Journal of the House

Transcription

1 STATE OF MINNESOTA Journal of the House NINETIETH SESSION SEVENTY-THIRD DAY SAINT PAUL, MINNESOTA, WEDNESDAY, MARCH 21, 2018 The House of Representatives convened at 12:00 noon and was called to order by Kurt Daudt, Speaker of the House. Prayer was offered by Imam Asad Zaman, Executive Director, Muslim American Society of Minnesota, St. Paul, Minnesota. The members of the House gave the pledge of allegiance to the flag of the United States of America. The roll was called and the following members were present: Albright Allen Anderson, P. Anderson, S. Anselmo Applebaum Backer Bahr, C. Baker Barr, R. Becker-Finn Bennett Bernardy Bliss Bly Carlson, A. Carlson, L. Christensen Clark Considine Daniels Davids Davnie Dean, M. Dehn, R. Dettmer Drazkowski Ecklund Erickson Fabian Fenton Fischer Flanagan Franke Franson Freiberg Garofalo Green Grossell Gruenhagen Gunther Haley Halverson Hamilton Hansen Hausman Heintzeman Hertaus Hilstrom Hoppe Hornstein Hortman Howe Jessup Johnson, B. Johnson, C. Jurgens Kiel Knoblach Koegel Koznick Kresha Kunesh-Podein Layman Lee Lesch Liebling Lien Lillie Loeffler Lohmer Loon Loonan Lucero Lueck Mahoney Marquart Masin Maye Quade McDonald Metsa Miller Munson Murphy, E. Murphy, M. Nash Nelson Neu Newberger Nornes O'Driscoll Olson Omar O'Neill Pelowski Peppin Petersburg Peterson Pierson Pinto Poppe Poston Pryor Pugh Quam Rarick Rosenthal Runbeck Sandstede Sauke Schomacker Schultz Scott Slocum Smith Sundin Swedzinski Theis Torkelson Uglem Urdahl Vogel Wagenius Ward West Whelan Wills Youakim Zerwas Spk. Daudt A quorum was present. Johnson, S.; Mariani; Moran and Thissen were excused. The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk. This document can be made available in alternative formats upon request. Call (651) [voice] or the Minnesota State Relay Service at [TTY] for assistance; or visit the website at

2 7562 JOURNAL OF THE HOUSE [73RD DAY REPORTS OF STANDING COMMITTEES AND DIVISIONS Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 822, A bill for an act relating to health licensing; modifying the Minnesota Athletic Trainers Act; amending Minnesota Statutes 2016, sections , subdivision 6, by adding subdivisions; , subdivision 1; ; , subdivisions 1, 3; ; , subdivisions 1, 3; ; ; ; repealing Minnesota Statutes 2016, sections , subdivisions 4, 5; , subdivisions 4, 5. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2016, section , subdivision 2, is amended to read: Subd. 2. Approved continuing education program. "Approved continuing education program" means a continuing education program that meets the continuing education maintenance of competence requirements in section and is approved by the board. Sec. 2. Minnesota Statutes 2016, section , subdivision 3, is amended to read: Subd. 3. Approved education program. "Approved education program" means a university, college, or other postsecondary an education program of athletic training offered by an accredited university, college, or other postsecondary institution that, at the time the student completes the program, is approved or accredited by a nationally recognized accreditation agency for athletic training education programs approved by the board. the student is eligible to attain national certification as an athletic trainer from the Board of Certification for the Athletic Trainer or its recognized successor. Sec. 3. Minnesota Statutes 2016, section , subdivision 6, is amended to read: Subd. 6. Athletic trainer. "Athletic trainer" means a person who engages in athletic training under section and is registered licensed under section Sec. 4. Minnesota Statutes 2016, section , subdivision 9, is amended to read: Subd. 9. Credentialing examination. "Credentialing examination" means an examination administered by the Board of Certification, for the Athletic Trainer or the board's its recognized successor, for credentialing as an athletic trainer, or an examination for credentialing offered by a national testing service that is approved by the board. Sec. 5. Minnesota Statutes 2016, section , is amended to read: DESIGNATION OF ATHLETIC TRAINER PROHIBITED PRACTICE OR USE OF TITLES; PENALTY. Subdivision 1. Designation. (a) A person shall not use in connection with the person's name or in any form of advertising, professional literature, or billing that relates to the person's occupation or profession as an athletic trainer, the words or letters registered athletic trainer; licensed athletic trainer; Minnesota registered athletic trainer; athletic trainer; AT; LAT; ATR; or any words, letters, abbreviations, or insignia indicating or implying that the

