HF 4247

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/07/2024 07:27pm

A bill for an act
relating to health; establishing registration for transfer care specialists; establishing
licensure for behavior analysts; establishing licensure for veterinary technicians
and a veterinary institutional license; modifying provisions of veterinary
supervision; modifying specialty dentist licensure and dental assistant licensure
by credentials; removing additional collaboration requirements for physician
assistants to provide certain psychiatric treatment; modifying social worker
provisional licensure; establishing guest licensure for marriage and family
therapists; modifying pharmacy provisions for certain reporting requirements and
change of ownership or relocation; appropriating money; amending Minnesota
Statutes 2022, sections 148D.061, subdivisions 1, 8; 148D.062, subdivisions 3, 4;
148D.063, subdivisions 1, 2; 148E.055, by adding subdivisions; 149A.01,
subdivision 3; 149A.02, subdivision 13a, by adding a subdivision; 149A.03;
149A.09; 149A.11; 149A.60; 149A.61, subdivisions 4, 5; 149A.62; 149A.63;
149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5, 7; 149A.90, subdivisions
2, 4, 5; 150A.06, subdivisions 1c, 8; 151.065, by adding subdivisions; 151.066,
subdivisions 1, 2, 3; 156.001, by adding subdivisions; 156.07; 156.12, subdivisions
2, 4; Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 148; 148B; 149A;
156; repealing Minnesota Statutes 2022, sections 147A.09, subdivision 5; 148D.061,
subdivision 9; 156.12, subdivision 6.

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

ARTICLE 1

TRANSFER CARE SPECIALISTS

Section 1.

Minnesota Statutes 2022, section 149A.01, subdivision 3, is amended to read:

Subd. 3.

Exceptions to licensure.

(a) Except as otherwise provided in this chapter,
nothing in this chapter shall in any way interfere with the duties of:

(1) an anatomical bequest program located within an accredited school of medicine or
an accredited college of mortuary science;

(2) a person engaged in the performance of duties prescribed by law relating to the
conditions under which unclaimed dead human bodies are held subject to anatomical study;

(3) authorized personnel from a licensed ambulance service in the performance of their
duties;

(4) licensed medical personnel in the performance of their duties; or

(5) the coroner or medical examiner in the performance of the duties of their offices.

(b) This chapter does not apply to or interfere with the recognized customs or rites of
any culture or recognized religion in the ceremonial washing, dressing, casketing, and public
transportation of their dead, to the extent that all other provisions of this chapter are complied
with.

(c) Noncompensated persons with the right to control the dead human body, under section
149A.80, subdivision 2, may remove a body from the place of death; transport the body;
prepare the body for disposition, except embalming; or arrange for final disposition of the
body, provided that all actions are in compliance with this chapter.

(d) Persons serving internships pursuant to section 149A.20, subdivision 6 deleted text begin , or deleted text end new text begin ; new text end students
officially registered for a practicum or clinical through a program of mortuary science
accredited by the American Board of Funeral Service Education new text begin ; or transfer care specialists
registered pursuant to section 149A.47 new text end are not required to be licensed, provided that the
persons deleted text begin or deleted text end new text begin , new text end students new text begin , or transfer care specialists new text end are registered with the commissioner and
act under the direct and exclusive supervision of a person holding a current license to practice
mortuary science in Minnesota.

(e) Notwithstanding this subdivision, nothing in this section shall be construed to prohibit
an institution or entity from establishing, implementing, or enforcing a policy that permits
only persons licensed by the commissioner to remove or cause to be removed a dead body
or body part from the institution or entity.

(f) An unlicensed person may arrange for and direct or supervise a memorial service if
that person or that person's employer does not have charge of the dead human body. An
unlicensed person may not take charge of the dead human body, unless that person has the
right to control the dead human body under section 149A.80, subdivision 2, or is that person's
noncompensated designee.

Sec. 2.

Minnesota Statutes 2022, section 149A.02, subdivision 13a, is amended to read:

Subd. 13a.

Direct supervision.

"Direct supervision" means overseeing the performance
of an individual. For the purpose of a clinical, practicum, or internship, direct supervision
means that the supervisor is available to observe and correct, as needed, the performance
of the trainee. new text begin For the purpose of a transfer care specialist, direct supervision means that
the supervisor is available by being physically present or by telephone to advise and correct,
as needed, the performance of the transfer care specialist. new text end The new text begin supervising new text end mortician
deleted text begin supervisor deleted text end is accountable for the actions of the clinical student, practicum student, or intern
throughout the course of the training. The supervising mortician is accountable for any
violations of law or rule, in the performance of their duties, by the clinical student, practicum
student, deleted text begin or deleted text end intern new text begin , or transfer care specialist new text end .

Sec. 3.

Minnesota Statutes 2022, section 149A.02, is amended by adding a subdivision to
read:

new text begin Subd. 37d. new text end

new text begin Transfer care specialist. new text end

new text begin "Transfer care specialist" means an individual who
is registered with the commissioner in accordance with section 149A.47 and is authorized
to perform the removal of a dead human body from the place of death under the direct
supervision of a licensed mortician.
new text end

Sec. 4.

Minnesota Statutes 2022, section 149A.03, is amended to read:

149A.03 DUTIES OF COMMISSIONER.

The commissioner shall:

(1) enforce all laws and adopt and enforce rules relating to the:

(i) removal, preparation, transportation, arrangements for disposition, and final disposition
of dead human bodies;

(ii) licensure new text begin , registration, new text end and professional conduct of funeral directors, morticians,
interns, practicum students, deleted text begin and deleted text end clinical students new text begin , and transfer care specialists new text end ;

(iii) licensing and operation of a funeral establishment;

(iv) licensing and operation of an alkaline hydrolysis facility; and

(v) licensing and operation of a crematory;

(2) provide copies of the requirements for licensure new text begin , registration, new text end and permits to all
applicants;

(3) administer examinations and issue licenses new text begin , registrations, new text end and permits to qualified
persons and other legal entities;

(4) maintain a record of the name and location of all current licensees deleted text begin and deleted text end new text begin , new text end interns new text begin , and
transfer care specialists new text end ;

(5) perform periodic compliance reviews and premise inspections of licensees;

(6) accept and investigate complaints relating to conduct governed by this chapter;

(7) maintain a record of all current preneed arrangement trust accounts;

(8) maintain a schedule of application, examination, permit, new text begin registration, new text end and licensure
fees, initial and renewal, sufficient to cover all necessary operating expenses;

(9) educate the public about the existence and content of the laws and rules for mortuary
science licensing and the removal, preparation, transportation, arrangements for disposition,
and final disposition of dead human bodies to enable consumers to file complaints against
licensees and others who may have violated those laws or rules;

(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science
in order to refine the standards for licensing and to improve the regulatory and enforcement
methods used; and

(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the
laws, rules, or procedures governing the practice of mortuary science and the removal,
preparation, transportation, arrangements for disposition, and final disposition of dead
human bodies.

Sec. 5.

Minnesota Statutes 2022, section 149A.09, is amended to read:

149A.09 DENIAL; REFUSAL TO REISSUE; REVOCATION; SUSPENSION;
LIMITATION OF LICENSE new text begin , REGISTRATION, new text end OR PERMIT.

Subdivision 1.

Denial; refusal to renew; revocation; and suspension.

The regulatory
agency may deny, refuse to renew, revoke, or suspend any license new text begin , registration, new text end or permit
applied for or issued pursuant to this chapter when the person subject to regulation under
this chapter:

(1) does not meet or fails to maintain the minimum qualification for holding a license new text begin ,
registration, new text end or permit under this chapter;

(2) submits false or misleading material information to the regulatory agency in
connection with a license new text begin , registration, new text end or permit issued by the regulatory agency or the
application for a license new text begin , registration, new text end or permit;

(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement,
license, new text begin registration, new text end or permit that regulates the removal, preparation, transportation,
arrangements for disposition, or final disposition of dead human bodies in Minnesota or
any other state in the United States;

(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no contest plea in any court in Minnesota or any other jurisdiction in the United States.
"Conviction," as used in this subdivision, includes a conviction for an offense which, if
committed in this state, would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is
made or returned, but the adjudication of guilt is either withheld or not entered;

(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no contest plea in any court in Minnesota or any other jurisdiction in the United States
that the regulatory agency determines is reasonably related to the removal, preparation,
transportation, arrangements for disposition or final disposition of dead human bodies, or
the practice of mortuary science;

(6) is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or
mentally ill and dangerous to the public;

(7) has a conservator or guardian appointed;

(8) fails to comply with an order issued by the regulatory agency or fails to pay an
administrative penalty imposed by the regulatory agency;

(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota
Department of Revenue, or any other governmental agency authorized to collect taxes
anywhere in the United States;

(10) is in arrears on any court ordered family or child support obligations; or

(11) engages in any conduct that, in the determination of the regulatory agency, is
unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit
to practice mortuary science or to operate a funeral establishment or crematory.

Subd. 2.

Hearings related to refusal to renew, suspension, or revocation of license new text begin ,
registration, new text end or permit.

If the regulatory agency proposes to deny renewal, suspend, or
revoke a license new text begin , registration, new text end or permit issued under this chapter, the regulatory agency
must first notify, in writing, the person against whom the action is proposed to be taken and
provide an opportunity to request a hearing under the contested case provisions of sections
14.57 to 14.62. If the subject of the proposed action does not request a hearing by notifying
the regulatory agency, by mail, within 20 calendar days after the receipt of the notice of
proposed action, the regulatory agency may proceed with the action without a hearing and
the action will be the final order of the regulatory agency.

Subd. 3.

Review of final order.

A judicial review of the final order issued by the
regulatory agency may be requested in the manner prescribed in sections 14.63 to 14.69.
Failure to request a hearing pursuant to subdivision 2 shall constitute a waiver of the right
to further agency or judicial review of the final order.

Subd. 4.

Limitations or qualifications placed on license new text begin , registration, new text end or permit.

The
regulatory agency may, where the facts support such action, place reasonable limitations
or qualifications on the right to practice mortuary science deleted text begin or deleted text end new text begin , new text end to operate a funeral
establishment or crematory new text begin , or to perform activities or actions permitted under this chapter new text end .

Subd. 5.

Restoring license new text begin , registration, new text end or permit.

The regulatory agency may, where
there is sufficient reason, restore a license new text begin , registration, new text end or permit that has been revoked,
reduce a period of suspension, or remove limitations or qualifications.

Sec. 6.

Minnesota Statutes 2022, section 149A.11, is amended to read:

149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.

