, playground, or school, the
assessing agency shall also inspect the other sites. The assessing agency shall have one
additional day added to the time frame set forth in this subdivision to complete the lead
risk assessment for each additional site.
(d) Within the limits of appropriations, the assessing agency shall identify the
known addresses for the previous 12 months of the child or pregnant female with venous
blood lead levels of at least
micrograms per deciliter
for the child or at least ten
28.6 micrograms per deciliter for the pregnant female
; notify the property owners, landlords,
and tenants at those addresses that an elevated blood lead level was found in a person
who resided at the property; and give them primary prevention information. Within the
limits of appropriations, the assessing agency may perform a risk assessment and issue
corrective orders in the properties, if it is likely that the previous address contributed to
the child's or pregnant female's blood lead level. The assessing agency shall provide the
notice required by this subdivision without identifying the child or pregnant female with
the elevated blood lead level. The assessing agency is not required to obtain the consent of
the child's parent or guardian or the consent of the pregnant female for purposes of this
subdivision. This information shall be classified as private data on individuals as defined
13.02, subdivision 12
(e) The assessing agency shall conduct the lead risk assessment according to rules
adopted by the commissioner under section
. An assessing agency shall have
lead risk assessments performed by lead risk assessors licensed by the commissioner
according to rules adopted under section
. If a property owner refuses to allow
a lead risk assessment, the assessing agency shall begin legal proceedings to gain entry
to the property and the time frame for conducting a lead risk assessment set forth in this
subdivision no longer applies. A lead risk assessor or assessing agency may observe the
performance of lead hazard reduction in progress and shall enforce the provisions of this
section under section
. Deteriorated painted surfaces, bare soil, and dust must be
tested with appropriate analytical equipment to determine the lead content, except that
deteriorated painted surfaces or bare soil need not be tested if the property owner agrees to
engage in lead hazard reduction on those surfaces. The lead content of drinking water
must be measured if another probable source of lead exposure is not identified. Within a
standard metropolitan statistical area, an assessing agency may order lead hazard reduction
of bare soil without measuring the lead content of the bare soil if the property is in a
census tract in which soil sampling has been performed according to rules established by
the commissioner and at least 25 percent of the soil samples contain lead concentrations
above the standard in section
(f) Each assessing agency shall establish an administrative appeal procedure which
allows a property owner to contest the nature and conditions of any lead order issued by
the assessing agency. Assessing agencies must consider appeals that propose lower cost
methods that make the residence lead safe. The commissioner shall use the authority and
appeal procedure granted under sections
neither authorize nor prohibit an assessing agency
from charging a property owner for the cost of a lead risk assessment.
Sec. 22. Minnesota Statutes 2006, section 144.9507, is amended by adding a
subdivision to read:
29.8 Subd. 6. Medical assistance. Medical assistance reimbursement for lead risk
29.9assessment services under section 256B.0625, subdivision 49, shall not be used to replace
29.10or decrease existing state or local funding for lead services and lead-related activities.
Sec. 23. Minnesota Statutes 2006, section 144.9512, is amended to read:
29.12144.9512 LEAD ABATEMENT PROGRAM.
Subdivision 1. Definitions.
(a) The definitions in section
and in this
subdivision apply to this section.
"Eligible organization" means a lead contractor, city, board of health, community
29.16 health department, community action agency as defined in section
256E.30 , or community
29.17 development corporation.
"Commissioner" means the commissioner of health
, or the commissioner of the
29.19 Minnesota Housing Finance Agency as authorized by section
462A.05, subdivision 15c
Subd. 2. Grants; administration.
Within the limits of the available appropriation,
must develop a swab team services program which may shall
demonstration and training
eligible organizations a nonprofit organization
29.23currently operating the CLEARCorps lead hazard reduction project
to train workers to
provide swab team services
and swab team services
for residential property.
29.25 be awarded to nonprofit organizations to provide technical assistance and training to
29.26 ensure quality and consistency within the statewide program. Grants must be awarded to
29.27 help ensure full-time employment to workers providing swab team services and must be
29.28 awarded for a two-year period.
29.29 Grants awarded under this section must be made in consultation with the
29.30 commissioner of the Housing Finance Agency and representatives of neighborhood
29.31 groups from areas at high risk for toxic lead exposure, a labor organization, the lead
29.32 coalition, community action agencies, and the legal aid society. The consulting team must
29.33 review grant applications and recommend awards to eligible organizations that meet
29.34 requirements for receiving a grant under this section.
30.1 Subd. 3. Applicants. (a) Interested eligible organizations may apply to the
30.2 commissioner for grants under this section. Two or more eligible organizations may
30.3 jointly apply for a grant. Priority shall be given to community action agencies in greater
30.4 Minnesota and to either community action agencies or neighborhood based nonprofit
30.5 organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
30.6 be used for administrative purposes. The commissioner may deviate from this percentage
30.7 if a grantee can justify the need for a larger administrative allowance. Of this amount,
30.8 up to five percent may be used by the commissioner for state administrative purposes.
30.9 Applications must provide information requested by the commissioner, including at least
30.10 the information required to assess the factors listed in paragraph (d).
30.11 (b) The commissioner must consult with boards of health to provide swab team
30.12 services for purposes of secondary prevention. The priority for swab teams created
30.13 by grants to eligible organizations under this section must be work assigned by the
30.14 commissioner of health, or by a board of health if so designated by the commissioner of
30.15 health, to provide secondary prevention swab team services to fulfill the requirements
30.16 of section
144.9504, subdivision 6 , in response to a lead order. Swab teams assigned
30.17 work under this section by the commissioner, that are not engaged daily in fulfilling the
30.18 requirements of section
144.9504, subdivision 6 , must deliver swab team services in
30.19 response to elevated blood lead levels as defined in section
144.9501, subdivision 9 ,
30.20 where lead orders were not issued, and for purposes of primary prevention in census
30.21 tracts known to be in areas at high risk for toxic lead exposure as described in section
30.22 144.9503, subdivision 2 .
30.23 (c) Any additional money must be used for grants to establish swab teams for
30.24 primary prevention under section
144.9503 , in census tracts in areas at high risk for toxic
30.25 lead exposure as determined under section
144.9503, subdivision 2 .
30.26 (d) In evaluating grant applications, the commissioner must consider the following
30.28 (1) the use of lead contractors and lead workers for residential swab team services;
30.29 (2) the participation of neighborhood groups and individuals, as swab team workers,
30.30 in areas at high risk for toxic lead exposure;
30.31 (3) plans for the provision of swab team services for primary and secondary
30.32 prevention as required under subdivision 4;
30.33 (4) plans for supervision, training, career development, and postprogram placement
30.34 of swab team members;
30.35 (5) plans for resident and property owner education on lead safety;
31.1 (6) plans for distributing cleaning supplies to area residents and educating residents
31.2 and property owners on cleaning techniques;
31.3 (7) sources of other funding and cost estimates for training, lead inspections, swab
31.4 team services, equipment, monitoring, testing, and administration;
31.5 (8) measures of program effectiveness;
31.6 (9) coordination of program activities with other federal, state, and local public
31.7 health, job training, apprenticeship, and housing renovation programs including programs
31.8 under sections
116L.881 ; and
31.9 (10) prior experience in providing swab team services.
Lead supervisor or certified firm Eligible grant activities.
31.11 organizations and lead supervisors or certified firms may participate in the swab team
31.12 program. An eligible organization The nonprofit
receiving a grant under this section
that all participating lead supervisors or certified firms are licensed
and that all swab team workers are certified by the Department of Health under section
Eligible organizations and lead supervisors or certified firms may distinguish
31.16 between interior and exterior services in assigning duties and The nonprofit organization
may participate in the program by:
(1) providing on-the-job training for swab team workers;
(2) providing swab team services to meet the requirements of sections
144.9504, subdivision 6
a removal and replacement component using skilled craft workers
31.22 under subdivision 7 lead hazard reduction to meet the requirements of section 144.9501,
(4) providing lead testing according to subdivision 8;
31.25 (5) (4)
providing lead dust
cleaning supplies cleanup equipment and materials
described in section
144.9507 144.9503, subdivision 4 , paragraph (c) 1
, to residents;
31.27 (6) (5)
having a swab team worker instruct residents and property owners on
appropriate lead control techniques, including the lead-safe directives developed by the
commissioner of health
31.30 (6) conducting blood lead testing events including screening children and pregnant
31.31women according to Department of Health screening guidelines;
31.32 (7) performing case management services according to Department of Health case
31.33management guidelines; or
31.34 (8) conducting mandated risk assessments under Minnesota Statutes, section
31.35144.9504, subdivision 2.
31.36 (b) Participating lead supervisors or certified firms must:
32.1 (1) demonstrate proof of workers' compensation and general liability insurance
32.3 (2) be knowledgeable about lead abatement requirements established by the
32.4 Department of Housing and Urban Development and the Occupational Safety and Health
32.5 Administration and lead hazard reduction requirements and lead-safe directives of the
32.6 commissioner of health;
32.7 (3) demonstrate experience with on-the-job training programs;
32.8 (4) demonstrate an ability to recruit employees from areas at high risk for toxic
32.9 lead exposure; and
32.10 (5) demonstrate experience in working with low-income clients.
Subd. 5. Swab team workers.
Each worker engaged in swab team services
established under this section must have blood lead concentrations below 15 micrograms
of lead per deciliter of whole blood as determined by a baseline blood lead screening.
Any The nonprofit
organization receiving a grant under this section is responsible for lead
screening and must
that all swab team workers meet the standards established
in this subdivision.
Grantees The nonprofit organization
must use appropriate workplace
procedures including following the lead-safe directives developed by the commissioner of
health to reduce risk of elevated blood lead levels.
Grantees The nonprofit organization
and participating contractors must report all employee blood lead levels that exceed 15
micrograms of lead per deciliter of whole blood to the commissioner of health.
