piers109uk/MN-Statutes huggingface dataset:
144E.123 PREHOSPITAL CARE DATA.
A licensee shall collect and provide prehospital care data to the director in a manner prescribed by the director. At a minimum, the data must include items identified by the director that are part of the National Uniform Emergency Medical Services Data Set. A licensee shall maintain prehospital care data for every response.
If a patient is transported to a hospital, a copy of the ambulance report delineating prehospital medical care given shall be provided to the receiving hospital.
Prehospital care data may be reviewed by the director or its designees. The data shall be classified as private data on individuals under chapter 13, the Minnesota Government Data Practices Act.
MS 2010 [Repealed by amendment, 1Sp2011 c 9 art 2 s 21]
MS 2022 [Repealed, 2024 c 122 art 1 s 25; 2024 c 127 art 63 s 23]
[See Note.]
144H.05 FEES.
The initial application fee for PPEC center licensure is $3,820.
The fee for renewal of a PPEC center license is $1,800.
The fee for late submission of an application to renew a PPEC center license is $25.
The fee for change of ownership of a PPEC center is $4,200.
All fees collected under this chapter are nonrefundable and must be deposited in the state treasury and credited to the state government special revenue fund.
144E.125 OPERATIONAL PROCEDURES.
A licensee shall establish and implement written procedures for responding to ambulance service complaints, maintaining ambulances and equipment, procuring and storing drugs, and controlling infection. The licensee shall maintain the procedures in its files.
145A.05 LOCAL ORDINANCES.
A county board may adopt ordinances for all or a part of its jurisdiction to regulate actual or potential threats to the public health under this section and section 375.51, unless the ordinances are preempted by, in conflict with, or less restrictive than standards in state law or rule.
In addition to powers under sections 35.67 to 35.69, a county board, city council, or municipality may adopt ordinances to issue licenses or otherwise regulate the keeping of animals, to restrain animals from running at large, to authorize the impounding and sale or summary destruction of animals, and to establish pounds.
Unless preempted by or in conflict with sections 394.21 to 394.37, a county board may adopt ordinances to prevent bringing, depositing, or leaving within the county any unwholesome substance and to require the owners or occupants of lands to remove unwholesome substances or to provide for removal at the expense of the owner or occupant.
A county board may adopt ordinances to provide for or regulate the disposal of sewage, garbage, and other refuse.
A county board may adopt ordinances to provide for cleaning and removal of obstructions from waters in the county and to prevent their obstruction or pollution.
A county board may adopt ordinances to regulate offensive trades, unless the ordinances are preempted by, in conflict with, or less restrictive than standards under sections 394.21 to 394.37. In this subdivision, "offensive trade" means a trade or employment that is hurtful to inhabitants within any county, city, or town, dangerous to the public health, injurious to neighboring property, or from which offensive odors arise.
A county board may adopt ordinances to define public health nuisances and to provide for their prevention or abatement.
A county board may adopt an ordinance establishing a countywide curfew for unmarried persons under 18 years of age. If the county board of a county located in the seven-county metropolitan area adopts a curfew ordinance under this subdivision, the ordinance shall contain an earlier curfew for children under the age of 12 than for older children.
A county board may adopt ordinances consistent with this section to administer and enforce the powers and duties delegated by agreement with the commissioner under section 145A.07.
The governing body of a city or town may adopt ordinances relating to the public health authorized by law or agreement with the commissioner under section 145A.07. The ordinances must not conflict with or be less restrictive than ordinances adopted by the county board within whose jurisdiction the city or town is located.
144E.127 INTERHOSPITAL AND INTERFACILITY 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 assistant who has been trained to use the equipment in the ambulance and is knowledgeable of the licensee's ambulance service protocols.
In an interfacility transport, a licensee whose primary service area is located outside the metropolitan counties listed in section 473.121, subdivision 4, 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, may substitute one EMT with a registered emergency medical responder if an EMT or paramedic, physician, registered nurse, or physician assistant is in the patient compartment. If using a physician, registered nurse, or physician assistant as the sole provider in the patient compartment, the individual must be trained to use the equipment in the ambulance and be knowledgeable of the ambulance service protocols.
144H.06 APPLICATION OF RULES FOR HOSPICE SERVICES AND RESIDENTIAL HOSPICE FACILITIES.
Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter, except that the following parts, subparts, items, and subitems do not apply:
(1) Minnesota Rules, part 4664.0003, subparts 2, 6, 7, 11, 12, 13, 14, and 38;
(2) Minnesota Rules, part 4664.0008;
(3) Minnesota Rules, part 4664.0010, subparts 3; 4, items A, subitem (6), and B; and 8;
(4) Minnesota Rules, part 4664.0020, subpart 13;
(5) Minnesota Rules, part 4664.0370, subpart 1;
(6) Minnesota Rules, part 4664.0390, subpart 1, items A, C, and E;
(7) Minnesota Rules, part 4664.0420;
(8) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;
(9) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12;
(10) Minnesota Rules, part 4664.0490; and
(11) Minnesota Rules, part 4664.0520.
144E.13 TEMPORARY LICENSE.
The director may issue a temporary license when a primary service area would be deprived of ambulance service. The temporary license shall expire when an applicant has been issued a regular license under this section. The temporary license shall be valid no more than six months from date of issuance. A temporary licensee must provide evidence that the licensee will meet the requirements of sections 144E.101 to 144E.127 and the rules adopted under this chapter.
144H.07 SERVICES; LIMITATIONS.
A PPEC center must provide basic services to medically complex or technologically dependent children, based on a protocol of care established for each child. A PPEC center may provide services up to 14 hours a day and up to six days a week.
A PPEC center must comply with the following standards related to services:
(1) a child is prohibited from attending a PPEC center for more than 14 hours within a 24-hour period;
(2) a PPEC center is prohibited from providing services other than those provided to medically complex or technologically dependent children; and
(3) the maximum capacity for medically complex or technologically dependent children at a center shall not exceed 45 children.
144E.14 TRANSFER OF LICENSE OR OWNERSHIP.
A license, or the ownership of a licensed ambulance service, may be transferred only upon approval of the director, based upon a finding that the proposed licensee or proposed new owner of a licensed ambulance service meets or will meet the requirements of sections 144E.101 to 144E.127. If the proposed transfer would result in an addition of a new base of operations, expansion of the service's primary service area, or provision of a new type or types of ambulance service, the director shall require the prospective licensee or owner to comply with section 144E.11. The director may approve the license or ownership transfer prior to completion of the application process described in section 144E.11 upon obtaining written assurances from the proposed licensee or proposed new owner that no expansion of the service's primary service area or provision of a new type or types of ambulance service will occur during the processing of the application. If requesting a transfer of its base of operations, an applicant must comply with the requirements of section 144E.15.
144H.08 ADMINISTRATION AND MANAGEMENT.
(a) The owner of a PPEC center shall have full legal authority and responsibility for the operation of the center. A PPEC center must be organized according to a written table of organization, describing the lines of authority and communication to the child care level. The organizational structure must be designed to ensure an integrated continuum of services for the children served.
(b) The owner must designate one person as a center administrator, who is responsible and accountable for overall management of the center.
The center administrator is responsible and accountable for overall management of the center. The administrator must:
(1) designate in writing a person to be responsible for the center when the administrator is absent from the center for more than 24 hours;
(2) maintain the following written records, in a place and form and using a system that allows for inspection of the records by the commissioner during normal business hours:
(i) a daily census record, which indicates the number of children currently receiving services at the center;
(ii) a record of all accidents or unusual incidents involving any child or staff member that caused, or had the potential to cause, injury or harm to a person at the center or to center property;
(iii) copies of all current agreements with providers of supportive services or contracted services;
(iv) copies of all current agreements with consultants employed by the center, documentation of each consultant's visits, and written, dated reports; and
(v) a personnel record for each employee, which must include an application for employment, references, employment history for the preceding five years, and copies of all performance evaluations;
(3) develop and maintain a current job description for each employee;
(4) provide necessary qualified personnel and ancillary services to ensure the health, safety, and proper care for each child; and
(5) develop and implement infection control policies that comply with rules adopted by the commissioner regarding infection control.
144E.15 RELOCATION OF BASE OF OPERATIONS.
To relocate the base of operations to another municipality or township within its primary service area, a licensee must provide written notification to the director prior to relocating. The director shall review the proposal to determine if relocation would adversely affect service coverage within the primary service area. The applicant must furnish any additional information requested by the director to support its proposed transfer. If the director does not approve the relocation proposal, the licensee must comply with the application requirements for a new license under section 144E.11.
145A.07 DELEGATION OF POWERS AND DUTIES.
(a) The commissioner of health may enter into an agreement with any community health board, or county or city that has an established delegation agreement as of January 1, 2014, to delegate all or part of the licensing, inspection, reporting, and enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered into under Minnesota Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.
A community health board may authorize a city or county within its jurisdiction to carry out activities to fulfill community health board responsibilities. An agreement to delegate community health board powers and duties to a county or city must be approved by the commissioner.
(a) Agreements authorized under this section must be in writing and signed by the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating authority will use to determine if the designated agent's performance meets appropriate standards and is sufficient to replace performance by the delegating authority.