The regulatory agencies shall report all disciplinary measures or actions taken to the
commissioner. At least annually, the commissioner shall publish and make available to the
public a description of all disciplinary measures or actions taken by the regulatory agencies.
The publication shall include, for each disciplinary measure or action taken, the name and
business address of the licensee deleted text begin or deleted text end new text begin , new text end intern, new text begin or transfer care specialist; new text end the nature of the
misconduct deleted text begin , deleted text end new text begin ; new text end and the measure or action taken by the regulatory agency.

Sec. 7.

new text begin [149A.47] TRANSFER CARE SPECIALIST.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin A transfer care specialist may remove a dead human body from
the place of death under the direct supervision of a licensed mortician if the transfer care
specialist is registered with the commissioner in accordance with this section. A transfer
care specialist is not licensed to engage in the practice of mortuary science and shall not
engage in the practice of mortuary science except as provided in this section. A transfer
care specialist must be an employee of a licensed funeral establishment.
new text end

new text begin Subd. 2. new text end

new text begin Registration. new text end

new text begin (a) To be eligible for registration as a transfer care specialist, an
applicant must submit to the commissioner:
new text end

new text begin (1) a completed application on a form provided by the commissioner that includes at a
minimum:
new text end

new text begin (i) the applicant's name, home address and telephone number, business name, business
address and telephone number, and email address; and
new text end

new text begin (ii) the name, license number, business name, and business address and telephone number
of the supervising licensed mortician;
new text end

new text begin (2) proof of completion of a training program that meets the requirements specified in
subdivision 4; and
new text end

new text begin (3) the appropriate fee specified in section 149A.65.
new text end

new text begin (b) All transfer care specialist registrations are valid for one calendar year, beginning
on January 1 and ending on December 31 regardless of the date of issuance. Fees shall not
be prorated.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) A transfer care specialist registered under this section is authorized
to perform the removal of a dead human body from the place of death in accordance with
this chapter to a licensed funeral establishment. A transfer care specialist must comply with
the universal precaution requirements in section 149A.91, subdivision 1, when handling a
dead human body.
new text end

new text begin (b) A transfer care specialist must work under the direct supervision of a licensed
mortician. The supervising mortician is responsible for the work performed by the transfer
care specialist. A licensed mortician may supervise up to four transfer care specialists at
any one time.
new text end

new text begin Subd. 4. new text end

new text begin Training program and continuing education. new text end

new text begin (a) Each transfer care specialist
must complete a training program prior to initial registration. A training program must be
at least seven hours long and must cover, at a minimum, the following:
new text end

new text begin (1) ethical care and transportation procedures for a deceased person;
new text end

new text begin (2) health and safety concerns to the public and the individual performing the transfer
of the deceased person and the use of universal precautions and other reasonable precautions
to minimize the risk for transmitting communicable diseases; and
new text end

new text begin (3) all relevant state and federal laws and regulations related to the transfer and
transportation of deceased persons.
new text end

new text begin (b) A transfer care specialist must complete three hours of continuing education annually
on content described in paragraph (a), clauses (1) to (3), and submit evidence of completion
with the individual's registration renewal.
new text end

new text begin Subd. 5. new text end

new text begin Renewal. new text end

new text begin (a) A registration issued under this section expires on December 31
of the calendar year in which the registration was issued and must be renewed to remain
valid.
new text end

new text begin (b) To renew a registration, a transfer care specialist must submit to the commissioner
a completed renewal application as provided by the commissioner. The renewal application
must include proof of completion of the continuing education requirements in subdivision
4.
new text end

Sec. 8.

Minnesota Statutes 2022, section 149A.60, is amended to read:

149A.60 PROHIBITED CONDUCT.

The regulatory agency may impose disciplinary measures or take disciplinary action
against a person whose conduct is subject to regulation under this chapter for failure to
comply with any provision of this chapter or laws, rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, new text begin registrations, new text end and permits adopted deleted text begin , deleted text end or issued
for the regulation of the removal, preparation, transportation, arrangements for disposition
or final disposition of dead human bodies, or for the regulation of the practice of mortuary
science.

Sec. 9.

Minnesota Statutes 2022, section 149A.61, subdivision 4, is amended to read:

Subd. 4.

Licensees deleted text begin and deleted text end new text begin , new text end interns new text begin , and transfer care specialists new text end .

A licensee deleted text begin or deleted text end new text begin , new text end intern new text begin ,
or transfer care specialist new text end regulated under this chapter may report to the commissioner any
conduct that the licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end has personal knowledge of,
and reasonably believes constitutes grounds for, disciplinary action under this chapter.

Sec. 10.

Minnesota Statutes 2022, section 149A.61, subdivision 5, is amended to read:

Subd. 5.

Courts.

The court administrator of district court or any court of competent
jurisdiction shall report to the commissioner any judgment or other determination of the
court that adjudges or includes a finding that a licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end
is a person who is mentally ill, mentally incompetent, guilty of a felony or gross
misdemeanor, guilty of violations of federal or state narcotics laws or controlled substances
acts; appoints a guardian or conservator for the licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end ;
or commits a licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end .

Sec. 11.

Minnesota Statutes 2022, section 149A.62, is amended to read:

149A.62 IMMUNITY; REPORTING.

Any person, private agency, organization, society, association, licensee, deleted text begin or deleted text end intern new text begin , or
transfer care specialist new text end who, in good faith, submits information to a regulatory agency under
section 149A.61 or otherwise reports violations or alleged violations of this chapter, is
immune from civil liability or criminal prosecution. This section does not prohibit disciplinary
action taken by the commissioner against any licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end
pursuant to a self report of a violation.

Sec. 12.

Minnesota Statutes 2022, section 149A.63, is amended to read:

149A.63 PROFESSIONAL COOPERATION.

A licensee, clinical student, practicum student, intern, new text begin transfer care specialist, new text end or applicant
for licensure under this chapter that is the subject of or part of an inspection or investigation
by the commissioner or the commissioner's designee shall cooperate fully with the inspection
or investigation. Failure to cooperate constitutes grounds for disciplinary action under this
chapter.

Sec. 13.

Minnesota Statutes 2022, section 149A.65, subdivision 2, is amended to read:

Subd. 2.

Mortuary science fees.

Fees for mortuary science are:

(1) $75 for the initial and renewal registration of a mortuary science intern;

(2) $125 for the mortuary science examination;

(3) $200 for issuance of initial and renewal mortuary science licenses;

(4) $100 late fee charge for a license renewal; deleted text begin and
deleted text end

(5) $250 for issuing a mortuary science license by endorsement deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) $225 for the initial registration of a transfer care specialist.
new text end

Sec. 14.

Minnesota Statutes 2022, section 149A.70, subdivision 3, is amended to read:

Subd. 3.

Advertising.

No licensee, clinical student, practicum student, deleted text begin or deleted text end intern new text begin , or
transfer care specialist new text end shall publish or disseminate false, misleading, or deceptive advertising.
False, misleading, or deceptive advertising includes, but is not limited to:

(1) identifying, by using the names or pictures of, persons who are not licensed to practice
mortuary science in a way that leads the public to believe that those persons will provide
mortuary science services;

(2) using any name other than the names under which the funeral establishment, alkaline
hydrolysis facility, or crematory is known to or licensed by the commissioner;

(3) using a surname not directly, actively, or presently associated with a licensed funeral
establishment, alkaline hydrolysis facility, or crematory, unless the surname had been
previously and continuously used by the licensed funeral establishment, alkaline hydrolysis
facility, or crematory; and

(4) using a founding or establishing date or total years of service not directly or
continuously related to a name under which the funeral establishment, alkaline hydrolysis
facility, or crematory is currently or was previously licensed.

Any advertising or other printed material that contains the names or pictures of persons
affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory shall state
the position held by the persons and shall identify each person who is licensed or unlicensed
under this chapter.

Sec. 15.

Minnesota Statutes 2022, section 149A.70, subdivision 4, is amended to read:

Subd. 4.

Solicitation of business.

No licensee shall directly or indirectly pay or cause
to be paid any sum of money or other valuable consideration for the securing of business
or for obtaining the authority to dispose of any dead human body.

For purposes of this subdivision, licensee includes a registered intern new text begin , transfer care
specialist, new text end or any agent, representative, employee, or person acting on behalf of the licensee.

Sec. 16.

Minnesota Statutes 2022, section 149A.70, subdivision 5, is amended to read:

Subd. 5.

Reimbursement prohibited.

No licensee, clinical student, practicum student,
deleted text begin or deleted text end intern new text begin , or transfer care specialist new text end shall offer, solicit, or accept a commission, fee, bonus,
rebate, or other reimbursement in consideration for recommending or causing a dead human
body to be disposed of by a specific body donation program, funeral establishment, alkaline
hydrolysis facility, crematory, mausoleum, or cemetery.

Sec. 17.

Minnesota Statutes 2022, section 149A.70, subdivision 7, is amended to read:

Subd. 7.

Unprofessional conduct.

No licensee deleted text begin or deleted text end new text begin , new text end intern new text begin , or transfer care specialist new text end shall
engage in or permit others under the licensee's deleted text begin or deleted text end new text begin , new text end intern's new text begin , or transfer care specialist's new text end
supervision or employment to engage in unprofessional conduct. Unprofessional conduct
includes, but is not limited to:

(1) harassing, abusing, or intimidating a customer, employee, or any other person
encountered while within the scope of practice, employment, or business;

(2) using profane, indecent, or obscene language within the immediate hearing of the
family or relatives of the deceased;

(3) failure to treat with dignity and respect the body of the deceased, any member of the
family or relatives of the deceased, any employee, or any other person encountered while
within the scope of practice, employment, or business;

(4) the habitual overindulgence in the use of or dependence on intoxicating liquors,
prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering
substances that substantially impair a person's work-related judgment or performance;

(5) revealing personally identifiable facts, data, or information about a decedent, customer,
member of the decedent's family, or employee acquired in the practice or business without
the prior consent of the individual, except as authorized by law;

(6) intentionally misleading or deceiving any customer in the sale of any goods or services
provided by the licensee;

(7) knowingly making a false statement in the procuring, preparation, or filing of any
required permit or document; or

(8) knowingly making a false statement on a record of death.

Sec. 18.

Minnesota Statutes 2022, section 149A.90, subdivision 2, is amended to read:

Subd. 2.

Removal from place of death.

