reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.477 — Compliance.

144A.477 COMPLIANCE.
Subdivision 1.
Medicare-certified providers; coordination of surveys.
If feasible, the commissioner shall survey licensees to determine compliance with this chapter at the same time as surveys for certification for Medicare if Medicare certification is based on compliance with the federal conditions of participation and on survey and enforcement by the Department of Health as agent for the United States Department of Health and Human Services.
Subd. 2.
Medicare-certified providers; equivalent requirements.
For home care providers licensed to provide comprehensive home care services that are also certified for participation in Medicare as a home health agency under Code of Federal Regulations, title 42, part 484, the following state licensure regulations are considered equivalent to the federal requirements:
(1) quality management, section 144A.479, subdivision 3;
(2) personnel records, section 144A.479, subdivision 7;
(3) acceptance of clients, section 144A.4791, subdivision 4;
(4) referrals, section 144A.4791, subdivision 5;
(5) client assessment, sections 144A.4791, subdivision 8, and 144A.4792, subdivisions 2 and 3;
(6) individualized monitoring and reassessment, sections 144A.4791, subdivision 8, and 144A.4792, subdivisions 2 and 3;
(7) individualized service plan, sections 144A.4791, subdivision 9, 144A.4792, subdivision 5, and 144A.4793, subdivision 3;
(8) client complaint and investigation process, section 144A.4791, subdivision 11;
(9) prescription orders, section 144A.4792, subdivisions 13 to 16;
(10) client records, section 144A.4794, subdivisions 1 to 3;
(11) qualifications for unlicensed personnel performing delegated tasks, section 144A.4795;
(12) training and competency staff, section 144A.4795;
(13) training and competency for unlicensed personnel, section 144A.4795, subdivision 7;
(14) delegation of home care services, section 144A.4795, subdivision 4;
(15) availability of contact person, section 144A.4797, subdivision 1; and
(16) supervision of staff, section 144A.4797, subdivisions 2 and 3.
Violations of requirements in clauses (1) to (16) may lead to enforcement actions under section 144A.474.
History:
2013 c 108 art 11 s 16; 2014 c 275 art 1 s 135
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.478 — Innovation Variance.

144A.478 INNOVATION VARIANCE.
Subdivision 1.
Definition.
For purposes of this section, "innovation variance" means a specified alternative to a requirement of this chapter. An innovation variance may be granted to allow a home care provider to offer home care 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 clients, and is likely to improve the services provided. The innovative variance cannot change any of the client's rights under section 144A.44, home care bill of rights.
Subd. 2.
Conditions.
The commissioner may impose conditions on the granting of an innovation variance that the commissioner considers necessary.
Subd. 3.
Duration and renewal.
The commissioner may limit the duration of any innovation variance and may renew a limited innovation variance.
Subd. 4.
Applications; 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 law 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 clients, and is likely to improve the services provided.
The commissioner may require additional information from the home care provider before acting on the request.
Subd. 5.
Grants and denials.
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 home care provider.
Subd. 6.
Violation of innovation variances.
A failure to comply with the terms of an innovation variance shall be deemed to be a violation of this chapter.
Subd. 7.
Revocation or denial of renewal.
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 licensee's clients;
(2) the home care provider has failed to comply with the terms of the innovation variance;
(3) the home care provider 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.
History:
2013 c 108 art 11 s 17; 2014 c 275 art 1 s 135
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.4798 — Disease Prevention And Infection Control.

144A.4798 DISEASE PREVENTION AND INFECTION CONTROL.
Subdivision 1.
Tuberculosis (TB) infection control.
(a) A home care provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in the CDC's Morbidity and Mortality Weekly Report. This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. The commissioner shall provide technical assistance regarding implementation of the guidelines.
(b) The home care provider must maintain written evidence of compliance with this subdivision.
Subd. 2.
Communicable diseases.
A home care provider must follow current state requirements for prevention, control, and reporting of communicable diseases as defined in Minnesota Rules, parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.
Subd. 3.
Infection control program.
A home care provider must establish and maintain an effective infection control program that complies with accepted health care, medical, and nursing standards for infection control.
History:
2013 c 108 art 11 s 26; 1Sp2019 c 9 art 11 s 64
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.483 — Agency Quality Improvement Program.

