Engrossments
Introduction		Posted on 03/01/2024
1st Engrossment		Posted on 03/14/2024
2nd Engrossment		Posted on 04/18/2024

A bill for an act
relating to health occupations; establishing transfer care specialist registration;
providing licensure for behavior analysts and assistants; providing licensure for
veterinary technicians; modifying required education criteria for dental assistants;
creating guest licensure for marriage and family therapists; authorizing pharmacists
to prescribe drugs to prevent the acquisition of HIV; revising the scope of practice
for optometrists; creating a limited licensure to practice medicine for international
medical graduates; establishing licensure for certified midwives; establishing
licensure for speech-language pathology assistants; establishing fees; appropriating
money; amending Minnesota Statutes 2022, sections 144.0572, subdivision 1;
147.037, by adding a subdivision; 147B.01, subdivisions 3, 4, 9, 14, by adding a
subdivision; 147B.03, subdivisions 2, 3; 147B.05, subdivision 1; 147B.06,
subdivisions 1, 4, 5; 147D.03, subdivision 1; 148.241; 148.511; 148.512,
subdivision 17a; 148.513, subdivisions 1, 2, 3, by adding a subdivision; 148.514,
subdivision 2; 148.515, subdivision 1; 148.518; 148.519, subdivision 1, by adding
a subdivision; 148.5191, subdivision 1, by adding a subdivision; 148.5192,
subdivisions 1, 2, 3; 148.5193, subdivision 1, by adding a subdivision; 148.5194,
subdivision 8, by adding a subdivision; 148.5195, subdivisions 5, 6; 148.5196,
subdivision 3; 148.56, subdivision 1; 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; 151.01, subdivisions 23, 27;
151.37, by adding a subdivision; 152.12, subdivision 1; 156.001, by adding
subdivisions; 156.07; 156.12, subdivisions 2, 4; 256B.0625, by adding a
subdivision; Minnesota Statutes 2023 Supplement, sections 144.99, subdivision
1; 148.5195, subdivision 3; 148.5196, subdivision 1; 148B.392, subdivision 2;
245C.031, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 148; 148B; 149A; 156; proposing coding for new law as Minnesota
Statutes, chapter 148G; repealing Minnesota Statutes 2022, sections 147A.09,
subdivision 5; 147B.01, subdivision 18; 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 6deleted text begin , ordeleted 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 Educationnew text begin ; or transfer care specialists
registered pursuant to section 149A.47new text end are not required to be licensed, provided that the
persons deleted text begin ordeleted text end new text begin ,new text end studentsnew text begin , or transfer care specialistsnew 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 supervisordeleted 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 ordeleted text end internnew text begin , or transfer care specialistnew 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) licensurenew text begin , registration,new text end and professional conduct of funeral directors, morticians,
interns, practicum students, deleted text begin anddeleted text end clinical studentsnew text begin , and transfer care specialistsnew 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 licensurenew text begin , registration,new text end and permits to all
applicants;

(3) administer examinations and issue licensesnew 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 anddeleted text end new text begin ,new text end internsnew text begin , and
transfer care specialistsnew 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 LICENSEnew 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 licensenew 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 licensenew 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 licensenew text begin , registration,new text end or permit issued by the regulatory agency or the
application for a licensenew 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 licensenew text begin ,
registration,new text end or permit.

If the regulatory agency proposes to deny renewal, suspend, or
revoke a licensenew 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 licensenew 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 ordeleted text end new text begin ,new text end to operate a funeral
establishment or crematorynew text begin , or to perform activities or actions permitted under this chapternew text end .

Subd. 5.

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

The regulatory agency may, where
there is sufficient reason, restore a licensenew 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 ordeleted text end new text begin ,new text end intern, new text begin or transfer care specialist; new text end the nature of the
misconductdeleted 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 and the appropriate fee
specified in section 149A.65. 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 adopteddeleted 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 anddeleted text end new text begin ,new text end internsnew text begin , and transfer care specialistsnew text end .

A licensee deleted text begin ordeleted text end new text begin ,new text end internnew text begin ,
or transfer care specialistnew text end regulated under this chapter may report to the commissioner any
conduct that the licensee deleted text begin ordeleted text end new text begin ,new text end internnew text begin , or transfer care specialistnew 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 ordeleted text end new text begin ,new text end internnew text begin , or transfer care specialistnew 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 ordeleted text end new text begin ,new text end internnew text begin , or transfer care specialistnew text end ;
or commits a licensee deleted text begin ordeleted text end new text begin ,new text end internnew text begin , or transfer care specialistnew 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 ordeleted text end internnew text begin , or
transfer care specialistnew 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 ordeleted text end new text begin ,new text end internnew text begin , or transfer care specialistnew 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 endorsementdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) $....... for the initial and renewal 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 ordeleted text end internnew text begin , or
transfer care specialistnew 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 internnew 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 ordeleted text end internnew text begin , or transfer care specialistnew 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 ordeleted text end new text begin ,new text end internnew text begin , or transfer care specialistnew text end shall
engage in or permit others under the licensee's deleted text begin ordeleted text end new text begin ,new text end intern'snew text begin , or transfer care specialist'snew 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 ordeleted text end new text begin ,new text end funeral directornew text begin , or transfer care specialistnew 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 assistant behavior analyst. new text end

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

new text begin Subd. 8. 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. 9. 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. 10. 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 and assistant 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 and assistant 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 and assistant 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 (a) 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 (b) The board, in consultation with the advisory council, may adopt rules related to the
supervision requirements for licensed assistant 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. 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 or an
assistant 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 (a) 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 (b) An applicant for licensure as an assistant 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 an assistant behavior analyst issued
by the certifying entity; or
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 or assistant 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 assistant 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," "behavior analyst," "licensed assistant behavior analyst," or
"assistant 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 January 1, 2025.
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 or licensed assistant 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 a licensed assistant 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, licensed assistant 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 or an assistant 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 and assistant 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" 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 seven 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;
new text end

new text begin (3) two members who are licensed assistant behavior analysts; and
new text end

new text begin (4) 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 and assistant 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 and assistant 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, $.......;
new text end

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

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

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

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

new text begin (6) supervisor application processing fee, $........
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 APPLIED 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 and assistant 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 or
a board certified assistant behavior analyst issued by the Behavior Analyst Certification
Board. 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

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

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

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

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 medicinedeleted text end new text begin licensednew text end in this state, or who shall
hereafter be licensed by the Board of Veterinary Medicine deleted text begin to engage in the practicedeleted text end new text begin as
veterinarians or veterinary techniciansnew 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 medicinenew text begin or
veterinary technologynew 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 medicinenew text begin or veterinary technologynew 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.

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

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

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 met the following requirements:
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

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 that 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

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 6deleted text end new text begin section 156.0721new 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 Laboratorydeleted 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 ordeleted text end ECFVG or PAVE
certification,new text begin or an institutional license under section 156.0721new 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

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 5 and sections 7 to 9 are effective July 1, 2026.
new text end

new text begin (b) Section 6 and sections 10 to 12 are effective July 1, 2025.
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.

(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 anddeleted text end new text begin ornew 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 subdivisiondeleted text end 3, deleted text begin paragraph (a),deleted text end clauses (1), (3), (4), (5),
and (6); deleted text begin or subdivisiondeleted text end 4, deleted text begin paragraph (a),deleted text end clauses (1), (2), (4), (5), (6), and (7); or deleted text begin subdivisiondeleted text end
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 hoursdeleted text end new text begin Halfnew 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-persondeleted 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 hoursdeleted text end new text begin Halfnew text end ofnew text begin thenew 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-persondeleted text end one-on-one supervisionnew text begin provided in person or via eye-to-eye electronic
media while maintaining visual contactnew text end ; or

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

(c) deleted text begin To qualify as in-persondeleted text end Group supervisiondeleted text begin , the groupdeleted text end must not exceed deleted text begin seven members
including the supervisordeleted text end new text begin six superviseesnew 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, bynew 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-persondeleted 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 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 marriage and family therapy 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, 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 examinationdeleted text end new text begin
licensenew 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 initialdeleted 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 $100deleted 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 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, licensed
advanced practice registered nurse, new text begin licensed certified midwife, new text end or licensed physician assistant.
For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision
3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental
therapist authorized to dispense and administer under chapter 150A. For purposes of sections
151.252, subdivision 3, and 151.461, "practitioner" also means a pharmacist authorized to
prescribe self-administered hormonal contraceptives, nicotine replacement medications, or
opiate antagonists under section 151.37, subdivision 14, 15, or 16new text begin , or authorized to prescribe
drugs to prevent the acquisition of human immunodeficiency virus (HIV) under section
151.37, subdivision 17new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2022, section 151.01, subdivision 27, is amended to read:

Subd. 27.

Practice of pharmacy.

"Practice of pharmacy" means:

(1) interpretation and evaluation of prescription drug orders;

(2) compounding, labeling, and dispensing drugs and devices (except labeling by a
manufacturer or packager of nonprescription drugs or commercially packaged legend drugs
and devices);

(3) participation in clinical interpretations and monitoring of drug therapy for assurance
of safe and effective use of drugs, including the performance of laboratory tests that are
waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code,
title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory
tests but may modify drug therapy only pursuant to a protocol or collaborative practice
agreement;

(4) participation in drug and therapeutic device selection; drug administration for first
dosage and medical emergencies; intramuscular and subcutaneous drug administration under
a prescription drug order; drug regimen reviews; and drug or drug-related research;

(5) drug administration, through intramuscular and subcutaneous administration used
to treat mental illnesses as permitted under the following conditions:

(i) upon the order of a prescriber and the prescriber is notified after administration is
complete; or

(ii) pursuant to a protocol or collaborative practice agreement as defined by section
151.01, subdivisions 27b and 27c, and participation in the initiation, management,
modification, administration, and discontinuation of drug therapy is according to the protocol
or collaborative practice agreement between the pharmacist and a dentist, optometrist,
physician, physician assistant, podiatrist, or veterinarian, or an advanced practice registered
nurse authorized to prescribe, dispense, and administer under section 148.235. Any changes
in drug therapy or medication administration made pursuant to a protocol or collaborative
practice agreement must be documented by the pharmacist in the patient's medical record
or reported by the pharmacist to a practitioner responsible for the patient's care;

(6) participation in administration of influenza vaccines and vaccines approved by the
United States Food and Drug Administration related to COVID-19 or SARS-CoV-2 to all
eligible individuals six years of age and older and all other vaccines to patients 13 years of
age and older by written protocol with a physician licensed under chapter 147, a physician
assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered
nurse authorized to prescribe drugs under section 148.235, provided that:

(i) the protocol includes, at a minimum:

(A) the name, dose, and route of each vaccine that may be given;

(B) the patient population for whom the vaccine may be given;

(D) the procedure for handling an adverse reaction;

(E) the name, signature, and address of the physician, physician assistant, or advanced
practice registered nurse;

(F) a telephone number at which the physician, physician assistant, or advanced practice
registered nurse can be contacted; and

(G) the date and time period for which the protocol is valid;

(ii) the pharmacist has successfully completed a program approved by the Accreditation
Council for Pharmacy Education specifically for the administration of immunizations or a
program approved by the board;

(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to
assess the immunization status of individuals prior to the administration of vaccines, except
when administering influenza vaccines to individuals age nine and older;

(iv) the pharmacist reports the administration of the immunization to the Minnesota
Immunization Information Connection; and

(v) the pharmacist complies with guidelines for vaccines and immunizations established
by the federal Advisory Committee on Immunization Practices, except that a pharmacist
does not need to comply with those portions of the guidelines that establish immunization
schedules when administering a vaccine pursuant to a valid, patient-specific order issued
by a physician licensed under chapter 147, a physician assistant authorized to prescribe
drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe
drugs under section 148.235, provided that the order is consistent with the United States
Food and Drug Administration approved labeling of the vaccine;

(7) participation in the initiation, management, modification, and discontinuation of
drug therapy according to a written protocol or collaborative practice agreement between:
(i) one or more pharmacists and one or more dentists, optometrists, physicians, physician
assistants, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
or advanced practice registered nurses authorized to prescribe, dispense, and administer
under section 148.235. Any changes in drug therapy made pursuant to a protocol or
collaborative practice agreement must be documented by the pharmacist in the patient's
medical record or reported by the pharmacist to a practitioner responsible for the patient's
care;

(8) participation in the storage of drugs and the maintenance of records;

(9) patient counseling on therapeutic values, content, hazards, and uses of drugs and
devices;

(10) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy;

(11) participation in the initiation, management, modification, and discontinuation of
therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:

(i) a written protocol as allowed under clause (7); or

(ii) a written protocol with a community health board medical consultant or a practitioner
designated by the commissioner of health, as allowed under section 151.37, subdivision 13;

(12) prescribing self-administered hormonal contraceptives; nicotine replacement
medications; and opiate antagonists for the treatment of an acute opiate overdose pursuant
to section 151.37, subdivision 14, 15, or 16; deleted text begin and
deleted text end

