Chapter 4600 VITAL STATISTICS

Subpart 1. Scope.

For purposes of parts 4601.0100 to 4601.2600, the terms used have the meanings given them in this part.

Subp. 2. Amendment.

"Amendment" has the meaning given in Minnesota Statutes, section 144.212, subdivision 1a.

Subp. 3. Certified birth record.

"Certified birth record" means the portion of a registered birth record, certified by a registrar, printed in a standardized format according to parts 4601.2500 and 4601.2525 and Minnesota Statutes, section 144.225, subdivision 8, and subject to tangible interest requirements under part 4601.2600 and Minnesota Statutes, section 144.225, subdivision 7.

Subp. 4. Certified death record.

"Certified death record" means the portion of a registered death record, certified by a registrar, printed in a standardized format according to parts 4601.2500 and 4601.2550 and Minnesota Statutes, section 144.225, subdivision 8, and subject to tangible interest requirements under part 4601.2600 and Minnesota Statutes, section 144.225, subdivision 7.

Subp. 5. Civil registration information.

"Civil registration information" means the portion of a birth record describing the registrant and the date and place of birth. Civil registration information includes fact of birth and demographic information. Civil registration information does not include health information as defined under subpart 14.

Subp. 6. Date.

"Date" means month, day, and year.

Subp. 7. Date filed.

"Date filed" means the date a vital record is presented for registration.

Subp. 8. Delayed registration.

"Delayed registration" has the meaning given in Minnesota Statutes, section 144.212, subdivision 2a.

Subp. 9. Demographic information.

"Demographic information" means information required by the state registrar to describe characteristics of a registrant, the family of a registrant, and geographic locations pertinent to a registrant and a birth or death. Demographic information does not include health information as defined under subpart 14.

Subp. 10. Fact of birth information.

"Fact of birth information" means information required by the state registrar to record the time and place a birth occurs and to identify the person born. Fact of birth information does not include health information as defined under subpart 14.

Subp. 11. Fact of death information.

"Fact of death information" means information required by the state registrar to record the time and place a death occurs and to identify the person who is deceased. Fact of death information does not include cause and manner of death information.

Subp. 12. Fetal death.

"Fetal death" means death of a product of human conception before the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, that is not an induced termination of pregnancy. The death is indicated by the fact that after expulsion or extraction, the fetus does not breathe or show any other evidence of life, including beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions. Respirations are to be distinguished from fleeting respiratory efforts or gasps.

Subp. 13. Funeral establishment.

"Funeral establishment" has the meaning given in Minnesota Statutes, section 149A.02, subdivision 20.

Subp. 14. Health information.

"Health information" means medical or statistical information from which an identification of risk for disease, disability, or developmental delay in a mother or child can be made.

Subp. 15. Induced termination of pregnancy.

"Induced termination of pregnancy" means the purposeful interruption of an intrauterine pregnancy, with the intention other than to produce a live-born infant. This definition excludes management of prolonged retention of products of conception following fetal death.

Subp. 16. Institution.

"Institution" has the meaning given in Minnesota Statutes, section 144.215, subdivision 5.

Subp. 17. Live birth.

"Live birth" means the complete expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy, that, after expulsion or extraction, breathes, or shows any other evidence of life, including beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions. Respirations are to be distinguished from fleeting respiratory efforts or gasps.

Subp. 18. Notarized statement.

"Notarized statement" means a statement attested by a notary public who has fulfilled the requirements of Minnesota Statutes, sections 358.41 to 358.50 and chapter 359.

Subp. 19. Physician.

"Physician" means a person with a valid license in good standing under Minnesota Statutes, chapter 147, to practice medicine as defined under Minnesota Statutes, section 147.081, subdivision 3, or a person currently licensed in good standing to practice medicine under the laws of the person's resident state or the state where the person is actively practicing medicine.

Subp. 20. Register.

"Register" means the acceptance of a birth or a death record by a registrar as the official record of the birth or death.

Subp. 21. Registrant.

"Registrant" means the subject of a birth or death record.

Subp. 22. Registrar.

"Registrar" means a local registrar as defined under Minnesota Statutes, section 144.212, subdivision 10, or the state registrar as defined under Minnesota Statutes, section 144.212, subdivision 6.

Subp. 23. Subregistrar.

"Subregistrar" means a licensed mortician who is authorized to issue a disposition permit or a transit permit as required by Minnesota Statutes, section 149A.93.

Subp. 24. System of vital records.

"System of vital records" has the meaning given in Minnesota Statutes, section 144.212, subdivision 7.

Subp. 25. Vital record.

"Vital record" has the meaning given in Minnesota Statutes, section 144.212, subdivision 8.

Subp. 26. Vital records statistics.

"Vital records statistics" has the meaning given in Minnesota Statutes, section 144.212, subdivision 9.

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32; L 2015 c 21 art 1 s 109

Minn. R. 4601.0200 Duties of State Registrar

According to parts 4601.0100 to 4601.2600 and the Vital Records Act, Minnesota Statutes, sections 144.211 to 144.227, the state registrar must:

A. administer and enforce parts 4601.0100 to 4601.2600 and the Vital Records Act and issue instructions for the efficient administration of the system of vital records;

B. work in partnership with local registrars to maintain a system of vital records;

C. be the custodian of records of the system of vital records, including establishing a retention schedule for all information maintained in the system of vital records;

D. establish operating procedures for the system of vital records;

E. conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital records;

F. develop and make available electronic and paper input and output forms for the submission, processing, and issuance of birth and death records;

G. establish a centralized electronic system for the processing of birth and death records, including reports of fetal deaths;

H. approve and order security paper for statewide use to print certified birth or death records according to part 4601.2500 and Minnesota Statutes, section 144.225, subdivision 8;

I. develop and implement procedures for local registrars to order the security paper described in item H;

J. obtain legal interpretations from the Office of the Attorney General when needed for issues related to processing birth, death, and fetal death records and receiving marriage and divorce data according to Minnesota Statutes, sections 144.223 and 144.224, and relay legal interpretations to local registrars; and

K. delegate duties and responsibilities to local registrars to ensure the efficient and secure operation of the system of vital records.

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32; L 2015 c 21 art 1 s 109

Minn. R. 4601.0300 Duties of Local Registrars

According to parts 4601.0100 to 4601.2600 and the Vital Records Act, Minnesota Statutes, sections 144.211 to 144.227, a local registrar must:

A. work in partnership with the state registrar to maintain a system of vital records;

B. attend training conducted by the state registrar at least once per year;

C. actively support and promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital records;

D. use and actively support the use of the centralized electronic system of the state registrar for all vital records processing, including:

E. be in compliance with the requirements of parts 4601.0100 to 4601.2600; the Vital Records Act; the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13; and other state or federal laws or regulations that apply to the system of vital records;

F. refuse to accept a birth or death electronic or paper input form if the form is incomplete, inaccurate, illegible, or mutilated. The registrar must clearly communicate to the person filing the birth or death record why the electronic or paper input form is not acceptable and must provide the person with refiling instructions;

G. process birth, death, and fetal death records, including entering the data into the electronic system of the state registrar;

H. maintain paper birth and death records that are not part of the electronic system of the state registrar according to the retention schedule established by the state registrar;

I. issue certified birth and death records;

J. issue noncertified copies of birth and death records and provide other services related to vital records;

K. order security paper approved by the state registrar to print certified birth and death records;

L. amend and replace birth records and amend death records as instructed by the state registrar;

M. act as an agent of the state registrar and provide assistance to funeral directors, hospitals, physicians and other health care providers, and other individuals in matters related to the system of vital records;

N. refer matters related to the system of vital records according to parts 4601.0100 to 4601.2600 and as instructed by the state registrar;

O. comply with the procedures established by the state registrar; and

P. perform other duties as instructed by the state registrar.

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32; L 2015 c 21 art 1 s 109

Minn. R. 4601.0400 Fees

Subpart 1. Statutory fees.

Fees for the following services related to vital records are in the amounts prescribed under Minnesota Statutes, section 144.226:

A. for issuing a copy, verification, or certification of a vital record, including a certification that a record cannot be found;

B. for replacing a birth record;

C. for filing a delayed registration;

D. for amending a vital record; and

E. for copying a document pertaining to a vital record.

Subp. 2. Multiple copies.

If a person requests multiple copies of a record or certified birth or death record in the same transaction, the fee for each additional copy of an identical record or certified birth or death record is $2, plus any applicable surcharges under Minnesota Statutes, section 144.226.

Subp. 3. Replacing a birth record; adoption.

The fee for replacing a birth record following adoption is $20.

Subp. 4. Expedited fee.

For a service that is not requested in person, a registrar may charge a fee of $20 to expedite the completion of a service related to a vital record if the requester wants the service completed faster than the service would be completed during the ordinary course of business. If a person is requesting multiple services related to the same record, the expedited fee is $20 for that record. If the person is requesting a service for multiple records, the expedited fee is multiplied by the number of records. A registrar must not expedite a service and must not accept or must refund an expedited fee if the applicable requirements of parts 4601.0100 to 4601.2600 are not met by the requester at the time of the request.

Subp. 5. Reports of vital record data.

A registrar must charge a fee of $15 for a report that displays public birth or death data if the generation of that report is an automated feature of the electronic system of the state registrar. Data included in a report under this subpart are limited to one type of record, a time span of no greater than one year, and one county. Upon request, a registrar must provide a list of reports available.

Subp. 6. Fees waived.

A. When a fee for an amendment is charged according to Minnesota Statutes, section 144.226, and a certified birth or death record is issued in the same transaction, a registrar must waive the fee for the certified birth or death record if the person requesting the amendment and the certified birth or death record surrenders a previously issued record that is in error. Surcharges under Minnesota Statutes, section 144.226, apply.

B. A registrar must waive the fee for a report described in subpart 5 if:

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32

Minn. R. 4601.0500 No Further Documentation Required

The state or local registrar is not required to obtain further documentation to verify the contents of a birth or death record, except as provided under parts 4601.0100 to 4601.2600.

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487

Minn. R. 4601.0600 Filing Documentation of Birth Within First Year of Birth

Subpart 1. Births occurring in institution.

According to Minnesota Statutes, section 144.215, subdivision 5, the person in charge of an institution or that person's authorized designee must collect the required birth information, verify the accuracy of the information, and file documentation of birth with a registrar according to parts 4601.0100 to 4601.2600 for each birth that occurs in the institution and for each birth that occurs en route to the institution.

Subp. 2. Births occurring outside institution.

According to Minnesota Statutes, section 144.215, subdivision 6, when a birth occurs outside of an institution, one of the following persons, in the indicated order of preference, must collect the required birth information, verify the accuracy of the information, and file documentation of birth with a registrar according to subpart 6:

A. the physician or certified nurse midwife present at the time of the birth or immediately thereafter;

B. in the absence of a physician or certified nurse midwife, a person present at the time of the birth or immediately thereafter;

C. the father or mother of the child; or

D. in the absence or inability of the father or the mother, the person with primary responsibility for the premises where the child was born.

Subp. 3. Infants of unknown parentage.

According to Minnesota Statutes, section 144.216, subdivision 1, whoever finds a live born infant of unknown parentage must file documentation of the birth with a registrar according to parts 4601.0100 to 4601.2600. Whoever assumes custody of a live born infant of unknown parentage must contact the state registrar and provide any information required that was not provided by the person who found the infant.

Subp. 4. Birth information required.

The person filing the documentation of birth must include the following birth information in items A to C:

A. For a birth filed under subpart 1 or 2 or part 4601.0900, fact of birth, demographic, and health information associated with the birth as prescribed on an input birth record form supplied by the state registrar. A registrar may waive a birth information requirement if the person filing the documentation of birth can demonstrate that:

B. If birth information requirements are waived according to item A, at least the following information must be provided:

C. For infants of unknown parentage, the persons identified in subpart 3 must provide as much fact of birth information as possible. A registrar must register a birth record according to the following:

Subp. 5. Recognition of parentage.

If the mother and father of a child are not married at the time of birth and there is no presumption of paternity according to Minnesota Statutes, section 257.55, the father's name must not be entered on the birth record unless, at the time of filing, a recognition of parentage prepared according to Minnesota Statutes, section 257.75, accompanies the filing of birth documentation.

Subp. 6. Additional evidence required.

To file documentation of birth with a registrar for a birth occurring outside an institution according to subpart 2:

A. The person filing documentation of birth must include the information required in subpart 4 and must present evidence that:

B. The registrar must determine if the evidence presented verifies the facts listed in item A. A document listed in subitems (1) to (3), if it meets the requirements of part 4601.1100, subpart 1, may be submitted:

C. If a registrar determines that the documentation of birth meets the requirements of this part, the registrar must register the birth.

D. If a local registrar determines that the documentation of birth does not meet the requirements of this part, the local registrar must notify the person who presented the information of the reasons the information or evidence presented does not meet the requirements of this part. The local registrar must notify the person of the option to file the documentation of birth with the state registrar.

E. If the state registrar determines that the documentation of birth presented does not meet the requirements of this part, the state registrar must notify the person who presented the information of the reasons the information or evidence presented does not meet the requirements of this part and must notify the person of the right to petition a court to establish the record according to Minnesota Statutes, section 144.215, subdivision 7.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.0700 Births in Moving Conveyance

When a birth occurs in a moving conveyance within the United States, while in international waters or air space, or in a foreign country or its air space and the child is first removed from the conveyance in Minnesota, the birth must be registered in Minnesota and the place where the child is first removed is considered the place of birth. The birth record must include the type of conveyance.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.0800 Monthly Report of Births

This part applies only to an institution that does not file documentation of birth through the centralized electronic system of the state registrar. The person in charge of the institution or that person's authorized designee must submit to the state registrar, on or before the tenth day of each month, a report of all births occurring in the institution and all births occurring en route to the institution during the previous month. The report must be in a format approved by the state registrar.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.0900 Delayed Birth Registration

Subpart 1. Delayed registration.

For a person born in Minnesota whose birth is not recorded, the registrant age 18 or older, parent, guardian, or legal representative who demonstrates tangible interest may file with a registrar documentation of birth for a delayed registration of birth. The person filing the documentation of birth must use a form prescribed by the state registrar and provide a certified statement that a birth record is not on file in Minnesota. In addition to meeting the requirements of part 4601.0600, subpart 4, documentation of birth for a delayed registration must meet the requirements of this part.

Subp. 2. Verification by registrar.

Before registering the birth record, the registrar must ensure that no prior birth record is registered for the person whose birth is to be registered.

Subp. 3. Delayed registration within seven years of birth.

To file documentation of birth for a delayed registration of birth within seven years of the birth:

A. A person filing the documentation must provide the information required under part 4601.0600, subpart 4.

B. For a birth that occurred in or en route to an institution, the person filing the documentation must provide:

C. For a birth that did not occur in or en route to an institution or if the institution cannot substantiate the fact of birth information, documentation must include:

D. A document submitted must meet the requirements of part 4601.1100, subpart 1.

E. If a registrar determines that the documentation of birth meets the requirements of this part, the registrar must register the birth.

F. If a local registrar determines that the documentation of birth does not meet the requirements of this part, the local registrar must notify the person who presented the information of the reasons the information or evidence presented does not meet the requirements. The local registrar must notify the person of the option to file documentation of birth with the state registrar.

G. If the state registrar determines that the documentation of birth does not meet the requirements of this part, the state registrar must notify the person who presented the information of the reasons the information or evidence presented does not meet the requirements. The state registrar must notify the person of the right to petition a court to establish the record according to Minnesota Statutes, section 144.217, subdivision 2.

Subp. 4. Delayed registration seven or more years after birth.

To file documentation of birth for a delayed registration of birth seven or more years after the birth:

A. A person filing documentation of birth must provide the information required under part 4601.0600, subpart 4.

B. The person filing documentation of birth must provide evidence of:

C. The following documentation is required:

D. All documents submitted must meet the requirements of part 4601.1100, subpart 1.

E. If a registrar determines that the documentation of birth meets the requirements of this part, the registrar must register the birth.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.1000 Birth Record Amendments

Subpart 1. Requesting amendment.

A registrant age 18 or older or the registrant's parent, legal guardian, or legal representative may request a registrar to amend the civil registration information in a birth record. The person requesting the amendment must demonstrate tangible interest in the birth record to be amended according to part 4601.2600 and Minnesota Statutes, section 144.225, subdivision 7.

Subp. 2. Amending within 45 days and before issuance.

A. A parent of the registrant or the person who filed the documentation of birth according to part 4601.0600 or 4601.0900 may request an amendment of the registrant's birth record under this subpart. An amendment requested under this subpart must:

B. If the registrar determines that the requested amendment meets the requirements of this subpart, the registrar must amend the record. Amendments to the registrant's birth record made under this subpart must not be noted on a certified birth record.

Subp. 3. Amending after 45 days or issuance.

A. If a request to amend a birth record is made more than 45 days after the date filed, if a certified birth record has been issued, or if the requested amendment does not meet the requirements of subpart 2, item A, subitem (2), the person requesting the amendment must provide the following documentation:

B. A document submitted to a registrar must meet the requirements of part 4601.1100, subpart 1.

Subp. 4. Adding information after 45 days or issuance.

A document to support the addition of an item on the civil registration information of a birth record is required to add missing information to a birth record if the request is made more than 45 days after the date filed or if a certified birth record has been issued. A document submitted to a registrar must meet the requirements of part 4601.1100, subpart 1.

Subp. 5. Amending information previously amended.

A person must contact the state registrar with a written request for an amendment if the amendment requested is to information that has been previously amended.

Subp. 6. Verification by registrar.

Before amending a birth record, a registrar must review the documents submitted. If the registrar determines that the documents presented meet the requirements of this part, the registrar must amend the record. If the requested amendment is to information that has been previously amended or if a local registrar determines that the documents presented do not meet the requirements of this part, the local registrar must notify the person of the option to request the amendment through the state registrar. If the state registrar determines that the documents presented do not meet the requirements of this part, the state registrar must notify the person of the right to appeal to a court of competent jurisdiction.

Subp. 7. Court order.

If a court order is presented by a person requesting an amendment according to subpart 1, a registrar must add or change information that the court order specifically directs the registrar to add or change. To add or change information that the court order does not specifically direct, the person must present the evidence required under subpart 3 or 4.

Subp. 8. Establishment of paternity.

To change the father recorded on a birth record because of establishment or revocation of paternity:

A. if the request is made within 45 days after the date filed and before the issuance of a certified birth record and documentation of paternity is provided according to part 4601.1300, subpart 1, items B to D, the registrar must change the father recorded on the birth record; or

B. if the request is made more than 45 days after the date filed or if a certified birth record has been issued, the person must request a replacement record under part 4601.1300.

Subp. 9. Amending health information.

A person who filed the documentation of birth under part 4601.0600 or 4601.0900 or the biological mother of the registrant may request the state registrar to amend the health information of a birth record according to items A and B.

A. Requests to amend health information on the birth record must be made to the state registrar on a form prescribed by the state registrar and must include a notarized statement of approval from the entity that originally filed the documentation of birth. Upon receipt of a request and a notarized statement, the state registrar must amend the health information on the birth record.

B. If a request to amend health information on the birth record is received directly from the entity that originally filed the documentation of birth, the state registrar must waive the requirement for the notarized statement.

Subp. 10. Corrections and amendments by state registrar.

If a birth occurs in Minnesota and the state registrar finds that the information provided in the documentation of birth is not accurate, the state registrar must contact the person who filed the documentation of birth to request correction of the information. If the person who filed the documentation of birth cannot be located, the state registrar must consider the record in error and must not issue a certified birth record until corrections are made.

Subp. 11. Amending replaced record.

A request for an amendment to a record that has been replaced under part 4601.1300 must be made to the state registrar and must include a notarized statement agreeing to the amendment from the registrant and each parent whose name appears on the birth record or whose name is requested to be added to the birth record through the amendment.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487; L 2001 1Sp9 art 15 s 32

Minn. R. 4601.1100 Requirements for Documents Submitted

Subpart 1. Document requirements.

The documents submitted to support a birth registration or amendment must:

A. be legible;

B. be without any sign of erasure, alteration, or change of the pertinent information;

C. indicate the date and by whom the original document was made;

D. be the original document or authenticated as a true document by the issuing agent;

E. for a registrant age seven years or over, have been established at least seven years before the date of the request for a birth registration or amendment or within three years of the date of birth; and

F. for a registrant under seven years of age, have been established at least one year before the date of the request for a birth registration or amendment or within the first year of life.

Subp. 2. Acceptable documents.

A registrar may accept a document listed in items A to J if the registrar determines that the document is sufficient to support the requested amendment and that the document meets the requirements of subpart 1:

A. a notarized statement of a physician, certified nurse midwife, or traditional lay midwife who attended the birth;

B. a school record;

C. a social security number history (Numident) printout from the Social Security Administration;

D. a United States military discharge;

E. a valid United States passport;

F. a hospital or clinic record;

G. a United States census record;

H. a marriage certificate;

I. a naturalization certificate, alien registration card, or other documentation issued by United States Citizenship and Immigration Services; or

J. a tribal enrollment record.

Subp. 3. Other documents.

A registrar may accept a document not listed in subpart 2 if the registrar determines that the document is sufficient to support the requested amendment and that the document meets the requirements of subpart 1.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487; L 2007 c 13 art 1 s 25

Minn. R. 4601.1200 Summary of Documentation Submitted

A registrar must record on the electronic system of the state registrar a summary of each document submitted to support the facts shown on the birth record being registered or amended, including:

A. the title or description of the document;

B. the source of the document;

C. the name of the person who issued or signed the document;

D. the date the document was created; and

E. the date the document was issued or signed.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.1300 Replacement Birth Record

Subpart 1. Registering replacement record.

The state registrar must register a replacement record. The state registrar may delegate the responsibility to register a replacement to a local registrar if the state registrar determines that a local registrar has the training and resources to register the replacement records. A replacement record must be registered:

A. upon receipt of a certified copy of an order, decree, or certificate of adoption according to Minnesota Statutes, section 144.218, subdivision 1;

B. if a birth record of a child has been registered and the birth parents of the child marry after the birth of the child according to Minnesota Statutes, section 144.218, subdivision 3. The state registrar must register the replacement record upon receipt of a certified copy of the marriage certificate of the birth parents and either a recognition of parentage or court adjudication of paternity;

C. upon receipt of a court order according to Minnesota Statutes, section 144.218, subdivision 4;

D. upon receipt of a declaration of parentage, a recognition of parentage, or a court order according to Minnesota Statutes, section 257.73; or

E. according to any other applicable state or federal statutes or regulations.

Subp. 2. Changing original birth record.

A. A replacement record must contain all of the information from the original record except:

B. Changes to the replacement record other than those permitted under item A must be requested as an amendment under part 4601.1000.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.1400 Expungement of Birth Records

The state registrar must expunge a birth record if the state registrar finds that the birth documented by the record did not occur in Minnesota. This part does not apply to a birth record registered according to Minnesota Statutes, section 144.218, subdivision 2, for a person who was born in a foreign country and adopted in Minnesota.

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487

Minn. R. 4601.1500 Documentation of Death

Documentation of death must be filed with a registrar by the mortician, funeral director, or other person in charge of disposition of the body. The fact of death and demographic information must be filed before interment or other disposition of the body. The mortician, funeral director, or other person in charge of disposition of the body must provide the documentation of death to a registrar according to parts 4601.0100 to 4601.2600.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.1600 Collecting and Providing Documentation of Death

Subpart 1. Collecting death and demographic information.

The mortician, funeral director, or other person in charge of disposition of the body must collect fact of death and demographic information. Fact of death information may be collected from the hospital or nursing home where the death occurred or from the coroner or medical examiner. Demographic information may be collected from relatives or friends of the deceased, hospital or institutional records, the records of a coroner or medical examiner, or another source if the person collecting the information determines that the information provided is accurate.

Subp. 2. Providing information to registrar.

The person in charge of disposition of the body must provide to the registrar the fact of death and demographic information and the name of the physician who agrees to provide the cause of death information or the name of the coroner or medical examiner who agrees to or is required to provide the cause of death information. The state registrar or person in charge of disposition of the body must contact the physician to request the cause of death information.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.1700 Place and Time of Death

The place where death is pronounced is considered the place where death occurred. If the place of death is unknown but the dead body is found in Minnesota, the place where the body is found is considered the place of death. If the date of death is unknown, the date the body is found is considered the date of death. When a death occurs in a moving conveyance and the body is first removed in Minnesota, documentation of death must be filed in Minnesota and the place of death is considered the place where the body is first removed from the conveyance.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.1800 Providing Cause of Death Information

Cause of death information for each death that occurs in Minnesota may be provided only by a physician, coroner, or medical examiner. A physician who provides the cause of death must be a physician present at the time of death, a physician or associate of a physician who provided medical treatment for the deceased before death, or a physician who has direct knowledge of the circumstances and cause of death and has access to the medical record of the deceased. Cause of death information must be provided to a registrar according to parts 4601.0100 to 4601.2600.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.1900 Monthly Funeral Establishment Report

This part applies only to a funeral establishment that does not file documentation of death through the centralized electronic system of the state registrar. The person in charge of the funeral establishment or that person's authorized designee must submit to the state registrar, on or before the tenth day of each month, a report of all deaths during the previous month for which a mortician or funeral director affiliated with the funeral establishment was responsible for collecting and providing documentation of death according to part 4601.1600. The submitted report must be in a format approved by the state registrar.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.2000 Documentation of Death; Delayed Registration of Death

Documentation of death for a delayed death registration must be filed with a registrar according to parts 4601.1500 to 4601.1800 within five days of the discovery that documentation of death has not been filed. If fact of death, demographic, and cause of death information cannot be provided, a court order establishing the fact of death is required to register the death.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.2100 Death Record Amendments

Subpart 1. Requesting amendment.

Any person may request a death record amendment. To amend fact of death or demographic information on a death record, a person requesting the amendment must choose one of the options described in subparts 2 to 6. To amend cause of death information on a death record, a person requesting the amendment must comply with subpart 9.

Subp. 2. Amending within 45 days and before issuance.

A. The informant who provided the original information or the person who filed documentation of death according to part 4601.1500 or 4601.2000 may request an amendment of a death record under this subpart. An amendment requested under this subpart must:

B. If the registrar determines that the requested amendment meets the requirements of this subpart, the registrar must amend the record. Amendments to the death record made under this subpart must not be noted on a certified death record.

Subp. 3. Amending through funeral establishment.

To amend fact of death or demographic information through a funeral establishment:

A. A person may contact the funeral establishment that originally filed the documentation of death to request an amendment if the amendment is requested within one year of the death.

B. If the person in charge of the funeral establishment or that person's authorized designee agrees to process the amendment, the person in charge of the funeral establishment or that person's authorized designee must ask the informant who provided the original information for approval of the requested amendment. If the informant approves the amendment in writing, the person in charge of the funeral establishment or that person's authorized designee must request that a registrar amend the record. Upon receipt of a written request on a form prescribed by the state registrar, a registrar must amend the record.

C. If the person in charge of the funeral establishment or that person's authorized designee refuses to process the amendment, the person in charge of the funeral establishment or that person's authorized designee must refer the person requesting the amendment to a registrar according to subparts 5 and 6.

Subp. 4. Amending through informant.

If an amendment is requested within one year of a death and the requesting person knows the informant who provided the original information, the person requesting an amendment may contact the informant directly with a request for an amendment. If the informant agrees with the requested amendment, the informant must present to a registrar a notarized statement that states the informant is the informant named on the original documentation of death, that the requested amendment is accurate, and that the informant agrees to the requested amendment. Upon receipt of the notarized statement, a registrar must amend the record.

Subp. 5. Amending through registrar.

A. If an amendment is requested within five years of a death, the person requesting the amendment may contact a registrar to make the amendment. The person requesting the amendment must:

B. To be acceptable legal documentation, the document must support the requested amendment, meet the requirements of part 4601.1100, subpart 1, items A to D, and be one of the following:

C. If the registrar determines that the legal documentation is sufficient to support the requested amendment, the registrar must amend the death record.

D. A local registrar must forward the request for amendment and any supporting documentation to the state registrar to be evaluated according to the criteria in subpart 7 if a request includes one of the following:

Subp. 6. Amending through state registrar.

A person requesting an amendment must contact the state registrar with a written request for an amendment when:

A. the person is requesting an amendment more than five years after the date of death;

B. the person is requesting an amendment to fact of death or demographic information other than the information listed in subpart 5, item A, subitem (2);

C. the person is requesting an amendment to information that has been previously amended; or

D. the person cannot provide acceptable legal documentation according to subpart 5, item B.

Subp. 7. Evaluation by state registrar.

A. When requesting an amendment through the state registrar according to subpart 6, a person must request the amendment on a form prescribed by the state registrar and provide documentation to support the accuracy of the requested amendment.

B. The state registrar must consider:

C. If the state registrar determines that the supporting documentation is sufficient to justify the requested amendment, the state registrar must amend the death record. If the state registrar determines that the supporting documentation is not sufficient to justify the requested amendment, the state registrar must notify the requester of the option to seek a court order to require the state registrar to amend the record.

Subp. 8. Corrections and amendments by state registrar.

If the state registrar finds that the fact of death or demographic information in a death record is not accurate, the state registrar must contact the mortician, funeral director, or other person who filed the original documentation of death to request correction of the information. If the mortician, funeral director, or other person who filed the documentation of death cannot be located or cannot provide the requested correction, the state registrar must consider the record in error and must not issue a certified death record until corrections are made.

Subp. 9. Amending cause of death information.

Requests to amend cause of death information must be made to the state registrar on a form prescribed by the state registrar and must include a notarized statement of approval from the physician who originally provided the cause of death information or a notarized statement of approval from a coroner or medical examiner of the county where the death occurred. Upon receipt of a request and a notarized statement, the state registrar must amend the cause of death information. If a request to amend cause of death information is received directly from a physician who originally provided the cause of death information or from a coroner or medical examiner of the county where the death occurred, the state registrar must waive the requirement for the notarized statement.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32

Minn. R. 4601.2200 Fetal Death Reporting

Subpart 1.

[Repealed, L 2005 c 60 s 7]

Subp. 2. Fetus delivered in moving conveyance.

When a fetus is delivered in a moving conveyance and the fetus is first removed from the conveyance in Minnesota, the place of delivery is the place where the fetus is first removed.

Subp. 3. Monthly report.

This subpart applies only to an institution that does not report fetal deaths through the centralized electronic system of the state registrar. The person in charge of the institution or that person's authorized designee must submit to the state registrar, on or before the tenth day of each month, a report of all fetal deaths occurring in the institution and all fetal deaths occurring en route to the institution during the previous month. The submitted report must be in a format approved by the state registrar.

Subp. 4. Correcting reports.

The mother named on the fetal death report or the person who filed the report according to subpart 1 may submit a request to the state registrar to correct information on a fetal death report. Upon receipt of a signed statement identifying the information in error and providing the correct information, the state registrar must correct the fetal death report. If the fetal death report has been destroyed according to subpart 5, the state registrar must notify the person requesting the correction that the record has been destroyed and the correction will not be made.

Subp. 5. Disposition of reports.

Reports of fetal deaths are statistical reports only. Retention of fetal death reports is governed by the Department of Health's record retention schedule.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487; L 2005 c 60 s 7

Minn. R. 4601.2300 Fetal Death Notification

A mortician or funeral director in charge of disposition of the remains must notify the state registrar of a fetal death. The notification must be presented in a medium and format approved by the state registrar.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.2400 Expungement of Death and Fetal Death Records

The state registrar must expunge a death or fetal death record if the state registrar finds that the death or fetal death documented by the record did not occur in Minnesota.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487

Minn. R. 4601.2500 Requirements for Certified Birth or Death Record

Subpart 1. Security paper.

A certified birth or death record must be printed on security paper. The state registrar must approve and provide access to security paper for statewide use. Local registrars must order security paper approved by the state registrar. To approve and provide access to security paper for statewide use, the state registrar must consider:

A. what security paper characteristics are needed to effectively reduce the potential for fraud;

B. the cost of the security paper;

C. the cost-effectiveness of options for distribution of the security paper;

D. the availability of security paper with the required features;

E. the type and characteristics of security paper used for certified birth and death records in other states;

F. applicable state and federal regulations; and

G. recommendations of national organizations and government entities.

Subp. 2. Signature required.

The facsimile or actual signature of the state registrar must appear on a certified birth or death record.

Subp. 3. Seal required.

The seal of the state of Minnesota must be part of the security paper.

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32

Minn. R. 4601.2525 Requirements for Certified Birth Record

Subpart 1. Data items required.

A certified birth record must be in a format prescribed by the state registrar and include the date issued, the county or office of issuance, and the following items, if the items are present on the birth record:

A. registrant's first name, middle name, last name, and suffix;

B. date and time of birth;

C. first name, middle name, last name, and suffix of an alias;

D. sex;

E. county and either city or township of birth;

F. mother's first name, middle name, and maiden surname;

G. state or foreign country of the mother's birthplace;

H. father's first name, middle name, and last name;

I. state or foreign country of the father's birthplace; and

J. date the record was filed.

Subp. 2. Amendments to birth records; notation.

Except as provided in part 4601.1000, subpart 2, an amendment must be noted on a certified birth record as follows:

A. if the name or date of birth of the registrant has been amended, the amendment must be noted on the certified birth record with the label of the item amended, date of amendment, and the basis for the amendment; and

B. if the information under subpart 1, items C to J, has been amended, the amendment must be noted on the certified birth record with the following statement: "A data item other than the registrant's name or date of birth was amended on this birth record on," followed by the date of the amendment. The specific data item amended must not be identified.

Subp. 3. Deceased person.

If a registrant is deceased and documentation of death has been filed or the state registrar has received notification of the death from another state, the word "deceased" must appear as a watermark across the center of the record, in a border, note field, or other highlighted area on the certified birth record.

Subp. 4. Foreign adoption birth record.

For a birth record that is registered according to Minnesota Statutes, section 144.218, subdivision 2, for a person who was born in a foreign country and adopted in Minnesota, the certified birth record must include the following statement: "This birth record is not evidence of United States citizenship."

Subp. 5. Infant of unknown parentage.

For a birth record that is registered according to Minnesota Statutes, section 144.216, for an infant of unknown parentage, the certified birth record must include the following statement: "This birth record was registered according to Minnesota Statutes, section 144.216, for an infant of unknown parentage." This subpart does not apply to a replacement record registered according to Minnesota Statutes, section 144.216, subdivision 2, if the child is subsequently identified or the birth record is found.

Subp. 6. Delayed registration of birth.

For a birth record that is registered according to Minnesota Statutes, section 144.217, as a delayed registration of birth, a certified birth record must include the following statement: "This birth record was registered according to Minnesota Statutes, section 144.217, as a delayed registration of birth."

History

Statutory Authority: MS s 144.12; 144.213; 144.215
History: 25 SR 487; L 2001 1Sp9 art 15 s 32

Minn. R. 4601.2550 Requirements for Certified Death Record

Subpart 1. Data items required; fact of death.

A fact of death certified death record must be in the format prescribed by the state registrar and include the date issued, the county or office of issuance, and the following items, if the items are present on a death record:

A. first name, middle name, last name, and suffix of the deceased;

B. maiden surname of the deceased;

C. first name, middle name, last name, and suffix of an alias of the deceased;

D. sex;

E. social security number;

F. date of death;

G. county and either city or township of death;

H. date of birth;

I. city and state or foreign country of birth;

J. father's first name, middle name, and last name;

K. mother's first name, middle name, and maiden surname;

L. marital status;

M. first name, middle name, and last name or maiden surname of a spouse, if married;

N. county, state, and either city or township of residence;

O. name of the funeral establishment; and

P. date the documentation of death was filed.

Subp. 2. Data items required; fact and cause of death.

A fact and cause of death certified death record must be in the format prescribed by the state registrar and include the following items, if the items are present on the death record:

A. all of the items required under subpart 1;

B. immediate cause of death;

C. underlying cause of death;

D. conditions contributing to the death;

E. manner of death; and

F. name and address of the physician who provided the cause of death information.

Subp. 3. Amendments to death records; notation.

Except as provided in part 4601.2100, subpart 2, an amendment to any item listed in subpart 1 must be noted on a certified death record.

History

Statutory Authority: MS s 144.12; 144.213; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32

Minn. R. 4601.2600 Tangible Interest

Subpart 1. Application; birth or death record.

An application for a certified birth or death record must be made on a form prescribed by a registrar or contain the information required in this part. An application must be made to a registrar and accompanied by the required fee and documentation. If the applicant is alleging to have tangible interest because a certified birth or death record is necessary for the protection or determination of a personal or property right, the applicant must apply for issuance of a certified birth or death record to the state registrar and provide supporting documentation. The state registrar must evaluate the application according to the criteria described in subpart 12.

Subp. 2. Registrant information.

A. To request a certified birth record, the applicant must provide the following information about the registrant:

B. To request a certified death record, the applicant must provide the following information about the registrant:

C. A registrar may accept estimates of or waive a requirement listed in items A and B if:

Subp. 3. Applicant information.

A. To request a certified birth or death record, the applicant must provide the following information about the applicant:

B. A registrar may waive the requirement for a telephone number under item A, subitem (3), if the applicant states that the applicant does not have a business or home telephone. The registrar may waive the requirement for the middle name under item A, subitem (1), if the applicant states that the applicant does not have a middle name.

Subp. 4. Application form; statutory authority.

A registrar must provide an application form or instructions accompanying an application form that includes the statutory authority for collecting the application information, the consequences for not providing the information, and the penalty for providing false information.

Subp. 5. Identification required.

An applicant must provide a completed application as described in subparts 1 to 3 and, except as noted in subpart 6, provide documentation of identity as follows in items A and B.

A. For an application made in person, the applicant must provide a document of identity that readily identifies the applicant. To be accepted by a registrar, the document of identity must include the applicant's signature and photograph or physical description and the registrar must be able to authenticate the document with the issuing entity. If a normally acceptable document of identity was issued so long ago that the registrar determines that it no longer readily identifies the applicant, an applicant must provide a document of identity that was issued more recently. A document of identity that has been altered or changed in any way is not acceptable.

B. For an application not made in person, the application must be notarized according to Minnesota Statutes, sections 358.41 to 358.50.

Subp. 6. Acceptable identification not available.

If an applicant does not have an acceptable document of identity or if an applicant provides a signed statement that no document of identity is available, to obtain the certified birth or death record, the applicant must have a witness attest to the applicant's identity. The witness must:

A. have known the applicant for at least two years;

B. complete a statement to identify as described in subpart 7; and

C. accompany the applicant, sign the statement to identify in the presence of a registrar, and present an acceptable document of identity according to subpart 5, item A, and either subpart 8 or 9. If a witness cannot accompany an applicant to a registrar's office, the witness' signature must be notarized on a statement to identify according to subpart 7.

Subp. 7. Statement to identify.

A. A completed statement to identify must include the following information about the witness:

B. A registrar may waive the requirement for a telephone number under item A, subitem (3), if the witness states that the witness does not have a business or home telephone. The registrar may waive the requirement for the middle name under item A, subitem (1), if the witness states that the witness does not have a middle name.

Subp. 8. Acceptable document of identity.

A registrar must accept a document listed in items A to I as meeting the requirements of subpart 5, unless the registrar determines that the document was issued too long ago to readily identify the applicant or witness, the document has been altered or changed, or there is evidence of fraud on the face of the document. Acceptable documents include:

A. an unexpired picture driver's license issued according to Minnesota Statutes, section 171.07, or according to the laws of another state or territory of the United States. A temporary driver's license or learner's permit is not acceptable;

B. an unexpired state picture identification card issued according to Minnesota Statutes, section 171.07, or according to the laws of another state or territory of the United States;

C. an unexpired federal, state, or local government employee picture identification card issued by a government entity located in the United States;

D. an unexpired aircraft pilot's license issued by the United States Department of Transportation, Federal Aviation Administration;

E. an unexpired United States military picture identification card;

F. an unexpired United States passport;

G. for an applicant who is not a registrant, an unexpired Canadian passport;

H. for an applicant who is not a registrant, an unexpired passport from another jurisdiction with:

I. for an applicant who is not a registrant, one of the following documents issued by the United States Department of Justice, United States Citizenship and Immigration Services, or a subsequent form or version of a document specified in this item:

Subp. 9. Documents acceptable with discretion.

A. A registrar may accept a document not listed in subpart 8 if the registrar determines that the document meets the requirements of subpart 5.

B. A registrar may accept one of the following documents as a document of identity if the document is known to be reliable and valid in the county where the application for a certified birth or death record is made and if the document meets the requirements for an acceptable document of identity described in subpart 5:

Subp. 10. Delay to authenticate.

A registrar may delay issuance of a certified birth or death record if the registrar needs more time to authenticate a document of identity with the entity who issued the document of identity.

Subp. 11. Refusal to issue.

A registrar must refuse to issue a certified birth or death record if the applicant fails to meet the requirements of this part.

Subp. 12. Personal or property right criteria.

A. To determine whether a certified birth or death record is necessary for the protection or determination of a personal or property right, the state registrar must consider:

B. If the state registrar determines that the supporting documentation is sufficient to demonstrate tangible interest, the state registrar must issue the certified birth or death record. If the state registrar determines that the supporting documentation is not sufficient to demonstrate tangible interest, the state registrar must notify the applicant of the option to seek a court order to direct the state registrar to issue a certified birth or death record.

History

Statutory Authority: MS s 144.12; 144.213; 144.215; 144.221
History: 25 SR 487; L 2001 1Sp9 art 15 s 32; L 2007 c 13 art 1 s 25

Chapter 4604 IMMUNIZATION

Minn. R. 4604.0100 Scope and Effect

According to Minnesota Statutes, sections 121A.15, subdivision 12, and 135A.14, subdivision 7, parts 4604.0100 to 4604.1000 modify the requirements of and supersede any conflicting provisions of Minnesota Statutes, sections 121A.15 and 135A.14.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0200 Definitions

Subpart 1. Applicability.

The terms used in parts 4604.0100 to 4604.1000 have the meaning given them in this part and in Minnesota Statutes, sections 121A.15, subdivision 9, and 135A.14, subdivision 1.

Subp. 2. Enroll.

"Enroll" in a child care facility or school means to begin attending the child care facility or school. The first day that a child begins attending the facility or school is the day that the child enrolls in the facility or school.

Subp. 2a. Medically acceptable standards.

"Medically acceptable standards" means immunization recommendations promulgated by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices.

Subp. 3. Pneumococcal vaccine.

"Pneumococcal vaccine" means the pneumococcal conjugate vaccine licensed for vaccination of children from two months to five years of age.

Subp. 4. Provider.

"Provider" means a licensed physician, registered physician assistant, or advanced practice registered nurse, as defined in Minnesota Statutes, section 148.171, subdivision 3.

Subp. 4a. School-based early childhood program.

A. Under authority of Minnesota Statutes, section 121A.15, subdivision 12, "school-based early childhood program" means a program that provides services to children from birth to the start of kindergarten in a classroom setting. Whether in a school building or not, the program meets at least once a week for six weeks or more during the year with the purpose of providing instructional or other services to support children's learning and development. It does not include drop-in playtime provided through a school-based early childhood program in a school or classroom setting.

B. The definition in this subpart applies to parts 4604.0100, 4604.0300, 4604.0400, 4604.0500, 4604.0700, 4604.0900, and 4604.1000, and Minnesota Statutes, section 121A.15.

Subp. 5. Varicella disease.

"Varicella disease" means the chicken pox disease.

Subp. 6. Varicella vaccine.

"Varicella vaccine" means the product used to vaccinate persons against the chicken pox disease.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396; 38 SR 557

Minn. R. 4604.0250 Physician and Provider Statements

For purposes of Minnesota Statutes, section 121A.15, subdivisions 1, 2, 3, and 4, a statement from a physician or a statement signed by a physician includes a statement from or a statement signed by a provider, as defined under part 4604.0200, subpart 4.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0300 Schedule Changes

Subpart 1. School-age children.

A. If a required immunization for an elementary or secondary school student involves a series of doses, then the elementary or secondary school student must complete the required immunization series within eight months of the first day on which the requirement was imposed to remain enrolled in elementary or secondary school.

B. If an elementary or secondary school student is unable to complete the required immunization series within eight months due to a medical condition, a provider must submit a request for an extension until the student's medical condition allows the student to complete the series. The request must be submitted to the administrator or other person having general control and supervision of the school.

Subp. 2. Timing of administered vaccine dose.

A vaccine dose administered four or less days before the minimum age required by law is considered timely for purposes of parts 4604.0100 to 4604.1000 and Minnesota Statutes, sections 121A.15 and 135A.14.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0400 Immunization Documentation Record

To document a person's immunization history as required under parts 4604.0100 to 4604.1000 and Minnesota Statutes, section 121A.15, all child care facilities and elementary and secondary schools must use the Department of Health's official record form or a similar document approved by the commissioner of health when communicating to parents or guardians regarding immunization requirements and exemption procedures. The record form requests information about immunizations and includes statements for documenting medical or conscientious exemptions. Nothing in this part limits a facility or school from sending other information to parents or guardians that is related to immunizations and is in compliance with law.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0410 Report

A. The school report required under Minnesota Statutes, section 121A.15, subdivision 8, must be filed with the commissioner of health within 90 days of the commencement of each new school term.

B. The administrator or other person having general control and supervision of the child care facility or school-based early childhood program shall file a report with the commissioner of health on all persons enrolled in the child care facility by December 1 of each year.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.0420 Polio Vaccination Requirement

Except as provided in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), and for children who have completed the polio vaccination series by September 1, 2014, to enroll or remain in a child care facility, a school-based early childhood program, or an elementary or secondary school, beginning September 1, 2014, a child's parent or legal guardian must submit documentation to the administrator or person having general control and supervision of the facility, program, or school that the child has received vaccination consistent with medically acceptable standards against poliomyelitis.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.0430 Tetanus, Diphtheria, and Pertussis Vaccination Requirement

Except as provided in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), and for children who have completed the tetanus, diphtheria, and pertussis vaccinations by September 1, 2014, to enroll or remain in a child care facility or school-based early childhood program or elementary school, beginning September 1, 2014, a child's parent or legal guardian must submit documentation to the administrator or person having general control and supervision of the facility or program that the child has received vaccination consistent with medically acceptable standards against diphtheria, tetanus, and pertussis.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.0500 Haemophilus Influenza Type B (hib) Dose Requirement for Child Care Enrollment

Except as provided in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c), (d), or (f), to enroll or remain enrolled in a child care facility, a child's parent or legal guardian must submit documentation to the administrator or person having general control and supervision of the child care facility that the child received at least one dose of vaccine for HIB at or after 12 months of age.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0600 Changes in Measles, Mumps, and Rubella Vaccination Requirements; Kindergarten Through Grade 12

Subpart 1. Measles, mumps, and rubella at kindergarten.

Except as provided in subpart 2 or in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), the following documentation is required:

A. beginning with the 2014-2015 school year, students in kindergarten through grade 12 must have: (1) proof of receipt of vaccination consistent with medically acceptable standards against measles, mumps, and rubella; (2) documentation of a history of having had measles, mumps, and rubella; or (3) an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), and produce the documentation or exemption statement if required to do so; and

B. beginning with the 2014-2015 school year, a student entering kindergarten or grade 7 must submit: (1) documentation of vaccination consistent with medically acceptable standards against measles, mumps, and rubella; (2) documentation of a history of having had measles, mumps, and rubella; or (3) an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d). The documentation or exemption statement required by this subpart must be submitted to the administrator or person having general control and supervision of the school.

Subp. 2.

[Repealed, L 2012 c 187 art 1 s 75]

Subp. 3. Documentation for out-of-state transfer students.

Beginning with the 2012-2013 school year, a student who transfers from outside Minnesota to a Minnesota school in grades 1 through 12 must show documentation that the student received two doses of vaccine each for measles, mumps, and rubella or have an exemption statement according to Minnesota Statutes, section 121A.15, subdivision 3. The documentation must be submitted to the administrator or person having general control and supervision of the school.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396; L 2012 c 187 art 1 s 75; 38 SR 557

Minn. R. 4604.0700 Suspension of School Immunization Laws

A. The commissioner of health shall suspend one or more of the immunization requirements in parts 4604.0100 to 4604.1000 or in Minnesota Statutes, section 121A.15 or 135A.14, if the commissioner determines that suspension of the requirement is necessary to address a vaccine shortage or other emergency situation statewide or in a portion of the state.

B. In determining whether suspension of the requirement is necessary to address a vaccine shortage or other emergency situation and in determining the portion of the state for which suspension is necessary, the commissioner shall consider the following factors:

C. The commissioner shall suspend a requirement for the length of time needed to remedy the vaccine shortage or emergency situation. If the commissioner suspends a requirement under this part, the commissioner shall publish notice of the suspension on the Department of Health's web page and mail notices to all affected elementary, secondary, and post-secondary schools, child care facilities, and providers.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0800 Hepatitis B Dose Requirement

A hepatitis B vaccine licensed for and administered according to an alternative dosing schedule, such as the two dose series for adolescents ages 11 through 15 years, meets the hepatitis B vaccination requirement in parts 4604.0100 to 4604.1000 and in Minnesota Statutes, section 121A.15.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.0810 Hepatitis B Vaccination Requirement; Kindergarten Through Grade 12

A. Beginning with the 2014-2015 school year, students in kindergarten through grade 12 must have proof of receipt of vaccination consistent with medically acceptable standards against hepatitis B, or have an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), and produce the documentation or exemption statement if required to do so.

B. Beginning with the 2014-2015 school year, a student entering kindergarten or grade 7 must submit documentation of vaccination consistent with medically acceptable standards against hepatitis B, or submit an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d). The documentation or exemption statement required by this subpart must be submitted to the administrator or person having general control and supervision of the school.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.0815 Hepatitis B Vaccination Requirement; Other

Beginning September 1, 2014, a child enrolling in child care or a school-based early childhood program must submit documentation of vaccination consistent with medically acceptable standards against hepatitis B, or submit an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), to the administrator or person having general control and supervision of the program.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.0820 Hepatitis a Vaccination Requirement

Beginning September 1, 2014, a child enrolling in child care or a school-based early childhood program must submit documentation of vaccination consistent with medically acceptable standards against hepatitis A, or submit an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), to the administrator or person having general control and supervision of the program.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.0900 Varicella Vaccination Requirement

Subpart 1. Requirements for child care enrollees.

Except for children who have already been vaccinated with the varicella vaccine prior to September 1, 2014, beginning September 1, 2014, a child 15 months of age or older who is enrolled in a child care facility in this state must submit:

A. documentation of receipt of the varicella vaccine consistent with medically acceptable standards;

B. documentation of a history of varicella disease; or

C. an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d). The documentation or exemption statement required by this subpart must be submitted to the administrator or person having general control and supervision of the child care facility.

Subp. 2. Requirements for students.

A. Beginning with the 2014-2015 school year, students in kindergarten through grade 12 must have:

B. Beginning with the 2004-2005 school year, a student entering kindergarten or seventh grade must submit:

Subp. 3. Documentation of varicella vaccine.

Documentation of receipt of the varicella vaccine under subparts 1 and 2 must:

A. include a statement that the child received the varicella vaccination consistent with medically acceptable standards and must include the month, day, and year of the vaccination; and

B. be signed by a provider, a representative of a public clinic, or the child's parent or legal guardian.

Subp. 4. Documentation of disease history.

Documentation of a history of varicella disease under subparts 1 and 2 must include one of the following:

A. the signature of a provider and must include the date of the child's varicella illness;

B. the signature of a provider and must include a statement that a parent's or legal guardian's description of the child's varicella disease history is indicative of past varicella infection;

C. the signature of a provider or a representative of a public clinic and must include laboratory evidence of the child's varicella immunity; or

D. if a child had varicella disease before September 1, 2010, a statement documenting the child had varicella disease that is signed by the child's parent or legal guardian and includes the year that the child had the varicella disease.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396; 38 SR 557

Minn. R. 4604.1000 New Pneumococcal Vaccine Requirement

Subpart 1. Requirement for child care enrollees.

Beginning September 1, 2004, a child enrolled or enrolling in a child care facility in this state who is at least two months old and not yet two years old must submit documentation of receipt of the pneumococcal conjugate vaccine consistent with medically acceptable standards or must submit an exemption statement according to Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d). The documentation required by this subpart must be submitted to the administrator or other person having general control and supervision of the child care facility.

Subp. 2. Documentation of vaccine.

Documentation of receipt of the pneumococcal vaccination under subpart 1 must:

A. include a statement that the child received the pneumococcal vaccination consistent with medically accepted standards and must include the month, day, and year of the vaccination; and

B. be signed by a provider or representative of a public clinic or, if the child is at least 15 months old, by a provider, a representative of a public clinic, or the child's parent or legal guardian.

History

Statutory Authority: MS s 121A.15; 135A.14
History: 28 SR 396

Minn. R. 4604.1010 Tetanus, Diphtheria, and Pertussis Vaccination Requirement; Grades 7 to 12

A. Beginning September 1, 2014, a student entering grade 7 must submit documentation of vaccination consistent with medically acceptable standards against tetanus, diphtheria, and pertussis, or submit an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), to the administrator or person having general control and supervision over the school.

B. Beginning with the 2014-2015 school year, students in grades 7 through 12 must have proof of receipt of vaccination consistent with medically acceptable standards against tetanus, diphtheria, and pertussis, or have an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), and produce the documentation or exemption statement if required to do so.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Minn. R. 4604.1020 Meningococcal Vaccination Requirement; Grades 7 to 12

A. Beginning September 1, 2014, a student entering grade 7 must submit documentation of vaccination consistent with medically acceptable standards against meningococcal disease, or submit an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), to the administrator or person having general control and supervision over the school.

B. Beginning with the 2014-2015 school year, students in grades 7 through 12 must have proof of receipt of vaccination consistent with medically acceptable standards against meningococcal disease, or have an exemption statement as specified in Minnesota Statutes, section 121A.15, subdivision 3, paragraph (c) or (d), and produce the documentation or exemption statement if required to do so.

History

Statutory Authority: MS s 121A.15
History: 38 SR 557

Chapter 4605 COMMUNICABLE DISEASES

[Renumbered 4605.7703, subpart 1]

Subp. 3.

[Renumbered 4605.7703, subp. 2]

Subp. 4.

[Renumbered 4605.7703, subp. 3]

Subp. 5.

[Renumbered 4605.7703, subp. 4]

Subp. 6.

[Renumbered 4605.7703, subp. 5]

Minn. R. 4605.5500 [Renumbered 4605.7704]

[Renumbered 4605.7704]

Minn. R. 4605.5600 [Renumbered 4605.7705]

[Renumbered 4605.7705]

Minn. R. 4605.5700 [Renumbered 4605.7706]

[Renumbered 4605.7706]

Minn. R. 4605.5800 [Renumbered 4605.7707]

[Renumbered 4605.7707]

Minn. R. 4605.5900 [Renumbered 4605.7708]

[Renumbered 4605.7708]

Minn. R. 4605.6000 [Renumbered 4605.7709]

[Renumbered 4605.7709]

Minn. R. 4605.6100 [Renumbered 4605.7710]

[Renumbered 4605.7710]

Minn. R. 4605.6200 [Renumbered 4605.7711]

[Renumbered 4605.7711]

Minn. R. 4605.6300 [Renumbered 4605.7712]

[Renumbered 4605.7712]

Minn. R. 4605.6400 [Renumbered 4605.7713]

[Renumbered 4605.7713]

Minn. R. 4605.6500 [Renumbered 4605.7714]

[Renumbered 4605.7714]

Minn. R. 4605.6600 [Renumbered 4605.7715]

[Renumbered 4605.7715]

Minn. R. 4605.7000 Definitions

Subpart 1. Case.

"Case" means a person or deceased person infected with a particular infectious agent or having a particular disease diagnosed by a health care practitioner.

Subp. 2. Carrier.

"Carrier" means a person or deceased person identified as harboring a specific infectious agent and who serves as a potential source of infection.

Subp. 3. Clinical materials.

"Clinical materials" means:

A. a clinical isolate containing the infectious agent for which submission of material is required; or

B. if an isolate is not available, material containing the infectious agent for which submission of material is required, in the following order of preference:

Subp. 4. Commissioner.

"Commissioner" means the state commissioner of health or authorized officers, employees, or agents of the Minnesota Department of Health.

Subp. 4a. Community health board.

"Community health board" means authorized administrators, officers, agents, or employees of the county, multicounty, or city organized under Minnesota Statutes, sections 145A.03 to 145A.11.

Subp. 5. Contact.

"Contact" means a person who may have been exposed to a case, suspected case, or carrier in a manner that could place the person at risk of acquiring the infection based on known or suspected modes of transmission.

Subp. 6. Critical illness.

"Critical illness" means the condition of a person who is hospitalized in an intensive care unit or who is critically ill in the judgment of a licensed health care provider.

Subp. 6a. Health care practitioner.

"Health care practitioner" means a Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting within the scope of authorized practice, or a Minnesota-licensed advanced practice registered nurse or a certified nurse midwife who has the primary responsibility for the care and treatment of a person diagnosed with a disease that is reportable under this chapter.

Subp. 7. Infection preventionist.

"Infection preventionist " means a person designated by a hospital, nursing home, medical clinic, or other health care facility as having responsibility for prevention, detection, reporting, and control of infections within the facility.

Subp. 8. Isolation.

"Isolation" means the separation, for the period of communicability, of an infected person from others in places and under the condition as to prevent or limit the direct or indirect transmission of the infectious agent to those who are susceptible or to those who may spread the agent to others.

Subp. 9.

[Repealed, 41 SR 829]

Subp. 10. Medical laboratory.

"Medical laboratory" means a facility that receives, forwards, or analyzes specimens of original material from the human body, or referred cultures of specimens obtained from the human body, and reports the results to a health care practitioner who uses the data for purposes of patient care.

Subp. 11.

[Repealed, 41 SR 829]

Subp. 12. Sentinel surveillance.

"Sentinel surveillance" means monitoring a disease or syndrome through reporting of cases, suspected cases, and carriers and submission of clinical materials by selected sites under part 4605.7046.

Subp. 12a. Submitter.

"Submitter" means a health care practitioner, a medical or veterinary laboratory, a veterinarian, a medical examiner or coroner, or any other individual or entity that is required to submit clinical materials to the Minnesota Department of Health under this chapter.

Subp. 13. Suspected case.

"Suspected case" means a person or deceased person having a condition or illness in which the signs and symptoms resemble those of a recognized disease.

Subp. 14. Veterinarian.

"Veterinarian" means a person who is licensed by the Minnesota Board of Veterinary Medicine to practice veterinary medicine.

Subp. 15. Public health hazard.

"Public health hazard" means the presence of an infectious agent or condition in the environment which endangers the health of a specified population.

Subp. 16. Working day.

"Working day" means Monday through Friday, excluding any holiday as defined under Minnesota Statutes, section 645.44, subdivision 5.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; L 1987 c 309 s 24,26; L 1991 c 106 s 6; 20 SR 858; 30 SR 247; L 2015 c 21 art 1 s 109; 41 SR 829; 43 SR 415; 49 SR 329

Minn. R. 4605.7010 Purpose

This chapter establishes a process and assigns responsibility for reporting, investigating, and controlling disease.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858

Minn. R. 4605.7020 Applicability

This chapter applies to cases, suspected cases, carriers, and deaths from communicable diseases and syndromes, reporting of disease, and disease control.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247

Minn. R. 4605.7030 Persons Required to Report Disease

Subpart 1. Health care practitioner.

When attending a case, suspected case, carrier, or death from any of the diseases in part 4605.7040 or a pregnancy under part 4605.7044, a health care practitioner shall report to the commissioner according to part 4605.7040 or 4605.7044, unless previously reported, the information specified in part 4605.7090.

Subp. 2. Health care facilities.

Hospitals, nursing homes, medical clinics, or other health care facilities shall designate that all individual health care practitioners report as specified in subpart 1; or the health care facility shall designate an infection preventionist or other person as responsible to report to the commissioner, according to part 4605.7040 or 4605.7044, knowledge of a case, suspected case, carrier, or death from any of the diseases and syndromes in part 4605.7040 or a pregnancy under part 4605.7044, and the information specified in part 4605.7090.

Subp. 3. Medical laboratories.

A. All medical laboratories shall provide to the commissioner, within one working day of completion, the results of microbiologic cultures, examinations, immunologic assays for the presence of antigens and antibodies, and any other laboratory tests, which are indicative of the presence of any of the diseases in part 4605.7040 and the information specified in part 4605.7090 as is known.

B. All medical laboratories shall forward to the Minnesota Department of Health, Public Health Laboratory, all clinical materials specified in this chapter upon a positive laboratory finding for the disease or condition, or upon request of the commissioner in relation to a case or suspected case reported under this chapter.

C. All medical laboratories that perform genetic sequencing for any diseases in parts 4605.7040, 4605.7046, 4605.7050, 4605.7070, and 4605.7080 shall submit sequence data to the Minnesota Department of Health Public Health Laboratory upon request of the commissioner in an electronic format specified by the commissioner.

D. All laboratories must report to the Minnesota Department of Health the results of all CD4+ lymphocyte counts and percents and the results of all HIV, hepatitis B, and hepatitis C viral detection laboratory tests.

E. If a medical laboratory forwards clinical materials out of state for testing, the originating medical laboratory retains the duty to comply with this subpart, either by:

Subp. 4. Comprehensive reports.

An institution, facility, or clinic, staffed by health care practitioners and having medical laboratories that are required to report, as in subparts 1, 2, and 3, except subpart 3, item C, may upon written notification to the commissioner designate a single person or group of persons to report cases, suspected cases, carriers, deaths, or results of medical laboratory cultures, examinations, and assays for any of the diseases listed in part 4605.7040 or a pregnancy under part 4605.7044 to the commissioner.

Subp. 5. Veterinarians and veterinary medical laboratories.

The commissioner of health shall, under the following circumstances, request certain reports of clinical diagnosis of disease in animals, reports of laboratory tests on animals, and clinical materials from animals:

A. the disease is common to both animals and humans;

B. the disease may be transmitted directly or indirectly to and between humans and animals;

C. the persons who are afflicted with the disease are likely to suffer complications, disability, or death as a result; and

D. investigation based upon veterinarian and veterinary medical laboratory reports will assist in the prevention and control of disease among humans.

Subp. 6. Others.

Unless previously reported, it shall be the duty of every other licensed health care provider who provides care to any patient who has or is suspected of having any of the diseases listed in part 4605.7040 or a pregnancy under part 4605.7044 to report to the commissioner, according to part 4605.7040 or 4605.7044, as much of the information specified in part 4605.7090 as is known.

Subp. 7. Out of state testing.

Persons and entities that are required to report under subpart 1, 2, or 6 and that send clinical materials out of state for testing are responsible for ensuring that results are reported and clinical materials are submitted to the commissioner as required under this chapter.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247; 35 SR 1967; 41 SR 829; 49 SR 329

Minn. R. 4605.7040 Disease and Reports; Clinical Materials Submissions

Persons required to report under this chapter shall report to the commissioner cases, suspected cases, carriers, and deaths due to the following diseases and infectious agents. When submission of clinical materials is required under this part, submissions shall be made to the Minnesota Department of Health, Public Health Laboratory.

A. Diseases reportable immediately by telephone to the commissioner:

B. Diseases reportable within one working day:

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247; 41 SR 829; 43 SR 415; 49 SR 329

Minn. R. 4605.7041 Clinical Materials Submission Modification

Subpart 1. Modification due to circumstances or situations.

The commissioner may modify clinical materials submission requirements under part 4605.7040 if the commissioner determines that one of the following circumstances exists and the modification does not risk the public's health. The circumstances are:

A. laboratory testing methods or capabilities are not sufficient or adequate to determine the presence of the pathogen of concern;

B. surveillance needs have changed; or

C. evolving pathogen knowledge indicates that either the pathogen is no longer a concern or advances in diagnostic testing provide the necessary information to public health.

Subp. 2. Notification.

The commissioner must issue an order that notifies submitters that the commissioner is altering normal submission requirements under part 4605.7040. The commissioner's order must identify the circumstance in subpart 1 that warrants the suspension, the need for different submission requirements, and the situation-specific directions for clinical submission necessary to correct the situation. The directions must identify the following:

A. the submissions of clinical materials that are suspended entirely, if any; or

B. the reduced number of clinical materials that must be submitted; and

C. other specific changes in required procedures that correspond to the altered requirements.

Subp. 3. Removal of modification.

The commissioner must issue an order rescinding the modified procedures when the criteria for the circumstances no longer apply.

History

Statutory Authority: MS s 144.05; 144.12
History: 43 SR 415

Minn. R. 4605.7042 [Repealed, 41 SR 829]

[Repealed, 41 SR 829]

Minn. R. 4605.7044 Chronic Infections; Perinatally Transmissible

Pregnancy in a person chronically infected with hepatitis B, hepatitis C, human immunodeficiency virus (HIV) infection, including acquired immunodeficiency syndrome (AIDS), or other reportable perinatally transmissible diseases shall be reported to the commissioner within one working day of knowledge of the pregnancy.

History

Statutory Authority: MS s 144.05; 144.12
History: 30 SR 247; 49 SR 329

Minn. R. 4605.7046 Sentinel Surveillance

Subpart 1. Disease selection.

The commissioner may select an infectious disease or syndrome for sentinel surveillance, other than a disease or syndrome for which general reporting is required under this chapter, if the commissioner determines that sentinel surveillance will provide adequate data for epidemiological purposes and the surveillance is necessary for:

A. characterization of the pathogen;

B. monitoring vaccine effectiveness; or

C. achieving other significant public health purposes for a disease or syndrome that can cause serious morbidity or mortality.

Subp. 2. Site selection.

The commissioner shall select, after consultation with the sites, sentinel surveillance sites that have epidemiological significance to each disease or syndrome selected under subpart 1. In selecting the sites, the commissioner shall consider:

A. the potential number of cases at the site;

B. the geographic distribution of cases or potential cases in Minnesota, if indicated by the epidemiology of the disease or syndrome;

C. the epidemiology of the disease or syndrome; and

D. the overall impact of sentinel surveillance on a site and the benefit to public health in conducting sentinel surveillance at the site.

Subp. 3. Removal from sentinel surveillance.

The commissioner shall remove a disease or syndrome from sentinel surveillance under this part if the commissioner determines that the disease or syndrome no longer meets the criteria in subpart 1.

Subp. 4. Surveillance mechanism.

The commissioner shall provide a description, in writing, to sentinel surveillance sites of a specific, planned mechanism for surveillance of the disease or syndrome, including the rationale for site selection, a time frame for reporting, and protocols for the submission of test results and clinical materials from cases and suspected cases to the Minnesota Department of Health, Public Health Laboratory.

History

Statutory Authority: MS s 144.05; 144.12
History: 30 SR 247

Minn. R. 4605.7050 Unusual Case Incidence

Subpart 1. Cases, suspected cases, or increased incidence.

Any pattern of cases, suspected cases, or increased incidence of any illness beyond the expected number of cases in a given period, which may indicate a newly recognized infectious agent, an outbreak, epidemic, emerging drug resistance, or public health hazard, including suspected or confirmed outbreaks of food or waterborne disease, epidemic viral gastroenteritis, and any disease known or presumed to be transmitted by transfusion of blood or blood products, shall be reported immediately by telephone, by the person having knowledge, to the commissioner.

Subp. 2. Unexplained death or critical illness.

An unexplained death or unexplained critical illness in a previously healthy individual that may be caused by an infectious agent shall be reported by the attending health care practitioner, medical examiner or coroner, or by the person having knowledge about the death or illness to the commissioner within one day.

Subp. 2a. Disease report information.

The persons reporting under subparts 1 and 2 shall report the name and date of birth of the individual who is the case, suspected case, or decedent, and report all other information listed under part 4605.7090 that is known.

Subp. 3. Submissions.

Upon request of the commissioner, medical laboratories shall submit test results and clinical materials for cases and suspected cases reported under subparts 1 and 2 to the Minnesota Department of Health, Public Health Laboratory.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247; 41 SR 829; 49 SR 329

Minn. R. 4605.7060 Cases, Suspected Cases, Carriers, and Deaths Due to Disease Acquired Outside the State

A health care practitioner shall report to the commissioner cases, suspected cases, carriers, and deaths due to any infectious disease that a health care practitioner determines has been acquired outside the state and that is considered:

A. rare or unusual in Minnesota; or

B. a public health problem in the geographic area of presumed acquisition.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247; 41 SR 829

Minn. R. 4605.7070 Other Reports

It shall be the duty of any person in charge of any institution, school, child care facility or camp, or any other person having knowledge of any disease which may threaten the public health, to report immediately the name and date of birth of a person or deceased person suspected of having the disease to the commissioner and other information listed under part 4605.7090 that the commissioner determines is necessary to investigate or control the disease.

History

Statutory Authority: MS s 144.05; 144.0742; 144.12
History: 9 SR 2584; 30 SR 247; 49 SR 329

Minn. R. 4605.7075 Tuberculosis; Special Reporting

A health care practitioner or other person required to report under part 4605.7030 or Minnesota Statutes, section 144.4804, shall within one working day report to the commissioner of health the name, address, and essential facts of the case if the health care practitioner or other person required to report under part 4605.7030 or Minnesota Statutes, section 144.4804, has reason to believe that a person with active pulmonary tuberculosis:

A. refuses treatment for active tuberculosis; or

B. has not complied with prescribed therapy for active tuberculosis.

History

Statutory Authority: MS s 144.05; 144.072; 144.12; 144.122
History: 20 SR 858; 30 SR 247; 41 SR 829

Minn. R. 4605.7080 New Diseases and Syndromes; Reporting and Submissions

Subpart 1. Disease selection.

The commissioner shall, by public notice, require reporting of newly recognized or emerging diseases and syndromes suspected to be of infectious origin or previously controlled or eradicated infectious diseases if:

A. the disease or syndrome can cause serious morbidity or mortality; and

B. report of the disease or syndrome is necessary to monitor, prevent, or control the disease or syndrome to protect public health.

Subp. 2. Surveillance mechanism.

The commissioner shall describe a specific, planned mechanism for surveillance of the disease or syndrome including persons and entities required to report, a time frame for reporting, and protocols for the submission of test results and clinical materials from cases and suspected cases to the Minnesota Department of Health, Public Health Laboratory.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247

Minn. R. 4605.7090 Disease Report Information

Reports that are required under this chapter shall contain as much of the following information as is known:

A. disease (whether a case, suspected case, carrier, or death);

B. date of first symptoms;

C. primary signs and symptoms;

D. patient:

E. date of report;

F. health care practitioner name, address, and telephone number;

G. name of hospital (if any);

H. name of person reporting (if not health care practitioner);

I. diagnostic laboratory findings and dates of tests;

J. name and locating information of contacts (if any);

K. vaccination history for the disease reported;

L. pregnancy status and expected date of delivery, if the infection can be transmitted during pregnancy or delivery; and

M. other information pertinent to the case.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247; 41 SR 829

Minn. R. 4605.7100 Reports to Community Health Boards

Upon receipt of information or other knowledge of a case, suspected case, carrier, or death or any disease or report required under this chapter, the community health board as defined in Minnesota Statutes, section 145A.02, subdivision 5, shall immediately forward same to the commissioner.

History

Statutory Authority: MS s 144.05; 144.0742; 144.12
History: 9 SR 2584; L 1987 c 309 s 24; 30 SR 247; L 2015 c 21 art 1 s 109

Minn. R. 4605.7200 Records of Disease

The commissioner shall maintain records of reports of cases, suspected cases, carriers, and deaths for the disease reports required in this section and shall prepare statewide summary information which shall be made available for each community health board as defined in Minnesota Statutes, section 145A.02, subdivision 5, on request.

History

Statutory Authority: MS s 144.05; 144.0742; 144.12
History: 9 SR 2584; L 1987 c 309 s 24; L 2015 c 21 art 1 s 109

Minn. R. 4605.7300 Copies of Disease Reports

Community health boards operating under agreements in part 4735.0110, subpart 2, shall be forwarded copies of all disease reports and information received by the commissioner which pertain to the jurisdiction and biennial agreement between the commissioner and the community health board as defined in Minnesota Statutes, section 145A.02, subdivision 5.

History

Statutory Authority: MS s 144.05; 144.0742; 144.12
History: 9 SR 2584; L 1987 c 309 s 24; L 2015 c 21 art 1 s 109

Minn. R. 4605.7400 Prevention of Disease Spread

Subpart 1. Isolation.

The health care practitioner attending a case, suspected case, or carrier (or in the absence of a health care practitioner, the commissioner) shall make certain that isolation precautions are taken to prevent spread of disease to others.

Subp. 2. Report of noncompliance.

A health care practitioner shall report immediately to the commissioner the name, address, and other pertinent information for all cases, suspected cases, and carriers who refuse to comply with prescribed isolation precautions. The commissioner shall then seek injunctive relief under Minnesota Statutes, section 145.075, if the person represents a public health hazard.

History

Statutory Authority: MS s 144.05; 144.0742; 144.12
History: 9 SR 2584; 41 SR 829

Minn. R. 4605.7500 Disease Investigations

The commissioner shall investigate the occurrence of cases, suspected cases, or carriers of reportable diseases or unusual disease occurrences in a public or private place for the purpose of verification of the existence of disease, ascertaining the source of the disease causing agent, identifying unreported cases, locating and evaluating contacts of cases and suspected cases by assessing relevant risk factors and testing and treatment history, identifying those at risk of disease, determining necessary control measures, and informing the public if necessary.

History

Statutory Authority: MS s 144.05; 144.0742; 144.12
History: 9 SR 2584; 30 SR 247

Minn. R. 4605.7600 [Repealed, 20 SR 858]

[Repealed, 20 SR 858]

Minn. R. 4605.7700 Sexually Transmitted Disease; Special Reports

The following special reports in items A to D shall be given by health care practitioners to the commissioner.

A. Notwithstanding any previous report, a health care practitioner who has reason to believe that a person having chlamydial infection, syphilis, gonorrhea, or chancroid has not completed therapy shall notify the commissioner immediately of that person's name, address, and other pertinent information.

B. Notwithstanding any previous report, a health care practitioner who treats persons infected with chlamydial infection, syphilis, gonorrhea, or chancroid shall ensure that contacts are treated or provide the names and addresses of contacts who may also be infected to the commissioner. If known, persons named as contacts to a person with human immunodeficiency virus (HIV) infection, including acquired immunodeficiency syndrome (AIDS), shall be reported to the commissioner.

C. Notwithstanding any previous report, a health care practitioner shall immediately report to the commissioner the name, address, and essential facts of the case for any person known to have or suspected of having chlamydial infection, syphilis, gonorrhea, or chancroid who refuses treatment.

D. If resources are available, the commissioner may authorize specific outpatient or inpatient facilities to report cases of specific sexually transmitted diseases and clinical syndromes in addition to those specified in part 4605.7040. The diseases and clinical syndromes to be reported shall include urethritis in males, pelvic inflammatory disease, genital herpes simplex infection, ectopic pregnancy, and other sexually transmitted disease as requested by the commissioner.

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247; 41 SR 829

History

Statutory Authority: MS s 144.05; 144.072; 144.0742; 144.12; 144.122
History: 9 SR 2584; 20 SR 858; 30 SR 247

Minn. R. 4605.7900 Ophthalmia Neonatorum

Subpart 1. Definition.

Any condition of the eye or eyes of an infant, independent of the nature of the infection, in which there is any inflammation, swelling, or redness in either one or both eyes of any such infant, either apart from, or together with, any unnatural discharge from the eye or eyes of any such infant within two weeks of the birth of such infant, shall be known as ophthalmia neonatorum.

Subp. 2. Prophylaxis.

The licensed health professional in charge of the delivery at the time of the birth of any newborn infant shall instill or have instilled, within one hour of birth or as soon as possible thereafter, a one percent solution of silver nitrate, or tetracycline ointment or drops, or erythromycin ointment or drops.

Subp. 3. Treatment.

A licensed health professional who is not a licensed health care practitioner but who is in charge of the care of a newborn infant shall immediately bring to the attention of a licensed health care practitioner every case in which symptoms of inflammation develop in one or both eyes of an infant in his or her care.

Subp. 4. Objections.

If a parent objects or both parents object to the prophylactic treatment of a newborn infant and the health professional has honored the objection, the health professional shall retain a record of the objection.

History

Statutory Authority: MS s 144.05; 144.12
History: 9 SR 2584; 41 SR 829

Minn. R. 4605.8000 [Repealed, 13 SR 528]

[Repealed, 13 SR 528]

Chapter 4606 CANCER SURVEILLANCE SYSTEM

Minn. R. 4606.3300 Purpose

The purpose of parts 4606.3300 to 4606.3309 is to establish a process and assign responsibility for:

A. collecting data on the occurrence and outcomes of cancer in the state; and

B. investigating the occurrence of cancer.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69; 144.672
History: 13 SR 528; 36 SR 615

Minn. R. 4606.3301 Scope

Parts 4606.3300 to 4606.3309 apply generally to the diagnosis of, reporting of, and epidemiologic studies of cancer; and scientific research on the treatment and prevention of cancer.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69
History: 13 SR 528

Minn. R. 4606.3302 Definitions

Subpart 1. Abstract.

"Abstract" means an electronic record, in a format specified by the commissioner, which contains the information required in part 4606.3304.

Subp. 2. Attending physician.

"Attending physician" means the physician who provides primary clinical care for the cancer case.

Subp. 3. Cancer.

"Cancer" means:

A. malignant and in situ neoplasms of all sites, except:

B. basal and squamous cell carcinomas of the genitalia; and

C. all brain and central nervous system neoplasms regardless of malignancy.

Subp. 3a. Cancer registry.

"Cancer registry" means a collection of cancer data on patients that is maintained as an identified repository of such data for or within any hospital, medical clinic, or centralized institution.

Subp. 4. Case.

"Case" means any Minnesota resident, living or deceased, having a cancer diagnosed by a physician or dentist.

Subp. 5. Case report.

"Case report" means a complete report of a diagnosis of cancer, which has been made by a physician or dentist. At a minimum, this shall consist of source documents that contain all or as much as is known of the information required in part 4606.3304.

Subp. 6. Commissioner.

"Commissioner" means the state commissioner of health, or the commissioner's authorized officers, or employees.

Subp. 7. Demographic form.

"Demographic form" means the front page of a hospital medical record, the hospital business office form, or the pathology specimen submission slip that contains the demographic information required in part 4606.3304 for cases.

Subp. 8. Dentist.

"Dentist" means any person who is licensed by the Minnesota Board of Dentistry to practice dentistry.

Subp. 9.

[Repealed, 36 SR 615]

Subp. 10. Epidemiologic studies.

"Epidemiologic studies" means the compilation of data on health and disease, its scientific analysis to determine the distribution and causes of health problems in populations, and the application of this study to the control of health problems.

Subp. 11. Hospital.

"Hospital" means any institution licensed as such by the commissioner under Minnesota Statutes, section 144.50.

Subp. 12. Medical clinic.

"Medical clinic" means any institution staffed by one or more physicians where diseases of human beings are diagnosed.

Subp. 13. Medical laboratory or pathology laboratory.

"Medical laboratory" or "pathology laboratory" means any facility that reports the results of examinations of organ tissue, cells, or blood specimens from the human body for cancer to physicians who use the reports for purposes of diagnosis or patient care.

Subp. 14. Minnesota resident.

"Minnesota resident" means a person who provides a permanent address within the borders of the state at the time of cancer diagnosis. In the case of minors, residency shall be determined as that of the parent or legal guardian. This does not mean that Minnesota is the person's legal residence or voting residence.

Subp. 15. Physician.

"Physician" means a person who is licensed by the Minnesota Board of Medical Practice to practice medicine.

Subp. 16. Reporting entity.

"Reporting entity" means the individual or operational unit within an institution such as a medical laboratory, hospital, clinic, or cancer registry, designated by the institution to submit case reports required by parts 4606.3300 to 4606.3309.

Subp. 17. Source documents.

"Source documents" means copies of the demographic forms and the portions of a medical record, including pathology laboratory reports that contain the information required in part 4606.3304 for cases.

Subp. 18.

[Repealed, 36 SR 615]

History

Statutory Authority: MS s 144.05; 144.671 to 144.69; 144.672
History: 13 SR 528; L 1991 c 106 s 6; 21 SR 1406; 36 SR 615

Minn. R. 4606.3303 Comprehensive Reports of Cancer

Subpart 1. Cancer registries.

Cancer registries shall forward by first class mail, by messenger, or by electronic means, case reports to the commissioner within 15 working days of the date the patient's record in the cancer registry was completed.

Subp. 2. Medical laboratories.

Medical laboratories shall forward by first class mail, by messenger, or by electronic means, case reports to the commissioner for all cases of cancer within 15 working days of the date of diagnosis.

Subp. 3. Hospitals and medical clinics.

Hospitals and medical clinics shall forward by first class mail, by messenger, or by electronic means, case reports to the commissioner for all cases of cancer diagnosed in the institution within 15 working days of the date of diagnosis.

Subp. 4. Physicians and dentists.

A. Physicians and dentists who diagnose cancer in humans shall forward by first class mail, by messenger, or by electronic means, case reports to the commissioner within 15 working days of the date of diagnosis.

B. A physician or dentist is exempted from item A if the physician or dentist (i) is working within a hospital, medical clinic, or medical laboratory required to report by this part, (ii) knows the case was admitted to a hospital required to report by this part, or (iii) has received, from a medical laboratory required to report by this part, a written report indicating the presence of cancer in the case.

Subp. 5. Designating a reporting entity.

Alternatively, cancer registries, medical laboratories, hospitals, medical clinics, or any combination of these within or as part of an institution, may notify the commissioner of the identity of a reporting entity to report on behalf of the institution and as such shall meet the requirements of cancer reporting under subparts 1 to 4.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69; 144.672
History: 13 SR 528; 36 SR 615

Minn. R. 4606.3304 Reports

Subpart 1. Case information.

Reports of case information that are required in part 4606.3303 must consist of source documents and contain as much of the following information as is known:

A. patient identifiers, including Social Security number, and demographics;

B. provider and facility information;

C. cancer diagnostic information;

D. extent of disease and other prognostic factor information;

E. first course of cancer-directed treatment;

F. follow-up information; and

G. other information as needed for system administration.

Subp. 1a. Data items.

The commissioner shall, at least once per year and by publication in the State Register and electronic notice on the Minnesota Cancer Reporting System website, provide a list of the data items to be reported under part 4606.3303, subpart 1, and specify the format to be used for electronic reports. The list will be revised according to national cancer reporting standards.

Subp. 1b. Reporting standards.

The following guides and standards for reporting the information required in subparts 1 and 1a are incorporated by reference and are available through the Minitex interlibrary loan system. They are also available electronically as specified in items A and D.

A. Standards for Cancer Registries: Volume II, Data Standards and Data Dictionary, Fourteenth Edition Record Layout Version 12 (2010), and subsequent editions; and Volume V, Electronic Pathology Reporting Standards, Version 3.0 (2009) and subsequent editions; North American Association of Central Cancer Registries (NAACCR), Springfield, Illinois. NAACCR reporting standards are updated frequently and are published electronically at www.naaccr.org.

B. Summary Staging Guide, Cancer Surveillance Epidemiology and End Results Reporting, SEER Program (April 1977, reprinted July 1986), published by the National Institutes of Health (NIH), Public Health Service, U.S. Department of Health and Human Services, NIH publication number 86-2313 (cancers diagnosed before 2001). The Summary Staging Guide is not subject to frequent change.

C. SEER Summary Staging Manual - 2000 (July 2001), published by the NIH, Public Health Service, U.S. Department of Health and Human Services, NIH publication number 01-4969 (cancers diagnosed in 2001 through 2003). The SEER Summary Staging Manual is not subject to frequent change.

D. Collaborative Staging Manual and Coding Instructions version 1.0 and subsequent editions, published by the NIH, Public Health Service, U.S. Department of Health and Human Services, NIH publication number 04-5496 (cancers diagnosed in 2004 and later). The Collaborative Staging Manual is subject to frequent change and is published electronically at www.cancerstaging.org/cstage/index.html.

E. Data Acquisition Manual (revised edition September 1994), published by the Commission on Cancer, American College of Surgeons (cancers diagnosed in 1995). The manual is not subject to frequent change.

F. Standards of the Commission on Cancer, Volume II: Registry Operations and Data Standards (ROADS) (1996 and 1998), published by the Commission on Cancer, American College of Surgeons (cancers diagnosed in 1996 through 2002). The manual is not subject to frequent change.

G. Facility Oncology Registry Data Standards (FORDS) (2002 and subsequent editions), published by the Commission on Cancer, American College of Surgeons (cancers diagnosed in 2003 and later). The standards of the Commission on Cancer are changed as often as every year.

H. Manual for Staging of Cancer (4th edition 1992 and subsequent editions), American Joint Commission on Cancer (AJCC), published by J.B. Lippincott Company. The AJCC manual is not subject to frequent change.

I. SEER Program Coding and Staging Manual 2007; Johnson CH, Adamo M (eds.), National Cancer Institute, NIH publication number 07-5581, Bethesda, MD 2007. The SEER manual is not subject to frequent change.

Subp. 2. Abstracts.

Alternatively, reports of case information that are required in part 4606.3303 may consist of completed electronic abstracts and must contain the information required in subpart 1.

Subp. 3. Occupational data.

Hospitals, medical clinics, and physicians shall, upon request of the commissioner, report as much information as is known concerning the occupational history of cancer cases. The commissioner shall by publication in the State Register request reports of such information when the following conditions exist:

A. epidemiologic surveillance and studies based on this information will assist in identifying cancer risks in certain occupational groups; and

B. there is a specific, planned mechanism for the surveillance and epidemiologic study of the cancer related to the occupational group.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69
History: 13 SR 528; 21 SR 1406; 36 SR 615; L 2023 c 70 art 4 s 112

Minn. R. 4606.3305 Data Submission

Subpart 1. Completeness.

Every case report shall include, at a minimum, legible source documents or completed abstracts that must contain the data required in part 4606.3304. Electronic abstracts must be submitted in the format required by the commissioner.

Subp. 2. Missing information.

The reporting entity or individual shall, within five working days of notification by the commissioner, supply all missing information, if known, or clarify information submitted in any report required in parts 4606.3303 and 4606.3304.

Subp. 3. Inspection.

For the purpose of assuring the quality and completeness of individual cancer case reports, each reporting entity or individual shall allow the commissioner to inspect the demographic portions of a patient's medical record or medical records related to the diagnosis and treatment of cancer as are necessary to verify the accuracy and completeness of the cancer diagnostic and treatment information and demographic data.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69; 144.672
History: 13 SR 528; 21 SR 1406; 36 SR 615

Minn. R. 4606.3306 Physician Consent

Subpart 1. Attempt to obtain consent.

When undertaking epidemiologic studies, the commissioner shall attempt to locate and obtain the consent of the attending physician as identified in the case report before approaching any case named in a report or a personal representative of a deceased case as defined in Minnesota Statutes, section 13.10, subdivision 1, paragraph (c).

Subp. 2. Approach without consent.

The commissioner may approach a case named in a report or a personal representative of a deceased case as defined in Minnesota Statutes, section 13.10, subdivision 1, paragraph (c), without the consent of the attending physician as identified in the case report in order to conduct epidemiologic investigations if the attending physician is deceased, is no longer licensed in the state, is no longer practicing, cannot otherwise be located, or is no longer caring for the case and is unable to identify the case's current attending physician.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69; 144.672
History: 13 SR 528; 36 SR 615

Minn. R. 4606.3307 Authorized Research

Subpart 1. Criteria.

The commissioner of health may enter into contracts to conduct research, using data collected pursuant to parts 4606.3300 to 4606.3309, with public and private research agencies or with individuals who satisfy all of the following criteria:

A. the research proposed to be conducted will assist in improving the diagnosis, treatment, or prevention of cancer and the public health;

B. there is documented evidence that the principal investigator for the research proposed is qualified:

C. there is a written protocol which includes but is not limited to a complete description of:

Subp. 2. Release of information.

Under no circumstances will researchers be provided access to personal identifiers that would allow contact of a patient without attempting to obtain physician consent as described in part 4606.3306. The following personal identifiers will not be released:

A. last name;

B. first name;

C. middle name or initial;

D. address;

E. county of residence; or

F. social security number. No researcher operating under contractual agreement with the commissioner as described in subpart 1 shall release any personal identifier, mark, or description obtained during an investigation that could be used for identification of an institution, a physician, or an individual who is or was the subject of a case report required in part 4606.3303.

Subp. 3. Evaluation of proposals.

The commissioner shall evaluate proposals based upon the criteria in items A to E.

A. The proposed research has social and scientific merit that is directed primarily toward improving the diagnosis, treatment, defining of risks, or prevention of cancer.

B. All coinvestigators are qualified to undertake the proposed research by means of specific academic training or demonstrable, related experience in epidemiology, medical, biomedical, or statistical research.

C. The hypotheses to be tested are explicit, and are determined to be researchable and feasible by the scientific peer review committee described in subpart 4.

D. The methods proposed for testing the hypothesis clearly define:

E. The results of this study will be interpreted so that the findings can be used or generalized to other populations and provide a timely, substantive, and important contribution to the understanding of cancer diagnosis, treatment, or prevention in Minnesota.

Subp. 4. Scientific peer review committee.

To assist in evaluating the scientific merits of proposals for research, the commissioner may appoint up to seven scientists to conduct scientific peer review who are qualified by having:

A. attained the degree of medical doctor, doctor of science, doctor of philosophy, or equivalent degree from an accredited college or university;

B. specific training in medicine, epidemiology, cancer research, or biometry from an accredited college or university; and

C. two or more years of applied experience in epidemiology, medical research, biomedical research, or biometry.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69
History: 13 SR 528

Minn. R. 4606.3308 Contracts

Subpart 1. Contracts.

The commissioner may, upon receipt of an application described in this section, contract with any institution or reporting entity in compliance with part 4606.3304 for the following purposes:

A. providing more efficient, expedient, and complete cancer registry and reporting systems for those required to report under part 4606.3303;

B. extending the capability and efficiency of the commissioner to meet the mandate established under Minnesota Statutes, sections 144.671 to 144.69; and

C. maintaining and validating the quality, accuracy, and completeness of cancer case data.

Subp. 2. Notice of availability of funds.

The commissioner shall publish and distribute a notice of availability of funds and request for contract proposals to all hospitals, medical laboratories, tumor registries, and medical clinics required to report under part 4606.3303.

Subp. 3. Content of application.

Applications made under this section shall address all of the following information requirements, including:

A. Full corporate or company name, address, and tax identification number of applicant institution, or in the case of multiple institutions, the full corporate or company name, address, and tax identification number of the principal applicant institution, and the full corporate or company names and addresses of other institutions participating in the application.

B. A description of the individual components of the reporting systems to be provided by the applicant. The quality assurance standards in part 4606.3305 shall be incorporated into all applications. For each component to be provided, the application must describe, but not be limited to:

C. Assurance that services will be provided in accordance with state and federal laws and rules.

D. Assurance that the privacy of all data will be maintained in accordance with law and acceptable medical practice.

Subp. 4. Priority.

Priority will be given to applications proposing to provide cancer reporting systems addressing one or more of the following criteria:

A. the highest quality and completeness of data;

B. services to the greatest number of persons;

C. services to the largest geographic area; and

D. demonstrated capacity to perform on the proposal.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69
History: 13 SR 528

Minn. R. 4606.3309 Charges for Data

The commissioner may charge fees for out-of-pocket expenses including hourly employee wages, employee expenses, electronic data processing costs, duplicating, and clerical charges incurred as a result of requests by agencies for summary data compilation or analyses under the following conditions:

A. the agency requesting the summary data is not a community health services agency as defined in Minnesota Statutes, chapter 145;

B. the request requires more than one person hour of time to complete for an employee of the commissioner who is classified as either a programmer/analyst or higher, or an epidemiologist I or higher; and

C. the estimated total out-of-pocket expenses, regardless of person hours needed to satisfy the request, are greater than $50.