3 73RD DAY] WEDNESDAY, MARCH 21, person is an athletic trainer, without a certificate of registration being licensed as an athletic trainer issued under sections to to A student attending a college or university athletic training program must be identified as an "athletic training student." (b) Any person who is exempt from licensure under subdivision 3 must not use any of the titles identified in paragraph (a), or any description stating or implying that they are engaged in the practice of athletic training or that they are licensed to engage in the practice of athletic training. Subd. 2. Penalty. A person who violates this section is guilty of a misdemeanor and subject to section Subd. 3. License required. No person shall engage in athletic training without first being licensed under sections to A person engages in athletic training if the person performs or offers to perform athletic training as defined in section Subd. 4. Exceptions. (a) Nothing in sections to shall be construed to prohibit the practice of any profession or occupation licensed or registered by the state or to perform any act that falls within the scope of practice of the licensed or registered profession or occupation. (b) Nothing in sections to shall be construed to require an athletic trainer license for: (1) a student engaged in athletic training as part of an accredited athletic training program if the student is under the direct supervision of a licensed athletic trainer and is identified as an "athletic training student;" or (2) an athletic trainer as a member of the United States armed forces while performing duties incident to duty. Sec. 6. Minnesota Statutes 2016, section , is amended to read: POWERS OF THE BOARD. The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue all registrations licenses and shall exercise the following powers and duties: (1) adopt rules necessary to implement sections to ; (2) prescribe registration license application forms, certificate of registration license forms, protocol forms, and other necessary forms; (3) approve a registration licensure examination; (4) keep a complete record of registered licensed athletic trainers, prepare a current official listing of the names and addresses of registered licensed athletic trainers, and make a copy of the list available to any person requesting it upon payment of a copying fee established by the board; (5) keep a permanent record of all its proceedings; and (6) establish the duties of, and employ, clerical personnel. Sec. 7. Minnesota Statutes 2016, section , subdivision 1, is amended to read: Subdivision 1. Membership. The Athletic Trainers Advisory Council is created and is composed of eight members appointed by the board. The advisory council consists of:

4 7564 JOURNAL OF THE HOUSE [73RD DAY (1) two public members as defined in section ; (2) three members who are registered licensed athletic trainers, one being both a licensed physical therapist and registered licensed athletic trainer as submitted by the Minnesota American Physical Therapy Association; (3) two members who are medical physicians licensed by the state and have experience with athletic training and sports medicine; and (4) one member who is a doctor of chiropractic licensed by the state and has experience with athletic training and sports injuries. Sec. 8. Minnesota Statutes 2016, section , subdivision 3, is amended to read: Subd. 3. Duties. The advisory council shall: (1) advise the board regarding standards for athletic trainers; (2) distribute information regarding athletic trainer standards; (3) advise the board on enforcement of sections to ; (4) review registration license applications and registration license renewal applications and make recommendations to the board; (5) review complaints in accordance with sections and , subdivision 6; (6) review investigation reports of complaints and recommend to the board whether disciplinary action should be taken; (7) advise the board regarding evaluation and treatment protocols; (8) advise the board regarding approval of continuing education programs; and (9) perform other duties authorized for advisory councils under chapter 214, as directed by the board. Sec. 9. Minnesota Statutes 2016, section , is amended to read: ATHLETIC TRAINING. Athletic training by a registered licensed athletic trainer under section includes the activities described in paragraphs (a) to (e). (a) An athletic trainer shall: (1) prevent, recognize, and evaluate athletic injuries; (2) give emergency care and first aid; (3) manage and treat athletic injuries; and (4) rehabilitate and physically recondition athletic injuries.

5 73RD DAY] WEDNESDAY, MARCH 21, The athletic trainer may use modalities such as cold, heat, light, sound, electricity, exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to athletes in the primary employment site. (b) The primary physician shall establish evaluation and treatment protocols to be used by the athletic trainer. The primary physician shall record the protocols on a form prescribed by the board. The protocol form must be updated yearly at the athletic trainer's registration license renewal time and kept on file by the athletic trainer. (c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section , to practice chiropractic as defined in section , to practice podiatry as defined in section , or to practice dentistry as defined in section 150A.05 and whose license is in good standing. (d) An athletic trainer may: (1) organize and administer an athletic training program including, but not limited to, educating and counseling athletes; (2) monitor the signs, symptoms, general behavior, and general physical response of an athlete to treatment and rehabilitation including, but not limited to, whether the signs, symptoms, reactions, behavior, or general response show abnormal characteristics; and (3) make suggestions to the primary physician or other treating provider for a modification in the treatment and rehabilitation of an injured athlete based on the indicators in clause (2). (e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section Sec. 10. Minnesota Statutes 2016, section , subdivision 1, is amended to read: Subdivision 1. Registration Licensure. The board may issue a certificate of registration as an athletic trainer license to applicants who meet the requirements under this section. An applicant for registration licensure as an athletic trainer shall: (1) pay a fee under section and; (2) file a written application on a form, provided by the board, that includes: (1) (i) the applicant's name, Social Security number, home address and telephone number, business address and telephone number, and business setting; (2) (ii) evidence satisfactory to the board of the successful completion of an education program approved by the board current national credentialing as a certified athletic trainer by the Board of Certification for the Athletic Trainer or its recognized successor; (3) (iii) educational background; (4) proof of a baccalaureate or master's degree from an accredited college or university;