(c) The agreement may specify minimum staff requirements and qualifications, set procedures for the assessment of costs, and provide for termination procedures if the delegating authority finds that the designated agent fails to comply with the agreement.
(d) A designated agent must not perform licensing, inspection, or enforcement duties under the agreement in territory outside its jurisdiction unless approved by the governing body for that territory through a separate agreement.
(e) The scope of agreements established under this section is limited to duties and responsibilities agreed upon by the parties. The agreement may provide for automatic renewal and for notice of intent to terminate by either party.
(f) During the life of the agreement, the delegating authority shall not perform duties that the designated agent is required to perform under the agreement, except inspections necessary to determine compliance with the agreement and this section or as agreed to by the parties.
(g) The delegating authority shall consult with, advise, and assist a designated agent in the performance of its duties under the agreement.
(h) This section does not alter the responsibility of the delegating authority for the performance of duties specified in law.
145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
A person who has or whose dependent or spouse has a communicable disease that is subject to control by the community health board is financially liable to the unit or agency of government that paid for the reasonable cost of care provided to control the disease under section 145A.04, subdivision 6.
(a) If costs are assessed for enforcement of section 145A.04, subdivision 8, and no procedure for the assessment of costs has been specified in an agreement established under section 145A.07, the enforcement costs must be assessed as prescribed in this subdivision.
(b) A debt or claim against an individual owner or single piece of real property resulting from an enforcement action authorized by section 145A.04, subdivision 8, must not exceed the cost of abatement or removal.
(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be assessed and charged against the real property on which the public health nuisance, source of filth, or cause of sickness was located. The auditor of the county in which the action is taken shall extend the cost so assessed and charged on the tax roll of the county against the real property on which the enforcement action was taken.
(d) The cost of an enforcement action taken by a town or city under section 145A.04, subdivision 8, may be recovered from the county in which the town or city is located if the city clerk or other officer certifies the costs of the enforcement action to the county auditor as prescribed in this section. Taxes equal to the full amount of the enforcement action but not exceeding the limit in paragraph (b) must be collected by the county treasurer and paid to the city or town as other taxes are collected and paid.
A city council or county board that has formed or is a member of a community health board may levy taxes on all taxable property in its jurisdiction to pay the cost of performing its duties under this chapter.
144E.16 RULES; LOCAL STANDARDS.
MS 1998 [Repealed, 1999 c 245 art 9 s 66]
MS 1998 [Repealed, 1999 c 245 art 9 s 66]
MS 1998 [Repealed, 1999 c 245 art 9 s 66]
The director may adopt rules needed to regulate ambulance services in the following areas:
(1) applications for licensure;
(2) personnel qualifications and staffing standards;
(3) quality of life-support treatment;
(4) restricted treatments and procedures;
(5) equipment standards;
(6) ambulance standards;
(7) communication standards, equipment performance and maintenance, and radio frequency assignments;
(8) advertising;
(9) scheduled ambulance services;
(10) ambulance services in time of disaster;
(11) basic, intermediate, advanced, and refresher emergency care course programs;
(12) continuing education requirements;
(13) trip reports;
(14) license fees, vehicle fees, and expiration dates; and
(15) waivers and variances.
(a) Local units of government may, with the approval of the director, establish standards for ambulance services which impose additional requirements upon such services. Local units of government intending to impose additional requirements shall consider whether any benefit accruing to the public health would outweigh the costs associated with the additional requirements.
(b) Local units of government that desire to impose additional requirements shall, prior to adoption of relevant ordinances, rules, or regulations, furnish the director with a copy of the proposed ordinances, rules, or regulations, along with information that affirmatively substantiates that the proposed ordinances, rules, or regulations:
(1) will in no way conflict with the relevant rules of the office;
(2) will establish additional requirements tending to protect the public health;
(3) will not diminish public access to ambulance services of acceptable quality; and
(4) will not interfere with the orderly development of regional systems of emergency medical care.
(c) The director shall base any decision to approve or disapprove local standards upon whether or not the local unit of government in question has affirmatively substantiated that the proposed ordinances, rules, or regulations meet the criteria specified in paragraph (b).
MS 1998 [Repealed, 1999 c 245 art 9 s 66]
Regional emergency medical services programs and any ambulance service licensed under this chapter must develop stroke transport protocols. The protocols must include standards of care for triage and transport of acute stroke patients within a specific time frame from symptom onset until transport to the most appropriate designated acute stroke ready hospital, primary stroke center, thrombectomy-capable stroke center, or comprehensive stroke center.