144A.483 AGENCY QUALITY IMPROVEMENT PROGRAM.
Subdivision 1.
Annual legislative report on home care licensing.
The commissioner shall establish a quality improvement program for the home care survey and home care complaint investigation processes. The commissioner shall submit to the legislature an annual report, beginning October 1, 2015, and each October 1 thereafter, until October 1, 2027. Each report will review the previous state fiscal year of home care licensing and regulatory activities. The report must include, but is not limited to, an analysis of:
(1) the number of FTEs in the Division of Compliance Monitoring, including the Office of Health Facility Complaints units assigned to home care licensing, survey, investigation, and enforcement process;
(2) numbers of and descriptive information about licenses issued, complaints received and investigated, including allegations made and correction orders issued, surveys completed and timelines, and correction order reconsiderations and results;
(3) descriptions of emerging trends in home care provision and areas of concern identified by the department in its regulation of home care providers;
(4) information and data regarding performance improvement projects underway and planned by the commissioner in the area of home care surveys; and
(5) work of the Department of Health Home Care Advisory Council.
Subd. 2.
[Repealed, 2022 c 98 art 14 s 33]
History:
2013 c 108 art 11 s 30; 2022 c 98 art 14 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.51 — Definitions.

144A.51 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 144A.51 to 144A.54, the terms defined in this section have the meanings given them.
Subd. 2.
Administrative agency or agency.
"Administrative agency" or "agency" means any division, official, or employee of a state or local governmental agency, but does not include:
(1) any member of the senate or house of representatives;
(2) the governor or personal staff of the governor;
(3) any instrumentality of the federal government of the United States; or
(4) any court or judge.
Subd. 3.
Director.
"Director" means the director of the Office of Health Facility Complaints.
Subd. 4.
Health care provider.
"Health care provider" means any professional licensed by the state to provide medical or health care services who does provide the services to a resident of a health facility or a residential care home.
Subd. 5.
Health facility.
"Health facility" means a facility or that part of a facility which is required to be licensed pursuant to sections 144.50 to 144.58, 144.615, and a facility or that part of a facility which is required to be licensed under any law of this state which provides for the licensure of nursing homes.
Subd. 6.
Resident.
"Resident" means any resident or patient of a health facility or a residential care home, or a consumer of services provided by a home care provider, or the guardian or conservator of the resident, patient, or consumer, if one has been appointed.
Subd. 7.
Home care provider.
"Home care provider" means a home care provider as defined in section 144A.43, subdivision 4.
History:
1976 c 325 s 1; 1986 c 444; 1987 c 378 s 9,10; 1987 c 384 art 2 s 1; 1991 c 292 art 2 s 12; 1992 c 513 art 6 s 12-14; 1Sp2010 c 1 art 20 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.52 — Office Of Health Facility Complaints.

144A.52 OFFICE OF HEALTH FACILITY COMPLAINTS.
Subdivision 1.
Creation; administration.
The Office of Health Facility Complaints is hereby created in the Department of Health. The office shall be headed by a director appointed by the state commissioner of health.
The commissioner of health shall provide the Office of Health Facility Complaints with office space, administrative services and secretarial and clerical assistance.
Subd. 2.
Staff.
The director may appoint a deputy director and one personal secretary to discharge the responsibilities of the office. Any deputy director or personal secretary and all other employees of the office shall be classified employees of the state commissioner of health.
Subd. 3.
Duties; delegation.
The director may delegate to members of the staff any of the authority or duties of the director except the duty of formally making recommendations to the legislature, administrative agencies, health facilities, residential care homes, health care providers, home care providers, and the state commissioner of health.
Subd. 4.
Training.
The director shall attempt to include staff persons with expertise in areas such as law, health care, social work, dietary needs, sanitation, financial audits, health-safety requirements as they apply to health facilities, residential care homes, and any other relevant fields. To the extent possible, employees of the office shall meet federal training requirements for health facility surveyors.
History:
1976 c 325 s 2; 1977 c 305 s 45; 1982 c 560 s 48; 1986 c 444; 1987 c 378 s 11; 1991 c 238 art 1 s 8; 1992 c 513 art 6 s 15,16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.54 — Publication Of Recommendations; Reports.