No person subject to regulation under this
chapter shall remove or cause to be removed any dead human body from the place of death
without being licensed new text begin or registered new text end by the commissioner. Every dead human body shall be
removed from the place of death by a licensed mortician or funeral director, except as
provided in section 149A.01, subdivision 3.

Sec. 19.

Minnesota Statutes 2022, section 149A.90, subdivision 4, is amended to read:

Subd. 4.

Certificate of removal.

No dead human body shall be removed from the place
of death by a mortician deleted text begin or deleted text end new text begin , new text end funeral director new text begin , or transfer care specialist new text end or by a noncompensated
person with the right to control the dead human body without the completion of a certificate
of removal and, where possible, presentation of a copy of that certificate to the person or a
representative of the legal entity with physical or legal custody of the body at the death site.
The certificate of removal shall be in the format provided by the commissioner that contains,
at least, the following information:

(1) the name of the deceased, if known;

(2) the date and time of removal;

(3) a brief listing of the type and condition of any personal property removed with the
body;

(4) the location to which the body is being taken;

(5) the name, business address, and license number of the individual making the removal;
and

(6) the signatures of the individual making the removal and, where possible, the individual
or representative of the legal entity with physical or legal custody of the body at the death
site.

Sec. 20.

Minnesota Statutes 2022, section 149A.90, subdivision 5, is amended to read:

Subd. 5.

Retention of certificate of removal.

A copy of the certificate of removal shall
be given, where possible, to the person or representative of the legal entity having physical
or legal custody of the body at the death site. The original certificate of removal shall be
retained by the individual making the removal and shall be kept on file, at the funeral
establishment to which the body was taken, for a period of three calendar years following
the date of the removal. new text begin If the removal was performed by a transfer care specialist not
employed by the funeral establishment to which the body was taken, the transfer care
specialist must retain a copy of the certificate of removal at the transfer care specialist's
business address as registered with the commissioner for a period of three calendar years
following the date of removal. new text end Following this period, and subject to any other laws requiring
retention of records, the funeral establishment may then place the records in storage or
reduce them to microfilm, microfiche, laser disc, or any other method that can produce an
accurate reproduction of the original record, for retention for a period of ten calendar years
from the date of the removal of the body. At the end of this period and subject to any other
laws requiring retention of records, the funeral establishment may destroy the records by
shredding, incineration, or any other manner that protects the privacy of the individuals
identified in the records.

ARTICLE 2

BEHAVIOR ANALYST LICENSURE

Section 1.

new text begin [148.9981] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 148.9981 to 148.9995, the terms in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Accredited school or educational program. new text end

new text begin "Accredited school or educational
program" means a school, university, college, or other postsecondary education program
that, at the time the student completes the program, is accredited by a regional accrediting
association whose standards are substantially equivalent to those of the North Central
Association of Colleges and Postsecondary Education Institutions or an accrediting
association that evaluates schools of behavior analysis, psychology, or education for inclusion
of the education, practicum, and core function standards.
new text end

new text begin Subd. 3. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Behavior Analyst Advisory
Council established in section 148.9994.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Psychology established in section 148.90.
new text end

new text begin Subd. 5. new text end

new text begin Certifying entity. new text end

new text begin "Certifying entity" means the Behavior Analyst Certification
Board, Inc., or a successor organization or other organization approved by the board in
consultation with the advisory council.
new text end

new text begin Subd. 6. new text end

new text begin Client. new text end

new text begin "Client" means an individual who is the recipient of behavior analysis
services. Client also means "patient" as defined in section 144.291, subdivision 2, paragraph
(g).
new text end

new text begin Subd. 7. new text end

new text begin Licensed behavior analyst. new text end

new text begin "Licensed behavior analyst" or "behavior analyst"
means an individual who holds a valid license issued under sections 148.9981 to 148.9995
to engage in the practice of applied behavior analysis.
new text end

new text begin Subd. 8. new text end

new text begin Licensee. new text end

new text begin "Licensee" means an individual who holds a valid license issued
under sections 148.9981 to 148.9995.
new text end

new text begin Subd. 9. new text end

new text begin Practice of applied behavior analysis. new text end

new text begin (a) "Practice of applied behavior
analysis" means the design, implementation, and evaluation of social, instructional, and
environmental modifications to produce socially significant improvements in human behavior.
The practice of applied behavior analysis includes the empirical identification of functional
relations between behavior and environmental factors, known as functional behavioral
assessment and analysis. Applied behavior analysis interventions are based on scientific
research, direct and indirect observation, and measurement of behavior and environment
and utilize contextual factors, motivating operations, antecedent stimuli, positive
reinforcement, and other procedures to help individuals develop new behaviors, increase
or decrease existing behaviors, and emit behaviors under specific social, instructional, and
environmental conditions.
new text end

new text begin (b) The practice of applied behavior analysis does not include the diagnosis of psychiatric
or mental health disorders, psychological testing, neuropsychology, psychotherapy, cognitive
therapy, sex therapy, hypnotherapy, psychoanalysis, or psychological counseling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

new text begin [148.9982] DUTIES OF THE BOARD OF PSYCHOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The board, in consultation with the advisory council, must:
new text end

new text begin (1) adopt and enforce standards for licensure, licensure renewal, and the regulation of
behavior analysts;
new text end

new text begin (2) issue licenses to qualified individuals under sections 148.9981 to 148.9995;
new text end

new text begin (3) carry out disciplinary actions against licensed behavior analysts;
new text end

new text begin (4) educate the public about the existence and content of the regulations for behavior
analyst licensing to enable consumers to file complaints against licensees who may have
violated laws or rules the board is empowered to enforce; and
new text end

new text begin (5) collect license fees for behavior analysts as specified under section 148.9995.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin The board, in consultation with the advisory council, may adopt
rules necessary to carry out the provisions of sections 148.9981 to 148.9995.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 3.

new text begin [148.9983] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin An individual seeking licensure as a behavior analyst must
complete and submit a written application on forms provided by the board together with
the appropriate fee as specified under section 148.9995.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for licensure. new text end

new text begin An applicant for licensure as a behavior analyst
must submit evidence satisfactory to the board that the applicant:
new text end

new text begin (1) has a current and active national certification as a board-certified behavior analyst
issued by the certifying entity; or
new text end

new text begin (2) has completed the equivalent requirements for certification by the certifying entity,
including satisfactorily passing a psychometrically valid examination administered by a
nationally accredited credentialing organization.
new text end

new text begin Subd. 3. new text end

new text begin Background investigation. new text end

new text begin The applicant must complete a background check
pursuant to section 214.075.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 4.

new text begin [148.9984] LICENSE RENEWAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Biennial renewal. new text end

new text begin A license must be renewed every two years.
new text end

new text begin Subd. 2. new text end

new text begin License renewal notice. new text end

new text begin At least 60 calendar days before the renewal deadline
date, the board must mail a renewal notice to the licensee's last known address on file with
the board. The notice must include instructions for accessing an online application for license
renewal, the renewal deadline, and notice of fees required for renewal. The licensee's failure
to receive notice does not relieve the licensee of the obligation to meet the renewal deadline
and other requirements for license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Renewal requirements. new text end

new text begin (a) To renew a license, a licensee must submit to the
board:
new text end

new text begin (1) a completed and signed application for license renewal;
new text end

new text begin (2) the license renewal fee as specified under section 148.9995; and
new text end

new text begin (3) evidence satisfactory to the board that the licensee holds a current and active national
certification as a behavior analyst from the certifying entity or otherwise meets renewal
requirements as established by the board, in consultation with the advisory council.
new text end

new text begin (b) The application for license renewal and fee must be postmarked or received by the
board by the end of the day on which the license expires or the following business day if
the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is
not completed and signed, or that is not accompanied by the correct fee, is void and must
be returned to the licensee.
new text end

new text begin Subd. 4. new text end

new text begin Pending renewal. new text end

new text begin If a licensee's application for license renewal is postmarked
or received by the board by the end of the business day on the expiration date of the license
or the following business day if the expiration date falls on a Saturday, Sunday, or holiday,
the licensee may continue to practice after the expiration date while the application for
license renewal is pending with the board.
new text end

new text begin Subd. 5. new text end

new text begin Late renewal fee. new text end

new text begin If the application for license renewal is postmarked or
received after the expiration date of the license or the following business day if the expiration
date falls on a Saturday, Sunday, or holiday, the licensee must pay a biennial renewal late
fee as specified by section 148.9995, in addition to the renewal fee, before the licensee's
application for license renewal will be considered by the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 5.

new text begin [148.9985] EXPIRED LICENSE.
new text end

new text begin (a) Within 30 days after the renewal date, a licensee who has not renewed their license
must be notified by letter, sent to the last known address of the licensee in the board's file,
that the renewal is overdue and that failure to pay the current fee and current biennial renewal
late fee within 60 days after the renewal date will result in termination of the license.
new text end

new text begin (b) The board must terminate the license of a licensee whose license renewal is at least
60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure
of a licensee to receive notification is not grounds for later challenge of the termination.
The former licensee must be notified of the termination by letter within seven days after
board action, in the same manner as provided in paragraph (a).
new text end

new text begin (c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee
for complaints received after termination of a license regarding conduct that occurred during
licensure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 6.

new text begin [148.9986] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Practice. new text end

new text begin Effective January 1, 2025, an individual must not engage in
the practice of applied behavior analysis unless the individual is licensed under sections
148.9981 to 148.9995 as a behavior analyst or is exempt under section 148.9987. A
psychologist licensed under sections 148.88 to 148.981 who practices behavior analysis is
not required to obtain a license as a behavior analyst under sections 148.9981 to 148.9995.
new text end

new text begin Subd. 2. new text end

new text begin Use of titles. new text end

new text begin (a) An individual must not use a title incorporating the words
"licensed behavior analyst," or "behavior analyst," or use any other title or description stating
or implying that they are licensed or otherwise qualified to practice applied behavior analysis,
unless that person holds a valid license under sections 148.9981 to 148.9995.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed psychologist who practices applied behavior
analysis within the psychologist's scope of practice may use the title "behavior analyst," but
must not use the title "licensed behavior analyst" unless the licensed psychologist holds a
valid license as a behavior analyst issued under sections 148.9981 to 148.9995.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin An individual who violates this section is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 7.