Regional and local emergency medical services programs must develop STEMI transport protocols. The protocols must include standards of care for triage and transport of ST segment elevation myocardial infarction patients within a specific time frame from first medical contact until transport to the most appropriate hospital based on the patient's condition, the time of transport, and the hospital's capabilities.
145.075 INJUNCTIVE RELIEF BROUGHT BY COMMISSIONER.
In addition to any other remedy provided by law, the commissioner may in the commissioner's own name bring an action in the court of appropriate jurisdiction to enjoin any violation of a statute or rule which the commissioner is empowered to enforce or adopt, or to enjoin as a public health nuisance any activity or failure to act that adversely affects the public health.
144G.32 RECONSIDERATION OF CORRECTION ORDERS AND FINES.
The commissioner shall make available to assisted living facilities a correction order reconsideration process. This process may be used to challenge the correction order issued, including the level and scope described in section 144G.31, and any fine assessed. When a licensee requests reconsideration of a correction order, the correction order is not stayed while it is under reconsideration. The commissioner shall post information on its website that the licensee requested reconsideration of the correction order and that the review is pending.
An assisted living facility may request from the commissioner, in writing, a correction order reconsideration regarding any correction order issued to the facility. The written request for reconsideration must be received by the commissioner within 15 calendar days of the correction order receipt date. The correction order reconsideration shall not be reviewed by any surveyor, investigator, or supervisor that participated in writing or reviewing the correction order being disputed. The correction order reconsiderations may be conducted in person, by telephone, by another electronic form, or in writing, as determined by the commissioner. The commissioner shall respond in writing to the request from a facility for a correction order reconsideration within 60 days of the date the facility requests a reconsideration. The commissioner's response shall identify the commissioner's decision regarding each citation challenged by the facility.
The findings of a correction order reconsideration process shall be one or more of the following:
(1) supported in full: the correction order is supported in full, with no deletion of findings to the citation;
(2) supported in substance: the correction order is supported, but one or more findings are deleted or modified without any change in the citation;
(3) correction order cited an incorrect licensing requirement: the correction order is amended by changing the correction order to the appropriate statute or rule;
(4) correction order was issued under an incorrect citation: the correction order is amended to be issued under the more appropriate correction order citation;
(5) the correction order is rescinded;
(6) fine is amended: it is determined that the fine assigned to the correction order was applied incorrectly; or
(7) the level or scope of the citation is modified based on the reconsideration.
If the correction order findings are changed by the commissioner, the commissioner shall update the correction order website.
This section does not apply to provisional licensees.
144H.09 ADMISSION, TRANSFER, AND DISCHARGE POLICIES; CONSENT FORM.
A PPEC center must have written policies and procedures governing the admission, transfer, and discharge of children.
At least ten days prior to a child's discharge from a PPEC center, the PPEC center shall provide notice of the discharge to the child's parent or guardian.
A parent or guardian must sign a consent form outlining the purpose of a PPEC center, specifying family responsibilities, authorizing treatment and services, providing appropriate liability releases, and specifying emergency disposition plans, before the child's admission to the center. The center must provide the child's parents or guardians with a copy of the consent form and must maintain the consent form in the child's medical record.
144H.10 MEDICAL DIRECTOR.
A PPEC center must have a medical director who is a physician licensed in Minnesota and certified by the American Board of Pediatrics.
144H.11 NURSING SERVICES.
A PPEC center must have a nursing director who is a registered nurse licensed in Minnesota, holds a current certification in cardiopulmonary resuscitation, and has at least four years of general pediatric nursing experience, at least one year of which must have been spent caring for medically fragile infants or children in a pediatric intensive care, neonatal intensive care, PPEC center, or home care setting during the previous five years. The nursing director is responsible for the daily operation of the PPEC center.
A registered nurse employed by a PPEC center must be a registered nurse licensed in Minnesota, hold a current certification in cardiopulmonary resuscitation, and have experience in the previous 24 months in being responsible for the care of acutely ill or chronically ill children.
A licensed practical nurse employed by a PPEC center must be supervised by a registered nurse and must be a licensed practical nurse licensed in Minnesota, have at least two years of experience in pediatrics, and hold a current certification in cardiopulmonary resuscitation.
(a) Direct care personnel governed by this subdivision include nursing assistants and individuals with training and experience in the field of education, social services, or child care.
(b) All direct care personnel employed by a PPEC center must work under the supervision of a registered nurse and are responsible for providing direct care to children at the center. Direct care personnel must have extensive, documented education and skills training in providing care to infants and toddlers, provide employment references documenting skill in the care of infants and children, and hold a current certification in cardiopulmonary resuscitation.
