1.1 A bill for an act
1.2 relating to health; modifying requirements for various
1.3 public health occupations; prescribing authority of
1.4 speech-language pathology assistants; modifying
1.5 requirements for physician assistants, acupuncture
1.6 practitioners, licensed professional counselors,
1.7 alcohol and drug counselors, dentists, dental
1.8 hygienists, dental assistants, and podiatrists;
1.9 modifying provisions for designating essential
1.10 community providers; modifying certain immunization
1.11 provisions; appropriating money; amending Minnesota
1.12 Statutes 2002, sections 12.03, subdivision 4d; 12.39,
1.13 subdivision 2; 144.419, subdivision 1; 144.4195,
1.14 subdivisions 1, 2, 3, 5; 147A.02; 147A.20; 147B.01, by
1.15 adding a subdivision; 147B.06, subdivision 4; 148.211,
1.16 subdivision 1; 148.284; 148.512, subdivisions 9, 19,
1.17 by adding a subdivision; 148.6402, by adding a
1.18 subdivision; 148.6403, subdivision 5; 148.6405;
1.19 148.6428; 148.6443, subdivisions 1, 5; 150A.06, as
1.20 amended; 150A.08, subdivision 1; 150A.09, subdivision
1.21 4; 153.01, subdivision 2; 153.16, subdivisions 1, 2;
1.22 153.19, subdivision 1; 153.24, subdivision 4; 153.25,
1.23 subdivision 1; 192.502; Minnesota Statutes 2003
1.24 Supplement, sections 13.37, subdivision 3; 62Q.19,
1.25 subdivision 2; 121A.15, subdivisions 3a, 12; 147A.09,
1.26 subdivision 2; 148.212, subdivision 1; 148.511;
1.27 148.512, subdivisions 12, 13; 148.513, subdivisions 1,
1.28 2; 148.5161, subdivisions 1, 4, 6; 148.5175; 148.518;
1.29 148.5193, subdivisions 1, 6a; 148.5195, subdivision 3;
1.30 148.5196, subdivision 3; 148B.52; 148B.53,
1.31 subdivisions 1, 3; 148B.54; 148B.55; 148B.59; 148C.04,
1.32 subdivision 6; 148C.075, subdivision 2, by adding a
1.33 subdivision; 148C.11, subdivision 6, by adding a
1.34 subdivision; 148C.12, subdivisions 2, 3; proposing
1.35 coding for new law in Minnesota Statutes, chapters 12;
1.36 144; 148; 148B; 197; repealing Minnesota Statutes
1.37 2002, sections 147B.02, subdivision 5; Laws 2002,
1.38 chapter 402, section 21; Minnesota Rules, parts
1.39 6900.0020, subparts 3, 3a, 9, 10; 6900.0400.
1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.41 ARTICLE 1
1.42 DEPARTMENT OF HEALTH LICENSING
2.1 Section 1. Minnesota Statutes 2003 Supplement, section
2.2 148.511, is amended to read:
2.3 148.511 [SCOPE.]
2.4 Sections 148.511 to 148.5196 apply to persons who are
2.5 applicants for licensure, who use protected titles, who
2.6 represent that they are licensed, or who engage in the practice
2.7 of speech-language pathology or audiology. Sections 148.511 to
2.8 148.5196 do not apply to school personnel licensed by the Board
2.9 of Teaching and practicing within the scope of their school
2.10 license under Minnesota Rules, part 8710.6000, or the
2.11 paraprofessionals who assist these individuals.
2.12 Sec. 2. Minnesota Statutes 2002, section 148.512,
2.13 subdivision 9, is amended to read:
2.14 Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is
2.15 a planned learning experience in speech-language pathology or
2.16 audiology not including the basic educational program leading to
2.17 a degree if the education is used by the registrant licensee for
2.18 credit to achieve a baccalaureate or master's degree in
2.19 speech-language pathology or audiology.
2.20 Sec. 3. Minnesota Statutes 2003 Supplement, section
2.21 148.512, subdivision 12, is amended to read:
2.22 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of
2.23 audiology" means:
2.24 (1) identification, assessment, and interpretation,
2.25 diagnosis, rehabilitation, and prevention of hearing disorders;
2.26 (2) conservation of the auditory system function;
2.27 development and implementation of hearing conservation programs;
2.28 (3) measurement, assessment, and interpretation of auditory
2.29 and vestibular function;
2.30 (4) selecting, fitting, and dispensing of assistive
2.31 listening devices, alerting and amplification devices, and
2.32 systems for personal and public use, including hearing aids and
2.33 devices, and providing training in their use;
2.34 (5) aural habilitation and rehabilitation and related
2.35 counseling for hearing impaired individuals and their families;
2.36 (6) screening of speech, language, voice, or fluency for
3.1 the purposes of audiologic evaluation or identification of
3.2 possible communication disorders; or
3.3 (7) teaching of, consultation or research about, or
3.4 supervision of the functions in clauses (1) to (6).
3.5 The practice of audiology does not include the practice of
3.6 medicine and surgery, or osteopathic medicine and surgery, or
3.7 medical diagnosis that is commonly performed by a physician.
3.8 Sec. 4. Minnesota Statutes 2003 Supplement, section
3.9 148.512, subdivision 13, is amended to read:
3.10 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The
3.11 "practice of speech-language pathology" means:
3.12 (1) identification, assessment, and interpretation,
3.13 diagnosis, habilitation, rehabilitation, treatment and
3.14 prevention of disorders of speech, articulation, fluency, voice,
3.15 and language;
3.16 (2) identification, assessment, and interpretation,
3.17 diagnosis, habilitation, and rehabilitation of disorders of
3.18 oral-pharyngeal function and related disorders;
3.19 (3) identification, assessment, and interpretation,
3.20 diagnosis, habilitation, and rehabilitation of communication
3.21 disorders associated with cognition;
3.22 (4) assessing, selecting, and developing augmentative and
3.23 alternative communication systems and providing training in
3.24 their use;
3.25 (5) aural habilitation and rehabilitation and related
3.26 counseling for hearing impaired individuals and their families;
3.27 (6) enhancing speech-language proficiency and communication
3.28 effectiveness;
3.29 (7) audiometric screening for the purposes of
3.30 speech-language evaluation or for the identification of possible
3.31 hearing disorders; or
3.32 (8) teaching of, consultation or research about, or
3.33 supervision of the functions in clauses (1) to (7).
3.34 The practice of speech-language pathology does not include
3.35 the practice of medicine and surgery, or osteopathic medicine
3.36 and surgery, or medical diagnosis that is commonly performed by
4.1 a physician.
4.2 Sec. 5. Minnesota Statutes 2002, section 148.512, is
4.3 amended by adding a subdivision to read:
4.4 Subd. 17a. [SPEECH-LANGUAGE PATHOLOGY
4.5 ASSISTANT.] "Speech-language pathology assistant" means a person
4.6 who provides speech-language pathology services under the
4.7 supervision of a licensed speech-language pathologist in
4.8 accordance with section 148.5192.
4.9 Sec. 6. Minnesota Statutes 2002, section 148.512,
4.10 subdivision 19, is amended to read:
4.11 Subd. 19. [SUPERVISION.] "Supervision" means the direct or
4.12 indirect evaluation or direction of:
4.13 (1) a practitioner of speech-language pathology or
4.14 audiology;
4.15 (2) a person performing a function of supervised clinical
4.16 training as a student of speech-language pathology or audiology;
4.17 or
4.18 (3) a person performing a function of supervised
4.19 postgraduate clinical experience in speech-language pathology or
4.20 audiology; or
4.21 (4) a speech-language pathology assistant in accordance
4.22 with section 148.5192.
4.23 Sec. 7. Minnesota Statutes 2003 Supplement, section
4.24 148.513, subdivision 1, is amended to read:
4.25 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person
4.26 must not engage in the practice of speech-language pathology or
4.27 audiology unless the person is licensed as a speech-language
4.28 pathologist or an audiologist under sections 148.511 to 148.5196
4.29 or is practicing as a speech-language pathology assistant in
4.30 accordance with section 148.5192. For purposes of this
4.31 subdivision, a speech-language pathology assistant's duties are
4.32 limited to the duties described in accordance with section
4.33 148.5192, subdivision 2.
4.34 Sec. 8. Minnesota Statutes 2003 Supplement, section
4.35 148.513, subdivision 2, is amended to read:
4.36 Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a)
5.1 Notwithstanding paragraph (b), the use of the following terms or
5.2 initials which represent the following terms, alone or in
5.3 combination with any word or words, by any person to form an
5.4 occupational title is prohibited unless that person is licensed
5.5 under sections 148.511 to 148.5196:
5.6 (1) speech-language;
5.7 (2) speech-language pathologist, S, SP, or SLP;
5.8 (3) speech pathologist;
5.9 (4) language pathologist;
5.10 (5) audiologist, A, or AUD;
5.11 (6) speech therapist;
5.12 (7) speech clinician;
5.13 (8) speech correctionist;
5.14 (9) language therapist;
5.15 (10) voice therapist;
5.16 (11) voice pathologist;
5.17 (12) logopedist;
5.18 (13) communicologist;
5.19 (14) aphasiologist;
5.20 (15) phoniatrist;
5.21 (16) audiometrist;
5.22 (17) audioprosthologist;
5.23 (18) hearing therapist;
5.24 (19) hearing clinician; or
5.25 (20) hearing aid audiologist.
5.26 Use of the term "Minnesota licensed" in conjunction with
5.27 the titles protected under this section paragraph by any person
5.28 is prohibited unless that person is licensed under sections
5.29 148.511 to 148.5196.
5.30 (b) A speech-language pathology assistant practicing under
5.31 section 148.5192 must not represent, indicate, or imply to the
5.32 public that the assistant is a licensed speech-language
5.33 pathologist and shall only utilize one of the following titles:
5.34 "speech-language pathology assistant," "SLP assistant," or "SLP
5.35 asst."
5.36 Sec. 9. Minnesota Statutes 2003 Supplement, section
6.1 148.5161, subdivision 1, is amended to read:
6.2 Subdivision 1. [APPLICATION.] Clinical fellowship and
6.3 doctoral externship candidates must be licensed with a clinical
6.4 fellowship or doctoral externship license. The commissioner
6.5 shall issue clinical fellowship licensure or doctoral externship
6.6 licensure as a speech-language pathologist or audiologist to an
6.7 applicant who has applied for licensure under section 148.515,
6.8 who is not the subject of a disciplinary action or past
6.9 disciplinary action, and who has not violated a provision of
6.10 section 148.5195, subdivision 3.
6.11 Sec. 10. Minnesota Statutes 2003 Supplement, section
6.12 148.5161, subdivision 4, is amended to read:
6.13 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral
6.14 candidates in audiology completing their final externship as
6.15 part of their training program are eligible to receive a
6.16 provisional doctoral externship license in audiology and are not
6.17 required to complete the postgraduate clinical fellowship year.
6.18 Sec. 11. Minnesota Statutes 2003 Supplement, section
6.19 148.5161, subdivision 6, is amended to read:
6.20 Subd. 6. [TITLE USED.] A licensee with a clinical
6.21 fellowship or doctoral externship shall be identified by one of
6.22 the protected titles and a designation indicating clinical
6.23 fellowship status or doctoral externship status.
6.24 Sec. 12. Minnesota Statutes 2003 Supplement, section
6.25 148.5175, is amended to read:
6.26 148.5175 [TEMPORARY LICENSURE.]
6.27 (a) The commissioner shall issue temporary licensure as a
6.28 speech-language pathologist, an audiologist, or both, to an
6.29 applicant who has applied for licensure under section 148.515,
6.30 148.516, 148.517, or 148.518, subdivisions 1 and 2, and who:
6.31 (1) submits a signed and dated affidavit stating that the
6.32 applicant is not the subject of a disciplinary action or past
6.33 disciplinary action in this or another jurisdiction and is not
6.34 disqualified on the basis of section 148.5195, subdivision 3;
6.35 and
6.36 (2) either:
7.1 (i) provides a copy of a current credential as a
7.2 speech-language pathologist, an audiologist, or both, held in
7.3 the District of Columbia or a state or territory of the United
7.4 States; or
7.5 (ii) provides a copy of a current certificate of clinical
7.6 competence issued by the American Speech-Language-Hearing
7.7 Association or board certification in audiology by the American
7.8 Board of Audiology.
7.9 (b) A temporary license issued to a person under this
7.10 subdivision expires 90 days after it is issued or on the date
7.11 the commissioner grants or denies licensure, whichever occurs
7.12 first.
7.13 (c) Upon application, a temporary license shall be renewed
7.14 once to a person who is able to demonstrate good cause for
7.15 failure to meet the requirements for licensure within the
7.16 initial temporary licensure period and who is not the subject of
7.17 a disciplinary action or disqualified on the basis of section
7.18 148.5195, subdivision 3.
7.19 Sec. 13. Minnesota Statutes 2003 Supplement, section
7.20 148.518, is amended to read:
7.21 148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.]
7.22 For an applicant whose licensure status has lapsed, the
7.23 applicant must:
7.24 (1) apply for licensure renewal according to section
7.25 148.5191 and document compliance with the continuing education
7.26 requirements of section 148.5193 since the applicant's license
7.27 lapsed;
7.28 (2) fulfill the requirements of section 148.517; or
7.29 (3) apply for renewal according to section 148.5191,
7.30 provide evidence to the commissioner that the applicant holds a
7.31 current and unrestricted credential for the practice of
7.32 speech-language pathology from the Minnesota Board of Teaching
7.33 or for the practice of speech-language pathology or audiology in
7.34 another jurisdiction that has requirements equivalent to or
7.35 higher than those in effect for Minnesota, and provide evidence
7.36 of compliance with Minnesota Board of Teaching or that
8.1 jurisdiction's continuing education requirements; or
8.2 (4) apply for renewal according to section 148.5191 and
8.3 submit verified documentation of successful completion of 160
8.4 hours of supervised practice approved by the commissioner. To
8.5 participate in a supervised practice, the applicant shall first
8.6 apply and obtain temporary licensing according to section
8.7 148.5161.
8.8 Sec. 14. [148.5192] [SPEECH-LANGUAGE PATHOLOGY
8.9 ASSISTANTS.]
8.10 Subdivision 1. [DELEGATION REQUIREMENTS.] A licensed
8.11 speech-language pathologist may delegate duties to a
8.12 speech-language pathology assistant in accordance with this
8.13 section. Duties may only be delegated to an individual who has
8.14 documented with a transcript from the educational institution
8.15 satisfactory completion of either:
8.16 (1) an associate degree from a speech-language pathology
8.17 assistant program that is accredited by the Higher Learning
8.18 Commission of the North Central Association of Colleges or its
8.19 equivalent as approved by the commissioner; or
8.20 (2) a bachelor's degree in the discipline of communication
8.21 sciences or disorders with additional transcript credit in the
8.22 area of instruction in assistant-level service delivery
8.23 practices and completion of at least 100 hours of supervised
8.24 field work experience as a speech-language pathology assistant
8.25 student.
8.26 Subd. 2. [DELEGATED DUTIES; PROHIBITIONS.] (a) A
8.27 speech-language pathology assistant may perform only those
8.28 duties delegated by a licensed speech-language pathologist and
8.29 must be limited to duties within the training and experience of
8.30 the speech-language pathology assistant.
8.31 (b) Duties may include the following as delegated by the
8.32 supervising speech-language pathologist:
8.33 (1) assist with speech language and hearing screenings;
8.34 (2) implement documented treatment plans or protocols
8.35 developed by the supervising speech-language pathologist;
8.36 (3) document client performance;
9.1 (4) assist with assessments of clients;
9.2 (5) assist with preparing materials and scheduling
9.3 activities as directed;
9.4 (6) perform checks and maintenance of equipment;
9.5 (7) support the supervising speech-language pathologist in
9.6 research projects, in-service training, and public relations
9.7 programs; and
9.8 (8) collect data for quality improvement.
9.9 (c) A speech-language pathology assistant may not:
9.10 (1) perform standardized or nonstandardized diagnostic
9.11 tests, perform formal or informal evaluations, or interpret test
9.12 results;
9.13 (2) screen or diagnose clients for feeding or swallowing
9.14 disorders, including using a checklist or tabulating results of
9.15 feeding or swallowing evaluations, or demonstrate swallowing
9.16 strategies or precautions to clients or the clients' families;
9.17 (3) participate in parent conferences, case conferences, or
9.18 any interdisciplinary team without the presence of the
9.19 supervising speech-language pathologist or other licensed
9.20 speech-language pathologist as authorized by the supervising
9.21 speech-language pathologist;
9.22 (4) provide client or family counseling or consult with the
9.23 client or the family regarding the client status or service;
9.24 (5) write, develop, or modify a client's individualized
9.25 treatment plan or individualized education program;
9.26 (6) select clients for service;
9.27 (7) discharge clients from service;
9.28 (8) disclose clinical or confidential information either
9.29 orally or in writing to anyone other than the supervising
9.30 speech-language pathologist; or
9.31 (9) make referrals for additional services.
9.32 (d) A speech-language pathology assistant must not sign any
9.33 formal documents, including treatment plans, education plans,
9.34 reimbursement forms, or reports. The speech-language pathology
9.35 assistant must sign or initial all treatment notes written by
9.36 the assistant.
10.1 Subd. 3. [SUPERVISION REQUIREMENTS.] (a) A supervising
10.2 speech-language pathologist shall authorize and accept full
10.3 responsibility for the performance, practice, and activity of a
10.4 speech-language pathology assistant.
10.5 (b) A supervising speech-language pathologist must:
10.6 (1) be licensed under sections 148.511 to 148.5196;
10.7 (2) hold a certificate of clinical competence from the
10.8 American Speech-Language-Hearing Association or its equivalent
10.9 as approved by the commissioner; and
10.10 (3) have completed at least one continuing education unit
10.11 in supervision.
10.12 (c) The supervision of a speech-language pathology
10.13 assistant shall be maintained on the following schedule:
10.14 (1) for the first 90 work days, within a 40-hour work week,
10.15 30 percent of the work performed by the speech-language
10.16 pathology assistant must be supervised and at least 20 percent
10.17 of the work performed must be under direct supervision; and
10.18 (2) for the work period after the initial 90-day period,
10.19 within a 40-hour work week, 20 percent of the work performed
10.20 must be supervised and at least ten percent of the work
10.21 performed must be under direct supervision.
10.22 (d) For purposes of this section, "direct supervision"
10.23 means on-site, in-view observation and guidance by the
10.24 supervising speech-language pathologist during the performance
10.25 of a delegated duty. The supervision requirements described in
10.26 this section are minimum requirements. Additional supervision
10.27 requirements may be imposed at the discretion of the supervising
10.28 speech-language pathologist.
10.29 (e) A supervising speech-language pathologist must be
10.30 available to communicate with a speech-language pathology
10.31 assistant at any time the assistant is in direct contact with a
10.32 client.
10.33 (f) A supervising speech-language pathologist must document
10.34 activities performed by the assistant that are directly
10.35 supervised by the supervising speech-language pathologist. At a
10.36 minimum, the documentation must include:
11.1 (1) information regarding the quality of the
11.2 speech-language pathology assistant's performance of the
11.3 delegated duties; and
11.4 (2) verification that any delegated clinical activity was
11.5 limited to duties authorized to be performed by the
11.6 speech-language pathology assistant under this section.
11.7 (g) A supervising speech-language pathologist must review
11.8 and cosign all informal treatment notes signed or initialed by
11.9 the speech-language pathology assistant.