6 7566 JOURNAL OF THE HOUSE [73RD DAY (5) credentials held in other jurisdictions; (iv) credentials held in this state or in other jurisdictions; (6) (v) a description of any other jurisdiction's refusal to credential the applicant; (7) (vi) a description of all professional disciplinary actions initiated against the applicant in any other jurisdiction; (8) (vii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; (9) evidence satisfactory to the board of a qualifying score on a credentialing examination; (10) (viii) additional information as requested by the board; (11) (ix) the applicant's signature on a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief; and (12) (x) the applicant's signature on a waiver authorizing the board to obtain access to the applicant's records in this state or any other state in which the applicant has completed an education program approved by the board or, engaged in the practice of athletic training., or held other professional credentials; (3) if the applicant holds or has held a credential as an athletic trainer in another jurisdiction, provide verification from the credentialing body in each jurisdiction that the applicant holds or has held a credential for the practice of athletic training; and (4) if the applicant holds or has held a credential as another health professional in this state or another jurisdiction, provide verification from the credentialing body for that profession that the applicant holds or has held a credential for the practice of that profession. Sec. 11. Minnesota Statutes 2016, section , subdivision 1, is amended to read: Subdivision 1. Requirements for registration license renewal. A registered athletic trainer shall apply to the board for a one-year extension of registration by paying a fee under section and filing An athletic trainer license issued under section expires annually. To renew a license, an athletic trainer shall pay a fee as required by section and complete a renewal application on a form provided by the board that includes: (1) the athletic trainer's name, Minnesota athletic trainer registration license number, home address and telephone number, business address and telephone number, and business setting; (2) work history for the past year, including the average number of hours worked per week; (3) a report of any change in status since initial registration licensure or previous registration license renewal; (4) evidence satisfactory to the board of having met the continuing education requirements of section ; (5) the athletic trainer's signature on a statement that a current copy of the protocol form is on file at the athletic trainer's primary employment site; and (6) additional information as requested by the board any history of drug or alcohol abuse, and any misdemeanor or felony conviction; and (7) any disciplinary action on any credential held in this state or in another jurisdiction.

7 73RD DAY] WEDNESDAY, MARCH 21, Sec. 12. Minnesota Statutes 2016, section , subdivision 2, is amended to read: Subd. 2. Registration License renewal notice. Before June 1 of each year, The board shall annually send out a renewal notice to an athletic trainer's last known address on file with the board. The notice shall include an application for registration license renewal and notice of the fees required for renewal. An athletic trainer who does not receive a renewal notice must still meet the requirements for registration license renewal under this section. Sec. 13. Minnesota Statutes 2016, section , subdivision 4, is amended to read: Subd. 4. Lapse of registration status Licensure following lapse of licensed status for two years or less. (a) Except as provided in paragraph (b), In order to regain licensed status, an athletic trainer whose registration license has lapsed for two years or less must: (1) apply for registration license renewal under this section subdivision 1; and (2) submit evidence satisfactory to the board from a licensed medical physician verifying employment in athletic training for eight weeks every three years during the time of the lapse in registration. (2) document compliance with the continuing education requirements in section since the athletic trainer's initial licensure or last renewal; and (3) submit the fees required by section for the period the athletic trainer was not licensed, including the fee for late renewal. (b) The board shall not renew, reissue, reinstate, or restore a registration license that has lapsed after June 30, 1999, and has not been renewed within two annual renewal cycles starting July 1, An athletic trainer whose registration license is canceled for nonrenewal must obtain a new registration license by applying for registration licensure and fulfilling all requirements then in existence for an initial registration license. Sec. 14. Minnesota Statutes 2016, section , subdivision 1, is amended to read: Subdivision 1. Verification of application information. The board or advisory council, with the approval of the board, may verify information provided by an applicant for registration licensure under section and registration license renewal under section to determine whether the information is accurate and complete. Sec. 15. Minnesota Statutes 2016, section , subdivision 3, is amended to read: Subd. 3. Request for hearing by applicant denied registration licensure. An applicant denied registration licensure shall be notified of the determination, and the grounds for it, and may request a hearing on the determination under Minnesota Rules, part , by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision. Sec. 16. Minnesota Statutes 2016, section , is amended to read: CHANGE OF ADDRESS. A registered licensed athletic trainer must notify the board, in writing, within 30 days of a change of address.