144E.18 INSPECTIONS.
The director may inspect ambulance services as frequently as deemed necessary to determine whether an ambulance service is in compliance with sections 144E.001 to 144E.33 and rules adopted under those sections. The director may review at any time documentation or electronic files required to be on file with a licensee.
144G.33 INNOVATION VARIANCE.
(a) For purposes of this section, "innovation variance" means a specified alternative to a requirement of this chapter.
(b) An innovation variance may be granted to allow an assisted living facility to offer services of a type or in a manner that is innovative, will not impair the services provided, will not adversely affect the health, safety, or welfare of the residents, and is likely to improve the services provided. The innovative variance cannot change any of the resident's rights under the assisted living bill of rights.
The commissioner may impose conditions on granting an innovation variance that the commissioner considers necessary.
The commissioner may limit the duration of any innovation variance and may renew a limited innovation variance.
An application for innovation variance from the requirements of this chapter may be made at any time, must be made in writing to the commissioner, and must specify the following:
(1) the statute or rule from which the innovation variance is requested;
(2) the time period for which the innovation variance is requested;
(3) the specific alternative action that the licensee proposes;
(4) the reasons for the request; and
(5) justification that an innovation variance will not impair the services provided, will not adversely affect the health, safety, or welfare of residents, and is likely to improve the services provided.
The commissioner may require additional information from the facility before acting on the request.
The commissioner shall grant or deny each request for an innovation variance in writing within 45 days of receipt of a complete request. Notice of a denial shall contain the reasons for the denial. The terms of a requested innovation variance may be modified upon agreement between the commissioner and the facility.
A failure to comply with the terms of an innovation variance shall be deemed to be a violation of this chapter.
The commissioner shall revoke or deny renewal of an innovation variance if:
(1) it is determined that the innovation variance is adversely affecting the health, safety, or welfare of the residents;
(2) the facility has failed to comply with the terms of the innovation variance;
(3) the facility notifies the commissioner in writing that it wishes to relinquish the innovation variance and be subject to the statute previously varied; or
(4) the revocation or denial is required by a change in law.
144H.12 TOTAL STAFFING FOR NURSING SERVICES AND DIRECT CARE PERSONNEL.
A PPEC center must provide total staffing for nursing services and direct care personnel at a ratio of one staff person for every three children at the center. The staffing ratio required in this section is the minimum staffing permitted.
144E.19 DISCIPLINARY ACTION.
The director may suspend, revoke, refuse to renew, or place conditions on the license of a licensee upon finding that the licensee has violated a provision of this chapter or rules adopted under this chapter or has ceased to provide the service for which the licensee is licensed.
(a) Before taking action under subdivision 1, the director shall give notice to a licensee of the right to a contested case hearing under chapter 14. If a licensee requests a contested case hearing within 30 days after receiving notice, the director shall initiate a contested case hearing according to chapter 14.
(b) The administrative law judge shall issue a report and recommendation within 30 days after closing the contested case hearing record. The director shall issue a final order within 30 days after receipt of the administrative law judge's report.
(a) In addition to any other remedy provided by law, the director may temporarily suspend the license of a licensee after conducting a preliminary inquiry to determine whether the director believes that the licensee has violated a statute or rule that the director is empowered to enforce and determining that the continued provision of service by the licensee would create an imminent risk to public health or harm to others.
(b) A temporary suspension order prohibiting a licensee from providing ambulance service shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state the reasons for the entry of the temporary suspension order.
(c) Service of a temporary suspension order is effective when the order is served on the licensee personally or by certified mail, which is complete upon receipt, refusal, or return for nondelivery to the most recent address provided to the director for the licensee.
(d) At the time the director issues a temporary suspension order, the director shall schedule a hearing that shall begin within 60 days after issuance of the temporary suspension order or within 15 working days of the date of the director's receipt of a request for a hearing from a licensee, whichever is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under this paragraph is not subject to chapter 14.
(e) Evidence presented by the director or licensee may be in the form of an affidavit. The licensee or the licensee's designee may appear for oral argument.
(f) Within five working days of the hearing, the director shall issue its order and, if the suspension is continued, notify the licensee of the right to a contested case hearing under chapter 14.
(g) If a licensee requests a contested case hearing within 30 days after receiving notice under paragraph (f), the director shall initiate a contested case hearing according to chapter 14. The administrative law judge shall issue a report and recommendation within 30 days after the closing of the contested case hearing record. The director shall issue a final order within 30 days after receipt of the administrative law judge's report.
144G.40 HOUSING AND SERVICES.