144A.54 PUBLICATION OF RECOMMENDATIONS; REPORTS.
Subdivision 1.
Director; duties.
Except as otherwise provided by this section, the director may determine the form, frequency, and distribution of the conclusions and recommendations. The director shall transmit the conclusions and recommendations to the state commissioner of health. Before announcing a conclusion or recommendation that expressly or by implication criticizes an administrative agency, a health care provider, a home care provider, a residential care home, or a health facility, the director shall consult with that agency, health care provider, home care provider, home, or facility. When publishing an opinion adverse to an administrative agency, a health care provider, a home care provider, a residential care home, or a health facility, the director shall include in the publication any statement of reasonable length made to the director by that agency, health care provider, home care provider, residential care home, or health facility in defense or explanation of the action.
Subd. 2.
Annual report.
In addition to whatever other reports the director may make, the director shall, at the end of each year, report to the state commissioner of health concerning the exercise of the director's functions during the preceding year. The state commissioner of health may, at any time, request and receive information, other than resident records, from the director.
Subd. 3.
Confidentiality.
In performing the duties under Laws 1976, chapter 325, the director shall preserve the confidentiality of resident records. The director may release a resident's records with the written approval of the resident who is the subject of the records.
History:
1976 c 325 s 4; 1977 c 305 s 45; 1986 c 444; 1987 c 378 s 13; 1992 c 513 art 6 s 21; 1997 c 7 art 2 s 18,19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.62 — Resident Attendants.

144A.62 RESIDENT ATTENDANTS.
Subdivision 1.
Assistance with eating and drinking.
(a) Upon federal approval, a nursing home may employ resident attendants to assist with the activities authorized under subdivision 2. The resident attendant will not be counted in the minimum staffing requirements under section 144A.04, subdivision 7.
(b) The commissioner shall submit by May 15, 2000, a request for a federal waiver necessary to implement this section.
Subd. 2.
Definition.
"Resident attendant" means an individual who assists residents in a nursing home with the activities of eating and drinking. A resident attendant does not include an individual who:
(1) is a licensed health professional or a registered dietitian;
(2) volunteers without monetary compensation; or
(3) is a registered nursing assistant.
Subd. 3.
Requirements.
(a) A nursing home may not use on a full-time or other paid basis any individual as a resident attendant in the nursing home unless the individual:
(1) has completed a training and competency evaluation program encompassing the tasks the individual provides;
(2) is competent to provide feeding and hydration services; and
(3) is under the supervision of the director of nursing.
(b) A nursing home may not use a current employee as a resident attendant unless the employee satisfies the requirements of paragraph (a) and volunteers to be used in that capacity.
Subd. 4.
Evaluation.
The training and competency evaluation program may be facility based. It must include, at a minimum, the training and competency standards for eating and drinking assistance contained in the nursing assistant training curriculum.
Subd. 5.
Criminal background check.
A person seeking employment as a resident attendant is subject to the criminal background check requirements.
Subd. 6.
Nonretaliation.
Employees shall not be subject to disciplinary action if they choose not to volunteer under this section.
Subd. 7.
Resident protections.
Resident attendants are subject to requirements for volunteer feeding assistants in Minnesota Rules, part 4658.0530.
Subd. 8.
Exceptions.
A resident attendant may not be assigned to feed any resident who:
(1) is at risk of choking while eating or drinking;
(2) presents significant behavior management challenges while eating or drinking; or
(3) presents other risk factors that may require emergency intervention.
History:
2000 c 312 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.70 — Registration Of Supplemental Nursing Services Agencies.

