HF 1382

as introduced - 87th Legislature (2011 - 2012) Posted on 04/05/2011 10:28am

A bill for an act
relating to health; making changes to health board licensing provisions; amending Minnesota Statutes 2010, sections 148.10, subdivision 7; 148.231; 148B.5301, subdivisions 1, 3, 4; 148B.54, subdivisions 2, 3; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.120; 150A.02; 150A.06, subdivisions 1c, 1d, 3, 4, 6; 150A.09, subdivision 3; 150A.105, subdivision 7; 150A.106, subdivision 1; 150A.14; 214.09, by adding a subdivision; 214.103; 364.09; Laws 2010, chapter 349, sections 1; 2; proposing coding for new law in Minnesota Statutes, chapter 214; repealing Minnesota Rules, parts 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:

Subd. 7.

Conviction of a felony-level criminal sexual conduct offense.

(a) Except
as provided in paragraph deleted text begin (e) deleted text end new text begin (f) new text end , the board shall not grant or renew a license to practice
chiropractic to any person who has been convicted on or after August 1, 2010, of any
of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).

new text begin (b) The board shall not grant or renew a license to practice chiropractic to any
person who has been convicted in any other state or country on or after August 1, 2011,
of an offense where the elements of the offense are substantially similar to any of the
offenses listed in paragraph (a).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) deleted text begin of this section deleted text end .

deleted text begin (c) deleted text end new text begin (d) new text end A license to practice chiropractic that has been denied or revoked under this
subdivision is not subject to chapter 364.

deleted text begin (d) deleted text end new text begin (e) new text end For purposes of this subdivision, "conviction" means a plea of guilty, a
verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays
imposition or execution of the sentence and final disposition of the case is accomplished at
a nonfelony level.

deleted text begin (e) deleted text end new text begin (f) new text end The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that the criteria:

(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;

(2) provide a standard for overcoming the presumption; and

(3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.

The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

Sec. 2.

Minnesota Statutes 2010, section 148.231, is amended to read:

148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION;
VERIFICATION.

Subdivision 1.

Registration.

Every person licensed to practice professional or
practical nursing must maintain with the board a current registration for practice as a
registered nurse or licensed practical nurse which must be renewed at regular intervals
established by the board by rule. No deleted text begin certificate of deleted text end registration shall be issued by the board
to a nurse until the nurse has submitted satisfactory evidence of compliance with the
procedures and minimum requirements established by the board.

The fee for periodic registration for practice as a nurse shall be determined by the
board by deleted text begin rule deleted text end new text begin law new text end . deleted text begin A penalty fee shall be added for any application received after the
required date as specified by the board by rule. deleted text end Upon receipt of the application and the
required fees, the board shall verify the application and the evidence of completion of
continuing education requirements in effect, and thereupon issue to the nurse deleted text begin a certificate
of deleted text end registration for the next renewal period.

Subd. 4.

Failure to register.

Any person licensed under the provisions of sections
148.171 to 148.285 who fails to register within the required period shall not be entitled to
practice nursing in this state as a registered nurse or licensed practical nurse.

Subd. 5.

Reregistration.

A person whose registration has lapsed desiring to
resume practice shall make application for reregistration, submit satisfactory evidence of
compliance with the procedures and requirements established by the board, and pay the
deleted text begin registration deleted text end new text begin reregistration new text end fee for the current period to the board. A penalty fee shall be
required from a person who practiced nursing without current registration. Thereupon, deleted text begin the deleted text end
registration deleted text begin certificate deleted text end shall be issued to the person who shall immediately be placed on
the practicing list as a registered nurse or licensed practical nurse.

Subd. 6.

Verification.

A person licensed under the provisions of sections 148.171 to
148.285 who requests the board to verify a Minnesota license to another state, territory,
or country or to an agency, facility, school, or institution shall pay a fee deleted text begin to the board deleted text end
for each verification.

Sec. 3.

Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) To be licensed as a licensed professional
clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
that the applicant:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has completed a master's or doctoral degree program in counseling or a
related field, as determined by the board based on the criteria in items (i) to (x), that
includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
experience in counseling that is not fewer than 700 hours. The degree must be from
a counseling program recognized by the Council for Accreditation of Counseling and
Related Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA). Specific academic course content and training must
include coursework in each of the following subject areas:

(i) helping relationship, including counseling theory and practice;

(ii) human growth and development;

(iii) lifestyle and career development;

(iv) group dynamics, processes, counseling, and consulting;

(v) assessment and appraisal;

(vi) social and cultural foundations, including multicultural issues;

(vii) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;

(viii) family counseling and therapy;

(ix) research and evaluation; and

(x) professional counseling orientation and ethics;

(4) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the board deleted text begin . In lieu of the NCMHCE, applicants who have
taken and passed the National Counselor Examination (NCE) administered by the NBCC,
or another board-approved examination, need only take and pass the Examination of
Clinical Counseling Practice (ECCP) administered by the NBCC deleted text end ;

(5) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:

(i) six credits in diagnostic assessment for child or adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) three credits in clinical treatment planning, with measurable goals;

(iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;

(iv) three credits in evaluation methodologies regarding the effectiveness of
interventions;

(v) three credits in professional ethics applied to clinical practice; and

(vi) three credits in cultural diversity; and

(6) has demonstrated successful completion of 4,000 hours of supervised,
post-master's degree professional practice in the delivery of clinical services in the
diagnosis and treatment of child and adult mental illnesses and disorders, conducted
according to subdivision 2.