History

Statutory Authority: MS s 144.05; 144.671 to 144.69
History: 13 SR 528

Chapter 4610 DISPOSITION OF THE DEAD

Minn. R. 4610.0200 [Renumbered 4610.0410]

[Renumbered 4610.0410]

Minn. R. 4610.0300 [Renumbered 4610.0420]

[Renumbered 4610.0420]

Minn. R. 4610.0400 [Repealed, L 1997 c 215 s 46]

[Repealed, L 1997 c 215 s 46]

Minn. R. 4610.0410 [Repealed, L 1997 c 215 s 46]

[Repealed, L 1997 c 215 s 46]

Minn. R. 4610.0420 [Repealed, L 2009 c 157 art 1 s 18]

[Repealed, L 2009 c 157 art 1 s 18]

Minn. R. 4610.0500 Repealed by subpart

Subpart 1.

[Repealed, L 2009 c 157 art 1 s 18]

Subp. 2.

[Repealed, L 2009 c 157 art 1 s 18]

Subp. 3.

[Repealed, L 2009 c 157 art 1 s 18]

Subp. 4.

[Repealed, 10 SR 2319]

Subp. 5.

[Repealed, L 2009 c 157 art 1 s 18]

Minn. R. 4610.0600 Repealed by subpart

Subpart 1.

[Repealed, L 2009 c 157 art 1 s 18]

Subp. 2.

[Repealed by amendment, 10 SR 2319]

Subp. 3.

[Repealed, L 2009 c 157 art 1 s 18]

Subp. 4.

[Repealed, L 2009 c 157 art 1 s 18]

Subp. 5.

Subpart 1.

[Repealed, 10 SR 2319]

Subp. 2.

[Repealed, L 1997 c 215 s 46]

Subp. 3.

[Repealed, L 1997 c 215 s 46]

Subp. 4.

[Repealed by amendment, 10 SR 2319]

Minn. R. 4610.2400 Repealed by subpart

Subpart 1.

[Repealed, L 1997 c 215 s 46]

Subp. 1a.

[Repealed, L 1997 c 215 s 46]

Subp. 2.

[Repealed, 10 SR 2319]

Subp. 3.

[Repealed, L 1997 c 215 s 46]

Subp. 4.

[Repealed, L 1997 c 215 s 46]

Subp. 4a.

[Repealed, L 1997 c 215 s 46]

Subp. 4b.

[Repealed, L 1997 c 215 s 46]

Subp. 5.

[Repealed, L 1997 c 215 s 46]

Subp. 6.

[Repealed, L 1997 c 215 s 46]

Subp. 6a.

[Repealed, L 1997 c 215 s 46]

Subp. 7.

[Repealed, 10 SR 2319]

Subp. 8.

[Repealed, L 1997 c 215 s 46]

Subp. 9.

[Repealed, L 1997 c 215 s 46]

Subp. 9a.

[Repealed, L 1997 c 215 s 46]

Subp. 9b.

[Repealed, L 1997 c 215 s 46]

Subp. 10.

[Repealed, L 1997 c 215 s 46]

Subp. 10a.

[Repealed, L 1997 c 215 s 46]

Subp. 10b.

[Repealed, L 1997 c 215 s 46]

Subp. 10c.

[Repealed, L 1997 c 215 s 46]

Subp. 11.

[Repealed, L 1997 c 215 s 46]

Subp. 12.

[Repealed, L 1997 c 215 s 46]

Subp. 12a.

[Repealed, L 1997 c 215 s 46]

Subp. 13.

[Repealed, L 1997 c 215 s 46]

Subp. 14.

[Repealed, L 1997 c 215 s 46]

Minn. R. 4610.2500 [Repealed, L 1997 c 215 s 46]

[Repealed, L 1997 c 215 s 46]

Minn. R. 4610.2600 [Repealed, L 1997 c 215 s 46]

[Repealed, L 1997 c 215 s 46]

Minn. R. 4610.2700 [Repealed, L 1997 c 215 s 46]

[Repealed, L 1997 c 215 s 46]

Minn. R. 4610.2800 [Repealed, L 2007 c 147 art 9 s 38]

[Repealed, L 2007 c 147 art 9 s 38]

Chapter 4615 MATERNAL AND INFANT HEALTH

Minn. R. 4615.0750 Purpose and Scope

The purpose and scope of parts 4615.0750 to 4615.0760 is to describe the responsibilities of the Minnesota Department of Health to assure that persons diagnosed as having hemoglobinopathy, phenylketonuria, galactosemia, hypothyroidism, and/or congenital adrenal hyperplasia will: (1) have access to approved laboratory treatment control tests when available; (2) have necessary financial assistance for treatment of diagnosed cases when indicated; and (3) be included in a registry of cases for the purpose of coordinating follow-up services.

History

Statutory Authority: MS s 144.125; 144.128
History: 10 SR 2290; 17 SR 1758

Minn. R. 4615.0755 Definitions

Subpart 1. Scope.

For the purpose of parts 4615.0750 to 4615.0760, the following terms have the meanings given them.

Subp. 2. Department.

"Department" means the Minnesota Department of Health.

Subp. 3. Follow-up services.

"Follow-up services" means assisting the patient in accessing appropriate treatment and other services.

Subp. 4.

[Repealed, 17 SR 1758]

Subp. 5. Patient.

"Patient" means the person who has been diagnosed with hemoglobinopathy, phenylketonuria, galactosemia, hypothyroidism, and/or congenital adrenal hyperplasia or the person's parents or legal guardian.

Subp. 6. Physician.

"Physician" means the medical doctor licensed under Minnesota Statutes, chapter 147, who is supervising the ongoing treatment of the patient. The patient may identify more than one such physician.

Subp. 7.

[Repealed, 17 SR 1758]

Subp. 8. Registry.

"Registry" means a permanent record maintained by the department on each patient diagnosed by a physician and reported to the department as having hemoglobinopathy, phenylketonuria, galactosemia, hypothyroidism, and/or congenital adrenal hyperplasia.

Subp. 9. Treatment control test.

"Treatment control test" means a laboratory test to monitor medical treatment in diagnosed patients to assist in the medical management of the patient's metabolic disease.

Subp. 10. Treatment control test specimen.

"Treatment control test specimen" means a specimen of blood or other body fluid collected from a patient.

Subp. 11. Treatment control test specimen kit.

"Treatment control test specimen kit" means a kit containing suitable containers and other materials provided by the department and used to collect and transport a treatment control test specimen.

History

Statutory Authority: MS s 144.125; 144.128
History: 10 SR 2290; 17 SR 1758

Minn. R. 4615.0760 Responsibilities of Department of Health

Subpart 1. Treatment control test specimen kits.

The department shall develop and make available treatment control test specimen kits to physicians and patients as medically indicated to effectively monitor treatment, and provide the treatment control test specimen kit and the laboratory evaluation of the treatment control test specimen at no cost to the patient.

Subp. 2. Reporting of test results.

The department shall report the laboratory results of the treatment control tests to the physician or patient submitting the treatment control test specimen. If the treatment control test specimen is submitted directly by the patient, the patient shall identify a physician who shall receive a copy of the laboratory results.

Subp. 3. Assistance in obtaining treatment.

The department shall make arrangements for the medically indicated treatment of the metabolic defect in diagnosed cases of hemoglobinopathy, phenylketonuria, galactosemia, hypothyroidism, and/or congenital adrenal hyperplasia when the patient is uninsured or is unable to pay the cost of treatment because of a lack of available income. The arrangements include referral to appropriate agencies which have financial resources to pay for medically indicated treatment such as private health insurance companies, medical assistance, MinnesotaCare, and Services for Children with Disabilities.

Subp. 4. Registry of cases.

The department shall maintain a registry of all diagnosed cases of hemoglobinopathy, phenylketonuria, galactosemia, hypothyroidism, and congenital adrenal hyperplasia reported to the department. The registry shall be updated not more often than annually by direct contact with the patient to determine their address and their need for medical treatment services, educational materials, and counseling related to their metabolic disease. The registry shall include the following minimum data on each patient:

A. name of patient;

B. gender;

C. date of birth;

D. place of birth;

E. parents' names;

F. current address of patient;

G. diagnosis;

H. name and address of physician; and

I. other data the commissioner deems necessary for follow-up services.

Subp. 5. Classification of data.

The department shall treat all data in the registry as private pursuant to Minnesota Statutes, section 13.3805, the Minnesota Government Data Practices Act.

History

Statutory Authority: MS s 144.125; 144.128
History: 10 SR 2290; 17 SR 1758; L 1995 c 234 art 8 s 56; L 1999 c 227 s 22; L 2005 c 56 s 2

Minn. R. 4615.0800 Procedures for Reporting of Maternal Deaths

Any death associated with pregnancy, including abortion and extrauterine pregnancy, or the puerperium for a period of three months postpartum, whether or not it is the actual cause of death, shall be reported by mail within three days after death to the Minnesota Department of Health, Section of Maternal and Child Health, by the attending physician and by the hospital where the death occurred.

History

Statutory Authority: MS s 144.05; 144.12

[Repealed, 25 SR 805]

Subp. 2.

[Repealed, 25 SR 805]

Subp. 3.

[Repealed, 25 SR 805]

Subp. 4.

[Repealed, 25 SR 805]

Subp. 5.

[Repealed, 25 SR 805]

Subp. 6.

[Repealed, 25 SR 805]

Subp. 7.

[Repealed, 25 SR 805]

Subp. 8.

[Repealed by amendment, L 1977 c 305 s 39]

Subp. 9.

[Repealed, 25 SR 805]

Subp. 10.

[Repealed, 25 SR 805]

Subp. 11.

[Repealed, 25 SR 805]

Subp. 12.

[Repealed, 25 SR 805]

Subp. 13.

[Repealed, 25 SR 805]

Subp. 14.

[Repealed, 25 SR 805]

Subp. 15.

[Repealed, 25 SR 805]

Subp. 16.

[Repealed, 25 SR 805]

Subp. 17.

[Repealed, 25 SR 805]

Subp. 18.

[Repealed, 25 SR 805]

Subp. 19.

[Repealed, 25 SR 805]

Subp. 20.

[Repealed, 25 SR 805]

Subp. 21.

[Repealed, 25 SR 805]

Subp. 22.

[Repealed, 25 SR 805]

Subp. 23.

[Repealed, 25 SR 805]

Subp. 24.

[Repealed, 25 SR 805]

Subp. 25.

[Repealed, 25 SR 805]

Subp. 26.

Subpart 1. Scope.

The applicable definitions to these rules printed herein from MHD 342 (7 MCAR Section 1.342) are as follows.

Subp. 2. Abortion.

The term "abortion" is not used in these regulations, since it also applies to spontaneous early terminations of pregnancy. These rules do not apply to spontaneous abortions.

Subp. 3. Ambulatory facility.

"Ambulatory facility" shall mean any institution, place or building, or part thereof, including hospital outpatient services, devoted primarily to, as determined by the department, the maintenance and operation of facilities for the performance of procedures designed to terminate a pregnancy on an outpatient basis irrespective of whether the entire structure is devoted primarily to this purpose.

Subp. 4. Termination of pregnancy.

"Termination of pregnancy," "pregnancy termination," or "termination procedure," shall mean administering to a woman any medicine, drug, substance, or thing whatever, or the employment upon her of any instrument or other means whatever, with intent to induce or procure miscarriage of such a woman.

History

Statutory Authority: MS s 145.413

Minn. R. 4615.3500 Internal Records of the Ambulatory Facility

The pregnancy termination facility shall keep a signed consent form of each patient undergoing a pregnancy termination procedure.

History

Statutory Authority: MS s 145.413

Minn. R. 4615.3600 [Repealed, L 2023 c 70 art 4 s 113]

[Repealed, L 2023 c 70 art 4 s 113]

Chapter 4617 WIC PROGRAM

Minn. R. 4617.0002 Definitions

Subpart 1. Scope.

As used in this chapter, the following terms have the meanings given them in this part.

Subp. 2. Agency.

"Agency" means:

A. a public or private, nonprofit health or human service agency;

B. a community health board established pursuant to Minnesota Statutes, chapter 145A;

C. an Indian tribe, band, or group recognized by the United States Department of the Interior which operates a health clinic or is provided health services by an IHS service unit; or

D. an intertribal council or group that is an authorized representative of Indian tribes, bands, or groups recognized by the United States Department of the Interior, which operates a health clinic or is provided health services by an IHS service unit.

Subp. 2a.

[Repealed, 22 SR 266]

Subp. 2a. Applicant.

"Applicant" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 2b. Brand.

"Brand" means, with respect to a food product, the name of a specific food product manufactured by a specific manufacturer.

Subp. 2c.

[Repealed, 29 SR 1202]

Subp. 3.

[Repealed, 29 SR 1202]

Subp. 3a. Business-related violation.

"Business-related violation" means a criminal conviction of a person, or a civil judgment entered against a person, for violating one or more federal or state antitrust statutes, committing embezzlement, fraud, theft, forgery, bribery, or falsification or destruction of records, making one or more false statements, receiving stolen property, making false claims, or obstruction of justice, whether the conviction or judgment is based on a verdict, plea, stipulation, or settlement agreement.

Subp. 3b. Business site.

"Business site" means the specific location, as designated by an address, of the real property where a vendor or vendor applicant operates.

Subp. 3c. Cash-value voucher.

"Cash-value voucher" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended. Cash-value voucher includes the legal equivalent of a paper cash-value voucher, such as an electronic form of the cash-value voucher, as defined in the Check 21 Act, Public Law 108-100.

Subp. 3d. Cashier.

"Cashier" means an individual who accepts a voucher or cash-value voucher on behalf of a vendor.

Subp. 4.

[Repealed, 29 SR 1202]

Subp. 5.

[Repealed, 29 SR 1202]

Subp. 5a. Change of vendor location.

"Change of vendor location" means a change in the business site of a vendor by more than one mile.

Subp. 6.

[Repealed, 25 SR 805]

Subp. 6a. Change of vendor ownership.

"Change of vendor ownership" means a sale or other transaction which results in at least one new owner of a vendor.

Subp. 6b. Check-out lane.

"Check-out lane" means a distinct physical location within the vendor's established business site, with a separate operational cash register capable of generating receipts, where a customer can purchase items.

Subp. 7.

[Repealed, 29 SR 1202]

Subp. 7a. Citrus juice.

"Citrus juice" means orange juice, grapefruit juice, or a combination of orange and grapefruit juices.

Subp. 8. Clinic town.

"Clinic town" means a town or city in which the local agency distributes vouchers and cash-value vouchers to participants and proxies, or where participants are certified, or both.

Subp. 9. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Health or the commissioner's designated representative.

Subp. 10. Community health board.

"Community health board" has the meaning given in Minnesota Statutes, section 145A.02, subdivision 5.

Subp. 11.

[Repealed, 19 SR 2089]

Subp. 12.

[Repealed, 29 SR 1202]

Subp. 12a.

[Repealed, 22 SR 266]

Subp. 12b. Controlling person.

"Controlling person" means any owner or any person who, directly or indirectly, has the power to direct the management or control the activities of the vendor or vendor applicant, including any officer, manager, director, or general partner of the vendor or vendor applicant.

Subp. 13.

[Repealed, 25 SR 805]

Subp. 14.

[Repealed, 29 SR 1202]

Subp. 14a. Disqualification.

"Disqualification" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 14b. Expired or damaged food.

"Expired or damaged food" means a food item which is in stock and available for purchase after its "sell by," "best if used by," or other date limiting the sale or use of the food item, is dented, rusted, unlabeled or otherwise defective, has become moldy or otherwise spoiled, or has been recalled by the manufacturer.

Subp. 14c. Food assistance program.

"Food assistance program" means the Supplemental Nutrition Assistance Program (SNAP), or any other food and consumer service program in Minnesota or in any other state, district, commonwealth or territory of the United States.

Subp. 14d. Food item.

"Food item" means a specific brand, variety, and size of a food product.

Subp. 14e. Food product.

"Food product" means any category of food in part 4617.0067, subpart 3, item A or B, and any other category of food which meets the requirements of Code of Federal Regulations, title 7, section 246.10(c), as amended.

Subp. 14f. Food sales.

"Food sales" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 14g. Health promotion.

"Health promotion" means activities intended to reduce the prevalence of risk conditions or behaviors of individuals or communities for the purpose of preventing chronic disease and effecting other definable advances in health status. These activities include the coordination or provision of community organization, regulation, targeted screening, and education, as well as informational and other scientifically supported interventions to foster health by affecting related conditions and behaviors.

Subp. 15. Health service agency.

"Health service agency" means a public or private nonprofit agency whose primary purpose is to provide services designed to improve and protect an individual's health.

Subp. 16.

[Repealed, 29 SR 1202]

Subp. 16a.

[Repealed, 22 SR 266]

Subp. 17. Human service agency.

"Human service agency" means a public or private nonprofit agency whose primary purpose is to provide services that include correctional, educational, employment, mental health, or social services.

Subp. 17a. IHS.

"IHS" means the Indian Health Service of the United States Department of Health and Human Services.

Subp. 17b. Incentives.

"Incentives" means goods or services, in addition to the food products specified on a voucher or cash-value voucher, offered or provided to a WIC customer who redeems a voucher or cash-value voucher at a particular vendor.

Subp. 18.

[Repealed, 29 SR 1202]

Subp. 19.

[Repealed, 29 SR 1202]

Subp. 19a. Infant formula.

"Infant formula" means any food item formulated to replace human breast milk. The term infant formula includes the formulas approved by the commissioner under part 4617.0171 and all special infant formulas.

Subp. 19b. Launder.

"Launder" means to receive, transact, or redeem a voucher or cash-value voucher outside of authorized channels and includes redeeming a voucher or cash-value voucher accepted at a store that is not authorized as a WIC vendor, accepting a voucher or cash-value voucher at a place other than an established check-out lane at the vendor's business site, accepting or redeeming a voucher or cash-value voucher from any source other than a WIC customer, and accepting a voucher or cash-value voucher that is then redeemed through another vendor.

Subp. 20.

[Repealed, 25 SR 805]

Subp. 21. Local agency.

"Local agency" has the meaning given it in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 22.

[Repealed, 29 SR 1202]

Subp. 23. Migrant farmworker.

"Migrant farmworker" has the meaning given it in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 24.

[Repealed, 29 SR 1202]

Subp. 25.

[Repealed, 29 SR 1202]

Subp. 26.

[Repealed, 29 SR 1202]

Subp. 27.

[Repealed, 29 SR 1202]

Subp. 28.

[Repealed, 29 SR 1202]

Subp. 28a. Owner.

"Owner" means any person who, directly or indirectly, beneficially owns a 20 percent or greater interest in any vendor or vendor applicant, or in any partnership, joint venture, association, corporation, or otherwise organized business entity which directly or indirectly has the power to direct the management or control the activities of the vendor or vendor applicant.

Subp. 28b.

[Repealed, 29 SR 1202]

Subp. 28c.

[Repealed, 25 SR 555]

Subp. 28d. Participants.

"Participants" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 29.

[Repealed, 29 SR 1202]

Subp. 30. Person.

"Person" means an individual, partnership, joint venturer, association, corporation or otherwise organized business entity.

Subp. 31. Pharmacy.

"Pharmacy" means a business in which prescriptions, drugs, medicines, chemicals, and poisons are compounded, dispensed, vended, or retailed.

Subp. 31a. Pharmacy vendor.

"Pharmacy vendor" means a vendor that is a pharmacy.

Subp. 31b. Pharmacy vendor applicant.

"Pharmacy vendor applicant" means any pharmacy which has applied to the commissioner to be a pharmacy vendor, including any currently authorized pharmacy vendor which has applied to continue as a pharmacy vendor and any pharmacy which has applied for an immediate vendor agreement under part 4617.0066, subpart 3.

Subp. 32.

[Repealed, 29 SR 1202]

Subp. 33.

[Repealed, 25 SR 805]

Subp. 34.

[Repealed, 29 SR 1202]

Subp. 35.

[Repealed, 29 SR 1202]

Subp. 36.

[Repealed, 29 SR 1202]

Subp. 36a. Provide unauthorized food.

"Provide unauthorized food" means:

A. to provide any food other than WIC-allowed food in exchange for a voucher or cash-value voucher;

B. to provide, in exchange for a voucher or cash-value voucher, any WIC-allowed food that is not listed on the voucher or cash-value voucher;

C. to provide, as a substitute for any WIC-allowed food listed on a voucher or cash-value voucher, an excess quantity of another WIC-allowed food listed on the voucher or cash-value voucher; or

D. to provide, in exchange for a voucher or cash-value voucher, and to charge the WIC program for, more WIC-allowed food than is listed on the voucher or cash-value voucher.

Subp. 37. Proxy.

"Proxy" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 37a. Rain check.

"Rain check" means a credit provided by a vendor to a WIC customer in exchange for a voucher or cash-value voucher, if the credit can only be used to purchase one or more specific food items listed on the voucher or cash-value voucher but not received by the WIC customer.

Subp. 37b. Reauthorization application.

"Reauthorization application" means a vendor application submitted to the commissioner by a currently authorized vendor that is applying to continue as a vendor.

Subp. 37c.

[Repealed, 29 SR 1202]

Subp. 37d.

[Repealed, 29 SR 1202]

Subp. 38.

[Repealed, 29 SR 1202]

Subp. 39.

[Repealed, 22 SR 266]

Subp. 39a. Retail food store.

"Retail food store" means a store which sells food at retail directly to consumers other than WIC customers.

Subp. 40. Retail food vendor.

"Retail food vendor" means a vendor that is a retail food store.

Subp. 40a.

[Repealed, 22 SR 266]

Subp. 40b. Retail food vendor applicant.

"Retail food vendor applicant" means any retail food store which has applied to the commissioner to be a retail food vendor, including any currently authorized retail food vendor which has applied to continue as a retail food vendor and any retail food store which has applied for an immediate vendor agreement under part 4617.0066, subpart 3.

Subp. 40c. Single investigation.

"Single investigation" means all compliance buys, monitoring visits, record reviews, and other investigatory activities conducted in connection with a store or pharmacy until the investigation is complete. The investigation is complete on the earlier of: (1) the date the investigatory file is closed; (2) the date the store or pharmacy is disqualified from the WIC program; (3) the date the commissioner assesses a civil money penalty against the store or pharmacy; (4) the date the commissioner denies the vendor application of the store or pharmacy; or (5) the date the commissioner terminates the vendor agreement of the store or pharmacy.

Subp. 40d. Special infant formula.

"Special infant formula" means any infant formula specified on a voucher, other than the infant formula approved by the commissioner under part 4617.0171.

Subp. 40e. Special population.

"Special population" means members of populations as defined in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 40f. Tier 1 county.

"Tier 1 county" means a Minnesota county in which the total population is 250,000 or more according to the most recent Minnesota or United States census or estimated update as compiled by the state demographer.

Subp. 40g. Tier 2 county.

"Tier 2 county" means a Minnesota county in which the total population is less than 250,000 according to the most recent Minnesota or United States census or estimated update as compiled by the state demographer.

Subp. 41.

[Repealed, 29 SR 1202]

Subp. 42. Vendor.

"Vendor" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 42a. Vendor applicant.

"Vendor applicant" means a business entity that operates a retail food store, a pharmacy, or a store which is both a retail food store and pharmacy, if the business entity has applied to the commissioner for that particular store to be a vendor. "Vendor applicant" includes any currently authorized vendor which has applied to continue as a vendor at the same location and any business entity which has applied for an immediate vendor agreement under part 4617.0066, subpart 3.

Subp. 42b. Vendor application.

"Vendor application" means all information and documentation submitted to the commissioner by a vendor applicant under part 4617.0065 or 4617.0066, subpart 3.

Subp. 42c. Vendor overcharge.

"Vendor overcharge" has the meaning given in Code of Federal Regulations, title 7, section 246.2, as amended.

Subp. 43. Vendor stamp.

"Vendor stamp" means an ink stamp issued to a vendor by the commissioner with a unique number identifying that vendor, which the vendor uses under part 4617.0070.

Subp. 44. Voucher.

"Voucher" means a document which is authorized by the commissioner for use by a WIC customer to obtain WIC-approved foods from a vendor, and which may be deposited in the vendor's account at an established financial institution. Voucher includes the legal equivalent of a paper voucher, such as an electronic form of the voucher, as defined in the Check 21 Act, Public Law 108-100.

Subp. 44a.

[Repealed, 22 SR 266]

Subp. 44b. WIC-allowed foods.

"WIC-allowed foods" means special infant formula, and foods approved by the commissioner under this chapter for purchase with WIC vouchers and cash-value vouchers.

Subp. 44c.

[Repealed, 25 SR 555]

Subp. 44d. WIC cashier trainer.

"WIC cashier trainer" means the employee or other representative of a vendor who is, or, in the case of a vendor applicant, who will be, responsible for training the vendor's cashiers in properly transacting WIC vouchers and cash-value vouchers.

Subp. 44e. WIC customer.

"WIC customer" means a participant in the WIC program, a proxy, or a representative of the commissioner posing as a participant or proxy.

Subp. 44f. WIC food center.

"WIC food center" means a site at which the commissioner or a nonprofit agent of the commissioner distributes WIC-allowed foods directly to WIC customers under Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 246, subpart E, section 246.12, paragraph (n), as amended.

Subp. 44g. WIC ID folder.

"WIC ID folder" means a document issued by a local agency to a participant or proxy which contains eligibility information on a participant and contains the signatures of all individuals authorized to sign vouchers and cash-value vouchers issued to the participant.

Subp. 45. WIC program.

"WIC program" means the Special Supplemental Nutrition Program for Women, Infants, and Children administered by the United States Department of Agriculture under United States Code, title 42, section 1786, as amended.

Subp. 46. WIC sales.

"WIC sales" means all sales by a vendor for which the vendor receives payment in the form of a WIC voucher or a cash-value voucher.

History

Statutory Authority: MS s 144.11; 144.12; 145.891 to 145.897
History: 13 SR 1190; 14 SR 164; L 1991 c 106 s 6; 19 SR 2089; 22 SR 266; 25 SR 555; 25 SR 805; 29 SR 1202; 34 SR 790

Minn. R. 4617.0005 Notice of Availability of Wic Program Funds

At least once every five years beginning January 1, 2006, the commissioner shall send a notice of availability of WIC program funds to each agency that has asked the commissioner for the notice and to other interested agencies. The notice of availability must also be published on the Department of Health's web page or in the State Register at least 15 days before the date by which the notice of intent required under part 4617.0010, item A, must be submitted to the commissioner. The notice of availability must include the format of the notice of intent required under part 4617.0010, item A, and the date by which that notice must be submitted to the department.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 14 SR 164; 29 SR 1202

Minn. R. 4617.0010 Application for Wic Program Funds

An agency shall apply for WIC program funds according to items A to E.

A. An agency shall notify the commissioner in writing that it intends to apply for WIC program funds. The agency must submit the notice of intent on a format and by a date consistent with a notice of availability published under part 4617.0005.

B. After receiving an agency's notice of intent to apply for WIC program funds, the commissioner shall send to that agency an application form and instructions on how to complete the form. The instructions shall include a due date by which the agency shall submit the completed application form to the commissioner. The due date shall be no sooner than 30 days after the date the commissioner sends the application form and instructions.

C. An agency shall apply to administer the WIC program for a geographic area or a special population.

D. An agency shall submit an application form for WIC program funds no later than the due date specified in the instructions under item B. All applications must include the name and address of the applicant, must document that the applicant can meet the eligibility criteria under part 4617.0015, and must include all information requested on the application form that relates to the commissioner's consideration of the application under part 4617.0020.

E. If the commissioner determines that an application is incomplete, the commissioner shall request in writing that the agency submit the information needed to complete the application within 15 days after receiving that application. The commissioner shall not authorize an agency to administer the WIC program if it fails to submit the requested additional information.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 14 SR 164; 29 SR 1202

Minn. R. 4617.0015 Agency Eligibility Criteria

To be eligible for WIC program funds an agency must be able to:

A. meet the definition of local agency under Code of Federal Regulations, title 7, section 246.2, as amended;

B. comply with all requirements for local agencies under Code of Federal Regulations, title 7, part 246, as amended; and

C. comply with the requirements of a written agreement between a local agency and the commissioner according to part 4617.0030.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 14 SR 164; 29 SR 1202

Minn. R. 4617.0020 Agency Application Review and Approval

Subpart 1. General procedure.

The commissioner shall authorize an agency to administer the WIC program as a local agency by following in order the steps in subparts 2 to 9a.

Subp. 2. Agency application; review.

The commissioner shall review an application to determine whether the agency applicant meets the eligibility criteria in part 4617.0015 and whether the application was submitted according to part 4617.0010.

Subp. 3. Agency application to serve geographic area; approval and disapproval.

The commissioner shall approve or disapprove an application to serve a geographic area according to items A to G.

A. The commissioner shall approve only one application for each geographic area.

B. If an application does not document that the agency meets the eligibility criteria in part 4617.0015 or is not submitted according to part 4617.0010, the commissioner shall disapprove the application except as provided in item C.

C. If an applicant fails to meet a deadline in part 4617.0010 but is the only applicant that meets the eligibility criteria under part 4617.0015 to serve a particular geographic area, the commissioner shall approve the application. If, after the approval of an application under this item, the commissioner receives a subsequent application to serve the same geographic area, the commissioner shall disapprove the subsequent application.

D. Except as provided in items E and F, the commissioner shall approve an application and authorize the applicant to become a local agency if the application was submitted according to part 4617.0010 and if the application documents that the applicant meets the eligibility criteria under part 4617.0015.

E. If, after disapproving applications under item B, there are two or more remaining applications to serve the same geographic area:

F. If the agency applicant that has the highest priority under item E had significant WIC compliance issues, as determined according to item E, subitem (1), or if there are two or more applicants with the highest priority under item E, the commissioner shall:

G. For purposes of the priority system under item E, an agency other than a community health board must be classified as a health service agency or as a human service agency, based on the type of services it primarily provides during its current fiscal year. An agency must not be simultaneously classified as a health service agency and a human service agency. The commissioner shall consider an agency to be a health service agency if more than 50 percent of expenses in an agency's budget are allocated to non-WIC program health promotion or health care and if more than 50 percent of the agency's employee work hours are non-WIC program health promotion or health care.

Subp. 4.

[Repealed, 29 SR 1202]

Subp. 5.

[Repealed, 29 SR 1202]

Subp. 6.

[Repealed, 29 SR 1202]

Subp. 7.

[Repealed, 29 SR 1202]

Subp. 8.

[Repealed, 29 SR 1202]

Subp. 9.

[Repealed, 29 SR 1202]

Subp. 9a. Agency application to serve special population; approval and disapproval.

For purposes of this subpart, "unmet WIC program needs" in a special population includes both: (i) WIC program needs in the special population that are not being met at the time of the application; and (ii) WIC program needs in the special population that are anticipated to be unmet during the time for which the applicant is applying to be a local agency. The commissioner shall approve or disapprove an application to serve a special population according to items A to E.

A. If the application does not document that the agency meets the eligibility criteria in part 4617.0015 or is not submitted according to part 4617.0010, the commissioner shall disapprove the application.

B. If the applicant is eligible for funds directly from the United States Department of Agriculture to fund the applicant to provide WIC services to the special population and if the application has not been disapproved under item A, the commissioner shall approve that application and shall disapprove all other applications to serve the same special population.

C. If the application has not been approved or disapproved under item A or B, the commissioner shall disapprove the application if:

D. If, after considering applications according to items A to C, there are one or more remaining applications to serve a special population, the commissioner shall:

E. To determine under item D, subitem (2), whether an applicant can better meet the unmet WIC program needs of a special population and to determine which applicant can best meet the unmet WIC program needs of a special population, the commissioner shall consider the factors listed in subitems (1) to (13). For purposes of subitems (1) to (10), "applicant" means an applicant to serve the special population or an applicant to serve one of the geographic areas involved, except applicants whose applications have been disapproved:

Subp. 10. Notice of approval or disapproval.

Within 90 days after receiving a complete application, the commissioner shall give written notice to an agency that the commissioner has approved or disapproved its application. A notice of approval or disapproval must state that an application is approved as originally submitted, approved with changes, or disapproved.

A notice of disapproval must state the reason for the disapproval and must state that the agency applicant may appeal the disapproval according to part 4617.0100.

Subp. 11.

[Repealed, 29 SR 1202]

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 14 SR 164; 19 SR 2089; 29 SR 1202

Minn. R. 4617.0025 Disqualification

The commissioner shall stop providing WIC program funds to a local agency if the local agency does not comply with parts 4617.0002 to 4617.0171 or with Code of Federal Regulations, title 7, part 246, as amended. A local agency shall reimburse the commissioner for WIC program funds that are not distributed according to this chapter.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 14 SR 164; 19 SR 2089; 29 SR 1202; 34 SR 790

Minn. R. 4617.0030 Local Agency Agreements

Subpart 1. State agreements.

To administer the WIC program, a local agency must have a written agreement with the commissioner. The agreement must:

A. contain the signature of a representative of the local agency who is authorized to legally bind the agency;

B. contain the provisions required by Code of Federal Regulations, title 7, section 246.6, paragraph (b), as amended;

C. be consistent with this chapter and Code of Federal Regulations, title 7, part 246, as amended;

D. contain a nondiscrimination clause regarding employment practices and the delivery of program benefits to eligible or potentially eligible participants that is consistent with the following statutes and the regulations adopted under them:

E. require the local agency to obtain written consent from the commissioner to implement a change to the application submitted under part 4617.0010;

F. provide assurances that no conflict of interest exists between the local agency and a vendor or the local agency and the commissioner;

G. specify beginning and ending dates of the agreement; and

H. contain a statement that the local agency agrees to develop a nutrition education plan which:

Subp. 2.

[Repealed, 29 SR 1202]

Subp. 3.

[Repealed, 29 SR 1202]

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 14 SR 164; 19 SR 2089; 29 SR 1202

Minn. R. 4617.0064 [Repealed, 22 SR 266]

[Repealed, 22 SR 266]

Minn. R. 4617.0065 MR 1995 [Renumbered 4617.0067]

MR 1995 [Renumbered 4617.0067]

History

Statutory Authority: MS s 144.11; 145.894
History: 22 SR 266; 25 SR 555; 29 SR 1202; L 2019 1Sp9 art 1 s 42

Minn. R. 4617.0066 Change of Vendor Ownership, Name, or Business Site

Subpart 1. Notice of change of vendor ownership, name, or business site.

A vendor must submit to the commissioner a written notice of a change of vendor ownership, a change of vendor location, a change of name, or a cessation of operations. This notice must be received by the commissioner prior to the effective date of the change.

Subp. 2. Effect of changes.

If there is a change of vendor ownership, a change of vendor location, or a cessation of operations:

A. the commissioner shall terminate the vendor agreement with respect to that vendor;

B. the termination of the vendor agreement is effective on the later of:

C. the vendor stamp for that vendor must be returned to the commissioner within five days after the effective date of the termination of the vendor agreement; and

D. if the vendor agreement in effect before the change includes one or more other vendors that have not changed ownership or location and have not ceased operations, a duly authorized agent of each of the other vendors shall execute, by the effective date of the change, an amended vendor agreement that does not include any vendor that changed ownership or location or ceased operations.

Subp. 3. Immediate vendor agreement.

If there is a change of vendor ownership or location, the retail food store or pharmacy may apply for an immediate vendor agreement under this subpart.

A. The application for an immediate agreement must include, at a minimum, the materials specified in part 4617.0065, subpart 2.

B. A retail food store or pharmacy may not submit more than one application for an immediate vendor agreement each calendar year. The commissioner shall return any additional applications to the applicant without approval or disapproval.

C. The commissioner shall approve the application for an immediate vendor agreement if:

D. If a retail food store or pharmacy that is applying for an immediate vendor agreement does not meet all the requirements in item C, the commissioner shall review the application according to part 4617.0065, subparts 5, 7, and 9. If the commissioner approves the application under part 4617.0065, then part 4617.0065, subpart 8, shall apply.

E. If the commissioner approves an application for an immediate vendor agreement, then with respect to the immediate vendor agreement, the applicant shall comply with part 4617.0065, subpart 7, and the commissioner and the applicant shall comply with part 4617.0065, subpart 8. The immediate vendor agreement shall expire on the same expiration date stated on the voided vendor agreement. The immediate vendor agreement shall be effective no sooner than the effective date of the change of ownership.

F. Notwithstanding item C, the commissioner shall disapprove an application for an immediate vendor agreement if:

History

Statutory Authority: MS s 144.11; 145.894
History: 22 SR 266; 25 SR 555; 29 SR 1202

Minn. R. 4617.0067 Vendor Eligibility Requirements

Subpart 1. Applicability to vendor applicants.

A pharmacy vendor applicant shall at all times comply with the requirements in subparts 2, item C; 4; and 6. A retail food vendor applicant shall at all times comply with the requirements in subparts 2, item A, and 3 to 6, and shall comply with the requirements in subpart 2, item B, no later than the date the applicant signs any vendor agreement.

Subp. 2. Location, licensing, and registration requirements.

A. A retail food vendor must be a retail food store located in Minnesota, unless:

B. A retail food vendor must:

C. A pharmacy vendor must be a pharmacy located in Minnesota which is registered by the Minnesota Board of Pharmacy according to Minnesota Statutes, chapter 151.

Subp. 3. Minimum in-stock food requirements for retail food vendors.

A. A retail food vendor located in a Tier 2 county shall at all times have in stock and available for purchase, at a minimum:

B. A retail food vendor located in a Tier 1 county shall at all times have in stock and available for purchase, at a minimum:

C. In determining the amounts and varieties of foods in stock and available for purchase, a retail food vendor may not include any expired or damaged foods or any food that originated from the Commodity Supplemental Food Program.

D. If the vendor has been a vendor for more than six months and, during the most recent six months for which data are available, has not redeemed any voucher for the infant formula specified in item A, subitem (1), or B, subitem (1), the vendor does not need to maintain in stock and available for purchase any of that type of infant formula.

E. If a WIC customer requests one of the following products, the vendor must ensure that a sufficient quantity of the product is in stock and available for purchase at the vendor's location within one week of the WIC customer's request:

Subp. 4. Additional requirements.

A vendor shall comply with the following requirements.

A. A vendor must operate at one business site, located at a fixed and permanent location.

B. One or more of the controlling persons of the vendor must own or lease the real estate on which the vendor is located.

C. Employees who accept vouchers and cash-value vouchers for the vendor must be able to demonstrate their ability to process vouchers and cash-value vouchers according to this chapter.

D. A vendor must ensure that the price charged for each WIC-allowed food stocked by the vendor is displayed for easy viewing or marked on the food. If the vendor charges WIC customers less than the vendor's usual and customary charge, the WIC customer price must be displayed for easy viewing or marked on the food.

E. A vendor must ensure that no controlling person of the vendor and no spouse, child, or parent of any controlling person of the vendor:

F. At each check-out lane, a vendor must use a cash register that generates receipts including the date, the total price, and the price of each item received by the customer.

G. The vendor must be open for business at least 40 hours each week and must be open during the business hours that the vendor has reported to the WIC program.

Subp. 5. Vendor prices.

With the exception of the authorized foods in subpart 3, items A, subitem (9), and B, subitem (9), a retail food vendor's price for each of the authorized foods in subpart 3 must not be more than 115 percent of the average price charged by retail food vendors. The commissioner shall determine the average price charged by retail food vendors based on the most recent price information available to the commissioner on prices charged by retail food vendors and according to Code of Federal Regulations, title 7, part 246, and approved by USDA in the annual state plan submitted by the commissioner. A change in the manufacturer's price of an authorized food in subpart 3 is grounds for the commissioner to change the commissioner's calculation of the average price charged by retail food vendors. If the commissioner determines that there is a religious need for a vendor to charge a specific price greater than 115 percent of the average price charged by retail food vendors, the vendor may charge that specific price.

Subp. 6. Special requirements for vendor applicants.

A. Within one year immediately preceding the date the commissioner received the vendor application, and at any time on or after the date the commissioner received the application, a vendor applicant must not have accepted a WIC voucher or cash-value voucher when the vendor applicant did not have a fully executed vendor agreement, unless the voucher or cash-value voucher was never paid by the WIC program's bank.

B. An applicant must not be disqualified from any WIC program or food assistance program at any time between the commissioner's receipt of the vendor application and the commissioner's execution of a vendor agreement with the vendor applicant. If a vendor applicant is subjected to a civil money penalty by a WIC program or food assistance program, and:

C. This item applies only to vendor applicants that are not vendors on the date the commissioner receives the application.

D. The vendor applicant must not have as a controlling person someone who was, at the time of the WIC disqualification or civil money penalty, a controlling person of another retail food store or pharmacy at any location in the United States that was disqualified from the WIC program for six years or more or that received a civil money penalty in lieu of disqualification from the WIC program for six years or more.

E. The vendor applicant must not have as a controlling person someone who was, at the time of the SNAP disqualification or civil money penalty, a controlling person of another retail food store or pharmacy at any location in the United States that:

F. The vendor applicant must have paid all money, including interest, owed to the commissioner under part 4617.0090, subpart 4.

G. The previous owner or owners of the retail food store or pharmacy must not have transferred it to the owner or owners of the vendor applicant in an attempt to circumvent a WIC sanction.

H. This item applies only to vendor applicants that are vendors on the date the commissioner receives the application. During each 12-month period of the current vendor agreement, the dollar amount of the vendor applicant's WIC sales must have been 50 percent or less of the vendor applicant's total food sales.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 13 SR 1190; 14 SR 164; 22 SR 266; 25 SR 555; 29 SR 1202; 34 SR 790

Minn. R. 4617.0068 Operating Requirements

Subpart 1. Acceptance and pricing of vouchers and cash-value vouchers.

A. A pharmacy vendor shall not accept WIC cash-value vouchers or vouchers for any foods other than special infant formula, unless the pharmacy vendor is also a retail food vendor.

B. For each voucher or cash-value voucher accepted by a vendor, the vendor shall ensure that:

Subp. 2. Deposit of vouchers and cash-value vouchers.

A vendor shall deposit each voucher and cash-value voucher in the vendor's bank within 60 days of the first-day-to-use date on the voucher or cash-value voucher, except as provided in part 4617.0084, subpart 18, item C. The vendor may only deposit into the vendor's account vouchers and cash-value vouchers which were accepted at a check-out lane at the vendor's business site. The vendor may not transfer any vouchers or cash-value vouchers accepted by the vendor to anyone else for deposit in an account other than the vendor's account.

Subp. 3. Access to vouchers and cash-value vouchers.

A vendor shall allow representatives of the Minnesota Department of Health and representatives of the United States Department of Agriculture access to vouchers and cash-value vouchers that are present at the vendor's business site on the day of an on-site monitoring visit and access to any cash register or other area of the vendor's premises where vouchers or cash-value vouchers may be located.

Subp. 4. Three-year documentation of purchases.

A. For a minimum of three years, a vendor shall maintain, in chronological order:

B. All documentation required by this subpart shall specify the quantity, size, brand, and product name of each WIC-allowed food purchased by the vendor, the date of purchase, the name and address of the entity from which the purchase was made, and the date of delivery to the vendor.

C. Within 15 business days of a request by the commissioner, a vendor shall provide to the commissioner:

Subp. 4a. Three-month documentation of purchases.

During normal business hours, the vendor must have available for immediate review by WIC program representatives, at the Minnesota location indicated on the vendor application, the store's original documentation, including receipts and invoices, reflecting all purchases of WIC-allowed food items by the store during the most recent three months before a request by a WIC program representative to review the documentation.

Subp. 5. Documentation of real estate ownership.

A vendor shall maintain documentation showing that one or more controlling persons of the vendor own or lease the real estate where the vendor's business site is located. A vendor shall provide this documentation to the commissioner within 30 days from the date of a request by the commissioner.

Subp. 6. Notification requirements.

In addition to the notification required by part 4617.0066, subpart 1, a vendor must notify the commissioner of any change in controlling persons. A vendor must also notify the commissioner of any business-related violation of any cashier or controlling person of the vendor.

Subp. 7. Annual training requirements.

A vendor shall ensure that:

A. a representative of the vendor completes WIC-approved training on the WIC program at least once every calendar year; and

B. the representative who completes this training conveys all information presented during the training to all cashiers of the vendor.

Subp. 8.

[Repealed, 25 SR 555]

Subp. 9. Shelf price surveys.

Within one month of a request by the commissioner, a vendor shall provide the commissioner with accurate and complete shelf price survey information in the format requested.

Subp. 10. Shelf labels.

If the commissioner requests it due to a violation of this chapter, a vendor shall display in proximity to each WIC-allowed food a current shelf label provided or approved by the commissioner which indicates that the food item is a WIC-allowed food.

Subp. 11. Receipts.

When a vendor accepts a WIC voucher or cash-value voucher, the vendor must provide a cash register receipt to the WIC customer. The receipt must include the date, the total price, and the price of each item received by the WIC customer.

Subp. 12. Coupons.

A vendor shall accept store and manufacturer's coupons for food purchased by a WIC customer.

Subp. 13. Bank account information.

If the commissioner has provided notice under part 4617.0090, subpart 1a, and if there is a change in the vendor's bank name, bank routing number, or bank account number for the account to which the vendor deposits WIC vouchers and cash-value vouchers, the vendor shall promptly inform the commissioner in writing of the change.

Subp. 14. Purchase of infant formula.

A vendor shall only purchase infant formula from the entities on the list maintained by the commissioner under section 17(h)(8)(A)(ix) of the Child Nutrition Act of 1966, codified at United States Code, title 42, section 1786(h)(8)(A)(ix), as amended.

Subp. 15. Volume of WIC sales.

A vendor's annual revenue from WIC sales may not be greater than 50 percent of the vendor's annual revenue from the sale of all food items.

History

Statutory Authority: MS s 144.11; 145.894
History: 22 SR 266; 25 SR 555; 29 SR 1202; 34 SR 790

Minn. R. 4617.0069 [Repealed, 25 SR 555]

[Repealed, 25 SR 555]

Minn. R. 4617.0070 Vendor Stamps

Subpart 1. Issuance.

After a vendor agreement has been executed by the commissioner, the commissioner shall issue a vendor stamp to each vendor included in the agreement that does not already have a valid vendor stamp. The number on each stamp must be issued to only one vendor. A vendor shall not possess more than one vendor stamp, shall not use a vendor stamp issued to another vendor, shall not duplicate a vendor stamp, and shall not use or allow the use of the vendor stamp on any voucher or cash-value voucher other than a voucher or cash-value voucher accepted at a check-out lane at the vendor's business site. The commissioner shall issue only one vendor stamp to each vendor, even if the vendor is authorized as both a retail food vendor and a pharmacy vendor.

Subp. 1a. Returning vendor stamp.

If a vendor is disqualified or terminated under part 4617.0084, the vendor must return the vendor stamp to the commissioner no later than five days after the effective date of the disqualification or termination. In addition, the vendor must return the vendor stamp to the commissioner within five days after the earlier of: (i) the date that the vendor permanently closes the business; (ii) a change of ownership of the vendor; or (iii) the expiration of the vendor's current vendor agreement if the vendor's application is disapproved or if the vendor agreement ends and no subsequent agreement for that vendor is executed.

Subp. 2. Replacement vendor stamp.

A vendor shall orally or in writing notify the commissioner of a lost, stolen, or damaged vendor stamp. If a vendor wants a stamp to replace a lost, stolen, or damaged stamp, the vendor shall request one from the commissioner orally or in writing. The commissioner shall issue one replacement vendor stamp to a vendor at no cost to the vendor. A vendor shall pay $10 for each additional replacement vendor stamp.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 13 SR 1190; 22 SR 266; 25 SR 555; 29 SR 1202; 34 SR 790

Minn. R. 4617.0075 Vendor Agreements

A duly authorized agent of a retail food store or pharmacy which has been approved to be a vendor shall sign and date a vendor agreement. A separate vendor agreement must be signed for each vendor, except that all vendors with identical ownership may elect to be included in one vendor agreement. A vendor agreement must contain:

A. the names and addresses of all vendors included in the vendor agreement;

B. the method by which the agreement must be terminated;

C. terms that are consistent with this chapter and Code of Federal Regulations, title 7, section 246.12, paragraph (h), as amended;

D. a statement that disqualification from the WIC program may result in disqualification as a retailer in the Supplemental Nutrition Assistance Program (SNAP) and that such disqualification may not be subject to administrative or judicial review under SNAP; and

E. an ending date that is not more than three years beyond the beginning date.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 13 SR 1190; 14 SR 164; 22 SR 266; 25 SR 555; L 2003 1Sp14 art 1 s 106; 29 SR 1202; L 2019 1Sp9 art 1 s 42

Minn. R. 4617.0080 Monitoring Vendors

The commissioner shall monitor vendors according to the Code of Federal Regulations, title 7, section 246.12, paragraph (j), as amended.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 13 SR 1190; 14 SR 164; 22 SR 266; 29 SR 1202

Minn. R. 4617.0084 Vendor Sanctions

Subpart 1. Notice of violation.

If a violation described in subpart 7, 8, 9, 12, 13, 13a, or 19 does not result in disqualification or a civil money penalty, the commissioner shall mail or deliver to the vendor a notice of violation.

Subp. 2. Permanent disqualification.

The commissioner shall permanently disqualify a vendor if any controlling person of the vendor is criminally convicted of either:

A. buying or selling one or more vouchers or cash-value vouchers for cash; or

B. selling any firearms, ammunition, explosives, or controlled substances, as defined under the federal Controlled Substances Act, United States Code, title 21, section 802, clause (6), as amended, for one or more vouchers or cash-value vouchers.

Subp. 3. Six-year disqualification.

Except as provided in subparts 15 and 16, the commissioner shall disqualify a vendor for six years if the vendor:

A. buys or sells one or more vouchers or cash-value vouchers for cash; or

B. sells any firearms, ammunition, explosives, or controlled substances, as defined under the federal Controlled Substances Act, United States Code, title 21, section 802, clause (6), as amended, for one or more vouchers or cash-value vouchers.

Subp. 4. Providing alcohol or tobacco.

Except as provided in subparts 15 and 16, the commissioner shall disqualify a vendor for three years if the vendor provides any alcohol, alcoholic beverage, or tobacco product in exchange for one or more vouchers or cash-value vouchers.

Subp. 5. Redeeming vouchers or cash-value vouchers in excess of inventory.

Except as provided in subparts 15 and 16, the commissioner shall disqualify a vendor for three years if, on two occasions within any two-year period, the vendor claims reimbursement for the sale of an amount of a specific supplemental food item during a specified period of time and the amount claimed exceeds the store's documented inventory of that supplemental food item by at least 15 units for that period of time. The two occasions may be established during a single review of inventory records and may involve two different food items during the same period of time, two different food items during two different periods of time, or one food item during two different periods of time.

Subp. 6. Laundering vouchers or cash-value vouchers.

Except as provided in subparts 15 and 16, the commissioner shall disqualify a vendor for three years if, on two occasions within any two-year period, the vendor launders one or more vouchers or cash-value vouchers.

Subp. 7. Providing credit or nonfood item.

A. Except as provided in subparts 15, 16, and 19, the commissioner shall disqualify a vendor for three years if, twice within any two-year period, the vendor provides credit, other than a rain check, or provides a nonfood item, other than any alcohol, alcoholic beverage, tobacco product, cash, firearms, ammunition, explosives, or controlled substances, as defined under the federal Controlled Substances Act, United States Code, title 21, section 802, clause (6), as amended, in exchange for a voucher or cash-value voucher.

B. Except as provided in subparts 15, 16, and 19, the commissioner shall disqualify a vendor for three years if, four times within any two-year period, the vendor provides a rain check in exchange for a voucher or cash-value voucher.

Subp. 8. Overcharging and charging for food not received.

A. This subpart applies to violations under subitems (1) and (2). The violation described in subitem (1) is distinct from the violation described in subitem (2) and is accumulated separately to determine the number of violations:

B. Except as provided in subparts 15, 16, and 19, the commissioner shall disqualify a vendor for three years if the vendor commits a violation under item A twice within any two-year period and if:

C. Except as provided in item B and subparts 15, 16, and 19, the commissioner shall disqualify the vendor for three years if the vendor commits a violation under item A three times within any two-year period and if, for each violation, the price the WIC program paid the vendor for the voucher or cash-value voucher was $2 or more greater than the correct price for the voucher or cash-value voucher.

D. Except as provided in items B and C and subparts 15, 16, and 19, the commissioner shall disqualify the vendor for three years if the vendor commits a violation under item A four times within any two-year period.

Subp. 9. Providing unauthorized food.

A. A vendor shall not provide unauthorized food.

B. Except as provided in subparts 15, 16, and 19, the commissioner shall disqualify a vendor for one year if the vendor violates item A twice within any two-year period and each violation involved providing unauthorized food in exchange for any of the infant formula listed on the voucher, other than substituting another infant formula with the same level of iron fortification.

C. Except as provided in item B and subparts 15, 16, and 19, the commissioner shall disqualify a vendor for one year if the vendor violates item A four times within any two-year period.

Subp. 10. SNAP sanctions.

A. If a vendor is disqualified from SNAP, the commissioner shall disqualify the vendor from the WIC program for an equal amount of time, except as provided in subpart 15.

B. If SNAP assesses a vendor a civil money penalty for hardship instead of disqualifying the vendor from SNAP, the commissioner shall disqualify the vendor from the WIC program for the amount of time the vendor would have been disqualified from SNAP absent the hardship determination, except as provided in subpart 15.

Subp. 11. One-year disqualification for one violation.

A. The commissioner shall disqualify a vendor for one year if, during any 12-month period within the last three years, the dollar amount of the vendor's WIC sales was greater than 50 percent of the vendor's total food sales.

B. Except as provided in subpart 15, the commissioner shall disqualify a vendor for one year if:

Subp. 12. One-year disqualification for two violations.

A. This subpart applies to the violations described in subitems (1) to (5). Violations described in each subitem are accumulated separately to determine the number of violations:

B. Except as provided in subpart 15, the commissioner shall disqualify the vendor for one year if the vendor commits a violation under item A twice within any two-year period.

Subp. 13. Six-month disqualification for two violations.

A. This subpart applies to the violations described in subitems (1) to (5). Violations described in each subitem are accumulated separately to determine the number of violations:

B. Except as provided in subpart 15, the commissioner shall disqualify the vendor for six months if the vendor commits a violation under item A twice within any two-year period.

Subp. 13a. Three-month disqualification for three violations.

A. This subpart applies to the violations described in subitems (1) to (4). Violations described in each subitem are accumulated separately to determine the number of violations:

B. Except as provided in subpart 15, the commissioner shall disqualify the vendor for three months if the vendor commits a violation under item A three times within any two-year period.

Subp. 14.

[Repealed, 29 SR 1202]

Subp. 14a. Written warnings; termination.

A. The commissioner shall terminate a vendor agreement if:

B. If a vendor commits a violation under subitems (1) to (11), the commissioner shall issue a written warning to the vendor. The vendor must correct the violation within 15 days after the vendor receives the warning. If the vendor fails to correct the violation or commits the same violation at any time more than 15 days but less than six months after receiving the written warning, the commissioner shall terminate the vendor agreement. The commissioner shall issue a written warning if the vendor:

Subp. 15. Inadequate participant access; corrective action plan.

A. Before disqualifying a vendor under any subpart except subpart 2 or 11, item A, the commissioner shall determine whether disqualification of the vendor would result in inadequate participant access, unless under subpart 16, item C, the vendor is not eligible for a civil money penalty instead of disqualification.

B. Disqualification of a vendor located in a Tier 1 county would result in inadequate participant access if the vendor is the only vendor in a clinic town or if:

C. Disqualification of a vendor located in a Tier 2 county would result in inadequate participant access if the vendor is the only vendor in a clinic town or if:

D. If the commissioner determines under this part that disqualification of the vendor would result in inadequate participant access, then instead of disqualifying the vendor, the commissioner shall, except as provided in item F and in subpart 16, item C, impose on the vendor one or more civil money penalties.

E. A civil money penalty assessed under this part must be paid in full no later than 30 days after the date of the notice of assessment. If the vendor does not pay, only partially pays, or fails to timely pay a civil money penalty assessed under this part, the commissioner shall disqualify the vendor for the length of time that the vendor would have been disqualified if there had been no determination of inadequate participant access.

F. If disqualification of a vendor under subpart 10, item B, would result in inadequate participant access, then the commissioner shall not disqualify the vendor under subpart 10, item B, or impose a civil money penalty in lieu of disqualification under subpart 10, item B.

G. If the commissioner imposes a civil money penalty on a vendor, the commissioner shall also require the vendor to create and implement a corrective action plan to prevent future violations. The corrective action plan must be in writing. The vendor must provide the corrective action plan to the commissioner no later than 30 days after the date of the notice of assessment.

Subp. 16. Second and subsequent sanctions.

A. For the purpose of this subpart, "federally mandated sanction" means any disqualification or civil money penalty assessed based on this subpart or the violations described in subparts 3 to 9 and 19.

B. If a vendor that has on one occasion received a federally mandated sanction subsequently engages in conduct warranting a second federally mandated sanction, the second federally mandated sanction shall be doubled, except that:

C. If a vendor that has on two or more occasions received a federally mandated sanction subsequently engages in conduct warranting a third or subsequent federally mandated sanction:

Subp. 17. Multiple violations.

A. If, during a single investigation, a vendor commits multiple violations that warrant disqualification, then:

B. For the purpose of this subpart, a violation warranting disqualification that is described in subparts 2 to 9; 10, item A; or 19 shall be considered more serious than any violation warranting disqualification that is described in subpart 10, item B, or in subparts 11 to 14a.

Subp. 18. General provisions.

A. Except for a violation of subpart 2, a vendor commits a violation of this part if any controlling person, employee, or agent of the vendor committed the described conduct.

B. The commissioner shall notify a vendor in writing of the vendor's disqualification and of the vendor's termination. The written notice shall include all information required by federal regulations. If a disqualification is based on subpart 2, the disqualification shall be effective on the date the vendor receives the written notice of disqualification. If a disqualification is based on any subpart other than subpart 2, the disqualification shall be effective 30 days after the date the written notice of disqualification is mailed. If a termination is based on subpart 14a, item A, subitem (1), the termination shall be effective on the same date that the disqualification is effective. If a termination is based on subpart 14a, item B, the termination shall be effective 30 days after the date the written notice of termination is mailed.

C. A retail food store or pharmacy that has been disqualified or terminated must deposit each voucher and cash-value voucher in the store's or pharmacy's bank account by the earlier of:

D. After expiration of the disqualification period, a disqualified vendor may apply for WIC vendor authorization. A retail food store or pharmacy that has been terminated but not disqualified as a WIC vendor may apply for WIC vendor authorization no sooner than two months after the effective date of the termination, except that a retail food vendor terminated under part 4617.0066, subpart 2, may apply for an immediate vendor agreement under part 4617.0066, subpart 3.

E. A vendor may not terminate the vendor's WIC vendor agreement or otherwise withdraw from the WIC program instead of disqualification. The expiration or termination of the vendor agreement shall not affect the commissioner's duty to disqualify the vendor and shall not affect the vendor's right to appeal the disqualification under part 4617.0100.

F. If a violation involves a vendor's acceptance of a voucher or cash-value voucher, the violation occurs on the date the vendor accepts the voucher or cash-value voucher.

G. If a vendor provides food in exchange for a voucher or cash-value voucher under circumstances where the vendor informs the WIC customer that the customer may return the food for cash or a nonfood item and if the WIC customer subsequently does return the food for cash or a nonfood item, the vendor shall be sanctioned in the same way as if the vendor had provided the cash or nonfood item directly to the WIC customer in exchange for the voucher or cash-value voucher.

Subp. 19. Previous history of disqualification.

Notwithstanding subparts 7 to 9, if a vendor was previously disqualified under this subpart or subparts 3 to 10, and if any controlling person of the vendor was a controlling person at the time of the previous disqualification, except as provided in subparts 15 and 16, the commissioner shall disqualify the vendor for:

A. three years if, twice within any two-year period, the vendor, in exchange for a WIC voucher or cash-value voucher, provides credit other than a rain check or provides a nonfood item other than any alcohol, alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives, or controlled substances, as defined under the federal Controlled Substances Act, United States Code, title 21, section 802, clause (6), as amended;

B. three years if the vendor commits a vendor overcharge twice within any two-year period;

C. three years if, twice within any two-year period, the vendor charges the WIC program for WIC-allowed food not received by a WIC customer; and

D. one year if the vendor provides unauthorized food twice within any two-year period.

History

Statutory Authority: MS s 144.11; 145.894
History: 25 SR 555; L 2003 1Sp14 art 1 s 106; 29 SR 1202; 34 SR 790; L 2019 1Sp9 art 1 s 42

Minn. R. 4617.0085 [Repealed, 22 SR 266]

[Repealed, 22 SR 266]

Minn. R. 4617.0086 [Repealed, 25 SR 555]

[Repealed, 25 SR 555]

Minn. R. 4617.0087 Wic Food Centers

For the purpose of this chapter, WIC food centers are not vendors.

History

Statutory Authority: MS s 144.11; 145.894
History: 22 SR 266

Minn. R. 4617.0088 Maximum Prices of Vouchers

Subpart 1. Calculation of maximum prices.

Beginning no sooner than June 17, 2005, the commissioner shall calculate a maximum price for each computer-generated voucher. The maximum price shall not be printed on the voucher. The maximum price shall be the sum of the maximum prices of all products on the voucher. The maximum price for each food product, other than special infant formula, shall be 115 percent of the average price of the food product. The commissioner shall compute an average price for each food product listed on a voucher, other than special infant formula, based on the most recent vendor price survey information available to the commissioner. The maximum price for each special infant formula is 130 percent of the manufacturer's list price for that special infant formula.

Subp. 2. Changing maximum prices.

A change in the manufacturer's price of an applicable WIC-allowed food item shall be grounds for the commissioner to change the maximum price of a food product computed under subpart 1.

Subp. 3.

[Repealed, 29 SR 1202]

History

Statutory Authority: MS s 144.11; 145.894
History: 22 SR 266; 29 SR 1202

Minn. R. 4617.0090 Rejection of Vouchers and Cash-Value Vouchers and Reimbursement by Vendors

Subpart 1. Return without payment.

The bank which processes WIC vouchers and cash-value vouchers on behalf of the commissioner shall return a voucher or cash-value voucher to a vendor without payment if:

A. the voucher or cash-value voucher is not stamped with a vendor stamp;

B. the voucher or cash-value voucher is stamped with a vendor stamp which is illegible;

C. the voucher or cash-value voucher is not signed by a WIC customer;

D. the space provided on the voucher or cash-value voucher for the price of the food purchased is left blank by the vendor;

E. there is no first-day-to-use or last-day-to-use date on the voucher or cash-value voucher;

F. the commissioner has placed a stop-payment order on the voucher or cash-value voucher;

G. the date that the WIC customer used the voucher or cash-value voucher to obtain food is before the first-day-to-use date or after the last-day-to-use date on the voucher or cash-value voucher;

H. the vendor deposits the voucher or cash-value voucher before the first-day-to-use date on the voucher or cash-value voucher;

I. the vendor does not initially deposit the voucher or cash-value voucher in the vendor's bank by the earlier of:

J. the voucher or cash-value voucher was returned to the vendor under item A or B and the vendor does not redeposit the voucher or cash-value voucher in the vendor's bank by the earlier of:

K. the first-day-to-use date, last-day-to-use date, or food prescription on the voucher or cash-value voucher has been altered; or

L. the voucher or cash-value voucher is stamped with a vendor stamp other than a vendor stamp issued to the vendor by the commissioner under part 4617.0070.

Subp. 1a. Return with credit.

Before this subpart applies, the commissioner shall give at least two months' written notice to vendors. If the price of the food purchased with a voucher or cash-value voucher exceeds the maximum price calculated by the commissioner for that voucher or cash-value voucher under part 4617.0088, subpart 1, the bank that processes WIC vouchers and cash-value vouchers on behalf of the commissioner shall:

A. return the voucher or cash-value voucher to the vendor;

B. not pay the price listed on the voucher or cash-value voucher;

C. for a voucher, credit the vendor in an amount equal to the maximum price calculated by the commissioner under part 4617.0088, subpart 1, or for a cash-value voucher, credit the vendor in an amount equal to the maximum price listed on the cash-value voucher; and

D. notwithstanding item C, not credit the vendor in any amount if the bank is unable to credit the vendor because of the vendor's failure to comply with part 4617.0068, subpart 13, or failure to provide accurate information on the vendor's most recent vendor application.

Subp. 2. Payment of rejected vouchers and cash-value vouchers.

A. A voucher or cash-value voucher returned to a vendor under subpart 1, item A or B, may be corrected by the vendor and redeposited in the vendor's bank within 90 days of the first-day-to-use date on the voucher or cash-value voucher.

B. A voucher or cash-value voucher returned to a vendor under subpart 1, item D or E, or for a reason not authorized by this part, may be submitted by the vendor to the commissioner for payment if:

Subp. 2a. Bank fees.

The commissioner is not liable for any bank fees incurred by a vendor.

Subp. 3.

[Repealed, 29 SR 1202]

Subp. 4. Vendor liability.

A vendor shall pay to the commissioner, within 30 days of a request by the commissioner, the amount of any overcharges paid by the commissioner to the vendor, the amount paid by the commissioner to the vendor in excess of the maximum price of the voucher or cash-value voucher calculated under part 4617.0088, subpart 1, the amount erroneously paid by the commissioner to the vendor for a voucher or cash-value voucher that should have been returned to the vendor without payment according to subpart 1, all money paid by the commissioner to the vendor for food items not received by a WIC customer, all money paid by the commissioner to the vendor for products other than WIC-allowed foods, and all money paid by the commissioner to the vendor for vouchers or cash-value vouchers accepted by the vendor while there was not in effect a WIC vendor agreement for the vendor. If the vendor does not pay these amounts within 90 days of the initial request by the commissioner, then, in addition to any other sanction specified in this chapter, the vendor must pay interest to the commissioner computed in the same manner that interest on judgments is computed under Minnesota Statutes, section 549.09.

Subp. 5. Prohibited vendor conduct.

A vendor shall not seek reimbursement from any WIC customer for a voucher or cash-value voucher not paid according to this part, for any banking charges paid by the vendor as a result of the nonpayment of a voucher or cash-value voucher, or for any money paid by the vendor to the commissioner according to this part. A vendor shall not require a WIC customer to provide a signature that was not provided at the time the voucher or cash-value voucher was used to buy food from the vendor.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 13 SR 1190; 22 SR 266; 29 SR 1202; 34 SR 790

Minn. R. 4617.0095 [Repealed, 22 SR 266]

[Repealed, 22 SR 266]

Minn. R. 4617.0100 Appeals

Subpart 1. Procedures for appeals by applicants and participants.

A. An applicant or participant may appeal an action which results in a claim for repayment of the cash value of vouchers and cash-value vouchers redeemed in violation of Code of Federal Regulations, title 7, part 246, or this chapter; a finding of ineligibility; the denial of benefits; or disqualification from the program.

B. An appeal by or on behalf of an applicant or participant must be received by the commissioner not more than 60 days after notice of adverse action was mailed or given to the applicant or participant or the applicant's or participant's parent or legal guardian.

C. An appeal by an applicant or participant of an action cited in item A will be decided according to this part and procedures established by the commissioner according to Code of Federal Regulations, title 7, part 246.9, and approved by USDA in the state plan submitted by the commissioner.

Subp. 1a. Procedures for appeals by local agencies, local agency applicants, vendors, and vendor applicants.

A. A local agency, local agency applicant, vendor, or vendor applicant against whom the commissioner takes adverse action that affects participation in the WIC program may appeal the action, except that the following actions by the commissioner are not subject to appeal:

B. An appeal by a vendor, vendor applicant, local agency, or local agency applicant must be in writing and be received by the commissioner not more than 30 days after notice of adverse action was mailed. An appeal by a local agency, local agency applicant, vendor, or vendor applicant must be decided according to this part; parts 1400.5100 to 1400.8401; Minnesota Statutes, sections 14.57 to 14.62; and Code of Federal Regulations, title 7, section 246.18, as amended. Expiration of a contract or agreement with a local agency or vendor is not subject to appeal.

C. All appeals by local agencies and local agency applicants are subject to full administrative reviews under item D. Appeals by vendors and vendor applicants are subject to full administrative reviews under item D, except that appeals of the following actions by the commissioner are subject to abbreviated administrative reviews under item E:

D. Full administrative reviews shall be conducted under the contested case provisions of the Minnesota Administrative Procedure Act, Minnesota Statutes, chapter 14, and rules adopted thereunder. The commissioner shall provide an appellant not less than ten days' advance written notice of the time and place of a hearing. The appellant must be given one opportunity to request that a hearing date be rescheduled.

E. Abbreviated administrative reviews shall be conducted in writing, without a hearing, according to the following procedures in subitems (1) to (3).

Subp. 2. Judicial review.

An applicant, participant, local agency, local agency applicant, vendor, or vendor applicant aggrieved by the decision of the commissioner or other decision maker on an appeal is entitled to a judicial review of the decision under Minnesota Statutes, sections 14.63 to 14.69.

Subp. 3. Burden of proof.

A local agency applicant or vendor applicant that appeals the commissioner's denial of an application to participate has the burden of proving the facts at issue by a preponderance of the evidence. When an applicant, participant, local agency, or vendor appeals a disqualification or other sanction, the commissioner has the burden of proof.

History

Statutory Authority: MS s 144.11; 145.891 to 145.897
History: 13 SR 1190; 22 SR 266; 25 SR 555; 29 SR 1202; 34 SR 790

Minn. R. 4617.0120 [Repealed, 25 SR 555]

[Repealed, 25 SR 555]

Minn. R. 4617.0121 Transition Period

Subpart 1.

[Repealed, 29 SR 1202]

Subp. 2.

[Repealed, 34 SR 790]

Subp. 3. Effective date.

The provisions in parts 4617.0002, subparts 2a, 3c, 3d, 8, 14c, 14f, 14g, 17b, 19b, 36a, 37a, 40f, 40g, 44, 44b, 44d, 44g, and 46; 4617.0025; 4617.0067, subparts 2 to 6; 4617.0068, subparts 1 to 4, 10, 11, and 13; 4617.0070, subpart 1; 4617.0084, subparts 2 to 15, 18, and 19; 4617.0090, subparts 1, 1a, 2, 4, and 5; 4617.0100, subparts 1 to 3; and 4617.0176, subparts 1 and 2, are effective August 1, 2009.

History

Statutory Authority: MS s 144.11; 145.894
History: 25 SR 555; 29 SR 1202; 34 SR 790

Minn. R. 4617.0170 [Repealed, 19 SR 2089]

[Repealed, 19 SR 2089]

Minn. R. 4617.0171 Infant Formula Approval Process

In accordance with Code of Federal Regulations, title 7, section 246.16a, as amended, the commissioner shall solicit bids and approve for purchase using WIC vouchers one or more brands, sizes, types, and levels of iron fortification of milk-based iron fortified infant formula and soy-based iron fortified infant formula. The nutritional content, size, and packaging of each approved brand, size, type, and level of iron fortification of infant formula must be consistent with Code of Federal Regulations, title 7, section 246.10(c), as amended.

History

Statutory Authority: MS s 144.11; 145.894
History: 19 SR 2089; 22 SR 266; 29 SR 1202

B. any other food item permitted under Code of Federal Regulations, title 7, part 246, as amended, other than infant formula, if the commissioner determines that there is a nutritional need for participants to obtain such food item or that there is a need for the item or product within a specific cultural, religious, or ethnic group.

Subp. 2. Approval criteria.

At least once every three years, the commissioner shall determine using the following factors which food items within each food product in part 4617.0067, subpart 3, items A, subitems (2) to (14); B, subitems (2) to (14); and E, subitems (2) to (7), to approve for purchase using WIC vouchers and cash-value vouchers:

A. whether the food item meets all specifications in the applicable subitem of part 4617.0067, subpart 3, items A, B, and E;

B. whether the food item meets the nutritional requirements of Code of Federal Regulations, title 7, section 246.10(c), as amended;

C. whether the food item contains any nonnutritive or artificial sweetener; and

D. for foods other than those listed in part 4617.0067, subpart 3, items A, subitem (9); and B, subitem (9), the price per ounce of the food item compared to other brands, sizes, and varieties of the food product.

Subp. 3.

[Repealed, 34 SR 790]

Subp. 4. Notice of approval.

The commissioner shall provide notice to each vendor and local agency of the food items approved under this part.

Subp. 5. Revocation of approval.

The commissioner shall, at any time, revoke approval of a food item if:

A. it no longer meets the nutritional requirements in Code of Federal Regulations, title 7, section 246.10(c), as amended; or

B. it no longer meets all applicable specifications in part 4617.0067, subpart 3. If the commissioner revokes approval of a food item, the commissioner shall provide notice to each vendor and local agency of the revocation.

History

Statutory Authority: MS s 144.11; 145.894
History: 22 SR 266; 25 SR 555; 29 SR 1202; 34 SR 790

Minn. R. 4617.0180 [Repealed, 19 SR 2089]

[Repealed, 19 SR 2089]

Chapter 4620 CLEAN INDOOR AIR

Minn. R. 4620.0050 Scope and Purpose

Parts 4620.0050 to 4620.1450 must be read in conjunction with the Minnesota Clean Indoor Air Act, Minnesota Statutes, sections 144.411 to 144.417.

Nothing in parts 4620.0050 to 4620.1450 shall be construed to affect smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations or to affect the right of building owners or operators to designate their premises as smoke-free.

History

Statutory Authority: MS s 144.411 to 144.417
History: 19 SR 1128; 27 SR 407

Minn. R. 4620.0100 Definitions

Subpart 1. Scope.

For the purpose of parts 4620.0050 to 4620.1450, the terms in this part have the meanings given them.

Subp. 2.

[Repealed, 33 SR 1771]

Subp. 3.

[Repealed, 19 SR 1128]

Subp. 4.

[Repealed, 33 SR 1771]

Subp. 4a.

[Repealed, 33 SR 1771]

Subp. 5.

[Repealed, 33 SR 1771]

Subp. 6.

[Repealed, 19 SR 1128]

Subp. 7.

[Repealed, 19 SR 1128]

Subp. 8.

[Repealed, 33 SR 1771]

Subp. 9.

[Repealed, 33 SR 1771]

Subp. 10.

[Repealed, 33 SR 1771]

Subp. 11. Place of employment.

"Place of employment" has the meaning given in Minnesota Statutes, section 144.413.

Subp. 11a.

[Repealed, 33 SR 1771]

Subp. 12.

[Repealed, 33 SR 1771]

Subp. 13. Proprietor.

"Proprietor" means the party, regardless of whether the party is owner or lessee of the public place, who ultimately controls, governs, or directs the activities within the public place. The term does not mean the owner of the property unless the owner ultimately controls, governs, or directs the activities within the public place. The term "proprietor" may apply to a corporation as well as an individual.

Subp. 14. Public conveyance.

"Public conveyance" means any air, land, or water vehicle used for the transportation of persons whether or not for compensation, including but not limited to airplanes, trains, buses, boats, and taxis. The term includes vans and trucks which may be used to transport persons to, from, and during work or jury duty and those which serve as a place of work, for example, locomotives, police vehicles, or fire vehicles. The term does not include privately owned vehicles when used for private purposes.

Subp. 14a. Public meeting.

"Public meeting" has the meaning given in Minnesota Statutes, section 144.413.

Subp. 14b. Public place.

"Public place" has the meaning given in Minnesota Statutes, section 144.413.

Subp. 15.

[Repealed, 33 SR 1771]

Subp. 16.

[Repealed, 33 SR 1771]

Subp. 16a.

[Repealed, 33 SR 1771]

Subp. 17. Room.

"Room" means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit.

History

Statutory Authority: MS s 14.388; 31.101; 31.11; 144.05; 144.08; 144.12; 144.411 to 144.417; 157.011
History: 17 SR 1279; 19 SR 1128; 23 SR 519; 27 SR 407; 33 SR 1771

Minn. R. 4620.0200 [Repealed, 19 SR 1128]

[Repealed, 19 SR 1128]

Minn. R. 4620.0300 [Repealed, 33 SR 1771]

[Repealed, 33 SR 1771]

Minn. R. 4620.0400 [Repealed, 33 SR 1771]

[Repealed, 33 SR 1771]

Minn. R. 4620.0500 Signs

Subpart 1.

[Repealed, 33 SR 1771]

Subp. 2. Statement on signs.

All signs used to identify a location where the responsible person prohibits smoking in an entire public place, place of employment, or public meeting must use the statement, "No smoking is permitted in this entire establishment" or a similar statement. If smoking is permitted anywhere within a public place, place of employment, or at a public meeting, the sign must state, "Smoking is prohibited except in designated areas." All signs used to identify a smoking-permitted area must use the words "smoking permitted" or the international smoking symbol, or both. Signs that are used to identify a nonsmoking area must use the words "no smoking" or the international no-smoking symbol, or both.

Subp. 3. Placement of sign.

Signs must be conspicuously posted on or immediately inside of all outside entrances to the public place, place of employment, or public meeting. All signs used to identify smoking-permitted and nonsmoking areas must be placed at a height and location easily seen by a person in the establishment and must not be obscured in any way.

The boundary between an acceptable nonsmoking area and a smoking-permitted area must be clearly designated so a person can differentiate between the two areas.

Subp. 4. Size of lettering.

Signs used to designate acceptable nonsmoking and smoking-permitted areas must use printed letters of not less than 0.5 inches (1.3 centimeters) in height. Whenever either of the international symbols is used, the diameter of the outer circle must not be less than three inches.

Subp. 5.

[Repealed, 33 SR 1771]

Subp. 6.

[Repealed, 33 SR 1771]

History

Statutory Authority: MS s 14.388; 144.411 to 144.417
History: 17 SR 1279; 19 SR 1128; 27 SR 407; 33 SR 1771

Minn. R. 4620.0600 [Repealed, 33 SR 1771]

[Repealed, 33 SR 1771]

Minn. R. 4620.0700 [Repealed, 27 SR 407]

[Repealed, 27 SR 407]

Minn. R. 4620.0750 [Repealed, 33 SR 1771]

[Repealed, 33 SR 1771]

Minn. R. 4620.0800 [Repealed, 19 SR 1128]

[Repealed, 19 SR 1128]

Minn. R. 4620.0900 [Repealed, 19 SR 1128]

[Repealed, 19 SR 1128]

Minn. R. 4620.0950 MR 2001 [Expired]

MR 2001 [Expired]

Minn. R. 4620.0955 Offices, Factories, Warehouses, or Similar Places of Work

Subpart 1.

[Repealed, 33 SR 1771]

Subp. 2. Smoking-permitted area requirements.

A. A smoking-permitted area in an office or a factory, warehouse, or similar place of work must be designed and operated according to items B to E. Documentation of items B to E must be made available to the commissioner upon request.

B. The area must be maintained at a negative pressure with respect to adjacent or connected nonsmoking areas, as verified by a professional engineer licensed in the state or an individual certified by the National Environmental Balancing Bureau or the American Air Balance Council. The commissioner shall accept documentation of a negative pressure relationship that has been verified within the previous 12 months, provided changes affecting the operation of the ventilation system have not been made.

C. Air from a smoking-permitted area must not be recirculated into a nonsmoking area.

D. Air from the smoking-permitted area must be exhausted directly to the outdoors.

E. The area must be equipped with one of the following:

Subp. 3. Effective date.

This part is effective September 23, 2003.

History

Statutory Authority: MS s 144.417
History: 27 SR 407; 33 SR 1771

Minn. R. 4620.1440 Compliance

The proprietor must comply with parts 4620.0050 to 4620.1450.

History

Statutory Authority: MS s 14.388; 144.417
History: 27 SR 407; 33 SR 1771

Minn. R. 4620.1450 Variance to Clean Indoor Air Rules

The commissioner shall grant variances to parts 4620.0100 to 4620.1450 only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 14.05; 14.388; 144.417
History: 15 SR 1597; 27 SR 407; 33 SR 1771

Minn. R. 4620.1500 [Repealed, L 1995 c 165 s 17]

[Repealed, L 1995 c 165 s 17]

Minn. R. 4620.1600 [Repealed, L 1985 c 216 s 1]

[Repealed, L 1985 c 216 s 1]

Minn. R. 4620.1700 [Repealed, L 1985 c 216 s 1]

[Repealed, L 1985 c 216 s 1]

Minn. R. 4620.1800 Maximum Permissible Formaldehyde Level in Housing Units

At the time of sale of a newly constructed housing unit, the ambient indoor air of any habitable room in the unit shall not contain more than 0.4 parts of formaldehyde per million parts of air as measured according to the procedures specified in parts 4620.1900 and 4620.2000. The seller is responsible for assuring that the unit complies with this level.

The installation of urea formaldehyde foam insulation in a housing unit which is not newly constructed shall not cause the indoor level of formaldehyde in any habitable room in the unit to exceed the higher of 0.4 parts per million or the preinstallation level as measured according to the procedures specified in parts 4620.1900 to 4620.2100. The installer of urea formaldehyde foam insulation is responsible for assuring that the installation complies with this level.

The commissioner shall grant a variance to this part only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 14.05; 144.495
History: 9 SR 1576; 15 SR 1597

Minn. R. 4620.1900 [Repealed, L 1985 c 216 s 1]

[Repealed, L 1985 c 216 s 1]

Minn. R. 4620.2000 [Repealed, L 1985 c 216 s 1]

[Repealed, L 1985 c 216 s 1]

Minn. R. 4620.2100 [Repealed, L 1985 c 216 s 1]

[Repealed, L 1985 c 216 s 1]

Minn. R. 4620.3000 Applicability

Parts 4620.3000 to 4620.3724 apply to persons performing asbestos-related work.

History

Statutory Authority: MS s 144.05; 144.122; 326.70 to 326.81
History: 13 SR 568; 20 SR 2765

Minn. R. 4620.3100 Definitions

Subpart 1. Scope.

For the purpose of parts 4620.3000 to 4620.3724, the following terms have the meanings given them.

Subp. 1a. Abatement.

"Abatement" means the performance of asbestos-related work, other than air monitoring, in the quantities specified in Minnesota Statutes, section 326.71, subdivision 4. Abatement includes area preparation, containment removal, and cleanup.

Subp. 2.

[Repealed, 20 SR 2765]

Subp. 2a. Adequately wet.

"Adequately wet" means mixed or penetrated with liquid to prevent the release of particulates.

Subp. 2b. Air quality monitoring.

"Air quality monitoring" is limited to the activities associated with the set up, calibration, collection, and documentation of the air samples that determine fiber concentrations as required under parts 4620.3570 and 4620.3592 to 4620.3598.

Subp. 2c. Alternative clearance standard.

"Alternative clearance standard" means the asbestos concentration of 70 structures per square millimeter (70 s/mm2) of filter surface when the clearance air samples are analyzed by transmission electron microscopy according to part 4620.3598.

Subp. 2d. Alternative indoor air standard.

"Alternative indoor air standard" means the maximum permissible fiber concentration in the air established according to part 4620.3597.

Subp. 2e. Area preparation.

"Area preparation" means:

A. the construction of a decontamination unit under parts 4620.3569; 4720.3580, subpart 2; and 4620.3581, subpart 3;

B. the installation of a HEPA-filtered negative pressure system under part 4620.3570; and

C. the performance of any activities required by parts 4620.3580, subpart 4, items A, B, D, E, G, and H; 4620.3581, subpart 4, item A; 4620.3582, subpart 3, item A; 4620.3566; 4620.3567; and 4620.3568.

Subp. 3. Asbestos.

"Asbestos" has the meaning given in Minnesota Statutes, section 326.71, subdivision 2.

Subp. 4. Asbestos contractor.

"Asbestos contractor" means a person who conducts asbestos-related work and includes persons who perform in-house asbestos-related work using their own employees.

Subp. 5. Asbestos project plan.

"Asbestos project plan" means the written plan described in part 4620.3560.

Subp. 5a. Asbestos site supervisor.

"Asbestos site supervisor" means an individual who is certified under part 4620.3310.

Subp. 5b. Asbestos work area.

"Asbestos work area" means an area established by the person performing asbestos-related work, where airborne concentrations of asbestos exceed or can reasonably be expected to exceed 0.01 fibers per cubic centimeter (f/cc) or the alternative indoor air standard established according to parts 4620.3594 to 4620.3598.

Subp. 6. Asbestos worker.

"Asbestos worker" means any individual certified under part 4620.3300.

Subp. 7. Asbestos-containing material or ACM.

"Asbestos-containing material or ACM" has the meaning given in Minnesota Statutes, section 326.71, subdivision 3.

Subp. 7a. Asbestos inspection.

"Asbestos inspection" means an activity undertaken by visual or physical examination to determine the presence, the location, or to assess the condition of friable or nonfriable asbestos-containing material or suspected asbestos-containing material. Asbestos inspection includes reinspection of known asbestos-containing material or assumed asbestos-containing material. Asbestos inspection does not include:

A. the periodic surveillance performed under Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, section 763.92, paragraph (b), amended through February 3, 1994;

B. an inspection performed by an employee or agent of the federal, state, or local government solely for the purpose of determining compliance with applicable statutes or rules; and

C. visual inspections of the type described in parts 4620.3560 to 4620.3598 solely for the purpose of determining completion of asbestos-related work.

Subp. 7b. Asbestos inspector.

"Asbestos inspector" is an individual as defined in Minnesota Statutes, section 326.71, subdivision 4a, and who is certified under part 4620.3330.

Subp. 7c. Asbestos management plan.

"Asbestos management plan," as specified in part 4620.3470, means a site-specific written plan for:

A. the maintenance of asbestos-containing material in a condition that prevents the release of asbestos fibers; and

B. response procedures for an asbestos fiber release episode.

Subp. 7d. Asbestos management planner.

"Asbestos management planner" is an individual as defined in Minnesota Statutes, section 326.71, subdivision 4c, and who is certified under part 4620.3340.

Subp. 7e. Asbestos project design.

"Asbestos project design" as specified in part 4620.3480, means site-specific written project specifications for an asbestos-related work project. Written technical project specifications incorporated into bidding documents are also considered project design.

Subp. 7f. Asbestos project designer.

"Asbestos project designer" is an individual as defined in Minnesota Statutes, section 326.71, subdivision 4d, and who is certified under part 4620.3350.

Subp. 8. Asbestos-related work.

"Asbestos-related work" has the meaning given in Minnesota Statutes, section 326.71, subdivision 4.

Subp. 9.

[Repealed, 20 SR 2765]

Subp. 10.

[Repealed, 20 SR 2765]

Subp. 10a. Clearance standard.

"Clearance standard" means the maximum permissible fiber concentration in the air within an asbestos work area following completion of abatement. The clearance standard is 0.01 fibers per cubic centimeter of air (f/cc) when analyzed by phase contrast microscopy according to part 4620.3597, subparts 1, 3, and 4.

Subp. 11. Commissioner.

"Commissioner" means the commissioner of health.

Subp. 11a. Containment.

"Containment" means the structure which must be constructed as specified in part 4620.3568 around the asbestos work area.

Subp. 12.

[Repealed, 20 SR 2765]

Subp. 13. Contracting entity.

"Contracting entity" has the meaning given in Minnesota Statutes, section 326.71, subdivision 6.

Subp. 14. Critical barriers.

"Critical barriers" means the barriers constructed to separate and isolate the asbestos work area from the rest of the facility and the outdoors, including the barriers constructed over doors, windows, and air passageways.

Subp. 14a. Demolition.

"Demolition," with respect to a facility, means the:

A. wrecking or taking out of any load-supporting structural member of the facility together with any related handling operations; or

B. intentional burning of the facility.

Subp. 15.

[Repealed, 20 SR 2765]

Subp. 16. Emergency project.

"Emergency project" means a project which was not planned but results from a sudden, unexpected event whose consequences, if not immediately attended to, present either a safety or public health hazard or would damage the facility or facility components. This includes work required by nonroutine failures of equipment.

Subp. 17.

[Repealed, 20 SR 2765]

Subp. 18.

[Repealed, 20 SR 2765]

Subp. 19. Encapsulation.

"Encapsulation" refers to a method of asbestos abatement that is sometimes chosen as an alternative to asbestos removal, and means the treatment of asbestos containing building materials with a sealant material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers. A bridging encapsulant creates a membrane over the surface. A penetrating encapsulant penetrates the material and binds its components together.

Subp. 20. Enclosure.

"Enclosure" refers to a method of asbestos abatement that is sometimes chosen as an alternative to asbestos removal, and means construction of permanent, airtight, impermeable walls, ceilings, and floors around asbestos containing material to prevent the release of asbestos fibers into the air.

Subp. 20a. Facility.

"Facility" means any:

A. institutional, commercial, public, industrial, or residential structure, building, or installation, including any structure, building, or installation containing condominiums or individual dwelling units operated as a residential cooperative; or

B. ship at dock in Minnesota.

Subp. 20b. Facility component.

"Facility component" means any part of a facility including equipment.

Subp. 21. Friable asbestos material.

"Friable asbestos material" means any material containing more than one percent asbestos by microscopic visual estimation by area, that hand pressure can crumble, pulverize, or reduce to powder when dry. Friable asbestos material includes previously nonfriable asbestos material which becomes damaged to the extent that when dry all or a portion of the material may be crumbled, pulverized, or reduced to powder by hand pressure.

Subp. 22.

[Repealed, 20 SR 2765]

Subp. 23. Glove bag.

"Glove bag" means a bag, fitted with arms, through which limited types of asbestos-related work may be performed, as allowed in part 4620.3580.

Subp. 24. High efficiency particulate air (HEPA) filter.

"High efficiency particulate air (HEPA) filter" means a filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.

Subp. 24a. Homogeneous area.

"Homogeneous area" means an area of surfacing materials, thermal system insulation materials, flooring, or other miscellaneous materials which upon examination for properties such as age, color, and texture appear to be composed of the same material.

Subp. 24b. Indoor air standard.

"Indoor air standard" means the maximum permissible fiber concentration in the air outside of the asbestos work area during asbestos-related work. The indoor air standard is 0.01 fibers per cubic centimeter of air (f/cc) when analyzed by phase contrast microscopy according to part 4620.3597, unless an alternative indoor air standard has been established.

Subp. 25. Industrial facility.

"Industrial facility" means a facility in an industry classified in the Standard Industrial Classification Manual, 1987 edition, published by the Office of Management and Budget, within Major Groups 20 to 39, 46, and 49. This document is not subject to frequent change, is incorporated by reference, and is available at the State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

Subp. 25a. Installation.

"Installation" means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator as described in Code of Federal Regulations, title 40, chapter I, subchapter R, part 61, subpart M, section 61.141, amended through July 1, 1994.

Subp. 25b. Maintenance or maintenance activity.

"Maintenance" or "maintenance activity" means any encapsulation, enclosure, or removal of asbestos-containing material on or around a mechanical system or machinery to sustain the operating condition of the mechanical system or machinery. Maintenance or maintenance activity does not include any encapsulation to return damaged, previously encapsulated ACM to an undamaged condition or to an intact state to prevent fiber release.

Subp. 26.

[Repealed, 20 SR 2765]

Subp. 27. Occupied area immediately adjacent to an asbestos work area.

"Occupied area immediately adjacent to an asbestos work area" is a designation used during an asbestos-related work project and means an indoor space which:

A. is not considered part of the asbestos work area;

B. shares a wall, floor, or ceiling with the asbestos work area or shares a window, door, or similar opening to a room temporarily considered the asbestos work area; and

C. is occupied by individuals not involved in asbestos-related work.

Subp. 27a. Person.

"Person" has the meaning given in Minnesota Statutes, section 326.71, subdivision 8.

Subp. 27b. Project.