11.10 (h) A full-time speech-language pathologist may supervise
11.11 no more than one full-time speech-language pathology assistant
11.12 or the equivalent of one full-time assistant.
11.13 Subd. 4. [NOTIFICATION.] Any agency that intends to
11.14 utilize the services of a speech-language pathology assistant
11.15 must provide written notification to the client or, if the
11.16 client is younger than 18 years old, to the client's parent or
11.17 guardian before a speech-language pathology assistant may
11.18 perform any of the duties described in this section.
11.19 Sec. 15. Minnesota Statutes 2003 Supplement, section
11.20 148.5193, subdivision 1, is amended to read:
11.21 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An
11.22 applicant for licensure renewal must meet the requirements for
11.23 continuing education stipulated by the American
11.24 Speech-Language-Hearing Association or the American Board of
11.25 Audiology, or satisfy the requirements described in paragraphs
11.26 (b) to (e).
11.27 (b) Within one month following expiration of a license, an
11.28 applicant for licensure renewal as either a speech-language
11.29 pathologist or an audiologist must provide evidence to the
11.30 commissioner of a minimum of 30 contact hours of continuing
11.31 education offered by a continuing education sponsor obtained
11.32 within the two years immediately preceding licensure renewal
11.33 expiration. A minimum of 20 contact hours of continuing
11.34 education must be directly related to the licensee's area of
11.35 licensure. Ten contact hours of continuing education may be in
11.36 areas generally related to the licensee's area of licensure.
12.1 Licensees who are issued licenses for a period of less than two
12.2 years shall prorate the number of contact hours required for
12.3 licensure renewal based on the number of months licensed during
12.4 the biennial licensure period. Licensees shall receive contact
12.5 hours for continuing education activities only for the biennial
12.6 licensure period in which the continuing education activity was
12.7 performed.
12.8 (c) An applicant for licensure renewal as both a
12.9 speech-language pathologist and an audiologist must attest to
12.10 and document completion of a minimum of 36 contact hours of
12.11 continuing education offered by a continuing education sponsor
12.12 within the two years immediately preceding licensure renewal. A
12.13 minimum of 15 contact hours must be received in the area of
12.14 speech-language pathology and a minimum of 15 contact hours must
12.15 be received in the area of audiology. Six contact hours of
12.16 continuing education may be in areas generally related to the
12.17 licensee's areas of licensure. Licensees who are issued
12.18 licenses for a period of less than two years shall prorate the
12.19 number of contact hours required for licensure renewal based on
12.20 the number of months licensed during the biennial licensure
12.21 period. Licensees shall receive contact hours for continuing
12.22 education activities only for the biennial licensure period in
12.23 which the continuing education activity was performed.
12.24 (d) If the licensee is licensed by the Board of Teaching:
12.25 (1) activities that are approved in the categories of
12.26 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and
12.27 that relate to speech-language pathology, shall be considered:
12.28 (i) offered by a sponsor of continuing education; and
12.29 (ii) directly related to speech-language pathology;
12.30 (2) activities that are approved in the categories of
12.31 Minnesota Rules, part 8700.1000, subpart 3, shall be considered:
12.32 (i) offered by a sponsor of continuing education; and
12.33 (ii) generally related to speech-language pathology; and
12.34 (3) one clock hour as defined in Minnesota Rules, part
12.35 8700.1000, subpart 1, is equivalent to 1.0 contact hours of
12.36 continuing education.
13.1 (e) Contact hours cannot may not be accumulated in advance
13.2 and transferred to a future continuing education period.
13.3 Sec. 16. Minnesota Statutes 2003 Supplement, section
13.4 148.5193, subdivision 6a, is amended to read:
13.5 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for
13.6 licensure renewal must submit verification of attendance as
13.7 follows:
13.8 (1) a certificate of attendance from the sponsor with the
13.9 continuing education course name, course date, and licensee's
13.10 name. If a certificate of attendance is not available, the
13.11 commissioner may accept other evidence of attendance such as a
13.12 confirmation or statement of registration for regional or
13.13 national annual conferences or conventions of professional
13.14 associations, a copy of the continuing education courses
13.15 indicating those attended, and an affidavit of attendance;
13.16 (2) a copy of a record of attendance from the sponsor of
13.17 the continuing education course;
13.18 (3) a signature of the presenter or a designee at the
13.19 continuing education activity on the continuing education report
13.20 form;
13.21 (4) a summary or outline of the educational content of an
13.22 audio or video educational activity if a designee is not
13.23 available to sign the continuing education report form;
13.24 (5) for self-study programs, a certificate of completion or
13.25 other documentation indicating that the individual has
13.26 demonstrated knowledge and has successfully completed the
13.27 program; or
13.28 (6) for attendance at a university, college, or vocational
13.29 course, an official transcript.
13.30 Sec. 17. Minnesota Statutes 2003 Supplement, section
13.31 148.5195, subdivision 3, is amended to read:
13.32 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY
13.33 COMMISSIONER.] The commissioner may take any of the disciplinary
13.34 actions listed in subdivision 4 on proof that the individual has:
13.35 (1) intentionally submitted false or misleading information
13.36 to the commissioner or the advisory council;
14.1 (2) failed, within 30 days, to provide information in
14.2 response to a written request, via certified mail, by the
14.3 commissioner or advisory council;
14.4 (3) performed services of a speech-language pathologist or
14.5 audiologist in an incompetent or negligent manner;
14.6 (4) violated sections 148.511 to 148.5196;
14.7 (5) failed to perform services with reasonable judgment,
14.8 skill, or safety due to the use of alcohol or drugs, or other
14.9 physical or mental impairment;
14.10 (6) violated any state or federal law, rule, or regulation,
14.11 and the violation is a felony or misdemeanor, an essential
14.12 element of which is dishonesty, or which relates directly or
14.13 indirectly to the practice of speech-language pathology or
14.14 audiology. Conviction for violating any state or federal law
14.15 which relates to speech-language pathology or audiology is
14.16 necessarily considered to constitute a violation, except as
14.17 provided in chapter 364;
14.18 (7) aided or abetted another person in violating any
14.19 provision of sections 148.511 to 148.5196;
14.20 (8) been or is being disciplined by another jurisdiction,
14.21 if any of the grounds for the discipline is the same or
14.22 substantially equivalent to those under sections 148.511 to
14.23 148.5196;
14.24 (9) not cooperated with the commissioner or advisory
14.25 council in an investigation conducted according to subdivision
14.26 1;
14.27 (10) advertised in a manner that is false or misleading;
14.28 (11) engaged in conduct likely to deceive, defraud, or harm
14.29 the public; or demonstrated a willful or careless disregard for
14.30 the health, welfare, or safety of a client;
14.31 (12) failed to disclose to the consumer any fee splitting
14.32 or any promise to pay a portion of a fee to any other
14.33 professional other than a fee for services rendered by the other
14.34 professional to the client;
14.35 (13) engaged in abusive or fraudulent billing practices,
14.36 including violations of federal Medicare and Medicaid laws, Food
15.1 and Drug Administration regulations, or state medical assistance
15.2 laws;
15.3 (14) obtained money, property, or services from a consumer
15.4 through the use of undue influence, high pressure sales tactics,
15.5 harassment, duress, deception, or fraud;
15.6 (15) performed services for a client who had no possibility
15.7 of benefiting from the services;
15.8 (16) failed to refer a client for medical evaluation or to
15.9 other health care professionals when appropriate or when a
15.10 client indicated symptoms associated with diseases that could be
15.11 medically or surgically treated;
15.12 (17) if the individual is a dispenser of hearing
15.13 instruments as defined by section 153A.13, subdivision 5, had
15.14 the certification required by chapter 153A, denied, suspended,
15.15 or revoked according to chapter 153A; or
15.16 (18) used the term doctor of audiology, doctor of
15.17 speech-language pathology, AuD, or SLPD without having obtained
15.18 the degree from an institution accredited by the North Central
15.19 Association of Colleges and Secondary Schools, the Council on
15.20 Academic Accreditation in Audiology and Speech-Language
15.21 Pathology, the United States Department of Education, or an
15.22 equivalent; or
15.23 (19) failed to comply with the requirements of section
15.24 148.5192 regarding supervision of speech-language pathology
15.25 assistants.
15.26 Sec. 18. Minnesota Statutes 2003 Supplement, section
15.27 148.5196, subdivision 3, is amended to read:
15.28 Subd. 3. [DUTIES.] The advisory council shall:
15.29 (1) advise the commissioner regarding speech-language
15.30 pathologist and audiologist licensure standards;
15.31 (2) advise the commissioner regarding the delegation of
15.32 duties to and the training required for speech-language
15.33 pathology assistants;
15.34 (3) advise the commissioner on enforcement of sections
15.35 148.511 to 148.5196;
15.36 (3) (4) provide for distribution of information regarding
16.1 speech-language pathologist and audiologist licensure standards;
16.2 (4) (5) review applications and make recommendations to the
16.3 commissioner on granting or denying licensure or licensure
16.4 renewal;
16.5 (5) (6) review reports of investigations relating to
16.6 individuals and make recommendations to the commissioner as to
16.7 whether licensure should be denied or disciplinary action taken
16.8 against the individual;
16.9 (6) (7) advise the commissioner regarding approval of
16.10 continuing education activities provided by sponsors using the
16.11 criteria in section 148.5193, subdivision 2; and
16.12 (7) (8) perform other duties authorized for advisory
16.13 councils under chapter 214, or as directed by the commissioner.
16.14 Sec. 19. Minnesota Statutes 2002, section 148.6402, is
16.15 amended by adding a subdivision to read:
16.16 Subd. 22a. [LIMITED LICENSE.] "Limited license" means a
16.17 license issued according to section 148.6425, subdivision 3,
16.18 paragraph (c), to persons who have allowed their license to
16.19 lapse for four years or more and who choose a supervised
16.20 practice as the method for renewing their license status.
16.21 Sec. 20. Minnesota Statutes 2002, section 148.6403,
16.22 subdivision 5, is amended to read:
16.23 Subd. 5. [EXEMPT PERSONS.] This section does not apply to:
16.24 (1) a person employed as an occupational therapist or
16.25 occupational therapy assistant by the government of the United
16.26 States or any agency of it. However, use of the protected
16.27 titles under those circumstances is allowed only in connection
16.28 with performance of official duties for the federal government;
16.29 (2) a student participating in supervised fieldwork or
16.30 supervised coursework that is necessary to meet the requirements
16.31 of section 148.6408, subdivision 1, or 148.6410, subdivision 1,
16.32 if the person is designated by a title which clearly indicates
16.33 the person's status as a student trainee. Any use of the
16.34 protected titles under these circumstances is allowed only while
16.35 the person is performing the duties of the supervised fieldwork
16.36 or supervised coursework; or
17.1 (3) a person visiting and then leaving the state and
17.2 performing occupational therapy services while in the state, if
17.3 the services are performed no more than 30 days in a calendar
17.4 year as part of a professional activity that is limited in scope
17.5 and duration and is in association with an occupational
17.6 therapist licensed under sections 148.6401 to 148.6450, and
17.7 (i) the person is credentialed under the law of another
17.8 state which has credentialing requirements at least as stringent
17.9 as the requirements of sections 148.6401 to 148.6450; or
17.10 (ii) the person meets the requirements for certification as
17.11 an occupational therapist registered (OTR) or a certified
17.12 occupational therapy assistant (COTA), established by the
17.13 National Board for Certification in Occupational Therapy.
17.14 Sec. 21. Minnesota Statutes 2002, section 148.6405, is
17.15 amended to read:
17.16 148.6405 [LICENSURE APPLICATION REQUIREMENTS;: PROCEDURES
17.17 AND QUALIFICATIONS.]
17.18 (a) An applicant for licensure must comply with the general
17.19 licensure procedures application requirements in section
17.20 148.6420. To qualify for licensure, an applicant must satisfy
17.21 one of the requirements in paragraphs (b) to (f) and not be
17.22 subject to denial of licensure under section 148.6448.
17.23 (b) A person who applies for licensure as an occupational
17.24 therapist and who has not been credentialed by the National
17.25 Board for Certification in Occupational Therapy or another
17.26 jurisdiction must meet the requirements in section 148.6408.
17.27 (c) A person who applies for licensure as an occupational
17.28 therapy assistant and who has not been credentialed by the
17.29 National Board for Certification in Occupational Therapy or
17.30 another jurisdiction must meet the requirements in section
17.31 148.6410.
17.32 (d) A person who is certified by the National Board for
17.33 Certification in Occupational Therapy may apply for licensure by
17.34 equivalency and must meet the requirements in section 148.6412.
17.35 (e) A person who is credentialed in another jurisdiction
17.36 may apply for licensure by reciprocity and must meet the
18.1 requirements in section 148.6415.
18.2 (f) A person who applies for temporary licensure must meet
18.3 the requirements in section 148.6418.
18.4 Sec. 22. Minnesota Statutes 2002, section 148.6428, is
18.5 amended to read:
18.6 148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.]
18.7 A licensee who changes addresses or employment must inform
18.8 the commissioner, in writing, of the change of address,
18.9 employment, business address, or business telephone number
18.10 within 30 days. All notices or other correspondence mailed to
18.11 or served on a licensee by the commissioner at the licensee's
18.12 address on file with the commissioner shall be considered as
18.13 having been received by the licensee.
18.14 Sec. 23. Minnesota Statutes 2002, section 148.6443,
18.15 subdivision 1, is amended to read:
18.16 Subdivision 1. [GENERAL REQUIREMENTS.] An occupational
18.17 therapist applying for licensure renewal must have completed a
18.18 minimum of 24 contact hours of continuing education in the two
18.19 years preceding licensure renewal. An occupational therapy
18.20 assistant applying for licensure renewal must have completed a
18.21 minimum of 18 contact hours of continuing education in the two
18.22 years preceding licensure renewal. Licensees who are issued
18.23 licenses for a period of less than two years shall prorate the
18.24 number of contact hours required for licensure renewal based on
18.25 the number of months licensed during the biennial licensure
18.26 period. Licensees shall receive contact hours for continuing
18.27 education activities only for the biennial licensure period in
18.28 which the continuing education activity was performed.
18.29 To qualify as a continuing education activity, the activity
18.30 must be a minimum of one contact hour. Contact hours must be
18.31 earned and reported in increments of one contact hour or
18.32 one-half contact hour for after the first contact hour of each
18.33 continuing education activity. One-half contact hour means an
18.34 instructional session of 30 consecutive minutes, excluding
18.35 coffee breaks, registration, meals without a speaker, and social
18.36 activities.
19.1 Each licensee is responsible for financing the cost of the
19.2 licensee's continuing education activities.
19.3 Sec. 24. Minnesota Statutes 2002, section 148.6443,
19.4 subdivision 5, is amended to read:
19.5 Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.]
19.6 At the time of Within one month following licensure renewal
19.7 expiration, each licensee shall submit verification that the
19.8 licensee has met the continuing education requirements of this
19.9 section on the continuing education report form provided by the
19.10 commissioner. The continuing education report form may require
19.11 the following information:
19.12 (1) title of continuing education activity;
19.13 (2) brief description of the continuing education activity;
19.14 (3) sponsor, presenter, or author;
19.15 (4) location and attendance dates;
19.16 (5) number of contact hours; and
19.17 (6) licensee's notarized affirmation that the information
19.18 is true and correct.
19.19 Sec. 25. Minnesota Statutes 2002, section 192.502, is
19.20 amended to read:
19.21 192.502 [PROTECTIONS.]
19.22 Subdivision 1. [POSTSECONDARY STUDENTS.] (a) A member of
19.23 the Minnesota National Guard or any other military reserve
19.24 component who is a student at a postsecondary education
19.25 institution and who is called or ordered to state active service
19.26 in the Minnesota National Guard, as defined in section 190.05,
19.27 subdivision 5, or who is called or ordered to federal active
19.28 military service has the following rights:
19.29 (1) with regard to courses in which the person is enrolled,
19.30 the person may:
19.31 (i) withdraw from one or more courses for which tuition and
19.32 fees have been paid that are attributable to the courses. The
19.33 tuition and fees must be credited to the person's account at the
19.34 postsecondary institution. Any refunds are subject to the
19.35 requirements of the state or federal financial aid programs of
19.36 origination. In such a case, the student must not receive
20.1 credit for the courses and must not receive a failing grade, an
20.2 incomplete, or other negative annotation on the student's
20.3 record, and the student's grade point average must not be
20.4 altered or affected in any manner because of action under this
20.5 item;
20.6 (ii) be given a grade of incomplete and be allowed to
20.7 complete the course upon release from active duty under the
20.8 postsecondary institution's standard practice for completion of
20.9 incompletes; or
20.10 (iii) continue and complete the course for full credit.
20.11 Class sessions the student misses due to performance of state or
20.12 federal active military service must be counted as excused
20.13 absences and must not be used in any way to adversely impact the
20.14 student's grade or standing in the class. Any student who
20.15 selects this option is not, however, automatically excused from
20.16 completing assignments due during the period the student is
20.17 performing state or federal active military service. A letter
20.18 grade or a grade of pass must only be awarded if, in the opinion
20.19 of the faculty member teaching the course, the student has
20.20 completed sufficient work and has demonstrated sufficient
20.21 progress toward meeting course requirements to justify the
20.22 grade;
20.23 (2) to receive a refund of amounts paid for room, board,
20.24 and fees attributable to the time period during which the
20.25 student was serving in state or federal active military service
20.26 and did not use the facilities or services for which the amounts
20.27 were paid. Any refund of room, board, and fees is subject to
20.28 the requirements of the state or federal financial aid programs
20.29 of origination; and
20.30 (3) if the student chooses to withdraw, the student has the
20.31 right to be readmitted and reenrolled as a student at the
20.32 postsecondary education institution, without penalty or
20.33 redetermination of admission eligibility, within one year
20.34 following release from the state or federal active military
20.35 service.
20.36 (b) The protections in this section may be invoked as
21.1 follows:
21.2 (1) the person, or an appropriate officer from the military
21.3 organization in which the person will be serving, must give
21.4 advance verbal or written notice that the person is being called
21.5 or ordered to qualifying service;
21.6 (2) advance notice is not required if the giving of notice
21.7 is precluded by military necessity or, under all the relevant
21.8 circumstances, the giving of notice is impossible or
21.9 unreasonable; and
21.10 (3) upon written request from the postsecondary
21.11 institution, the person must provide written verification of
21.12 service.
21.13 (c) This section provides minimum protections for students.
21.14 Nothing in this section prevents postsecondary institutions from
21.15 providing additional options or protections to students who are
21.16 called or ordered to state or federal active military service.
21.17 Subd. 2. [RENEWAL OF PROFESSIONAL LICENSES OR
21.18 CERTIFICATIONS.] The renewal of a license or certificate of
21.19 registration for a member of the Minnesota National Guard or
21.20 other military reserves who has been ordered to active military
21.21 service and who is required by law to be licensed or registered
21.22 in order to carry on or practice a health or other trade,
21.23 employment, occupation, or profession in the state is governed
21.24 under sections 326.55 and 326.56.
21.25 [EFFECTIVE DATE.] This section is effective the day
21.26 following final enactment.
21.27 Sec. 26. [197.65] [RENEWAL OF PROFESSIONAL LICENSES OR
21.28 CERTIFICATIONS.]
21.29 The renewal of a license or certificate of registration for
21.30 a person who is serving in or has recently been discharged from
21.31 active military service and who is required by law to be
21.32 licensed or registered in order to carry on or practice a health
21.33 or other trade, employment, occupation, or profession in the
21.34 state is governed under sections 326.55 and 326.56.