(13) participation in the placement of drug monitoring devices according to a prescription,
protocol, or collaborative practice agreementdeleted text begin .deleted text end new text begin ;
new text end

new text begin (14) prescribing, dispensing, and administering drugs for preventing the acquisition of
HIV if the pharmacist meets the requirements in section 151.37, subdivision 17; and
new text end

new text begin (15) ordering, conducting, and interpreting laboratory tests necessary for therapies that
use drugs for preventing the acquisition of HIV, if the pharmacist meets the requirements
in section 151.37, subdivision 17.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 151.37, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Drugs for preventing the acquisition of HIV. new text end

new text begin (a) A pharmacist is authorized
to prescribe and administer drugs to prevent the acquisition of human immunodeficiency
virus (HIV) in accordance with this subdivision.
new text end

new text begin (b) By January 1, 2025, the Board of Pharmacy shall develop a standardized protocol
for a pharmacist to follow in prescribing the drugs described in paragraph (a). In developing
the protocol, the board may consult with community health advocacy groups, the Board of
Medical Practice, the Board of Nursing, the commissioner of health, professional pharmacy
associations, and professional associations for physicians, physician assistants, and advanced
practice registered nurses.
new text end

new text begin (c) Before a pharmacist is authorized to prescribe a drug described in paragraph (a), the
pharmacist must successfully complete a training program specifically developed for
prescribing drugs for preventing the acquisition of HIV that is offered by a college of
pharmacy, a continuing education provider that is accredited by the Accreditation Council
for Pharmacy Education, or a program approved by the board. To maintain authorization
to prescribe, the pharmacist shall complete continuing education requirements as specified
by the board.
new text end

new text begin (d) Before prescribing a drug described in paragraph (a), the pharmacist shall follow the
appropriate standardized protocol developed under paragraph (b) and, if appropriate, may
dispense to a patient a drug described in paragraph (a).
new text end

new text begin (e) Before dispensing a drug described in paragraph (a) that is prescribed by the
pharmacist, the pharmacist must provide counseling to the patient on the use of the drugs
and must provide the patient with a fact sheet that includes the indications and
contraindications for the use of these drugs, the appropriate method for using these drugs,
the need for medical follow-up, and any additional information listed in Minnesota Rules,
part 6800.0910, subpart 2, that is required to be provided to a patient during the counseling
process.
new text end

new text begin (f) A pharmacist is prohibited from delegating the prescribing authority provided under
this subdivision to any other person. A pharmacist intern registered under section 151.101
may prepare the prescription, but before the prescription is processed or dispensed, a
pharmacist authorized to prescribe under this subdivision must review, approve, and sign
the prescription.
new text end

new text begin (g) Nothing in this subdivision prohibits a pharmacist from participating in the initiation,
management, modification, and discontinuation of drug therapy according to a protocol as
authorized in this section and in section 151.01, subdivision 27.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, except that paragraph
(b) is effective the day following final enactment.
new text end

ARTICLE 9

BOARD OF OPTOMETRY

Section 1.

Minnesota Statutes 2022, section 148.56, subdivision 1, is amended to read:

Subdivision 1.

Optometry defined.

(a) Any person shall be deemed to be practicing
optometry within the meaning of sections 148.52 to 148.62 who shall in any way:

(1) advertise as an optometrist;

(2) employ any means, including the use of autorefractors or other automated testing
devices, for the measurement of the powers of vision or the adaptation of lenses or prisms
for the aid thereof;

(3) possess testing appliances for the purpose of the measurement of the powers of vision;

(4) diagnose any disease, optical deficiency or deformity, or visual or muscular anomaly
of the visual system consisting of the human eye and its accessory or subordinate anatomical
parts;

(5) prescribe lenses, including plano or cosmetic contact lenses, or prisms for the
correction or the relief of same;

(6) employ or prescribe ocular exercises, orthoptics, or habilitative and rehabilitative
therapeutic vision care; or

(7) prescribe or administer legend drugs to aid in the diagnosis, cure, mitigation,
prevention, treatment, or management of disease, deficiency, deformity, or abnormality of
the human eye and adnexa included in the curricula of accredited schools or colleges of
optometry, and as limited by Minnesota statute and adopted rules by the Board of Optometry,
or who holds oneself out as being able to do so.

(b) In the course of treatment, nothing in this section shall allow:

(1) legend drugs to be administered intravenously, intramuscularly, or by injection,
except for treatment of anaphylaxis;

(2) invasive surgery including, but not limited to, surgery using lasers;

(3) Schedule II and III oral legend drugs deleted text begin and oral steroidsdeleted text end to be administered or
prescribed;new text begin or
new text end

(4) oral deleted text begin antivirals to be prescribed or administered for more than ten days; ordeleted text end new text begin steroids
to be prescribed or administered for more than 14 days without consultation with a physician.
new text end

deleted text begin (5) oral carbonic anhydrase inhibitors to be prescribed or administered for more than
seven days.
deleted text end

ARTICLE 10

BOARD OF MEDICAL PRACTICE

Section 1.

Minnesota Statutes 2023 Supplement, section 144.99, subdivision 1, is amended
to read:

Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and sections
115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
144.992; new text begin 147.037, subdivision 1b, paragraph (c); new text end 326.70 to 326.785; 327.10 to 327.131;
and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance
agreements, licenses, registrations, certificates, and permits adopted or issued by the
department or under any other law now in force or later enacted for the preservation of
public health may, in addition to provisions in other statutes, be enforced under this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2022, section 147.037, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Limited license. new text end

new text begin (a) The board must issue a limited license to any person who
satisfies the requirements of subdivision 1, paragraphs (a) to (c) and (e) to (g), and who:
new text end

new text begin (1) pursuant to a license or other authorization to practice, has practiced medicine, as
defined in section 147.081, subdivision 3, clauses (2) to (4), for at least 60 months in the
previous ten years outside of the United States;
new text end

new text begin (2) submits sufficient evidence of an offer to practice within the context of a collaborative
agreement within a hospital or clinical setting where the limited license holder and physicians
work together to provide patient care;
new text end

new text begin (3) provides services in a designated rural area or underserved urban community as
defined in section 144.1501; and
new text end

new text begin (4) submits two letters of recommendation in support of a limited license, which must
include one letter from a physician with whom the applicant previously worked and one
letter from an administrator of the hospital or clinical setting in which the applicant previously
worked. The letters of recommendation must attest to the applicant's good medical standing.
new text end

new text begin (b) A person issued a limited license under this subdivision must not be required to
present evidence satisfactory to the board of the completion of one year of graduate clinical
medical training in a program accredited by a national accrediting organization approved
by the board.
new text end

new text begin (c) An employer of a limited license holder must pay the limited license holder at least
an amount equivalent to a medical resident in a comparable field. The employer must carry
medical malpractice insurance covering a limited license holder for the duration of the
employment. The commissioner of health may issue a correction order under section 144.99,
subdivision 3, requiring an employer to comply with this paragraph. An employer must not
retaliate against or discipline an employee for raising a complaint or pursuing enforcement
relating to this paragraph.
new text end

new text begin (d) The board must issue a full and unrestricted license to practice medicine to a person
who holds a limited license issued pursuant to paragraph (a) and who has:
new text end

new text begin (1) held the limited license for two years and is in good standing to practice medicine
in this state;
new text end

new text begin (2) practiced for a minimum of 1,692 hours per year for each of the previous two years;
and
new text end

new text begin (3) submitted a letter of recommendation in support of a full and unrestricted license
from any physician who participated in the collaborative agreement.
new text end

new text begin (e) A limited license holder must submit to the board, every six months or upon request,
a statement certifying whether the person is still employed as a physician in this state and
whether the person has been subjected to professional discipline as a result of the person's
practice. The board may suspend or revoke a limited license if a majority of the board
determines that the licensee is no longer employed as a physician in this state by an employer.
The licensee must be granted an opportunity to be heard prior to the board's determination.
A licensee may change employers during the duration of the limited license if the licensee
has another offer of employment. In the event that a change of employment occurs, the
licensee must still work the number of hours required under paragraph (d), clause (2), to be
eligible for a full and unrestricted license to practice medicine.
new text end

new text begin (f) For purposes of this subdivision, "collaborative agreement" means a mutually agreed
upon plan for the overall working relationship and collaborative arrangement between a
holder of a limited license and one or more physicians licensed under this chapter that
designates the scope of services that can be provided to manage the care of patients. The
limited license holder and one of the collaborating physicians must have experience in
providing care to patients with the same or similar medical conditions. The collaborating
physician is not required to be physically present, but the limited license holder must have
one-on-one practice reviews provided in person or through eye-to-eye electronic media
while maintaining visual contact with each collaborating physician for at least two hours
per month, and the collaborating physician and limited license holder can easily contact
each other by radio, telephone, or other telecommunication device.
new text end

new text begin (g) The board must not grant a license under this section unless the applicant possesses
federal immigration status that allows the applicant to practice as a physician in the United
States.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 147B.01, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Acupuncture. new text end

new text begin "Acupuncture" means a unique treatment technique that uses
modern and traditional medical methods of diagnosis and treatment. It includes the insertion
of filiform or acupuncture needles through the skin and may include the use of other
biophysical methods of acupuncture point stimulation, including the use of heat, massage,
or manual therapy techniques or electrical stimulation. Acupuncture includes but is not
limited to therapies termed "dry needling," "trigger point therapy," "intramuscular therapy,"
"auricular detox treatment," and similar terms referring to the insertion of needles past the
skin for pain management, disease or symptom modification, or other related treatments.
new text end

Sec. 4.

Minnesota Statutes 2022, section 147B.01, subdivision 3, is amended to read:

Subd. 3.

Acupuncture new text begin and herbal medicine new text end practice.

"Acupuncturenew text begin and herbal medicinenew text end
practice" means a deleted text begin comprehensivedeleted text end system of new text begin primary new text end health care deleted text begin using Oriental medical
theory and its unique methods of diagnosis and treatment. Its treatment techniques include
the insertion of acupuncture needles through the skin and the use of other biophysical
methods of acupuncture point stimulation, including the use of heat, Oriental massage
techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
techniques, and exercise based on Oriental medical principlesdeleted text end new text begin that uses traditional and
modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
medicine theory, principles, and methods. Treatment techniques include but are not limited
to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary
guidelines, mind-body exercises, and other appropriate techniquesnew text end .

Sec. 5.

Minnesota Statutes 2022, section 147B.01, subdivision 4, is amended to read:

Subd. 4.

Acupuncture needle.

"Acupuncture needle" means a needle designed
exclusively for deleted text begin acupuncturedeleted text end new text begin thenew text end purposesnew text begin of insertion past the skin to alleviate pain, provide
symptom relief, or modulate disease processesnew text end . It has a solid core, with a tapered point, and
is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other
board-approved materials as long as the materials can be sterilized according to
recommendations of the National Centers for Disease Control and Prevention.

Sec. 6.

Minnesota Statutes 2022, section 147B.01, subdivision 9, is amended to read:

Subd. 9.

Breathing techniques.

"Breathing techniques" means deleted text begin Orientaldeleted text end breathing
exercises taught to a patient as part of a treatment plan.

Sec. 7.

Minnesota Statutes 2022, section 147B.01, subdivision 14, is amended to read:

Subd. 14.

Herbal therapiesnew text begin or herbal medicinenew text end .

"Herbal therapies" deleted text begin aredeleted text end new text begin or "herbal
medicine" meansnew text end the use of herbs and patent herbal remedies as supplements as part of the
treatment plan of the patient.

Sec. 8.

Minnesota Statutes 2022, section 147B.03, subdivision 2, is amended to read:

Subd. 2.

Board approval.

The board shall approve a continuing education program if
the program meets the following requirements:

(1) it directly relates to the practice of acupuncture;

(2) each member of the faculty shows expertise in the subject matter by holding a degree
or certificate from an educational institution, has verifiable experience in deleted text begin traditional Orientaldeleted text end
new text begin acupuncture and herbal new text end medicine, or has special training in the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific written objectives describing the goals of the program for the
participants; and

(5) the program sponsor maintains attendance records for four years.

Sec. 9.

Minnesota Statutes 2022, section 147B.03, subdivision 3, is amended to read:

Subd. 3.

Continuing education topics.

(a) Continuing education program topics may
includedeleted text begin ,deleted text end but are not limited todeleted text begin , Oriental medicaldeleted text end new text begin acupuncture and herbal medicinenew text end theory
and techniques including deleted text begin Orientaldeleted text end massage; deleted text begin Orientaldeleted text end nutrition; deleted text begin Orientaldeleted text end herbology and diet
therapy; deleted text begin Orientaldeleted text end exercise; deleted text begin western sciences such asdeleted text end anatomy, physiology, biochemistry,
microbiology, psychology, deleted text begin nutrition,deleted text end new text begin and new text end history of medicine; and medical terminology or
coding.

(b) Practice management courses are excluded under this section.

Sec. 10.

Minnesota Statutes 2022, section 147B.05, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The advisory council to the Board of Medical Practice for
acupuncture consists of seven members appointed by the board to three-year terms. Four
members must be deleted text begin licenseddeleted text end acupuncture practitionersnew text begin licensed in Minnesotanew text end , one member
must be a licensed physician or osteopathic physician who also practices acupuncture, one
member must be a licensed chiropractor who is NCCAOM certified, and one member must
be a member of the public who has received acupuncture treatment as a primary therapy
from a NCCAOM certified acupuncturist.

Sec. 11.

Minnesota Statutes 2022, section 147B.06, subdivision 1, is amended to read:

Subdivision 1.

Practice standards.

(a) Before treatment of a patient, an acupuncture
practitioner shall ask whether the patient has been examined by a licensed physician or other
professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
or injury, and shall review the diagnosis as reported.