Subd. 6. On-the-job training component. (a) Programs established under this
32.22 section must provide on-the-job training for swab team workers.
32.23 (b) Swab team workers must receive monetary compensation equal to the prevailing
32.24 wage as defined in section
177.42, subdivision 6 , for comparable jobs in the licensed
32.25 contractor's principal business.
32.26 Subd. 7. Removal and replacement component. (a) Within the limits of the
32.27 available appropriation and if a need is identified by a lead inspector, the commissioner
32.28 may establish a component for removal and replacement of deteriorated paint in residential
32.29 properties according to the following criteria:
32.30 (1) components within a residence must have both deteriorated lead-based paint and
32.31 substrate damage beyond repair or rotting wooden framework to be eligible for removal
32.32 and replacement;
32.33 (2) all removal and replacement must be done using least-cost methods and
32.34 following lead-safe directives;
33.1 (3) whenever windows and doors or other components covered with deteriorated
33.2 lead-based paint have sound substrate or are not rotting, those components should be
33.3 repaired, sent out for stripping, planed down to remove deteriorated lead-based paint, or
33.4 covered with protective guards instead of being replaced, provided that such an activity is
33.5 the least-cost method of providing the swab team service;
33.6 (4) removal and replacement or repair must be done by lead contractors using skilled
33.7 craft workers or trained swab team members; and
33.8 (5) all craft work that requires a state license must be supervised by a person with
33.9 a state license in the craft work being supervised. The grant recipient may contract for
33.10 this supervision.
33.11 (b) The program design must:
33.12 (1) identify the need for on-the-job training of swab team workers to be removal and
33.13 replacement workers; and
33.14 (2) describe plans to involve appropriate groups in designing methods to meet the
33.15 need for training swab team workers.
33.16 Subd. 8. Testing and evaluation. (a) Testing of the environment is not necessary
33.17 by swab teams whose work is assigned by the commissioner of health or a designated
33.18 board of health under section
144.9504 . The commissioner of health or designated board
33.19 of health must share the analytical testing data collected on each residence for purposes
33.20 of secondary prevention under section
144.9504 with the swab team workers in order to
33.21 provide constructive feedback on their work and to the commissioner for the purposes
33.22 set forth in paragraph (c).
33.23 (b) For purposes of primary prevention evaluation, the following samples must be
33.24 collected: pretesting and posttesting of one noncarpeted floor dust lead sample and a
33.25 notation of the extent and location of bare soil and of deteriorated lead-based paint. The
33.26 analytical testing data collected on each residence for purposes of primary prevention
33.27 under section
144.9503 must be shared with the swab team workers in order to provide
33.28 constructive feedback on their work and to the commissioner for the purposes set forth in
33.29 paragraph (c).
33.30 (c) The commissioner of health must establish a program to collect appropriate data
33.31 as required under paragraphs (a) and (b), in order to conduct an ongoing evaluation of
33.32 swab team services for primary and secondary prevention. Within the limits of available
33.33 appropriations, the commissioner of health must conduct on up to 1,000 residences which
33.34 have received primary or secondary prevention swab team services, a postremediation
33.35 evaluation, on at least a quarterly basis for a period of at least two years for each residence.
33.36 The evaluation must note the condition of the paint within the residence, the extent of bare
34.1 soil on the grounds, and collect and analyze one noncarpeted floor dust lead sample.
34.2 The data collected must be evaluated to determine the efficacy of providing swab team
34.3 services as a method of reducing lead exposure in young children. In evaluating this data,
34.4 the commissioner of health must consider city size, community location, historic traffic
34.5 flow, soil lead level of the property by area or census tract, distance to industrial point
34.6 sources that emit lead, season of the year, age of the housing, age and number of children
34.7 living at the residence, the presence of pets that move in and out of the residence, and
34.8 other relevant factors as the commissioner of health may determine.
Subd. 9. Program benefits.
As a condition of providing swab team services under
an the nonprofit
organization may require a property owner to not increase
rents on a property solely as a result of a substantial improvement made with public
funds under the programs in this section.
Subd. 10. Requirements of
organizations receiving grants the nonprofit
34.14organization. An eligible The nonprofit
organization that is awarded a
grant under this section must prepare and submit a quarterly progress report
to the commissioner beginning three months after receipt of the grant.
Sec. 24. [144.966] EARLY HEARING DETECTION AND INTERVENTION
34.19 Subdivision 1. Definitions. (a) "Child" means a person 18 years of age or younger.
34.20 (b) "False positive rate" means the proportion of infants identified as having a
34.21significant hearing loss by the screening process who are ultimately found to not have a
34.22significant hearing loss.
34.23 (c) "False negative rate" means the proportion of infants not identified as having
34.24a significant hearing loss by the screening process who are ultimately found to have a
34.25significant hearing loss.
34.26 (d) "Hearing screening test" means automated auditory brain stem response,
34.27otoacoustic emissions, or another appropriate screening test approved by the Department
34.29 (e) "Hospital" means a birthing health care facility or birthing center licensed in
34.30this state that provides obstetrical services.
34.31 (f) "Infant" means a child who is not a newborn and has not attained the age of
34.33 (g) "Newborn" means an infant 28 days old or younger.
34.34 (h) "Parent" means a natural parent, stepparent, adoptive parent, guardian, or
34.35custodian of a newborn or infant.
35.1 Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The
35.2commissioner of health shall appoint a Newborn Hearing Screening Advisory Committee
35.3to advise and assist the Department of Health and the Department of Education in:
35.4 (1) developing protocols and timelines for screening, rescreening, and diagnostic
35.5audiological assessment and early medical, audiological, and educational intervention
35.6services for children who are deaf or hard-of-hearing;
35.7 (2) designing protocols for tracking children from birth through age three that may
35.8have passed newborn screening but are at risk for delayed or late onset of permanent
35.10 (3) designing a technical assistance program to support facilities implementing the
35.11screening program and facilities conducting rescreening and diagnostic audiological
35.13 (4) designing implementation and evaluation of a system of follow-up and tracking;
35.15 (5) evaluating program outcomes to increase effectiveness and efficiency and ensure
35.16culturally appropriate services for children with a confirmed hearing loss and their families.
35.17 (b) Membership of the committee shall include at least one member from each of the
35.18following groups with no less than two of the members being deaf or hard-of-hearing:
35.19 (1) a representative from a consumer organization representing culturally deaf
35.21 (2) a parent with a child with hearing loss representing a parent organization;
35.22 (3) a consumer from an organization representing oral communication options;
35.23 (4) a consumer from an organization representing cued speech communication
35.25 (5) an audiologist who has experience in evaluation and intervention of infants
35.26and young children;
35.27 (6) a speech-language pathologist who has experience in evaluation and intervention
35.28of infants and young children;
35.29 (7) two primary care providers who have experience in the care of infants and young
35.30children, one of which shall be a pediatrician;
35.31 (8) a representative from the early hearing detection intervention teams;
35.32 (9) a representative from the Department of Education resource center for the deaf
35.33and hard-of-hearing or their designee;
35.34 (10) a representative of the Minnesota Commission Serving Deaf and Hard of
36.1 (11) a representative from the Department of Human Services Deaf and Hard of
36.2Hearing Services Division;
36.3 (12) one or more of the Part C coordinators from the Department of Education, the
36.4Department of Health, or the Department of Human Services or their designee;
36.5 (13) the Department of Health early hearing detection and intervention coordinator;
36.6 (14) two birth hospital representatives from one rural and one urban hospital;
36.7 (15) a pediatric geneticist;
36.8 (16) an otolaryngologist;
36.9 (17) a representative from the Newborn Screening Advisory Committee under
36.10this subdivision; and
36.11 (18) a representative of the Department of Education regional low-incidence
36.13 The Department of Health member shall chair the first meeting of the committee.
36.14At the first meeting, the committee shall elect a chairperson from its membership. The
36.15committee shall meet at the call of the chairperson, at least four times a year. The
36.16committee shall adopt written bylaws to govern its activities. The Department of Health
36.17shall provide technical and administrative support services as required by the committee.
36.18These services shall include technical support from individuals qualified to administer
36.19infant hearing screening, rescreening, and diagnostic audiological assessments.
36.20 Members of the committee shall receive no compensation for their service, but
36.21shall be reimbursed for expenses incurred as a result of their duties as members of the
36.23 Subd. 3. Newborn and infant hearing screening programs. All hospitals shall
36.24establish a Universal Newborn Hearing and Infant Screening (UNHS) program. Each
36.25UNHS program shall:
36.26 (1) in advance of any hearing screening testing, provide to the newborn's or infant's
36.27parents information concerning the nature of the screening procedure, applicable costs of
36.28the screening procedure, the potential risks and effects of hearing loss, and the benefits of
36.29early detection and intervention;
36.30 (2) comply with parental consent under section 144.125, subdivision 3;
36.31 (3) develop policies and procedures for screening and rescreening based on
36.32Department of Health recommendations;
36.33 (4) provide appropriate training and monitoring of individuals responsible for
36.34performing hearing screening tests as recommended by the Department of Health;
37.1 (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to
37.2remain in the hospital for a prolonged period, testing shall be performed prior to three
37.3months of age, or when medically feasible;
37.4 (6) develop and implement procedures for documenting the results of all hearing
37.6 (7) inform the baby's parents or parent, primary care physician, and the Department
37.7of Health according to recommendations of the Department of Health of the results of the
37.8hearing screening test or rescreening if conducted, or if the newborn or infant was not
37.9successfully tested. The hospital that discharges the baby to home is responsible for
37.10the screening; and
37.11 (8) collect performance data specified by the Department of Health.
37.12 Subd. 4. Notification and information. (a) Notification to the parents, primary
37.13care provider, and Department of Health shall occur prior to discharge or no later than ten
37.14days following the date of testing. Notification shall include information recommended by
37.15the Department of Health.