21.35 [EFFECTIVE DATE.] This section is effective the day
21.36 following final enactment.
22.1 ARTICLE 2
22.2 PHYSICIAN ASSISTANTS
22.3 Section 1. Minnesota Statutes 2002, section 147A.02, is
22.4 amended to read:
22.5 147A.02 [QUALIFICATIONS FOR REGISTRATION.]
22.6 Except as otherwise provided in this chapter, an individual
22.7 shall be registered by the board before the individual may
22.8 practice as a physician assistant.
22.9 The board may grant registration as a physician assistant
22.10 to an applicant who:
22.11 (1) submits an application on forms approved by the board;
22.12 (2) pays the appropriate fee as determined by the board;
22.13 (3) has current certification from the National Commission
22.14 on Certification of Physician Assistants, or its successor
22.15 agency as approved by the board;
22.16 (4) certifies that the applicant is mentally and physically
22.17 able to engage safely in practice as a physician assistant;
22.18 (5) has no licensure, certification, or registration as a
22.19 physician assistant under current discipline, revocation,
22.20 suspension, or probation for cause resulting from the
22.21 applicant's practice as a physician assistant, unless the board
22.22 considers the condition and agrees to licensure;
22.23 (6) has a physician-physician assistant agreement, and
22.24 internal protocol and prescribing delegation form, if the
22.25 physician assistant has been delegated prescribing authority, as
22.26 described in section 147A.18 in place at the address of record;
22.27 (7) submits to the board a practice setting description and
22.28 any other information the board deems necessary to evaluate the
22.29 applicant's qualifications; and
22.30 (8) (7) has been approved by the board.
22.31 All persons registered as physician assistants as of June
22.32 30, 1995, are eligible for continuing registration renewal. All
22.33 persons applying for registration after that date shall be
22.34 registered according to this chapter.
22.35 Sec. 2. Minnesota Statutes 2003 Supplement, section
22.36 147A.09, subdivision 2, is amended to read:
23.1 Subd. 2. [DELEGATION.] Patient services may include, but
23.2 are not limited to, the following, as delegated by the
23.3 supervising physician and authorized in the agreement:
23.4 (1) taking patient histories and developing medical status
23.5 reports;
23.6 (2) performing physical examinations;
23.7 (3) interpreting and evaluating patient data;
23.8 (4) ordering or performing diagnostic procedures, including
23.9 radiography;
23.10 (5) ordering or performing therapeutic procedures;
23.11 (6) providing instructions regarding patient care, disease
23.12 prevention, and health promotion;
23.13 (7) assisting the supervising physician in patient care in
23.14 the home and in health care facilities;
23.15 (8) creating and maintaining appropriate patient records;
23.16 (9) transmitting or executing specific orders at the
23.17 direction of the supervising physician;
23.18 (10) prescribing, administering, and dispensing legend
23.19 drugs and medical devices if this function has been delegated by
23.20 the supervising physician pursuant to and subject to the
23.21 limitations of section 147.34 147A.18 and chapter 151.
23.22 Physician assistants who have been delegated the authority to
23.23 prescribe controlled substances shall maintain a separate
23.24 addendum to the delegation form which lists all schedules and
23.25 categories of controlled substances which the physician
23.26 assistant has the authority to prescribe. This addendum shall
23.27 be maintained with the physician-physician assistant agreement,
23.28 and the delegation form at the address of record;
23.29 (11) for physician assistants not delegated prescribing
23.30 authority, administering legend drugs and medical devices
23.31 following prospective review for each patient by and upon
23.32 direction of the supervising physician;
23.33 (12) functioning as an emergency medical technician with
23.34 permission of the ambulance service and in compliance with
23.35 section 144E.127, and ambulance service rules adopted by the
23.36 commissioner of health;
24.1 (13) initiating evaluation and treatment procedures
24.2 essential to providing an appropriate response to emergency
24.3 situations; and
24.4 (14) certifying a physical disability under section
24.5 169.345, subdivision 2a.
24.6 Orders of physician assistants shall be considered the
24.7 orders of their supervising physicians in all practice-related
24.8 activities, including, but not limited to, the ordering of
24.9 diagnostic, therapeutic, and other medical services.
24.10 Sec. 3. Minnesota Statutes 2002, section 147A.20, is
24.11 amended to read:
24.12 147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.]
24.13 (a) A physician assistant and supervising physician must
24.14 sign an agreement which specifies scope of practice and amount
24.15 and manner of supervision as required by the board. The
24.16 agreement must contain:
24.17 (1) a description of the practice setting;
24.18 (2) a statement of practice type/specialty;
24.19 (3) a listing of categories of delegated duties;
24.20 (4) a description of supervision type, amount, and
24.21 frequency; and
24.22 (5) a description of the process and schedule for review of
24.23 prescribing, dispensing, and administering legend and controlled
24.24 drugs and medical devices by the physician assistant authorized
24.25 to prescribe.
24.26 (b) The agreement must be maintained by the supervising
24.27 physician and physician assistant and made available to the
24.28 board upon request. If there is a delegation of prescribing,
24.29 administering, and dispensing of legend drugs, controlled
24.30 substances, and medical devices, the agreement shall include an
24.31 internal protocol and delegation form. Physician assistants
24.32 shall have a separate agreement for each place of employment.
24.33 Agreements must be reviewed and updated on an annual basis. The
24.34 supervising physician and physician assistant must maintain the
24.35 agreement, delegation form, and internal protocol at the address
24.36 of record. Copies shall be provided to the board upon request.
25.1 (c) Physician assistants must provide written notification
25.2 to the board within 30 days of the following:
25.3 (1) name change;
25.4 (2) address of record change;
25.5 (3) telephone number of record change; and
25.6 (4) addition or deletion of alternate supervising physician
25.7 provided that the information submitted includes, for an
25.8 additional alternate physician, an affidavit of consent to act
25.9 as an alternate supervising physician signed by the alternate
25.10 supervising physician.
25.11 (d) Modifications requiring submission prior to the
25.12 effective date are changes to the practice setting description
25.13 which include:
25.14 (1) supervising physician change, excluding alternate
25.15 supervising physicians; or
25.16 (2) delegation of prescribing, administering, or dispensing
25.17 of legend drugs, controlled substances, or medical devices.
25.18 (e) The agreement must be completed and the practice
25.19 setting description submitted to the board before providing
25.20 medical care as a physician assistant.
25.21 Sec. 4. [EXCEPTION TO REGISTRATION REQUIREMENTS.]
25.22 Notwithstanding the requirements of Minnesota Statutes,
25.23 section 147A.02, the Board of Medical Practice shall register an
25.24 individual as a physician assistant if the individual:
25.25 (1) is ineligible for the certification examination by the
25.26 National Commission on the Certification of Physician Assistants
25.27 because the individual's education took place in a nonaccredited
25.28 institution, or the individual was informally trained on the
25.29 job;
25.30 (2) trained and served in the United States military as a
25.31 medic or hospital corpsman on active duty and has continuously
25.32 practiced as a physician assistant or surgeon's assistant in
25.33 Minnesota since 1976, including a practice which combined
25.34 in-office surgical practice with the individual's supervised
25.35 autonomous schedule and with assisting in a hospital operating
25.36 room on cases warranting a first assistant;
26.1 (3) meets all other requirements for registration;
26.2 (4) submits satisfactory recommendations from a supervising
26.3 physician; and
26.4 (5) achieves a satisfactory result on any criminal
26.5 background or health check required by the board.
26.6 The board must accept applications under this section only until
26.7 January 1, 2005.
26.8 [EFFECTIVE DATE.] This section is effective the day
26.9 following final enactment.
26.10 Sec. 5. [PROVISIONAL REGISTRATION.]
26.11 An individual registered under section 4 is deemed to hold
26.12 a provisional registration for two years from the date of
26.13 registration. If there have been no substantiated complaints
26.14 against an individual during the provisional period, the board
26.15 shall extend full registration to the individual upon completion
26.16 of the provisional period.
26.17 [EFFECTIVE DATE.] This section is effective the day
26.18 following final enactment.
26.19 ARTICLE 3
26.20 ACUPUNCTURISTS
26.21 Section 1. Minnesota Statutes 2002, section 147B.01, is
26.22 amended by adding a subdivision to read:
26.23 Subd. 16a. [NCCAOM CERTIFICATION.] "NCCAOM certification"
26.24 means a certification granted by the NCCAOM to a person who has
26.25 met the standards of competence established for either NCCAOM
26.26 certification in acupuncture or NCCAOM certification in Oriental
26.27 medicine.
26.28 Sec. 2. Minnesota Statutes 2002, section 147B.06,
26.29 subdivision 4, is amended to read:
26.30 Subd. 4. [SCOPE OF PRACTICE.] The scope of practice of
26.31 acupuncture includes, but is not limited to, the following:
26.32 (1) using Oriental medical theory to assess and diagnose a
26.33 patient;
26.34 (2) using Oriental medical theory to develop a plan to
26.35 treat a patient. The treatment techniques that may be chosen
26.36 include:
27.1 (i) insertion of sterile acupuncture needles through the
27.2 skin;
27.3 (ii) acupuncture stimulation including, but not limited to,
27.4 electrical stimulation or the application of heat;
27.5 (iii) cupping;
27.6 (iv) dermal friction;
27.7 (v) acupressure;
27.8 (vi) herbal therapies;
27.9 (vii) dietary counseling based on traditional Chinese
27.10 medical principles;
27.11 (viii) breathing techniques; or
27.12 (ix) exercise according to Oriental medical principles; or
27.13 (x) Oriental massage.
27.14 Sec. 3. [REPEALER.]
27.15 Minnesota Statutes 2002, section 147B.02, subdivision 5, is
27.16 repealed.
27.17 ARTICLE 4
27.18 NURSE LICENSURE
27.19 Section 1. Minnesota Statutes 2002, section 148.211,
27.20 subdivision 1, is amended to read:
27.21 Subdivision 1. [LICENSURE BY EXAMINATION.] (a) An
27.22 applicant for a license to practice as a registered nurse or
27.23 licensed practical nurse shall apply to the board for a license
27.24 by examination on forms prescribed by the board and pay a fee in
27.25 an amount determined by rule statute. An applicant applying for
27.26 reexamination shall pay a fee in an amount determined by
27.27 rule law. In no case may fees be refunded.
27.28 Before being scheduled for examination, the applicant shall
27.29 provide written evidence verified by oath that the applicant (1)
27.30 has not engaged in conduct warranting disciplinary action as set
27.31 forth in section 148.261; (2) meets secondary education
27.32 requirements as determined by the board and other preliminary
27.33 qualification requirements the board may prescribe by rule; and
27.34 (3) has completed a course of study in a nursing program
27.35 approved by the board, another United States nursing board, or a
27.36 Canadian province. An applicant who graduates from a nursing
28.1 program in another country, except Canada, must also
28.2 successfully complete the Commission on Graduates of Foreign
28.3 Nursing Schools Qualifying Examination. The nursing program
28.4 must be approved for the preparation of applicants for the type
28.5 of license for which the application has been submitted.
28.6 The applicant must pass a written examination in the
28.7 subjects the board may determine. Written examination includes
28.8 both paper and pencil examinations and examinations administered
28.9 with a computer and related technology. Each written
28.10 examination may be supplemented by an oral or practical
28.11 examination. (b) The applicant must satisfy the following
28.12 requirements for licensure by examination:
28.13 (1) present evidence the applicant has not engaged in
28.14 conduct warranting disciplinary action under section 148.261;
28.15 (2) present evidence of completion of a nursing education
28.16 program approved by the board, another United States nursing
28.17 board, or a Canadian province, which prepared the applicant for
28.18 the type of license for which the application has been
28.19 submitted; and
28.20 (3) pass a national nurse licensure written examination.
28.21 "Written examination" includes paper and pencil examinations and
28.22 examinations administered with a computer and related technology
28.23 and may include supplemental oral or practical examinations
28.24 approved by the board.
28.25 (c) An applicant who graduated from an approved nursing
28.26 education program in Canada and was licensed in Canada or
28.27 another United States jurisdiction, without passing the national
28.28 nurse licensure examination, must also submit a verification of
28.29 licensure from the original Canadian licensure authority and
28.30 from the United States jurisdiction.
28.31 (d) An applicant who graduated from a nursing program in a
28.32 country other than the United States or Canada must also satisfy
28.33 the following requirements:
28.34 (1) present verification of graduation from a nursing
28.35 education program which prepared the applicant for the type of
28.36 license for which the application has been submitted and is
29.1 determined to be equivalent to the education required in the
29.2 same type of nursing education programs in the United States as
29.3 evaluated by a credentials evaluation service acceptable to the
29.4 board. The credentials evaluation service must submit the
29.5 evaluation and verification directly to the board;
29.6 (2) demonstrate successful completion of coursework to
29.7 resolve identified nursing education deficiencies; and
29.8 (3) pass examinations acceptable to the board that test
29.9 written and spoken English, unless the applicant graduated from
29.10 a nursing education program conducted in English and located in
29.11 an English-speaking country. The results of the examinations
29.12 must be submitted directly to the board from the testing service.
29.13 (e) An applicant failing to pass the examination may apply
29.14 for reexamination.
29.15 Upon submission by the applicant of an affidavit of
29.16 graduation or transcript from an approved nursing program as
29.17 well as proof that the applicant has passed the examination,
29.18 paid the required fees, and (f) When the applicant has met all
29.19 other requirements stated in this subdivision, the board shall
29.20 issue a license to the applicant. The board may issue a license
29.21 with conditions and limitations if it considers it necessary to
29.22 protect the public.
29.23 Sec. 2. Minnesota Statutes 2003 Supplement, section
29.24 148.212, subdivision 1, is amended to read:
29.25 Subdivision 1. [ISSUANCE.] Upon receipt of the applicable
29.26 licensure or reregistration fee and permit fee, and in
29.27 accordance with rules of the board, the board may issue a
29.28 nonrenewable temporary permit to practice professional or
29.29 practical nursing to an applicant for licensure or
29.30 reregistration who is not the subject of a pending investigation
29.31 or disciplinary action, nor disqualified for any other reason,
29.32 under the following circumstances:
29.33 (a) The applicant for licensure by examination under
29.34 section 148.211, subdivision 1, has graduated from an approved
29.35 nursing program within the 60 days preceding board receipt of an
29.36 affidavit of graduation or transcript and has been authorized by
30.1 the board to write the licensure examination for the first time
30.2 in the United States. The permit holder must practice
30.3 professional or practical nursing under the direct supervision
30.4 of a registered nurse. The permit is valid from the date of
30.5 issue until the date the board takes action on the application
30.6 or for 60 days whichever occurs first.
30.7 (b) The applicant for licensure by endorsement under
30.8 section 148.211, subdivision 2, is currently licensed to
30.9 practice professional or practical nursing in another state,
30.10 territory, or Canadian province. The permit is valid from
30.11 submission of a proper request until the date of board action on
30.12 the application.
30.13 (c) The applicant for licensure by endorsement under
30.14 section 148.211, subdivision 2, or for reregistration under
30.15 section 148.231, subdivision 5, is currently registered in a
30.16 formal, structured refresher course or its equivalent for nurses
30.17 that includes clinical practice.
30.18 (d) The applicant for licensure by examination under
30.19 section 148.211, subdivision 1, has been issued a Commission on
30.20 Graduates of Foreign Nursing Schools certificate, who graduated
30.21 from a nursing program in a country other than the United States
30.22 or Canada has completed all requirements for licensure
30.23 except the registering for and taking the nurse licensure
30.24 examination, and has been authorized by the board to write the
30.25 licensure examination for the first time in the United States.
30.26 The permit holder must practice professional nursing under the
30.27 direct supervision of a registered nurse. The permit is valid
30.28 from the date of issue until the date the board takes action on
30.29 the application or for 60 days, whichever occurs first.
30.30 Sec. 3. Minnesota Statutes 2002, section 148.284, is
30.31 amended to read:
30.32 148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED
30.33 NURSES.]
30.34 (a) No person shall practice advanced practice registered
30.35 nursing or use any title, abbreviation, or other designation
30.36 tending to imply that the person is an advanced practice
31.1 registered nurse, clinical nurse specialist, nurse anesthetist,
31.2 nurse-midwife, or nurse practitioner unless the person is
31.3 certified for such advanced practice registered nursing by a
31.4 national nurse certification organization.
31.5 (b) Paragraph Paragraphs (a) does and (e) do not apply to
31.6 an advanced practice registered nurse who is within six months
31.7 after completion of an advanced practice registered nurse course
31.8 of study and is awaiting certification, provided that the person
31.9 has not previously failed the certification examination.
31.10 (c) An advanced practice registered nurse who has completed
31.11 a formal course of study as an advanced practice registered
31.12 nurse and has been certified by a national nurse certification
31.13 organization prior to January 1, 1999, may continue to practice
31.14 in the field of nursing in which the advanced practice
31.15 registered nurse is practicing as of July 1, 1999, regardless of
31.16 the type of certification held if the advanced practice
31.17 registered nurse is not eligible for the proper certification.
31.18 (d) Prior to July 1, 2007, a clinical nurse specialist may
31.19 petition the board for waiver from the certification requirement
31.20 in paragraph (a) if the clinical nurse specialist is
31.21 academically prepared as a clinical nurse specialist in a
31.22 specialty area for which there is no certification within the
31.23 clinical nurse specialist role and specialty or a related
31.24 specialty. The board may determine that an available
31.25 certification as a clinical nurse specialist in a related
31.26 specialty must be obtained in lieu of the specific specialty or
31.27 subspecialty. The petitioner must be academically prepared as a
31.28 clinical nurse specialist in a specific field of clinical nurse
31.29 specialist practice with a master's degree in nursing that
31.30 included clinical experience in the clinical specialty and must
31.31 have 1,000 hours of supervised clinical experience in the
31.32 clinical specialty for which the individual was academically
31.33 prepared with a minimum of 500 hours of supervised clinical
31.34 practice after graduation. The board may grant a nonrenewable
31.35 permit for no longer than 12 months for the supervised
31.36 postgraduate clinical experience. The board may renew the
32.1 waiver for three-year periods provided the clinical nurse
32.2 specialist continues to be ineligible for certification as a
32.3 clinical nurse specialist by an organization acceptable to the
32.4 board.
32.5 (e) An advanced practice registered nurse who practices
32.6 advanced practice registered nursing without current
32.7 certification or current waiver of certification as a clinical
32.8 nurse specialist, nurse midwife, nurse practitioner, or
32.9 registered nurse anesthetist, or practices with current
32.10 certification but fails to notify the board of current
32.11 certification, shall pay a penalty fee of $200 for the first
32.12 month or part of a month and an additional $100 for each
32.13 subsequent month or parts of months of practice. The amount of
32.14 the penalty fee shall be calculated from the first day the
32.15 advanced practice registered nurse practiced without current
32.16 advanced practice registered nurse certification or current
32.17 waiver of certification to the date of last practice or from the
32.18 first day the advanced practice registered nurse practiced
32.19 without the current status on file with the board until the day
32.20 the current certification is filed with the board.
32.21 Sec. 4. [APPROPRIATION.]
32.22 $24,000 is appropriated in fiscal year 2005 from the state
32.23 government special revenue fund to the Board of Nursing for the
32.24 purpose of administering this article. The base for this
32.25 appropriation in fiscal year 2006 and after is $4,000. These
32.26 amounts are added to appropriations in Laws 2003, First Special
32.27 Session chapter 14, article 13C, section 5.
32.28 ARTICLE 5
32.29 BOARD OF BEHAVIORAL HEALTH AND THERAPY
32.30 Section 1. Minnesota Statutes 2003 Supplement, section
32.31 148B.52, is amended to read:
32.32 148B.52 [DUTIES OF THE BOARD.]