(b) The practitioner shall obtain informed consent from the patient, after advising the
patient of the following information which must be supplied to the patient deleted text begin in writingdeleted text end before
or at the time of the initial visit:

(1) the practitioner's qualifications including:

(i) education;

(ii) license information; and

(iii) outline of the scope of practice of acupuncturists in Minnesota; and

(2) side effects which may include the following:

(i) some pain in the treatment area;

(ii) minor bruising;

(iii) infection;

(iv) needle sickness; or

(v) broken needles.

deleted text begin (c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
has been advised to consult with the patient's primary care physician about the acupuncture
treatment if the patient circumstances warrant or the patient chooses to do so.
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end The practitioner shall inquire whether the patient has a pacemaker or bleeding
disorder.

Sec. 12.

Minnesota Statutes 2022, section 147B.06, subdivision 4, is amended to read:

Subd. 4.

Scope of practice.

The scope of practice of acupuncture new text begin and herbal medicine
new text end includesdeleted text begin ,deleted text end but is not limited todeleted text begin ,deleted text end the following:

(1) deleted text begin using Oriental medical theory to assess and diagnose a patientdeleted text end new text begin evaluation,
management, and treatment services using methods and techniques described in section
147B.01, subdivisions 2a, 3, and 14new text end ;

(2) deleted text begin using Oriental medical theory to develop a plan to treat a patient. The treatment
techniques that may be chosen include:deleted text end new text begin diagnostic examination, testing, and procedures
including physical examination, basic diagnostic imaging, and basic laboratory or other
diagnostic tests for the purposes of guiding treatment within the scope of practice of
acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01,
subdivisions 2a, 3, and 14, provided that when results fall outside of the education, training,
and expertise of the licensed acupuncturists, or suggest serious or emergent conditions, the
acupuncturist will facilitate referrals to other appropriate health care providers;
new text end

deleted text begin (i) insertion of sterile acupuncture needles through the skin;
deleted text end

deleted text begin (ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
application of heat;
deleted text end

deleted text begin (iii) cupping;
deleted text end

deleted text begin (iv) dermal friction;
deleted text end

deleted text begin (v) acupressure;
deleted text end

deleted text begin (vi) herbal therapies;
deleted text end

deleted text begin (vii) dietary counseling based on traditional Chinese medical principles;
deleted text end

deleted text begin (viii) breathing techniques;
deleted text end

deleted text begin (ix) exercise according to Oriental medical principles; or
deleted text end

deleted text begin (x) Oriental massage.
deleted text end

new text begin (3) services included in the practice of acupuncture and herbal medicine, as defined in
section 147B.01, subdivision 3;
new text end

new text begin (4) stimulation of acupuncture points, areas of the body, or substances in the body using
acupuncture needles, heat, cold, color, light, infrared and ultraviolet, low-level or cold lasers,
sound, vibration, pressure, magnetism, electricity, electromagnetic energy, bleeding, suction,
or other devices or means;
new text end

new text begin (5) use of physical medicine modalities, procedures, and devices such as cupping, dermal
friction, acupressure, and massage, as described in section 147B.01, subdivisions 2a, 3, and
14;
new text end

new text begin (6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback
devices and other devices that utilize heat, cold, color, light, infrared and ultraviolet, low-level
or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy
for therapeutic purposes;
new text end

new text begin (7) dietary counseling using methods and techniques of acupuncture and herbal medicine;
and
new text end

new text begin (8) counseling and education regarding physical, emotional, and spiritual balance in
lifestyle using methods and techniques described in section 147B.01, subdivision 3.
new text end

Sec. 13.

Minnesota Statutes 2022, section 147B.06, subdivision 5, is amended to read:

Subd. 5.

Patient records.

An acupuncturist shall maintain a patient record for each
patient treated, including:

(1) a copy of the informed consent;

(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;

(3) evidence of deleted text begin a traditional acupuncturedeleted text end examination and diagnosis;

(4) record of the treatment including points treated; and

(5) evidence of evaluation and instructions given to the patient.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 147B.01, subdivision 18, new text end new text begin is repealed.
new text end

ARTICLE 11

BOARD OF NURSING

Section 1.

Minnesota Statutes 2022, section 147D.03, subdivision 1, is amended to read:

Subdivision 1.

General.

Within the meaning of sections 147D.01 to 147D.27, a person
who shall publicly profess to be a traditional midwife and who, for a fee, shall assist or
attend to a woman in pregnancy, childbirth outside a hospital, and postpartum, shall be
regarded as practicing traditional midwifery.new text begin A certified midwife licensed by the Board of
Nursing under chapter 148G is not subject to the provisions of this chapter.
new text end

Sec. 2.

Minnesota Statutes 2022, section 148.241, is amended to read:

148.241 EXPENSES.

Subdivision 1.

Appropriation.

The expenses of administering sections 148.171 to
148.285 new text begin and chapter 148G new text end shall be paid from the appropriation made to the Minnesota
Board of Nursing.

Subd. 2.

Expenditure.

All amounts appropriated to the board shall be held subject to
the order of the board to be used only for the purpose of meeting necessary expenses incurred
in the performance of the purposes of sections 148.171 to 148.285new text begin and chapter 148Gnew text end , and
the duties imposed thereby as well as the promotion of nursing new text begin or certified midwifery
new text end education and standards of nursing new text begin or certified midwifery new text end care in this state.

Sec. 3.

new text begin [148G.01] TITLE.
new text end

new text begin This chapter shall be referred to as the Minnesota Certified Midwife Practice Act.
new text end

Sec. 4.

new text begin [148G.02] SCOPE.
new text end

new text begin This chapter applies to all applicants and licensees, all persons who use the title certified
midwife, and all persons in or out of this state who provide certified midwifery services to
patients who reside in this state, unless there are specific applicable exemptions provided
by law.
new text end

Sec. 5.

new text begin [148G.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the definitions in this section have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Nursing.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin "Certification" means the formal recognition by the American
Midwifery Certification Board of the knowledge, skills, and experience demonstrated by
the achievement of standards identified by the American College of Nurse Midwives or any
successor organization.
new text end

new text begin Subd. 4. new text end

new text begin Certified midwife. new text end

new text begin "Certified midwife" means an individual who holds a current
and valid national certification as a certified midwife from the American Midwifery
Certification Board or any successor organization, and who is licensed by the board under
this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Certified midwifery practice. new text end

new text begin "Certified midwifery practice" means:
new text end

new text begin (1) managing, diagnosing, and treating women's primary health care, including pregnancy,
childbirth, postpartum period, care of the newborn, family planning, partner care management
relating to sexual health, and gynecological care of women across the life span;
new text end

new text begin (2) ordering, performing, supervising, and interpreting diagnostic studies within the
scope of certified midwifery practice, excluding interpreting computed tomography scans,
magnetic resonance imaging scans, positron emission tomography scans, nuclear scans, and
mammography;
new text end

new text begin (3) prescribing pharmacologic and nonpharmacologic therapies appropriate to midwifery
practice;
new text end

new text begin (4) consulting with, collaborating with, or referring to other health care providers as
warranted by the needs of the patient; and
new text end

new text begin (5) performing the role of educator in the theory and practice of midwifery.
new text end

new text begin Subd. 6. new text end

new text begin Collaborating. new text end

new text begin "Collaborating" means the process in which two or more health
care professionals work together to meet the health care needs of a patient, as warranted by
the needs of the patient.
new text end

new text begin Subd. 7. new text end

new text begin Consulting. new text end

new text begin "Consulting" means the process in which a certified midwife who
maintains primary management responsibility for a patient's care seeks advice or opinion
of a physician, an advanced practice registered nurse, or another member of the health care
team.
new text end

new text begin Subd. 8. new text end

new text begin Encumbered. new text end

new text begin "Encumbered" means: (1) a license or other credential that is
revoked, suspended, or contains limitations on the full and unrestricted practice of certified
midwifery when the revocation, suspension, or limitation is imposed by a state licensing
board or other state regulatory entity; or (2) a license or other credential that is voluntarily
surrendered.
new text end

new text begin Subd. 9. new text end

new text begin Licensure period. new text end

new text begin "Licensure period" means the interval of time during which
the certified midwife is authorized to engage in certified midwifery. The initial licensure
period is from six to 29 full calendar months starting on the day of licensure and ending on
the last day of the certified midwife's month of birth in an even-numbered year if the year
of birth is an even-numbered year, or in an odd-numbered year if the year of birth is in an
odd-numbered year. Subsequent licensure renewal periods are 24 months. For licensure
renewal, the period starts on the first day of the month following expiration of the previous
licensure period. The period ends the last day of the certified midwife's month of birth in
an even- or odd-numbered year according to the certified midwife's year of birth.
new text end

new text begin Subd. 10. new text end

new text begin Licensed practitioner. new text end

new text begin "Licensed practitioner" means a physician licensed
under chapter 147, an advanced practice registered nurse licensed under sections 148.171
to 148.235, or a certified midwife licensed under this chapter.
new text end

new text begin Subd. 11. new text end

new text begin Midwifery education program. new text end

new text begin "Midwifery education program" means a
university or college that provides a program of theory and practice that leads to the
preparation and eligibility for certification in midwifery and is accredited by the Accreditation
Commission for Midwifery Education or any successor organization recognized by the
United States Department of Education or the Council for Higher Education Accreditation.
new text end

new text begin Subd. 12. new text end

new text begin Patient. new text end

new text begin "Patient" means a recipient of care provided by a certified midwife,
including an individual, family, group, or community.
new text end

new text begin Subd. 13. new text end

new text begin Prescribing. new text end

new text begin "Prescribing" means the act of generating a prescription for the
preparation of, use of, or manner of using a drug or therapeutic device under section 148G.09.
Prescribing does not include recommending the use of a drug or therapeutic device that is
not required by the federal Food and Drug Administration to meet the labeling requirements
for prescription drugs and devices.
new text end

new text begin Subd. 14. new text end

new text begin Prescription. new text end

new text begin "Prescription" means a written direction or an oral direction
reduced to writing provided to or for a patient for the preparation or use of a drug or
therapeutic device. The requirements of section 151.01, subdivisions 16, 16a, and 16b, apply
to prescriptions for drugs.
new text end

new text begin Subd. 15. new text end

new text begin Referral. new text end

new text begin "Referral" means the process in which a certified midwife directs
a patient to a physician or another health care professional for management of a particular
problem or aspect of the patient's care.
new text end

new text begin Subd. 16. new text end

new text begin Supervision. new text end

new text begin "Supervision" means monitoring and establishing the initial
direction, setting expectations, directing activities and courses of action, evaluating, and
changing a course of action in certified midwifery care.
new text end

Sec. 6.

new text begin [148G.04] CERTIFIED MIDWIFE LICENSING.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin (a) No person shall practice as a certified midwife or serve
as the faculty of record for clinical instruction in a midwifery distance learning program
unless the certified midwife is licensed by the board under this chapter.
new text end

new text begin (b) An applicant for a license to practice as a certified midwife must apply to the board
in a format prescribed by the board and pay a fee in an amount determined under section
148G.11.
new text end

new text begin (c) To be eligible for licensure, an applicant must:
new text end

new text begin (1) not hold an encumbered license or other credential as a certified midwife or equivalent
professional designation in any state or territory;
new text end

new text begin (2) hold a current and valid certification as a certified midwife from the American
Midwifery Certification Board or any successor organization acceptable to the board and
provide primary source verification of certification to the board in a format prescribed by
the board;
new text end

new text begin (3) have completed a graduate level midwifery program that includes clinical experience,
is accredited by the Accreditation Commission for Midwifery Education or any successor
organization recognized by the United States Department of Education or the Council for
Higher Education Accreditation, and leads to a graduate degree. The applicant must submit
primary source verification of program completion to the board in a format prescribed by
the board. The primary source verification must verify the applicant completed three separate
graduate-level courses in physiology and pathophysiology; advanced health assessment;
and advanced pharmacology, including pharmacodynamics, pharmacokinetics, and
pharmacotherapeutics of all broad categories of agents;
new text end

new text begin (4) report any criminal conviction, nolo contendere plea, Alford plea, or other plea
arrangement in lieu of conviction; and
new text end

new text begin (5) not have committed any acts or omissions that are grounds for disciplinary action in
another jurisdiction or, if these acts were committed and would be grounds for disciplinary
action as set forth in section 148G.13, the board has found after an investigation that sufficient
remediation was made.
new text end

new text begin Subd. 2. new text end

new text begin Clinical practice component. new text end

new text begin If more than five years have elapsed since the
applicant has practiced in the certified midwife role, the applicant must complete a
reorientation plan as a certified midwife. The plan must include supervision during the
clinical component by a licensed practitioner with experience in providing care to patients
with the same or similar health care needs. The applicant must submit the plan and the name
of the practitioner to the board. The plan must include a minimum of 500 hours of supervised
certified midwifery practice. The certified midwife must submit verification of completion
of the clinical reorientation to the board when the reorientation is complete.
new text end

Sec. 7.