new text begin [148.9987] EXCEPTIONS TO LICENSE REQUIREMENT.
new text end

new text begin (a) Sections 148.9981 to 148.9995 must not be construed to prohibit or restrict:
new text end

new text begin (1) the practice of an individual who is licensed to practice psychology in the state or
an individual who is providing psychological services under the supervision of a licensed
psychologist in accordance with section 148.925;
new text end

new text begin (2) the practice of any other profession or occupation licensed, certified, or registered
by the state by an individual duly licensed, certified, or registered to practice the profession
or occupation or to perform any act that falls within the scope of practice of the profession
or occupation;
new text end

new text begin (3) an individual who is employed by a school district from providing behavior analysis
services as part of the individual's employment with the school district, so long as the
individual does not provide behavior analysis services to any person or entity other than as
an employee of the school district or accept remuneration for the provision of behavior
analysis services outside of the individual's employment with the school district;
new text end

new text begin (4) an employee of a program licensed under chapter 245D from providing the services
described in section 245D.091, subdivision 1;
new text end

new text begin (5) teaching behavior analysis or conducting behavior analysis research if the teaching
or research does not involve the direct delivery of behavior analysis services;
new text end

new text begin (6) providing behavior analysis services by an unlicensed supervisee or trainee under
the authority and direction of a licensed behavior analyst and in compliance with the licensure
and supervision standards required by law or rule;
new text end

new text begin (7) a family member or guardian of the recipient of behavior analysis services from
performing behavior analysis services under the authority and direction of a licensed behavior
analyst; or
new text end

new text begin (8) students or interns enrolled in an accredited school or educational program, or
participating in a behavior analysis practicum, from engaging in the practice of applied
behavior analysis while supervised by a licensed behavior analyst or instructor of an
accredited school or educational program. These individuals must be designated as a behavior
analyst student or intern.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed psychologist may supervise an unlicensed
supervisee, trainee, student, or intern who is engaged in the practice of behavior analysis if
the supervision is authorized under the Minnesota Psychology Practice Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 8.

new text begin [148.9988] NONTRANSFERABILITY OF LICENSES.
new text end

new text begin A behavior analyst license is not transferable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 9.

new text begin [148.9989] DUTY TO MAINTAIN CURRENT INFORMATION.
new text end

new text begin All licensees and applicants for licensure must notify the board within 30 days of the
occurrence of:
new text end

new text begin (1) a change of name, address, place of employment, or home or business telephone
number; or
new text end

new text begin (2) a change in any other application information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 10.

new text begin [148.999] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of sections 148.9981 to 148.9995, behavior analysts are subject to the
provisions of sections 148.941, 148.952 to 148.965, and 148.98.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 11.

new text begin [148.9991] COMPETENT PROVISION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Limits on practice. new text end

new text begin Behavior analysts must limit practice to the client
populations and services for which the behavior analysts have competence or for which the
behavior analysts are developing competence.
new text end

new text begin Subd. 2. new text end

new text begin Developing competence. new text end

new text begin When a behavior analyst is developing competence
in a service, method, or procedure, or is developing competence to treat a specific client
population, the behavior analyst must obtain professional education, training, continuing
education, consultation, supervision or experience, or a combination thereof, necessary to
demonstrate competence.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin A behavior analyst must recognize the limitations to the scope of
practice of applied behavior analysis. When the needs of a client appear to be outside the
behavior analyst's scope of practice, the behavior analyst must inform the client that there
may be other professional, technical, community, and administrative resources available to
the client. A behavior analyst must assist with identifying resources when it is in the best
interest of a client to be provided with alternative or complementary services.
new text end

new text begin Subd. 4. new text end

new text begin Burden of proof. new text end

new text begin Whenever a complaint is submitted to the board involving
a violation of this section, the burden of proof is on the behavior analyst to demonstrate that
the elements of competence have been reasonably met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 12.

new text begin [148.9992] DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT
BEHAVIOR OF PATIENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end

new text begin (b) "Other person" means an immediate family member or someone who personally
knows the client and has reason to believe the client is capable of and will carry out a serious,
specific threat of harm to a specific, clearly identified or identifiable victim.
new text end

new text begin (c) "Reasonable efforts" means communicating a serious, specific threat to the potential
victim and, if unable to make contact with the potential victim, communicating the serious,
specific threat to the law enforcement agency closest to the potential victim or the client.
new text end

new text begin (d) "Licensee" has the meaning given in section 148.9981 and includes behavior analysis
students, interns, and unlicensed supervisees who are participating in a behavior analysis
practicum or enrolled in an accredited school or educational program.
new text end

new text begin Subd. 2. new text end

new text begin Duty to warn. new text end

new text begin The duty to predict, warn of, or take reasonable precautions to
provide protection from violent behavior arises only when a client or other person has
communicated to the licensee a specific, serious threat of physical violence against a specific,
clearly identified or identifiable potential victim. If a duty to warn arises, the duty is
discharged by the licensee if reasonable efforts are made to communicate the threat.
new text end

new text begin Subd. 3. new text end

new text begin Liability standard. new text end

new text begin If no duty to warn exists under subdivision 2, then no
monetary liability and no cause of action may arise against a licensee for failure to predict,
warn of, or take reasonable precautions to provide protection from a client's violent behavior.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of confidences. new text end

new text begin Good faith compliance with the duty to warn must
not constitute a breach of confidence and must not result in monetary liability or a cause of
action against the licensee.
new text end

new text begin Subd. 5. new text end

new text begin Continuity of care. new text end

new text begin Subdivision 2 must not be construed to authorize a licensee
to terminate treatment of a client as a direct result of a client's violent behavior or threat of
physical violence unless the client is referred to another practitioner or appropriate health
care facility.
new text end

new text begin Subd. 6. new text end

new text begin Exception. new text end

new text begin This section does not apply to a threat to commit suicide or other
threats by a client to harm the client, or to a threat by a client who is adjudicated as a person
who has a mental illness and is dangerous to the public under chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Optional disclosure. new text end

new text begin This section must not be construed to prohibit a licensee
from disclosing confidences to third parties in a good faith effort to warn or take precautions
against a client's violent behavior or threat to commit suicide for which a duty to warn does
not arise.
new text end

new text begin Subd. 8. new text end

new text begin Limitation on liability. new text end

new text begin No monetary liability and no cause of action or
disciplinary action by the board may arise against a licensee for disclosure of confidences
to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure
of confidences to third parties in a good faith effort to warn against or take precautions
against a client's violent behavior or threat of suicide for which a duty to warn does not
arise.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 13.

new text begin [148.9993] INFORMED CONSENT.
new text end

new text begin Subdivision 1. new text end

new text begin Obtaining informed consent for services. new text end

new text begin A behavior analyst must
obtain informed consent from the client or the client's legal guardian before initiating
services. The informed consent must be in writing, signed by the client, and include, at a
minimum, the following:
new text end

new text begin (1) consent for the behavior analyst to engage in activities that directly affect the client;
new text end

new text begin (2) the goals, purposes, and procedures of the proposed services;
new text end

new text begin (3) the factors that may impact the duration of the proposed services;
new text end

new text begin (4) the applicable fee schedule for the proposed services;
new text end

new text begin (5) the significant risks and benefits of the proposed services;
new text end

new text begin (6) the behavior analyst's limits under section 148.9991, including, if applicable,
information that the behavior analyst is developing competence in the proposed service,
method, or procedure, and alternatives to the proposed service, if any; and
new text end

new text begin (7) the behavior analyst's responsibilities if the client terminates the service.
new text end

new text begin Subd. 2. new text end

new text begin Updating informed consent. new text end

new text begin If there is a substantial change in the nature or
purpose of a service, the behavior analyst must obtain a new informed consent from the
client.
new text end

new text begin Subd. 3. new text end

new text begin Emergency or crisis services. new text end

new text begin Informed consent is not required when a behavior
analyst is providing emergency or crisis services. If services continue after the emergency
or crisis has abated, informed consent must be obtained.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 14.

new text begin [148.9994] BEHAVIOR ANALYST ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Behavior Analyst Advisory Council is created and
composed of five members appointed by the board. The advisory council consists of:
new text end

new text begin (1) one public member as defined in section 214.02;
new text end

new text begin (2) three members who are licensed behavior analysts; and
new text end

new text begin (3) one member who is a licensed psychologist and, to the extent practicable, who
practices applied behavior analysis.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The advisory council is established and administered under
section 15.059, except that the advisory council does not expire.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council must:
new text end

new text begin (1) advise the board regarding standards for behavior analysts;
new text end

new text begin (2) assist with the distribution of information regarding behavior analyst standards;
new text end

new text begin (3) advise the board on enforcement of sections 148.9981 to 148.9995;
new text end

new text begin (4) review license applications and license renewal applications and make
recommendations to the board;
new text end

new text begin (5) review complaints and complaint investigation reports and make recommendations
to the board on whether disciplinary action should be taken and, if applicable, what type;
new text end

new text begin (6) advise the board regarding evaluation and treatment protocols; and
new text end

new text begin (7) perform other duties authorized for advisory councils under chapter 214 as directed
by the board to ensure effective oversight of behavior analysts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 15.

new text begin [148.9995] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin All applicants and licensees must pay fees as follows:
new text end

new text begin (1) application fee, $225;
new text end

new text begin (2) license renewal fee, $225;
new text end

new text begin (3) inactive license renewal fee, $125;
new text end

new text begin (4) biennial renewal late fee, $100;
new text end

new text begin (5) inactive license renewal late fee, $100; and
new text end

new text begin (6) supervisor application processing fee, $225.
new text end

new text begin Subd. 2. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees in this section are nonrefundable.
new text end

new text begin Subd. 3. new text end

new text begin Deposit of fees. new text end

new text begin Fees collected by the board under this section must be deposited
in the state government special revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 16. new text begin INITIAL BEHAVIOR ANALYST ADVISORY COUNCIL.
new text end

new text begin The Board of Psychology must make the first appointments to the Behavior Analyst
Advisory Council authorized under Minnesota Statutes, section 148.9994, by September 1,
2024. The initial behavior analysts appointed to the advisory council need not be licensed
under Minnesota Statutes, sections 148.9981 to 148.9995, but must hold a current and active
national certification as a board certified behavior analyst. The chair of the Board of
Psychology must convene the first meeting of the council by September 1, 2024, and must
convene subsequent meetings of the council until an advisory chair is elected. The council
must elect a chair from its members by the third meeting of the council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

ARTICLE 3

BOARD OF VETERINARY MEDICINE

Section 1.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Direct supervision. new text end

new text begin "Direct supervision" means:
new text end

new text begin (1) when a supervising veterinarian or licensed veterinary technician is in the immediate
area and within audible or visual range of an animal and the unlicensed veterinary employee
treating the animal;
new text end

new text begin (2) the supervising veterinarian has met the requirements of a veterinarian-client-patient
relationship under section 156.16, subdivision 12; and
new text end

new text begin (3) the supervising veterinarian assumes responsibility for the professional care given
to an animal by a person working under the veterinarian's direction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Licensed veterinary technician. new text end

new text begin "Licensed veterinary technician" means a
person licensed by the board under section 156.077.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 3.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to
read:

new text begin Subd. 10b. new text end

new text begin Remote supervision. new text end

new text begin "Remote supervision" means:
new text end

new text begin (1) a veterinarian is not on the premises but is acquainted with the keeping and care of
an animal by virtue of an examination of the animal or medically appropriate and timely
visits to the premises where the animal is kept;
new text end

new text begin (2) the veterinarian has given written or oral instructions to a licensed veterinary
technician for ongoing care of an animal and is available by telephone or other form of
immediate communication; and
new text end

new text begin (3) the employee treating the animal timely enters into the animal's medical record
documentation of the treatment provided and the documentation is reviewed by the
veterinarian.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 4.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Veterinary technology. new text end

new text begin "Veterinary technology" means the science and
practice of providing professional support to veterinarians, including the direct supervision
of unlicensed veterinary employees. Veterinary technology does not include veterinary
diagnosis, prognosis, surgery, or medication prescription.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 5.