32.33 (a) The Board of Behavioral Health and Therapy shall:
32.34 (1) establish by rule appropriate techniques, including
32.35 examinations and other methods, for determining whether
32.36 applicants and licensees are qualified under sections 148B.50 to
33.1 148B.593;
33.2 (2) establish by rule standards for professional conduct,
33.3 including adoption of a Code of Professional Ethics and
33.4 requirements for continuing education and supervision;
33.5 (3) issue licenses to individuals qualified under sections
33.6 148B.50 to 148B.593;
33.7 (4) establish by rule standards for initial education
33.8 including coursework for licensure and content of professional
33.9 education;
33.10 (5) establish by rule procedures, including a standard
33.11 disciplinary process, to assess whether individuals licensed as
33.12 licensed professional counselors comply with the board's rules;
33.13 (6) establish, maintain, and publish annually a register of
33.14 current licensees and approved supervisors;
33.15 (7) (6) establish initial and renewal application and
33.16 examination fees sufficient to cover operating expenses of the
33.17 board and its agents;
33.18 (8) (7) educate the public about the existence and content
33.19 of the laws and rules for licensed professional counselors to
33.20 enable consumers to file complaints against licensees who may
33.21 have violated the rules;
33.22 (9) establish rules and regulations pertaining to treatment
33.23 for impaired practitioners; and
33.24 (10) (8) periodically evaluate its rules in order to refine
33.25 the standards for licensing professional counselors and to
33.26 improve the methods used to enforce the board's standards.
33.27 (b) The board may appoint a professional discipline
33.28 committee for each occupational licensure regulated by the
33.29 board, and may appoint a board member as chair. The
33.30 professional discipline committee shall consist of five members
33.31 representative of the licensed occupation and shall provide
33.32 recommendations to the board with regard to rule techniques,
33.33 standards, procedures, and related issues specific to the
33.34 licensed occupation.
33.35 Sec. 2. Minnesota Statutes 2003 Supplement, section
33.36 148B.53, subdivision 1, is amended to read:
34.1 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed
34.2 as a licensed professional counselor (LPC), an applicant must
34.3 provide evidence satisfactory to the board that the applicant:
34.4 (1) is at least 18 years of age;
34.5 (2) is of good moral character;
34.6 (3) has completed a master's degree program in counseling
34.7 that includes a minimum of 48 semester hours and a supervised
34.8 field experience of not fewer than 700 hours that is counseling
34.9 in nature;
34.10 (4) has submitted to the board a plan for supervision
34.11 during the first 2,000 hours of professional practice or has
34.12 submitted proof of supervised professional practice that is
34.13 acceptable to the board; and
34.14 (5) has demonstrated competence in professional counseling
34.15 by passing the National Counseling Exam (NCE) administered by
34.16 the National Board for Certified Counselors, Inc. (NBCC)
34.17 including obtaining a passing score on the examination accepted
34.18 by the board based on the determinations made by the NBCC and
34.19 oral and situational examinations if prescribed by the board;
34.20 (6) will conduct all professional activities as a licensed
34.21 professional counselor in accordance with standards for
34.22 professional conduct established by the rules of the board; and
34.23 (7) has declared to the board and agrees to continue to
34.24 declare areas of professional competencies through a statement
34.25 of professional disclosure, describing the intended use of the
34.26 license and the population to be served.
34.27 (b) The degree described in paragraph (a), clause (3), must
34.28 be from a counseling program recognized by the Council for
34.29 Accreditation of Counseling and Related Education Programs
34.30 (CACREP) or from an institution of higher education that is
34.31 accredited by a regional accrediting organization recognized by
34.32 the Council for Higher Education Accreditation (CHEA). Specific
34.33 academic course content and training must meet standards
34.34 established by the CACREP, including course work in the
34.35 following subject areas:
34.36 (1) the helping relationship, including counseling theory
35.1 and practice;
35.2 (2) human growth and development;
35.3 (3) lifestyle and career development;
35.4 (4) group dynamics, processes, counseling, and consulting;
35.5 (5) assessment and appraisal;
35.6 (6) social and cultural foundations, including
35.7 multicultural issues;
35.8 (7) principles of etiology, treatment planning, and
35.9 prevention of mental and emotional disorders and dysfunctional
35.10 behavior;
35.11 (8) family counseling and therapy;
35.12 (9) research and evaluation; and
35.13 (10) professional counseling orientation and ethics.
35.14 (c) To be licensed as a professional counselor, a
35.15 psychological practitioner licensed under section 148.908 need
35.16 only show evidence of licensure under that section and is not
35.17 required to comply with paragraph (a) or (b).
35.18 Sec. 3. Minnesota Statutes 2003 Supplement, section
35.19 148B.53, subdivision 3, is amended to read:
35.20 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable
35.21 fee set by the board as follows:
35.22 (1) initial license application fee for licensed
35.23 professional counseling (LPC) - $250;
35.24 (2) annual active license renewal fee for LPC - $200 or
35.25 equivalent;
35.26 (3) annual inactive license renewal fee for LPC - $100;
35.27 (4) license renewal late fee - $100 per month or portion
35.28 thereof;
35.29 (5) copy of board order or stipulation - $10;
35.30 (6) certificate of good standing or license verification -
35.31 $10;
35.32 (7) duplicate certificate fee - $10;
35.33 (8) computer lists - $10 per region up to a maximum of
35.34 $100;
35.35 (9) computer printed labels - $15 per region up to a
35.36 maximum of $150;
36.1 (10) professional firm renewal fee - $25;
36.2 (11) initial registration fee - $50; and
36.3 (12) annual registration renewal fee - $25.
36.4 Sec. 4. Minnesota Statutes 2003 Supplement, section
36.5 148B.54, is amended to read:
36.6 148B.54 [LICENSE RENEWAL REQUIREMENTS.]
36.7 Subdivision 1. [RENEWAL.] Licensees shall renew licenses
36.8 at the time and in the manner established by the rules of the
36.9 board.
36.10 Subd. 2. [CONTINUING EDUCATION.] At the completion of the
36.11 first two years of licensure, a licensee must provide evidence
36.12 satisfactory to the board of completion of 12 additional
36.13 postgraduate semester credit hours or its equivalent in
36.14 counseling as determined by the board, except that no licensee
36.15 shall be required to show evidence of greater than 60 semester
36.16 hours or its equivalent. Thereafter, at the time of renewal,
36.17 each licensee shall provide evidence satisfactory to the board
36.18 that the licensee has completed during each two-year period at
36.19 least the equivalent of 40 clock hours of professional
36.20 postdegree continuing education in programs approved by the
36.21 board and continues to be qualified to practice under sections
36.22 148B.50 to 148B.593.
36.23 Sec. 5. Minnesota Statutes 2003 Supplement, section
36.24 148B.55, is amended to read:
36.25 148B.55 [LICENSES; TRANSITION PERIOD.]
36.26 For two years beginning July 1, 2003, the board shall issue
36.27 a license without examination to an applicant if the board
36.28 determines that the applicant otherwise satisfies the
36.29 requirements in section 148B.53, subdivision 1, if the applicant
36.30 is a licensed psychological practitioner, a licensed marriage
36.31 and family therapist, or a licensed alcohol and drug counselor,
36.32 or is in the process of being so licensed. An applicant
36.33 licensed under this section must also agree to conduct all
36.34 professional activities as a licensed professional counselor in
36.35 accordance with standards for professional conduct established
36.36 by the board by rule. This section expires July 1, 2005.
37.1 Sec. 6. Minnesota Statutes 2003 Supplement, section
37.2 148B.59, is amended to read:
37.3 148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
37.4 DISCIPLINARY ACTION; RESTORATION OF LICENSE.]
37.5 (a) The board may impose disciplinary action as described
37.6 in paragraph (b) against an applicant or licensee whom the
37.7 board, by a preponderance of the evidence, determines:
37.8 (1) has violated a statute, rule, or order that the board
37.9 issued or is empowered to enforce;
37.10 (2) has engaged in fraudulent, deceptive, or dishonest
37.11 conduct, whether or not the conduct relates to the practice of
37.12 licensed professional counseling, that adversely affects the
37.13 person's ability or fitness to practice professional counseling;
37.14 (3) has engaged in unprofessional conduct or any other
37.15 conduct which has the potential for causing harm to the public,
37.16 including any departure from or failure to conform to the
37.17 minimum standards of acceptable and prevailing practice without
37.18 actual injury having to be established;
37.19 (4) has been convicted of or has pled guilty or nolo
37.20 contendere to a felony or other crime, an element of which is
37.21 dishonesty or fraud, or has been shown to have engaged in acts
37.22 or practices tending to show that the applicant or licensee is
37.23 incompetent or has engaged in conduct reflecting adversely on
37.24 the applicant's or licensee's ability or fitness to engage in
37.25 the practice of professional counseling;
37.26 (5) has employed fraud or deception in obtaining or
37.27 renewing a license, or in passing an examination;
37.28 (6) has had any counseling license, certificate,
37.29 registration, privilege to take an examination, or other similar
37.30 authority denied, revoked, suspended, canceled, limited, or not
37.31 renewed for cause in any jurisdiction;
37.32 (7) has failed to meet any requirement for the issuance or
37.33 renewal of the person's license. The burden of proof is on the
37.34 applicant or licensee to demonstrate the qualifications or
37.35 satisfy the requirements for a license under the licensed
37.36 professional counseling act;
38.1 (8) has failed to cooperate with an investigation of the
38.2 board;
38.3 (9) has demonstrated an inability to practice professional
38.4 counseling with reasonable skill and safety to clients due to
38.5 any mental or physical illness or condition; or
38.6 (10) has engaged in fee splitting. This clause does not
38.7 apply to the distribution of revenues from a partnership, group
38.8 practice, nonprofit corporation, or professional corporation to
38.9 its partners, shareholders, members, or employees if the
38.10 revenues consist only of fees for services performed by the
38.11 licensee or under a licensee's administrative authority. Fee
38.12 splitting includes, but is not limited to:
38.13 (i) dividing fees with another person or a professional
38.14 corporation, unless the division is in proportion to the
38.15 services provided and the responsibility assumed by each
38.16 professional; and
38.17 (ii) referring a client to any health care provider as
38.18 defined in section 144.335 in which the referring licensee has a
38.19 significant financial interest, unless the licensee has
38.20 disclosed in advance to the client the licensee's own financial
38.21 interest; or
38.22 (11) has engaged in conduct with a patient that is sexual
38.23 or may reasonably be interpreted by the patient as sexual, or in
38.24 any verbal behavior that is seductive or sexually demeaning to a
38.25 patient.
38.26 (b) If grounds for disciplinary action exist under
38.27 paragraph (a), the board may take one or more of the following
38.28 actions:
38.29 (1) refuse to grant or renew a license;
38.30 (2) revoke a license;
38.31 (3) suspend a license;
38.32 (4) impose limitations or conditions on a licensee's
38.33 practice of professional counseling, including, but not limited
38.34 to, limiting the scope of practice to designated competencies,
38.35 imposing retraining or rehabilitation requirements, requiring
38.36 the licensee to practice under supervision, or conditioning
39.1 continued practice on the demonstration of knowledge or skill by
39.2 appropriate examination or other review of skill and competence;
39.3 (5) censure or reprimand the licensee;
39.4 (6) refuse to permit an applicant to take the licensure
39.5 examination or refuse to release an applicant's examination
39.6 grade if the board finds that it is in the public interest; or
39.7 (7) impose a civil penalty not exceeding $10,000 for each
39.8 separate violation, the amount of the civil penalty to be fixed
39.9 so as to deprive the physical therapist applicant or licensee of
39.10 any economic advantage gained by reason of the violation
39.11 charged, to discourage similar violations or to reimburse the
39.12 board for the cost of the investigation and proceeding,
39.13 including, but not limited to, fees paid for services provided
39.14 by the Office of Administrative Hearings, legal and
39.15 investigative services provided by the Office of the Attorney
39.16 General, court reporters, witnesses, reproduction of records,
39.17 board members' per diem compensation, board staff time, and
39.18 travel costs and expenses incurred by board staff and board
39.19 members.
39.20 (c) In lieu of or in addition to paragraph (b), the board
39.21 may require, as a condition of continued licensure, termination
39.22 of suspension, reinstatement of license, examination, or release
39.23 of examination grades, that the applicant or licensee:
39.24 (1) submit to a quality review, as specified by the board,
39.25 of the applicant's or licensee's ability, skills, or quality of
39.26 work; and
39.27 (2) complete to the satisfaction of the board educational
39.28 courses specified by the board.
39.29 The board may also refer a licensee, if appropriate, to the
39.30 health professionals services program described in sections
39.31 214.31 to 214.37.
39.32 (d) Service of the order is effective if the order is
39.33 served on the applicant, licensee, or counsel of record
39.34 personally or by mail to the most recent address provided to the
39.35 board for the licensee, applicant, or counsel of record. The
39.36 order shall state the reasons for the entry of the order.
40.1 Sec. 7. [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT
40.2 OR LICENSEE.]
40.3 An applicant or a licensee who is the subject of an
40.4 investigation or who is questioned in connection with an
40.5 investigation by or on behalf of the board shall cooperate fully
40.6 with the investigation. Cooperation includes responding fully
40.7 and promptly to any question raised by or on behalf of the board
40.8 relating to the subject of the investigation, executing all
40.9 releases requested by the board, providing copies of client and
40.10 other records in the applicant's or licensee's possession
40.11 relating to the matter under investigation and executing
40.12 releases for records, as reasonably requested by the board, and
40.13 appearing at conferences or hearings scheduled by the board.
40.14 The board shall pay for copies requested. The board shall be
40.15 allowed access to any records of a client provided services by
40.16 the applicant or licensee under review. If the client has not
40.17 signed a consent permitting access to the client's records, the
40.18 applicant or licensee shall delete any data in the record that
40.19 identifies the client before providing them to the board. The
40.20 board shall maintain any records obtained under this section as
40.21 investigative data pursuant to chapter 13.
40.22 Sec. 8. [148B.5916] [IMMUNITY.]
40.23 Subdivision 1. [REPORTING.] A person, health care
40.24 facility, business, or organization is immune from civil
40.25 liability or criminal prosecution for reporting to the board
40.26 violations or alleged violations of sections 148B.50 to 148B.593.
40.27 All such reports are classified under section 13.41.
40.28 Subd. 2. [INVESTIGATION.] Members of the board, persons
40.29 employed by the board, and consultants retained by the board for
40.30 the purpose of investigation of violations or the preparation
40.31 and management of charges of violations of this chapter on
40.32 behalf of the board are immune from civil liability and criminal
40.33 prosecution for any actions, transactions, or publications in
40.34 the execution of, or relating to, their duties under sections
40.35 148B.50 to 148B.593.
40.36 Sec. 9. [TRANSITION PLAN.]
41.1 The commissioner of health, in consultation with the
41.2 executive director of the Board of Behavioral Health and
41.3 Therapy, the commissioner of human services, and others must
41.4 develop a transition plan to transfer the authority for
41.5 licensing alcohol and drug counselors and unlicensed mental
41.6 health practitioners from the commissioner of health to the
41.7 Board of Behavioral Health and Therapy. The transition plan
41.8 must include any necessary legislative language to transfer
41.9 authority and corresponding funding to the board, identify
41.10 critical licensing activities, and specify a schedule for
41.11 transferring all duties and activities.
41.12 Sec. 10. [EFFECTIVE DATE.]
41.13 Sections 1 to 9 are effective the day following final
41.14 enactment.
41.15 ARTICLE 6
41.16 ALCOHOL AND DRUG COUNSELORS
41.17 Section 1. Minnesota Statutes 2003 Supplement, section
41.18 148C.04, subdivision 6, is amended to read:
41.19 Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The
41.20 commissioner shall issue a temporary permit to practice alcohol
41.21 and drug counseling prior to being licensed under this chapter
41.22 if the person:
41.23 (1) either:
41.24 (i) submits verification of a current and unrestricted
41.25 credential for the practice of alcohol and drug counseling from
41.26 a national certification body or a certification or licensing
41.27 body from another state, United States territory, or federally
41.28 recognized tribal authority;
41.29 (ii) submits verification of the completion of at least 64
41.30 semester credits, including 270 clock hours or 18 semester
41.31 credits of formal classroom education in alcohol and drug
41.32 counseling and at least 880 clock hours of alcohol and drug
41.33 counseling practicum from an accredited school or educational
41.34 program; or
41.35 (iii) applies to renew a lapsed license according to the
41.36 requirements of section 148C.055, subdivision 3, clauses (1) and
42.1 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or
42.2 (iv) meets the requirements of section 148C.11, subdivision
42.3 6, clauses (1), (2), and (5);
42.4 (2) applies, in writing, on an application form provided by
42.5 the commissioner, which includes the nonrefundable temporary
42.6 permit fee as specified in section 148C.12 and an affirmation by
42.7 the person's supervisor, as defined in paragraph (c), clause
42.8 (1), which is signed and dated by the person and the person's
42.9 supervisor; and
42.10 (3) has not been disqualified to practice temporarily on
42.11 the basis of a background investigation under section 148C.09,
42.12 subdivision 1a.
42.13 (b) The commissioner must notify the person in writing
42.14 within 90 days from the date the completed application and all
42.15 required information is received by the commissioner whether the
42.16 person is qualified to practice under this subdivision.
42.17 (c) A person practicing under this subdivision:
42.18 (1) may practice under tribal jurisdiction or under the
42.19 direct supervision of a person who is licensed under this
42.20 chapter;
42.21 (2) is subject to the Rules of Professional Conduct set by
42.22 rule; and
42.23 (3) is not subject to the continuing education requirements
42.24 of section 148C.075.
42.25 (d) A person practicing under this subdivision must use the
42.26 title or description stating or implying that the person is a
42.27 trainee engaged in the practice of alcohol and drug counseling.
42.28 (e) A person practicing under this subdivision must
42.29 annually submit a renewal application on forms provided by the
42.30 commissioner with the renewal fee required in section 148C.12,
42.31 subdivision 3, and the commissioner may renew the temporary
42.32 permit if the trainee meets the requirements of this
42.33 subdivision. A trainee may renew a practice permit no more than
42.34 five times.
42.35 (f) A temporary permit expires if not renewed, upon a
42.36 change of employment of the trainee or upon a change in
43.1 supervision, or upon the granting or denial by the commissioner
43.2 of a license.
43.3 Sec. 2. Minnesota Statutes 2003 Supplement, section
43.4 148C.075, subdivision 2, is amended to read:
43.5 Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S
43.6 FIRST FOUR YEARS.] A licensee must, as part of meeting the clock
43.7 hour requirement of this section, obtain and document 18 hours
43.8 of cultural diversity training within the first four years after
43.9 the licensee's initial license effective date according to the
43.10 commissioner's reporting schedule. Cultural diversity training
43.11 includes gaining knowledge in areas described in Minnesota
43.12 Rules, part 4747.1100, subpart 2, and in identified population
43.13 groups defined in Minnesota Rules, part 4747.0030, subpart 20.
43.14 Sec. 3. Minnesota Statutes 2003 Supplement, section
43.15 148C.075, is amended by adding a subdivision to read:
43.16 Subd. 5. [COURSE WORK.] A licensee may obtain a maximum of
43.17 six clock hours in any two-year continuing education period for
43.18 teaching course work in an accredited school or educational
43.19 program that meets the requirements of section 148C.04,
43.20 subdivision 5a. A licensee may earn a maximum of two clock
43.21 hours as preparation time for each clock hour of presentation
43.22 time. Clock hours may be claimed only once per course in any
43.23 two-year continuing education period. The licensee shall
43.24 maintain a course schedule or brochure for audit.