"Project" means:

A. the area preparation, enclosure, removal, or encapsulation operations and air quality monitoring of asbestos-containing material in a quantity that meets or exceeds 260 linear feet of friable asbestos-containing material on pipes, 160 square feet of friable asbestos-containing material on other facility components, or if linear feet or square feet cannot be measured, a total of 35 cubic feet of friable asbestos-containing material on or off all facility components in one facility. The removal, enclosure, or encapsulation described in this item may not be subdivided to fall below the quantity specified in this item. In single-family residences and residential buildings with no more than four dwelling units, asbestos-containing materials excluded from this definition are floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing material;

B. a series of activities, excluding maintenance activity, which individually consist of area preparation and the enclosure, removal, or encapsulation operations and air quality monitoring of asbestos-containing material in quantities less than the quantities specified in item A where the total quantity of asbestos-containing material enclosed, removed, or encapsulated during a calendar year meets or exceeds the quantities specified in item A in that facility;

C. a series of maintenance activities where the contracting entity has predicted that the additive quantity of maintenance during a calendar year will exceed 260 linear feet, 160 square feet, or 35 cubic feet in a facility during the calendar year; or

D. a small residential abatement.

Subp. 28. Renovation.

"Renovation" means altering in any way one or more facility components. In asbestos-related work renovation includes the enclosure, removal, or encapsulation of friable asbestos-containing material.

Subp. 29. Responsible individual.

"Responsible individual" means one who has the authority to represent the asbestos contractor in all matters related to the asbestos contractor license and is certified as a site supervisor under part 4620.3310.

Subp. 30.

[Repealed, 20 SR 2765]

Subp. 31. Small residential abatement.

"Small residential abatement" means any asbestos-related work performed in a single- or multifamily residence where the quantity of asbestos-containing material to be enclosed, removed, or encapsulated is greater than ten but less than 260 linear feet of friable asbestos-containing material on pipes or ducts or greater than six but less than 160 square feet of friable asbestos-containing material on other facility components.

A. The asbestos-related work described in this subpart may not be subdivided to fall below the quantities specified in this subpart.

B. Small residential abatement in single-family residences and residential buildings with no more than four dwelling units does not include work on floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing materials.

Subp. 32. Training course.

"Training course" means a course of instruction for an asbestos worker, asbestos site supervisor, asbestos inspector, asbestos management planner, asbestos project designer, or an individual who performs asbestos air monitoring.

Subp. 33. Tunnel.

"Tunnel" means a below-grade corridor or crawl space which is not used for:

A. a human thoroughfare; or

B. an air plenum for any ventilation system.

Subp. 34. Verifiable evidence.

"Verifiable evidence" means a signed statement verifying that the applicant has completed a training course or a refresher course. The statement may be provided in hard copy or electronic form or may be other electronic evidence such as an excerpt from a database. The statement or electronic evidence must be submitted by the provider of a training course, or by a government agency in another state charged with certifying or licensing asbestos workers if the course was taken in another state.

History

Statutory Authority: MS s 144.05; 144.122; 326.70 to 326.81
History: 13 SR 568; 20 SR 2765; 33 SR 739

Minn. R. 4620.3200 Contractor Licensure

Subpart 1.

[Repealed, 20 SR 2765]

Subp. 2. Application for license.

An applicant for an asbestos contractor license must submit to the commissioner:

A. a completed application on a form provided by the commissioner, which seeks only information the commissioner reasonably considers necessary to identify the applicant and to determine whether the applicant meets the statutory and regulatory requirements for licensure;

B. a nonrefundable application fee of $100, which is not in the form of a personal check, payable to the Minnesota Department of Health;

C. the name, address, Social Security number, and signature of the responsible individual as defined in part 4620.3100, subpart 29; and

D. the asbestos contractor's Minnesota business identification number.

Subp. 2a. Workers' compensation.

As part of the contractor license application, the applicant must provide:

A. evidence of workers' compensation insurance as required by Minnesota Statutes, section 176.182; or

B. if the applicant is not liable to pay compensation under Minnesota Statutes, chapter 176, the applicant must submit a letter to the commissioner, signed and dated, stating why the applicant is not liable.

Subp. 3. Denial of asbestos contractor license application.

The commissioner shall deny an application for an asbestos contractor license if the applicant fails to comply with the requirements of subparts 2, 2a, and 4a. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraph (a) or (b). An applicant:

A. must be notified in writing of the denial of the license application and reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos contractor application according to subpart 2, within 30 days of the receipt of notice that the asbestos contractor license application has been denied. Fees are required for all subsequent applications.

Subp. 4. Terms of licensure.

An asbestos contractor license is effective for one year unless it is revoked or suspended by the commissioner. An asbestos contractor license is not transferable.

Subp. 4a. Responsible individual.

A licensed asbestos contractor must at all times have a responsible individual who represents the asbestos contractor. If the responsible individual identified on the current asbestos contractor license no longer serves in that capacity, the contractor, within ten days of the change in the responsible individual, must provide a statement to the commissioner identifying and signed by the new responsible individual and stating the date when that individual assumed the duties of the responsible individual.

Subp. 5. Annual license renewal.

If a contractor wants to renew the asbestos contractor license, the contractor must submit a completed application under subpart 2 that is received by the commissioner by the expiration date on the existing asbestos contractor license.

Subp. 6.

[Repealed, 20 SR 2765]

Subp. 7.

[Repealed, 20 SR 2765]

Subp. 8. Procedures for obtaining duplicate license.

The commissioner shall issue a duplicate asbestos contractor license to replace a lost, destroyed, or mutilated license if the licensee submits a completed application for a duplicate license and pays a charge to the commissioner for the cost of duplicating the license.

Subp. 9. Subcontractors.

A subcontractor who performs asbestos-related work must hold a valid asbestos contractor license.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 13 SR 568; 20 SR 2765; 33 SR 739

Minn. R. 4620.3250 Use of Qualified Individuals

Subpart 1. Qualified individuals.

Qualified individuals must be used to perform asbestos-related work.

A. An asbestos contractor must employ only asbestos workers and site supervisors with current certificates issued by the commissioner to conduct asbestos-related work.

B. An asbestos contractor must ensure that a current asbestos worker certificate or asbestos site supervisor certificate for each individual engaged in asbestos-related work is readily available at the work site for review by the commissioner, except as provided in parts 4620.3300, subpart 5, item A, and 4620.3310, subpart 6, item A.

Subp. 2. Required work site personnel.

A. An asbestos contractor must ensure that a certified asbestos site supervisor is present at the work site during all times when asbestos-related work is performed.

B. If the asbestos contractor is only performing air quality monitoring, then that asbestos contractor must ensure that:

C. The asbestos worker under item B, subitem (2), must be able to immediately contact a certified site supervisor of the asbestos contractor performing the air quality monitoring.

D. If requested, the certified site supervisor must be present at the work site within two hours after being contacted.

History

Statutory Authority: MS s 326.78
History: 33 SR 739

Minn. R. 4620.3300 Certification of Asbestos Worker

Subpart 1. Certification of asbestos worker required.

An individual who performs asbestos-related work must be certified by the commissioner as an asbestos worker under this part unless that individual is certified as an asbestos site supervisor.

Subp. 2. Qualifications or experience requirements.

To be eligible for certification as an asbestos worker, an individual must have completed either:

A. two years full-time attendance, or the part-time equivalent, in an apprenticeship program for general commercial construction trades which is either approved by the Minnesota Department of Labor and Industry, Division of Voluntary Apprenticeship, or registered with the United States Department of Labor, Bureau of Apprenticeship and Training;

B. two years of postsecondary education with an emphasis in construction management, industrial hygiene, industrial technology safety, or physical or life science, and completed an Occupational Safety and Health Administration's (OSHA) 510 Occupational Safety and Health Standards for the construction industry course;

C. a vocational training program in a construction-related discipline of not less than 18 months; or

D. work experience of at least 1,000 hours of work experience in general commercial construction trades.

Subp. 3. Training requirements for initial certification.

To be eligible for initial certification as an asbestos worker:

A. an applicant must complete before the commissioner's receipt of the application, an initial asbestos worker training course that is:

B. an applicant must complete, before the commissioner's receipt of the application, an asbestos worker refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed an initial asbestos worker training course specified in item A, subitem (2) or (3).

Subp. 3a. Training diploma expiration; retraining.

The applicant for certification as an asbestos worker must complete an annual asbestos worker refresher course permitted by the commissioner under part 4620.3704 when the diploma from an initial worker training course, as specified in subpart 3, item A, has expired before the commissioner's receipt of the application.

A. The most recent asbestos worker refresher course taken must be permitted by the commissioner under part 4620.3704.

B. Any refresher courses completed subsequent to the expiration of the diploma must have been completed no more than 12 months after the expiration date of the preceding diploma.

Subp. 4. Application for initial asbestos worker certification.

An applicant for initial certification as an asbestos worker must submit to the commissioner:

B. a nonrefundable application fee of $50, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

C. verifiable evidence of the applicant's original diploma for the initial asbestos worker training course completed and, if applicable, verifiable evidence of each of the applicant's original diplomas for the asbestos worker refresher training courses completed.

Subp. 5. Renewal.

A. An individual certified as an asbestos worker must apply for renewal of the asbestos worker certification by submitting to the commissioner a completed renewal application. Until the renewal certificate is issued by the commissioner, the asbestos worker may continue to perform asbestos-related work for up to 30 calendar days from the date of completing the refresher training course, provided the asbestos worker:

B. The renewal application must include:

Subp. 6. Denial of asbestos worker certification.

The commissioner shall deny an application for asbestos worker certification if the applicant fails to comply with all applicable requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the certificate and the reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos worker certification application according to subpart 4 or 5 within 30 days of receipt of notice that the asbestos worker certification has been denied. Fees are required for all subsequent applications.

Subp. 7. Duration of certificate; transfer.

An asbestos worker certificate issued by the commissioner is valid for one year after the completion date on the training course diploma for the most recently completed training course. The asbestos worker certificate is not transferable.

Subp. 8. Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos worker certificate, the certified asbestos worker must submit a completed application for a duplicate asbestos worker certificate and pay a charge to the Minnesota Department of Health for the cost of duplicating the certificate.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 13 SR 568; 20 SR 2765; 25 SR 1894; 33 SR 739

Minn. R. 4620.3310 Certification of Asbestos Site Supervisor

Subpart 1. Certification required.

An individual who supervises asbestos-related work or has the authority to act as the agent of the asbestos contractor at the asbestos work area must be certified as an asbestos site supervisor by the commissioner.

Subp. 2. Qualifications or experience requirements.

To be eligible for certification as an asbestos site supervisor, an individual must have either:

A. work experience of at least 2,000 hours in asbestos-related work, safety, industrial hygiene, hazardous materials control, or other general commercial construction trades;

B. a bachelor's degree in architecture, engineering, physical or life science, and work experience of at least 500 hours in asbestos-related work, safety, industrial hygiene, hazardous materials control, or other general commercial construction trades;

C. a master's degree in environmental health, industrial hygiene, or safety; or

D. completion of an apprenticeship program within the general commercial construction trades that is either approved by the Minnesota Department of Labor and Industry, Division of Voluntary Apprenticeship, or registered with the United States Department of Labor, Bureau of Apprenticeship and Training.

Subp. 3. Training requirements for initial certification.

To be eligible for initial certification as an asbestos site supervisor:

A. an applicant must complete, before the commissioner's receipt of the application, an initial asbestos site supervisor training course that is:

B. an applicant must complete, before the commissioner's receipt of the application, an asbestos site supervisor refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed an initial asbestos site supervisor training course specified in item A, subitem (2) or (3).

Subp. 4. Training diploma expiration; retraining.

The applicant for certification as an asbestos site supervisor must complete an annual asbestos site supervisor refresher course permitted by the commissioner under part 4620.3704 when the diploma from an initial site supervisor training course as specified in subpart 3, item A, has expired before the commissioner's receipt of the application.

A. The most recent asbestos site supervisor refresher course completed must be permitted by the commissioner under part 4620.3704.

B. Any refresher courses completed subsequent to the expiration of the diploma must have been completed no more than 12 months after the expiration date of the preceding diploma.

Subp. 5. Initial certification application.

An applicant for initial certification as an asbestos site supervisor must submit to the commissioner:

B. a nonrefundable application fee of $50, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

C. verifiable evidence of the applicant's original diploma for the initial asbestos site supervisor training course completed and, if applicable, verifiable evidence of each of the applicant's original diplomas for the asbestos site supervisor refresher training courses.

Subp. 6. Renewal.

A. An individual certified as an asbestos site supervisor must apply for renewal of asbestos site supervisor certification by submitting to the commissioner a completed renewal application. Until the renewal certificate is issued by the commissioner, the asbestos site supervisor may continue to perform asbestos-related work for up to 30 calendar days from the date of completing the refresher course, provided the asbestos site supervisor:

B. The renewal application must include:

Subp. 7. Denial of certification.

The commissioner shall deny an application for an asbestos site supervisor if the applicant fails to comply with all applicable requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the certificate and the reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos site supervisor application within 30 days of the receipt of the notice that the asbestos site supervisor application has been denied. Fees are required for all subsequent applications.

Subp. 8. Duration of certificate; transfer.

An asbestos site supervisor certificate is valid for 12 months after the completion date on the diploma for the most recently completed training course. The asbestos site supervisor certificate is not transferable.

Subp. 9. Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos site supervisor certificate, the certified asbestos site supervisor must submit a completed application for a duplicate asbestos site supervisor certificate and pay a charge to the Minnesota Department of Health for the cost of duplicating the certificate.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894; 33 SR 739

Minn. R. 4620.3330 Certification of Asbestos Inspector

Subpart 1. Certification required.

Beginning October 1, 1996, an individual who performs an asbestos inspection, as defined in part 4620.3100, must be certified by the commissioner as an asbestos inspector.

Subp. 2. Qualifications and experience.

Beginning January 2, 1997, an individual applying for certification as an asbestos inspector must show evidence of either:

A. work experience of at least 500 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control;

B. completion of an apprenticeship program within the general commercial construction trades approved by the Minnesota Department of Labor and Industry, Division of Voluntary Apprenticeship, or registered with the United States Department of Labor, Bureau of Apprenticeship and Training;

C. licensure by Minnesota as a building official;

D. a bachelor's degree in architecture, engineering, industrial hygiene, industrial technology safety, or physical or life science, and 40 hours of on-site asbestos inspection experience accompanying a Minnesota-certified asbestos inspector; or

E. registration or certification as a registered architect, licensed professional engineer, certified industrial hygienist, or certified safety professional.

Subp. 3. Training requirements for initial certification.

To be eligible for initial certification as an asbestos inspector an applicant must complete, before the commissioner's receipt of the application:

A. an initial asbestos inspector training course that is:

B. an asbestos inspector refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed an initial asbestos inspector training course specified in item A, subitem (2) or (3).

Subp. 4. Training diploma expiration; retraining.

The applicant for certification as an asbestos inspector must complete an annual asbestos inspector refresher course permitted by the commissioner under part 4620.3704 to maintain certification eligibility when the diploma from an initial inspector training course as specified in subpart 3, item A, has expired before the commissioner's receipt of the application.

A. The most recent asbestos inspector refresher course completed must be permitted by the commissioner under part 4620.3704.

B. Any refresher courses which have been completed subsequent to the expiration of the diploma must have been completed no more than 12 months after the expiration date of the preceding diploma.

Subp. 5. Application for initial certification.

An applicant for initial certification as an asbestos inspector must submit to the commissioner:

B. a nonrefundable application fee of $100, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

C. verifiable evidence of the applicant's original diploma for the initial asbestos inspector training course, and, if applicable, verifiable evidence of each of the applicant's original diplomas from the asbestos inspector refresher training courses.

Subp. 6. Renewal.

A. An individual certified as an asbestos inspector must apply for renewal of asbestos inspector certification by submitting to the commissioner a completed renewal application. Until the renewal certificate is issued by the commissioner, the asbestos inspector may continue to perform asbestos inspections for up to 30 calendar days from the date of completing the refresher training course, provided the asbestos inspector:

B. The renewal application must include:

Subp. 7. Denial of certification.

The commissioner shall deny an application for asbestos inspector certification if the applicant fails to comply with all applicable requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the certificate and the reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos inspector application within 30 days of the receipt of the notice that the asbestos inspector application has been denied. Fees are required for all subsequent applications.

Subp. 8. Duration of certificate; transfer.

An asbestos inspector certificate is valid for 12 months after the completion date on the diploma for the most recently completed training course. The asbestos inspector certificate is not transferable.

Subp. 9. Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos inspector certificate, the certified asbestos inspector must submit a completed application for a duplicate asbestos inspector certificate and pay a charge to the Minnesota Department of Health for the cost of duplicating the certificate.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894; 33 SR 739

Minn. R. 4620.3340 Asbestos Management Planner Certification

Subpart 1. Certification required.

Beginning October 1, 1996, an individual who develops an asbestos management plan must be certified by the commissioner as an asbestos management planner.

Subp. 2. Qualifications or experience requirements.

Beginning January 2, 1997, an individual applying for certification must show evidence of either:

A. work experience of at least 1,000 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control;

B. licensure by Minnesota as a building official;

C. a bachelor's degree in architecture, engineering, physical or life science, and work experience of 500 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control;

D. registration as a registered architect, licensure as a professional engineer, or certification as a certified industrial hygienist or certified safety professional; or

E. a master's degree in environmental health, industrial hygiene or safety, and work experience of 250 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control.

Subp. 3. Training requirements for initial certification.

To be eligible for initial certification as an asbestos management planner an applicant must complete, before the commissioner's receipt of the application:

A. an initial asbestos management planner training course that is:

B. an asbestos management planner refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed the initial asbestos management planner training course specified in item A, subitem (2) or (3).

Subp. 4. Training diploma expiration; retraining.

The applicant for certification as an asbestos management planner must complete an annual asbestos management planner refresher course permitted by the commissioner under part 4620.3704 when the diploma from an initial management planner training course as specified in subpart 3, item A, has expired before the commissioner's receipt of the application.

A. The most recent asbestos management planner refresher course completed must be permitted by the commissioner under part 4620.3704.

B. Any refresher courses which have been completed subsequent to the expiration of the diploma must have been completed no more than 12 months after the expiration date of the preceding diploma.

Subp. 5. Application for initial certification.

An applicant for initial certification as an asbestos management planner must submit to the commissioner:

B. a nonrefundable application fee of $100, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

C. verifiable evidence of the applicant's original diploma for the initial asbestos management planner training course and, if applicable, verifiable evidence of each of the applicant's original diplomas for the asbestos management planner refresher training courses.

Subp. 6. Renewal.

A. An individual certified as an asbestos management planner must apply for renewal of asbestos management planner certification by submitting to the commissioner a completed renewal application. Until the renewal certificate is issued by the commissioner, the asbestos management planner may continue to perform asbestos management plans for up to 30 calendar days from the date of completing the refresher training course, provided the asbestos management planner:

B. The renewal application must include:

Subp. 7. Denial of certification.

The commissioner shall deny an application for certification as an asbestos management planner if the applicant fails to comply with the requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the certificate and the reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos management planner application within 30 days of the receipt of the notice that the asbestos management planner application has been denied. Fees are required for all subsequent applications.

Subp. 8. Duration of certificate; transfer.

An asbestos management planner certificate is valid for 12 months after the completion date on the diploma for the most recently completed training course. The asbestos management planner certificate is not transferable.

Subp. 9. Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos management planner certificate, the certified asbestos management planner must submit a completed application for a duplicate asbestos management planner certificate and pay a charge to the Minnesota Department of Health for the cost of duplicating the certificate.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894; 33 SR 739

Minn. R. 4620.3350 Asbestos Project Designer Certification

Subpart 1. Certification required.

Beginning October 1, 1996, an individual who prepares an asbestos project design must be certified by the commissioner as an asbestos project designer.

Subp. 2. Qualifications or experience requirements.

Beginning January 2, 1997, to be eligible for certification as an asbestos project designer, an individual applying for certification must show evidence of completion of either:

A. work experience of at least 4,000 hours in asbestos-related work or asbestos management activity as defined in Minnesota Statutes, section 326.71; or

B. registration as a registered architect, licensure as a professional engineer, or certification as a certified industrial hygienist or certified safety professional.

Subp. 3. Training requirements for initial certification.

To be eligible for initial certification as an asbestos project designer, an applicant must complete, before the commissioner's receipt of the application:

A. an initial asbestos project designer training course that is:

B. an asbestos project designer refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed the initial asbestos project designer training course specified in item A, subitem (2) or (3).

Subp. 4. Training diploma expiration; retraining.

The applicant for certification as an asbestos project designer must complete an annual asbestos project designer refresher course permitted by the commissioner under part 4620.3704 when the diploma from an initial project designer training course as specified in subpart 3, item A, has expired before the commissioner's receipt of the application.

A. The most recent asbestos project designer refresher course completed must be permitted under part 4620.3704 by the commissioner.

B. Any refresher courses which have been completed subsequent to the expiration of the diploma must have been completed no more than 12 months after the expiration date of the preceding diploma.

Subp. 5. Application for initial certification.

An applicant for initial certification as an asbestos project designer must submit to the commissioner:

B. a nonrefundable application fee of $100, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

C. verifiable evidence of the applicant's original diploma for the initial asbestos project designer training course and, if applicable, verifiable evidence of each of the applicant's original diplomas from the asbestos project designer refresher training courses.

Subp. 6. Renewal.

A. An individual certified as an asbestos project designer must apply for renewal of asbestos project designer certification by submitting to the commissioner a completed renewal application. Until the renewal certificate is issued by the commissioner, the asbestos project designer may continue to perform asbestos project designs for up to 30 calendar days from the date of completing the refresher training course, provided the asbestos project designer:

B. The renewal application must include:

Subp. 7. Denial of certification.

The commissioner shall deny an application for an asbestos project designer certificate if the applicant fails to comply with the requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the certificate and the reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos project designer application within 30 days of the receipt of the notice that the asbestos project designer application has been denied. Fees are required for all subsequent applications.

Subp. 8. Duration of certificate; transfer.

An asbestos project designer certificate is valid for 12 months after the completion date on the diploma for the most recently completed training course. The asbestos project designer certificate is not transferable.

Subp. 9. Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos project designer certificate, the certified asbestos project designer must submit a completed application for a duplicate asbestos project designer certificate and pay a charge to the Minnesota Department of Health for the cost of duplicating the certificate.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894; 33 SR 739

Minn. R. 4620.3400 [Repealed, 20 SR 2765]

[Repealed, 20 SR 2765]

Minn. R. 4620.3410 Asbestos-Related Work Project Notice

Subpart 1. General.

Each licensed asbestos contractor must notify the commissioner of each project to be performed in whole or in part by the licensed asbestos contractor.

Subp. 2. Requirements for notice.

At least five calendar days before the beginning of a project, except as provided in part 4620.3420, the commissioner must receive from the licensed asbestos contractor:

A. a completed notice on a form provided by the commissioner which seeks only information the commissioner reasonably considers necessary to inspect the project and issue the permit; and

B. the permit fee for the project as determined under part 4620.3430.

Subp. 3. Notice of abatement schedule.

The commissioner must be notified in advance of the dates and work shift times for abatement.

A. If a project will occur in two or more phases between the project start and end dates specified on the notice, the commissioner must receive a written schedule of abatement dates and work shift times from the licensed asbestos contractor performing abatement at least five calendar days before beginning the project.

B. For a project described in part 4620.3100, subpart 27b, item B or C, if the licensed asbestos contractor performing abatement cannot reasonably determine the schedule for abatement at the time of notice, the licensed asbestos contractor performing abatement must also submit written notice to the commissioner of abatement dates and work shift times for each portion of the project which exceeds three linear feet or three square feet of asbestos-containing material, so that the commissioner receives the notice as soon as possible before that portion of the project begins.

C. The asbestos contractor performing abatement must ensure that at least one site supervisor is present at the project site on the dates and during the work shifts for which the commissioner has been notified.

D. The asbestos contractor performing abatement must ensure that abatement is performed only during dates and work shifts for which the commissioner has been notified.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765; 33 SR 739

Minn. R. 4620.3415 Amendment of Notice

The licensed asbestos contractor performing abatement must notify the commissioner according to this part of any change in the information reported to the commissioner by that contractor under part 4620.3410.

A. All amendments except for work shift times and dates must be in writing with the permit number and the changes clearly indicated.

B. Any amendment of the project start date to an earlier start date must be received by the commissioner at least five calendar days before abatement begins.

C. An amendment, other than a change of the project start date to an earlier start date, must be received by the commissioner no later than the effective date and time of the change.

D. Any amendment of the dates or work shift times, other than the project start and end dates, must be received by the commissioner by voice mail, telephone, facsimile, mail, or delivery.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765; 33 SR 739

Minn. R. 4620.3420 Emergency Project Notice

Subpart 1. Emergency project begun during work hours.

For an emergency project which begins between 8:00 a.m. and 4:30 p.m. on the days the Minnesota Department of Health is open, the commissioner must receive from the licensed asbestos contractor:

A. a completed notice on a form provided by the commissioner which seeks only information the commissioner considers reasonably necessary to inspect the project and issue the permit as soon as possible before the project begins; and

B. within five calendar days after the emergency project begins, the items listed in part 4620.3410, subpart 2, items B and C.

Subp. 2. Emergency project begun after work hours.

For an emergency project which begins at a time other than the times specified in subpart 1, the commissioner must receive from the licensed asbestos contractor:

B. within five calendar days after the emergency project begins, the items listed in part 4620.3410, subpart 2, items B and C.

Subp. 3. Amendments to emergency project notice.

Amendments to the emergency project notice form must be made according to part 4620.3415, items A, C, and D. An amendment to an emergency project notice must not include additional asbestos-containing material to be abated unless that material is part of the same emergency situation.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3425 Permit Issuance

If the licensed asbestos contractor performing abatement complies with the requirements of part 4620.3410, subparts 2 and 3, or 4620.3420, subpart 1 or 2, the commissioner shall issue a project permit to the licensed asbestos contractor. The project permit shall expire on the end date stated on the notice or any amendment of the end date made under part 4620.3415.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3430 Permit Fees

Subpart 1. General.

Fees are required for all projects.

Subp. 2. Permit fees for abatement other than small residential abatement.

As required by Minnesota Statutes, section 326.75, subdivision 3, the asbestos contractor performing abatement must ensure that a project fee equal to one percent of the total cost of the abatement portion of a project is paid to the commissioner.

A. The total cost of the abatement portion of a project must include the cost of abatement area preparation, decontamination units, containment and permanent enclosures, alterations, abatement operations, repairs, wages, materials, waste disposal, profit, performance bonds, insurance, and administrative overhead. The total cost of the abatement portion of a project does not include the cost of reinsulation or the cost of air quality monitoring.

B. If the final invoice amount for the abatement portion exceeds the total cost of the abatement portion of the project previously reported on the notification form, the asbestos contractor performing abatement must ensure that an additional fee payment in the amount of one percent of that difference is submitted to the commissioner within 30 calendar days of the submission of the invoice to the contracting entity.

C. If the final project cost amount for the abatement portion is less than the total cost of the abatement portion of the project previously reported on the notification form, the commissioner must pay a refund of the excess fee payment to the licensed asbestos contractor.

Subp. 3. Permit fees; air quality monitoring; except small residential abatement.

As required by Minnesota Statutes, section 326.75, subdivision 3, the asbestos contractor performing air monitoring must ensure that a project fee equal to one percent of the total cost of the air quality portion of a project is paid to the commissioner.

A. The total cost of the air quality monitoring portion of a project must include the cost of air quality monitoring as specified in part 4620.3598, wages, materials, profit, performance, bonds, insurance, and administrative overhead.

B. If the final invoice for the air quality monitoring portion of the project exceeds the total cost of the air quality monitoring portion of the project previously reported on the notification form, the asbestos contractor performing air monitoring must ensure that an additional fee payment in the amount of one percent of that difference is submitted to the commissioner within 30 calendar days of the submission of the invoice to the contracting entity.

C. If the final project cost amount for the air quality monitoring portion is less than the total cost of the air quality monitoring portion of the project previously reported on the notification form, the commissioner must pay a refund of the excess fee payment to the licensed asbestos contractor.

Subp. 4. Small residential abatement permit fee.

Notwithstanding anything in this part, for each small residential abatement the person undertaking that abatement must pay to the commissioner a project permit fee of $35 per project.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3435 Posting the Work Site

The licensed asbestos contractor performing abatement must post in a conspicuous place outside of the abatement area:

A. a copy of the project permit;

B. a copy of the project notice and all written amendments pertaining to that project; and

C. if applicable, a copy of the notice submitted to the commissioner according to part 4620.3410, subpart 3.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3440 Records

Subpart 1. On-site records.

The asbestos contractor performing abatement must ensure that the records in this subpart are readily available for review by the commissioner at the work site during the entire period of the project.

A. A daily sign-in and sign-out log must identify individuals entering containments, mini-containments, or working with glove bags, by name, certificate number, and length of time spent in the containments, mini-containments, or working with glove bags.

B. A copy of the asbestos project plan must be developed according to part 4620.3560.

C. All on-site air monitoring results for air monitoring required under parts 4620.3592 to 4620.3598 must be documented, including a written explanation of any fiber count above the applicable standards.

D. The negative air pressure measurements required under part 4620.3570 must clearly indicate the measurement, the date and time of the measurement, and the containment to which the measurement applies. All instances of negative pressure deviation from the minimum requirement under part 4620.3570, subparts 4 and 5, must have a written explanation on or attached to the measurement record.

Subp. 2. Record retention.

The records in subpart 1 must be retained by the asbestos contractor for 30 years after completion of the project. When the licensed asbestos contractor ceases operation, within 20 calendar days of ceasing operation, the responsible individual must submit written notice to the commissioner of the name, address, and telephone number of the individual with whom the records required by subpart 1 are deposited.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3450 Duties of Contracting Entity

A contracting entity is responsible for compliance with this part. A contracting entity must:

A. maintain for at least three years, records of the amount of asbestos-containing material removed, enclosed, and encapsulated, during each calendar year, in each facility for which the contracting entity is responsible; and

B. before any person begins work involving the enclosure, removal, or encapsulation of asbestos-containing material, inform that person, in writing, of the cumulative quantities of all asbestos-containing materials enclosed, removed, or encapsulated within a facility during the current calendar year, as of the date of the writing.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3460 Asbestos Inspection and Assessment

Subpart 1. Applicability.

When an asbestos inspection is performed, the asbestos inspection must be conducted according to this part.

Subp. 2. Asbestos sampling.

Sampling must be conducted as provided in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, section 763.86, amended through April 15, 1988, and Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, paragraph (B), subparagraph (3), amended through February 3, 1994.

Subp. 3. Asbestos analysis.

Analysis of bulk samples collected as part of an asbestos inspection must be analyzed according to this subpart.

A. Bulk samples collected and submitted for analysis must be analyzed for asbestos using a laboratory:

B. Bulk samples must not be composited for analysis unless allowed by the Environmental Protection Agency (EPA) as specified in "Asbestos NESHAP Clarification Regarding Analysis of Multi-layered Systems," Federal Register, volume 5, number 3, page 542, January 5, 1994. Bulk samples shall be analyzed for asbestos content by polarized light microscopy (PLM), as specified in EPA Method for the Determination of Asbestos in Bulk Building Materials, United States EPA 600/R-93/116, 1993. This document is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.

C. A homogeneous area is determined not to contain asbestos only if the results of all samples required to be collected from the area show asbestos in amounts of one percent or less.

D. A homogeneous area is determined to contain asbestos if results of at least one sample collected from the area shows that asbestos is present in an amount greater than one percent.

E. The asbestos inspector must obtain an analysis report which contains the:

Subp. 4. Assessment.

If the asbestos inspector performs an assessment of the condition of asbestos-containing material or suspected asbestos-containing material, the asbestos inspector must provide a written assessment using the categories from Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, section 763.88, paragraph (b), items (1) to (7), amended through April 15, 1988, for all known or assumed asbestos-containing material in the facility or portion of the facility inspected.

Subp. 5. Inspector duties.

The asbestos inspector must have a current asbestos inspector certificate at the location where the asbestos inspector is conducting work, except as provided in part 4620.3330, subpart 6, item A. The asbestos inspector must prepare a written report which:

A. contains the exact location of each homogeneous area of material which is known or assumed to be asbestos-containing material;

B. if the asbestos inspector performs an assessment of asbestos-containing material or suspected asbestos-containing material, contains the condition of each homogeneous area of material which is known or assumed to be asbestos-containing material;

C. is signed by the inspector;

D. is dated by the inspector;

E. includes the inspector's Minnesota asbestos inspector certification number;

F. provides a photocopy of the current asbestos inspector certificate of each inspector who performed the inspection; and

G. is provided to the person requesting the inspection.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894

Minn. R. 4620.3470 Asbestos Management Plan

Subpart 1. Applicability.

When an asbestos management planner develops a written asbestos management plan for a facility or portion of a facility, the asbestos management plan must meet the requirements of this part.

Subp. 2. General.

The asbestos management plan must address all materials known or assumed to be asbestos-containing material within the facility or portion of the facility.

A. An asbestos management plan must be developed by an individual certified as an asbestos management planner.

B. The asbestos management planner must have a current asbestos management planner certificate at the location where the asbestos management planner is conducting work, except as provided in part 4620.3340, subpart 6, item A.

C. Any changes to an asbestos management plan must be made by an asbestos management planner.

D. The asbestos management planner must ensure that the asbestos management plan is available for review by the commissioner on request.

E. Material assumed by the asbestos inspector to be asbestos-containing material must be designated by the asbestos management planner in the asbestos management plan as asbestos-containing material, unless sampling of the material demonstrates the material is not asbestos-containing material.

Subp. 3. Asbestos management plan contents.

The asbestos management plan must be specific for the facility designated in the plan and contain:

A. the name and address of the facility;

B. copies of all asbestos inspection reports including copies of all photographs, diagrams, or other items referred to in the report;

C. a blueprint, legible diagram, or written description of the facility that indicates the location of all known or assumed asbestos-containing material;

D. the name, address, and telephone number of the individual designated to implement and administer the asbestos management plan;

E. the name and signature of the management planners making the recommendations, and a photocopy of the valid asbestos management planner certificate belonging to each management planner;

F. response actions, or preventative measures performed or to be performed to minimize or prevent fiber release episodes; and

G. procedures to inform facility maintenance personnel and outside contractors of the location and identity of building materials known or assumed to be asbestos-containing material before the beginning of work in an area where these materials are located.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894

Minn. R. 4620.3480 Asbestos Project Design

Subpart 1. Applicability.

When an asbestos project design is prepared, it must be prepared according to this part and signed by the asbestos project designer.

Subp. 2. Use of asbestos project designer.

The asbestos project designer must have a current asbestos project designer certificate at the location where the asbestos project designer is conducting work, except as provided in part 4620.3350, subpart 6, item A. The asbestos project designer must include in the asbestos project design a photocopy of the current asbestos project designer certificate of the asbestos project designer who prepared the asbestos project design.

Subp. 3. Technical specification content requirements.

The asbestos project designer must include in the asbestos project design the method for complying with all applicable work practice requirements of parts 4620.3000 to 4620.3724. The asbestos project design must address:

A. preparation of each asbestos-related work area;

B. establishment of each containment;

C. establishment of each decontamination unit and procedures for use;

D. evaluation and selection of various fiber release control options;

E. establishment, maintenance, and monitoring of negative air pressure within each containment;

F. asbestos-containing material enclosure, removal, encapsulation, or repair work practices;

G. visual inspection procedures for each asbestos abatement containment area;

H. air monitoring, including analysis, documentation, and record keeping;

I. respiratory protection and personal protective equipment requirements; and

J. disposal of asbestos-containing materials and project waste.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765; 25 SR 1894

Minn. R. 4620.3500 [Repealed, 20 SR 2765]

[Repealed, 20 SR 2765]

Minn. R. 4620.3559 Applicable Work Practices for Abatement

Any person performing asbestos-related work must ensure compliance with parts 4620.3560 to 4620.3598.

A. Notwithstanding this part, for asbestos-related work involving the enclosure, removal, or encapsulation of asbestos-containing material that is located outside the foundation, curtain walls, or roof of a facility and is above grade, the asbestos contractor must comply with parts 4620.3000 to 4620.3724 except parts 4620.3566; 4620.3567; 4620.3568, subparts 1 to 4; 4620.3569; 4620.3570; 4620.3575, subparts 1 to 8; 4620.3580; 4620.3581; 4620.3585; 4620.3592; 4620.3594; 4620.3596; 4620.3597; and 4620.3598.

B. Notwithstanding this part, in the case of asbestos-related work within a tunnel, as defined in part 4620.3100, subpart 33, the asbestos contractor must:

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3560 Asbestos Project Plan

Subpart 1. Applicability.

For each project other than a project in a single-family residence executed by the domiciled owner of the residence, the person performing abatement must prepare a project-specific asbestos project plan.

Subp. 2. Plan availability.

The person performing abatement must have a complete and current asbestos project plan available for inspection at the project site at the start of the project.

Subp. 3. Asbestos project plan content.

The asbestos project plan must contain:

A. the name and address of the project site;

B. a list of the asbestos work areas, including room numbers if known, of the project;

C. the amount and type of asbestos-containing material to be removed, encapsulated, or enclosed in each asbestos work area;

D. the date when the heating, ventilating, and air conditioning (HVAC) system for each asbestos work area will be shut down;

E. the name of any person responsible for the shutdown in item D;

F. the rated capacity of each negative air machine used to establish and maintain the negative air pressure of each containment;

G. the calculation showing the number of containment air changes per hour and the number of negative air machines used to establish and maintain the required containment negative air pressure for each containment;

H. documentation if a negative air system is to be exhausted indoors, why it is technically infeasible to exhaust the negative air system outdoors; and

I. a floor plan or sketch which indicates:

Subp. 4. Asbestos project plan changes.

If any information was estimated or a change occurs during the project, the new information must be added to the asbestos project plan as it becomes known.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3566 Cleaning Containment Area Before Abatement

All surfaces of the containment area must be cleaned before abatement. The following actions must be taken before abatement begins.

A. Uncontaminated movable objects must be removed from the containment area.

B. Contaminated objects or objects suspected of being contaminated must be either:

C. Decontaminated movable objects must be removed from the containment area.

D. Objects that cannot be removed from the containment area must be cleaned by HEPA-filter equipped vacuuming or by wet wiping.

E. Before the critical barriers are constructed, all remaining surfaces in the containment area that will be in contact with the critical barriers must be cleaned by HEPA-filter equipped vacuuming or by wet wiping.

F. Any freestanding containment wall that needs to be constructed must be framed after the removal of all movable objects from the containment area.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3567 Installation of Critical Barriers

All openings between the containment area and uncontaminated areas must be sealed with at least one layer of six-mil polyethylene plastic sheeting securely fastened to achieve an airtight seal around the opening.

A. All objects or structures that cannot be removed from the containment area must be covered with at least one layer of six-mil polyethylene plastic sheeting securely fastened to achieve an airtight seal around the object or structure.

B. All heating, ventilating, and air conditioning intake and exhaust openings in the containment area and any seams in system components must be sealed with at least two layers of six-mil polyethylene sheeting securely fastened to achieve an airtight seal around the object or structure.

C. All penetrations, including penetrations around electrical conduits, telephone wires, water supply pipes, and drain pipes, must be sealed with at least one layer of six-mil polyethylene plastic sheeting securely fastened to achieve an airtight seal around the object.

D. All porous surfaces except ceilings not addressed in items A to C must be sealed with at least one layer of six-mil polyethylene plastic sheeting securely fastened to achieve an airtight seal.

E. All openings between the asbestos abatement containment area and contaminated areas must be sealed with at least one layer of six-mil polyethylene plastic sheeting or comparable material securely fastened to achieve an airtight seal around the opening.

F. If any freestanding containment wall is to be used, the porous outside of the wall frame or frame of the freestanding containment must be covered with at least one layer of six-mil polyethylene sheeting securely fastened to achieve an airtight seal.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3568 Containment

Subpart 1. General.

The containment must be constructed to separate and isolate the containment area from the rest of the building and the outdoors. The containment must be airtight and leakproof.

Subp. 2. Floor sheeting.

Floor sheeting must be placed over the entire floor as part of the containment.

A. Floor sheeting must consist of at least two layers of six-mil polyethylene plastic sheeting or comparable material.

B. For the first layer, enough area for overlap with the wall sheeting must be provided to maintain an airtight and leakproof seal for the containment.

C. For the second layer, the sheeting must extend 12 inches beyond the wall or floor joints.

D. Floor sheeting must be sized to minimize seams.

E. The floor must have no seams at wall and floor joints.

Subp. 3. Wall sheeting.

Wall sheeting must be placed over the entire wall. Wall sheeting must:

A. consist of at least one layer of four-mil polyethylene plastic sheeting;

B. provide enough area for overlap with the other wall or floor sheeting to maintain an airtight and leakproof seal for the containment;

C. be sized to minimize seams;

D. extend to the deck area or floor joists;

E. not have seams located at wall and floor joints; and

F. have a 12-inch by 12-inch clear viewing window, where feasible, to allow for a view of the work area if the polyethylene plastic sheeting is not clear.

Subp. 4. Freestanding containment walls and freestanding containments.

Freestanding containment walls and freestanding containments must:

A. have floor sheeting that complies with subpart 2;

B. have interior wall sheeting that complies with subpart 3;

C. have the frame painted with a nonporous paint if the framing materials used for a freestanding wall or containment are made of a porous material such as wood, unless the framing materials are covered with polyethylene sheeting or the framing materials are disposed of as asbestos waste at the end of the project; and

D. have interior ceiling sheeting that consists of one layer of four-mil polyethylene plastic sheeting and is securely fastened to provide an airtight, leakproof containment if containment walls do not abut the ceiling.

Subp. 5. Posting asbestos work area.

During asbestos-related work, warning signs must be displayed at all approaches to the asbestos work area. The sign must state: "DANGER. ASBESTOS CANCER AND LUNG DISEASE HAZARD. AUTHORIZED PERSONNEL ONLY. RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA."

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3569 Decontamination Units

Subpart 1. General.

Procedures for the use of the decontamination unit must be established by the person performing abatement to prevent contamination outside the asbestos work area. A decontamination unit must be used by all persons when exiting a containment. The decontamination unit must:

A. be contiguous with the containment area except as provided in subpart 2;

B. consist of a series of connecting rooms with the middle room being the shower room;

C. have doorways between the rooms and entrances to the unit protected with two overlapping sheets of polyethylene or the functional equivalent; and

D. have a shower room that:

Subp. 2. Location.

In facilities classified in the Standard Industrial Classification Manual, 1987, as a B division, D division-major group 26, or E division-major group 49, the decontamination unit must be connected to the containment where feasible. The Standard Industrial Classification Manual, 1987, is available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia, 22161, or from the State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.

Subp. 3. Waste.

Filtered wastewater from the shower must be discharged to a sanitary sewer or a septic system, or may be collected in barrels for later disposal to a sanitary sewer or septic system.

Subp. 4. Small residential decontamination unit.

For small residential abatement, the decontamination unit must consist of at least a clean room, shower room, and dirty room.

Subp. 5. Decontamination unit other than small residential abatement.

For abatement in a facility other than small residential abatement, the decontamination unit must consist of a clean room, an air lock chamber, a shower, an air lock chamber, and a dirty room.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3570 Hepa-Filtered Negative Pressure

Subpart 1. General.

The containment must be provided with a HEPA-filter equipped ventilation system.

Subp. 2. HEPA-filter equipped negative air requirements.

The HEPA-filter negative air machine must be equipped with:

A. a calibrated pressure gauge to measure the pressure drop across the filter;

B. an audible alarm or an automatic unit shutdown mechanism activated in the event of a breach in the filter or in the absence of a filter;

C. an audible alarm or automatic unit shutdown mechanism activated when the differential pressure across the filter exceeds a preset pressure; and

D. an automatic electrical power cutoff switch so the unit will not operate if the HEPA-filter is not present or not positioned correctly.

Subp. 3. Continuous operation of HEPA-filter equipped ventilation system.

The HEPA-filter equipped ventilation system must operate continuously from the time of asbestos disturbance until results of analysis of the clearance samples indicate the air inside the containment is at or below the clearance standard or the alternative clearance standard.

Subp. 4. HEPA-filter equipped system criteria.

The HEPA-filter equipped ventilation system must be operated according to the criteria in this subpart.

A. The amount of air exhausted from the containment must provide for at least four air changes per hour within the containment.

B. A negative pressure of at least 0.02 inches of water must be established and maintained within each containment with respect to the area outside of the containment.

C. The negative pressure must be measured by a recording manometer.

Subp. 5. Inability to establish or maintain a negative pressure of at least 0.02 inches of water.

If it is not possible to establish or maintain a negative pressure of at least 0.02 inches of water in the containment with respect to the pressure outside the containment for a period of 15 minutes, items A to D apply in addition to the requirements of subpart 4, item C.

A. A pressure as close to negative 0.02 inches of water as possible must be maintained from the time construction of the containment is completed until results from clearance air samples are obtained.

B. The amount of air exhausted from the containment must be increased to at least six air changes per hour within the containment.

C. Documentation must be available on site for each case of the failure to establish negative pressure or each case of failure to maintain a pressure of negative 0.02 inches of water in the containment with respect to the air pressure outside the containment. The documentation must specify the:

D. Specific methods used to reestablish a negative pressure of at least 0.02 inches of water in the containment with respect to the air outside the containment must be documented and available for review on site.

Subp. 6. HEPA-filtered ventilation system exhaust.

The HEPA-filter equipped ventilation system must be positioned to exhaust filtered air to the outside of the facility. If it is not technically feasible to exhaust the HEPA-filter equipped ventilation systems outdoors, there must be air monitoring every four hours during abatement activity in the vicinity of the HEPA-filter equipped ventilation system exhaust.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3571 Removal of Asbestos-Containing Material

Subpart 1. General.

Water to which a surfactant has been added must be used before and during removal of asbestos-containing material to prevent fibers from becoming airborne during asbestos-related work. All asbestos-containing material must:

A. be wet before removal;

B. be adequately wet during removal;

C. be placed and sealed in containers while adequately wet; and

D. not be allowed to dry.

Subp. 2. Removal of structures and objects covered with asbestos-containing material.

A structure or object covered with asbestos-containing material must be:

A. removed intact or in large sections where possible;

B. wet before being sealed in six-mil clear polyethylene sheeting or comparable material;

C. wet during removal of the structure or object; and

D. lowered to the floor or ground and not dropped.

Subp. 3. Waste.

Waste containers must be sealed to prevent drying of the asbestos-containing material.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3572 Encapsulation of Asbestos-Containing Material

Encapsulation of asbestos-containing material must meet the requirements in this part.

A. Any loose or hanging asbestos-containing material must be removed before encapsulation according to part 4620.3571.

B. Filler compound applied to gaps in existing asbestos-containing material must contain no asbestos, adhere well to the substrate, and provide a base for the encapsulant.

C. Spray encapsulant must be applied using only airless spray equipment.

D. Encapsulant must be water-based.

E. Encapsulated asbestos-containing material must be specially designated, according to Code of Federal Regulations, title 29, section 1926.1101(k)(8), to warn individuals who may disturb the material.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3573 Permanent Enclosure Requirements

Installation of a permanent enclosure of asbestos-containing material must meet the requirements in this part.

A. A permanent enclosure must:

B. Any asbestos-containing materials that will be disturbed during the installation of hangers, brackets, or other portions of the permanent enclosure must be sprayed with water to which surfactant has been added.

C. Any loose or hanging asbestos-containing material must be removed before construction of the enclosure.

D. The permanent enclosure must be specially designated, according to Code of Federal Regulations, title 29, section 1926.1101(k)(8), to warn individuals who may disturb the enclosure.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3575 Completion of Abatement

Subpart 1. Postabatement cleaning.

After asbestos-containing material has been removed, encapsulated, or enclosed, interior surfaces of the containment and interior surfaces of the decontamination unit must be cleaned.

A. HEPA-filter equipped vacuuming, wet wiping, or both, must be used.

B. Cleaning must be performed until no asbestos dust, residue, dirt, or debris is visible on any part of the work area.

C. All liquid waste must be cleaned up and disposed of as described in subpart 9.

D. All abatement equipment must be cleaned and all equipment except the HEPA-filter equipped negative air machine must be removed from the containment.

E. Asbestos contaminated equipment that cannot be cleaned must be sealed in two layers of six-mil polyethylene before removal from the containment.

F. Asbestos-containing material which was removed must be taken out of the containment.

Subp. 2. Visual inspection of containment after postabatement cleaning.

A visual inspection of the containment and the decontamination unit must be performed after the containment and decontamination unit have dried completely.

A. Any residue observed in the containment or decontamination unit must be considered to be asbestos.

B. The sequence of cleaning and inspection must be repeated until the area passes a visual inspection.

C. The inspection must establish completeness of removal, encapsulation, enclosure, and cleanup.

Subp. 3. Removal of containment walls and floors.

After the postabatement visual inspection, removal of the walls and floors must occur in the order specified in items A and B.

A. When porous surfaces inside the containment have not been covered according to part 4620.3568, encapsulant must be used on those porous surfaces to securely seal down any residual fibers.

B. The walls and floors of the containment may be removed only after:

Subp. 4. Visual inspection after removal of containment walls and floors.

Following removal of the walls and floors of the containment, all surfaces previously in contact with the walls and floors of the containment and the interior decontamination unit must be inspected.

A. The inspection must be done according to subpart 2.

B. Whenever contamination is observed, the entire area must be cleaned, using a HEPA-filter equipped vacuum, wet wiping, or both, until no contamination is visible.

Subp. 5. Completion of clearance air sampling.

Clearance air sampling must be performed and samples analyzed according to part 4620.3596, 4620.3597, or 4620.3598, before removal of critical barriers and the decontamination unit.

Subp. 6. Removal of critical barriers.

Critical barriers must be:

A. removed after the containment and the decontamination unit have passed the visual inspection specified in subpart 4 and completion of clearance air sampling as specified in subpart 5;

B. removed after the contracting entity grants permission to remove the barriers;

C. removed before the decontamination unit is disassembled; and

D. disposed of as asbestos-containing waste.

Subp. 7. Final visual inspection of asbestos work area.

Areas where critical barriers had been placed must be inspected and cleaned as specified in subpart 4 to ensure that no surface contamination is visible.

A. Whenever contamination is observed, the entire area must be cleaned, using a HEPA-filter equipped vacuum and wet wiping, or both, until no contamination is visible.

B. If contamination is found, the asbestos work area must be cleaned and cleared as specified in subpart 5.

Subp. 8. Replacement of heating, ventilating, and air-conditioning system filters.

The interior surfaces of ventilation system ductwork must be decontaminated when a visual inspection indicates the presence of asbestos-containing material. When contamination is indicated, items A to C apply.

A. Except for small residential abatement, all disposable system filters that serve the asbestos work area must be:

B. A person performing small residential abatement must advise the owner of the residence of the need to replace disposable filters from heating, ventilation, and air-conditioning systems once the project is complete.

C. All nondisposable filters must be cleaned and decontaminated by the person performing abatement after the project is complete.

Subp. 9. On-site handling of asbestos-containing waste.

Asbestos-containing waste must be handled on site according to this subpart.

A. Metal or fiber drums with locking ring tops must be used for disposal of asbestos-containing waste material that contains sharp edges, unless the sharp edges can be covered or blunted.

B. For asbestos-containing waste material that does not have sharp edges, bags of at least six-mil polyethylene must be used. Bags must be:

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3580 Glove Bag Procedures

Subpart 1. Application.

When a portion of a project includes the removal, encapsulation, or enclosure of less than 25 linear feet of asbestos-containing pipe lagging or less than ten square feet of asbestos-containing material per room, for that portion of the project the person performing abatement may use the glove bag procedures in this part instead of the procedures in parts 4620.3566 to 4620.3575, subparts 1 to 8.

In process areas of facilities not accessible to the general public and designated in Division B, D, or E of the 1987 edition of the Standard Industrial Classification Manual, asbestos-containing material may be abated in quantities up to 25 linear feet or ten square feet for each 15,000 square foot area of floor space using the glove bag procedures in this part instead of the procedures in parts 4620.3566 to 4620.3575, subparts 1 to 8. Division B, D, and E of the 1987 edition of the Standard Industrial Classification Manual are incorporated by reference and are not subject to frequent change. A copy of this material is available from the State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or for loan or inspection from the Barr Library of the Minnesota Department of Health or through the Minitex interlibrary loan system.

Subp. 2. Placement of remote decontamination unit.

A remote decontamination unit must be available for any individual performing the glove bag operation before the glove bag is set up. The remote decontamination unit must be used whenever the individual leaves the asbestos work area. The remote decontamination unit must be:

A. placed within 20 feet of the glove bag operation; or

B. used with the procedures in subitems (1) and (2) to prevent contamination of any area between the glove bag operation and the remote decontamination unit.

Subp. 3. Remote decontamination unit.

For each glove bag operation, a remote decontamination unit must be used that complies with part 4620.3569, subparts 1, items B to D, and 2.

Subp. 4. Glove bag set-up procedure.

For each abatement project using a glove bag, the glove bag procedures in this subpart must be followed.

A. Before the glove bag operation begins, the area within ten feet of the glove bag operation must be cleaned using a HEPA-filter equipped vacuum, wet wiping, or both, until no dust nor debris is visible.

B. Polyethylene sheeting of at least one layer of six-mil or comparable material must be placed on the floor below the glove bag operation.

C. Glove bags must be constructed of transparent six-mil polyethylene.

D. If a glove bag is to be used on one portion of a continuous section of damaged or significantly damaged thermal system insulation, the entire section of damaged or significantly damaged thermal system insulation must be sealed in two layers of six-mil polyethylene sheeting. Edges of the sheeting must be secured with tape.

E. The glove bag must be attached so asbestos-containing material adjacent to the glove bag is not disturbed during glove bag preparation.

F. Removal and encapsulation of asbestos-containing material must be done inside the glove bag.

G. All openings in the glove bag, including openings from insertion of tools, sprayers, or HEPA-filter equipped nozzles must be securely sealed with tape before removal or encapsulation begins.

H. Before removal or encapsulation begins, the glove bag must be smoke tested for any breach in the seal.

Subp. 5. Asbestos removal or encapsulation.

For each abatement project using a glove bag, the procedures in this subpart must be followed for the removal or encapsulation of asbestos-containing material using a glove bag.

A. Sliding the glove bag during or following asbestos removal or encapsulation is prohibited.

B. A glove bag must not be used more than once.

C. Asbestos-containing material must be adequately wet at all times during removal.

D. An airless or Hudson-type sprayer must be used to wet the asbestos-containing material.

E. Surfaces from which asbestos has been removed must be cleaned with a brush and wet wiped until no visible asbestos-containing material remains.

F. All exposed asbestos-containing material within the glove bag must be encapsulated with an encapsulant before the glove bag is removed according to part 4620.3572.

G. A visual inspection of the abated surface within the glove bag must be performed before the glove bag is removed. The glove bag operation is not complete until all visible asbestos-containing material is removed or encapsulated.

Subp. 6. Completion of glove bag operation.

Every glove bag operation must be completed according to the procedures in this subpart.

A. Before the glove bag is removed, the interior surfaces of the glove bag must be cleaned using an airless or Hudson-type sprayer until no visible residue is seen on the top and vertical sides of the glove bag.

B. Tools must be removed from the glove bag as specified in this item.

C. The glove bag must be collapsed using a HEPA-filter equipped vacuum.

D. After the glove bag is collapsed, the glove bag must be squeezed tightly as close to the top of the glove bag as possible, twisted, and bound with tape.

E. The glove bag must then be cut from the pipe or other facility component and placed in a leak-tight container and the container handled according to part 4620.3575, subpart 9.

F. The area beneath the glove bag operation must be inspected for any dust or debris resulting from the glove bag operation.

G. Dust and debris from the glove bag operation must be assumed to be asbestos-containing material and must be cleaned using a HEPA-filter equipped vacuum or wet wiped.

H. The six-mil polyethylene sheeting must not be reused. The sheeting must be bagged, labeled as asbestos-containing waste, and handled as specified in part 4620.3575, subpart 9.

Subp. 7. On-site handling of asbestos-containing waste.

On-site handling of asbestos-containing waste from a glove bag operation must comply with part 4620.3575, subpart 9.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765; 33 SR 739

Minn. R. 4620.3581 Mini-Containment Procedures

Subpart 1. Mini-containment.

When a portion of a project includes abatement of less than 25 linear feet of asbestos-containing pipe lagging or less than ten square feet of asbestos-containing material per room, for that portion of the project, the person performing abatement may use the mini-containment procedures in this part instead of the procedures in parts 4620.3566 to 4620.3575.

In process areas of facilities not accessible to the general public and designated in Division B, D, or E of the 1987 edition of the Standard Industrial Classification Manual, asbestos-containing material may be abated in quantities up to 25 linear feet or ten square feet for each 15,000 square foot area of floor space using the mini-containment procedures in this part. Divisions B, D, and E of the 1987 edition of the Standard Industrial Classification Manual are incorporated by reference and are not subject to frequent change. A copy of this material is available from the State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or for loan or inspection from the Barr Library of the Minnesota Department of Health or through the Minitex interlibrary loan system.

Subp. 2. Remote decontamination.

Before proceeding to the remote decontamination unit, individuals performing mini-containment operations must:

A. remove the outer layer of clothing worn during mini-containment abatement;

B. vacuum clean all exposed parts of the body and hair using a HEPA-filter equipped vacuum cleaner; and

C. don a nonpermeable layer of protective clothing which covers all body surfaces except the face and hands.

Subp. 3. Remote decontamination unit.

A remote decontamination unit must be available that complies with part 4620.3569, subparts 1, items B to D, and 2. The remote decontamination must be:

A. available in the facility prior to the start of mini-containment operations;

B. used by individuals following mini-containment operations for each asbestos work area; and

C. placed in an area to minimize contamination of the area between the asbestos work area and the remote decontamination unit.

Subp. 4. Mini-containment set-up procedure.

All mini-containment operations must comply with this subpart.

A. Before the mini-containment operation begins, the area within ten feet of the mini-containment operation must be cleaned using a HEPA-filter equipped vacuum, wet wiping, or both, until no dust nor debris is visible.

B. A mini-containment must:

Subp. 5. Asbestos removal or enclosure.

All persons using a mini-containment to perform abatement must comply with this subpart.

A. Negative air pressure within the mini-containment must be maintained until the procedures in subpart 6, item G, are completed.

B. Surfaces from which asbestos-containing material has been removed must be thoroughly cleaned until no visible asbestos-containing material remains.

C. All exposed asbestos-containing material within the mini-containment must be encapsulated according to part 4620.3572 before the mini-containment is removed.

Subp. 6. Completion of mini-containment operation.

Every mini-containment operation must be completed according to the procedures in this subpart.

A. All tools and equipment used in the mini-containment must be wet wiped until no visible residue remains.

B. The wet wiped tools and equipment must be passed through the mini-containment door in a sealed, leakproof container.

C. The leakproof container containing the tools must be opened only inside another mini-containment, decontamination unit, containment, or when submerged under water.

D. If the leakproof container with the tools is transported off-site, the container must be labeled as asbestos-containing material.

E. After the asbestos removal, encapsulation, or enclosure is complete, the interior of the mini-containment must:

F. Before the mini-containment is removed, a visual inspection of the interior of the mini-containment and the abated surfaces must be performed as specified in part 4620.3575, subpart 2.

G. The mini-containment must be removed as specified in this item. The mini-containment must be removed by:

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3582 Removal of Entire Facility Components

Subpart 1. Applicability.

A person performing abatement may use the procedures in this part as an alternative to the procedures in parts 4620.3566 to 4620.3575 when the criteria in subpart 2 are met.

Subp. 2. Conditions for removal of entire facility components.

The procedures in this part may be used to remove entire facility components with intact asbestos-containing material when the:

A. amount of asbestos-containing material to be glove bagged does not exceed 25 linear feet per room;

B. asbestos-containing material or its covering to be removed is not damaged; and

C. glove bag procedures in part 4620.3580 are followed.

Subp. 3. Procedures.

The work practices of this subpart must be followed in the sequence provided.

A. Before disturbing the asbestos-containing material, cleaning of the area within ten feet of the asbestos-containing material to be removed must be completed according to part 4620.3566.

B. The asbestos-containing material or its covering to be removed must be wet with amended water before wrapping.

C. The facility component to be removed must be wrapped in two layers of six-mil polyethylene sheeting.

D. The polyethylene sheeting must be sealed with tape or a comparable material to provide an airtight seal around the facility component to be removed.

E. Areas which will be cut to release the facility component must be free of asbestos.

F. If the facility component is not located on the ground or floor, the facility component must be:

G. Facility components must be labeled with asbestos warning labels and handled according to part 4620.3575, subpart 9.

H. If asbestos-containing material is removed from the facility component removed under this part, removal must be done according to parts 4620.3560 to 4620.3575.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3585 Demolition by Destruction to the Ground

Subpart 1. Applicability.

This part may be used when a facility or portion of a facility:

A. will be subjected to demolition by destruction to the ground within 24 hours of the completion of asbestos-related work; and

B. has been secured to prevent entry following the completion of asbestos-related work.

Subp. 2. Exceptions.

When demolition by destruction to the ground is performed as specified in subpart 1, the person performing asbestos-related work must comply with parts 4620.3000 to 4620.3724, except for parts 4620.3568, subparts 1 to 4; 4620.3575, subparts 3, 4, and 8; and 4620.3594.

Subp. 3. Securing facility following asbestos-related work.

To secure the facility or portion of the facility to be demolished by destruction to the ground, the person performing abatement must board up all windows, doorways, or other points of entry on the foundation and first levels of the facility or portion of the facility after asbestos-related work has been completed.

Subp. 4. Demolition prior to asbestos-related work.

Abatement must comply with subpart 5 when:

A. a facility or portion of a facility is demolished by destruction to the ground; and

B. friable asbestos-containing material is present in amounts greater than six square feet or ten linear feet but less than 160 square feet or 260 linear feet for a former single- or multifamily dwelling or greater than 260 linear feet, 160 square feet, or 35 cubic feet in other facilities.

Subp. 5. Abatement following facility demolition.

When a facility or portion of a facility is demolished as described in subpart 4, the person performing abatement must comply with items A to D.

A. The site must be secured and posted with warning signs that state: "DANGER. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. AUTHORIZED PERSONNEL ONLY. RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA."

B. Notification of the project must be given to the commissioner as specified in part 4620.3420.

C. A person licensed as specified in part 4620.3200 must be used for removal of asbestos-containing material from the demolition rubble.

D. Individuals handling asbestos-containing material at the site must be certified as specified in parts 4620.3300 and 4620.3310.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3592 Indoor Air Monitoring

Subpart 1. Applicability.

As part of every project, indoor air monitoring must be performed as specified in this part except that indoor air monitoring is not required:

A. when a project is performed in preparation for demolition of a facility and the facility will not be entered or occupied by any individual not involved with asbestos-related work during and after the project; or

B. if a domiciled owner of a single-family residence conducts a project in the single-family residence.

Subp. 2. General.

Indoor air monitoring must be conducted outside the containment area during all asbestos-related work including preparation and cleanup from the time disturbance of asbestos-containing material occurs until the results of clearance air sampling indicate fiber levels in the air within the containment do not exceed the clearance standard or alternative clearance standard.

A. For each containment, two air samples must be collected simultaneously no less than once during every zero to five-hour period while abatement personnel are performing asbestos-related work.

B. One of the two indoor air monitoring samples required in item A must be collected within ten feet of the entrance to the decontamination unit. The other air sampling location must be selected to detect failures in the containment.

C. Sample collection must be performed within ten feet of the containment.

D. Sample collection and analysis must comply with this part and part 4620.3597, subparts 2 to 4.

Subp. 3. Evacuation and corrective measures.

If, during the project, the fiber concentration in air measured outside the containment exceeds the indoor air standard, or the alternative indoor air standard, or one or more samples are too heavily loaded to allow for quantitative analysis, the steps in items A and B must take place.

A. Except as noted in subpart 4, the occupied area immediately adjacent to the asbestos work area must be evacuated.

B. Evacuated areas must not be reoccupied until:

Subp. 4. Suspected nonasbestos dust.

When elevated fiber concentrations in the air outside the containment are suspected to be from nonasbestos dust in the air, evacuation of the occupied areas immediately adjacent to the asbestos work area may be delayed, provided the actions in this subpart are taken immediately.

A. The indoor air monitoring samples which indicate elevated fiber concentrations must be reanalyzed by transmission electron microscopy to distinguish between asbestos and nonasbestos fibers greater than five microns in length with an aspect ratio of three-to-one. Repeat analysis under this item must meet the requirements of "Mandatory Transmission Electron Microscopy Method," Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix A, section II, Parts A, E, F, H, I, and J, amended through October 30, 1987, and as qualified in subitems (1) and (2).

B. If the analysis results obtained according to item A indicate the concentration of asbestos fibers in the air exceeds 0.01 fibers per cubic centimeter of air, the occupied area immediately adjacent to the asbestos work area must be evacuated and not reoccupied until the corrective measures of subpart 3, item B, have been performed and documented.

Subp. 5. Indoor air monitoring during glove bag or mini-containment procedures.

When the glove bag or mini-containment procedures in parts 4620.3580 and 4620.3581 are used, indoor air monitoring must be performed according to this subpart.

A. At least two indoor air samples per room must be collected continuously from the time of initial disturbance of the asbestos-containing material until the time all glove bags or mini-containments have been removed in the room.

B. Indoor air samples during glove bag or mini-containment procedures must be collected within ten feet of the glove bag or mini-containment operation.

C. Sample collection and analysis must be completed according to subpart 4, item A, or part 4620.3597, subparts 2 to 4.

D. The glove bag or mini-containment operation is not complete and the asbestos work area must not be reoccupied until each of the indoor air samples has been analyzed and the result of each sample indicates a fiber level below the indoor air standard or the alternative indoor air standard.

E. Except as noted in item F, if any indoor air sample result exceeds the indoor air standard or the alternative indoor air standard, or if any indoor air sample is too heavily loaded to be quantitatively analyzed, subitems (1) to (3) must be followed.

F. When elevated fiber concentrations in the asbestos work area are suspected to be from nonasbestos dust in the air, the asbestos work area may be reoccupied if the following actions are taken:

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3594 Clearance Air Sampling

Subpart 1. General.

When enclosure, removal, or encapsulation is completed during an abatement, clearance air sampling must be performed to ensure that fiber levels in the air within the containment area do not exceed the clearance standard or alternative clearance standard.

A. The asbestos containment area must not be reoccupied until compliance with subitem (1) or (2) is achieved:

B. If any clearance air sample result exceeds the clearance standard or alternative clearance standard, or any clearance air sample is too heavily loaded to be quantitatively analyzed, the containment area must be recleaned and reinspected according to part 4620.3575, subpart 4. Following compliance with part 4620.3575, subpart 4, clearance air sampling must be repeated according to this subpart.

Subp. 2. Clearance air sampling procedures.

Clearance air sampling must be conducted in the containment area after the containment has been cleaned thoroughly, dried completely, and passed the visual inspection required under part 4620.3575, subpart 4.

A. The critical barriers specified in part 4620.3567 must remain in place.

B. The decontamination unit must remain in place and remain operational.

C. Negative pressure within the containment must be maintained until analysis of clearance air samples is complete.

D. The clearance air sampling sites must be selected on a random basis within the containment to provide unbiased and representative sampling of the air within the containment.

E. Clearance air sampling must be performed with equipment that has been cleaned and decontaminated before use.

F. Clearance air sampling must be conducted as specified in subitems (1) to (3).

G. Equipment such as fans and pumps must be wet wiped with clean water and disposable wipes before removal from the containment.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3596 General Requirements for Air Monitoring

The air monitoring samples required by parts 4620.3592 and 4620.3594 must be collected as specified in this part.

A. All air monitoring sample collection must be conducted by an individual who is either an asbestos worker or asbestos site supervisor and who:

B. Air monitoring sample cassettes must be submitted for analysis on the day collected.

C. The contract for air monitoring sample analysis must specify that results must be available orally or in writing no later than 48 hours after submission for analysis or before disassembly of the containment, whichever is earlier.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3597 Phase Contrast Microscopy

Subpart 1. Phase contrast microscopy air sample analysis.

Analysis by phase contrast microscopy must comply with National Institute for Occupational Safety and Health (NIOSH) Method 7400, revision number 3, titled "Fibers" published in the NIOSH Manual of Analytical Methods, Third Edition, August 1994 supplement or equivalent methods. This document is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.

Subp. 2. Procedures for establishing an alternative indoor air standard.

When collecting air monitoring samples to establish an alternative indoor air standard, the procedures in this part apply.

A. An alternative indoor air standard may be established only if background fiber levels in the asbestos work area exceed the indoor air standard before the start of abatement.

B. To establish an alternative indoor air standard, five air monitoring samples must be collected simultaneously and analyzed according to this part before the start of abatement including area preparation.

C. The alternative indoor air standard must be calculated as the upper bound of the range defined by the 95 percent confidence interval from the average of the result of the five indoor air monitoring samples.

D. Locations for air monitoring sample collection must be selected to provide suitable data for comparison with indoor air monitoring samples collected after abatement begins. Sample locations must be indoors and within ten feet of where the containment will be constructed.

E. The alternative indoor air standard applies only to the containment area where the air samples used to establish the alternative indoor air standard were collected.

Subp. 3. Air monitoring sample collection and analysis.

When phase contrast microscopy is used to analyze air monitoring samples:

A. air volumes drawn through the filter cassette must be sufficient to determine fiber concentrations to 0.01 fibers per cubic centimeter of air;

B. a volume of 2,000 liters must be drawn through the filter cassette, except as noted in item C; and

C. when a volume of 2,000 liters cannot be drawn through the filter cassette, subitems (1) to (5) apply.

Subp. 4. Transitional air monitoring sample analysis.

Between July 1, 1996, and July 1, 1997, air monitoring samples must be analyzed by:

A. a laboratory that is accredited by the American Industrial Hygiene Association;

B. an analyst considered proficient by the American Industrial Hygiene Association's asbestos analyst registry program; or

C. a laboratory considered proficient in asbestos analysis by the American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing (PAT) Program for phase contrast microscopy.

Subp. 5. Air sample analysis.

Beginning July 1, 1997, air monitoring samples must be analyzed by:

A. a laboratory that is accredited by the American Industrial Hygiene Association; or

B. an analyst considered proficient by the American Industrial Hygiene Association's asbestos analyst registry program.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3598 Transmission Electron Microscopy

Subpart 1. Use of alternative clearance standard.

When the alternative clearance standard is used, items A and B apply.

A. The transmission electron microscopy method for air monitoring sample collection and analysis must comply with Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix A, section II, amended through October 30, 1987.

B. The volume of air drawn through a 25-millimeter filter cassette must be equal to or greater than 1,200 liters. The volume of air drawn through a 37-millimeter filter cassette must be greater than or equal to 2,800 liters. Both types of filter cassettes must contain a sample filter that has a pore size of 0.8 microns or smaller.

Subp. 2. Air monitoring sample analysis.

Alternative clearance air monitoring samples analyzed by transmission electron microscopy must be analyzed by a laboratory accredited by the United States National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program (NVLAP) for analysis of samples by transmission electron microscopy.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3600 [Repealed, 20 SR 2765]

[Repealed, 20 SR 2765]

Minn. R. 4620.3700 [Repealed, 20 SR 2765]

[Repealed, 20 SR 2765]

Minn. R. 4620.3702 Application for Training Course Permit

Subpart 1. Applications other than renewal.

Except as provided in subpart 2, to obtain a permit from the commissioner for a training course, the training course provider must submit, to be received by the commissioner at least 60 days before the course is offered:

A. a completed application on a form provided by the commissioner, which seeks only information the commissioner reasonably considers necessary to identify the applicant and to determine whether the training course meets the statutory and regulatory requirements for a permit;

B. except for an air sampling course described in part 4620.3718, subpart 5, a nonrefundable application fee of $500, which is not in the form of a personal check, payable to the Minnesota Department of Health;

C. the course curriculum;

D. a copy of all course materials;

E. the examination to be used and the answer key for the examination;

F. resumes of all course instructors which include information on coursework completed as specified in part 4620.3716, subpart 3, item A;

G. a copy of all enforcement actions taken against the provider by the United States Environmental Protection Agency and any other state; and

H. an example of the diploma to be issued by the provider to course participants who complete the course and pass the examination in the event the commissioner approves the permit application.

Subp. 2. Renewal.

To obtain a renewal of a training course permit, the training course provider must submit, to be received by the commissioner at least 30 days before expiration of the current permit:

A. a completed renewal application on a form provided by the commissioner, which seeks only information the commissioner reasonably considers necessary to identify the applicant and to determine whether the training course meets the statutory and regulatory requirements for a permit;

B. except for an air sampling course described in part 4620.3718, subpart 5, a nonrefundable renewal fee of $250, which is not in the form of a personal check, payable to the Minnesota Department of Health unless the course is for air sampling as described in part 4620.3718, subpart 5; and

C. documentation of any change in the information on the training course most recently submitted by the provider under subpart 1, items C to H.

History

Statutory Authority: MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3704 Permitting Training Courses

Subpart 1. Applications other than renewal.

For an application submitted under part 4620.3702, subpart 1, the commissioner shall issue a permit for the training course if the provider has complied with part 4620.3702, subpart 1, and if the provider, training course, and diploma meet all applicable requirements in parts 4620.3708 to 4620.3722.

Subp. 2. Renewal applications.

For an application submitted under part 4620.3702, subpart 2, the commissioner shall renew the permit for the training course if:

A. the provider has complied with part 4620.3702, subpart 2;

B. the provider, training course, and diploma meet all applicable requirements in parts 4620.3708 to 4620.3722; and

C. for second and subsequent renewals of the same training course, the provider has presented the training course within the state while the permit was in effect and within two years before the date of the renewal application.

Subp. 3. Reciprocity with other states.

A training course shall be permitted by the commissioner if the course is permitted or approved by another state's asbestos regulatory program equivalent to the Minnesota Department of Health's asbestos regulatory program and if the training course provider complies with part 4620.3702, subpart 1.

Subp. 4. Denial of permit.

The commissioner shall deny an application for a training course permit if the applicant fails to comply with all applicable requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the license application and reasons for the denial; and

B. is not required to pay a second fee if the applicant submits a second training course permit application according to subpart 2, within 30 days of the receipt of notice that the training course permit has been denied.

Subp. 5. Duration of permit.

A training course permit shall be valid for one year.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3708 Training Course Diplomas

If a training course is permitted under part 4620.3704, the training course provider must ensure that each enrollee who successfully completes the training course receives an original diploma which:

A. meets the requirements of Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part C, paragraph (1), as amended through February 3, 1994;

B. indicates the location of the course; and

C. clearly states: "Approved by the State of Minnesota under Minnesota Rules, parts 4620.3702 to 4620.3722."

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3710 Advance Notice and Amendments

The training course provider must submit to the commissioner, by mail or facsimile, on a form provided by the commissioner, which is consistent with this part:

A. a notice of the date, time, location, and training course instructors of each permitted training course to be presented by the course provider, so the commissioner receives the notice at least 14 calendar days before the training course begins;

B. an amended notice for any change in the information contained in the original notice described in item A, other than an advancement of the training course date described in item C, so the commissioner receives the amended notice before the permitted training course begins;

C. an amended notice for any change in the date of the training course which advances the beginning date of the course, so the commissioner receives the amended notice at least 14 calendar days before the training course begins;

D. a notice of any change in the course curriculum or course materials submitted to the commissioner in part 4620.3702, other than the date, time, or location of the course or any information on a course instructor, so the commissioner receives the notice at least 30 calendar days before the training course begins; and

E. a notice of any change in any information submitted to the commissioner under part 4620.3702 on any training course instructor, so the commissioner receives the notice at least seven calendar days before the training course begins.

History

Statutory Authority: MS s 14.05; 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3712 Attendance Requirements

The training course provider must require participants to attend the entire training course as a condition for successful completion of the training course. A training course provider must:

A. maintain a daily sign-in log as documentation of attendance for each training course; and

B. submit a copy of the daily sign-in log to the commissioner within 48 hours of completion of the training course.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3714 Enrollment Limits

The enrollment limits of this part apply to all permitted training courses.

A. The number of participants in a class must not exceed 24.

B. For training courses which require hands-on training, the participant-to-instructor ratio for hands-on training groups must not exceed eight-to-one.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3716 Training Course Conditions

Subpart 1. General.

The course requirements in this part apply to all permitted training courses.

Subp. 2. Separation of training courses.

Asbestos worker, asbestos site supervisor, asbestos inspector, asbestos management planner, asbestos project designer, and air sampling courses must be taught separately.

Subp. 3. Training course instructors.

If all instructors for a training course meet the requirements in this subpart, the commissioner shall approve the instructors as part of any permit issued for the training course.

All training course instructors must:

A. complete coursework in teaching methods and methods of evaluation to continually monitor the participants' progress;

B. have knowledge about all subjects to be presented by the instructor; and

C. apply the methods of adult instruction described in item A.

Subp. 4. Written examinations.

All training courses must include a written examination that meets the requirements in this subpart.

A. Each training course must include a written examination that is given only at the end of the training course.

B. If the commissioner provides an applicable written examination, the training course provider must use the written examination provided by the commissioner.

C. Training course examinations must be administered by the training course provider unless notified of other arrangements in advance by the commissioner.

D. If the training course provider administers the examination, the training course provider must:

E. The training course provider must monitor the examination.

F. The written examination for an initial training course and refresher training course must incorporate questions about Minnesota law and rules related to asbestos and comply with the requirements of Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part C, paragraph (2), amended through February 3, 1994.

G. The final written examination for an initial training course and refresher training course must meet the requirements in this item. A score of at least 70 percent is required to pass any training course written examination. The initial and refresher examination for an:

H. If a participant in a worker training course is unable to read the written examination, the training course provider must arrange to administer the examination in an alternative manner to the participant.

Subp. 5. Successful completion of initial training course.

To successfully complete an initial training course, a participant must:

A. attend the entire training course;

B. demonstrate to the instructor proficiency during the hands-on portion of the course; and

C. pass a closed-book written examination that complies with subpart 4.

Subp. 6. Requirements for completion of refresher training courses.

To complete a refresher training course, the participant must:

A. attend the entire training course; and

B. pass a closed-book written examination that meets the requirements in subpart 4.

Subp. 7. Training site.

All training courses must be presented in Minnesota.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3718 Course Content and Length

Subpart 1. General.

Course content for training courses permitted by the commissioner must meet the requirements of this part.

Subp. 2. Incorporation of Minnesota law and rules.

The training course provider must incorporate all asbestos-related Minnesota law and rules into all course materials and instruction wherever the course material and instruction addresses a subject covered by Minnesota law and rules.

Subp. 3. Incorporation of new material into training course.

The training course provider must incorporate any new information into course material as required by the commissioner.

Subp. 4. Length and content of initial asbestos-related training courses.

Initial training course length and content must meet the requirements in this subpart with one day equal to eight hours including breaks and lunch. The initial training course length and content requirements for:

A. asbestos workers must meet the length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (1), amended through February 3, 1994;

B. asbestos site supervisors must meet the training course length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (2), amended through February 3, 1994;

C. asbestos inspectors must meet the initial training course length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (3), amended through February 3, 1994;

D. asbestos management planners must meet the initial training course length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (4), amended through February 3, 1994; and

E. asbestos project designers must meet the initial training course length, content, and prerequisite requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (5), amended through February 3, 1994.

Subp. 5. Length and content of air sampling training.

The initial training course for asbestos air sampling must be at least two days in length and meet the requirements in this subpart. The training must address:

A. the National Institute for Occupational Safety and Health's sampling method specified in part 4620.3597, subpart 1;

B. the sampling requirements and procedures in parts 4620.3592 to 4620.3598;

C. the sampling requirements and procedures specified in item B:

D. the Occupational Safety and Health Administration (OSHA) personal sampling requirements, procedures, and rationale, including calculation of time-weighted averages contained in Code of Federal Regulations, title 29, section 1926.1101, paragraphs (c) and (f), and appendix A, amended through September 29, 1995;

E. the Environmental Protection Agency (EPA) sampling requirements and procedures in Code of Federal Regulations, title 40, section 763.90, paragraph (i), and subpart E, appendix A, amended through April 15, 1988;

F. a comparison of the EPA, OSHA, and Minnesota air sampling requirements;

G. an introduction to analysis procedures;

H. sampling equipment calibration methods;

I. problems that may be encountered during sample collection;

J. decontamination of sampling equipment after sampling; and

K. hands-on sampling training, including;

Subp. 6. Hands-on training required.

For initial worker and site supervisor training, the course must include lectures, demonstrations, hands-on training, course review, and an examination as specified in part 4620.3716, subpart 4. The hands-on training must be at least 14 hours in length and must include:

A. demonstration by the instructor of the use of the respiratory protection devices with at least six different respirator types;

B. demonstration by the instructor and practice by each course participant of disassembly, cleaning, and reassembly of a half-face air purifying respirator and a full-face powered air purifying respirator;

C. practice by each course participant in identifying faults with half-face air purifying and full-face powered air purifying respirators with damaged or missing parts;

D. demonstration by the instructor of respirator fit checking;

E. demonstration by the instructor of respirator fit testing;

F. practice by each participant in donning full-body protective clothing;

G. demonstration by the instructor and practice by each course participant of simulated asbestos abatement of pipe insulation using a glove bag;

H. practice by each course participant constructing a decontamination unit;

I. practice by each participant constructing a containment and using a HEPA-filtered negative air machine to produce negative pressure in the containment;

J. demonstration by the instructor and practice by each participant of simulated abatement of ceiling spray-on; and

K. demonstration by the instructor and practice by each course participant of removing and replacing the filter elements in a HEPA-filtered negative air machine.

Subp. 7. Annual refresher courses.

Annual refresher courses for asbestos project designers, asbestos management planners, asbestos inspector, asbestos site supervisors, and asbestos workers must:

A. meet the refresher course length and content specified in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part D, amended through February 3, 1994;

B. include a review of the topics covered in an initial training course as specified in subpart 5; and

C. comply with part 4620.3716, subpart 6.

Subp. 8. Time limits for training courses.

If extra time is required to complete the prescribed instruction of a permitted training course or to add subjects not prescribed for the training course, the course may be extended if:

A. instruction is not more than eight hours per day, including lunch and other breaks; and

B. the training course is held no more than five successive days.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3720 Record Keeping for Training Course Providers

Each provider of a permitted training course must comply with this part.

A. If the commissioner requests any or all of the documents described in item B, the provider must submit the requested documents so the commissioner receives them within seven calendar days of the commissioner's request.

B. For each permitted training course, the provider must keep for six years:

C. If a training course provider ceases to conduct training, the training course provider must notify the commissioner and give the commissioner the training records within 60 days of ceasing to provide training.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3722 Training Course Approval Before July 1, 1996

The provider of a training course which has full approval from the commissioner before July 1, 1996, may apply for renewal under part 4620.3702, subpart 2, no later than 30 days before the expiration date of the approval.

A. The provider of a training course which has provisional approval from the commissioner before July 1, 1996, may apply for a renewal permit under part 4620.3702, subpart 2, no later than 90 days after July 1, 1996.

B. All provisional approvals shall expire 91 days after July 1, 1996.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3724 Variance

The commissioner may grant a variance to part 4620.3710, item A, and, where space limitations prevent compliance with the specified requirements or where compliance with the specified requirements would create a greater hazard, to parts 4620.3566, 4620.3567, 4620.3568, subparts 1 to 4, 4620.3569, 4620.3571, subparts 1 and 2, and 4620.3575, subpart 3. A variance shall be considered only according to the procedures and criteria in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 144.05; 326.70 to 326.81
History: 20 SR 2765

Minn. R. 4620.3900 Purpose

The purpose of parts 4620.3900 to 4620.4800 is to protect public health by ensuring acceptable air quality in the operation and maintenance of indoor ice arenas.

History

Statutory Authority: MS s 144.05; 144.12; 144.1222
History: 37 SR 1663

Minn. R. 4620.3910 Application

Parts 4620.3900 to 4620.4800 apply to owners or operators of indoor ice arenas.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.3950 Acceptable Air Quality

The owner or operator of an indoor ice arena must maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public. Such conditions are defined as: one-hour average air concentration of not more than 20 parts of carbon monoxide per one million parts of air by volume (20 ppm), and one-hour average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of air by volume (0.3 ppm).

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.4000 Definitions

Subpart 1. Scope.

For the purposes of parts 4620.3900 to 4620.4800, the following terms shall have the meanings given them.

Subp. 1a. Air quality measuring device.

"Air quality measuring device" means direct-read pump and colorimetric tube or electronic real-time gas detection equipment for sampling and measuring nitrogen dioxide and carbon monoxide air concentrations.

Subp. 2.

[Repealed, 37 SR 1663]

Subp. 3.

[Repealed by amendment, L 1977 c 305 s 39]

Subp. 3a. Arena.

"Arena" means an indoor ice arena.

Subp. 3b. Arena building.

"Arena building" means a structure with a roof and walls that houses an indoor ice arena.

Subp. 4. Certificate.

"Certificate" means a certificate of approval issued by the commissioner under parts 4620.3900 to 4620.4800.

Subp. 5.

[Repealed, 37 SR 1663]

Subp. 5a. Commissioner.

"Commissioner" means the commissioner of health or the commissioner's designee.

Subp. 5b. Edging.

"Edging" means operation of an ice edger.

Subp. 6.

[Repealed, 37 SR 1663]

Subp. 7.

[Repealed, 37 SR 1663]

Subp. 7a. Ice edger.

"Ice edger" means power equipment used to modify the perimeter of an ice sheet.

Subp. 7b. Ice maintenance machine.

"Ice maintenance machine" means an ice resurfacer or ice edger.

Subp. 7c. Ice resurfacer.

"Ice resurfacer" means power equipment used to modify the entire surface of the ice.

Subp. 7d. Indoor ice arena.

"Indoor ice arena" means a single room of a permanent or temporary structure where an ice sheet is maintained having the following characteristics:

A. the room has a roof;

B. the room is bounded by walls, doorways, or windows, whether open or closed; and

C. the walls, doorways, or windows cover more than 50 percent of the combined surface area of the vertical planes that make up the room's perimeter (sides).

Subp. 7e. Operator.

"Operator" means the person designated by the owner as responsible to operate and maintain the indoor ice arena.

Subp. 7f. Owner.

"Owner" means the person having legal title to the indoor ice arena or the owner's legally authorized representative.

Subp. 8. Person.

"Person" means any natural individual, corporation, partnership, or other business association and includes the state and its political subdivisions.

Subp. 8a. Responsible person.

"Responsible person" means the individual authorized by the operator to ensure acceptable air quality conditions in the arena.

Subp. 9. Resurfacing.

"Resurfacing" means operation of an ice resurfacer.

History

Statutory Authority: MS s 144.05; 144.12; 144.1222
History: L 1977 c 305 s 39; 37 SR 1663

Minn. R. 4620.4100 Certificate of Approval

Subpart 1. Applicability.

No person may own or operate an indoor ice arena unless the commissioner issues the person a certificate.

Subp. 2. Certificate application.

Applications for a certificate must be submitted on forms prescribed by the commissioner. An application must be submitted:

A. annually, by owners or operators of all existing indoor ice arenas; and

B. at least 30 days before owners or operators open new indoor ice arenas to the public.

Subp. 3. Certificate issuance.

The commissioner must issue a certificate under subpart 2, if the commissioner determines that the owner or operator has complied with parts 4620.3900 to 4620.4800 and demonstrated the ability to maintain acceptable air quality conditions in the arena building.

Subp. 4. Certificate expiration and renewal.

A certificate issued under this part expires one year from the date of issue.

A. Owners or operators must apply for renewal on forms prescribed by the commissioner at least 30 days before a certificate expires.

B. If a certificate expires while a renewal application is pending approval, the arena may continue to operate under the expired certificate until the commissioner issues a new certificate or denies the renewal application.

Subp. 5. Posting of certificate.

The certificate must be prominently displayed in a location that is clearly visible to the public.

History

Statutory Authority: MS s 144.05; 144.12; 144.1222
History: L 1977 c 305 s 39; 37 SR 1663

Minn. R. 4620.4200 [Repealed, 37 SR 1663]

[Repealed, 37 SR 1663]

Minn. R. 4620.4300 [Repealed, 37 SR 1663]

[Repealed, 37 SR 1663]

Minn. R. 4620.4400 [Repealed, 37 SR 1663]

[Repealed, 37 SR 1663]

Minn. R. 4620.4450 Training

Subpart 1. Requirements.

The owner or operator must ensure that a trained responsible person is available in the arena building at all times that the arena is open to the public. Training must:

A. be appropriate for the trainee's level of responsibility in operating the arena;

B. be performed annually;

C. include the following topics:

D. be documented.

Subp. 2. Documentation.

Trainees must acknowledge, with their written signature, that they have received training meeting the requirements of this part. Owners or operators must maintain the written acknowledgment according to part 4620.4650.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.4500 [Repealed, 37 SR 1663]

[Repealed, 37 SR 1663]

Minn. R. 4620.4510 Measurement of Air Quality Conditions

Subpart 1. Measuring air quality.

Owners or operators of indoor ice arenas must measure carbon monoxide and nitrogen dioxide air concentrations in each arena when internal combustion engine-powered ice maintenance equipment is used.

Subp. 2. Persons who can take measurements.

Measurements must be made by an individual who has received training as specified in part 4620.4450.

Subp. 3. Measurements for ice resurfacing.

Owners or operators must measure air concentrations at least twice per week after using an internal combustion engine-powered ice resurfacer. Measurements must be taken:

A. at board height, inside the boards, and at the centerline of the ice;

B. 20 minutes after completing resurfacing unless the commissioner has granted the operator approval to measure under an alternative schedule;

C. at times of maximum use of the resurfacing machine; and

D. at least once on Saturday or Sunday of each week that the arena is open to the public.

Subp. 4. Measurements for ice edging.

A. Owners or operators must measure air concentrations at least once per week after using an internal combustion engine-powered ice edger. Measurements must be taken following a time of maximum ice edger use at board height, inside the boards, and at the centerline of the ice:

B. Owners or operators may measure under an alternative schedule if the commissioner has approved one.

Subp. 5. Measurement records.

Owners or operators must keep a record of measurement findings and make them available to the commissioner upon request.

Subp. 6. Additional measurements.

Owners or operators must make additional measurements as determined by the commissioner.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.4550 Air Quality Measuring Devices

Subpart 1. Device requirements.

The owner or operator must demonstrate that the device and methods used to measure air quality conditions are accurate and reliable. Air quality measuring devices must be:

A. capable of measuring carbon monoxide air concentrations in a range from 0 to 100 parts per million (ppm) in increments of 1 ppm; or

B. capable of measuring nitrogen dioxide air concentrations in a range from 0 to 5 parts per million (ppm) in increments of 0.1 ppm.

Subp. 2. Maintenance.

The owner or operator must operate, store, maintain, and calibrate the devices according to the device manufacturer's specifications. The owner or operator must also keep maintenance and calibration records.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.4600 Failure to Maintain Air Quality

Subpart 1. Corrective action necessary.

The owner or operator must take immediate corrective action when measurements of more than 20 ppm of carbon monoxide or more than 0.3 ppm of nitrogen dioxide are made in an area of the arena building that is open to the public. Corrective action must include:

A. increasing the ventilation rate immediately; and

B. suspending internal combustion-powered equipment use. The owner or operator must continue corrective action until measurements show not more than 20 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide in all areas of the arena building that are open to the public.

Subp. 2. Follow-up testing.