37.16 (b) A physician, nurse, midwife, or other health professional attending a birth outside
37.17a hospital or institution shall provide information, orally and in writing, as established by
37.18the Department of Health, to parents regarding places where the parents may have their
37.19infants' hearing screened and the importance of such screening.
37.20 (c) The professional conducting the diagnostic procedure to confirm the hearing loss
37.21must report the results to the parents, primary care provider, and Department of Health
37.22according to the Department of Health recommendations.
37.23 Subd. 5. Oversight responsibility. The Department of Health shall exercise
37.24oversight responsibility for UNHS programs, including establishing a performance data
37.25set and reviewing performance data collected by each hospital.
37.26 Subd. 6. Civil and criminal immunity and penalties. (a) No physician or hospital
37.27shall be civilly or criminally liable for failure to conduct hearing screening testing.
37.28 (b) No physician, midwife, nurse, other health professional, or hospital acting in
37.29compliance with this section shall be civilly or criminally liable for any acts conforming
37.30with this section, including furnishing information required according to this section.
37.31 Subd. 7. Laboratory service fees. The commissioner shall charge laboratory
37.32service fees according to section 16A.1285 so that the total of fees collected will
37.33approximate the costs of implementing and maintaining a system to follow up infants,
37.34provide technical assistance, a tracking system, data management, and evaluation.
37.35EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 25. [144.967] ARSENIC HEALTH RISK STANDARD.
38.2 Subdivision 1. Arsenic health risk standard established. The commissioner of
38.3health in cooperation with the commissioners of agriculture and the Pollution Control
38.4Agency responsible for monitoring land and water cleanup and soil contamination
38.5information shall determine a health risk standard for human exposure to arsenic. The
38.6commissioner of health shall ensure that the established arsenic health risk standard is
38.7included in all information provided to the public.
38.8 Subd. 2. Information. The commissioner of health, in consultation with the
38.9commissioners of agriculture and the Pollution Control Agency with jurisdiction over
38.10soil and water contamination, shall establish a central information source available to
38.11the public to provide accurate information on arsenic soil and water contamination in
38.13 Subd. 3. Testing for arsenic. (a) The commissioner of health shall ensure access
38.14to medical testing for arsenical pesticide exposure to persons living within one mile of
38.15the CMC Heartland Lite Yard Superfund site who are not covered by health insurance or
38.17 (b) Through an agreement with the United States Environmental Protection Agency,
38.18the commissioner shall ensure soil testing is available to households within one mile of the
38.19CMC Heartland Lite Yard Superfund site at no cost to the residents.
38.20 Subd. 4. Evaluation. The commissioner of health shall evaluate the cumulative
38.21health impact burdens of environmental toxins in the residential communities impacted by
38.22arsenic-contaminated soil from the CMC Heartland Lite Yard Superfund site. The first
38.23priority shall be to evaluate health burdens to those communities experiencing health
38.24disparities as documented by the Minority and Multicultural Health Division of the
38.25Minnesota Department of Health.
Sec. 26. [144.995] DEFINITIONS.
38.27 (a) For purposes of sections 144.995 to 144.998, the terms in this section have
38.28the meanings given.
38.29 (b) "Advisory panel" means the Environmental Health Tracking and Biomonitoring
38.30Advisory Panel established under section 144.998.
38.31 (c) "Biomonitoring" means the process by which chemicals and their metabolites are
38.32identified and measured within a biospecimen.
38.33 (d) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably
38.34available as a medium to measure the presence and concentration of chemicals or their
38.35metabolites in a human body.
39.1 (e) "Commissioner" means the commissioner of the Department of Health.
39.2 (f) "Community" means geographically or nongeographically-based populations
39.3that may participate in the biomonitoring program. A "nongeographical community"
39.4includes, but is not limited to, populations that may share a common chemical exposure
39.5through similar occupations, populations experiencing a common health outcome that
39.6may be linked to chemical exposures, or populations that may experience similar chemical
39.7exposures because of comparable consumption, lifestyle, product use, or subpopulations
39.8that share ethnicity, age, or gender.
39.9 (g) "Department" means the Department of Health.
39.10 (h) "Designated chemicals" means those chemicals that are known to, or strongly
39.11suspected of, adversely impacting human health or development, based upon scientific,
39.12peer-reviewed animal, human, or in vitro studies, and baseline human exposure data,
39.13and consists of chemical families or metabolites that are included in the federal Centers
39.14for Disease Control and Prevention studies that are known collectively as the National
39.15Reports on Human Exposure to Environmental Chemicals program and any substances
39.16specified under section 144.998, subdivision 3, clause (6).
39.17 (i) "Environmental hazard" means a chemical, metal, or other substance for which
39.18scientific, peer-reviewed studies of humans, animals, or cells have demonstrated that the
39.19chemical is known or reasonably anticipated to adversely impact human health.
39.20 (j) "Environmental health tracking" means collection, integration, analysis, and
39.21dissemination of data on human exposures to chemicals in the environment and on
39.22diseases potentially caused or aggravated by those chemicals.
Sec. 27. [144.996] ENVIRONMENTAL HEALTH TRACKING;
39.25 Subdivision 1. Environmental health tracking. In cooperation with the
39.26commissioner of the Pollution Control Agency, the commissioner shall establish an
39.27environmental health tracking program to:
39.28 (1) coordinate data collection activities with the Pollution Control Agency,
39.29Department of Agriculture, University of Minnesota, and any other relevant state agency
39.30and work to promote the sharing of and access to health and environmental databases
39.31in order to develop an environmental health tracking system for Minnesota, consistent
39.32with applicable data practices laws;
39.33 (2) facilitate the dissemination of public health tracking data to the public and
39.34researchers in accessible format and provide technical assistance on interpreting the data;
40.1 (3) develop written data sharing agreements with the Minnesota Pollution Control
40.2Agency, Department of Agriculture, and other relevant state agencies and organizations,
40.3and develop additional procedures as needed to protect individual privacy;
40.4 (4) develop a strategic plan that includes a mission statement, the identification of
40.5core priorities for research and epidemiologic surveillance, the identification of internal
40.6and external stakeholders, and a work plan describing future program development;
40.7 (5) organize, analyze, and interpret available data, in order to:
40.8 (i) characterize statewide and localized trends and geographic patterns of prevalence
40.9and incidence of chronic diseases, including, but not limited to, cancer, respiratory
40.10diseases, reproductive problems, birth defects, neurologic diseases, and developmental
40.12 (ii) recommend to the commissioner methods to improve data collection on
40.13statewide population rates of chronic diseases and the occurrence of environmental
40.14hazards and exposures;
40.15 (iii) characterize statewide and localized trends and geographic patterns in the
40.16occurrence of environmental hazards and exposures;
40.17 (iv) assess the level of correlation with disease rate data and indicators of exposure
40.18such as biomonitoring data, and other health and environmental data;
40.19 (v) incorporate newly collected and existing health tracking and biomonitoring
40.20data into efforts to identify communities with elevated rates of chronic disease, higher
40.21likelihood of exposure to environmental pollutants, or both;
40.22 (vi) analyze occurrence of environmental hazards, exposures, and diseases with
40.23relation to socioeconomic status, race, and ethnicity;
40.24 (vii) develop and implement targeted plans to conduct more intensive health tracking
40.25and biomonitoring among communities;
40.26 (viii) work with the Pollution Control Agency, the Department of Agriculture, and
40.27other relevant state agency personnel and organizations to develop, implement, and
40.28evaluate preventive measures to reduce elevated rates of diseases and exposures identified
40.29through activities performed under sections 144.995 to 144.998; and
40.30 (ix) provide baseline data and present descriptive information relevant to policy
40.31formation that are consistent with existing goals of the department; and
40.32 (6) submit a biennial report to the legislature by January 15, beginning January
40.3315, 2009, on the status of environmental health tracking activities and related research
40.34programs, and making recommendations regarding the continuation and improvement of
40.36 Subd. 2. Biomonitoring. The commissioner shall:
41.1 (1) conduct biomonitoring of communities on a voluntary basis by collecting and
41.2analyzing biospecimens, as appropriate, to assess environmental exposures to designated
41.4 (2) conduct biomonitoring of pregnant women and minors on a voluntary basis,
41.5when scientifically appropriate;
41.6 (3) communicate findings to the public, and plan ensuing stages of biomonitoring
41.7and disease tracking work to further develop and refine the integrated analysis;
41.8 (4) share analytical results with the advisory panel and work with the panel
41.9to interpret results, communicate findings to the public, and plan ensuing stages of
41.10biomonitoring work; and
41.11 (5) submit a biennial report to the legislature by January 15, beginning January
41.1215, 2009, on the status of the biomonitoring program and any recommendations for
41.14 Subd. 3. Health data. Data collected under the biomonitoring program are health
41.15data under section 13.3805.
Sec. 28. [144.997] BIOMONITORING PILOT PROGRAM.
41.17 Subdivision 1. Pilot program. With advice from the advisory panel, the
41.18commissioner shall develop a biomonitoring pilot program. The program shall collect
41.19one biospecimen from each of the voluntary participants. The biospecimen selected must
41.20be the biospecimen that most accurately represents body concentration of the chemical
41.21of interest. Each biospecimen from the voluntary participants must be analyzed for one
41.22type or class of related chemicals or metals, based on recommendations from the advisory
41.23panel. The panel shall determine the chemical or class of chemicals that community
41.24members were most likely exposed to. The program shall collect and assess biospecimens
41.25in accordance with the following:
41.26 (1) 30 voluntary participants from each of three communities that the advisory panel
41.27identifies as likely to have been exposed to a designated chemical;
41.28 (2) 100 voluntary participants from each of two communities: (i) that the advisory
41.29panel identifies as likely to have been exposed to arsenic and (ii) that the advisory panel
41.30identifies as likely to have been exposed to mercury; and
41.31 (3) 100 voluntary participants from each of two communities that the advisory panel
41.32identifies as likely to have been exposed to perfluorinated chemicals.