43.25 Sec. 4. Minnesota Statutes 2003 Supplement, section
43.26 148C.11, subdivision 6, is amended to read:
43.27 Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY,
43.28 AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period
43.29 between July 1, 2003, and January 1, 2006, the commissioner
43.30 shall grant a license to an individual who is employed as an
43.31 alcohol and drug counselor at a Minnesota school district or
43.32 hospital, or a city, county, or state agency in Minnesota, if
43.33 the individual:
43.34 (1) was employed as an alcohol and drug counselor at
43.35 a school district, a hospital, or a city, county, or state
43.36 agency before August 1, 2002;
44.1 (2) has 8,000 hours of alcohol and drug counselor work
44.2 experience;
44.3 (3) has completed a written case presentation and
44.4 satisfactorily passed an oral examination established by the
44.5 commissioner;
44.6 (4) has satisfactorily passed a written examination as
44.7 established by the commissioner; and
44.8 (5) meets the requirements in section 148C.0351.
44.9 Sec. 5. Minnesota Statutes 2003 Supplement, section
44.10 148C.11, is amended by adding a subdivision to read:
44.11 Subd. 7. [SCHOOL DISTRICT ALCOHOL AND DRUG
44.12 COUNSELORS.] Effective January 1, 2006, school districts
44.13 employing alcohol and drug counselors shall be required to
44.14 employ licensed alcohol and drug counselors. An alcohol or drug
44.15 counselor employed by a school district must be licensed as an
44.16 alcohol and drug counselor in accordance with this chapter.
44.17 Sec. 6. Minnesota Statutes 2003 Supplement, section
44.18 148C.12, subdivision 2, is amended to read:
44.19 Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee
44.20 is $295. If the commissioner changes establishes the renewal
44.21 schedule and the expiration date is less than two years, the fee
44.22 must be prorated.
44.23 Sec. 7. Minnesota Statutes 2003 Supplement, section
44.24 148C.12, subdivision 3, is amended to read:
44.25 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for
44.26 applicants under section 148C.04, subdivision 6, paragraph (a),
44.27 is $100. The fee for annual renewal of a temporary permit is
44.28 $100, but when the first expiration date occurs in less or more
44.29 than one year, the fee must be prorated.
44.30 ARTICLE 7
44.31 DENTISTRY TECHNICAL BILL
44.32 Section 1. Minnesota Statutes 2002, section 150A.06, as
44.33 amended by Laws 2003, First Special Session chapter 5, sections
44.34 1, 2, and 3, is amended to read:
44.35 150A.06 [LICENSURE.]
44.36 Subdivision 1. [DENTISTS.] A person of good moral
45.1 character not already a licensed dentist of the state who has
45.2 graduated from a dental program accredited by the Commission on
45.3 Dental Accreditation of the American Dental Association, having
45.4 submitted an application and fee as prescribed by the board and
45.5 the diploma or equivalent awarded to the person by a dental
45.6 college approved by the board, may be examined by the board or
45.7 by an agency pursuant to section 150A.03, subdivision 1, in a
45.8 manner to test the applicant's fitness to practice dentistry. A
45.9 graduate of a dental college in another country must not be
45.10 disqualified from examination solely because of the applicant's
45.11 foreign training if the board determines that the training is
45.12 equivalent to or higher than that provided by a dental college
45.13 approved accredited by the Commission on Dental Accreditation of
45.14 the American Dental Association or a successor organization. In
45.15 the case of examinations conducted pursuant to section 150A.03,
45.16 subdivision 1, applicants may shall take the examination prior
45.17 to applying to the board for licensure. The examination shall
45.18 include an examination of the applicant's knowledge of the laws
45.19 of Minnesota relating to dentistry and the rules of the board.
45.20 An applicant is ineligible to retake the clinical examination
45.21 required by the board after failing it twice until further
45.22 education and training are obtained as specified by the board by
45.23 rule. A separate, nonrefundable fee may be charged for each
45.24 time a person applies. An applicant who passes the examination
45.25 in compliance with subdivision 2b, abides by professional
45.26 ethical conduct requirements, and meets all other requirements
45.27 of the board shall be licensed to practice dentistry
45.28 and supplied with granted a general dentist license by the board.
45.29 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a
45.30 school of dentistry must be licensed or registered in order to
45.31 practice dentistry as defined in section 150A.05. The board may
45.32 issue to members of the faculty of a school of dentistry a
45.33 license designated as either a "limited faculty license" or a
45.34 "full faculty license" entitling the holder to practice
45.35 dentistry within the terms described in paragraph (b) or (c).
45.36 The dean of the a school of dentistry and program directors of
46.1 accredited a Minnesota dental hygiene or dental assisting
46.2 schools school accredited by the Commission on Dental
46.3 Accreditation of the American Dental Association shall certify
46.4 to the board those members of the school's faculty who practice
46.5 dentistry but are not licensed to practice dentistry in
46.6 Minnesota. A faculty member who practices dentistry as defined
46.7 in section 150A.05, before beginning duties in the a school of
46.8 dentistry or a dental hygiene or dental assisting school, shall
46.9 apply to the board for a limited or full faculty license. The
46.10 license expires the next July 1 and may, at the discretion of
46.11 the board, be renewed on a yearly basis. The faculty applicant
46.12 shall pay a nonrefundable fee set by the board for issuing and
46.13 renewing the faculty license. The faculty license is valid
46.14 during the time the holder remains a member of the faculty of a
46.15 school of dentistry or a dental hygiene or dental assisting
46.16 school and subjects the holder to this chapter.
46.17 (b) The board may issue to dentist members of the faculty
46.18 of an accredited a Minnesota school of dentistry, dental
46.19 hygiene, or dental assisting accredited by the Commission on
46.20 Dental Accreditation of the American Dental Association, a
46.21 license designated as a limited faculty license entitling the
46.22 holder to practice dentistry within the school and its
46.23 affiliated teaching facilities, but only for the purposes
46.24 of instructing teaching or conducting research. The practice of
46.25 dentistry at a school facility for purposes other than
46.26 instruction teaching or research is not allowed unless the
46.27 faculty member is licensed under subdivision 1 or is dentist was
46.28 a faculty member on August 1, 1993.
46.29 (c) The board may issue to dentist members of the faculty
46.30 of an accredited a Minnesota school of dentistry, dental
46.31 hygiene, or dental assisting accredited by the Commission on
46.32 Dental Accreditation of the American Dental Association a
46.33 license designated as a full faculty license entitling the
46.34 holder to practice dentistry within the school and its
46.35 affiliated teaching facilities and elsewhere if the holder of
46.36 the license is employed 50 percent time or more by the school in
47.1 the practice of teaching or research, and upon successful review
47.2 by the board of the applicant's qualifications as described in
47.3 subdivisions 1, 1c, and 4 and board rule. The board, at its
47.4 discretion, may waive specific licensing prerequisites.
47.5 Subd. 1b. [RESIDENT DENTISTS.] A person who is a graduate
47.6 of a dental school and is an enrolled graduate student or
47.7 student of an accredited advanced dental education program and
47.8 who is not licensed to practice dentistry in the state shall
47.9 obtain from the board a license to practice dentistry as a
47.10 resident dentist. The license must be designated "resident
47.11 dentist license" and authorizes the licensee to practice
47.12 dentistry only under the supervision of a licensed dentist. A
47.13 resident dentist license must be renewed annually pursuant to
47.14 the board's rules. An applicant for a resident dentist license
47.15 shall pay a nonrefundable fee set by the board for issuing and
47.16 renewing the license. The requirements of sections 150A.01 to
47.17 150A.21 apply to resident dentists except as specified in rules
47.18 adopted by the board. A resident dentist license does not
47.19 qualify a person for licensure under subdivision 1. This
47.20 subdivision takes effect on September 1 following the date that
47.21 the rules adopted under this subdivision become effective.
47.22 Subd. 1c. [SPECIALTY DENTISTS.] (a) The board may grant a
47.23 specialty license in the following specialty areas of dentistry:
47.24 (1) endodontics;
47.25 (2) oral and maxillofacial surgery;
47.26 (3) oral pathology;
47.27 (4) orthodontics;
47.28 (5) pediatric dentistry;
47.29 (6) periodontics;
47.30 (7) prosthodontics; and
47.31 (8) public health that are recognized by the American
47.32 Dental Association.
47.33 (b) Notwithstanding section 147.081, subdivision 3, a
47.34 person practicing in the specialty area of oral and
47.35 maxillofacial surgery must either be licensed by the board under
47.36 subdivision 1, or have a specialty license in the oral and
48.1 maxillofacial surgery specialty area. Notwithstanding paragraph
48.2 (c), an oral and maxillofacial surgery specialty license may be
48.3 issued to a person not licensed under subdivision 1. An
48.4 applicant for a specialty license shall:
48.5 (1) have successfully completed a postdoctoral specialty
48.6 education program accredited by the Commission on Dental
48.7 Accreditation of the American Dental Association, or have
48.8 announced a limitation of practice before 1967;
48.9 (2) have been certified by a specialty examining board
48.10 approved by the Minnesota Board of Dentistry, or provide
48.11 evidence of having passed a clinical examination for licensure
48.12 required for practice in any state or Canadian province, or in
48.13 the case of oral and maxillofacial surgeons only, have a
48.14 Minnesota medical license in good standing;
48.15 (3) have been in active practice or a postdoctoral
48.16 specialty education program or United States government service
48.17 at least 2,000 hours in the 36 months prior to applying for a
48.18 specialty license;
48.19 (4) if requested by the board, be interviewed by a
48.20 committee of the board, which may include the assistance of
48.21 specialists in the evaluation process, and satisfactorily
48.22 respond to questions designed to determine the applicant's
48.23 knowledge of dental subjects and ability to practice;
48.24 (5) if requested by the board, present complete records on
48.25 a sample of patients treated by the applicant. The sample must
48.26 be drawn from patients treated by the applicant during the 36
48.27 months preceding the date of application. The number of records
48.28 shall be established by the board. The records shall be
48.29 reasonably representative of the treatment typically provided by
48.30 the applicant;
48.31 (6) at board discretion, pass a board-approved English
48.32 proficiency test if English is not the applicant's primary
48.33 language;
48.34 (7) pass all components of the National Dental Board
48.35 examinations;
48.36 (8) pass the Minnesota Board of Dentistry jurisprudence
49.1 examination;
49.2 (9) abide by professional ethical conduct requirements; and
49.3 (10) meet all other requirements prescribed by the Board of
49.4 Dentistry.
49.5 (c) An applicant for a specialty license shall The
49.6 application must include:
49.7 (1) have successfully completed an advanced education
49.8 program approved by the Commission on Accreditation in one of
49.9 the specialty areas;
49.10 (2) have announced a limitation of practice before 1967; or
49.11 (3) have been certified by a specialty examining board
49.12 approved by the board.
49.13 The board shall also require the applicant to be licensed
49.14 under subdivision 1 or have an equivalent license in another
49.15 state as determined by the board, meet all other requirements
49.16 prescribed by the board, and pay a nonrefundable fee set by the
49.17 board.
49.18 (1) a completed application furnished by the board;
49.19 (2) at least two character references from two different
49.20 dentists, one of whom must be a dentist practicing in the same
49.21 specialty area, and the other the director of the specialty
49.22 program attended;
49.23 (3) a licensed physician's statement attesting to the
49.24 applicant's physical and mental condition;
49.25 (4) a statement from a licensed ophthalmologist or
49.26 optometrist attesting to the applicant's visual acuity;
49.27 (5) a nonrefundable fee; and
49.28 (6) a notarized, unmounted passport-type photograph, three
49.29 inches by three inches, taken not more than six months before
49.30 the date of application.
49.31 (d) A dentist with an equivalent license in another state
49.32 and a specialty license in Minnesota is limited in Minnesota to
49.33 practicing only in the specialty license area as defined by the
49.34 board. A specialty dentist holding a specialty license is
49.35 limited to practicing in the dentist's designated specialty
49.36 area. The scope of practice must be defined by each national
50.1 specialty board recognized by the American Dental Association.
50.2 (e) A specialty dentist holding a general dentist license
50.3 is limited to practicing in the dentist's designated specialty
50.4 area if the dentist has announced a limitation of practice. The
50.5 scope of practice must be defined by each national specialty
50.6 board recognized by the American Dental Association.
50.7 (f) All specialty dentists who have fulfilled the specialty
50.8 dentist requirements and who intend to limit their practices to
50.9 a particular specialty area after January 1, 2005, may apply for
50.10 a specialty license.
50.11 Dentists who are licensed under this section prior to
50.12 January 1, 2005, and who limit their practice to a specialty
50.13 recognized by the American Dental Association may apply for a
50.14 specialty license but are not required to do so.
50.15 Subd. 2. [DENTAL HYGIENISTS.] A person of good moral
50.16 character not already a licensed dental hygienist of this state,
50.17 who has graduated from a dental hygiene program established in
50.18 an institution that is accredited by an accrediting agency
50.19 recognized by the United States Department of Education to offer
50.20 college-level programs accredited by the Commission on Dental
50.21 Accreditation of the American Dental Association and established
50.22 in an institution accredited by an agency recognized by the
50.23 United States Department of Education to offer college-level
50.24 programs, may apply for licensure. The dental hygiene program
50.25 must provide a minimum of two academic years of dental
50.26 hygiene curriculum and be accredited by the American Dental
50.27 Association Commission on Dental Accreditation education. The
50.28 applicant must submit an application and fee as prescribed by
50.29 the board and a diploma or certificate of dental hygiene. Prior
50.30 to being licensed, the applicant must pass the National Board of
50.31 Dental Hygiene examination and a board approved examination
50.32 designed to determine the applicant's clinical competency. In
50.33 the case of examinations conducted pursuant to section 150A.03,
50.34 subdivision 1, applicants may shall take the examination before
50.35 applying to the board for licensure. The applicant must also
50.36 pass an examination testing the applicant's knowledge of the
51.1 laws of Minnesota relating to the practice of dentistry and of
51.2 the rules of the board. An applicant is ineligible to retake
51.3 the clinical examination required by the board after failing it
51.4 twice until further education and training are obtained as
51.5 specified by the board by rule. A separate, nonrefundable fee
51.6 may be charged for each time a person applies. An applicant who
51.7 passes the examination in compliance with subdivision 2b, abides
51.8 by professional ethical conduct requirements, and meets all the
51.9 other requirements of the board shall be licensed as a dental
51.10 hygienist and supplied with a license by the board.
51.11 Subd. 2a. [REGISTERED DENTAL ASSISTANT.] A person of good
51.12 moral character, who has submitted graduated from a dental
51.13 assisting program accredited by the Commission on Dental
51.14 Accreditation of the American Dental Association, may apply for
51.15 registration. The applicant must submit an application and fee
51.16 as prescribed by the board and the diploma or equivalent awarded
51.17 to the person by a training school for certificate of dental
51.18 assistants or its equivalent approved by the board, may be
51.19 examined by the board or by an agency pursuant to section
51.20 150A.03, subdivision 1, in a manner to test the applicant's
51.21 fitness to perform as a registered dental assistant assisting.
51.22 In the case of examinations conducted pursuant to section
51.23 150A.03, subdivision 1, applicants may shall take the
51.24 examination before applying to the board for registration. The
51.25 examination shall include an examination of the applicant's
51.26 knowledge of the laws of Minnesota relating to dentistry and the
51.27 rules of the board. An applicant is ineligible to retake
51.28 the clinical registration examination required by the board
51.29 after failing it twice until further education and training are
51.30 obtained as specified by the board by rule. A separate,
51.31 nonrefundable fee may be charged for each time a person
51.32 applies. An applicant who passes the examination in compliance
51.33 with subdivision 2b, abides by professional ethical conduct
51.34 requirements, and meets all the other requirements of the board
51.35 shall be registered as a dental assistant. The examination fee
51.36 set by the board in rule is the application fee until the board
52.1 amends, repeals, or otherwise changes the rules pursuant to
52.2 chapter 14.
52.3 Subd. 2b. [EXAMINATION.] When the Board members administer
52.4 of Dentistry administers the examination for licensure or
52.5 registration, only those board members or board-appointed deputy
52.6 examiners qualified for the particular examination may
52.7 administer it. An examination which the board requires as a
52.8 condition of licensure or registration must have been taken
52.9 within the five years before the board receives the application
52.10 for licensure or registration.
52.11 Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board
52.12 shall grant a guest license to practice as a dentist or dental
52.13 hygienist or a guest registration to practice as a dental
52.14 assistant if the following conditions are met:
52.15 (1) the dentist, dental hygienist, or dental assistant is
52.16 currently licensed or registered in good standing in North
52.17 Dakota, South Dakota, Iowa, or Wisconsin;
52.18 (2) the dentist, dental hygienist, or dental assistant is
52.19 currently engaged in the practice of that person's respective
52.20 profession in North Dakota, South Dakota, Iowa, or Wisconsin;
52.21 (3) the dentist, dental hygienist, or dental assistant is
52.22 seeking to will limit that person's practice in to a public
52.23 health setting in Minnesota that (i) is approved by the board;
52.24 (ii) was established by a nonprofit organization that is tax
52.25 exempt under chapter 501(c)(3) of the Internal Revenue Code of
52.26 1986; and (iii) provides dental care to patients who have
52.27 difficulty accessing dental care;
52.28 (4) the dentist, dental hygienist, or dental assistant
52.29 agrees to treat indigent patients who meet the eligibility
52.30 criteria established by the clinic; and
52.31 (5) the dentist, dental hygienist, or dental assistant has
52.32 applied to the board for a guest license or registration,
52.33 providing evidence of being currently licensed or registered in
52.34 good standing in North Dakota, South Dakota, Iowa, or Wisconsin,
52.35 and has paid a nonrefundable license fee to the board of $50 not
52.36 to exceed $75.
53.1 (b) A dentist, dental hygienist, or dental assistant
53.2 practicing under a guest license or registration may only
53.3 practice at a single, specific location in Minnesota. A guest
53.4 license or registration must be renewed annually with the board
53.5 and an annual renewal fee of $50 must be paid to the board. If
53.6 the clinic in Minnesota at which a dentist, dental hygienist, or
53.7 dental assistant seeks to practice permanently ceases operation,
53.8 the guest license or registration issued under this subdivision
53.9 is automatically revoked not to exceed $75 must be paid.
53.10 (c) A dentist, dental hygienist, or dental assistant
53.11 practicing under a guest license or registration under this
53.12 subdivision shall have the same obligations as a dentist, dental
53.13 hygienist, or dental assistant who is licensed in Minnesota and
53.14 shall be subject to the laws and rules of Minnesota and the
53.15 regulatory authority of the board. If the board suspends or
53.16 revokes the guest license or registration of, or otherwise
53.17 disciplines, a dentist, dental hygienist, or dental assistant
53.18 practicing under this subdivision, the board shall promptly
53.19 report such disciplinary action to the dentist's, dental
53.20 hygienist's, or dental assistant's regulatory board in the
53.21 border state.
