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HF 4354

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health care; expanding the health professional education loan forgiveness
program to include psychologists who agree to provide clinical services to treat
mental health; requiring the commissioner of health to award grants to cover the
cost of meeting certain supervision requirements; authorizing supervision
requirements for certain licenses to be satisfied through real-time, two-way
interactive audio and visual communication; appropriating money; amending
Minnesota Statutes 2021 Supplement, section 144.1501, subdivisions 1, 2, 3; Laws
2021, First Special Session chapter 7, article 3, sections 22; 23; 24; proposing
coding for new law in Minnesota Statutes, chapters 144; 214.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following definitions
apply.

(b) "Advanced dental therapist" means an individual who is licensed as a dental therapist
under section 150A.06, and who is certified as an advanced dental therapist under section
150A.106.

(c) "Alcohol and drug counselor" means an individual who is licensed as an alcohol and
drug counselor under chapter 148F.

(d) "Dental therapist" means an individual who is licensed as a dental therapist under
section 150A.06.

(e) "Dentist" means an individual who is licensed to practice dentistry.

(f) "Designated rural area" means a statutory and home rule charter city or township that
is outside the seven-county metropolitan area as defined in section 473.121, subdivision 2,
excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud.

(g) "Emergency circumstances" means those conditions that make it impossible for the
participant to fulfill the service commitment, including death, total and permanent disability,
or temporary disability lasting more than two years.

(h) "Mental health professional" means an individual providing clinical services in the
treatment of mental illness who is qualified in at least one of the ways specified in section
245.462, subdivision 18.

(i) "Medical resident" means an individual participating in a medical residency in family
practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

(j) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist,
advanced clinical nurse specialist, or physician assistant.

(k) "Nurse" means an individual who has completed training and received all licensing
or certification necessary to perform duties as a licensed practical nurse or registered nurse.

(l) "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.

(m) "Nurse practitioner" means a registered nurse who has graduated from a program
of study designed to prepare registered nurses for advanced practice as nurse practitioners.

(n) "Pharmacist" means an individual with a valid license issued under chapter 151.

(o) "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

(p) "Physician assistant" means a person licensed under chapter 147A.

new text begin (q) "Psychologist" means an individual who is licensed as a psychologist under sections
148.88 to 148.98.
new text end

deleted text begin (q)deleted text end new text begin (r)new text end "Public health nurse" means a registered nurse licensed in Minnesota who has
obtained a registration certificate as a public health nurse from the Board of Nursing in
accordance with Minnesota Rules, chapter 6316.

deleted text begin (r)deleted text end new text begin (s)new text end "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.

deleted text begin (s)deleted text end new text begin (t)new text end "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.

Sec. 2.

Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 2, is amended
to read:


Subd. 2.

Creation of account.

(a) A health professional education loan forgiveness
program account is established. The commissioner of health shall use money from the
account to establish a loan forgiveness program:

(1) for medical residents, mental health professionals, and alcohol and drug counselors
agreeing to practice in designated rural areas or underserved urban communities or
specializing in the area of pediatric psychiatry;

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach
at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program
at the undergraduate level or the equivalent at the graduate level;

(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care
facility for persons with developmental disability; a hospital if the hospital owns and operates
a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse
is in the nursing home; deleted text begin a housing with services establishment as defined in section 144D.01,
subdivision 4
deleted text end new text begin an assisted living facility under chapter 144Gnew text end ; or for a home care provider as
defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720
hours per year in the nursing field in a postsecondary program at the undergraduate level
or the equivalent at the graduate level;

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720
hours per year in their designated field in a postsecondary program at the undergraduate
level or the equivalent at the graduate level. The commissioner, in consultation with the
Healthcare Education-Industry Partnership, shall determine the health care fields where the
need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory
technology, radiologic technology, and surgical technology;

(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses
who agree to practice in designated rural areas; deleted text begin and
deleted text end

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient
encounters to state public program enrollees or patients receiving sliding fee schedule
discounts through a formal sliding fee schedule meeting the standards established by the
United States Department of Health and Human Services under Code of Federal Regulations,
title 42, section 51, chapter 303deleted text begin .deleted text end new text begin ; and
new text end

new text begin (7) for psychologists, mental health professionals, nurse practitioners certified in
psychiatric or mental health nursing, and alcohol and drug counselors who agree to provide
clinical services to treat mental illness.
new text end

(b) Appropriations made to the account do not cancel and are available until expended,
except that at the end of each biennium, any remaining balance in the account that is not
committed by contract and not needed to fulfill existing commitments shall cancel to the
fund.

Sec. 3.

Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 3, is amended
to read:


Subd. 3.

Eligibility.