The facility is directly responsible to the resident for all housing and service-related matters provided, irrespective of a management contract. Housing and service-related matters include but are not limited to the handling of complaints, the provision of notices, and the initiation of any adverse action against the resident involving housing or services provided by the facility.
(a) All assisted living facilities must provide to prospective residents:
(1) a disclosure of the categories of assisted living licenses available and the category of license held by the facility;
(2) a written checklist listing all services permitted under the facility's license, identifying all services the facility offers to provide under the assisted living facility contract, and identifying all services allowed under the license that the facility does not provide; and
(3) an oral explanation of the services offered under the contract.
(b) The requirements of paragraph (a) must be completed prior to the execution of the assisted living contract.
(c) The commissioner must, in consultation with all interested stakeholders, design the uniform checklist disclosure form for use as provided under paragraph (a).
Nothing in this chapter:
(1) requires a resident to utilize any service provided by or through, or made available in, a facility;
(2) prevents a facility from requiring, as a condition of the contract, that the resident pay for a package of services even if the resident does not choose to use all or some of the services in the package. For residents who are eligible for home and community-based waiver services under chapter 256S and section 256B.49, payment for services will follow the policies of those programs;
(3) requires a facility to fundamentally alter the nature of the operations of the facility in order to accommodate a resident's request; or
(4) affects the duty of a facility to grant a resident's request for reasonable accommodations.
145A.11 POWERS AND DUTIES OF CITY AND COUNTY.
In addition to the powers and duties prescribed elsewhere in law and in section 145A.05, a city council or county board that has formed or is a member of a community health board has the powers and duties prescribed in this section.
In levying taxes authorized under section 145A.08, subdivision 3, a city council or county board that has formed or is a member of a community health board must consider the income and expenditures required to meet local public health priorities established under section 145A.04, subdivision 1a, clause (2), and statewide outcomes under section 145A.04, subdivision 1a, clause (1).
[Repealed, 1Sp2003 c 14 art 8 s 32]
A city council or county board that has established or is a member of a community health board may by ordinance adopt and enforce minimum standards for services provided according to section 145A.02. An ordinance must not conflict with state law or with more stringent standards established either by rule of an agency of state government or by the provisions of the charter or ordinances of any city.
144H.13 MEDICAL RECORD; PROTOCOL OF CARE.
A medical record and an individualized nursing protocol of care must be developed for each child admitted to a PPEC center, must be maintained for each child, and must be signed by authorized personnel.
144G.401 PAYMENT FOR SERVICES UNDER DISABILITY WAIVERS.
For new assisted living facilities that did not operate as registered housing with services establishments prior to August 1, 2021, home and community-based services under section 256B.49 are not available when the new facility setting is adjoined to, or on the same property as, an institution as defined in Code of Federal Regulations, title 42, section 441.301(c).
144H.14 QUALITY ASSURANCE PROGRAM.
A PPEC center must have a quality assurance program, in which quarterly reviews are conducted of the PPEC center's medical records and protocols of care for at least half of the children served by the PPEC center. The quarterly review sample must be randomly selected so each child at the center has an equal opportunity to be included in the review. The committee conducting quality assurance reviews must include the medical director, administrator, nursing director, and three other committee members determined by the PPEC center.
144E.265 MEDICAL DIRECTOR.
A medical director shall:
(1) be currently licensed as a physician in this state;
(2) have experience in, and knowledge of, emergency care of acutely ill or traumatized patients; and
(3) be familiar with the design and operation of local, regional, and state emergency medical service systems.
Responsibilities of the medical director shall include, but are not limited to:
(1) approving standards for education and orientation of personnel that impact patient care;
(2) approving standards for purchasing equipment and supplies that impact patient care;
(3) establishing standing orders for prehospital care;
(4) approving written triage, treatment, and transportation guidelines for adult and pediatric patients;
(5) participating in the development and operation of continuous quality improvement programs including, but not limited to, case review and resolution of patient complaints;
(6) establishing procedures for the administration of drugs; and
(7) maintaining the quality of care according to the standards and procedures established under clauses (1) to (6).
Annually, the medical director or the medical director's designee shall assess the practical skills of each person on the ambulance service roster and sign a statement verifying the proficiency of each person. The statements shall be maintained in the licensee's files.
144E.266 EMERGENCY SUSPENSION OF AMBULANCE SERVICE REQUIREMENT.
(a) The requirements of sections 144E.10; 144E.101, subdivisions 1, 2, 3, 6, 7, 8, 9, 10, 11, and 13; 144E.103; 144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are suspended:
(1) throughout the state during a national security emergency declared under section 12.31;
(2) in the geographic areas of the state affected during a peacetime emergency declared under section 12.31; and
(3) in the geographic areas of the state affected during a local emergency declared under section 12.29.