53.22 Subd. 2d. [VOLUNTEER AND RETIRED DENTISTS, DENTAL
53.23 HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING
53.24 EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board
53.25 shall grant a waiver to the continuing education requirements
53.26 under this chapter for a licensed dentist, licensed dental
53.27 hygienist, or registered dental assistant who documents to the
53.28 satisfaction of the board that the dentist, dental hygienist, or
53.29 registered dental assistant has retired from active practice in
53.30 the state and limits the provision of dental care services to
53.31 those offered without compensation in a public health,
53.32 community, or tribal clinic or a nonprofit organization that
53.33 provides services to the indigent or to recipients of medical
53.34 assistance, general assistance medical care, or MinnesotaCare
53.35 programs.
53.36 (b) The board may require written documentation from the
54.1 volunteer and retired dentist, dental hygienist, or registered
54.2 dental assistant prior to granting this waiver.
54.3 (c) The board shall require the volunteer and retired
54.4 dentist, dental hygienist, or registered dental assistant to
54.5 meet the following requirements:
54.6 (1) a licensee or registrant seeking a waiver under this
54.7 subdivision must complete and document at least five hours of
54.8 approved courses in infection control, medical emergencies, and
54.9 medical management for the continuing education cycle; and
54.10 (2) provide documentation of certification in advanced or
54.11 basic cardiac life support recognized by the American Heart
54.12 Association, the American Red Cross, or an equivalent entity.
54.13 Subd. 3. [WAIVER OF EXAMINATION.] (a) All or any part of
54.14 the examination for dentists or dental hygienists, except that
54.15 pertaining to the law of Minnesota relating to dentistry and the
54.16 rules of the board, may, at the discretion of the board, be
54.17 waived for an applicant who presents a certificate of
54.18 qualification from the National Board of Dental Examiners or
54.19 evidence of having maintained an adequate scholastic standing as
54.20 determined by the board, in dental school as to dentists, or
54.21 dental hygiene school as to dental hygienists.
54.22 (b) Effective January 1, 2004, The board shall waive the
54.23 clinical examination required for licensure for any dentist
54.24 applicant who is a graduate of a dental school accredited by the
54.25 Commission on Dental Accreditation of the American Dental
54.26 Association or an equivalent organization as determined by the
54.27 board, who has successfully completed parts I and II all
54.28 components of the National boards Dental Board examination, and
54.29 who has satisfactorily completed a Minnesota-based postdoctoral
54.30 general dentistry residency program (GPR) or an advanced
54.31 education in general dentistry (AEGD) program after January 1,
54.32 2004. The postdoctoral program must be accredited by the
54.33 Commission on Dental Accreditation of the American Dental
54.34 Association if the program is, be of at least one year's
54.35 duration, and includes include an outcome assessment evaluation
54.36 assessing the resident's competence to practice dentistry. The
55.1 board may require the applicant to submit any information deemed
55.2 necessary by the board to determine whether the waiver is
55.3 applicable. The board may waive the clinical examination for an
55.4 applicant who meets the requirements of this paragraph and has
55.5 satisfactorily completed an accredited postdoctoral general
55.6 dentistry residency program located outside of Minnesota.
55.7 Subd. 4. [LICENSURE BY CREDENTIALS.] (a) Any person who is
55.8 lawfully practicing dentistry or dental hygiene in another state
55.9 or Canadian province having and maintaining a standard of
55.10 examination for licensure and of laws regulating the practice
55.11 within that state or Canadian province, substantially equivalent
55.12 to Minnesota's, as determined by the board, who is a reputable
55.13 dentist or dental hygienist of good moral character, and who
55.14 deposits, in person, with the Board of Dentistry a certificate
55.15 from the board of dentistry of the state or Canadian province in
55.16 which the applicant is licensed, certifying to the fact of
55.17 licensure and that the applicant is of good moral character and
55.18 professional attainments, shall, upon payment of the fee
55.19 established by the board, be interviewed by the board. The
55.20 interview shall consist of assessing the applicant's knowledge
55.21 of dental subjects. If the applicant does not demonstrate the
55.22 minimum knowledge in dental subjects required for licensure
55.23 under subdivisions 1 and 2, the application shall be denied.
55.24 When denying a license, the board may notify the applicant of
55.25 any specific course that the applicant could take which, if
55.26 passed, would qualify the applicant for licensure. The denial
55.27 shall not prohibit the applicant from applying for licensure
55.28 under subdivisions 1 and 2. If the applicant demonstrates the
55.29 minimum knowledge in dental subjects required for licensure
55.30 under subdivisions 1 and 2 and meets the other requirements of
55.31 this subdivision, a license shall be granted to practice in this
55.32 state, if the applicant passes an examination on the laws of
55.33 Minnesota relating to dentistry and the rules of the Board of
55.34 Dentistry. dentist or dental hygienist may, upon application and
55.35 payment of a fee established by the board, apply for licensure
55.36 based on the applicant's performance record in lieu of passing
56.1 an examination approved by the board according to section
56.2 150A.03, subdivision 1, and be interviewed by the board to
56.3 determine if the applicant:
56.4 (1) has been in active practice at least 2,000 hours within
56.5 36 months of the application date, or passed a board-approved
56.6 re-entry program within 36 months of the application date;
56.7 (2) currently has a license in another state or Canadian
56.8 province and is not subject to any pending or final disciplinary
56.9 action, or if not currently licensed, previously had a license
56.10 in another state or Canadian province in good standing that was
56.11 not subject to any final or pending disciplinary action at the
56.12 time of surrender;
56.13 (3) is of good moral character and abides by professional
56.14 ethical conduct requirements;
56.15 (4) at board discretion, has passed a board-approved
56.16 English proficiency test if English is not the applicant's
56.17 primary language; and
56.18 (5) meets other credentialing requirements specified in
56.19 board rule.
56.20 (b) An applicant who fulfills the conditions of this
56.21 subdivision and demonstrates the minimum knowledge in dental
56.22 subjects required for licensure under subdivision 1 or 2 must be
56.23 licensed to practice the applicant's profession.
56.24 (c) If the applicant does not demonstrate the minimum
56.25 knowledge in dental subjects required for licensure under
56.26 subdivision 1 or 2, the application must be denied. When
56.27 denying a license, the board may notify the applicant of any
56.28 specific remedy that the applicant could take which, when
56.29 passed, would qualify the applicant for licensure. A denial
56.30 does not prohibit the applicant from applying for licensure
56.31 under subdivision 1 or 2.
56.32 (d) A candidate whose application has been denied may
56.33 appeal the decision to the board according to subdivision 4a.
56.34 Subd. 4a. [APPEAL OF DENIAL OF APPLICATION.] A person
56.35 whose application for licensure or registration by credentials
56.36 has been denied may appeal the decision to the board. The board
57.1 shall establish an appeals process and inform a denied candidate
57.2 of the right to appeal and the process for filing the appeal.
57.3 Subd. 5. [FRAUD IN SECURING LICENSES OR REGISTRATIONS.]
57.4 Every person implicated in employing fraud or deception in
57.5 applying for or securing a license or registration to practice
57.6 dentistry or, dental hygiene, or in applying for or securing a
57.7 registration to practice dental assisting or in
57.8 annually registering renewing a license or registration under
57.9 sections 150A.01 to 150A.12 is guilty of a gross misdemeanor.
57.10 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,
57.11 initial license and subsequent renewal, or current registration
57.12 certificate, and annual registration certificate of every
57.13 licensed dentist, dental hygienist, or registered dental
57.14 assistant shall be conspicuously displayed in every office in
57.15 which that person practices, in plain sight of patients. If
57.16 there is more than one dentist, dental hygienist, or registered
57.17 dental assistant practicing or employed in any office, the
57.18 manager or proprietor of the office shall display in plain sight
57.19 the name, license certificate and annual registration
57.20 certificate of each dentist, dental hygienist, or registered
57.21 dental assistant practicing or employed there. Near or on the
57.22 entrance door to every office where dentistry is practiced, the
57.23 name of each dentist practicing there, as inscribed on
57.24 the current license certificate and annual registration
57.25 certificate of each dentist, shall be displayed in plain sight.
57.26 Subd. 7. [ADDITIONAL REMEDIES FOR LICENSURE AND
57.27 REGISTRATION.] On a case-by-case basis, for initial or renewal
57.28 of licensure or registration, the board may add additional
57.29 remedies for deficiencies found based on the applicant's
57.30 performance, character, and education.
57.31 Subd. 8. [REGISTRATION BY CREDENTIALS.] (a) Any dental
57.32 assistant may, upon application and payment of a fee established
57.33 by the board, apply for registration based on an evaluation of
57.34 the applicant's education, experience, and performance record in
57.35 lieu of completing a board-approved dental assisting program for
57.36 expanded functions as defined in rule, and may be interviewed by
58.1 the board to determine if the applicant:
58.2 (1) has graduated from an accredited dental assisting
58.3 program accredited by the Commission of Dental Accreditation of
58.4 the American Dental Association, or is currently certified by
58.5 the Dental Assisting National Board;
58.6 (2) is not subject to any pending or final disciplinary
58.7 action in another state or Canadian province, or if not
58.8 currently certified or registered, previously had a
58.9 certification or registration in another state or Canadian
58.10 province in good standing that was not subject to any final or
58.11 pending disciplinary action at the time of surrender;
58.12 (3) is of good moral character and abides by professional
58.13 ethical conduct requirements;
58.14 (4) at board discretion, has passed a board-approved
58.15 English proficiency test if English is not the applicant's
58.16 primary language; and
58.17 (5) has met all expanded functions curriculum equivalency
58.18 requirements of a Minnesota board-approved dental assisting
58.19 program.
58.20 (b) The board, at its discretion, may waive specific
58.21 registration requirements in paragraph (a).
58.22 (c) An applicant who fulfills the conditions of this
58.23 subdivision and demonstrates the minimum knowledge in dental
58.24 subjects required for registration under subdivision 2a must be
58.25 registered to practice the applicant's profession.
58.26 (d) If the applicant does not demonstrate the minimum
58.27 knowledge in dental subjects required for registration under
58.28 subdivision 2a, the application must be denied. If registration
58.29 is denied, the board may notify the applicant of any specific
58.30 remedy that the applicant could take which, when passed, would
58.31 qualify the applicant for registration. A denial does not
58.32 prohibit the applicant from applying for registration under
58.33 subdivision 2a.
58.34 (e) A candidate whose application has been denied may
58.35 appeal the decision to the board according to subdivision 4a.
58.36 Sec. 2. Minnesota Statutes 2002, section 150A.08,
59.1 subdivision 1, is amended to read:
59.2 Subdivision 1. [GROUNDS.] The board may refuse or by order
59.3 suspend or revoke, limit or modify by imposing conditions it
59.4 deems necessary, any license to practice dentistry or dental
59.5 hygiene or the registration of any dental assistant upon any of
59.6 the following grounds:
59.7 (1) fraud or deception in connection with the practice of
59.8 dentistry or the securing of a license or annual registration
59.9 certificate;
59.10 (2) conviction, including a finding or verdict of guilt, an
59.11 admission of guilt, or a no contest plea, in any court of a
59.12 felony or gross misdemeanor reasonably related to the practice
59.13 of dentistry as evidenced by a certified copy of the conviction;
59.14 (3) conviction, including a finding or verdict of guilt, an
59.15 admission of guilt, or a no contest plea, in any court of an
59.16 offense involving moral turpitude as evidenced by a certified
59.17 copy of the conviction;
59.18 (4) habitual overindulgence in the use of intoxicating
59.19 liquors;
59.20 (5) improper or unauthorized prescription, dispensing,
59.21 administering, or personal or other use of any legend drug as
59.22 defined in chapter 151, of any chemical as defined in chapter
59.23 151, or of any controlled substance as defined in chapter 152;
59.24 (6) conduct unbecoming a person licensed to practice
59.25 dentistry or dental hygiene or registered as a dental assistant,
59.26 or conduct contrary to the best interest of the public, as such
59.27 conduct is defined by the rules of the board;
59.28 (7) gross immorality;
59.29 (8) any physical, mental, emotional, or other disability
59.30 which adversely affects a dentist's, dental hygienist's, or
59.31 registered dental assistant's ability to perform the service for
59.32 which the person is licensed or registered;
59.33 (9) revocation or suspension of a license, registration, or
59.34 equivalent authority to practice, or other disciplinary action
59.35 or denial of a license or registration application taken by a
59.36 licensing, registering, or credentialing authority of another
60.1 state, territory, or country as evidenced by a certified copy of
60.2 the licensing authority's order, if the disciplinary action or
60.3 application denial was based on facts that would provide a basis
60.4 for disciplinary action under this chapter and if the action was
60.5 taken only after affording the credentialed person or applicant
60.6 notice and opportunity to refute the allegations or pursuant to
60.7 stipulation or other agreement;
60.8 (10) failure to maintain adequate safety and sanitary
60.9 conditions for a dental office in accordance with the standards
60.10 established by the rules of the board;
60.11 (11) employing, assisting, or enabling in any manner an
60.12 unlicensed person to practice dentistry;
60.13 (12) failure or refusal to attend, testify, and produce
60.14 records as directed by the board under subdivision 7;
60.15 (13) violation of, or failure to comply with, any other
60.16 provisions of sections 150A.01 to 150A.12, the rules of the
60.17 Board of Dentistry, or any disciplinary order issued by the
60.18 board, section 144.335 or 595.02, subdivision 1, paragraph (d),
60.19 or for any other just cause related to the practice of
60.20 dentistry. Suspension, revocation, modification or limitation
60.21 of any license shall not be based upon any judgment as to
60.22 therapeutic or monetary value of any individual drug prescribed
60.23 or any individual treatment rendered, but only upon a repeated
60.24 pattern of conduct;
60.25 (14) knowingly providing false or misleading information
60.26 that is directly related to the care of that patient unless done
60.27 for an accepted therapeutic purpose such as the administration
60.28 of a placebo; or
60.29 (15) aiding suicide or aiding attempted suicide in
60.30 violation of section 609.215 as established by any of the
60.31 following:
60.32 (i) a copy of the record of criminal conviction or plea of
60.33 guilty for a felony in violation of section 609.215, subdivision
60.34 1 or 2;
60.35 (ii) a copy of the record of a judgment of contempt of
60.36 court for violating an injunction issued under section 609.215,
61.1 subdivision 4;
61.2 (iii) a copy of the record of a judgment assessing damages
61.3 under section 609.215, subdivision 5; or
61.4 (iv) a finding by the board that the person violated
61.5 section 609.215, subdivision 1 or 2. The board shall
61.6 investigate any complaint of a violation of section 609.215,
61.7 subdivision 1 or 2.
61.8 Sec. 3. Minnesota Statutes 2002, section 150A.09,
61.9 subdivision 4, is amended to read:
61.10 Subd. 4. [DUPLICATE CERTIFICATES.] Duplicate licenses or
61.11 duplicate annual certificates of license renewal may be issued
61.12 by the board upon satisfactory proof of the need for the
61.13 duplicates and upon payment of the fee established by the board.
61.14 ARTICLE 8
61.15 PODIATRISTS MEDICAL LICENSING MODIFICATIONS
61.16 Section 1. Minnesota Statutes 2002, section 153.01,
61.17 subdivision 2, is amended to read:
61.18 Subd. 2. [PODIATRIC MEDICINE.] "Podiatric medicine" means
61.19 the diagnosis or medical, mechanical, or surgical treatment of
61.20 the ailments of the human hand, foot, ankle, and the soft tissue
61.21 of the lower leg distal to the tibial tuberosity, including.
61.22 Medical or surgical treatment includes partial foot
61.23 amputation of the toe, but not including and excludes amputation
61.24 of the foot, hand, or fingers, or the. Use of local
61.25 anesthetics is within the scope of medical and surgical
61.26 management in patient care. Use of anesthetics, other than
61.27 local anesthetics, is excluded, except as provided in section
61.28 153.26. Podiatric medicine includes the prescribing or
61.29 recommending of appliances, devices, or shoes for the correction
61.30 or relief of foot ailments. Podiatric medicine includes the
61.31 prescribing or administering of any drugs or medications
61.32 necessary or helpful to the practice of podiatry podiatric
61.33 medicine as defined by this subdivision, provided, however, that
61.34 licensed podiatrists shall be restricted in their prescribing or
61.35 administering of any drugs or medications by the limitations
61.36 imposed on the scope of practice of podiatric medicine as
62.1 defined in this chapter. For a podiatrist who has completed a
62.2 residency, podiatric medicine includes the performance of all or
62.3 part of the medical history and physical examination for the
62.4 purpose of hospital admission for podiatric management or
62.5 preoperative podiatric surgery.
62.6 Sec. 2. Minnesota Statutes 2002, section 153.16,
62.7 subdivision 1, is amended to read:
62.8 Subdivision 1. [LICENSE REQUIREMENTS.] The board shall
62.9 issue a license to practice podiatric medicine to a person who
62.10 meets the following requirements:
62.11 (a) The applicant for a license shall file a written
62.12 notarized application on forms provided by the board, showing to
62.13 the board's satisfaction that the applicant is of good moral
62.14 character and satisfies the requirements of this section.
62.15 (b) The applicant shall present evidence satisfactory to
62.16 the board of being a graduate of a podiatric medical school
62.17 approved by the board based upon its faculty, curriculum,
62.18 facilities, accreditation by a recognized national accrediting
62.19 organization approved by the board, and other relevant factors.
62.20 (c) The applicant must have passed an examination received
62.21 a passing score on each part of the national board examinations,
62.22 parts one and two, prepared and graded by the National Board of
62.23 Podiatric Medical Examiners and also pass a state clinical
62.24 examination prepared and graded by the state Board of Podiatric
62.25 Medicine or a national clinical examination prepared and graded
62.26 by the National Board of Podiatric Medical Examiners. The board
62.27 shall by rule determine what score constitutes a passing score
62.28 in each examination. The passing score for each part of the
62.29 national board examinations, parts one and two, is as defined by
62.30 the National Board of Podiatric Medical Examiners.
62.31 (d) Applicants graduating after 1986 from a podiatric
62.32 medical school shall present evidence satisfactory to the board
62.33 of the completion of (1) one year of graduate, clinical
62.34 residency or preceptorship in a program accredited by a national
62.35 accrediting organization approved by the board or (2) other
62.36 graduate training that meets standards equivalent to those of an
63.1 approved national accrediting organization or school of
63.2 podiatric medicine.
63.3 (e) The applicant shall appear in person before the board
63.4 or its designated representative to show that the applicant
63.5 satisfies the requirements of this section, including knowledge
63.6 of laws, rules, and ethics pertaining to the practice of
63.7 podiatric medicine. The board may establish as internal
63.8 operating procedures the procedures or requirements for the
63.9 applicant's personal presentation.
63.10 (f) The applicant shall pay a fee established by the board
63.11 by rule. The fee shall not be refunded.
63.12 (g) The applicant must not have engaged in conduct
63.13 warranting disciplinary action against a licensee. If the
63.14 applicant does not satisfy the requirements of this paragraph,
63.15 the board may refuse to issue a license unless it determines
63.16 that the public will be protected through issuance of a license
63.17 with conditions and limitations the board considers appropriate.
63.18 (h) Upon payment of a fee as the board may require, an
63.19 applicant who fails to pass an examination and is refused a
63.20 license is entitled to reexamination within one year of the
63.21 board's refusal to issue the license. No more than two
63.22 reexaminations are allowed without a new application for a
63.23 license.
63.24 Sec. 3. Minnesota Statutes 2002, section 153.16,
63.25 subdivision 2, is amended to read:
63.26 Subd. 2. [APPLICANTS LICENSED IN ANOTHER STATE.] The board
63.27 shall issue a license to practice podiatric medicine to any
63.28 person currently or formerly licensed to practice podiatric
63.29 medicine in another state who satisfies the requirements of this
63.30 section:
63.31 (a) The applicant shall satisfy the requirements
63.32 established in subdivision 1.