41.33 Subd. 2. Base program. Following the conclusion of the pilot program and within
41.34the appropriations available, the program shall:
42.1 (1) collect and assess biospecimens from at least as many voluntary participants and
42.2communities as identified in subdivision 1, clause (1); and
42.3 (2) work with the advisory panel to assess the usefulness of continuing biomonitoring
42.4among members of communities assessed during the initial phase of the program,
42.5and to identify other communities and other designated chemicals to be assessed via
42.7 Subd. 3. Participation. (a) Participation in the biomonitoring program by providing
42.8biospecimens is voluntary and requires written, informed consent. Minors may participate
42.9in the program if a written consent is signed by the minor's parent or legal guardian.
42.10The written consent must include the information required to be provided under this
42.11subdivision to all voluntary participants.
42.12 (b) All participants shall be evaluated for the presence of the designated chemical
42.13of interest as a component of the biomonitoring process. Participants shall be provided
42.14with information and fact sheets about the program's activities and its findings.
42.15Individual participants shall, if requested, receive their complete results. Any results
42.16provided to participants shall be subject to the Department of Health Institutional
42.17Review Board protocols and guidelines. When either physiological or chemical data
42.18obtained from a participant indicate a significant known health risk, program staff
42.19experienced in communicating biomonitoring results shall consult with the individual
42.20and recommend follow-up steps, as appropriate. Program administrators shall receive
42.21training in administering the program in an ethical, culturally sensitive, participatory,
42.22and community-based manner.
42.23 Subd. 4. Program guidelines. (a) The commissioner, in consultation with the
42.24advisory panel, shall develop:
42.25 (1) protocols or program guidelines that address the science and practice of
42.26biomonitoring to be utilized and procedures for changing those protocols to incorporate
42.27new and more accurate or efficient technologies as they become available. The protocols
42.28shall be developed utilizing a peer-review process in a manner that is participatory and
42.29community-based in design, implementation, and evaluation;
42.30 (2) guidelines for ensuring the privacy of information; informed consent; follow-up
42.31counseling and support; and communicating findings to participants, communities, and
42.32the general public. The informed consent used for the program must meet the informed
42.33consent protocols developed by the National Institutes of Health;
42.34 (3) educational and outreach materials that are culturally appropriate for
42.35dissemination to program participants and communities. Priority shall be given to the
42.36development of materials specifically designed to ensure that parents are informed about
43.1all of the benefits of breastfeeding so that the program does not result in an unjustified fear
43.2of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding.
43.3The materials shall communicate relevant scientific findings; data on the accumulation
43.4of pollutants to community health; and the required responses by local, state, and other
43.5governmental entities in regulating toxicant exposures;
43.6 (4) a training program that is culturally sensitive specifically for health care
43.7providers, health educators, and other program administrators;
43.8 (5) a designation process for state and private laboratories that are qualified to
43.9analyze biospecimens and report the findings; and
43.10 (6) a method for informing affected communities and local governments representing
43.11those communities concerning biomonitoring activities and for receiving comments from
43.12citizens concerning those activities.
43.13 (b) The commissioner may enter into contractual agreements with health clinics,
43.14community-based organizations, or experts in a particular field to perform any of the
43.15activities described under this section.
Sec. 29. [144.998] ENVIRONMENTAL HEALTH TRACKING AND
43.17BIOMONITORING ADVISORY PANEL.
43.18 Subdivision 1. Creation. The commissioner shall establish the Environmental
43.19Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint,
43.20from the panel's membership, a chair. The panel shall meet as often as it deems necessary
43.21but, at a minimum, on a quarterly basis. Members of the panel shall serve without
43.22compensation but shall be reimbursed for travel and other necessary expenses incurred
43.23through performance of their duties. Members appointed under this subdivision are
43.24appointed for a three-year term and may be reappointed.
43.25 Subd. 2. Members. The commissioner shall appoint eight members, none of whom
43.26may be lobbyists registered under chapter 10A, who have backgrounds or training in
43.27designing, implementing, and interpreting health tracking and biomonitoring studies or
43.28in related fields of science, including epidemiology, biostatistics, environmental health,
43.29laboratory sciences, occupational health, industrial hygiene, toxicology, and public health,
43.31 (1) two scientists who represent nongovernmental organizations with a focus on
43.32environmental health, environmental justice, children's health, or on specific chronic
43.34 (2) one scientist who is a representative of the University of Minnesota.
44.1 In addition, the commissioner shall appoint one member representing each of the
44.2following departments or divisions: the department's health promotion and chronic disease
44.3division, the Pollution Control Agency, and the Department of Agriculture.
44.4 Subd. 3. Duties. The advisory panel shall make recommendations to the
44.5commissioner and the legislature on:
44.6 (1) priorities for health tracking;
44.7 (2) priorities for biomonitoring that are based on sound science and practice, and
44.8that will advance the state of public health in Minnesota;
44.9 (3) specific chronic diseases to study under the environmental health tracking system;
44.10 (4) specific environmental pollutant exposures to study under the environmental
44.11health tracking system, with the agreement of at least seven of the advisory panel members;
44.12 (5) specific communities and geographic areas on which to focus environmental
44.13health tracking and biomonitoring efforts;
44.14 (6) specific chemicals and metals to study under the biomonitoring program that meet
44.15the following criteria, with the agreement of at least seven of the advisory panel members:
44.16 (i) the degree of potential exposure to the public or specific subgroups, including,
44.17but not limited to, occupational;
44.18 (ii) the likelihood of a chemical being a carcinogen or toxicant based on
44.19peer-reviewed health data, the chemical structure, or the toxicology of chemically related
44.21 (iii) the limits of laboratory detection for the chemical, including the ability to detect
44.22the chemical at low enough levels that could be expected in the general population;
44.23 (iv) exposure or potential exposure to the public or specific subgroups;
44.24 (v) the known or suspected health effects resulting from the same level of exposure
44.25based on peer-reviewed scientific studies;
44.26 (vi) the need to assess the efficacy of public health actions to reduce exposure to a
44.28 (vii) the availability of a biomonitoring analytical method with adequate accuracy,
44.29precision, sensitivity, specificity, and speed;
44.30 (viii) the availability of adequate biospecimen samples; and
44.31 (ix) other criteria that the panel may agree to; and
44.32 (7) other aspects of the design, implementation, and evaluation of the environmental
44.33health tracking and biomonitoring system, including, but not limited to:
44.34 (i) identifying possible community partners and sources of additional public or
44.36 (ii) developing outreach and educational methods and materials; and
45.1 (iii) disseminating environmental health tracking and biomonitoring findings to
45.3 Subd. 4. Liability. No member of the panel shall be held civilly or criminally liable
45.4for an act or omission by that person if the act or omission was in good faith and within
45.5the scope of the member's responsibilities under sections 144.995 to 144.998.
Sec. 30. Minnesota Statutes 2006, section 144E.101, subdivision 6, is amended to read:
Subd. 6. Basic life support.
(a) Except as provided in paragraph (e), a basic life
support ambulance shall be staffed by at least two ambulance service personnel, at least
one of which must be an EMT, who provide a level of care so as to ensure that:
(1) life-threatening situations and potentially serious injuries are recognized;
(2) patients are protected from additional hazards;
(3) basic treatment to reduce the seriousness of emergency situations is administered;
(4) patients are transported to an appropriate medical facility for treatment.
(b) A basic life support service shall provide basic airway management.
(c) By January 1, 2001, a basic life support service shall provide automatic
defibrillation, as provided in section
144E.103, subdivision 1
, paragraph (b).
(d) A basic life support service licensee's medical director may authorize the
ambulance service personnel to carry and to use medical antishock trousers and to perform
intravenous infusion if the ambulance service personnel have been properly trained.
(e) Upon application from an ambulance service that includes evidence
demonstrating hardship, the board may grant a
variance from the staff
requirements in paragraph (a) and may authorize a basic life support ambulance to be
staffed by one EMT and one first responder. The variance shall apply to basic life support
ambulances operated by the ambulance service
for up to one year from the date of the
45.26 variance's issuance until the ambulance service renews its license
. When a variance
expires, an ambulance service may apply for a new variance under this paragraph. For
purposes of this paragraph, "ambulance service" means either an ambulance service whose
primary service area is located outside the metropolitan counties listed in section
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
Cloud; or an ambulance service based in a community with a population of less than 1,000.
Sec. 31. Minnesota Statutes 2006, section 144E.127, is amended to read:
45.33144E.127 INTERHOSPITAL; INTERFACILITY TRANSFER.
45.34 Subdivision 1. Interhospital transfers.
When transporting a patient from one
licensed hospital to another, a licensee may substitute for one of the required ambulance
service personnel, a physician, a registered nurse, or physician's assistant who has been
trained to use the equipment in the ambulance and is knowledgeable of the licensee's
ambulance service protocols.
46.4 Subd. 2. Interfacility transfers. In an interfacility transport, a licensee whose
46.5primary service area is located outside the metropolitan counties listed in section 473.121,
46.6subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
46.7Cloud; or an ambulance service based in a community with a population of less than 1,000,
46.8may substitute one EMT with a registered first responder if an EMT or EMT-paramedic,
46.9physician, registered nurse, or physician's assistant is in the patient compartment. If using
46.10a physician, registered nurse, or physician's assistant as the sole provider in the patient
46.11compartment, the individual must be trained to use the equipment in the ambulance and be
46.12knowledgeable of the ambulance service protocols.
Sec. 32. Minnesota Statutes 2006, section 144E.35, subdivision 1, is amended to read:
Subdivision 1. Repayment for volunteer training.
Any political subdivision, or
46.15 nonprofit hospital or nonprofit corporation operating
A licensed ambulance service shall
be reimbursed by the board for the necessary expense of the initial training of a volunteer
ambulance attendant upon successful completion by the attendant of a basic emergency
care course, or a continuing education course for basic emergency care, or both, which has
been approved by the board, pursuant to section
. Reimbursement may include
tuition, transportation, food, lodging, hourly payment for the time spent in the training
course, and other necessary expenditures, except that in no instance shall a volunteer
ambulance attendant be reimbursed more than
for successful completion of a
basic course, and
for successful completion of a continuing education course.