144A.70 REGISTRATION OF SUPPLEMENTAL NURSING SERVICES AGENCIES.
Subdivision 1.
Scope.
As used in sections 144A.70 to 144A.74, the terms defined in this section have the meanings given them.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of health.
Subd. 3.
Controlling person.
"Controlling person" means a business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a supplemental nursing services agency. Controlling person also means an individual who, directly or indirectly, beneficially owns an interest in a corporation, partnership, or other business association that is a controlling person.
Subd. 4.
Health care facility.
"Health care facility" means a hospital, boarding care home, or outpatient surgical center licensed under sections 144.50 to 144.58; a nursing home or home care agency licensed under this chapter; an assisted living facility licensed under chapter 144G; or a board and lodging establishment that is registered to provide supportive or health supervision services under section 157.17.
Subd. 4a.
Nurse.
"Nurse" means a licensed practical nurse as defined in section 148.171, subdivision 8, or a registered nurse as defined in section 148.171, subdivision 20.
Subd. 5.
Person.
"Person" includes an individual, firm, corporation, partnership, or association.
Subd. 6.
Supplemental nursing services agency.
"Supplemental nursing services agency" means a person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for nurses, nursing assistants, nurse aides, and orderlies. Supplemental nursing services agency does not include an individual who only engages in providing the individual's services on a temporary basis to health care facilities. Supplemental nursing services agency does not include a professional home care agency licensed under section 144A.471 that only provides staff to other home care providers.
Subd. 7.
Oversight.
The commissioner is responsible for the oversight of supplemental nursing services agencies through annual unannounced surveys, complaint investigations under sections 144A.51 to 144A.53, and other actions necessary to ensure compliance with sections 144A.70 to 144A.74.
History:
1Sp2001 c 9 art 7 s 2; 2002 c 287 s 1; 2002 c 379 art 1 s 113; 2003 c 55 s 3; 2015 c 71 art 8 s 35,36; 1Sp2017 c 6 art 10 s 71,72; 7Sp2020 c 1 art 6 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.71 — Supplemental Nursing Services Agency Registration.

144A.71 SUPPLEMENTAL NURSING SERVICES AGENCY REGISTRATION.
Subdivision 1.
Duty to register.
A person who operates a supplemental nursing services agency shall register annually with the commissioner. Each separate location of the business of a supplemental nursing services agency shall register the agency with the commissioner. Each separate location of the business of a supplemental nursing services agency shall have a separate registration. Fees collected under this section shall be deposited in the state treasury and credited to the state government special revenue fund.
Subd. 2.
Application information and fee.
The commissioner shall establish forms and procedures for processing each supplemental nursing services agency registration application. An application for a supplemental nursing services agency registration must include at least the following:
(1) the names and addresses of the owner or owners of the supplemental nursing services agency;
(2) if the owner is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors;
(3) satisfactory proof of compliance with section 144A.72, subdivision 1, clauses (5) to (7);
(4) any other relevant information that the commissioner determines is necessary to properly evaluate an application for registration;
(5) a policy and procedure that describes how the supplemental nursing services agency's records will be immediately available at all times to the commissioner; and
(6) a registration fee of $2,035.
If a supplemental nursing services agency fails to provide the items in this subdivision to the department, the commissioner shall immediately suspend or refuse to issue the supplemental nursing services agency registration. The supplemental nursing services agency may appeal the commissioner's findings according to section 144A.475, subdivisions 3a and 7, except that the hearing must be conducted by an administrative law judge within 60 calendar days of the request for hearing assignment.
Subd. 3.
Registration not transferable.
A registration issued by the commissioner according to this section is effective for a period of one year from the date of its issuance unless the registration is revoked or suspended under section 144A.72, subdivision 2, or unless the supplemental nursing services agency is sold or ownership or management is transferred. When a supplemental nursing services agency is sold or ownership or management is transferred, the registration of the agency must be voided and the new owner or operator may apply for a new registration.
History:
1Sp2001 c 9 art 7 s 3; 2002 c 287 s 2; 2002 c 379 art 1 s 113; 2015 c 71 art 8 s 37
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.73 — Complaint System.