The owner or operator must conduct and document the following air quality tests to confirm the effectiveness of the corrective action:

A. at 20-minute intervals until measurements show not more than 20 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide;

B. 20 minutes after the next five uses of ice maintenance equipment; and

C. at least once per day for the subsequent three days of arena operation.

Subp. 3. Report.

Whenever corrective action is required under subpart 1, the owner or operator must submit a report to the commissioner within five business days that includes:

A. an explanation of why corrective action was necessary;

B. a description of the immediate corrective actions that were taken;

C. a record of all air quality tests required by subpart 2; and

D. an action plan to prevent a reoccurrence.

Subp. 4. Arena evacuation necessary.

A. The owner or operator must evacuate an area of the arena building whenever:

B. When evacuation becomes necessary, the owner or operator must:

C. The evacuated areas may only be reoccupied by the public after an evacuation under item A if:

History

Statutory Authority: MS s 144.05; 144.12; 144.1222
History: L 1977 c 305 s 39; 37 SR 1663

Minn. R. 4620.4650 Record Keeping

The owner or operator must keep a record-keeping log to maintain all documentation required by parts 4620.3900 to 4620.4600.

A. Documents that must be maintained in the record-keeping log are:

B. The record-keeping log must be kept in the arena building and be available for public and commissioner review during all hours that the arena building is open to the public.

C. Required documents must be retained for at least three years.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.4700 Other Fuel-Burning Equipment

Subpart 1. Notification required.

The owner or operator must notify the commissioner when using equipment other than ice maintenance machines for operating or maintaining the ice arena, if that equipment is capable of producing carbon monoxide or nitrogen dioxide and is not directly vented to the outdoors.

Subp. 2. Notification process.

The owner or operator must notify the commissioner by:

A. providing the department with a list of such equipment that the owner or operator proposes to use in its annual certificate application; and

B. notifying the commissioner by telephone or in writing before using other fuel-burning equipment in the arena if the equipment was not included in its annual submission to the commissioner.

Subp. 3. Air quality measurement.

The owner or operator must ensure acceptable air quality in the arena building when using other fuel-burning equipment by measuring the air quality conditions and reporting as the commissioner directs, depending upon the specific type of activity to be conducted in the building.

History

Statutory Authority: MS s 144.05; 144.12; 144.1222
History: L 1977 c 305 s 39; 37 SR 1663

Minn. R. 4620.4800 Enforcement

Violations of the requirements of parts 4620.3900 to 4620.4700 shall constitute grounds for the commissioner to take one or more of the enforcement actions in Minnesota Statutes, sections 144.989 to 144.993, subject to the notice and appeal provisions set forth in applicable law.

History

Statutory Authority: MS s 144.05; 144.12; 144.1222
History: L 1977 c 305 s 39; 37 SR 1663

Minn. R. 4620.4900 Variance to Rules Relating to Indoor Ice Arenas

The commissioner shall grant variances to parts 4620.3900 to 4620.4800, except part 4620.3950, only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 14.05; 144.1222
History: 15 SR 1597; 37 SR 1663

Minn. R. 4620.5000 Purpose

The purpose of parts 4620.5000 to 4620.5900 is to protect public health by ensuring acceptable air quality in the operation and maintenance of indoor motorsports arenas.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5100 Application

Parts 4620.5000 to 4620.5900 apply to owners or operators of indoor motorsports arenas.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5200 Acceptable Air Quality

The owner or operator of an indoor motorsports arena must maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public. Such conditions are defined as: one-hour average air concentrations of not more than 30 parts of carbon monoxide per one million parts of air by volume (30 ppm), and one-hour average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of air by volume (0.3 ppm).

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5300 Definitions

Subpart 1. Scope.

For the purposes of parts 4620.5000 to 4620.5900, the following terms have the meanings given them.

Subp. 2. Air quality measuring device.

"Air quality measuring device" means direct-read pump and colorimetric tube or electronic real-time gas detection equipment for sampling and measuring nitrogen dioxide or carbon monoxide air concentrations.

Subp. 3. Arena.

"Arena" means an indoor motorsports arena.

Subp. 4. Arena building.

"Arena building" means a structure with a roof and walls that houses an indoor motorsports arena.

Subp. 5. Certificate.

"Certificate" means a certificate of approval issued by the commissioner under parts 4620.5000 to 4620.5900.

Subp. 6. Commissioner.

"Commissioner" means the commissioner of health or the commissioner's designee.

Subp. 7. Event manager.

"Event manager" means the person who organizes or directs a special indoor motorsports event.

Subp. 8. Indoor motorsports arena.

"Indoor motorsports arena" means a single room of a permanent or temporary structure where motorsports are operated having the following characteristics:

A. the room has a ceiling;

B. the room is bounded by walls, doorways, or windows, whether open or closed; and

C. the walls, doorways, or windows cover more than 50 percent of the combined surface area of the vertical planes that make up the room's perimeter (sides).

Subp. 9. Motorsports vehicle.

"Motorsports vehicle" means an internal combustion engine-powered vehicle used for recreation, racing, competition, or demonstration.

Subp. 10. Operating hours.

"Operating hours" means the time period that the indoor motorsports arena building is open to the public and motorsports vehicles are being used in the arena.

Subp. 11. Operator.

"Operator" means the person designated by the owner as responsible to operate and maintain the indoor motorsports arena.

Subp. 12. Owner.

"Owner" means the person having legal title to the arena building or the owner's legally authorized representative.

Subp. 13. Person.

"Person" means any natural individual, corporation, partnership, or other business association and includes the state and its political subdivisions.

Subp. 14. Responsible person.

"Responsible person" means the individual authorized by the operator to ensure acceptable air quality conditions in the arena building.

Subp. 15. Special indoor motorsports event.

"Special indoor motorsports event" means a single event where motorsports vehicles are operated in an arena.

Subp. 16. Spectator.

"Spectator" means a member of the public present in the arena building who is not a motorsports vehicle driver or rider or an actively working employee.

Subp. 17. Spectator area.

"Spectator area" means that part of the indoor motorsports arena building where spectators are allowed to assemble.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5400 Certificate of Approval

Subpart 1. Applicability.

No person shall own or operate an indoor motorsports arena unless the commissioner issues the person a certificate.

Subp. 2. Certificate application.

Applications for a certificate must be submitted on forms prescribed by the commissioner. An application must be submitted:

A. annually, by owners or operators of existing indoor motorsports arenas;

B. at least 30 days before owners or operators open new indoor motorsports arenas to the public; and

C. at least 30 days before the arena owners or operators and the event manager begin a special indoor motorsports event.

Subp. 3. Certificate issuance.

A. The commissioner must issue a certificate under subpart 2, item A or B, if the commissioner determines that the owner or operator has complied with parts 4620.5000 to 4620.5900 and demonstrated the ability to maintain acceptable air quality conditions in the arena building.

B. The commissioner shall issue a certificate granting approval to hold a special indoor motorsports event if the owner or operator meets the requirements of item A and:

Subp. 4. Certificate expiration and renewal.

A certificate issued under this part expires one year from the date of issue, except that a certificate for a special indoor motorsports event expires as the certificate describes.

A. Owners or operators shall apply for renewal on forms prescribed by the commissioner at least 30 days before a standard certificate expires.

Subp. 5. Posting of certificate.

The certificate must be prominently displayed in a location that is clearly visible to the public.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5500 Training

Subpart 1. Requirements.

The owner or operator must ensure that a trained responsible person is available in the arena building at all times that the arena is open to the public. Training must:

A. be appropriate for the trainee's level of responsibility in operating the arena;

B. be performed annually;

C. include the following topics:

D. be documented.

Subp. 2. Documentation.

Trainees shall acknowledge, with their written signature, that they have received training meeting the requirements of this part. The written acknowledgment shall be maintained according to part 4620.5800.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5600 Measurement of Air Quality Conditions

Subpart 1. Measuring air quality.

Owners or operators of indoor motorsports arenas must measure carbon monoxide and nitrogen dioxide air concentrations in each indoor motorsports arena as directed by the commissioner.

Subp. 2. Persons who can take measurements.

Measurements must be made by an individual who has received training as specified in part 4620.5500.

Subp. 3. Measurement requirements.

A. Owners and operators must measure nitrogen dioxide air concentrations as the commissioner directs depending on the specific type of activity to be conducted in the arena.

B. Owners and operators must measure carbon monoxide air concentrations in each indoor motorsports arena building as follows:

Subp. 4. Measurement records.

Owners or operators must keep a record of measurement findings and make it available to the commissioner upon request.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5650 Air Quality Measuring Devices

Subpart 1. Device requirements.

The owner or operator must demonstrate that the devices and methods used to measure air quality conditions are accurate and reliable. Air quality measuring devices must be:

A. capable of measuring carbon monoxide air concentrations in a range from 0 to at least 100 parts per million (ppm) in increments of 1 ppm; or

B. capable of measuring nitrogen dioxide air concentrations in a range from 0 to at least 5 ppm in increments of 0.1 ppm.

Subp. 2. Maintenance.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5700 Failure to Maintain Air Quality

Subpart 1. Corrective action necessary.

The owner or operator must take immediate corrective action when measurements of more than 30 ppm of carbon monoxide or more than 0.3 ppm of nitrogen dioxide are made for more than 15 minutes in an area of the arena building that is open to the public. Corrective action must include:

A. increasing the ventilation rate immediately; and

B. suspending internal combustion-powered equipment use, if carbon monoxide measurements remain in excess of 30 ppm or nitrogen dioxide measurements remain in excess of 0.3 ppm for more than one hour after an original exceeding measurement. The owner or operator must continue corrective action until measurements show not more than 30 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide in all areas of the arena building that are open to the public.

Subp. 2. Follow-up testing.

The owner or operator must conduct and document the following air quality tests to confirm the effectiveness of the corrective actions:

A. at 15-minute intervals until measurements show not more than 30 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide; and

B. at 15-minute intervals for at least one hour per day for the subsequent three days of arena operation.

Subp. 3. Report.

Whenever the conditions of subpart 1 occur, the owner or operator must submit a report to the commissioner within five business days that includes:

A. an explanation of why corrective action was necessary;

B. a description of the immediate corrective actions that were taken;

C. a record of all air quality tests required by subpart 2; and

D. an action plan to prevent a recurrence.

Subp. 4. Arena evacuation necessary.

A. The owner or operator must evacuate an area of the arena building whenever:

B. When evacuation becomes necessary, the owner or operator must:

C. Evacuated areas may only be reoccupied by the public after an evacuation under item A if:

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5800 Record Keeping

The owner or operator must keep a record-keeping log to maintain all documentation according to parts 4620.5000 to 4620.5900.

A. Documents that must be maintained in the record-keeping log are:

B. The record-keeping log must be kept in the arena building and be available for public and commissioner review during all hours that the arena building is open to the public.

C. Required documents must be retained for at least three years.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5900 Enforcement

Violations of the requirements of parts 4620.5000 to 4620.5800 shall constitute grounds for the commissioner to take one or more of the enforcement actions in Minnesota Statutes, sections 144.989 to 144.993, subject to the notice and appeal provisions set forth in applicable law.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.5950 Variance to Rules Relating to Indoor Motorsports Arenas

The commissioner shall grant variances to parts 4620.5000 to 4620.5900, except part 4620.5200, only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 144.1222
History: 37 SR 1663

Minn. R. 4620.7000 Purpose

The purpose of parts 4620.7000 to 4620.7950 is to protect public health by establishing licensing requirements and work practices that ensure radon measurement and radon mitigation are performed in a manner that minimizes the public's exposure to radon gas.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7050 Applicability

Parts 4620.7000 to 4620.7950 apply to any person who performs a service for compensation to detect the presence of radon in the indoor atmosphere, performs laboratory analysis of radon measurement samples, or performs a service to mitigate radon in the indoor atmosphere. Parts 4620.7000 to 4620.7950 also apply to radon mitigation systems installed on or after January 1, 2019.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7100 Definitions

Subpart 1. Scope.

For the purposes of parts 4620.7000 to 4620.7950, the terms defined in this part have the meanings given them.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of health or the commissioner's designee.

Subp. 3. Continuous monitor.

"Continuous monitor" means a radon measurement device that requires an electrical power source and is capable of charting radon concentration fluctuations throughout the course of a given measurement period.

Subp. 4. Foundation type.

"Foundation type" means basement, crawl space, slab-on-grade, or any other construction technique approved by local building code.

Subp. 5. Measurement professional.

"Measurement professional" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 8, paragraph (a), clause (1). Radon testing includes the act of an individual placing and retrieving a radon test device.

Subp. 6. Mitigation.

"Mitigation" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 2, paragraph (b).

Subp. 7. Mitigation company.

"Mitigation company" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 8, paragraph (a), clause (3).

Subp. 8. Mitigation professional.

"Mitigation professional" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 8, paragraph (a), clause (2).

Subp. 9. Mitigation system tag or system tag.

"Mitigation system tag" or "system tag" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 8, paragraph (a), clause (5).

Subp. 10. Mitigation technician.

"Mitigation technician" means an employee or subcontractor who is supervised by a licensed radon professional when installing a radon mitigation system.

Subp. 11. National radon proficiency program (NRPP).

"National radon proficiency program" or "NRPP" means a radon proficiency listing, accrediting, and certifying program for radon measurement and mitigation professionals, radon laboratories, radon measurement devices, and radon chambers formerly recognized by the United States Environmental Protection Agency (EPA) as being equal to the EPA's National Radon Proficiency Program.

Subp. 12. On-site supervision.

"On-site supervision" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 8, paragraph (a), clause (2).

Subp. 13. Passive device.

"Passive device" means a radon measurement device that is analyzed by a radon analysis laboratory.

Subp. 14. Quality assurance.

"Quality assurance" means all activities required to provide the evidence needed to establish confidence that data provided are of the required precision and accuracy.

Subp. 15. Quality control.

"Quality control" means the process through which an organization measures its performance, compares the performance with standards, and acts on any differences.

Subp. 16. Radon.

"Radon" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 2, paragraph (c).

Subp. 17. Radon analysis laboratory.

"Radon analysis laboratory" has the meaning given in Minnesota Statutes, section 144.4961, subdivision 8, paragraph (a), clause (4).

Subp. 18. Radon measurement.

"Radon measurement" means testing to determine the presence and concentration of radon in a building.

Subp. 19. Radon sample analysis.

"Radon sample analysis" means determining the presence and concentration of radon in a passive device.

Subp. 20. Responsible individual.

"Responsible individual" means an individual who has the authority to represent a radon mitigation company in all matters related to a radon mitigation company license.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7200 Radon Measurement Professional License

Subpart 1. General requirements.

An individual who performs radon measurement work must be licensed by the commissioner as a radon measurement professional under this part. A radon measurement professional license is not transferable.

Subp. 2. Training requirements; initial license.

To be eligible for an initial license as a radon measurement professional, an applicant must:

A. complete an initial radon measurement training course approved by the commissioner under part 4620.7700; and

B. pass a radon measurement examination approved by the commissioner under part 4620.7700.

Subp. 3. Initial license application.

An applicant for an initial radon measurement professional license must submit to the commissioner:

A. a completed application on a form provided by the commissioner;

B. a nonrefundable annual fee according to Minnesota Statutes, section 144.4961, subdivision 8, payable to the Department of Health;

C. documentation that the applicant completed initial radon measurement training required under subpart 2;

D. documentation that the applicant passed a radon measurement training course exam as described in subpart 2;

E. a quality control and quality assurance plan for radon measurement based on the United States Environmental Protection Agency National Radon Proficiency Program Guidance on Quality Assurance;

F. the type, manufacturer, and model of all continuous monitors that the applicant intends to use to measure radon; and

G. the type and manufacturer of all passive devices that the applicant intends to use to measure radon.

Subp. 4. Expiration; renewal; continuing education.

A. A radon measurement professional license is valid for one year from the date of issuance.

B. A radon measurement professional may apply to renew a license after completing eight hours of continuing education approved by the commissioner under part 4620.7700.

C. To renew an expired license, an applicant must submit a renewal application by submitting the information required under subpart 5 and must:

Subp. 5. Renewal application.

A. An individual choosing to renew a radon measurement professional license must submit to the commissioner at least 30 days before the license expires:

B. A radon measurement professional must complete eight hours of continuing education approved by the commissioner under part 4620.7700 within 11 months after the date the radon measurement professional license first expires. Continuing education hours may be accrued beginning in the month immediately after they are reported and must be reported annually with the license application thereafter.

C. If a license expires while a renewal application is pending approval, the radon measurement professional may continue to perform regulated radon measurement activities under the expired license until the commissioner issues a new license or denies the renewal application.

Subp. 6. Denial of license application.

A. The commissioner shall deny an application for a radon measurement professional license according to Minnesota Statutes, section 144.99, subdivision 8, or if the applicant fails to comply with the requirements of subpart 2, 3, 4, or 5.

B. If the commissioner denies an application, the commissioner:

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7250 Radon Mitigation Company License

Subpart 1. General requirements.

A. A business or government entity that employs individuals to perform regulated radon mitigation work must be licensed by the commissioner as a radon mitigation company.

B. A radon mitigation company must employ or contract with a responsible individual who is licensed as a radon mitigation professional.

C. A radon mitigation company license is not transferable.

Subp. 2. License application.

An applicant for a radon mitigation company license must submit to the commissioner:

A. a completed application on a form provided by the commissioner;

B. a nonrefundable annual fee according to Minnesota Statutes, section 144.4961, subdivision 8, payable to the Department of Health;

C. evidence of workers' compensation insurance as required by Minnesota Statutes, section 176.182, unless the applicant is exempt from the requirements under Minnesota Statutes, chapter 176. If the applicant is exempt from the requirements under Minnesota Statutes, chapter 176, the applicant must submit a letter that is signed and dated stating why the applicant is exempt;

D. the name and license number of the responsible individual; and

E. the names and license numbers of all licensed mitigation professionals employed or subcontracted by the radon mitigation company.

Subp. 3. License expiration and renewal.

A. A license issued under this part is valid for one year from the date of issuance.

B. A licensed radon mitigation company may renew its license annually by submitting the information and fee required under subpart 2.

C. The renewal application must be received by the commissioner at least 30 days before the expiration date on the current license.

D. If a license expires while a renewal application is pending approval, the radon mitigation company may continue to employ individuals to perform regulated radon mitigation activities under the expired license until the commissioner issues a new license or denies the renewal application.

Subp. 4. Denial of license application.

A. The commissioner shall deny an application for a radon mitigation company license according to Minnesota Statutes, section 144.99, subdivision 8, or if the applicant fails to comply with the requirements of subpart 2 or 3.

B. If the commissioner denies an application, the commissioner:

Subp. 5. Change in responsible individual.

If the responsible individual no longer serves in that capacity, the company must provide a written notice to the commissioner within 30 days of a change in the responsible individual that:

A. identifies the new responsible individual by name and radon mitigation professional license number;

B. is signed by the new responsible individual; and

C. provides the date when the new responsible individual assumed the duties of the position.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7300 Radon Mitigation Professional License

Subpart 1. General requirements.

An individual who performs radon mitigation work must be licensed by the commissioner as a radon mitigation professional under this part. A radon mitigation professional license is not transferable.

Subp. 2. Training requirements; initial license.

To be eligible for an initial license as a radon mitigation professional, an applicant must:

A. complete an initial radon measurement course approved by the commissioner under part 4620.7700;

B. pass a radon measurement examination approved by the commissioner under part 4620.7700;

C. complete an initial radon mitigation course approved by the commissioner under part 4620.7700; and

D. pass a radon mitigation examination approved by the commissioner under part 4620.7700.

Subp. 3. Initial license application.

An applicant for an initial radon mitigation professional license must submit to the commissioner:

A. a completed application on a form provided by the commissioner;

B. a nonrefundable annual fee according to Minnesota Statutes, section 144.4961, subdivision 8, payable to the Department of Health;

C. documentation that the applicant completed radon training courses under subpart 2;

D. documentation that the applicant passed radon training course examinations under subpart 2;

E. a quality control and quality assurance plan for radon measurement based on the United States Environmental Protection Agency National Radon Proficiency Program Guidance on Quality Assurance;

F. the type, manufacturer, and model of all continuous monitors that the applicant intends to use to measure radon; and

G. the type and manufacturer of all passive devices that the applicant intends to use to measure radon.

Subp. 4. Expiration; renewal; continuing education.

A. A radon mitigation professional license is valid for one year from the date of issuance.

B. A licensed radon mitigation professional may apply to renew a license after completing 12 hours of continuing education approved by the commissioner under part 4620.7700.

C. To renew an expired license, an applicant must submit a renewal application by submitting the information required under subpart 5 and:

Subp. 5. Renewal application.

A. An individual choosing to renew a radon mitigation professional license must submit to the commissioner at least 30 days before the license expires:

B. A radon mitigation professional must complete 12 hours of continuing education approved by the commissioner under part 4620.7700 within 11 months after the date the radon mitigation professional license first expires. Continuing education hours may be accrued beginning in the month immediately after they are reported and must be reported annually with the license application thereafter.

C. If a license expires while a renewal application is pending approval, the radon mitigation professional may continue to perform regulated radon mitigation activities under the expired license until the commissioner issues a new license or denies the renewal application.

Subp. 6. Denial of license application.

A. The commissioner shall deny an application for a radon mitigation professional license according to Minnesota Statutes, section 144.99, subdivision 8, or if the applicant fails to comply with the requirements of subpart 2, 3, 4, or 5.

B. If the commissioner denies an application, the commissioner:

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7350 Radon Analysis Laboratory License

Subpart 1. General requirements.

A business or government entity that performs radon sample analysis must be licensed by the commissioner as a radon analysis laboratory under this part. A radon analysis laboratory license is not transferable.

Subp. 2. Application for license.

An applicant for a radon analysis laboratory license must submit to the commissioner:

A. a completed application on a form provided by the commissioner;

B. a nonrefundable annual fee according to Minnesota Statutes, section 144.4961, subdivision 8, payable to the Department of Health;

C. evidence of workers' compensation insurance as required by Minnesota Statutes, section 176.182, or if the applicant is exempt from the requirements under Minnesota Statutes, chapter 176, the applicant must submit a letter that is signed and dated stating why the applicant is exempt;

D. the applicant's current national radon proficiency program approval numbers and expiration dates;

E. the name, model, and NRPP approval number of all passive devices analyzed;

F. all analysis data from the previous year related to radon measurement samples taken from buildings located in Minnesota;

G. a radon sample analysis quality assurance and quality control plan; and

H. proof of:

Subp. 3. License expiration and renewal.

A. A license issued under this part is valid for one year from the date of issuance.

B. A licensed radon analysis laboratory may renew its license annually by submitting the information required under subpart 2.

C. The renewal application must be received by the commissioner at least 30 days before the expiration date on the existing license.

D. If a license expires while a renewal application is pending approval, the radon analysis laboratory may continue to perform regulated radon sample analysis activities under the expired license until the commissioner issues a new license or denies the renewal application.

Subp. 4. Denial of license application.

A. The commissioner shall deny an application for a radon analysis laboratory license according to Minnesota Statutes, section 144.99, subdivision 8, or if the applicant fails to comply with the requirements of subpart 2.

B. If the commissioner denies an application, the commissioner must:

Subp. 5. Quality assurance manager.

A. A licensed radon analysis laboratory must at all times employ or contract with a quality assurance manager who represents the radon analysis laboratory.

B. If the quality assurance manager identified on the current radon analysis laboratory license no longer serves in that capacity, the laboratory must provide a written notice to the commissioner within 30 days of the change in the quality assurance manager that:

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7400 Standards of Conduct

Subpart 1. Radon measurement and radon mitigation professional standards.

A radon measurement professional and a radon mitigation professional must:

A. operate according to a quality assurance and quality control plan submitted to the commissioner under parts 4620.7200 and 4620.7300;

B. use a continuous monitor or passive device approved by a national radon proficiency program;

C. notify the commissioner in writing within 30 days of any change to the license application information provided under parts 4620.7200 and 4620.7300;

D. maintain proof of a valid license issued under this chapter at all times while at a project site;

E. use the services of a radon laboratory licensed by the commissioner under part 4620.7350 to analyze radon samples;

F. maintain records for three years of each radon test performed;

G. maintain radon measurement device calibration records for three years. Device calibration records include the:

H. not interfere with the commissioner's inspection or audit of any radon measurement or mitigation project.

Subp. 2. Radon mitigation company and sole proprietor radon mitigation professional standards.

A radon mitigation company and a radon professional engaged as a sole proprietor with no employees and no subcontractors who are licensed radon mitigation professionals must:

A. verify that employees directly involved in radon mitigation complete an NRPP-approved training course or a minimum of eight hours of basic mitigation training provided by a licensed radon mitigation professional. The training must be:

B. maintain a record of training required under item A for three years;

C. verify that all of its mitigation professionals, employees, and subcontractors comply with parts 4620.7000 to 4620.7950;

D. verify that radon mitigation is performed with on-site supervision of a licensed mitigation professional;

E. maintain records for three years of each radon mitigation performed, including records required under parts 4620.7500 and 4620.7600, subpart 2;

F. notify the commissioner in writing within 30 days of any change to the license application information provided under part 4620.7250; and

G. obtain a permit from the local unit of government when the installation of a radon mitigation system alters any structural component of the building framing system. A permit is not required when only the rim joist area is penetrated.

Subp. 3. Radon analysis laboratory standards.

An approved radon analysis laboratory must:

A. maintain current documentation required under part 4620.7350;

B. maintain the certification status of a national radon proficiency program;

C. notify the commissioner in writing within 30 days of any change to the license application information provided under part 4620.7350; and

D. maintain the status requirement of part 4620.7350, subpart 2, item H. If status is no longer current, the commissioner shall suspend the radon laboratory license under Minnesota Statutes, section 144.99, subdivision 9.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7500 Incorporation by Reference; Required Work Practices for Radon Measurement and Mitigation and Measurement Devices

A. This part indicates documents, specifications, methods, and standards that are incorporated by reference in parts 4620.7000 to 4620.7900. This material is amended from time to time and is available from the source listed and for loan or inspection from the Department of Health. The requirements of the standards or the successor requirements of the standards in this section must be followed for all radon-related work conducted in Minnesota.

B. Radon measurement professionals and radon mitigation professionals measuring radon in single-family residences must:

C. Radon measurement professionals and radon mitigation professionals measuring radon in multifamily buildings must comply with ANSI/AARST Standard: Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings (ANSI/AARST MAMF-2017) or successor ANSI/AARST standards.

D. Radon measurement professionals and radon mitigation professionals measuring radon in schools and large buildings must comply with ANSI/AARST Protocol for Conducting Measurements of Radon and Radon Decay Products in Schools and Large Buildings (ANSI/AARST MALB-2014) or successor ANSI/AARST standards.

E. Radon mitigation professionals performing radon mitigation in houses must comply with Soil Gas Mitigation Standards for Existing Homes (ANSI/AARST SGM-SF-2017) or successor ANSI/AARST standards.

F. Radon mitigation professionals performing radon mitigation in multifamily buildings must comply with ANSI/AARST Radon Mitigation Standards for Multifamily Buildings (ANSI/AARST RMS-MF-2018) or successor ANSI/AARST standards.

G. Radon mitigation professionals performing radon mitigation in schools and large buildings must comply with ANSI/AARST Radon Mitigation Standards for Schools and Large Buildings (ANSI/AARST RMS-LB-2018) or successor ANSI/AARST standards.

H. Radon measurement device performance requirements are the ANSI/AARST Performance Specifications for Instrumentation Systems Designed to Measure Radon Gas in Air (ANSI/AARST MS-PC-2015) or successor ANSI/AARST standards.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7600 Radon System Tag Requirements

Subpart 1. Purchasing tags.

A. A radon mitigation company must purchase radon system tags by:

B. A radon mitigation professional engaged as a sole proprietor with no employees and no subcontractors who are licensed radon mitigation professionals may purchase radon system tags as required in this subpart, without becoming a licensed radon mitigation company.

Subp. 2. Postmitigation checklist.

A radon mitigation professional must complete a postmitigation checklist, on a form provided by the commissioner, before attaching a radon system tag.

Subp. 3. Attaching tags.

A radon mitigation professional must attach a radon system tag to a radon system:

A. in a location:

B. on the date of project completion.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7700 Approval of Initial Training and Continuing Education Courses

Subpart 1. Initial training.

The commissioner shall approve an initial radon:

A. measurement training course approved by a national radon proficiency program;

B. measurement course exam approved by a national radon proficiency program;

C. mitigation training course approved by a national radon proficiency program; and

D. mitigation course exam approved by a national radon proficiency program.

Subp. 2. Preapproved continuing education courses.

A. Any continuing education course currently approved by a national radon proficiency program meets the continuing education requirements of parts 4620.7200 and 4620.7300.

B. A licensed measurement professional or mitigation professional shall receive continuing education credit for the number of hours that the professional attends an initial training course approved by the commissioner.

Subp. 3. Other continuing education credit.

A. To receive continuing education credit for a course, seminar, or professional organization meeting that is not an approved training course under this part, the person requesting credit must complete and submit a request on a form provided by the commissioner.

B. A person requesting credit must submit a request for credit according to this subpart within 30 days after a course, seminar, or meeting ends.

C. To obtain advance approval of continuing education credit for a course, seminar, or meeting of a professional organization, a person requesting credit must submit a request under this subpart at least 30 days before the course, seminar, or meeting begins.

D. The commissioner shall grant continuing education credit to an instructor of a course approved by the commissioner under this part if the instructor requesting credit submits to the commissioner a request on a form provided by the commissioner within 30 days after a course, seminar, or meeting ends.

E. The commissioner shall determine the number of continuing education credit hours that are approved to meet the requirements of this part based on the course's, seminar's, or meeting's relevance to the activities of a measurement professional or mitigation professional.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7800 Reporting Requirements

Subpart 1. Radon test reports.

A radon measurement professional or radon mitigation professional must submit an electronic report, in the form and manner provided by the commissioner, listing all the radon tests completed and provide the following information for each project:

A. street address, city, county, and zip code where work was performed;

B. test start date and completion date;

C. test device used;

D. identification of test as initial, follow-up, or postmitigation test;

E. if the test was done for a real estate transaction;

F. reported radon concentration;

G. age of the building tested;

H. type of building tested;

I. if there is a radon mitigation system present; and

J. system tag number, if present.

Subp. 2. Mitigation project reports.

A mitigation company or radon mitigation professional engaged as a sole proprietor with no employees and no subcontractors who are licensed radon professionals must submit an electronic report, in the form and manner provided by the commissioner, listing all mitigation projects completed and provide the following information for each project:

A. name and contact information of the property owner or occupant, if available;

B. street address, city, county, and zip code where the work was performed;

C. start date and completion dates;

D. type of radon mitigation systems installed;

E. type of building mitigated;

F. premitigation and postmitigation radon concentrations, if available; and

G. MDH mitigation system tag identification number.

Subp. 3. Reporting deadlines.

The reports required by this part must be submitted quarterly by:

A. April 30 for the period of January 1 through March 31;

B. July 30 for the period of April 1 through June 30;

C. October 30 for the period of July 1 through September 30; and

D. January 30 for the period of October 1 through December 31 of the previous year.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7900 Inspections and Enforcement

Subpart 1. Compliance inspections.

A. Upon request, a measurement professional, mitigation professional, mitigation company, or operator of a radon laboratory must make available to the commissioner:

B. After providing identification, an agent of the commissioner may:

Subp. 2. Enforcement.

Violations of the requirements of parts 4620.7050 to 4620.7900 constitute grounds for the commissioner to take one or more of the enforcement actions under Minnesota Statutes, sections 144.989 to 144.993, subject to the notice and appeal provisions in applicable law.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Minn. R. 4620.7950 Variance to Radon Licensing Rules

The commissioner may grant a variance to parts 4620.7000 to 46200.7900 according to the procedures and criteria in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 144.4961
History: 43 SR 687

Chapter 4622 INFECTIOUS AND PATHOLOGICAL WASTE MANAGEMENT

Minn. R. 4622.0100 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.0300 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.0400 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.0600 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.0700 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.0900 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.1000 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.1050 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.1100 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.1150 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Minn. R. 4622.1200 [Repealed, L 1993 1Sp1 art 9 s 75]

[Repealed, L 1993 1Sp1 art 9 s 75]

Chapter 4625 LODGING ESTABLISHMENTS

Minn. R. 4625.0100 Definitions

Subpart 1. Approved.

The term "approved" shall mean acceptable to the commissioner following the commissioner's determination as to conformity with established public health practices.

Subp. 2. Clean.

The term "clean" shall mean the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter.

Subp. 3. Commissioner.

The term "commissioner" shall mean the commissioner of health and the Minnesota Department of Health, which terms shall be synonymous.

Subp. 4. Good repair.

The term "good repair" shall mean free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition.

Subp. 5. Usable floor space.

The term "usable floor space" means all floor space in a sleeping room not occupied by closets, toilet rooms, shower, or bathrooms.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67
History: 17 SR 1279

Minn. R. 4625.0200 Scope

Parts 4625.0100 to 4625.2300 shall be applicable to all lodging establishments, such as hotels, motels, lodging houses, and resorts as defined in Minnesota Statutes, chapter 157.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0300 Sanitation Requirements

The construction, operation, maintenance, and equipment of lodging establishments shall be regulated as follows in parts 4625.0400 to 4625.2200.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0400 Building Requirements

Every building, structure, or enclosure used to provide lodging accommodations for the public shall be kept in good repair, and so maintained as to promote the health, comfort, safety, and well-being of persons accommodated.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0500 Floor Requirements

The floors of all guest rooms, hallways, bathrooms, store rooms, and all other spaces used or traversed by guests shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. Cleaning of floors shall be so done as to minimize the raising of dust and the exposure of guests thereto. The requirements of this part shall not prevent the use of rugs, carpets, or natural stone which can be kept clean. Abrasive strips for safety purposes may be used wherever deemed necessary to prevent accidents.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0600 Wall and Ceiling Requirements

The walls and ceilings of all rooms, halls, and stairways shall be kept clean and in good repair. Studs, joists, or rafters shall not be left exposed except when suitably finished and kept clean.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0700 Screening Requirements

When flies, mosquitoes, and other insects are prevalent, all outside doors, windows, and other outer openings shall be screened; provided that such screening shall not be required for rooms deemed by the commissioner to be located high enough in the upper stories of the building as to be free of such insects, or in such areas where other effective means are provided to prevent their entrance.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0800 Lighting and Ventilation Requirements

All rooms and areas used by patrons and guests and all other rooms or spaces in which lighting and ventilation, either natural or artificial, are essential to the efficiency of the business operation shall be well lighted and ventilated.

An area shall be considered well ventilated when excessive heat, odors, fumes, vapors, smoke, or condensation is reduced to a negligible level and barely perceptible to the normal senses. During seasons when weather conditions require tempering of makeup air, adequate equipment shall be provided to temper the makeup air. Every gas-fired or oil-fired room heater and water heater shall be vented to the outside air.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.0900 Space Requirements

Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of usable floor space, and every room occupied for sleeping purposes by more than one person shall contain not less than 60 square feet of usable floor space for each occupant thereof. Under no circumstances shall there be provided less than 400 cubic feet of air space per occupant. Beds shall be spaced at least three feet apart when placed side by side. No sleeping quarters shall be provided in any basement having more than half its clear floor to ceiling height below the average grade of the adjoining ground.

History

Statutory Authority: MS s 14.05; 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67
History: 15 SR 1597

Minn. R. 4625.1000 Bedding and Linen Requirements

All beds, bunks, cots, and other sleeping places provided for guests in hotels, motels, resorts, and lodging houses shall be supplied with suitable pillow slips and under and top sheets. All bedding including mattresses, quilts, blankets, pillows, sheets, spreads, and all bath linen shall be kept clean. No bedding including mattresses, quilts, blankets, pillows, bed and bath linen shall be used which are worn out or unfit for further use. Pillow slips, sheets, and bath linen after being used by one guest shall be washed before they are used by another guest, a clean set being furnished each succeeding guest. For any guest occupying a guest room for an extended period of time, a fresh set of sheets and pillow slips shall furnished at least once each week, and at least two clean towels shall be furnished each day, except that the proprietor will not be responsible for the sheets, towels, pillow slips, and bath linen furnished by a guest.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1100 Room Furnishing Requirements

All equipment, fixtures, furniture, and furnishings, including windows, draperies, curtains, and carpets, shall be kept clean and free of dust, dirt, vermin, and other contaminants, and shall be maintained in good order and repair.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1200 Toilet Requirements

Every hotel, motel, and lodging house shall be equipped with adequate and conveniently located water closets for the accommodation of its employees and guests. Water closets, lavatories, and bathtubs or showers shall be available on each floor when not provided in each individual room. Toilet, lavatory, and bath facilities shall be provided in the ratio of one toilet and one lavatory for every ten occupants, or fraction thereof, and one bathtub or shower for every 20 occupants, or fraction thereof. Toilet rooms shall be well ventilated by natural or mechanical methods. The doors of all toilet rooms serving the public and employees shall be self-closing. Toilets and bathrooms shall be kept clean and in good repair and shall be well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. Every resort shall be equipped with adequate and convenient toilet facilities for its employees and guests. If privies are provided they shall be separate buildings and shall be constructed, equipped, and maintained in conformity with the standards of the commissioner and shall be kept clean.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1300 Water Supply

A safe adequate supply of water shall be provided. The water supply system shall be located, constructed, and operated in accordance with the rules of the commissioner. After September 30, 1980, the temperature of hot water which is provided in any public area or guest room, including but not limited to lavatories, bathtubs, or showers, shall not exceed 130 degrees Fahrenheit (approximately 55 degrees Celsius).

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1400 Hand-Washing Requirements

All lavatories for public use or furnished in guest rooms at hotels, motels, lodging houses, and resorts shall be supplied with hot and cold running water and with soap. Scullery sinks should not be used as hand-washing sinks.

In the case of separate housekeeping cabins at resorts not supplied with running hot water, equipment shall be provided for heating water in the cabin.

Individual or other approved sanitary towels or warm-air dryers shall be provided at all lavatories for use by employees or the public.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1500 Eating Utensils and Drinking Vessels Provided in Guest Rooms

After each usage, all multiuse eating utensils and drinking vessels shall be thoroughly washed in hot water containing a suitable soap or synthetic detergent, rinsed in clean water, and effectively subjected to a bactericidal process approved by the commissioner. Approved facilities for manual dishwashing shall consist of a three-compartment sink with stacking and drainboards at each end. All mechanical dishwashing machines shall conform to Standard Number 3 of the National Sanitation Foundation, dated April 1965.

All dishes, glasses, utensils, and equipment after washing and bactericidal treatment shall be permitted to drain and air dry.

Single-service utensils or vessels as defined in part 4625.2400, subpart 20 must be handled in a sanitary manner. Such utensils may not be reused.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1600 Waste Disposal

All liquid wastes shall be disposed of in an approved public sewerage system or in a sewerage system which is designed, constructed, and operated in accordance with the rules of the Minnesota Pollution Control Agency, chapter 7080.

Prior to removal, all garbage and refuse in storage shall be kept in watertight, nonabsorbent receptacles which are covered with close-fitting, fly-tight lids. All garbage, trash, and refuse shall be removed from the premises frequently to prevent nuisance and unsightly conditions, and shall be disposed of in a sanitary manner. All garbage receptacles shall be kept clean and in good repair.

History

Statutory Authority: MS s 115.03; 115.55; 115.56; 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67
History: 24 SR 426

Minn. R. 4625.1700 Insect and Rodent Control

Every hotel, motel, lodging house, and resort shall be so constructed and equipped as to prevent the entrance, harborage, or breeding of flies, roaches, bedbugs, rats, mice, and all other insects and vermin, and specific means necessary, for the elimination of such pests such as cleaning, renovation, or fumigation shall be used. The commissioner may order the facility to hire an exterminator licensed by the state to exterminate pests when:

A. the infestation is so extensive that it is unlikely that a nonprofessional can eradicate the pests effectively; or

B. the extermination method of choice can only be carried out by a licensed exterminator; or

C. upon reinspection, it is found that an establishment has not been brought into compliance with a prior order to rid the establishment of pests.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.1800 Personnel Health and Cleanliness

No person shall resume work after visiting the toilet without first thoroughly washing his or her hands.

Personnel of hotels, motels, lodging houses, and resorts may be required to undergo medical examination to determine whether or not they are cases or carriers of a communicable disease.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67
History: 17 SR 1279

Minn. R. 4625.1900 Cleanliness of Premises

The premises of all hotels, motels, lodging houses, and resorts shall be kept clean and free of litter or rubbish.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.2000 Fire Protection

All lodging establishments shall provide suitable fire escapes which shall be kept in good repair and accessible at all times. Hallways shall be marked and exit lights provided; fire extinguishers shall be provided and shall be recharged annually and kept accessible for use. No sleeping quarters shall be maintained in rooms which do not have unobstructed egress to the outside or to a central hall leading to a fire escape. All fire protection measures shall be in accordance with requirements of the state fire marshal.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.2100 Plumbing and Swimming Pools

All new plumbing in hotels, motels, lodging houses, and resorts, and all plumbing reconstructed or replaced after January 1, 1968, must be designed, constructed, and installed in conformity with chapter 4714 of the Minnesota Plumbing Code.

All public pools and facilities must be located, constructed, and operated in conformity with parts 4717.0150 to 4717.3975.

History

Statutory Authority: MS s 144.05; 144.08; 144.12; 144.123; 145A.02; 157.01 to 157.14; 327.10 to 327.67
History: 19 SR 1419; 19 SR 1637; 40 SR 71

Minn. R. 4625.2200 Sanitary Dispensing of Ice

Subpart 1. Scope of rule.

Any lodging establishment which makes ice available in public areas, including but not limited to lobbies, hallways, and outdoor areas shall restrict access to such ice in accordance with the following provisions.

Subp. 2. Newly constructed structures.

After September 1, 1979, any newly constructed lodging establishment which installs ice-making equipment, and any existing lodging establishment which installs or replaces ice-making equipment, shall install only automatic dispensing, sanitary ice-making, and storage equipment in areas to which the public has access. Any such establishment may install open-type ice bins only if the ice therefrom is dispensed in the manner provided in subpart 3.

Subp. 3. Existing structures.

After December 31, 1984, any existing lodging establishment which has not converted to automatic dispensing ice-making and storage equipment shall no longer permit unrestricted public access to open-type ice bins, and shall dispense ice to guests only by having employees give out prefilled, individual sanitary containers of ice, or by making available prefilled, disposable, closed bags of ice.

History

Statutory Authority: MS s 144.08; 144.12; 157.01 to 157.14; 327.10 to 327.67

Minn. R. 4625.2300 Initial and Renewal License Fees, License Expiration Dates

Subpart 1. Fee schedule.

License applications for lodging establishments as defined in part 4625.0100 must be accompanied by a fee of $75 plus $4 per room, up to a maximum total fee of $475.

Subp. 2. Expiration date.

Initial and renewal lodging establishment licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year.

Subp. 3. License renewals.

License renewals shall be obtained on an annual basis. License renewal applications shall be submitted to the commissioner of health on forms provided no later than December 31 of the year preceding the year for which application is made.

Subp. 4. Penalty fee.

A penalty fee of $20 shall be added to the amount of the license fee if the application has not reached the office of the commissioner of health before January 31, or in the case of a new business, 30 days after opening the business.

Subp. 5. Reduced license fee.

From and after October 1 of each year, the license fee for new establishments or new operators shall be one-half of the appropriate annual license fee plus any penalty which may be required.

History

Statutory Authority: MS s 144.05; 144.122; 157.03; 327.16
History: 10 SR 1687; 13 SR 1652; 18 SR 827

Minn. R. 4625.2355 Variance to Rules Relating to Lodging Establishments

The commissioner shall grant a variance to parts 4625.0400 to 4625.0600; 4625.0900; 4625.1200 to 4625.1600; 4625.2000, except the last sentence; and 4625.2200 only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 14.05
History: 15 SR 1597

This chapter shall be known as the Food Code, hereinafter referred to as "this Code."

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 144.122; 157.011
History: 23 SR 519; 24 SR 605; 43 SR 295

Minn. R. 4626.0015 Food Safety, Illness Prevention, and Honest Presentation. 1-102.10

The purpose of this Code is to safeguard public health and ensure that food is safe, unadulterated, and honestly presented.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0017 Scope. 1-103.10

A. This Code establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food establishment plan review, license issuance, inspection, employee restriction, and license suspension.

B. References to federal law used in this Code shall incorporate future amendments to the law.

C. This Code applies to food establishments licensed and inspected by the Department of Agriculture, Department of Health, or delegated regulatory authorities that conduct licensing and inspections of food establishments.

D. This Code also applies to individuals applying for certification and certification renewal as a food protection manager, persons providing training for applicants for food protection manager certification, and for certified food protection managers, persons developing and publishing food protection manager certification examinations, and persons proctoring food protection manager certification examinations.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0020 Statement of Application and Definitions. 1-201.10

Subpart 1. Applicability.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Additive.

A. "Food additive" has the meaning given in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(s), and Code of Federal Regulations, title 21, section 170.3(e)(1).

B. "Color additive" has the meaning given in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(t), and Code of Federal Regulations, title 21, section 70.3(f).

Subp. 3. Adulterated.

"Adulterated" has the meaning given in Minnesota Statutes, section 34A.02, and the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 342.

Subp. 4. Approved.

"Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

Subp. 4a. Asymptomatic.

A. "Asymptomatic" means without obvious symptoms or not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen, but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.

B. Asymptomatic includes not showing symptoms because symptoms have resolved or subsided, or because symptoms were never manifested.

Subp. 5. aw.

"aw" means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of the pure water at the same temperature, and is indicated by the symbol a w.

Subp. 5a. Balut.

"Balut" means an embryo inside a fertile egg that has been incubated until the embryo reaches a specific stage of development and is then removed from incubation before hatching.

Subp. 6. Beverage.

"Beverage" means a liquid for drinking, including water.

Subp. 7. Bottled drinking water.

"Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

Subp. 8. Bulk food.

"Bulk food" has the meaning given in Minnesota Statutes, section 31.80, subdivision 2.

Subp. 9.

[Repealed, 43 SR 295]

Subp. 10. Certification number.

"Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the National Shellfish Sanitation Program.

Subp. 10a. Certified food protection manager or CFPM.

"Certified food protection manager" or "CFPM" means an individual who has a valid Minnesota food protection manager's certification under part 4626.0033 or an individual who is certified under Minnesota Rules 2015, parts 4626.2005 to 4626.2020.

Subp. 11. CIP.

A. "CIP" means cleaned in place.

B. A CIP system circulates cleaning, rinsing, and sanitizing solutions through a fixed system.

C. CIP does not include in-place, manual cleaning without the use of a CIP system for equipment such as band saws, slicers, or mixers.

Subp. 11a.

[Repealed, 43 SR 295]

Subp. 12.

[Repealed, 43 SR 295]

Subp. 12a. Commingle.

"Commingle" means:

A. to combine shellstock harvested on different days or from different growing areas as identified on the tag or label; or

B. to combine shucked shellfish from containers with different container codes or different shucking dates.

Subp. 13. Comminuted.

A. "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing.

B. Comminuted products include fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, or sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

Subp. 13a. Commissioner.

"Commissioner" means the commissioner of health.

Subp. 14.

[Repealed, 43 SR 295]

Subp. 14a. Conditional employee.

"Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with the Americans with Disabilities Act, United States Code, title 42, chapter 126.

Subp. 15. Confirmed disease outbreak.

"Confirmed disease outbreak" means a foodborne disease outbreak when laboratory analysis of appropriate specimens identifies a causative organism and epidemiological analysis implicates the food as the source of the illness.

Subp. 16. Consumer.

"Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.

Subp. 17.

[Repealed, 43 SR 295]

Subp. 18. Corrosion-resistant material.

"Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of food contact, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

Subp. 18a. Counter-mounted equipment.

"Counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

Subp. 19. Critical control point.

"Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

Subp. 19a. Critical limit.

"Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

Subp. 19b. Cross-contamination.

"Cross-contamination" is the movement or transfer of bacteria, microorganisms, or other harmful substances from one person, object, place, or food item to another.

Subp. 20.

[Repealed, 43 SR 295]

Subp. 20a. Cut leafy greens or leafy greens.

"Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. "Leafy greens" includes iceberg lettuce; romaine lettuce; leaf lettuce; butter lettuce; baby leaf lettuce such as immature lettuce or leafy greens; escarole; endive; spring mix; spinach; cabbage; kale; arugula; and chard. Leafy greens does not include herbs such as cilantro or parsley.

Subp. 20b. Dealer.

"Dealer" means a person who is authorized by a shellfish control authority for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the National Shellfish Sanitation Program.

Subp. 20c. Disclosure.

"Disclosure" means a written statement that clearly identifies the animal-derived foods or items containing ingredients that contain animal-derived foods that are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens.

Subp. 21. Drinking water.

"Drinking water" means water from a source that meets chapters 4720 and 4725 and Code of Federal Regulations, title 40, part 141.

Drinking water includes the term water except the terms boiler water, mop water, rainwater, wastewater, nondrinking water, and other terms that connote that the water is not potable.

Subp. 22. Dry storage area.

"Dry storage area" means a room or area designated for the storage of packaged or containerized food that is not time/temperature control for safety food, and dry goods such as single-service items.

Subp. 23. Easily cleanable.

"Easily cleanable" means a characteristic of a surface that:

A. allows effective removal of soil by normal cleaning methods; and

B. is dependent on the material, design, construction, and installation of the surface.

Subp. 24. Easily movable.

"Easily movable" means:

A. portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

B. having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

Subp. 24a. Egg.

A. "Egg" means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratite, or turkey.

B. Egg does not include:

Subp. 24b. Egg product.

A. "Egg product" means all, or a portion of, the contents found inside eggs separated from the shell in a food processing plant, and processed to be free of viable Salmonella microorganisms.

B. Egg product does not include food that contains eggs only in a relatively small proportion such as cake mixes.

Subp. 25. Employee.

"Employee" means a licensee, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

Subp. 26. Equipment.

A. "Equipment" means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, mixer, oven, reach-in refrigerator, sink, slicer, stove, table, vending machine, warewashing machine, grill, and fryer.

B. Equipment does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

Subp. 26a. Exclude.

"Exclude" means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.

Subp. 27.

[Repealed, 43 SR 295]

Subp. 28.

[Repealed, 43 SR 295]

Subp. 28a. FDA.

"FDA" means the U.S. Food and Drug Administration.

Subp. 29. Fish.

A. "Fish" means fresh or saltwater finfish, crustaceans, and other forms of aquatic animal life other than birds or mammals, including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of such animals, if the animal life is intended for human consumption.

B. Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

Subp. 30. Food.

"Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

Subp. 31. Foodborne disease outbreak.

A. "Foodborne disease outbreak" means an incident, except as specified in item B, when:

B. Foodborne disease outbreak includes a single case of illness from botulism or chemical poisoning.

Subp. 32. Food cart.

"Food cart" has the meaning given in Minnesota Statutes, section 157.15, subdivision 6. A food cart must be a single self-contained unit.

Subp. 32a. Food catering.

"Food catering" means food that is prepared for service in support of an event with a predetermined guest list such as a reception, party, luncheon, conference, ceremony, or trade show. A food establishment doing catering is responsible for maintaining control of and ensuring the safety of the food from preparation to service to the consumer.

Subp. 33. Food-contact surface.

"Food-contact surface" means:

A. a surface of equipment or a utensil with which food normally comes into contact; or

B. a surface of equipment or a utensil from which food may drain, drip, or splash:

Subp. 34. Food employee.

"Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

Subp. 35. Food establishment.

A. "Food establishment" means an operation that stores, prepares, packages, serves, vends, caters, delivers, or otherwise provides food for human consumption, where consumption is on or off the premises and regardless of whether there is a charge for the food, and relinquishes possession either directly or indirectly to a consumer. Food establishment includes:

B. Food establishment does not include:

Subp. 36. Food processing plant.

"Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and provides food for sale or distribution only to other business entities such as food processing plants or food establishments.

Subp. 37. Game animal.

A. "Game animal" means an animal, the products of which are food.

B. Game animals include (1) big and small game as defined in Minnesota Statutes, section 97A.015, subdivisions 3 and 45; and (2) game birds as defined in Minnesota Statutes, section 97A.015, subdivision 24.

C. Game animal does not include animals classified as livestock in Code of Federal Regulations, title 9, section 301.2, or as animals as defined in Minnesota Statutes, section 31A.02, subdivision 4, or poultry or fish; or animals raised as livestock, Cervidae, Ratitae, or llama as defined in Minnesota Statutes, sections 17.452, 17.453, and 17.455.

Subp. 38. General use pesticide.

"General use pesticide" means a pesticide that is not classified by the U.S. Environmental Protection Agency for restricted use as specified in Code of Federal Regulations, title 40, section 152.175.

Subp. 38a. Grade A standards.

"Grade A standards" means the requirements found in "Grade A Pasteurized Milk Ordinance" produced with guidance from the U.S. Public Health Service and the FDA, and with which certain fluid and dry milk and milk products must comply. This publication is incorporated by reference, is subject to frequent change, and is available through the FDA website at www.fda.gov/downloads/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation /Milk/UCM513508.pdf.

Subp. 39.

[Repealed, 43 SR 295]

Subp. 40. HACCP plan.

"HACCP plan" means a written document that delineates the formal procedures for following the hazard analysis and critical control point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. This publication is incorporated by reference, is subject to infrequent change, and is available at www.fsis.usda.gov.

Subp. 40a. Handwashing sink.

A. "Handwashing sink" means a lavatory, a basin, or a vessel for washing; a wash basin; or a plumbing fixture dedicated to handwashing.

B. Handwashing sink includes an automatic handwashing facility.

Subp. 41. Hazard.

"Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

Subp. 42. Hermetically sealed container.

"Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

Subp. 42a. Highly susceptible population.

"Highly susceptible population" means persons who are more likely than others in the general population to experience foodborne disease because they are immunocompromised, preschool-age children, or older adults and they are obtaining food at a facility that provides services such as custodial care, health care, or nutritional or socialization services.

Subp. 43. Imminent health hazard.

"Imminent health hazard" means a significant threat or danger to health that exists when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

A. the number of potential injuries; and

B. the nature, severity, and duration of the anticipated injury.

Subp. 44. Injected.

"Injected" means manipulating meat by introducing a solution into its interior by processes referred to as "injecting," "pump marinating," or "stitch pumping."

Subp. 44a. Juice.

A. "Juice" means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of the liquid or puree.

B. For purposes of HACCP, juice does not include liquids, purees, or concentrates that are not used as beverages or ingredients of beverages.

Subp. 45. Kitchenware.

"Kitchenware" means food preparation and storage utensils.

Subp. 46. License.

"License" means the authorization issued by the regulatory authority to a person to operate a food establishment.

Subp. 47. Licensee.

"Licensee" means the person licensed by the regulatory authority who:

A. is the owner, the owner's agent, or other person legally responsible for the operation of the food establishment; and

B. possesses a valid license to operate a food establishment according to Minnesota Statutes, chapter 28A or 157.

Subp. 48. Linens.

"Linens" means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, cloth gloves, and other work garments.

Subp. 48a. Major food allergen.

A. "Major food allergen" means:

B. Major food allergen does not include:

Subp. 49.

[Repealed, 43 SR 295]

Subp. 50. Meat.

A. "Meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals.

B. Meat does not include fish, poultry, and wild animals as defined in Minnesota Statutes, section 97A.015, subdivision 55, and as specified in part 4626.0160, item C.

Subp. 50a. Mechanically tenderized.

A. "Mechanically tenderized" means manipulating meat with deep penetration by processes such as blade tenderizing, jaccarding, pinning, needling, or using blades, pins, needles, or any mechanical device.

B. Mechanically tenderized does not include processes by which solutions are injected into meat.

Subp. 51. mg/L.

"mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).

Subp. 52. Molluscan shellfish.

"Molluscan shellfish" means an edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

Subp. 52a.

[Repealed, 43 SR 295]

Subp. 52b. Mushrooms.

A. "Mushrooms, wild" means edible species of mushrooms that have been harvested from their naturally occurring environment where no human intervention occurred to support their growth.

B. "Mushrooms, cultivated" means edible species of mushrooms that have been grown by a person or persons under controlled conditions, outdoors or indoors, on natural or artificial substrate.

Subp. 52c. Neighborhood kitchen.

"Neighborhood kitchen" means a satellite or auxiliary kitchen in residential buildings for adults age 55 or older that is secondary to the primary approved commercial kitchen where most of the food is received, stored, and prepared.

Subp. 52d. Noncontinuous cooking.

A. "Noncontinuous cooking" means the cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service.

B. Noncontinuous cooking does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.

Subp. 52e. Nonpublic water system.

"Nonpublic water system" means any water system that does not meet the definition of a public water system as defined in subpart 66.

Subp. 53. Packaged.

A. "Packaged" means bottled, canned, cartoned, bagged, or wrapped, whether packaged in a food establishment or a food processing plant.

B. Packaged does not include food delivered to a consumer by a food employee, upon consumer request, that is wrapped or placed in a carry-out container to protect the food during delivery to the consumer.

Subp. 54. Person.

"Person" means an association, corporation, individual, partnership, government, or governmental subdivision or agency.

Subp. 55. Person in charge.

"Person in charge" means the individual present at a food establishment who is responsible for the operation at the time of inspection.

Subp. 56. Personal care item.

"Personal care item" means an item or substance that may be poisonous, toxic, or a source of contamination and is used to maintain or enhance a person's health, hygiene, or appearance.

Subp. 57. pH.

"pH" is the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.

Subp. 58. Physical facility.

"Physical facility" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers, and attachments such as light fixtures and heating or air conditioning system vents.

Subp. 59. Plumbing fixture.

"Plumbing fixture" means a receptacle or device that:

A. is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

B. discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

Subp. 60. Plumbing system.

"Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

Subp. 61. Poisonous or toxic material.

"Poisonous or toxic material" means a substance that is not intended for ingestion and is included in one of the following 4 categories:

A. cleaners and sanitizers, such as cleaning and sanitizing agents and other chemicals such as caustics, acids, drying agents, and polishes;

B. pesticides, except sanitizers, including substances such as insecticides and rodenticides;

C. substances necessary for the operation and maintenance of the establishment, such as non-food-grade lubricants and personal care items that may be deleterious to health; or

D. substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

Subp. 62. Potentially hazardous food.

A. "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supporting:

B. Potentially hazardous food includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified in item A.

C. Potentially hazardous food does not include:

Subp. 63. Poultry.

"Poultry" means:

A. any domesticated bird, such as chickens, turkeys, ducks, geese, guineas, ratites, or squabs, whether live or dead, as defined in Code of Federal Regulations, title 9, part 381.1; and

B. any migratory waterfowl or game bird, whether live or dead, as defined in Code of Federal Regulations, title 9, part 362.1, including pheasant, partridge, quail, grouse, or pigeon.

Subp. 64. Premises.

"Premises" means:

A. the physical facility, its contents, and the contiguous land or property under the control of the licensee; or

B. the physical facility, its contents, and the land or property not described in item A, if its facilities and contents that are under the control of the licensee and may impact food establishment personnel, facilities, or operations, and a food establishment is only 1 component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

Subp. 64a. Prepare.

"Prepare" means to process food by means such as heating, cooking, canning, extracting, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling, packaging, or any other treatment or preservation process.

Subp. 65. Primal cut.

"Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

Subp. 65a. Priority 1 item or P1.

A. "Priority 1 item" or "P1" means a provision in this Code whose application contributes directly to the elimination, prevention, or reduction to an acceptable level of hazards associated with foodborne illness or injury, and there is no other provision that more directly controls the hazard. This is the same as the FDA's "priority designation."

B. A priority 1 item includes an item with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing.

Subp. 65b. Priority 2 item or P2.

A. "Priority 2 item" or "P2" means a provision in this Code whose application supports, facilitates, or enables one or more priority 1 items. This is the same as the FDA's "priority foundation designation."

B. A priority 2 item includes an item that requires the purposeful incorporation of specific actions, equipment, or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling.

Subp. 65c. Priority 3 item.

A. "Priority 3 item" means a provision in this Code that is not designated as a priority 1 item or a priority 2 item. This is the same as the FDA's "core designation."

B. A priority 3 item includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.

C. Items not designated with a P1 or P2 are priority 3 items.

Subp. 66. Public water system.

"Public water system" has the meaning given in Code of Federal Regulations, title 40, part 141.2.

Subp. 66a. Ratite.

"Ratite" or "Ratitae" means a flightless bird such as an emu, ostrich, or rhea.

Subp. 67. Ready-to-eat food.

A. "Ready-to-eat food" means food that:

B. Ready-to-eat food includes:

Subp. 68. Reduced oxygen packaging.

A. "Reduced oxygen packaging" means:

B. Reduced oxygen packaging includes:

Subp. 69. Refuse.

"Refuse" means solid waste not carried by water through the sewage system.

Subp. 70. Regulatory authority.

"Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.

Subp. 70a. Reminder.

"Reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.

Subp. 70b. Re-service.

"Re-service" means food that is served or sold to a consumer who then returns the unused food, which is then transferred by means of serving or selling to another person.

Subp. 70c. Restrict.

"Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food or handle clean equipment, utensils, linens, or unwrapped single-service or single-use articles.

Subp. 70d. Restricted egg.

"Restricted egg" means any egg as defined in Code of Federal Regulations, title 9, section 590.5, that is a check, incubator reject, inedible, leaker, loss, or dirty egg.

Subp. 71. Restricted use pesticide.

"Restricted use pesticide" means a pesticide product that contains the active ingredients specified in Code of Federal Regulations, title 40, section 152.175, and that is limited to use by a licensed applicator.

Subp. 72.

[Repealed, 43 SR 295]

Subp. 73. Retail food vehicle, portable structure, or cart.

"Retail food vehicle, portable structure, or cart" means a food establishment licensed under Minnesota Statutes, sections 28A.06 and 28A.07, that is a motor vehicle, portable structure, or nonmotorized cart where food and food products are:

A. offered to the consumer;

B. intended for off-premises consumption; and

C. not subject to on-site preparation.

Subp. 73a. Risk.

"Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

Subp. 74. Safe material.

"Safe material" means:

A. an article manufactured from or composed of materials that may not reasonably be expected to result directly or indirectly in their becoming a component or otherwise affecting the characteristics of any food;

B. an additive that is used as specified in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 348 or 379e; or

C. any other material that is not an additive and that is used in conformity with applicable regulations of the Food and Drug Administration.

Subp. 75. Sanitization.

"Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, yields within 1 minute a reduction of 5 logs, which is equal to a 99.999 percent reduction, of representative disease microorganisms of public health importance.

Subp. 76. Sealed.

"Sealed" means free of cracks or other openings that allow the entry or passage of moisture.

Subp. 76a. Service animal.

"Service animal" means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to a person with a disability.

Subp. 77. Servicing area.

"Servicing area" means an operating base location to which a food cart, special event food stand, temporary food establishment, retail food vehicle, portable structure, cart, or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes or refilling water tanks and ice bins, and loading food.

Subp. 78. Sewage.

"Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

Subp. 78a.

[Repealed, 43 SR 295]

Subp. 78b. Shellfish control authority.

"Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

Subp. 79. Shellstock.

"Shellstock" means raw, in-shell molluscan shellfish.

Subp. 79a. Shiga toxin-producing Escherichia coli or STEC.

"Shiga toxin-producing Escherichia coli " or "STEC" means any E. coli capable of producing Shiga toxins, also called verocytotoxins or Shiga-like toxins. Examples of serotypes of STEC include both O157 and non-O157 E. coli.

Subp. 80. Shucked shellfish.

"Shucked shellfish" means molluscan shellfish that have 1 or both shells removed.

Subp. 81. Single-service articles.

"Single-service articles " means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers, that are designed and constructed to be used 1 time by 1 person, after which they are intended to be discarded.

Subp. 82. Single-use article.

A. "Single-use article" means a utensil or bulk food container designed and constructed to be used once and discarded.

B. Single-use article includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, number 10 cans, and other items that do not meet the materials, durability, strength, and cleanability specifications contained in parts 4626.0450, 4626.0505, and 4626.0515 for multiuse utensils.

Subp. 83. Slacking.

"Slacking" means the process of moderating the temperature of a food, such as allowing a food to gradually increase from a temperature of -10 degrees F (-23 degrees C) to 25 degrees F (-4 degrees C) in preparation for deep-fat frying or for even heat penetration during the cooking of previously block-frozen food such as shrimp.

Subp. 84. Smooth.

"Smooth" means:

A. a food-contact surface, free of pits and inclusions with a cleanability equal to or exceeding that of number 3 (100 grit) stainless steel;

B. a non-food-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; or

C. a floor, wall, or ceiling having an even or level surface with no roughness or projections that render the surface difficult to clean.

Subp. 85. Special event food stand.

"Special event food stand" has the meaning given in Minnesota Statutes, section 157.15, subdivision 14.

Subp. 86.

[Repealed, 43 SR 295]

Subp. 87.

[Repealed, 43 SR 295]

Subp. 88.

[Repealed, 43 SR 295]

Subp. 89. Temperature measuring device.

"Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

Subp. 90. Temporary food establishment.

"Temporary food establishment" means a food establishment that is a mobile food unit, seasonal permanent food stand, or seasonal temporary food stand, as those terms are defined in Minnesota Statutes, section 157.15, subdivisions 9, 12a, and 13.

Subp. 90a. Time/temperature control for safety food (TCS).

A. "Time/temperature control for safety food (TCS)" means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.

B. TCS includes:

C. TCS does not include:

Subp. 90b. USDA.

"USDA" means the U.S. Department of Agriculture.

Subp. 91. Utensil.

"Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, including kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature-sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

Subp. 92. Vending machine.

"Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

Subp. 93. Vending machine location.

"Vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.

Subp. 94. Warewashing.

"Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.

Subp. 94a. Whole-muscle, intact beef.

"Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.

Subp. 95.

[Repealed, 43 SR 295]

Subp. 96.

[Repealed, 43 SR 295]

Subp. 97.

[Repealed, 43 SR 295]

Subp. 98.

[Repealed, 43 SR 295]

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; L 2005 1Sp1 art 1 s 97; 43 SR 295

Minn. R. 4626.0024 Responsibility to Meet Standards

The licensee shall meet the standards that this Code prescribes, by carrying out its requirements directly or ensuring that other entities subject to the licensee's control or direction do so. The licensee bears the responsibility for complying and for acts and omissions of its employees, vendors, and subcontractors with respect to this Code.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0025 Assignment of Person in Charge. 2-101.11

The licensee shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0030 Demonstration of Knowledge by Person in Charge. 2-102.11

Based on the risks inherent to the food operation, during inspections and upon request by the regulatory authority, the person in charge shall demonstrate knowledge of foodborne disease prevention, application of the hazard analysis critical control point principles, and the requirements of this Code. The person in charge shall demonstrate this knowledge by responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:

A. describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;P2

B. explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;P2

C. describing the symptoms associated with diseases that are transmissible through food;P2

D. explaining the significance of the relationship between maintaining the time and temperature of TCS food and the prevention of foodborne illness;P2

E. explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;P2

F. stating the required food temperatures and times for safe cooking of TCS food including meat, poultry, eggs, and fish;P2

G. stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of TCS food;P2

H. describing the relationship between the prevention of foodborne illness and the management and control of the following:

I. describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction;P2

J. explaining the relationship between food safety and providing equipment that is:

K. explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;P2

L. identifying the source of water used and measures taken to ensure that the water source remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;P2

M. identifying poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to Minnesota Statutes, chapter 18B;P2

N. identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness, and by explaining the steps to be taken to ensure that the points are controlled according to this Code;P2

O. explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required;P2

P. explaining the responsibilities, rights, and authorities assigned by this Code to the:

Q. explaining how the person in charge, food employees, and conditional employees comply with reporting requirements and explaining the exclusion or restriction of a food employee who has a disease or medical condition that may cause foodborne disease.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0033 Certified Food Protection Manager (cfpm) Requirements for Food Establishments

A. A food establishment licensee shall employ a certified food protection manager (CFPM) for each establishment including a food establishment that reheats ready-to-eat TCS foods for hot holding, except as provided in item B.

B. A food establishment does not need to employ a CFPM:

C. Only upon opening or reopening a food establishment, a licensee may employ 1 full-time employee who:

D. A food establishment licensee required to employ a CFPM shall display a current original CFPM certificate or a current duplicate CFPM certificate in the establishment.

E. A food establishment licensee that ceases to employ a CFPM shall employ a new CFPM within 60 days.

F. A food establishment licensee through the CFPM is responsible for:

G. The requirements for CFPM initial certification are as specified in this item.

H. The commissioner shall accept only examinations that are evaluated and listed by a Conference for Food Protection recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs.

I. The requirements for CFPM renewal certification are as specified in this item.

J. Documentation of a continuing education course must include:

K. A continuing education course:

L. A continuing education course instructor shall:

M. Upon review and verification, as needed, of the documents submitted under this part, the commissioner shall issue a certificate or a letter of denial within 45 days of receiving the application. Grounds for the commissioner to deny an application are provided in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b).

N. CFPM certificate effective dates and transferability are as specified in this item.

O. The commissioner shall issue a duplicate certificate to replace a lost, destroyed, or damaged certificate if the applicant submits a completed application on a form provided by the commissioner for a duplicate certificate and pays the fee specified in Minnesota Statutes, section 157.16, subdivision 2a.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0035 Duties of Person in Charge. 2-103.11

The person in charge shall:

A. ensure food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified in part 4626.1425;P2

B. ensure persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;P2

C. ensure employees and other persons, such as delivery and maintenance persons and pesticide applicators, entering the food preparation, food storage, and warewashing areas comply with this Code;P2

D. ensure employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;P2

E. ensure employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;P2

F. ensure employees are verifying that foods delivered to the food establishment during nonoperating hours are from approved sources and are placed into appropriate storage locations so that they are maintained at the required temperatures, protected from contamination, unadulterated, and accurately presented;P2

G. ensure employees are properly cooking TCS food, such as through the daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified in parts 4626.0555 and 4626.0820, item B;P2

H. ensure employees are using proper methods to rapidly cool TCS foods that are not held hot or are not for consumption within 4 hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;P2

I. ensure employees are properly maintaining the temperatures of TCS foods during hot and cold holding through daily oversight of the employees' routine monitoring of food temperatures;P2

J. ensure consumers who order raw or partially cooked ready-to-eat food of animal origin are informed as specified in part 4626.0442 that the food is not cooked sufficiently to ensure its safety;P2

K. ensure employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;P2

L. ensure consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified in part 4626.0290, item B;P2

M. ensure employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment, except as specified in part 4626.0225, item D;P2

N. ensure employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties;P2

O. ensure food employees and conditional employees are informed of their responsibility to report, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified in part 4626.0040, item A;P2 and

P. ensure written procedures and plans, where specified by this Code and as developed by the food establishment, are maintained and implemented as required.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0040 Responsibility of Licensee; Person in Charge; Food Employees; and Conditional Employees. 2-201.11

A. The licensee shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases transmissible through food. A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

B. The person in charge shall notify the regulatory authority of a food employee known to be infected with:

C. The person in charge shall record all reports of diarrhea or vomiting made by food employees and report those illnesses to the regulatory authority at the specific request of the regulatory authority.P1

D. The person in charge shall notify the regulatory authority of any complaint from a consumer having or suspected of having:

E. A food employee or conditional food employee shall:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0045 Exclusions and Restrictions. 2-201.12

The person in charge shall:

A. exclude a food employee from a food establishment if the food employee is ill with vomiting or diarrhea;P1

B. exclude a food employee from working with exposed food, clean equipment, and clean utensils in a food establishment if the food employee has an enteric bacterial, viral, or parasitic pathogen capable of being transmitted by food, such as norovirus, Salmonella spp., Shigella spp., hepatitis A, or Shiga toxin-producing E. coli;P1

C. restrict an employee if the results of an epidemiological investigation by the commissioner of health under Minnesota Statutes, section 31.171, determines that a food employee or conditional employee presents a risk for transmission of foodborne disease;P1and

D. restrict an employee if the employee is infected with a skin lesion containing pus such as a boil or infected wound that is open or draining and not properly covered as specified in part 4626.0040, item A, subitem (1), unit (e).P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0050 Removal, Adjustment, or Retention of Exclusions and Restrictions. 2-201.13

The exclusion specified in part 4626.0045, item A, may be removed by the person in charge after the food employee has been asymptomatic for at least 24 hours. The exclusion and restriction specified in part 4626.0045, items B and C, must remain in effect for a food employee until the commissioner and the regulatory authority determine that the risk of foodborne disease transmission has been adequately mitigated.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0055 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0060 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0065 Clean Hands. 2-301.11

A food employee shall keep hands and exposed portions of arms clean.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0070 Cleaning Procedure. 2-301.12

A. Except as specified in item D, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using soap in a handwashing sink that is equipped as specified in parts 4626.1050 and 4626.1440 to 4626.1457.P1

B. Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

C. To avoid recontaminating hands or surrogate prosthetic devices, food employees shall use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

D. An automatic handwashing device may be used by a food employee to clean hands or surrogate prosthetic devices if it is approved by the regulatory authority and is capable of removing the types of soils encountered in the food operations involved.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0075 When to Wash Hands. 2-301.14

A food employee shall clean the hands and exposed portions of the arms or surrogate prosthetic devices as specified in part 4626.0070 at the following times:

A. immediately before:

B. after touching bare human body parts other than clean hands and clean, exposed portions of arms or surrogate prosthetic devices;P1

C. after using the toilet;P1

D. after caring for or handling service animals or fish in an aquarium or molluscan shellfish or crustacea in display tanks as specified in part 4626.0120, item B;P1

E. except as specified in part 4626.0105, item B, after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;P1

F. after handling soiled equipment or utensils;P1

G. during food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;P1

H. when switching between working with raw food and working with ready-to-eat food;P1

I. before donning gloves for working with food;P1 and

J. after engaging in other activities that contaminate the hands.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0080 Where to Wash Hands. 2-301.15

Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and shall not clean their hands in a sink used for food preparation or warewashing or in a service sink or a curbed cleaning facility used for the disposal of mop water or similar liquid waste.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0085 Hand Antiseptics. 2-301.16

A. A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap must:

B. If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria under item A, subitem (2), use must be:

C. A hand antiseptic solution used as a hand dip must be maintained clean and at a strength equivalent to at least 100 mg/L of chlorine.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0090 Fingernail Maintenance. 2-302.11

A. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.P2

B. Unless wearing intact gloves in good repair, food employees shall not wear fingernail polish or artificial fingernails when working with exposed food.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0095 Jewelry Prohibition. 2-303.11

Food employees shall not wear jewelry, including medical information jewelry, on their arms and hands while preparing food, except for a plain ring such as a flat, smooth band.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0100 Clothing; Clean Condition. 2-304.11

A food employee shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0105 Eating, Drinking, or Using Tobacco. 2-401.11

A. Except as specified in item B, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot result.

B. A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0110 Discharges from Eyes, Nose, and Mouth. 2-401.12

A food employee experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth shall not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0115 Hair Restraints. 2-402.11

A. Except as provided in item B, a food employee shall wear hair restraints, such as a hat, hair covering, or net, a beard restraint, and clothing that covers body hair. Hair restraints must be designed and worn to effectively keep hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

B. This part does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, or wait staff, if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0120 Animal Handling Prohibition. 2-403.11

A. Except as specified in item B, a food employee shall not care for or handle animals that may be present such as patrol dogs, service animals, or animals that are allowed under part 4626.1585, item B, subitems (2) to (5).P2

B. A food employee with a service animal may handle or care for the service animal and a food employee may handle or care for fish in an aquarium or molluscan shellfish or crustacea in display tanks if the food employee's hands are washed as specified in part 4626.0070.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0123 Cleanup of Vomiting and Diarrheal Events. 2-501.11

A food establishment must have procedures for employees to follow when responding to events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment. The procedures must address the specific actions employees shall take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0125 Safe and Not Adulterated. 3-101.11

Food must be safe and not adulterated, as specified in Minnesota Statutes, section 34A.02.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0130 Compliance with Food Law. 3-201.11

A. Food must be obtained from sources that comply with Minnesota Statutes, Minnesota Rules, and United States Code and Code of Federal Regulations.P1

B. Food prepared or stored in a private home must not be used or offered for human consumption in a food establishment, except as allowed by Minnesota Statutes, sections 28A.15 and 157.22, clauses (6) and (7).P1

C. Packaged food must be labeled as specified in Minnesota Statutes and Minnesota Rules, including parts 4626.0200, 4626.0202, and 4626.0435.P2

D. Fish, other than molluscan shellfish, that are intended for consumption in raw or undercooked form and allowed as specified in part 4626.0340, item D, may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified in part 4626.0350; or frozen on the premises as specified in part 4626.0350 and records must be retained as specified in part 4626.0355.

E. Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in part 4626.0340, item C, must be:

F. Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption must be labeled to include safe handling instructions as specified in law, including Code of Federal Regulations.

G. Eggs that have not been specifically treated to destroy all viable Salmonellae must be labeled to include safe handling instructions as specified in law, including Code of Federal Regulations.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0135 Food in Hermetically Sealed Container; Sources. 3-201.12

Food in a hermetically sealed container must be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0140 Fluid Milk and Milk Products; Sources. 3-201.13

Fluid milk and fluid milk products must be obtained from sources that comply with Grade A standards specified in Minnesota Statutes, chapter 32D.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0145 Fish. 3-201.14

A. Fish that are received for sale or service must be:

B. Molluscan shellfish that are recreationally caught must not be received for sale or service.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0150 Molluscan Shellfish. 3-201.15

A. Molluscan shellfish must be obtained from sources according to Code of Federal Regulations, title 21, section 123, and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. The guide is incorporated by reference and is available through the FDA website at www.fda.gov/downloads/Food/GuidanceRegulation/FederalStateFoodPrograms/UCM350004.pdf. The guide is not subject to frequent change.P1

B. Molluscan shellfish received in interstate commerce must be from sources listed in the Interstate Certified Shellfish Shippers List. The list is incorporated by reference and is available through the FDA website at www.fda.gov/downloads/Food/GuidanceRegulation/FederalStateFoodPrograms/UCM2006753.htm. The list is subject to frequent change.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0155 Wild Mushrooms. 3-201.16

A. All wild mushroom species served in a retail food establishment must be obtained from sources where each mushroom is individually inspected and found to be safe by a certified mushroom harvester, except as specified in item E.P1

B. All wild mushroom species served in a retail food establishment must have a written buyer specification, except as specified in item E. The buyer shall retain the written buyer specification for 90 days from the date of sale or service. The written buyer specification must include all of the following information:

C. The mushroom harvester shall retain for 90 days all records of wild mushrooms sold to any retail food establishments. These records must include all of the following information:

D. Except as specified in item E, any retail food establishment serving wild mushrooms must inform consumers of the risk of consuming wild mushrooms by way of a disclosure using brochures, deli case or menu advisories, table tents, placards, or other written means. A disclosure must include the statement: "Wild mushrooms are not an inspected product and are harvested from a noninspected site."P2

E. This part does not apply to:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0156 Certified Wild Mushroom Harvester

A. A certified wild mushroom harvester shall have successfully completed a wild mushroom identification training program provided by an accredited college or university or state mycological society. The training program must include a component of actual identification of physical specimens of mushroom species.

B. A document must be issued by an accredited college or accredited university or mycological society certifying the mushroom harvester's successful completion of the wild mushroom identification course and specifying the species of wild mushroom the harvester is qualified to identify.

C. The mushroom harvester shall submit the document identified in item B to the Department of Agriculture.

D. A wild mushroom harvester's certification documents will be verified by the Minnesota Department of Agriculture. The Minnesota Department of Agriculture shall maintain these documents on file and maintain a registry of all wild mushroom harvesters.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0160 Game Animals. 3-201.17

A. Game animals commercially raised for food must be raised, slaughtered, and processed under an inspection program that is conducted by the USDA under Code of Federal Regulations, title 9, part 352, or the Minnesota Department of Agriculture under Minnesota Statutes, section 17.452, subdivision 8.P1

B. Exotic species of animals, including animals raised for exhibition purposes in a zoo or circus, must:

C. Wild animals lawfully taken and donated according to part 6230.1500 and Minnesota Statutes, section 97A.505, and donated to a charitable organization registered under Minnesota Statutes, chapter 309, are approved if:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0165 Food Temperatures; Receiving. 3-202.11

A. Except as specified in items B and C, refrigerated TCS food must be at a temperature of 41 degrees F (5 degrees C) or below when received.P1

B. If a temperature other than 41 degrees F (5 degrees C) for a TCS food is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.

C. Raw eggs must be received in refrigerated equipment that maintains an ambient air temperature of 45 degrees F (7 degrees C) or less.P1

D. TCS food that has been cooked to a temperature and for a time specified in parts 4626.0340 and 4626.0347 and received hot must be at a temperature of 135 degrees F (57 degrees C) or above.P1

E. A food that is labeled frozen and shipped frozen by a food processing plant must be received frozen.P2

F. Upon receipt, TCS food must be free of evidence of previous temperature abuse.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0170 Food Additives. 3-202.12

Food must not contain:

A. unapproved food additives or additives that exceed amounts specified in Code of Federal Regulations, title 21, parts 170 to 180;

B. generally recognized as safe or prior sanctioned substances that exceed amounts specified in Code of Federal Regulations, title 21, parts 181 to 186;

C. substances that exceed amounts specified in Code of Federal Regulations, title 9, subpart C, section 424.21 (b); or

D. pesticide residues that exceed provisions specified in Code of Federal Regulations, title 40, part 180.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0175 Eggs. 3-202.13

Eggs must be received clean and sound and:

A. must not exceed the restricted egg tolerances for U.S. Consumer Grade B specified in U.S. Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., maintained by the Agricultural Marketing Service (AMS) of the USDA, which is incorporated by reference, is not subject to frequent change, and is available through the AMS, USDA at www.ams.usda.gov/sites/default/files/media/Shell_Egg_Standard[1].pdf;P1and

B. comply with parts 1520.1200 to 1520.2000 and Minnesota Statutes, chapter 29.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0177 Egg and Milk Products; Pasteurized. 3-202.14

A. Egg products must be obtained pasteurized.P1

B. Fluid and dry milk and milk products must be obtained pasteurized as specified in Minnesota Statutes, chapter 32D, and comply with standards as specified in Minnesota Statutes, chapter 32D.P1

C. Frozen milk products, such as ice cream, must be obtained pasteurized as specified in Code of Federal Regulations, title 21, part 135, and must comply with Minnesota Statutes, chapter 32D.P1

D. Cheese must be obtained pasteurized unless alternative procedures to pasteurization are specified in Code of Federal Regulations, title 21, part 133, and Minnesota Statutes, section 32D.22.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0180 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0185 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0190 Package Integrity. 3-202.15

Food packages must be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0195 Ice. 3-202.16

Ice for use as a food or a cooling medium must be made from drinking water.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0200 Shucked Shellfish; Packaging and Identification. 3-202.17

A. Raw shucked shellfish must be obtained in nonreturnable packages that bear a legible label that identifies:P2

B. A package of raw shucked shellfish that does not bear a label or that bears a label that does not contain all the information specified in item A must be subject to a hold order as allowed by Minnesota Statutes, section 34A.11, or seizure and destruction according to Code of Federal Regulations, title 21, subpart D, section 1240.60, paragraph (d).

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0202 Shellstock Identification. 3-202.18

A. Shellstock must be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish which is incorporated by reference, is subject to frequent change, and can be found at www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ ucm2006754.htm, and that list:P2

B. A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information specified in item A must be subject to a hold order as allowed by Minnesota Statutes, section 34A.11, or seizure and destruction according to Code of Federal Regulations, title 21, subpart D, section 1240.60, paragraph (d).

C. If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information must be listed first.

D. If the harvester's tag or label is designed to accommodate each dealer's identification as specified in item A, subitem (2), units (a) and (b), individual dealer tags or labels need not be provided.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0205 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0210 Shellstock; Condition. 3-202.19

When received by a food establishment, shellstock must be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells must be discarded.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0215 Molluscan Shellfish and Shellstock; Original Container. 3-203.11

A. Except as specified in items B to D, molluscan shellfish must not be removed from the container in which they were received other than immediately before sale or preparation for service.

B. For display purposes, shellstock may be removed from the container in which they were received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

C. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:

D. Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0220 Shellstock; Maintaining Identification. 3-203.12

A. Except as specified in item C, subitem (3), shellstock tags or labels must remain attached to the container in which the shellstock are received until the container is empty.P2

B. The date when the last shellstock from the container is sold or served must be recorded on the tag or label.P2

C. The identity of the source of shellstock that are sold or served must be maintained:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0225 Preventing Contamination from Hands (also See Part 4626.0070). 3-301.11

A. Except when washing fruits and vegetables as specified in items C and D or part 4626.0255, food employees shall not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment as specified in part 4626.0255, items C and D.P1

B. Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.P2

C. Item A does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:

D. Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if written procedures are maintained in the food establishment and made available to the regulatory authority upon request that include:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0230 Preventing Contamination When Tasting. 3-301.12

A food employee shall not use a utensil more than once to taste food that is to be sold or served.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0235 Preventing Cross-Contamination. 3-302.11

A. Food must be protected from cross-contamination by:

B. Item A, subitem (4), does not apply to:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0240 Food Storage Containers Identified with Common Name of Food. 3-302.12

Working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar must be identified with the common name of the food except that containers holding food that can be readily and unmistakably recognized, including dry pasta, need not be identified. The identification must be in English and any other language used by the employees of the food establishment who handle food.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0245 Pasteurized Eggs; Substitute for Raw Eggs. 3-302.13

Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of food such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:

A. cooked as specified in part 4626.0340, item A, subitem (1) or (2);P1 or

B. included in part 4626.0340, item D, subitem (1).P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0250 Protection from Unapproved Additives. (see Also 4626.0170) 3-302.14

A. Food must be protected from contamination that may result from the addition of:

B. A food employee shall not:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0255 Washing Fruits and Vegetables. 3-302.15

A. Raw fruits and vegetables must be thoroughly washed in water or by using chemicals specified in part 4626.1625 to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption.

B. Devices used for on-site generation of chemicals meeting the requirements in Code of Federal Regulations, title 21, subpart D, section 173.315, for the washing of raw, whole fruits and vegetables must be used according to the manufacturer's instructions.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0260 Ice Used as Exterior Coolant; Prohibited as Ingredient. 3-303.11

Ice must not be used as a food after use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0265 Food in Contact with Water or Ice. 3-303.12

A. Packaged food must not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

B. Bottled and canned beverages on retail display must not be stored in contact with water or undrained ice.

C. Whole, raw fruits or vegetables; cut, raw vegetables such as celery, carrot sticks, and cut potatoes; and tofu may be immersed in ice or water.

D. Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0270 Food Contact with Equipment and Utensils. 3-304.11

Food must only contact surfaces of:

A. equipment and utensils that are cleaned as specified in parts 4626.0840 to 4626.0885 and sanitized as specified in parts 4626.0900 and 4626.0905;P1

B. single-service and single-use articles;P1 or

C. linens such as cloth napkins specified in part 4626.0280 that are laundered as required by parts 4626.0910 to 4626.0930.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0275 In-Use Utensils; Between-Use Storage. 3-304.12

A. During pauses in food preparation or dispensing, food preparation and dispensing utensils must be stored:

B. For consumer self-service of bulk food, a manual dispensing utensil must be stored as specified in Minnesota Statutes, section 31.84, subdivision 2.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0280 Linens and Napkins; Use Limitation. 3-304.13

Linens such as cloth napkins must not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0285 Wiping Cloths; Use Limitation. 3-304.14

A. Cloths used for wiping food spills from tableware and carry-out containers that occur as food is being served must be maintained dry and used for no other purpose.

B. Cloths used for wiping counters and other equipment surfaces must be:

C. Cloths used for wiping surfaces in contact with raw animal foods must be kept separate from cloths used for other purposes.

D. Dry wiping cloths and the chemical sanitizing solutions specified in item B, subitem (1), in which wet wiping cloths are held between uses must be free of food debris and visible soil.

E. Containers of chemical sanitizing solutions specified in item B, subitem (1), in which wet wiping cloths are held between uses must be stored and used in a manner that prevents contamination of food, equipment, utensils, linens, or single-service or single-use articles.

F. Single-use disposable sanitizer wipes must be used according to U.S. Environmental Protection Agency-approved manufacturer's label use instructions.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0287 Gloves; Use Limitation. 3-304.15

A. If used, single-use gloves must be used for only 1 task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.P1

B. Except as specified in item C, slash-resistant gloves that are used to protect the hands during operations requiring cutting must be used in direct contact only with food that is subsequently cooked as specified in parts 4626.0340 to 4626.0349, such as frozen food or a primal cut of meat.

C. Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

D. Cloth gloves must not be used in direct contact with food unless the food is subsequently cooked as required under parts 4626.0340 to 4626.0349, such as frozen food or a primal cut of meat.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0290 Using Clean Tableware for Second Portions and Refills. 3-304.16

A. Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees shall not use tableware, including single-service articles soiled by the consumer to provide second portions or refills.

B. Except as specified in item C, self-service consumers shall not be allowed to use soiled tableware, including single-service articles to obtain additional food from the display and serving equipment.

C. Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified in part 4626.0575, items A, B, and D.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0295 Refilling Returnables. 3-304.17

A. Except as specified in this part, empty containers returned to a food establishment for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant.P1

B. A take-home food container returned to a food establishment may be refilled at a food establishment with food if the food container is:

C. A take-home food container returned to a food establishment may be refilled at a food establishment with a beverage if:

D. Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, promotional beverage glasses, and vinegar and oil containers, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under part 4626.0575, items A, B, and D.

E. Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0300 Food Storage. 3-305.11

A. Except as specified in items B and C, food must be protected from contamination by storing the food:

B. Food in packages and working containers may be stored less than 6 inches (15 cm) above the floor on case lot handling equipment specified in part 4626.0665.

C. Pressurized beverage containers, cased food in waterproof containers, such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0305 Food Storage; Prohibited Areas. 3-305.12

Food must not be stored:

A. in locker rooms;

B. in toilet rooms;

C. in dressing rooms;

D. in garbage rooms;

E. in mechanical rooms;

F. under sewer lines that are not shielded to intercept potential drips;

G. under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

H. under open stairwells; or

I. under other sources of contamination.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0310 Vended Tcs Food; Original Container. 3-305.13

TCS food dispensed through a vending machine must be in the package in which it was placed at the food establishment or food processing plant at which it was prepared.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0315 Unpackaged Food; Protection from Contamination. 3-305.14

During preparation, unpackaged food must be protected from environmental sources of contamination.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0320 Food Display; Protection from Contamination. 3-306.11

A. Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display must be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means.P1

B. Food preparation and cooking areas must be protected by an impervious shield or by a separation distance to ensure customer safety and prevent food contamination by customers.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0325 Condiments; Protection. 3-306.12

A. Condiments must be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

B. Condiments at a vending machine location must be in individual packages or provided in dispensers that are filled at a location that is approved by the regulatory authority, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0330 Consumer Self-Service Operations. 3-306.13

A. Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish, must not be offered for consumer self-service.P1 This item does not apply to:

B. Consumer self-service operations for ready-to-eat foods must be provided with suitable utensils or effective dispensing methods that protect the food from contamination.P2

C. Consumer self-service operations such as buffets and salad bars must be monitored by food employees trained in safe operating procedures.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0335 Returned Food; Re-Service of Food. 3-306.14

A. Except as specified in item B, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer must not be offered as food for human consumption.P1

B. Except as specified in part 4626.0447, item G, a container of food that is not TCS food may be re-served from one consumer to another if:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0337 Miscellaneous Sources of Contamination. 3-307.11

Food must be protected from contamination that may result from a factor or source not specified in parts 4626.0225 to 4626.0335.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0340 Cooking Raw Animal Foods. 3-401.11

A. Except as specified in items B to D, raw animal foods, such as eggs, fish, meat, poultry, and foods containing these raw animal foods, must be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:

B. Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham must be cooked:

C. A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

D. A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft-cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in item C, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0345 Microwave Cooking. 3-401.12

Raw animal foods cooked in a microwave oven must be:

A. rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

B. covered to retain surface moisture;

C. heated to a temperature of at least 165 degrees F (74 degrees C) in all parts of the food;P1 and

D. allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0347 Plant Food; Cooking for Hot Holding. 3-401.13

Raw fruits and vegetables that are cooked for hot holding must be cooked to a temperature of 135 degrees F (57 degrees C).P2

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0349 Noncontinuous Cooking of Raw Animal Foods. 3-401.14

Raw animal foods that are cooked using a noncontinuous cooking process must be:

A. subject to an initial heating process that is no longer than 60 minutes in duration;P1

B. immediately after initial heating, cooled according to the time and temperature parameters for cooked TCS food in part 4626.0385, item A;P1

C. after cooling, held frozen or cold, as specified for TCS food in part 4626.0395, item A, subitem (2);P1

D. prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time specified in part 4626.0340, items A to C;P1

E. cooled according to the time and temperature parameters for cooked TCS food in part 4626.0385, item A, if not either hot held as specified in part 4626.0395, item A, served immediately, or held using time as a public health control as specified in part 4626.0408 after complete cooking;P1 and

F. prepared and stored according to written procedures that:

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0350 Parasite Destruction. 3-402.11

A. Except as specified in item B, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish must be:

B. Item A does not apply to:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0355 Parasite Destruction; Records. 3-402.12

A. Except as specified in item B, and part 4626.0350, item B, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records at the food establishment for 90 calendar days beyond the time of service or sale of the fish.P2

B. If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified in part 4626.0350 may substitute for the records specified in item A.