new text begin [148G.05] LICENSURE RENEWAL; RELICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal; current applicants. new text end

new text begin (a) A certified midwife must apply for
renewal of the certified midwife's license before the certified midwife's licensure period
ends. To be considered timely, the board must receive the certified midwife's application
on or before the last day of the certified midwife's licensure period. A certified midwife's
license lapses if the certified midwife's application is untimely.
new text end

new text begin (b) An applicant for certified midwifery renewal must provide the board evidence of
current certification or recertification as a certified midwife by the American Midwifery
Certification Board or any successor organization.
new text end

new text begin (c) An applicant for certified midwifery renewal must submit to the board the fee under
section 148G.11, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Clinical practice component. new text end

new text begin If more than five years have elapsed since the
applicant has practiced as a certified midwife, the applicant must complete a reorientation
plan as a certified midwife. The plan must include supervision during the clinical component
by a licensed practitioner with experience in providing care to patients with the same or
similar health care needs. The licensee must submit the plan and the name of the practitioner
to the board. The plan must include a minimum of 500 hours of supervised certified
midwifery practice. The certified midwife must submit verification of completion of the
clinical reorientation to the board when the reorientation is complete.
new text end

new text begin Subd. 3. new text end

new text begin Relicensure; lapsed applicants. new text end

new text begin A person whose license has lapsed desiring
to resume practice as a certified midwife must apply for relicensure, submit to the board
satisfactory evidence of compliance with the procedures and requirements established by
the board, and pay the board the relicensure fee under section 148G.11, subdivision 4, for
the current period. A penalty fee under section 148G.11, subdivision 3, is required from a
person who practiced certified midwifery without current licensure. The board must relicense
a person who meets the requirements of this subdivision.
new text end

Sec. 8.

new text begin [148G.06] FAILURE OR REFUSAL TO PROVIDE INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Notification requirement. new text end

new text begin An individual licensed as a certified midwife
must notify the board when the individual renews their certification. If a licensee fails to
provide notification, the licensee is prohibited from practicing as a certified midwife.
new text end

new text begin Subd. 2. new text end

new text begin Denial of license. new text end

new text begin Refusal of an applicant to supply information necessary to
determine the applicant's qualifications, failure to demonstrate qualifications, or failure to
satisfy the requirements for a license contained in this chapter or rules of the board may
result in denial of a license. The burden of proof is upon the applicant to demonstrate the
qualifications and satisfaction of the requirements.
new text end

Sec. 9.

new text begin [148G.07] NAME CHANGE AND CHANGE OF ADDRESS.
new text end

new text begin A certified midwife must maintain a current name and address with the board and must
notify the board in writing within 30 days of any change in name or address. All notices or
other correspondence mailed to or served upon a certified midwife by the board at the
licensee's address on file with the board are considered received by the licensee.
new text end

Sec. 10.

new text begin [148G.08] IDENTIFICATION OF CERTIFIED MIDWIVES.
new text end

new text begin Only those persons who hold a current license to practice certified midwifery in this
state may use the title of certified midwife. A certified midwife licensed by the board must
use the designation of CM for professional identification and in documentation of services
provided.
new text end

Sec. 11.

new text begin [148G.09] PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Diagnosing, prescribing, and ordering. new text end

new text begin Certified midwives, within the
scope of certified midwifery practice, are authorized to:
new text end

new text begin (1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies
and providers;
new text end

new text begin (2) prescribe, procure, sign for, record, administer, and dispense over-the-counter, legend,
and controlled substances, including sample drugs; and
new text end

new text begin (3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable
medical devices and equipment, nutrition, diagnostic services, and supportive services,
including but not limited to home health care, physical therapy, and occupational therapy.
new text end

new text begin Subd. 2. new text end

new text begin Drug Enforcement Administration requirements. new text end

new text begin (a) Certified midwives
must:
new text end

new text begin (1) comply with federal Drug Enforcement Administration (DEA) requirements related
to controlled substances; and
new text end

new text begin (2) file the certified midwife's DEA registrations and numbers with the board, if any.
new text end

new text begin (b) The board must maintain current records of all certified midwives with DEA
registration and numbers.
new text end

Sec. 12.

new text begin [148G.10] FEES.
new text end

new text begin The fees specified in section 148G.11 are nonrefundable and must be deposited in the
state government special revenue fund.
new text end

Sec. 13.

new text begin [148G.11] FEE AMOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin The fee for licensure is $105.
new text end

new text begin Subd. 2. new text end

new text begin Renewal. new text end

new text begin The fee for licensure renewal is $85.
new text end

new text begin Subd. 3. new text end

new text begin Practicing without current certification. new text end

new text begin The penalty fee for a person who
practices certified midwifery without a current certification or recertification, or who practices
certified midwifery without current certification or recertification on file with the board, is
$200 for the first month or part of a month and an additional $100 for each subsequent
month or parts of months of practice. The penalty fee must be calculated from the first day
the certified midwife practiced without a current certified midwife license and certification
to the last day of practice without a current license and certification, or from the first day
the certified midwife practiced without a current license and certification on file with the
board until the day the current license and certification is filed with the board.
new text end

new text begin Subd. 4. new text end

new text begin Relicensure. new text end

new text begin The fee for relicensure is $105. The fee for practicing without
current licensure is two times the amount of the current renewal fee for any part of the first
calendar month, plus the current renewal fee for any part of each subsequent month up to
24 months.
new text end

new text begin Subd. 5. new text end

new text begin Dishonored check fee. new text end

new text begin The service fee for a dishonored check is as provided
in section 604.113.
new text end

Sec. 14.

new text begin [148G.12] APPROVED MIDWIFERY EDUCATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Initial approval. new text end

new text begin An institution desiring to conduct a certified midwifery
program must submit evidence to the board that the institution is prepared to:
new text end

new text begin (1) provide a program of theory and practice in certified midwifery leading to eligibility
for certification in midwifery;
new text end

new text begin (2) achieve preaccreditation and eventual full accreditation by the American Commission
for Midwifery Education or any successor organization recognized by the United States
Department of Education or the Council for Higher Education Accreditation. Instruction
and required experience may be obtained in one or more institutions or agencies outside
the applying institution if the program retains accountability for all clinical and nonclinical
teaching; and
new text end

new text begin (3) meet other standards established by law and by the board.
new text end

new text begin Subd. 2. new text end

new text begin Continuing approval. new text end

new text begin The board must, through the board's representative,
annually survey all midwifery programs in the state for current accreditation status by the
American Commission for Midwifery Education or any successor organization recognized
by the United States Department of Education or the Council for Higher Education
Accreditation. If the results of the survey show that a certified midwifery program meets
all standards for continuing accreditation, the board must continue approval of the certified
midwifery program.
new text end

new text begin Subd. 3. new text end

new text begin Loss of approval. new text end

new text begin If the board determines that an accredited certified midwifery
program is not maintaining the standards required by the American Commission on
Midwifery Education or any successor organization, the board must obtain the defect in
writing from the accrediting body. If a program fails to correct the defect to the satisfaction
of the accrediting body and the accrediting body revokes the program's accreditation, the
board must remove the program from the list of approved certified midwifery programs.
new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of approval. new text end

new text begin The board must reinstate approval of a certified
midwifery program upon submission of satisfactory evidence that the certified midwifery's
program of theory and practice meets the standards required by the accrediting body.
new text end

Sec. 15.

new text begin [148G.13] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds listed. new text end

new text begin The board may deny, revoke, suspend, limit, or condition
the license of any person to practice certified midwifery under this chapter or otherwise
discipline a licensee or applicant as described in section 148G.14. The following are grounds
for disciplinary action:
new text end

new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for a license
contained in this chapter or rules of the board. In the case of a person applying for a license,
the burden of proof is upon the applicant to demonstrate the qualifications or satisfaction
of the requirements;
new text end

new text begin (2) employing fraud or deceit in procuring or attempting to procure a license to practice
certified midwifery;
new text end

new text begin (3) conviction of a felony or gross misdemeanor reasonably related to the practice of
certified midwifery. Conviction, as used in this subdivision, includes a conviction of an
offense that if committed in this state would be considered a felony or gross misdemeanor
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not
entered;
new text end

new text begin (4) revocation, suspension, limitation, conditioning, or other disciplinary action against
the person's certified midwife credential in another state, territory, or country; failure to
report to the board that charges regarding the person's certified midwifery license,
certification, or other credential are pending in another state, territory, or country; or failure
to report to the board having been refused a license or other credential by another state,
territory, or country;
new text end

new text begin (5) failure or inability to practice as a certified midwife with reasonable skill and safety,
or departure from or failure to conform to standards of acceptable and prevailing certified
midwifery, including failure of a certified midwife to adequately supervise or monitor the
performance of acts by any person working at the certified midwife's direction;
new text end

new text begin (6) engaging in unprofessional conduct, including but not limited to a departure from
or failure to conform to statutes relating to certified midwifery practice or to the minimal
standards of acceptable and prevailing certified midwifery practice, or in any certified
midwifery practice that may create unnecessary danger to a patient's life, health, or safety.
Actual injury to a patient need not be established under this clause;
new text end

new text begin (7) supervision or accepting the supervision of a midwifery function or a prescribed
health care function when the acceptance could reasonably be expected to result in unsafe
or ineffective patient care;
new text end

new text begin (8) actual or potential inability to practice certified midwifery with reasonable skill and
safety to patients by reason of illness; use of alcohol, drugs, chemicals, or any other material;
or as a result of any mental or physical condition;
new text end

new text begin (9) adjudication as mentally incompetent, mentally ill, a chemically dependent person,
or a person dangerous to the public by a court of competent jurisdiction, within or outside
of this state;
new text end

new text begin (10) engaging in any unethical conduct, including but not limited to conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
the health, welfare, or safety of a patient. Actual injury need not be established under this
clause;
new text end

new text begin (11) engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, in any verbal behavior that is seductive or sexually demeaning to
a patient, or in sexual exploitation of a patient or former patient;
new text end

new text begin (12) obtaining money, property, or services from a patient, other than reasonable fees
for services provided to the patient, through the use of undue influence, harassment, duress,
deception, or fraud;
new text end

new text begin (13) revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law;
new text end

new text begin (14) engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws;
new text end

new text begin (15) improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections 144.291 to
144.298, or to furnish a patient record or report required by law;
new text end

new text begin (16) knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
in the unlawful practice of certified midwifery;
new text end

new text begin (17) violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of certified midwifery, or a state or federal narcotics or controlled
substance law;
new text end

new text begin (18) knowingly providing false or misleading information to a patient that is directly
related to the care of that patient unless done for an accepted therapeutic purpose such as
the administration of a placebo;
new text end

new text begin (19) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
new text end

new text begin (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section 609.215, subdivision 1 or 2;
new text end

new text begin (ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;
new text end

new text begin (iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
new text end

new text begin (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
The board must investigate any complaint of a violation of section 609.215, subdivision 1
or 2;
new text end

new text begin (20) practicing outside the scope of certified midwifery practice as defined under section
148G.03, subdivision 5;
new text end

new text begin (21) making a false statement or knowingly providing false information to the board,
failing to make reports as required by section 148G.15, or failing to cooperate with an
investigation of the board as required by section 148G.17;
new text end

new text begin (22) engaging in false, fraudulent, deceptive, or misleading advertising;
new text end

new text begin (23) failure to inform the board of the person's certification or recertification status as
a certified midwife;
new text end

new text begin (24) engaging in certified midwifery practice without a license and current certification
or recertification by the American Midwifery Certification Board or any successor
organization; or
new text end

new text begin (25) failure to maintain appropriate professional boundaries with a patient. A certified
midwife must not engage in practices that create an unacceptable risk of patient harm or of
the impairment of a certified midwife's objectivity or professional judgment. A certified
midwife must not act or fail to act in a way that, as judged by a reasonable and prudent
certified midwife, inappropriately encourages the patient to relate to the certified midwife
outside of the boundaries of the professional relationship, or in a way that interferes with
the patient's ability to benefit from certified midwife services. A certified midwife must not
use the professional relationship with a patient, student, supervisee, or intern to further the
certified midwife's personal, emotional, financial, sexual, religious, political, or business
benefit or interests.
new text end

new text begin Subd. 2. new text end

new text begin Conviction of a felony-level criminal sexual offense. new text end

new text begin (a) Except as provided
in paragraph (e), the board must not grant or renew a license to practice certified midwifery
to any person who has been convicted on or after August 1, 2014, of any of the provisions
of section 609.342, subdivision 1 or 1a; 609.343, subdivision 1 or 1a; 609.344, subdivision
1 or subdivision 1a, paragraphs (c) to (g); or 609.345, subdivision 1 or subdivision 1a,
paragraphs (c) to (g); or a similar statute in another jurisdiction.
new text end

new text begin (b) A license to practice certified midwifery is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a).
new text end

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

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

new text begin (e) The board may establish criteria whereby an individual convicted of an offense listed
in paragraph (a) may become licensed if the criteria:
new text end