8 7568 JOURNAL OF THE HOUSE [73RD DAY Sec. 17. Minnesota Statutes 2016, section , subdivision 1, is amended to read: Subdivision 1. Number of contact hours required Board of Certification for the Athletic Trainer requirements. An athletic trainer shall complete during every three-year period at least the equivalent of 60 contact hours of continuing professional postdegree education in programs approved by the board. meet the professional development requirements of the Board of Certification for the Athletic Trainer in order to maintain Board of Certification for the Athletic Trainer certification. These requirements may be met through a board-approved continuing education program. Sec. 18. Minnesota Statutes 2016, section , subdivision 2, is amended to read: Subd. 2. Approved programs. The board shall approve a continuing education program that has been approved for continuing education credit maintenance of competence by the Board of Certification, for the Athletic Trainer or the board's its recognized successor. Sec. 19. Minnesota Statutes 2016, section , subdivision 4, is amended to read: Subd. 4. Verification of continuing education credits requirements. The board shall periodically select a random sample of athletic trainers and require the athletic trainers to show evidence to the board of having completed the continuing education requirements attested to by the athletic trainer. Either the athletic trainer or state or national organizations that maintain continuing education records may provide to the board documentation of attendance at a continuing education program. Sec. 20. Minnesota Statutes 2016, section , subdivision 5, is amended to read: Subd. 5. Discipline; reporting. For the purposes of this chapter, registered licensed athletic trainers and applicants are subject to sections to Sec. 21. Minnesota Statutes 2016, section , is amended to read: FEES. Subdivision 1. Fees. The board shall establish fees as follows: (1) application fee, $50; and (2) annual registration license fee, $100;. (3) temporary registration, $100; and (4) temporary permit, $50. Subd. 2. Proration of fees. The board may prorate the initial annual fee for registration licensure under section Athletic trainers registered licensed under section are required to pay the full fee upon registration license renewal. Subd. 3. Penalty for a late application for registration license renewal. The penalty for late submission of a registration license renewal application under section is $15. Subd. 4. Nonrefundable fees. The fees in this section are nonrefundable.

9 73RD DAY] WEDNESDAY, MARCH 21, Sec. 22. REVISOR'S INSTRUCTION. In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term "register" or "registration" to "license" or "licensure" or similar terms wherever they appear in Minnesota Statutes and Minnesota Rules when referring to athletic trainers. Sec. 23. REPEALER. Minnesota Statutes 2016, sections , subdivisions 3, 4, and 5; and , subdivisions 3 and 5, are repealed. Sec. 24. EFFECTIVE DATE. Sections 1 to 23 are effective July 1, Athletic trainers' registrations shall be converted to licenses at the next renewal. For purposes of interpreting sections 1 to 23 after July 1, 2018, but before a registration is converted to a license, a registration is equivalent to a license." Delete the title and insert: "A bill for an act relating to health licensing; modifying the Minnesota Athletic Trainers Act; amending Minnesota Statutes 2016, sections , subdivisions 2, 3, 6, 9; ; ; , subdivisions 1, 3; ; , subdivision 1; , subdivisions 1, 2, 4; , subdivisions 1, 3; ; , subdivisions 1, 2, 4; , subdivision 5; ; repealing Minnesota Statutes 2016, sections , subdivisions 3, 4, 5; , subdivisions 3, 5." With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance. Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 972, A bill for an act relating to health; authorizing the Emergency Medical Services Regulatory Board to adopt rules authorizing certified emergency medical services personnel to assist with administering certain emergency prescription medications and participate in care coordination; requiring rulemaking; amending Minnesota Statutes 2016, section 144E.16, by adding a subdivision. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision to read: Subd. 9. Rules authorizing patient-assisted medication administration. (a) The board shall adopt rules authorizing EMTs, AEMTs, and paramedics certified under section 144E.28 to assist a patient, in emergency situations, with administering prescription medications that are: (1) carried by a patient;