C. If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in part 4626.0350, item B, subitem (4), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in part 4626.0350, item B, subitem (4), must be obtained by the person in charge and retained in the records of the food establishment for 90 calendar days beyond the time of service or sale of the fish.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0357 Foods Prepared for Immediate Service. 3-403.10

Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0360 Reheating for Hot Holding. 3-403.11

A. Except as specified in items B, C, and E, TCS food that is cooked, cooled, and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least 165 degrees F (74 degrees C) for 15 seconds.P1

B. Except as specified in item C, TCS food reheated in a microwave oven for hot holding must be reheated so that all parts of the food reach a temperature of at least 165 degrees F (74 degrees C) and the food is rotated or stirred, covered, and allowed to stand covered for 2 minutes after reheating.P1

C. Ready-to-eat TCS food that has been commercially processed, and packaged in a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, must be heated to a temperature of at least 135 degrees F (57 degrees C) when being reheated for hot holding.P1

D. Reheating for hot holding as specified in items A to C must be done rapidly and the time the food is between 41 degrees F (5 degrees C) and the temperatures specified in items A to C must not exceed 2 hours.P1

E. Remaining unsliced portions of meat roasts that are cooked as specified in part 4626.0340, item B, may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified in part 4626.0340, item B.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0365 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0367 Treating Juice. 3-404.11

Juice packaged in a food establishment must be:

A. treated under a HACCP plan as specified in parts 4626.1730 to 4626.1735 to attain a 5-log reduction, which is equal to a 99.999 percent reduction, of the most resistant microorganism of public health significance;P1 or

B. labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance:

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0368 Juice; Treated. 3-202.110

Prepackaged juice must:

A. be obtained from a processor with a HACCP system as specified in Code of Federal Regulations, title 21, part 120;P2 and

B. be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in Code of Federal Regulations, title 21, subpart B, section 120.24.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0370 Frozen Food. 3-501.11

Stored frozen foods must be maintained frozen.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0375 Slacking Tcs Food. 3-501.12

Frozen TCS food that is slacked to moderate the temperature must be held:

A. under mechanical refrigeration that maintains the food temperature at 41 degrees F (5 degrees C) or less; or

B. at any temperature if the food remains frozen.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0380 Thawing. 3-501.13

A. Except as specified in item subitem (4), TCS food must be thawed:

B. Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use must be removed from the reduced oxygen environment:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0385 Cooling Requirements. 3-501.14

A. Cooked TCS food must be cooled:

B. TCS food must be cooled within 4 hours to 41 degrees F (5 degrees C) or less, if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.P1

C. Except as specified in item D, TCS food received in compliance with laws allowing a temperature above 41 degrees F (5 degrees C) during shipment from the supplier as specified in part 4626.0165, item B, must be cooled within 4 hours to 41 degrees F (5 degrees C) or less.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0390 Cooling Methods. 3-501.15

A. Cooling must be accomplished according to the time and temperature criteria in part 4626.0385 by using one or more of the following methods based on the type of food being cooled:

B. When placed in cooling or cold holding equipment, food containers in which food is being cooled must be:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0395 Tcs Food; Hot and Cold Holding. 3-501.16

A. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in part 4626.0408, and except as specified in items B and C, TCS food must be maintained:

B. Eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated equipment that maintains an ambient air temperature of 45 degrees F (7 degrees C) or less.P1

C. TCS food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified in item A, while contained within specially designed equipment that complies with the design and construction requirements in part 4626.0575, item E.

D. For a special event food stand, delivery vehicle, retail food vehicle, portable structure, or cart, dry ice or cold packs may be substituted for mechanical refrigeration required in this part and part 4626.0375 if the temperatures in parts 4626.0370 to 4626.0420 are maintained. Mechanical refrigeration must be provided for TCS foods held for 4 hours or longer.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0400 Date Marking; Ready-to-Eat Tcs Food. 3-501.17

A. (1) This part does not apply to items E and F or to food packaged using a reduced oxygen packaging method as specified in part 4626.0420.

B. Refrigerated, ready-to-eat TCS food prepared and packaged by a processing plant and opened and held for more than 24 hours must be clearly marked using an effective method to indicate the day or date by which the food must be consumed on the premises, sold, or discarded, which is 7 calendar days or less from the date the original container is opened;P2 and

C. A refrigerated, ready-to-eat TCS food ingredient or a portion of a refrigerated, ready-to-eat TCS food that is subsequently combined with additional ingredients or portions of food must retain the date marking of the earliest-prepared or first-prepared ingredient.P2

D. A date marking system that meets the criteria in items A and B may include:

E. Items A and B do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

F. Items A and B do not apply to shellstock.

G. Item B does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0405 Ready-to-Eat, Tcs Food; Disposition. 3-501.18

A. A food specified in part 4626.0400, item A or B, must be discarded if:

B. Refrigerated, ready-to-eat TCS food prepared in a food establishment and dispensed through a refrigerated vending machine with an automatic shutoff control must be discarded if the time exceeds 7 days as specified in part 4626.0400, item A.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0408 Time as Public Health Control. 3-501.19

A. Except as specified in item D, if time only, rather than in conjunction with temperature control, is used as the public health control for a working supply of TCS food before cooking, or for ready-to-eat TCS food that is displayed or held for sale or service, written procedures must be prepared in advance, maintained in the food establishment, and made available to the regulatory authority upon request that specify:P2

B. If time only, rather than in conjunction with temperature control, is used as the public health control up to a maximum of 4 hours:

C. If time only, rather than in conjunction with temperature control, is used as the public health control up to a maximum of 6 hours:

D. A food establishment that serves a highly susceptible population may not use time as specified in item A, B, or C as the public health control for raw eggs.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0410 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0415 Specialized Processing Variance Requirements. 3-502.11

A food establishment must obtain a variance from the regulatory authority as specified in parts 4626.1690 to 4626.1700 before:

A. smoking food as a method of food preservation rather than as a method of flavor enhancement;P2

B. curing food;P2

C. using food additives or adding components, such as vinegar:

D. packaging TCS food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified in part 4626.0420;P2

E. operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption;P2

F. custom processing game animals that are for personal use as food and not for sale or service in a food establishment and not under USDA or "state equal to" inspections;P2

G. sprouting seeds or beans;P2 or

H. preparing food by any method that is not in compliance with this Code.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0420 Reduced Oxygen Packaging Without a Variance; Criteria. 3-502.12

A. Except for a food establishment that obtains a variance as specified in part 4626.0415, a food establishment that packages TCS food using a reduced oxygen packaging method must control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.P1

B. Except as specified in item F, a food establishment that packages TCS food using a reduced oxygen packaging method must have a HACCP plan that contains the information in part 4626.1735 and that:P2

C. Except for fish that is frozen before, during, and after packaging, a food establishment must not package fish using a reduced oxygen packaging method. Reduced oxygen packaged fish must be held frozen until used or removed from reduced oxygen packaging prior to the thawing process.P1

D. Except as specified in items C and F, a food establishment that packages TCS food using a cook-chill or sous-vide process must:

E. Except as specified in item F, a food establishment that packages cheese using a reduced oxygen packaging method must:

F. A HACCP plan is not required when a food establishment uses a reduced oxygen packaging method to package TCS food that is always:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0425 Packaged Food; Standards of Identity. 3-601.11

Packaged food must comply with parts 1545.0360 to 1545.0410 and chapter 1550; the standard of identity requirements in Code of Federal Regulations, title 21, parts 131 to 169, and Code of Federal Regulations, title 9, part 319; and the general requirements in Code of Federal Regulations, title 21, part 130.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0430 Food Honestly Presented. 3-601.12

A. Food must be offered for human consumption in a way that does not mislead or misinform the consumer.

B. Food or color additives, colored overwraps, or lights must not be used to misrepresent the true appearance, color, or quality of food.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0435 Food Labels. 3-602.11

A. Food packaged in a food establishment must be labeled as specified in law, including Code of Federal Regulations, title 21, part 101, and Code of Federal Regulations, title 9, part 317.

B. Label information must include:

C. Bulk food that is available for consumer self-dispensing must be prominently labeled with the following information in plain view of the consumer:

D. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0440 Other Forms of Information. 3-602.12

A. If required by law, consumer warnings must be provided.

B. A food establishment's or manufacturer's dating information on foods must not be concealed or altered.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0442 Consumer Advisory; Disclosure. 3-603.11

A. Except as specified in parts 4626.0340, items C and D, subitem (4), and 4626.0447, item C, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the license holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in items B and C, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.P2

B. The disclosure must include:

C. The reminder must include asterisking the animal-derived foods requiring disclosure to a footnote that states:

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0445 Unsafe, Adulterated, or Contaminated Food. 3-701.11

A. A food that is unsafe or adulterated as specified in part 4626.0125 or not honestly presented as specified in part 4626.0430 must be discarded or reconditioned according to Minnesota Statutes, section 31.495.P1

B. Food that is not from an approved source specified in parts 4626.0130 to 4626.0160 must be discarded.P1

C. Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in part 4626.0045 must be discarded.P1

D. Food that is contaminated by food employees, consumers, or other persons through contact with hands, bodily discharges, including nasal or oral discharges, or other means must be discarded.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0447 Food Served to a Highly Susceptible Population. 3-801.11

In a food establishment that serves a highly susceptible population, the criteria in this part must be followed.

A. The following criteria apply to juice:

B. Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of:

C. The following foods may not be served or offered for sale in a ready-to-eat form:

D. Food employees may not contact ready-to-eat food as specified in part 4626.0225, item A.P1

E. Time only, as the public health control as specified in part 4626.0408, item D, may not be used for raw eggs.P1

F. Item B, subitem (2), does not apply if:

G. Except as specified in item H, food may be re-served as specified in part 4626.0335, item B, subitems (1) and (2).

H. Food may not be re-served under the following conditions:

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0450 Food-Contact Surfaces; Characteristics and Materials. 4-101.11

Materials that are used in the construction of utensils and food-contact surfaces of equipment must not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions must be:P1

A. safe;P1

B. durable, corrosion-resistant, and nonabsorbent;

C. sufficient in weight and thickness to withstand repeated warewashing;

D. finished to have a smooth, easily cleanable surface; and

E. resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0455 Cast Iron; Use Limitation. 4-101.12

A. Except as specified in items B and C, cast iron must not be used for utensils or food-contact surfaces of equipment.

B. Cast iron may be used as a surface for cooking.

C. Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0460 Lead; Use Limitation. 4-101.13

A. Ceramic, china, crystal utensils, and decorative utensils, such as hand-painted ceramic or china, that are used in contact with food must be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:P1

B. Pewter alloys containing lead in excess of 0.05 percent must not be used as a food-contact surface.P1

C. Solder and flux containing lead in excess of 0.2 percent must not be used as a food-contact surface.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0465 Copper; Use Limitation. 4-101.14

A. Except as specified in item B, copper and copper alloys, such as brass, must not be used in contact with a food that has a pH below 6, such as vinegar, fruit juice, or wine, or for a fitting or tubing installed between a backflow prevention device and a carbonator.P1

B. Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0470 Galvanized Metal; Use Limitation. 4-101.15

Galvanized metal must not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0475 Sponges; Use Limitation. 4-101.16

Sponges must not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0480 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0485 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0490 Wood; Use Limitation. 4-101.17

A. Except as specified in items B to D, wood and wood wicker must not be used as a food-contact surface.

B. Hard maple or an equivalently hard, close-grained wood may be used for:

C. Whole, uncut, raw fruits and vegetables and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

D. If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0493 Nonstick Coatings; Use Limitations. 4-101.18

Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a nonstick coating must be used with nonscouring or nonscratching utensils and cleaning aids.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0495 Non-Food-Contact Surfaces; Characteristics. 4-101.19

Non-food-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning must be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0500 Single-Service and Single-Use Articles; Characteristics. 4-102.11

Materials that are used to make single-service and single-use articles:

A. must not:

B. must be:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0505 Equipment and Utensils. 4-201.11

Equipment and utensils must be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0506 Equipment

A. The following equipment, including types of equipment listed in this part that are custom fabricated, must be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program for food service equipment:

B. Exhaust hoods must meet the requirements in the Minnesota Mechanical Code, Minnesota Rules, chapter 1346.

C. Vending machines and machines used to dispense water or food must be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program or be accredited to meet the standards of the National Automatic Merchandising Association (NAMA) specified in NAMA Standard for the Sanitary Design and Construction of Food and Beverage Vending Machines. This publication is incorporated by reference, is subject to infrequent change, and can be found at www.namanow.org/vending/certified-companies.

D. Vending machines that vend water must meet the standards in parts 1550.3200 to 1550.3320.

E. If a standard developed by an ANSI-accredited standards developer is not available for a piece of equipment specified in item A, the equipment must:

F. A neighborhood kitchen may use equipment other than ANSI-certified equipment required in item A to heat and serve food previously cooked in a primary approved commercial kitchen. A neighborhood kitchen may also prepare and serve food other than raw animal foods, provided that grease or moisture does not accumulate on adjacent surfaces.

G. A food establishment that is an adult care center, child care center, or boarding establishment does not need to comply with item A if approved by the regulatory authority and the food establishment:

H. A bed and breakfast serving only 1 meal a day does not need to comply with item A.

I. A special event food stand, retail food vehicle, portable structure, or cart does not need to comply with item A.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0510 Food Temperature Measuring Devices. 4-201.12

Food temperature measuring devices must not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0515 Multiuse Food-Contact Surfaces; Characteristics. 4-202.11

A. Multiuse food-contact surfaces must be:

B. Item A, subitem (5), does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0520 Cip Equipment. 4-202.12

A. CIP equipment must meet the characteristics in part 4626.0515 and must be designed and constructed so that:

B. CIP equipment that is not designed to be disassembled for cleaning must be designed with inspection access points to ensure that all interior food-contact surfaces throughout the fixed system are effectively cleaned.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0525 "v"-Type Threads; Use Limitation. 4-202.13

Except for hot oil cooking or filtering equipment, "V"-type threads must not be used on food-contact surfaces.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0530 Hot Oil Filtering Equipment. 4-202.14

Hot oil filtering equipment must meet the characteristics specified in part 4626.0515 or 4626.0520 and must be readily accessible for filter replacement and cleaning.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0535 Can Openers. 4-202.15

Cutting or piercing parts of can openers must be readily removable for cleaning and replacement.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0540 Non-Food-Contact Surfaces. 4-202.16

Non-food-contact surfaces must be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0545 Kick Plates, Removable; Enclosed Hollow Bases. 4-202.17

A. Kick plates must be designed so that the areas behind them are accessible for inspection and cleaning by being:

B. In new or extensively remodeled establishments, enclosed hollow bases are prohibited.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0550 Ventilation Hood Systems; Filters. 4-202.18

Filters or other grease extracting equipment must be designed to be readily removable for cleaning and replacing if not designed to be cleaned in place.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0555 Temperature Measuring Devices; Food. 4-203.11

A. Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit must be accurate to plus or minus 1 degree C in the intended range of use.P2

B. Food temperature measuring devices that are scaled only in Fahrenheit must be accurate to plus or minus 2 degrees F in the intended range of use.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0560 Temperature Measuring Devices; Ambient Air and Water. 4-203.12

A. Ambient air and water temperature measuring devices that are scaled in Celsius or dually scaled in Celsius and Fahrenheit must be designed to be easily readable and accurate to plus or minus 1.5 degrees C in the intended range of use.P2

B. Ambient air and water temperature measuring devices that are scaled only in Fahrenheit must be accurate to plus or minus 3 degrees F in the intended range of use.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0563 Pressure Measuring Devices; Mechanical Warewashing Equipment. 4-203.13

Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse must have increments of 1 pound per square inch (7 kilopascals) or smaller and must be accurate to plus or minus 2 pounds per square inch (plus or minus 14 kilopascals) in the range indicated on the manufacturer's data plate.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0565 Ventilation Hood Systems, Drip Prevention. 4-204.11

Exhaust ventilation hood systems in food preparation and warewashing areas, including hoods, fans, guards, ducting, and other components, must be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0570 Equipment Openings, Closures, and Deflectors. 4-204.12

A. A cover or lid for equipment must overlap the opening and be sloped to drain.

B. An opening located within the top of a unit of equipment that is designed for use with a cover or lid must be flanged upward at least 2/10 inch (5 millimeters).

C. Except as specified in item D, fixed piping, temperature measuring devices, rotary shafts, and other parts extending into equipment must be provided with a watertight joint at the point where the item enters the equipment.

D. If a watertight joint is not provided:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0575 Dispensing Equipment; Protection of Equipment and Food. 4-204.13

In equipment that dispenses or vends liquid food or ice in unpackaged form:

A. the delivery tube, chute, orifice, and splash surfaces directly above the container receiving the food must be designed in a manner, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food;

B. the delivery tube, chute, and orifice must be protected from manual contact such as by being recessed;

C. the delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers must be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing door if the equipment is:

D. the dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment must be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled; and

E. the dispensing equipment in which TCS food in a homogenous liquid form is maintained outside of the temperature control requirements in part 4626.0395, item A, must:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0580 Vending Machine; Vending Stage Closure. 4-204.14

The dispensing compartment of a vending machine, including a machine that is designed to vend prepackaged snack food that is not TCS, such as chips, party mixes, and pretzels, must be equipped with a self-closing door or cover if the machine is:

A. located in an outside area that does not otherwise afford the protection of an enclosure against rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

B. available for self-service during hours when it is not under the full-time supervision of a food employee.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0585 Bearings and Gear Boxes; Leakproof. 4-204.15

Equipment containing bearings and gears that require lubricants must be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0590 Beverage Tubing; Separation. 4-204.16

Except for cold plates that are constructed integrally with an ice storage bin, beverage tubing and cold-plate beverage cooling devices must not be installed in contact with stored ice.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0595 Ice Units; Separation of Drains. 4-204.17

Liquid waste drain lines must not pass through an ice machine or ice storage bin.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0600 Condenser Unit; Separation. 4-204.18

If a condenser unit is an integral component of equipment, the condenser unit must be separated from the food and food storage space by a dustproof barrier.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0605 Can Openers on Vending Machines. 4-204.19

Cutting or piercing parts of can openers on vending machines must be protected from manual contact, dust, insects, rodents, and other contamination.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0610 Molluscan Shellfish Tanks. 4-204.110

A. Except as specified in item B, molluscan shellfish life support system display tanks must be used only to display shellfish that are not offered for human consumption and must be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only.P1

B. Molluscan shellfish life support system display tanks used to store or display shellfish that are offered for human consumption must be operated and maintained according to a variance granted by the regulatory authority as specified in parts 4626.1690 to 4626.1715, and a HACCP plan that:P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0615 Vending Machines; Automatic Shutoff. 4-204.111

A. A machine vending TCS food must have an automatic control that prevents the machine from vending food:

B. When the automatic shutoff within a machine vending TCS food is activated:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0620 Ambient Air Temperature Measuring Devices. 4-204.112

A. In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device must be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.

B. Except as specified in item C, cold or hot holding equipment used for TCS food must be designed to include and must be equipped with at least 1 integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.

C. Item B does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad bars.

D. Temperature measuring devices must be designed to be easily readable.

E. Food temperature measuring devices and water temperature measuring devices on warewashing machines must have a numerical scale, printed record, or digital readout in increments no greater than 2 degrees F or 1 degree C in the intended range of use.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0625 Warewashing Machines; Data Plate Operating Specifications. 4-204.113

A warewashing machine must be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications, including the:

A. temperatures required for washing, rinsing, and sanitizing;

B. pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and

C. conveyor speed for conveyor machines or cycle time for stationary rack machines.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0630 Warewashing Machines; Internal Baffles. 4-204.114

Warewashing machine wash and rinse tanks must be equipped with baffles, curtains, or other means to minimize internal cross-contamination of the solutions in wash and rinse tanks.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0635 Warewashing Machines; Temperature Measuring Devices. 4-204.115

A warewashing machine must be equipped with a temperature measuring device that indicates the temperature of the water:

A. in each wash and rinse tank;P2 and

B. as the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0640 Manual Warewashing Equipment; Heaters and Baskets. 4-204.116

If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink must be:

A. designed with an integral heating device that is capable of maintaining water at a temperature not less than 171 degrees F (77 degrees C);P2 and

B. provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0643 Warewashing Machines; Automatic Dispensing of Detergents and Sanitizers. 4-204.117

A warewashing machine that is installed after September 8, 1998, must be equipped to:

A. automatically dispense detergents and sanitizers;P2 and

B. incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0645 Warewashing Machines; Flow Pressure Device. 4-204.118

A. Warewashing machines that provide a fresh hot water sanitizing rinse must be equipped with a pressure gauge, or similar device such as a transducer, that measures and displays the water pressure in the supply line immediately before entering the warewashing machine.

B. If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device must be mounted in a 1/4-inch (6.4 millimeter) iron pipe size (IPS) valve.

C. Items A and B do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0650 Warewashing Sinks and Drainboards; Self-Draining. 4-204.119

Sinks and drainboards of warewashing sinks and machines must be self-draining.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0655 Equipment; Drainage. 4-204.120

Compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice, must be sloped to an outlet that allows complete draining.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0660 Vending Machines; Liquid Waste Products. 4-204.121

A. Vending machines designed to store beverages that are packaged in containers made from paper products must be equipped with diversion devices and retention pans or drains for container leakage.

B. Vending machines that dispense liquid food in bulk must be:

C. The shutoff device in item B, subitem (2), must prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that could lead to overflow of the waste receptacle.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0665 Case Lot Handling Apparatuses; Moveability. 4-204.122

Apparatuses, such as dollies, pallets, racks, and skids, used to store and transport large quantities of packaged foods received from a supplier in a cased or overwrapped lot must be designed to be moved by hand or by conveniently available apparatuses such as hand trucks and forklifts.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0670 Vending Machine Doors and Openings. 4-204.123

A. Vending machine doors and access opening covers to food and container storage spaces must be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than 1/16 inch (1.5 millimeters) by:

B. Vending machine service connection openings through an exterior wall of a machine must be closed by sealants, clamps, or grommets so that the openings are no larger than 1/16 inch (1.5 millimeters).

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0675 Cooling, Heating, and Holding Capacities. 4-301.11

Equipment for cooling and heating food, and holding cold and hot food, must be sufficient in number and capacity to provide the food temperatures specified in parts 4626.0360, 4626.0370, 4626.0385, and 4626.0395.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0680 Manual Warewashing; Sink Compartment Requirements. 4-301.12

A. Except as specified in items C to H, a sink with at least 3 compartments and with integrally attached drainboards at each end must be provided for manually washing, rinsing, and sanitizing equipment and utensils.P2

B. Sink compartments must be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment specified in item C must be used.P2

C. Alternative manual warewashing equipment that meets the requirements in parts 4626.0875 and 4626.0880 may be used when there are special cleaning needs or constraints and its use is approved by the regulatory authority. Alternative manual warewashing equipment may include:

D. The regulatory authority may allow mechanical warewashing equipment in lieu of the required 3-compartment sink as long as the mechanical warewashing equipment is capable of accommodating the largest piece of equipment to be washed, rinsed, and sanitized and meets the requirements of parts 4626.0506 and 4626.0905.

E. A food cart that does not have an approved 3-compartment sink installed on the cart must have a separate licensed facility, or an agreement with a licensed facility. The facility must have an approved 3-compartment sink or mechanical warewashing machine where all the utensils and multiuse equipment for the food cart are washed, rinsed, and sanitized before and after use at an event.P2

F. A mobile food unit must be equipped with warewashing facilities consisting of at least a 3-compartment sink, either freestanding or installed in a counter.P2

G. A seasonal temporary food stand that is disassembled after each use may use 3 containers of sufficient size to immerse utensils in lieu of the requirement in item A.

H. A special event food stand may be equipped with a warewashing facility consisting of at least 3 containers of sufficient size to fully immerse all multiuse equipment and utensils.

I. A food cart, special event food stand, temporary food establishment, retail food vehicle, portable structure, or cart is exempt from the manual warewashing sink and equipment requirements of this part if no multiuse utensils or equipment are used in the operation of the food establishment.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0685 Drainboards. 4-301.13

A. Integral drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation must be provided for necessary utensil holding before cleaning and after sanitizing.

B. Hot water sanitizing machines must have space for and a minimum of 3 racks for drying utensils.

C. Chemical sanitizing machines must have space for and a minimum of 5 racks for drying utensils.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0690 Ventilation Hood Systems; Adequacy. 4-301.14

Ventilation hood systems and devices must be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0695 Clothes Washers and Dryers. 4-301.15

A. Except as specified in item B, if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer must be provided and used.

B. If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air-dried as specified in part 4626.0940, a mechanical clothes washer and dryer need not be provided.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0700 Utensils; Consumer Self-Service. 4-302.11

A food dispensing utensil must be available for each container displayed at consumer self-service units such as a buffet or salad bar.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0705 Food Temperature Measuring Devices Required. 4-302.12

A. Food temperature measuring devices must be provided and readily accessible for use in ensuring attainment and maintenance of the food temperatures specified in parts 4626.0165 and 4626.0340 to 4626.0420.P2

B. A temperature measuring device with a suitable small diameter probe that is designed to measure the temperature of thin masses must be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish fillets.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0710 Temperature Measuring Devices; Warewashing. 4-302.13

A. In manual warewashing operations, a temperature measuring device must be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.P2

B. In hot water mechanical warewashing operations, an irreversible registering temperature indicator must be provided and readily accessible for measuring the utensil surface temperature.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0715 Sanitizing Solutions; Testing Devices. 4-302.14

A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions must be provided.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0720 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0721 Cleaning Agents and Sanitizers; Availability. 4-303.11

A. Cleaning agents that are used to clean equipment and utensils specified under parts 4626.0840 to 4626.0885 must be provided and available for use during all hours of operation.

B. Except for those that are generated onsite at the time of use, chemical sanitizers that are used to sanitize equipment and utensils specified in parts 4626.0900 and 4626.0905 must be provided and available for use during all hours of operation.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0725 Fixed Equipment; Spacing or Sealing. 4-402.11

A. Equipment that is fixed because it is not easily movable must be installed so that it is:

B. Counter-mounted equipment that is not easily movable must be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0730 Fixed Equipment; Elevation or Sealing. 4-402.12

A. Except as specified in items B and C, floor-mounted equipment that is not easily movable must be sealed to the floor or elevated on legs that provide at least a 6-inch (15 centimeter) clearance between the floor and the equipment.

B. If no part of the floor under the floor-mounted equipment is more than 6 inches (15 centimeters) from the point of cleaning access, the clearance space may be 4 inches (10 centimeters).

C. This part does not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas if the floor under the units is maintained clean.

D. Except as specified in item E, counter-mounted equipment that is not easily movable must be elevated on legs that provide at least a 4-inch (10 centimeter) clearance between the table and the equipment.

E. The clearance space between the table and counter-mounted equipment must be:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0735 Equipment; Good Repair and Proper Adjustment. 4-501.11

A. Equipment must be maintained in a state of repair and condition that meets the requirements in parts 4626.0450 to 4626.0670.

B. Equipment components such as doors, seals, hinges, fasteners, and kick plates must be kept intact, tight, and adjusted according to manufacturer's specifications.

C. Cutting or piercing parts of can openers must be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0740 Cutting Surfaces. 4-501.12

Surfaces such as cutting blocks and boards that are subject to scratching and scoring must be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0745 Microwave Ovens. 4-501.13

Microwave ovens must meet the safety standards in Code of Federal Regulations, title 21, section 1030.10.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0750 Warewashing Equipment and Food Preparation Sinks; Cleaning Frequency. 4-501.14

A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified in part 4626.0685 must be cleaned:

A. before use;

B. throughout the day at a frequency necessary to prevent recontamination of equipment and utensils and to ensure that the equipment performs its intended function; and

C. if used, at least every 24 hours.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0755 Warewashing Machine; Manufacturer's Operating Instructions. 4-501.15

A. A warewashing machine and its auxiliary components must be operated according to the machine's data plate and other manufacturer's instructions.

B. A warewashing machine's conveyor speed or automatic cycle times must be maintained accurately timed according to manufacturer's specifications.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0760 Warewashing Sinks; Use Limitation. 4-501.16

A. A warewashing sink must not be used for handwashing or dumping mop water.

B. For food establishments licensed before September 8, 1998:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0765 Warewashing Equipment; Cleaning Agents. 4-501.17

When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment specified in part 4626.0680, item C, must contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0770 Warewashing Equipment; Clean Solutions. 4-501.18

The wash, rinse, and sanitize solutions must be maintained clean.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0775 Manual Warewashing Equipment; Wash Solution Temperature. 4-501.19

The temperature of the wash solution in manual warewashing equipment must be maintained at not less than 110 degrees F (43 degrees C) or the temperature specified on the cleaning agent manufacturer's label instructions.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0780 Food Preparation Sinks

A. A newly licensed food establishment must have a separate food preparation sink if food will be washed or thawed using a sink.

B. If a food establishment is extensively remodeled, or adds a food product to the menu that requires washing or thawing in a sink, a separate food preparation sink must be provided.

C. A food preparation sink must not be used for anything other than food preparation.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0785 Mechanical Warewashing Equipment; Wash Solution Temperature. 4-501.110

A. The temperature of the wash solution in spray-type warewashers that use hot water to sanitize must not be less than:

B. The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize must not be less than 120 degrees F (49 degrees C).P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0790 Manual Warewashing Equipment; Hot Water Sanitization Temperatures. 4-501.111

If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water must be maintained at 171 degrees F (77 degrees C) or above.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0795 Mechanical Warewashing Equipment; Hot Water Sanitization Temperatures. 4-501.112

A. Except as specified in item B, in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold must not be more than 194 degrees F (90 degrees C) or less than:P2

B. The maximum temperature specified in item A does not apply to high pressure and temperature systems with wand-type, hand-held spraying devices used for in-place cleaning and sanitizing of equipment, such as meat saws.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0800 Mechanical Warewashing Equipment; Sanitization Rinse Pressure. 4-501.113

The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control valve, must be within the range specified on the machine manufacturer's data plate and must not be less than 5 pounds per square inch (35 kilopascals) or more than 30 pounds per square inch (200 kilopascals).

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0805 Manual and Mechanical Warewashing Equipment; Chemical Sanitization, Temperature, Ph, Concentration, and Hardness. 4-501.114

A. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at the exposure times specified in part 4626.0905, item C, must meet the requirements of part 4626.1620. The sanitizer must be used according to this part and the manufacturer's label approved by the U.S. Environmental Protection Agency.P1

B. The sanitizer must not exceed the amount specified on the manufacturer's label approved by the U.S. Environmental Protection Agency.P1

C. If a sanitizer is used in an amount less than the maximum amount specified on the label in item B, the sanitizer must be used as specified in this item.P1

D. If another solution of a chemical specified under items A to C is used, the licensee shall demonstrate that the solution achieves sanitization as defined in part 4626.0020, subpart 75, and the use of the solution must be approved by the regulatory authority.P1

E. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, the chemical sanitizer must be applied according to U.S. Environmental Protection Agency-registered label use instructions.P1

F. If a chemical sanitizer is generated by a device located on site at the food establishment, it must be used as specified in items A to D and must be produced by a device that:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0810 Manual Warewashing Equipment; Chemical Sanitization Using Detergent-Sanitizers. 4-501.115

If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step must be the same detergent-sanitizer that is used in the washing step.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0815 Warewashing Equipment Test Kit. 4-501.116

Concentration of the sanitizing solution must be accurately determined by using a test kit or other device.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0820 Utensils and Temperature Measuring Devices; Good Repair and Proper Calibration. 4-502.11

A. Utensils must be maintained in a state of repair or condition that complies with parts 4626.0450 to 4626.0670 or must be discarded.

B. Food temperature measuring devices must be calibrated according to manufacturer's specifications as necessary to ensure their accuracy.P2

C. Ambient air temperature, water pressure, and water temperature measuring devices must be maintained in good repair and be accurate within the intended range of use.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0825 Single-Service and Single-Use Articles; Required Use. 4-502.12

A food establishment without facilities specified in parts 4626.0840 to 4626.0905 for cleaning and sanitizing kitchenware and tableware must provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by the consumer.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0830 Single-Service and Single-Use Articles; Re-Use Limitation. 4-502.13

Single-service and single-use articles must not be re-used.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0833 Bulk Milk Containers

The bulk milk container dispensing tube must be cut on the diagonal leaving no more than 1 inch protruding from the chilled dispensing head.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0835 Shells; Use Limitation. 4-502.14

Mollusk and crustacea shells must not be used more than once as serving containers.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0840 Equipment, Food-Contact Surfaces, Non-Food-Contact Surfaces, and Utensils. 4-601.11

A. Equipment food-contact surfaces and utensils must be clean to sight and touch.P2

B. The food-contact surfaces of cooking equipment and pans must be kept free of encrusted grease deposits and other soil accumulations.

C. Non-food-contact surfaces of equipment must be kept free of an accumulation of dust, dirt, food residue, and other debris.

D. Water filters used as part of a vending machine must be cleaned or replaced according to the manufacturer's instructions.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0845 Equipment; Food-Contact Surfaces, and Utensils. 4-602.11

A. Equipment food-contact surfaces and utensils must be cleaned:

B. Item A, subitem (1), does not apply if the food-contact surface or utensil is in contact with a succession of different raw animal foods each requiring a higher cooking temperature than the previous type as specified in part 4626.0340.

C. Except as specified in item D, if used with TCS food, equipment food-contact surfaces and utensils must be cleaned throughout the day at least once every 4 hours.P1

D. Surfaces of utensils and equipment contacting TCS food may be cleaned less frequently than every 4 hours if:

E. Except when dry cleaning methods are used as specified in part 4626.0860, surfaces of utensils and equipment contacting food that is not TCS food must be cleaned:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0850 Cooking and Baking Equipment. 4-602.12

A. The food-contact surfaces of cooking and baking equipment must be cleaned at least every 24 hours. This part does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in part 4626.0845, item D, subitem (6).

B. The cavities and door seals of microwave ovens must be cleaned at least every 24 hours by using the manufacturer's recommended cleaning procedure.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0855 Non-Food-Contact Surfaces; Cleaning Frequency. 4-602.13

Non-food-contact surfaces of equipment must be cleaned at a frequency necessary to preclude accumulation of soil residues.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0860 Dry Cleaning. 4-603.11

A. If used, dry cleaning methods such as brushing, scraping, and vacuuming must contact only surfaces that are soiled with dry food residues that are not TCS food.

B. Cleaning equipment used in dry cleaning food-contact surfaces must not be used for any other purpose.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0865 Precleaning. 4-603.12

A. Food debris on equipment and utensils must be scraped over a waste disposal unit or garbage receptacle or must be removed in a warewashing machine with a prewash cycle.

B. If necessary for effective cleaning, utensils and equipment must be preflushed, presoaked, or scrubbed with abrasives.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0870 Loading of Soiled Items; Warewashing Machines. 4-603.13

Soiled items to be cleaned in a warewashing machine must be loaded into racks, trays, or baskets or onto conveyors in a position that:

A. exposes the items to the unobstructed spray from all cycles; and

B. allows the items to drain.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0875 Wet Cleaning. 4-603.14

A. Equipment food-contact surfaces and utensils must be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary, such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.

B. The washing procedures selected must be based on the type and purpose of the equipment or utensil and on the type of soil to be removed.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0880 Washing; Procedures for Alternative Manual Warewashing Equipment. 4-603.15

If washing in sink compartments or a warewashing machine is impractical, such as when the equipment is fixed or the utensils are too large, washing must be done by using alternative manual warewashing equipment specified in part 4626.0680, item C, according to the following procedures:

A. equipment must be disassembled as necessary to allow access of the detergent solution to all parts;

B. equipment components and utensils must be scraped or roughly cleaned to remove food particle accumulation; and

C. equipment and utensils must be washed as specified in part 4626.0875, item A.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0885 Utensils and Equipment; Rinsing Procedures. 4-603.16

Washed utensils and equipment must be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution using one of the following procedures:

A. use of a distinct, separate water rinse after washing and before sanitizing if using:

B. use of a detergent-sanitizer specified in part 4626.0810 if using:

C. if using a warewashing machine that does not recycle the sanitizing solution as specified in item D, or alternative manual warewashing equipment, such as sprayers, use of a nondistinct water rinse that is:

D. if using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0890 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0895 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.0900 Before Use After Cleaning. 4-702.11

Utensils and food-contact surfaces of equipment must be sanitized before use after cleaning.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0905 Hot Water and Chemical Sanitization. 4-703.11

After being cleaned, equipment, food-contact surfaces, and utensils must be sanitized in:

A. hot water manual operations by immersion for at least 30 seconds as specified in part 4626.0790;P1

B. hot water mechanical operations by being cycled through equipment that is set up as specified in parts 4626.0755, 4626.0795, and 4626.0800 and achieving a utensil surface temperature of 160 degrees F (71 degrees C) as measured by an irreversible registering temperature indicator;P1 or

C. chemical manual or mechanical operations, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution specified in part 4626.0805. Contact times must be consistent with U.S. Environmental Protection Agency-registered label use instructions by providing:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0910 Clean Linens. 4-801.11

Clean linens must be free from food residues and other soiling matter.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0915 Linens, Cloth Gloves, and Wiping Cloths; Frequency of Laundering. 4-802.11

A. Linens that do not come in direct contact with food must be laundered between operations if they become wet, sticky, or visibly soiled.

B. Cloth gloves used as specified in part 4626.0287, item D, must be laundered before being used with a different type of raw animal food, such as beef, lamb, pork, fish, or poultry.

C. Linens used as specified in part 4626.0280 and cloth napkins must be laundered between each use.

D. Wet wiping cloths must be laundered daily.

E. Dry wiping cloths must be laundered as necessary to prevent contamination of food and clean serving utensils.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0920 Storage of Soiled Linens. 4-803.11

Soiled linens must be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0925 Linens; Mechanical Washing. 4-803.12

A. Except as specified in item B, linens must be mechanically washed.

B. In food establishments in which only wiping cloths are laundered as specified in part 4626.0695, item B, the wiping cloths may be laundered in a mechanical washer, a sink designated only for laundering wiping cloths, or a warewashing sink that is cleaned as specified in part 4626.0750.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0930 Laundry Facilities; Use Limitations. 4-803.13

A. Except as specified in item B, laundry facilities on the premises of a food establishment must be used only for the washing and drying of items used in the operation of the establishment.

B. Separate laundry facilities located on the premises for general laundering for institutions providing boarding and lodging may also be used for laundering food establishment items.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0935 Equipment and Utensils; Air-Drying Required. 4-901.11

A. Except as specified in item B, after cleaning and sanitizing, equipment and utensils must be air-dried.

B. Utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

C. After cleaning and sanitizing, equipment and utensils must be adequately drained before contacting food if chemical sanitizer formulations and limits in Code of Federal Regulations, title 40, section 180.940, are used.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0940 Wiping Cloths; Air-Drying Locations. 4-901.12

Wiping cloths laundered in a food establishment that does not have a mechanical clothes dryer specified in part 4626.0695, item B, must be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, single-service and single-use articles, and the wiping cloths. This part does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified in part 4626.0805.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0945 Lubricants; Food-Contact Surfaces. 4-902.11

Lubricants as specified in part 4626.1640 must be applied to food-contact surfaces that require lubrication in a manner that does not contaminate the food-contact surfaces.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0950 Equipment Reassembly. 4-902.12

Equipment must be reassembled so that food-contact surfaces are not contaminated.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0955 Equipment, Utensils, Linens, and Single-Service and Single-Use Articles; Storage. 4-903.11

A. Except as specified in item D, clean equipment and utensils, laundered linens, and single-service and single-use articles must be stored:

B. Clean equipment and utensils must be stored as specified in item A and must be stored:

C. Single-service and single-use articles must be stored as specified in item A and must be kept in the original protective package or stored by using other means that afford protection from contamination until used.

D. Items that are kept in closed packages may be stored less than 6 inches (15 centimeters) above the floor on dollies, pallets, racks, and skids that are designed as specified in part 4626.0665.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0960 Storage Prohibitions. 4-903.12

A. Except as specified in item B, food, cleaned and sanitized equipment, utensils, laundered linens, or single-service and single-use articles must not be stored:

B. Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room.

C. If a mechanical clothes washer and dryer is provided, it must be located so that the washer and dryer is protected from contamination and is located only in an area where there is no exposed food, clean equipment, utensils, or linens, or unwrapped single-service or single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0965 Kitchenware and Tableware. 4-904.11

A. Single-service and single-use articles and cleaned and sanitized utensils must be handled, displayed, and dispensed so that contamination of a food-contact or lip-contact surface is prevented.

B. Knives, forks, and spoons that are not prewrapped must be presented so that only the handles are touched by employees and by consumers if consumer self-service is provided.

C. Except as specified in item B, single-service articles that are intended for food contact or lip contact must be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0970 Soiled Tableware. 4-904.12

Soiled tableware must be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0975 Preset Tableware. 4-904.13

A. Except as specified in item B, tableware that is preset must be protected from contamination by being wrapped, covered, or inverted.

B. Preset tableware may be exposed if:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0977 Rinsing Equipment and Utensils After Cleaning and Sanitizing. 4-904.14

After being cleaned and sanitized, equipment and utensils must not be rinsed before air drying or use unless:

A. the rinse is applied directly from a drinking water supply by a warewashing machine that is maintained and operated as specified in parts 4626.0625 to 4626.0645 and 4626.0735 to 4626.0815; and

B. the rinse is applied only after the equipment and utensils have been sanitized by the application of hot water, or by the application of a chemical sanitizer solution where the U.S. Environmental Protection Agency-registered label use instruction calls for rinsing off the sanitizer after it is applied in a commercial warewashing machine.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.0980 Drinking Water Approved Source. 5-101.11

Drinking water must be obtained from an approved source that meets the requirements in chapters 4720 and 4725 and Minnesota Statutes, section 31.175.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0985 Drinking Water System Flushing and Disinfection. 5-101.12

A drinking water system must be flushed and disinfected according to chapters 4714, 4720, and 4725 before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contamination to the system.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.0990 Bottled Drinking Water. 5-101.13

Bottled drinking water used or sold in a food establishment must be obtained from approved sources according to Code of Federal Regulations, title 21, part 129, and must comply with parts 1550.3200 to 1550.3320 and applicable federal and state laws.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.0995 Drinking Water Standards. 5-102.11

Except as specified in part 4626.1000:

A. water from a public water system must meet the requirements of chapters 4714, 4720, and 4725;P1 and

B. water from a nonpublic water system must meet the drinking water quality standards of noncommunity transient water systems.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.1000 Nondrinking Water. 5-102.12

Nondrinking water may be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, and fire protection.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1005 Water Sampling. 5-102.13

A. Drinking water from a public water system must be sampled and tested as required in chapter 4720.P2

B. Drinking water from a nonpublic water system must be sampled at the same frequency and tested for the same parameters as a public noncommunity transient water system. Sample collection protocols must follow the requirements in chapter 4720.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1010 Water Sample Report; Notification and Retention. 5-102.14

A. The most recent report of water quality shall be retained on file in the food establishment and the report shall be maintained as specified in chapter 4720.

B. The licensee of a food establishment with a nonpublic water system shall notify the regulatory authority of the failure to comply with national primary drinking water regulations as follows:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1015 Water System Capacity. 5-103.11

A. The water source and system must be of sufficient capacity to meet the peak water demands of the food establishment.P2

B. Hot water generation and distribution systems must be sufficient to meet the peak hot water demands throughout the food establishment.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1020 Water Pressure. 5-103.12

Water under pressure must be provided to all fixtures, equipment, and nonfood equipment that are required to use water except that a seasonal temporary food stand that is disassembled after every use, a special event food stand, or a response to a temporary interruption of a water supply need not be under pressure.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1025 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1030 Water System. 5-104.11

Water must be received from the source through the use of:

A. an approved public water main regulated under chapter 4720;P2 or

B. one or more of the following means that must be constructed, maintained, and operated according to applicable state laws and rules:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.1035 Alternative Water Supply. 5-104.12

Water meeting the requirements of parts 4626.0980 to 4626.1020 must be made available for a food cart, mobile food unit, seasonal temporary food stand, or special event food stand without a permanent water supply, and for a food establishment with a temporary interruption of its water supply through:

A. containers of commercially bottled drinking water that comply with Code of Federal Regulations, title 21, part 129, and parts 1550.3200 to 1550.3320;P2

B. one or more closed portable water containers that comply with parts 4720.4300 to 4720.4400 and applicable state laws;P2

C. an enclosed vehicular water tank that complies with parts 4720.4300 to 4720.4400;P2

D. piping, tubing, or hoses connected to an adjacent source that complies with parts 4626.1140 and 4626.1160 and chapters 4720 and 4725;P2 or

E. a water vending machine as defined in part 1550.3200, subpart 32.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1040 Plumbing System; Approved Materials, Installation, and Maintenance. 5-201.11

A. A plumbing system must be designed, constructed, installed, and repaired with approved materials, equipment, and devices according to chapter 4714 and Minnesota Statutes, sections 326B.43 to 326B.49.P1

B. A plumbing system must be maintained in good repair.

C. A water filter must be made of safe materials.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; L 2007 c 140 art 6 s 15; art 13 s 4; 40 SR 71; 43 SR 295

Minn. R. 4626.1045 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1050 Handwashing Sink; Installation. 5-202.12

A. A handwashing sink must be equipped to provide water at a temperature to allow handwashing for at least 15 seconds through a mixing valve or combination faucet.P2

B. A steam mixing valve must not be used at a handwashing sink.

C. A self-closing, slow-closing, or metering faucet must provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

D. An automatic handwashing facility must be installed according to the manufacturer's instructions and specifications.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1055 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1060 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1065 Water Conditioning Device; Design. 5-202.15

A water filter, screen, or other water conditioning device installed on water lines must be designed and located to facilitate disassembly for periodic servicing and cleaning. A water filter element must be a replaceable type.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1070 Handwashing Sinks; Numbers and Capacity. 5-203.11

A. Except as specified in items B and C, each food establishment must install at least 1 handwashing sink, or the number of handwashing sinks necessary for the convenient use by employees in the areas specified in part 4626.1095.P2

B. When food exposure is limited and handwashing sinks are not conveniently available at vending machine locations, employees may use chemically treated towelettes for handwashing.

C. A special event food stand or seasonal temporary food stand that is disassembled after each use may use a handwashing device with water delivered under pressure or by gravity with a faucet or spigot that provides hands-free flow of water.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.1075 Toilets and Urinals. 5-203.12

A. At least 1 toilet and not fewer than the number of toilets required by federal and state laws and rules must be provided. Urinals may be substituted for toilets if more than the minimum number of toilets required under state or federal laws and rules are provided.

B. A plumbing fixture such as a handwashing sink, toilet, or urinal must be easily cleanable.

C. A food cart, special event food stand, temporary food establishment, retail food vehicle, portable structure, or cart is exempt from item A.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.1080 Service Sink. 5-203.13

A. At least 1 service sink or 1 curbed cleaning facility equipped with a floor drain must be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste. The service sink must not be used for any other purpose.

B. Toilets and urinals must not be used as a service sink for the disposal of mop water and similar liquid waste.

C. A food cart, special event food stand, temporary food establishment, retail food vehicle, portable structure, or cart is exempt from item A.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1085 Backflow Prevention Device; When Required. 5-203.14

A. A plumbing system must be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment according to chapter 4714.P1

B. A backflow prevention device must be located so that it may be serviced and maintained.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1090 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1095 Handwashing Sinks. 5-204.11

A handwashing sink must be located:

A. to allow convenient use by employees in food preparation, food dispensing, and warewashing areas;P2 and

B. in, or immediately adjacent to, toilet rooms.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1100 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1105 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1110 Using Handwashing Sinks. 5-205.11

A. A handwashing sink must be maintained so that it is accessible at all times for employee use.P2

B. A handwashing sink must not be used for purposes other than handwashing.P2

C. An automatic handwashing facility must be used according to the manufacturer's instructions.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1115 Cross-Connections Prohibited. 5-205.12

A. A person shall not create a cross-connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality.P1

B. The piping of a nondrinking water system must be durably identified so that it is readily distinguishable from piping that carries drinking water.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1120 Scheduling Inspection and Service for a Water System Device. 5-205.13

A device such as a water treatment device or backflow preventer must be scheduled for inspection and service according to the manufacturer's instructions and as necessary to prevent device failure based on local water conditions. Records demonstrating inspection and service must be maintained by the person in charge.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.1125 Water Reservoir of Fogging Devices; Cleaning. 5-205.14

A. A reservoir that is used to supply water to a produce fogger or similar device must be:

B. Cleaning procedures must include at least the following steps and must be conducted at least once a week:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1130 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1135 Water Tanks; Approved. 5-301.11

A water tank used to supply a food establishment, a food cart, a temporary food establishment, or any appurtenances must meet:

A. the requirements specified in parts 4626.1135 to 4626.1175;

B. the requirements specified in part 4626.0450; and

C. the standards for water haulers specified in parts 4720.4300 to 4720.4400.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1140 Drinking Water Hose; Construction and Identification. 5-302.16

A hose used for conveying drinking water from a water tank must be:

A. of a food grade material;P1

B. durable, corrosion-resistant, and nonabsorbent;

C. resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

D. finished with a smooth interior surface; and

E. clearly and durably identified as to its use if not permanently attached to the water source.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1145 Filter; Compressed Air. 5-303.11

A filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1150 Water Inlet, Outlet, and Hoses; Protective Cover or Device. 5-303.12

A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device must be provided for a water inlet, outlet, and hose when the device is not in use.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1155 Mobile Food Establishment Water Tank Inlet. 5-303.13

A mobile food establishment's water tank inlet must be:

A. 3/4 inch (19.1 millimeters) in inner diameter or less; and

B. provided with a hose connection of a size or type that will prevent its use for any other service.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1160 Water System Flushing and Sanitization. 5-304.11

A water tank, pump, and hose must be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1165 Water Tank, Pump, and Hose; Backflow Prevention. 5-304.12

A person shall operate a water tank, pump, and hose so that backflow and other contamination of the water supply are prevented.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1170 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1175 Water Tank, Pump, and Hose; Dedication. 5-304.14

A. Except as specified in item B, water tanks, pumps, and hoses used for conveying drinking water must be used for no other purpose.P1

B. Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1180 Sewage Holding Tank Capacity and Drainage. 5-401.11

A. A sewage holding tank in a mobile food unit or seasonal temporary food establishment must be:

B. The sewage must not be discharged on the ground.

C. The regulatory authority may approve an alternate method for conveying and disposing of sewage from a mobile food unit or seasonal temporary food establishment in lieu of a waste-holding tank. The alternative method of conveying and disposing of sewage must meet the requirements of part 4626.1200.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1185 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1190 Backflow Prevention. 5-402.11

A. Except as specified in items B, C, and D, a direct connection must not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed.P1

B. Item A does not apply to floor drains that originate in refrigerated spaces that are constructed as an integral part of the building.

C. If allowed by chapter 4714, a warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 5 feet (1.5 meters) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.

D. If allowed by chapter 4714, a warewashing or culinary sink may have a direct connection.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 40 SR 71; 43 SR 295

Minn. R. 4626.1195 Grease Trap. 5-402.12

If used, a grease trap must be located to be easily accessible for cleaning.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1200 Conveying Sewage. 5-402.13

Sewage must be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to chapters 7080 and 7081, and Minnesota Statutes, section 115.55.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1205 Removing Temporary Food Establishment Wastes. 5-402.14

Sewage and other liquid wastes must be removed from a food cart, special event food stand, temporary food establishment, retail food vehicle, portable structure, or cart at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1210 Flushing Waste Retention Tank. 5-402.15

A tank for liquid waste retention must be thoroughly flushed and drained in a sanitary manner during the servicing operation.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1215 Approved Sewage Disposal System. 5-403.11

Sewage must be disposed through an approved facility that is:

A. a public sewage treatment plant;P1 or

B. an individual sewage disposal system that is sized, constructed, maintained, and operated according to chapters 7080 and 7081.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1220 Other Liquid Wastes and Rainwater. 5-403.12

Condensate drainage and other nonsewage liquids and rainwater must be drained from point of discharge to disposal according to chapters 7080, 7081, and 7083.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1225 Refuse; Indoor Storage Area. 5-501.10

If located within the food establishment, a storage area for refuse, recyclables, and returnables must meet the requirements in parts 4626.1325, 4626.1335 to 4626.1370, 4626.1395, and 4626.1400.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1230 Refuse; Outdoor Storage Surface. 5-501.11

An outdoor storage surface for refuse, recyclables, and returnables must be constructed of nonabsorbent material such as concrete or asphalt and must be smooth, durable, and sloped to drain.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1235 Refuse; Outdoor Enclosure. 5-501.12

If used, an outdoor enclosure for refuse, recyclables, and returnables must be constructed of durable and cleanable materials.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1240 Refuse; Receptacles. 5-501.13

A. Except as specified in item B, receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue must be durable, cleanable, insect- and rodent-resistant, leakproof, and nonabsorbent.

B. Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food establishment or within closed outside receptacles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1245 Refuse; Receptacles in Vending Machines. 5-501.14

A refuse receptacle must not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1250 Refuse; Outside Receptacles. 5-501.15

A. Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the food establishment must be designed and constructed to have tight-fitting lids, doors, or covers.

B. Receptacles and waste handling units for refuse and recyclables, such as an on-site compactor, must be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the equipment is not installed flush with the base pad, under the unit.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1255 Refuse; Storage Areas, Rooms, and Receptacles; Capacity and Availability. 5-501.16

A. An inside storage room and area, an outside storage area and enclosure, and receptacles must be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

B. A receptacle must be provided in each area of the food establishment or premises where refuse is generated or commonly discarded or where recyclables or returnables are placed.

C. If disposable towels are used at handwashing sinks, a waste receptacle must be located at each sink or group of adjacent sinks.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1260 Refuse; Toilet Room Receptacle; Covered. 5-501.17

A toilet room must be provided with a covered receptacle for sanitary napkins or diapers.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1265 Refuse; Cleaning Implements and Supplies. 5-501.18

A. Except as specified in item B, suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent, must be provided as necessary to effectively clean receptacles and waste handling units for refuse, recyclables, and returnables.

B. Off-premises-based cleaning services with implements and supplies as specified in item A may be used if on-premises cleaning implements and supplies are not provided.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1270 Refuse; Storage Areas, Redeeming Machines, Equipment, and Receptacles; Location. 5-501.19

A. An area designated for refuse, recyclables, returnables, and, except as specified in item B, a redeeming machine for recyclables or returnables must be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a nuisance or a public health hazard is not created.

B. A redeeming machine may be located in the packaged food storage area or consumer area of a food establishment if food, equipment, utensils, linens, and single-service and single-use articles are not subject to contamination from the machine and a public health hazard or nuisance is not created.

C. The location of receptacles and waste handling units for refuse, recyclables, and returnables must not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1275 Storing Refuse, Recyclables, and Returnables; Insect and Rodent Control. 5-501.110

Refuse, recyclables, and returnables must be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1280 Areas, Enclosures, and Receptacles; Good Repair. 5-501.111

Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables must be maintained in good repair.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1285 Outside Storage Prohibitions. 5-501.112

A. Except as specified in item B, refuse receptacles not meeting the requirements specified in part 4626.1240, item A, including receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, and baled units that contain materials with food residue, must not be stored outside.

B. Cardboard or other packaging material that does not contain food residue and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1290 Covering Receptacles. 5-501.113

Receptacles and waste handling units for refuse, recyclables, and returnables must be kept covered:

A. inside the food establishment:

B. with tight-fitting lids or doors if kept outside the food establishment.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1295 Using Drain Plugs. 5-501.114

Drains in receptacles and waste handling units for refuse, recyclables, and returnables must have drain plugs in place.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1300 Maintaining Refuse Areas and Enclosures. 5-501.115

A storage area and enclosure for refuse, recyclables, or returnables must be maintained free of unnecessary items, as specified in part 4626.1580, and clean.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1305 Cleaning Receptacles. 5-501.116

A. Receptacles and waste handling units for refuse, recyclables, and returnables must be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater must be disposed of according to part 4626.1200 and applicable state laws and rules.

B. Receptacles and waste handling units for refuse, recyclables, and returnables must be cleaned at a frequency necessary to prevent them from developing a build-up of soil or becoming attractants for insects and rodents.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1310 Refuse, Recyclables, and Returnables; Removal Frequency. 5-502.11

Refuse, recyclables, and returnables must be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1315 Receptacles or Vehicles. 5-502.12

Refuse, recyclables, and returnables must be removed from the premises by way of:

A. portable receptacles that are constructed and maintained according to applicable state laws and rules; or

B. a transport vehicle that is constructed, maintained, and operated according to applicable state laws and rules.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1320 Solid Waste Community or Individual Facility. 5-503.11

Solid waste not disposed of through the sewage system, such as through grinders and pulpers, must be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste must be disposed of in an individual refuse facility such as a landfill or incinerator that is sized, constructed, maintained, and operated according to applicable state laws and rules.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1325 Floors, Walls, and Ceilings; Characteristics Indoor Areas and Materials. 6-101.11

A. Except as specified in item B, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use must be:

B. In any food cart, special event food stand, seasonal temporary food stand, seasonal permanent food stand, portable structure, or cart:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1330 Outdoor Surfaces; Characteristics and Materials. 6-102.11

A. Outdoor walking and driving areas must be surfaced with concrete, asphalt, gravel, or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.

B. Exterior surfaces of buildings and mobile food units, seasonal permanent food stands, and retail food vehicles must be of weather-resistant materials and must comply with law.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1335 Floors, Walls, and Ceilings; Cleanability. 6-201.11

A. Except as specified in part 4626.1350, the floors, floor coverings, walls, wall coverings, and ceilings must be designed, constructed, and installed so they are smooth and easily cleanable, except that antislip floor coverings or applications may be used for safety reasons.

B. Sealed concrete is prohibited in those areas described in part 4626.1325, item A, subitem (3), if food product packages, containers, or cases in those areas are opened. Sealed concrete is permitted in areas used exclusively for refuse storage.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1340 Floors, Walls, and Ceilings; Utility Lines. 6-201.12

A. Utility service lines and pipes must not be unnecessarily exposed.

B. Exposed utility service lines and pipes must be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.

C. Exposed horizontal utility service lines and pipes must not be installed directly on the floor.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1345 Floor and Wall Junctures; Coved and Enclosed or Sealed. 6-201.13

A. In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures must be coved and closed to no larger than 1/32 inch (1 millimeter).

B. The floors in food establishments in which water flushing cleaning methods are used must be provided with drains and graded to drain, and the floor and wall junctures must be coved and sealed.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1350 Floor Carpeting; Restrictions and Installation. 6-201.14

A. Carpeting or similar material must not be installed as a floor covering in food preparation areas; walk-in refrigerators or freezers; warewashing areas; toilet room areas where handwashing sinks, toilets, and urinals are located; refuse storage areas; wait stations; dressing rooms; locker rooms; janitorial areas; within 3 feet around permanently installed bars and salad bars, other food service equipment, and food storage rooms; or other areas where the floor is subject to moisture, flushing, or spray cleaning methods.

B. If carpeting is installed as a floor covering in areas other than those specified in item A, it must be:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1355 Floor Covering; Mats and Duckboards. 6-201.15

Mats and duckboards must be designed to be removable and easily cleanable.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1360 Wall and Ceiling Coverings and Coatings. 6-201.16

A. Wall and ceiling covering materials must be attached so that they are easily cleanable.

B. Except in areas used only for dry storage, concrete, porous blocks or bricks used for indoor wall construction must be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1365 Walls and Ceilings; Attachments. 6-201.17

A. Except as specified in item B, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments must be easily cleanable.

B. In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not comply with item A if they are kept clean.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1370 Walls and Ceilings; Studs, Joists, and Rafters. 6-201.18

Except for temporary food establishments, studs, joists, and rafters must not be exposed in areas subject to moisture.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1375 Light Bulbs; Protective Shielding. 6-202.11

A. Except as specified in item B, light bulbs must be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

B. Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:

C. An infrared or other heat lamp must be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1380 Heating, Ventilating, and Air Conditioning System Vents. 6-202.12

Heating, ventilating, and air conditioning systems must be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils. Systems must be installed according to chapter 1346.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1385 Insect Control Devices; Design and Installation. 6-202.13

A. Insect control devices that are used to electrocute or stun flying insects must be designed to retain the insect within the device.

B. Insect control devices must be installed so that:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1390 Toilet Rooms; Enclosed. 6-202.14

Except where a toilet room is located outside a food establishment and does not open directly into the food establishment, such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises must be completely enclosed and provided with a tight-fitting and self-closing door or as specified in part 4626.1555.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1395 Outer Openings; Protected. 6-202.15

A. Except in food carts, special event food stands, temporary food establishments, retail food vehicles, portable structures, carts, or outside areas used for beverage service, such as alcohol bar service or as specified in items B, C, E, and F and under item D, outer openings of a food establishment must be protected against the entry of insects and rodents by:

B. Item A does not apply if a food establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

C. Exterior doors used as exits need not be self-closing if they are:

D. Except as specified in items B and E, if the windows or doors of a food establishment, or those of a larger structure where a food establishment is located, are kept open for ventilation or other purposes, the openings must be protected against the entry of insects and rodents by:

E. Item D does not apply to a temporary food establishment that does not have windows and doors.

F. Item D does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1400 Exterior Walls and Roofs; Protective Barrier. 6-202.16

A. Except as specified in item B, perimeter walls and roofs of a food establishment must effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.

B. A food cart, special event food stand, temporary food establishment, retail vehicle, portable structure, or cart must provide protection during adverse weather by its construction or location. Food activities must cease if protection fails.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1405 Outdoor Food Vending Areas; Overhead Protection. 6-202.17

If located outside, a machine used to vend food must be provided with overhead protection except that machines vending canned beverages need not comply with this part.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1410 Outdoor Servicing Areas; Overhead Protection. 6-202.18

Servicing areas must be provided with overhead protection except that areas used only for loading water or discharging sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1415 Outdoor Walking and Driving Surfaces; Graded to Drain. 6-202.19

The exterior walking and driving surfaces must be graded to drain.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1420 Outdoor Refuse Areas; Curbed and Graded to Drain. 6-202.110

Outdoor refuse areas must be constructed according to law and must be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1425 Private Homes and Living or Sleeping Quarters; Use Prohibition. 6-202.111

A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters must not be used for conducting food establishment operations.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1430 Living or Sleeping Quarters; Separation. 6-202.112

Living or sleeping quarters located on the premises of a food establishment, including those provided for lodging registration clerks or resident managers, must be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1435 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1440 Handwashing Soap; Availability. 6-301.11

Each handwashing sink or group of 2 adjacent handwashing sinks must be provided with a supply of soap.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1445 Hand Drying Provision. 6-301.12

Each handwashing sink or group of adjacent handwashing sinks must be provided with:

A. individual, disposable towels;P2

B. a continuous towel system that supplies the user with a clean towel;P2

C. a heated-air hand drying device;P2 or

D. a hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1450 Disposable Towels; Waste Receptacle. 6-301.20

A waste receptacle must be provided as specified in part 4626.1255, item B, for each handwashing lavatory or group of adjacent lavatories that is provided with individual, disposable towels specified in part 4626.1255, item C.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1455 Handwashing Aids and Devices; Use Restrictions. 6-301.13

A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, must not be provided with the handwashing aids and devices required for a handwashing sink as specified in parts 4626.1440 to 4626.1450.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1457 Handwashing Signage. 6-301.14

A sign or poster that notifies food employees to wash their hands must be provided at all handwashing sinks used by food employees and must be clearly visible to food employees.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.1460 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1465 Toilet Tissue; Availability. 6-302.11

A supply of toilet tissue must be available at each toilet.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1470 Lighting Intensity. 6-303.11

The light intensity must be:

A. at least 10 foot-candles (108 lux) at a distance of 30 inches (75 cm) above the floor, in walk-in refrigeration units and dry food storage areas, and in other areas and rooms during periods of cleaning;

B. at least 20 foot-candles (215 lux):

C. at least 50 foot-candles (540 lux) at a surface where a food employee is working with food or working with utensils or equipment, such as knives, slicers, grinders, or saws where employee safety is a factor.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1475 Ventilation; Mechanical. 6-304.11

A. All rooms must have sufficient mechanical tempered make-up air and exhaust ventilation to keep them free of grease, excessive heat, steam, condensation, vapors, obnoxious or disagreeable odors, smoke, and fumes according to the applicable provisions of the Minnesota Building Code and the Minnesota State Mechanical Code.

B. All ventilation systems, furnaces, gas- or oil-fired room heaters, and water heaters shall be designed, installed, and operated according to chapters 1305, 1346, and 7511.

C. All ventilation systems must be operated as designed while the ventilated equipment is in use.

D. Ventilation systems equipped with filters must not be operated with the filters removed.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1480 Dressing Rooms and Lockers; Designation. 6-305.11

A. Dressing rooms or dressing areas must be designated if employees routinely change clothes in the establishment.

B. Lockers or other suitable facilities must be provided for the orderly storage of employees' clothing and other possessions.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1485 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1490 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1495 Toilet Rooms; Convenience and Accessibility. 6-402.11

Toilet rooms must be conveniently located and accessible to employees during all hours of operation.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1500 Employee Break Areas, Lockers; Location. 6-403.11

A. Areas designated for employees to eat, drink, and use tobacco must be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

B. Lockers or other suitable facilities must be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-service and single-use articles cannot occur.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1505 Returned Products; Segregation and Location. 6-404.11

Products that are held by the licensee for credit, redemption, or return to the distributor, including damaged, spoiled, or recalled products, must be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1510 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1515 Physical Facilities; Good Repair. 6-501.11

Physical facilities must be maintained in good repair.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1520 Physical Facilities; Cleaning Frequency and Restrictions. 6-501.12

A. Physical facilities must be cleaned as often as necessary to keep them clean.

B. Cleaning must be done after closing or during other periods when the least amount of food is exposed. This item does not apply to cleaning that is necessary due to a spill or other accident.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1525 Cleaning Floors; Dustless Methods. 6-501.13

A. Except as specified in item B, only dustless methods of cleaning must be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds.

B. Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1530 Cleaning Ventilation Systems; Nuisance and Discharge Prohibition. 6-501.14

A. Intake and exhaust air ducts must be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.

B. If vented to the outside, ventilation systems must not create a public health hazard or nuisance or unlawful discharge.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1535 Cleaning Maintenance Tools; Preventing Contamination. 6-501.15

Food preparation sinks, handwashing sinks, and warewashing equipment must not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1540 Drying Mops. 6-501.16

After use, mops must be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1545 Absorbent Materials on Floors; Use Limitation. 6-501.17

Except as specified in part 4626.1525, item B, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar absorbent materials must not be used on floors.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1550 Cleaning of Plumbing Fixtures. 6-501.18

Plumbing fixtures such as handwashing sinks, toilets, and urinals must be cleaned as often as necessary to keep them clean.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1555 Closing Toilet Room Doors. 6-501.19

Except during cleaning and maintenance operations, toilet room doors as specified in part 4626.1390 must be kept closed. Toilet room entries designed without doors do not need to comply with this provision.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1560 Using Dressing Rooms and Lockers. 6-501.110

A. Dressing rooms must be used by employees if the employees regularly change clothes in the establishment.

B. Lockers or other suitable facilities must be used for the orderly storage of employee clothing and other possessions.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1565 Controlling Pests. 6-501.111

The premises must be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests must be controlled to eliminate their presence on the premises by:

A. routinely inspecting incoming shipments of food and supplies;

B. routinely inspecting the premises for evidence of pests;

C. using pest control methods if pests are found, such as trapping devices or other means of pest control as specified in parts 4626.1610, 4626.1650, and 4626.1655;P2and

D. eliminating harborage conditions.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1570 Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. 6-501.112

Dead or trapped birds, insects, rodents, and other pests must be removed from control devices and the premises at a frequency that prevents accumulation, decomposition, or attraction of pests.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1575 Storing Maintenance Tools. 6-501.113

Maintenance tools such as brooms, mops, vacuum cleaners, and similar items must be:

A. stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and

B. stored in an orderly manner that facilitates cleaning the area used for storing maintenance tools.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1580 Maintaining Premises; Unnecessary Items and Litter. 6-501.114

The premises must be free of:

A. items that are unnecessary to the operation or maintenance of the establishment, such as equipment that is nonfunctional or no longer used; and

B. litter.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1585 Prohibiting Animals. 6-501.115

A. Except as specified in items B and C, live animals must not be allowed on the premises of a food establishment.P2

B. Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles does not result:

C. Live or dead fish bait must be stored so that contamination of food; clean equipment, utensils, and linens; and unwrapped single-use articles cannot result.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; L 2005 c 56 s 2; 43 SR 295

Minn. R. 4626.1590 Poisonous or Toxic Materials; Identifying Information. 7-101.11

Containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1595 Poisonous or Toxic Materials; Common Name. 7-102.11

Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies must be clearly and individually identified with the common name of the material.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1600 Poisonous or Toxic Materials; Storage. 7-201.11

Poisonous or toxic materials must be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

A. separating the poisonous or toxic materials by spacing or partitioning;P1 and

B. locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This item does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1605 Poisonous or Toxic Materials; Restriction. 7-202.11

A. Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, may be allowed in a food establishment.P2

B. Item A does not apply to packaged poisonous or toxic materials that are for retail sale.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1610 Poisonous or Toxic Materials; Conditions of Use. 7-202.12

Poisonous or toxic materials must be:

A. used according to:

B. applied so that:

C. for a restricted-use pesticide, applied only by an applicator certified as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code, title 7, section 136(e), and Minnesota Statutes, chapter 18B, or under the direct supervision of a certified applicator.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1615 Poisonous or Toxic Material Containers. 7-203.11

A container previously used to store poisonous or toxic materials must not be used to store, transport, or dispense food.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1620 Sanitizers; Criteria. 7-204.11

Chemical sanitizers, including chemical sanitizing solutions generated on site and other chemical antimicrobials applied to food-contact surfaces, must meet the requirements in Code of Federal Regulations, title 40, part 180, subpart D, section 180.940, or part 180, subpart E, section 180.2020.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1625 Chemicals for Washing, Treatment, Storage and Processing; Fruits and Vegetables; Criteria. 7-204.12

A. Chemicals, including those generated on site, used to wash or peel raw, whole fruits and vegetables must:

B. Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in a food establishment must meet the requirements specified in Code of Federal Regulations, title 21, part 173, subpart D, section 173.368.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1630 Boiler Water Additives; Criteria. 7-204.13

Chemicals used as boiler water additives must meet the requirements in Code of Federal Regulations, title 21, part 173, subpart D, section 173.310.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1635 Drying Agents; Criteria. 7-204.14

A. Drying agents used in conjunction with sanitization must contain only components that are listed as one of the following:

B. When sanitization is with chemicals, the approval required under item A, subitem (5) or (7), or the regulation as an indirect food additive as required under item A, subitem (6), must be specifically for use with chemical sanitizing solutions.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1640 Lubricants; Incidental Food-Contact; Criteria. 7-205.11

Lubricants must meet the requirements in Code of Federal Regulations, title 21, part 178, subpart D, section 178.3570, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1645 Restricted Use Pesticides; Criteria. 7-206.11

Restricted use pesticides specified in part 4626.1610, item C, must meet the requirements in Code of Federal Regulations, title 40, part 152, subpart A, section 152.1.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1650 Rodent Bait Stations. 7-206.12

Rodent bait must be contained in a covered, tamper-resistant bait station.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1655 Tracking Powders; Pest Control and Monitoring. 7-206.13

A. Except as specified in item B, a tracking powder pesticide must not be used in a food establishment.P1

B. If used, a nontoxic tracking powder such as talcum or flour must not contaminate food, equipment, utensils, linens, and single-service and single-use articles.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1660 Employee Medicines; Restriction and Storage. 7-207.11

A. Only those medicines that are necessary for the health of employees may be allowed in a food establishment. This part does not apply to medicines that are stored or displayed for retail sale.P2

B. Medicine that is in a food establishment for an employee's use must be labeled as specified in part 4626.1590 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1665 Refrigerated Medicines; Storage. 7-207.12

Medicines belonging to employees or children in a day care center that require refrigeration and are stored in a food refrigerator must be:

A. stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines;P1 and

B. located so they are inaccessible to children.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1670 First Aid Storage. 7-208.11

First aid supplies that are in a food establishment for employee use must be:

A. labeled as specified in part 4626.1590;P2 and

B. stored in a kit or container that is located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1675 Personal Care Items; Storage. 7-209.11

Except as specified in parts 4626.1665 and 4626.1670, employees shall store personal care items in facilities as specified in part 4626.1560, item B.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1680 Poisonous or Toxic Materials; Separation. 7-301.11

Poisonous or toxic materials must be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

A. separating the poisonous or toxic materials by spacing or partitioning;P1 and

B. locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles.P1

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1685 Public Health Protection. 8-101.10

In enforcing this Code, the regulatory authority shall assess existing facilities or equipment that were in use before September 8, 1998, based on the following considerations:

A. whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

B. whether food-contact surfaces comply with parts 4626.0450 to 4626.0495 and 4626.0506, item A;

C. whether the capacities of cooling, heating, and holding equipment are sufficient to comply with part 4626.0675; and

D. whether the existence of a documented agreement with the licensee that the facilities or equipment will be replaced as specified in the documented agreement.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1690 Variance Request; Procedures. 8-103.11

A person may ask the regulatory authority to grant a variance from the provisions of this Code according to parts 4626.1690 to 4626.1715.

A. A variance must not be granted from:

B. The applicant for a variance shall be the person to whom the rule applies.

C. The person requesting the variance shall submit the request in writing to the regulatory authority with the appropriate fee, if required. If a variance is granted, the person shall retain the information and variance in the person's files. A request must contain:

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1695 Variance Request; Criteria for Decision

The regulatory authority shall grant a variance if:

A. the variance was requested in the manner prescribed in part 4626.1690;

B. the variance will have no potential adverse effect on public health, safety, or the environment;

C. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed;

D. strict compliance with the rule will impose an undue burden on the applicant;

E. the variance does not vary a statutory standard or preempt federal law or rule; and

F. the variance has only future effect.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1700 Variance Conditions; Haccp; Notification of Decision. 8-103.12

A. In granting a variance, the regulatory authority may attach conditions that the regulatory authority determines are needed to protect the public health, safety, or the environment.

B. If a HACCP plan is required to verify that the variance provides protection to the public health, safety, and environment that is equivalent to or superior to those prescribed in rule or law, the licensee shall:

C. The regulatory authority shall notify the person in writing of the regulatory authority's decision to grant or deny the variance.

D. Variances granted are not transferable.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1705 Variances; Effect of Alternative Measures or Conditions. 8-103.13

A. Alternative measures or conditions attached to a variance have the force and effect of law.

B. If a person violates alternative measures or conditions attached to a variance, the person is subject to the enforcement actions and penalties provided in law or rule.

C. A person to whom a variance has been issued shall notify the regulatory authority in writing within 30 days of a material change in the conditions upon which the variance was granted.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1710 Renewal of Variance

A. A request for the renewal of a variance must be submitted to the regulatory authority in writing 30 days before its expiration date.

B. Renewal requests must contain the information in part 4626.1690.

C. The regulatory authority shall renew a variance if the person continues to satisfy the criteria in part 4626.1695 and demonstrates compliance with the alternative measures or conditions imposed at the time the original variance was approved.

D. This part does not apply if there has been a material change in the conditions upon which the variance was granted.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1715 Variance Denial, Revocation, or Refusal to Renew; Appeals

A. The regulatory authority shall deny, revoke, or refuse to renew a variance if the regulatory authority determines that the criteria in part 4626.1695 or the conditions in part 4626.1700 are not met.

B. A person may appeal the denial, revocation, or refusal to renew a variance by requesting, in writing, a contested case hearing under the Administrative Procedure Act, Minnesota Statutes, chapter 14, within 30 days of receipt of the notice of denial, revocation, or refusal to renew the variance.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1720 Plans; Review Required. 8-201.11

A. A license applicant or licensee shall submit or cause to be submitted and receive approval of properly prepared plans and specifications and the required plan review application and plan review fee, to the regulatory authority for plan review and approval before beginning:

B. Plans, specifications, an application form, and the fee specified in Minnesota Statutes, chapter 28A or 157, must be submitted to the regulatory authority at least 30 days before beginning construction, extensive remodeling, or conversion of a food establishment.P2

C. Special event food stands and retail food vehicles, portable structures, or carts are exempt from the requirement to submit plans and specifications.

D. The regulatory authority shall approve the completed plans and specifications if they meet the requirements of this Code, and the regulatory authority shall report its findings to the license applicant or licensee within 30 days of the date the completed plans are received.

E. Plans and specifications that are not approved as submitted must be changed to comply or be deleted from the project.P2

F. A license applicant, licensee, or person who is subject to licensure under Minnesota Statutes, chapter 28A or 157, that starts work on construction, extensive remodeling, or conversion of a food establishment before plan approval, shall stop work on the project when the regulatory authority determines that the work is likely to lead to noncompliance with this Code and the regulatory authority orders work to stop. The work must not resume until plans have been submitted according to items A and B, and have been approved by the regulatory authority.P2

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1721 [Renumbered 1560.9000]

[Renumbered 1560.9000]

Minn. R. 4626.1725 Contents of Plans and Specifications. 8-201.12

The plans and specifications for a food establishment must include:

A. the intended menu;

B. a description of the project including the anticipated volume of food to be stored, prepared, sold, or served;

C. 1 complete set of plans drawn to scale, including the proposed layout, mechanical schematics, construction materials, and finish schedules for items such as floors, base coves, walls, and ceilings;

D. the proposed equipment types, manufacturers, model numbers, locations on the layout, dimensions, performance capacities, and installation specifications;

E. the HACCP plan as specified in part 4626.1730, if required;

F. counters and cabinetry shop drawings, indicating cabinet construction, and countertop finish;

G. the unique well number and individual sewage treatment system certificate of compliance for individual sewage disposal systems;

H. a copy of the zoning approval or building permit from the local unit of government; and

I. other information that may be required by the regulatory authority for the review of the proposed construction, conversion, or modification.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1730 When a Haccp Plan Is Required. 8-201.13

A. Before engaging in an activity that requires a HACCP plan, a license applicant or licensee shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified in part 4626.1735 and the relevant provisions of this Code if:

B. Before engaging in reduced oxygen packaging without a variance as specified in part 4626.0420, a license applicant or licensee shall submit a properly prepared HACCP plan to the regulatory authority.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1735 Contents of Haccp Plan. (see Also Part 4626.0420) 8-201.14

For a food establishment that is required under part 4626.1730 to have a HACCP plan, the licensee shall submit to the regulatory authority a properly prepared HACCP plan that includes:

A. general information such as the name of the license applicant or licensee, the food establishment address, and contact information;

B. a categorization of the types of TCS foods that are to be controlled under the HACCP plan;P2

C. a flow diagram or chart for each specific food or category type that identifies:

D. a critical control points summary for each specific food or category type that clearly identifies:

E. supporting documents such as:

F. any other information required by the regulatory authority.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1740 Trade Secrets. 8-202.10

The regulatory authority shall treat as confidential, in accordance with Minnesota Statutes, section 13.02, information that meets the criteria in Minnesota Statutes, chapter 325C, for a trade secret and is contained in the plans and specifications submitted as specified in parts 4626.1725 and 4626.1735.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1745 Preoperational Inspections. 8-203.10

The regulatory authority shall conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped according to the approved plans and approved modifications of those plans.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1750 Notice of Opening

The food establishment licensee shall provide notice of opening to the regulatory authority at least 14 calendar days before the opening date.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1755 License Required. 8-301.11

A. A person shall not operate a food establishment without a valid license to operate issued by the regulatory authority.P2

B. The license must be posted in a location in the food establishment that is conspicuous to consumers.

C. A license must not be transferred from one person to another person, from one food establishment to another, or from one type of operation to another.P2

D. A void license must be surrendered to the regulatory authority immediately by anyone in possession of it.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1760 License Application. 8-302.11

An applicant shall submit a written application for a license on a form provided by the regulatory authority according to Minnesota Statutes, chapter 28A or 157.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1765 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1770 Qualifications and Responsibilities of Applicants. 8-302.13

To qualify for a license, an applicant shall:

A. be an owner of the food establishment or an officer of the legal ownership;

B. comply with the requirements of this Code;

C. agree to allow access to the food establishment and provide information as required under Minnesota Statutes, section 157.20, subdivision 1; and

D. pay the applicable license fees at the time the application is submitted.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1775 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1777 Denial of Application for License; Notice. 8-303.30

If an application for a license to operate is denied, the regulatory authority shall provide the applicant with a notice that includes:

A. the specific reasons and Code citations for the license denial;

B. the actions, if any, that the applicant shall take to qualify for a license; and

C. advising the applicant of the applicant's right to appeal and the appeal process and time frames that are provided by law.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.1780 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.1785 Inspection. 8-401.10

The regulatory authority shall inspect a food establishment according to:

A. Minnesota Statutes, chapters 28A, 30, 31, and 34A, for food establishments regulated by the Department of Agriculture;

B. Minnesota Statutes, chapter 157, for establishments regulated by the Department of Health; and

C. rules adopted under Minnesota Statutes, chapters 28A, 30, 31, 31A, 34A, and 157.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1787 Performance and Risk-Based Inspections. 8-401.20

Within the parameters in part 4626.1785, the regulatory authority shall prioritize and conduct more frequent inspections based upon:

A. the hazards associated with the particular foods that are prepared, stored, or served;

B. a history of noncompliance with priority 1 or priority 2 items of this Code; or

C. a history of noncompliance with HACCP plan requirements.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.1790 Allowed at Reasonable Times After Due Notice. 8-402.11

After the regulatory authority presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the person in charge of the food establishment shall allow the regulatory authority to determine if the food establishment is in compliance with the Code by allowing access to the food establishment, allowing inspection, and providing information and the records specified in the Code and to which the regulatory authority is entitled according to law, during the food establishment's hours of operation and other reasonable times.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1791 Documenting Information and Observations. 8-403.10

The regulatory authority shall document on an inspection report form:

A. administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required; and

B. specific factual observations of violations or other deviations of this Code, including the specific code citation and a correct by or comply by date, that requires correction by the license holder.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.1792 Issuing a Report. 8-403.30

The regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the licensee or to the person in charge.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.1795 Ceasing Operations and Emergency Reporting. 8-404.11

A. Except as specified in item B, a licensee shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.

B. A licensee need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1797 Resumption of Operations. 8-404.12

If operations are discontinued as specified in part 4626.1795, or otherwise according to law, the licensee shall obtain approval from the regulatory authority before resuming operations.

History

Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011
History: 43 SR 295

Minn. R. 4626.1800 Food Samples

The regulatory authority may collect, without cost, and examine samples of food as often as necessary for enforcement of this Code.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1805 Embargo

A. The regulatory authority may embargo and forbid the sale of, or cause to be removed or destroyed, any food that is:

B. Equipment and utensils that do not meet the requirements of this Code may be embargoed.

C. The regulatory authority may release equipment and utensils from an embargo when the licensee notifies the regulatory authority that the equipment or utensils have been modified to meet the requirements of this Code and after inspection of the equipment and utensils by the regulatory authority.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1810 Condemnation

The regulatory authority may condemn and cause to be removed any food, equipment, clothing, or utensils found in a food establishment, the use of which does not comply with this Code or that is being used in violation of this Code, and may also condemn and cause to be removed any equipment, clothing, or utensils that because of dirt, filth, extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces are unfit for use.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

Minn. R. 4626.1815 Tag

The regulatory authority may place a tag to indicate the embargo or the condemnation on food, equipment, utensils, or clothing. No person shall remove the tag except under the direction of the regulatory authority.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519

Minn. R. 4626.1820 Minnesota Clean Indoor Air Act

A food establishment must meet the requirements of the Minnesota Clean Indoor Air Act, Minnesota Statutes, sections 144.411 to 144.417, and rules adopted under those sections.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011
History: 23 SR 519; 43 SR 295

C. Drained ice may be used as a cooling medium only for water-impervious beverage containers.

D. Domestic slow cookers are prohibited.

E. Food preparation and cooking areas shall be protected by an impervious shield or by a separation distance to ensure customer safety and prevent food contamination by customers.

F. A handwashing device supplied with running water at a temperature between 21 degrees C and 43.5 degrees C (70 degrees F and 110 degrees F), soap, nail brush, and paper towels shall be provided at all stands where food is prepared.

G. Water shall be supplied under pressure or by gravity with a faucet.

H. A water inlet shall be protected from contamination and designed to preclude attachment of a nonpotable service connection.

I. A water tank shall comply with the provisions for an alternate water supply specified in parts 4626.1035 and 4626.1135 to 4626.1175.

J. A stand shall provide protection during adverse weather by its construction or location. Food activities shall cease if protection fails.

K. Single-service disposable eating and drinking utensils shall be used.

L. For warewashing multiuse utensils, a washing facility shall be available consisting of at least three containers of sufficient size to immerse utensils.

M. Space shall be provided for air drying kitchenware, tableware, and utensils.

N. Towel drying is prohibited.

O. The sanitization procedures specified in parts 4626.0895 to 4626.0905 shall be used.

P. For stands that are disassembled after each use, a gravity-fed handwashing device and three containers of sufficient size to immerse utensils may be used in lieu of the requirements of items F and G, if:

Q. A waste holding tank and waste removal shall comply with parts 4626.1180 to 4626.1220.

R. The regulatory authority may restrict the type of food served or the method of food preparation based on equipment limitations, the unavailability of a permanent establishment for utensil and warewashing, adverse climatic conditions, or any other condition that poses a hazard to public health.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519

[Repealed, 43 SR 295]

Subp. 3.

[Repealed, 43 SR 295]

Subp. 4.

[Repealed, 43 SR 295]

Subp. 5.

[Repealed, 43 SR 295]

Subp. 6.

[Repealed, 43 SR 295]

Subp. 7.

[Repealed, 43 SR 295]

Subp. 8.

[Repealed, 43 SR 295]

Subp. 9.

[Repealed, L 2009 c 79 art 10 s 51]

Minn. R. 4626.2020 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Minn. R. 4626.2025 [Repealed, 43 SR 295]

[Repealed, 43 SR 295]

Chapter 4630 CAMPS AND MOBILE HOME PARKS

Minn. R. 4630.0200 Location

No mobile home park or recreational camping area shall be so located that drainage from the park or camp area will endanger any water supply. All such parks and camps shall be well drained and no portion of the park or camp shall be located in an area subject to flooding. No waste water from mobile homes or recreational camping vehicles shall be deposited on the surface of the ground.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.0300 Caretaker

A responsible attendant or caretaker shall be in charge of every mobile home park or recreational camping area at all times and the duty of said attendant or caretaker shall be to maintain the park, its facilities, and equipment in a clean, orderly, and sanitary condition. The caretaker or attendant shall be the owner or operator of the park or camping area, or that person's appointed representative.

History

Statutory Authority: MS s 327.10 to 327.28
History: 17 SR 1279

Minn. R. 4630.0400 Mobile Home and Recreational Camping Vehicle Spacing

No mobile home shall be parked closer than three feet to the side lot lines of a mobile home park if the abutting property is improved property or closer than ten feet to a public street or alley. Each individual mobile home site shall abut or face on a driveway or clear unoccupied space of not less than 16 feet in width, which space shall have unobstructed access to a public highway or alley. There shall be an open space of at least ten feet between the sides of adjacent mobile homes including their attachments, and at least three feet between mobile homes when parked end to end. The space between mobile homes may be used for parking of motor vehicles or other property provided such vehicle or other property be parked at least ten feet from the nearest adjacent mobile home position.

All new mobile home parks constructed after July 1, 1970, and additions to existing mobile home parks constructed after July 1, 1970, shall allot the following minimum site sizes for each mobile home: 4,000 square feet if sewage from the park is discharged into a soil absorption system; 2,800 square feet if any other acceptable method of sewage disposal is used.

In recreational camping areas, recreational camping vehicles shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings, car ports, or individual storage facilities, shall, for the purpose of this separation requirement, be considered to be part of the recreational camping vehicle. A minimum site size of 2,000 square feet shall be provided for each recreational camping vehicle in camping areas constructed after July 1, 1970. All recreational camping vehicles shall be located at least 25 feet from any camping area property boundary line abutting upon a public street or highway and at least ten feet from other park property boundary lines.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.0500 Domestic Animals

No domestic animals or house pets shall be allowed to run at large or commit any nuisances within the limits of a mobile home park or recreational camping area. Any kennels, pens, or other facilities provided for such pets shall be maintained in a sanitary condition at all times.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.0600 Water Supply

Subpart 1. Requirement.

An adequate supply of water of safe, sanitary, and potable quality shall be provided in each mobile home park and recreational camping area. Water supplies must meet the requirements of chapter 4720 for public water supplies, or chapter 4725 for wells.

Subp. 2. Minimum supply.

In mobile home parks, the water supply shall be capable of supplying a minimum of 150 gallons per day per mobile home, and in recreational camping areas, the water supply shall be capable of supplying 50 gallons per site per day for all sites lacking individual water connections, and 100 gallons per site per day for all spaces provided with individual water connections.

Subp. 3. Location.

In recreational camping areas, water from the drinking water supply shall be available within at least 400 feet of every campsite.

Subp. 4. Design.