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

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

new text begin (3) require that a minimum of ten years has elapsed since the applicant's sentence was
discharged.
new text end

new text begin (f) The board must not consider an application under paragraph (e) if the board determines
that the victim involved in the offense was a patient or a client of the applicant at the time
of the offense.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging a violation of subdivision 1, clause
(3) or (4), or subdivision 2, a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered the same is admissible into evidence
without further authentication and constitutes prima facie evidence of the violation concerned.
new text end

new text begin Subd. 4. new text end

new text begin Examination; access to medical data. new text end

new text begin (a) If the board has probable cause to
believe that grounds for disciplinary action exist under subdivision 1, clause (8) or (9), it
may direct the applicant or certified midwife to submit to a mental or physical examination
or chemical dependency evaluation. For the purpose of this subdivision, when a certified
midwife licensed under this chapter is directed in writing by the board to submit to a mental
or physical examination or chemical dependency evaluation, that person is considered to
have consented and to have waived all objections to admissibility on the grounds of privilege.
Failure of the applicant or certified midwife to submit to an examination when directed
constitutes an admission of the allegations against the applicant or certified midwife, unless
the failure was due to circumstances beyond the person's control, and the board may enter
a default and final order without taking testimony or allowing evidence to be presented. A
certified midwife affected under this paragraph must, at reasonable intervals, be given an
opportunity to demonstrate that the competent practice of certified midwifery can be resumed
with reasonable skill and safety to patients. Neither the record of proceedings nor the orders
entered by the board in a proceeding under this paragraph may be used against a certified
midwife in any other proceeding.
new text end

new text begin (b) Notwithstanding sections 13.384, 144.651, and 595.02, or any other law limiting
access to medical or other health data, the board may obtain medical data and health records
relating to a certified midwife or applicant for a license without that person's consent if the
board has probable cause to believe that grounds for disciplinary action exist under
subdivision 1, clause (8) or (9). The medical data may be requested from a provider, as
defined in section 144.291, subdivision 2, paragraph (h); an insurance company; or a
government agency, including the Department of Human Services. A provider, insurance
company, or government agency must comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision,
unless the information is false and the provider giving the information knew or had reason
to believe the information was false. Information obtained under this subdivision is classified
as private data on individuals as defined in section 13.02.
new text end

Sec. 16.

new text begin [148G.14] FORMS OF DISCIPLINARY ACTION; AUTOMATIC
SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Forms of disciplinary action. new text end

new text begin If the board finds that grounds for
disciplinary action exist under section 148G.13, it may take one or more of the following
actions:
new text end

new text begin (1) deny the license application or licensure renewal;
new text end

new text begin (2) revoke the license;
new text end

new text begin (3) suspend the license;
new text end

new text begin (4) impose limitations on the certified midwife's practice of certified midwifery including
but not limited to limitation of scope of practice or the requirement of practice under
supervision;
new text end

new text begin (5) impose conditions on the retention of the license, including but not limited to the
imposition of retraining or rehabilitation requirements or the conditioning of continued
practice on demonstration of knowledge or skills by appropriate examination, monitoring,
or other review;
new text end

new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation. The amount
of the civil penalty must be fixed so as to deprive the certified midwife of any economic
advantage gained by reason of the violation charged; to reimburse the board for the cost of
counsel, investigation, and proceeding; and to discourage repeated violations;
new text end

new text begin (7) order the certified midwife to provide unremunerated service;
new text end

new text begin (8) censure or reprimand the certified midwife; or
new text end

new text begin (9) any other action justified by the facts in the case.
new text end

new text begin Subd. 2. new text end

new text begin Automatic suspension of license. new text end

new text begin (a) Unless the board orders otherwise, a
license to practice certified midwifery is automatically suspended if:
new text end

new text begin (1) a guardian of a certified midwife is appointed by order of a court under sections
524.5-101 to 524.5-502;
new text end

new text begin (2) the certified midwife is committed by order of a court under chapter 253B; or
new text end

new text begin (3) the certified midwife is determined to be mentally incompetent, mentally ill,
chemically dependent, or a person dangerous to the public by a court of competent
jurisdiction within or outside of this state.
new text end

new text begin (b) The license remains suspended until the certified midwife is restored to capacity by
a court and, upon petition by the certified midwife, the suspension is terminated by the
board after a hearing or upon agreement between the board and the certified midwife.
new text end

new text begin Subd. 3. new text end

new text begin Temporary suspension of license. new text end

new text begin In addition to any other remedy provided
by law, the board may, through its designated board member under section 214.10,
subdivision 2, temporarily suspend the license of a certified midwife without a hearing if
the board finds that there is probable cause to believe the certified midwife has violated a
statute or rule the board is empowered to enforce and continued practice by the certified
midwife would create a serious risk of harm to others. The suspension takes effect upon
written notice to the certified midwife, served by first-class mail, specifying the statute or
rule violated. The suspension must remain in effect until the board issues a temporary stay
of suspension or a final order in the matter after a hearing or upon agreement between the
board and the certified midwife. At the time it issues the suspension notice, the board must
schedule a disciplinary hearing to be held under the Administrative Procedure Act. The
board must provide the certified midwife at least 20 days' notice of any hearing held under
this subdivision. The board must schedule the hearing to begin no later than 30 days after
the issuance of the suspension order.
new text end

new text begin Subd. 4. new text end

new text begin Reissuance. new text end

new text begin The board may reinstate and reissue a license certificate to practice
certified midwifery, but as a condition may impose any disciplinary or corrective measure
that it might originally have imposed. Any person whose license has been revoked,
suspended, or limited may have the license reinstated and a new license issued when, at the
discretion of the board, the action is warranted, provided that the board must require the
person to pay the costs of the proceedings resulting in the revocation, suspension, or limitation
of the license; the reinstatement of the license; and the fee for the current licensure period.
The cost of proceedings includes but is not limited to the cost paid by the board to the Office
of Administrative Hearings and the Office of the Attorney General for legal and investigative
services; the costs of a court reporter and witnesses, reproduction of records, board staff
time, travel, and expenses; and the costs of board members' per diem reimbursements, travel
costs, and expenses.
new text end

Sec. 17.

new text begin [148G.15] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for discipline under section 148G.13 may report the alleged violation
to the board.
new text end

new text begin Subd. 2. new text end

new text begin Institutions. new text end

new text begin The chief nursing executive or chief administrative officer of any
hospital, clinic, prepaid medical plan, or other health care institution or organization located
in this state must report to the board any action taken by the institution or organization or
any of its administrators or committees to revoke, suspend, limit, or condition a certified
midwife's privilege to practice in the institution, or as part of the organization, any denial
of privileges, any dismissal from employment, or any other disciplinary action. The institution
or organization must also report the resignation of any certified midwife before the conclusion
of any disciplinary proceeding, or before commencement of formal charges, but after the
certified midwife had knowledge that formal charges were contemplated or in preparation.
The reporting described by this subdivision is required only if the action pertains to grounds
for disciplinary action under section 148G.13.
new text end

new text begin Subd. 3. new text end

new text begin Licensed professionals. new text end

new text begin A person licensed by a health-related licensing board
as defined in section 214.01, subdivision 2, must report to the board personal knowledge
of any conduct the person reasonably believes constitutes grounds for disciplinary action
under section 148G.13 by any certified midwife, including conduct indicating that the
certified midwife may be incompetent, may have engaged in unprofessional or unethical
conduct, or may be mentally or physically unable to engage safely in the practice of certified
midwifery.
new text end

new text begin Subd. 4. new text end

new text begin Insurers. new text end

new text begin (a) By the first day of February, May, August, and November, each
insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13),
and providing professional liability insurance to certified midwives must submit to the board
a report concerning any certified midwife against whom a malpractice award has been made
or who has been a party to a settlement. The report must contain at least the following
information:
new text end

new text begin (1) the total number of settlements or awards;
new text end

new text begin (2) the date a settlement or award was made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlement or award;
new text end

new text begin (4) the dollar amount of each malpractice settlement or award and whether that amount
was paid as a result of a settlement or of an award; and
new text end

new text begin (5) the name and address of the practice of the certified midwife against whom an award
was made or with whom a settlement was made.
new text end

new text begin (b) An insurer must also report to the board any information it possesses that tends to
substantiate a charge that a certified midwife may have engaged in conduct in violation of
this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Courts. new text end

new text begin The court administrator of district court or another court of competent
jurisdiction must report to the board any judgment or other determination of the court that
adjudges or includes a finding that a certified midwife is a person who is mentally ill,
mentally incompetent, chemically dependent, dangerous to the public, guilty of a felony or
gross misdemeanor, guilty of a violation of federal or state narcotics laws or controlled
substances act, guilty of operating a motor vehicle while under the influence of alcohol or
a controlled substance, or guilty of an abuse or fraud under Medicare or Medicaid; or if the
court appoints a guardian of the certified midwife under sections 524.5-101 to 524.5-502
or commits a certified midwife under chapter 253B.
new text end

new text begin Subd. 6. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 2 to 5 must be submitted
no later than 30 days after the occurrence of the reportable event or transaction. The board
may provide forms for the submission of reports required by this section, may require that
the reports be submitted on the forms provided, and may adopt rules necessary to ensure
prompt and accurate reporting. The board must review all reports, including those submitted
after the deadline.
new text end

new text begin Subd. 7. new text end

new text begin Failure to report. new text end

new text begin Any person, institution, insurer, or organization that fails to
report as required under subdivisions 2 to 6 is subject to civil penalties for failing to report
as required by law.
new text end

Sec. 18.

new text begin [148G.16] IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting. new text end

new text begin Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting in good faith a report to
the board under section 148G.15 or for otherwise reporting in good faith to the board
violations or alleged violations of this chapter. All such reports are investigative data as
defined in chapter 13.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin (a) Members of the board and persons employed by the board
or engaged in the investigation of violations and in the preparation and management of
charges of violations of this chapter on behalf of the board, or persons participating in the
investigation or testifying regarding charges of violations, are immune from civil liability
and criminal prosecution for any actions, transactions, or publications in the execution of,
or relating to, their duties under this chapter.
new text end

new text begin (b) Members of the board and persons employed by the board or engaged in maintaining
records and making reports regarding adverse health care events are immune from civil
liability and criminal prosecution for any actions, transactions, or publications in the
execution of, or relating to, their duties under this chapter.
new text end

Sec. 19.

new text begin [148G.17] CERTIFIED MIDWIFE COOPERATION.
new text end

new text begin A certified midwife who is the subject of an investigation by or on behalf of the board
must cooperate fully with the investigation. Cooperation includes responding fully and
promptly to any question raised by or on behalf of the board relating to the subject of the
investigation and providing copies of patient or other records in the certified midwife's
possession, as reasonably requested by the board, to assist the board in its investigation and
to appear at conferences and hearings scheduled by the board. The board must pay for copies
requested. If the board does not have written consent from a patient permitting access to
the patient's records, the certified midwife must delete any data in the record that identify
the patient before providing it to the board. The board must maintain any records obtained
pursuant to this section as investigative data under chapter 13. The certified midwife must
not be excused from giving testimony or producing any documents, books, records, or
correspondence on the grounds of self-incrimination, but the testimony or evidence must
not be used against the certified midwife in any criminal case.
new text end

Sec. 20.

new text begin [148G.18] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
new text end

new text begin Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court must seal the administrative record, except for the board's final decision,
and must not make the administrative record available to the public.
new text end

Sec. 21.

new text begin [148G.19] EXEMPTIONS.
new text end

new text begin The provisions of this chapter do not prohibit:
new text end

new text begin (1) the furnishing of certified midwifery assistance in an emergency;
new text end

new text begin (2) the practice of certified midwifery by any legally qualified certified midwife of
another state who is employed by the United States government or any bureau, division, or
agency thereof while in the discharge of official duties;
new text end

new text begin (3) the practice of any profession or occupation licensed by the state, other than certified
midwifery, by any person licensed to practice the profession or occupation, or the
performance by a person of any acts properly coming within the scope of the profession,
occupation, or license;
new text end

new text begin (4) the practice of traditional midwifery as specified under section 147D.03;
new text end

new text begin (5) certified midwifery practice by a student practicing under the supervision of an
instructor while the student is enrolled in an approved certified midwifery education program;
or
new text end

new text begin (6) certified midwifery practice by a certified midwife licensed in another state, territory,
or jurisdiction who is in Minnesota temporarily:
new text end

new text begin (i) providing continuing or in-service education;
new text end

new text begin (ii) serving as a guest lecturer;
new text end

new text begin (iii) presenting at a conference; or
new text end

new text begin (iv) teaching didactic content via distance education to a student located in Minnesota
who is enrolled in a formal, structured course of study, such as a course leading to a higher
degree in midwifery.
new text end

Sec. 22.

new text begin [148G.20] VIOLATIONS; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Violations described. new text end

new text begin It is unlawful for any person, corporation, firm,
or association to:
new text end

new text begin (1) sell or fraudulently obtain or furnish any certified midwifery diploma, license, or
record, or aid or abet therein;
new text end

new text begin (2) practice certified midwifery under cover of any diploma, permit, license certified
midwife credential, or record illegally or fraudulently obtained or signed or issued unlawfully
or under fraudulent representation;
new text end

new text begin (3) practice certified midwifery unless the person is licensed to do so under this chapter;
new text end

new text begin (4) use the professional title certified midwife or licensed certified midwife unless
licensed to practice certified midwifery under this chapter;
new text end

new text begin (5) use any abbreviation or other designation tending to imply licensure as a certified
midwife unless licensed to practice certified midwifery under this chapter;
new text end

new text begin (6) practice certified midwifery in a manner prohibited by the board in any limitation
of a license issued under this chapter;
new text end

new text begin (7) practice certified midwifery during the time a license issued under this section is
suspended or revoked;
new text end

new text begin (8) knowingly employ persons in the practice of certified midwifery who have not been
issued a current license to practice as a certified midwife in this state; or
new text end

new text begin (9) conduct a certified midwifery program for the education of persons to become certified
midwives unless the program has been approved by the board.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Any person, corporation, or association violating any provision of
subdivision 1 is guilty of a gross misdemeanor and must be punished according to law.
new text end

new text begin Subd. 3. new text end

new text begin Penalty; certified midwives. new text end

new text begin In addition to subdivision 2, a certified midwife
who practices certified midwifery without a current license and certification or recertification,
or without current certification or recertification on file with the board, must pay a penalty
fee of $200 for the first month or part of a month and an additional $100 for each subsequent
month or parts of months of practice. The amount of the penalty fee must be calculated
from the first day the certified midwife practiced without a current certified midwife license
and certification to the last day of practice without a current license and certification, or
from the first day the certified midwife practiced without a current license and certification
on file with the board until the day the current license and certification is filed with the
board.
new text end

Sec. 23.

new text begin [148G.21] UNAUTHORIZED PRACTICE OF MIDWIFERY.
new text end

new text begin The practice of certified midwifery by any person who is not licensed to practice certified
midwifery under this chapter, or whose license has been suspended or revoked, or whose
national certification credential has expired, is inimical to the public health and welfare and
constitutes a public nuisance. Upon a complaint being made by the board or any prosecuting
officer, and upon a proper showing of the facts, the district court of the county where such
practice occurred may enjoin such acts and practice. The injunction proceeding is in addition
to, and not in lieu of, all other penalties and remedies provided by law.
new text end

Sec. 24.