Sec. 33. Minnesota Statutes 2006, section 145A.17, is amended to read:
46.25145A.17 FAMILY HOME VISITING PROGRAMS.
Subdivision 1. Establishment; goals.
The commissioner shall establish a program
to fund family home visiting programs designed to foster
beginning for children
46.28 in families at or below 200 percent of the federal poverty guidelines beginnings, improve
46.29pregnancy outcomes, promote school readiness
, prevent child abuse and neglect, reduce
juvenile delinquency, promote positive parenting and resiliency in children, and promote
family health and economic self-sufficiency for children and families. The commissioner
46.32shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of
46.33professionals and paraprofessionals from the fields of public health nursing, social work,
46.34and early childhood education
. A program funded under this section must serve families
at or below 200 percent of the federal poverty guidelines, and other families determined
to be at risk, including but not limited to being at risk for child abuse, child neglect, or
juvenile delinquency. Programs must
give priority for services to families considered to
47.3 be in need of services, including but not limited to begin prenatally whenever possible and
47.4must be targeted to
(1) adolescent parents;
(2) a history of alcohol or other drug abuse;
(3) a history of child abuse, domestic abuse, or other types of violence;
(4) a history of domestic abuse, rape, or other forms of victimization;
(5) reduced cognitive functioning;
(6) a lack of knowledge of child growth and development stages;
(7) low resiliency to adversities and environmental stresses;
(8) insufficient financial resources to meet family needs;
47.13 (9) a history of homelessness;
47.14 (10) a risk of long-term welfare dependence or family instability due to employment
47.16 (11) other risk factors as determined by the commissioner
Subd. 3. Requirements for programs; process.
Before a community health
47.18 board or tribal government may receive an allocation under subdivision 2, a community
47.19 health board or tribal government must submit a proposal to the commissioner that
47.20 includes identification, based on a community assessment, of the populations at or below
47.21 200 percent of the federal poverty guidelines that will be served and the other populations
47.22 that will be served. Each program that receives funds must Community health boards
47.23and tribal governments that receive funding under this section must submit a plan to
47.24the commissioner describing a multidisciplinary approach to targeted home visiting for
47.25families. The plan must be submitted on forms provided by the commissioner. At a
47.26minimum, the plan must include the following
47.27 (1) a description of outreach strategies to families prenatally or at birth;
47.28 (2) provisions for the seamless delivery of health, safety, and early learning services;
47.29 (3) methods to promote continuity of services when families move within the state;
47.30 (4) a description of the community demographics;
47.31 (5) a plan for meeting outcome measures; and
47.32 (6) a proposed work plan that includes:
47.33 (i) coordination to ensure nonduplication of services for children and families;
47.34 (ii) a description of the strategies to ensure that children and families at greatest risk
47.35receive appropriate services; and
48.1 (iii) collaboration with multidisciplinary partners including public health,
48.2ECFE, Head Start, community health workers, social workers, community home
48.3visiting programs, school districts, and other relevant partners. Letters of intent from
48.4multidisciplinary partners must be submitted with the plan.
48.5 (b) Each program that receives funds must accomplish the following program
or selective community-based
provide preventive and early intervention home visiting services;
(2) offer a home visit by a trained home visitor. If a home visit is accepted, the first
home visit must occur prenatally or as soon after birth as possible and must include a
public health nursing assessment by a public health nurse;
(3) offer, at a minimum, information on infant care, child growth and development,
positive parenting, preventing diseases, preventing exposure to environmental hazards,
and support services available in the community;
(4) provide information on and referrals to health care services, if needed, including
information on and assistance in applying for
health care coverage for which the child or
family may be eligible; and provide information on preventive services, developmental
assessments, and the availability of public assistance programs as appropriate;
(5) provide youth development programs when appropriate
(6) recruit home visitors who will represent, to the extent possible, the races,
cultures, and languages spoken by families that may be served;
(7) train and supervise home visitors in accordance with the requirements established
under subdivision 4;
(8) maximize resources and minimize duplication by coordinating
with local social and human services organizations, education organizations,
and other appropriate governmental entities and community-based organizations and
(9) utilize appropriate racial and ethnic approaches to providing home visiting
48.30 (10) connect eligible families, as needed, to additional resources available in the
48.31community, including, but not limited to, early care and education programs, health or
48.32mental health services, family literacy programs, employment agencies, social services,
48.33and child care resources and referral agencies
48.34 (c) When available, programs that receive funds under this section must offer or
48.35provide the family with a referral to center-based or group meetings that meet at least
48.36once per month for those families identified with additional needs. The meetings must
49.1focus on further enhancing the information, activities, and skill-building addressed during
49.2home visitation; offering opportunities for parents to meet with and support each other;
49.3and offering infants and toddlers a safe, nurturing, and stimulating environment for
49.4socialization and supervised play with qualified teachers.
Funds available under this section shall not be used for medical services. The
commissioner shall establish an administrative cost limit for recipients of funds. The
outcome measures established under subdivision 6 must be specified to recipients of
funds at the time the funds are distributed.
Data collected on individuals served by the home visiting programs must
remain confidential and must not be disclosed by providers of home visiting services
without a specific informed written consent that identifies disclosures to be made.
Upon request, agencies providing home visiting services must provide recipients with
information on disclosures, including the names of entities and individuals receiving the
information and the general purpose of the disclosure. Prospective and current recipients
of home visiting services must be told and informed in writing that written consent for
disclosure of data is not required for access to home visiting services.
Subd. 4. Training.
The commissioner shall establish training requirements for
home visitors and minimum requirements for supervision
by a public health nurse
requirements for nurses must be consistent with chapter 148. The commissioner must
49.20provide training for home visitors.
Training must include
child development, positive
49.21 parenting techniques, screening and referrals for child abuse and neglect, and diverse
49.22 cultural practices in child rearing and family systems the following:
49.23 (1) effective relationships for engaging and retaining families and ensuring family
49.24health, safety, and early learning;
49.25 (2) effective methods of implementing parent education, conducting home visiting,
49.26and promoting quality early childhood development;
49.27 (3) early childhood development from birth to age five;
49.28 (4) diverse cultural practices in child rearing and family systems;
49.29 (5) recruiting, supervising, and retaining qualified staff;
49.30 (6) increasing services for underserved populations; and
49.31 (7) relevant issues related to child welfare and protective services, with information
49.32provided being consistent with state child welfare agency training
Subd. 5. Technical assistance.
The commissioner shall provide administrative
and technical assistance to each program, including assistance in data collection and
other activities related to conducting short- and long-term evaluations of the programs
as required under subdivision 7. The commissioner may request research and evaluation
support from the University of Minnesota.
Subd. 6. Outcome and performance measures.
The commissioner shall establish
to determine the impact of family home visiting programs funded
under this section on the following areas:
(1) appropriate utilization of preventive health care;
(2) rates of substantiated child abuse and neglect;
(3) rates of unintentional child injuries;
(4) rates of children who are screened and who pass early childhood screening;
(5) rates of children accessing early care and educational services;
50.11 (6) program retention rates;
50.12 (7) number of home visits provided compared to the number of home visits planned;
50.13 (8) participant satisfaction;
50.14 (9) rates of at-risk populations reached; and
any additional qualitative goals and quantitative measures established by the
Subd. 7. Evaluation.
Using the qualitative goals and quantitative outcome and
measures established under subdivisions 1 and 6, the commissioner shall
conduct ongoing evaluations of the programs funded under this section. Community
health boards and tribal governments shall cooperate with the commissioner in the
evaluations and shall provide the commissioner with the information necessary to conduct
the evaluations. As part of the ongoing evaluations, the commissioner shall rate the impact
of the programs on the outcome measures listed in subdivision 6, and shall periodically
determine whether home visiting programs are the best way to achieve the qualitative
goals established under subdivisions 1 and 6. If the commissioner determines that home
visiting programs are not the best way to achieve these goals, the commissioner shall
provide the legislature with alternative methods for achieving them.
Subd. 8. Report.
By January 15, 2002, and January 15 of each even-numbered
year thereafter, the commissioner shall submit a report to the legislature on the family
home visiting programs funded under this section and on the results of the evaluations
conducted under subdivision 7.
Subd. 9. No supplanting of existing funds.
Funding available under this section
may be used only to supplement, not to replace, nonstate funds being used for home
visiting services as of July 1, 2001.
Sec. 34. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
51.3 Subd. 10a. Program for the Assessment of Veterinary Education Equivalence;
51.4PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence"
51.5or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
51.6indicating that the holder has demonstrated knowledge and skill equivalent to that
51.7possessed by a graduate of an accredited or approved college of veterinary medicine.
Sec. 35. [156.015] FEES.
51.9 Subdivision 1. Verification of licensure. The board may charge a fee of $25 per
51.10license verification to a licensee for verification of licensure status provided to other
51.11veterinary licensing boards.
51.12 Subd. 2. Continuing education review. The board may charge a fee of $50 per
51.13submission to a sponsor for review and approval of individual continuing education
51.14seminars, courses, wet labs, and lectures. This fee does not apply to continuing education
51.15sponsors that already meet the criteria for preapproval under Minnesota Rules, part
51.169100.1000, subpart 3, item A.
Sec. 36. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
Subdivision 1. License application.
Application for a license to practice veterinary
medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
form furnished by the board, accompanied by satisfactory evidence that the applicant is at
least 18 years of age, is of good moral character, and has one of the following:
(1) a diploma conferring the degree of doctor of veterinary medicine, or an
equivalent degree, from an accredited or approved college of veterinary medicine;
(2) an ECFVG or PAVE
(3) a certificate from the dean of an accredited or approved college of veterinary
medicine stating that the applicant is a student in good standing expecting to be graduated
at the completion of the current academic year of the college in which the applicant is
The application shall contain the information and material required by subdivision
2 and any other information that the board may, in its sound judgment, require. The
application shall be filed with the board at least 60 days before the date of the examination.