All water storage reservoirs shall be covered, watertight, and constructed of impervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with covers which will prevent the entrance of foreign material. The system shall be so designed and maintained as to provide a pressure of not less than 20 pounds per square inch under normal operating conditions at service buildings and other locations requiring a potable water supply. In mobile home parks and on recreational camping sites provided with individual water service connections, riser pipes shall be so located and constructed that they will not be damaged by the parking of mobile homes or recreational camping vehicles. Water riser pipes shall extend at least four inches above the ground elevation and the minimum pipe size shall be three-fourths inch. Adequate provisions shall be made to prevent freezing of service lines, valves, and riser pipes. If underground stop and waste valves are installed, they shall be at least ten feet from the nearest buried portion of the sewage system. Water risers on unoccupied sites shall be valved off. There shall be a horizontal distance of at least ten feet between water and sewer riser pipes; provided, that where the sewer riser is constructed of cast iron pipe and the water riser is constructed of copper pipe, the distance between may be less than ten feet. The commissioner shall grant a variance to subparts 2 to 4 only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 103I.101; 103I.221; 103I.301; 103I.621; 144.05; 144.12; 144.383; 157.04; 157.08; 157.09; 157.13; 327.10 to 327.28
History: L 1977 c 305 s 39; 17 SR 2773

Minn. R. 4630.0700 Plumbing

All systems of plumbing in mobile home parks and recreational camping areas shall be installed in accordance with the rules of the commissioner of health and the provisions of chapter 4714, the Minnesota Plumbing Code.

History

Statutory Authority: MS s 327.10 to 327.28
History: L 1977 c 305 s 39; 40 SR 71

Minn. R. 4630.0800 Sewage Disposal

Subpart 1. Discharge.

All sewage and other water carried wastes shall be discharged into a municipal sewage system which is being operated under a permit issued by the Minnesota Pollution Control Agency whenever such a system is available. When such a system is not available, a sewage disposal system acceptable to the commissioner of health and the Minnesota Pollution Control Agency shall be provided. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system by at least ten feet, unless special acceptable construction of sewer lines is provided.

Subp. 2. Location and construction of sewer lines.

All sewer lines shall be constructed of materials approved by the commissioner of health, shall be adequately vented, and shall have water tight joints. Individual site sewer connections shall be at least a four-inch diameter sewer riser pipe. The sewer connections shall consist of one pipe line only without any branch fittings. All joints shall be water tight. All materials used for sewer connections shall be corrosive resistant, nonabsorbent, and durable. The inner surface shall be smooth. Provisions shall be made for capping the sewer riser pipe when a mobile home or recreational camping vehicle does not occupy the site. Surface drainage shall be directed away from the riser; the rim of the riser pipe shall extend at least 4 inches above ground elevation.

Subp. 3. Compliance with Pollution Control Agency standards.

Systems of sewage disposal utilizing the discharge of effluents to bodies of surface water must receive the approval and comply with the water quality and effluent standards and system design criteria established by the Minnesota Pollution Control Agency. All systems utilizing soil absorption for final disposal of effluent shall comply with and receive the approval of the commissioner of health. No soil absorption system shall be installed in soil which has a percolation rate of less than one inch in 60 minutes, or where the groundwater table rises to within four feet of the bottom of a proposed absorption pit or trench, or where such system shall adversely affect the ground water used for potable water supplies. All buried portions of a sewage disposal system shall be located at least 50 feet horizontally from the ordinary high water level of any body of surface water.

History

Statutory Authority: MS s 327.10 to 327.28
History: L 1977 c 305 s 39

Minn. R. 4630.0900 Toilet, Bathing, and Laundry Facilities

In dependent mobile home parks and recreational camping areas which harbor mobile homes and recreational camping vehicles which are not equipped with toilet and bathing facilities, one or more central buildings shall be provided equipped with such facilities. The number of fixtures shall be in accordance with the following schedule:

Provided, that in primitive recreational camping areas only, the toilet facilities shall be required in the above ratio.

Privies and other toilets not connected to water-carried systems may be used in recreational camping areas when approved by the commissioner of health.

In recreational camping areas or dependent mobile home parks where laundry and bathing facilities are provided, such facilities shall be in buildings which are well constructed with adequate heating and ventilation, good lighting, and floors of impervious material sloped to drain. Walls shall be of washable material. There shall be no exposed studs or rafters.

Toilet facilities shall not be more than 400 feet from the furthest site to be served and shall be plainly marked according to sex. In conjunction with bathing facilities, there shall be provided a dressing area or dressing compartment, the floor of which shall be impervious and well drained. Mats, grids, and walkways made of cloth or other absorbent material shall not be used, provided that single-service mats may be used. Where clothes drying lines are provided, they shall be located in areas out of regular pedestrian traffic patterns and where they will generally not be a hazard to the safety to the occupants of the camping area. No laundry trays, washing machines, dryers, or extractors shall be located in any toilet, bath, or dressing room.

Recreational camping areas accommodating recreational camping vehicles having a self contained liquid waste system with a waste reservoir shall provide a sanitary station for the disposal of waste water. Such sanitary stations shall be equipped with a four-inch sewer riser pipe, surrounded at the inlet by a concrete apron sloped towards the inlet drain, and provided with a suitable hinged cover. A water outlet, with the necessary appurtenances connected to the camp water supply system, shall be provided to permit periodic washdown of the immediate adjacent areas. Each recreational camping area accommodating self-contained recreational camping vehicles shall provide sanitary stations in the ratio of one for every 100 recreational camping vehicle sites or fraction thereof. Sanitary dumping stations shall be screened from other activities by visual barriers such as fences, walls, or natural growth and shall be separated from any recreational camping vehicle site by a distance of at least 50 feet. Final disposal of sewage from such dumping stations shall be by a method acceptable to the commissioner of health and Minnesota Pollution Control Agency.

History

Statutory Authority: MS s 327.10 to 327.28
History: L 1977 c 305 s 39

Minn. R. 4630.1000 Barbecue Pits, Fireplaces, Stoves, and Incinerators

In mobile home parks and recreational camping areas, cooking shelter, barbecue pits, fireplaces, wood-burning stoves, and incinerators shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. Incinerators shall be of a type acceptable to the Minnesota Pollution Control Agency. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used or no material burned which emits dense smoke or objectionable odors.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1100 Handling and Disposal of Garbage and Refuse

The storage, collection, and disposal of refuse and garbage in the mobile home parks and recreational camping areas shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse and garbage shall be stored in fly-tight, watertight, rodent-proof containers which shall be located convenient to any mobile home site. In recreational camping areas, garbage and refuse containers shall be provided on the ratio of at least one for every four sites.

Refuse and garbage collection shall be made at least twice each week and more often where necessary to prevent nuisance conditions. Final disposal of refuse and garbage by landfill methods shall be accomplished in accordance with the criteria and standards established by the Minnesota Pollution Control Agency.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1200 Insect and Rodent Harborage and Infestation Control

Mobile home parks and recreational camping areas shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests. Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe, and other building materials shall be stored at least one foot above the ground. Areas shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1300 Night Lighting

The walkways, drives, and other used portions of mobile home parks shall be lighted during the hours of darkness.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1400 Community Kitchen and Dining Rooms

When community kitchens and dining rooms are provided, such facilities and equipment shall be maintained in a clean and sanitary condition at all times, and shall be constructed and equipped in compliance with state laws and rules applicable to food-handling establishments.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1500 Bottled Gas

Where bottled gas is used, the container shall be firmly connected to the appliance by tubing of copper or other suitable metallic material. Cylinders containing bottled gas shall not be located within five feet of any mobile home or recreational camping vehicle door. The container shall not be installed or stored even temporarily inside any mobile home or recreational camping vehicle. No container may be permitted to stand free, but must be firmly mounted in an upright position.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1600 Fuel Oil Supply Systems

All piping from outside fuel storage tanks or cylinders to mobile homes or recreational camping vehicles shall be permanently installed and securely fastened in place. All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or recreational camping vehicle or less than five feet from any mobile home or recreational camping vehicle exit. All fuel oil containers shall be mounted upon a stand or rack constructed of a noncombustible material.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1700 Fire Protection

Fire protection shall be provided in accordance with the requirements of the state fire marshal.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.1800 [Repealed, 15 SR 1597]

[Repealed, 15 SR 1597]

Minn. R. 4630.1801 Variance to Rules Relating to Mobile Home Parks and Recreational Camping Areas

The commissioner shall grant a variance to parts 4630.0400; 4630.0600, subparts 2 to 4; and 4630.0900 to 4630.1700 only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 14.05; 103I.101; 103I.221; 103I.301; 103I.621; 144.05; 144.12; 144.383; 157.04; 157.08; 157.09; 157.13
History: 15 SR 1597; 17 SR 2773

Minn. R. 4630.1900 Licensing; Definitions

Subpart 1. Scope.

The following definitions apply to parts 4630.1900 to 4630.2210.

Subp. 1a. Category A site.

"Category A site" means any manufactured home park or recreational camping area that meets one or more of the following conditions:

A. has a public swimming pool;

B. draws its drinking water from a surface water supply; or

C. has 50 or more sites.

Subp. 1b. Category B site.

"Category B site" means any manufactured home park or recreational camping area that is not a category A site.

Subp. 2. Primary license.

"Primary license" means the initial license issued to the first person, firm, partnership, corporation, or other business association to establish and maintain, conduct, or operate a mobile home park or recreational camping area at any one location.

Subp. 3. Renewal license.

"Renewal license" means a license issued to the person, firm, partnership, corporation, or other business association operating a previously licensed mobile home park or recreational camping area.

History

Statutory Authority: MS s 144.05; 144.12; 144.122; 157.045; 327.10 to 327.28
History: 15 SR 1296

Minn. R. 4630.2000 [Repealed, 44 SR 371]

[Repealed, 44 SR 371]

Minn. R. 4630.2100 Expiration Dates for Licenses

Subpart 1. Primary license.

Primary mobile home park and recreational camping area licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year.

Subp. 2. Renewal license for year-round establishments.

Renewal licenses for mobile home parks and recreational camping areas which operate on a year-round basis (in excess of six months (183 days a year)) shall be issued for the calendar year for which application is made and shall expire on December 31 of such year.

Subp. 3. Renewal license for seasonal establishments.

Renewal licenses for mobile home parks and recreational camping areas which operate for a continuous period of six months (183 days) or less shall be issued effective the first day of the establishment's operation in the calendar year for which the license is issued. Such renewal license shall expire after the 183rd day from the effective date of the license or on December 31 of the year in which the license was issued, whichever occurs first.

History

Statutory Authority: MS s 327.10 to 327.28

Minn. R. 4630.2200 License Renewals

License renewals shall be obtained on an annual or semiannual basis. All license renewal applications shall be submitted to the commissioner of health on forms provided by it no later than December 31 of the year preceding the year for which application is made.

History

Statutory Authority: MS s 327.10 to 327.28
History: L 1977 c 305 s 39

Minn. R. 4630.2210 Inspection Frequency

Category A sites must be inspected at least once a year. Category B sites must be inspected at least once every two years.

History

Statutory Authority: MS s 144.05; 144.12; 144.122; 157.045; 327.16
History: 15 SR 1296

Minn. R. 4630.2300 Camp Site

The camp site shall be reasonably distant from any environment detrimental to the health and safety of the children in attendance at the camp. Adequate area shall be available for the development of satisfactory water supply and waste disposal systems. In order to protect against all hazards which cannot be eliminated, suitable guards shall be installed and maintained.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.2400 Buildings

All buildings used for food preparation and storage, sleeping, and other occupancy shall have roofs which do not leak, tight floors, and walls free of holes. They shall be so constructed as to provide broad and easy exit in case of fire or other emergency, and shall be adequately equipped with fire extinguishers and other firefighting equipment. Doors shall be tight fitting, and both door and window openings shall be sufficiently screened with a screen of not less than 16 meshes to the inch. All windows shall be so constructed as to be easily opened and closed, or shall be equipped with storm shields.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.2500 Sleeping Quarters

Subpart 1. Individual beds.

Each camper shall have an individual bed. There shall be at least three feet between beds when placed side by side, and at least one foot when placed end to end. The beds shall be arranged for head-to-foot or foot-to-foot sleeping in such a manner as to provide a seven-foot horizontal separation between the heads of the sleepers.

Subp. 2. Bunk beds.

Any room containing a double-deck bunk shall have at least one window which can be easily opened. The top of the window shall be higher than the top rail of the upper bunk. The minimum space between the floor and the lower bunk rail shall be 12 inches, and the minimum space between the lower and upper bunk rails shall be 36 inches. No bunk shall be more than six feet above the floor. There shall be at least 36 inches between the upper bunk and the ceiling.

Subp. 3. Ventilation.

Every sleeping room shall be ventilated. The area of direct opening to the outside shall be equivalent to at least five per cent of the floor area. Where this condition cannot be met, adequate mechanical ventilation shall be provided.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.2600 Kitchen

The kitchen shall be separated from the dining room by a partition. The walls, ceiling, floor, and partitions shall be so constructed as to be easily cleaned. The kitchen shall be used for no other purpose than the storage or preparation of food and the washing and storage of dishes and other food service equipment. No person other than kitchen personnel shall be permitted to enter the food preparation area. The kitchen shall be well ventilated. Illumination to afford a minimum of 20 footcandles of light at all working surfaces and at least ten footcandles on other surfaces and equipment during periods of food preparation and service shall be provided.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.2700 Food Procurement and Storage

Subpart 1. Food.

All food shall be of good quality. No hermetically sealed, nonacid, and low-acid food which has been processed in a place other than a commercial food-processing establishment shall be used. Meat shall be obtained from officially approved sources. Perishable food, including milk, shall be stored in clean refrigerators of adequate capacity at a temperature of 45 degrees Fahrenheit or below. Each refrigerator shall be equipped with an accurate thermometer. Nonperishable food shall be stored off the floor in clean, well ventilated rooms which are reasonably insect- and rodent-proof. Storage areas shall be illuminated at not less than five footcandles of light measured at 30 inches from the floor.

Subp. 2. Milk.

All milk shall be pasteurized. Milk for drinking shall be received in two-quart, quart, pint, or half-pint containers and shall be served from the original container, but where a milk dispenser of a design acceptable to the commissioner of health is used, cups and glasses may be filled directly from the dispenser. Pitchers or other nondrinking vessels shall not be filled from a dispenser and used for serving milk.

When concentrated or powdered milk is used, it shall be mixed and handled in a sanitary manner. It shall be prepared immediately prior to the time it is to be consumed and only in the quantity needed for that one period of serving.

Subp. 3. Storage of poisonous substances.

Insecticides, germicides, other poisonous substances, and cleaning materials shall not be stored in the same room with foods.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39

Minn. R. 4630.2800 Food Service

The kitchen shall be kept clean. All food service equipment and utensils shall be so designed and of such material and construction as to be smooth, easily cleanable, and durable, and shall be in good repair. The food contact surfaces of such equipment and utensils shall be nontoxic, corrosion-resistant, relatively nonabsorbent, and easily accessible for cleaning. Equipment which meets the National Sanitation Foundation standards will comply with these provisions. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas. Food-handling procedures which will minimize the possibility of food contamination shall be practiced.

History

Statutory Authority: MS s 144.71 to 144.76
History: 17 SR 1279

Minn. R. 4630.2900 Food Service Personnel Health and Cleanliness

All persons shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. No person shall resume work after visiting the toilet without first thoroughly washing his or her hands. Separate hand-washing facilities with hot and cold water, soap, and approved sanitary towels or other approved hand-drying devices shall be provided for use of the kitchen and food service personnel in the food service area. No person shall expectorate or use tobacco in any form in rooms in which food is prepared. No person who has, or is a carrier of, a communicable disease, or who has infected sores or wounds, shall engage in the handling, preparation, or serving of food and drink, nor shall any person so affected be delegated duties that could cause the disease to be communicated to other camp occupants or visitors.

History

Statutory Authority: MS s 144.71 to 144.76
History: 17 SR 1279

Minn. R. 4630.3000 Dishwashing Facilities

One of the following methods shall be employed in dishwashing:

A. Manual. A three-compartment sink or equivalent shall be provided, with compartments of adequate length, width, and depth to permit the complete immersion of the largest utensils to be washed and wire baskets or racks of dishes, and each compartment shall be supplied with hot and cold running water. There shall be a sufficient number of baskets to hold the dishes and utensils used during the peak load. The utensils and dishes shall be thoroughly washed in hot water containing a suitable soap or detergent in the first compartment, rinsed in clean water in the second compartment, and immersed completely in clean water at a temperature of not lower than 170 degrees Fahrenheit for at least two minutes in the third compartment. The third compartment shall be properly equipped with a heating unit or other means to maintain the specified temperature while in use. A thermometer which will accurately measure the temperature of the water in the third compartment shall also be provided. Drain racks shall be a part of the three-compartment sink and adequate space shall be available for drainage. Dishes and utensils shall be air-dried.

B. Mechanical. Water pressure in the lines supplying the wash and rinse sections of the dishwashing machine shall be maintained at a flow pressure of not less than 15 pounds per square inch, but not to exceed 25 pounds per square inch, and the water shall be at a manifold temperature not lower than 180 degrees Fahrenheit. The machines shall be equipped with thermometers which will accurately indicate the temperature of the wash and rinse water. New dishwashing machines shall conform to Standard Number 3 of the National Sanitation Foundation dated September 1956. Dishes and utensils shall be air-dried.

C. Where equipment or utensils must be cleaned in place or where for other reasons the methods described in items A and B are not feasible, other procedures that will provide equivalent cleaning and sanitizing shall be used. In order to protect the clean dishes and utensils from contamination, proper storage space shall be provided.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.3100 Water Supply

Every camp shall be provided with a safe supply of water acceptable to the commissioner of health and adequate to supply all needs of the occupants for culinary, drinking, and bathing purposes. Water, except that served at meals, shall be dispensed either by means of satisfactorily designed drinking fountains or individual paper cups.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39

Minn. R. 4630.3200 Bathing and Hand-Washing Facilities

Suitable hand-washing facilities shall be conveniently located at or near each toilet. Separate hand-washing facilities with hot and cold water, soap, and approved sanitary towels or other approved hand-drying devices shall be provided for the use of kitchen and food service personnel in the food service area. Shower facilities, if provided, should be on the basis of one shower head for every 25 persons.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.3300 Plumbing

All new plumbing shall be installed according to the rules of the commissioner of health and the provisions of chapter 4714, the Minnesota Plumbing Code as adopted by the commissioner of health. Alterations to existing plumbing, when undertaken, shall conform to the provisions of the Minnesota Plumbing Code. Where existing plumbing defects are found to create a serious public health hazard, correction shall be undertaken immediately.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39; 40 SR 71

Minn. R. 4630.3400 Toilet Facilities

Toilet facilities shall be provided on the basis of one seat for every 12 campers. In camps or sections of camps used by boys, urinals may be substituted for one-third of the toilet seats. Toilet facilities shall be convenient to sleeping quarters and shall be adequately ventilated and equipped with artificial lighting. Toilet facilities shall be provided at the water front where physically feasible, but the sewage disposal system serving the facilities shall not be located within 50 feet of the water's edge. Toilet tissue shall be provided at each unit. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.3500 Sewage and Excreta Disposal

Where water flush toilets are used, a sewage disposal system acceptable to the commissioner of health shall be provided. Where water flush toilets are not provided, privies of the pit type, which conform to a standard of construction acceptable to the commissioner of health, shall be used. Such privies shall be placed separate and apart from the sleeping, living, and kitchen quarters. Toilets of the privy or pit type hereinafter constructed shall be located at least 100 feet from the kitchen and dining quarters.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39

Minn. R. 4630.3600 Liquid Wastes

Liquid wastes from the kitchen, laundry, shower rooms, and other sources shall be combined with the liquid toilet wastes or shall be disposed of separately by soil absorption in a manner which will not endanger a water supply, pollute any surface water, or create nuisances, or otherwise constitute a hazard to the public health and safety.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.3700 Plan Submission

Plans and specifications covering the installation of new systems of plumbing, water supply, and sewage disposal or the material alteration or extension of existing systems of plumbing, water supply, and sewage disposal shall be submitted to the commissioner of health for review and approval in accordance with parts 1300.0215, subpart 6, and 4720.0010.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39

Minn. R. 4630.3800 Garbage; Refuse

All garbage shall be collected in leakproof, nonabsorbent containers provided with tight fitting lids or covers, and shall be disposed of in a sanitary manner with sufficient frequency as to prevent a nuisance. Disposal of garbage and other refuse shall be accomplished by burning in an approved incinerator, or burying, or by other means acceptable to the commissioner of health. All containers for the collection of garbage and refuse shall be kept in a sanitary condition.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39

Minn. R. 4630.3900 Swimming Beach

Natural swimming places shall be located only on lakes and streams which are relatively free of human, animal, and industrial pollution, and where such bathing and swimming will not endanger the quality of a domestic water supply, or interfere with other uses of the water by riparian owners. The area designated for swimming shall be properly marked, shall be kept free of weeds, sharp stones, sunken logs, and other debris and shall preferably have a gradual slope. Swimming pools shall be constructed and operated in accordance with standards acceptable to the commissioner of health. All waterfront activities involving campers, staff members, or visitors shall be adequately supervised.

History

Statutory Authority: MS s 144.71 to 144.76
History: L 1977 c 305 s 39

Minn. R. 4630.4000 Designation of Responsible Persons by Camper

Each camper and staff member shall file with the camp operator the name, address, and telephone number of one or more duly licensed practitioners of the healing arts or other responsible persons who are to be notified in case of illness or injury.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4100 Practitioner to Be Designated

The camp operator shall designate one or more duly licensed practitioners of the healing arts to be called in an emergency.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4200 Infirmary and First Aid

The camp operator shall provide an infirmary for the isolation of sick or injured campers and staff members. First aid equipment and supplies shall be available, and a person qualified in first aid care shall be in charge at all times. When the existence of a communicable disease is suspected, the operator shall isolate the individual immediately and promptly arrange for medical attention. Transportation shall be provided for the immediate removal from the camp of the sick or injured campers or camp personnel in emergency cases.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4300 Physical Examination

A certificate of health shall be presented to the camp operator by each staff member and by each camper at the time of admission to the camp. The certificate shall be based on a physical examination performed not more than 90 days prior to admission to the camp by a duly licensed practitioner of the healing arts and shall be signed by such practitioner. It shall include a health history, an immunization record, a statement as to the existence of or freedom from communicable diseases, and instructions relative to the limitation of the camper's participation in camp activities necessitated by physical disability or impairment.

A physical checkup shall be given on arrival at the camp to reveal any communicable condition which may have developed since the physical examination.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4400 Health Records

A health record of every camper and staff member shall be kept by the camp operator. In addition to the certificate of health, it shall include the detailed records of the individual's illnesses and injuries occurring and the first aid treatments given during the period of attendance at camp.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4500 Hazardous Weapons

Firearms and other hazardous weapons shall be kept in locked compartments and shall be used only under supervision.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4600 Livestock and Pets

Livestock shall be quartered not less than 500 feet from the cooking, dining, and sleeping quarters. Unless special facilities are provided, pets shall not be permitted in the camp.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4700 Duty of Camp Operator

It shall be the duty of every operator of a children's camp to carry out the provisions of parts 4630.2300 to 4630.4700.

History

Statutory Authority: MS s 144.71 to 144.76

Minn. R. 4630.4750 Variance to Rules Relating to Children's Camps

The commissioner shall grant a variance to parts 4630.2300 to 4630.4700 only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

History

Statutory Authority: MS s 14.05
History: 15 SR 1597

Minn. R. 4638.0200 Pet Animals in Health Care Facilities

Subpart 1. Definition.

As used in this part, "health care facility" means a hospital, nursing home, boarding care home, or supervised living facility licensed by the Minnesota Department of Health under Minnesota Statutes, sections 144.50 to 144.56 or 144A.01 to 144A.16.

Subp. 2. Written policy.

Every health care facility shall establish a written policy specifying whether or not pet animals will be allowed on the facility's premises. If pet animals are allowed on the premises, the policy must specify whether or not individual patients or residents will be permitted to keep pets. This policy must be developed only after consultation with facility staff and with patients or residents, as appropriate.

Subp. 3. Conditions.

If pet animals other than fish are allowed on the premises, the following requirements must be met:

A. Written policies and procedures must be developed and implemented which specify the conditions for allowing pet animals on the premises.

B. The policies and procedures must:

C. Regardless of the ownership of any pet, the health care facility shall assume overall responsibility for any pets within or on the premises of the facility.

D. The health care facility shall ensure that no pet jeopardizes the health, safety, comfort, treatment, or well-being of the patients, residents, or staff.

E. A facility employee shall be designated, in writing, as being responsible for monitoring or providing the care to all pet animals and for ensuring the cleanliness and maintenance of facilities used to house pets. This rule does not preclude residents, patients, or other individuals from providing care to pet animals.

F. Except for guide dogs accompanying a blind or deaf individual and except in supervised living facilities with a licensed bed capacity of 15 beds or less, pet animals shall not be permitted in kitchen areas, in medication storage and administration areas, or in clean or sterile supply storage areas.

History

Statutory Authority: MS s 144.573; 144A.30
History: L 1987 c 384 art 2 s 1

Chapter 4640 HOSPITAL LICENSING AND OPERATION

Minn. R. 4640.0100 Definitions

Subpart 1. Scope.

For the purpose of this chapter, the terms used in subparts 2 to 11 have the meanings given them in this part.

Subp. 2.

[Repealed by amendment, L 1977 c 305 s 39]

Subp. 3. Chronic disease hospital.

A "chronic disease hospital" is a hospital, the primary purpose of which is to provide the services and facilities for the diagnosis, treatment, and rehabilitation of patients with chronic illness. "Chronic disease" refers to illness or disability which is either permanent or recurrent, which may require long periods of medical supervision or care as well as special rehabilitative services, as distinguished from acute illness which is usually of short duration and self-limiting in nature. Nursing homes and boarding care homes as classified and defined in parts 4655.0090 to 4655.1060, and hospitals devoted exclusively to the care of patients with mental illness are not "chronic disease hospitals."

Subp. 4. General hospital.

A "general hospital" is a hospital providing community service for inpatient medical and surgical care of acute illness or injury and for obstetrics.

Subp. 5. Hospital.

A "hospital" is an institution adequately and properly staffed and equipped; providing services, facilities, and beds for the reception and care for a continuous period longer than 12 hours for one or more nonrelated persons requiring diagnosis, treatment, or care for illness, injury, or pregnancy; and regularly making available clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent. Definitive medical treatment may include psychiatric care, physical medicine and rehabilitation, X-ray therapy, and similar specialized treatment. The following are not hospitals within the meaning of these rules: diagnostic or treatment centers, physicians' offices or clinics, and facilities for the foster care of children licensed by the commissioner of human services.

Subp. 6. Licensee.

The "licensee" is the person or governing body to whom the license is issued. The licensee is responsible for compliance with all applicable rules and standards of the commissioner of health.

Subp. 7. Maternity hospital.

A "maternity hospital" is a hospital, the primary purpose of which is to provide services and facilities for obstetrical care.

Subp. 8. Mental hospital.

A "hospital for persons with mental illnesses" is a hospital for the diagnosis, treatment, and custodial care of persons with a mental illness.

Subp. 9. Psychiatric hospital.

A "psychiatric hospital" is a type of hospital for persons with a mental illness where patients receive diagnosis and intensive treatment and where usually only a minimum of continuous long-term treatment facilities are afforded.

Subp. 10. Specialized hospital.

A "specialized hospital" is a hospital providing primarily for one type of care, such as a hospital for persons with a mental illness, a psychiatric hospital, a chronic disease hospital, or a maternity hospital. The specialized hospital shall meet the applicable regulations for a general hospital of corresponding size and all regulations pertaining to such specialized services as are provided by the hospital.

Subp. 11. Specialized unit.

When a general hospital provides ten or more beds in a segregated unit for a specialized type of care, such as psychiatric, chronic disease, or nursing home, such a unit is a "specialized unit" of the general hospital. The services provided in a nursing home unit are not hospital services. For licensing purposes, one license shall be issued to a general hospital having one or more specialized units, when such units are adjacent to or located on property adjoining that of the general hospital. Separate licenses shall be required for institutions which are maintained on separate premises even though they are under the same management. The total bed capacity, including bassinets, shall be used in determining the license fee.

Subp. 12.

[Repealed, 44 SR 371]

History

Statutory Authority: MS s 14.05; 14.3895; 144.55; 144.56
History: L 1977 c 305 s 39; L 1984 c 654 art 5 s 58; L 2013 c 59 art 3 s 21; 44 SR 371

Minn. R. 4640.0200 Licensing

Subpart 1. License fees.

Each application for either an initial or renewal license to operate a hospital or a related institution within the meaning of Minnesota Statutes, sections 144.50 to 144.56 and these rules, shall be accompanied by a fee based upon the formula established in part 4735.0200. A bed must be licensed if it is available for use by patients. If the number of licensed beds in a nonaccredited hospital is increased during the term of the license, $25 for each additional bed shall be paid. There shall be no refund for a decrease in licensed beds.

Subp. 2. License expiration date.

Initial and renewal licenses issued pursuant to Minnesota Statutes, sections 144.50 to 144.56 and these rules, shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. License renewals shall be applied for on an annual basis. Applications for license renewal shall be submitted no later than December 31 of the year preceding the year for which application is made. Any application for an initial license submitted after November 1 shall be considered as an application for the following year; provided, however, that a license may be issued and be effective prior to January 1 of the year for which application is made without payment of fees for two years.

Subp. 3. License to be posted.

The license shall be posted conspicuously in the hospital.

History

Statutory Authority: MS s 144.55; 144.56

Minn. R. 4640.0300 Compliance

All hospitals licensed as of the effective date of these rules shall comply with the requirements contained in parts 4640.0100 to 4640.6400.

History

Statutory Authority: MS s 144.55; 144.56

Minn. R. 4640.0400 Hospital Planning

When any individual or group in a given locality believes a need exists for a hospital and would like to investigate the need for and the possibilities of such a hospital, the commissioner of health shall be so notified in writing. The commissioner of health shall thereupon make available to such body all of the latest information relative to hospital needs in that hospital area. Nothing in these rules shall prohibit the development of a hospital in any location, provided such hospital meets the standards of construction, equipment, licensing, maintenance, and operation as prescribed in these rules.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4640.0500 Crowded Conditions in Existing Hospitals

When the occupancy rates of a hospital are determined by the commissioner of health to be so excessively high as to thereby create serious overcrowding and interference with the provision of proper care for patients, the commissioner of health shall so inform the governing body which shall thereupon make provisions for expansion of the bed capacity and needed services or make other arrangements to alleviate such conditions.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4640.0600 Conversion

On and after the effective date of these rules, any building or structure not then operating as a hospital but which is to be converted for use as a hospital shall be of fire-resistive construction and upon completion shall conform with parts 4645.0200 to 4645.5200 of these hospital rules entitled regulations for hospital construction and equipment. The commissioner of health shall be advised immediately in writing when the acquisition or purchase of a building or structure is contemplated for use as a hospital.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4640.0700 Administration

Subpart 1. Standards.

It is recommended that the standards of the Joint Commission on Accreditation of Hospitals, 875 North Michigan, Chicago, Illinois 60611, be adopted.

Subp. 2. Governing body.

The governing body or the person or persons designated as the governing authority in each institution shall be responsible for its management, control, and operation. It shall appoint a hospital administrator and the medical staff. It shall formulate the administrative policies for the hospital. The governing body should not employ an administrator until it is determined that the administrator qualifies for registration as a hospital administrator in Minnesota. It is recommended that the governing body officially appoint one or more assistants to the administrator who shall act in the administrator's absence.

Subp. 3. Change in administrators.

Notification of the termination of service of the administrator as well as of the appointment of a new administrator shall be given promptly in writing by the governing body of the hospital to the commissioner of health. If a registered administrator is not available to assume the position immediately, such notification to the commissioner of health should include the name of the person temporarily in charge of the hospital. This temporary period should not exceed 90 days.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39; L 1980 c 567 s 2; 17 SR 1279

Minn. R. 4640.0800 The Medical Staff

Subpart 1. Responsibility.

The medical staff shall be responsible to the governing body of the hospital for the clinical and scientific work of the hospital. It shall be called upon to advise regarding professional problems and policies.

Subp. 2. Organization and duties.

In any hospital used by two or more practitioners, the medical staff shall be an organized group which shall formulate and, with the approval of the governing body, adopt bylaws, rules, regulations, and policies for the proper conduct of its work. The medical staff shall: designate one of its members as chief of staff; hold regular meetings for which minutes and records of attendance shall be kept; and review and analyze at regular intervals the clinical experience in the hospital.

Subp. 3. Professional care.

All persons admitted to the hospital shall be under the professional care of a member of the medical staff.

Subp. 4.

[Repealed, L 2012 c 247 art 4 s 51]

Subp. 5. Emergency calls.

Provision shall be made for one or more members of the medical staff to be available at all times for emergency calls.

History

Statutory Authority: MS s 144.55; 144.56
History: L 2012 c 247 art 4 s 51

Minn. R. 4640.0900 Personnel

Subpart 1. Policies and procedures.

Written policies, procedures, rules, and regulations shall be established for the administrative and technical guidance of the personnel of the entire hospital. Employees shall be instructed in the requirements, policies, and procedures pertaining to their respective duties.

Subp. 2. Number of personnel.

At all times there shall be enough qualified personnel on duty to provide the standard of care and maintenance in the hospital which is necessary for the well-being of the persons received for care. This includes night duty, vacation, and other relief periods. A record shall be kept of the length of service of each employee.

Subp. 3. Nurses.

A registered nurse shall be responsible for the nursing care of patients and shall assign nursing duties to qualified personnel when he or she is off duty. Additional nursing personnel with training and experience commensurate with the responsibility of the specific assignments shall be employed to assure a high quality of nursing care to all patients both day and night.

It is recommended that nurses in the obstetrical department limit their services to maternity and clean surgical cases.

Subp. 4. Practical nurses, auxiliary workers, and volunteers.

All practical nurses, auxiliary workers, and volunteers performing nursing service functions shall be under the supervision of a registered nurse. Their duties shall be clearly defined and they shall be instructed in all duties assigned to them.

Subp. 5. Health of employees.

The governing body of the hospital upon recommendation of its organized medical staff shall provide in its rules and regulations measures to prevent the transmission of communicable diseases. Such regulations shall include provisions for an immunization program; for preemployment physical examinations including tuberculin tests, X-rays of the chest, and other indicated laboratory procedures; and for subsequent chest X-rays and periodic examinations of all hospital employees. Such regulations shall also include the procedures to be followed in the case of illness or absenteeism of any employee or in the case of the exposure of any employee to a communicable disease. All employees shall report any illness or exposure to communicable disease to the administrator and to a designated member of the medical staff.

Routine admission chest X-ray examination of patients is recommended.

History

Statutory Authority: MS s 144.55; 144.56
History: 17 SR 1279

Minn. R. 4640.1000 Medical Records

Subpart 1. Personnel.

A trained medical record librarian or other authorized hospital employee shall be given the responsibility for the proper custody, supervision, indexing, and filing of the completed medical records of patients.

Subp. 2. Facilities and equipment.

Space and equipment shall be provided for the recording and completion of the record by the physician as well as for indexing, filing, and safe storage of medical records.

Subp. 3. Information to be included.

Accurate and complete medical records shall be maintained on all patients from the time of admission to the time of discharge. The following additional information shall be obtained and recorded for all maternity patients: full and true name of patient and her husband, the place of residence of the patient prior to hospitalization, and place of residence following discharge. To be considered complete, a record should include:

A. adequate identification data;

B. admitting diagnosis, to be completed within 24 to 48 hours;

C. history and physical examination, including history of pregnancy on maternity cases, to be completed within 24 to 48 hours;

D. progress notes;

E. signed doctors' orders;

F. operative notes, where applicable to include course of delivery on maternity cases;

G. special reports and examinations, including clinical and laboratory findings, X-ray findings, records of consultations, anesthesia reports, etc.;

H. nurses' notes;

I. discharge diagnosis; and

J. autopsy report, where applicable.

Subp. 4. Records on newborn infants.

A medical record shall be maintained on all newborn infants and shall include a physical examination performed and recorded by the physician and a statement relative to the physical condition of the infant at the time of discharge. When the child leaves the hospital with any person other than a parent, the hospital shall obtain and record the true name of the person or persons with whom the child leaves, and the place of residence where it is planned that the child is to be taken.

Subp. 5. Completion of the record.

The medical staff shall have a policy requiring that the medical records shall be completed within a reasonable time following the discharge of the patient. The completion of the medical record shall be the responsibility of the attending physician.

Subp. 6. Surgical cases.

The history and physical examination record shall be completed and signed by the attending staff member prior to the performance of any surgery except in case of emergency when an admission note including significant findings and diagnosis shall be written.

History

Statutory Authority: MS s 144.55; 144.56
History: 17 SR 1279

Minn. R. 4640.1100 Hospital Records

The following hospital records shall be maintained in a form and manner acceptable to the commissioner of health:

A. record of admissions and discharges, total patient days, average length of stay, and number of autopsies performed. Separate data shall be maintained for: adults and children excluding newborns, and newborn infants excluding stillbirths;

B. register of births;

C. register of deaths;

D. register of operations; and

E. register of outpatients.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4640.1200 Narcotic Record

A record shall be maintained for all narcotics administered. This record shall contain the date, hour, name of patient, name of physician, kind of narcotic, dose, and name of person by whom administered. A federal permit is necessary for the purchase of narcotics for stock use. Application for this permit must be approved by the commissioner of health. This approval is based on the proper storage of narcotics and the maintenance of a record book of narcotics.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4640.1300 Reports

Subpart 1. Annual report to commissioner of health.

On or before January 31 of each year, there shall be filed with the commissioner of health, on a form provided by the commissioner of health, the annual hospital statistical report covering patient service data.

Subp. 2. Hospital reports.

On or before the tenth of each month, the hospital administrator shall file with the commissioner of health, on a blank provided by or approved by the commissioner of health for the purpose, a report of all births and deaths or stillbirths occurring in such institution during the previous month. Subpart 2 is taken from part 4600.1200 relating to hospital reporting of vital records. It is here made of special application to hospital administrators. Part 4615.0800 should also be noted. It reads as follows: Any death associated with pregnancy, including abortion and extrauterine pregnancy, or the puerperium for a period of three months postpartum, whether or not it is the actual cause of death, shall be reported by mail within three days after death to the Minnesota Department of Health, Section of Maternal and Child Health, by the attending physician and by the hospital where the death occurred.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39; L 2015 c 21 art 1 s 109

Minn. R. 4640.1400 Child Welfare Reports

Subpart 1. Illegitimate birth reports.

Every illegitimate birth shall be reported to the commissioner of human services, on a form furnished by the commissioner, within 24 hours after the birth of the child.

Subp. 2. Information confidential.

No member of the hospital staff, or employee of the hospital, shall give information regarding a maternity patient or her child where there is any question relative to the legitimacy of such birth except to a duly authorized representative of the commissioner of health or to the commissioner of human services or the duly authorized representatives.

Subp. 3. Boarding infants in hospital.

No infant shall be retained in the hospital for care for more than 29 days following discharge of the mother except for prematurity, illness, or other physical reason which requires specialized hospital care.

Subp. 4. Placement of children.

No member of the hospital staff or employee of the hospital shall place or participate in the placement of any child born in the hospital with any person other than a birth parent or member of the immediate family except in cooperation with an authorized child-placing agency.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39; L 1984 c 654 art 5 s 58; L 1987 c 403 art 3 s 96; 17 SR 1279; L 1994 c 465 art 1 s 62; L 1994 c 631 s 31

Subpart 1. Scope.

This part defines the term "individual permanent medical record." It does not outline content requirements for hospital records. Minnesota Statutes, section 145.32 establishes the record retention requirements for hospital records of patients and specifies the conditions under which hospital patient records may be destroyed. Minnesota Statutes, section 145.32 requires permanent retention of those portions of patient's hospital records which have been defined by the commissioner of health as the individual permanent medical record.

Subp. 2. Elements.

A patient's individual permanent medical record must consist of all of the following elements of the hospital record which are applicable to that patient.

A. identification data which includes the patient's name, address, date of birth, sex, and if available, the patient's social security number;

B. medical history which includes details of the present illness, the chief complaint, relevant social and family history, and provisional diagnosis. For obstetrical patients, the medical history shall include prenatal information when available. For newborns, a birth history consisting of a physical examination report and delivery record as it pertains to the newborn must be included;

C. a physical examination report;

D. a report of operations which includes the preoperative diagnosis, the names of all surgeons and assistants, the anesthetic agent, a description of the specimens removed with pathological findings, a description of the surgical findings, the technical procedures used, and the postoperative diagnosis;

E. a discharge summary which includes the reason for hospitalization, summary of clinical observations, procedures performed, treatment rendered, significant findings (for example, pertinent laboratory, X-ray, and test results), and condition at discharge. For newborns or others for whom no discharge summary is available, a final progress note must be included; and

F. autopsy findings.

History

Statutory Authority: MS s 145.32
History: 9 SR 2659

Chapter 4643 TRAUMATIC BRAIN AND SPINAL CORD INJURY

Minn. R. 4643.0010 Purpose, Scope, and Applicability

The purpose and scope of parts 4643.0010 to 4643.0040 are to prescribe requirements applicable to the statewide traumatic brain injury and spinal cord injury registry, including what information must be reported, who is required to submit reports, when reports must be submitted, the provision of registry data to public and private entities, and fees to be charged for compiling or analyzing registry data.

History

Statutory Authority: MS s 144.05; 144.12; 144.661 to 144.665
History: 17 SR 1021

Minn. R. 4643.0015 Incorporations by Reference

The Fourth edition of the International Classification of Diseases, Clinical Modification, 9th Revision, 1991, and corresponding annual updates is incorporated by reference. It is subject to frequent change, is published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, and may be purchased through the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. It is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 144.05; 144.12; 144.661 to 144.665
History: 17 SR 1021; L 2002 c 277 s 32

Minn. R. 4643.0020 Definitions

Subpart 1. Scope.

For purposes of parts 4643.0010 to 4643.0040, the following terms have the meanings given them in this part.

Subp. 2. Commissioner.

"Commissioner" means the state commissioner of health, or the commissioner's designee.

Subp. 3. E-Code.

"E-Code" means the ICD-9-CM classification code assigned to describe the environmental events, circumstances, and conditions determined to be the external cause of the injury.

Subp. 4. Electronic submission of data.

"Electronic submission of data" means the transfer of data from a computer used by a reporting hospital to a computer specified by the commissioner through the use of a modem, magnetic tape, or magnetic disk.

Subp. 5. Hospital.

"Hospital" means an acute care institution licensed in accordance with Minnesota Statutes, sections 144.50 to 144.581.

Subp. 6. ICD-9-CM.

"ICD-9-CM" means the International Classification of Diseases, Clinical Modification, 9th Revision, 1991.

Subp. 7. N-Code.

"N-Code" means the ICD-9-CM classification code assigned to describe the clinical nature of the injury.

Subp. 8. Spinal cord injury reportable case.

"Spinal cord injury reportable case" means an injury event as defined in Minnesota Statutes, section 144.661, subdivision 3, which results in a hospital acute care inpatient admission or emergency room death, and is assigned one or more of the following N-Codes: 806, 907.2, and 952.

Subp. 9. Summary registry data.

"Summary registry data" means statistical records and reports derived from registry data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable.

Subp. 10. Traumatic brain injury reportable case.

"Traumatic brain injury reportable case" means an injury event as defined in Minnesota Statutes, section 144.661, subdivision 2, which results in a hospital acute care inpatient admission or emergency room death, and is assigned one or more of the following N-Codes: 310.2, 348.1, (when used in combination with 994.1 or 994.7), 800, 801, 803, 804, 850, 851, 852, 853, 854, 905.0, 907.0 and 950.

History

Statutory Authority: MS s 144.05; 144.12; 144.661 to 144.665
History: 17 SR 1021

Minn. R. 4643.0030 Registry Reporting Requirements

Subpart 1. Hospitals required to report.

Hospitals shall submit to the commissioner reports containing the information items in subpart 2 for all traumatic brain injury and spinal cord injury reportable cases.

Subp. 2. Report content.

The following information items must be submitted to the commissioner for each reportable case:

A. Patient data including: name, street address, city, county, and state of residence, telephone number, date of birth, gender, race/ethnicity, social security number, type of insurance or payment source, and name of parent or guardian for individuals under the age of 18 years.

B. Injury circumstance data including: date and time of day injury occurred, location where injury occurred (street address, city, county, and state), E-Codes or equivalent information submitted on forms provided by the commissioner, alcohol/drug levels (from toxicology reports), employer name (for work-related injuries), and use of protective equipment.

C. Nature of injury data including: N-Codes and fatality of injury.

D. Reporting source data including: name and address of hospital, name and telephone number of person completing report, date of report, patient medical record number, date of admission, date of discharge or transfer from acute care, place discharged or transferred to (for example home, rehabilitation center, nursing home) and whether the place is located in Minnesota or another state, and name of attending physician.

Subp. 3. Report format.

Registry information must be submitted on forms provided by the commissioner for that purpose. The commissioner may approve alternative means for providing registry information including the electronic submission of data.

Subp. 4. Report submission deadline.

A report must be completed and submitted to the commissioner within 60 days of patient death, discharge, or transfer from the acute care setting.

Subp. 5. Report quality assurance.

A hospital must take all reasonable measures to assure that the registry information submitted to the commissioner is complete and accurate. A hospital must cooperate with the commissioner in the conduct of registry information validation studies, including providing access to patient medical records.

History

Statutory Authority: MS s 144.05; 144.12; 144.661 to 144.665
History: 17 SR 1021

Minn. R. 4643.0040 Provision of Registry Data

Subpart 1. Summary registry data.

Except as provided in Minnesota Statutes, section 144.664, subdivision 3, the commissioner will release only summary registry data.

Subp. 2. Data compilation or analyses.

The commissioner must provide assistance in response to requests from public or private entities engaged in research regarding the compilation or analyses of summary registry data. The assistance must include interpreting data analysis results and providing recommendations concerning the subsequent use of this information.

Subp. 3. Fees.

The commissioner may charge fees in accordance with Minnesota Statutes, section 13.03, subdivision 3, to recover all expenses and costs. These costs may include employee hourly wages, employee expenses, electronic data processing costs, duplicating, and clerical charges incurred by the commissioner as a result of requests by public and private entities for summary registry data compilation or analyses under the following conditions:

A. the entity requesting the summary registry data is not a community health services board as defined in Minnesota Statutes, chapter 145A;

C. the estimated total out-of-pocket expenses, regardless of person hours needed to satisfy the request, are greater than $50.

History

Statutory Authority: MS s 144.05; 144.12; 144.661 to 144.665
History: 17 SR 1021

Chapter 4645 HOSPITAL CONSTRUCTION AND EQUIPMENT

Minn. R. 4645.0200 Construction Defined

The term "construction" as used in parts 4645.0200 to 4645.5200 means the erection of new buildings and the additions to existing buildings commenced on or after the effective date of these rules.

Prior to the final selection of a hospital site, it is suggested that a request be made to the commissioner of health for a study and recommendations relative to the choice of a site. It is recommended that a site survey and soil investigation be completed prior to starting work on the building design.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4645.0300 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.0400 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.0500 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.0600 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.0700 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.0800 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.0900 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1000 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1100 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1200 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1300 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1400 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1500 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1600 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1700 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1800 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.1900 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2000 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2100 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2200 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2300 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2400 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2500 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2600 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2700 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2800 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.2900 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3000 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3100 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3200 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3300 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3400 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3500 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3600 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3700 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3800 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3805 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.3900 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4000 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4100 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4200 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4300 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4400 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4500 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4600 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4700 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4800 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.4900 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.5000 [Renumbered 4645.3805]

[Renumbered 4645.3805]

Minn. R. 4645.5100 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.5200 [Repealed, L 2023 c 70 art 3 s 83]

[Repealed, L 2023 c 70 art 3 s 83]

Minn. R. 4645.5300 Preliminary Plans

When construction is contemplated for new buildings, additions to existing buildings, or for major remodeling or alterations of existing buildings, the preliminary plans or sketches shall be submitted to the commissioner of health for review and approval before the preparation of working drawings is undertaken. The preliminary plans shall be drawn to scale and shall indicate the type of construction, the assignment of all spaces, sizes of areas and rooms, and the location and kind of fixed equipment. The proposed roads and walks, service and entrance courts, parking, and orientation shall be shown on either a small plot plan or the first floor plan.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4645.5400 Final Working Drawings and Specifications

Subpart 1. Plans submitted to the commissioner of health.

Before construction is begun, plans and specifications covering the construction of new buildings, additions to existing buildings, or for major remodeling or alterations of existing buildings shall be submitted in duplicate to the commissioner of health for its approval. These plans shall show the general arrangement of the building, including a room schedule and fixed equipment of each room, together with other pertinent information. Separate drawings shall be prepared for each of the following branches of work: architectural, structural, mechanical, and electrical. They shall include or contain the information in subparts 2 to 5.

Subp. 2. Architectural drawings.

Architectural drawings must include:

A. approach plan showing all topography; newly established levels and grades; existing structures on the site, if any; new buildings and structures; roadways and walks;

B. plan of each floor and roof;

C. elevations of each facade;

D. sections through building;

E. scale and full size details as necessary;

F. schedule of finishes; and

G. large scale drawings of typical and special rooms indicating all fixed equipment.

Subp. 3. Structural drawings.

Structural drawings must meet the following requirements in items A to E.

A. Plans of foundations, floors, roofs, and all intermediate levels shall show a complete design with sizes, sections, and the relative location of the various members. A schedule of beams, girders, and columns shall be included.

B. Floor levels, column centers, and offsets shall be dimensioned.

C. Special openings and pipe sleeves shall be dimensioned or otherwise noted for easy reference.

D. Details of all special connections, assemblies, and expansion joints shall be given.

E. Notes on design data shall include the name of the governing building code, values of assumed live loads, wind loads, and soil-bearing pressures.

Subp. 4. Mechanical drawings.

These drawings with specifications shall show the complete installations and equipment as follows:

A. heating, piping, ventilation, and air-conditioning:

B. plumbing, drainage, stand pipe systems, and gas piping:

C. elevators and dumbwaiters. Shaft details and dimensions, size of car platform and doors, travel, pit, and machine room; and

D. kitchens, laundry, laboratories, boiler room, and mechanical equipment rooms shall be detailed at a satisfactory scale to show the location, size, and connections of all fixed and movable equipment.

Subp. 5. Electrical drawings.

Drawings shall show all electrical wiring, outlets, and equipment which require electrical connections as follows:

A. Electrical service entrance with service switches, service feeders to the public service feeders, and characteristics of the light and power current. Transformers and their connections, if located in the building, shall be shown.

B. Plan and diagram showing main switchboard, power panels, light panels, and equipment. Feeder and conduit sizes shall be shown with schedule of feeder breakers or switches.

C. Light outlets, receptacles, switches, power outlets, and circuits.

D. Telephone layout showing service entrance, telephone switchboard, strip boxes, telephone outlets, and branch conduits as approved by the telephone company. Where public telephones are used for intercommunication, equipment shall be provided as required by the telephone company.

E. Nurses' call systems with outlets for beds, duty stations, door signal lights, annunciators, and wiring diagrams.

F. Doctors' call and doctors' in-and-out systems with all equipment wiring, if provided.

G. Fire alarm system with stations, gongs, control board, and wiring diagrams.

H. Emergency lighting system with outlets, transfer switch, source of supply, feeders, and circuits.

Subp. 6. Additions to existing buildings.

The procedures and requirements for working drawings and specifications shall be followed and in addition the following information shall be submitted:

A. plans and details showing attachment of new construction to the existing structure and mechanical systems as well as a plan of the functional layout of the existing building designating bedrooms and service areas; and

B. type of construction of existing building and number of stories.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4645.5500 Specifications

Specifications shall supplement the drawings and shall comply with the following:

A. The specifications shall fully describe, except where fully indicated and described on the drawings, the materials, construction, the kind, sizes, capacities, finishes, and other characteristics of all materials, products, articles, and devices.

B. The specification shall include:

History

Statutory Authority: MS s 144.55; 144.56
History: 17 SR 1279

Minn. R. 4645.5600 Plans for Water Supply and Sewerage Systems

No water supply or plumbing system or system for the disposal of sewage, garbage, or refuse shall be installed nor shall any such existing system be materially altered or extended until complete plans and specifications for the installation, alteration, or extension, together with such additional information as the commissioner of health may require, have been submitted to the commissioner of health in duplicate and approved. The plumbing installation in the existing building shall upon completion comply with the Minnesota Plumbing Code, chapter 4714.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39; 40 SR 71

Minn. R. 4645.5700 Preparation of Plans and Specifications by a Registered Architect or Engineer

Plans and revisions shall be prepared and certified by an engineer or architect registered to practice in the state of Minnesota as provided by state laws.

Minnesota Statutes, sections 326.02 and 326.03, require that plans be prepared by a registered architect or registered engineer if the total cost of the improvement exceeds $2,000 paid in whole or in part from public funds, or if the total cost exceeds $10,000, paid from funds not public.

History

Statutory Authority: MS s 144.55; 144.56

Minn. R. 4645.5800 Compliance with Approved Plans

All hospital construction shall take place in accordance with the approved completed plans. If it is desired to make deviations from the approved plans, the commissioner of health shall be consulted and approval of the proposed changes obtained before construction changes are started.

History

Statutory Authority: MS s 144.55; 144.56
History: L 1977 c 305 s 39

Minn. R. 4645.5900 Delayed Construction

Unless construction is commenced within one year of approval of final working drawings and specifications, the drawings shall be resubmitted for renewal of review and approval.

History

Statutory Authority: MS s 144.55; 144.56

Minn. R. 4645.6000 Fire Marshal Approval Required

Fire protection for the hospital shall be provided in accordance with requirements of the state fire marshal. Approval by the state fire marshal of the fire protection of a hospital shall be a prerequisite for licensure.

History

Statutory Authority: MS s 144.55; 144.56

Chapter 4647 HEALTH CARE EQUIPMENT LOAN PROGRAM

Minn. R. 4647.0100 [Repealed, 28 SR 1249]

[Repealed, 28 SR 1249]

Minn. R. 4647.0200 [Repealed, 28 SR 1249]

[Repealed, 28 SR 1249]

Minn. R. 4647.0300 [Repealed, 28 SR 1249]

[Repealed, 28 SR 1249]

Minn. R. 4647.0400 [Repealed, 28 SR 1249]

[Repealed, 28 SR 1249]

Chapter 4650 HOSPITAL AND SURGICAL CENTER REPORTING

Minn. R. 4650.0100 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0102 Definitions

Subpart 1. Scope.

For the purposes of parts 4650.0102 to 4650.0174, the following terms have the meanings given them.

Subp. 1a. Accounting and financial reporting expenses.

"Accounting and financial reporting expenses" means all costs related to fiscal services, such as general accounting, budgeting, cost accounting, payroll accounting, accounts payable, and plant, equipment, and inventory accounting.

Subp. 2. Accounting period.

"Accounting period" means the fiscal year of a facility which is a period of 12 consecutive months established by the governing authority of a facility for purposes of accounting.

Subp. 2a. Adjustments and uncollectibles.

"Adjustments and uncollectibles" means the total of charity care and adjustments to charges under reimbursement agreements with payers.

Subp. 2b. Administrative expenses.

"Administrative expenses" means the sum of the following:

A. admitting, patient billing, and collection expenses;

B. accounting and financial reporting expenses;

C. quality assurance and utilization management program or activity expenses;

D. community and wellness education expenses;

E. promotion and marketing expenses;

F. taxes, fees, and assessments;

G. malpractice expenses; and

H. other administrative expenses.

Subp. 3.

[Repealed, 21 SR 1106]

Subp. 3a. Admitting, patient billing, and collection expenses.

"Admitting, patient billing, and collection expenses" means all costs related to inpatient and outpatient admission or registration, whether scheduled or nonscheduled; the scheduling of admission times; insurance verification, including coordination of benefits; preparing and submitting claim forms; and cashiering, credit, and collection functions.

Subp. 3b.

[Repealed, 21 SR 1106]

Subp. 3c.

[Repealed, 21 SR 1106]

Subp. 4.

[Repealed, 21 SR 1106]

Subp. 4a. Available beds.

"Available beds" means the number of beds that can be made available for use within 24 hours, as of the end of a reporting period. Available beds include pediatric bassinets, isolation units, quiet rooms, and all other bed facilities that are set up for use by inpatients who have no other bed facilities assigned to or reserved for them. Available beds do not include newborn bassinets, labor rooms, postanesthesia or postoperative recovery room beds, psychiatric holding beds, beds that are used only as holding facilities for patients prior to their transfer to another hospital, or any other bed facilities for patients receiving special procedures for a portion of their stay and who have other bed facilities assigned to or reserved for them.

Subp. 5.

[Repealed, 19 SR 1419]

Subp. 6.

[Repealed, 21 SR 1106]

Subp. 7.

[Repealed, 19 SR 1419]

Subp. 7a. Bad debt expense.

"Bad debt expense" means the dollar amount charged for care for which there was an expectation of payment but for which the patient is unwilling to pay.

Subp. 8.

[Repealed, 19 SR 1419]

Subp. 8a. Business day.

"Business day" means Monday through Friday, but does not include those days listed as holidays in Minnesota Statutes, section 645.44, subdivision 5.

Subp. 9. Charity care adjustments.

"Charity care adjustments" means the dollar amount that would have been charged by a facility for rendering free or discounted care to persons who cannot afford to pay and for which the facility did not expect payment. For purposes of reporting under part 4650.0112, charity care adjustments are included in adjustments and uncollectibles.

Subp. 9a. Community and wellness education expenses.

"Community and wellness education expenses" means all costs related to wellness programs, health promotion, community education classes, support groups, and other outreach programs and health screening, included in a specific community or wellness education cost center or reclassified from other cost centers. Community and wellness education expenses does not include patient education programs.

Subp. 9b. Commissioner.

"Commissioner" means the commissioner of health and duly authorized agents of the commissioner of health.

Subp. 10.

[Repealed, 21 SR 1106]

Subp. 11.

[Repealed, 19 SR 1419]

Subp. 12.

[Repealed, 19 SR 1419]

Subp. 12a.

[Repealed, 21 SR 1106]

Subp. 12b. Donations and grants for charity care.

"Donations and grants for charity care" means revenues from an individual, group, foundation, government entity, or corporate donor that are designated by the donor for providing charity care. For purposes of reporting under part 4650.0112, donations and grants for charity care are operating revenue.

Subp. 12c.

[Repealed, 26 SR 627]

Subp. 13.

[Repealed, 21 SR 1106]

Subp. 14.

[Repealed, 21 SR 1106]

Subp. 15.

[Repealed, 21 SR 1106]

Subp. 16.

[Repealed, 19 SR 1419]

Subp. 17.

[Repealed, 21 SR 1106]

Subp. 18.

[Repealed, 21 SR 1106]

Subp. 19.

[Repealed, 21 SR 1106]

Subp. 19a. Full-time equivalent employee.

"Full-time equivalent employee" means an employee or any combination of employees that are paid by the facility for 2,080 hours of employment per year.

Subp. 19b.

[Repealed, 21 SR 1106]

Subp. 19c. Full-time equivalent resident.

"Full-time equivalent resident" means a graduate medical resident who is on assigned rotation at the hospital during the full reporting year. Full-time equivalent resident also means any combination of graduate medical residents who are on assigned rotation at the hospital during a portion of the reporting year for a combined amount of time equivalent to one resident for a full year. A graduate medical resident means an individual who is being trained as a physician and is in an accredited residency program at a teaching hospital.

Subp. 20.

[Repealed, 19 SR 1419]

Subp. 20a.

[Repealed, 21 SR 1106]

Subp. 20b. Gross surgical center revenue from patient care.

"Gross surgical center revenue from patient care" means the total charges billed by the surgical center for patient care regardless of whether the surgical center expects to collect the amount billed.

Subp. 20c.

[Repealed, 21 SR 1106]

Subp. 20d. Group purchaser.

"Group purchaser" has the meaning given in Minnesota Statutes, section 62J.03, subdivision 6.

Subp. 20e. Hospital.

"Hospital" means a facility licensed as a hospital under Minnesota Statutes, sections 144.50 to 144.58, to provide to inpatients:

A. diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or

B. rehabilitation services for the rehabilitation of injured, disabled, or sick persons.

Subp. 20f. Hospital patient care services charges.

"Hospital patient care services charges" means the total charges billed by a hospital for care provided to admitted inpatients and registered outpatients by the hospital operating under its Minnesota hospital license. Charges are counted in hospital patient care services charges regardless of whether the hospital expects to collect the amount billed. Hospital patient care services charges include charges for hospital routine inpatient, outpatient, and ancillary services.

Subp. 21.

[Repealed, 19 SR 1419]

Subp. 21a.

[Repealed, 21 SR 1106]

Subp. 22.

[Repealed, 21 SR 1106]

Subp. 23.

[Repealed, 19 SR 1419]

Subp. 23a.

[Repealed, 21 SR 1106]

Subp. 24.

[Repealed, 21 SR 1106]

Subp. 24a. Malpractice expenses.

"Malpractice expenses" means all costs of malpractice including malpractice insurance, self-insurance expenses including program administration, and malpractice losses not covered by insurance, including deductibles and malpractice attorney fees.

Subp. 24b. Management information systems expenses.

"Management information systems expenses" means all costs related to maintaining and operating the data processing system of the facility, including such functions as admissions, medical records, patient charges, decision support systems, and fiscal services.

Subp. 24c. Medical care surcharge.

"Medical care surcharge" means the expenses under Minnesota Statutes, section 256.9657. For purposes of reporting under part 4650.0112, medical care surcharge is an operating expense.

Subp. 24d.

[Repealed, 21 SR 1106]

Subp. 24e. MinnesotaCare tax.

"MinnesotaCare tax" means expenses for the MinnesotaCare tax under Minnesota Statutes, sections 295.52 and 295.582. For purposes of reporting under part 4650.0112, the MinnesotaCare tax is an operating expense.

Subp. 24f.

[Repealed, 21 SR 1106]

Subp. 24g.

[Repealed, 21 SR 1106]

Subp. 24h.

[Repealed, 21 SR 1106]

Subp. 25.

[Repealed, 21 SR 1106]

Subp. 25a.

[Repealed, 21 SR 1106]

Subp. 26.

[Repealed, 21 SR 1106]

Subp. 26a. Nonoperating donations and grants.

"Nonoperating donations and grants" means revenues from an individual, group, foundation, or corporate donor that are not designated by the donor for a specific purpose or are designated by the donor for a purpose not directly related to the normal day-to-day operations of the facility. For purposes of reporting under part 4650.0112, nonoperating donations and grants are nonoperating revenue.

Subp. 26b. Nonoperating expenses.

"Nonoperating expenses" means all costs not directly associated with the normal day-to-day operation of the facility.

Subp. 26c. Nonoperating public funding.

"Nonoperating public funding" means revenue from taxes or other municipal, county, state, or federal government sources, including grants and subsidies, that are not designated for a specific purpose or are designated for a purpose not directly related to the normal day-to-day operations of the facility. For purposes of reporting under part 4650.0112, nonoperating public funding is nonoperating revenue.

Subp. 26d. Nonoperating revenue.

"Nonoperating revenue" means all income received that is not directly related to the normal day-to-day operations of the facility.

Subp. 26e. Operating expenses.

"Operating expenses" means all costs directly associated with providing patient care or other services that are part of the normal day-to-day operation of the facility.

Subp. 26f. Operating revenue.

"Operating revenue" means the sum of hospital patient care services charges, other patient care services charges, total adjustments and uncollectibles, and other operating revenue received as part of the normal day-to-day operation of the facility.

Subp. 27.

[Repealed, 19 SR 1419]

Subp. 28.

[Repealed, 19 SR 1419]

Subp. 28a. Other administrative expenses.

"Other administrative expenses" means all costs for the overall operation of the facility associated with management, administration, and legal staff functions, including the costs of governing boards, executive wages and benefits, auxiliary and other volunteer groups, purchasing, telecommunications, printing and duplicating, receiving and storing, and personnel management. Other administrative expenses includes all wages and benefits, donations and support, direct and in-kind, for the purpose of lobbying and influencing policymakers and legislators, including membership dues, and all expenses associated with public policy development, such as response to rulemaking and interaction with government agency personnel including attorney fees for reviewing and analyzing governmental policies. Other administrative expenses does not include the costs of public relations included in promotion and marketing expenses, the costs of legal staff already allocated to other functions, or the costs of medical records, social services, and nursing administration.

Subp. 28b. Other operating revenue.

"Other operating revenue" means total income received as part of the normal day-to-day operation of a facility that is from services other than patient care and when no hospital medical record is generated. Other operating revenue includes:

A. donations and grants for charity care;

B. private donations and grants for operations;

C. public funding for operations;

D. space rental;

E. medical record transcription fees;

F. operation of a hospital cafeteria;

G. parking lot and ramp fees;

H. gift shop revenues;

I. public phone proceeds;

J. recovery of radiology silver;

K. billing services for other health care entities;

L. weight loss clinics;

M. auxiliary functions; and

N. other income received as part of the normal day-to-day operation of the facility not related to patient care.

Subp. 28c. Other patient care services charges.

"Other patient care services charges" means the total charges billed by the hospital for patient care services that are provided by the hospital, as described in items A to D.

A. Other patient care services charges include charges billed by the hospital for patient care services provided by hospital components to persons who are not admitted as inpatients or registered as outpatients of the hospital. Charges for the sale of reference laboratory services, reference radiology services, durable medical equipment, and retail pharmacy supplies are included under this item.

B. Other patient care services charges include charges billed by the hospital for the professional component of patient care services provided by physicians and by billable midlevel practitioners whose scope of practice allows them to practice independent of direct physician supervision. This applies to physicians and billable midlevel practitioners, whether they are employed by the hospital or under contract with the hospital, when the charges are billed and received by the hospital, unless the hospital acts merely as a billing agent.

C. Charges for patient care services that are hospital patient care services charges as defined in subpart 20f are not included as other patient care services charges.

D. Charges are included as other patient care services charges regardless of whether the hospital expects to collect the amount billed.

Subp. 29.

[Repealed, 21 SR 1106]

Subp. 30. Outpatient registration.

"Outpatient registration" means a documented acceptance of a patient by a facility for the purpose of providing outpatient services in an outpatient or ancillary department, including documented acceptance for the provision of emergency and outpatient surgery services. An outpatient registration may involve the provision of more than one outpatient service, and a patient may have more than one outpatient registration per day. Outpatient registration does not include failed appointments or telephone contacts.

Subp. 30a.

[Repealed, 21 SR 1106]

Subp. 30b.

[Repealed, 21 SR 1106]

Subp. 30c.

[Repealed, 21 SR 1106]

Subp. 30d. Outpatient surgical center.

"Outpatient surgical center" means a freestanding facility licensed under Minnesota Statutes, sections 144.50 to 144.58, and organized for the specific purpose of providing elective outpatient surgery for preexamined, prediagnosed, low-risk patients.

Subp. 31.

[Repealed, 21 SR 1106]

Subp. 31a. Plant, equipment, and occupancy expenses.

"Plant, equipment, and occupancy expenses" means all costs related to plant, equipment, and occupancy expenses, including maintenance, repairs, and engineering expenses, building rent and leases, equipment rent and leases, and utilities. Plant, equipment, and occupancy expenses includes interest expenses and depreciation.

Subp. 31b. Private donations and grants for operations.

"Private donations and grants for operations" means revenues from an individual, group, foundation, or corporate donor that are designated for supporting the continued operation of the facility. Private donations and grants for operations do not include donations and grants for charity care. For purposes of reporting under part 4650.0112, private donations and grants for operations are operating revenue.

Subp. 32.

[Repealed, 19 SR 1419]

Subp. 32a. Promotion and marketing expenses.

"Promotion and marketing expenses" means all costs related to marketing, promotion, and advertising activities such as billboards, yellow page listings, cost of materials, advertising agency fees, marketing representative wages and fringe benefits, travel, and other expenses allocated to the promotion and marketing activities. Promotion and marketing expenses does not include costs charged to other departments within the hospital.

Subp. 32b. Psychiatric hospital.

"Psychiatric hospital" means a facility licensed as a psychiatric hospital under Minnesota Statutes, sections 144.50 to 144.58, to provide psychiatric services to inpatients for the diagnosis and treatment of mental illness.

Subp. 32c. Public funding for operations.

"Public funding for operations" means revenue from taxes or other municipal, county, state, or federal government sources, including grants and subsidies, that are designated for supporting the continued operation of a facility. Public funding for operations does not include donations and grants for charity care. For purposes of reporting under part 4650.0112, public funding for operations is operating revenue.

Subp. 32d. Quality assurance and utilization management program or activity expenses.

"Quality assurance and utilization management program or activity expenses" means all costs associated with any activities or programs established for the purpose of quality of care evaluation and utilization management. Activities include quality assurance, development of practice protocols, utilization review, peer review, provider credentialing, and all other medical care evaluation activities.

Subp. 33.

[Repealed, 19 SR 1419]

Subp. 34.

[Repealed, 19 SR 1419]

Subp. 34a. Regulatory and compliance reporting expenses.

"Regulatory and compliance reporting expenses" means all costs of the facility associated with, or directly incurred in the preparation and submission of financial, statistical, or other utilization, satisfaction, or quality reports, or summary plan descriptions that are required by federal, state, and local agencies.

Subp. 34b. Reporting organization.

"Reporting organization" has the meaning given in Minnesota Statutes, section 144.702, subdivision 6.

Subp. 35. Research expenses.

"Research expenses" means the costs incurred by a facility for research purposes. Research means a systematic, intensive study directed toward a better scientific knowledge of the science and art of diagnosing, treating, curing, and preventing mental or physical disease, injury, or deformity; relieving pain; and improving or preserving health. Research may be conducted at a laboratory bench without the use of patients or it may involve patients. Furthermore, there may be research projects that involve both laboratory bench research and patient care research.

Subp. 35a. Resident salaries and benefits.

"Resident salaries and benefits" means the total salaries or stipends paid to graduate medical residents, as well as costs for job-related benefits provided for residents, including health or disability insurance. Resident salaries and benefits include those salaries and benefits for the proportion of time on assigned rotation at the hospital, regardless of whether the salaries and benefits are paid by the hospital or another entity. A graduate medical resident means an individual who is being trained as a physician and is in an accredited residency program at a teaching hospital.

Subp. 35b. Rural hospital planning and transition grant.

"Rural hospital planning and transition grant" means a grant awarded under Minnesota Statutes, section 144.147. For purposes of reporting under part 4650.0112, a rural hospital planning and transition grant is public funding for operations.

Subp. 35c.

MR 2001 [Removed, L 2003 1Sp14 art 7 s 88]

Subp. 35d. Specialized hospital.

"Specialized hospital" means a state-operated facility licensed as a specialized hospital under Minnesota Statutes, sections 144.50 to 144.58, to provide services to inpatients for the diagnosis and treatment of mental illness.

Subp. 36.

[Repealed, 21 SR 1106]

Subp. 37.

[Repealed, 21 SR 1106]

Subp. 38.

[Repealed, 21 SR 1106]

Subp. 39.

[Repealed, 21 SR 1106]

Subp. 39a. Taxes, fees, and assessments.

"Taxes, fees, and assessments" means the direct payments made to government agencies including property taxes; medical care surcharge; MinnesotaCare tax; unrelated business income taxes; any assessments imposed by local, state, or federal jurisdiction; all fees associated with the facility's new or renewal certification with state or federal regulatory agencies, including fees associated with Joint Commission on Accreditation of Healthcare Organizations (JCAHO) accreditation; and any fees or fines paid to government agencies for examinations related to regulation.

Subp. 40.

[Repealed, 21 SR 1106]

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106; 26 SR 627; L 2003 1Sp14 art 7 s 88

Minn. R. 4650.0104 Scope; Report Requirements

Subpart 1. Scope.

All hospitals, psychiatric hospitals, specialized hospitals, and outpatient surgical centers licensed under Minnesota Statutes, sections 144.50 to 144.58, are subject to this chapter.

Subp. 2. Report requirements.

A hospital, psychiatric hospital, or specialized hospital shall submit a financial, utilization, and services report as described in part 4650.0112. An outpatient surgical center shall submit a financial, utilization, and services report as described in part 4650.0113. A hospital or outpatient surgical center shall submit an audited annual financial statement as described in part 4650.0110 and a Medicare cost report as described in part 4650.0111.

Subp. 3. Citations.

Citations of federal law or federal regulations incorporated in parts 4650.0102 to 4650.0174 are for those laws and regulations as amended.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0106 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0108 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0110 Audited Annual Financial Statement

Subpart 1. Reporting requirements.

A hospital or outpatient surgical center shall submit an audited annual financial statement, including all notes, footnotes, and auditor's opinion, to the commissioner or the voluntary, nonprofit reporting organization approved by the commissioner.

Subp. 2.

[Repealed, 21 SR 1106]

Subp. 3.

[Repealed, 21 SR 1106]

Subp. 4.

[Repealed, 21 SR 1106]

Subp. 5.

[Repealed, 21 SR 1106]

Subp. 6.

[Repealed, 21 SR 1106]

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; L 1994 c 488 s 8; 21 SR 1106

Minn. R. 4650.0111 Medicare Cost Report

A hospital or outpatient surgical center shall submit to the commissioner or the voluntary, nonprofit reporting organization approved by the commissioner a copy of the facility's cost report as filed under United States Social Security Act, title XVIII, stated in Code of Federal Regulations, title 42, section 413.20, and the uniform cost report required under United States Code, title 42, section 1320a. The hospital or outpatient surgical center shall also submit a copy of any supplemental reconciliation schedules tying the financial statement to the cost report.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: 19 SR 1419; 21 SR 1106; 26 SR 627

Minn. R. 4650.0112 Financial, Utilization, and Services Report; Hospitals

Subpart 1. Reporting requirements.

A hospital, psychiatric hospital, or specialized hospital shall submit a report including financial, utilization, and services information for the facility's last full and audited accounting period prior to the accounting period during which it submits this report. This period is called the reporting year. A hospital must include the information described in subparts 2, 2a, and 3. A psychiatric hospital or a specialized hospital must include the information described in subparts 2, 2a, and 3, item A, but is not required to report the detailed financial data described in subpart 3, items B to R. Information must be reported according to subpart 1c.

Subp. 1a. Changes in accounting period.

If a hospital, psychiatric hospital, or specialized hospital changes its audited accounting period, reports must include financial, utilization, and services information for all time periods. Required information for a period of up to 13 months may be included in one report.

Subp. 1b. Clinic data reporting.

If a hospital is not part of a multihospital system, but is affiliated with a clinic as evidenced on the audited annual financial statement, the hospital must separately report the hospital and affiliated clinic information. Reporting affiliated clinic information as specified in subpart 7 fulfills the requirements of chapter 4651 for physicians whose information is included in the clinic reporting.

Subp. 1c. Estimating.

Whenever reasonably possible, a hospital, psychiatric hospital, or specialized hospital must report actual numbers in all categories. If it is not reasonably possible for the facility to report actual numbers, the facility may estimate using reasonable methods. Upon request from the commissioner, the facility must provide a written explanation of the method used for the estimate.

Subp. 2. Utilization information.

Utilization information must include:

A. the number of patient days, excluding swing bed and subacute or transitional care patient days, categorized by type of payer and by designated care unit or revenue center;

B. the number of admissions, excluding swing bed and subacute or transitional care admissions, categorized by type of payer and by designated care unit or revenue center;

C. the number of swing bed patient days, subacute or transitional care patient days, and nursery days;

D. by employee classification, the average number of vacant full-time equivalent positions and the average number of full-time equivalent employees categorized by consulting or contracting, full-time, part-time, and total;

E. the number of swing bed admissions and subacute or transitional care admissions categorized by origin, and the number of patients readmitted to a swing bed within 60 days of a patient's discharge from the facility;

F. the number of licensed beds, the number of licensed bassinets, the number of available beds, the maximum daily census and the minimum daily census for the reporting period, and the average number of beds used by the facility for swing beds and subacute or transitional care;

G. the total number of births;

H. the number of swing bed and subacute or transitional care discharges categorized by destination;

I. any changes in the number of licensed beds during the reporting year and the effective dates of the changes;

J. the number of physicians with admitting privileges; and

K. the average length of stay.

Subp. 2a. Services information.

Services information must:

A. specify whether the following services are provided on or off site, and whether the services are provided by facility staff or by contractual arrangement:

B. provide the following measures of utilization:

C. provide the following measures of staffing:

Subp. 2b. Additions in required services information.

When medical or technological advances introduce a new health care service or when information about an existing health care service is important for policy analysis purposes, the commissioner shall determine if information about the health care service will be requested under this chapter. To make this determination, the commissioner shall consider:

A. whether the service is likely to be provided in a significant number of hospitals, psychiatric hospitals, specialized hospitals, or outpatient surgical centers;

B. whether the geographic location of the service is important to monitoring access to the service;

C. whether information about the service is important consumer, industry, or policy analysis information;

D. whether reporting information about the service is an administrative burden for the hospital, psychiatric hospital, specialized hospital, or outpatient surgical center; and

E. other factors which relate to the anticipated utilization of the health care service.

Subp. 2c. Elimination of required services information.

The commissioner shall eliminate requests for information about obsolete health care services. To determine if a health care service is obsolete, the commissioner shall consider whether:

A. there has been a significant reduction in the number of hospitals, psychiatric hospitals, or specialized hospitals that provide the service;

B. there has been a significant overall reduction in the statewide utilization of the service;

C. the elimination of information about the service would adversely affect the public interest; and

D. the elimination of information about the service would conflict with standards imposed by law.

Subp. 3. Financial information.

Financial information must include:

A. total operating expenses and total operating revenue;

B. management information systems expenses and plant, equipment, and occupancy expenses;

C. total administrative expenses. A hospital licensed for 50 or more beds shall report expenses for each of the following functions: admitting, patient billing, and collection; accounting and financial reporting; quality assurance and utilization management program or activity; community and wellness education; promotion and marketing; taxes, fees, and assessments; malpractice; and other administrative expenses;

D. regulatory and compliance reporting expenses;

E. hospital patient care services charges and other patient care services charges;

F. the sum of hospital patient care services charges and other patient care services charges:

G. a statement of adjustments and uncollectibles by type of payer, for charity care, and by inpatient or outpatient category:

H. public funding for operations and donations and grants for charity care with estimates of the percentage received from private and public sources;

I. income or loss from hospital operations;

J. gross receivables by payer and net receivables;

K. a copy of charity care policies, including a description of, if applicable, income guidelines, asset guidelines, medical assistance status impact on charity care eligibility, and sliding fee schedules; charity care services provided; other benefits provided to the community; costs in excess of public program payments; and other community services costs;

L. a description of the care provided in swing beds;

M. the medical care surcharge and MinnesotaCare tax paid;

N. provision for bad debts:

O. all other operating expenses by a natural classification of expense;

P. nonoperating revenue and nonoperating expenses;

Q. nonoperating donations and grants and nonoperating public funding;

R. salaries and wages by employee classification; and

S. the number of full-time equivalent residents, resident salaries and benefits, and research expenses.

Subp. 4.

[Repealed, 19 SR 1419]

Subp. 5.

[Repealed, 21 SR 1106]

Subp. 6. Budget year reporting.

A hospital shall report budgeted information or reasonable estimates of total operating expenses, the sum of hospital patient care services charges and other patient care services charges, total adjustments and uncollectibles, total salaries and wages, total patient days, total admissions, and total outpatient registrations for the hospital's full accounting period during which it submits the report. This period is called the budget year.

Subp. 7. Affiliated clinic data reporting.

If affiliated clinic data is reported according to subpart 1b, the clinic data must include the following:

A. gross patient revenue, adjustments and uncollectibles, net patient revenue by type of payer, and charity care as defined in part 4651.0100, subpart 4;

B. operating revenue categorized by education revenue as defined in part 4651.0100, subpart 8, research revenue as defined in part 4651.0100, subpart 22, and donations for charity care as defined in part 4651.0100, subpart 4;

C. the number of registrations by clinic location;

D. other patient care costs as defined in part 4651.0100, subpart 16, bad debt as defined in part 4651.0100, subpart 2, education-degree program costs as defined in part 4651.0100, subpart 9, and research costs as defined in part 4651.0100, subpart 21;

E. the total number of full-time equivalent employees for the clinic by employee classification;

F. malpractice expenses, if separate from the hospital;

G. addresses of each clinic location;

H. names and provider identifiers of physicians by clinic location; and

I. a description of how the clinic is defined and how it is distinguished from other outpatient services of the hospital.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106; 26 SR 627

Minn. R. 4650.0113 Financial, Utilization, and Services Report; Outpatient Surgical Centers

Subpart 1. Reporting requirements.

An outpatient surgical center shall submit a report, including the financial, utilization, and services information described in subpart 4, for the outpatient surgical center's last full accounting period prior to the accounting period during which it submits the report. This period is called the reporting year. Information must be reported according to subpart 3.

Subp. 2. Changes in accounting period.

If an outpatient surgical center changes its audited accounting period, reports must include financial, utilization, and services information for all time periods. Required information for a period of up to 13 months may be included in one report.

Subp. 3. Estimating.

Whenever reasonably possible, an outpatient surgical center must report actual numbers in all categories. If it is not reasonably possible for the facility to report actual numbers, the facility may estimate using reasonable methods. Upon request from the commissioner, the outpatient surgical center must provide a written explanation of the method used for the estimate.

Subp. 4. Financial, utilization, and services information.

Financial, utilization, and services information must include:

A. the number of surgical cases;

B. the number of operating rooms;

C. the average weekly hours open;

D. the type of nonsurgical procedures or services provided, including radiology, laboratory, and medical procedures and services;

E. the average number of full-time equivalent employees by employee classification;

F. the number of physicians with staff privileges;

G. the ten surgical procedures performed most frequently during the reporting year, including the procedure name, the current procedural terminology code number, and the number of procedures. Current procedural terminology code numbers are contained in "Physician's Current Procedural Terminology" (CPT manual) (4th edition 1996 and subsequent editions), published by the American Medical Association. The CPT manual is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system;

H. gross surgical center revenue from patient care;

I. charges by type of payer;

J. adjustments and uncollectibles by type of payer, and for charity care;

K. bad debt and total operating expenses;

L. total administrative expenses;

M. an estimate of regulatory and compliance reporting expenses;

N. management information systems expenses and plant, equipment, and occupancy expenses;

O. a description of ownership, including corporations that the outpatient surgical center is owned by or owns;

P. a description of contracts or formal affiliations with hospitals, providers of radiology services, providers of laboratory services, other outpatient surgical centers, or third-party payers, including the name of the entity, the purpose of the contract, and whether the contract or affiliation includes price discounts, quality or practice patterns, performance incentives, volume of business guarantees, or exclusivity arrangements;

Q. the availability of price information, including whether:

R. the number of inquiries concerning the price of services the surgical center receives in an average business week;

S. a description of charity care policies, including income guidelines, asset guidelines, medical assistance status impact, and sliding fee schedules;

T. a general description of the change in the demand for charity care to be provided in the budget year; and

U. a general estimate of the change in the amount of charity care the surgical center expects to provide in the budget year.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 21 SR 1106; 26 SR 627

Minn. R. 4650.0114 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0115 Charity Care Reporting

Subpart 1. Facility requirements.

For a facility to report amounts as charity care adjustments, the facility must:

A. generate and record a charge;

B. have a policy on the provision of charity care that contains specific eligibility criteria and is communicated or made available to patients;

C. have made a reasonable effort to identify a third-party payer, encourage the patient to enroll in public programs, and, to the extent possible, aid the patient in the enrollment process; and

D. ensure that the patient meets the charity care criteria of this part.

Subp. 2. Classification as charity care adjustments.

In determining whether to classify care as charity care, the facility must consider the following:

A. charity care may include services that the provider is obligated to render independently of the ability to collect;

B. charity care may include care provided to patients who meet the facility's charity care guidelines and have partial coverage, but who are unable to pay the remainder of their medical bills. This does not apply to that portion of the bill that has been determined to be the patient's responsibility after a partial charity care classification by the facility;

C. charity care may include care provided to low-income patients who may qualify for a public health insurance program and meet the facility's eligibility criteria for charity care, but who do not complete the application process for public insurance despite the facility's reasonable efforts;

D. charity care may include care to individuals whose eligibility for charity care was determined through third-party services employed by the facility for information-gathering purposes only;

E. charity care does not include contractual allowances, which is the difference between gross charges and payments received under contractual arrangements with insurance companies and payers;

F. charity care does not include bad debt;

G. charity care does not include what may be perceived as underpayments for operating public programs;

H. charity care does not include unreimbursed costs of basic or clinical research or professional education and training;

I. charity care does not include professional courtesy discounts;

J. charity care does not include community service or outreach activities; and

K. charity care does not include services for patients against whom collection actions were taken that resulted in a financial obligation documented on a patient's credit report with credit bureaus.

Subp. 3. Reporting categories.

When reporting charity care adjustments, the facility must report total dollar amounts and the number of contacts between a patient and a health care provider during which a service is provided for the following categories:

A. care to patients with family incomes at or below 275 percent of the federal poverty guideline;

B. care to patients with family incomes above 275 percent of the federal poverty guideline; and

C. care to patients when the facility, with reasonable effort, is unable to determine family incomes.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 26 SR 627

Minn. R. 4650.0116 [Repealed, 19 SR 1419]

[Repealed, 19 SR 1419]

Minn. R. 4650.0117 Bad Debt Reporting

In determining whether to classify care as a bad debt expense, a facility must:

A. presume that a patient is able and willing to pay until and unless the facility has reason to consider the care as a charity care case under its charity care policy and the facility classifies the care as a charity care case; and

B. include as a bad debt expense any unpaid deductibles, coinsurance, copayments, noncovered services, and other unpaid patient responsibilities.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 26 SR 627

Minn. R. 4650.0118 [Repealed, 19 SR 1419]

[Repealed, 19 SR 1419]

Minn. R. 4650.0120 [Repealed, 19 SR 1419]

[Repealed, 19 SR 1419]

Minn. R. 4650.0122 [Repealed, 19 SR 1419]

[Repealed, 19 SR 1419]

Minn. R. 4650.0130 Provisions for Submitting Reports

Subpart 1. Forms to be specified.

The commissioner or the voluntary, nonprofit reporting organization approved by the commissioner shall provide a data collection form or electronic application and instructions for reporting the financial, utilization, and services data. A hospital, psychiatric hospital, specialized hospital, or outpatient surgical center shall submit its financial, utilization, and services data on the form or electronic application provided by the commissioner or the approved voluntary, nonprofit reporting organization.

Subp. 2.

[Repealed, 21 SR 1106]

Subp. 3.

[Repealed, 21 SR 1106]

Subp. 4.

[Repealed, 21 SR 1106]

Subp. 5. Due date.

A licensed hospital, psychiatric hospital, specialized hospital, or outpatient surgical center shall annually submit all reports required by this chapter within 180 days of the close of the facility's accounting period, and shall base all reports required by this chapter on the same accounting period.

Subp. 6. Extensions.

If a hospital, psychiatric hospital, specialized hospital, or outpatient surgical center requests an extension in writing by the due date specified in subpart 5 and shows reasonable cause, the commissioner shall grant an extension of the due date of a report for a specified period of time. The commissioner shall respond to the facility's request for an extension within five business days of receipt of the request. The response must include approval, disapproval, or a request for more information. In determining whether a facility has met the burden of showing reasonable cause, the commissioner shall consider:

A. delays in the availability of the forms described in subpart 1;

B. additional reporting requirements of the facility;

C. emergency conditions of the facility, including natural disasters;

D. the absence of a key administrative employee; or

E. other factors which impact the economic or administrative condition of a facility.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

This subpart applies when a hospital is affiliated with an institution that includes a nursing home, clinic, home health agency, hospice agency, or other facility or agency and the audited financial statement does not specifically break out the hospital's individual revenue and expense from that of the other facilities or agencies of the institution. The hospital must include the following institutional information in its report to tie the hospital-specific information to the institution's audited financial statement:

A. gross nursing home charges from patient care;

B. gross clinic charges from patient care;

C. gross home health charges from patient care;

D. gross hospice charges from patient care;

E. gross ambulance services charges from patient care;

F. other institution charges from patient care;

G. total adjustments and uncollectibles;

H. total other operating revenue;

I. total operating revenue;

J. total operating expenses;

K. total nonoperating revenue;

L. total nonoperating expenses;

M. extraordinary items resulting in a gain or loss; and

N. other changes to unrestricted net assets.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 21 SR 1106; 26 SR 627

Minn. R. 4650.0139 Variances

Subpart 1. Data from other sources.

Upon a written request from a hospital, psychiatric hospital, specialized hospital, or outpatient surgical center, or upon the commissioner's own initiative, the commissioner shall determine whether to use data from other sources instead of collecting data required by this chapter. To make this determination, the commissioner shall consider whether:

A. data from other sources are duplicative of data required under this chapter;

B. data from other sources are available at a reasonable cost;

C. the commissioner has the resources readily available to use the data from other sources;

D. data from other sources is in an acceptable form; and

E. the commissioner will be able to use the data from other sources to meet all statutory data collection, analysis, verification, and privacy requirements.

Subp. 2. Aggregate reporting for systems.

An organization operating a hospital, psychiatric hospital, specialized hospital, or outpatient surgical center which is part of a system of hospitals, psychiatric hospitals, specialized hospitals, outpatient surgical centers, clinics, or group purchasers may make a written request for permission to report to the commissioner for all components of the system as an aggregate. If the commissioner determines that the commissioner will be able to use the data from the system as an aggregate to meet all statutory data collection, analysis, verification, and privacy requirements, the commissioner shall grant the request. The commissioner may accept some system data reported in aggregate and may require some data to be reported for each individually licensed hospital, psychiatric hospital, specialized hospital, outpatient surgical center, clinic, or group purchaser.

Subp. 3. Additional variances.

Upon written application or upon the commissioner's own initiative, the commissioner shall grant a variance to this chapter when the commissioner determines that:

A. enforcing a rule would impose an excessive burden on the applicant or others affected by the rule;

B. granting the variance would not adversely affect the public interest; and

C. granting the variance would not conflict with standards imposed by law.

Subp. 4. Burden.

When a facility makes a request under this part, the facility has the burden of showing that the required criteria under subpart 1, 2, 3, or 5 are met.

Subp. 5. Alternative practices.

A variance granted under this part may be conditioned upon alternative practices proposed by the applicant or by the commissioner and adapted to the circumstances and facts justifying approval of the variance. The commissioner must determine that the variance will not significantly increase the cost of data collection required under this chapter and that the commissioner will be able to use the data collected under the variance to meet statutory data collection, analysis, verification, and privacy requirements.

Subp. 6. Notice.

Within 30 calendar days after receiving an application, the commissioner shall notify the applicant in writing that the variance is granted or denied and shall specify the reasons for the decision. The commissioner may extend the review period, provided the applicant is notified in writing of the reasons for the extended review period.

Subp. 7. Duration; revocation.

A variance may be of limited duration. The commissioner shall revoke a variance if a material change occurs in the circumstances that justified the variance under this part, or if the applicant fails to comply with the conditions of the variance.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 21 SR 1106

Minn. R. 4650.0140 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0141 Submitting Amended Reports

Subpart 1. Reports amended by facility.

A hospital, psychiatric hospital, specialized hospital, or outpatient surgical center may submit an amended financial, utilization, and services report at any time within 18 months of the required submission date specified in part 4650.0130, subpart 5, and must include justification for the amended report. The commissioner must review and approve the amended report before it replaces the previously submitted report.

Subp. 2. Reports amended by commissioner.

The commissioner may amend a report of a hospital, psychiatric hospital, specialized hospital, or outpatient surgical center at any time if the commissioner finds that the data submitted were not accurate.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 21 SR 1106

Minn. R. 4650.0150 Complete Reports

Subpart 1. Review of each report.

The commissioner or the voluntary, nonprofit reporting organization approved by the commissioner shall review each report submitted under this chapter to determine if the report is complete. "Complete" means that the report contains adequate data in a form that will allow further review and verification of the accuracy of the report. A report is considered submitted when the commissioner or the approved voluntary, nonprofit organization has determined that the report is complete.

Subp. 2. Timely reply that report is incomplete.