144A.73 COMPLAINT SYSTEM.
The commissioner shall establish a system for reporting complaints against a supplemental nursing services agency or its employees. Complaints may be made by any member of the public. Complaints against a supplemental nursing services agency shall be investigated by the Office of Health Facility Complaints under sections 144A.51 to 144A.53.
History:
1Sp2001 c 9 art 7 s 5; 2002 c 379 art 1 s 113; 2015 c 71 art 8 s 39
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.74 — Maximum Charges.

144A.74 MAXIMUM CHARGES.
A supplemental nursing services agency must not bill or receive payments from a nursing home licensed under this chapter at a rate higher than 150 percent of the sum of the weighted average wage rate, plus a factor determined by the commissioner to incorporate payroll taxes as defined in section 256R.02, subdivision 37, for the applicable employee classification for the geographic group specified in section 256R.23, subdivision 4. The weighted average wage rates must be determined by the commissioner of human services and reported to the commissioner of health on an annual basis. Wages are defined as hourly rate of pay and shift differential, including weekend shift differential and overtime. Facilities shall provide information necessary to determine weighted average wage rates to the commissioner of human services in a format requested by the commissioner. The maximum rate must include all charges for administrative fees, contract fees, or other special charges in addition to the hourly rates for the temporary nursing pool personnel supplied to a nursing home. A nursing home that pays for the actual travel and housing costs for supplemental nursing services agency staff working at the facility and that pays these costs to the employee, the agency, or another vendor, is not violating the limitation on charges described in this section.
History:
1Sp2001 c 9 art 7 s 6; 2002 c 287 s 7; 2002 c 379 art 1 s 113; 1Sp2017 c 6 art 3 s 5; art 14 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.755 — Information And Referral Services.

144A.755 INFORMATION AND REFERRAL SERVICES.
The commissioner shall ensure that information and referral services relating to hospice care are available in all regions of the state. The commissioner shall collect and make available information about available hospice care, sources of payment, providers, and the rights of patients. The commissioner shall, as a condition of licensure, require a hospice provider to complete the sections entitled Identification and Contact Information, Program Demographics, Patient Volume, Patient Demographics, and Inpatient and Residential Facilities in the National Hospice and Palliative Care Organization National Data Set Survey and to submit the survey to the National Hospice and Palliative Care Organization once in the 12 calendar months before the hospice provider's license renewal date. If the Centers for Medicare and Medicaid Services requires hospice providers to complete a different data set as a condition of certification, the commissioner shall accept the completion and submittal of such data set as compliance with this requirement. The commissioner shall not use any data or information about any hospice provider submitted to the National Hospice and Palliative Care Organization in connection with this data set in any regulatory function with respect to the hospice provider. The commissioner may publish and make available:
(1) general information describing hospice care in the state;
(2) limitations on hours, availability of services, and eligibility for third-party payments, applicable to individual providers; and
(3) other information the commissioner determines to be appropriate.
History:
2002 c 252 s 18,24; 2005 c 122 s 3,5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.756 — Penalty.

144A.756 PENALTY.
A person involved in the management, operation, or control of a hospice provider who violates section 144A.753, subdivision 1, paragraph (a), is guilty of a misdemeanor. This section does not apply to a person who had no legal authority to affect or change decisions related to the management, operation, or control of a hospice provider.
History:
2002 c 252 s 19,24
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.05 — General Authority.

144E.05 GENERAL AUTHORITY.
Subdivision 1.
Grants or gifts.
The board may accept grants or gifts of money, property, or services from a person, a public or private entity, or any other source for an emergency medical health purpose within the scope of its statutory authority.
Subd. 2.
Contracts.
The board may enter into contractual agreements with a person or public or private entity for the provision of statutorily prescribed emergency medical services-related activities by the board. The contract shall specify the services to be provided and the amount and method of reimbursement for the contracted services. Funds generated in a contractual agreement made pursuant to this section are appropriated to the board for purposes of providing the services specified in the contracts.
History:
1997 c 199 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.07 — Summary Approval.