Minnesota Statutes 2022, section 152.12, subdivision 1, is amended to read:

Subdivision 1.

Prescribing, dispensing, administering controlled substances in
Schedules II through V.

A licensed doctor of medicine, a doctor of osteopathic medicine,
duly licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine,
a licensed doctor of podiatry, a licensed advanced practice registered nurse,new text begin a licensed
certified midwife,new text end a licensed physician assistant, or a licensed doctor of optometry limited
to Schedules IV and V, and in the course of professional practice only, may prescribe,
administer, and dispense a controlled substance included in Schedules II through V of section
152.02, may cause the same to be administered by a nurse, an intern or an assistant under
the direction and supervision of the doctor, and may cause a person who is an appropriately
certified and licensed health care professional to prescribe and administer the same within
the expressed legal scope of the person's practice as defined in Minnesota Statutes.

Sec. 25.

Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 28c. new text end

new text begin Certified midwifery practice services. new text end

new text begin Medical assistance covers services
performed by a licensed certified midwife if:
new text end

new text begin (1) the service provided on an inpatient basis is not included as part of the cost for
inpatient services included in the facility payment;
new text end

new text begin (2) the service is otherwise covered under this chapter as a physician service; and
new text end

new text begin (3) the service is within the scope of practice of the certified midwife's license as defined
under chapter 148G.
new text end

Sec. 26. new text begin EFFECTIVE DATE.
new text end

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

ARTICLE 12

SPEECH-LANGUAGE PATHOLOGY ASSISTANT LICENSURE

Section 1.

Minnesota Statutes 2022, section 144.0572, subdivision 1, is amended to read:

Subdivision 1.

Criminal history background check requirements.

(a) Beginning
January 1, 2018, an applicant for initial licensure, temporary licensure, or relicensure after
a lapse in licensure as an audiologist or speech-language pathologist, new text begin a speech-language
pathology assistant, new text end or an applicant for initial certification as a hearing instrument dispenser,
must submit to a criminal history records check of state data completed by the Bureau of
Criminal Apprehension (BCA) and a national criminal history records check, including a
search of the records of the Federal Bureau of Investigation (FBI).

(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an
audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed
or obtained a certificate before January 1, 2018, must submit to a criminal history records
check of state data completed by the BCA and a national criminal history records check,
including a search of the records of the FBI.

(d) The criminal history records check must be structured so that any new crimes that
an applicant or licensee or certificate holder commits after the initial background check are
flagged in the BCA's or FBI's database and reported back to the commissioner of human
services.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2022, section 148.511, is amended to read:

148.511 SCOPE.

Sections 148.511 to 148.5198 apply to persons who are applicants for licensure, who
use protected titles, who represent that they are licensed, or who engage in the practice of
speech-language pathology or audiologynew text begin or practice as a speech-language pathology assistantnew text end .
Sections 148.511 to 148.5198 do not apply to school personnel licensed by the Professional
Educator Licensing and Standards Board and practicing within the scope of their school
license under Minnesota Rules, part 8710.6000, or the paraprofessionals who assist these
individuals.

Sec. 3.

Minnesota Statutes 2022, section 148.512, subdivision 17a, is amended to read:

Subd. 17a.

Speech-language pathology assistant.

"Speech-language pathology assistant"
means a person who new text begin meets the qualifications under section 148.5181 and new text end provides
speech-language pathology services under the supervision of a licensed speech-language
pathologist in accordance with section 148.5192.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 148.513, subdivision 1, is amended to read:

Subdivision 1.

Unlicensed practice prohibited.

A person must not engage in the practice
of speech-language pathology or audiology new text begin or practice as a speech-language pathology
assistant new text end unless the person is licensed as a speech-language pathologist deleted text begin ordeleted text end new text begin ,new text end an audiologistnew text begin ,
or a speech-language pathology assistantnew text end under sections 148.511 to 148.5198 deleted text begin or is practicing
as a speech-language pathology assistant in accordance with section 148.5192deleted text end . For purposes
of this subdivision, a speech-language pathology assistant's duties are limited to the duties
described in accordance with section 148.5192, subdivision 2.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 148.513, subdivision 2, is amended to read:

Subd. 2.

Protected titles and restrictions on usenew text begin ; speech-language pathologists and
audiologistsnew text end .

(a) Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (c)new text end , the use of the following terms or initials
which represent the following terms, alone or in combination with any word or words, by
any person to form an occupational title is prohibited unless that person is licensed new text begin as a
speech-language pathologist or audiologist new text end under sections 148.511 to 148.5198:

(1) speech-language;

(2) speech-language pathologist, S, SP, or SLP;

(3) speech pathologist;

(4) language pathologist;

(5) audiologist, A, or AUD;

(6) speech therapist;

(7) speech clinician;

(8) speech correctionist;

(9) language therapist;

(10) voice therapist;

(11) voice pathologist;

(12) logopedist;

(13) communicologist;

(14) aphasiologist;

(15) phoniatrist;

(16) audiometrist;

(17) audioprosthologist;

(18) hearing therapist;

(19) hearing clinician; or

(20) hearing aid audiologist.

new text begin (b) new text end Use of the term "Minnesota licensed" in conjunction with the titles protected under
deleted text begin thisdeleted text end paragraph new text begin (a) new text end by any person is prohibited unless that person is licensed new text begin as a
speech-language pathologist or audiologist new text end under sections 148.511 to 148.5198.

deleted text begin (b)deleted text end new text begin (c)new text end A speech-language pathology assistant practicing under deleted text begin section 148.5192deleted text end new text begin sections
148.511 to 148.5198new text end must not represent, indicate, or imply to the public that the assistant
is a licensed speech-language pathologist and shall only utilize deleted text begin one of the following titles:
"speech-language pathology assistant," "SLP assistant," or "SLP asst."deleted text end new text begin the titles provided
in subdivision 2b.
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. 6.

Minnesota Statutes 2022, section 148.513, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Protected titles and restrictions on use; speech-language pathology
assistant. new text end

new text begin (a) The use of the following terms or initials which represent the following terms,
alone or in combination with any word or words, by any person to form an occupational
title is prohibited unless that person is licensed under section 148.5181:
new text end

new text begin (1) speech-language pathology assistant;
new text end

new text begin (2) SLP assistant; or
new text end

new text begin (3) SLP asst.
new text end

new text begin (b) Use of the term "Minnesota licensed" in conjunction with the titles protected under
this subdivision by any person is prohibited unless that person is licensed under section
148.5181.
new text end

new text begin (c) A speech-language pathology assistant practicing under section 148.5192 must not
represent, indicate, or imply to the public that the assistant is a licensed speech-language
pathologist and must only utilize the title provided in paragraph (a).
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.

Minnesota Statutes 2022, section 148.513, subdivision 3, is amended to read:

Subd. 3.

Exemption.

(a) Nothing in sections 148.511 to 148.5198 prohibits the practice
of any profession or occupation licensed, certified, or registered by the state by any person
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.

(b) Subdivision 1 does not apply to a student participating in supervised field work or
supervised course work that is necessary to meet the requirements of deleted text begin sectiondeleted text end new text begin sectionsnew text end
148.515, subdivision 2 deleted text begin or 3deleted text end new text begin , or 148.5181, subdivision 2new text end , if the person is designated by a
title which clearly indicates the person's status as a student trainee.

(c) Subdivisions 1 deleted text begin anddeleted text end new text begin ,new text end 2new text begin , and 2anew text end do not apply to a person visiting and then leaving the
state and using titles restricted under this section while in the state, if the titles are used no
more than 30 days in a calendar year as part of a professional activity that is limited in scope
and duration and is in association with an audiologist or speech-language pathologist licensed
under sections 148.511 to 148.5198.

Sec. 8.

Minnesota Statutes 2022, section 148.514, subdivision 2, is amended to read:

Subd. 2.

General licensure qualifications.

An applicant for licensure must possess the
qualifications required in one of the following clauses:

(1) a person who applies for licensure and does not meet the requirements in clause (2)
or (3), must meet the requirements in section 148.515new text begin or 148.5181, subdivision 2new text end ;

(2) a person who applies for licensure and who has a current certificate of clinical
competence issued by the American Speech-Language-Hearing Association, or board
certification by the American Board of Audiology, must meet the requirements of section
148.516; or

(3) a person who applies for licensure by reciprocity must meet the requirements under
section 148.517new text begin or 148.5181, subdivision 3new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2022, section 148.515, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

Except as provided in section 148.516 or 148.517, an
applicant new text begin for speech-language pathology or audiology new text end must meet the requirements in this
section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2022, section 148.518, is amended to read:

148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.

new text begin Subdivision 1. new text end

new text begin Speech-language pathology or audiology lapse. new text end

deleted text begin Fordeleted text end An applicant whose
licensure status has lapseddeleted text begin , the applicantdeleted text end new text begin and who is applying for a speech-language pathology
or audiology licensenew text end must:

(1) apply for licensure renewal according to section 148.5191 and document compliance
with the continuing education requirements of section 148.5193 since the applicant's license
lapsed;

(2) fulfill the requirements of section 148.517;

(3) apply for renewal according to section 148.5191, provide evidence to the
commissioner that the applicant holds a current and unrestricted credential for the practice
of speech-language pathology from the Professional Educator Licensing and Standards
Board or for the practice of speech-language pathology or audiology in another jurisdiction
that has requirements equivalent to or higher than those in effect for Minnesota, and provide
evidence of compliance with Professional Educator Licensing and Standards Board or that
jurisdiction's continuing education requirements;

(4) apply for renewal according to section 148.5191 and submit verified documentation
of successful completion of 160 hours of supervised practice approved by the commissioner.
To participate in a supervised practice, the applicant shall first apply and obtain temporary
licensing according to section 148.5161; or

(5) apply for renewal according to section 148.5191 and provide documentation of
obtaining a qualifying score on the examination described in section 148.515, subdivision
4, within one year of the application date for license renewal.

new text begin Subd. 2. new text end

new text begin Speech-language pathology assistant licensure lapse. new text end

new text begin An applicant applying
for speech-language pathology assistant licensure and whose licensure status has lapsed
must:
new text end

new text begin (1) apply for licensure renewal according to section 148.5191 and document compliance
with the continuing education requirements of section 148.5193 since the applicant's license
lapsed;
new text end

new text begin (2) apply for renewal according to section 148.5191, and provide evidence to the
commissioner that the applicant has an associate's degree from a speech-language pathology
assistant program that is accredited by the Higher Learning Commission of the North Central
Association of Colleges;
new text end

new text begin (3) apply for renewal according to section 148.5191 and provide evidence to the
commissioner that the applicant has a bachelor's degree in the discipline of communication
sciences or disorders and a speech-language pathology assistant certificate program, including
relevant coursework and supervised field experience according to section 148.5181; or
new text end

new text begin (4) apply for licensure renewal according to section 148.5191 and document compliance
with the continuing education requirements of section 148.5193 since the applicant's license
lapsed.
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. 11.

new text begin [148.5181] LICENSURE; SPEECH-LANGUAGE PATHOLOGY
ASSISTANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin Except as provided in subdivisions 3 and 4, an applicant
for licensure as a speech-language pathology assistant must meet the requirements of this
section.
new text end

new text begin Subd. 2. new text end

new text begin Educational requirements. new text end

new text begin (a) To be eligible for speech-language pathology
assistant licensure, an applicant must submit to the commissioner a transcript from an
educational institution documenting satisfactory completion of either:
new text end

new text begin (1) an associate's degree from a speech-language pathology assistant program that is
accredited by the Higher Learning Commission of the North Central Association of Colleges
or its equivalent as approved by the commissioner and that includes at least 100 hours of
supervised field work experience in speech-language pathology assisting; or
new text end

new text begin (2) a bachelor's degree in the discipline of communication sciences or disorders and a
speech-language pathology assistant certificate program that includes:
new text end

new text begin (i) coursework in an introduction to speech-language pathology assisting, adult
communication disorders and treatment, speech sound disorders and language disorders at
a speech-language pathology assistant level; and
new text end

new text begin (ii) at least 100 hours of supervised field work experience in speech-language pathology
assisting.
new text end

new text begin (b) Within one month following expiration of a license, an applicant for licensure renewal
as a speech-language pathology assistant must provide, on a form provided by the
commissioner, evidence to the commissioner of a minimum of 20 contact hours of continuing
education obtained within the two years immediately preceding licensure expiration. A
minimum of 13 contact hours of continuing education must be directly related to the licensee's
area of licensure. Seven contact hours of continuing education may be in areas generally
related to the licensee's area of licensure. Licensees who are issued licenses for a period of
less than two years must prorate the number of contact hours required for licensure renewal
based on the number of months licensed during the biennial licensure period. Licensees
must receive contact hours for continuing education activities only for the biennial licensure
period in which the continuing education activity was performed.
new text end

new text begin Subd. 3. new text end

new text begin Licensure by reciprocity. new text end

new text begin The commissioner shall issue a speech-language
pathology assistant license to a person who holds a current speech-language pathology
assistant license in another state if the following conditions are met:
new text end

new text begin (1) payment of the commissioner's current fee for licensure; and
new text end

new text begin (2) the applicant submits evidence of licensure in good standing from another state that
maintains a system and standard of examinations for speech-language pathology assistants
which meets or exceeds the current requirements for licensure in Minnesota.
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. 12.