If the commissioner or the voluntary, nonprofit reporting organization approved by the commissioner does not respond to the facility within 30 calendar days after receiving a report, the report is considered complete and submitted on the day the commissioner or approved voluntary, nonprofit reporting organization received the report.

Subp. 3. Incomplete report.

A report that the commissioner or the voluntary, nonprofit reporting organization approved by the commissioner determines to be incomplete must be returned within three business days of the determination to the hospital, psychiatric hospital, specialized hospital, or outpatient surgical center with a statement describing the report's deficiencies. The facility shall correct the deficiencies and resubmit the report within ten business days or request an extension according to part 4650.0130, subpart 6. If the resubmitted report is determined to be complete, it is considered complete and submitted on the date the resubmitted report was received.

Subp. 4.

[Repealed, 19 SR 1419]

Subp. 5.

[Repealed, 21 SR 1106]

Subp. 6. Error in reports.

If the commissioner discovers a significant error in a submitted report, the commissioner shall require the hospital, psychiatric hospital, specialized hospital, or outpatient surgical center to provide corrections by a date agreed upon by the commissioner and the facility.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0152 [Repealed, 19 SR 1419]

[Repealed, 19 SR 1419]

Minn. R. 4650.0154 Approval of Voluntary, Nonprofit Reporting Organization

Subpart 1. Voluntary, nonprofit reporting organization approval.

The commissioner may approve a voluntary, nonprofit reporting organization to collect and process the data and prepare reports required by this chapter. The approval shall extend for a period specified by the commissioner not to exceed two years. If the approval extends for a period of more than one year, the voluntary, nonprofit reporting organization's reporting procedures must be consistent with the written operating requirements established annually by the commissioner. An organization desiring approval may apply for approval by the procedure in parts 4650.0156 to 4650.0160.

Subp. 2. Termination of approved voluntary, nonprofit reporting organization.

The commissioner may withdraw approval of the approved voluntary, nonprofit reporting organization according to Minnesota Statutes, section 144.702, subdivision 8.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 21 SR 1106

Minn. R. 4650.0156 Open Application Period

A voluntary, nonprofit reporting organization may apply for approval of its reporting and review procedures after January 1 and before March 31 of a state fiscal year, for the next subsequent state fiscal year. The commissioner may at any time issue a request for applicants to be a voluntary, nonprofit reporting organization to collect and process the data and prepare reports required by this chapter during the subsequent state fiscal year or to replace a voluntary, nonprofit reporting organization that has been terminated according to Minnesota Statutes, section 144.702, subdivision 8.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0158 Contents of Application

An application for approval must include:

A. general information about the applicant organization, including: organization's name, address, telephone number, contact person, proposed staff, and a detailed description of its computing facilities;

B. a detailed description of the proposed reports and administrative procedures related to the collection and analysis of aggregate hospital data;

C. a statement that all reports submitted by the facilities determined to be complete according to part 4650.0150 will be available for inspection by the commissioner within five business days of the determination;

D. a description of the primary activities of the applicant that qualify the applicant as a reporting organization as defined under Minnesota Statutes, section 144.702, subdivision 6;

E. adequate documentation to demonstrate that the proposed reporting and review procedures meet or exceed the requirements of this chapter and Minnesota Statutes, sections 144.695 to 144.703;

F. a detailed description of the procedures used to receive and verify the accuracy of reports, including data processing procedures and the capability to receive and transmit report data electronically;

G. a statement guaranteeing that all data from submitted financial, utilization, and services reports will be transmitted electronically to the commissioner by a date specified by the commissioner;

H. a detailed fee schedule showing the fees for submission of the reports required by this chapter, the method used to determine the fee schedule, the estimated costs of processing the aggregate data required by this chapter, and a statement that, to the extent possible, the fees will not exceed the costs of reviewing the reports and processing the aggregate data required by this chapter;

I. a detailed description of the procedures the applicant will use to process data and the associated completed reports in accordance with Minnesota Statutes, chapter 13; and

J. any other documentation or information considered necessary by the commissioner to satisfy a law or rule.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0160 Review of Application

Subpart 1. Commissioner's decision.

By May 15 of each year, the commissioner shall issue a decision regarding an unsolicited application from a voluntary, nonprofit reporting organization that the procedures for reporting and review proposed by the applicant are approved or disapproved. Within 45 days of the close of the application period specified in a request for applicants, the commissioner shall issue a decision regarding applications received in response to the request that the applicant and the applicant's proposed procedures for reporting and review are approved or disapproved. Approval by the commissioner is effective immediately.

Subp. 2. Disapproval.

The commissioner may disapprove any application on demonstration that the reporting and review procedures of a voluntary, nonprofit reporting organization are not substantially equivalent to those established by the commissioner or if the commissioner reasonably believes that the reporting and review procedures of a voluntary, nonprofit reporting organization are not likely to meet the deliverable dates established in the written operating requirements or specified in the request for proposals.

Subp. 3. Reapplication.

An organization whose application has been disapproved by the commissioner may submit a new or amended application to the commissioner within 15 calendar days after disapproval of the initial application.

Subp. 4. Oral presentation.

The commissioner may request an oral presentation from a voluntary, nonprofit reporting organization that has submitted an application under parts 4650.0154 to 4650.0158. The oral presentation must include the items in the application as described in part 4650.0158 and must address any questions the commissioner has about the application.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0162 [Repealed, L 1989 c 282 art 2 s 219 subd 1]

[Repealed, L 1989 c 282 art 2 s 219 subd 1]

Minn. R. 4650.0164 [Repealed, L 1989 c 282 art 2 s 219 subd 1]

[Repealed, L 1989 c 282 art 2 s 219 subd 1]

Minn. R. 4650.0166 Fees; Hospitals

Subpart 1. Fee required.

A hospital whose reports are reviewed by the commissioner rather than the voluntary, nonprofit reporting organization shall submit a fee to the commissioner with the reports. The base for calculating the fee is the sum of the nonoperating revenue plus the operating revenue reported by the hospital under part 4650.0112 for the accounting period immediately preceding the reporting year for which the fee is due.

Subp. 2. Fee determination.

The fee shall be determined as follows:

A. for a hospital with a base less than or equal to $12,000,000, the fee is $1,200;

B. for a hospital with a base greater than $12,000,000 but less than or equal to $40,000,000, the fee is equal to the base multiplied by 0.0001;

C. for a hospital with a base greater than $40,000,000 but less than or equal to $80,000,000, the fee is equal to $4,000 plus the amount of the base exceeding $40,000,000 multiplied by 0.00009;

D. for a hospital with a base greater than $80,000,000, the fee is equal to $7,600 plus the amount of the base exceeding $80,000,000 multiplied by 0.00008. The maximum fee shall not exceed $8,300;

E. for a hospital that was not in operation and did not file a report for the accounting period immediately preceding the reporting year for which the fee is due, the fee is $1,200; or

F. for a hospital that was in operation, but failed to file the report required under this chapter for the accounting period immediately preceding the reporting year for which the fee is due, the commissioner shall determine the amount of the fee after considering some or all of the following factors:

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0167 Fees; Outpatient Surgical Centers

An outpatient surgical center whose reports are reviewed by the commissioner rather than the voluntary, nonprofit reporting organization shall submit a fee of $200 to the commissioner with the reports.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 21 SR 1106

Minn. R. 4650.0168 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0170 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0172 [Repealed, 21 SR 1106]

[Repealed, 21 SR 1106]

Minn. R. 4650.0173 Fines

If a hospital, psychiatric hospital, specialized hospital, or outpatient surgical center does not comply with the requirements of this chapter and does not respond to requests from the commissioner and the voluntary, nonprofit reporting organization approved by the commissioner to comply with the requirements of this chapter, the commissioner shall charge the facility a fine in addition to the original submission fees. The fine is a base of $100 plus $10 per day until the facility complies with the requirements of this chapter. The fine shall not exceed $1,000.

History

Statutory Authority: MS s 62J.321; 144.56; 144.703
History: 21 SR 1106

Minn. R. 4650.0174 Suspension of Fees and Fines

The commissioner may suspend all or any portion of the submission fees and fines if a facility shows cause. In determining whether a facility has shown cause, the commissioner shall consider:

A. the inability of a facility to pay the fees or fines without directly affecting the rates charged to patients;

B. the occurrence of any emergency financial condition of a facility, including natural disasters or difficulties associated with completion of reports related to sickness or other absences of related facility employees or other administrative complications resulting in delay in the completion of reports; and

C. other factors which relate to the economic or administrative condition of a facility.

History

Statutory Authority: MS s 62J.321; 62J.35; 144.56; 144.703
History: L 1984 c 534 s 11; 9 SR 834; 19 SR 1419; 21 SR 1106

Minn. R. 4650.0176 [Repealed, 19 SR 1419]

[Repealed, 19 SR 1419]

Minn. R. 4650.0200 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0300 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0400 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0500 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0600 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0700 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0800 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.0900 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1000 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1100 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1200 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1300 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1400 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1500 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1600 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1700 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1800 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.1900 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2000 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2100 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2200 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2300 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2400 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2500 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2600 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2700 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2800 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.2900 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3000 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3100 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3200 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3300 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3400 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3500 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3600 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3700 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3800 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.3900 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4000 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4100 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4200 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4300 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4400 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4500 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4600 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4700 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4800 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.4900 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.5000 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.5100 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.5200 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Minn. R. 4650.5300 [Repealed, L 1984 c 534 s 11; 9 SR 834]

[Repealed, L 1984 c 534 s 11; 9 SR 834]

Chapter 4651 HEALTH CARE PROVIDER REPORTING

Minn. R. 4651.0100 Repealed by subpart

Subpart 1.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 2.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 3.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 4.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 5.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 6.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 7.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 8.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 9.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 10.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 11.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 12.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 13.

[Repealed, 20 SR 2405]

Subp. 14.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 15.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 16.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 16a.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 17.

[Repealed, 20 SR 2405]

Subp. 18.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 19.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 20.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 20a.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 21.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 22.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 23.

[Repealed, L 2011 1Sp9 art 2 s 29]

Minn. R. 4651.0110 Repealed by subpart

Subpart 1.

[Repealed, 20 SR 2405]

Subp. 2.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 2a.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 3.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 4.

[Repealed, L 2011 1Sp9 art 2 s 29]

Subp. 5.

[Repealed, L 2011 1Sp9 art 2 s 29]

Minn. R. 4651.0120 [Repealed, L 2011 1Sp9 art 2 s 29]

[Repealed, L 2011 1Sp9 art 2 s 29]

Minn. R. 4651.0130 [Repealed, L 2011 1Sp9 art 2 s 29]

[Repealed, L 2011 1Sp9 art 2 s 29]

Minn. R. 4651.0140 [Repealed, L 2011 1Sp9 art 2 s 29]

[Repealed, L 2011 1Sp9 art 2 s 29]

Minn. R. 4651.0150 [Repealed, L 2011 1Sp9 art 2 s 29]

[Repealed, L 2011 1Sp9 art 2 s 29]

Chapter 4652 HEALTH CARE GROUP PURCHASER REPORTING

Minn. R. 4652.0010 Incorporations by Reference

The ICD-9 diagnostic codes referenced in part 4652.0100, subparts 4 and 19, are contained in the fourth edition of the International Classification of Diseases, Clinical Modification, 9th Revision, 1994, and corresponding annual updates. This document is subject to annual revisions and is incorporated by reference. It is published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, and may be purchased through the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. It is available through the Minitex interlibrary loan system.

The CPT codes referenced in part 4652.0100, subparts 4 and 19, are contained in the Physician's Current Procedural Terminology, (CPT manual) 4th edition, 1993. It is subject to frequent change. It is published by and may be purchased from the American Medical Association, Order Department: OP054193, P.O. Box 10950, Chicago, Illinois 60610. It is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 62J.35
History: 19 SR 1515; L 2002 c 277 s 32

Minn. R. 4652.0100 Definitions

Subpart 1. Scope.

For the purposes of chapter 4652, the terms in this part have the meanings given them.

Subp. 1a. Administrative services fee revenue.

"Administrative services fee revenue" includes all revenue from fees related to health administrative services only contracts written for Minnesota residents. An administrative services only contract means a contract between a group purchaser and a third party, including a self-insured, under which the group purchaser provides claims administration and other services.

Subp. 2. Billing and enrollment expenses.

"Billing and enrollment expenses" means all costs associated with group and individual billing, member enrollment and premium collection and reconciliation functions. Billing and enrollment expenses includes costs for the collection and reconciliation of cash, group and membership setup and maintenance, contract, identification card, and directory preparation and issuance, electronic data interchange expenses pertaining to billing and enrollment, and enrollment materials. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to billing and enrollment expenses are: finance and information systems.

Subp. 3. Charitable contributions expenses.

"Charitable contributions expenses" means all costs related to contributions made for charitable purposes.

Subp. 4. Chemical dependency services expenses.

"Chemical dependency services expenses" means all costs related to inpatient and outpatient chemical dependency services that are coded using one or more of the following codes or amended equivalent codes:

A. ICD-9 diagnosis code ranges 303.00 to 305.92; and

B. CPT codes 90801, 90841, 90843, 90844, 90844.22, 90846, 90847, 90847.22, 90849, 90853, 98900, 98902, 98910, and 98912. Chemical dependency services expenses also means all costs related to inpatient and outpatient chemical dependency services that are coded using codes from another coding system where the commissioner determines that the codes indicate diagnoses or procedures comparable to or consistent with codes listed in items A and B. A group purchaser may use a nationally recognized standardized reporting system to capture costs for chemical dependency inpatient, outpatient, and other professional services. Chemical dependency services expenses does not include prescription drugs or supplies administered or dispensed which are billed directly through a hospital or health care provider.

Subp. 5. Claim processing expenses.

"Claim processing expenses" means all costs associated with the adjudication and adjustment of claims, coordination of benefits processing, maintenance of the claim system, printing of claim forms, claim audit function, electronic data interchange expenses pertaining to claim processing, and fraud investigation. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to claim processing expenses are: information systems and legal.

Subp. 6. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Health and authorized agents.

Subp. 7. Customer service expenses.

"Customer service expenses" means all costs associated with individual, group, or provider support relating to membership, open enrollment, grievance resolution, claim problems, and specialized phone services and equipment. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to customer service expenses are: information systems, finance, legal, and sales and marketing.

Subp. 8. Dental services expenses.

"Dental services expenses" means all professional and other costs provided under dental services contracts or riders.

Subp. 9. Durable medical goods expenses.

"Durable medical goods expenses" means all costs for such items as wheel chairs, eyewear, hearing aids, surgical appliances, bulk and cylinder oxygen, equipment rental, and other devices or equipment that can withstand repeated use.

Subp. 10. Emergency services expenses.

"Emergency services expenses" means all costs for medical care provided in the emergency room of a hospital. Emergency services expenses includes the room, board, and any services such as X-ray and laboratory services billed by the facility. Emergency services expenses does not include expenditures for physician services.

Subp. 11. General administration expenses.

"General administration expenses" means all costs not attributed or allocated to the categories of billing and enrollment, claim processing, customer service, product management and marketing, regulatory compliance and government relations, provider relations and contracting, quality assurance and utilization management, wellness and health education, research and product development, and charitable contributions. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to general administration expenses are: human resources, facility maintenance, payroll, general accounting, finance, executive, internal audit, treasury, actuarial, finance, information systems, office management and occupancy costs, general office supplies and equipment, legal, board, outside consulting services, membership fees in trade organizations, public relations, and mail room. General administration expenses does not include taxes and assessments.

Subp. 12. Group purchaser.

"Group purchaser" means a person or organization that purchases health care services on behalf of an identified group of persons, regardless of whether the costs of coverage or services is paid for by the purchaser or by the persons receiving coverage or services, as further defined in rules adopted by the commissioner. Group purchaser includes, but is not limited to, integrated service networks; community integrated service networks; health insurance companies, health maintenance organizations, nonprofit health service plan corporations, and other health plan companies; employee health plans offered by self-insured employers; trusts established in a collective bargaining agreement under the federal Labor-Management Relations Act of 1947, United States Code, title 29, section 141, et seq.; the Minnesota comprehensive health association; group health coverage offered by fraternal organizations, professional associations, or other organizations; state and federal health care programs; state and local public employee health plans; workers' compensation plans; and the medical component of automobile insurance coverage.

Subp. 13. Home health care expenses.

"Home health care expenses" means all costs for medical care services delivered in the home under the direction of a physician. Home health care expenses includes costs for noninpatient hospice care.

Subp. 14. Inpatient hospital services expenses.

"Inpatient hospital services expenses" means all costs for those services furnished by a hospital for inpatient services, including inpatient hospice care. Inpatient hospital services expenses does not include costs of mental health services and chemical dependency services.

Subp. 15. Insurance company.

"Insurance company" means an organization licensed under Minnesota Statutes, chapter 60A, to offer, sell, or issue a policy of accident and sickness insurance as defined in Minnesota Statutes, section 62A.01.

Subp. 16. Member.

"Member" means a person who has been enrolled as a subscriber or an eligible dependent of a subscriber for whom the group purchaser has accepted the responsibility for the provision of basic health services under a contract.

Subp. 17. Member liability.

"Member liability" means the total amount payable by the member for health care services. Member liability includes deductibles, coinsurance, copayments, and amounts beyond plan maximums.

Subp. 18. Member month.

"Member month" means the equivalent to one member for whom the group purchaser has recognized premium revenue for one month.

Subp. 19. Mental health services expenses.

"Mental health services expenses" means all costs related to inpatient and outpatient mental health services that are coded using one or more of the following codes or amended equivalent codes:

A. ICD-9 diagnosis code ranges 290 to 302.9 and 306 to 319; and

B. CPT codes: 90801, 90841, 90843, 90844, 90844.22, 90846, 90847, 90847.22, 90849, 90853, 98900, 98902, 98910, and 98912. Mental health services expenses also means all costs related to inpatient and outpatient mental health services that are coded using codes from another coding system where the commissioner determines that the codes indicate diagnoses or procedures comparable to or consistent with codes listed in items A and B. A group purchaser may use a nationally recognized standardized reporting system to capture costs for mental health inpatient, outpatient, and other professional services. Mental health services expenses does not include prescription drugs or supplies administered or dispensed which are billed directly through a hospital or health care provider.

Subp. 19a. Minimum premium plan revenue.

"Minimum premium plan revenue" means revenue from insurance plan policies written from Minnesota residents whereby an employer self-funds a fixed percentage of the estimated monthly claims and the insurer covers the remainder.

Subp. 20. MinnesotaCare tax expenses.

"MinnesotaCare tax expenses" means all payments made for the MinnesotaCare tax under Minnesota Statutes, sections 295.52 and 295.582.

Subp. 21. Minnesota resident.

"Minnesota resident" means a person who is listed on the records of the group purchaser as a member having a zip code within Minnesota. The group purchaser may use subscriber records if it does not have separate records for each member.

Subp. 22. Other health professional services expenses.

"Other health professional services expenses" means costs for all services provided by health professionals other than physicians and dentists, including chiropractors, therapists, social workers, nurse practitioners, and medical dental services. Other health professional services expenses does not include costs of mental health services and chemical dependency services.

Subp. 23. Other taxes and assessments expenses.

"Other taxes and assessments expenses" means all payments or amounts payable to government agencies except for the MinnesotaCare tax under Minnesota Statutes, section 295.52. Other taxes and assessments expenses does not include fees or fines paid to government agencies.

Subp. 24. Outpatient services expenses.

"Outpatient services expenses" means all costs for those services offered by a hospital which are furnished to ambulatory patients not requiring emergency care and for which there is not a room and board charge. Outpatient services expenses does not include costs of mental health services and chemical dependency services.

Subp. 24a. Patient services revenue.

"Patient services revenue" means fee-for-service revenue received for medical and dental services delivered to patients by clinics that are owned by the group purchaser.

Subp. 25. Pharmacy and other nondurable medical goods expenses.

"Pharmacy and other nondurable medical goods expenses" means all costs paid by the group purchaser to a pharmacist or medical supply company to provide pharmaceuticals and nonreusable supplies or pieces of equipment that are used to treat a health condition. Pharmacy and other nondurable medical goods expenses does not include the cost of pharmaceuticals and other nondurable medical goods administered or dispensed which are billed directly through a hospital or health care provider.

Subp. 26. Physician services expenses.

"Physician services expenses" means costs for all services provided by or under the supervision of licensed medical doctors and doctors of osteopathic medicine, including pharmaceuticals and supplies administered or dispensed from the physician's office and billed directly through the physician. Physician services expenses does not include costs of mental health services and chemical dependency services.

Subp. 27. Product management and marketing expenses.

"Product management and marketing expenses" means all costs associated with the management and marketing of current products, including costs relating to product promotion and advertising, sales, pricing, broker fees and commissions, internal commissions and commissions processing, marketing materials, account reporting, changes or additions to current products, and enrollee education regarding coverage. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to product management and marketing expenses are: information systems, underwriting, legal, finance, actuarial, public relations, and network management.

Subp. 28. Provider relations and contracting expenses.

"Provider relations and contracting expenses" means all costs associated with contract negotiation and preparation, monitoring of provider compliance, field training with providers, provider communication materials and bulletins, and administration of provider capitations and settlements. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to provider relations and contracting expenses are: finance, legal, accounting, actuarial, and information systems.

Subp. 29. Quality assurance and utilization management expenses.

"Quality assurance and utilization management expenses" means all costs associated with quality assurance, practice protocol development, utilization review, peer review, credentialing, outcomes analysis related to existing products, nurse triage, and other medical care evaluation activities. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to quality assurance and utilization management expenses are: information systems and legal.

Subp. 30. Regulatory compliance and government relations expenses.

"Regulatory compliance and government relations expenses" means all costs associated with federal and state reporting, rate filing, state and federal audits, tax accounting, lobbying, licensing and filing fees, and costs associated with the preparation and filing of all financial, utilization, statistical and quality reports, and administration of government programs. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to regulatory compliance and government relations expenses are: information systems, finance, actuarial, sales and marketing, underwriting, contract, legal, utilization management, quality assurance, and compliance.

Subp. 30a. Reinsurance assumed revenue.

"Reinsurance assumed revenue" means total revenue from reinsurance plan policies for Minnesota residents received by a group purchaser who writes the reinsurance plan policies. Reinsurance assumed revenue does not include payments received for reinsurance claims.

Subp. 31. Research and product development expenses.

"Research and product development expenses" means all costs associated with outcomes research, medical research programs, product design and development for products and programs not currently offered, and major systems development. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to research and product development expenses are: actuarial, information systems, marketing, finance, underwriting, and wellness programs.

Subp. 32. Skilled nursing facilities expenses.

"Skilled nursing facilities expenses" means all costs for those services furnished by a facility primarily engaged in providing skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services. Skilled nursing facilities expenses includes room and board incurred at skilled nursing facilities. Skilled nursing facilities expenses does not include costs of mental health services and chemical dependency services.

Subp. 33. Subscriber.

"Subscriber" means a person who has been enrolled with a group purchaser and for whom the group purchaser has accepted the responsibility for the provision of basic health services under a contract, where the contract is either directly between the person and the group purchaser or between the employer of the person and the group purchaser. The subscriber may or may not have dependents who are covered under the contract.

Subp. 34. Total premium revenue.

"Total premium revenue" means all premiums charged on all health insurance policies written for Minnesota residents, including the change in unearned premium from the previous year, minus refunds based on experience. Total premium revenue does not include minimum premium revenue, administrative services fee revenue, utilization review fee revenue, reinsurance assumed revenue, and patient services revenue.

Subp. 34a. Utilization review fee revenue.

"Utilization review fee revenue" means all revenue from fees not part of premium revenue related to health utilization review products written for Minnesota residents.

Subp. 35. Wellness and health education expenses.

"Wellness and health education expenses" means all costs associated with wellness and health promotion, disease prevention, member education and materials, provider education, and outreach services. Examples of traditional expense categories that a group purchaser may allocate in whole or in part to wellness and health education expenses are: marketing, medical services, and printing.

History

Statutory Authority: MS s 62J.321; 62J.35
History: 19 SR 1515; 20 SR 2185; L 1997 c 225 art 2 s 62; L 2016 c 119 s 7

Minn. R. 4652.0110 Group Purchaser Reporting

Subpart 1. Group purchasers must report; exceptions.

All group purchasers, except as noted in items A to D, shall file with the commissioner a financial and statistical report on forms or computer format provided or approved by the commissioner.

A. An insurance company, as defined in part 4652.0100, subpart 15, that collected less than $3,000,000 in total health premiums for Minnesota residents in the year prior to the year that the data is covering, may file a short report in lieu of filing a report that meets the requirements of part 4652.0120. The short report must be in writing, must state the amount that the group purchaser collected in total health premiums for Minnesota residents in the year prior to the year that the data is covering, and must provide the total number of members and subscribers covered at the end of the reporting period. For purposes of this item, "health premiums" means premiums for health and medical related coverages, excluding accidental death and dismemberment coverages, short-term disability coverages, long-term disability coverages, long-term care coverages, workers' compensation coverages, the medical component of automobile insurance coverages, and personal accident coverages.

B. A state agency that reports under Minnesota Statutes, section 62J.40, is not subject to the reporting requirements of chapter 4652.

C. An employee health plan offered by a self-insured employer or an employee organization is not subject to the reporting requirements of chapter 4652. However, those employee health plans are encouraged to comply with these reporting requirements.

D. A group purchaser is not subject to the reporting requirements of this chapter if the coverages the group purchaser writes are limited to one or more of the following: accidental death and dismemberment coverages, short-term disability coverages, long-term disability coverages, long-term care coverages, workers' compensation coverages, automobile insurance coverages, and personal accident coverages.

Subp. 2. Date for filing; reporting period.

The group purchaser shall file its report on or before April 1 of each year. The report must contain data for the preceding calendar year.

Subp. 3. Organizations operating more than one group purchaser.

Group purchasers that are affiliated may elect to file a combined report, if they have elected to meet a combined growth limit under Minnesota Statutes, section 62J.041. Affiliated group purchasers that file a combined report must include in the report the name of each affiliated group purchaser.

Subp. 4. Extensions.

The commissioner shall grant a group purchaser an extension to file the report when the commissioner determines that the group purchaser has shown reasonable cause. To apply for an extension, the group purchaser must provide the commissioner with a written request for an extension to file, specifying the reason or reasons for the requested extension, and the proposed date for filing the report. "Reasonable cause" means that the group purchaser can demonstrate that compliance with the reporting requirements imposes an unreasonable cost to the group purchaser, or that technical or unforeseen difficulties prevent compliance.

History

Statutory Authority: MS s 62J.321; 62J.35
History: 19 SR 1515; L 1995 c 234 art 3 s 9; 20 SR 2185

Minn. R. 4652.0120 Contents of Report

The report filed by a group purchaser must meet the requirements of items A to G. The information for each item must pertain to health and medical related coverages, excluding accidental death and dismemberment coverages, short-term disability coverages, long-term disability coverages, long-term care coverages, workers' compensation coverages, the medical component of automobile insurance coverages, and personal accident coverages.

A. The report must include total premium revenue and other revenue. "Other revenue" means, and must be specifically itemized into, the categories of minimum premium plan revenue, administrative services fee revenue, utilization review fee revenue, reinsurance assumed revenue, and patient services revenue. Each revenue category must separate commercial, Medicare, Medicare supplement, and other public programs amounts.

B. The report must include total expenses incurred by type of policy, including commercial, self-insured, Medicare, Medicare supplement, and other public programs. The report must separately list member liability for each policy category.

C. The report must include total expenses incurred by service category, including physician services, other health professional services, inpatient hospital services, outpatient services, skilled nursing facilities, home health care, emergency services, pharmacy and other nondurable medical goods, durable medical goods, chemical dependency services and mental health services, dental services, and total indirect health care expenses. Each service category must be itemized by type of policy as specified in item B. For coverages designed solely to provide payments on a per diem, fixed indemnity, or non-expense-incurred basis, the report may list total expenses rather than itemizing the expenses for these coverages by service category.

D. The report must include total member liability, or its actuarial estimate, for all covered persons.

E. The report must include total indirect health care expenses by the following categories: billing and enrollment; claim processing; customer service; product management and marketing; regulatory compliance and government relations; provider relations and contracting; quality assurance and utilization management; wellness and health education; research and product development; charitable contributions; general administration; MinnesotaCare taxes; and all other taxes and assessments. The information required for this report may be estimated from existing accounting methods with allocation to specific categories.

F. The report must include the total number of members and subscribers, as of the end of the reporting period, by type of policy, including family policies and individual policies and member months for the reporting period. Member months must be totaled for the calendar year of the report. This information must be reported separately for medical and dental contracts. Each category must be itemized by commercial, self-insured, Medicare, Medicare supplement, and other public programs. Group purchasers that do not maintain member information may submit actuarial estimates of total number of members covered under all health policies.

G. The report must include a statement that the revenue and expense amounts reported under items A and B reconcile to audited financial statements. A group purchaser that does more than 80 percent of its business in Minnesota shall reference the appropriate entries from its audited financial statements and shall do so either by using the audited financial statements for its entire health care business or by separating its experience for Minnesota residents. The group purchaser's choice of method must be consistent from year to year. A group purchaser that does 80 percent or less of its business in Minnesota shall have an actuary or financial officer certify that the amounts reported reconcile to the audited financial statement in a manner consistent with prior reporting years and shall include an accounting or actuarial memorandum describing the methods used to identify and separate Minnesota data.

History

Statutory Authority: MS s 62J.321; 62J.35
History: 19 SR 1515; 20 SR 2185

Minn. R. 4652.0130 Review of Reports

Subpart 1. Record complete.

No report required by this chapter is considered to be filed until the commissioner has determined that the report is complete. "Complete" means that the report contains adequate and appropriate data for the commissioner to begin the review and is in a form determined to be acceptable by the commissioner according to chapter 4652.

Subp. 2. Review by commissioner.

The commissioner shall review each report required by chapter 4652 in order to ascertain that the report is complete. If the report is found to be complete or if the commissioner has not notified the group purchaser within 60 days of receiving the report that the report is incomplete, then the report is deemed to be filed as of the day it was received.

Subp. 3. Incomplete report.

A report determined by the commissioner to be incomplete must be returned to the group purchaser with a statement describing the report's deficiencies. The group purchaser must resubmit an amended report to the commissioner. If the report is resubmitted within 30 days and is determined to be complete by the commissioner, then it shall be deemed to be filed as of the day it was first received by the commissioner.

Subp. 4. Amending reports.

If a group purchaser discovers a material error in its statements or calculations in any of its submitted reports ascertained by the commissioner to be complete, the group purchaser shall immediately inform the commissioner of the error and, within a reasonable time, submit a written amendment to the report. Submission of an amendment under this subpart does not affect the date of filing.

Subp. 5. Error in reports.

If the commissioner discovers a material error in the statements or calculations in a report, the commissioner shall require the group purchaser to amend and resubmit the report by a date determined by the commissioner.

History

Statutory Authority: MS s 62J.35
History: 19 SR 1515

Minn. R. 4652.0140 Variances

Subpart 1. Data from other sources.

On a request by a group purchaser or on the commissioner's own initiative, the commissioner shall determine whether to use data from other sources instead of collecting data required by this chapter. To make this determination, the commissioner shall consider whether:

A. the data from other sources are duplicative of data required under this chapter;

B. the data from other sources are available at a reasonable cost;

C. the commissioner has the resources readily available to use the data from other sources; and

D. the commissioner will be able to use the data from other sources to meet all statutory data collection, analysis, and privacy requirements.

Subp. 2. Aggregate reporting for systems.

An organization operating a group purchaser which is part of a system of group purchasers, hospitals, or clinics may request to report to the commissioner for all components of the system as an aggregate. If the commissioner determines that the commissioner will be able to use the data from the system as an aggregate to meet all statutory data collection, analysis, and privacy requirements, then the commissioner shall grant the request.

History

Statutory Authority: MS s 62J.321
History: 20 SR 2185

Chapter 4653 HEALTH CARE CLAIMS REPORTING SYSTEM

Minn. R. 4653.0100 Definitions

Subpart 1. Scope.

The terms used in parts 4653.0200 to 4653.0600 have the meanings given them in this part.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of health.

Subp. 3. Complete submission.

"Complete submission" means data submitted to the data processor by a data submitter that the data processor has determined to contain the required data meeting the required threshold in a format that allows further review and verification of the accuracy of the data.

Subp. 4. Covered individual.

"Covered individual" means a natural person who is a resident of Minnesota and is eligible to receive health care benefits under any policy, contract, certificate, evidence of coverage, rider, binder, or endorsement that provides for or describes health care coverage with the exception of coverage that is explicitly excluded from the definition of a health plan in Minnesota Statutes, section 62A.011, subdivision 3, clauses (1) to (9) and (11).

Subp. 5. Data element.

"Data element" means the smallest named unit of information in a transaction.

Subp. 6. Data element characteristic.

"Data element characteristic" means an attribute of a data element required to be submitted for enrollment data and health care claims data: element number, element name, encrypt, type, max len, description, threshold, and reference standard.

Subp. 7. Data processor.

"Data processor" means the private entity selected by the commissioner to collect and process health care claims.

Subp. 8. Data submitter.

"Data submitter" means a health plan company or third-party administrator that has covered individuals and that paid a total of at least $3,000,000 in health care claims for covered individuals during the previous calendar year, or a pharmacy benefit manager that has covered individuals and that paid at least $300,000 in claims for covered individuals during the previous calendar year. In calculating its paid claims, each data submitter must include all health care claims for covered individuals processed by any subcontractor on its behalf.

Subp. 9. Enrollment data.

"Enrollment data" means demographic information and other information relating to all covered individuals eligible to receive health care benefits.

Subp. 10. Health care claims data.

"Health care claims data" means information included in an institutional, professional, or pharmacy drug claim or equivalent encounter information transaction for a covered individual that is required under Minnesota Statutes, section 62J.536.

Subp. 11. Health plan company.

"Health plan company" has the meaning given in Minnesota Statutes, section 62U.01, subdivision 8.

Subp. 12. Material error.

"Material error" means omission of records or of data within records, or submission of inaccurate information that is of sufficient magnitude to cause the results of analysis performed with the data to be inaccurate or biased.

Subp. 13. Minnesota resident.

"Minnesota resident" means a natural person for whom the data submitter has identified a Minnesota address as the individual's primary place of residence.

Subp. 14. Pharmacy benefit manager.

"Pharmacy benefit manager" means a third-party administrator under contract to administer drug benefit programs for self-insurance or health insurance plans.

Subp. 15. Pricing data.

"Pricing data" means the amount paid by a data submitter to a provider on a claim plus any amount owed by the covered individual, including prepayment, deductible, coinsurance, or co-payment.

Subp. 16. Provider or health care provider.

"Provider" or "health care provider" has the meaning given in Minnesota Statutes, section 62J.03, subdivision 8.

Subp. 17. Subcontractor.

"Subcontractor" means an individual or entity that performs on behalf of a health care company or third-party administrator any function or activity involving enrollment data or health care claims data, and is not a part of the health care company's or third party administrator's workforce.

Subp. 18. Third-party administrator.

"Third-party administrator" means a vendor of risk-management services or an entity administering a self-insurance or health insurance plan as defined in Minnesota Statutes, section 60A.23, subdivision 8.

Subp. 19. Threshold.

"Threshold" means the required completeness percentage for a particular data element.

History

Statutory Authority: MS s 62U.04; 62U.06
History: 34 SR 10

Minn. R. 4653.0200 Data Collected

A. All health plan companies and third-party administrators must register with the data processor no later than June 15, 2009, and April 1 of each subsequent year. For the purposes of identifying data submitters, minimizing administrative burden, and assessing data completeness, all health plan companies and third-party administrators must submit the dollar amount of paid health care claims for covered individuals during the previous calendar year according to the instructions in Appendix D. The appendix is incorporated by reference in part 4653.0600.

B. Data submitters are responsible for submission of the following data for each covered individual, including health care claims processed by any subcontractor on the data submitter's behalf.

History

Statutory Authority: MS s 62U.04; 62U.06
History: 34 SR 10

Minn. R. 4653.0300 Data Submission Requirements

Subpart 1. Duties of data submitters.

To support the collection of the data described in part 4653.0200, a data submitter must:

A. submit the data described in part 4653.0200 to the data processor in electronic format using the submission, file layouts, record formats, coding specifications, and authentication and de-identification specifications in Appendix D; and

B. report to the data processor any significant discrepancies in the data with respect to consistency, completeness, accuracy, or any other issue that may affect further review and verification of the accuracy of the data.

Subp. 2. Submission schedule.

Health plan companies, third-party administrators, and pharmacy benefit managers that meet the definition of data submitter in part 4653.0100, subpart 8, on December 31, 2008, must submit the required data on or before July 1, 2009, and at least once every six months thereafter. Health plan companies, third-party administrators, and pharmacy benefit managers that meet the definition of data submitter in part 4653.0100, subpart 8, on December 31 of any year subsequent to 2008 must submit the required data on or before July 1 of the following year and at least once every six months thereafter. Data submitters may submit the required data more frequently than every six months, but no more frequently than monthly.

A. The first submission by a data submitter must be made on or before July 1 and must consist of enrollment data and data from all claims paid from January 1 of the previous year through March 31 of the current year, according to the specifications in Appendix D, to allow for testing of the compatibility of the data submitter's submissions with the data processor's system.

B. Data submitters' subsequent data submissions, following the first submission, must consist of enrollment data and data from all claims paid since the last submission through at least the last day of the quarter prior to the month of submission, according to the specifications in Appendix D. For purposes of this item, a quarter ends on the last day of March, June, September, and December.

Subp. 3. Code sources.

Data submitters must use the code sources in Appendix D in association with the submission of member enrollment files, institutional and professional health care claims data, and pharmacy drug claims data.

Subp. 4. Complete submissions.

A. The data processor will notify a data submitter of receipt of a data transmission within two business days of a data submission. Within 30 calendar days after receipt of the data submission, the data processor will notify the data submitter whether the data qualifies as a complete submission.

B. If the data processor notifies a data submitter that a data submission is incomplete, it will include in the notification a statement describing why the data is incomplete. The data submitter must resubmit the complete data or request an extension or reconsideration within ten business days after the data submitter receives the notification.

Subp. 5. Material error.

A. If the data processor notifies a data submitter of a material error in a complete submission, the data submitter must file a corrected submission or request an extension reconsideration within 30 days.

B. If a data submitter discovers a material error in a complete submission in any of its data submissions that have been ascertained by the data processor to be complete, the data submitter must immediately inform the data processor of the error and, within 30 days, file a corrected submission. Submission of an amendment under this item does not affect the date of filing.

Subp. 6. Dispute resolution.

If a data submitter disagrees with the data processor's determination that a submission is incomplete or that it contains a material error, the data submitter may submit a written request for reconsideration to the data processor within ten days, stating its reasons that the submission should be considered complete or why it does not contain a material error. If the data processor denies the request, the data submitter may submit a written request for reconsideration to the commissioner within ten days after receiving the data processor's written denial. The commissioner's decision shall be final.

Subp. 7. Discontinuance of data submission.

A data submitter may discontinue submitting health care claims data if it pays less than $1,000,000 in health care claims for covered individuals for each of two consecutive calendar years, except that a pharmacy benefit manager may discontinue submitting health care claims data if it pays less than $100,000 in health care claims for covered individuals for each of two consecutive calendar years. The data submitter must provide three months' written notice to the commissioner before it discontinues reporting.

History

Statutory Authority: MS s 62U.04; 62U.06
History: 34 SR 10

Minn. R. 4653.0500 Individual Variances

A. The commissioner must grant a variance to a data submitter with respect to submission of a specific data element or submission specification if the data submitter demonstrates good cause. To request a variance, a data submitter must submit a petition, according to Minnesota Statutes, section 14.056, and demonstrate that it meets the criteria in subitems (1) to (3):

B. The commissioner must grant a variance to a data submitter with respect to a threshold for one year if the data submitter demonstrates good cause. To request a variance, the data submitter must submit a petition stating the reason it is unable to meet the standard threshold, the proposed threshold, and the basis for the proposed threshold.

History

Statutory Authority: MS s 62U.04; 62U.06
History: 34 SR 10

Minn. R. 4653.0600 Incorporation by Reference

"Minnesota Health Care Claims Reporting System: Appendices to Minnesota Administrative Rules, Chapter 4653," issued by the Minnesota Department of Health, May 2009, is incorporated by reference. It is available through the Minitex interlibrary loan system and the Minnesota Department of Health website at http://www.health.state.mn.us/healthreform/encounterdata. They are not subject to frequent change.

History

Statutory Authority: MS s 62U.04; 62U.06
History: 34 SR 10

Chapter 4654 HEALTH CARE QUALITY MEASURES

Minn. R. 4654.0100 Applicability

This chapter applies to all providers who are required to submit standardized information on quality measures associated with patient care under Minnesota Statutes, section 62U.02, and all health plan companies that collect data related to quality measures from providers.

History

Statutory Authority: MS s 62U.02
History: 34 SR 905

Minn. R. 4654.0200 Definitions

Subpart 1. Scope.

For purposes of this chapter, the following terms have the meanings given them in this part.

Subp. 2. Administrative data.

"Administrative data" means information contained on a health care claim or equivalent encounter transaction provided by a provider to a health plan company or third-party administrator.

Subp. 2a. Ambulatory surgical center.

"Ambulatory surgical center" is an outpatient surgical center and has the meaning given in Minnesota Statutes, section 144.55, subdivision 2a, and is also certified under the Medicare program.

Subp. 3. Applicable quality measure.

"Applicable quality measure" means a quality measure that pertains to a service provided by a physician clinic, hospital, or ambulatory surgical center.

Subp. 4. Clinical staff.

"Clinical staff" means physicians, advanced practice registered nurses, and physician assistants.

Subp. 5. Commissioner.

"Commissioner" means the commissioner of health.

Subp. 6. Complete submission.

"Complete submission" means quality measures that a data submitter has submitted to the commissioner or commissioner's designee containing the required quality measures in a format that allows for further review and verification of the data's accuracy.

Subp. 7. Data submitter.

"Data submitter" means a physician clinic, hospital, or ambulatory surgical center.

Subp. 8. Health plan company.

"Health plan company" has the meaning given in Minnesota Statutes, section 62U.01, subdivision 8.

Subp. 9. Hospital.

"Hospital" means any entity licensed under Minnesota Statutes, section 144.50, subdivision 2.

Subp. 10. Material error.

"Material error" means omission of data or submission of inaccurate information that significantly changes the results of the analysis of quality measures.

Subp. 11.

[Renumbered Subp. 2a]

Subp. 12. Payer mix.

"Payer mix" means the distribution of insurance coverage for a provider's patient population including private insurance, Medicare, state public programs, self-pay, and uninsured.

Subp. 13. Physician clinic.

"Physician clinic" means any location where primary or specialty care ambulatory services are provided for a fee by one or more physicians in the state of Minnesota. Physician clinic includes ambulatory surgical centers and hospital-based outpatient locations that provide primary or specialty care ambulatory services for a fee. With the exception of ambulatory surgical centers, multiple clinic locations may be considered a single physician clinic when the multiple locations have common ownership and a majority of common clinical staff working across the multiple locations, and the total clinical staff across all locations is no greater than 20 full-time equivalent employees.

Subp. 14. Provider or health care provider.

"Provider" or "health care provider" has the meaning in Minnesota Statutes, section 62U.01, subdivision 10.

Subp. 15. Publicly reported measure.

"Publicly reported measure" means a standardized quality measure established by the commissioner that is stated in Appendix A, B, or C, which is incorporated by reference in part 4654.0800.

Subp. 16. Quality measure.

"Quality measure" means a specific qualitative or quantitative indicator that measures health outcomes, processes, structures, or patient experience, access, or safety, or other desirable results for a defined population of patients. Quality measure does not include information:

A. associated with assessing medical necessity for an individual patient;

B. used to determine medical appropriateness of treatment for a particular patient;

C. related to patient safety or adverse health events for an individual patient;

D. related to a health care provider's qualifications or scope of practice; or

E. necessary to detect and prevent fraud and abuse in the billing and payment of services.

Subp. 17. Risk adjustment.

"Risk adjustment" means a process that adjusts the analysis of quality measurement by accounting for those patient-population characteristics that may independently affect results of a given measure and are not randomly distributed across all providers submitting quality measures. Risk adjustment characteristics include, for example, severity of illness, patient demographics, or payer mix.

Subp. 18. Standardized electronic information.

"Standardized electronic information" means the specific required data format as described in Appendix E, which is incorporated by reference in part 4654.0800.

Subp. 19. Standardized quality measure.

"Standardized quality measure" means:

A. any measure listed in Appendix A, B, C, or D, which is incorporated by reference in part 4654.0800;

B. any measure required to be reported under Minnesota Statutes, section 62U.03, subdivision 7, paragraph (a), or 62U.05;

C. any quality measure that a health plan company or provider is required to collect or report by the Minnesota Department of Human Services;

D. any structural quality measure; or

E. any quality measure that a health plan company is required to collect or report by federal or state law or regulation.

Subp. 20. Structural quality measure.

"Structural quality measure" means a measure of provider capacity, scope of services, or feature of the setting in which care is delivered that is independent of the care delivered to any individual patient.

Subp. 21. Third-party administrator.

"Third-party administrator" means a vendor of risk management services or an entity administering a self-insurance or health insurance plan as defined in Minnesota Statutes, section 60A.23, subdivision 8.

Subp. 22. Urgent care center.

"Urgent care center" means a medical facility where ambulatory patients can walk in without an appointment and receive services required to treat an illness or injury that would not result in further disability or death if not treated immediately, but requires professional attention and that has the potential to develop such a threat if treatment is delayed. Urgent care center does not include physician clinics offering extended hours for patient care.

History

Statutory Authority: MS s 62U.02; 62U.06
History: 34 SR 905; 35 SR 802; 36 SR 615; 37 SR 747

Minn. R. 4654.0300 Provider Submission Requirements

Subpart 1. Physician clinics.

A. Each physician clinic, except ambulatory surgical centers, must register annually with the commissioner or commissioner's designee beginning January 1, 2010, as specified in Appendix E.

B. Each physician clinic, except ambulatory surgical centers, must submit to the commissioner or commissioner's designee data required to calculate the applicable quality measures, including the data necessary to perform risk adjustment for each applicable quality measure in Appendix A, which is incorporated by reference in part 4654.0800, according to the schedule for each measure in Appendix A for all health care services provided by the physician clinic. The physician clinic must submit the data using the standardized electronic format and procedures specified in Appendix E, which is incorporated by reference in part 4654.0800.

C. Each physician clinic with an electronic medical record in place for an entire measurement period must report on a full population basis in the subsequent reporting cycle.

D. If less than ten percent of a physician clinic's population is age 18 or older, that physician clinic is exempt from reporting on quality measures in Appendix A applicable to patients age 18 or older.

Subp. 2. Hospitals.

A. Each hospital must submit to the commissioner or commissioner's designee data required to calculate the applicable quality measures, including the data necessary to perform risk adjustment for each applicable quality measure in Appendix B, which is incorporated by reference in part 4654.0800, according to the schedule for each measure in Appendix B for all relevant health care services provided by the hospital. The hospital must submit the data using the standardized electronic format and procedures specified in Appendix E, which is incorporated by reference in part 4654.0800.

B. If less than ten percent of a hospital's patient population is age 18 or older, that hospital is exempt from reporting on quality measures in Appendix B applicable to patients age 18 or older.

Subp. 3.

[Repealed, 39 SR 1046]

Subp. 4. Provider subcontractors.

The commissioner or commissioner's designee will accept data submitted on behalf of a provider by a single subcontractor.

History

Statutory Authority: MS s 62U.02; 62U.06
History: 34 SR 905; 35 SR 802; 38 SR 848; 39 SR 1046

Minn. R. 4654.0400 Data Validation Procedures

Subpart 1. Complete submissions.

A. The commissioner or commissioner's designee must notify a data submitter of a data transmission receipt within two business days of a data submission. Within 30 days after receipt of the data transmission, the commissioner or the commissioner's designee must notify the data submitter whether the data qualifies as a complete submission.

B. If a data submitter receives notice that a data submission is incomplete, the commissioner or commissioner's designee must state in the notice why the data submission is incomplete. The data submitter must resubmit the complete data or request an extension or reconsideration within ten business days after the data submitter receives the notice.

Subp. 2. Material error.

A. If the commissioner or commissioner's designee notifies a data submitter of a material error in a complete submission, the data submitter must file a corrected submission or request an extension or reconsideration within ten business days.

B. If a data submitter discovers a material error in a complete submission, the data submitter must immediately inform the commissioner or commissioner's designee of the error and, within 15 business days, file a corrected submission.

Subp. 3. Dispute resolution.

If a data submitter disagrees with the commissioner or commissioner's designee's determination that a submission is incomplete or that it contains a material error, the data submitter may submit a written request for reconsideration to the commissioner within ten business days, stating its reasons that the submission should be considered complete or why it does not contain a material error. The commissioner's decision on the request for reconsideration is final.

Subp. 4. Cooperation with data validation procedures.

Data submitters must cooperate with the commissioner or the commissioner's designee in carrying out data validation by doing the following:

A. attest to the accuracy of data submissions;

B. respond to data validation requests by the commissioner or the commissioner's designee; and

C. document calculation of all applicable measures and maintain the record for two years.

History

Statutory Authority: MS s 62U.02
History: 34 SR 905

Minn. R. 4654.0500 Measurement Development and Review Process

Subpart 1. Review process.

The commissioner must review the standardized quality measures contained in "Minnesota Statewide Quality Reporting and Measurement System: Appendices to Minnesota Administrative Rules, chapter 4654," in part 4654.0800, and propose additions, deletions, or modifications by August 15 of each year. If the commissioner determines that a standardized quality measure should be added, deleted, or modified, the commissioner will use the expedited rulemaking process under Minnesota Statutes, section 14.389.

Subp. 2. Recommendation process.

The commissioner shall consider recommendations for addition, removal, or modification of standardized quality measures that are submitted by June 1 of each year. To the extent practicable, recommendations must address how addition, removal, or modification of a quality measure relates to one or more of the following criteria:

A. the magnitude of the individual and societal burden imposed by the clinical condition being measured by the quality measure, including disability, mortality, and economic costs;

B. the extent of the gap between current practices and evidence-based practices for the clinical condition being measured by the quality measure, and the likelihood that the gap can be closed and conditions improved through changes in clinical processes;

C. the relevance of the quality measure to a broad range of individuals with regard to:

D. the extent to which the quality measure has either been developed or accepted, or approved through a national consensus effort;

E. the extent to which the results of the quality measure are likely to demonstrate a wide degree of variation across providers; and

F. the extent to which the quality measure is valid and reliable.

History

Statutory Authority: MS s 62U.02
History: 34 SR 905

Minn. R. 4654.0600 Use of Quality Measures by Health Plan Companies

Subpart 1. Required quality measures.

A health plan company may not require providers to use or report quality measures that are not standardized quality measures. Health plan companies and providers may voluntarily use and report quality measures that are not standardized quality measures. In addition, a health plan company may do the following:

A. derive quality measures from any data source not submitted to the health plan company by a provider; and

B. derive quality measures from administrative data.

Subp. 2. Required use or report of quality measures.

For purposes of this part, requiring a provider to use or report a quality measure means contractually mandating, as a nonnegotiable condition of conducting business with a health plan company, that a provider use or report a specific quality measure.

History

Statutory Authority: MS s 62U.02
History: 34 SR 905

Minn. R. 4654.0700 Variances

The commissioner may grant a variance to a data submitter for a reported quality measure collection or submission specification if the data submitter demonstrates good cause. To request a variance, a data submitter must submit a petition, according to the requirements of Minnesota Statutes, section 14.056, and demonstrate that it meets the following criteria:

A. failure to grant the variance would result in hardship or injustice to the data submitter;

B. the variance is consistent with the public interest, including patient safety; and

C. the variance does not prejudice the substantial legal or economic rights of any person or entity.

History

Statutory Authority: MS s 62U.02
History: 34 SR 905

Minn. R. 4654.0800 Incorporation by Reference

"Minnesota Statewide Quality Reporting and Measurement System: Appendices to Minnesota Administrative Rules, Chapter 4654," issued by the Minnesota Department of Health, December 2017, is incorporated by reference. It is available through the Minitex interlibrary loan system and the Minnesota Department of Health's Health Care Quality Measures website at https://www.health.state.mn.us/data/hcquality/index.html. They are not subject to frequent change.

History

Statutory Authority: MS s 14.389; 62U.02; 62U.06
History: 34 SR 905; 35 SR 802; 36 SR 615; 37 SR 747; 38 SR 848; 39 SR 1046; 40 SR 781; 41 SR 781; 42 SR 865

Chapter 4655 BOARDING CARE HOMES

Minn. R. 4655.0090 Scope

This chapter applies to boarding care homes unless the content clearly indicates otherwise.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08; 256B.431
History: 19 SR 1803; 20 SR 303; 21 SR 196

Minn. R. 4655.0100 Definitions

Subpart 1. Ambulatory.

"Ambulatory" shall mean a patient or resident who is physically and mentally capable of getting in or out of bed and walking a normal path to safety, including the ascent and descent of stairs in a reasonable period of time without the aid of another person.

Subp. 2. Department.

The term "department" shall mean the Minnesota Department of Health.

Subp. 3. Boarding care home.

A "boarding care home" shall mean a licensed facility or unit used to provide care for aged or infirm persons who require only personal or custodial care and related services in accordance with these regulations. A boarding care home license is required if the persons need or receive personal or custodial care only. Nursing services are not required. Examples of personal or custodial care: board, room, laundry, and personal services; supervision over medications which can be safely self-administered; plus a program of activities and supervision required by persons who are not capable of properly caring for themselves.

Subp. 4.

[Repealed, 21 SR 196]

Subp. 5. Existing facility.

"Existing facility" shall mean a nursing home or a boarding care home licensed prior to the effective date of these rules. It shall also mean a nursing home or boarding care home or addition under construction or for which final working drawings and specifications have been approved not more than one year prior to the effective date of these rules.

Subp. 6. Licensed nurse.

A "licensed nurse" shall mean a registered nurse or a licensed practical nurse.

Subp. 7. Licensee.

The "licensee" is the person or governing body to whom the license is issued. The licensee is held responsible for compliance with the applicable rules herein.

Subp. 8.

[Repealed, 21 SR 196]

Subp. 9. Nursing personnel.

The term "nursing personnel" shall include registered nurses, licensed practical nurses, nurse aides, and orderlies.

Subp. 10.

[Repealed, 21 SR 196]

Subp. 11. Resident.

A "resident" is any individual cared for in a boarding care home.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 21 SR 196

Minn. R. 4655.0110 Foreword

These regulations will serve as the basis for licensing nursing homes and boarding care homes in accordance with the state law for licensing hospitals and related institutions, Minnesota Statutes, sections 144.50 to 144.58.

Federal programs under the Social Security Act, as amended require certification of facilities which will be participating. All facilities must be licensed by the state prior to certification and must also meet any additional requirements as established by such certification standards.

The purpose of the licensing law and these regulations is to protect the public health through the development and enforcement of minimum requirements for the care of patients and residents in convalescent or long-term care facilities. Moreover, these regulations serve an educational purpose in providing guidelines for quality patient and residential care.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0300 Licensing in General

Subpart 1. Required.

For the purpose of these rules, a state license is required for any facility where nursing, personal, or custodial care is provided for five or more aged or infirm persons who are not acutely ill.

Subp. 2. License fees.

Each application for either an initial or renewal license to operate a nursing home or boarding care home shall be accompanied by a fee based upon the formula established in part 4735.0200. A bed must be licensed if it is available for use by patients or residents. If the number of licensed beds is increased during the term of the license, $12 for each additional bed shall be paid. There shall be no refund for a decrease in licensed beds.

Subp. 3. License expiration date.

Initial and renewal licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. License renewals shall be applied for on an annual basis. Applications for license renewals shall be submitted no later than December 31 of the year preceding the year for which application is made. Any application for an initial license submitted after November 1 shall be considered as an application for the following year; provided, however, that a license may be issued and be effective prior to January 1 of the year for which application is made without payment of fees for two years.

Subp. 4. License to be posted.

The license shall be conspicuously posted in an area where patients or residents are admitted.

Subp. 5. Separate licenses.

Separate licenses shall be required for institutions maintained on separate premises even though operated under the same management. A separate license shall not be required for separate buildings maintained by the same owner on the same premises.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0310 Procedure for Licensing of Boarding Care Homes

Application for a license to establish or maintain a boarding care home shall be made in writing and submitted on forms provided by the department. If the applicant is a corporation, the officers shall furnish the department a copy of the articles of incorporation and bylaws and any amendments thereto as they occur. In addition, out-of-state corporations shall furnish the department with a copy of the certificate of authority to do business in Minnesota. No license shall be issued until all final inspections and clearances pertinent to applicable laws and regulations have been complied with.

History

Statutory Authority: MS s 144.56

Minn. R. 4655.0320 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.0400 Types of Patients or Residents Not to Be Received

Subpart 1. Admittance of certain adults.

Maternity patients, disturbed mental patients (see part 4655.6600), and patients or residents, who in the opinion of the attending physician have or are suspected of having a disease endangering other patients or residents shall not be admitted to or retained in either a nursing home or a boarding care home.

Subp. 2. Admittance of children.

A nursing home or a boarding care home for adults shall not receive either sick children or well children for care. For the purpose of these rules, children are defined as persons under 16 years of age.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0500 Capacity Prescribed

Each license shall specify the maximum allowable number of patients or residents to be cared for at any one time. No greater number of patients or residents shall be kept than is authorized by the license.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0600 Home Not to Be Misrepresented

A nursing home or a boarding care home shall not use in its title the words of description: "Hospital," "Sanitorium," "Rehabilitation Facility," "Rehabilitation Center," or any other words which indicate that a type of care or service is provided which is not covered by the license.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0700 No Discrimination

There shall be no discrimination with respect to patients or residents, employees, or staff on the ground of race, color, or national origin.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0800 Preliminary Planning

Contact shall be made with the department to discuss the proposed program, location, staffing requirements, and other pertinent aspects prior to planning a new care facility or purchasing or leasing an existing care facility.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.0900 Evaluation

Facilities shall be subject to evaluation and approval of the physical plant and its operational aspects prior to a change in ownership, classification, capacity, or services.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1000 Variance and Waivers

A nursing home or boarding care home may request that the department grant a variance or waiver from the provisions of these rules. All requests for a variance or waiver shall be submitted to the department in writing. Each request shall contain the following information:

A. the specific rule or rules for which the variance or waiver is requested;

B. the reasons for the request;

C. the alternative measures that will be taken if a variance or waiver is granted;

D. the length of time for which the variance or waiver is requested; and

E. such other relevant information necessary to properly evaluate the request for the variance or waiver.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1010 Criteria for Evaluation

The decision to grant or deny a variance or waiver shall be based on the department's evaluation of the following criteria:

A. the variance or waiver will not adversely affect the health, treatment, comfort, safety, or well-being of a patient or resident;

B. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rules; and

C. compliance with the rule or rules would impose an undue burden upon the applicant.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1020 Notification of Variance

The applicant shall be notified in writing of the department's decision. If a variance or waiver is granted, the notification shall specify the period of time for which the variance or waiver will be effective and the alternative measures or conditions, if any, to be met by the applicant.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1030 Effect of Alternative Measures or Conditions

All alternative measures or conditions attached to a variance or waiver shall have the force and effect of the licensure rule(s) and shall be subject to the issuance of correction orders and penalty assessments in accordance with the provisions of Minnesota Statutes, sections 144.653 and 144A.10. The period of time for correction and the amount of fines specified for the particular rule for which the variance or waiver was requested, shall apply.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1040 Renewal

Any request for the renewal of a variance or waiver shall be submitted in writing prior to its expiration date. Renewal requests shall contain the information specified in part 4655.1000. A variance or waiver shall be renewed by the department if the applicant continues to satisfy the criteria contained in parts 4655.1010 and 4655.1020 and demonstrates compliance with the alternative measures or conditions imposed at the time the original variance or waiver was granted.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1050 Denial, Revocation, or Refusal to Renew

The department shall deny, revoke, or refuse to renew a variance or waiver if it is determined that the criteria specified in parts 4655.1010 and 4655.1020 are not met. The applicant shall be notified in writing of the decision to deny, revoke, or refuse to renew the variance or waiver, informed of the reasons for the denial, revocation, or refusal to renew, and informed of the right to appeal this decision.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1060 Appeal Procedure

An applicant may contest the denial, revocation, or refusal to renew a variance or waiver by requesting a contested case hearing under the provisions of the Administrative Procedure Act, Minnesota Statutes, chapter 14. The applicant shall submit, within 15 days of the receipt of the department's decision, a written request for a hearing. The request for hearing shall set forth in detail the reasons why the applicant contends the decision of the department should be reversed or modified. At the hearing, the applicant shall have the burden of proving that it satisfied the criteria specified in parts 4655.1010 and 4655.1020, except in a proceeding challenging the revocation of a variance or waiver.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1070 Definitions

Subpart 1. Scope.

For the purposes of parts 4655.1070 to 4655.1098, the following terms have the meanings given them in this part.

Subp. 2. Advisory review panel.

"Advisory review panel" means the group of individuals that must form recommendations according to part 4655.1086 and that is appointed by the Interagency Long-Term Care Planning Committee under part 4655.1074 and Minnesota Statutes, section 144A.073, subdivision 3.

Subp. 3. Allowable costs.

"Allowable costs" means costs allowable according to part 9549.0035, subpart 1.

Subp. 4. Alternative care grant.

"Alternative care grant" has the meaning given in part 9505.2395, subpart 4.

Subp. 5. Annual statistical report.

"Annual statistical report" means the report incorporated by reference under part 4655.1072.

Subp. 6. Appraised value.

"Appraised value" means the value of the nursing home buildings, attached fixtures, and land improvements used for resident care as determined under part 9549.0060.

Subp. 7. Attached fixtures.

"Attached fixtures" has the meaning given in part 9549.0020, subpart 6.

Subp. 8. Attached hospital.

"Attached hospital" means a hospital that is under common ownership and operation with a nursing home and shares with that nursing home the cost of common service areas such as nursing, dietary, housekeeping, laundry, plant operations, or administrative services.

Subp. 9. Buildings.

"Buildings" has the meaning given in part 9549.0020, subpart 7.

Subp. 10. Certified boarding care home.

"Certified boarding care home" means a facility licensed under parts 4655.0090 to 4655.1060 and 4655.1200 to 4655.9900, and certified to participate in medical assistance under United States Code, title 42, sections 1396 to 1396p as amended.

Subp. 11. Commenced construction.

"Commenced construction" has the meaning given it under Minnesota Statutes, section 144A.071, subdivision 1a, paragraph (d).

Subp. 12. Commissioner.

"Commissioner" means the commissioner of the Department of Health or the commissioner's representative.

Subp. 13. Conversion.

"Conversion" has the meaning given in Minnesota Statutes, section 144A.073, subdivision 1, paragraph (a).

Subp. 14. Cost report.

"Cost report" means the document and supporting material specified by the commissioner of the Department of Human Services and prepared by the nursing home. The cost report includes the statistical, financial, and other relevant information required in Minnesota Statutes, section 256B.441, subdivision 43, for rate determination.

Subp. 15. Department.

"Department" means the Minnesota Department of Human Services.

Subp. 16. Estimated operating costs.

"Estimated operating costs" means a facility's estimated operating costs during the first 24 months after completion of the project.

Subp. 17. Facility.

"Facility" means the attached hospital, nursing home, or certified boarding care home named on a proposal.

Subp. 18. Hospital.

"Hospital" means an acute care institution licensed under Minnesota Statutes, sections 144.50 to 144.58.

Subp. 19. Interagency long-term care planning committee or INTERCOM.

"Interagency long-term care planning committee" or "INTERCOM" means the committee established under Minnesota Statutes, section 144A.31, subdivision 1.

Subp. 20. Land improvement.

"Land improvement" has the meaning given in part 9549.0020, subpart 28.

Subp. 21. Medical assistance.

"Medical assistance" means the program established under title XIX of the Social Security Act and Minnesota Statutes, chapter 256B.

Subp. 22. Medical assistance cost.

"Medical assistance cost" means the annual amount by which medical assistance payments will change if a proposal is implemented. Medical assistance costs are determined according to part 4655.1084, subpart 2, and as provided under Minnesota Statutes, section 144A.073.

Subp. 23. Nursing home.

"Nursing home" means a facility licensed according to Minnesota Statutes, chapter 144A.

Subp. 24. Operating costs.

"Operating costs" has the meaning given in part 9549.0020, subpart 32.

Subp. 25. Proposal.

"Proposal" means a detailed written plan for a conversion, renovation, replacement, or upgrading.

Subp. 26. Proposer.

"Proposer" means the organization or individual authorized by a facility's governing board or management to prepare and submit a proposal to the INTERCOM.

Subp. 27. Relocation.

"Relocation" means the movement of licensed nursing home beds or certified boarding care home beds from the existing site as permitted under Minnesota Statutes, section 144A.073, subdivision 5.

Subp. 28. Renovation.

"Renovation" has the meaning given in Minnesota Statutes, section 144A.073, subdivision 1, paragraph (b).

Subp. 29. Replacement.

"Replacement" means the demolition or delicensure and reconstruction or construction of an addition to all or a substantial part of an existing facility.

Subp. 30. Soft costs.

"Soft costs" means costs capitalized as part of the project relating to implementation of the proposal, including:

A. sales taxes on materials;

B. contractor's overhead and profit;

C. architect and engineering fees;

D. construction period interest;

E. permits, zoning, and construction financing;

F. feasibility, economic, and demographic studies;

G. legal, accounting, and consulting fees relating to creation of the development; and

H. cost of designing the improvements.

Subp. 31. Statutory restriction.

"Statutory restriction" means a replacement restriction, conversion restriction, or upgrading restriction as described under Minnesota Statutes, section 144A.073, subdivisions 5 to 7.

Subp. 32. Submission deadline.

"Submission deadline" means the date by which a proposal must be received by the INTERCOM, which, according to part 4655.1080, subpart 3, is no later than 90 days after the date a request for proposals is published in the State Register.

Subp. 33. Upgrading.

"Upgrading" has the meaning given in Minnesota Statutes, section 144A.073, subdivision 1, paragraph (d).

Subp. 34. Working day.

"Working day" means Monday, Tuesday, Wednesday, Thursday, or Friday, excluding legal holidays recognized by the state of Minnesota.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340; L 2014 c 262 art 5 s 6

Minn. R. 4655.1072 Incorporation by Reference of Annual Statistical Report

The 1994 Annual Statistical Report to the Commissioner of Health, Nursing Homes and Boarding Care Homes, and future amendments are incorporated by reference and are available through the Minitex interlibrary loan system. The report is subject to frequent change.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1074 Appointment of Advisory Review Panel

Subpart 1. Procedures.

The INTERCOM shall appoint an advisory review panel according to subparts 2 to 5.

Subp. 2. Membership.

The advisory review panel must consist of five members:

A. two representatives from organizations that represent consumers of nursing home services;

B. two representatives from organizations representing providers of nursing home services; and

C. one who has a background in long-term care and either accounting, engineering, building construction, or design.

Subp. 3. Advisory review panel chairperson.

The executive director of the INTERCOM shall chair and convene the advisory review panel.

Subp. 4. Nominations.

A member of the advisory review panel must be nominated. Anyone can nominate an advisory review panel member.

The INTERCOM shall publish in the State Register a request for nominations to the advisory review panel no later than September 27, 1995, and at least 30 days before the expiration date of the term of an advisory review panel member. A nomination must be written, must state the name and address of the nominee, must include a description of the nominee's professional experience and training, and must state the positions indicated under subpart 2 for which the person is being nominated.

Subp. 5. Appointments.

A nominee shall be appointed by a majority vote of the INTERCOM.

Subp. 6. Length of term.

A term on the advisory review panel begins the first working day after the vote of the INTERCOM appointing a person to the panel. An advisory review panel member representing consumers and one representing providers shall serve two years on the panel. The remaining consumer and provider members shall serve three-year terms. The member with the background in long-term care and either accounting, engineering, building construction, or design shall serve a three-year term. An advisory review panel member may serve two consecutive terms.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1076 Intercom Publication of Request for Proposals

Subpart 1. Date of publication of request for proposals.

The INTERCOM shall publish in the State Register a request for proposals within 30 days of the first day of each state fiscal biennium, and as frequently thereafter as determined by the commissioner.

Subp. 2. Contents of request for proposals.

The request for proposals must state:

A. a proposal submission deadline date consistent with part 4655.1080, subpart 3;

B. the amount of the legislative appropriation available for medical assistance costs or state that proposals will not be requested because no appropriations were made;

C. other relevant information regarding current state long-term care policy goals;

D. how the approval criteria will be prioritized by the advisory review panel, the interagency long-term care planning committee, and the commissioner; and

E. that the information under part 4655.1078 must be included in a proposal.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1078 Format and Contents of Proposal

A proposal must be on a form approved by the commissioner and must:

A. include the name, telephone number, and address of the proposer or other authorized person who can be contacted by the commissioner or the INTERCOM with questions regarding the proposal;

B. include the name and address of the nursing home or boarding care home for which the project is being proposed;

C. be signed by an authorized representative of the entity submitting the proposal;

D. state whether the proposal is for renovation, replacement, conversion, or upgrading;

E. describe the problem the proposal will address;

F. include schematic drawings and an outline of specifications, prepared by a registered architect, for all construction projects including replacement and renovation;

G. include a cost estimate, prepared by a contractor or architect and other participants in the development of the proposal, for the project described by the drawings and outline of specifications required by item F, including costs of buildings, attached fixtures, land improvements, construction site preparation, and related soft costs;

H. provide current estimated long-term financing costs of the proposal, including amount and sources of money, bond fund reserve, or other similar reserves as required under the proposed financing mechanisms, annual payments scheduled, interest rates, length of term, closing costs and fees, and insurance costs that are directly related to the building, attached fixtures, land, land improvements, and building site preparation;

I. state the current cost of real estate taxes and special assessments for the facility and also an estimate of those that would be assessed if the proposal were implemented;

J. state the current annual care-related and other operating costs and also an estimation of these costs for the first 24 months after completion of the project if the proposal were implemented;

K. describe the environmental conditions in the facility that are reviewed under part 4655.1084, subpart 10, and any proposed changes in those conditions;

L. for proposals involving replacement of all or part of a facility, provide the property identification number and a general description of the proposed location of a replacement facility;

M. provide an estimate of the costs of renovation as an alternative to replacement or of replacement as an alternative to renovation;

N. include the estimated beginning date of construction for renovation and replacements and the proposed timetable for completion of construction;

O. briefly explain why the proposer chose replacement rather than renovation or renovation rather than replacement; and

P. a statement concerning any licensure or certification orders, deficiencies, or substantiated complaints or sanctions during the 24 months prior to submission of the proposal.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1080 Submission of Proposal

Subpart 1. Who may submit proposal.

A proposal must be submitted by a proposer.

Subp. 2. Where to submit proposal.

A proposal must be submitted to the INTERCOM.

Subp. 3. Submission deadline.

A proposal must be received by the INTERCOM no later than 90 days after the date a request for proposals is published in the State Register.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1082 Initial Screening of Proposals by Intercom

The INTERCOM shall process a proposal according to items A to K.

A. The INTERCOM shall determine whether a proposal was submitted according to the submission deadline under part 4655.1080, subpart 3.

B. If a proposal was not submitted according to the deadline indicated under part 4655.1080, subpart 3, the INTERCOM shall return the proposal to the proposer with a written notice that the proposal will not receive further consideration because the proposal was received after the submission deadline.

C. If a proposal is received according to the deadline, the INTERCOM shall determine whether the proposal meets the definition of conversion, renovation, replacement, or upgrading as those terms are defined under part 4655.1070. If a proposal does not meet any of those definitions, the INTERCOM shall return that proposal to the proposer with a written notice that the proposal will not receive further consideration because it does not meet the definition of conversion, renovation, replacement, or upgrading.

D. If the proposal is for an exception that meets the definition of upgrading, renovation, replacement, or conversion as those terms are defined under part 4655.1070, the INTERCOM shall determine whether the proposal is substantially complete and consistent with part 4655.1078. A proposal is substantially complete and consistent if it contains the information specified in part 4655.1078, items B, D to K, and M.

E. If an item required for a substantially complete proposal under item D is missing from a proposal that is submitted to the INTERCOM, the proposal shall be returned to the proposer with a written notice that the proposal will not receive further consideration because of the missing item.

F. If a proposal is substantially complete and consistent according to item D, staff shall, if needed, ask for additional information in writing within ten days after the submission deadline. Additional information shall be requested only if, in the judgment of the INTERCOM, the additional information is needed to clarify or support previously submitted information.

G. If requested additional information is not received within 17 days after the submission deadline, the proposal shall be returned to the proposer with a notice that the proposal is not approved because the additional information was not received within 17 days following the submission deadline.

H. A proposal that is not completed by the submission of additional information requested under item F shall be returned to the proposer with a notice that the proposal will not receive further consideration because the requested additional information submitted was insufficient.

I. If the format and contents of a proposal submitted to the commissioner are substantially complete and consistent with part 4655.1078, the INTERCOM shall determine whether the proposal satisfies the statutory restrictions.

J. If a proposal fails to satisfy a statutory restriction, the INTERCOM shall return the proposal to the proposer with a written notice stating that the proposal will not receive further consideration because it does not satisfy a statutory restriction.

K. If a proposal satisfies all statutory restrictions, data regarding the proposal shall be collected according to part 4655.1084. The INTERCOM shall submit the findings and other information from the review conducted under part 4655.1084 to the advisory review panel to review and form recommendations on the proposal according to part 4655.1086.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1084 Data Collection

Subpart 1. Staff.

The INTERCOM and the commissioners of agencies represented on the INTERCOM shall assign staff to collect the data under subparts 2 to 14. The INTERCOM shall use the data collected under this part to develop recommendations to the commissioner under part 4655.1094 on a proposal screened under part 4655.1082.

Subp. 2. Medical assistance cost of a proposal.

The medical assistance costs of a proposal shall be estimated by:

A. reviewing the accuracy of operating costs provided according to part 4655.1078, item J;

B. determining the accuracy of the real estate taxes and special assessments provided under part 4655.1078, item I;

C. determining the increase in allowable appraised value according to part 9549.0060, subpart 4; staff shall assume that the costs provided under part 4655.1078, item G, are equal to the total increase in appraised value;

D. determining the increase in the allowable annual costs of the elements identified in part 4655.1078, item H, according to part 9549.0060, subparts 5, 6, and 7;

E. determining an estimate of the total allowable annual costs for the cost categories reviewed in items B to D;

F. determining an estimate of the number of medical assistance resident days and of the proportion of medical assistance resident days to total resident days using information from the most recent cost report of the facility;

G. multiplying the proportion of resident days developed in item F by the estimated annual costs developed in item E;

H. determining the annual medical assistance costs of the proposal by multiplying the amount found in item G by the most recent proportion of medical assistance paid by the state of Minnesota; and

I. multiplying the amount found in item H by two to yield the biennial medical assistance cost of the proposal.

Subp. 3. Cost information.

In addition to the cost estimates in subpart 2, the current and projected costs of the proposal shall be calculated according to cost per licensed bed, percent change in cost per licensed bed, and total biennial state and medical assistance costs.

Subp. 4. Age-related data.

The percentage of individuals in the county of the facility and of counties contiguous to that county who are 65 to 74 years of age, 75 to 84 years of age, and who are 85 or more years of age shall be calculated using either census data or projections of the state demographer based on census data, whichever provides the more recent estimate.

Subp. 5. Facility occupancy.

The average occupancy rate of the facility's existing beds shall be obtained from the most recent Annual Statistical Report.

Subp. 6. County-region occupancy.

The average percentage occupancy of the existing licensed beds of all the facilities in the county of the facility and of all facilities in counties contiguous to that county according to the most recent Annual Statistical Report, shall be calculated.

Subp. 7. Number of licensed beds.

The number of nursing home and licensed boarding care home beds per 1,000 individuals aged 65 or more, aged 75 or more, and aged 85 or more, for the county of each facility, for the region composed of the counties contiguous to the county of the facility, and for the state shall be calculated.

Subp. 8. Number of occupied licensed beds.

The number of occupied nursing home and licensed boarding care home beds per 1,000 individuals aged 65 or more, aged 75 or more, and aged 85 or more, for the county of each facility, for the region composed of the counties contiguous to the county of the facility, and for the state shall be calculated.

Subp. 9. Alternative care grant use.

Alternative care grant use means the dollar amount and percentage of alternative care grant allocations used by the county in which the facility is located in the most recent year for which data is available, and shall be obtained for each proposal that is acceptable according to part 4655.1082. The amount of alternative care grant per person 65 years of age or older spent in the county in which the facility is located, in counties contiguous to the county of the facility, and in the state shall be calculated.

Subp. 10. Environmental conditions for evaluation.

Information shall be developed that describes the differences between selected existing environmental conditions described under this subpart and the corresponding state licensing standards for new construction and between the proposed correction changes in these environmental conditions and the state licensing standards for new construction. This subpart refers only to those parts of the facility affected by the proposal.

The development of selected information for the purpose of evaluation, comparison, and ranking does not supersede or limit licensing and certification requirements established in chapters 4660 and 9505. The environmental conditions and standards for physical plant evaluation are listed in items A to L.

A. The width of corridors shall be compared with the standards in part 4658.4120, subpart 2.

B. The width of door frames shall be compared with the standards in part 4658.4110, subpart 3.

C. Fire exit enclosures shall be compared with the standards in part 4658.3005.

D. The method and materials of construction of the building shall be compared with the standards for Group D occupancy in the State Building Code. State Building Code has the meaning given in Minnesota Statutes, section 16B.60, subdivision 4.

E. The number of beds per resident room and the floor area per bed shall be compared to standards in parts 4658.4100 and 4658.4105, subpart 2.

F. The amount of artificial light in resident rooms and major activity areas shall be compared to standards in parts 4658.4615 and 4660.9900.

G. The amount of natural light in resident rooms shall be compared with the standard in part 4658.4105, subpart 6.

H. The number and type of bathing facilities or toilet facilities adjacent to bedrooms shall be compared to the standards in parts 4658.4135 and 4658.4140.

I. Ventilation arrangements shall be compared to the standards in parts 4658.3500, subpart 2, item A, and 4658.4515 to 4658.4550.

J. Dining room space shall be compared to the standards in parts 4658.4200 and 4658.4210.

K. Day room space shall be compared to the standard in parts 4658.4200 and 4658.4205.

L. Heating and cooling arrangements shall be compared to the standards in part 4658.4510.

Subp. 11. History of state licensing correction orders and federal certification deficiencies.

For each proposal that is acceptable according to part 4655.1082, the accumulated number and content of licensing correction orders and federal certification deficiencies incurred during the 24 months before the submission deadline for the proposal shall be collected.

Subp. 12. History of licensing and certification waivers.

The number and purpose of licensing and federal certification waivers incurred during the 24 months before the submission deadline for a proposal shall be collected.

Subp. 13. History of complaints.

The number and content of substantiated licensing and federal certification complaints about a facility received during the 24 months before the deadline for submission of a proposal shall be collected. If ownership of a facility has changed in the 24 months before the submission deadline, a history of complaints shall be collected only for the tenure of the current owner.

Subp. 14. History of sanctions.

The number and content of sanctions relating to licensure and certification that have been levied against a facility and incurred during the 24 months before the submission deadline for the proposal shall be collected.

History

Statutory Authority: MS s 144A.04; 144A.071; 144A.073; 144A.08
History: 20 SR 340; 21 SR 196

Minn. R. 4655.1086 Formation of Advisory Review Panel Recommendations to Intercom

Subpart 1. Review of proposals.

A proposal that satisfies the requirements of part 4655.1082 shall be reviewed, evaluated, and ranked by the advisory review panel.

Subp. 2. Method of evaluation.

The advisory review panel shall evaluate proposals using the information submitted according to parts 4655.1078 and 4655.1080 and the data collected by staff under part 4655.1084.

Subp. 3. Ranking of proposals.

The advisory review panel shall rank proposals to indicate which proposals should be approved in order of priority based only on the criteria in Minnesota Statutes, section 144A.073.

Subp. 4. Formation of recommendations to INTERCOM.

Based on the ranking of proposals, the advisory review panel shall recommend that the INTERCOM recommend approval or disapproval of a proposal. The advisory review panel shall provide written justifications for its recommendations to the INTERCOM.

Subp. 5. Deadline for submission of recommendations.

The advisory review panel must submit its recommendations to the INTERCOM no later than ten days after receipt of the staff review information.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1088 Public Hearing

The INTERCOM shall hold one public hearing on all proposals submitted in response to a request for proposals. The public hearing shall be held after the submission deadline under part 4655.1080, subpart 3, but before the INTERCOM submits recommendations to the commissioner. The INTERCOM shall publish a notice of the public hearing in the State Register that states the time, date, place, and subject of the hearing.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1090 Evaluation, Comparison, and Ranking of Proposals

The INTERCOM shall use the findings of the staff data collection process, the advisory review panel, and the public hearing to evaluate, compare, and rank the proposals according to the long-term care needs they address. An evaluation, comparison, or ranking must be based on the application in a consistent manner of the criteria provided in Minnesota Statutes, section 144A.073.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1092 Reimbursement Limits

Subpart 1. Cost reimbursement.

The acceptance or determination of costs under parts 4655.1070 to 4655.1098 is not binding for reimbursement. Actual reimbursement of costs is determined according to parts 9549.0010 to 9549.0080.

Subp. 2. Medical assistance costs.

The sum of the estimated medical assistance costs of all recommended proposals during the first 24 months of operation must not exceed the amount provided by the legislature as noted in the request for proposals according to part 4655.1076, subpart 2, item B.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1094 Intercom Recommendations to Commissioner

The INTERCOM shall recommend that the commissioner approve or disapprove a proposal. A recommendation under this part must be based on the evaluation, comparison, and ranking completed under part 4655.1090. A written report of the evaluation, comparison, and ranking completed under part 4655.1090, and the recommendations formed under this part must be submitted to the commissioner not more than 21 days after receipt of the recommendations of the advisory review panel.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1096 Commissioner's Approval or Disapproval of Proposal

Subpart 1. Approval or disapproval of proposal.

The commissioner shall approve or disapprove a proposal within 30 days after receiving the INTERCOM recommendations.

Subp. 2. Notice of approval or disapproval.

No later than ten days after the commissioner's approval or disapproval of a proposal the commissioner shall send a written notice of approval or disapproval to the proposer. The notice must state the reasons for the approval or disapproval.

Subp. 3. Expiration of commissioner's approval.

The commissioner's approval of a proposal expires 18 months after the date of the commissioner's signature on the notice of approval unless the facility has commenced construction.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1098 Documentation

Subpart 1. Preliminary plans.

The proposer of a renovation, replacement, or upgrading that is approved by the commissioner shall submit preliminary plans as defined in part 4660.0600 before drawing final plans.

Subp. 2. Final working drawings.

The proposer of a renovation or replacement that is approved by the commissioner shall submit final architectural, mechanical, and electrical drawings as defined in parts 4660.0700 and 4660.0800 to the Minnesota Department of Health for review and approval before implementation of the project.

Subp. 3. Changes in approved projects.

Changes in approved projects for renovation, replacement, or upgrading which alter the methods or materials described in the final working drawings must be submitted to the commissioner for review and approval before the changes are made, according to part 4660.0900.

Subp. 4. Change orders.

If the commissioner approves the reported changes in a project, a change order permitting the changes shall be issued. The issuance of a change order does not alter the allowable costs as estimated in part 4655.1084, subpart 2.

Subp. 5. Cost overruns.

The proposer shall immediately report to the commissioner any cost overruns including a description of the reasons for the overrun as required by Minnesota Statutes, section 144A.073, subdivision 3b.

Subp. 6. Final statement of costs.

On completion of the proposed project, the proposer shall submit to the Department of Human Services, a final statement of costs that includes a sworn statement of actual costs of items for which costs were estimated according to part 4655.1078, item G, and that compares the actual costs to the estimates.

History

Statutory Authority: MS s 144A.071; 144A.073
History: 20 SR 340

Minn. R. 4655.1200 Licensee

Subpart 1. Duties in general.

The licensee in each nursing home or boarding care home shall be responsible for its management, control, and operation.

Subp. 2. Specific duties.

The licensee shall develop written bylaws and/or policies which shall be available to all members of the governing body and shall assume full legal responsibility for matters under its control, for the quality of care rendered and for compliance with applicable laws and rules of legally authorized agencies. The responsibilities of the licensee shall include:

A. Full disclosure of each person having an interest of ten percent or more of the ownership of the home to the commissioner of health with any changes promptly reported in writing. In case of corporate ownership, the name and address of each officer and director shall be made known. If the home is organized as a partnership, the name and address of each partner shall be furnished. In the case of a home operated by a lessee, the persons or business entities having an interest in the lessee organization shall be reported and an executed copy of the lease agreement furnished. If the home is operated by the holder of a franchise, disclosure as specified above shall be made as to the franchise holder who shall also furnish an executed copy of the franchise agreement.

B. Appointment of a licensed nursing home administrator or a person in charge who shall be responsible for the operation of the home in accordance with law and established policies.

C. The authority to serve as administrator or person in charge shall be delegated in writing.

D. The administrator of a hospital with a convalescent and nursing care unit may serve both units. See the Nursing Home Administrator Licensing Law, Laws of Minnesota 1969, chapter 770.

E. Notification of the termination of service of the administrator or the person in charge as well as the appointment of a replacement shall be given within five days in writing to the commissioner of health by the governing body of the home. If a licensed nursing home administrator or person in charge of the boarding care home is not available to assume the position immediately, such notification to the commissioner of health shall include the name of the person temporarily in charge of the home. The governing body of a nursing home shall not employ an individual as the permanent administrator until it is determined that the administrator qualifies for licensure as a nursing home administrator in Minnesota. See the Nursing Home Administrator Licensing Law, Laws of Minnesota 1969, chapter 770.

F. Provision of a competent staff and maintenance of professional standards in the care of patients and residents.

G. Employment of qualified personnel. There shall be sufficient personnel to provide the basic services such as food service, housekeeping, laundry, and plant maintenance. Employees or volunteers under 18 years of age shall be under direct supervision.

H. Provision of facilities, equipment, and supplies for care consistent with the needs of the patients and residents.

I. Provision of evidence of adequate financing, proper administration of funds, and the maintenance of required statistics.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: L 1977 c 305 s 39; 17 SR 1279

Minn. R. 4655.1300 Administrator in Charge

Subpart 1. Designation of person.

There shall be one individual who shall be in immediate charge of the operation and administration of the nursing home or boarding care home, whether the person is the "licensee" or a person designated by the licensee. This person shall be empowered to carry out the provisions of these rules and shall be charged with the responsibility of doing so.

Subp. 2. Full-time requirements.

The person in charge shall be full-time, serving only one nursing home and shall not serve as the director of nurses.

Subp. 3. Administrator's absence; requirements.

The administrator or person in charge shall not leave the premises without giving information as to where this person can be reached and without delegating authority to a person who is at least 21 years of age, physically able, competent, and capable of acting in an emergency. At no time shall a home be left without competent supervision. The person left in charge shall have the authority and competency to act in an emergency.

Subp. 4. Notice of person in charge.

The name of the person in charge at the time shall be posted at the main entrance.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.1400 Responsibilities of the Administrator in Charge

The responsibilities of the administrator in charge shall include:

A. Maintenance, completion, and submission of reports and records as required by the commissioner of health.

B. Formulation of written general policies; admission, discharge, and transfer policies; and personnel policies, practices, and procedures that adequately support sound patient or resident care, including:

C. Establishment of a recognized accounting system. There shall be financial resources at the time of initial licensure to permit full service operation of the home for six months without regard to income from patient or resident fees.

D. The development and maintenance of channels of communications with employees which include: distribution of written personnel policies to employees; regularly scheduled meetings of supervisory personnel; employee suggestion system; and at least annual employee evaluations.

E. Establishing and maintaining effective working relationships with hospitals and other types of care facilities and with public or voluntary health and social agencies for the purpose of:

F. Developing written disaster plan with procedures for the protection and evacuation of all persons in the case of fire or explosion or in the event of floods, tornadoes, or other emergencies. The plan:

G. This item applies to nursing homes only. Establishment of a patient care policy committee in each nursing home with representation from all disciplines directly involved in patient care for the development and implementation of guidelines for patient care. The patient care policy committee is to include at least one physician and one registered nurse to govern the medical, nursing, and other services provided.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: L 1977 c 305 s 39; 17 SR 1279

Minn. R. 4655.1500 Type of Admissions

Subpart 1. Selection of residents and patients.

The administrator, in cooperation with the director of the nursing service in a nursing home or the person in charge in a boarding care home shall be responsible for exercising discretion in the type of patients or residents admitted to the home in accordance with the admission policies of the home.

Subp. 2. Patients not accepted.

Patients or residents shall not be accepted or retained for whom care cannot be provided in keeping with their known physical, mental, or behavioral condition.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1600 Agreement as to Rates and Charges

At the time of admission, there shall be a written agreement between the home and the patient, resident, the person's agent, or guardian regarding the base rate, extra charges made for care or services, obligations concerning payment of such rates and charges, and the refund policy of the home. All patients' and residents' bills shall be itemized as to the services rendered.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.1700 Census Register

Each nursing home and boarding care home shall maintain a permanent, bound, chronological registry book for all persons admitted showing the date of admission, name of patient or resident, and date of discharge or death. See part 4655.3700.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1800 Availability of Licensing Regulations

Subpart 1. Accessibility to personnel.

Copies of these licensing regulations shall be made readily available for the use of all personnel of the facility.

Subp. 2. Training of personnel.

All personnel shall be instructed in the requirements of the law and the rules pertaining to their respective duties and such instruction shall be documented. All personnel shall be fully informed of the policies of the home and procedure manuals to guide them in the performance of their duties shall be readily available.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.1910 Policies Concerning Patients

Subpart 1. Visiting hours.

Visiting hours shall be established as a written policy of the home and shall be posted in plain view of visitors. Unrestricted visiting hours are recommended.

Subp. 2. Visits by a pastor.

A patient's or resident's pastor shall be permitted to visit at any time. Privacy for consultation, communion, or for interviews shall be the privilege of every patient or resident.

Subp. 3. Visits to critically ill patients.

Relatives or guardians shall be allowed to visit critically ill patients in nursing homes at any time.

Subp. 4. Telephones.

There shall be at least one non-coin-operated telephone which is accessible at all times in case of emergency. Patients and residents shall have access to a public telephone at a convenient location within the building.

Subp. 5. Mail.

Patients and residents shall receive their mail unopened unless a legal guardian has requested in writing that the mail be reviewed. The outgoing mail shall not be censored.

Subp. 6. Funds and possessions.

No home shall handle the personal major business affairs of a patient or resident without written legal authorization by the legal guardian.

Subp. 7. Smoking.

Patients or residents shall not be permitted to smoke in bed except in the case of a bedfast patient while under the direct supervision of a staff member.

Subp. 8. Pet animals.

Pet animals may be kept on the premises of a nursing home or boarding care home only in accordance with the provisions of part 4638.0200.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.2000 Employee Policies

Subpart 1. Personal hygiene of all employees and volunteers.

There shall be strict adherence to established policies and procedures relating to personal hygiene practices including clean attire and frequent and thorough hand-washing techniques at all times and in all areas of the home. See part 4655.1400, item B, subitem (6).

Subp. 2. Keys.