144E.07 SUMMARY APPROVAL.
Subdivision 1.
Eliminating overlap; expansion.
An ambulance service may request a change in its primary service area, as established under section 144E.06, to eliminate any overlap in primary service areas or to expand its primary service area to provide service to a contiguous, but undesignated, primary service area. An ambulance service requesting a change in its primary service area must submit a written application to the board on a form provided by the board and must comply with the requirements of this section.
Subd. 2.
Retraction.
An applicant requesting to retract service from a geographic area within its designated primary service area must provide documentation showing that another licensed ambulance service is providing or will provide ambulance coverage within the proposed area of withdrawal.
Subd. 3.
Overlapping expansion.
An applicant requesting to provide service in a geographic area that is within the primary service area of another licensed ambulance service or services must submit documentation from the service or services whose primary service areas overlap the proposed expansion area, approving the expansion and agreeing to withdraw any service coverage from the proposed expanded area. The application may include documentation from the public safety answering point coordinator or coordinators endorsing the proposed change.
Subd. 4.
No primary service.
An applicant requesting to provide service in a geographic area where no primary ambulance service has been designated must submit documentation of approval from the ambulance service or services which are contiguous to the proposed expansion area. The application may include documentation from the public safety answering point coordinator or coordinators endorsing the proposed change. If a licensed ambulance service provides evidence of historically providing 911 ambulance coverage to the undesignated area, it is not necessary to provide documentation from the contiguous ambulance service or services approving the change. At a minimum, a 12-month history of primary ambulance coverage must be included with the application.
Subd. 5.
Reporting.
The board shall report any approved change to the local public safety answering point coordinator.
History:
1997 c 199 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.10 — Ambulance Service Licensing.

144E.10 AMBULANCE SERVICE LICENSING.
Subdivision 1.
License required.
No natural person, partnership, association, corporation, or unit of government may operate an ambulance service within this state unless it possesses a valid license to do so issued by the board. The license shall specify the base of operations, the primary service area, and the type or types of ambulance service for which the licensee is licensed. The licensee shall obtain a new license if it wishes to expand its primary service area, or to provide a new type or types of service.
Subd. 2.
Requirements for new licenses.
The board shall not issue a license authorizing the operation of a new ambulance service, provision of a new type or types of ambulance service by an existing service, or an expanded primary service area for an existing service unless the requirements of this section and sections 144E.101 to 144E.127 and 144E.18 are met.
History:
1997 c 199 s 5; 1999 c 245 art 9 s 23,65
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.103 — Equipment.