Minnesota Statutes 2022, section 148.519, subdivision 1, is amended to read:

Subdivision 1.

Applications for licensurenew text begin ; speech-language pathologists and
audiologistsnew text end .

(a) An applicant for licensure new text begin as a speech-language pathologist or audiologist
new text end must:

(1) submit a completed application for licensure on forms provided by the commissioner.
The application must include the applicant's name, certification number under chapter 153A,
if applicable, business address and telephone number, or home address and telephone number
if the applicant practices speech-language pathology or audiology out of the home, and a
description of the applicant's education, training, and experience, including previous work
history for the five years immediately preceding the date of application. The commissioner
may ask the applicant to provide additional information necessary to clarify information
submitted in the application; and

(2) submit documentation of the certificate of clinical competence issued by the American
Speech-Language-Hearing Association, board certification by the American Board of
Audiology, or satisfy the following requirements:

(i) submit a transcript showing the completion of a master's or doctoral degree or its
equivalent meeting the requirements of section 148.515, subdivision 2;

(ii) submit documentation of the required hours of supervised clinical training;

(iii) submit documentation of the postgraduate clinical or doctoral clinical experience
meeting the requirements of section 148.515, subdivision 4; and

(iv) submit documentation of receiving a qualifying score on an examination meeting
the requirements of section 148.515, subdivision 6.

(b) In addition, an applicant must:

(1) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;

(2) submit with the application all fees required by section 148.5194;

(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records
in this or any other state in which the applicant has engaged in the practice of speech-language
pathology or audiology; and

(4) consent to a fingerprint-based criminal history background check as required under
section 144.0572, pay all required fees, and cooperate with all requests for information. An
applicant must complete a new criminal history background check if more than one year
has elapsed since the applicant last applied for a license.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2022, section 148.519, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Applications for licensure; speech-language pathology assistants. new text end

new text begin An
applicant for licensure as a speech-language pathology assistant must:
new text end

new text begin (1) submit a completed application on forms provided by the commissioner. The
application must include the applicant's name, business address and telephone number,
home address and telephone number, and a description of the applicant's education, training,
and experience, including previous work history for the five years immediately preceding
the application date. The commissioner may ask the applicant to provide additional
information needed to clarify information submitted in the application;
new text end

new text begin (2) submit a transcript showing the completion of the requirements set forth in section
148.5181;
new text end

new text begin (3) submit a signed statement that the information in the application is true and correct
to the best of the applicant's knowledge and belief;
new text end

new text begin (4) submit all fees required under section 148.5194;
new text end

new text begin (5) submit a signed waiver authorizing the commissioner to obtain access to the applicant's
records in this or any other state in which the applicant has worked as a speech-language
pathology assistant; and
new text end

new text begin (6) consent to a fingerprint-based criminal history background check as required under
section 144.0572, pay all required fees, and cooperate with all requests for information. An
applicant must complete a new criminal history background check if more than one year
has lapsed since the applicant last applied for a license.
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. 14.

Minnesota Statutes 2022, section 148.5191, subdivision 1, is amended to read:

Subdivision 1.

Renewal requirements.

To renew licensure, an applicant new text begin for license
renewal as a speech-language pathologist or audiologist new text end must:

(1) biennially complete a renewal application on a form provided by the commissioner
and submit the biennial renewal fee;

(2) meet the continuing education requirements of section 148.5193 and submit evidence
of attending continuing education courses, as required in section 148.5193, subdivision 6;
and

(3) submit additional information if requested by the commissioner to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the commissioner's request.

Sec. 15.

Minnesota Statutes 2022, section 148.5191, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Renewal requirements; speech-language pathology assistant. new text end

new text begin To renew
licensure, an applicant for license renewal as a speech-language pathology assistant must:
new text end

new text begin (1) biennially complete a renewal application on a form provided by the commissioner
and submit the biennial renewal fee;
new text end

new text begin (2) meet the continuing education requirements of section 148.5193, subdivision 1a,
and submit evidence of attending continuing education courses, as required in section
148.5193, subdivision 1a; and
new text end

new text begin (3) submit additional information if requested by the commissioner to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the commissioner's request.
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. 16.

Minnesota Statutes 2022, section 148.5192, subdivision 1, is amended to read:

Subdivision 1.

Delegation requirements.

A licensed speech-language pathologist may
delegate duties to a new text begin licensed new text end speech-language pathology assistant in accordance with this
sectionnew text begin following an initial introduction to a client with the speech-language pathologist
and speech-language pathology assistant presentnew text end . deleted text begin Duties may only be delegated to an
individual who has documented with a transcript from an educational institution satisfactory
completion of either:
deleted text end

deleted text begin (1) an associate degree from a speech-language pathology assistant program that is
accredited by the Higher Learning Commission of the North Central Association of Colleges
or its equivalent as approved by the commissioner; or
deleted text end

deleted text begin (2) a bachelor's degree in the discipline of communication sciences or disorders with
additional transcript credit in the area of instruction in assistant-level service delivery
practices and completion of at least 100 hours of supervised field work experience as a
speech-language pathology assistant student.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2022, section 148.5192, subdivision 2, is amended to read:

Subd. 2.

Delegated duties; prohibitions.

(a) A speech-language pathology assistant
may perform only those duties delegated by a licensed speech-language pathologist and
must be limited to duties within the training and experience of the speech-language pathology
assistant.

(b) Duties may include the following as delegated by the supervising speech-language
pathologist:

(1) assist with speech language and hearing screenings;

(2) implement documented treatment plans or protocols developed by the supervising
speech-language pathologist;

(3) document client performancenew text begin , including writing progress notesnew text end ;

(4) assist with assessments of clients;

(5) assist with preparing materials and scheduling activities as directed;

(6) perform checks and maintenance of equipment;

(7) support the supervising speech-language pathologist in research projects, in-service
training, and public relations programs; and

(8) collect data for quality improvement.

(1) perform standardized or nonstandardized diagnostic tests, perform formal or informal
evaluations, or interpret test results;

(2) deleted text begin screen or diagnose clients for feeding or swallowing disorders, including using a
checklist or tabulating results of feeding or swallowing evaluations, or demonstrate
swallowing strategies or precautions to clients or the clients' familiesdeleted text end new text begin demonstrate strategies
included in the feeding and swallowing plan developed by the speech-language pathologist
or share such information with students, patients, clients, families, staff, and caregiversnew text end ;

(3) participate in parent conferences, case conferences, or deleted text begin anydeleted text end interdisciplinary team
deleted text begin without the presence of the supervising speech-language pathologist or other licensed
speech-language pathologist as authorized by the supervising speech-language pathologistdeleted text end new text begin
meetings without approval from the speech-language pathologist or misrepresent themselves
as a speech-language pathologist at such a conference or meeting. The speech-language
pathologist and speech-language pathology assistant are required to meet prior to the parent
conferences, case conferences, or interdisciplinary team meetings to determine the
information to be sharednew text end ;

(4) provide client or family counseling or consult with the client or the family regarding
the client status or service;

(5) write, develop, or modify a client's individualized treatment plan or individualized
education program;

(6) select clients for service;

(7) discharge clients from service;

(8) disclose deleted text begin clinical or confidential information either orally or in writing to anyone
other than the supervising speech-language pathologistdeleted text end new text begin information to other team members
without permission from the supervising speech-language pathologistnew text end ; or

(9) make referrals for additional services.

(d) A speech-language pathology assistant must deleted text begin notdeleted text end new text begin onlynew text end sign deleted text begin any formaldeleted text end documents,
including treatment plans, education plans, reimbursement forms, or reportsnew text begin , when cosigned
by the supervising speech-language pathologistnew text end . The speech-language pathology assistant
must sign or initial all treatment notes written by the assistantnew text begin , which must then also be
cosigned by the supervising speech-language pathologistnew text end .

Sec. 18.

Minnesota Statutes 2022, section 148.5192, subdivision 3, is amended to read:

Subd. 3.

Supervision requirements.

(a) A supervising speech-language pathologist
shall authorize and accept full responsibility for the performance, practice, and activity of
a speech-language pathology assistant.new text begin The amount and type of supervision required must
be based on the skills and experience of the speech-language pathology assistant. A minimum
of one hour every 30 days of consultative supervision time must be documented for each
speech-language pathology assistant.
new text end

(b) A supervising speech-language pathologist must:

(1) be licensed under sections 148.511 to 148.5198;

(2) hold a certificate of clinical competence from the American Speech-Language-Hearing
Association or its equivalent as approved by the commissioner; and

(3) have completed at least deleted text begin onedeleted text end new text begin ten hours ofnew text end continuing education deleted text begin unitdeleted text end in supervision.

(c) deleted text begin The supervision of a speech-language pathology assistant shall be maintained on the
deleted text end deleted text begin following schedule:
deleted text end

deleted text begin (1) for the first 90 workdays, within a 40-hour work week, 30 percent of the work
deleted text end deleted text begin performed by the speech-language pathology assistant must be supervised and at least 20
deleted text end deleted text begin percent of the work performed must be under direct supervision; deleted text end deleted text begin and
deleted text end

deleted text begin (2) for the work period after the initial 90-day period, within a 40-hour work week, 20
deleted text end deleted text begin percent of the work performed must be supervised and at least ten percent of the work
deleted text end deleted text begin performed must be under direct supervisiondeleted text end new text begin Once every 60 days, the supervising
speech-language pathologist must treat or cotreat with the speech-language pathology
assistant each client on the speech-language pathology assistant's caseloadnew text end .

(d) For purposes of this section, "direct supervision" means deleted text begin on-site, in-viewdeleted text end observation
and guidance by the supervising speech-language pathologist during the performance of a
delegated dutynew text begin that occurs either on-site and in-view or through the use of real-time, two-way
interactive audio and visual communicationnew text end . The supervision requirements described in this
section are minimum requirements. Additional supervision requirements may be imposed
at the discretion of the supervising speech-language pathologist.

(e) A supervising speech-language pathologist must be available to communicate with
a speech-language pathology assistant at any time the assistant is in direct contact with a
client.

(f) A supervising speech-language pathologist must document activities performed by
the assistant that are directly supervised by the supervising speech-language pathologist.
At a minimum, the documentation must include:

(1) information regarding the quality of the speech-language pathology assistant's
performance of the delegated duties; and

(2) verification that any delegated clinical activity was limited to duties authorized to
be performed by the speech-language pathology assistant under this section.

(g) A supervising speech-language pathologist must review and cosign all informal
treatment notes signed or initialed by the speech-language pathology assistant.

(h) A full-time, speech-language pathologist may supervise no more than deleted text begin onedeleted text end new text begin twonew text end
full-time, speech-language pathology deleted text begin assistantdeleted text end new text begin assistantsnew text end or the equivalent of deleted text begin onedeleted text end new text begin twonew text end
full-time deleted text begin assistantdeleted text end new text begin assistantsnew text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2022, section 148.5193, subdivision 1, is amended to read:

Subdivision 1.

Number of contact hours requirednew text begin ; speech-language pathologists
and audiologistsnew text end .

(a) An applicant for licensure renewal new text begin as a speech-language pathologist
or audiologist new text end must meet the requirements for continuing education stipulated by the
American Speech-Language-Hearing Association or the American Board of Audiology, or
satisfy the requirements described in paragraphs (b) to (e).

(b) Within one month following expiration of a license, an applicant for licensure renewal
as either a speech-language pathologist or an audiologist must provide evidence to the
commissioner of a minimum of 30 contact hours of continuing education obtained within
the two years immediately preceding licensure expiration. A minimum of 20 contact hours
of continuing education must be directly related to the licensee's area of licensure. Ten
contact hours of continuing education may be in areas generally related to the licensee's
area of licensure. Licensees who are issued licenses for a period of less than two years shall
prorate the number of contact hours required for licensure renewal based on the number of
months licensed during the biennial licensure period. Licensees shall receive contact hours
for continuing education activities only for the biennial licensure period in which the
continuing education activity was performed.

(c) An applicant for licensure renewal as both a speech-language pathologist and an
audiologist must attest to and document completion of a minimum of 36 contact hours of
continuing education offered by a continuing education sponsor within the two years
immediately preceding licensure renewal. A minimum of 15 contact hours must be received
in the area of speech-language pathology and a minimum of 15 contact hours must be
received in the area of audiology. Six contact hours of continuing education may be in areas
generally related to the licensee's areas of licensure. Licensees who are issued licenses for
a period of less than two years shall prorate the number of contact hours required for licensure
renewal based on the number of months licensed during the biennial licensure period.
Licensees shall receive contact hours for continuing education activities only for the biennial
licensure period in which the continuing education activity was performed.