(b) If coursework in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
and must be earned from a counseling program or institution that meets the requirements
of paragraph (a), clause (3).

Sec. 4.

Minnesota Statutes 2010, section 148B.5301, subdivision 3, is amended to read:

Subd. 3.

Conversion from licensed professional counselor to licensed
professional clinical counselor.

(a) Until August 1, deleted text begin 2011 deleted text end new text begin 2013 new text end , an individual currently
licensed in the state of Minnesota as a licensed professional counselor may convert to a
LPCC by providing evidence satisfactory to the board that the applicant has met the
following requirements:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has a license that is active and in good standing;

(4) has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;

(5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;

(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:

(i) diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) clinical treatment planning, with measurable goals;

(iii) clinical intervention methods informed by research evidence and community
standards of practice;

(iv) evaluation methodologies regarding the effectiveness of interventions;

(v) professional ethics applied to clinical practice; and

(vi) cultural diversity;

(7) has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, post-master's degree professional practice in the delivery of
clinical services in the diagnosis and treatment of child and adult mental illnesses and
disorders; and

(8) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.

(b) If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).

(c) This subdivision expires August 1, deleted text begin 2011 deleted text end new text begin 2013 new text end .

Sec. 5.

Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:

Subd. 4.

Conversion to licensed professional clinical counselor after August 1,
deleted text begin 2011 deleted text end new text begin 2013 new text end .

An individual licensed in the state of Minnesota as a licensed professional
counselor may convert to a LPCC by providing evidence satisfactory to the board that the
applicant has met the requirements of subdivisions 1 and 2, subject to the following:

(1) the individual's license must be active and in good standing;

(2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and

(3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.

Sec. 6.

Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:

Subd. 2.

Continuing education.

At the completion of the first four years of
licensure, a licensee must provide evidence satisfactory to the board of completion of
12 additional postgraduate semester credit hours or its equivalent in counseling as
determined by the board, except that no licensee shall be required to show evidence of
greater than 60 semester hours or its equivalent. new text begin In addition to completing the requisite
graduate coursework, each licensee shall also complete in the first four years of licensure
a minimum of 40 hours of continuing education activities approved by the board under
Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
first four years of licensure may be applied to both the graduate credit requirement and to
the requirement for 40 hours of continuing education activities. A licensee may receive 15
continuing education hours per semester credit hour or ten continuing education hours
per quarter credit hour. new text end Thereafter, at the time of renewal, each licensee shall provide
evidence satisfactory to the board that the licensee has completed during each two-year
period at least the equivalent of 40 clock hours of professional postdegree continuing
education in programs approved by the board and continues to be qualified to practice
under sections 148B.50 to 148B.593.

Sec. 7.

Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:

Subd. 3.

Relicensure following termination.

An individual whose license was
terminated deleted text begin prior to August 1, 2010, deleted text end and who can demonstrate completion of the graduate
credit requirement in subdivision 2, does not need to comply with the continuing education
requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
education requirements for relicensure following termination in Minnesota Rules, part
2150.0130, subpart 2. This section does not apply to an individual whose license has
been canceled.

Sec. 8.

Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:

Subdivision 1.

Students and other persons not currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is not licensed or credentialed to practice social work in any jurisdiction
but has:

(1) applied for a license under section 148E.055;

(2) applied for a temporary license on a form provided by the board;

(3) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(4) passed the applicable licensure examination provided for in section 148E.055;

(5) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 9.

Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:

Subd. 2.

Emergency situations and persons currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is licensed or credentialed to practice social work in another jurisdiction,
may or may not have applied for a license under section 148E.055, and has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) submitted evidence satisfactory to the board that the applicant is currently
licensed or credentialed to practice social work in another jurisdiction;

(4) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148E.060, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Programs in candidacy status. new text end

new text begin (a) The board may issue a temporary
license to practice social work to an applicant who has completed the requirements for a
baccalaureate or graduate degree in social work from a program in candidacy status with
the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body designated by the board, and has:
new text end

new text begin (1) applied for a license under section 148E.055;
new text end

new text begin (2) applied for a temporary license on a form provided by the board;
new text end

new text begin (3) submitted a form provided by the board authorizing the board to complete a
criminal background check;
new text end

new text begin (4) passed the applicable licensure examination provided for in section 148E.055;
and
new text end

new text begin (5) not engaged in conduct that is in violation of the standards of practice specified
in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
violation of the standards of practice, the board may take action according to sections
148E.255 to 148E.270.
new text end

new text begin (b) A temporary license issued under this subdivision expires after 12 months but
may be extended at the board's discretion upon a showing that the social work program
remains in good standing with the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body designated by the
board. If the board receives notice from the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accrediting body designated
by the board that the social work program is not in good standing, or that the accreditation
will not be granted to the social work program, the temporary license is immediately
revoked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 11.

Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:

Subd. 3.

Teachers.

new text begin (a) new text end The board may issue a temporary license to practice social
work to an applicant whose permanent residence is outside the United States, who is
teaching social work at an academic institution in Minnesota for a period not to exceed
12 months, who may or may not have applied for a license under section 148E.055, and
who has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work; and

(4) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after 12 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 12.

Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:

Subd. 5.

Temporary license term.

deleted text begin (a) deleted text end A temporary license is valid until expiration,
or until the board issues or denies the license according to section 148E.055, or until
the board revokes the temporary license, whichever comes first. A temporary license is
nonrenewable.

deleted text begin (b) A temporary license issued according to subdivision 1 or 2 expires after six
months.
deleted text end

deleted text begin (c) A temporary license issued according to subdivision 3 expires after 12 months.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148E.120, is amended to read:

148E.120 REQUIREMENTS OF SUPERVISORS.

Subdivision 1.

Supervisors licensed as social workers.

(a) Except as provided in
deleted text begin paragraph (d) deleted text end new text begin subdivision 2 new text end , to be eligible to provide supervision under this section, a
social worker must:

(1) have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;

(2) be competent in the activities being supervised; and

(3) attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.

(b) A licensed independent clinical social worker providing clinical licensing
supervision to a licensed graduate social worker or a licensed independent social worker
must have at least 2,000 hours of experience in authorized social work practice, including
1,000 hours of experience in clinical practice after obtaining a licensed independent
clinical social worker license.

(c) A licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker providing nonclinical
licensing supervision must have completed the supervised practice requirements specified
in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.

deleted text begin (d) If the board determines that supervision is not obtainable from an individual
meeting the requirements specified in paragraph (a), the board may approve an alternate
supervisor according to subdivision 2.
deleted text end

Subd. 2.

Alternate supervisors.

(a) deleted text begin The board may approve an alternate supervisor
if: deleted text end new text begin The board may approve an alternate supervisor as determined in this subdivision. The
board shall approve up to 25 percent of the required supervision hours by a licensed mental
health professional who is competent and qualified to provide supervision according to the
mental health professional's respective licensing board, as established by section 245.462,
subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
new text end

deleted text begin (1) the board determines that supervision is not obtainable according to paragraph
(b);
deleted text end

deleted text begin (2) the licensee requests in the supervision plan submitted according to section
148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
deleted text end

deleted text begin (3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and
deleted text end

deleted text begin (4) the requirements of paragraph (d) are met.
deleted text end

deleted text begin (b) The board may determine that supervision is not obtainable if:
deleted text end

deleted text begin (1) the licensee provides documentation as an attachment to the supervision plan
submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) the licensee demonstrates to the board's satisfaction that the search was
unsuccessful; and
deleted text end

deleted text begin (3) the licensee describes the extent of the search and the names and locations of
the persons and organizations contacted.
deleted text end

deleted text begin (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
supervision for social work practice if the board determines that there are five or fewer
supervisors meeting the applicable licensure requirements in sections 148E.100 to
148E.115 in the county where the licensee practices social work.
deleted text end

deleted text begin (d) An alternate supervisor must:
deleted text end

deleted text begin (1) be an unlicensed social worker who is employed in, and provides the supervision
in, a setting exempt from licensure by section 148E.065, and who has qualifications
equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or
deleted text end

deleted text begin (3) be a licensed marriage and family therapist or a mental health professional
as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the board, who is licensed or
credentialed by a state, territorial, provincial, or foreign licensing agency.
deleted text end

deleted text begin (e) In order to qualify to provide clinical supervision of a licensed graduate social
worker or licensed independent social worker engaged in clinical practice, the alternate
supervisor must be a mental health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional,
as determined by the board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
deleted text end

new text begin (b) The board shall approve up to 100 percent of the required supervision hours by
an alternate supervisor if the board determines that:
new text end

new text begin (1) there are five or fewer supervisors in the county where the licensee practices
social work who meet the applicable licensure requirements in subdivision 1;
new text end

new text begin (2) the supervisor is an unlicensed social worker who is employed in, and provides
the supervision in, a setting exempt from licensure by section 148E.065, and who has
qualifications equivalent to the applicable requirements specified in sections 148E.100 to
148E.115;
new text end

new text begin (3) the supervisor is a social worker engaged in authorized social work practice
in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
or
new text end