144E.103 EQUIPMENT.
Subdivision 1.
General requirements.
Every ambulance in service for patient care shall carry, at a minimum:
(1) oxygen;
(2) airway maintenance equipment in various sizes to accommodate all age groups;
(3) splinting equipment in various sizes to accommodate all age groups;
(4) dressings, bandages, commercially manufactured tourniquets, and bandaging equipment;
(5) an emergency obstetric kit;
(6) equipment to determine vital signs in various sizes to accommodate all age groups;
(7) a stretcher;
(8) a defibrillator;
(9) a fire extinguisher; and
(10) opiate antagonists.
Subd. 2.
Advanced life-support requirements.
In addition to the requirements in subdivision 1, an ambulance used in providing advanced life support must carry drugs and drug administration equipment and supplies as approved by the licensee's medical director.
Subd. 2a.
Maintenance, sanitation, and testing of equipment, supplies, and drugs.
Equipment carried on every ambulance in service for patient care must be maintained in full operating condition. Patient care equipment, supplies, and drugs must be stored and maintained within manufacturer's recommendations and:
(1) all equipment and supplies must be maintained in full operating condition and in good repair;
(2) all equipment, supplies, and containers used for storage of equipment or supplies must be kept clean so as to be free from dirt, grease, and other offensive matter;
(3) sheets and pillowcases must be changed after each use;
(4) single-service equipment and supplies must be wrapped, stored, and handled so as to prevent contamination and must be disposed of after use;
(5) reusable equipment and supplies must be cleaned after each use so as to be free from dirt, grease, and other offensive matter;
(6) equipment and supplies, soiled or otherwise not free from dirt, grease, and other offensive matter, must be kept in plastic bags or securely covered containers until disposed of or prepared for reuse; and
(7) procedures for the periodic performance testing of mechanical equipment must be developed, maintained, and followed, and records of performance testing must be kept in the licensee's files. Testing must occur within the manufacturer's recommendations.
Subd. 3.
Storage.
All equipment carried in an ambulance must be securely stored.
Subd. 4.
Safety restraints.
An ambulance must be equipped with safety straps, including shoulder harnesses, for the stretcher and seat belts in the patient compartment for the patient and ambulance personnel.
Subd. 5.
Communication equipment.
An ambulance must be equipped with a two-way radio that is programmed and operating according to the most recent version of the statewide radio board shared radio and communication plan or its equivalent as determined by the Emergency Medical Services Regulatory Board.
History:
1999 c 245 art 9 s 25; 2012 c 193 s 24; 2023 c 70 art 6 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.12 — Licensure Of Air Ambulance Services.

144E.12 LICENSURE OF AIR AMBULANCE SERVICES.
Except for submission of a written application to the board on a form provided by the board, an application to provide air ambulance service shall be exempt from the provisions of section 144E.11. A license issued pursuant to this section need not designate a primary service area. No license shall be issued under this section unless the board determines that the applicant complies with sections 144E.10, 144E.11, subdivision 1, 144E.121 to 144E.127, and 144E.18 and the requirements of applicable federal and state statutes and rules governing aviation operations within the state.
History:
1997 c 199 s 7; 1999 c 245 art 9 s 65
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.121 — Air Ambulance Service Requirements.

144E.121 AIR AMBULANCE SERVICE REQUIREMENTS.
Subdivision 1.
Aviation compliance.
An air ambulance service must comply with the regulations of the Federal Aviation Administration and the rules of the Minnesota Department of Transportation, Aeronautics Division.
Subd. 2.
Personnel.
(a) With the exception of pilots, each of the air ambulance emergency medical personnel must:
(1) possess current certification, appropriate to the type of ambulance service being provided, according to section 144E.28, be a registered nurse, or be a physician assistant; and
(2) be trained to use the equipment on the air ambulance.
(b) Emergency medical personnel for an air ambulance service must receive training approved by the licensee's medical director that includes instruction in the physiological changes due to decreased atmospheric pressure, acceleration, vibration, and changes in altitude; medical conditions requiring special precautions; and contraindications to air transport.
(c) A licensee's medical director must sign and file a statement with the licensee that each of its emergency medical personnel has successfully completed the training under paragraph (b).
(d) A licensee shall retain documentation of compliance with this subdivision in its files.
Subd. 3.
Equipment.
An air ambulance must carry equipment appropriate to the level of service being provided. Equipment that is not permanently stored on or in an air ambulance must be kept separate from the air ambulance in a modular prepackaged form.
History:
1999 c 245 art 9 s 27
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.123 — Prehospital Care Data.