10 7570 JOURNAL OF THE HOUSE [73RD DAY (2) intended to treat adrenal insufficiency; and (3) administered via routes of delivery that are within the scope of training for the EMT, AEMT, or paramedic. (b) EMTs, AEMTs, and paramedics assisting a patient with medication administration according to the rules adopted under this subdivision may do so only under the authority of guidelines approved by the ambulance service medical director or under direct medical control. Sec. 2. Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision to read: Subd. 10. Rules establishing standards for care coordination. The board shall adopt rules to: (1) establish standards for ambulance services to communicate with a patient in the service area of the ambulance service, and with the patient's caregivers, concerning the patient's health condition, the likelihood that the patient will need emergency medical services, and how to collaboratively develop emergency medical services care plans to meet the patient's needs; and (2) establish standards for ambulance service medical directors to participate in care coordination for a patient in the service area of the ambulance service. Care coordination may include developing potential treatment plans, determining the optimal prehospital approach and treatment for the patient, and establishing alternative approaches and treatment." Correct the title numbers accordingly With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy. Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 1025, A bill for an act relating to health; establishing qualifications for cremator operators who perform cremations; modifying the duties of the commissioner of health; amending Minnesota Statutes 2016, sections 149A.02, by adding a subdivision; 149A.03; 149A.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 149A. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2016, section 149A.40, subdivision 11, is amended to read: Subd. 11. Continuing education. The commissioner shall require 15 continuing education hours for renewal of a license to practice mortuary science. Nine of the hours must be in the following areas: body preparation, care, or handling, and cremation, 3 CE hours; professional practices, 3 CE hours; and regulation and ethics, 3 CE hours. Continuing education hours shall be reported to the commissioner every other year based on the licensee's license number. Licensees whose license ends in an odd number must report CE hours at renewal time every odd year. If a licensee's license ends in an even number, the licensee must report the licensee's CE hours at renewal time every even year. EFFECTIVE DATE. This section is effective January 1, 2019, and applies to mortuary science license renewals on or after that date.

11 73RD DAY] WEDNESDAY, MARCH 21, Sec. 2. Minnesota Statutes 2016, section 149A.95, subdivision 3, is amended to read: Subd. 3. Unlicensed personnel. (a) A licensed crematory may employ unlicensed personnel, provided that all applicable provisions of this chapter are followed. It is the duty of the licensed crematory to provide proper training for to all unlicensed personnel and ensure that unlicensed personnel performing cremations are in compliance with the requirements in paragraph (b). The licensed crematory shall be strictly accountable for compliance with this chapter and other applicable state and federal regulations regarding occupational and workplace health and safety. (b) Unlicensed personnel performing cremations at a licensed crematory must: (1) complete a certified crematory operator course that is approved by the commissioner and that covers at least the following subjects: (i) cremation and incinerator terminology; (ii) combustion principles; (iii) maintenance of and troubleshooting for cremation devices; (iv) how to operate cremation devices; (v) identification, the use of proper forms, and the record-keeping process for documenting chain of custody of human remains; (vi) guidelines for recycling, including but not limited to compliance, disclosure, recycling procedures, and compensation; (vii) legal and regulatory requirements regarding environmental issues, including specific environmental regulations with which compliance is required; and (viii) cremation ethics; (2) obtain a crematory operator certification; (3) publicly post the crematory operator certification at the licensed crematory where the unlicensed personnel performs cremations; and (4) maintain crematory operator certification through: (i) recertification, if such recertification is required by the program through which the unlicensed personnel is certified; or (ii) if recertification is not required by the program, completion of at least seven hours of continuing education credits in crematory operation every five years. EFFECTIVE DATE. This section is effective January 1, 2019, and applies to unlicensed personnel performing cremations on or after that date."

12 7572 JOURNAL OF THE HOUSE [73RD DAY Delete the title and insert: "A bill for an act relating to health; modifying continuing education requirements for persons licensed to practice mortuary science; requiring certification of certain unlicensed personnel who perform cremations; amending Minnesota Statutes 2016, sections 149A.40, subdivision 11; 149A.95, subdivision 3." With the recommendation that when so amended the bill be placed on the General Register. Scott from the Committee on Civil Law and Data Practices Policy to which was referred: H. F. No. 1440, A bill for an act relating to health; establishing the Opioid Addiction Prevention and Treatment Advisory Council; establishing a special revenue fund for opioid addiction prevention and treatment; appropriating money; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 151. Reported the same back with the following amendments: Page 5, line 24, after the period, insert "The integration of access to the prescription monitoring database with electronic health records shall not modify any requirements or procedures in Minnesota Statutes, section , regarding the information that must be reported to the database, who can access the database and for what purpose, and the data classification of information in the database, and shall not require a prescriber to access the database prior to issuing a prescription for a controlled substance." With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy. Hoppe from the Committee on Commerce and Regulatory Reform to which was referred: H. F. No. 1974, A bill for an act relating to insurance; requiring parity between mental health benefits and other medical benefits; defining mental health and substance use disorder; requiring health plan transparency; requiring accountability from the commissioners of health and commerce; amending Minnesota Statutes 2016, sections 62Q.01, by adding subdivisions; 62Q.47. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. MENTAL HEALTH AND SUBSTANCE USE DISORDER WORK GROUP. Subdivision 1. Work group created. (a) The commissioners of health and commerce shall convene a 13-member work group to make recommendations and report on the most effective approach to determine and demonstrate mental health and substance use disorder parity, in accordance with state and federal law for individual and group health plans offered in Minnesota. The work group shall include the following:

