Minnesota Legislature
HF 3388
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 04:38pm
Current Version - as introduced
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A bill for an act
relating to occupational licensing; establishing board processing procedures for
physician and nurse licensure applications; requiring the Board of Medical Practice
to issue temporary permits to practice as a respiratory therapist; amending
Minnesota Statutes 2020, sections 147C.15, subdivision 3; 148.211, by adding a
subdivision; 148.212, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapters 147; 148.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[147.0395] BOARD ACTION ON LICENSURE APPLICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Licensure application processing. new text end
new text begin
(a) The board shall act on each
application submitted for licensure to practice medicine according to this section.
new text end
new text begin
(b) The board shall determine if the applicant meets the requirements for licensure under
this chapter. The board shall determine if the application is complete or is deficient in any
way within 30 days from the date the application was received by the board. The board may
investigate information provided by an applicant in the application to determine whether
the information provided is accurate.
new text end
new text begin
(c) If the board determines that the application is complete, the board shall process the
application, and shall make a decision on the physician's application for licensure no later
than 30 days from the date the board determined that the application was complete, and no
later than 60 days from the date the application was received by the board.
new text end
new text begin
(d) If the board determines that the application is incomplete or deficient in any way,
the board must inform the applicant of the application's deficiencies within 30 days from
the date the application was received by the board. Upon receipt of the necessary information
from the applicant, the board shall process the application and shall make a decision on the
application for licensure no later than 30 days from the date the board determines the
application is complete.
new text end
new text begin
(e) Refusal of an applicant to supply information necessary to address an application's
deficiencies or failure to satisfy the requirements for licensure may result in denial of a
license.
new text end
new text begin Subd. 2. new text end
new text begin Permitting access to application information. new text end
new text begin
(a) Upon submitting an
application for licensure, an applicant may provide written consent to the board authorizing
the board to release information regarding the applicant's application to the applicant's
employers or potential employers. If an applicant authorizes access to the applicant's
application, the applicant must identify the applicant's employers or potential employers
that may request information regarding the applicant's application from the board.
new text end
new text begin
(b) If authorized by the applicant, the applicant's employer or a potential employer may
inquire to the board regarding the status of the applicant's application including whether the
application is complete and accurate; if complete and accurate, the date in which the board
is set to make a decision on the application; and whether the board has determined that the
application is not complete or accurate, and if so, what are the application's deficiencies.
new text end
new text begin
(c) For purposes of this subdivision, sections 13.41, subdivision 2, and 214.25 do not
apply if the applicant has consented in writing to the board permitting the board to release
information regarding the applicant's application to the applicant's employer or potential
employers identified by the applicant in accordance with this section.
new text end
new text begin Subd. 3. new text end
new text begin Application navigator. new text end
new text begin
The board must appoint an application navigator to
assist applicants in the application process. The board must make the application navigator's
contact information available on the board's website and must provide an applicant with the
contact information at the time the applicant submits an application for licensure. The
applicant or the applicant's employer or potential employer, if authorized by the applicant,
may contact the application navigator to assist in the application process, including keeping
the applicant informed as to the status of the application.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for applications submitted on or after
January 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2020, section 147C.15, subdivision 3, is amended to read:
Subd. 3.
Temporary permit.
new text begin (a) new text end The board deleted text begin maydeleted text end new text begin shallnew text end issue a new text begin nonrenewable new text end temporary
permit to practice as a respiratory therapist to an applicant eligible for licensure under this
section if the application for licensurenew text begin under this section if:
new text end
new text begin (1) the application for licensurenew text end is completedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end all applicable requirements in this section have been metdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3) the applicant is not the subject of a pending investigation or disciplinary action, nor
disqualified for any other reason;new text end and
new text begin (4) new text end a nonrefundable fee set by the board has been paid.