new text begin (4) the applicant or licensee is engaged in nonclinical authorized social work
practice outside of Minnesota and the supervisor meets the qualifications equivalent to
the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
equivalent mental health professional, as determined by the board, who is credentialed by
a state, territorial, provincial, or foreign licensing agency; or
new text end

new text begin (5) the applicant or licensee is engaged in clinical authorized social work practice
outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
requirements in section 148E.115, or the supervisor is an equivalent mental health
professional, as determined by the board, who is credentialed by a state, territorial,
provincial, or foreign licensing agency.
new text end

new text begin (c) In order for the board to consider an alternate supervisor under this section,
the licensee must:
new text end

new text begin (1) request in the supervision plan and verification submitted according to section
148E.125 that an alternate supervisor conduct the supervision; and
new text end

new text begin (2) describe the proposed supervision and the name and qualifications of the
proposed alternate supervisor. The board may audit the information provided to determine
compliance with the requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 14.

Minnesota Statutes 2010, section 150A.02, is amended to read:

150A.02 BOARD OF DENTISTRY.

Subdivision 1.

Generally.

There is hereby created a Board of Dentistry whose duty
it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to
150A.12. The board shall consist of two public members as defined by section 214.02,
new text begin and the following dental professionals who are licensed and reside in Minnesota: new text end five
qualified deleted text begin resident deleted text end dentists, one qualified deleted text begin resident deleted text end licensed dental assistant, and one
qualified deleted text begin resident deleted text end dental hygienist appointed by the governor. new text begin One qualified dentist must
be involved with the education, employment, or utilization of a dental therapist or an
advanced dental therapist. new text end Membership terms, compensation of members, removal of
members, the filling of membership vacancies, and fiscal year and reporting requirements
shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative
services and office space; the review and processing of board complaints; the setting
of board fees; and other provisions relating to board operations shall be as provided in
chapter 214. Each board member who is a dentist, licensed dental assistant, or dental
hygienist shall have been lawfully in active practice in this state for five years immediately
preceding appointment; and no board member shall be eligible for appointment to more
than two consecutive four-year terms, and members serving on the board at the time of
the enactment hereof shall be eligible to reappointment provided they shall not have
served more than nine consecutive years at the expiration of the term to which they are to
be appointed. At least 90 days prior to the expiration of the terms of dentists, licensed
dental assistants, or dental hygienists, the Minnesota Dental Association, Minnesota
Dental Assistants Association, or the Minnesota State Dental Hygiene Association shall
recommend to the governor for each term expiring not less than two dentists, two licensed
dental assistants, or two dental hygienists, respectively, who are qualified to serve on the
board, and from the list so recommended the governor may appoint members to the board
for the term of four years, the appointments to be made within 30 days after the expiration
of the terms. Within 60 days after the occurrence of a dentist, licensed dental assistant, or
dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota
Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State
Dental Hygiene Association shall recommend to the governor not less than two dentists,
two licensed dental assistants, or two dental hygienists, who are qualified to serve on the
board and from the list so recommended the governor, within 30 days after receiving such
list of dentists, may appoint one member to the board for the unexpired term occasioned
by such vacancy. Any appointment to fill a vacancy shall be made within 90 days after the
occurrence of such vacancy. deleted text begin The first four-year term of the dental hygienist and of the
licensed dental assistant shall commence on the first Monday in January, 1977.
deleted text end

Sec. 15.

Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to read:

Subd. 1c.

Specialty dentists.

(a) The board may grant a specialty license in the
specialty areas of dentistry that are recognized by the American Dental Association.

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or have announced a limitation of practice before 1967;

(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National deleted text begin Dental deleted text end Board new text begin Dental new text end Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists, one of whom must
be a dentist practicing in the same specialty area, and the other the director of the specialty
program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding a specialty license is limited to practicing in the
dentist's designated specialty area. The scope of practice must be defined by each national
specialty board recognized by the American Dental Association.

(e) A specialty dentist holding a general dentist license is limited to practicing in the
dentist's designated specialty area if the dentist has announced a limitation of practice.
The scope of practice must be defined by each national specialty board recognized by
the American Dental Association.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area may apply for a specialty
license.

Sec. 16.

Minnesota Statutes 2010, section 150A.06, subdivision 1d, is amended to read:

Subd. 1d.

Dental therapists.

A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the American Dental Association
Commission on Dental Accreditation or another board-approved national accreditation
organization may apply for licensure.

The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. new text begin The clinical examinations for competencies for dental therapy and
advanced dental therapy must be comparable to those administered to dental students
for the same competencies. new text end The applicant must also pass an examination testing the
applicant's knowledge of the Minnesota laws and rules relating to the practice of dentistry.
An applicant who has failed the clinical examination twice is ineligible to retake the
clinical examination until further education and training are obtained as specified by the
board. A separate, nonrefundable fee may be charged for each time a person applies.
An applicant who passes the examination in compliance with subdivision 2b, abides by
professional ethical conduct requirements, and meets all the other requirements of the
board shall be licensed as a dental therapist.