13 73RD DAY] WEDNESDAY, MARCH 21, (1) two members representing health plan companies that offer health plans in the individual market; (2) two members representing health plan companies that offer health plans in the group markets; (3) the commissioner of health; (4) the commissioner of commerce; (5) the commissioner of management and budget; (6) two members representing employers; (7) two members who are providers representing the mental health and substance use disorder community; and (8) two members who are advocates representing the mental health and substance use disorder community. (b) Members of the work group must have expertise in standards for evidence-based care, benefit design, or development or knowledge relating to the analysis of the mental health and substance use disorder parity under federal and state law, including nonquantitative treatment limitations. The final report must include recommendations for the most effective approach to both demonstrate parity for regulatory purposes and communicate parity determinations publicly in a manner that is meaningful to consumers. (c) The final report must be written in nontechnical, readily understandable language and be made available to the public by, among such other means as the work group finds appropriate, posting the report on the Department of Health and Department of Commerce Web sites. (d) In developing its report and recommendations, the work group may consult with the Substance Abuse and Mental Health Services Agency and the National Association of Insurance Commissioners for the latest developments on evaluation of mental health and substance use disorder parity. (e) The report must include the following: (1) a summary of completed state enforcement actions relating to individual and group health plans offered in Minnesota during the preceding 12-month period regarding compliance with parity in mental health and substance use disorders benefits in accordance with state and federal law, and a summary of the results of completed state enforcement actions. Data that is protected under state or federal law as nonpublic, private, or confidential shall remain nonpublic, private, or confidential. This summary must include: (i) the number of formal enforcement actions taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the subject matter of each enforcement action, including quantitative and nonquantitative treatment limitations; (2) detailed information about any regulatory actions the commissioners of health or commerce have taken as a result of a completed state enforcement action pertaining to health plan compliance with sections 62Q.47 and 62Q.53 and United States Code, title 42, section 18031(j); and (3) a description of the work group's recommendations on educating the public about alcoholism, mental health, or chemical dependency parity protections under state and federal law.

14 7574 JOURNAL OF THE HOUSE [73RD DAY Subd. 2. Report. By February 15, 2019, the commissioners of health and commerce shall jointly report the recommendations of the work group to the chairs and ranking minority members of the legislative committees with jurisdiction over health care policy and finance. Subd. 3. First meeting. The commissioner of commerce shall convene the first meeting of the work group on or before August 1, 2018." Delete the title and insert: "A bill for an act relating to insurance; establishing a mental health and substance use disorder work group; requiring a report." With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy. Scott from the Committee on Civil Law and Data Practices Policy to which was referred: H. F. No. 2725, A bill for an act relating to human services; requiring the development of a new county-based eligibility determination system for medical assistance and MinnesotaCare; requiring the commissioner of revenue to seek a waiver to determine eligibility for premium tax credits and cost-sharing reductions and assess eligibility for medical assistance and MinnesotaCare; providing legislative oversight of certain expenditures from the state systems account; appropriating money; amending Minnesota Statutes 2016, sections 62K.02, subdivision 1; , subdivision 2; 256L.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 256; 270C; repealing Minnesota Statutes 2016, sections , subdivision 14a; 13D.08, subdivision 5a; 62A.011, subdivision 6; 62K.03, subdivision 9; 62V.01; 62V.02; 62V.03; 62V.04; 62V.05; 62V.051; 62V.055; 62V.06; 62V.07; 62V.08; 62V.09; 62V.10; 62V.11, subdivisions 1, 2, 4, 5; 256L.01, subdivision 6; Minnesota Rules, parts ; ; ; ; ; ; ; ; ; ; ; Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce and Regulatory Reform. Gunther from the Committee on Legacy Funding Finance to which was referred: H. F. No. 2789, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; requiring notice to local government before acquiring land in fee; amending Minnesota Statutes 2016, section 97A.056, by adding a subdivision. Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

