new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (a) "Hair transplant surgery facility" means a freestanding facility, clinic, or
physician's office where surgical procedures are performed on an outpatient basis for the
purpose of restoring hair, including, but not limited to, follicular unit transplantation, large
or small grafting techniques, flaps, or scalp reductions.
new text end

new text begin (b) "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 2. new text end

new text begin License required. new text end

new text begin (a) No person acting severally or jointly with another
person shall establish, maintain, or operate a hair transplant surgery facility in the state
without a license issued according to this section.
new text end

new text begin (b) A violation of this subdivision is a misdemeanor. The commissioner may seek an
injunction in the district court against the continuing operation of the unlicensed facility.
Proceedings for securing an injunction may be brought by the attorney general or by
the appropriate county attorney.
new text end

new text begin (c) This section does not apply to a hospital or outpatient surgical center licensed
under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Application for licensure. new text end

new text begin (a) An applicant for a license under this
section shall submit to the commissioner of health, at least 120 days before the opening
of the facility, or if the facility is in operation on August 1, 2007, by January 1, 2008,
the following:
new text end

new text begin (1) a completed application on a form provided by the commissioner;
new text end

new text begin (2) the name and address of the owners holding at least 50 percent or more of stock;
new text end

new text begin (3) appropriate certificates of compliance with all applicable local and state codes;
new text end

new text begin (4) a copy of operating policies and procedures pertaining to the nature of the
services provided;
new text end

new text begin (5) a copy of all sanitation, sterilization, and safety procedures established for the
protection of the patients and employees;
new text end

new text begin (6) the names of the licensed or registered health care professionals employed by
the facility;
new text end

new text begin (7) the fee required under subdivision 9; and
new text end

new text begin (8) any other information deemed necessary by the commissioner to ensure public
safety.
new text end

new text begin (b) Upon approval, the commissioner shall issue a license. The license is valid for
one year from the date of issuance and may be renewed upon inspection and approval by
the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Inspection. new text end

new text begin Before issuing a new license, the commissioner shall inspect
each facility at least once a year for a routine inspection. The inspection shall ensure
that the required sanitation, sterilization, and safety standards are maintained. The
commissioner shall have the authority to enter the premises of a hair transplant surgery
facility to make an investigation or inspection as deemed necessary by the commissioner
in accordance with this section. Refusal to permit an inspection or investigation shall
constitute valid grounds for licensure denial or revocation.
new text end

new text begin Subd. 5. new text end

new text begin Transfer and display of license. new text end

new text begin A facility license issued under this
section shall be issued for a specific facility at a specific location and shall not be
transferrable. A valid license shall be posted on site.
new text end

new text begin Subd. 6. new text end

new text begin Change of ownership, operation, or location. new text end

new text begin (a) When a change of
ownership, location, or discontinuation of business as a hair transplant surgery facility
is contemplated, the owner or manager shall notify the commissioner in writing before
the proposed change.
new text end

new text begin (b) Upon a change in ownership or in the operation or control of a licensed facility,
the license shall immediately become void. The commissioner may extend the expiration
date of the license allowing for the time that is required for processing a new license
application.
new text end

new text begin Subd. 7. new text end

new text begin Personnel and patient protection. new text end

new text begin (a) Each facility shall submit to the
commissioner the name of the owner or manager who is responsible for the management
and control of the operation and maintenance of the facility.
new text end

new text begin (b) If the owner or manager of the facility is not a licensed physician, a licensed
physician must be designated as the agent of the manager or owner to be responsible
for the direct supervision of all personnel and services related to hair transplant surgery
procedures. The name of the designated physician must be submitted to the commissioner.
new text end

new text begin (c) Each facility is required to meet the following provisions:
new text end

new text begin (1) the facility shall be maintained in a sanitary condition free from hazards; and
new text end

new text begin (2) if someone other than a licensed or registered health professional provides
information regarding:
new text end

new text begin (i) the type of procedure to be performed;
new text end

new text begin (ii) the anticipated results of the procedure;
new text end

new text begin (iii) the medical risks associated with the procedure to be performed; or
new text end

new text begin (iv) aftercare treatment following a procedure, the client must be informed that the
individual is not a licensed or registered health care professional and that a licensed or
registered health care professional shall be made available before any scheduled procedure
to answer any questions a client or potential client may have regarding the procedure.
new text end

new text begin (d) A client must be provided with verbal and written instructions for aftercare
upon completion of the procedure.
new text end

new text begin (e) The owner or manager of the facility must maintain proper records for each
client. The records of the procedure must be kept for two years and must be made available
for inspection by the commissioner upon request. The record must include the following:
new text end

new text begin (1) the date of the procedure;
new text end

new text begin (2) a copy of the informed consent signed by the client;
new text end

new text begin (3) a description of the procedure performed; and
new text end

new text begin (4) the name of the physician performing the procedure.
new text end

new text begin Subd. 8. new text end

new text begin Investigation process and grounds for investigation. new text end

new text begin (a) The
commissioner may initiate an investigation upon receiving a signed complaint or other
communication that alleges or implies that a facility violated this section or the rules
adopted under this section.
new text end

new text begin (b) The commissioner may refuse to grant or renew, or may suspend or revoke, a
license and order the discontinuance of all operations of a facility for any of the following
grounds:
new text end

new text begin (1) violating any of the provisions of this section or the rules adopted under this
section;
new text end

new text begin (2) permitting, aiding, or abetting the commission of any illegal act in the facility;
new text end

new text begin (3) advertising which is false, deceptive, or misleading;
new text end

new text begin (4) engaging in unethical conduct or conduct which is likely to deceive, defraud, or
harm the public, or demonstrates a willful or careless disregard for the health, welfare, or
safety of a client by the owner or manager of the facility; or
new text end

new text begin (5) knowingly providing false or misleading information that is directly related
to the care of the client.
new text end

new text begin (c) Prior to any suspension, revocation, or refusal to renew a license, the facility
shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69. At
each hearing, the commissioner shall have the burden of establishing that a violation
of paragraph (b) has occurred. If a license is revoked, suspended, or not renewed, a
new application for license may be considered by the commissioner if the conditions
upon which revocation, suspension, or refusal to renew was based have been corrected
and evidence of this fact has been satisfactorily furnished. A new license may then be
granted after proper inspection has been made and all provisions of this section and any
rules promulgated thereunder have been complied with.
new text end

new text begin Subd. 9. new text end

new text begin Fees. new text end

new text begin (a) The commissioner shall set the initial and renewal license fee for
hair transplant surgery facilities at $........
new text end

new text begin (b) Fees collected by the commissioner under this section shall be deposited in
the state government special revenue fund.
new text end

new text begin Subd. 10. new text end

new text begin Rules. new text end

new text begin The commissioner may promulgate rules necessary to implement
the provisions of this section.
new text end