(b) For purposes of this section, the geographic areas of the state affected shall include geographic areas where one or more ambulance services are providing requested mutual aid to the site of the emergency.
144H.16 COMPLIANCE WITH OTHER LAWS.
A PPEC center must develop policies and procedures for reporting suspected child maltreatment that fulfill the requirements of chapter 260E. The policies and procedures must include the telephone numbers of the local county child protection agency for reporting suspected maltreatment. The policies and procedures specified in this subdivision must be provided to the parents or guardians of all children at the time of admission to the PPEC center and must be available upon request.
A PPEC center must comply with the crib safety requirements in section 142B.45, to the extent they are applicable.
144H.15 INSPECTIONS.
(a) The commissioner may inspect a PPEC center, including records held at the center, at reasonable times as necessary to ensure compliance with this chapter and the rules that apply to PPEC centers. During an inspection, a center must provide the commissioner with access to all center records.
(b) The commissioner must inspect a PPEC center before issuing or renewing a license under this chapter.
145A.135 LOCAL AND TRIBAL PUBLIC HEALTH EMERGENCY PREPAREDNESS AND RESPONSE GRANT PROGRAM.
The commissioner of health must establish a local and Tribal public health emergency preparedness and response grant program.
(a) The commissioner must distribute funding for emergency preparedness and response activities to community health boards and Tribal public health departments based on a formula determined by the commissioner, in consultation with the State Community Health Services Advisory Committee.
(b) Grant proceeds must align with the Centers for Disease Control and Prevention's issued report: Public Health Emergency Preparedness and Response Capabilities: National Standards for State, Local, Tribal, and Territorial Public Health.
(a) Each grantee must submit a report to the commissioner, in a manner and on a timeline specified by the commissioner, on how the grant funds were spent and the purposes for which they were spent.
(b) By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over health policy and finance. The report must include information on how the grant funds were distributed and used at the local and Tribal level.
144H.18 FINES; CORRECTIVE ACTION PLANS.
If the commissioner determines that a PPEC center is not in compliance with this chapter or rules that apply to PPEC centers, the commissioner may require the center to submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to approval by the commissioner.
The commissioner may issue a fine to a PPEC center, employee, or contractor if the commissioner determines the center, employee, or contractor violated this chapter or rules that apply to PPEC centers. The fine amount shall not exceed an amount for each violation and an aggregate amount established by the commissioner. The failure to correct a violation by the date set by the commissioner, or a failure to comply with an approved corrective action plan, constitutes a separate violation for each day the failure continues, unless the commissioner approves an extension to a specific date. In determining if a fine is to be imposed and establishing the amount of the fine, the commissioner shall consider:
(1) the gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the applicable laws were violated;
(2) actions taken by the owner or administrator to correct violations;
(3) any previous violations; and
(4) the financial benefit to the PPEC center of committing or continuing the violation.
The commissioner shall impose a fine of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center, employee, or contractor of section 144H.16, subdivision 2, or chapter 260E.
144H.17 DENIAL, SUSPENSION, REVOCATION, REFUSAL TO RENEW A LICENSE.
(a) The commissioner may deny, suspend, revoke, or refuse to renew a license issued under this chapter for:
(1) a violation of this chapter or rules adopted that apply to PPEC centers; or
(2) an intentional or negligent act by an employee or contractor at the center that detrimentally affects the health or safety of children at the PPEC center.
(b) Prior to any suspension, revocation, or refusal to renew a license, a licensee shall be entitled to a hearing and review as provided in sections 14.57 to 14.69.
145A.14 SPECIAL GRANTS.
(a) The commissioner may make special grants to cities, counties, groups of cities or counties, or nonprofit corporations to establish, operate, or subsidize clinic facilities and services, including mobile clinics, to furnish health services for migrant agricultural workers and their families in areas of the state where significant numbers of migrant workers are located. "Migrant agricultural worker" means any individual whose principal employment is in agriculture on a seasonal basis, who has been so employed within the past 24 months, and who has established a temporary residence for the purpose of such employment.
(b) Applicants must submit for approval a plan and budget for the use of the funds in the form and detail specified by the commissioner.
(c) Applicants must keep records, including records of expenditures to be audited, as the commissioner specifies.
(a) The commissioner may make special grants to establish, operate, or subsidize clinic facilities and services to furnish health services for American Indians who reside off reservations.
(b) Applicants must submit for approval a plan and budget for the use of the funds in the form and detail specified by the commissioner.
(c) Applicants must keep records, including records of expenditures to be audited, as the commissioner specifies.