15 73RD DAY] WEDNESDAY, MARCH 21, O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred: H. F. No. 2809, A bill for an act relating to state government; amending provisions related to emergency operations and the continuity of government; requiring the adoption of emergency operations and continuity of government plans by the legislative branch, judicial branch, and state constitutional officers; amending Minnesota Statutes 2016, sections 1.26, subdivisions 1, 2, 4; 3.303, by adding a subdivision; 12.09, subdivision 2; 12.21, subdivision 3; , by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 2016, sections 3.93; 3.94; 3.95; Reported the same back with the following amendments: Page 2, line 10, after "emergency" insert "or local emergency" With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance. Dean, M., from the Committee on Health and Human Services Finance to which was referred: H. F. No. 2920, A bill for an act relating to human services; modifying the construction project rate for certain nursing facilities; amending Minnesota Statutes 2016, section 256B.434, by adding a subdivision. Reported the same back with the recommendation that the bill be placed on the General Register. Scott from the Committee on Civil Law and Data Practices Policy to which was referred: H. F. No. 2953, A bill for an act relating to open government; transferring certain responsibilities under chapter 13 from the commissioner of administration to the Office of Administrative Hearings; amending the administrative remedy under chapter 13; appropriating money; amending Minnesota Statutes 2016, sections 13.02, by adding a subdivision; 13.08, subdivision 4; , subdivisions 2, 5, 6, by adding a subdivision; ; 13D.06, subdivision 4; 14.54; Laws 2017, First Special Session chapter 4, article 1, sections 9, subdivisions 1, 3; 11, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2016, sections , subdivisions 1, 2, 4; , subdivision 7. Reported the same back with the following amendments: Page 1, after line 15, insert: "Sec. 2. [13.071] DATA PRACTICES COORDINATOR. Subdivision 1. Appointment. The chief administrative law judge shall appoint a data practices coordinator in the unclassified service within the Office of Administrative Hearings. Subd. 2. Qualifications. The coordinator must be knowledgeable about the Minnesota Government Data Practices Act, the Minnesota Open Meeting Law, and federal laws and regulations regarding data privacy. The coordinator must have experience in dealing with both private enterprise and governmental entities, interpreting laws and regulations, record keeping, report writing, public speaking, and management.

16 7576 JOURNAL OF THE HOUSE [73RD DAY Subd. 3. Duties. The coordinator shall: (1) advise and serve as a technical resource for government entities on questions related to public access to government data, rights of subjects of data, classification of data, or applicable duties under chapter 13D; (2) advise persons regarding their rights under this chapter or chapter 13D; (3) administer the public information policy training program under section ; and (4) perform other duties as directed by the chief administrative law judge. Subd. 4. Effect of coordinator advice. The advice of the coordinator is not binding on a government entity or members of a body subject to chapter 13D, does not constitute legal advice, and has no effect on liability, fines, or fee awards arising from a violation of this chapter or chapter 13D. This section does not preclude a person from bringing any other action under this chapter or other law in addition to or instead of requesting advice from the coordinator. Subd. 5. Data submitted to coordinator. A government entity may submit not public data to the coordinator for the purpose of requesting advice. Government data submitted to the coordinator by a government entity or copies of government data submitted by other persons have the same classification as the data have when held by the government entity." Page 11, line 20, delete "12" and insert "16" Renumber the sections in sequence Amend the title as follows: Page 1, line 3, after the semicolon, insert "establishing a data practices coordinator position;" Correct the title numbers accordingly With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy. Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 2962, A bill for an act relating to health; authorizing pharmacists to prescribe tobacco and nicotine cessation products, opiate antagonists, and travel medications; amending Minnesota Statutes 2016, section , subdivisions 23, 27, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 151. Reported the same back with the following amendments: Page 1, line 18, delete "and nicotine cessation products" and insert "cessation medications approved by the Food and Drug Administration (FDA) but excluding bupropion" Page 1, line 19, delete " " and insert " "

17 73RD DAY] WEDNESDAY, MARCH 21, Page 3, line 24, strike the second "and" Page 3, line 31, delete "and nicotine cessation products" and insert "cessation medications approved by the FDA but excluding bupropion" Page 3, line 32, delete " " and insert " " Page 4, line 7, delete "Tobacco and nicotine cessation products" and insert "Tobacco cessation medications" Page 4, line 8, delete "and nicotine" Page 4, line 9, delete "products" and insert "medications approved by the Food and Drug Administration (FDA) but excluding bupropion" Page 4, line 28, delete "and nicotine cessation products" and insert "cessation medications approved by the FDA but excluding bupropion" Amend the title as follows: Page 1, line 2, delete "and nicotine" Page 1, line 3, delete "products" and insert "medications" With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance. Hoppe from the Committee on Commerce and Regulatory Reform to which was referred: H. F. No. 2995, A bill for an act relating to liquor; allowing some transfers of wine between commonly owned liquor stores; amending Minnesota Statutes 2016, section 340A.412, by adding a subdivision. Reported the same back with the following amendments: Page 1, line 9, delete "a" and insert "an off-sale" With the recommendation that when so amended the bill be placed on the General Register.