63.33 (b) The applicant shall present evidence satisfactory to
63.34 the board indicating the current status of a license to practice
63.35 podiatric medicine issued by the proper agency in another state
63.36 or country first state of licensure and all other states and
64.1 countries in which the individual has held a license.
64.2 (c) If the applicant must not have has had a license
64.3 revoked, engaged in conduct warranting disciplinary action
64.4 against a licensee the applicant's license, or been subjected to
64.5 disciplinary action, in another state. If an applicant does not
64.6 satisfy the requirements of this paragraph, the board may refuse
64.7 to issue a license unless it determines that the public will be
64.8 protected through issuance of a license with conditions or
64.9 limitations the board considers appropriate.
64.10 (d) The applicant shall submit with the license application
64.11 the following additional information for the five-year period
64.12 preceding the date of filing of the application: (1) the name
64.13 and address of the applicant's professional liability insurer in
64.14 the other state; and (2) the number, date, and disposition of
64.15 any podiatric medical malpractice settlement or award made to
64.16 the plaintiff relating to the quality of podiatric medical
64.17 treatment.
64.18 (e) If the license is active, the applicant shall submit
64.19 with the license application evidence of compliance with the
64.20 continuing education requirements in the current state of
64.21 licensure.
64.22 (f) If the license is inactive, the applicant shall submit
64.23 with the license application evidence of participation in
64.24 one-half the number of hours of acceptable continuing education
64.25 required for biennial renewal, as specified under Minnesota
64.26 Rules, up to five years. If the license has been inactive for
64.27 more than two years, the amount of acceptable continuing
64.28 education required must be obtained during the two years
64.29 immediately before application or the applicant must provide
64.30 other evidence as the board may reasonably require.
64.31 Sec. 4. Minnesota Statutes 2002, section 153.19,
64.32 subdivision 1, is amended to read:
64.33 Subdivision 1. [GROUNDS LISTED.] The board may refuse to
64.34 grant a license or may impose disciplinary action as described
64.35 in this section against any doctor of podiatric medicine. The
64.36 following conduct is prohibited and is grounds for disciplinary
65.1 action:
65.2 (1) failure to demonstrate the qualifications or satisfy
65.3 the requirements for a license contained in this chapter or
65.4 rules of the board; the burden of proof shall be upon the
65.5 applicant to demonstrate the qualifications or satisfaction of
65.6 the requirements;
65.7 (2) obtaining a license by fraud or cheating or attempting
65.8 to subvert the licensing examination process;
65.9 (3) conviction, during the previous five years, of a felony
65.10 reasonably related to the practice of podiatric medicine;
65.11 (4) revocation, suspension, restriction, limitation, or
65.12 other disciplinary action against the person's podiatric medical
65.13 license in another state or jurisdiction, failure to report to
65.14 the board that charges regarding the person's license have been
65.15 brought in another state or jurisdiction, or having been refused
65.16 a license by any other state or jurisdiction;
65.17 (5) advertising that is false or misleading;
65.18 (6) violating a rule adopted by the board or an order of
65.19 the board, a state, or federal law that relates to the practice
65.20 of podiatric medicine, or in part regulates the practice of
65.21 podiatric medicine, or a state or federal narcotics or
65.22 controlled substance law;
65.23 (7) engaging in any unethical conduct; conduct likely to
65.24 deceive, defraud, or harm the public, or demonstrating a willful
65.25 or careless disregard for the health, welfare, or safety of a
65.26 patient; or podiatric medical practice that is professionally
65.27 incompetent, in that it may create unnecessary danger to any
65.28 patient's life, health, or safety, in any of which cases, proof
65.29 of actual injury need not be established;
65.30 (8) failure to supervise a preceptor or, resident, other
65.31 graduate trainee, or undergraduate student;
65.32 (9) aiding or abetting an unlicensed person in the practice
65.33 of podiatric medicine, except that it is not a violation of this
65.34 clause for a podiatrist to employ, supervise, or delegate
65.35 functions to a qualified person who may or may not be required
65.36 to obtain a license or registration to provide health services
66.1 if that person is practicing within the scope of that person's
66.2 license or registration or delegated authority;
66.3 (10) adjudication as mentally incompetent, or a person who
66.4 is mentally ill, or as a chemically dependent person, a person
66.5 dangerous to the public, a sexually dangerous person, or a
66.6 person who has a sexual psychopathic personality by a court of
66.7 competent jurisdiction, within or without this state;
66.8 (11) engaging in unprofessional conduct that includes any
66.9 departure from or the failure to conform to the minimal
66.10 standards of acceptable and prevailing podiatric medical
66.11 practice, but actual injury to a patient need not be
66.12 established;
66.13 (12) inability to practice podiatric medicine with
66.14 reasonable skill and safety to patients by reason of illness or
66.15 chemical dependency or as a result of any mental or physical
66.16 condition, including deterioration through the aging process or
66.17 loss of motor skills;
66.18 (13) revealing a privileged communication from or relating
66.19 to a patient except when otherwise required or permitted by law;
66.20 (14) improper management of medical records, including
66.21 failure to maintain adequate medical records, to comply with a
66.22 patient's request made under section 144.335 or to furnish a
66.23 medical record or report required by law;
66.24 (15) accepting, paying, or promising to pay a part of a fee
66.25 in exchange for patient referrals;
66.26 (16) engaging in abusive or fraudulent billing practices,
66.27 including violations of the federal Medicare and Medicaid laws
66.28 or state medical assistance laws;
66.29 (17) becoming addicted or habituated to a drug or
66.30 intoxicant;
66.31 (18) prescribing a drug for other than medically accepted
66.32 therapeutic or experimental or investigative purposes authorized
66.33 by a state or federal agency;
66.34 (19) engaging in sexual conduct with a patient or conduct
66.35 that may reasonably be interpreted by the patient as sexual, or
66.36 in verbal behavior which is seductive or sexually demeaning to a
67.1 patient;
67.2 (20) failure to make reports as required by section 153.24
67.3 or to cooperate with an investigation of the board as required
67.4 by section 153.20;
67.5 (21) knowingly providing false or misleading information
67.6 that is directly related to the care of that patient unless done
67.7 for an accepted therapeutic purpose such as the administration
67.8 of a placebo.
67.9 Sec. 5. Minnesota Statutes 2002, section 153.24,
67.10 subdivision 4, is amended to read:
67.11 Subd. 4. [INSURERS.] Four times a year as prescribed by
67.12 the board, by the first day of the months of February, May,
67.13 August, and November of each year, each insurer authorized to
67.14 sell insurance described in section 60A.06, subdivision 1,
67.15 clause (13), and providing professional liability insurance to
67.16 podiatrists shall submit to the board a report concerning the
67.17 podiatrists against whom podiatric medical malpractice
67.18 settlements or awards have been made to the plaintiff. The
67.19 report must contain at least the following information:
67.20 (1) the total number of podiatric malpractice settlements
67.21 or awards made to the plaintiff;
67.22 (2) the date the podiatric malpractice settlements or
67.23 awards to the plaintiff were made;
67.24 (3) the allegations contained in the claim or complaint
67.25 leading to the settlements or awards made to the plaintiff;
67.26 (4) the dollar amount of each podiatric malpractice
67.27 settlement or award;
67.28 (5) the regular address of the practice of the podiatrist
67.29 against whom an award was made or with whom a settlement was
67.30 made; and
67.31 (6) the name of the podiatrist against whom an award was
67.32 made or with whom a settlement was made.
67.33 The insurance company shall, in addition to the foregoing
67.34 information, report to the board any information it has that
67.35 tends to substantiate a charge that a podiatrist may have
67.36 engaged in conduct violating the law as specified in this
68.1 chapter.
68.2 Sec. 6. Minnesota Statutes 2002, section 153.25,
68.3 subdivision 1, is amended to read:
68.4 Subdivision 1. [REPORTING.] Any person, health care
68.5 facility, business, or organization is immune from civil
68.6 liability or criminal prosecution for submitting a report to the
68.7 board under section 153.24 or for otherwise reporting to the
68.8 board violations or alleged violations of section
68.9 153.19. Reports are confidential data on individuals under
68.10 section 13.02, subdivision 3, and are privileged communications.
68.11 Sec. 7. [REPEALER.]
68.12 Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and
68.13 10; and 6900.0400, are repealed.
68.14 ARTICLE 9
68.15 APPLICATION FOR DESIGNATION OF AN ESSENTIAL COMMUNITY PROVIDER
68.16 Section 1. Minnesota Statutes 2003 Supplement, section
68.17 62Q.19, subdivision 2, is amended to read:
68.18 Subd. 2. [APPLICATION.] (a) Any provider may apply to the
68.19 commissioner for designation as an essential community provider
68.20 by submitting an application form developed by the
68.21 commissioner. Except as provided in paragraphs (d) and (e),
68.22 applications must be accepted within two years after the
68.23 effective date of the rules adopted by the commissioner to
68.24 implement this section.
68.25 (b) Each application submitted must be accompanied by an
68.26 application fee in an amount determined by the commissioner.
68.27 The fee shall be no more than what is needed to cover the
68.28 administrative costs of processing the application.
68.29 (c) The name, address, contact person, and the date by
68.30 which the commissioner's decision is expected to be made shall
68.31 be classified as public data under section 13.41. All other
68.32 information contained in the application form shall be
68.33 classified as private data under section 13.41 until the
68.34 application has been approved, approved as modified, or denied
68.35 by the commissioner. Once the decision has been made, all
68.36 information shall be classified as public data unless the
69.1 applicant designates and the commissioner determines that the
69.2 information contains trade secret information.
69.3 (d) The commissioner shall accept an application for
69.4 designation as an essential community provider until June 30,
69.5 2001 2004, from:
69.6 (1) one applicant that is a nonprofit community health care
69.7 facility, services agency certified as a medical assistance
69.8 provider effective April 1, 1998, that provides culturally
69.9 competent health care to an underserved Southeast Asian
69.10 immigrant and refugee population residing in the immediate
69.11 neighborhood of the facility;
69.12 (2) one applicant that is a nonprofit home health care
69.13 provider, certified as a Medicare and a medical assistance
69.14 provider that provides culturally competent home health care
69.15 services to a low-income culturally diverse population;
69.16 (3) up to five applicants that are nonprofit community
69.17 mental health centers certified as medical assistance providers
69.18 that provide mental health services to children with serious
69.19 emotional disturbance and their families or to adults with
69.20 serious and persistent mental illness; and
69.21 (4) one applicant that is a nonprofit provider certified as
69.22 a medical assistance provider that provides mental health, child
69.23 development, and family services to children with physical and
69.24 mental health disorders and their families.
69.25 (e) The commissioner shall accept an application for
69.26 designation as an essential community provider until June 30,
69.27 2003, from one applicant that is a nonprofit community clinic
69.28 located in Hennepin County that provides health care to an
69.29 underserved American Indian population and that is collaborating
69.30 with other neighboring organizations on a community diabetes
69.31 project and an immunization project. mental health, behavioral
69.32 health, chemical dependency, employment, and health wellness
69.33 services to the underserved Spanish-speaking Latino families and
69.34 individuals with locations in Minneapolis and St. Paul.
69.35 Sec. 2. [EFFECTIVE DATE.]
69.36 Section 1 is effective the day following final enactment.
70.1 ARTICLE 10
70.2 EDUCATION AND PRECAUTIONS REGARDING VACCINES
70.3 Section 1. Minnesota Statutes 2003 Supplement, section
70.4 121A.15, subdivision 3a, is amended to read:
70.5 Subd. 3a. [DISCLOSURES REQUIRED.] (a) This paragraph
70.6 applies to any written information about immunization
70.7 requirements for enrollment in a school or child care facility
70.8 that:
70.9 (1) is provided to a person to be immunized or enrolling or
70.10 enrolled in a school or child care facility, or to the person's
70.11 parent or guardian if the person is under 18 years of age and
70.12 not emancipated; and
70.13 (2) is provided by the Department of Health; the Department
70.14 of Education; the Department of Human Services; an immunization
70.15 provider; or a school or child care facility.
70.16 Such written information must describe the exemptions from
70.17 immunizations permitted under subdivision 3, paragraphs (c) and
70.18 (d). The information on exemptions from immunizations provided
70.19 according to this paragraph must be in a font size at least
70.20 equal to the font size of the immunization requirements, in the
70.21 same font style as the immunization requirements, and on the
70.22 same page of the written document as the immunization
70.23 requirements.
70.24 (b) Before immunizing a person, an immunization provider
70.25 must provide the person, or the person's parent or guardian if
70.26 the person is under 18 years of age and not emancipated, with
70.27 the following information in writing:
70.28 (1) a list of the immunizations required for enrollment in
70.29 a school or child care facility;
70.30 (2) a description of the exemptions from immunizations
70.31 permitted under subdivision 3, paragraphs (c) and (d);
70.32 (3) a list of additional immunizations currently
70.33 recommended by the commissioner; and
70.34 (4) in accordance with federal law, a copy of the vaccine
70.35 information sheet from the federal Department of Health and
70.36 Human Services that lists possible adverse reactions to the
71.1 immunization to be provided.
71.2 (c) The commissioner will continue the educational campaign
71.3 to providers and hospitals on vaccine safety including, but not
71.4 limited to, information on the vaccine adverse events reporting
71.5 system (VAERS), the federal vaccine information statements
71.6 (VIS), and medical precautions and contraindications to
71.7 immunizations.
71.8 (d) The commissioner will encourage providers to provide
71.9 the vaccine information statements at multiple visits and in
71.10 anticipation of subsequent immunizations.
71.11 (e) The commissioner will encourage providers to use
71.12 existing screening for immunization precautions and
71.13 contraindication materials and make proper use of the vaccine
71.14 adverse events reporting system (VAERS).
71.15 (f) In consultation with groups and people identified in
71.16 subdivision 12, paragraph (a), clause (1), the commissioner will
71.17 continue to develop and make available patient education
71.18 materials on immunizations including, but not limited to,
71.19 contraindications and precautions regarding vaccines.
71.20 (g) The commissioner will encourage health care providers
71.21 to use thimerosal-free vaccines when available.
71.22 Sec. 2. Minnesota Statutes 2003 Supplement, section
71.23 121A.15, subdivision 12, is amended to read:
71.24 Subd. 12. [MODIFICATIONS TO SCHEDULE.] (a) The
71.25 commissioner of health may adopt modifications to the
71.26 immunization requirements of this section. A proposed
71.27 modification made under this subdivision must be part of the
71.28 current immunization recommendations of each of the following
71.29 organizations: the United States Public Health Service's
71.30 Advisory Committee on Immunization Practices, the American
71.31 Academy of Family Physicians, and the American Academy of
71.32 Pediatrics. In proposing a modification to the immunization
71.33 schedule, the commissioner must:
71.34 (1) consult with (i) the commissioner of education; the
71.35 commissioner of human services; the chancellor of the Minnesota
71.36 State Colleges and Universities; and the president of the
72.1 University of Minnesota; and (ii) the Minnesota Natural Health
72.2 Coalition, Vaccine Awareness Minnesota, Biological Education for
72.3 Autism Treatment (BEAT), the Minnesota Academy of Family
72.4 Physicians, the American Academy of Pediatrics-Minnesota
72.5 Chapter, and the Minnesota Nurses Association; and
72.6 (2) consider the following criteria: the epidemiology of
72.7 the disease, the morbidity and mortality rates for the disease,
72.8 the safety and efficacy of the vaccine, the cost of a
72.9 vaccination program, the cost of enforcing vaccination
72.10 requirements, and a cost-benefit analysis of the vaccination.
72.11 (b) Before a proposed modification may be adopted, the
72.12 commissioner must notify the chairs of the house and senate
72.13 committees with jurisdiction over health policy issues. If the
72.14 chairs of the relevant standing committees determine a public
72.15 hearing regarding the proposed modifications is in order, the
72.16 hearing must be scheduled within 60 days of receiving notice
72.17 from the commissioner. If a hearing is scheduled, the
72.18 commissioner may not adopt any proposed modifications until
72.19 after the hearing is held.
72.20 (c) The commissioner shall comply with the requirements of
72.21 chapter 14 regarding the adoption of any proposed modifications
72.22 to the immunization schedule.
72.23 (d) In addition to the publication requirements of chapter
72.24 14, the commissioner of health must inform all immunization
72.25 providers of any adopted modifications to the immunization
72.26 schedule in a timely manner.
72.27 ARTICLE 11
72.28 EMERGENCY HEALTH POWERS REAUTHORIZATION
72.29 Section 1. Minnesota Statutes 2002, section 12.03,
72.30 subdivision 4d, is amended to read:
72.31 Subd. 4d. [FACILITY.] "Facility" means any real property,
72.32 building, structure, or other improvement to real property or
72.33 any motor vehicle, rolling stock, aircraft, watercraft, or other
72.34 means of transportation. Facility does not include a private
72.35 residence but may include a licensed health care facility only
72.36 when other alternatives are not feasible.
73.1 Sec. 2. Minnesota Statutes 2002, section 12.39,
73.2 subdivision 2, is amended to read:
73.3 Subd. 2. [INFORMATION GIVEN.] Where feasible, Before
73.4 performing examinations, testing, treatment, or vaccination of
73.5 an individual under subdivision 1, a health care provider shall
73.6 notify the individual of the right to refuse the examination,
73.7 testing, treatment, or vaccination, and the consequences,
73.8 including isolation or quarantine, upon refusal.
73.9 Sec. 3. [12.60] [DEFINITIONS.]
73.10 Subdivision 1. [APPLICABILITY.] For purposes of sections
73.11 12.60 to 12.64, the definitions in this section apply.
73.12 Subd. 2. [COMMISSIONER.] "Commissioner" means the
73.13 commissioner of health.
73.14 Subd. 3. [DIRECTOR.] "Director" means the director of the
73.15 Division of Homeland Security and Emergency Management.
73.16 Subd. 4. [EMERGENCY PLAN.] "Emergency plan" means a plan
73.17 describing the coordination of various government or private
73.18 sector emergency responsibilities, including addressing the
73.19 accessibility needs of persons with disabilities and of other
73.20 special populations, and includes:
73.21 (1) any plan for managing a public health emergency
73.22 developed by the commissioner or a local public health official;
73.23 (2) any plan for managing a public health emergency
73.24 developed by one or more hospitals, clinics, nursing homes,
73.25 health care plans, or other parts of the health care system and
73.26 approved by the commissioner or a local public health official
73.27 in consultation with the director or local emergency management
73.28 officials; or
73.29 (3) any provision for assistance by out-of-state responders
73.30 under an interstate or international compact, including, but not
73.31 limited to, the Emergency Management Assistance Compact.
73.32 Subd. 5. [LOCAL GOVERNMENT.] "Local government" means:
73.33 (1) a board of health established under section 145A.03 or
73.34 145A.07; or
73.35 (2) a city, county, or other municipal or public
73.36 corporation or any instrumentality thereof.
74.1 Subd. 6. [PUBLIC HEALTH EMERGENCY RESPONDER OR
74.2 RESPONDER.] "Public health emergency responder" or "responder"
74.3 means a person or organization that provides health care or
74.4 health services including, but not limited to, a physician,
74.5 physician assistant, registered or other nurse, certified
74.6 nursing assistant, or other applicable staff position within a
74.7 health care provider organization; pharmacist; chiropractor;
74.8 dentist; emergency medical technician; laboratory technician;
74.9 firefighter or another registered as a first responder; mental
74.10 health professional; hospital; nursing facility, boarding care
74.11 facility, home health care agency, or other long-term care
74.12 provider; medical or dental clinic; and medical laboratory and
74.13 including, but not limited to, ambulance service personnel and
74.14 dispatch services and a person not registered as a first
74.15 responder but who is affiliated with a medical response unit and
74.16 is dispatched to the scene of an emergency by a public safety
74.17 answering point or licensed ambulance service.