new text begin (b) new text end The permit remains valid deleted text begin onlydeleted text end until the meeting of the board at which a decision is
made on the respiratory therapist's application for licensurenew text begin , or for 120 days, whichever
comes firstnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2020, section 148.211, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Early application submission. new text end
new text begin
An applicant for licensure by examination
may submit to the board an application for licensure at the time the applicant is enrolled in
the final semester of study in a nursing education program approved by the board. The board
shall not issue a license to practice nursing until the applicant has met all applicable
requirements described in subdivision 1, paragraph (b).
new text end
Sec. 4.
new text begin
[148.2115] BOARD ACTION ON LICENSURE APPLICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Licensure application processing. new text end
new text begin
(a) The board shall act on each
application submitted for licensure to practice nursing according to this section.
new text end
new text begin
(b) The board shall determine if the applicant meets the requirements for licensure under
sections 148.171 to 148.285. The board shall determine if the application is complete or is
deficient in any way within 30 days from the date the application was received by the board.
The board may investigate information provided by an applicant in the application to
determine whether the information provided is accurate.
new text end
new text begin
(c) If the board determines that the application is complete, the board shall process the
application, and shall make a decision on the nurse's application for licensure no later than
30 days from the date the board determined that the application was complete, and no later
than 60 days from the date the application was received by the board.
new text end
new text begin
(d) If the board determines that the application is incomplete or deficient in any way,
the board must inform the applicant of the application's deficiencies within 30 days from
the date the application was received by the board. Upon receipt of the necessary information
from the applicant, the board shall process the application and shall make a decision on the
application for licensure within 30 days from the date the board determines the application
is complete.
new text end
new text begin
(e) Refusal of an applicant to supply information necessary to address an application's
deficiencies or failure to satisfy the requirements for licensure may result in denial of a
license.
new text end
new text begin Subd. 2. new text end
new text begin Permitting access to application information. new text end
new text begin
(a) Upon submitting an
application for licensure, an applicant may provide written consent to the board authorizing
the board to release information regarding the applicant's application to the applicant's
employers or potential employers. If an applicant authorizes access to the applicant's
application, the applicant must identify the applicant's employers or potential employers
that may request information regarding the applicant's application from the board.
new text end
new text begin
(b) If authorized by the applicant, the applicant's employer or a potential employer may
inquire to the board regarding the status of the applicant's application, including whether
the application is complete and accurate; if complete and accurate, the date in which the
board is set to make a decision on the application; and whether the board has determined
that the application is not complete or accurate, and if so, what are the application's
deficiencies.
new text end
new text begin
(c) For purposes of this subdivision, sections 13.41, subdivision 2, and 214.25 do not
apply if the applicant has consented in writing to the board permitting the board to release
information regarding the applicant's application to the applicant's employer or potential
employers that have been identified by the applicant in accordance with this section.
new text end
new text begin Subd. 3. new text end
new text begin Application navigator. new text end
new text begin
The board must appoint an application navigator to
assist applicants in the application process. The board must make the application navigator's
contact information available on the board's website and must provide an applicant with the
contact information at the time the applicant submits an application for licensure. The
applicant or the applicant's employer or potential employer, if authorized by the applicant,
may contact the application navigator to assist in the application process, including keeping
the applicant informed as to the status of the application.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for applications submitted on or after
January 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2020, section 148.212, subdivision 1, is amended to read:
Subdivision 1.
Issuance.
Upon receipt of the applicable licensure or reregistration fee
and permit fee, and in accordance with rules of the board, the board may issue a nonrenewable
temporary permit to practice professional or practical nursing to an applicant for licensure
or reregistration who is not the subject of a pending investigation or disciplinary action, nor
disqualified for any other reason, under the following circumstances:
(a) The applicant for licensure by endorsement under section 148.211, subdivision 2, is
currently licensed to practice professional or practical nursing in another state, territory, or
Canadian province. The permit is valid until the date of board action on the application or
for deleted text begin 60deleted text end new text begin 120new text end days, whichever comes first.
(b) The applicant for licensure by endorsement under section 148.211, subdivision 2,
or for reregistration under section 148.231, subdivision 5, is currently registered in a formal,
structured refresher course or its equivalent for nurses that includes clinical practice.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end