New laws effective August 1, 2019

As a result of bills passed and signed into law during the most recent legislative session, the following is a selection of new laws that will go into effect on August 1, 2019:

Hospital billing transparency

Medical clinics and hospitals will be required to disclose facility fees for non-emergency services before treating an individual, ensuring patients are not surprised by separate charges that might result in higher out-of-pocket expenses than previously expected. The law will also require informational statements posted in easily-accessible locations to inform patients of potentially-separate charges for facility use.

Stopping retaliation in nursing homes

As part of the Elder Care and Vulnerable Adult Protection Act of 2019, a provision taking prohibits retaliation against residents or employees of nursing homes. The protections apply if the individual does any of the following in good faith: files a complaint, makes an inquiry, asserts a right, files a maltreatment report, seeks help from law enforcement, files a civil action, participates in an investigation, among other provisions. Illegal retaliation could include any form of discrimination, prohibition of visitors, withholding of food and/or care, discharge or transfer, or the unauthorized removal, or tampering with, of technology and communication devices.

‘Hands-free’ law: expanded distracted driving law

The new law broadens the state’s existing ban on texting while driving, prohibiting drivers from holding a cell phone or other handheld device while operating a motor vehicle. Drivers will be required to use hands-free technology when making calls, sending messages, or accessing content, including audio and navigation behind the wheel. The law specifies that a communications device does not include a device that is physically integrated into the vehicle, such as a navigation system that is only capable of being used for navigation purposes or a two-way radio. Calls and messages may still be placed using hands-free technology, such as via Bluetooth, or to obtain emergency assistance.

‘Slowpoke’ bill: slower traffic move to the right

If the roadway has more than one lane in each direction, a person must move out of the leftmost lane to allow another vehicle to pass. This will not apply when overtaking and passing another vehicle proceeding in the same direction, preparing for a left turn at an intersection or into a private road or driveway, preparing to exit a controlled-access highway on the left side of the road, the lane is designated and posted for a specific type of traffic, or the vehicle is an authorized emergency vehicle.

Construction work zone safety

Qualified work zone flaggers will be legally able to report violations of flagger directions, speeding, or various other traffic control laws in construction work zones along Minnesota highways. To establish probable cause, the flagger’s report must include a description of the vehicle and time of the incident, and the flagger must have completed training related to traffic laws.

Construction permit fee transparency

A new law will allow applicants of permits for real estate development or construction to request a written, non-binding consulting and application fees estimate from their city. If an applicant requests the estimate, the application won’t be complete until the city has: provided an estimate; received the required application fees, as specified by the city; received a signed acceptance of the fee estimate from the applicant; and received a signed statement that the applicant has not relied on the fee estimate in its decision to proceed with the final application.

Handicap disability permit

Disability plates and permits will be easier to obtain for those who need them by authorizing licensed physical therapists to provide the required medical documentation for an individual to obtain a disability parking permit or license plate.

Epi-Pen reforms

More people will be allowed to administer epinephrine auto-injectors, or Epi-Pens, to help someone having an allergic reaction. Individuals can qualify to administer Epi-Pens by successfully completing a training program.

Changes to agricultural policy

The omnibus agriculture policy law makes several technical and policy changes to regulations surrounding aquaculture, pesticides, nurseries, food handlers, eggs, milk, cheese, loans, open-air swine basins, and other provisions. Changes include creating a custom exempt food handlers license for custom processing businesses handling meat and poultry products that are not for sale, amending how long eggs may be held past their pack date before they must be removed from sale (31 days for Grade AA and 46 days for Grade A), amending milk storage requirements, excluding livestock truck-washing facility basins from an open-air swine basin pollution control permit moratorium, and more.

Agricultural Best Practices Loan Program

The Agricultural Best Practices Loan Program and several sections of public drainage law will be modified based on recommendations made by the Drainage Work Group. Some of the changes include a removal of the project loan total cap, allowing counties without a county attorney to hire any competent attorney as representation in drainage proceedings, and allowing drainage authorities to use a new method to assess drainage system repair costs.

Body art technicians

Requirements for the supervision of temporary body art technicians will be modified to better reflect the training necessary to supervise new body piercers and meet workforce demands. It will allow body piercing technicians, who have performed at least 500 body piercings, to supervise a temporary technician; tattoo technicians with at least two years of experience can supervise a temporary technician.

Community emergency medical technicians

Community emergency medical technicians will be permitted to serve on a basic life support ambulance service. Under current law, their authorization is limited to medical response units, which are organized at the local level and provide initial medical care, before an ambulance service arrives. Proponents say the change will clarify existing law and correct an oversight.

Meeting participation requirements

A new law will allow small governing bodies, such as city councils or county commissions, to hold meetings in the event a quorum cannot be reached because of members serving on active military deployments. The new law will allow certain absent members to participate via telecommunication, if the location from which they telecommute is also open to the public.

Light rail train drivers subject to penalties

Drivers of Metro Transit’s light-rail vehicles will be subject to the state’s reckless and careless driving laws by making clear that prohibitions on reckless and careless driving apply to drivers of the public transit vehicles operated by the Metropolitan Council.