The person in charge of the home on each work shift shall have keys to all doors and locks in the home in possession with the exception of keys to the business office.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.2100 Procedure at Death

When a patient or resident dies in a home, the administrator, nurse, or person in charge shall contact a relative, guardian, or the placement agency regarding funeral arrangements. The body shall be separated from other patients or residents until removed from the home. Where reasonably possible, no body shall remain in a home for more than 12 hours.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.2200 Outside Services

Where laundry or food service is obtained from an outside agency or establishment, such service shall be provided pursuant to a written agreement which shall specify that the service meets the same standards as are required under these rules.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.2300 Inspection by Department

All areas of the facility and all records related to the care and protection of patients and residents including patient, resident, and employee records shall be open for inspection by the department at all times for the purposes of enforcing these rules.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.2410 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.2420 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.2600 Capability

Every employee shall be mentally and physically capable of performing the work to which assigned, in good health, and free from colds and other communicable diseases. The above criteria shall be reviewed if the person is to be assigned to another job in the home.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.2700 Assignment to Extra Duties

A person shall not be assigned to duty for two consecutive work periods except in a documented emergency. A work period is normally eight hours.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.2800 Personal Belongings

Personnel shall not keep wraps, clothing, or other belongings in the food service or patient and resident areas. Provision shall be made elsewhere for their safe storage.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.2900 Illness or Accident

Personnel who have missed work days because of illness or accident shall report to the registered nurse or person in charge who may authorize return to work. If in doubt the nurse or person in charge shall consult with a physician by telephone and be guided by the physician's opinion. This shall be made a part of the employee's personnel record. See Records and Reports, parts 4655.3200 to 4655.4000.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.3000 [Repealed, 44 SR 371]

[Repealed, 44 SR 371]

Minn. R. 4655.3200 Patient or Resident Care Record

Subpart 1. Requirement for individual charts.

An individual chart shall be kept on each patient and resident admitted to the home.

Subp. 2. Form of entries; verification.

All entries shall be made with a pen and signed by the person making the entry.

Subp. 3. Duration and placement of records.

Accurate, complete, and legible records for each patient or resident from the time of admission to the time of discharge or death shall be kept current and shall be maintained in a chart holder at the nurses' or attendants' station, a central control point for the storage of records and medications.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.3300 Admission Record

Subpart 1. Contents of record.

The admission record shall be initiated for each patient and resident within 72 hours after admission and contain identifying information including: name, previous address, social security number, sex, marital status, age, date and place of birth, previous occupation, date and hour of admission; name, address, and telephone number of the nearest relative, and the person to be notified in an emergency or death; information as to funeral arrangements, if available; church affiliation and pastor; and the name of the patient's or resident's attending physician.

Subp. 2. Disposition at discharge or death.

At the time of discharge or death, this record shall be completed with the date, time, reason for discharge, discharge diagnosis and condition; or date, time, and cause of death. In either case the signature and address of the responsible person to whom released shall be obtained.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.3400 Medical Record

The medical record shall be initiated for each patient or resident within 72 hours in accordance with part 4655.4700.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.3500 Filing and Disposition of Records

Subpart 1. Physical control of records.

The patient or resident care record shall be incorporated into an individual folder and filed at the nurses' or attendants' station, a central control point for the storage of records and medications.

Subp. 2. Disposition of discharged patient records.

The records of discharged patients or residents shall be promptly completed and filed in the home.

Subp. 3. Confidentiality of patient records.

Patients' or residents' medical records and patient care plans in nursing homes shall be considered confidential but they shall be made available to all persons in the home who are responsible for the care of the patient or resident and they shall be open to inspection by representatives of the department.

Subp. 4. Transfer of patient records.

When a patient or resident is discharged to another care facility pertinent information relative to the person's care shall accompany the patient or resident.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.3600 Storage and Preservation of Records

Space shall be provided for the safe storage of patients' or residents' records at the nurses' or attendants' station, a central control point for the storage of records and medications, and in general storage. Records shall be filed so as to be readily accessible. All patients' and residents' records shall be preserved for a period of at least five years following discharge or death.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.3700 Census Register

A register shall be kept in a separate bound book, listing in chronological order the names and dates of all admissions and discharges. This register shall be kept in such a manner that total admissions, discharges, deaths, and patient or resident days can be calculated.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.3800 Reports and Correspondence to the Department

Reports regarding statistical data and services furnished shall be submitted on forms furnished by the department. Copies shall be retained by the home. All correspondence with the department shall be kept as a permanent, accessible record.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.3900 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.4000 Resident Care Record

Subpart 1. Application.

This part applies to boarding care homes only.

Subp. 2. Types of information reported.

The care record for each resident shall contain the resident's weight at the time of admission and at least once each month thereafter and a summary completed at least monthly by the person in charge indicating the resident's general condition, actions, attitude, changes in sleeping habits or appetite, and any complaints. A detailed incident report of any accident or injury and the action taken shall be recorded immediately. All dates and times of visits by physicians or podiatrists and visits to clinics, dentists, or hospitals shall be recorded.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4100 Admission Policy

The admission policies of the nursing home and boarding care home shall specify whether the home will accept the personal funds of patients' or residents' for safekeeping. If the nursing home or boarding care home accepts the personal funds of patients' and residents' for safekeeping, written policies regarding the handling and protection of the funds shall be established in accordance with parts 4655.4100 to 4655.4170.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4110 Authorization

Subpart 1. Written authorization.

The personal funds of the patient or resident shall not be accepted for safekeeping without written authorization from the patient or resident or from the patient's or resident's legal guardian or conservator or representative payee.

Subp. 2. Copy retained.

A copy of this written authorization shall be retained in the patient's or resident's records.

Subp. 3. Representative payee.

A "representative payee" is an individual designated by the Social Security Administration to receive benefits on behalf of the patient or resident.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4120 Personal Fund Accounts

Subpart 1. No commingling of funds.

The personal funds of patients and residents shall not be commingled with the funds of the nursing home or boarding care home or with the funds of any person other than patients or residents of the home, unless otherwise authorized by law.

Subp. 2. Funds of the individual.

The personal funds of patients and residents shall not be used in any way for the purpose of the nursing home, boarding care home, or any other patient or resident and shall be free from any liability that the nursing home or boarding care home incurs.

Subp. 3. Prohibition of commingling with more than one facility.

A person, firm, partnership, association, or corporation which operates more than one facility licensed in accordance with the provisions of Minnesota Statutes, sections 144.50 to 144.56 or Minnesota Statutes, chapter 144A shall not commingle patient or resident funds from one facility with another.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4130 Written Accounting System Maintained

Subpart 1. System developed and maintained.

A written accounting system for the personal funds of patients and residents shall be developed and maintained.

Subp. 2. Access to records.

Each patient or resident and the patient's or resident's legal guardian or conservator, representative payee, or other person designated by the patient or resident shall be allowed access to the written records of all financial arrangements and transactions involving the individual patient's or resident's funds in accordance with the nursing home's and boarding care home's written policy. Such policy shall assure that access be provided in accordance with the needs of patients and residents.

Subp. 3. Written quarterly accounting.

Each patient or resident, or the patient's or resident's legal guardian or conservator, representative payee, or other person designated in writing by the patient or resident, shall be given a written quarterly accounting of the financial transactions made by or on behalf of the patient or resident.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4140 Individual Written Record

An individual written record shall be maintained for each patient or resident which shall include the following items:

A. the date, amount, and source of funds deposited by or on behalf of a patient or resident;

B. the name of all individuals, other than the patient or resident, who have been authorized in writing by the patient or resident or the patient's or resident's legal guardian or conservator or representative payee to withdraw or expend funds from the patient's or resident's personal account; and

C. the date and the amount of all withdrawals from the patient's or resident's personal account.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4150 Personal Funds

Subpart 1. Account.

Unless otherwise specified by law, the personal funds of any patient or resident in excess of $150 shall be deposited in a demand account in a financial institution authorized to do business in Minnesota, the deposits which are federally insured, except that a facility that is operated by a county shall deposit such funds with the county treasurer. This account must be in a form which clearly indicates that the facility has only a fiduciary interest in the funds. Records shall be maintained which specify on whose behalf funds are deposited or withdrawn from this account.

Subp. 2. Interest on account.

If a patient's or resident's personal funds are deposited in an interest bearing account, the accrued interest shall, unless otherwise specified by law, be prorated in accordance with the amounts attributable to each patient or resident and recorded on the patient's or resident's account.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4160 Withdrawal of Funds from the Account

Upon the request of the patient or resident or the patient's or resident's legal guardian or conservator or representative payee, the nursing home or boarding care home shall return all or any part of the patient's or resident's funds given to the nursing home or boarding care home for safekeeping, including interest, if any, accrued from deposits. The nursing home or boarding care home shall develop a policy specifying the period of time during which funds can be withdrawn. This policy must ensure that the ability to withdraw funds is provided in accordance with the needs of the residents. This policy must also specify whether or not the nursing home or boarding care home will establish a procedure allowing patients or residents to obtain funds to meet unanticipated needs on days when withdrawal periods are not scheduled. The nursing home or boarding care home shall notify patients and residents of the policy governing the withdrawal of funds. Funds kept outside of the facility shall be returned within five business days.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4170 Discharge or Death of Patient or Resident

Subpart 1. Discharge of a patient or resident.

Upon discharge of a patient or resident, unless the patient's or resident's bed is being held for anticipated readmission, all funds of that patient or resident shall be returned to the patient or resident or to the patient's or resident's legal guardian or conservator, representative payee or other person designated, in writing, by the patient or resident with a written accounting in exchange for a signed receipt. Funds which are maintained outside of the nursing home or boarding care home shall be returned within five business days.

Subp. 2. Death of a patient or resident.

Upon the death of a patient or resident, the nursing home or boarding care home shall provide a complete accounting of that patient's or resident's funds.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4200 Policy Records

All policies and procedures adopted by the home shall be placed on file and be made readily accessible to the personnel.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4300 Unusual Occurrences

Any occurrence of food poisoning or reportable disease shall be reported immediately to the department.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4400 Employees' Personnel Records

A current personnel record shall be maintained for each employee and placed on file in a locked cabinet in the office of the administrator, person in charge, or the business office. These records shall be available to representatives of the department and shall contain the following information:

A. person's name, address, telephone number, age and birth date, sex, marital status, Minnesota license or registration number, if applicable; name, address, and telephone number of person to be called in case of emergency; social security number, and similar identifying data;

B. resume of individual's training, experience, and previous employment; recommendations and references from previous employers;

C. dates and results of any preemployment physical examination and of any subsequent physical examination, annual physical examinations are recommended;

D. date of employment in home, type of position currently held in home; hours of work, attendance, and salary records;

E. the record of all illnesses and accidents;

F. a listing of all institutes or training courses attended;

G. at least annual evaluations concerning employee's work performance; and

H. date of resignation or discharge and reason for leaving.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4600 Care and Treatment

Subpart 1. Designation of physician by patient or resident.

Each patient or resident or the legal guardian or the agency responsible for care shall designate a licensed physician for the supervision of the care and treatment of the patient or resident during the person's stay in the home. This attending physician shall reside in the same or in a nearby community.

Subp. 2. Agreement with physician for emergency and advisory care.

Each nursing home or boarding care home shall have an agreement with one or more licensed physicians to provide emergency services and to act in an advisory capacity.

Subp. 3. Posting of physicians names and phone numbers.

A schedule, which lists the names, telephone numbers, and call days of the emergency physician(s) shall be posted in each nurses' or attendants' station.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.4700 Physicians' Examinations and Orders

Subpart 1. Physical examination at admission.

Each patient or resident shall have an admission medical history and complete physical examination performed and recorded by a physician within five days prior to or within 72 hours after admission. The medical record shall include: the report of the admission history and physical examination; the admitting diagnosis and report of subsequent physical examinations; reports of appropriate laboratory examinations; general medical condition including disabilities and limitations; instructions relative to the patient's or resident's total program of care; written orders for all medications with stop dates, treatments, special diets, and for extent or restriction of activity; physician's orders and progress notes; and condition on discharge or transfer, or cause of death.

Subp. 2. Periodic physical examination requirements.

Each nursing home patient shall be examined by a physician at least every six months and each boarding care home resident at least annually or more often if indicated by the clinical condition.

Subp. 3. Records of physical examinations.

A progress note shall be recorded in the patient's or resident's record at the time of each examination.

Subp. 4. Temporary orders for new admissions.

If orders for the immediate care of a patient or resident are not available at the time of admission, the emergency physician shall write temporary orders which are effective for a maximum of 72 hours.

History

Statutory Authority: MS s 14.05; 14.3895; 144.56; 144A.02 to 144A.08
History: 44 SR 371

Minn. R. 4655.4800 Dental Care

Subpart 1. Services.

Patients and residents shall be provided with dental services appropriate to their needs.

Subp. 2. Agreement with dentist for emergency care.

Nursing homes and boarding care homes shall have a written agreement with a licensed dentist to provide emergency dental care when necessary.

Subp. 3. Posting of dentists' names and phone numbers.

The name and address of the emergency dentist shall be posted at each nurses' or attendants' station.

Subp. 4. Dental records.

All dental examinations and treatments shall be recorded in the patient's or resident's care record.

Subp. 5. Dentists' recommendations.

Personnel in the home shall assist patients and residents in carrying out dentists' recommendations.

Subp. 6. Identification of dentures.

A procedure shall be established for the accurate identification of patients' and residents' dentures.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.4900 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.5100 Adequate Staff

Subpart 1. Amount of staff.

Adequate staff shall be provided to meet the nursing and personal care needs and the maintenance necessary for the well-being of the patients and residents at all times.

Subp. 2. Requirements for staff.

There shall be at least one responsible person awake, dressed, and on duty at all times. These persons shall be at least 21 years of age and capable of performing the required duties of evacuating the patients and residents.

Subp. 3. Identification of staff.

Each employee and volunteer shall wear a badge which includes name and position.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.5200 Activities Program

Subpart 1. General requirements.

There shall be an organized social and recreational activities program in all nursing homes and boarding care homes which shall be designed to meet the normal needs of all patients and residents for occupation, diversion, and maintenance.

Subp. 2. Type of programs.

The activities program shall create a normal living environment which is compatible with the needs and interests of the majority of patients and residents. This shall be integrated into the total care program.

Subp. 3. Patient and resident involvement.

The patient or resident shall be encouraged to be involved in the person's own care through a purposeful activities program which allows the person to function at the person's maximum physical, mental, social, and emotional capacity.

Subp. 4. Supervision of program.

The activities program shall be supervised by a person employed on the basis of two-thirds hour per bed per week which is equal to 40 hours per week for 60 beds, who is trained and/or experienced in the supervision of such a program.

Subp. 5. Program directors.

A certified occupational therapy assistant (COTA) is qualified to direct such a program. It is recommended that consultation be provided for the activities director by a registered occupational therapist or a therapeutic recreational specialist.

Subp. 6. Frequency of program activities.

The activities program shall be regularly scheduled at least five days each week with the program posted one week in advance.

Subp. 7. Staff assistance with activities.

A sufficient number of personnel shall be assigned to assist with the activities program on a regular basis.

Subp. 8. Place for activities; requirements.

Appropriate space, equipment, materials, and storage areas shall be provided. This shall include recreational space and activities out-of-doors. A Handbook for Activities Supervisors is available from the department for use as a guide.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.5300 Spiritual Needs

The home shall provide adequate facilities and arrange for personnel to meet the spiritual needs of the patients or residents.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.5400 In-Service Education

There shall be a continuing in-service educational program for all personnel with thorough job orientation for all new personnel in each nursing home and boarding care home.

In nursing homes having 90 beds or more it is recommended that one person other than the director of nursing service be responsible for coordination of all in-service education programs.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Each patient or resident shall receive nursing care or personal and custodial care and supervision based on individual needs. Patients and residents shall be encouraged to be active, to develop techniques for self-help, and to develop hobbies and interests. Nursing home patients shall be up and out of bed as much as possible unless the attending physician states in writing on the patient's medical record that the patient must remain in bed.

Subp. 2. Criteria for determining adequate care.

Criteria for determining adequate and proper care shall include items A to H.

A. Evidence of adequate care and kind and considerate treatment at all times. Privacy shall be respected and safeguarded.

B. Clean skin and freedom from offensive odors. A minimum of a complete tub bath or shower once a week shall be provided for all ambulatory patients and for all residents with adequate assistance or supervision as needed.

C. A minimum of monthly shampoos and assistance with daily hair grooming as needed.

D. Assistance with or supervision of shaving of men patients or residents as necessary to keep them clean and well-groomed.

E. Assistance as needed with oral hygiene to keep the mouth, teeth, or dentures clean. Measures shall be used to prevent dry, cracked lips.

F. Proper care and attention to hands and feet. Fingernails and toenails shall be kept clean and trimmed.

G. Clean linen. Bed linen shall be changed weekly, or more often as needed. Beds shall be made daily and straightened as necessary.

H. Clean clothing and a neat appearance. Patients and residents shall be dressed during the day whenever possible.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.6500 Safety Program

Subpart 1. Written plan.

Every home shall have an organized safety program in accordance with a written plan and such shall be included in the orientation and in-service training programs of all employees and volunteers to assure safety to patients and residents at all times. In addition to fire safety, such precautions shall include the provision of safety features as outlined in parts 4660.6000 to 4660.7500.

Subp. 2. Safety equipment requirements.

All attached equipment shall be solidly anchored to avoid accidents.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 21 SR 196

Minn. R. 4655.6600 Use of Restraints to Manage Difficult Behavior

Disturbed mental patients shall not be received or retained in a nursing home or boarding care home. If a patient or resident becomes suddenly disturbed or difficult behavior creates a problem of management, the person in charge of the home shall take temporary, emergency measures to protect such person and other persons in the home and the physician shall be called immediately. If a restraint is needed, this may be applied only upon the physician's written order. A restraint is any device which restricts the patient's normal movements. In instituting such temporary protective measures, a special attendant shall be placed on duty on the floor or in the section of the building in which such patient or resident is restrained. No form of restraint may be used or applied in such manner as to cause injury to the patient or resident. No locked restraints may be used. No door to a patient's or resident's room may be locked in a manner which will not permit immediate opening in case of emergency. A full record of the use of restraints or seclusion shall be maintained in the patient's or resident's medical record. If the patient or resident does not respond to the treatment prescribed within a period of two days, the person shall be transferred to suitable facilities.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.6700 Acute Illness, Serious Accident, or Death

In case of acute illness or serious accident, the home shall immediately notify the physician and the family or legal guardian. Apparent deaths shall be reported immediately to the attending physician.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.6800 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.6810 [Repealed, L 2001 1Sp9 art 5 s 41]

[Repealed, L 2001 1Sp9 art 5 s 41]

Minn. R. 4655.6820 [Repealed, L 2001 1Sp9 art 5 s 41]

[Repealed, L 2001 1Sp9 art 5 s 41]

Minn. R. 4655.6830 [Repealed, L 2001 1Sp9 art 5 s 41]

[Repealed, L 2001 1Sp9 art 5 s 41]

Minn. R. 4655.7000 Patient or Resident Units

Subpart 1. Requirements.

The following items in items A to J shall be provided for each patient or resident.

A. A comfortable bed at least 36 inches wide, good springs, and a clean, firm, comfortable mattress and mattress pad. At least one clean, comfortable pillow with extra pillows available to meet the patient's needs. Clean, lightweight blankets and bed linen in good condition and of the proper size shall be kept on hand for use at all times. Clean sheets and pillow cases shall be furnished at least once a week. Each bed shall have a washable bedspread. A moisture-proof mattress cover or rubber or plastic sheeting shall be provided for mattresses of all bed patients and for other beds as necessary. Rollaway type beds, cots, or folding beds shall not be used.

B. At least one comfortable chair.

C. A locker or closet within the room to allow clothes to be hung. In existing facilities, if a closet is used for two or more persons, there shall be a fixed partition for complete separation of clothing for each person. There shall be dresser drawer space provided for each patient or resident. Closets, lockers, or drawers which are provided with locks shall have a master key available in the administrator's office. See part 4660.3460.

D. A bedside table with a towel bar, a drawer to accommodate personal possessions, and a separate compartment for the storage of bedpans and urinals. (Not required in a boarding care home.)

E. Individual drinking glass, bath towel, hand towel, washcloth, and soap dish. Clean towels shall be provided as needed.

F. Cubicle curtains to afford privacy in all multibed rooms. Existing boarding care homes in converted dwellings may continue to use bed screens. Each window shall have shades or equivalent in good repair.

G. A device for signaling nurses and attendants which shall be kept in working order at all times.

H. A hand-washing facility with a mirror located in the room or convenient to the room for the use of patients, residents, and personnel. It is recommended that these be equipped with gooseneck spouts and wrist-action controls.

I. A bed light providing a minimum of 30 footcandle intensity conveniently located for reading or for doing handiwork in bed or in an adjacent chair.

J. All furnishings and equipment shall be maintained in a usable, safe, and sanitary condition. All rooms and beds shall be numbered. All beds shall be identified with the name of the patient or resident.

Subp. 2. Written policy for double beds.

The nursing home and boarding care home shall develop a written policy regarding the use of double beds.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 21 SR 196

Minn. R. 4655.7100 Facilities for Emergency Care

First aid supplies shall be maintained in a place known to and readily available to all personnel responsible for the health or well-being of patients or residents.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7200 Hand-Washing Facilities

Hand-washing facilities shall be readily available for physicians, nurses, and other personnel attending patients or residents. Single service towels shall be available at all times. Use of a common towel is prohibited.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7300 Rooms

Subpart 1. Dayrooms.

Each dayroom shall be provided with reading lamps, tables, and chairs of satisfactory design for patients and residents.

Subp. 2. Dining rooms.

Furnishings shall be well-constructed and designed for patients and residents. Tables shall be of a type that can be used by wheelchair patients.

Subp. 3. Other areas.

All office spaces, nurses' and attendants' stations, treatment rooms, utility rooms, maintenance rooms, and other spaces or rooms not specifically mentioned elsewhere shall be appropriately furnished and equipped.

Subp. 4. Nurses' or attendants' station.

There shall be a well-lighted nurses' or attendants' station centrally located in the patient or resident area which shall contain sufficient space for recording and for the storage of charts and the equipment necessary for keeping records and orders current.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7400 Storage

Subpart 1. Equipment and supplies in general.

Cabinets and other suitable space shall be provided and identified for the safe storage of equipment and supplies in a sanitary, convenient, and orderly manner. Supplies shall be identified.

Subp. 2. Sterile supplies.

Sterile supplies shall be marked with the latest date of sterilization and shall be stored apart from unsterile supplies.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7810 Distribution of Medications

A system shall be developed in each boarding care home to assure that all medications are distributed safely and properly. All medications shall be distributed and taken exactly as ordered by the physician. Any medication errors or resident reactions shall be reported to the physician at once and an explanation made in the resident's personal care record.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7820 Medicine Cabinet

Subpart 1. Medicine cabinet location and requirements.

A well-illuminated medicine cabinet shall be provided at each attendants' station, a central control point for the storage of records and medications. The medicine cabinet shall be equipped with separate cubicles which are plainly labeled, or provided with other physical separation for the storage of each resident's prescriptions.

Subp. 2. Poisons and medications for external use labeling and storage.

Poisons and medications intended for external use only shall be clearly so marked and shall be kept in a separate locked compartment.

Subp. 3. Refrigerated drugs.

Biologicals and other medications requiring refrigeration shall be kept in a specially locked, securely attached, and labeled, impervious container in a general use refrigerator.

Subp. 4. Storage with nondrug substances.

All substances, such as cleaning agents, bleaches, detergents, disinfectants, pesticides, paints, and flammable liquids shall be clearly labeled and stored separately from all drugs and foods.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7830 Medication Containers

Subpart 1. Storage in labeled containers.

All medications shall be kept in their original container bearing the original label with legible information stating the prescription number, name of drug, strength and quantity of drug, expiration dates of all time-dated drugs, directions for use, resident's name, physician's name, date of original issue or in the case of a refill, the most recent date thereof, and name and address of the licensed pharmacy which issued the medications. It shall be the responsibility of the boarding care home to secure the prescription number and name of the medication if these are not on the label.

Subp. 2. Relabeling containers.

Any drug container having detached, excessively soiled, or damaged labels shall be returned to the issuing pharmacy for relabeling.

Subp. 3. Disposition of nonlabeled or improperly labeled drugs.

The contents of any drug container having no label or with an illegible label shall be destroyed immediately.

Subp. 4. Out of date medications.

Medications having a specific expiration date shall not be used after the date of expiration.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7840 Record of Medications

All medications distributed to each resident shall be recorded on the resident's personal care record. This information shall include the name and quantity of the drug given and the time distributed and shall be initialed by the person distributing the drug. Special notations shall be made whenever medications are started or discontinued.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7850 Disposition of Medications

Subpart 1. Discharged or transferred residents.

If authorized by the attending physician or the physician in charge, medications belonging to residents shall be given to them when discharged or transferred. This shall be recorded on the resident's personal care record.

Subp. 2. Destroying unused prescription drugs.

Unused portions of prescription drugs remaining in the boarding care home after the death or discharge of the resident for whom they were prescribed or any prescriptions discontinued permanently, shall be destroyed by the person in charge in the boarding care home by flushing them into the sewer system and removing and destroying the labels from the containers.

Subp. 3. Recording of disposition.

A notation of such destruction giving date, quantity, name of medication, and prescription number shall by recorded on the resident's personal care record. Such destruction shall be witnessed and the notation signed by both persons.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.7860 Administration of Medications by Unlicensed Personnel

Unlicensed nursing personnel who administer medications in a nursing home or a boarding care home certified as an intermediate care facility as defined in United States Code, title 42, section 1396d, must have completed a medication administration training program for unlicensed personnel in nursing homes which is offered through a Minnesota postsecondary educational institution. The nursing home or boarding care home shall keep written documentation verifying completion of the required course by all unlicensed nursing personnel administering medications.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8000 [Repealed, 21 SR 196]

[Repealed, 21 SR 196]

Minn. R. 4655.8100 [Repealed, 20 SR 303]

[Repealed, 20 SR 303]

Minn. R. 4655.8300 Linen

Subpart 1. Application.

Subparts 2 to 6 apply to boarding homes only.

Subp. 2. Clean linen.

Clean linen shall be dried, ironed, except for noniron linen, and folded and shall be stored in enclosed, clean, designated locations at least eight inches above the floor. New linen shall be washed and ironed before use. During distribution for use, only the linen needed in an area or room shall be carried into that area or room. Enclosed linen carts are acceptable for linen storage. Linen storage rooms or closets shall be kept clean and used only for the storage of clean linen and clean supply items. Only clean trucks or containers shall be used for the storage and transport of clean linen.

Subp. 3. Soiled linen.

Soiled linen shall be collected in a cleanable hamper, container, or bag for removal to the soiled linen collection room or to the laundry. Hampers, containers, or bags shall be cleaned or washed regularly. Easily cleanable laundry trucks or containers for off-the-floor storage and sorting of soiled linen shall be provided.

Subp. 4. Laundering of linen.

Linen shall be washed in commercial-type washers. The water temperature inside the washers shall be at least 160 degrees Fahrenheit during the main washing and rinsing cycles for a total time of at least 30 minutes, excluding time for filling and draining.

Subp. 5. Outside linen service.

Linen processed in central or commercial laundries outside the facility shall be subject to the laundering standards of these rules; see part 4655.2200.

Subp. 6. Laundering of personal clothing.

Residents' personal clothing and other nonlinen items shall be laundered in accordance with appropriate washing procedures for the various fabrics and shall be ironed, mended, and labeled as necessary. Domestic-type washers and dryers are acceptable as well as outside washing and drycleaning services.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8500 Dietary Service

Subpart 1. Dietary consultation requirements.

If the facility accepts or retains individuals in need of medically prescribed therapeutic diets, regularly scheduled dietary consultation shall be provided by a qualified dietitian or nutritionist at least four hours each month unless the dietary supervisor qualifies.

Subp. 2. Therapeutic diets.

All therapeutic diets shall be prepared as ordered in writing by the attending physician.

Subp. 3. Availability of diet manuals.

There shall be current diet manuals readily available in the kitchen.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8510 Dietary Supervisor

The administrator shall designate a person trained or experienced in the planning and preparation of meals to be responsible for the dietary service. Other responsibilities of this individual shall include: participation in the selection of other dietary staff and in the formulation of food service personnel policies, orientation, training, and supervision of the dietary staff; and recommending the type and quantity of the food purchased.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8520 Dietary Staff Requirements

Dietary staff:

A. The dietary staff shall be adequate in number to provide personnel on duty 12 or more hours per day. They shall be trained in the performance of their assigned duties. Work assignments and duty schedules shall be posted in the dietary department.

B. The staff shall be in good health, free from symptoms of communicable disease and from open, infected wounds.

C. All persons working in the dietary department shall maintain personal cleanliness, wear a clean uniform, and cover their hair with a hairnet or a cap for short hair, when on duty.

D. They shall wash their hands frequently, especially after using handkerchief or tissue, after handling soiled dishes, and after using toilet facilities and shall observe all other accepted hygienic practices in the prevention of contamination of food. The hand-washing procedure shall also apply to other staff on temporary assignment to the food service and in addition, uniforms shall be changed when soiled activities are involved.

E. Sanitary procedures and conditions shall be maintained in the operation of the dietary department at all times.

F. Smoking or other use of tobacco is not allowed in the food preparation or in the dishwashing area. The kitchen shall not be used for eating meals or for coffee breaks.

G. It is recommended that the department's food handling guide entitled "Information for Food Service Personnel in Hospitals and Related Care Facilities" be made readily available for reference by all food service personnel.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8600 Food Handling

Raw meat products shall be kept separated from cooked or prepared foods. Utensils or equipment and other food contact surfaces used in preparation of such products shall be thoroughly washed before being used for other foods; the person handling the raw products shall wash his or her hands thoroughly before touching other foods or utensils.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.8610 Adequacy of Meals

Subpart 1. Recommended dietary allowances.

The food and nutritional needs of patients and residents shall be met in accordance with physicians' orders and shall, to the extent medically possible, meet the dietary allowances, as adjusted for age, sex, and activity as stated in the Recommended Dietary Allowances, National Academy of Sciences, 7th Edition, 1968 which lists the daily dietary allowances in nutrients. The daily food groups and quantities for each patient or resident that would meet these recommended daily dietary allowances shall include:

Subp. 2. Meat or protein food.

Two or more servings of protein food of good quality. Consider each of the following as one serving:

A. three ounces cooked (equivalent to four ounces raw) of any meat without bone, such as beef, pork, lamb, poultry, or variety meats such as liver, heart, and kidney;

B. two slices prepared luncheon meat;

C. two eggs;

D. three ounces of fresh or frozen cooked fish or shellfish or one-half cup canned fish; or

E. one cup cooked navy beans.

Subp. 3. Milk.

Two eight-ounce glasses of milk are required for each patient or resident. A portion of this amount may be served in a cooked form, such as cream soups, desserts, etc. Cheese and ice cream may replace part of the milk. The amount of either it will take to replace a given amount of milk is figured on the basis of calcium content. (One ounce or one slice of cheese equals one-half cup milk; one-half cup cottage cheese equals one-third cup milk; and one-half cup ice cream equals one-fourth cup milk.)

Subp. 4. Vegetables.

Three servings of vegetables (one-half cup each), one of which is deep green or yellow.

Subp. 5. Fruits.

Two or more servings. One shall be citrus, such as orange, grapefruit, or tomato. A serving of fruit is defined as:

A. one medium size orange or four ounces of juice;

B. one-half grapefruit or four ounces of juice; or

C. one large tomato or eight ounces of juice.

Subp. 6. Cereal and bread.

Three to four servings preferably whole grain or enriched. (One slice of bread equals one serving: one-half cup of cereal equals one serving.)

Subp. 7. Butter or margarine.

Some of either each day as a seasoning and to make food more palatable.

Subp. 8. Other foods.

Other foods to round out meals plus snacks shall be offered to satisfy individual appetites and provide additional calories.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8620 Frequency of Meals

Subpart 1. Time of meals.

At least three meals shall be served at regular times during each 24 hour period with a maximum of 14 hours between a substantial evening meal and breakfast.

Subp. 2. Preference for dining together.

Meals shall be served in the dining room and bedroom trays kept to a minimum. Patients or residents shall be encouraged to eat together.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8630 Quality and Variety

Subpart 1. Diet.

The diet shall be palatable, of adequate quantity and variety, prepared by methods which conserve nutritional value, and attractively served. It is recommended that dishes be used rather than compartment trays. Hot foods shall be served hot; cold foods shall be served cold. Foods shall be served in a form to meet individual needs.

Subp. 2. Menu planning.

All menus including special diets shall be planned, dated, and posted for a minimum of one week in advance. Notations shall be made of any substitutions in the meals actually served and these shall be of equal nutritional value. Records of menus and of foods purchased shall be filed for six months. A reasonable variety of foods shall be provided. A file of tested recipes adjusted to a yield appropriate for the size of the home shall be maintained.

Subp. 3. Food habits and customs.

There shall be reasonable adjustment to the food habits, customs, likes, and appetites of individual patients and residents.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8640 Returned Food

Returned portions of food and beverages from individual servings shall not be reused unless such food or beverage is served in a sealed wrapper or container which has not been unwrapped or opened.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8650 Milk

All fluid milk shall be procured from suppliers licensed by the commissioner of agriculture. The milk shall be dispensed directly from the original container in which it was packaged, shipped, and received. Milk served for drinking shall be served in the individual original container or shall be poured directly from the original individual container into the drinking glass at meal time or be dispensed from an approved bulk dispenser. Dry milk and milk products may be reconstituted in the dietary department if used for cooking only.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8660 Ice

Ice shall be stored and handled in a sanitary manner. Stored ice shall be kept in an enclosed container. If an ice scoop is used, the scoop shall be stored in a separate compartment to prevent the handle from contact with the ice.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8670 Food Supplies

Subpart 1. Food.

All food shall be from sources approved or considered satisfactory by the commissioner of health, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid, or low-acid food which has been processed in a place other than a commercial food-processing establishment shall be used.

Subp. 2. Food containers.

All food or food products prepared or in bulk shall be stored in approved seamless covered containers after opening of the original container. Dry milk and milk products after opening shall be stored in seamless, all tight containers.

Subp. 3. Storage of nonperishable food.

Nonperishable food and single-service articles shall be stored off the floor on washable shelving in a ventilated room. It shall be protected from dust, flies, rodents, vermin, overhead leakage, and other sources of contamination, and shall be placed away from areas with excessive heat.

Subp. 4. Storage of perishable food.

All perishable food shall be stored off the floor on washable, corrosion-resistant shelving under sanitary conditions, and at temperatures which will protect against spoilage. Meat and dairy products shall be stored at 40 degrees Fahrenheit or below, and fruit and vegetables at 50 degrees Fahrenheit or below. When stored together, the lower temperature shall apply. Temperatures shall be monitored by an accurate thermometer.

Subp. 5. Prohibited storage.

The storage of detergents, cleaners, pesticides, and other nonfood items, including employees' personal items, is prohibited in food storage areas.

Subp. 6. Vending machines.

Storage and dispensing of food and beverages in vending machines shall be in accordance with parts 4635.0100 and 4635.0300 to 4635.1000, November, 1966.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: L 1977 c 305 s 39

Minn. R. 4655.8680 Transport of Food

Food shall be covered during transport through nondietary areas, but need not be covered when served in a contiguous dining area. The food service system shall be capable of keeping food hot or cold until served. A dumbwaiter or conveyor, which cab or carrier is used for the transport of soiled linen or soiled dishes, shall not be used for the transport of food.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8690 Floor Cleaning and Trash

Subpart 1. Cleaning during food preparation.

There shall be no major sweeping or mopping in the kitchen during the time of food preparation.

Subp. 2. Nondietary activity trash, restrictions.

Trash or refuse unrelated to dietary activities shall not be transported through food preparation areas or food storage areas for disposal or incineration.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8700 Dishes and Utensils Requirements

Dishes and utensils:

A. Only dishes and utensils with the original smooth finishes shall be used. Cracked, chipped, scratched, or permanently stained dishes, cups, or glasses or damaged, corroded, or open seamed utensils or cookware shall not be used. All tableware and cooking utensils shall be kept in enclosed storage compartments.

B. Accessories for food appliances shall be provided with protective covers unless in enclosed storage.

C. Enclosed lowerators for dishes are acceptable.

D. Machine washed silverware (flatware) shall be washed in approved perforated containers, and stored with the handles up in the same containers.

E. Dishes or plate settings shall not be set out on the tables more than two hours before serving time.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8800 Dishwashing

The dishwashing operation shall provide proper separation in the handling of soiled and clean dishes and utensils, and shall conform with either of the following procedures for washing, rinsing, sanitizing, and drying.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.8810 Hot Water Sanitizing

The dishwashing machine shall be operated in accordance with the manufacturer's instructions which shall be posted nearby; see part 4660.8000, subpart 9. The flow pressure shall be maintained between 15 and 25 pounds per square inch (psi) at the dishwasher. The temperatures of the water shall be maintained at 140 to 160 degrees Fahrenheit for the washing cycle, and at 170 degrees Fahrenheit for the rinsing and sanitizing cycle, both temperatures measured at tray level. If the same person handles both soiled and clean dishes, the person shall wash his or her hands between operations. Dishes and utensils shall be air dried.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.8820 Chemical Sanitizing

Subpart 1. Dishwashing equipment.

A. Dishwashing machines using chemicals for sanitizing shall bear the seal indicating that the machine meets the standards of the National Sanitation Foundation.

B. Each dishwashing machine shall be equipped with a visual or audible signaling device which indicates when the chemical sanitizing supply is empty. The signaling device shall be maintained in an operating condition.

C. The clean dish counter shall provide space for at least four racks of clean and sanitized dishes and utensils.

Subp. 2. Dishwashing operation.

A. The dishwashing machines shall be operated in accordance with the manufacturer's instructions which shall be posted nearby.

B. The temperature of the wash water shall not be less than 140 degrees Fahrenheit (60 degrees Celsius).

C. Chemicals added for sanitation purposes shall be automatically dispensed in accordance with the manufacturer's specifications for time and concentration.

D. The chemical sanitizing rinse water temperature shall not be less than 75 degrees Fahrenheit (24 degrees Celsius) nor less than the temperature specified by the machine manufacturer as indicated on the NSF data plate.

E. All chemical sanitizers used in the dishwashing machines shall bear labeling indicating that the chemical sanitizers are registered by the Environmental Protection Agency and shall contain specific instructions for use.

F. If the same person handles both soiled and clean dishes, the person shall wash his or her hands between operations. Dishes and utensils shall be air dried.

G. The dishwashing machine shall be thoroughly cleaned at least once a day in accordance with the manufacturer's recommendation.

Subp. 3. Test kit to measure concentration of sanitizing solution.

A. A test kit or other device that accurately measures the parts per million concentration of the sanitizing solution shall be available and used in accordance with this section.

B. The concentration level shall be tested in accordance with the manufacturer's instruction each day the machine is used.

C. The results of the testing shall be recorded in a written log which specifies the result of the test and shall be signed by the individual making the test. The log shall include the name of the chemical used and the manufacturer's recommended concentration of the chemical. This written log shall be maintained for the previous three months.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08
History: 17 SR 1279

Minn. R. 4655.8830 Hand Washing of Pots and Pans

A three-compartment scullery sink, see part 4660.4910, subpart 4, shall be utilized as follows for a complete washing cycle by hand of pots and pans. The first compartment is for soaking and washing, the second compartment is for rinsing, and the third compartment for sanitizing. Sanitizing is accomplished by complete immersion for at least two minutes in 170 degree Fahrenheit water. A unit heater capable of maintaining the water in the sanitizing compartment at 170 degrees Fahrenheit shall be provided, including a long-handled wire basket for the removal of the sanitized items. The temperature shall be monitored with a thermometer. If the mechanical dishwasher is used for sanitizing of pots and pans, a sanitizing compartment is not required. Only air drying is permitted.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9000 Housekeeping

Subpart 1. General requirements.

The entire facility, including walls, floors, ceilings, registers, fixtures, equipment, and furnishings shall be maintained in a clean, sanitary, and orderly condition throughout and shall be kept free from offensive odors, dust, rubbish, and safety hazards. Accumulation of combustible material or waste in unassigned areas is prohibited.

Subp. 2. Development of cleaning program.

A program shall be established for routine housekeeping. Besides the daily duties, the program shall include policies and procedures for any special cleaning necessary.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9010 Solid Waste Disposal

Subpart 1. General requirements.

Solid wastes, including garbage, rubbish, and other refuse shall be collected, stored, and disposed of in a manner that will not create a nuisance or fire hazard, nor provide a breeding place for insects or rodents.

Subp. 2. Container requirements.

All containers for the collection and storage of garbage and refuse shall be of seamless watertight construction with tightly fitting covers, and be kept in a sanitary condition. Containers shall be stored in a safe location pending removal of contents, and shall be removed from the building and cleaned at frequent intervals.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9020 Housekeeping Supplies

Subpart 1. Janitor's closet.

The janitor's closets and all other areas used by the housekeeping personnel shall be kept in a clean, sanitary, and orderly condition.

Subp. 2. Mops and buckets cleaning.

Mop buckets shall be emptied after each cleaning, and mopheads shall be washed after each use and replaced as often as necessary.

Subp. 3. Storage of housekeeping supplies.

Housekeeping supplies shall be stored at least eight inches off the floor to facilitate cleaning.

Subp. 4. Labeling of housekeeping supplies.

Disinfectants, pesticides, and other toxic substances shall be clearly identified and stored in a locked enclosure or cabinet.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9030 Deodorizers

Deodorizers or aerosols shall not be used as a substitute for acceptable ventilation, nor shall they be used to mask odors resulting from ineffective housekeeping or sanitation. Ozone generators are not permitted.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9040 Insect and Rodent Control

Any condition on the site or in the facility conducive to the harborage or breeding of insects, rodents, or other vermin shall be eliminated immediately. A continuous pest control program shall be maintained by qualified personnel and all chemical substances of a poisonous nature used for pest control shall be identified and stored in a locked space.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9050 Shelving

All shelving shall be provided with a surface finish which is smooth and easily cleaned.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9060 Screens

Outside openings such as doors, operable windows, or louvers shall be protected with screens to prevent the entrance of flies, mosquitoes, and other insects with screening material no larger than 16 mesh per square inch. Screen doors shall open in the direction of exit traffic and be equipped with self-closing devices. Screen doors are not required on main entrances to facilities, unless such doors are kept open. Outside open drain outlets shall be screened to prevent the entrance of rodents.

History

Statutory Authority: MS s 144.56; 144A.02 to 144A.08

Minn. R. 4655.9070 [Repealed, 21 SR 196]

[Repealed, 21 SR 196]

Minn. R. 4655.9200 $50 Penalty for Noncompliance

A $50 penalty assessment will be issued under the provisions of Minnesota Statutes, section 144.653, subdivision 6, for noncompliance with correction orders relating to the parts of these rules listed in items A to K:

A. parts 4655.0300, subparts 4 and 5; 4655.0310; 4655.0600; 4655.0700; and 4655.0800;

B. parts 4655.1200, subpart 1, item E; 4655.1700; and 4655.1400, items A, B, subitems (1) and (6), and D;

C. parts 4655.1910, subparts 1 to 4; 4655.2200; and 4655.2100;

D. parts 4655.2700 and 4655.2800;

E. parts 4655.3600; 4655.3700; 4655.3800; 4655.4200; and 4655.4400;

F. part 4655.5100;

G. parts 4655.7000, subpart 1, items B, C, D, and I; and 4655.7300, subparts 1 and 2;

H. part 4655.8300, subpart 6;

I. part 4655.8630, subpart 3;

J. parts 4655.9030 and 4655.9050; and

K. part 4660.4500.

History

Statutory Authority: MS s 144.653; 144A.04; 144A.08; 144A.10; 256B.431
History: 20 SR 303; 21 SR 196

Minn. R. 4655.9210 $250 Penalty for Noncompliance

A $250 penalty assessment will be issued under the provisions of Minnesota Statutes, section 144.653, subdivision 6, for noncompliance with correction orders relating to all other parts of these rules not specifically enumerated in part 4655.9200 or 4655.9250.

History

Statutory Authority: MS s 144.653; 144A.04; 144A.08; 144A.10
History: 21 SR 196

Minn. R. 4655.9250 Penalties for Boarding Care Homes

Subpart 1. Application.

Subparts 2 and 3 apply to boarding care homes only.

Subp. 2. $50 penalty assessment.

A $50 penalty assessment will be issued to a boarding care home under the provisions of Minnesota Statutes, section 144.653, subdivision 6 for noncompliance with correction orders relating to the following rules:

A. part 4638.0200, subpart 2;

B. part 4655.3600;

C. part 4655.4100;

D. part 4655.4110, subpart 2;

E. part 4655.4120, subpart 3;

F. part 4655.4150;

G. part 4655.4170;

H. part 4655.7000, subpart 2; and

I. part 4655.8820, subpart 1, item C.

Subp. 3. $250 penalty assessment.

A $250 penalty assessment will be issued to a boarding care home under the provisions of Minnesota Statutes, section 144.653, subdivision 6, for noncompliance with correction orders relating to part 4638.0200, subpart 3.

History

Statutory Authority: MS s 144.653

A. Minnesota Statutes, section 144.651, subdivision 4, $100;

B. Minnesota Statutes, section 144.651, subdivision 5, $250;

C. Minnesota Statutes, section 144.651, subdivision 6, $250;

D. Minnesota Statutes, section 144.651, subdivision 7, $100;

E. Minnesota Statutes, section 144.651, subdivision 8, $100;

F. Minnesota Statutes, section 144.651, subdivision 9, $250;

G. Minnesota Statutes, section 144.651, subdivision 10, $250;

H. Minnesota Statutes, section 144.651, subdivision 11, $100;

I. Minnesota Statutes, section 144.651, subdivision 12, $250;

J. Minnesota Statutes, section 144.651, subdivision 13, $500;

K. Minnesota Statutes, section 144.651, subdivision 14, $500;

L. Minnesota Statutes, section 144.651, subdivision 15, $250;

M. Except as noted in item N, a $100 penalty assessment shall be issued for a violation of Minnesota Statutes, section 144.651, subdivision 16;

N. A $250 penalty assessment shall be issued for a violation of that portion of Minnesota Statutes, section 144.651, subdivision 16, which states: "Patients and residents shall be assured confidential treatment of their personal and medical records, and may approve or refuse their release to any individual outside the facility.";

O. Minnesota Statutes, section 144.651, subdivision 17, $100;

P. Minnesota Statutes, section 144.651, subdivision 18, $250;

Q. Minnesota Statutes, section 144.651, subdivision 19, $250;

R. Minnesota Statutes, section 144.651, subdivision 20, $250;

S. A $250 penalty assessment shall be issued for a violation of the portions of Minnesota Statutes, section 144.651, subdivision 21, which state: "Patients and residents may associate and communicate privately with persons of their choice and enter and, except as provided by the Minnesota Commitment Act, leave the facility as they choose.... Personal mail shall be sent without interference and received unopened unless medically or programmatically contraindicated and documented by the physician in the medical record.";

T. A $250 penalty assessment shall be issued for a violation of the portions of Minnesota Statutes, section 144.651, subdivision 21, which state: "Patients and residents shall have access, at their expense, to writing instruments, stationery, and postage.... There shall be access to a telephone where patients and residents can make and receive calls as well as speak privately. Facilities which are unable to provide a private area shall make reasonable arrangements to accommodate the privacy of patients' or residents' calls.";

U. Minnesota Statutes, section 144.651, subdivision 22, $250;

V. Minnesota Statutes, section 144.651, subdivision 23, $250;

W. Minnesota Statutes, section 144.651, subdivision 24, $100;

X. Minnesota Statutes, section 144.651, subdivision 25, $250;

Y. Minnesota Statutes, section 144.651, subdivision 26, $250;

Z. Minnesota Statutes, section 144.651, subdivision 27, $250;

AA. Minnesota Statutes, section 144.651, subdivision 28, $250;

BB. Minnesota Statutes, section 144.651, subdivision 29, $250;

CC. Minnesota Statutes, section 144.651, subdivision 30, $250; and

DD. Minnesota Statutes, section 144.652, subdivision 1, $100.

History

Statutory Authority: MS s 144A.10
History: 8 SR 1524; 16 SR 484

Minn. R. 4655.9341 [Repealed, 21 SR 196]

[Repealed, 21 SR 196]

Minn. R. 4655.9342 Reporting Maltreatment of Vulnerable Adults; Fines

Penalty assessments for violations of Minnesota Statutes, section 626.557 are as follows:

A. Minnesota Statutes, section 626.557, subdivision 3, $250;

B. Minnesota Statutes, section 626.557, subdivision 3a, $100;

C. Minnesota Statutes, section 626.557, subdivision 4, $100;

D. Minnesota Statutes, section 626.557, subdivision 4a, $100;

E. Minnesota Statutes, section 626.557, subdivision 14, $100; and

F. Minnesota Statutes, section 626.557, subdivision 17, $250.

History

Statutory Authority: MS s 144A.04; 144A.08; 144A.10
History: 8 SR 1524; 21 SR 196

Chapter 4656 MEDICAL ASSISTANCE PROGRAM

Minn. R. 4656.0010 Scope

Parts 4656.0010 to 4656.0090 establish procedures for the assessment of the appropriateness and quality of care and services furnished to medical assistance sponsored residents of facilities certified for participation in the medical assistance program under United States Code, title 42, sections 1396 to 1396p, as amended through December 31, 1984. Parts 4656.0010 to 4656.0090 also establish procedures for the assessment of private paying residents in certified nursing homes and boarding care homes, under Minnesota Statutes, section 144.0721, and for the classification of medicaid sponsored and private paying residents in certified nursing homes and boarding care homes, under Minnesota Statutes, section 144.0722. Procedures for determining the operating cost payment rates for all certified nursing homes and boarding care homes are found in rules of the Department of Human Services, parts 9549.0051 to 9549.0059.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239; L 2014 c 192 art 4 s 2; L 2014 c 262 art 5 s 6

Minn. R. 4656.0020 Definitions

Subpart 1. Applicability.

As used in parts 4656.0010 to 4656.0090, the following terms have the meanings given them.

Subp. 2. Assessment form.

"Assessment form" means the form developed by the department's quality assurance and review program and used for performing resident assessments.

Subp. 3. Certified.

"Certified" means authorized to participate in the medical assistance program under United States Code, title 42, sections 1396 to 1396p as amended through July 18, 1984. Before certification, facilities must be licensed by the state under parts 4655.0090 to 4655.9900, and must also meet any additional requirements established by certification standards under the Social Security Act.

Subp. 4. Department.

"Department" means the Minnesota Department of Health.

Subp. 5. Guideline for Isolation Precautions in Hospitals.

"Guideline for Isolation Precautions in Hospitals" means the six guidelines written by Julia S. Garner, RN, and Bryan P. Simmons, MD, reprinted by the United States Department of Health and Human Services, Public Health Service, Center for Disease Control, from Infection Control July/August 1983 (Special Supplement); 4 (suppl): pages 245 to 325. The guidelines are incorporated by reference. They are available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, MN 55155. This material is not subject to frequent change.

Subp. 6. Medical plan of care.

"Medical plan of care" means documentation signed by the resident's physician which includes the resident's primary diagnoses, secondary diagnoses, orders for treatments and medications, rehabilitation potential, rehabilitation procedures if ordered, clinical monitoring procedures, and discharge potential.

Subp. 7. Private paying resident.

"Private paying resident" means a nursing home or boarding care home resident who is not a medical assistance recipient.

Subp. 8. Quality assurance and review or QA&R.

"Quality assurance and review" or "QA&R" means the program established under Minnesota Statutes, section 144.0721.

Subp. 9. Resident.

"Resident" means an individual residing in a facility certified for participation in the medical assistance program under United States Code, title 42, sections 1396 to 1396p as amended through July 18, 1984, unless otherwise provided in parts 4656.0010 to 4656.0090.

Subp. 10. Resident class.

"Resident class" means each of the 11 categories established in part 9549.0058.

Subp. 11. Resident plan of care.

"Resident plan of care" for residents of nursing facilities means the comprehensive care plan as set forth in Code of Federal Regulations, title 42, section 483.20, paragraph (d), as amended through October 1, 1992.

Subp. 12. Resident record.

"Resident record" means the entire record of a resident compiled by the nursing home or boarding care home. The resident record must include the following:

A. the admission record;

B. the medical plan of care;

C. the resident plan of care;

D. documentation from services providing care to the resident;

E. reports of any diagnostic testing, consultation, and other services;

F. a copy of any transfer data provided to another health care facility; and

G. a discharge summary.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239; 18 SR 2584; L 2014 c 192 art 4 s 2

Minn. R. 4656.0030 Annual Resident Assessment

Subpart 1. Inspection of care requirements.

The department shall annually assess the appropriateness and quality of care and services provided to medical assistance sponsored residents in every certified facility, and to private paying residents in certified nursing homes and boarding care homes. Assessments must be conducted in accordance with the inspection of care requirements established by Code of Federal Regulations, title 42, sections 456.600 to 456.614. However, provisions relating to recommendations for changes in the level of care provided shall not apply to private paying residents.

Subp. 2. Assessment process.

A registered nurse shall complete an assessment form for each resident at the time of the inspection undertaken pursuant to subpart 1. The assessment form shall be completed in accordance with procedures established in the Inspection of Care Instruction Manual with Procedures for Completing Case Mix Requests for Classification published by the department. Part IV C. and D. of the July 1987 version of the manual are incorporated by reference. This manual is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This material is not subject to frequent change. The completed assessment form must reflect the resident's needs at the time of the assessment. The assessment process includes observation of the resident, review of the medical record, and when necessary, staff interviews.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239

Minn. R. 4656.0040 Classification of Assessments

Within 15 working days of receiving assessment documents submitted under part 4656.0030, the department shall classify each resident of a certified nursing home or boarding care home into one of the resident classes prescribed by part 9549.0058, subparts 1 and 2, and mail a written notice of the classification to the resident and to the facility. The written notice must specify that the resident or the resident's authorized representative and the facility have the right to review the department's documents supporting the classification and to request a reconsideration of the classification. This notice must also include the address and telephone number of the area nursing home ombudsman.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239

Minn. R. 4656.0050 Review and Classification of Facility and Preadmission Screening Assessments

Subpart 1. Assessment instructions.

Assessment forms which are completed in accordance with part 9549.0059 must be completed by using the procedures established in the Facility Manual for Completing Case Mix Requests for Classification published by the Minnesota Department of Health. Part IV C. of the July 1987 version of the manual are incorporated by reference. This manual is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This material is not subject to frequent change.

Subp. 2. Classification or notification of incomplete assessments.

Within 15 working days of receiving a request for classification submitted under part 9549.0059, the department shall classify the resident into one of the resident classes established under part 9549.0058 or notify the individual completing the assessment or the facility furnishing the documentation of the need to submit additional information necessary for determining the classification.

Subp. 3. Requests requiring additional information.

When additional information requested under subpart 2 has been submitted and the department has determined that the request for classification is complete and accurate, the department shall classify the resident into one of the resident classes established under part 9549.0058 and mail a written notice of the classification to the resident and to the resident's facility within 15 working days.

Subp. 4. Classification notice.

Classification notices provided under this part must include the resident's classification, as well as a statement which informs the resident, the resident's authorized representative, and the facility of the right to review the department's documents supporting the classification and to request a reconsideration of the classification. This notice must also include the address and telephone number of the area nursing home ombudsman.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239

Minn. R. 4656.0060 Classification Notices; Facility Duty

Within three working days of receipt of the notice, the facility must provide the resident, the person responsible for the resident's payment, or another person designated by the resident with every classification notice mailed to the facility by the department under parts 4656.0040, 4656.0050, and 4656.0080. If the resident's classification has changed, the facility must include the current rate for the new classification with the classification letter. When the private paying resident is not responsible for payment, the classification letter must be sent to the person who is responsible for payment or to the person designated by the resident.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239

Minn. R. 4656.0070 Resident Classification; Reconsideration

Subpart 1. Reconsideration permitted.

The facility, the resident, or the resident's authorized representative may request that the department reconsider the classification.

Subp. 2. Request for reconsideration.

A reconsideration request must be submitted in accordance with the provisions of Minnesota Statutes, section 144.0722, subdivisions 3, 3a, and 3b.

Subp. 3. Review of requests and notification.

The department shall review the requests for reconsideration, affirm or modify the resident's classification, and notify the resident and the facility by letter of the classification within 20 working days.

Subp. 4. Status of initial classification.

The resident classification established by the department must be the classification that applies to the resident while the request for reconsideration is pending.

Subp. 5. Additional information.

The department reserves the right to request additional documentation regarding a reconsideration necessary to make an accurate reconsideration determination.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239

Minn. R. 4656.0080 Audits of Assessments of Nursing Home Residents

Subpart 1. Audit types.

The department shall audit the accuracy of resident assessments performed under parts 9549.0051 to 9549.0059 through desk audits and on-site review of residents and their records. The department shall reclassify a resident it determines to have been incorrectly classified.

Subp. 2. Unannounced audits.

The department is authorized to conduct on-site audits on an unannounced basis.

Subp. 3. Access to records.

Facilities shall grant the department access during regular business hours, to examine the medical records relating to the resident assessments selected for audit under this part. For the purpose of clarifying or substantiating these records, the department may also speak to facility staff and physically observe the resident.

Subp. 4. Documentation time frame.

The department shall consider the following documentation, as relevant to the audit process:

A. documentation recorded in the resident record up to four days after the date the resident returns from the hospital, but only as the documentation relates to the resident's condition at the time the resident is assessed under part 9549.0059, subpart 4, item A;

B. documentation recorded in the resident record up to nine days after the date the resident is admitted to the nursing home, but only as the documentation relates to the resident's condition at the time the resident is assessed under part 9549.0059, subpart 1; and

C. documentation recorded in the resident record up to the time the resident is assessed under parts 9549.0059, subpart 2 or subpart 4, item B and 4656.0030.

Subp. 5. Routine audits procedures.

Facilities will be routinely audited at least once per calendar year in accordance with the following procedures:

A. The department shall select for audit either ten percent or ten, whichever is greater, of the assessments submitted in accordance with part 9549.0059, subpart 2, or ten percent or ten, whichever is greater, of the assessments submitted during the previous four months in accordance with part 9549.0059, subparts 1 and 4.

B. If more than 20 percent of the assessments audited under item A contain errors that could result in a change of classification, the auditors shall remain on-site and audit a second sample equal in size and selected from the same types of assessments as in item A.

C. If more than 35 percent of the assessments audited under items A and B contain errors that could result in a change of classification, the facility may be subject to an additional audit of up to 100 percent of the assessments. The decision of whether or not to schedule a 100 percent audit shall be made by the program manager of the Quality Assurance and Review Section and based upon a review of the case mix index, the remaining classifications not audited, a determination of the effect of the unaudited classifications on the case mix index, and staff availability.

Subp. 6. Special audits.

The department may conduct special audits if it determines that circumstances exist that could alter or affect the validity of case mix classifications of residents. Examples of circumstances include the following: frequent changes in the administration or management of the facility; an unusually high percentage of residents in a specific case mix classification; a high frequency in the number of reconsideration requests received from a facility; frequent adjustments of case mix classifications as the result of reconsiderations or audits; a criminal indictment alleging provider fraud; or other similar factors that relate to a facility's ability to conduct accurate assessments.

Subp. 7. Notice to facility.

No exit interview will be conducted at the facility to discuss the preliminary findings of the department. Within 15 working days of completing the audit process, the department shall mail the written results of the audit to the facility, along with a written notice to the resident and to the facility which contains the resident's classification and a statement informing the resident, the resident's authorized representative, and the facility of their right to review the department's documents supporting the classification and to request a reconsideration of the classification. This notice must also include the address and telephone number of the area nursing home ombudsman.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239; 18 SR 2584; L 2014 c 262 art 5 s 6

Minn. R. 4656.0090 Death, Discharge, and Change of Payment Source Information

Every quarter, certified facilities shall provide updated information to the department relating to the deaths, discharges, and changes in payment source when the resident payment goes from private pay to medicaid sponsored that occurred within the facility the previous quarter. Facilities may elect to report payment source changes from private pay to Medicaid sponsored on either a monthly or quarterly basis. This information must be provided on forms developed by the department.

History

Statutory Authority: MS s 144.072; 256B.502
History: 12 SR 239; 18 SR 2584

Chapter 4658 NURSING HOMES

Minn. R. 4658.0010 Definitions

Subpart 1. Scope.

The terms used in parts 4658.0010 to 4658.5590 have the meanings given them in this part.

Subp. 1a. Addition of new resident services.

"Addition of new resident services" means the commencement of a resident service, such as physical or occupational therapy, that is not being provided for the residents as of November 12, 1996.

Subp. 1b. Changes in existing resident services.

"Changes in existing resident services" means the conversion of existing facility space used for resident services from one function to another function.

Subp. 2. Convalescent and nursing care (C&NC) unit.

"Convalescent and nursing care (C&NC) unit" means a nursing home unit operated in conjunction with a hospital where there is a direct physical connection between the unit and the hospital which permits the movement of the residents and the provision of services without going outside the building or buildings involved. The units are subject to this chapter.

Subp. 3. Department.

"Department" means the Minnesota Department of Health.

Subp. 4. Existing facility.

"Existing facility" means a licensed nursing home or nursing home space that was in place before November 13, 1995. All existing facilities will be deemed to be in substantial compliance with the physical plant requirements for new construction, except as noted in this chapter. Existing facilities must, at a minimum, maintain compliance with the rules applicable at the time of their construction.

Subp. 4a. Food service equipment.

"Food service equipment" means all machinery, appliances, equipment, or supplies which are used in the storage, preparation, or serving of food as part of the nursing home's food service program.

Subp. 4b. Food storage equipment.

"Food storage equipment" means food service equipment that is used in the cold and dry storage of food and supplies as part of the nursing home's food service program.

Subp. 5. Licensee.

"Licensee" means the person or governing body to whom the license is issued. The licensee is responsible for compliance with this chapter.

Subp. 5a. New construction.

"New construction" means any addition to, or replacement of, a nursing home after November 12, 1996, that results in new facility space for the operation of the nursing home. The term new construction as used in this chapter includes the erection of new facility space, addition to existing facility space, and any existing facility space converted in order to be licensed under this chapter.

Subp. 6. Nurse.

"Nurse" means a registered nurse or a licensed practical nurse licensed by the Minnesota Board of Nursing, or exempt from licensure and practicing in accordance with Minnesota Statutes, sections 148.171 to 148.285.

Subp. 7. Nurse practitioner.

"Nurse practitioner" means a registered nurse who has graduated from a program of study designed to prepare a registered nurse for advanced practice as a nurse practitioner and who is certified through a national professional nursing organization listed in part 6330.0350.

Subp. 7a. Nursing area.

"Nursing area" means an area within the nursing home that is served by a single nurses' station.

Subp. 8. Nursing assistant.

"Nursing assistant" means a nursing home employee who is assigned by the director of nursing services to provide or assist in the provision of nursing or nursing-related services under the supervision of a registered nurse. Nursing assistant includes nursing assistants employed by nursing pool companies but does not include a licensed health professional.

Subp. 9. Nursing care.

"Nursing care" has the meaning given it in Minnesota Statutes, section 144A.01, subdivision 6.

Subp. 10. Nursing home.

"Nursing home" has the meaning given it in Minnesota Statutes, section 144A.01, subdivision 5.

Subp. 11. Nursing personnel.

"Nursing personnel" means registered nurses, licensed practical nurses, and nursing assistants.

Subp. 12. Physician.

"Physician" means a person licensed by the Minnesota Board of Medical Practice, or exempt from licensure, and practicing in accordance with Minnesota Statutes, chapter 147.

Subp. 13. Physician designee.

"Physician designee" means a nurse practitioner or physician assistant who has been authorized in writing by the physician to perform medical functions.

Subp. 13a. Redecoration.

"Redecoration" means the repainting of walls or ceilings, or the covering or recovering of walls, ceilings, or floors with suitable interior finishing materials.

Subp. 13b. Remodel.

"Remodel" means reconstruction of existing facility space, including floors, walls, and ceilings. Remodel includes reconstruction work necessary to change the function of the facility space or to facilitate a change in operating capability or physical composition of existing equipment, fixtures, or appurtenances.

Subp. 13c. Replace-in-kind.

"Replace-in-kind" means the removal of mechanical or electrical equipment or construction materials from facility space and subsequent installation of new or used equipment or construction materials with similar operating capability, function, and physical composition.

Subp. 14. Resident.

"Resident" means an individual cared for in a nursing home.

Subp. 14a. Room.

"Room" means a space within the facility that has access to the corridor and is totally enclosed with permanently constructed full height walls.

Subp. 14b. Shelf.

"Shelf" means a horizontal surface manufactured of noncorrosive, cleanable materials.

Subp. 15. Time periods.

"Time periods" means the minimum and maximum time allowed to complete an activity. For purposes of this chapter, time periods means:

A. "Weekly" means a time period which requires an activity to be completed at least 52 times a year within intervals ranging from six to eight days.

B. "Monthly" means a time period which requires an activity to be completed at least 12 times a year within intervals ranging from 27 to 33 days.

C. "Quarterly" means a time period which requires an activity to be performed at least four times a year within intervals ranging from 81 to 99 days.

Subp. 16. Volunteer.

"Volunteer" means a person who, without monetary or other compensation, provides services to residents or to the nursing home.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303; 21 SR 196

Minn. R. 4658.0015 Compliance with Regulations and Standards

A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0020 Licensing in General

Subpart 1. Required.

For the purpose of this chapter, a state license is required for a facility where nursing home care is provided for five or more aged or infirm persons who are not acutely ill.

Subp. 2. License fees.

Each application for either an initial or renewal license to operate a nursing home must be accompanied by a fee based upon the formula as provided by Minnesota Statutes, section 144.122. A bed must be licensed if it is available for use by residents. If the number of licensed beds is increased during the term of the license, a full year's fee for each additional bed must be paid. There is no refund for a decrease in licensed beds.

Subp. 3. License expiration date.

Initial and renewal licenses are issued for one year and expire on the anniversary date of issuance. A license renewal must be applied for on an annual basis.

Subp. 4. License to be posted.

The license must be posted at the main entrance of a nursing home.

Subp. 5. Separate licenses.

Separate licenses are required for institutions maintained on separate, noncontiguous premises even though operated under the same management. A separate license is not required for separate buildings maintained by the same owner on the same premises.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0025 Procedures for Licensing Nursing Homes

Subpart 1. Initial licensure.

For the purpose of this part, initial licensure applies to newly constructed facilities designed to operate as a nursing home and to other facilities not already licensed as a nursing home. Applicants for initial licensure must complete the license application form supplied by the department. An application for initial licensure must be submitted at least 90 days before the requested date for licensure and must be accompanied by a license fee based upon the formula as provided by Minnesota Statutes, section 144.122.

To be issued a license, an applicant must file with the department a current copy of the architectural and engineering plans and specifications of the facility as prepared and certified by an architect or engineer registered to practice in Minnesota.

If the applicant for licensure is a corporation, it must submit with the application a copy of its articles of incorporation and bylaws. A foreign corporation must also submit a copy of its certificate of authority to do business in Minnesota. The department will issue the initial license as of the date the department determines that the nursing home is in compliance with parts 4655.0090 to 4655.9342, 4658.0010 to 4658.1365, 4660.0090 to 4660.9940, and Minnesota Statutes, sections 144A.01 to 144A.16, unless the applicant requests a later date.

Subp. 2. Renewed licenses.

An applicant for license renewal must complete the license application form supplied by the department. An application must be submitted at least 60 days before the expiration of the current license and must be accompanied by a license fee based upon the formula as provided by Minnesota Statutes, section 144.122. The department will issue a renewed license if a nursing home continues to satisfy the requirements of parts 4655.0090 to 4655.9342, 4658.0010 to 4658.1365, 4660.0100 to 4660.9940, and Minnesota Statutes, sections 144A.01 to 144A.16.

If the licensee is a corporation, it must submit any amendments to its articles of incorporation or bylaws with the renewal application.

If the renewal application specifies a different licensed capacity from that provided on the current license, the licensee must comply with subpart 6. If the changes are not approved before the current license expires, the renewed license will be issued without reflecting the requested changes.

Subp. 3. Transfer of interest; notice.

A controlling person, as defined in Minnesota Statutes, section 144A.01, subdivision 4, who transfers a beneficial interest in the nursing home must notify the department, in writing, at least 14 days before the date of the transfer. The written notice must contain the name and address of the transferor, the name and address of the transferee, the nature and amount of the transferred interests, and the date of the transfer.

Subp. 4. Transfer of interest; expiration of license.

A transfer of a beneficial interest will result in the expiration of the nursing home's license:

A. if the transferred beneficial interest exceeds ten percent of the total beneficial interest in the licensee, in the structure in which the nursing home is located, or in the land upon which the nursing home is located, and if, as the result of the transfer, the transferee then possesses a beneficial interest in excess of 50 percent of the total beneficial interest in the licensee, in the structure in which the nursing home is located, or in the land upon which the nursing home is located; or

B. if the transferred beneficial interest exceeds 50 percent of the total beneficial interest in the licensee, the structure in which the nursing home is located, or in the land upon which the nursing home is located. Under either of these conditions, the nursing home license expires at the time of relicensure, 90 days after the date of the transfer, or 90 days after the date when notice of transfer is received, whichever date is later. If the current license expires before the end of the 90-day period, the licensee must apply for a renewed license in accordance with subpart 2. The department must notify the licensee by certified mail at least 60 days before the license expires.

Subp. 5. Transfer of interest; relicensure.

A controlling person may apply for relicensure by submitting the license application form at least 60 days before the license expiration date. Application for relicensure must be accompanied by a license fee based upon the formula as provided by Minnesota Statutes, section 144.122. Payment of any outstanding penalty assessments must be submitted before the application for relicensure may be acted upon by the department. If the applicant for relicensure is a corporation, it must submit a copy of its current articles of incorporation and bylaws with the license application. A foreign corporation must also submit a copy of its certificate of authority to do business in Minnesota. The department will relicense the nursing home as of the date the commissioner determines that the prospective licensee complies with parts 4655.0090 to 4655.9342, 4658.0010 to 4658.1365, 4660.0100 to 4660.9940, and Minnesota Statutes, sections 144A.01 to 144A.16, unless the applicant requests a later date. The former licensee remains responsible for the operation of the nursing home until the nursing home is relicensed.

Subp. 6. Amendment to the license.

If the nursing home requests a change in its licensed capacity or in its license classification, it must submit the request on the application for amendments to the license. This application must be submitted at least 30 days before the requested date of change and if an increase in the number of licensed beds is requested, accompanied by a fee based upon the formula as provided by Minnesota Statutes, section 144.122. The department will amend the license as of the date the department determines that the nursing home is in compliance with parts 4655.0090 to 4655.9342, 4658.0010 to 4658.1365, 4600.0100 to 4660.9940, and Minnesota Statutes, sections 144A.01 to 144A.16, unless a later date is requested by the licensee. The amendment to a license is effective for the remainder of the nursing home's licensure year.

Subp. 7. Issuing conditions or limitations on the license.

The department must attach to the license any conditions or limitations necessary according to subpart 8 to assure compliance with the laws and rules governing the operation of the nursing home or to protect the health, treatment, safety, comfort, and well-being of the nursing home residents. A condition or limitation may be attached to a license at any time.

Subp. 8. Reasons for conditions or limitations.

In deciding to condition or limit a license the department must consider:

A. the nature and number of correction orders or penalty assessments issued to the nursing home or to other nursing homes having some or all of the same controlling persons;

B. the permitting, aiding, or abetting of the commission of any illegal act in the nursing home by any of the controlling persons or employees of the nursing home;

C. the performance of any acts contrary to the welfare of the residents in a nursing home by a controlling person or employee;

D. the condition of the physical plant or physical environment;

E. the existence of any outstanding variances or waivers; or

F. the number or types of residents the nursing home is able to provide for.

Subp. 9. Types of conditions or limitations.

The department must impose one or more of the following conditions or limitations for reasons determined under subpart 8:

A. restrictions on the number or types of residents to be admitted or permitted to remain in the nursing home;

B. restrictions on the inclusion of specified individuals as controlling persons or managerial employees; or

C. imposition of schedules for the completion of specified activities.

Subp. 10. Statement of conditions or limitations.

The department must notify the applicant or licensee, in writing, of its decision to issue a conditional or limited license. The department must inform the applicant or licensee of the reasons for the condition or limitation and of the right to appeal.

Unless otherwise specified, a condition or limitation remains valid as long as the licensee of the nursing home remains unchanged or as long as the reason for the condition or limitation exists. The licensee must notify the department when the reasons for the condition or limitation no longer exist. If the department determines that the condition or limitation is no longer required, it will be removed from the license.

The existence of a condition or limitation must be noted on the face of the license. If the condition or limitation is not fully stated on the license, the department's licensure letter containing the full text of the condition or limitation must be posted alongside the license in an accessible and visible location.

Subp. 11. Effect of a condition or limitation.

A condition or limitation has the force of law. If a licensee fails to comply with a condition or limitation, the department may issue a correction order or assess a fine or it may suspend, revoke, or refuse to renew the license in accordance with Minnesota Statutes, section 144A.11.

If the department assesses a fine, the fine is $250. The fine accrues on a daily basis according to Minnesota Statutes, section 144A.10.

Subp. 12. Appeal procedure.

The applicant or licensee may contest the issuance of a conditional or limited license by requesting a contested case proceeding under the Administrative Procedure Act, Minnesota Statutes, sections 14.57 to 14.69, within 15 days after receiving the notification described in subpart 10. The request for a hearing must set out in detail the reasons why the applicant contends that a conditional or limited license should not be issued.

Subp. 13. License application forms.

The department will furnish the applicant or the licensee with the necessary forms to obtain initial or renewed licensure or to request relicensure of the nursing home after a transfer of interest. The license forms must require that the information described in subparts 14 to 16 be provided.

Subp. 14. General information.

General information means:

A. the name, address, and telephone number of the nursing home;

B. the name of the county in which the nursing home is located;

C. the legal property description of the land upon which the nursing home is located;

D. the licensed bed capacity;

E. the designation of the classification of ownership, for example, state, county, city, city and county, hospital district, federal, corporation, nonprofit corporation, partnership, sole proprietorship, or other entity;

F. the name and address of the controlling person or managerial employee who will be responsible for communicating with the commissioner of health on all matters relating to the nursing home license and on whom personal service of all notices and orders will be served; and

G. the location and square footage of the floor space constituting the facility.

Subp. 15. Disclosure of controlling persons.

According to Minnesota Statutes, section 144A.03, the nursing home license application must identify the name and address of all controlling persons of the nursing home, as defined in Minnesota Statutes, section 144A.01, subdivision 4.

Subp. 16. Disclosure of managerial employees.

A nursing home license application must identify the name and address of all administrators, assistant administrators, directors of nursing, medical directors, and all other managerial employees, as defined in Minnesota Statutes, section 144A.01, subdivision 8, and indicate their previous work experience in nursing homes during the past two years.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0030 Capacity Prescribed

Each license must specify the maximum allowable number of residents to be cared for at any one time. No number of residents in excess of that number may reside in the nursing home. The maximum number of licensed beds is determined by the amount of space that is available in the facility as specified in chapter 4660.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0035 Evaluation

A nursing home is subject to evaluation and approval by the department of the nursing home's physical plant and its operational aspects before a change in ownership, classification, capacity, or an addition of services which necessitates a change in the nursing home's physical plant.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0040 Variance and Waiver

Subpart 1. Request for variance or waiver.

A nursing home may request that the department grant a variance or waiver from the provisions of this chapter. A request for a variance or waiver must be submitted to the department in writing. Each request must contain:

A. the specific part or parts for which the variance or waiver is requested;

B. the reasons for the request;

C. the alternative measures that will be taken if a variance or waiver is granted;

D. the length of time for which the variance or waiver is requested; and

E. other relevant information necessary to properly evaluate the request for the variance or waiver.

Subp. 2. Criteria for evaluation.

The decision to grant or deny a variance or waiver must be based on the department's evaluation of the following criteria:

A. whether the variance or waiver adversely affects the health, treatment, comfort, safety, or well-being of a resident;

B. whether the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in this chapter; and

C. whether compliance with the part or parts would impose an undue burden upon the applicant.

Subp. 3. Notification of variance.

The department must notify the applicant in writing of its decision. If a variance or waiver is granted, the notification must specify the period of time for which the variance or waiver is effective and the alternative measures or conditions, if any, to be met by the applicant.

Subp. 4. Effect of alternative measures or conditions.

Alternative measures or conditions attached to a variance or waiver have the force and effect of this chapter and are subject to the issuance of correction orders and penalty assessments in accordance with Minnesota Statutes, section 144A.10.

The amount of fines for a violation of this part is that specified for the particular rule for which the variance or waiver was requested.

Subp. 5. Renewal.

A request for the renewal of a variance or waiver must be submitted in writing at least 45 days before its expiration date. Renewal requests must contain the information specified in subpart 1. A variance or waiver must be renewed by the department if the applicant continues to satisfy the criteria in subparts 2 and 3, and demonstrates compliance with the alternative measures or conditions imposed at the time the original variance or waiver was granted.

Subp. 6. Denial, revocation, or refusal to renew.

The department must deny, revoke, or refuse to renew a variance or waiver if it is determined that the criteria in subparts 2 and 3 are not met. The applicant must be notified in writing of the reasons for the decision and informed of the right to appeal the decision.

Subp. 7. Appeal procedure.

An applicant may contest the denial, revocation, or refusal to renew a variance or waiver by requesting a contested case hearing under Minnesota Statutes, chapter 14. The applicant must submit, within 15 days of the receipt of the department's decision, a written request for a hearing. The request for hearing must set forth in detail the reasons why the applicant contends the decision of the department should be reversed or modified. At the hearing, the applicant has the burden of proving that it satisfied the criteria specified in subparts 2 and 3, except in a proceeding challenging the revocation of a variance or waiver.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0045 Penalties for Licensing Rule Violations

Penalty assessments will be assessed on a daily basis for violations of parts 4658.0010 to 4658.0035 and are as follows:

A. part 4658.0020, subparts 1, 2, and 3, $250;

B. part 4658.0020, subparts 4 and 5, $50;

C. part 4658.0025, $250;

D. part 4658.0030, $100; and

E. part 4658.0035, $100.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0050 Licensee

Subpart 1. General duties.

The licensee of a nursing home is responsible for its management, control, and operation. A nursing home must be managed, controlled, and operated in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.

Subp. 2. Specific duties.

The licensee must develop written bylaws or policies for the management and operation of the nursing home and for the provision of resident care, which must be available to all members of the governing body, and must assume legal responsibility for matters under its control, for the quality of care rendered and for compliance with laws and rules relating to the safety and sanitation of nursing homes, or which otherwise relate directly to the health, welfare, and care of residents.

Subp. 3. Responsibilities.

A licensee is responsible for the duties in items A to F.

A. Full disclosure of each person having an interest of ten percent or more of the ownership of the home to the department with any change reported in writing within 14 days after the licensee knew of or should have known of the transfer, whichever occurs first. In case of corporate ownership, the name and address of each officer and director must be specified. If the home is organized as a partnership, the name and address of each partner must be furnished. In the case of a home operated by a lessee, the persons or business entities having an interest in the lessee organization must be reported and an executed copy of the lease agreement furnished. If the home is operated by the holder of a franchise, disclosure must be made as to the franchise holder who must also furnish an executed copy of the franchise agreement.

B. Appointment of a licensed nursing home administrator who is responsible for the operation of the home in accordance with law and established policies and whose authority to serve as administrator is delegated in writing.

C. Notification of the termination of service of the administrator and the appointment of a replacement within five working days in writing to the department. If a licensed nursing home administrator is not available to assume the position immediately, notification to the department must include the name of the person temporarily in charge of the home. The governing body of a nursing home must not employ an individual as the permanent administrator until it is determined that the individual qualifies for licensure as a nursing home administrator in Minnesota under Minnesota Statutes, section 144A.04. The governing body of the nursing home must not employ an individual as an acting administrator or person temporarily in charge for more than 30 days unless that individual has secured an acting administrator license, as required by Minnesota Statutes, section 144A.27.

D. Provision of an adequate and competent staff and maintenance of professional standards in the care of residents and operation of the nursing home.

E. Provision of facilities, equipment, and supplies for care consistent with the needs of the residents.

F. Provision of evidence of adequate financing, proper administration of funds, and the maintenance of required statistics. A nursing home must have financial resources at the time of initial licensure to permit full service operation of the nursing home for six months without regard to income from resident fees.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0055 Administrator

Subpart 1. Designation.

A nursing home must designate a licensed nursing home administrator to be in immediate charge of the operation and administration of the nursing home, whether that individual is the licensee or a person designated by the licensee. The individual must have authority to carry out the provisions of this chapter and must be charged with the responsibility of doing so.

Subp. 2.

[Repealed, L 2001 c 69 s 2]

Subp. 3. Administrator's absence; requirements.

The administrator must not leave the premises without delegating authority to a person who is at least 21 years of age and capable of acting in an emergency and without giving information as to where the administrator can be reached. At no time may a nursing home be left without competent supervision. The person left in charge must have the authority to act in an emergency.

Subp. 4. Notice of person in charge.

The name of the person in charge at the time must be posted at the main entrance of the nursing home.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303; L 2001 c 69 s 2

Minn. R. 4658.0060 Responsibilities of Administrator

The administrator is responsible for the:

A. maintenance, completion, and submission of reports and records as required by the department;

B. formulation of written policies, procedures, and programs for operation, management, and maintenance of the nursing home;

C. current personnel records for each employee according to part 4658.0130;

D. written job descriptions for all positions which define responsibilities, duties, and qualifications that are readily available for all employees;

E. work assignments consistent with qualifications and the work load;

F. maintenance of a weekly time schedule which shows each employee's name, job title, hours of work, and days off for each day of the week. The schedule must be dated and communicated to employees. The schedules and time cards, payroll records, or other written documentation of actual time worked and paid for must be kept on file in the home for three years;

G. orientation for new employees and volunteers and provision of a continuing in-service education program for all employees and volunteers to give assurance that they understand the proper method of carrying out all procedures;

H. establishment of a recognized accounting system; and

I. the development and maintenance of channels of communications with employees, including:

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0065 Resident Safety and Disaster Planning

Subpart 1. Safety program.

A nursing home must develop and implement an organized safety program in accordance with a written safety plan. The written plan must be included in the orientation and in-service training programs of all employees and volunteers to ensure safety of residents at all times.

Subp. 2. Security of physical plant.

A nursing home must have a method of ensuring the security of exit doors leading directly to the outside which are not under direct observation from the nurses' station.

Subp. 3. Written disaster plan.

A nursing home must have a written disaster plan specific to the nursing home with procedures for the protection and evacuation of all persons in the case of fire or explosion or in the event of floods, tornadoes, or other emergencies. The plan must include information and procedures about the location of alarm signals and fire extinguishers, frequency of drills, assignments of specific tasks and responsibilities of the personnel on each shift, persons and local emergency departments to be notified, precautions and safety measures during tornado alerts, procedures for evacuation of all persons during fire or floods, planned evacuation routes from the various floor areas to safe areas within the building, or from the building when necessary, and arrangements for temporary emergency housing in the community in the event of total evacuation.

Subp. 4. Availability of disaster plan.

Copies of the disaster plan containing the basic emergency procedures must be posted at all nurses' stations, kitchens, laundries, and boiler rooms. Complete copies of the detailed disaster plan must be available to all supervisory personnel.

Subp. 5. Drills.

Residents do not need to be evacuated during a drill except when an evacuation drill is planned in advance.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0070 Quality Assessment and Assurance Committee

A nursing home must maintain a quality assessment and assurance committee consisting of the administrator, the director of nursing services, the medical director or other physician designated by the medical director, and at least three other members of the nursing home's staff, representing disciplines directly involved in resident care. The quality assessment and assurance committee must identify issues with respect to which quality assurance activities are necessary and develop and implement appropriate plans of action to correct identified quality deficiencies. The committee must address, at a minimum, incident and accident reporting, infection control, and medications and pharmacy services.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0075 Outside Resources

If a nursing home does not employ a qualified professional person to furnish a specific service to be provided by the nursing home, the nursing home must have that service furnished to residents under a written agreement with a person or agency outside the nursing home. The written agreement must specify that the service meets professional standards and principles that apply to professionals providing services in a nursing home, and that the service meets the same standards as required by this chapter.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0085 Notification of Change in Resident Health Status

A nursing home must develop and implement policies to guide staff decisions to consult physicians, physician assistants, and nurse practitioners, and if known, notify the resident's legal representative or an interested family member of a resident's acute illness, serious accident, or death. At a minimum, the director of nursing services, and the medical director or an attending physician must be involved in the development of these policies. The policies must have criteria which address at least the appropriate notification times for:

A. an accident involving the resident which results in injury and has the potential for requiring physician intervention;

B. a significant change in the resident's physical, mental, or psychosocial status, for example, a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications;

C. a need to alter treatment significantly, for example, a need to discontinue an existing form of treatment due to adverse consequences, or to begin a new form of treatment;

D. a decision to transfer or discharge the resident from the nursing home; or

E. expected and unexpected resident deaths.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0090 Use of Oxygen

A nursing home must develop and implement policies and procedures for the safe storage and use of oxygen.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0095 Availability of Licensing Rules

A copy of this chapter must be made available by a nursing home upon request for the use of all nursing home personnel, residents, and family members.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0100 Employee Orientation and in-Service Education

Subpart 1. Orientation and initial training.

All personnel must be instructed in the requirements of the law and the rules pertaining to their respective duties and the instruction must be documented. All personnel must be informed of the policies of the nursing home, and procedure manuals must be readily available to guide them in the performance of their duties.

Subp. 2. In-service education.

A nursing home must provide in-service education. The in-service education must be sufficient to ensure the continuing competence of employees, must address areas identified by the quality assessment and assurance committee, and must address the special needs of residents as determined by the nursing home staff. A nursing home must provide an in-service training program in rehabilitation for all nursing personnel to promote ambulation; aid in activities of daily living; assist in activities, self-help, maintenance of range of motion, and proper chair and bed positioning; and in the prevention or reduction of incontinence.

Subp. 3. Reference materials.

Textbooks, periodicals, dictionaries, and other reference materials must be available and kept current. A nursing home must review the currency of these reference materials at least annually.

Subp. 4. Coordination of in-service education programs.

In a nursing home with over 90 beds, one person must be designated as responsible for coordination of all in-service education programs.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0105 Competency

A nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents' needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0110 Incident and Accident Reporting

All persons providing services in a nursing home must report any accident or injury to a resident, and the nursing home must immediately complete a detailed incident report of the accident or injury and the action taken after learning of the accident or injury.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0115 Work Period

A nursing home must not schedule a person to duty for more than one consecutive work period except in a documented emergency. For purposes of this chapter, a documented emergency means situations where replacement staff are not able to report to duty for the next shift due to adverse weather conditions, natural disasters, illness, strike, or other documented situations where normally scheduled staff are no longer available. For purposes of this chapter, a normal work period must not exceed 12 hours. For purposes of this chapter, documentation of an emergency means a written record of the emergency. Documentation on the work schedule is one method of providing written record of the emergency.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0120 Employee Policies

Subpart 1. Keys.

The person in charge of a nursing home on each work shift must have the ability to open all doors and locks in the nursing home except the business office.

Subp. 2. Requirements for staff.

A nursing home must have at least one responsible person awake, dressed, and on duty at all times. The person must be at least 21 years of age and capable of performing the required duties of evacuating the residents.

Subp. 3. Identification of staff.

Each employee and volunteer must wear a badge which includes name and position.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0125 Personal Belongings

Personnel must not keep personal belongings in the food service or resident areas. Provision must be made elsewhere for storage.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0130 Employees' Personnel Records

A current personnel record must be maintained for each employee and be stored in a confidential manner. The personnel records for at least the most recent three-year period must be maintained by the nursing home. The records must be available to representatives of the department and must contain:

A. the person's name, address, telephone number, gender, Minnesota license, certification, or registration number, if applicable, and similar identifying data;

B. a list of the individual's training, experience, and previous employment;

C. the date of employment, type of position currently held, hours of work, and attendance records; and

D. the date of resignation or discharge. Employee health information, including the record of all accidents and those illnesses reportable under part 4605.7040, must be maintained and stored in a separate employee medical record.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0135 Policy Records

Subpart 1. Availability of policies.

All policies and procedures directly related to resident care adopted by the home must be placed on file and be made available upon request to nursing home personnel, residents, legal representatives, and designated representatives.

Subp. 2. Admission policies.

Admission policies must be made available upon request to prospective residents, family members, legal representatives, and designated representatives.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0140 Type of Admissions

Subpart 1. Selection of residents.

The administrator, in cooperation with the director of nursing services and the medical director, is responsible for the admission of residents to the home according to the admission policies of the nursing home.

Subp. 2. Residents not accepted.

Unless otherwise provided by law, including laws against discrimination, residents must not be admitted or retained for whom care cannot be provided in keeping with their known physical, mental, or behavioral condition. Prospective residents who are denied admission must be informed of the reason for the denial of their admission.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0145 Agreement as to Rates and Charges

Subpart 1. Written agreement.

At the time of admission, there must be a written agreement between the nursing home and the resident, the resident's agent, or the resident's guardian, which includes:

A. the base rate and what services and items are provided by the nursing home and are included in that base rate;

B. extra charges for care or services;

C. obligations concerning payment of the rates and charges; and

D. the refund policy of the home. All residents' bills must be itemized for services rendered.

Subp. 2. Notification of rates and charges.

Annually, and when there is any change, a nursing home must inform the resident of services available in the nursing home and of charges for those services, including any charges for services not covered under Medicare or Medicaid or by the nursing home's per diem rate. A nursing home must inform the resident or the resident's agent or guardian before any change in the charges for services not covered under Medicare or Medicaid or by the nursing home's per diem rate.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0150 Inspection by Department

All areas of a nursing home and all records related to the care and protection of residents including resident and employee records must be open for inspection by the department at all times for the purposes of enforcing this chapter.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0155 Reports to Department

Reports regarding statistical data and services furnished must be submitted on forms furnished by the department. Copies must be retained by the nursing home.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0190 Penalties for Administration and Operations Rule Violations

Penalty assessments will be assessed on a daily basis for violations of parts 4658.0050 to 4658.0155 and are as follows:

A. part 4658.0050, subpart 1, $250;

B. part 4658.0050, subpart 2, $100;

C. part 4658.0050, subpart 3, item A, $250;

D. part 4658.0050, subpart 3, items B to F, $100;

E. part 4658.0055, subparts 1 to 3, $100;

F. part 4658.0055, subpart 4, $50;

G. part 4658.0060, items A, F, H, and I, $50;

H. part 4658.0060, items B, C, D, E, and G, $100;

I. part 4658.0065, $200;

J. part 4658.0070, $100;

K. part 4658.0075, $100;

L. part 4658.0085, $350;

M. part 4658.0090, $500;

N. part 4658.0095, $50;

O. part 4658.0100, subparts 1 and 2, $100;

P. part 4658.0100, subpart 3, $50;

Q. part 4658.0100, subpart 4, $300;

R. part 4658.0105, $300;

S. part 4658.0110, $100;

T. part 4658.0115, $100;

U. part 4658.0120, subpart 1, $100;

V. part 4658.0120, subpart 2, $500;

W. part 4658.0120, subpart 3, $50;

X. part 4658.0125, $50;

Y. part 4658.0130, $50;

Z. part 4658.0135, $50;

AA. part 4658.0140, subpart 1, $100;

BB. part 4658.0140, subpart 2, $250;

CC. part 4658.0145, subpart 1, $100;

DD. part 4658.0145, subpart 2, $100;

EE. part 4658.0150, $100; and

FF. part 4658.0155, $50.

History

Statutory Authority: MS s 144A.04; 144A.08; 256B.431
History: 20 SR 303

Minn. R. 4658.0191 Penalties for Violations of Residents' Bill of Rights

Penalty assessments for violations of Minnesota Statutes, section 144.651, are as follows: