Minnesota Department of Health fact sheet
May 2010
2010 Legislative Summary
A number of bills of interest to the Minnesota
Department of Health (MDH) were passed and
signed into law in the 2010 legislative session.
Below is a summary of key policy items.
Tobacco Modernization and
Compliance Act (HF3467/ SF3055*)
This makes the below changes to current tobacco
law:
 Expands the definition of tobacco products to
include any product that contains tobacco and is
intended for human consumption
 Requires all tobacco products to be sold behind
the counter
 Prohibits the sale of all tobacco products to
youth
Legend and nonprescription drug
disposal (HF1217/ SF1568*)
This new law makes the following modifications to
existing law to facilitate the proper disposal of
prescription drugs containing hazardous materials:
 Expands the list of entities or individuals that
may lawfully possess prescription drugs to six
specific entities/individuals for the purpose of
disposal
 Allows for the transfer of prescription drugs
from the person to whom it was prescribed to
an authorized person or entity for its disposal
 Modifies the definition of “wholesale drug
distribution” to include distribution of
nonprescription drugs and “reverse
distribution,” the receipt of drugs for the
purpose of returning them to their producers
Oral chemotherapy medication
(HF1847/ SF1761*)
This new law requires health plans to establish
equal out-of-pocket requirements for oral
chemotherapy medications and intravenously
administered chemotherapy medications.
Commissioner’s Office
625 Robert Street N.
P.O. Box 64975
Saint Paul, MN 55164-0975
(651) 201-4849
www.health.state.mn.us
Pregnant women mandatory
reporting (HF3059/ SF2695*)
This new law provides an exception to the
mandatory reporting requirement for health care
and social service professionals who have
knowledge of a pregnant women’s use of marijuana
or alcohol during pregnancy, if the professional is
providing the woman with prenatal care.
After death care (HF3151*/
SF2903)
This new law relaxes regulations regarding the
viewing, transportation and removal of a dead
human body, allowing family members more
options in caring for their deceased loved ones. The
new law allows the body to be packed in dry ice in
lieu of embalming for public visitations in a private
setting, like a home or church. It also allows next of
kin to assist in the washing and dressing of the
body, in a private setting other than the funeral
home’s preparation room, with permission of the
funeral home. The law will also allow a body to be
transported in an enclosed pickup truck or enclosed
trailer.
School concession stands
licensure (HF3347/ SF2996*)
This new law defines a school concession stand as a
food and beverage service establishment located in
a school, on school grounds, or within a schoolowned athletic complex, that is operated in
conjunction with school-sponsored events. This law
exempts school concession stands from an
additional $150 license fee, if the concession stand
is operated by a school with a current food
establishment license.
Body art regulation (HF677/
SF525*)
This new law requires licensure and sets fees for
body art technicians and establishments. The law
also increases safety standards for consumers and
satisfies the American Association of Blood Banks
2010 Legislative Summary – page 2
(AABB) requirements, allowing for immediate
blood donation by consumers who have received
body art procedures. Previously these individuals
had to wait a year before donating blood after
receiving a procedure.
Volunteer protections during an
emergency (HF2709*/ SF2555)
This law provides immunity from civil charges for
volunteers or entities that assist the state or a local
unit of government during an emergency or
disaster. Immunity would not apply if the entity acts
in a willful and wanton or reckless manner.
Antiepileptic drug substitution
prohibited (HF1320*/ SF1137)
This law requires the Minnesota Board of Pharmacy
to adopt rules prohibiting the substitution of drugs
to treat epilepsy or seizures if the United States
Food and Drug Administration determines that
substitution may cause a health risk to patients. The
board of pharmacy is required to report to the
Legislature any anticipated increase in state costs
for public health care programs before adopting a
proposed rule.
Omnibus early childhood - Office of
Early Learning study provision
(HF2760/ SF2505*)
Passed as part of the early childhood omnibus bill,
this new law adds the commissioner of health, or
designee, as a member of the State Advisory
Council on Early Education and Care. This law also
requires the Council on Early Education and Care to
establish a task force to develop recommendations
on how to coordinate or collocate early childhood
and child care programs in one state Office of Early
Learning. The council must report its
recommendations to the Governor and the
Legislature by January, 15, 2011.
Lead certification requirements
(HF3293/ SF3128*)
This new law makes local units of government
responsible for ensuring that persons conducting
renovation in pre-1978 target housing and child
occupied facilities are trained as renovators and
certified as renovation firms in accordance with
EPA’s Renovate, Repair and Paint Regulation.
Participating provider agreements
(HF3042/ SF2700*)
This new law gives protections to health care
providers that enter into contracts with health plan
companies and provides protections to health plan
enrollees related to the collection of deductibles and
coinsurance.
Mobile food units (HF3591*/
SF3115)
This new law allows the regulatory authority (MDH
or delegated agency) to grant approval for a mobile
food unit to remain in one place for longer than 21
days. Previously, mobile food units could operate in
any one place for no more than 21 days.
Omnibus transportation policy complete streets provision
(HF2807/ SF2540*)
This new law defines and implements a complete
streets policy for state funded roadways. Complete
streets requires Department of Transportation to
take into consideration the safety and accessibility
of all users, including motorists, pedestrians,
bicyclists, etc. during the planning, design and
maintenance of state-funded roads. This new law
requires the Department of Transportation to report
to the Legislature on the status of complete streets
implementation, beginning in 2010. Local road
authorities are encouraged, but not required, by the
new law to adopt a complete streets policy.
Sharps disposal (HF1372/ SF1323*)
This new law adds lancets to the definition of
“sharps.” The law also requires sharps
manufacturers and pharmaceutical manufacturers
that sell or distribute sharps in Minnesota that are
usually intended for home use to post on its website
a plan that describes how the manufacturer supports
the safe collection and proper disposal of sharps.
Provider peer grouping (HF3056*/
SF2815)
This new law makes changes to the provider peer
grouping system in Minnesota Statutes, § 62U.04:
 Clarifies existing statutory distinctions between
cost and quality measures for “total care”
versus cost and quality measures for
“condition-specific care”
2010 Legislative Summary – page 3
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Updates the statutory timelines for
disseminating and publishing peer grouping
results to bring the timelines into agreement
with existing MDH work plans and contracts
Extends health care providers’ window to
appeal peer grouping results from 21 to 30 days
Details providers’ obligations and requirements
when appealing peer grouping results
Requires the commissioner of health to assure
the scientific validity and reliability of peer
grouping results and to establish a process for
the communicating with the Legislature if more
time is needed to develop valid and reliable
results
Links the timeframe for health plans and other
health care purchasers to begin using the peer
grouping results to MDH’s schedule for
publishing results
Links the Department of Human Services’ use
of peer grouping results to MDH’s schedule for
publishing results