Sec. 17.

Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:

Subd. 3.

Waiver of examination.

(a) All or any part of the examination for dentists
or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry
and the rules of the board, may, at the discretion of the board, be waived for an applicant
who presents a certificate of deleted text begin qualification from deleted text end new text begin having passed all components of new text end the
National Board deleted text begin of deleted text end Dental deleted text begin Examiners deleted text end new text begin Examinations new text end or evidence of having maintained an
adequate scholastic standing as determined by the board, in dental school as to dentists, or
dental hygiene school as to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association, who has deleted text begin successfully
completed deleted text end new text begin passed new text end all components of the National deleted text begin Dental deleted text end Board deleted text begin Examination deleted text end new text begin Dental
Examinations new text end , and who has satisfactorily completed a Minnesota-based postdoctoral
general dentistry residency program (GPR) or an advanced education in general dentistry
(AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association, be of
at least one year's duration, and include an outcome assessment evaluation assessing
the resident's competence to practice dentistry. The board may require the applicant to
submit any information deemed necessary by the board to determine whether the waiver is
applicable. The board may waive the clinical examination for an applicant who meets the
requirements of this paragraph and has satisfactorily completed an accredited postdoctoral
general dentistry residency program located outside of Minnesota.

Sec. 18.

Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:

Subd. 4.

Licensure by credentials.

(a) Any dentist or dental hygienist may, upon
application and payment of a fee established by the board, apply for licensure based on
the applicant's performance record in lieu of passing an examination approved by the
board according to section 150A.03, subdivision 1, and be interviewed by the board to
determine if the applicant:

new text begin (1) has passed all components of the National Board Dental Examinations;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end has been in active practice at least 2,000 hours within 36 months of the
application date, or passed a board-approved reentry program within 36 months of the
application date;

deleted text begin (2) deleted text end new text begin (3) new text end currently has a license in another state or Canadian province and is not subject
to any pending or final disciplinary action, or if not currently licensed, previously had a
license in another state or Canadian province in good standing that was not subject to any
final or pending disciplinary action at the time of surrender;

deleted text begin (3) deleted text end new text begin (4) new text end is of good moral character and abides by professional ethical conduct
requirements;

deleted text begin (4) deleted text end new text begin (5) new text end at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

deleted text begin (5) deleted text end new text begin (6) new text end meets other credentialing requirements specified in board rule.

(b) An applicant who fulfills the conditions of this subdivision and demonstrates
the minimum knowledge in dental subjects required for licensure under subdivision 1 or
2 must be licensed to practice the applicant's profession.

(c) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 1 or 2, the application must be denied. When
denying a license, the board may notify the applicant of any specific remedy that the
applicant could take which, when passed, would qualify the applicant for licensure. A
denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.

(d) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

Sec. 19.

Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

new text begin (a) new text end The initial license and subsequent
renewal deleted text begin , or current registration deleted text end certificate deleted text begin , deleted text end of every dentist, deleted text begin a deleted text end dental therapist, dental
hygienist, or dental assistant shall be conspicuously displayed in every office in which that
person practices, in plain sight of patients. new text begin When available from the board, the board shall
allow the display of a wallet-sized initial license and wallet-sized subsequent renewal
certificate only at nonprimary practice locations instead of displaying an original-sized
initial license and subsequent renewal certificate.
new text end

new text begin (b) new text end Near or on the entrance door to every office where dentistry is practiced, the
name of each dentist practicing there, as inscribed on the current license certificate, shall
be displayed in plain sight.

Sec. 20.

Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:

Subd. 3.

Current address, change of address.

Every dentist, dental therapist,
dental hygienist, and dental assistant shall maintain with the board a correct and current
mailing address new text begin and electronic mail address new text end . For dentists engaged in the practice of
dentistry, the new text begin postal new text end address shall be that of the location of the primary dental practice.
Within 30 days after changing new text begin postal or electronic mail new text end addresses, every dentist, dental
therapist, dental hygienist, and dental assistant shall provide the board written notice of
the new address either personally or by first class mail.

Sec. 21.

Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:

Subd. 7.

Use of dental assistants.

(a) A licensed dental therapist may supervise
dental assistants to the extent permitted in the collaborative management agreement and
according to section 150A.10, subdivision 2.

(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than four deleted text begin registered deleted text end new text begin licensed new text end dental assistants or deleted text begin nonregistered deleted text end new text begin
nonlicensed new text end dental assistants at any one practice setting.

Sec. 22.

Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:

Subdivision 1.

General.

In order to be certified by the board to practice as an
advanced dental therapist, a person must:

(1) complete a dental therapy education program;

(2) pass an examination to demonstrate competency under the dental therapy scope
of practice;

(3) be licensed as a dental therapist;

(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect
supervision;

(5) graduate from a master's advanced dental therapy education program;

(6) pass a board-approved certification examination new text begin , comparable to those
administered to dental students, new text end to demonstrate competency under the advanced scope of
practice; and

(7) submit an application new text begin and fee new text end for certification as prescribed by the board.

Sec. 23.

Minnesota Statutes 2010, section 150A.14, is amended to read:

150A.14 IMMUNITY.

Subdivision 1.

Reporting immunity.

A person, health care facility, business, or
organization is immune from civil liability or criminal prosecution for submitting a report
in good faith to the board under section 150A.13, or for cooperating with an investigation
of a report or with staff of the board new text begin relative to violations or alleged violations of section
150A.08 new text end . Reports are confidential data on individuals under section 13.02, subdivision 3,
and are privileged communications.

Subd. 2.

deleted text begin Program deleted text end new text begin Investigation new text end immunity.

new text begin (a) new text end Members of the board, persons
employed by the board, and board consultants new text begin retained by the board new text end are immune from
civil liability and criminal prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under deleted text begin section 150A.13 deleted text end new text begin sections 150A.02 to
150A.21, 214.10, and 214.103 new text end .

new text begin (b) For purposes of this section, a member of the board or a consultant described in
paragraph (a) is considered a state employee under section 3.736, subdivision 9.
new text end

Sec. 24.

Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Health-related boards. new text end

new text begin No current member of a health-related licensing
board may seek a paid employment position with that board.
new text end

Sec. 25.

Minnesota Statutes 2010, section 214.103, is amended to read:

214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
INVESTIGATION, AND HEARING.

Subdivision 1.

Application.

For purposes of this section, "board" means
"health-related licensing board" and does not include the non-health-related licensing
boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as
they apply to the health-related licensing boards.

new text begin Subd. 1a. new text end

new text begin Notifications and resolution. new text end

new text begin (a) No more than 14 calendar days after
receiving a complaint regarding a licensee, the board shall notify the complainant that
the board has received the complaint and shall provide the complainant with the written
description of the board's complaint process. The board shall periodically, but no less
than every 120 days, notify the complainant of the status of the complaint consistent
with section 13.41.
new text end

new text begin (b) Except as provided in paragraph (d), no more than 60 calendar days after
receiving a complaint regarding a licensee, the board must notify the licensee that the
board has received a complaint and inform the licensee of:
new text end

new text begin (1) the substance of the complaint;
new text end

new text begin (2) the sections of the law that have allegedly been violated;
new text end

new text begin (3) the sections of the professional rules that have allegedly been violated; and
new text end

new text begin (4) whether an investigation is being conducted.
new text end

new text begin (c) The board shall periodically, but not less than every 120 days, notify the licensee
of the status of the complaint consistent with section 13.41.
new text end

new text begin (d) Paragraphs (b) and (c) do not apply if the board determines that such notice
would compromise the board's investigation and that such notice cannot reasonably be
accomplished within this time.
new text end

new text begin (e) No more than one year after receiving a complaint regarding a licensee, the
board must resolve or dismiss the complaint unless the board determines that resolving or
dismissing the complaint cannot reasonably be accomplished in this time and is not in
the public interest.
new text end

new text begin (f) Failure to make notifications or to resolve the complaint within the time
established in this subdivision shall not deprive the board of jurisdiction to complete the
investigation or to take corrective, disciplinary, or other action against the licensee that is
authorized by law. Such a failure by the board shall not be the basis for a licensee's request
for the board to dismiss a complaint, and shall not be considered by an administrative law
judge, the board, or any reviewing court.
new text end

Subd. 2.

Receipt of complaint.

The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints deleted text begin may deleted text end new text begin shall new text end require the complainant to state the complaint in
writing new text begin or authorize transcribing the complaint new text end . The executive director or the designated
board member shall determine whether the complaint alleges or implies a violation of
a statute or rule which the board is empowered to enforce. The executive director or
the designated board member may consult with the designee of the attorney general as
to a board's jurisdiction over a complaint. If the executive director or the designated
board member determines that it is necessary, the executive director may seek additional
information to determine whether the complaint is jurisdictional or to clarify the nature
of the allegations by obtaining records or other written material, obtaining a handwriting
sample from the regulated person, clarifying the alleged facts with the complainant, and
requesting a written response from the subject of the complaint.

Subd. 3.

Referral to other agencies.

The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. new text begin Governmental agencies may coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.
new text end

Subd. 4.

Role of the attorney general.

The executive director or the designated
board member shall forward a complaint and any additional information to the designee
of the attorney general when the executive director or the designated board member
determines that a complaint is jurisdictional and:

(1) requires investigation before the executive director or the designated board
member may resolve the complaint;

(2) that attempts at resolution for disciplinary action or the initiation of a contested
case hearing is appropriate;

(3) that an agreement for corrective action is warranted; or

(4) that the complaint should be dismissed, consistent with subdivision 8.

Subd. 5.

Investigation by attorney general.

new text begin (a) new text end If the executive director or the
designated board member determines that investigation is necessary before resolving
the complaint, the executive director shall forward the complaint and any additional
information to the designee of the attorney general. The designee of the attorney general
shall evaluate the communications forwarded and investigate as appropriate.

new text begin (b) new text end The designee of the attorney general may also investigate any other complaint
forwarded under subdivision 3 when the designee of the attorney general determines that
investigation is necessary.

new text begin (c) new text end In the process of evaluation and investigation, the designee shall consult with
or seek the assistance of the executive director or the designated board member. The
designee may also consult with or seek the assistance of other qualified persons who are
not members of the board who the designee believes will materially aid in the process of
evaluation or investigation.

new text begin (d) new text end Upon completion of the investigation, the designee shall forward the investigative
report to the executive director new text begin with recommendations for further consideration or
dismissal new text end .

Subd. 6.

Attempts at resolution.

(a) At any time after receipt of a complaint, the
executive director or the designated board member may attempt to resolve the complaint
with the regulated person. The available means for resolution include a conference or
any other written or oral communication with the regulated person. A conference may
be held for the purposes of investigation, negotiation, education, or conciliation. new text begin Neither
the executive director nor any member of a board's staff shall be a voting member in any
attempts at resolutions which may result in disciplinary or corrective action. new text end The results
of attempts at resolution with the regulated person may include a recommendation to
the board for disciplinary action, an agreement between the executive director or the
designated board member and the regulated person for corrective action, or the dismissal
of a complaint. If attempts at resolution are not in the public interest deleted text begin or are not satisfactory
to the executive director or the designated board member deleted text end , deleted text begin then the executive director or
the designated board member may initiate deleted text end a contested case hearing new text begin may be initiated new text end .

(1) The designee of the attorney general shall represent the board in all attempts at
resolution which the executive director or the designated board member anticipate may
result in disciplinary action. A stipulation between the executive director or the designated
board member and the regulated person shall be presented to the board for the board's
consideration. An approved stipulation and resulting order shall become public data.

(2) The designee of the attorney general shall represent the board upon the request of
the executive director or the designated board member in all attempts at resolution which
the executive director or the designated board member anticipate may result in corrective
action. Any agreement between the executive director or the designated board member
and the regulated person for corrective action shall be in writing and shall be reviewed by
the designee of the attorney general prior to its execution. The agreement for corrective
action shall provide for dismissal of the complaint upon successful completion by the
regulated person of the corrective action.

(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
client, the board must forward the complaint to the designee of the attorney general for
an investigation. If, after it is investigated, the complaint appears to provide a basis for
disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
client unless, in the opinion of the executive director, the designated board member, and the
designee of the attorney general, there is insufficient evidence to justify disciplinary action.

Subd. 7.

Contested case hearing.

If the executive director or the designated board
member determines that attempts at resolution of a complaint are not in the public interest
deleted text begin or are not satisfactory to the executive director or the designated board member deleted text end , the
executive director or the designated board member, after consultation with the designee
of the attorney general, new text begin and the concurrence of a second board member, new text end may initiate a
contested case hearing under chapter 14. The designated board member or any board
member who was consulted during the course of an investigation may participate at the
contested case hearing. A designated or consulted board member may not deliberate or
vote in any proceeding before the board pertaining to the case.

Subd. 8.

Dismissal new text begin and reopening new text end of a complaint.

new text begin (a) new text end A complaint may not be
dismissed without the concurrence of at least two board members and, upon the request
of the complainant, a review by a representative of the attorney general's office. The
designee of the attorney general must review before dismissal any complaints which
allege any violation of chapter 609, any conduct which would be required to be reported
under section 626.556 or 626.557, any sexual contact or sexual conduct with a client,
any violation of a federal law, any actual or potential inability to practice the regulated
profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
materials, or as a result of any mental or physical condition, any violation of state medical
assistance laws, or any disciplinary action related to credentialing in another jurisdiction
or country which was based on the same or related conduct specified in this subdivision.

new text begin (b) The board may reopen a dismissed complaint if the board receives newly
discovered information that was not available to the board during the initial investigation
of the complaint, or if the board receives a new complaint that indicates a pattern of
behavior or conduct.
new text end

Subd. 9.

Information to complainant.

A board shall furnish to a person who made
a complaint a written description of the board's complaint process, and actions of the
board relating to the complaint.

Subd. 10.

Prohibited participation by board member.

A board member who
has actual bias or a current or former direct financial or professional connection with a
regulated person may not vote in board actions relating to the regulated person.