(a) Of the funding available for local public health grants, $1,500,000 per year is available to tribal governments for:
(1) maternal and child health activities under section 145.882, subdivision 7;
(2) activities to reduce health disparities under section 145.928, subdivision 10; and
(3) emergency preparedness.
(b) The commissioner, in consultation with tribal governments, shall establish a formula for distributing the funds and developing the outcomes to be measured.
The commissioner must distribute grants to Tribal governments for foundational public health responsibilities as defined by each Tribal government.
[Repealed, 1Sp2003 c 14 art 8 s 32]
[Repealed, 1Sp2003 c 14 art 8 s 32]
145A.145 NURSE-FAMILY PARTNERSHIP PROGRAMS.
(a) The commissioner of health shall award expansion grants to community health boards and tribal nations to expand existing nurse-family partnership programs. Grant funds must be used to start up, expand, or sustain nurse-family partnership programs in the county, reservation, or region to serve families in accordance with the Nurse-Family Partnership Service Office nurse-family partnership model. The commissioner shall award grants to community health boards, nonprofit organizations, or tribal nations in metropolitan and rural areas of the state.
(b) Priority for all grants shall be given to nurse-family partnership programs that provide services through a Minnesota health care program-enrolled provider that accepts medical assistance. Priority for grants to rural areas shall be given to community health boards, nonprofit organizations, and tribal nations that start up, expand, or sustain services within regional partnerships that provide the nurse-family partnership program.
(c) Funding available under this section may only be used to supplement, not to replace, funds being used for nurse-family partnership home visiting services as of June 30, 2015.
144H.19 CLOSING A PPEC CENTER.
When a PPEC center voluntarily closes, it must, at least 30 days before closure, inform each child's parents or guardians of the closure and when the closure will occur.
144E.283 INSTRUCTOR QUALIFICATIONS.
(a) An emergency medical technician instructor must:
(1) possess valid certification, registration, or licensure as an EMT, AEMT, paramedic, physician, physician assistant, or registered nurse;
(2) have two years of active emergency medical practical experience;
(3) be recommended by a medical director of a licensed hospital, ambulance service, or education program approved by the director;
(4) successfully complete the United States Department of Transportation Emergency Medical Services Instructor Education Program or its equivalent as approved by the director; and
(5) complete eight hours of continuing education in educational topics every two years, with documentation filed with the education program coordinator.
(b) An emergency medical responder instructor must possess valid registration, certification, or licensure as an EMR, EMT, AEMT, paramedic, physician, physician assistant, or registered nurse.
144G.51 ARBITRATION.
(a) An assisted living facility must clearly and conspicuously disclose, in writing in an assisted living contract, any arbitration provision in the contract that precludes, limits, or delays the ability of a resident from taking a civil action.
(b) An arbitration requirement must not include a choice of law or choice of venue provision. Assisted living contracts must adhere to Minnesota law and any other applicable federal or local law.
144H.20 PHYSICAL ENVIRONMENT.
A PPEC center shall conform with or exceed the physical environment requirements in this section and the physical environment requirements for day care facilities in Minnesota Rules, part 9502.0425. If the physical environment requirements in this section differ from the physical environment requirements for day care facilities in Minnesota Rules, part 9502.0425, the requirements in this section shall prevail. A PPEC center must have sufficient indoor and outdoor space to accommodate at least six medically complex or technologically dependent children.
(a) The entrance to a PPEC center must be barrier-free, have a wheelchair ramp, provide for traffic flow with a driveway area for entering and exiting, and have storage space for supplies from home.
(b) A PPEC center must have a treatment room with a medication preparation area. The medication preparation area must contain a work counter, refrigerator, sink with hot and cold running water, and locked storage for biologicals and prescription drugs.
(c) A PPEC center must develop isolation procedures to prevent cross-infections and must have an isolation room with at least one glass area for observation of a child in the isolation room. The isolation room must be at least 100 square feet in size.
(d) A PPEC center must have:
(1) an outdoor play space adjacent to the center of at least 35 square feet per child in attendance at the center, for regular use; or
(2) a park, playground, or play space within 1,500 feet of the center.
(e) A PPEC center must have at least 50 square feet of usable indoor space per child in attendance at the center.
(f) Notwithstanding the Minnesota State Building Code and the Minnesota State Fire Code, a new construction PPEC center or an existing building converted into a PPEC center must meet the requirements of the International Building Code in Minnesota Rules, chapter 1305, for:
(1) Group R, Division 4 occupancy, if serving 12 or fewer children; or
(2) Group E, Division 4 occupancy or Group I, Division 4 occupancy, if serving 13 or more children.