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Expedited rules for treatment of post-traumatic stress disorder (PTSD); Minnesota Rules part 5221.6700

Pursuant to amendments to Minnesota Statutes § 176.83, subdivision 5 (b)(8), the Department of Labor and Industry (DLI) is required to adopt criteria for treatment of post-traumatic stress disorder (PTSD) in workers' compensation. The statute directs the commissioner to adopt the rules under the expedited rulemaking process in Minn. Stat. § 14.389.

Published notices and comment periods

Under the expedited rule process in Minn. Stat. § 14.389, no Request for Comments was published.

DLI published notice of the proposed expedited rules, including a copy of the proposed rules and a citation to the specific statutory authority for the rule, in the State Register on Nov. 12, 2019, as required under Minn. Stat. § 14.389, subd. 2. Notice was also given to persons who signed up for the U.S. mail or electronic mail lists for workers' compensation rules.

View a copy of the notice:

The comment period for these rules ended at 4:30 p.m. on Thursday, Dec. 12, 2019.

Availability of rule draft(s) and Statement of Need and Reasonableness

In drafting the rules, the commissioner consulted the Medical Services Review Board (MSRB) as required by statute. MSRB recommended draft rules to the commissioner July 18, 2019.

View a copy of the rules recommended by MSRB, with changes suggested by the Office of the Revisor of Statutes. The proposed rules were published in the State Register on Nov. 12, 2019.

View a copy of the rules as adopted, with a modification in subpart 11.

Under the expedited rule process in Minn. Stat. § 14.389, there is no requirement for a Statement of Need and Reasonableness.

Requests for hearing; date and place of hearing

DLI did not receive 100 requests for hearing during the comment period; therefore, there will not be a hearing about the proposed rules.

The following person submitted a valid request for hearing:  Joel Carlson.

Call, email or fax the contact person below to view the request for hearing that was submitted.

Timetable/status of the rule proceeding; agency determinations

The Department of Labor and Industry filed the rules for approval with the Office of Administrative Hearings on March 13, 2020.

View the order issued March 26, 2020, by Administrative Law Judge James E. LaFave, which approved the proposed expedited rules governing treatment for post-traumatic stress disorder. 

Date the rule was filed with the Secretary of State and the effective date of the rule as adopted

View a copy of the notice of adoption of the rules published in the State Register on May 4, 2020, which is the effective date of the rules. 

Contact person

For procedural questions and to submit comments or requests for hearing, contact:
Ethan Landy, Office of General Counsel
Email:  dli.rules@state.mn.us
Phone:  651-284-5302
Fax:  651-284-5725

For questions about the content of the proposed rules, contact:
Laura Zajac, Office of General Counsel
Phone:  651-284-5432
Fax:  651-284-5725