Minnesota Statutes 2022, section 156.07, is amended to read:

156.07 LICENSE RENEWAL.

Persons licensed under this chapter shall conspicuously display their license in their
principal place of business.

Persons now deleted text begin qualified to practice veterinary medicine deleted text end new text begin licensed new text end in this state, or who shall
hereafter be licensed by the Board of Veterinary Medicine deleted text begin to engage in the practice deleted text end new text begin as
veterinarians or veterinary technicians new text end , shall periodically renew their license in a manner
prescribed by the board. The board shall establish license renewal fees and continuing
education requirements. The board may establish, by rule, an inactive license category, at
a lower fee, for licensees not actively engaged in the practice of veterinary medicine new text begin or
veterinary technology new text end within the state of Minnesota. The board may assess a charge for
delinquent payment of a renewal fee.

Any person who is licensed to practice veterinary medicine new text begin or veterinary technology new text end in
this state pursuant to this chapter, shall be entitled to receive a license to continue to practice
upon making application to the board and complying with the terms of this section and rules
of the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 6.

new text begin [156.0721] INSTITUTIONAL LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Application and eligibility. new text end

new text begin (a) Any person who seeks to practice
veterinary medicine while employed by the University of Minnesota and who is not eligible
for a regular license shall make a written application to the board for an institutional license
using forms provided for that purpose or in a format accepted by the board. The board shall
issue an institutional license to practice veterinary medicine to an applicant who:
new text end

new text begin (1) has obtained the degree of doctor of veterinary medicine or its equivalent from a
nonaccredited college of veterinary medicine. A graduate from an accredited college and
an applicant who has earned ECFVG or PAVE certificates should apply for a regular license
to practice veterinary medicine;
new text end

new text begin (2) has passed the Minnesota Veterinary Jurisprudence Examination;
new text end

new text begin (3) is a person of good moral character, as attested by five notarized reference letters
from adults not related to the applicant, at least two of whom are licensed veterinarians in
the jurisdiction where the applicant is currently practicing or familiar with the applicant's
clinical abilities as evidenced in clinical rotations;
new text end

new text begin (4) has paid the license application fee;
new text end

new text begin (5) provides proof of employment by the University of Minnesota;
new text end

new text begin (6) certifies that the applicant understands and agrees that the institutional license is
valid only for the practice of veterinary medicine associated with the applicant's employment
as a faculty member, intern, resident, or locum of the University of Minnesota College of
Veterinary Medicine or other unit of the University of Minnesota;
new text end

new text begin (7) provides proof of graduation from a veterinary college;
new text end

new text begin (8) completed a criminal background check as defined in section 214.075; and
new text end

new text begin (9) provides other information and proof as the board may require by rules and
regulations.
new text end

new text begin (b) The University of Minnesota may submit the applications of its employees who seek
an institutional license in a compiled format acceptable to the board, with any license
application fees in a single form of payment.
new text end

new text begin (c) The fee for a license issued under this subdivision is the same as for a regular license
to practice veterinary medicine in the state. License payment and renewal deadlines, late
payment fees, and other license requirements are also the same as for a regular license to
practice veterinary medicine.
new text end

new text begin (d) The University of Minnesota may be responsible for timely payment of renewal fees
and submission of renewal forms.
new text end

new text begin Subd. 2. new text end

new text begin Scope of practice. new text end

new text begin (a) An institutional license holder may practice veterinary
medicine only as related to the license holder's regular function at the University of
Minnesota. A person holding only an institutional license in this state must be remunerated
for the practice of veterinary medicine in the state solely from state, federal, or institutional
funds and not from the patient-owner beneficiary of the license holder's practice efforts.
new text end

new text begin (b) A license issued under this section must be canceled by the board upon receipt of
information from the University of Minnesota that the holder of the license has left or is
otherwise no longer employed at the University of Minnesota in this state.
new text end

new text begin (c) An institutional license holder must abide by all laws governing the practice of
veterinary medicine in the state and is subject to the same disciplinary action as any other
veterinarian licensed in the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 7.

new text begin [156.076] DIRECT SUPERVISION; UNLICENSED VETERINARY
EMPLOYEES.
new text end

new text begin (a) An unlicensed veterinary employee may only administer medication or render
auxiliary or supporting assistance under the direct supervision of a licensed veterinarian or
licensed veterinary technician.
new text end

new text begin (b) This section does not prohibit:
new text end

new text begin (1) the performance of generalized nursing tasks ordered by the veterinarian and
performed by an unlicensed employee on inpatient animals during the hours when a
veterinarian is not on the premises; or
new text end

new text begin (2) under emergency conditions, an unlicensed employee from rendering lifesaving aid
and treatment to an animal in the absence of a veterinarian if the animal is in a life-threatening
condition and requires immediate treatment to sustain life or prevent further injury.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 8.

new text begin [156.077] LICENSED VETERINARY TECHNICIANS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure; practice. new text end

new text begin (a) The board shall issue a license to practice as a
veterinary technician to an applicant who satisfies the requirements in this section and those
imposed by the board in rule. A licensed veterinary technician may practice veterinary
technology. A person may not use the title "veterinary technician" or the abbreviation "LVT"
unless licensed by the board.
new text end

new text begin (b) The board may adopt by rule additional or temporary alternative licensure
requirements or definitions for veterinary technician titles.
new text end

new text begin Subd. 2. new text end

new text begin Applicants; qualifications. new text end

new text begin Application for a license to practice veterinary
technology in this state shall be made to the board on a form furnished by the board and
accompanied by evidence satisfactory to the board that the applicant is at least 18 years of
age, is of good moral character, and has:
new text end

new text begin (1) graduated from a veterinary technology program accredited or approved by the
American Veterinary Medical Association or Canadian Veterinary Medical Association;
new text end

new text begin (2) received a passing score for the Veterinary Technician National Examination;
new text end

new text begin (3) received a passing score for the Minnesota Veterinary Technician Jurisprudence
Examination; and
new text end

new text begin (4) completed a criminal background check.
new text end

new text begin Subd. 3. new text end

new text begin Required with application. new text end

new text begin A completed application must contain the following
information and material:
new text end

new text begin (1) the application fee set by the board, which is not refundable if permission to take the
jurisprudence examination is denied for good cause;
new text end

new text begin (2) proof of graduation from a veterinary technology program accredited or approved
by the American Veterinary Medical Association or Canadian Veterinary Medical
Association;
new text end

new text begin (3) affidavits from at least two licensed veterinarians and three adults who are not related
to the applicant that establish how long, when, and under what circumstances the references
have known the applicant and any other facts that may enable the board to determine the
applicant's qualifications; and
new text end

new text begin (4) if the applicant has served in the armed forces, a copy of the applicant's discharge
papers.
new text end

new text begin Subd. 4. new text end

new text begin Temporary alternative qualifications. new text end

new text begin (a) The board shall consider an
application for licensure submitted by a person before July 1, 2031, if the person provides
evidence satisfactory to the board that the person:
new text end

new text begin (1) is a certified veterinary technician in good standing with the Minnesota Veterinary
Medical Association; or
new text end

new text begin (2) has at least 4,160 hours actively engaged in the practice of veterinary technology
within the previous five years.
new text end

new text begin (b) Each applicant under this subdivision must also submit to the board affidavits from
at least two licensed veterinarians and three adults who are not related to the applicant that
establish how long, when, and under what circumstances the references have known the
applicant and any other facts that may enable the board to determine the applicant's
qualifications.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 9.

new text begin [156.078] NONRESIDENTS; LICENSED VETERINARY TECHNICIANS.
new text end

new text begin A credentialed veterinary technician duly admitted to practice in any state,
commonwealth, territory, or district of the United States or province of Canada who desires
permission to practice veterinary technology in this state shall submit an application to the
board on a form furnished by the board. The board shall review an application for transfer
if the applicant submits:
new text end

new text begin (1) a copy of a diploma from an accredited or approved college of veterinary technology
or certification from the dean, registrar, or secretary of an accredited or approved college
of veterinary technology or a certificate of satisfactory completion of the PAVE program;
new text end

new text begin (2) if requesting waiver of examination, evidence of meeting licensure requirements in
the state of the applicant's original licensure;
new text end

new text begin (3) affidavits of two licensed practicing doctors of veterinary medicine or veterinary
technicians residing in the United States or Canadian licensing jurisdiction in which the
applicant is or was most recently practicing, attesting that they are well acquainted with the
applicant, that the applicant is a person of good moral character, and that the applicant has
been actively engaged in practicing or teaching in such jurisdiction;
new text end

new text begin (4) a certificate from the agency that regulates the conduct of practice of veterinary
technology in the jurisdiction in which the applicant is or was most recently practicing,
stating that the applicant is in good standing and is not the subject of disciplinary action or
pending disciplinary action;
new text end

new text begin (5) a certificate from all other jurisdictions in which the applicant holds a currently active
license or held a license within the past ten years, stating that the applicant is and was in
good standing and has not been subject to disciplinary action;
new text end

new text begin (6) in lieu of the certificates in clauses (4) and (5), certification from the Veterinary
Information Verification Agency that the applicant's licensure is in good standing;
new text end

new text begin (7) a fee as set by the board in form of check or money order payable to the board, no
part of which shall be refunded should the application be denied;
new text end

new text begin (8) score reports on previously taken national examinations in veterinary technology,
certified by the Veterinary Information Verification Agency or evidence of employment as
a veterinary technician for at least three years;
new text end

new text begin (9) proof that the applicant received a passing score for the Minnesota Veterinary
Technician Jurisprudence Examination; and
new text end

new text begin (10) proof of a completed criminal background check.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 10.

Minnesota Statutes 2022, section 156.12, subdivision 2, is amended to read:

Subd. 2.

Authorized activities.

No provision of this chapter shall be construed to prohibit:

(a) a person from rendering necessary gratuitous assistance in the treatment of any animal
when the assistance does not amount to prescribing, testing for, or diagnosing, operating,
or vaccinating and when the attendance of a licensed veterinarian cannot be procured;

(b) a person who is a regular student in an accredited or approved college of veterinary
medicine from performing duties or actions assigned by instructors or preceptors or working
under the direct supervision of a licensed veterinarian;

(c) a veterinarian regularly licensed in another jurisdiction from consulting with a licensed
veterinarian in this state;

(d) the owner of an animal and the owner's regular employee from caring for and
administering to the animal belonging to the owner, except where the ownership of the
animal was transferred for purposes of circumventing this chapter;

(e) veterinarians who are in compliance with deleted text begin subdivision 6 deleted text end new text begin section 156.0721 new text end and who
are employed by the University of Minnesota from performing their duties with the College
of Veterinary Medicine, deleted text begin College of Agriculture, deleted text end new text begin Veterinary Diagnostic Laboratory, new text end
Agricultural Experiment Station, Agricultural Extension Service, Medical School, School
of Public Health, new text begin School of Nursing, new text end or other unit within the university; or a person from
lecturing or giving instructions or demonstrations at the university or in connection with a
continuing education course or seminar to veterinarians deleted text begin or pathologists at the University of
Minnesota Veterinary Diagnostic Laboratory deleted text end ;

(f) any person from selling or applying any pesticide, insecticide or herbicide;

(g) any person from engaging in bona fide scientific research or investigations which
reasonably requires experimentation involving animals;

(h) any employee of a licensed veterinarian from performing duties other than diagnosis,
prescription or surgical correction under the direction and supervision of the veterinarian,
who shall be responsible for the performance of the employee;

(i) a graduate of a foreign college of veterinary medicine from working under the direct
personal instruction, control, or supervision of a veterinarian faculty member of the College
of Veterinary Medicine, University of Minnesota in order to complete the requirements
necessary to obtain an ECFVG or PAVE certificate;

(j) a licensed chiropractor registered under section 148.01, subdivision 1a, from practicing
animal chiropractic; or

(k) a person certified by the Emergency Medical Services Regulatory Board under
chapter 144E from providing emergency medical care to a police dog wounded in the line
of duty.

Sec. 11.

Minnesota Statutes 2022, section 156.12, subdivision 4, is amended to read:

Subd. 4.

Titles.

It is unlawful for a person who has not received a professional degree
from an accredited or approved college of veterinary medicine, deleted text begin or deleted text end ECFVG or PAVE
certification, new text begin or an institutional license under section 156.0721 new text end to use any of the following
titles or designations: Veterinary, veterinarian, animal doctor, animal surgeon, animal dentist,
animal chiropractor, animal acupuncturist, or any other title, designation, word, letter,
abbreviation, sign, card, or device tending to indicate that the person is qualified to practice
veterinary medicine.

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 156.12, subdivision 6, new text end new text begin is repealed.
new text end

ARTICLE 4

BOARD OF DENTISTRY

Section 1.

Minnesota Statutes 2022, section 150A.06, subdivision 1c, is amended to read:

Subd. 1c.

Specialty dentists.

(a) The board may grant one or more specialty licenses in
the specialty areas of dentistry that are recognized by the Commission on Dental
Accreditation.

(b) An applicant for a specialty license shall:

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

(2) have been certified by a specialty 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 for each specialty area;

(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 Board Dental 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) a nonrefundable fee; and

(3) a copy of the applicant's government-issued photo identification card.

(d) A specialty dentist holding one or more specialty licenses is limited to practicing in
the dentist's designated specialty area or areas. The scope of practice must be defined by
each national specialty board recognized by the Commission on Dental Accreditation.

deleted text begin (e) A specialty dentist holding a general dental license is limited to practicing in the
dentist's designated specialty area or areas if the dentist has announced a limitation of
practice. The scope of practice must be defined by each national specialty board recognized
by the Commission on Dental Accreditation.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area or areas may apply for one
or more specialty licenses.

Sec. 2.

Minnesota Statutes 2022, section 150A.06, subdivision 8, is amended to read:

Subd. 8.

Licensure by credentials; dental assistant.

(a) Any dental assistant may, upon
application and payment of a fee established by the board, apply for licensure based on an
evaluation of the applicant's education, experience, and performance record in lieu of
completing a board-approved dental assisting program for expanded functions as defined
in rule, and may be interviewed by the board to determine if the applicant:

(1) has graduated from an accredited dental assisting program accredited by the
Commission on Dental Accreditation deleted text begin and deleted text end new text begin or new text end is currently certified by the Dental Assisting
National Board;

(2) is not subject to any pending or final disciplinary action in another state or Canadian
province, or if not currently certified or registered, previously had a certification or
registration 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;

(3) is of good moral character and abides by professional ethical conduct requirements;

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

(5) has met all expanded functions curriculum equivalency requirements of a Minnesota
board-approved dental assisting program.

(b) The board, at its discretion, may waive specific licensure requirements in paragraph
(a).

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

(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure is
denied, 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 2a.

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

ARTICLE 5

PHYSICIAN ASSISTANT PRACTICE

Section 1. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 147A.09, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 6

BOARD OF SOCIAL WORK

Section 1.

Minnesota Statutes 2022, section 148D.061, subdivision 1, is amended to read:

Subdivision 1.

Requirements for a provisional license.

An applicant may be issued a
provisional license if the applicant:

deleted text begin (1) was born in a foreign country;
deleted text end

deleted text begin (2) communicates in English as a second language;
deleted text end

deleted text begin (3) has taken the applicable examination administered by the Association of Social Work
Boards or similar examination body designated by the board;
deleted text end

deleted text begin (4) deleted text end new text begin (1) new text end has met the requirements of section 148E.055, subdivision 2, deleted text begin paragraph (a), deleted text end
clauses (1), (3), (4), (5), and (6); deleted text begin or deleted text end subdivision 3, deleted text begin paragraph (a), deleted text end clauses (1), (3), (4), (5),
and (6); deleted text begin or deleted text end subdivision 4, deleted text begin paragraph (a), deleted text end clauses (1), (2), (4), (5), (6), and (7); or subdivision
5, paragraph (a), clauses (1), (2), (3), (5), (6), (7), and (8); and

deleted text begin (5) deleted text end new text begin (2) new text end complies with the requirements of subdivisions 2 to 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 148D.061, subdivision 8, is amended to read:

Subd. 8.

Disciplinary or other action.

new text begin A licensee who is issued a provisional license
is subject to the grounds for disciplinary action under section 148E.190. new text end The board may
new text begin also new text end take action according to sections 148E.260 to 148E.270 if:

(1) the licensee's supervisor does not submit an evaluation as required by section
148D.063;

(2) an evaluation submitted according to section 148D.063 indicates that the licensee
cannot practice social work competently and ethically; or

(3) the licensee does not comply with the requirements of subdivisions 1 to 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 148D.062, subdivision 3, is amended to read:

Subd. 3.

Types of supervision.

(a) deleted text begin Twenty-five hours deleted text end new text begin Half new text end of new text begin the new text end supervision new text begin hours
new text end required by subdivision 1 must consist of one-on-one deleted text begin in-person deleted text end supervision. new text begin The supervision
must be provided either in person or via eye-to-eye electronic media while maintaining
visual contact.
new text end

(b) deleted text begin Twelve and one-half hours deleted text end new text begin Half new text end of new text begin the new text end supervision new text begin hours new text end must consist of one or more
of the following types of supervision:

(1) deleted text begin in-person deleted text end one-on-one supervision new text begin provided in person or via eye-to-eye electronic
media while maintaining visual contact new text end ; or

(2) deleted text begin in-person deleted text end group supervision new text begin provided in person, by telephone, or via eye-to-eye
electronic media while maintaining visual contact new text end .

(c) deleted text begin To qualify as in-person deleted text end Group supervision deleted text begin , the group deleted text end must not exceed deleted text begin seven members
including the supervisor deleted text end new text begin six supervisees new text end .

new text begin (d) Supervision must not be provided by email.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 148D.062, subdivision 4, is amended to read:

Subd. 4.

Supervisor requirements.

(a) The supervision required by subdivision 1 must
be provided by a supervisor who meets the requirements in section 148E.120 and has deleted text begin either:
deleted text end

deleted text begin (1) 5,000 hours experience engaged in authorized social work practice; or
deleted text end

deleted text begin (2) deleted text end completed 30 hours of training in supervision, which may be satisfied by completing
academic coursework in supervision or continuing education courses in supervision as
defined in section 148E.010, subdivision 18.

(b) Supervision must be provided:

(1) if the supervisee is not engaged in clinical practice and the supervisee has a provisional
license to practice as a licensed social worker, by new text begin :
new text end

new text begin (i) new text end a licensed social worker who has completed the supervised practice requirements;

new text begin (ii) a licensed graduate social worker who has completed the supervised practice
requirements;
new text end

new text begin (iii) a licensed independent social worker; or
new text end

new text begin (iv) a licensed independent clinical social worker;
new text end

(2) if the supervisee is not engaged in clinical practice and the supervisee has a provisional
license to practice as a licensed graduate social worker, licensed independent social worker,
or licensed independent clinical social worker, by:

(i) a licensed graduate social worker who has completed the supervised practice
requirements;

(ii) a licensed independent social worker; or

(iii) a licensed independent clinical social worker;

(3) if the supervisee is engaged in clinical practice and the supervisee has a provisional
license to practice as a licensed graduate social worker, licensed independent social worker,
or licensed independent clinical social worker, by a licensed independent clinical social
worker; or

(4) by a supervisor who meets the requirements in section 148E.120, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 148D.063, subdivision 1, is amended to read:

Subdivision 1.

Supervision plan.

(a) An applicant granted a provisional license must
submit, on a form provided by the board, a supervision plan for meeting the supervision
requirements in section 148D.062.