(d) If the licensee is licensed by the Professional Educator Licensing and Standards
Board:

(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) directly related to speech-language pathology;

(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
subpart 3, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) generally related to speech-language pathology; and

(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent
to 1.0 contact hours of continuing education.

(e) Contact hours may not be accumulated in advance and transferred to a future
continuing education period.

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2022, section 148.5193, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Continuing education; speech-language pathology assistants. new text end

new text begin An applicant
for licensure renewal as a speech-language pathology assistant must meet the requirements
for continuing education established by the American Speech-Language-Hearing Association
and submit evidence of attending continuing education courses. A licensee must receive
contact hours for continuing education activities only for the biennial licensure period in
which the continuing education activity was completed. Continuing education contact hours
obtained in one licensure period must not be transferred to a future licensure period.
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. 21.

Minnesota Statutes 2022, section 148.5194, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Speech-language pathology assistant licensure fees. new text end

new text begin The fee for initial
licensure as a speech-language pathology assistant is $........ The fee for licensure renewal
for a speech-language pathology assistant is $........
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. 22.

Minnesota Statutes 2022, section 148.5194, subdivision 8, is amended to read:

Subd. 8.

Penalty fees.

(a) The penalty fee for practicing speech-language pathology or
audiologynew text begin , practicing as a speech-language pathology assistant,new text end or using protected titles
without a current license after the credential has expired and before it is renewed is the
amount of the license renewal fee for any part of the first month, plus the license renewal
fee for any part of any subsequent month up to 36 months.

(b) The penalty fee for applicants who engage in the unauthorized practice of
speech-language pathology or audiologynew text begin , practice as a speech-language pathology assistant,new text end
or deleted text begin usingdeleted text end new text begin use ofnew text end protected titles before being issued a license is the amount of the license
application fee for any part of the first month, plus the license application fee for any part
of any subsequent month up to 36 months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice of speech language
pathology or audiologynew text begin or in the unauthorized practice as a speech-language pathology
assistantnew text end .

(c) The penalty fee for practicing speech-language pathology or audiology and failing
to submit a continuing education report by the due date with the correct number or type of
hours in the correct time period is $100 plus $20 for each missing clock hour. new text begin The penalty
fee for a licensed speech-language pathology assistant who fails to submit a continuing
education report by the due date with the correct number or type of hours in the correct time
period is $100 plus $20 for each missing clock hour. new text end "Missing" means not obtained between
the effective and expiration dates of the certificate, the one-month period following the
certificate expiration date, or the 30 days following notice of a penalty fee for failing to
report all continuing education hours. The licensee must obtain the missing number of
continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2023 Supplement, section 148.5195, subdivision 3, is amended
to read:

Subd. 3.

Grounds for disciplinary action by commissioner.

The commissioner may
take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:

(1) intentionally submitted false or misleading information to the commissioner or the
advisory council;

(2) failed, within 30 days, to provide information in response to a written request by the
commissioner or advisory council;

(3) performed services of a speech-language pathologist deleted text begin ordeleted text end new text begin ,new text end audiologistnew text begin , or
speech-language pathology assistantnew text end in an incompetent or negligent manner;

(4) violated sections 148.511 to 148.5198;

(5) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs, or other physical or mental impairment;

(6) violated any state or federal law, rule, or regulation, and the violation is a felony or
misdemeanor, an essential element of which is dishonesty, or which relates directly or
indirectly to the practice of speech-language pathology or audiologynew text begin or to the practice of a
speech-language pathology assistantnew text end . Conviction for violating any state or federal law which
relates to speech-language pathology deleted text begin ordeleted text end new text begin ,new text end audiologynew text begin , or to the practice of a speech-language
pathology assistantnew text end is necessarily considered to constitute a violation, except as provided
in chapter 364;

(7) aided or abetted another person in violating any provision of sections 148.511 to
148.5198;

(8) been or is being disciplined by another jurisdiction, if any of the grounds for the
discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;

(9) not cooperated with the commissioner or advisory council in an investigation
conducted according to subdivision 1;

(10) advertised in a manner that is false or misleading;

(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated
a willful or careless disregard for the health, welfare, or safety of a client;

(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion
of a fee to any other professional other than a fee for services rendered by the other
professional to the client;

(13) engaged in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical
assistance laws;

(14) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(15) performed services for a client who had no possibility of benefiting from the services;

(16) failed to refer a client for medical evaluation or to other health care professionals
when appropriate or when a client indicated symptoms associated with diseases that could
be medically or surgically treated;

(17) had the certification required by chapter 153A denied, suspended, or revoked
according to chapter 153A;

(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or
SLPD without having obtained the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools, the Council on Academic Accreditation
in Audiology and Speech-Language Pathology, the United States Department of Education,
or an equivalent;

(19) failed to comply with the requirements of section 148.5192 regarding supervision
of speech-language pathology assistants; or

(20) if the individual is an audiologist or certified prescription hearing aid dispenser:

(i) prescribed to a consumer or potential consumer the use of a prescription hearing aid,
unless the prescription from a physician, an audiologist, or a certified dispenser is in writing,
is based on an audiogram that is delivered to the consumer or potential consumer when the
prescription is made, and bears the following information in all capital letters of 12-point
or larger boldface type: "THIS PRESCRIPTION MAY BE FILLED BY, AND
PRESCRIPTION HEARING AIDS MAY BE PURCHASED FROM, THE LICENSED
AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";

(ii) failed to give a copy of the audiogram, upon which the prescription is based, to the
consumer when the consumer requests a copy;

(iii) failed to provide the consumer rights brochure required by section 148.5197,
subdivision 3;

(iv) failed to comply with restrictions on sales of prescription hearing aids in sections
148.5197, subdivision 3, and 148.5198;

(v) failed to return a consumer's prescription hearing aid used as a trade-in or for a
discount in the price of a new prescription hearing aid when requested by the consumer
upon cancellation of the purchase agreement;

(vi) failed to follow Food and Drug Administration or Federal Trade Commission
regulations relating to dispensing prescription hearing aids;

(vii) failed to dispense a prescription hearing aid in a competent manner or without
appropriate training;

(viii) delegated prescription hearing aid dispensing authority to a person not authorized
to dispense a prescription hearing aid under this chapter or chapter 153A;

(ix) failed to comply with the requirements of an employer or supervisor of a prescription
hearing aid dispenser trainee;

(x) violated a state or federal court order or judgment, including a conciliation court
judgment, relating to the activities of the individual's prescription hearing aid dispensing;
or

(xi) failed to include on the audiogram the practitioner's printed name, credential type,
credential number, signature, and date.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2022, section 148.5195, subdivision 5, is amended to read:

Subd. 5.

Consequences of disciplinary actions.

Upon the suspension or revocation of
licensure, the speech-language pathologist or audiologistnew text begin , or speech-language pathology
assistant,new text end shall cease to practice speech-language pathology or audiologynew text begin , or practice as a
speech-language pathology assistantnew text end , to use titles protected under sections 148.511 to
148.5198, and to represent to the public that the speech-language pathologist or audiologistnew text begin ,
or speech-language pathology assistant,new text end is licensed by the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2022, section 148.5195, subdivision 6, is amended to read:

Subd. 6.

Reinstatement requirements after disciplinary action.

A speech-language
pathologist or audiologistnew text begin , or speech-language pathology assistant,new text end who has had licensure
suspended may petition on forms provided by the commissioner for reinstatement following
the period of suspension specified by the commissioner. The requirements of section
148.5191 for renewing licensure must be met before licensure may be reinstated.

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Minnesota Statutes 2023 Supplement, section 148.5196, subdivision 1, is amended
to read:

Subdivision 1.

Membership.

The commissioner shall appoint deleted text begin 12deleted text end new text begin 13new text end persons to a
Speech-Language Pathologist and Audiologist Advisory Council. The deleted text begin 12deleted text end new text begin 13new text end persons must
include:

(1) three public members, as defined in section 214.02. Two of the public members shall
be either persons receiving services of a speech-language pathologist or audiologist, or
family members of or caregivers to such persons, and at least one of the public members
shall be either a hearing aid user or an advocate of one;

(2) three speech-language pathologists licensed under sections 148.511 to 148.5198,
one of whom is currently and has been, for the five years immediately preceding the
appointment, engaged in the practice of speech-language pathology in Minnesota and each
of whom is employed in a different employment setting including, but not limited to, private
practice, hospitals, rehabilitation settings, educational settings, and government agencies;

(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who
is currently and has been, for the five years immediately preceding the appointment,
employed by a Minnesota public school district or a Minnesota public school district
consortium that is authorized by Minnesota Statutes and who is licensed in speech-language
pathology by the Professional Educator Licensing and Standards Board;

(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are
currently and have been, for the five years immediately preceding the appointment, engaged
in the practice of audiology and the dispensing of prescription hearing aids in Minnesota
and each of whom is employed in a different employment setting including, but not limited
to, private practice, hospitals, rehabilitation settings, educational settings, industry, and
government agencies;

(5) one nonaudiologist prescription hearing aid dispenser recommended by a professional
association representing prescription hearing aid dispensers; deleted text begin and
deleted text end

(6) one physician licensed under chapter 147 and certified by the American Board of
Otolaryngology, Head and Neck Surgerynew text begin ; and
new text end

new text begin (7) one speech-language pathology assistant licensed under sections 148.511 to 148.5198new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

Minnesota Statutes 2022, section 148.5196, subdivision 3, is amended to read:

Subd. 3.

Duties.

The advisory council shall:

(1) advise the commissioner regarding speech-language pathologist and audiologist
licensure standards;

(2) advise the commissioner regarding the delegation of duties tonew text begin , the licensure standards
for,new text end and the training required for speech-language pathology assistants;

(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;

(4) provide for distribution of information regarding speech-language pathologist deleted text begin anddeleted text end new text begin ,new text end
audiologistnew text begin , and speech-language pathology assistantnew text end licensure standards;

(5) review applications and make recommendations to the commissioner on granting or
denying licensure or licensure renewal;

(6) review reports of investigations relating to individuals and make recommendations
to the commissioner as to whether licensure should be denied or disciplinary action taken
against the individual;

(7) advise the commissioner regarding approval of continuing education activities
provided by sponsors using the criteria in section 148.5193, subdivision 2; and

(8) perform other duties authorized for advisory councils under chapter 214, or as directed
by the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

Minnesota Statutes 2023 Supplement, section 245C.031, subdivision 4, is amended
to read:

Subd. 4.

Applicants, licensees, and other occupations regulated by the commissioner
of health.

The commissioner shall conduct an alternative background study, including a
check of state data, and a national criminal history records check of the following individuals.
For studies under this section, the following persons shall complete a consent form and
criminal history disclosure form:

(1) An applicant for initial licensure, temporary licensure, or relicensure after a lapse in
licensure as an audiologist deleted text begin ordeleted text end new text begin ,new text end speech-language pathologistnew text begin , or speech-language pathologist
assistant,new text end or an applicant for initial certification as a hearing instrument dispenser who must
submit to a background study under section 144.0572.

(2) An applicant for a renewal license or certificate as an audiologist, speech-language
pathologist, or hearing instrument dispenser who was licensed or obtained a certificate
before January 1, 2018.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 13

APPROPRIATION

Section 1. new text begin APPROPRIATION.
new text end

new text begin $....... 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.
new text end

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Statutes: S4570-2

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.

147B.01 DEFINITIONS.

Subd. 18.

Oriental medicine.

"Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain.

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.

SF 4570

Bill Text Versions

Current Version - 2nd Engrossment

ARTICLE 1

TRANSFER CARE SPECIALISTS

Section 1.

Subd. 3.

Exceptions to licensure.

Sec. 2.

Subd. 13a.

Direct supervision.

Sec. 3.

new text begin Subd. 37d. new text end

new text begin Transfer care specialist. new text end

Sec. 4.

149A.03 DUTIES OF COMMISSIONER.

Sec. 5.

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

Subdivision 1.

Denial; refusal to renew; revocation; and suspension.

Subd. 2.

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

Subd. 3.

Review of final order.

Subd. 4.

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

Subd. 5.

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

Sec. 6.

149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.

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 Subd. 2. new text end

new text begin Registration. new text end

new text begin Subd. 3. new text end

new text begin Duties. 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 Subd. 5. new text end

new text begin Renewal. new text end

Sec. 8.

149A.60 PROHIBITED CONDUCT.

Sec. 9.

Subd. 4.

Licensees deleted text begin anddeleted text end new text begin ,new text end internsnew text begin , and transfer care specialistsnew text end .

Sec. 10.

Subd. 5.

Courts.

Sec. 11.

149A.62 IMMUNITY; REPORTING.

Sec. 12.

149A.63 PROFESSIONAL COOPERATION.

Sec. 13.

Subd. 2.

Mortuary science fees.

Sec. 14.

Subd. 3.

Advertising.

Sec. 15.

Subd. 4.

Solicitation of business.

Sec. 16.

Subd. 5.

Reimbursement prohibited.

Sec. 17.

Subd. 7.

Unprofessional conduct.

Sec. 18.

Subd. 2.

Removal from place of death.

Sec. 19.

Subd. 4.

Certificate of removal.

Sec. 20.

Subd. 5.

Retention of certificate of removal.

ARTICLE 2

BEHAVIOR ANALYST LICENSURE

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

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

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

new text begin [148.9981] DEFINITIONS.
new text end

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

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

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

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

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

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

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