(a) To be eligible to participate in the loan forgiveness program, an
individual must:

(1) be a medical or dental resident; a licensed pharmacist; new text begin a licensed psychologist; new text end or
be enrolled in a training or education program to become a dentist, dental therapist, advanced
dental therapist, new text begin psychologist, new text end mental health professional, alcohol and drug counselor,
pharmacist, public health nurse, midlevel practitioner, registered nurse, or a licensed practical
nurse. The commissioner may also consider applications submitted by graduates in eligible
professions who are licensed and in practice; and

(2) submit an application to the commissioner of health.

(b) An applicant selected to participate must sign a contract to agree to serve a minimum
three-year full-time service obligation according to subdivision 2, which shall begin no later
than March 31 following completion of required training, with the exception of a nurse,
who must agree to serve a minimum two-year full-time service obligation according to
subdivision 2, which shall begin no later than March 31 following completion of required
training.

Sec. 4.

new text begin [144.1507] SUPERVISION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health shall award grants to eligible
individuals for the purpose of subsidizing any cost incurred or required to be incurred by
the individual in meeting the supervision requirements associated with obtaining a license
or meeting the qualification requirements to become a mental health professional as defined
under section 245.462. To be eligible for a grant, an individual must be in the process of
qualifying to become a mental health professional as defined under section 245.462,
subdivision 18, or must be an applicant for one of the following:
new text end

new text begin (1) an independent clinical social worker licensed by the Board of Social Work under
chapter 148E;
new text end

new text begin (2) a psychologist licensed by the Board of Psychology under sections 148.88 to 148.98
in marriage and family therapy, or a person licensed as a marriage and family therapist by
the Minnesota Board of Marriage and Family Therapy under sections 148B.29 to 148B.39,
and defined in Minnesota Rules, parts 5300.0100 to 5300.0350;
new text end

new text begin (3) a marriage and family therapist licensed by the Board of Behavioral Health and
Therapy under sections 148B.29 to 148B.39;
new text end

new text begin (4) a professional counselor licensed by the Board of Behavioral Health and Therapy
under sections 148B.50 to 148.593;
new text end

new text begin (5) an advanced practice registered nurse certified in psychiatric and mental health
nursing and licensed by the Board of Nursing under sections 148.171 to 148.285; or
new text end

new text begin (6) an alcohol and drug counselor licensed by the Board of Behavioral Health and
Therapy under chapter 148F.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin An eligible individual seeking a grant must submit an application
to the commissioner. The application must include a copy of the contract or agreement
between the eligible individual or supervisee and the supervisor providing the required
supervision. The contract or agreement must include a description of the supervision
provided, the total number of hours of supervision that was provided, and the amount to be
compensated to the supervisor for providing the supervision. In considering applicants, the
commissioner shall give preference to applicants who document diverse cultural
competencies. The applicants are responsible for completing the required supervision and
securing the necessary supervisors.
new text end

new text begin Subd. 3. new text end

new text begin Grant amounts. new text end

new text begin The amount of the grant shall not exceed the cost necessary
to cover the supervision required for licensure or to qualify as a mental health professional.
The commissioner shall award grants proportionally among the eligible professions.
new text end

new text begin Subd. 4. new text end

new text begin Penalty for nonfulfillment. new text end

new text begin The grantee must provide the commissioner with
verification that the supervision was provided and the amount paid. If a grantee does not
fulfill the required supervision after receiving a grant under this section, the commissioner
shall collect from the grantee the total amount paid to the grantee under this program plus
interest at the rate established according to section 270C.40. Any money collected under
this subdivision must be deposited in the general fund. The commissioner may allow waivers
of all or part of the money owed to the commissioner as a result of a nonfulfillment penalty
if emergency circumstances prevent the fulfillment of the supervision requirement.
new text end

Sec. 5.

new text begin [214.065] SUPERVISION REQUIREMENTS.
new text end

new text begin Notwithstanding any other law to the contrary, a health-related licensing board shall
permit any supervision requirements for licensure to be satisfied through real-time, two-way,
interactive audio and visual communication.
new 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. 6.

Laws 2021, First Special Session chapter 7, article 3, section 22, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective July 1, deleted text begin 2025deleted text end new text begin 2022new text end .

Sec. 7.

Laws 2021, First Special Session chapter 7, article 3, section 23, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective July 1, deleted text begin 2025deleted text end new text begin 2022new text end .

Sec. 8.

Laws 2021, First Special Session chapter 7, article 3, section 24, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective July 1, deleted text begin 2025deleted text end new text begin 2022new text end .

Sec. 9. new text begin HEALTH PROFESSIONAL EDUCATION LOAN FORGIVENESS
PROGRAM; APPROPRIATION.
new text end

new text begin $14,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of health for the health professional education loan forgiveness program. Notwithstanding
the priorities and distribution requirements under Minnesota Statutes, section 144.1501, the
commissioner shall distribute these funds proportionally among the eligible professionals
listed in Minnesota Statutes, section 144.1501, subdivision 2, paragraph (a), clause (7). The
general fund base for this appropriation is $14,000,000.
new text end