If the board deems it advisable, it may require that such application be verified by the
oath of the applicant.
Sec. 37. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
Subd. 2. Required with application.
Every application shall contain the following
information and material:
(1) the application fee set by the board in the form of a check or money order payable
to the board, which fee is not returnable in the event permission to take the examination
is denied for good cause;
(2) a copy of a diploma from an accredited or approved college of veterinary
medicine or a certificate from the dean or secretary of an accredited or approved college of
veterinary medicine showing the time spent in the school and the date when the applicant
was duly and regularly graduated or will duly and regularly graduate or verification of
ECFVG or PAVE
(3) affidavits of at least two veterinarians and three adults who are not related to
the applicant setting forth how long a time, when, and under what circumstances they
have known the applicant, and any other facts as may be proper to enable the board to
determine the qualifications of the applicant; and
(4) if the applicant has served in the armed forces, a copy of discharge papers.
Sec. 38. Minnesota Statutes 2006, section 156.04, is amended to read:
52.17156.04 BOARD TO ISSUE LICENSE.
The Board of Veterinary Medicine shall issue to every applicant who has successfully
passed the required examination, who has received a diploma conferring the degree of
doctor of veterinary medicine or an equivalent degree from an accredited or approved
college of veterinary medicine or an ECFVG or PAVE
certificate, and who shall have been
adjudged to be duly qualified to practice veterinary medicine, a license to practice.
Sec. 39. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
Subd. 2. Required with application.
Such doctor of veterinary medicine shall
accompany the application by the following:
(1) a copy of a diploma from an accredited or approved college of veterinary
medicine or certification from the dean, registrar, or secretary of an accredited or approved
college of veterinary medicine attesting to the applicant's graduation from an accredited
or approved college of veterinary medicine, or a certificate of satisfactory completion of
the ECFVG or PAVE
(2) affidavits of two licensed practicing doctors of veterinary medicine residing in
the United States or Canadian licensing jurisdiction in which the applicant is currently
practicing, attesting that they are well acquainted with the applicant, that the applicant is a
person of good moral character, and has been actively engaged in practicing or teaching in
such jurisdiction for the period above prescribed;
(3) a certificate from the regulatory agency having jurisdiction over the conduct of
practice of veterinary medicine that such applicant is in good standing and is not the
subject of disciplinary action or pending disciplinary action;
(4) a certificate from all other jurisdictions in which the applicant holds a currently
active license or held a license within the past ten years, stating that the applicant is and
was in good standing and has not been subject to disciplinary action;
(5) in lieu of clauses (3) and (4), certification from the Veterinary Information
Verification Agency that the applicant's licensure is in good standing;
(6) a fee as set by the board in form of check or money order payable to the board,
no part of which shall be refunded should the application be denied;
(7) score reports on previously taken national examinations in veterinary medicine,
certified by the Veterinary Information Verification Agency; and
(8) if requesting waiver of examination, provide evidence of meeting licensure
requirements in the state of the applicant's original licensure that were substantially equal
to the requirements for licensure in Minnesota in existence at that time.
Sec. 40. Minnesota Statutes 2006, section 156.073, is amended to read:
53.17156.073 TEMPORARY PERMIT.
The board may issue without examination a temporary permit to practice veterinary
medicine in this state to a person who has submitted an application approved by the
board for license pending examination, and holds a doctor of veterinary medicine degree
or an equivalent degree from an approved or accredited college of veterinary medicine
or an ECFVG or PAVE
certification. The temporary permit shall expire the day after
publication of the notice of results of the first examination given after the permit is
issued. No temporary permit may be issued to any applicant who has previously failed
the national examination and is currently not licensed in any licensing jurisdiction of the
United States or Canada or to any person whose license has been revoked or suspended
or who is currently subject to a disciplinary order in any licensing jurisdiction of the
United States or Canada.
Sec. 41. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
Subd. 2. Authorized activities.
No provision of this chapter shall be construed to
(a) a person from rendering necessary gratuitous assistance in the treatment of any
animal when the assistance does not amount to prescribing, testing for, or diagnosing,
operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
(b) a person who is a regular student in an accredited or approved college of
veterinary medicine from performing duties or actions assigned by instructors or
preceptors or working under the direct supervision of a licensed veterinarian;
(c) a veterinarian regularly licensed in another jurisdiction from consulting with a
licensed veterinarian in this state;
(d) the owner of an animal and the owner's regular employee from caring for and
administering to the animal belonging to the owner, except where the ownership of the
animal was transferred for purposes of circumventing this chapter;
(e) veterinarians who are in compliance with subdivision 6 and who are employed by
the University of Minnesota from performing their duties with the College of Veterinary
Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
Service, Medical School, School of Public Health, or other unit within the university; or
a person from lecturing or giving instructions or demonstrations at the university or in
connection with a continuing education course or seminar to veterinarians or pathologists
at the University of Minnesota Veterinary Diagnostic Laboratory;
(f) any person from selling or applying any pesticide, insecticide or herbicide;
(g) any person from engaging in bona fide scientific research or investigations which
reasonably requires experimentation involving animals;
(h) any employee of a licensed veterinarian from performing duties other than
diagnosis, prescription or surgical correction under the direction and supervision of the
veterinarian, who shall be responsible for the performance of the employee;
(i) a graduate of a foreign college of veterinary medicine from working under the
direct personal instruction, control, or supervision of a veterinarian faculty member of
the College of Veterinary Medicine, University of Minnesota in order to complete the
requirements necessary to obtain an ECFVG or PAVE
Sec. 42. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
Subd. 4. Titles.
It is unlawful for a person who has not received a professional
degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE
certification, to use any of the following titles or designations: Veterinary, veterinarian,
animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
indicate that the person is qualified to practice veterinary medicine.
Sec. 43. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
Subd. 6. Faculty licensure.
(a) Veterinary Medical Center clinicians at the College
of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
the Veterinary Medical Center must possess the same license required by other veterinary
practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
(b) A specialty practitioner in a hard-to-fill faculty position who has been employed
at the College of Veterinary Medicine, University of Minnesota, for five years or
more prior to 2003 or is specialty board certified by the American Veterinary Medical
Association or the European Board of Veterinary Specialization
may be granted a specialty
faculty Veterinary Medical Center clinician license which will allow the licensee to
practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
training and only within the scope of employment at the Veterinary Medical Center.
(c) A specialty practitioner in a hard-to-fill faculty position at the College of
Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
clinician license. The temporary faculty Veterinary Medical Center clinician license
expires in two years and allows the licensee to practice veterinary medicine as defined
in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
The temporary faculty Veterinary Medical Center clinician license allows the licensee to
practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
training and only within the scope of employment at the Veterinary Medical Center while
55.19under the direct supervision of a veterinarian currently licensed and actively practicing
55.20veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
55.21veterinarian shall not have any current or past conditions, restrictions, or probationary
55.22status imposed on the veterinarian's license by the board within the past five years
holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
in a PhD program may apply for up to
two additional consecutive
of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
holder of a temporary faculty Veterinary Medical Center clinician license may apply for
one two-year extension of the expiring temporary faculty Veterinary Medical Center
clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
allowed to expire may not be renewed. The board shall grant an extension to a licensee
who demonstrates suitable progress toward completing the requirements of their academic
program, specialty board certification, or full licensure in Minnesota by a graduate of a
foreign veterinary college.
(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
must abide by all the laws governing the practice of veterinary medicine in the state
of Minnesota and are subject to the same disciplinary action as any other veterinarian
licensed in the state of Minnesota.
(e) The fee for a license issued under this subdivision is the same as for a regular
license to practice veterinary medicine in Minnesota. License payment deadlines, late
payment fees, and other license requirements are also the same as for regular licenses.
Sec. 44. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
Subd. 2. Service.
Service of an order under this section is effective if the order is
served on the person or counsel of record personally or by
certified United States
the most recent address provided to the board for the person or counsel of record.
Sec. 45. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
Subd. 3. Dispensing.
"Dispensing" means distribution of veterinary prescription
drugs or over-the-counter drugs for extra-label use or human drugs for extra-label use
person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
Board of Veterinary Medicine.
Sec. 46. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
Subd. 10. Prescription.
"Prescription" means an order from a veterinarian to a
pharmacist or another veterinarian authorizing the dispensing of
drug drugs, human drugs for extra-label use, or over-the counter drugs for extra-label use
to a client for use on or in a patient.
Sec. 47. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
Subdivision 1. Prescription.
(a) A person may not dispense a veterinary
prescription drug to a client without a prescription or other veterinary authorization. A
person may not make extra-label use of an animal or human drug for an animal without a
prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
drug to drugs, human drugs for extra-label use, or
56.24an over-the-counter drug for extra-label use by
or oversee the extra-label use of
56.25 a veterinary drug directly by a client
without a separate written prescription, providing
there is documentation of the prescription in the medical record and there is
veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use
56.28of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
56.29drugs for extra-label use by a client.
(b) A veterinarian may dispense prescription veterinary drugs and prescribe and
dispense extra-label use drugs to a client without personally examining the animal if
a bona fide veterinarian-client-patient relationship exists and in the judgment of the
veterinarian the client has sufficient knowledge to use the drugs properly.
(c) A veterinarian may issue a prescription or other veterinary authorization by oral or
written communication to the dispenser, or by computer connection. If the communication
is oral, the veterinarian must enter it into the patient's record. The dispenser must record
the veterinarian's prescription or other veterinary authorization within 72 hours.
(d) A prescription or other veterinary authorization must include:
(1) the name, address, and, if written, the signature of the prescriber;
(2) the name and address of the client;
(3) identification of the species for which the drug is prescribed or ordered;
(4) the name, strength, and quantity of the drug;
(5) the date of issue;
(6) directions for use;
(7) withdrawal time
., if applicable; and
57.11 (8) number of authorized refills.
(e) A veterinarian may, in the course of professional practice and an existing
veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
by the United States Food and Drug Administration and other legally obtained ingredients
with appropriate vehicles.
(f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
prescription drugs to a person on the basis of a prescription issued by a licensed
veterinarian. The provisions of paragraphs (c) and (d) apply.
(g) This section does not limit the authority of the Minnesota Racing Commission to
regulate veterinarians providing services at a licensed racetrack.
Sec. 48. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
Subd. 2. Label of dispensed veterinary drugs.
(a) A veterinarian or the
veterinarian's authorized agent or employee
dispensing a veterinary prescription drug
or prescribing the extra-label use of an over-the-counter drug, an over-the-counter drug
57.25for extra-label use, or a human drug for extra-label use
must provide written information
which includes the name and address of the veterinarian, date of filling, species of patient,
name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
and cautionary statements, if any, appropriate for the drug.
(b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
dispenser, all of the information required in paragraph (a) must be provided on a label
affixed to the container.
(c) If the veterinary drug is in the manufacturer's original package, the information
required in paragraph (a) must be supplied in writing but need not be affixed to the
container. Information required in paragraph (a) that is provided by the manufacturer on
the original package does not need to be repeated in the separate written information.
Written information required by this paragraph may be written on the sales invoice.
Sec. 49. Minnesota Statutes 2006, section 156.19, is amended to read:
58.2156.19 EXTRA-LABEL USE.
A person, other than a veterinarian or
a person working under the control an
of a veterinarian, must not make extra-label use of a veterinary drug in or
on a food-producing animal, unless permitted by the prescription of a veterinarian. A
veterinarian may prescribe the extra-label use of a
(1) the veterinarian makes a careful medical diagnosis within the context of a valid
(2) the veterinarian determines that there is no marketed drug specifically labeled to
treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
the judgment of the attending veterinarian, been found to be clinically ineffective;
(3) the veterinarian recommends procedures to ensure that the identity of the treated
animal will be carefully maintained;
(4) the veterinarian prescribes a significantly extended time period for drug
withdrawal before marketing meat, milk, or eggs
58.16 (5) the veterinarian has met the criteria established in Code of Federal Regulations,
58.17title 21, part 530, which define the extra-label use of medication in or on animals.
Sec. 50. Minnesota Statutes 2006, section 198.075, is amended to read:
58.19198.075 MINNESOTA VETERANS HOME EMPLOYEES; EXCLUDED
58.20FROM COMMISSARY PRIVILEGES.
58.21 Except as provided in this section,
no commissary privileges including food, laundry
service, janitorial service, and household supplies shall be furnished to any employee of
the Minnesota veterans homes. An employee of the Minnesota veterans homes who works
58.24a second shift that is consecutive with a regularly scheduled shift may be allowed one free
58.25meal at the veterans home on the day of that extra shift.
Sec. 51. Minnesota Statutes 2006, section 256B.0625, subdivision 14, is amended to
Subd. 14. Diagnostic, screening, and preventive services.
(a) Medical assistance
covers diagnostic, screening, and preventive services.
(b) "Preventive services" include services related to pregnancy, including:
(1) services for those conditions which may complicate a pregnancy and which may
be available to a pregnant woman determined to be at risk of poor pregnancy outcome;
(2) prenatal HIV risk assessment, education, counseling, and testing; and
(3) alcohol abuse assessment, education, and counseling on the effects of alcohol
usage while pregnant. Preventive services available to a woman at risk of poor pregnancy
outcome may differ in an amount, duration, or scope from those available to other
individuals eligible for medical assistance.
(c) "Screening services" include, but are not limited to, blood lead tests. Screening
59.4services also include, for children with blood lead levels equal to or greater than five
59.5micrograms of lead per deciliter of whole blood, environmental investigations to
59.6determine the source of lead exposure. Reimbursement is limited to a health professional's
59.7time and activities during an on-site investigation of a child's home or primary residence.
Sec. 52. Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:
59.10 Subd. 49. Lead risk assessments. (a) Effective October 1, 2007, or six months after
59.11federal approval, whichever is later, medical assistance covers lead risk assessments
59.12provided by a lead risk assessor who is licensed by the commissioner of health under
59.13section 144.9505 and employed by an assessing agency as defined in section 144.9501.
59.14Medical assistance covers a onetime on-site investigation of a recipient's home or primary
59.15residence to determine the existence of lead so long as the recipient is under the age
59.16of 21 and has a venous blood lead level specified in section 144.9504, subdivision 2,
59.18 (b) Medical assistance reimbursement covers the lead risk assessor's time to
59.19complete the following activities:
59.20 (1) gathering samples;
59.21 (2) interviewing family members;
59.22 (3) gathering data, including meter readings; and
59.23 (4) providing a report with the results of the investigation and options for reducing
59.24lead-based paint hazards.
59.25 Medical assistance coverage of lead risk assessment does not include testing of
59.26environmental substances such as water, paint, or soil or any other laboratory services.
59.27Medical assistance coverage of lead risk assessments is not included in the capitated
59.28services for children enrolled in health plans through the prepaid medical assistance
59.29program and the MinnesotaCare program.
59.30 (c) Payment for lead risk assessment must be cost-based and must meet the criteria
59.31for federal financial participation under the Medicaid program. The rate must be based
59.32on allowable expenditures from cost information gathered. Under section 144.9507,
59.33subdivision 5, federal medical assistance funds may not replace existing funding for
59.34lead-related activities. The nonfederal share of costs for services provided under this
59.35subdivision must be from state or local funds and is the responsibility of the agency
59.36providing the risk assessment. Eligible expenditures for the nonfederal share of costs may
60.1not be made from federal funds or funds used to match other federal funds. Any federal
60.2disallowances are the responsibility of the agency providing risk assessment services.
Sec. 53. [325.172] BISPHENOL-A IN PRODUCTS FOR CHILDREN.
60.4 Subdivision. 1. Bisphenol-A and phthalates committee. The commissioner of
60.5health shall create a committee under the direction of the environmental health division of
60.6the Department of Health to study the scientific literature and make recommendations to
60.7the legislature on the health impact of bisphenol-A and phthalates on children in products
60.8intended for use by young children, including, but not limited to, toys, pacifiers, baby
60.9bottles, and teethers, and report back by January 15, 2008. The committee shall also
60.10identify least harmful alternatives. Of the seven committee members at least one shall be a
60.11representative of the Department of Health, one shall be a representative of environmental
60.12health sciences research, one shall be a representative of the Minnesota Nurses
60.13Association, one shall be a representative of environmental health consumer advocates,
60.14one shall be a member of a children's product manufacturer's association, and one shall be
60.15a representative of the University of Minnesota, chemical plastics research department.
60.16 Subd. 2. Definitions. For the purposes of this section, the following terms have
60.17the meanings given them:
60.18 (a) "Toy" means all products designed or intended by the manufacturer to be used by
60.19children when they play.
60.20 (b) "Child care article" means all products designed or intended by the manufacturer
60.21to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or
Sec. 54. [325E.385] PRODUCTS CONTAINING POLYBROMINATED
60.25 Subdivision 1. Definitions. For the purposes of sections 325E.386 to 325E.388,
60.26the terms in this section have the meanings given them.
60.27 Subd. 2. Commercial decabromodiphenyl ether. "Commercial
60.28decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl ether,
60.29including associated polybrominated diphenyl ether impurities not intentionally added.
60.30 Subd. 3. Commissioner. "Commissioner" means the commissioner of the Pollution
60.32 Subd. 4. Manufacturer. "Manufacturer" means any person, firm, association,
60.33partnership, corporation, governmental entity, organization, or joint venture that produces
60.34a product containing polybrominated diphenyl ethers or an importer or domestic
60.35distributor of a noncomestible product containing polybrominated diphenyl ethers.
61.1 Subd. 5. Polybrominated diphenyl ethers or PBDE's. "Polybrominated diphenyl
61.2ethers" or "PBDE's" means chemical forms that consist of diphenyl ethers bound with
61.3bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the
61.4three primary forms of the commercial mixtures known as pentabromodiphenyl ether,
61.5octabromodiphenyl ether, and decabromodiphenyl ether.
61.6 Subd. 6. Retailer. "Retailer" means a person who offers a product for sale at retail
61.7through any means, including, but not limited to, remote offerings such as sales outlets,
61.8catalogs, or the Internet, but does not include a sale that is a wholesale transaction with a
61.9distributor or a retailer.
61.10 Subd. 7. Used product. "Used product" means any product that has been previously
61.11owned, purchased, or sold in commerce. Used product does not include any product
61.12manufactured after January 1, 2008.
Sec. 55. [325E.386] PRODUCTS CONTAINING CERTAIN
61.14POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.
61.15 Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
61.16subdivision 3, beginning January 1, 2008, a person may not manufacture, process, or
61.17distribute in commerce a product or flame-retardant part of a product containing more
61.18than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
61.20 Subd. 2. Exemptions. The following products containing polybrominated diphenyl
61.21ethers are exempt from subdivision 1:
61.22 (1) the sale or distribution of any used transportation vehicle with component parts
61.23containing polybrominated diphenyl ethers;
61.24 (2) the sale or distribution of any used transportation vehicle parts or new
61.25transportation vehicle parts manufactured before January 1, 2008, that contain
61.26polybrominated diphenyl ethers;
61.27 (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
61.28modification of equipment containing polybrominated diphenyl ethers and used primarily
61.29for military or federally funded space program applications. This exemption does not
61.30cover consumer-based goods with broad applicability;
61.31 (4) the sale or distribution by a business, charity, public entity, or private party of
61.32any used product containing polybrominated diphenyl ethers;
61.33 (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
61.34foam containing more than one-tenth of one percent penta polybrominated diphenyl
62.1 (6) medical devices.
