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A bill for an act
relating to health; requiring licensure of emergency restoration professionals and
emergency restoration companies; establishing fees; providing for enforcement;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2025
Supplement, section 144.99, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.498] LICENSURE OF EMERGENCY RESTORATION
PROFESSIONALS AND EMERGENCY RESTORATION COMPANIES.
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Subdivision 1.
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Definitions.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Commissioner" means the commissioner of health.
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(c) "Direct supervision" means supervision by an individual who is physically present
at on-site activities and is immediately available to direct, instruct, and oversee the activities
of other individuals.
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(d) "Emergency restoration services" means restoration services performed at a residential
or commercial building in response to sudden, unanticipated damage to the building caused
by water, fire, smoke, or a similar catastrophic event. Emergency restoration services include
but are not limited to: water extraction and structural drying; fire damage clean-up and soot
removal; removal of damaged carpet, flooring, drywall, and other building materials; and
deodorization and smoke odor removal.
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Subd. 2.
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Licensure of emergency restoration professionals.
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This subdivision is effective
January 1, 2028. Except as provided in subdivision 6, an individual who performs emergency
restoration services for compensation in this state must be licensed under this section as an
emergency restoration professional. An emergency restoration professional license is not
transferrable.
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Subd. 3.
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Practice standards.
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A licensed emergency restoration professional must:
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(1) perform water damage restoration in accordance with the American National Standards
Institute/Institute of Inspection, Cleaning, and Restoration Certification (ANSI/IICRC) S500
Standard for Professional Water Damage Restoration, or its successor publication; and
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(2) perform fire damage restoration in accordance with the ANSI/IICRC S700 Standard
for Professional Fire and Smoke Damage Restoration, or its successor publication.
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Subd. 4.
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Initial licensure for emergency restoration professionals.
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(a) An individual
seeking licensure as an emergency restoration professional must apply to the commissioner
on a form and in a manner specified by the commissioner and must include the fee required
under subdivision 10 with the application and proof of the certification required under
paragraph (b). An emergency restoration professional license is valid for one year from the
date of issuance or renewal.
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(b) To be eligible for initial licensure, the individual must hold active certification in
water damage restoration, fire damage restoration, and structural drying from the Institute
of Inspection, Cleaning, and Restoration Certification or from another certification
organization approved by the commissioner.
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Subd. 5.
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License renewal for emergency restoration professionals.
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(a) At least 30
days before an individual's emergency restoration professional license expires, an individual
seeking to renew the emergency restoration professional license must apply for license
renewal on a form and in a manner specified by the commissioner and must include the fee
required under subdivision 10 with the application and proof of the certification required
under paragraph (b).
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(b) To be eligible for license renewal, the individual must hold active certification that
meets the requirements under subdivision 4, paragraph (b).
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Subd. 6.
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Exemptions from licensure as an emergency restoration professional.
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An
individual is not required to be licensed as an emergency restoration professional if the
individual:
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(1) is employed by an emergency restoration company and performs emergency
restoration services under the direct supervision of an emergency restoration professional
licensed under this section;
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(2) is performing routine cleaning, general remodeling, or construction services unrelated
to damage caused by water, fire, smoke, or a similar catastrophic event; or
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(3) is reconstructing, repairing, or replacing building materials or systems after emergency
restoration services are completed.
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Subd. 7.
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Licensure of emergency restoration companies.
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Effective January 1, 2028,
a person that employs or contracts with one or more individuals to perform emergency
restoration services for compensation in this state must be licensed under this section as an
emergency restoration company. An emergency restoration company license is not
transferrable. A licensed emergency restoration company must employ or contract with at
least one responsible individual who is an emergency restoration professional licensed under
this section.
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Subd. 8.
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Initial licensure for emergency restoration companies.
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A person seeking
licensure as an emergency restoration company must apply to the commissioner on a form
and in a manner specified by the commissioner and must include the fee required under
subdivision 10 with the application. An emergency restoration company license is valid for
one year from the date of issuance or renewal.
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Subd. 9.
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License renewal for emergency restoration companies.
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At least 30 days
before an emergency restoration company's license expires, a person seeking to renew the
emergency restoration company license must apply for license renewal on a form and in a
manner specified by the commissioner and must include the fee required under subdivision
10 with the application.
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Subd. 10.
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Fees.
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(a) The commissioner must charge the following fees under this section:
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(1) emergency restoration professional initial licensure and license renewal, $150 per
year; and
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(2) emergency restoration company initial licensure and license renewal, $100 per year.
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(b) Fees collected under this section:
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(1) are not refundable; and
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(2) must be deposited in the state treasury and credited to the state government special
revenue fund.
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Subd. 11.
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Rulemaking.
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The commissioner may adopt rules to implement this section.
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Subd. 12.
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Enforcement.
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The commissioner must enforce this section under sections
144.989 to 144.993.
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Sec. 2.
Minnesota Statutes 2025 Supplement, section 144.99, subdivision 1, is amended
to read:
Subdivision 1.
Remedies available.
The provisions of chapters 103I and 157 and sections
115.71
to
115.77
;
144.12, subdivision 1, clauses (1), (2), (5), (6), (10), (12), (13), (14), and
(15)
;
144.1201
to
144.1204
;
144.121
;
144.1215
;
144.1222
;
144.35
;
144.381
to
144.385
;
144.411
to
144.417
;
144.495
;
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144.498;
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144.71
to
144.74
;
144.9501
to
144.9512
;
144.97
to
144.98
;
144.992
;
147.037, subdivision 1b, paragraph (d); 326.70
to
326.785
;
327.10
to
327.131
; and
327.14
to
327.28
and all rules, orders, stipulation agreements, settlements,
compliance agreements, licenses, registrations, certificates, and permits adopted or issued
by the department or under any other law now in force or later enacted for the preservation
of public health may, in addition to provisions in other statutes, be enforced under this
section.
Sec. 3.
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APPROPRIATION; LICENSURE OF EMERGENCY RESTORATION
PROFESSIONALS AND EMERGENCY RESTORATION COMPANIES.
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$....... in fiscal year 2027 is appropriated from the state government special revenue fund
to the commissioner of health for the purposes of Minnesota Statutes, section 144.498.
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