18 7578 JOURNAL OF THE HOUSE [73RD DAY O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred: H. F. No. 3001, A bill for an act relating to local government; including service cooperatives in the definition of governmental units for purposes of joint powers; amending Minnesota Statutes 2016, section , subdivision 1. Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance. Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 3017, A bill for an act relating to public safety; establishing procedure for handling sexual assault examination kits; providing notice to victims; amending Minnesota Statutes 2016, section , subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 299C; 611A. Reported the same back with the following amendments: Page 2, line 32, before the second period, insert ", by telephone, or by electronic communication" Page 3, line 6, delete everything after the period Page 3, line 7, delete everything before "Restricted" Page 3, delete subdivision 4 Page 3, line 14, delete "5" and insert "4" With the recommendation that when so amended the bill be placed on the General Register. O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred: H. F. No. 3032, A bill for an act relating to consumer protection; regulating transportation network companies; amending Minnesota Statutes 2016, sections , by adding a subdivision; , subdivision 38; proposing coding for new law in Minnesota Statutes, chapter 325F. Reported the same back with the following amendments: Page 4, line 8, delete "and" Page 4, line 9, delete "; and" and insert ", and (iii) the Web site maintained by the commissioner of corrections under section , subdivision 4b; and"

19 73RD DAY] WEDNESDAY, MARCH 21, Page 5, line 3, after "site" insert ", or the Web site maintained by the commissioner of corrections under section , subdivision 4b" With the recommendation that when so amended the bill be re-referred to the Committee on Transportation and Regional Governance Policy. Johnson, B., from the Committee on Public Safety and Security Policy and Finance to which was referred: H. F. No. 3076, A bill for an act relating to local government; amending the St. Louis County Civil Service Commission; making technical changes; removing obsolete language; amending Minnesota Statutes 2016, sections 383C.031; 383C.032; 383C.033; 383C.034; 383C.035; 383C.037; 383C.038; 383C.039; 383C.04; 383C.041; 383C.042; 383C.043; 383C.044; 383C.045; 383C.046; 383C.048; 383C.05; 383C.051; 383C.055; 383C.056; proposing coding for new law in Minnesota Statutes, chapter 383C; repealing Minnesota Statutes 2016, sections 383C.036; 383C.047; 383C.049; 383C.052; 383C.053; 383C.059. Reported the same back with the recommendation that the bill be placed on the General Register. O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred: H. F. No. 3077, A bill for an act relating to port authorities; modifying membership of the Seaway Port Authority of Duluth; amending Minnesota Statutes 2016, section , subdivision 2. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2016, section , subdivision 2, is amended to read: Subd. 2. Duluth. The Seaway Port Authority of Duluth consists of seven commissioners: three appointed by the Duluth city council; two by the St. Louis County board, at least one of whom is a St. Louis County board member representing an area that includes, as of 2015, an active mine or active mining area; and two by the governor. A member of the St. Louis County delegation of the state house of representatives appointed by that delegation, and a member of the St. Louis County delegation of the state senate appointed by that delegation are advisory members of the authority.

20 7580 JOURNAL OF THE HOUSE [73RD DAY EFFECTIVE DATE. This section is effective the day after the Duluth Seaway Port Authority board and the St. Louis County board and their chief clerical officers timely comply with Minnesota Statutes, section , subdivisions 2 and 3, and applies to the appointment made by the St. Louis County board for the port authority commissioner whose term begins January 1, 2022, or to fill a vacancy in one of the positions appointed by the St. Louis County board, if the vacancy occurs before January 1, 2022." With the recommendation that when so amended the bill be placed on the General Register. Anderson, P., from the Committee on Agriculture Policy to which was referred: H. F. No. 3121, A bill for an act relating to food safety; expanding cottage foods license exemption to include limited liability companies; eliminating gross sales limit; requiring limited liability companies to maintain certain liability insurance; amending Minnesota Statutes 2016, section 28A.152, as amended. Reported the same back with the following amendments: Page 3, lines 1 and 2, reinstate the stricken language Amend the title as follows: Page 1, line 3, delete "eliminating gross sales limit;" With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Regulatory Reform. Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 3171, A bill for an act relating to health; requiring the commissioner of health to convene the older adult social isolation working group; appropriating money; requiring a report. Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy. Schomacker from the Committee on Health and Human Services Reform to which was referred: H. F. No. 3194, A bill for an act relating to health; requiring physicians to allow viewing of ultrasound imaging prior to an abortion; amending Minnesota Statutes 2016, section Reported the same back with the recommendation that the bill be placed on the General Register.