62.2 In-state retailers in possession of products on January 1, 2008, that are banned for
62.3sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
62.4this section restricts the ability of a manufacturer, importer, or distributor from transporting
62.5products containing polybrominated diphenyl ethers through the state, or storing such
62.6products in the state for later distribution outside the state.
Sec. 56. [325E.387] REVIEW OF DECABROMODIPHENYL ETHER.
62.8 Subdivision 1. Commissioner duties. The commissioner in consultation
62.9with the commissioners of health and public safety shall review uses of commercial
62.10decabromodiphenyl ether, availability of technically feasible and safer alternatives, fire
62.11safety and any evidence regarding the potential harm to public health and the environment
62.12posed by commercial decabromodiphenyl ether and the alternatives. The commissioner
62.13must consult with key stakeholders. The commissioner must also review the findings from
62.14similar state and federal agencies and must report their findings and recommendations to
62.15the appropriate committees of the legislature no later than January 15, 2008.
62.16 Subd. 2. State procurement. By January 1, 2008, the commissioner of
62.17administration shall make available for purchase and use by all state agencies only
62.18equipment, supplies, and other products that do not contain polybrominated diphenyl
62.19ethers, unless exempted under section 325E.386, subdivision 2.
Sec. 57. [325E.388] PENALTIES.
62.21 A manufacturer who violates sections 325E.386 to 325E.388 is subject to a
62.22civil penalty not to exceed $1,000 for each violation in the case of a first offense. A
62.23manufacturer is subject to a civil penalty not to exceed $5,000 for each repeat offense.
62.24Penalties collected under this section must be deposited in an account in the special
62.25revenue fund and are appropriated in fiscal years 2008 and 2009 to the commissioner to
62.26implement and enforce this section.
Sec. 58. Laws 2005, chapter 20, article 1, section 21, subdivision 2, is amended to read:
|Subd. 2.Asset Preservation
For asset preservation improvements and
betterments of a capital nature at veterans
homes statewide to be spent in accordance
with Minnesota Statutes, section
Up to $2,200,000 of federal money received
by the Minnesota Veterans Homes Board
of Directors as reimbursement for state
capital expenditures at the veterans homes
must be credited to the general fund and
is appropriated to the commissioner of
administration for asset preservation or repair
at the homes in accordance
with Minnesota Statutes, section
63.8EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 59. Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2,
is amended to read:
|Subd. 2.Community and Family Health
|Summary by Fund
|Health Care Access
Family Planning Base Reduction. Base
63.20 level funding for the family planning
63.21 special projects grant program is reduced
63.22 by $1,877,000 each year of the biennium
63.23 beginning July 1, 2007, provided that
63.24 this reduction shall only take place
63.25 upon full implementation of the family
63.26 planning project section of the 1115 waiver.
63.27 Notwithstanding Minnesota Statutes, section
63.28 145.925 , the commissioner shall give priority
63.29 to community health care clinics providing
63.30 family planning services that either serve a
63.31 high number of women who do not qualify
63.32 for medical assistance or are unable to
63.33 participate in the medical assistance program
63.34 as a medical assistance provider when
63.35 allocating the remaining appropriations.
64.1 Notwithstanding section 15, this paragraph
64.2 shall not expire.
Shaken Baby Video. Of the state
government special revenue fund
appropriation, $13,000 in 2006 is
appropriated to the commissioner of health
to provide a video to hospitals on shaken
baby syndrome. The commissioner of health
shall assess a fee to hospitals to cover the
cost of the approved shaken baby video and
the revenue received is to be deposited in the
state government special revenue fund.
Sec. 60. FUNDING FOR ENVIRONMENTAL JUSTICE MAPPING.
64.14 The commissioner of health, in conjunction with the commissioner of the Pollution
64.15Control Agency, shall establish an environmental justice mapping program and shall
64.16apply for federal funding to renew and expand the state's environmental justice mapping
64.17capacity in order to promote public health tracking. The commissioner shall coordinate
64.18the project with the Pollution Control Agency and the Department of Agriculture in order
64.19to explore possible links between environmental health and toxic exposures and to help
64.20create a system for environmental public health tracking. The commissioner shall also
64.21make recommendations to the legislature for additional sources of funding within the state.
64.22EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 61. LEGISLATIVE FINDINGS AND PURPOSE.
64.24 The legislature hereby finds that hearing loss occurs in newborn infants more
64.25frequently than any other health condition for which newborn infant screening is required.
64.26Early detection of hearing loss in a child and early intervention and treatment has been
64.27demonstrated to be highly effective in facilitating a child's healthy development in a
64.28manner consistent with the child's age, language acquisition, and cognitive ability.
64.29Without early hearing detection and intervention, children with hearing loss experience
64.30serious delays in language acquisition and social and cognitive development. With
64.31appropriate testing and identification of newborn infants, hearing loss screening will
64.32facilitate early intervention and treatment and will serve the public purpose of promoting
64.33the healthy development of children.
65.1 For these reasons, the legislature hereby determines that it is beneficial and in the
65.2best interests of the development of the children of the state of Minnesota that newborn
65.3infants' hearing be screened.
Sec. 62. INFORMATION SHARING.
65.5 By August 1, 2007, the commissioner of health, the Pollution Control Agency, the
65.6commissioner of agriculture, and the University of Minnesota are requested to jointly
65.7develop and sign a memorandum of understanding declaring their intent to share new
65.8and existing environmental hazard, exposure, and health outcome data, consistent with
65.9applicable data practices laws, and to cooperate and communicate effectively to ensure
65.10sufficient clarity and understanding of the data between these organizations.
Sec. 63. COMMISSIONER OF HEALTH REPORT; ROUTINE RADIATION
65.13 The commissioner of health, within the limits of available appropriations, in
65.14cooperation with the utilities that own the Monticello and Prairie Island nuclear plants,
65.15shall issue a report detailing where routine radiation releases go and the health impacts of
65.16the radiation emissions on affected communities. By April 1, 2008, the report must be
65.17distributed to house and senate committees having jurisdiction over public health and to
65.18all communities that are part of the emergency response planning.
Sec. 64. FRAGRANCE-FREE SCHOOLS EDUCATION PILOT PROJECT.
65.20 Subdivision 1. Purpose. Recognizing that scented products may trigger asthma or
65.21chemical sensitivity reactions in students and school staff, which can contribute to learning
65.22and breathing problems, the commissioner of health shall develop a fragrance-free schools
65.23education pilot project.
65.24 Subd. 2. Education. The commissioner of health, in collaboration with the
65.25commissioner of education and the Minneapolis Board of Education, shall establish a
65.26working group composed of at least three students, two teachers, one school administrator,
65.27and one member of the Minneapolis Board of Education to recommend an education
65.28campaign in Minneapolis public schools to inform students and parents about the
65.29potentially harmful effects of the use of fragrance products on sensitive students and
65.30school personnel in Minneapolis schools. The commissioner shall report findings to the
65.31legislature by February 1, 2008.
65.32EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 65. LINDANE COMMITTEE.
66.1 The commissioner of health shall create a committee of stakeholders, including
66.2at least one environmental health research scientist and at least one parent consumer
66.3advocate, to review the scientific literature and make recommendations to the legislature
66.4on the health impact of Lindane on children and report back by January 15, 2008.
Sec. 66. MEDICAL ASSISTANCE COVERAGE FOR ARSENIC TESTING.
66.6 The commissioner of human services shall ensure that testing for arsenic under
66.7section 25, subdivision 3, is covered under medical assistance.
Sec. 67. BLOOD LEAD TESTING STUDY.
66.9 The commissioner of health, in consultation with the Department of Human
66.10Services; cities of the first class; health care providers; and other interested parties shall
66.11conduct a study to evaluate blood lead testing methods used to confirm elevated blood
66.12lead status. The study shall examine and/or develop:
66.13 (1) the false positive rate of capillary tests for children less than 72 months old;
66.14 (2) current protocols for conducting capillary testing, including filter paper
66.16 (3) existing guidelines and regulations from other states and federal agencies
66.17regarding lead testing;
66.18 (4) recommendations regarding the use of capillary tests to initiate environmental
66.19investigations and case management, including number and timing of tests and fiscal
66.20implications for state and local lead programs; and
66.21 (5) recommendations regarding reducing the state mandatory intervention to ten
66.22micrograms of lead per deciliter of whole blood.
66.23 The commissioner shall submit the results of the study and any recommendations,
66.24including any necessary legislative changes, to the legislature by February 15, 2008.
Sec. 68. WINDOW SAFETY EDUCATION.
66.26 The commissioner of health shall create in the department's current educational
66.27safety program a component targeted at parents and caregivers of young children to
66.28provide awareness of the need to take precautions to prevent children from falling
66.29through open windows. The commissioner of health shall consult with representatives
66.30of the residential building industry, the window products industry, the child safety
66.31advocacy community, and the Department of Labor and Industry to create the window
66.32safety program component. The program must include the gathering of data about
66.33falls from windows that result in severe injury in order to measure the effectiveness of
66.34the safety program. The commissioner of health may consult with other child safety
66.35advocacy groups, experts, and interested parties in the development and implementation
67.1of the window safety program. The commissioner of health shall prepare and submit
67.2a final report on the window safety program to the legislature by March 1, 2011. The
67.3commissioner shall prepare and submit a yearly progress report to the legislature by
67.4March 1 of each year beginning in 2008 until the submission of the final report. The
67.5final report must include a summary of the safety program, the impact of the program on
67.6children falling from windows, and any recommendations for further study or action.
Sec. 69. REVISOR'S INSTRUCTION.
67.8 The revisor of statutes shall change the range reference "144.9501 to 144.9509"
67.9to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and
Sec. 70. REPEALER.
67.12Laws 2004, chapter 288, article 6, section 27, is repealed.
Renumber the articles in sequence and correct the internal references
Amend the title accordingly