(b) The supervision plan must be submitted no later than 30 days after the licensee begins
a social work practice position.

deleted text begin (c) The board may revoke a licensee's provisional license for failure to submit the
supervision plan within 30 days after beginning a social work practice position.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The supervision plan must include the following:

(1) the name of the supervisee, the name of the agency in which the supervisee is being
supervised, and the supervisee's position title;

(2) the name and qualifications of the person providing the supervision;

(3) the number of hours of one-on-one deleted text begin in-person deleted text end supervision and the number and type
of additional hours of supervision to be completed by the supervisee;

(4) the supervisee's position description;

(5) a brief description of the supervision the supervisee will receive in the following
content areas:

(i) clinical practice, if applicable;

(ii) development of professional social work knowledge, skills, and values;

(iii) practice methods;

(iv) authorized scope of practice;

(v) ensuring continuing competence; and

(vi) ethical standards of practice; and

(6) if applicable, a detailed description of the supervisee's clinical social work practice,
addressing:

(i) the client population, the range of presenting issues, and the diagnoses;

(ii) the clinical modalities that were utilized; and

(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.

deleted text begin (e) deleted text end new text begin (d) new text end The board must receive a revised supervision plan within 30 days of any of the
following changes:

(1) the supervisee has a new supervisor;

(2) the supervisee begins a new social work position;

(3) the scope or content of the supervisee's social work practice changes substantially;

(4) the number of practice or supervision hours changes substantially; or

(5) the type of supervision changes as supervision is described in section 148D.062.

deleted text begin (f) The board may revoke a licensee's provisional license for failure to submit a revised
supervision plan as required in paragraph (e).
deleted text end

deleted text begin (g) deleted text end new text begin (e) new text end The board must approve the supervisor and the supervision plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 148D.063, subdivision 2, is amended to read:

Subd. 2.

Evaluation.

(a) When a licensee's supervisor submits an evaluation to the board
according to section 148D.061, subdivision 6, the supervisee and supervisor must provide
the following information on a form provided by the board:

(1) the name of the supervisee, the name of the agency in which the supervisee is being
supervised, and the supervisee's position title;

(2) the name and qualifications of the supervisor;

(3) the number of hours and dates of each type of supervision completed;

(4) the supervisee's position description;

(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice in sections 148E.195 to 148E.240;

(6) a declaration that the supervisee has practiced competently and ethically according
to professional social work knowledge, skills, and values; and

(7) on a form provided by the board, an evaluation of the licensee's practice in the
following areas:

(i) development of professional social work knowledge, skills, and values;

(ii) practice methods;

(iii) authorized scope of practice;

deleted text begin (iv) ensuring continuing competence;
deleted text end

deleted text begin (v) deleted text end new text begin (iv) new text end ethical standards of practice; and

deleted text begin (vi) deleted text end new text begin (v) new text end clinical practice, if applicable.

(b) The supervisor must attest to the satisfaction of the board that the supervisee has met
or has made progress on meeting the applicable supervised practice requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Qualifications for licensure by completion of provisional license
requirements as a licensed social worker (LSW). new text end

new text begin To be licensed as a licensed social
worker, an applicant for licensure by completion of provisional license requirements must
provide evidence satisfactory to the board that the applicant:
new text end

new text begin (1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
new text end

new text begin (2) continues to meet the requirements of subdivision 2, clauses (1) and (3) to (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Qualifications for licensure by completion of provisional license
requirements as a licensed graduate social worker (LGSW). new text end

new text begin To be licensed as a licensed
graduate social worker, an applicant for licensure by completion of provisional license
requirements must provide evidence satisfactory to the board that the applicant:
new text end

new text begin (1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
new text end

new text begin (2) continues to meet the requirements of subdivision 3, clauses (1) and (3) to (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Qualifications for licensure by completion of provisional license
requirements as a licensed independent social worker (LISW). new text end

new text begin To be licensed as a
licensed independent social worker, an applicant for licensure by completion of provisional
license requirements must provide evidence satisfactory to the board that the applicant:
new text end

new text begin (1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
new text end

new text begin (2) continues to meet the requirements of subdivision 4, clauses (1), (2), and (4) to (7).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 10.

Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Qualifications for licensure by completion of provisional license
requirements as a licensed independent clinical social worker (LICSW). new text end

new text begin To be licensed
as a licensed independent clinical social worker, an applicant for licensure by completion
of provisional license requirements must provide evidence satisfactory to the board that the
applicant:
new text end

new text begin (1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
new text end

new text begin (2) continues to meet the requirements of subdivision 5, paragraph (a), clauses (1) to (3)
and (5) to (8).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 11. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor of statutes shall also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
new text end

new text begin Column A new text end	new text begin Column B new text end
new text begin 148D.061 new text end	new text begin 148E.0551 new text end
new text begin 148D.062 new text end	new text begin 148E.116 new text end
new text begin 148D.063 new text end	new text begin 148E.126 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 148D.061, subdivision 9, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

ARTICLE 7

BOARD OF MARRIAGE AND FAMILY THERAPY

Section 1.

new text begin [148B.331] GUEST LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) A nonresident of the state of Minnesota who is not seeking
licensure in Minnesota and intends to practice in Minnesota must apply to the board for
guest licensure. An applicant must apply for guest licensure at least 30 days prior to the
expected date of practice in Minnesota and is subject to approval by the board or its designee.
new text end

new text begin (b) To be eligible for licensure under this section, the applicant must:
new text end

new text begin (1) have a license, certification, or registration in good standing to practice marriage and
family therapy from another jurisdiction;
new text end

new text begin (2) have a graduate degree in marriage and family therapy from a regionally accredited
institution or a degree in a related field from a regionally accredited institution with completed
coursework meeting the educational requirements provided in Minnesota Rules, part
5300.0140, subpart 2;
new text end

new text begin (3) be of good moral character;
new text end

new text begin (4) have no pending complaints or active disciplinary or corrective actions in any
jurisdiction;
new text end

new text begin (5) submit the required fee and complete the criminal background check according to
section 214.075; and
new text end

new text begin (6) pay a fee to the board in the amount set forth in section 148B.392.
new text end

new text begin (c) A license issued under this section is valid for one year from the date of issuance
and allows practice by the nonresident for a maximum of five months. The months in which
the nonresident may practice under the license must be consecutive. A guest license is not
renewable, but the nonresident may reapply for guest licensure, subject to continued eligibility
under paragraph (b), following expiration of a guest license.
new text end

new text begin Subd. 2. new text end

new text begin Other professional activity. new text end

new text begin Notwithstanding subdivision 1, a nonresident of
the state of Minnesota who is not seeking licensure in Minnesota may serve as an expert
witness, organizational consultant, presenter, or educator without obtaining guest licensure,
provided the nonresident is appropriately trained or educated, or has been issued a license,
certificate, or registration by another jurisdiction.
new text end

new text begin Subd. 3. new text end

new text begin Prohibitions and sanctions. new text end

new text begin A person's privilege to practice under this section
is subject to the prohibitions and sanctions for unprofessional or unethical conduct contained
in Minnesota laws and rules for marriage and family therapy under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2, is amended
to read:

Subd. 2.

Licensure and application fees.

Licensure and application fees established
by the board shall not exceed the following amounts:

(1) application fee for national examination is $150;

(2) application fee for Licensed Marriage and Family Therapist (LMFT) deleted text begin state examination deleted text end new text begin
license new text end is $150;

(3) initial LMFT license fee is prorated, but cannot exceed $225;

(4) annual renewal fee for LMFT license is $225;

(5) late fee for LMFT license renewal is $100;

(6) application fee for LMFT licensure by reciprocity is $300;

(7) new text begin application new text end fee for deleted text begin initial deleted text end Licensed Associate Marriage and Family Therapist (LAMFT)
license is $100;

(8) annual renewal fee for LAMFT license is $100;

(9) late fee for LAMFT new text begin license new text end renewal is $50;

(10) fee for reinstatement of new text begin LMFT or LAMFT new text end license is $150;

(11) fee for new text begin LMFT new text end emeritus new text begin license new text end status is $225; deleted text begin and
deleted text end

(12) fee for temporary license for members of the military is $100 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (13) fee for LMFT guest license is $150.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

ARTICLE 8

BOARD OF PHARMACY

Section 1.

Minnesota Statutes 2022, section 151.065, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Application and fee; relocation. new text end

new text begin A person who is registered with or licensed
by the board must submit a new application to the board before relocating the physical
location of the person's business. An application must be submitted for each affected license.
The application must set forth the proposed change of location on a form established by the
board. If the licensee or registrant remitted payment for the full amount during the state's
fiscal year, the relocation application fee is the same as the application fee in subdivision
1, except that the fees in clauses (6) to (9) and (11) to (16) are reduced by $5,000 and the
fee in clause (16) is reduced by $55,000. If the application is made within 60 days before
the date of the original license or registration expiration, the applicant must pay the full
application fee provided in subdivision 1. Upon approval of an application for a relocation,
the board shall issue a new license or registration.
new text end

Sec. 2.

Minnesota Statutes 2022, section 151.065, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Application and fee; change of ownership. new text end

new text begin A person who is registered with
or licensed by the board must submit a new application to the board before changing the
ownership of the licensee or registrant. An application must be submitted for each affected
license. The application must set forth the proposed change of ownership on a form
established by the board. If the licensee or registrant remitted payment for the full amount
during the state's fiscal year, the application fee is the same as the application fee in
subdivision 1, except that the fees in clauses (6) to (9) and (11) to (16) are reduced by $5,000
and the fee in clause (16) is reduced by $55,000. If the application is made within 60 days
before the date of the original license or registration expiration, the applicant must pay the
full application fee provided in subdivision 1. Upon approval of an application for a change
of ownership, the board shall issue a new license or registration.
new text end

Sec. 3.

Minnesota Statutes 2022, section 151.065, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Transfer of licenses. new text end

new text begin Licenses and registrations granted by the board are not
transferable.
new text end

Sec. 4.

Minnesota Statutes 2022, section 151.066, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given to them in this subdivision.

(b) "Manufacturer" means a manufacturer licensed under section 151.252 deleted text begin that is engaged
in the manufacturing of an opiate deleted text end new text begin , excluding those exclusively licensed to manufacture
medical gas new text end .

(c) "Opiate" means any opiate-containing controlled substance listed in section 152.02,
subdivisions 3 to 5, that is distributed, delivered, sold, or dispensed into or within this state.