Sec. 26.

new text begin [214.107] CONVICTION OF A FELONY-LEVEL CRIMINAL SEXUAL
CONDUCT OFFENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to the health-related licensing
boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice,
and also applies to the Board of Barber Examiners, the Board of Cosmetologist Examiners,
and professions credentialed by the Minnesota Department of Health: (1) speech-language
pathologists and audiologists; (2) hearing instrument dispensers; and (3) occupational
therapists and occupational therapy assistants.
new text end

new text begin Subd. 2. new text end

new text begin Issuing and renewing a credential to practice. new text end

new text begin (a) Except as provided in
paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted on or after August 1, 2011, of
any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1, paragraphs (c) to (o); or 609.345, subdivision 1, paragraphs (b) to (o).
new text end

new text begin (b) A credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted in any other state or country on
or after August 1, 2011, of an offense where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a).
new text end

new text begin (c) A credential to practice is automatically revoked if the credentialed person is
convicted of an offense listed in paragraph (a).
new text end

new text begin (d) A credential to practice that has been denied or revoked under this section is
not subject to chapter 364.
new text end

new text begin (e) For purposes of this section, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
execution of the sentence and final disposition of the case is accomplished at a nonfelony
level.
new text end

new text begin (f) A credentialing authority listed in subdivision 1 may establish criteria whereby
an individual convicted of an offense listed in paragraph (a) of this subdivision may
become credentialed provided that the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.
new text end

new text begin A credentialing authority listed in subdivision 1 shall not consider an application under
this paragraph if the board determines that the victim involved in the offense was a patient
or a client of the applicant at the time of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credentials issued or renewed on
or after August 1, 2011.
new text end

Sec. 27.

new text begin [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
GUIDANCE.
new text end

new text begin A health-related licensing board may offer guidance to current licensees about the
application of laws and rules the board is empowered to enforce. This guidance shall not
bind any court or other adjudicatory body.
new text end

Sec. 28.

new text begin [214.109] RECORD KEEPING.
new text end

new text begin (a) A board may take administrative action against a regulated person whose records
do not meet the standards of professional practice. Records that are fraudulent or could
result in patient harm may be handled through disciplinary or other corrective action.
new text end

new text begin (b) For the first offense, a board shall issue a warning to the regulated person that
identifies the specific record-keeping deficiencies. The board may require the regulated
person to attend a remedial class.
new text end

new text begin (c) For a second offense, a board shall require additional training as determined by
the board and impose a $50 penalty on the regulated person.
new text end

new text begin (d) For a third offense, a board shall require additional training as determined by the
board and impose a $100 penalty on the regulated person.
new text end

new text begin (e) Action under this section shall not be considered disciplinary action.
new text end

Sec. 29.

Minnesota Statutes 2010, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.

new text begin (f) This chapter does not apply to a person who has been denied a license to practice
nursing by the board or whose license has been revoked by the board pursuant to section
148.192.
new text end

new text begin (g) This chapter does not apply to any person who has been denied a credential to
practice or whose credential to practice has been revoked by a credentialing authority in
accordance with section 214.107.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credentials issued or renewed on
or after August 1, 2011.
new text end

Sec. 30.

Laws 2010, chapter 349, section 1, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for deleted text begin new deleted text end licenses issued new text begin or renewed
new text end on or after August 1, 2010.

Sec. 31.

Laws 2010, chapter 349, section 2, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for deleted text begin new deleted text end licenses issued new text begin or renewed new text end
on or after August 1, 2010.

Sec. 32. new text begin WORKING GROUP; PSYCHIATRIC MEDICATIONS.
new text end

new text begin (a) The commissioner of health shall convene a working group composed of the
executive directors of the Boards of Medical Practice, Psychology, Social Work, and
Behavioral Health and Therapy and one representative from each professional association
to make recommendations on the feasibility of developing collaborative agreements
between psychiatrists and psychologists, social workers, and licensed professional clinical
counselors for administration and management of psychiatric medications.
new text end

new text begin (b) The executive directors shall take the lead in setting the agenda, convening
subsequent meetings, and presenting a written report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services.
The report and recommendations for legislation shall be submitted no later than January
1, 2012.
new text end

new text begin (c) The working group is not subject to the provisions of section 15.059.
new text end

Sec. 33. new text begin REPORT.
new text end

new text begin The executive directors of the health-related licensing boards shall issue a report to
the legislature with recommendations for use of nondisciplinary cease and desist letters
which can be issued to licensees when the board receives an allegation against a licensee,
but the allegation does not rise to the level of a complaint, does not involve patient harm,
and does not involve fraud. This report shall be issued no later than December 15, 2011.
new text end

Sec. 34. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each practice act regulated by a credentialing authority listed in Minnesota
Statutes, section 214.107, the revisor shall insert the following as either a new section
or new subdivision:
new text end

new text begin Applicants for a credential to practice and individuals renewing a credential to
practice are subject to the provisions of the conviction of felony-level criminal sexual
conduct offenses in section 214.107.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 6310.3100, subpart 2; 6310.3600; and 6310.3700, subpart
1, new text end new text begin are repealed.
new text end