74.18 Subd. 7. [STATE.] "State" means the state of Minnesota or
74.19 any of its agencies, departments, boards, or commissions.
74.20 Sec. 4. [12.63] [RESPONDER LIABILITY LIMITATION; HOSPITAL
74.21 CAPACITY EXCEEDED.]
74.22 For purposes of this section, "regional hospital system"
74.23 means all hospitals in one of the hospital bioterrorism
74.24 preparedness program geographic regions of the state set forth
74.25 in the most recent hospital preparedness plan available on the
74.26 Minnesota Department of Health Web site at
74.27 www.health.state.mn.us/oep. During a national security
74.28 emergency or a peacetime emergency due to a public health
74.29 emergency declared under section 12.31, the governor may issue
74.30 an emergency executive order upon finding that the number of
74.31 seriously ill or injured persons exceeds the emergency capacity
74.32 of one or more regional hospital systems and that care has to be
74.33 given in temporary facilities. A responder in any impacted
74.34 region acting consistent with an emergency plan is not liable
74.35 for any civil damages as a result of good faith acts or
74.36 omissions by that responder in rendering emergency care, advice,
75.1 or assistance during the effective period of the emergency
75.2 executive order.
75.3 Sec. 5. [12.64] [EMERGENCY VACCINE ADMINISTRATION AND
75.4 LEGEND DRUG DISPENSING.]
75.5 When the governor has declared, under section 12.31, a
75.6 national security emergency or a peacetime emergency due to a
75.7 public health emergency, the commissioner may authorize any
75.8 person, including, but not limited to, any person licensed or
75.9 otherwise credentialed under chapters 144E, 147 to 148, 150A,
75.10 151, 153, or 156, to administer vaccinations or dispense legend
75.11 drugs if the commissioner determines that such action is
75.12 necessary to protect the health and safety of the public. The
75.13 authorization shall be in writing and shall contain the
75.14 categories of persons included in the authorization, any
75.15 additional training required before performance of the
75.16 vaccination or drug dispensing by such persons, any supervision
75.17 required for performance of the vaccination or drug dispensing,
75.18 and the duration of the authorization. The commissioner may, in
75.19 writing, extend the scope and duration of the authorization as
75.20 the emergency warrants. Any person licensed or otherwise
75.21 credentialed under chapters 144E, 147 to 148, 150A, 151, 153, or
75.22 156 shall not be subject to criminal liability, administrative
75.23 penalty, professional discipline, or other administrative
75.24 sanction because the person acted outside the scope of
75.25 activities allowed under the person's license or other
75.26 credential in good faith performance of vaccination or drug
75.27 dispensing duties assigned under this section.
75.28 Sec. 6. Minnesota Statutes 2003 Supplement, section 13.37,
75.29 subdivision 3, is amended to read:
75.30 Subd. 3. [DATA DISSEMINATION.] (a) Crime prevention block
75.31 maps and names, home addresses, and telephone numbers of
75.32 volunteers who participate in community crime prevention
75.33 programs may be disseminated to volunteers participating in
75.34 crime prevention programs. The location of a National Night Out
75.35 event is public data.
75.36 (b) A government entity engaged in or temporarily assisting
76.1 with emergency preparedness or response may make any data
76.2 classified as security information under subdivision 1,
76.3 paragraph (a), accessible to another government entity or to a
76.4 private person or organization engaged in or temporarily
76.5 assisting with emergency preparedness or response, an agency or
76.6 political subdivision of another state or country, a federal
76.7 agency, an international organization, or a tribal authority if
76.8 the disclosing government entity determines that granting the
76.9 access will aid public health, promote public safety, assist law
76.10 enforcement, or otherwise reduce risk to the security of
76.11 information, possessions, individuals, or property. Data
76.12 disclosed to a private person or organization under this
76.13 paragraph must not be further disseminated without the
76.14 permission of the sending entity. Notwithstanding any law to
76.15 the contrary, data must not be disclosed to an agency or
76.16 political subdivision of another state or country, a federal
76.17 agency, an international organization, or a tribal authority
76.18 under this paragraph, unless the receiving entity agrees that
76.19 the data disseminated shall have the same classification in the
76.20 hands of the entity receiving it as it had in the hands of the
76.21 entity providing it.
76.22 Sec. 7. Minnesota Statutes 2002, section 144.419,
76.23 subdivision 1, is amended to read:
76.24 Subdivision 1. [DEFINITIONS.] For purposes of this section
76.25 and section 144.4195 sections 144.419 to 144.4196, the following
76.26 definitions apply:
76.27 (1) "bioterrorism" means the intentional use of any
76.28 microorganism, virus, infectious substance, or biological
76.29 product that may be engineered as a result of biotechnology, or
76.30 any naturally occurring or bioengineered component of any such
76.31 microorganism, virus, infectious substance, or biological
76.32 product, to cause death, disease, or other biological
76.33 malfunction in a human, an animal, a plant, or another living
76.34 organism in order to influence the conduct of government or to
76.35 intimidate or coerce a civilian population;
76.36 (2) "communicable disease" means a disease caused by a
77.1 living organism or virus and believed to be caused by
77.2 bioterrorism or a new or novel or previously controlled or
77.3 eradicated infectious agent or biological toxin that can be
77.4 transmitted person to person and for which isolation or
77.5 quarantine is an effective control strategy, excluding a disease
77.6 that is directly transmitted as defined under section 144.4172,
77.7 subdivision 5;
77.8 (3) "isolation" means separation, during the period of
77.9 communicability, of a person infected with a communicable
77.10 disease, in a place and under conditions so as to prevent direct
77.11 or indirect transmission of an infectious agent to others; and
77.12 (4) "quarantine" means restriction, during a period of
77.13 communicability, of activities or travel of an otherwise healthy
77.14 person who likely has been exposed to a communicable disease to
77.15 prevent disease transmission during the period of
77.16 communicability in the event the person is infected.
77.17 Sec. 8. Minnesota Statutes 2002, section 144.4195,
77.18 subdivision 1, is amended to read:
77.19 Subdivision 1. [EX PARTE ORDER FOR ISOLATION OR
77.20 QUARANTINE.] (a) Before isolating or quarantining a person or
77.21 group of persons, the commissioner of health shall obtain a
77.22 written, ex parte order authorizing the isolation or quarantine
77.23 from the District Court of Ramsey County, the county where the
77.24 person or group of persons is located, or a county adjoining the
77.25 county where the person or group of persons is located. The
77.26 evidence or testimony in support of an application may be made
77.27 or taken by telephone, facsimile transmission, video equipment,
77.28 or other electronic communication. The court shall grant the
77.29 order upon a finding that probable cause exists to believe
77.30 isolation or quarantine is warranted to protect the public
77.31 health.
77.32 (b) The order must state the specific facts justifying
77.33 isolation or quarantine, must state that the person being
77.34 isolated or quarantined has a right to a court hearing under
77.35 this section and a right to be represented by counsel during any
77.36 proceeding under this section, and must be provided immediately
78.1 to each person isolated or quarantined. The commissioner of
78.2 health shall provide a copy of the authorizing order to the
78.3 commissioner of public safety and other peace officers known to
78.4 the commissioner to have jurisdiction over the site of the
78.5 isolation or quarantine. If feasible, the commissioner of
78.6 health shall give each person being isolated or quarantined an
78.7 estimate of the expected period of the person's isolation or
78.8 quarantine.
78.9 (c) If it is impracticable to provide individual orders to
78.10 a group of persons isolated or quarantined, one order shall
78.11 suffice to isolate or quarantine a group of persons believed to
78.12 have been commonly infected with or exposed to a communicable
78.13 disease. A copy of the order and notice shall be posted in a
78.14 conspicuous place:
78.15 (1) in the isolation or quarantine premises, but only if
78.16 the persons to be isolated or quarantined are already at the
78.17 isolation or quarantine premises and have adequate access to the
78.18 order posted there; or
78.19 (2) in another location where the group of persons to be
78.20 isolated or quarantined is located, such that the persons have
78.21 adequate access to the order posted there.
78.22 If the court determines that posting the order according to
78.23 clause (1) or (2) is impractical due to the number of persons to
78.24 be isolated or quarantined or the geographical area affected,
78.25 the court must use the best means available to ensure that the
78.26 affected persons are fully informed of the order and notice.
78.27 (d) A peace officer, as defined under section 144.4803,
78.28 subdivision 16, shall enforce an order under this section and
78.29 may use all necessary and lawful means to apprehend, hold,
78.30 transport, quarantine, or isolate a person subject to the
78.31 order. "Necessary and lawful means" includes reasonable force
78.32 but not deadly force as defined in section 609.066, subdivision
78.33 1. The peace officer shall act upon telephone, facsimile, or
78.34 other electronic notification of the court order. The
78.35 commissioner or an agent of a local board of health authorized
78.36 under section 145A.04 shall advise the peace officer, upon
79.1 request, of protective measures necessary to protect the peace
79.2 officer from possible transmission of the communicable disease.
79.3 (e) No person may be isolated or quarantined pursuant to an
79.4 order issued under this subdivision for longer than 21 days
79.5 without a court hearing under subdivision 3 to determine whether
79.6 isolation or quarantine should continue. A person who is
79.7 isolated or quarantined may request a court hearing under
79.8 subdivision 3 at any time before the expiration of the order.
79.9 Sec. 9. Minnesota Statutes 2002, section 144.4195,
79.10 subdivision 2, is amended to read:
79.11 Subd. 2. [TEMPORARY HOLD UPON COMMISSIONER'S DIRECTIVE.]
79.12 (a) Notwithstanding subdivision 1, the commissioner of health
79.13 may by directive isolate or quarantine a person or group of
79.14 persons without first obtaining a written, ex parte order from
79.15 the court if a delay in isolating or quarantining the person or
79.16 group of persons would significantly jeopardize the commissioner
79.17 of health's ability to prevent or limit the transmission of a
79.18 communicable or potentially communicable disease to others. The
79.19 commissioner must provide the person or group of persons subject
79.20 to the temporary hold with notice that the person has a right to
79.21 request a court hearing under this section and a right to be
79.22 represented by counsel during a proceeding under this section.
79.23 If it is impracticable to provide individual notice to each
79.24 person subject to the temporary hold, notice of these rights may
79.25 be posted in the same manner as the posting of orders under
79.26 subdivision 1, paragraph (c). Following the imposition of At
79.27 the same time that the commissioner of health issues a directive
79.28 for isolation or quarantine under this subdivision, the
79.29 commissioner of health shall within 24 hours apply initiate the
79.30 process of applying for a written, ex parte order pursuant to
79.31 subdivision 1 authorizing the isolation or quarantine. The
79.32 court must rule within 24 hours of receipt of the application.
79.33 If the person is under a temporary hold, the person may not be
79.34 held in isolation or quarantine after the temporary hold expires
79.35 unless the court issues an ex parte order under subdivision 1.
79.36 (b) A peace officer, as defined under section 144.4803,
80.1 subdivision 16, shall enforce a commissioner's directive under
80.2 paragraph (a) as the peace officer would enforce a court order
80.3 under this section. The peace officer shall act upon telephone,
80.4 facsimile, or other electronic notification of the
80.5 commissioner's directive. The commissioner or an agent of a
80.6 local board of health authorized under section 145A.04 shall
80.7 advise the peace officer, upon request, of protective measures
80.8 necessary to protect the peace officer from possible
80.9 transmission of the communicable disease.
80.10 (c) If a person subject to a commissioner's directive under
80.11 paragraph (a) is already institutionalized in an appropriate
80.12 health care facility, the commissioner of health may direct the
80.13 facility to continue to hold the person. The facility shall
80.14 take all reasonable measures to prevent the person from exposing
80.15 others to the communicable disease.
80.16 Sec. 10. Minnesota Statutes 2002, section 144.4195,
80.17 subdivision 3, is amended to read:
80.18 Subd. 3. [COURT HEARING.] (a) A person isolated or
80.19 quarantined under an order issued pursuant to subdivision 1 or a
80.20 temporary hold under subdivision 2 or the person's
80.21 representative may petition the court to contest the court order
80.22 or temporary hold at any time prior to the expiration of the
80.23 order or temporary hold. If a petition is filed, the court must
80.24 hold a hearing within 72 hours from the date of the filing. A
80.25 petition for a hearing does not stay the order of isolation or
80.26 quarantine. At the hearing, the commissioner of health must
80.27 show by clear and convincing evidence that the isolation or
80.28 quarantine is warranted to protect the public health.
80.29 (b) If the commissioner of health wishes to extend the
80.30 order for isolation or quarantine past the period of time stated
80.31 in subdivision 1, paragraph (d) (e), the commissioner must
80.32 petition the court to do so. Notice of the hearing must be
80.33 served upon the person or persons who are being isolated or
80.34 quarantined at least three days before the hearing. If it is
80.35 impracticable to provide individual notice to large groups who
80.36 are isolated or quarantined, a copy of the notice may be posted
81.1 in the same manner as described under subdivision 1, paragraph
81.2 (c).
81.3 (c) The notice must contain the following information:
81.4 (1) the time, date, and place of the hearing;
81.5 (2) the grounds and underlying facts upon which continued
81.6 isolation or quarantine is sought;
81.7 (3) the person's right to appear at the hearing; and
81.8 (4) the person's right to counsel, including the right, if
81.9 indigent, to be represented by counsel designated by the court
81.10 or county of venue.
81.11 (d) The court may order the continued isolation or
81.12 quarantine of the person or group of persons if it finds by
81.13 clear and convincing evidence that the person or persons would
81.14 pose an imminent health threat to others if isolation or
81.15 quarantine was lifted. In no case may the isolation or
81.16 quarantine continue longer than 30 days from the date of the
81.17 court order issued under this subdivision unless the
81.18 commissioner petitions the court for an extension. Any hearing
81.19 to extend an order is governed by this subdivision.
81.20 Sec. 11. Minnesota Statutes 2002, section 144.4195,
81.21 subdivision 5, is amended to read:
81.22 Subd. 5. [JUDICIAL PROCEDURES AND DECISIONS.] Court orders
81.23 issued pursuant to subdivision 3 or 4 shall be based upon clear
81.24 and convincing evidence and a written record of the disposition
81.25 of the case shall be made and retained. Any person subject to
81.26 isolation or quarantine has the right to be represented by
81.27 counsel or other lawful representative. The court may choose to
81.28 conduct a hearing under subdivision 3 or 4 by telephonic,
81.29 interactive video, or other electronic means to maintain
81.30 isolation or quarantine precautions and reduce the risk of
81.31 spread of a communicable disease. Otherwise, the manner in
81.32 which the request for a hearing is filed and acted upon shall be
81.33 in accordance with the existing laws and rules of the courts of
81.34 this state or, if the isolation or quarantine occurs during a
81.35 national security or peacetime emergency, any rules that are
81.36 developed by the courts for use during a national security or
82.1 peacetime emergency.
82.2 Sec. 12. [144.4196] [EMPLOYEE PROTECTION.]
82.3 Subdivision 1. [DEFINITIONS.] For purposes of this section:
82.4 (1) "qualifying employee" means a person who performs
82.5 services for hire in Minnesota and who has been subject to
82.6 isolation or quarantine for a communicable disease, as defined
82.7 in section 144.419, subdivision 1, clause (2). The term applies
82.8 to persons who comply with isolation or quarantine restrictions
82.9 because of:
82.10 (i) a commissioner's temporary hold directive;
82.11 (ii) an order of a federal quarantine officer;
82.12 (iii) a state or federal court order; or
82.13 (iv) a written recommendation of the commissioner or the
82.14 commissioner's designee that the person enter isolation or
82.15 quarantine. A person qualifying under this item must
82.16 demonstrate that the person's isolation or quarantine was
82.17 subject to monitoring by the commissioner or the commissioner's
82.18 designee or by the person's own health care provider; and
82.19 (2) "employer" means a person having one or more employees
82.20 in Minnesota and includes the state and any political
82.21 subdivision of the state.
82.22 Subd. 2. [PROTECTIONS.] (a) An employer shall not
82.23 discharge, discipline, threaten, or penalize a qualifying
82.24 employee, or otherwise discriminate in the work terms,
82.25 conditions, location, or privileges of the qualifying employee,
82.26 because the qualifying employee has been in isolation or
82.27 quarantine.
82.28 (b) A qualifying employee claiming a violation of paragraph
82.29 (a) may bring a civil action for recovery of lost wages or
82.30 benefits, for reinstatement, or for other relief within 90 days
82.31 of the claimed violation or within 90 days of the end of the
82.32 isolation or quarantine, whichever is later. A qualifying
82.33 employee who prevails shall be allowed reasonable attorney fees
82.34 fixed by the court.
82.35 (c) Nothing in this subdivision is intended to alter sick
82.36 leave or sick pay terms of the employment relationship.
83.1 Subd. 3. [LIMITATION.] This section does not apply to work
83.2 absences due to isolation or quarantine under subdivision 1 for
83.3 periods longer than 21 consecutive days.
83.4 Sec. 13. [WORKERS' COMPENSATION ADVISORY COUNCIL REPORT.]
83.5 The Council on Workers' Compensation, established under
83.6 Minnesota Statutes, section 175.007, must study extending
83.7 workers' compensation to volunteers during a public health
83.8 emergency and during emergency preparedness preparations. The
83.9 report must be completed and presented to the legislature by
83.10 January 15, 2005. The report must comply with Minnesota
83.11 Statutes, sections 3.195 and 3.197.
83.12 Sec. 14. [HEALTH STUDY.]
83.13 (a) The commissioner of health must prepare a plan for the
83.14 development and implementation of a statewide public health data
83.15 management system in cooperation and consultation with
83.16 representatives of local public health departments. The plan
83.17 must provide state and local public health departments with a
83.18 cost-effective, reliable means for collecting, utilizing, and
83.19 disseminating public health data. The plan must include cost
83.20 estimates for the planning and development of a statewide
83.21 system. Nothing in this section requires the commissioner to
83.22 collect additional health data.
83.23 (b) The plan must be completed and presented to the
83.24 legislature by January 15, 2005. The plan must comply with
83.25 Minnesota Statutes, sections 3.195 and 3.197.
83.26 Sec. 15. [REPEALER.]
83.27 Laws 2002, chapter 402, section 21, is repealed.
83.28 Sec. 16. [EXPIRATION.]
83.29 (a) Minnesota Statutes 2002, sections 12.03, subdivisions
83.30 1c, 4d, 6a, 9a; 12.311; 12.312; 12.381; 12.39; 13.3806,
83.31 subdivisions 1a and 10a; 144.419; and 144.4195; and sections 3
83.32 to 5, and 12, expire August 1, 2008.
83.33 (b) The amendments to Minnesota Statutes, by Laws 2002,
83.34 chapter 402, sections 6 to 9, 12, and 13, to sections 12.21,
83.35 subdivision 3; 12.31, subdivisions 1, 2, and 3; 12.32; 12.34,
83.36 subdivision 1, and the amendments in sections 2 and 6 expire
84.1 August 1, 2008.
84.2 Sec. 17. [EFFECTIVE DATE.]
84.3 Sections 1 to 14 are effective the day following final
84.4 enactment.