(d) new text begin "Third-party logistics provider" means a third-party logistics provider licensed under
section 151.471.
new text end

new text begin (e) new text end "Wholesaler" means a wholesale drug distributor licensed under section 151.47 deleted text begin that
is engaged in the wholesale drug distribution of an opiate deleted text end new text begin , excluding those exclusively
licensed to distribute medical gas new text end .

Sec. 5.

Minnesota Statutes 2022, section 151.066, subdivision 2, is amended to read:

Subd. 2.

Reporting requirements.

(a) By March 1 of each year, beginning March 1,
2020, each manufacturer and each wholesaler must report to the board every sale, delivery,
or other distribution within or into this state of any opiate that is made to any practitioner,
pharmacy, hospital, veterinary hospital, or other person who is permitted by section 151.37
to possess controlled substances for administration or dispensing to patients that occurred
during the previous calendar year. Reporting must be in the automation of reports and
consolidated orders system format unless otherwise specified by the board. new text begin If no reportable
distributions occurred for a given year, notification must be provided to the board in a
manner specified by the board. new text end If a manufacturer or wholesaler fails to provide information
required under this paragraph on a timely basis, the board may assess an administrative
penalty of $500 per day. This penalty shall not be considered a form of disciplinary action.

(b) By March 1 of each year, beginning March 1, 2020, each owner of a pharmacy with
at least one location within this state must report to the board any intracompany delivery
or distribution into this state, of any opiate, to the extent that those deliveries and distributions
are not reported to the board by a licensed wholesaler owned by, under contract to, or
otherwise operating on behalf of the owner of the pharmacy. Reporting must be in the
manner and format specified by the board for deliveries and distributions that occurred
during the previous calendar year. The report must include the name of the manufacturer
or wholesaler from which the owner of the pharmacy ultimately purchased the opiate, and
the amount and date that the purchase occurred.

new text begin (c) By March 1 of each year, beginning March 1, 2025, each third-party logistics provider
must report to the board any delivery or distribution into this state of any opiate, to the
extent that those deliveries and distributions are not reported to the board by a licensed
wholesaler or manufacturer. Reporting must be in the manner and format specified by the
board for deliveries and distributions that occurred during the previous calendar year.
new text end

Sec. 6.

Minnesota Statutes 2022, section 151.066, subdivision 3, is amended to read:

Subd. 3.

Determination of an opiate product registration fee.

(a) The board shall
annually assess an opiate product registration fee on any manufacturer of an opiate that
annually sells, delivers, or distributes an opiate within or into the state new text begin in a quantity of
new text end 2,000,000 or more units as reported to the board under subdivision 2.

(b) For purposes of assessing the annual registration fee under this section and
determining the number of opiate units a manufacturer sold, delivered, or distributed within
or into the state, the board shall not consider any opiate that is used for substance use disorder
treatment with medications for opioid use disorder.

(c) The annual registration fee for each manufacturer meeting the requirement under
paragraph (a) is $250,000.

(d) In conjunction with the data reported under this section, and notwithstanding section
152.126, subdivision 6, the board may use the data reported under section 152.126,
subdivision 4, to determine which manufacturers meet the requirement under paragraph (a)
and are required to pay the registration fees under this subdivision.

(e) By April 1 of each year, beginning April 1, 2020, the board shall notify deleted text begin a manufacturer deleted text end
new text begin all manufacturers required to report under subdivision 2 whether new text end deleted text begin that deleted text end the manufacturer
meets the requirement in paragraph (a) and new text begin whether the manufacturer new text end is required to pay the
annual registration fee in accordance with section 151.252, subdivision 1, paragraph (b).

(f) A manufacturer may dispute the board's determination that the manufacturer must
pay the registration fee no later than 30 days after the date of notification. However, the
manufacturer must still remit the fee as required by section 151.252, subdivision 1, paragraph
(b). The dispute must be filed with the board in the manner and using the forms specified
by the board. A manufacturer must submit, with the required forms, data satisfactory to the
board that demonstrates that the assessment of the registration fee was incorrect. The board
must make a decision concerning a dispute no later than 60 days after receiving the required
dispute forms. If the board determines that the manufacturer has satisfactorily demonstrated
that the fee was incorrectly assessed, the board must refund the amount paid in error.

(g) For purposes of this subdivision, a unit means the individual dosage form of the
particular drug product that is prescribed to the patient. One unit equals one tablet, capsule,
patch, syringe, milliliter, or gram.

new text begin (h) For the purposes of this subdivision, an opiate's units will be assigned to the
manufacturer holding the New Drug Application (NDA) or Abbreviated New Drug
Application (ANDA), as listed by the United States Food and Drug Administration.
new text end

ARTICLE 9

APPROPRIATIONS

Section 1. new text begin DEPARTMENT OF HEALTH; TRANSFER CARE SPECIALISTS.
new text end

new text begin $198,000 in fiscal year 2025 is appropriated from the state government special revenue
fund to the commissioner of health to implement Minnesota Statutes, section 149A.47. The
state government special revenue fund base for this appropriation is $105,000 in fiscal year
2026 and $105,000 in fiscal year 2027.
new text end

Sec. 2. new text begin BOARD OF PSYCHOLOGY; LICENSED BEHAVIOR ANALYSTS.
new text end

new text begin $95,000 in fiscal year 2025 is appropriated from the state government special revenue
fund to the Board of Psychology to implement Minnesota Statutes, sections 148.9981 to
148.9995. The state government special revenue fund base for this appropriation is $48,000
in fiscal year 2026 and $48,000 in fiscal year 2027.
new text end

Sec. 3. new text begin BOARD OF VETERINARY MEDICINE; VETERINARY TECHNICIAN
REGULATION.
new text end

new text begin $23,000 in fiscal year 2025 is appropriated from the state government special revenue
fund to the Board of Veterinary Medicine to implement Minnesota Statutes, section 156.077.
The state government special revenue fund base for this appropriation is $52,000 in fiscal
year 2026 and $52,000 in fiscal year 2027.
new text end

Sec. 4. new text begin BOARD OF DENTISTRY; DENTAL ASSISTANT LICENSURE BY
CREDENTIALS.
new text end

new text begin $2,000 in fiscal year 2025 is appropriated from the state government special revenue
fund to the Board of Dentistry to implement Minnesota Statutes, section 150A.06, subdivision
8. The state government special revenue fund base for this appropriation is $3,000 in fiscal
year 2026 and $5,000 in fiscal year 2027.
new text end

Sec. 5. new text begin BOARD OF SOCIAL WORK; PROVISIONAL LICENSURE.
new text end

new text begin $133,000 in fiscal year 2025 is appropriated from the state government special revenue
fund to the Board of Social Work to implement modifications to provisional licensure under
Minnesota Statutes, chapters 148D and 148E. The state government special revenue fund
base for this appropriation is $80,000 in fiscal year 2026 and $80,000 in fiscal year 2027.
new text end

Sec. 6. new text begin BOARD OF MARRIAGE AND FAMILY THERAPY; GUEST LICENSURE.
new text end

new text begin $22,000 in fiscal year 2025 is appropriated from the state government special revenue
fund to the Board of Marriage and Family Therapy to implement Minnesota Statutes, section
148B.331. The state government special revenue fund base for this appropriation is $47,000
in fiscal year 2026 and $47,000 in fiscal year 2027.
new text end

APPENDIX

Repealed Minnesota Statutes: H4247-2

147A.09 SCOPE OF PRACTICE.

Subd. 5.

Scope of practice limitations; psychiatric care for children with emotional disturbance or adults with serious mental illness.

Notwithstanding subdivision 1, a physician assistant may only provide ongoing psychiatric treatment for children with emotional disturbance, as defined in section 245.4871, subdivision 15, or adults with serious mental illness in collaboration with a physician licensed under chapter 147. For purposes of providing ongoing psychiatric treatment for children with emotional disturbance or adults with serious mental illness, the practice agreement between the physician assistant and one or more physicians licensed under chapter 147 must define the collaboration between the physician assistant and the collaborating physician, including appropriate consultation or referral to psychiatry.

148D.061 PROVISIONAL LICENSES.

Subd. 9.

Revocation of provisional license.

The board may immediately revoke the provisional license of a licensee who violates any requirements of this section. The revocation must be made for cause. A licensee whose provisional license is revoked must immediately return the provisional license to the board.

156.12 PRACTICE OF VETERINARY MEDICINE.

Subd. 6.

Faculty licensure.

(a) Veterinary Medical Center clinicians at the College of Veterinary Medicine, University of Minnesota, who are engaged in the practice of veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of the Veterinary Medical Center must possess the same license required by other veterinary practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).

(b) A specialty practitioner in a hard-to-fill faculty position who has been employed at the College of Veterinary Medicine, University of Minnesota, for five years or more prior to 2003 or is specialty board certified by the American Veterinary Medical Association or the European Board of Veterinary Specialization may be granted a specialty faculty Veterinary Medical Center clinician license which will allow the licensee to practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's training and only within the scope of employment at the Veterinary Medical Center.

(c) A specialty practitioner in a hard-to-fill faculty position at the College of Veterinary Medicine, University of Minnesota, who has graduated from a board-approved foreign veterinary school may be granted a temporary faculty Veterinary Medical Center clinician license. The temporary faculty Veterinary Medical Center clinician license expires in two years and allows the licensee to practice veterinary medicine as defined in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center. The temporary faculty Veterinary Medical Center clinician license allows the licensee to practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's training and only within the scope of employment at the Veterinary Medical Center while under the direct supervision of a veterinarian currently licensed and actively practicing veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising veterinarian must not have any current or past conditions, restrictions, or probationary status imposed on the veterinarian's license by the board within the past five years. The holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled in a PhD program may apply for up to two additional consecutive two-year extensions of an expiring temporary faculty Veterinary Medical Center clinician license. Any other holder of a temporary faculty Veterinary Medical Center clinician license may apply for one two-year extension of the expiring temporary faculty Veterinary Medical Center clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are allowed to expire may not be renewed. The board shall grant an extension to a licensee who demonstrates suitable progress toward completing the requirements of their academic program, specialty board certification, or full licensure in Minnesota by a graduate of a foreign veterinary college.

(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees must abide by all the laws governing the practice of veterinary medicine in the state of Minnesota and are subject to the same disciplinary action as any other veterinarian licensed in the state of Minnesota.

(e) The fee for a license issued under this subdivision is the same as for a regular license to practice veterinary medicine in Minnesota. License payment deadlines, late payment fees, and other license requirements are also the same as for regular licenses.