144E.123 PREHOSPITAL CARE DATA.
Subdivision 1.
Collection and maintenance.
A licensee shall collect and provide prehospital care data to the board in a manner prescribed by the board. At a minimum, the data must include items identified by the board that are part of the National Uniform Emergency Medical Services Data Set. A licensee shall maintain prehospital care data for every response.
Subd. 2.
Copy to receiving hospital.
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.
Subd. 3.
Review.
Prehospital care data may be reviewed by the board or its designees. The data shall be classified as private data on individuals under chapter 13, the Minnesota Government Data Practices Act.
Subd. 4.
[Repealed by amendment, 1Sp2011 c 9 art 2 s 21]
Subd. 5.
Working group.
By October 1, 2011, the board must convene a working group composed of six members, three of which must be appointed by the board and three of which must be appointed by the Minnesota Ambulance Association, to redesign the board's policies related to collection of data from licenses. The issues to be considered include, but are not limited to, the following: user-friendly reporting requirements; data sets; improved accuracy of reported information; appropriate use of information gathered through the reporting system; and methods for minimizing the financial impact of data reporting on licenses, particularly for rural volunteer services. The working group must report its findings and recommendations to the board no later than July 1, 2012.
History:
1999 c 245 art 9 s 28; 1Sp2011 c 9 art 2 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.125 — Operational Procedures.

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.
History:
1999 c 245 art 9 s 29
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.127 — Interhospital And Interfacility Transfers.

144E.127 INTERHOSPITAL AND INTERFACILITY TRANSFERS.
Subdivision 1.
Interhospital transfers.
When transporting a patient from one licensed hospital to another, a licensee may substitute for one of the required ambulance service personnel, a physician, a registered nurse, or physician assistant who has been trained to use the equipment in the ambulance and is knowledgeable of the licensee's ambulance service protocols.
Subd. 2.
Interfacility transfers.
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.
History:
1999 c 245 art 9 s 30; 2007 c 147 art 16 s 12; 2012 c 193 s 25,49
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.13 — Temporary License.

144E.13 TEMPORARY LICENSE.
The board 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.
History:
1997 c 199 s 8; 1999 c 245 art 9 s 65
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.14 — Transfer Of License Or Ownership.

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 board, 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 board shall require the prospective licensee or owner to comply with section 144E.11. The board 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.
History:
1997 c 199 s 9; 1999 c 245 art 9 s 65
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.15 — Relocation Of Base Of Operations.

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 board prior to relocating. The board 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 board to support its proposed transfer. If the board does not approve the relocation proposal, the licensee must comply with the application requirements for a new license under section 144E.11.
History:
1997 c 199 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.18 — Inspections.

144E.18 INSPECTIONS.
The board 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 board may review at any time documentation or electronic files required to be on file with a licensee.
History:
1977 c 37 s 6; 1977 c 305 s 45; 1979 c 316 s 7; 1989 c 134 s 9; 1995 c 207 art 9 s 14; 1997 c 199 s 14; 1999 c 245 art 9 s 32; 2013 c 13 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.265 — Medical Director.

144E.265 MEDICAL DIRECTOR.
Subdivision 1.
Requirements.
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.
Subd. 2.
Responsibilities.
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).
Subd. 3.
Annual assessment; ambulance service.
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.
History:
1999 c 245 art 9 s 34; 2004 c 144 s 2; 2012 c 193 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.266 — Emergency Suspension Of Ambulance Service Requirement.

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.
History:
2005 c 147 art 10 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.283 — Instructor Qualifications.

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 board;
(4) successfully complete the United States Department of Transportation Emergency Medical Services Instructor Education Program or its equivalent as approved by the board; 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.
History:
1999 c 245 art 9 s 38; 2012 c 193 s 37,49
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.286 — Examiner Qualifications For Emergency Medical Technician Testing.

144E.286 EXAMINER QUALIFICATIONS FOR EMERGENCY MEDICAL TECHNICIAN TESTING.
Subdivision 1.
[Repealed, 2004 c 144 s 9]
Subd. 2.
[Repealed, 2004 c 144 s 9]
Subd. 3.
Examiner qualifications.
An examiner testing EMT, AEMT, or paramedic practical skills must be certified at or above the level the examiner is testing or must be a registered nurse, physician, or physician assistant familiar with current out-of-hospital care. A physician must be available to answer questions relating to the evaluation of skill performance at the AEMT and paramedic practical examination.
History:
1999 c 245 art 9 s 40; 2004 c 144 s 5; 2012 c 193 s 39